Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION

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, FRIDAY, MAY 22, 1998 No. 67 Senate The Senate met at 9:30 a.m. and was It is possible that some time may be Mr. INHOFE. Could we extend that called to order by the President pro yielded back on the sanctions bill, and unanimous consent to give me 10 min- tempore [Mr. THURMOND]. therefore votes could occur before utes after the Senator from Minnesota? noon. The Senate will also consider the The PRESIDING OFFICER. Is there PRAYER ISTEA conference report when it bean objection to the time requests? The Chaplain, Dr. Lloyd John comes available. Therefore, votes could Without objection, it is so ordered. Ogilvie, offered the following prayer: occur throughout Friday’s session, in Mr. COVERDELL. I yield 3 minutes Gracious God, our Father who has an effort to conclude several important of my time to the Senator from Or- given us life, bless us this day as we ac- items prior to the Memorial Day re- egon. cept the privilege of work. Thank You cess. Mr. SMITH of Oregon. Mr. President, that the work You have given the Sen- Mr. President, it is my under- and my colleagues who have allowed ators and those who work with and for standing, in conference with the other me to speak, I thank you for your cour- them is crucial for the future of our side, that they are comfortable with al- tesy. Nation. lowing two of our 10-minute sessions to As this intense and busy week comes occur back to back and to then go to f to a close, we express our gratitude for the other side—and I will begin that, each Senator’s staff, the officers of the but before I do, for just a couple of TRAGEDY IN OREGON Senate and their staffs, the reporters of minutes the Senator from Oregon will debates, the media, the pages, the po- speak to express his grief over cir- Mr. SMITH of Oregon. Mr. President, lice guards and Secret Service, the ele- cumstances in his State. I rise today with a very heavy heart. vator operators, the food service per- Mr. WELLSTONE. Might I interrupt Yesterday, Senator WYDEN, my col- sonnel, the landscape and maintenance my colleague for a second. I know we league from across the aisle, and I were people, and so many others who work will hear from the Senator from Or- confronted with news of a tragedy in so faithfully on hundreds of important egon to speak about the tragedy in Or- our State that was, frankly, in my tasks. May we take no one for granted egon, and I think his remarks are per- mind, quite unimaginable. and communicate our esteem and affir- haps the most important remarks of The Willamette Valley of Oregon is mation to everyone who works around the day. perhaps one of the most beautiful us. Might I ask, since we have some places in the world. It is surrounded by Today, we especially thank You for order, after the Senator from Oregon mountains with snowcaps and clear Stuart Balderson, Financial Clerk of speaks, then two Republicans will streams running through it. It is filled the U.S. Senate, who has recently re- speak? with farmers and loggers, college pro- tired after faithfully serving this body The PRESIDING OFFICER (Mr. fessors and students, people working in for 38 years. Bless Stuart and his wife, ALLARD). Correct. State government. It is truly an Eden Marie. May their retirement years con- f on Earth. But yesterday, a most mindless and tinue to be joyful and purposeful. ORDER OF PROCEDURE Through our Lord and Savior. Amen. senseless act was committed that Mr. WELLSTONE. Could I ask unani- leaves me, frankly, speechless. A young f mous consent to have 10 minutes in the man, obviously very troubled, on the RECOGNITION OF THE ACTING sequence after Senator DORGAN? way to school killed his parents and MAJORITY LEADER The PRESIDING OFFICER. The Sen- then took three weapons into his The PRESIDENT pro tempore. The ator is asking there be two 10-minute school cafeteria at Thurston High able acting majority leader is recog- segments? School in Springfield, where he opened nized. Mr. WELLSTONE. I would like to up and killed 1 student and injured f speak after Senator DORGAN for 10 min- nearly 30 others. This occurred before a utes. wounded student tackled him and held SCHEDULE Mr. ENZI. Could I request permission him to the ground. Mr. COVERDELL. Mr. President, for before that happens to drop in a bill on I don’t have words to express the out- the information of all Senators, this behalf of myself and Senator BINGA- rage I feel or the heartache that I feel morning the Senate will begin 1 hour of MAN? for the families, for the victims, for morning business. At 10:30 a.m., the The PRESIDING OFFICER. Does the this community, for my State, for my Senate will begin the Iran sanctions Senator concur with that? country, at this outrageous and des- bill under a time agreement of 3 hours. Mr. WELLSTONE. Yes. picable act.

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

S5359

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5360 CONGRESSIONAL RECORD — SENATE May 22, 1998 Yesterday, Senator WYDEN and I were It is about taking every possible step ference report on H.R. 2400, the ISTEA asked to be on program after program, in the schools, in the family, through reauthorization legislation. I regret and we declined, because it was not a the education and health programs and that I am unable to be here to vote on day for pontificating about policy or through law enforcement programs, to this important piece of legislation, but political posturing. It was a day for protect our citizens and to reach out to I must depart momentarily to speak to grief and mourning. I reach out to my those young people in trouble. That the 25th Anniversary Reunion of Viet- State. I cannot be there physically, but way we have a chance to restore safety nam-Era Prisoners of War in Dallas, my heart is with you and I am in agony in our communities and peace of mind Texas. with you. It becomes all of us here and for parents who, right now across this If I were able to record my vote, how- in any place in government not to pick country, because of Springfield and the ever, I would vote against this con- a single issue and say that is why, but previous tragedies, are going to get up ference agreement. This legislation is to look at the strings that run from in the morning saying to themselves: likely the most pork-laden legislation Springfield to Jonesboro or in any What is going to happen at my child’s ever to be considered by Congress in other community in this State and to school today? We cannot have that. No the 20th Century. This conference re- find out what is happening with the Member of the Senate can abide by port should be defeated, despite the in- youth of America whereby they solve that. And that, to me, is our central clusion of many important and com- their problems by resorting to this challenge today. mendable provisions. I cannot support this conference re- kind of violence. Oregonians have come together in port despite the fact that it does in- We must have the courage to face all the last 24 hours to do what we always clude significant motor carrier, high- of the possibilities. It isn’t just the do best, and that is to help friends and way and boating safety initiatives de- school. It isn’t just the gun. It isn’t neighbors in a time of great need. We veloped by the Committee on Com- just the family. It isn’t any of these have seen an extraordinary outpouring merce, Science, and Transportation. things in isolation, but it is all of them of concern in Springfield towards fami- The Commerce Committee conferees, together. lies. It is not possible to find any real Senator HOLLINGS, Senator STEVENS, I, for one, reach across to my col- comfort at a time like this, but if you and I, worked diligently and respon- league from Oregon, Senator WYDEN, can feel hopeful—we have got to get up sibly to ensure that effective truck and every other member of the Oregon every morning working to make this a safety inspection and enforcement ac- delegation in this Congress, and to our better world and a safer world—we can tivities are continued, that safety ini- Governor, and to school officials and to take some comfort in knowing that tiatives on motor vehicle occupant pro- parents in Oregon and across this coun- communities like Springfield do work. tection are created, and that rec- try and say, let’s figure it out and let’s They are getting up this morning and reational boating activities are ad- try to prevent it from occurring again. saying that they are going to try to vanced. This does not belong in America. The reach out to everybody in that commu- The Committee on Commerce, answers start with us. nity, to try to do everything possible Science, and Transportation portion of The answers start in our hearts and to heal in Springfield and our home the conference report also requires the in our homes, in our legislatures, in State but, even more importantly, to National Highway Traffic and Safety this Capitol building, but it starts with do everything they can to make sure Administration (NHTSA) to change ex- us as individuals to find out how to say that tragedies like this do not happen isting passenger car air bag standards no to this in the future and to prevent again in Oregon or anywhere else. so that the risks air bags pose to in- it. We are doing many things to punish, That is what we need to work for in fants, children, and other individuals and those are appropriate things. It is this Chamber. Government policies can are minimized. I also want to take this time to do more to prevent. help, and with the government being a opportunity to express my personal Mr. President, I yield the floor. better partner, and families and thanks to Senator KEMPTHORNE. With- The PRESIDING OFFICER. The Sen- schools and communities rallying, as out his involvement, I doubt our efforts ator from Oregon is recognized. Springfield has, we can make a dif- to improve passenger car air bags Mr. WYDEN. I thank the Chair. ference and we can stop this carnage in would have succeeded as they did. As Senator SMITH has said, the peo- our schools. Yet despite these notable achieve- ple of Oregon are grieving this morn- Mr. President, I yield the floor. ments, I regret I cannot support the ing. Our hearts are out to them. This is The PRESIDING OFFICER. The Sen- ISTEA reauthorization conference re- a time when all of us from Springfield, ator from Georgia. port. I object for several key reasons: OR, to Springfield, MA, have to take a f the budgetary offsets, donor state in- few moments out from our daily rou- equity, and pork barrel spending. tine and reflect on what has happened MOMENT OF SILENCE On April 2nd, I reluctantly voted for in our home State. This is supposed to Mr. COVERDELL. Mr. President, I an amendment sponsored by Senators be a joyous time of year for kids in now ask unanimous consent that the DOMENICI, LOTT, and CRAIG on the Bal- high school. They think about summer Senate have a minute of silence in the anced Budget Act which proposed to vacations and plans, time with family. Chamber in deference to the remarks transfer approximately $10.5 billion Once again, however, our country has of the two Senators from Oregon, and over five years from the Department of been rocked by unspeakable violence. I then the Senate would proceed with Veterans Affairs for veterans’ tobacco- think all of us know that young people the hour of morning business beginning related diseases to pay for the trans- get upset and they do foolish things. at that point. portation reauthorization legislation. But that is not what this is about. In part, I did this because I believe that In times past, when young people got (There being no objection, the Senate observed a moment of silence.) the tobacco companies, rather than the angry, they might throw a rock, they taxpayers, should bear the burden for might throw a fist, but there was not f veterans’ tobacco-related diseases this pattern of deadly gun violence. MORNING BUSINESS caused partially by smoking and using And so now it is critically important as other tobacco products while they were we grieve for the people of our home The PRESIDING OFFICER. Under in military service. State—my staff has been trying to the previous order, there will now be a Military service did not force help, giving blood, assisting others in period for the transaction of morning servicemembers to smoke, but I do ac- the community, but it is especially im- business for not to exceed 1 hour, with knowledge that for morale reasons, the portant now to get beyond the kind of Senators permitted to speak therein services made cigarettes available for finger pointing and the sort of blame for up to 10 minutes each. free or at inexpensive prices. The serv- game that inevitably takes place here f ices also give servicemembers condoms and look to how these tragedies can be and birth control pills at no cost to prevented in the future. ISTEA military personnel, but that does not I share Senator SMITH’s judgment Mr. MCCAIN. Mr. President, later mean that they want our men and that this is about what is in our heart. today, the Senate will vote on the con- women in uniform to be promiscuous.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5361 As a conferee on this multi-year Virginia. Money is included to build a payers living in donor states are forced highway funding reauthorization bill, I coal heritage trail in West Virginia. to subsidize transportation projects in have refused to support or sign the Millions of dollars are set aside in se- donee states. Arizona, for example, re- ISTEA conference report. As I men- lected towns throughout the country to ceives only about 85 cents for every tioned earlier, of the three reasons for construct location-specific bike paths. gas-tax dollar it contributes to the my opposition, the shifting of critical If traffic calming activities and con- highway trust fund. The 85-cent return veterans funding to perpetuate donor structing boardwalks fail in some ratio is reality despite the fact that state inequity and support the pork minds to qualify as a ‘‘high priority’’ the original ISTEA legislation ‘‘guar- barrel spending in this massive high- project, there’s always the funding set anteed,’’ and I stress the word guaran- way bill is egregious. aside to produce a documentary film on teed, donor states a 90-cent return by Additionally, I will seek to ensure infrastructure. 1997. The 1991 ‘‘guarantee’’ simply was that any tobacco bill that passes the I fail to see how items like these can never fulfilled. Senate includes money for the veterans seriously be considered ‘‘high’’ trans- Now donor states are being told the health care system to help reimburse portation priorities. new funding formula will guarantee the costs of treating veterans with to- Priorities are traditionally estab- they’ll receive 90.5 cents back for every bacco-related diseases. Our nation’s lished after thorough review and dis- gas tax dollar sent to Washington. veterans should not be excluded from cussion. While our colleagues in the That’s a mere half-penny increase over payments by tobacco companies for other body maintain that their the 1991 guarantee that was never real- health care costs associated with to- projects were selected after a review ized. bacco-related diseases. The failure to process, I do know that the process in Today, many of our colleagues will address the tobacco-related health care the Senate was not. announce that the conference report needs of our men and women who faith- At 5:30 last night, Senate transpor- provides critical funding to meet the fully served their country in uniform tation aides received an e-mail mes- transportation needs ‘‘for the 21st Cen- would be wrong. sage announcing that a limited number tury.’’ The conferees have gone so far Congress cannot continue to rob from of Senate high priority projects were as to entitle the bill ‘‘the Transpor- veterans, whose programs have been se- about to be added to the conference re- tation Equity Act’’ yet nothing could riously underfunded for years, to pay port. Transportation aides were ad- be further from the truth. We will be for a bill that ranks as the largest vised to inform the Environment and told the dramatic increase in highway pork-barrel spending bill ever written. Public Works Committee if their mem- spending—a portion of which I remind Two months ago during the debate on bers wanted any projects earmarked. my colleagues comes at the expense of the McCain/Mack/Graham/ Thurmond/ Staff was advised that no more than veterans programs and other domestic Coats/Brownback/Kyl amendment, I half of the proposed State allocation activities—will fill a critical gap in discussed the history of highway bill amount should be earmarked. Explicit transportation spending. Yet I ask my demonstration projects. Those remarks direction was provided on how a Mem- colleagues, how can anyone realisti- are as relevant today as they were two ber might make such a request, includ- cally believe that a half-penny hike months ago, because if we adopt this ing that it must be in writing and the will meet the transportation needs for conference report as presently written, description of the project must not ex- the fastest growing states in the na- we will shatter all pork-barrel spending ceed 216 characters. In addition, a tion. States like Arizona and Nevada records. name and phone number was provided are not being treated fairly or reason- In 1982, the highway bill had 10 dem- where staff could call to find out just ably. onstration projects, costing a total of how much extra money had been set Mr. President, the only guarantee $362 million. In 1987, 152 demonstration aside for their state. that donor states should expect from projects were created, costing a total Mr. President, this borders on the ab- this legislation is that they will con- of $1.4 billion. In 1991, what was then surd. What ever happened to funding tinue to subsidize road projects in felt to be the mother lode of all demo projects based on legitimate needs? other states for the next six years. project bills, the Intermodal Surface Mr. President, this reauthorization Mr. President, I also want to mention Transportation and Efficiency Act would be comical if it weren’t such an a purely procedural matter which deep- (ISTEA), 538 location-specific projects abrogation of our responsibilities to ly concerns me. When staff of the Sen- totaling $6.23 billion were created. the American taxpayer. ate conferees first met on the legisla- Where are we today? H.R. 2400 doesn’t I am not alone in my disdain for this tion, the Committee on Commerce, just double the number of location-spe- raid on the highway trust fund. Public Science and Transportation was told cific project, but it more than triples interest groups have strongly criticized specifically that several projects des- the number of earmarked projects. The projects like these. The Heritage Foun- ignated in the House-passed bill were bill individually targets more than dation recently called on Congress to squarely within our jurisdiction. The 1,850 projects. The costs have risen as eliminate the House earmarks and to Environment and Public Works Com- well. H.R. 2400 sets aside more than $9 ‘‘instead allow each state to use its mittee in essence gave those projects billion to pay for these 1,850 specified share of the highway trust fund for over to the Commerce Committee. The highway projects. That is $9 billion of projects that meet locally and state de- Commerce Committee never resolved highway funding that Congress is man- termined needs and priorities.’’ Citi- those issues, so I was quite surprised to dating the states allocate to carry out zens Against Government Waste states see that the projects that EPW specifi- whimsical projects. That is $9 billion that the House-passed legislation cally gave over to Commerce Com- that states cannot allocate to those in- ‘‘guarantees that federal highway dol- mittee to handle quietly found their frastructure projects they deem most lars will continue to be doled out to re- way into the conference report we de- appropriate. Scores of other projects gions with political muscle, rather bate today. are listed in other sections of the legis- than to areas that truly need it.’’ I also formally protest the Transpor- lation. Two of the originally-stated goals in tation and Infrastructure Committee A new name has even been created. ISTEA’s reauthorization were to pro- and Environment and Public Works We used to hear about ‘‘demonstra- mote state highway funding flexibility Committee conferees’ inclusion of a tion’’ projects and ‘‘innovative’’ and to utilize limited resources respon- provision which is squarely within the projects. Under H.R. 2400, we now have sibly. Rather than perpetuate Congres- Commerce Committee’s jurisdiction. ‘‘high priority projects.’’ Just what is a sional earmarks, we should place our Those conferees included language to ‘‘high priority’’ project? Let me men- confidence in our elected Governors’ exempt winter home heating oil deliv- tion just a few examples of the type of and Mayors’ decision-making capabili- ery drivers from hours of service regu- project that the conferees believe are ties. Local- and state-elected officials lations for the next two years. definitive projects. should make the final decisions on Let me be very clear. The Environ- Funds are included to initiate ‘‘traf- local and state roads. ment and Public Works Committee has fic calming projects’’ in West Palm Lastly, I remain concerned over no jurisdiction over federal motor car- Beach, Florida and Fauquier County, donor state equity. Currently, tax- rier safety regulations governing hours

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5362 CONGRESSIONAL RECORD — SENATE May 22, 1998 of service. Federal hours of service reg- We have demonstrated as a Nation if nally just moving on our own. The plan ulations are the primary protection for we get focused on this problem, pay at- that they have given us says we are the traveling public against truck driv- tention to it, and if we do the right going to have an accountability period ers being forced to drive excessive things, we will keep people from being in the year 2006. The first measurement hours in a fatigued condition. The Sen- entrapped by drug use. We went from would occur in 2002. That is 2 years ate Commerce Committee has sole ju- 14.1 percent down to 5.3 percent. In into the next Presidency. We need to be risdiction over hours of service and the other words, instead of 3.3 million chil- aggressive now. My colleague, in a mo- Senate Environment and Public Works dren getting caught up in this, we have ment, will describe in his 10-minute pe- Committee not only didn’t ask for our taken it down to 1 million—a two- riod the bold response. input in the issue, but surreptitiously thirds reduction. And then we got lazy. I yield the floor to my colleague from snuck it into the bill. We quit talking about it. We made Idaho. As a conferee on the legislation I find light of it. The interdiction was re- The PRESIDING OFFICER. The Sen- this action reprehensible. As the Chair- duced. The drug czar’s office was ator from Idaho is recognized. man of the Commerce Committee I find closed, for all practical purposes. We Mr. CRAIG. Mr. President, why have action inexcusable. And I assure my mothballed Coast Guard ships in the we spent the last 3 days on the floor colleagues that this Senator will not Caribbean. We turned our back on this talking about tobacco? Nearly every- let this action stand and I pledge that problem. And what happened? Well, we one who has come to the floor to talk I will do all that I can to have this pro- should not be surprised. We are moving about tobacco has said we have to get vision stripped from the legislation. right back to 1979. You quit talking it out of the hands of teenagers. There Mr. President, this conference report about it, you reduce the effort on the are two reasons we are on the floor is a sham. The so-called Transpor- border, you shrink up the resources, talking about tobacco. First of all, it is tation Equity Act for the 21st Century and our youngsters get the idea that it darn good politics, and, secondly, we is a fraud. We should not fool taxpayers is not dangerous. In the meantime, the are mad at the tobacco companies and into believing that this legislation is cartels have become ever more sophis- we are going to act in a very punitive anything more than a raid on gasoline ticated, generating ever more re- fashion because they lied to us. They tax dollars at the expense of veterans withheld information as to the benefits. I urge my colleagues to vote sources. They have as good a distribu- addictiveness of nicotine, and we are against the conference report. tion system in this country as some of our most famous brands. angry as a public, angry as a governing f At a hearing recently, we had rep- body. We are going to inflict upon DRUG ABUSE AND ADDICTION resentation from Customs, from the them a very punitive action, and we Mr. COVERDELL. Mr. President, Justice Department, and from the FBI. are going to do it in the name of teen- when we return a week from Monday, I asked them at the end of the hearing, agers—thousands of young people every from the Memorial Day recess, we will ‘‘How recently have you been to a day picking up a cigarette. revisit the tobacco debate, and at that school?’’ Well, none of them had been I am not belittling it, I am recog- point I, along with my colleague from recently. I said, ‘‘You ought to do it.’’ nizing it. We need to try to get tobacco Idaho, Mr. CRAIG, and my colleague Mr. President, if you want to know and the substance within it, nicotine, from Michigan, Mr. ABRAHAM, will what is going on, go into any school out of the hands of our teenagers. But offer an amendment to the tobacco bill and 12-years-olds can tell you the thousands of teenagers today who start that would create a new section. The whole story. They can tell you how few smoking today will not die tomorrow. section we will be offering as suggested minutes it takes to buy them. They Let me repeat that. The thousands of additional legislation for the tobacco can tell you that they are prevalent ev- teenagers that we are all talking bill will be a section on drug abuse and erywhere. They can tell you the name about—and, boy, have we heard it on addiction. brands of all of them. And when you the floor in the last few days—who pick Mr. President, to me it is illogical— ask them what the most serious prob- up a cigarette today will not die to- and I have been puzzled throughout the lem is, a few will hold up their hands morrow. debate—that we would be talking on various issues—alcohol, cigarettes— Mr. President, young people who en- about teenage addiction in the context but they all hold up their hands in uni- gage in the use of drugs can die tomor- of tobacco only. It is not good policy to son when you say, ‘‘Are drugs the most row. As my colleague from Georgia talk about teenage addiction and leave serious problem you face?’’ All the said, thousands are dying each year in out the single, most important crisis hands go up. I challenge anybody to do violent actions and crimes related to that teenagers face today, which is it. They will get the same answer. drug use and drug associations. Yet, we drug addiction, drug abuse, and the Those kids, I think, are wondering stand silently by. The administration swirling epidemic that has engulfed our what we are doing about it, what is dropped the ball and walked away, and, Nation. If we are going to talk about this Nation doing about it? It is time finally, my colleague from Georgia addiction, we must include a compo- for a bold response. And throughout rose up and said, wait a moment here, nent that deals with the Nation’s No. 1 this entire debate, there has been si- what in the heck are we doing as a teenage problem. lence on this massive problem. One in country and as a policymaking body? If Mr. President, in the last 7 years four students in high school today in we are going to do all these great teenage drug abuse has increased by 135 the United States is using drugs regu- things for kids to get the cigarette out percent—135 percent. Tobacco usage larly. One in nine in junior high is of their hand, why in the heck don’t we has increased as well—40 percent. That using drugs regularly. Eight out of ten get crack cocaine, marijuana, and am- is significant, and we must attack that prisoners in any jail in America, any- phetamines out of their hands because but not by being silent on a new drug where in America, are there on a drug- it kills them—not 30 years down the epidemic in the United States. In 1979, related charge—direct or indirect. This road. 14.1 percent of the population age 12 to is fueling crime in our country, with By the way, if you start smoking 17 were involved in drug use—that is 3.3 enormous cost consequences, and we today, you have a chance to live, be- million. The Nation got serious and it are taking millions of casualties. If cause you can quit down the road. But said we cannot accept this. And by the this evil force wore a uniform, we if you start crack cocaine today, you year 1992, drug use had been driven would have declared war on it. will probably die on the street in a down by two-thirds, from 14.1 percent What else would take down a million month or two for one reason or an- down to 5.3 percent. This is important kids—a million, and it is increasing— other, because you are stealing the on a couple of points. First, it dem- that would produce 100,000 crack babies money to get the crap that is called onstrates to the Nation that you can every year and thousands of deaths— crack, or you are shot in some trans- do something about this. There are 14,000 a year? action that went bad. many in our community who would The silence has been deafening, just That is how teenagers in America are argue, well, we have just been fighting deafening. We have been in a struggle dying today. The statistics that were this forever and it doesn’t do any good. with the administration over this, ask- just given by my colleague from Geor- That is totally wrong. ing them to step forward. We are fi- gia about seventh graders and eighth

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5363 graders is real. I have done the same nities at large to join together to block Our legislation is comprehensive. The thing that PAUL COVERDELL has done. I grant and create their own initiative amendment that we will talk about have gone to the schools of Idaho. I go along with our directed initiatives to over the recess and will offer as soon as to them regularly anyway. I spend a get at the problem at the local level. we get back is going to be critical. lot of time talking with teenagers, Then the third thing is to create dis- Pieces of what we are doing have al- kids, and when I ask the question, incentives for teen use of illegal drugs. ready passed the Congress in one way ‘‘What is your problem?’’ the hands go Those are the three major areas that or another. up with drugs. Most of the hands go up. will be involved in what we are about We want to bring them together to The Senator from Georgia is right. to do. We are going to spend a lot of create the focus to do the same thing They know who sells it, and where you time on the floor week after next until against drugs as we have done against can get them. If they had a brand name this proposal, this amendment, is part alcohol. You get caught as a teenage on them, they would know the brand. of the overall bill that will move, I be- drunk driver you lose your driver’s li- Most importantly, if they had a brand lieve, out of here. cense. You get caught using drugs as a name on them and they were being So what do we have to do? When it teenager you drive on. We will encour- comes to the supply side, we have to go trafficked in the market today, we age the States to take the driver’s li- straight at it. We have to deal with would be here going after the compa- cense away. interdiction. We have to strengthen the nies that were selling them because it Let me say in closing, Mr. President, borders. We have to stop slashing Coast would be killing our kids. that if we are really worried about Guard budgets and put some money But today we are angry. We are mad. kids, yes. I agree. Let’s get the ciga- We are going to be vindictive. We are back in it. We talked about a 53-percent decline rettes out of their hands. But let’s stop after the tobacco companies. We are them from their access to drugs of all after their big money to fuel big gov- from 1992 to 1995 in the ability of the Coast Guard to reach out and interdict. forms. It kills them tomorrow. It killed ernment. I am not going to vote for a That simply has to stop. Our amend- thousands last year. It will kill thou- big tobacco bill. I am going to vote to ment does exactly that. sands this year. As a policy-making get cigarettes out of the hands of teen- Our amendment also includes the body, we would be remiss not to deal agers. It is the right thing to do. Border-Free Drug Act, which attacks with this issue now and force this ad- But if we stand silently by and let 70 percent of the illegal drugs that ministration to get out of their sleep- what is described by my colleague from enter the United States across the walk and deal with the issue in co- Georgia as the most significant epi- United States-Mexican border—70 per- operation with us. demic amongst our youngsters go cent of the drugs that are killing our I yield the floor. unspoken to and uncorrected, then we kids on the street today, not 20 years Several Senators addressed the have erred grievously; we have erred down the road—today coming across Chair. grievously as policymakers. the border from Mexico to the United The PRESIDING OFFICER (Mr. New polls are out. When you ask par- States. GRAMS). The Senator from Wyoming, ents what they are worried about, here So why not put more people on the under the previous order, is recognized is what they say: Thirty-nine percent, borders? I think we ought to. We ought for 10 minutes. using illegal drugs. Thirty-nine percent to strengthen the Immigration and Mr. DORGAN addressed the Chair. of the American public say that is the Naturalization Service to hire Border The PRESIDING OFFICER. Does the No. 1 problem. Sixteen percent say Patrol agents to deal with the traf- Senator yield? joining a gang. Nine percent say drink- ficking and get at the business of going ing alcohol. Why? You get drunk, you Mr. DORGAN. Will the Senator yield at it. For example, our amendment in- so I might ask a question? get in the car, and you kill somebody, creases the resources available to DEA and you kill yourself. Mr. ENZI. Yes. and the FBI. Mr. DORGAN. Mr. President, my un- Why then are we on the floor to An additional section of our amend- derstanding of the unanimous consent spend weeks and millions of dollars ment is the Money Laundering Preven- request made by Senator COVERDELL trying to reach out and get billions of tion Act. dollars out of tobacco? I will tell you Finally, last week this administra- was that he wants to get two on the why. Because it is good politics. Yet tion announced a major break in drug majority side to use 10 minutes each. only 3 percent of the American people laundering with Mexican banks. We And we thought that was acceptable. say they worry about it when they have arrested a few people. And we are Senator ENZI wanted to introduce a worry about their kids. trying to get the cooperation of the bill. I now understand that Senator It is time we speak out. That is what Mexican Government now because the ENZI wishes to consume up to 10 min- my colleague from Georgia, my col- money is big. How big? We are trying utes. The difficulty with that is I must league from Michigan, and I are doing. to get $800 billion away from the to- be somewhere downtown at 10:30. If I We will have an amendment on the tobacco companies to spend on big gov- had understood that Senator COVER- bacco bill that will deal with this issue, ernment and some advertising that we DELL was seeking 30 minutes on that or there will be no tobacco bill. think will convince our teenagers to side before anyone was recognized, I We must wake up the White House, quit smoking. But $100 billion a year in would have had a different view, al- wake up our Government, and wake up the drug business kills thousands of though I recognize that Senator ENZI this policy body to what we are about teenagers. And we have not spoken to came, in fact, before the previous two to do. Here is what we want to do. We that. Why don’t we go after that? I speakers this morning. I understand want to attach legislation that deals hope we can. We should. That is our that. But we did it as a matter of cour- with this issue in a most significant goal. tesy to say it was acceptable to us to way targeting three primary areas: At- While we deal with it in a national have two Republican speakers to go for tacking the supply of drugs by and an international way, we have to 10 minutes each provided we then be strengthening our ability to stop them turn to our parents and we have to recognized. The Senator from Wyo- at the border; pull the mothballed turn to our communities. The kids ming, I understand, wants to introduce Coast Guard fleet out and put it back know who the drug dealers are. We a bill. in the water. Bill Clinton put it there. ought to start asking them and involv- Does the Senator from Wyoming in- The heck with Bill Clinton. Put the ing them a little bit and recognizing tend to consume up to 10 minutes? money back in. Get them out in the the importance of that. We do that. We Mr. ENZI. Mr. President, my request water, and stop by interdiction. That is go after the demand side along with was both on behalf of myself and Sen- what our amendment does. the supply side. ator BINGAMAN. I don’t see Senator Second, we want to provide addi- I think the Clinton administration’s BINGAMAN. So we can do it in consider- tional resources to fight drugs that green light to subsidize needle ex- ably less time than that providing, of reach our neighborhoods. Give the change and programs like that doesn’t course, that the unanimous consent is tools to the law enforcement commu- make a lot of sense. That is an encour- that all of our statements be in the nities and the schools and the commu- agement. We want to stop that. RECORD. But I would like to make a

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5364 CONGRESSIONAL RECORD — SENATE May 22, 1998 few comments on something that is im- First, a chart. This chart shows in re- understand this is heading in the portant to worker safety in this coun- cent years the average monthly trade wrong direction. try. That is why I asked it to be in that deficit in this country, the average I am not suggesting cutting off all order. monthly merchandise trade deficit. imports. I am saying to our trading Mr. DORGAN. I think there has been You can see what is happening—a partners, as a country it is in our eco- a misunderstanding. I will, as matter month in 1991, $6 billion; it is now 1998, nomic interest that when we take your of courtesy, not object. But I would $20 billion, February through March, in goods, you be required to take ours. We have objected earlier if the request was a month. Some say the trade deficit need to get more wheat into China, that we had 30 minutes on the majority doesn’t matter much. If it doesn’t mat- more pork into China, more manufac- side uninterrupted, because Senator ter much, they must be just ecstatic. If tured goods into China and Japan, WELLSTONE is here and I was here. The ignorance is bliss, those who think more beef into Japan. Senator from Wyoming, I know, was trade deficits don’t matter have to be I can spend an hour talking about here as well before the other speakers. just ecstatic. Look at what is hap- these problems. Nobody works much on As a matter of courtesy I will not ob- pening here. This red represents a flood them, because trade policy too often ject. I regret that there has been a mis- of red ink in international trade. has become foreign policy, and the understanding. Our all-stars in international trade State Department has its mitts in all Ms. SNOWE. Mr. President, will the are our farmers. Yet, farm imports into of this. It worries that if we get tough Senator yield for the purpose of a this country are going up and farm ex- with Japan and say, ‘‘You can’t run a unanimous consent? ports are going down. I think today $60 billion trade surplus with us every Mr. ENZI. Yes. there is a ship docking in California year,’’ Japan will be miffed. Well, let Ms. SNOWE. I thank the Senator with a load of barley from the Euro- Japan be miffed. Let’s talk about this from Wyoming. pean Union. It is going to dock in country’s interests. Let’s talk about f Stockton, CA. It has feed barley being our long-term interests. EXTENSION OF MORNING sent into this country with a $1.10-a- Having gotten that off my chest, I BUSINESS bushel subsidy. Shame on us for letting hope the deafening silence on trade that ship dock. That is unfair trade no deficits will no longer continue. I hope Ms. SNOWE. Mr. President, I ask matter how you describe it, and it un- this Congress, in the coming months, unanimous consent to extend morning dercuts our producers, undercuts our will consider the legislation that I, business for 10 minutes following the farmers, takes money right out of Senator BYRD, and Senator STEVENS current order. have introduced which talks about the The PRESIDING OFFICER. Without American producers’ pockets, and it creation of a commission on an emer- objection, it is so ordered. doesn’t seem to matter much to any- Morning business will be extended for one. It just seems the trade deficits are gency basis to make recommendations 10 minutes. The Senator from Wyo- OK, there are not problems, and no- to Congress to deal with this trade def- ming. body seems to want to do much about icit, to focus on it and respond to it. Mr. ENZI. I thank the Chair. it. Mr. President, I have one final item, (The remarks of Mr. ENZI and Mr. That unfair trade on that boat is just and that is the wave of mergers in this KENNEDY pertaining to the introduc- one small example. The flood of grain country. In the last century, there tion of S. 2112 are located in today’s coming in from Canada, unfairly sub- have been five merger waves. We are in RECORD under ‘‘Statements on Intro- sidized grain, in my judgment, being il- the fifth. This is far, far in excess of duced Bills and Joint Resolutions.’’) legally dumped in this country—noth- any mergers in the past. The PRESIDING OFFICER. The Sen- ing is done about that. I want you to take a look at the line ator from North Dakota. How about the closed markets, yes, on this chart, going back to 1983, on Mr. DORGAN. Mr. President, I thank in Japan and China? Take a look at the the number of merger deals, and it goes the Senator from Wyoming for his figures this week and see what is hap- up like this, as you can see. The pro- courtesy. I appreciated his statement pening with China. There is a $12 bil- jected dollar amount on mergers and as well. lion trade deficit in the first 3 months, acquisitions is up to $1.1 trillion for Mr. President, the Senator from Ha- $12 billion the first 3 months with this year. waii has asked that he be given unani- China. That is a $48 billion, nearly $50 What does all this mean? Are merg- mous consent to follow the presen- billion yearly trade deficit with China. ers always bad? No. Can you get into a tation by Senator SNOWE. Mr. President, $15 billion the first 3 merger wave that strangles our mar- The PRESIDING OFFICER. Without months with Japan, that is a $60 billion ketplace? Of course you can, and that objection, it is so ordered. a year trade deficit with Japan. This is what is happening in this country. f doesn’t make any sense. This hurts our I want to go through some of the country. Trade deficits must be repaid. mergers. Some of these companies de- CHALLENGES FOR THIS COUNTRY: It is not free money. And it must be re- cided to get married, and we didn’t THE TRADE DEFICIT AND MERG- paid in the future by a lower standard even know they were dating. All these ERS of living in this country. secret talks were going on, and two Mr. DORGAN. Mr. President, I have That is not a theory. That is real. companies were so fond of each other come to the floor to talk about two These deficits must be repaid, and that they decided to get married. We challenges as we begin a break, now, those who react with glee to this do have Citicorp and Travelers Group at for the Memorial Day recess here in not understand what this means. It more than $70 billion. They were ro- Congress. We are talking about a wide means we are borrowing, and bor- mancing for a couple of weeks and an- range of things: Iran, missile sanctions, rowing heavily, for a trade system that nounced to all of us, a huge bank and a tobacco, appropriations bills, and a is out of balance. huge insurance company want to get wide range of subjects. There are two With all due respect to all those who hitched. subjects on which there is deafening si- negotiate our trade agreements, I will BankAmerica Corp., NationsBank, lence here in Washington, DC, and in say this: Will Rogers once said the that is not surprising. We have banks the Congress, and I want to talk about United States has never lost a war and throughout this list. The big banks are both of them because I think both are never won a conference. getting bigger. Down at the Federal challenges for this country. One is our Why do we send trade negotiators Reserve Board, they have a list. It used worsening trade deficit and the an- overseas to lose in 3 weeks? And they to be a list of 11 banks. It is called nouncement 2 days ago that, once do. I can’t think of a trade agreement ‘‘Too Big to Fail.’’ It means these again, our merchandise trade deficit negotiated recently that represented banks will not fail because we cannot for 1 month reached another record $20 this country’s national economic inter- let them fail; the consequences to our billion in a month; and, second, the est. We have incompetently negotiated country and economy will be too sig- new wave of mergers in this country. I trade agreements and trade agreements nificant. want to talk about both of them just that are rarely enforced, and it is time That list now is not 11, it is now 21 briefly. for this country and this Congress to banks and growing. Twenty-one banks

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5365 are too big to fail. And that is what be active, be aggressive. He recently leader so he will know there is opposi- these mergers are giving us—bigger testified before the U.S. House of Rep- tion. and bigger banks, too big to fail resentatives that he needs some more There very well may be a vote on this —while the little folks out there, the resources in antitrust to deal with individual, but I will oppose his nomi- family farmers and Main Street busi- these issues. I am somebody who says, nation, and I want to stand and tell ness enterprises, are apparently too let’s give him the resources. you why. small to matter. These folks have their I want this marketplace to work. It The statement that was made on the merger risks guaranteed by the tax- works when we have robust, aggressive floor was made by the senior Senator payer, and the rest of the folks find competition. It chokes and clogs when from Minnesota, Mr. WELLSTONE. I will choked markets and higher prices. we have concentration at the top. So I read excerpts of it: Take a look at the banks. You are bring to my colleagues’ attention these Now, one of my colleagues, and I think it paying higher bank fees. Banks are get- charts just to say we have gone from 10 is extremely unfortunate, one of my col- ting bigger and merging all over the mergers over $1 billion in 1983 to 20, 26, leagues has compared Mr. Hormel, a highly country, and customers are paying 34, 35, 47—it goes on up. Now we have qualified public servant and nominee, to Mr. higher bank fees. Take a look at the David Duke, who, among other credentials, 143 different merger propositions over is a former grand wizard of the Ku Klux meatpacking industry. Three or four $1 billion each, something we ought to Klan. companies control the neck of the bot- care about. He goes on to say: tle on meatpacking. It pushes down low There has not been anybody around I want to say to my colleagues, that given prices on the backs of farmers and this Congress for a long, long while to this kind of statement made publicly by a ranchers. care about it. Senator Phil Hart, a United States Senator, this kind of char- Take a look at the airlines. We de- great Senator for whom the Hart acter assassination, it is more important regulated the airlines. Now we have Building was named, spent a lot of his now than ever that this man, Mr. Hormel, be about six major airlines in America career here worrying about the issue of voted on. that have retreated into what are mergers and concentration. I hope, In defense, really, of the senior Sen- largely regional monopolies without once again, we will see some from this ator from Minnesota, I say that if I had regulation. Justice Department and from some in said what he thought I said, he was cer- What about railroads? We’ve seen this Congress who will take a close tainly entitled and justified to make merger after merger after merger. Now look at all of these. That is not to say the statements that were made. But I we have just several major railroads they are all bad, some might make think it is important to know that I left in America. What happens is the sense, but to say there is more than did not make those statements in the people on Main Street, the consumers, one interest involved in these issues. context that he believed I made them. the farmers, and others are told by the There is more than one interest. Let me, first of all, say that there railroads, ‘‘Here is the way we are One interest might be the two com- probably are not two Members of the going to serve you. We are going to panies who want to make more money U.S. Senate who are further apart bring our cars by here. You better have and grab some markets. The other in- philosophically than the senior Sen- what you want put on there in time, or terest must be the interest of the ator from Minnesota and myself. I you lose out. We will tell you what you American people and a free-market would probably, in my own mind, be- pay, and if you don’t like it, tough system that will only remain free if we lieve him to be an extreme left-wing luck.’’ have competition and only remain free radical liberal and he believes me to be That is what a merger is. Concentra- if we don’t have concentration and mo- an extreme right-wing radical conserv- tion of markets means you injure the nopoly that chokes down markets. ative. And I think maybe we are both marketplace. When you have two big I hope, perhaps in the coming right. companies merge and you have one be- months, that I can stimulate some ad- But one thing I respect about Sen- hemoth company, this country has lost ditional discussion about this issue ator WELLSTONE is he is not a hypo- something by diminishing the market- with some of my colleagues on both crite. He is the same thing everywhere. place because you have less competi- sides of the aisle. He honestly, in his heart, believes the tion. Mr. President, I see my time has ex- role of Government to be something Our marketplace works based on pired. I yield the floor. different than I believe it to be. So we competition. When you have less com- Mr. WELLSTONE addressed the have these honest differences of opin- petition and more concentration, it Chair. ion. One of the things I like about this hurts our marketplace. I hope there is The PRESIDING OFFICER. The Sen- body, the U.S. Senate, is that you can, energy in the Congress to help the Jus- ator from Minnesota. in a spirit of love, talk about these tice Department and others who review Mr. WELLSTONE. Mr. President, out things. And that is what we are doing these mergers to find out are they of courtesy, I defer to my colleague right now. more than just good for the companies, from Oklahoma, and I ask unanimous Let me just real quickly say that I are they good for the country. consent that I be able to follow him for like activists. The Senator from Min- This list of the 25 largest corporate 10 minutes. nesota is an activist. I am an activist. mergers completed or pending through The PRESIDING OFFICER. Without In fact, this is the commencement sea- May 11 is a fascinating list. There are objection, it is so ordered. son. I quite often give commencement a lot of banks, as you might well know, f talks. I talk to young people, and I say, and communications companies. This ‘‘Whatever you are, don’t be a mushy next list talks about mergers and ac- NOMINATION OF JAMES CATHERWOOD HORMEL middle. Stand for something.’’ I would quisitions over $1 billion involving U.S. far rather, even though I am a conserv- companies between 1983–1998. In 1983, Mr. INHOFE. Mr. President, first of ative, have one of these young people we had 10 deals over $1 billion. This all, I thank the senior Senator from be a radical right-wing—or left-wing— year, there were 143 separate merger Minnesota for his courtesy. We dis- either one—than just be in the mushy deals over $1 billion each. Of course, cussed this a few minutes ago and de- middle. the largest ones are just behemoth, set- cided it might be better if I go first, be- I quote Henry Ward Beecher now and ting all kinds of records. cause he might want to respond to then. He said, I am not saying all mergers are bad some things I might say. I don’t like these cold, precise, perfect peo- all the time. I know of circumstances Some statements were made on the ple. In order not to say wrong, say nothing; where two companies have merged and floor yesterday concerning my hold in order not to do wrong, do nothing. it was beneficial to everybody. I under- that I have on James Hormel to be the And the Lord had something to say stand that. But we have an orgy of Ambassador to Luxembourg. It is true about this, too. He said, mega-mergers going on in this country that I do have a hold on Mr. Hormel. I know your works. You are neither hot today that I think does threaten the To clarify what a hold is, it is a cour- nor cold. Because you are neither hot nor marketplace. I say to Joel Klein over tesy. It is not a procedural matter. It is cold, you are lukewarm. And because you are in the Justice Department, and others, something that is a courtesy to the lukewarm, I will spew thee out of my mouth.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5366 CONGRESSIONAL RECORD — SENATE May 22, 1998 He is saying the same thing I am say- During the course of the nomination Mr. WELLSTONE. First of all, Mr. ing. And I really believe this. And the process—I will read, first of all, the President, let me say to my colleague young kids, they look at us as exam- San Francisco Chronicle. This is on Oc- from Oklahoma, I appreciate his gra- ples. In fact, when I was in the other tober 9 of 1997. cious personal remarks. I am proud to body and was first elected, I would President Clinton’s nomination of James have his friendship. And the respect is take interns down to the intersection Hormel . . . is the latest sign that he is mak- mutual. The respect is mutual. of New Jersey and Independence, and I ing good on his post-election promise to re- Second of all, let me say to my col- would say as they went across the ward gays and lesbians for their support, na- league that I am pleased to find out street, I said, ‘‘There are three kinds of tional gay leaders said today . . .’’ I think that he did not say it exactly as it Members of Congress. There are ex- it’s the result of very hard work behind the seemed to be reported in Roll Call. And scenes of national gay and lesbian organiza- treme liberals, extreme conservatives, tions that have been pushing and pushing for I think his clarification is terribly im- and then the mushy middle. And the these appointments to be made’’.... portant. I might not agree with his goal of those in the mushy middle is to That was Kerry Lobel, the executive analogy, but I understand exactly what die in Washington, DC. And how do you director of the National Gay and Les- he is saying. And I think he has clari- die in Washington, DC? You take a bian Task Force. fied the record. poll, and you make statements that in- I would also like to quote someone I Third, let me just simply say to my gratiate yourself.’’ think who is familiar to all of us—we colleague, and to other colleagues as The senior Senator from Minnesota hold her in very high esteem—Faith well, that we have here a man, James cannot be accused of that, nor can I. Whittlesey, former U.S. Ambassador to Hormel, who has been nominated to Unfortunately, we do have too many Switzerland. She was talking about serve as U.S. Ambassador to Luxem- appeasers around. this trend of trying to put people with bourg. Mr. Hormel comes to the U.S. Hiram Mann said, ‘‘No man survives their own personal agendas in the var- Senate with enormous qualifications: when freedom fails. The best men rot ious Embassies. She made this state- dean of the students of the University in filthy jails. And those who cry ‘‘ap- ment. She said: of Chicago Law School, on the boards pease’’ are hanged by those they try to The United States is more socially of such diverse groups as the San Fran- please.’’ radicalized than any other country in the cisco Chamber of Commerce, Let me tell you quickly what I did world on this issue (gay rights). Ambassador- Swarthmore College, a generous giver, say so that it will be clarified for the ships may no longer be essential foreign pol- committed to community, a dedicated Record. icy positions, but they are still symbolically public servant. Frankly, the list goes I made the statement, when I was important. Starting with small countries to on and on. running for office—and I have been set a precedent for bigger appointments, On May 23, 1997, a year ago, this very consistent with that—that if I get to what they’re trying to do is use the U.S. dip- Senate unanimously confirmed him to the U.S. Senate, where I have the op- lomatic service to open deeply held religious serve as an alternative representative convictions and social mores in other coun- portunity to participate in the con- on the U.S. delegation to the 51st U.N. firmation process, that I will work to tries. Ambassadorial appointments should not be used for the purposes of social engi- General Assembly. He has done a lot of keep a nominee from being confirmed neering in the countries to which the ambas- marvelous work in human rights as if that individual has his own personal sadors are assigned. well. agenda and has made statements to the One of the many statements that had Mr. President, the fact that there is effect that he believes stronger in his been made previous about James an article in the paper that says that personal agenda and will use that office Hormel that led me to the conclusion the President nominated Mr. Hormel to advance his personal agenda more that he wanted to use this position to and believes that this was important to than he would the American agenda. advance his agenda was the following the gay community does not in any Now, in the case of James Hormel, he statement he made on June 16, 1996. He way, shape, or form suggest that Mr. is a gay activist. He has made state- said: Hormel has a personal agenda. ments in the past, which I will read in The fact that Mr. Hormel talked a moment, that have led me to believe I specifically asked to be Ambassador to Norway because, at the time, they were about a country that seems to have that his agenda, his personal agenda is about to pass legislation that would ac- done a great job of moving away from above the agenda of the United States. knowledge same-sex relationships, and they discrimination against gays and les- And I said the same thing would had indicated their reception, their recep- bians as a very attractive country to apply regardless of who the individual tivity, to gay men and lesbians. him does not mean in any way, shape, is. I made the statement that David I think it is very difficult to put any or form that he would use this position Duke, if he were nominated, I would interpretation on that other than the to promote his own personal agenda. oppose him because he has made state- fact that individual wanted to be am- In fact, Jim Hormel has clearly and ments that his militia extremist agen- bassador to that country because of publicly stated that he would ‘‘not use da is more important than the agenda pending legislation in that country. the Office of the Ambassador to advo- of America. I said in the way of Patri- So, Mr. President, I stand by the cate any personal views.’’ cia Ireland, if she were nominated, I statements I have made. I certainly do Mr. President, I simply have to say would feel the same way if she made not want anyone to say that I am com- to my colleagues there is a personal statements saying that her feminist paring two individuals as individual part to this and a political part. For agenda was more important to her personalities. But I will continue to op- the personal part, here is a letter to than the agenda of America. pose the confirmation of individuals Senator LOTT: And the same thing with one of my who are nominated for various posi- I am writing to you to urge you to bring closest friends, Ralph Reed. I mean, tions, if I believe, in my own heart, James C. Hormel’s nomination as Ambas- Ralph Reed, who was the one who built sador to Luxembourg to a vote on the floor that that individual is not going to of the Senate. The stone-walling of this ap- the Christian Coalition, he is one with represent the best interests of America whom I agree. I agree with what he pointment reflects a flagrant disregard to all and has his own personal agenda in ad- that we hold precious in a democratic soci- stands for. I spent the Easter recess in vance of Americans. ety. If he is voted down then so be it, but not west Africa in the countries of Benin I yield the floor. to allow due process to take place is clearly and Nigeria and Cote d’Ivoire talking Mr. WELLSTONE addressed the an indictment of the branch of our govern- about Jesus Christ. So I agree with Chair. ment that seems at times to be inclined to him. However, if he were nominated, The PRESIDING OFFICER. The Sen- exhibit its own peculiar form of despotism. and he said, ‘‘I want this job so that I ator from Minnesota. The President has nominated him and the can advance my personal agenda over Mr. WELLSTONE. Might I ask the Senate Foreign Relations Committee has that of America,’’ I think it would be Chair to let me know when I have used recommended him. Let the process take place. wrong and I would oppose it. 5 minutes, because I have another mat- I am a sixty three year old retired coun- So let us just see real quickly. I am ter I want to discuss? seling psychologist. I am the mother of six going to read a couple things, and then I thank the Chair. children and the step-mother of three. I have my time will expire, and I think I will The PRESIDING OFFICER. So or- 17 grandchildren. Thirteen of those grand- be on the record as I want to be. dered. children I share with James Hormel. I have

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5367 known Jim for 46 years and for ten of those For my own part, I want to talk for tobacco-related illnesses; no one is pro- years I was married to him. During those ten about this piece of legislation. There posing to abolish SSDI benefits. If passed, years we had five children. are two points I want to make. This is this will create an inequitable, unjust and And she goes on to say, a very important piece of legislation. I unconstitutional situation under the equal protection clause for one class of individ- For many of those years he tried his hard- thank Minnesotans for all of their uals—veterans. est to live what was a lie. Of course, you guidance. There is much about this leg- Prohibiting compensation for tobacco-re- might say I was the ‘‘injured party,’’ but I islation that I believe in, especially the lated illnesses will have adverse effects on grew to understand the terrible prejudice important investment in infrastruc- veterans seeking other benefits—related and hatred that he knew he would have to ture. I think it is a balanced approach. compensation (such as cancer resulting from face, that he has faced and is facing as he chemical exposure), and certainly access to goes through the difficult process that this However, I will not vote for this bill, and I will not vote for this bill for two health care. nomination and its opponents have put him VA’s projected savings for prohibiting to- through. James Hormel is my dear friend. I reasons. First of all, I won’t vote for bacco-related claims are highly exaggerated. care deeply about him and have great admi- this bill because—we still don’t know Experience to date shows that it is very dif- ration for his courage in being open about what the offsets are, but it looks like ficult for veterans to prove these claims; ap- his homosexuality and his willingness to put much of it comes from VA. I say that proximately 7,400 claims have been filed, of himself on the line in accepting this nomina- because I believe it is an outrage that some 3,100 that have been adjudicated thus tion. the money that could have gone into far, fewer than 300 have been granted. James Hormel’s former wife. veterans health care—and I could go on Any effort to take the money away from Mr. President, let me simply say to for hours about what the gaps are in veterans tobacco-related compensation, in order to pay for pork-barrel transportation my colleagues that this is really an veterans health care—will, instead, be outrage. I understand what my col- projects is an absolute outrage. This is elec- used as an offset in this legislation. I tion-year politics at its worst. league from Oklahoma had to say, but also believe that too much of this Congress must not support this outrageous I will have an amendment when we spending will take the place of other proposal; Don’t Rob American’s Veterans! come back that I will put on the first discretionary, affecting the most vul- bill I can after the tobacco bill, which nerable citizens in this country. CONGRESS: DON’T ROB AMERICA’S VETERANS will say that the Senate ought to bring The second reason that I cannot vote AGAIN! this up. The majority leader, we owe it for this piece of legislation, as much as Congress wants to take billions of dollars to him. I believe in much of it, is the process. from veterans’ disability compensation in a money grab to increase overblown spending Now, my colleague from Oklahoma I think at the very end of this process has been clear on his position. I accept for transportation and highways. there were several decisions made, one As a result, thousands of sick and disabled that. But I say to my colleagues that having to do with a sensitive environ- veterans will be denied earned disability this man is eminently qualified. That mental land dispute issue in Min- compensation. is crystal clear, I think, to many of us, nesota, the Boundary Waters, and I re- Congress wants to exploit a veteran’s use the majority of us. This man should be spectfully disagree with the way this is of tobacco as a convenient excuse to stop able to serve. And if, in fact, the reason being done. paying benefits where tobacco use may have he is being stopped—and this is what I had any role in a disability—even though the I will not do any bashing on the floor Department of Defense encouraged, sub- fear; and I am not speaking to my col- of the Senate. I don’t want to do that. league from Oklahoma—but if he is sidized and promoted tobacco use among But I will not support this piece of leg- servicemen and women. being stopped because of discrimina- islation, I want to go on record. Yet, Congress is not penalizing other tion, because of the fact that he is gay, Mr. President, I ask unanimous con- Americans for their use of tobacco. Social then let that come out on the Senate sent to have a letter printed from the Security, for instance, will still pay for to- floor. Let us have the debate. And let’s Paralyzed Veterans of America. They bacco-related disabilities. have colleagues come out here, no say, ‘‘Don’t Rob America’s Veterans Congress has already slashed billions from veterans’ health and benefits programs, only more holds, and speak directly to this Again.’’ nomination. to spend the money elsewhere. There being no objection, the mate- To those in Congress who support this out- If you oppose him, then oppose him rial was ordered to be printed in the rageous proposal, here’s our advice: Quit on the floor of the Senate. My col- RECORD, as follows: your own bad habit of continually robbing league from Oklahoma has been clear VETERANS AND TOBACCO-RELATED ILLNESSES veterans’ programs. about his position, but let’s have that Don’t Rob America’s Veterans! VA compensation benefits should not be debate. We owe James Hormel this. We A message from: AMVETS; Blinded Vet- taken away for tobacco-related illnesses. erans Association; Disabled American Vet- owe the U.S. Senate this. Nicotine addiction is a medically recognized This institution is on trial. If we erans; Jewish War Veterans of the U.S.A., disability. DOD was culpable in veterans be- Inc.; Military Order of the Purple Heart of don’t bring this forward, I say to the coming addicted to cigarettes, and therefore the U.S.A., Inc.; Non Commissioned Officers majority leader, then I think we have these are bona fide service-connected disabil- Association of the USA; Paralyzed Veterans to look at ourselves in the mirror. We ities. Smoking was not ‘‘willful mis- of America; Veterans of Foreign Wars of the need to bring this nomination forward. conduct.’’ United States; and Vietnam Veterans of We need to have this debate. And we Taking away tobacco-related VA com- America, Inc. pensation benefits because it is inconvenient need to vote up or down. I believe ele- for VA to process them, because they are Mr. WELLSTONE. Mr. President, I mentary decency dictates that we do costly, or because it is politically incorrect think they are right. There are too that. I will start having amendments or unpopular, is a very dangerous precedent many veterans out on the streets that on bills that will call on the majority to set. What will be next, excluding benefits shouldn’t be. There are too many vet- leader to bring this nomination to the for bad diet or an unpopular war? There is no erans that are struggling with PTSD floor. sound legal or moral basis to take this ben- that are not treated. There are too efit away from veterans. many veterans that, as they get older, f While some argue that veterans made the ISTEA choice to smoke, no veteran chose to become are not clear what care there will be. addicted to nicotine and tobacco products. We have a flat-line budget that is not Mr. WELLSTONE. Mr. President, we The tobacco companies, with the unwitting going to work for veterans. I think it is will vote on ISTEA today. I know a assistance of a military which encouraged a big mistake to have taken this number of colleagues want a voice and subsidized smoking, made the choice for money out of what should have been an vote. I can feel the pressure building. veterans by getting them addicted to ciga- investment in veterans health care. We are about to leave. I say to col- rettes. I yield the floor. This is not a new benefit that will be elimi- leagues, we are not going to voice vote f the bill. We can’t have a voice vote. nated for the future. This is current law— This is an important piece of legisla- benefits are already being granted—and what FOOD STAMPS AND ISTEA Congress is considering is taking away a vet- tion, and a whole lot has happened in erans benefit. Mr. HARKIN. Mr. President, I was conference committee. Frankly, all of Veterans are being singled out for unfair listening to the debate on the House us should be on record voting nay or treatment. Other federal beneficiaries will floor. They are debating the agricul- yea, yea or nay. continue to receive disability compensation tural bill which has the food stamp

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5368 CONGRESSIONAL RECORD — SENATE May 22, 1998 provision and the crop insurance in it. scope and purview of the committee, the risks of smoking. They even dem- There is an amendment pending over and which has now resulted in some of onstrated the manner in which they there that would strip out the food the problems that have contributed to studied the smoking habits of teen- stamps. the delay of this legislation and its agers, to the extent that they would The reason I want to take this time passage. exploit the teen market so they would on the floor is because I heard some But be that as it may, I hope in the have the lifelong support of a group of comments made on the House floor final analysis we don’t overlook the Americans. They even considered ways that they could pass that by the con- reason why this legislation is on the to make cigarettes taste better for ference report, strip out the food floor of the U.S. Senate, what brought teens. So this was a very deliberate, stamps, send it over to the Senate, and us to this point, why this legislation calculated effort to hook kids on to- we would pass it today and they could was crafted, and what we hope to ac- bacco. The thousands and thousands of send it down to the President. complish from the passage, ultimately, documents outline this effort. I want Members to know right now of this legislation. That is the crux of this issue. This is we had a vote here, 92–8, on that bill to First and foremost, we have to re- not to say that Americans didn’t know keep the food stamps for immigrants, member this legislation was the result that smoking cigarettes was harmful; to keep the crop insurance and the ag- of a settlement reached by the tobacco of course, they did. The question is, riculture research altogether. In fact, industry and 40 states attorneys gen- ‘‘Did the industry deliberately contrive there was a 77–23 vote on a Gramm of eral across the country more than 11 the nicotine levels to make it addictive Texas motion to recommit—77–23. months ago. And the bottom line is and then to attract young people so Let me make another statement, Mr. that the proposed settlement would not they would smoke throughout their President. If that action takes place in have been reached if it weren’t for one lifetime?’’ the House, I can see no way that simple truth: tobacco products have For the answer, listen to some of the ISTEA could ever be passed here this been killing and continue to kill 420,000 industry’s own documents. ‘‘The basis afternoon before we go home on break. Americans each and every year—and of our business is the high school stu- The PRESIDING OFFICER. The Sen- every day, 3,000 children become ad- dents,’’ said one memo. Another one ator from Maine. dicted to tobacco and one-third will said, ‘‘It is a well-known fact that Ms. SNOWE. Thank you, Mr. Presi- eventually die as a result of tobacco- teenagers like sweet products. Honey dent. related disease. might be considered.’’ Another one f If it weren’t for this simple truth, the said, ‘‘If our company is to survive and tobacco industry would not have been prosper in the long run, we must get UNIVERSAL TOBACCO subjected to years and years of law- our share of the youth market.’’ An- SETTLEMENT ACT suits and litigation, and this com- other memo said, ‘‘. . . to ensure in- Ms. SNOWE. Mr. President, I want to prehensive settlement would not have creased and longer-term growth . . . address the Senate this morning with been reached. And the fact is, if not for the brand must increase its share pene- respect to the national tobacco policy this simple truth, the industry would tration among the 14–24 age group . . . legislation that has been on the floor not have settled with States such as which represents tomorrow’s cigarette this week. I hope in the final analysis Minnesota recently to the tune of $6 business.’’ Another one said, ‘‘Today’s we will be able to come to a common billion, and three other States across teenager is tomorrow’s potential reg- agreement and find common ground on this country. And that is why they ular customer.’’ this critical issue and legislation. were interested in reaching this agree- So these are glaring demonstrations Clearly, the significance of this issue ment, because they knew what the of unscrupulous and unethical conduct and the promise of related legislation truth was. And the most insidious as- on the part of companies. cannot be overstated with respect to pect of this whole tobacco debate is the And that is what brings us to the the fact that it certainly could improve fact that this dangerous and addictive floor of the Senate. The industry dis- the health of our Nation’s children. product was marketed to children. covered and knew the truth, and they As a Member of the Senate Com- In listening to the debate this past could not escape their past practices. merce Committee, I had the oppor- week and hearing the many arguments And that is why they entered into a tunity to work on the original legisla- that have been put forward from diver- settlement with 40 attorneys general. tion that was reported out of the com- gent points of view, I believe that we While last June’s proposed settle- mittee by a 19–1 vote. The committee cannot afford to forget, nor can we ment may have been the catalyst for voted overwhelmingly for the bill be- overlook the fact, that this product comprehensive tobacco legislation, it cause we thought it was important and was deliberately, in a calculated fash- did not mean that Congress could not necessary to move the debate forward ion, targeted to young people and change that settlement. We were not a on this critical issue. There is no ques- teens—even to children as young as 11- party to those negotiations, but we tion that the bill which is now on the year-olds. This product was marketed have a right to make changes, and it floor of the Senate is very different to individuals who were not old enough had to come to Congress. from the legislation that was consid- to vote, not old enough to drink, not And what has been the result of these ered in the Commerce Committee, old enough to enlist in the military, industry documents and their intent to where we began the process of defining not old enough to make any of the life- market an addictive product to young and refining the issue, and knew full altering decisions that should be made people in America? This has been the well that amendments would be offered by adults, and not old enough, iron- result: More than 5 million children on the floor to improve it and to reflect ically, to even purchase this product under the age of 18, alive today, will the interests and the desires of the legally. By the way, these facts aren’t eventually die from smoking-related Members of this body. just based on hypothetical views or as- diseases unless current rates are re- Unfortunately, what ultimately oc- sumptions or conjecture; these are versed. Approximately 4.1 million kids curred is that we had a total rewrite of based on more than 40,000 documents age 12 to 17 are current smokers. Al- the bill through the White House. that have been unveiled during the most 90 percent of adult smokers began It is not unusual to have the White course of recent litigation and in at or before age 18. Among high school House involved and be an integral part crafting the proposed settlement. seniors who have ever used smokeless of the discussion in terms of shaping When you look at the documents, it tobacco, almost three-fourths began by legislation. But, ultimately, the bill provides a disturbing glimpse into the the ninth grade. And 3,000 of our chil- was significantly rewritten in most mindset and tactics of the tobacco in- dren will become addicted to this dead- pieces. I can’t say it wasn’t improved dustry. From this paper trail, we have ly product every day. in some places, but other areas raise learned of repeated efforts by the in- That is what this is all about. That is significant questions. It is one thing to dustry to manipulate scientific re- the debate. That is the heart of this amend a bill and change it on the floor; search, racially stereotype minorities issue, Mr. President. it is quite another to have this issue al- in marketing plans, contrive the nico- In my State of Maine, we have one of tered in a way that is outside of the tine levels in cigarettes, and play down the highest rates of teen smoking in

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5369 America and we have the highest rate CONCLUSION OF MORNING tion to the package. Our legislation ad- of smoking for individuals between the BUSINESS dresses a clear and present danger. Iran ages of 18 and 30. In fact, a full 38 per- The PRESIDING OFFICER. Morning is a terrorist state under U.S. law. Last cent of high school students in Maine business is closed. year, a German court found Iranian in- currently smoke cigarettes, and 16 per- Mr. KYL. Mr. President, I suggest the telligence directly responsible for mur- cent of high school boys use smokeless absence of a quorum. der committed on German soil. Earlier tobacco. That is what has happened. The PRESIDING OFFICER. The this very week, the Government of Ar- Smoking is habit-forming and 35 per- clerk will call the roll. gentina found Iran responsible for a cent of males between the ages of 18 to The bill clerk proceeded to call the terrorist bombing of a Jewish syna- 34 reported smoking cigarettes in 1996. roll. gogue. The same Iranian Government That is the result of what we are talk- Mr. LOTT. Mr. President, I ask unan- responsible for terrorist murder around ing about. That is why we are here in imous consent that the order for the the world is engaged in efforts to ac- the U.S. Senate debating this com- quorum call be rescinded. quire nuclear weapons and the means prehensive framework. The PRESIDING OFFICER. Without to deliver them. They already have If this habit was harmless, we would objection, it is so ordered. chemical weapons. They are working not be here today. But tobacco is not f on biological weapons. This is a very harmless, and we know it. Further- serious matter. more, this harm has been spread by an IRAN MISSILE PROLIFERATION Much of the knowledge that Senators industry that has marketed to young SANCTIONS ACT OF 1997 and administration officials have on people, which has resulted in a sense- Mr. LOTT. Mr. President, pursuant this issue cannot be talked about here less loss of life. Now, we have the re- to the consent agreement of April 3, I in the Senate because of their very sen- sponsibility to take action. now call up H.R. 2709, the Iran sanc- sitive intelligence issues. But every For those who oppose doing any- tions legislation. time I receive a briefing, I become thing, regardless of what the content of The PRESIDING OFFICER. The more alarmed about what Iran has and this legislation is, I say to them: What clerk will report. what additional capability they are is the alternative? What else will we do The bill clerk read as follows: trying to acquire. here in the U.S. Senate? The bottom A bill (H.R. 2709) to impose certain sanc- Their missile program has been ad- line is that this is our only chance. We tions on foreign persons who transfer items vanced tremendously by the assistance only have one opportunity and it is be- contributing to Iran’s efforts to acquire, de- from a wide range of Russian entities. fore the U.S. Senate. It is a historic op- velop or produce ballistic missiles, and to The details, as I said, are classified, but portunity to bring to an end these past implement the obligations of the United it is comprehensive and it is ongoing. I practices and, more importantly, to States under the Chemical Weapons Conven- urge every Senator to review the intel- tion. help young people in America so they ligence information. A summary is don’t become addicted to this deadly The Senate proceeded to consider the available right now in S–407 for Mem- tobacco product for the rest of their bill. bers’ review. The intelligence commu- lives. That is what this debate is all The PRESIDING OFFICER. There is nity will brief any Senator on the ex- about. I hope the essence of this issue 90 minutes equally divided under the tent and impact of Russian coopera- doesn’t get lost as we look at it from a previous order. tion. I have had that briefing and con- variety of dimensions, because there is Mr. LOTT. Mr. President, I just want tinue to review intelligence informa- no possibility of ever dealing with this to clarify the procedural situation. As tion. Let me assure the Senate, Rus- kind of framework ever again. This is the Chair just said, it is 90 minutes on sian cooperation is deeply disturbing. our chance once and forever. the underlying measure, and then 90 It is widespread. It has made the day So I hope that once we get to the minutes on the Levin amendment, if Iran is able to target American forces point of having gone through all of the need be to use that time. It is the in- and American allies closer by years. If amendments, the debate and discus- tent that we go forward to completion I went into the details of the capability sion, it doesn’t defeat the ultimate pas- of this act and that we have a recorded they have acquired and how soon they sage of comprehensive tobacco legisla- vote at the end of that time. could have the ability to use that, ev- tion. Those objections cannot override I am really pleased the Senate is fi- erybody in the Senate and the United this one important national interest, nally completing action on this very States would be alarmed. which is to change the tobacco culture important piece of legislation. Senator The basic facts are not in dispute. in America, and to hopefully stop LIEBERMAN and I introduced the Iran Iran wants ballistic missile production young people from smoking, or help Missile Proliferation Sanctions Act on capability. Russian assistance has ma- them never to start in the first place. October 23, 1997. It has 84 cosponsors in terially advanced Iranian efforts. Thank you, Mr. President. I yield the the U.S. Senate. This is not really a American diplomatic efforts to halt as- floor. complicated piece of legislation. It is sistance have not succeeded. That as- Mr. KYL addressed the Chair. designed to address one of the most sistance continues today. That is why The PRESIDING OFFICER. The Sen- pressing security issues we face in the we have H.R. 2709 before us today in ator from Arizona. world, Iran’s determined drive to ac- the Senate. f quire ballistic missile production capa- We have not rushed to judgment on bility. this issue. Last November, we did not PRIVILEGE OF THE FLOOR This legislation requires specific tar- act after the House sent us the legisla- Mr. KYL. Mr. President, I ask unani- geted sanctions against any foreign en- tion, and I received specific calls from mous consent that during the pendency tities providing direct support to Iran’s the President’s National Security Ad- of H.R. 2709, and actually beginning missile development efforts. The House viser asking that we not act. In the now, David Stephens and John Rood of passed companion legislation on No- last week we were in session, this legis- my staff be permitted to be on the vember 12, 1997, without a single dis- lation could have been passed, probably floor. senting vote. House action modified on a voice vote, immediately. But, in The PRESIDING OFFICER. Without certain provisions of the legislation to response to the administration’s efforts objection, it is so ordered. meet concerns of the administration, and assurances that they were going to The PRESIDING OFFICER (Mr. GOR- most notably—and I have made this get some cooperation, we said all right, TON). The Senator from Hawaii is rec- point to the President in my discus- we will see if we get some results by ognized. sions with him about this legislation— waiting. Mr. AKAKA. I thank the Chair. that he is granted a waiver, and that In January, the administration asked (The remarks of Mr. AKAKA per- was requested by the administration, for a 3-week delay to compare assess- taining to the submission of S. Res. 235 and that was included in the bill when ments with Israel, our ally most di- are located in today’s RECORD under the House passed it. rectly threatened by Iranian weapons ‘‘Submission of Concurrent and Senate The House also passed legislation of mass destruction. In February, the Resolutions.’’) adding the Chemical Weapons Conven- administration asked for delay until

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5370 CONGRESSIONAL RECORD — SENATE May 22, 1998 Vice President GORE’S March meeting could be helpful. I think the fact we The PRESIDING OFFICER. Without with then Russian Prime Minister have had this legislation pending has objection, it is so ordered. Chernomyrdin. In March, the adminis- been helpful. It has given the adminis- Mr. KYL. I yield the Senator from tration asked us to wait until April. In tration leverage. Unfortunately, the le- Kansas 10 minutes. every instance, I consulted with Sen- verage has not produced results. The PRESIDING OFFICER. The Sen- ators on both sides of the aisle, talked I fear that the Russian Government ator from Kansas. to Senator LIEBERMAN, checked the in- does not have sufficient capability to Mr. BROWNBACK. Mr. President, telligence information, listened to the stop this exchange from occurring. thank you very much. I appreciate the requests from the President’s National They do not have the export control Senator from Arizona recognizing me Security Adviser and the Vice Presi- laws that we do. They do not have the to speak on this very important act. dent, and continued to make an effort ability to go to a company in Russia as The Iran Missile Proliferation Sanc- to give them time to see if we could get easily as we do and say, ‘‘Do not be en- tions Act is more important now than some results, get some action. It did gaged in this very dangerous process.’’ ever. I chair the subcommittee in the not happen. It did not happen again Or if they do, they haven’t been able to Foreign Relations Committee which and again and again. carry it out so far. deals with Iran. We have had a number In April, though, we said there had to There are those who are going to say, of hearings on this particular issue. We be an end to this or the Senate’s credi- ‘‘Well, there have been some changes. just had a hearing last week on what bility would be in doubt, if we contin- We have a new government there. all Iran is doing around the world. ued to just hold this out there and not Chernomyrdin has been replaced by a It might be of interest for many peo- act. And, also, if we do not act soon new young Prime Minister. He is talk- ple in this body to know that, accord- and this continues—the capabilities ing good.’’ ing to the State Department’s last re- that they are acquiring are extremely They have made some recommenda- port, Iran is operating in some 21 coun- dangerous, to say the least. tions, but some of the things we have tries around the world with either ter- So we entered into the unanimous been told have happened we do not roristic actions taking place or build- consent agreement in April, the middle have the evidence of yet. Again, we are ing the base for further expansion of of April, to consider this legislation being told that within the last 10 days their activities and interests and ter- today. We said we would do it by or on greater assurances have been given by roristic actions to happen. May 22. For 6 entire months, we have Russian officials. This has been going I am sure a number of people have al- tried to give more time for this matter on for months, really years, and now ready noted as well the recent finding to be addressed, for there to be some all of a sudden they say, ‘‘Well, wait, by the Argentine Government of Ira- indication that Russia was in fact able there is a new leader on the block; he nian-backed terrorists involved with to deal with these companies and these is going to make a difference.’’ the horrendous bombings that took If we go forward today and accept the individuals who were involved in this place in that country earlier this dec- amendment of Senator LEVIN from intelligence, scientific, and ballistic ade. The recent nuclear test by the In- Michigan and pass this legislation, it missile capability exchange. It did not dians drives this point home even still has to go back to the House. It stop. Again, I cannot go into details, more. It is more urgent now than it will probably be 10 days or so before but there were specific instances of was even 10 days ago to alert the world, the House can act. There will be a lit- and Iran in particular, that the United things we were concerned about. The tle more time to see if, in fact, these States will not tolerate an Iranian nu- overwhelming majority of them did not new leaders in Russia can begin to clear program, period. stop, did not change. make a difference. The President, I re- We have had at least five delays that The administration has already iterate, has waiver authority, and he have been requested by the administra- shown lack of resolve in its recent deci- may decide that this is such a sensitive tion and granted by the Senate. Presi- sions to waive the sanctions on Total national security issue at this par- dent Clinton has had ample time to and Gazprom under the Iran-Libya ticular time that he needs to veto it. allow his diplomatic approach to work. Sanctions Act. This, in my estimation, He can do that. But I think that the I would point out, however, the admin- was a grave mistake, as the world has Senate should not delay any longer. now received the message that it is istration has refused to make sanctions There is beginning to be a pattern once again free to fill the Iranian cof- decisions which are required by law, around the world of some of our fers and help it pay for the develop- and there clearly have been some in- friends, supposedly, and allies, or coun- ment of its nuclear capability, as well stances where those sanctions could tries that we are trying to work with, as fund its terrorism activities over- have and probably should have been contributing to very dangerous weap- seas. implemented. A number of Russian ac- ons proliferation and nuclear activity. In the most recent State Department tions supporting Iran’s missile program Think about it. Do we want Iran to report that was out less than a month require U.S. sanctions under the Mis- have this ballistic missile capability? ago, Iran is the leading nation around sile Technology Control Act. In fact, if Not only chemical and biological weap- the world sponsoring terrorism as a the administration had acted last year, ons, but they would like to have nu- state. In the State Department’s most as called for under that law, this legis- clear weapons and the ability to deliver recent report, Iran is the leader in this lation probably would not be nec- them in the region or in the world. I essary. most ignoble category. don’t think so. We need to make the world under- The administration often asks for bi- It is time the Senate delivered a stand that Iranian development of an partisanship regarding foreign policy, clear message on this—a clear bipar- indigenous missile capability, com- and I think that is as it should be. I tisan message. I really think it will be bined with nuclear capability, is dan- have tried more than once to be coop- helpful in getting this process, that gerous to everyone. While Iran has erative and to make sure that we pro- Russia and others have been partici- been quite open in its calls to annihi- ceeded in a bipartisan way. We have pating in, stopped now before it is too late Israel, a nuclear-capable Iran will done that. I have done it sometimes late. while coming under heavy criticism I yield the floor, Mr. President. threaten countries far beyond its bor- from the media or members of my own The PRESIDING OFFICER. Who ders. The very countries which are now party. But I thought, and I think, it is yields time? planning to refill Iran’s coffers are the the right thing to do. I try to accom- Mr. LOTT. Mr. President, I suggest countries which will be at risk in the modate whenever and however I can. the absence of a quorum. future. This legislation, though, should not be The PRESIDING OFFICER. The The Iran Missile Proliferation Sanc- delayed further. It could not be more clerk will call the roll. tions Act is not a country-wide sanc- bipartisan. I reiterate, 84 Senators on The assistant legislative clerk pro- tion. What we are proposing here is in- both sides of the aisle are cosponsors of ceeded to call the roll. tended to sanction specific entities this legislation. Mr. KYL. Mr. President, I ask unani- known to be providing Iran with mis- I hope the administration will recon- mous consent that the order for the sile technology. This bill is an effort to sider its opposition. I think it actually quorum call be rescinded. stem this dangerous flow to Iran and is

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5371 designed to impose certain sanctions age the administration to sign it and Marybeth Kelliher, Senior Manager for on foreign persons who transfer items to help us stop the flow of this tech- International Trade, at 703/741–5923. contributing to Iran’s efforts to ac- nology to the leading terrorist regime Sincerely, quire, develop, or produce ballistic mis- around the world that seeks to get FREDERICK L. WEBBER, President and CEO. siles. these weapons that can strike at U.S. There is good intelligence about interests. This bill is clearly in the AMERICAN FOREST & which Russian entities are involved. United States’ best interests. PAPER ASSOCIATION, Some of them are involved in joint Thank you, Mr. President. Washington, DC, May 21, 1997. space cooperation with the United I thank the Senator from Arizona for Hon. ORRIN G. HATCH, States. These companies should know yielding time to me. U.S. Senate, that there will be costs if they engage The PRESIDING OFFICER. Who Washington, DC. DEAR SENATOR HATCH: I am writing with in behavior which so obviously threat- yields time? ens our security interests, the security regard to the upcoming mark-up of S. 610, Mr. KYL addressed the Chair. the Chemical Weapons Convention Imple- interests of the region, and the secu- The PRESIDING OFFICER. The Sen- mentation Act of 1997. Upon review of bill, rity interests of the entire world, from ator from Arizona. the American Forest & Paper Association the leading sponsor of terrorism Mr. KYL. Mr. President, if others do (AF&PA) would like to offer its support, in around the world, which is the Iranian not wish to speak at this time, I will. general, of many of the bill’s provisions. regime. While we believe it is unfortunate that the The administration claims it is mak- And at any time that a Member of the scope of the Chemical Weapons Convention ing progress with the Russian Govern- minority would like to make a presen- (‘‘CWC’’ or ‘‘treaty’’) is overly broad, S. 610 ment on this matter, that we need to tation, that will certainly be all right. contains a number of provisions that the for- give them time to implement the rel- I ask unanimous consent to have est products industry believes are crucial to ensuring that implementation of the CWC is atively new decree tightening the ex- printed in the RECORD two letters that pertain to the chemical weapons treaty reasonable and meets the stated purposes of port of dual-use technology. the treaty. We keep hearing about the progress implementation portion of this legislation, a letter from the Chemical Manu- Among some of the provisions of impor- we are making with the Russians, but tance to the forest products industry are the we do not see it. I might note as well, facturers Association and a letter from following. there were recent bills passed in the the American Forest & Paper Associa- Section 403. We strongly support the prohi- House of Representatives going at the tion. bition of requirements under the treaty for administration in this country about There being no objection, the letters chemical byproducts that are coincidently the sharing of dual-use technology were ordered to be printed in the manufactured. Due to the broad nature of RECORD, as follows: the category of ‘‘discrete organic chemi- with China and saying that this was cals,’’ as defined by the treaty, it is critical wrong what the administration has CHEMICAL MANUFACTURERS to recognize that inclusion of coincidental been supporting. ASSOCIATION, byproducts of manufacturing processes that How can we believe them that they Arlington, VA, May 7, 1998. are not captured or isolated for use or sale are going to be able to stop the Rus- Hon. JESSE HELMS,, would exceed the stated purposes of the Chairman, Senate Committee on Foreign Rela- CWC. sians when they are providing some of tions, Dirksen Senate Office Building, Section 3(11), (12) and (13). We strongly sup- this in a questionable dual-use area to Washington, DC. port the listing of covered ‘‘chemical agents’’ the Chinese? DEAR MR. CHAIRMAN: As you know, the Mr. President, we do not undervalue in the bill. It is our understanding that addi- Senate is scheduled to take up H.R. 2709 tions or deletions from the list would only be what the Russian Government is trying later this month. This legislation contains permitted by legislative amendment, and not to do. We are all encouraged by the provisions necessary to assure full imple- through the administrative regulatory proc- progress that is being made. But the mentation of the Chemical Weapons Conven- ess. We believe maintaining congressional fact remains that the transfers con- tion (CWC) in the United States. The Chem- authority for any list modifications is nec- tinue. ical Manufacturers Association (CMA) is essary to ensure that any such modifications Just 2 weeks ago—2 weeks ago—the committed to timely implementation of the adhere strictly to the intent and purposes of CWC, and urges you and your colleagues to the treaty, as ratified. Government of Azerbaijan intercepted pass the CWC implementing provisions as Section 303(b)(2)(B). We also support the a transfer of materials going from Rus- quickly as possible. sia to Iran which would have signifi- provision prohibiting employees of the U.S. CMA and its member companies strongly Environmental Protection Agency and the cantly enhanced Iran’s ability to support the Convention. We have a long his- U.S. Occupational Safety and Health Admin- produce missiles indigenously. tory of involvement in the CWC, from the istration from participating on inspections If the Russians are working so dili- early stages of negotiation, to Senate debate conducted under the treaty. The treaty gently on this program, this bill poses on ratification to international implementa- should not be used as an omnibus vehicle for no threats and in fact really would help tion. Throughout the CWC’s history, we have regulatory inspections unrelated to its in- them in these efforts. The bill would held the view that it should be implemented tended purpose. We believe that it would be as quickly and efficiently as possible. inappropriate to include such government of- not sanction the Russian Government. The CWC imposes on the U.S. government That is a very important point to ficials on an international inspection team an obligation to make a full declaration of formed for the purposes set out in the CWC, make. It does not sanction the Russian affected government and commercial facili- and would merely serve to detract from the Government. ties. Absent the implementing legislation, intent of the inspection. In fact, if the Russian Government is however, there is no statutory basis to com- I would be happy to discuss these points serious about stemming the flow of pel commercial facilities to declare their with you further, and appreciate the oppor- this technology, this bill only helps CWC-related activities. CMA believes that tunity to provide this information on behalf them. After all, it is going after compa- the CWC-related provisions of H.R. 2709 is of AF&PA’s members. nies which are now breaking Russian the only route available for the orderly im- Sincerely, plementation of the Convention. laws. JOSEPHINE S. COOPER, The CWC-related provisions of H.R. 2709 Vice President, Regulatory Affairs. Mr. President, there is no reason why are identical to S. 610, which passed the Sen- the U.S. taxpayer should be providing ate on May 23, 1997. Thus, both Houses of Mr. KYL. Mr. President, as I just any taxpayer dollars to companies that Congress have already approved these provi- noted, there are actually two parts of are colluding with Iran to make that sions. CMA supported S. 610 as a reasonable this legislation. One of them has to do country an even greater danger to the approach to meet U.S. obligations under the with the implementation of the chem- United States, the leading country CWC and protect industry’s interests. We ical weapons treaty which was ratified sponsoring terrorism around the world continue to support the CWC implementing in the Senate last year. that is seeking to get this technology. provisions contained in H.R. 2709. The legislation passed about a year We cannot allow this river of tech- If CMA can provide any additional infor- ago. It was finally dealt with by the mation on its position regarding implemen- nology and assistance without doing tation of the Chemical Weapons Convention, House, and comes back to us. I do not everything possible to stop it. This bill please have your staff contact Claude know of any objection to it. And I will works towards that goal. I encourage Boudrias, CMA’s Associate Director of Fed- not take the time to summarize it ex- my colleagues to vote for it. I encour- eral Legislative Affairs, at 703/741–5915, or cept to say that in general terms it

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5372 CONGRESSIONAL RECORD — SENATE May 22, 1998 makes it a crime for Americans to In addition to that, construction of a tor, including advice on how to mine produce or use or manufacture these wind tunnel for missile design and and process uranium. chemical weapons. manufacture of missile models, and Finally, Mr. President, just this It provides protections for American even the sale of missile design software month, The Washington Times dis- citizens and businesses in terms of has occurred. closed that U.S. intelligence reports in- search and seizure and takings, so that Moreover, missile guidance and pro- dicate that Iranian nuclear officials with respect to the inspection regime pulsion components, as well as the nec- were negotiating to purchase tritium that is established under the treaty, essary advice and equipment to from Russia and were slated to view a there is protection of American citi- produce these components in Iran has demonstration of gas centrifuge tech- zens’ constitutional rights, and if any- been provided. In that sense, Mr. Presi- nology used to enrich uranium for nu- one has a question about that legisla- dent, let me note that it is not Rus- clear weapons during a visit to Moscow tion, I am prepared to try to answer sians who are actually building these later this month. that today. missiles for the Iranians, it is Russians At a meeting just last week, we spe- But by far and away the issue that is who are providing much of the mate- cifically asked the Russian Ambas- before us today of most interest to rial and the assistance and the tech- sador if he would try to see to it that Members is, of course, the Russian mis- nology for the Iranians to do it them- that demonstration project was not sile assistance to Iran. The majority selves. So they will have an indigenous held because its only purpose is to as- leader spoke eloquently on the pa- capability. sist the uranium nuclear program. He tience that the Senate has exercised in In addition, more than one special indicated personally a desire not to see withholding action on this important metal alloy which Iran can shape into that meeting go forward, but we will legislation until this time. missile casings and even alloy foil in see whether it does. But there does come a time when, as thin sheets used to shield guidance Tritium, which I mentioned, is, of the majority leader said, the Senate equipment had been provided, in one course, important for the boosting of does have to finally act here. We be- case, according to open-source mate- nuclear weapons and would be an im- lieve that by passing this legislation, it rial, was stopped in another country portant way for the Iranians to make a will actually have a positive impact on after it left Russia. nuclear technology more robust than it the leadership of Russia which has had Training of Iranian technicians at might be otherwise. These are serious a very difficult time ensuring that the Russian institutes and the recruitment matters. The Russian Government, whether assistance provided to Iran is stopped. of top Russian missile specialists to complicity or simply negligence, has Now, one might say, ‘‘Well, that work with Iran has all occurred within not been able to stop the transfer of doesn’t make a lot of sense if it is the the most recent months or years. policy of the Russian Government that As I said, the Iranians are using this these materials and this technology. The United States cannot simply sit by this assistance not be transferred to technology to produce two missiles: and hope for diplomatic actions to Iran.’’ But the fact of the matter is, it One we call the Shahab-3, the other the work. In the Senate and the House, we is difficult for the Russian Govern- Shahab-4. The Shahab-3 has a 1,300-kil- recently passed money for a supplement, as the majority leader said, to ometer range roughly, depending upon mental appropriations bill which will ensure that there is no transfer of tech- what kind of warhead is included on it, be applied to both Israeli theater mis- nology or material to the Iranian mis- and is capable of targeting Israel, as sile defense systems and the U.S. the- sile program. well as other targets in the Middle ater missile defense systems so we may When confronted with evidence that East. According to open-source mate- at an earlier day be able to meet the this has occurred, in some cases the rial, development of this missile could threat that the Iranian missiles might Russian Government appears to have be completed in 12 to 18 months. pose. tried to take action against it; in other I mentioned the Shahab-4, which is There may be a window of vulner- cases, as the majority leader said, that capable of reaching Central Europe, ability. That is why it is important for has not happened. So this legislation and the fact that development could be us to try to slow down and stop the as- should provide a basis not only for the completed in 3 years. sistance that Russia is providing to United States to specifically direct at- Mr. President, since the Senator Iran. This is very important legisla- tention to the matter, but also for the from Connecticut, I think, is preparing tion. I hope our colleagues will support Russian Government to have a very to speak, let me just summarize one it strongly, sending a strong signal to specific basis for enforcing its laws and other aspect of this assistance; that is Russia that it should not be providing policies against the providing of such the Russian nuclear assistance to Iran, or allowing to be provided this impor- technology to Iran. not specifically the target of this legis- tant technology to Iran. Mr. President, let me just outline in lation, but of equal concern to us. I yield whatever time the Senator very brief terms some of the open- Russia has assisted Iran in a number from Connecticut desires. source information about the kind of of ways, including a contract to con- Mr. LIEBERMAN. I thank the Chair technology and other assistance that struct a nuclear reactor and a deal to and I thank my friend and colleague has been provided by Russian firms, in- provide nuclear fuel for the reactor for from Arizona not only for yielding but dividuals, and other entities to the Ira- 20 years, and to take back spent fuel for his principal support of this legisla- nian program. for reprocessing. It has agreed to train tion and for his outstanding statement. One of the Russian ICBM missiles—or Iranian nuclear technicians to operate I rise to support the Iran Missile Pro- at least intermediate-range missile—is the plant, to construct three additional liferation Sanctions Act and to thank called an SS–4 in our terminology. And reactors when the first contract is all of those in the Senate who have co- important missile components and incomplete. sponsored it, principally the distin- structions of how to build that missile In 1995, in response to U.S. pressure, guished majority leader of the Senate have been sent to the Iranians. Russia agreed to limit the scope of nu- for his strong leadership in this effort. This is important because this mis- clear cooperation with Iran and can- It has been purposeful. It has been bal- sile has a much greater capability than celed plans to sell gas centrifuge en- anced. I think it has been quite real- the one that is most likely to be pro- richment technology, and heavy water istic. duced soon. This missile, in the Iranian moderated reactors. I think we have before the Senate a term, is called the Shahab-4. It would However, Russia has exceeded the measured response to a real problem. have the capability of reaching cities limits it agreed to place on its nuclear The real problem is the development by in Europe, Mr. President. So it is not cooperation with Iran. According to an Iran of ballistic missile capacity, just a regional weapon, but a weapon article in July 1997 by The Washington longer-range ballistic missile capacity, that will challenge countries in Europe Post, the United States intelligence re- which, when combined with attempts as well as in the Middle East. That ports ‘‘document[ed] a series of high- within Iran to develop weapons of mass weapon, according to open-source ma- level technical exchanges between Rus- destruction, holds the potential to terial, could be deployable within as sia and Iranian engineers,’’ which cov- change the balance of power within the little as 3 years. ered matters beyond the Bushehr reac- Middle East.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5373 It is destabilizing. It is threatening credible information that occurrences mal contacts with the United States of to our troops and forces on the waters by these entities have transpired to America, he still made some state- within the Middle East region. It is help Iran gain the capacity that we do ments that are extremely hostile and threatening to our allies within the not want them to gain. negative toward us and some of our al- Arab world, moderate Arab nations. That applies a series of sanctions in lies. But, nonetheless, I take these to And it is threatening to our ally, response to that evidence, and gives be encouraging signs. But what re- Israel. That is in the short run. the President, incidentally, the author- mains the fact, as best any of us can In the longer run, the development of ity to waive those sanctions if he ei- determine, is that the much more rad- longer-range ballistic missile capacity ther obtains additional information ical elements within the Iranian Gov- by Iran could threaten our allies in Eu- that diminishes the content of the ernment are still in control of the ap- rope in a wider circle around Iran and, original finding or the President deter- paratus of that government—the mili- eventually, of course, could threaten us mines that the waiver is required, is es- tary, the intelligence, the foreign pol- directly here in the United States of sential, to the national security of the icy—and, in fact, there is no indication America. We are dealing here with a United States. that any of the sponsorship of ter- very, very serious and concrete chal- So, it is very targeted and not the rorism has stopped. lenge to world order and America’s na- broad based, ‘‘don’t do any business In the meantime, the Senator from tional security. with this country or that country.’’ Arizona has suggested, as we have This measure has been introduced But on a finding of credible evidence by heard in classified briefings which can- and principally led by the majority the President of the United States that not be discussed in detail here, the Ira- leader. I am privileged to have joined a person, a company, a governmental nians get ever closer to developing, in with him in that. It is cosponsored by agency or institute has been assisting a headlong thrust, full force, full-throt- more than 80 Members of the U.S. Sen- Iran in obtaining ballistic missile ca- tle thrust, to developing long-range ate—84 is the total, I believe. It is in pacity, then these sanctions are ap- ballistic missiles. Maybe it is going to that sense a profoundly bipartisan re- plied and the President may use a be hard to stop him from doing this. sponse to this genuine national secu- waiver. But the intention of this bill, it seems rity problem. What are the sanctions? I will de- to me, is an exercise in common sense, I think one of the reasons this meas- scribe them generally: stopping arms the exercise of traditional principles of ure has gained the broad support that sales under the Arms Export Control self-defense. This legislation will help it has is not only because the problem Act to these entities; stopping the us to delay the date on which Iran will is real, the threat to security from Iran transfer or sale of dual-use items under achieve long-range ballistic missile ca- having long-range ballistic missile ca- the Export Administration Act; and pacity with which it can deliver weap- pacity being real, but because the ap- the cessation of any U.S. grants or ons of mass destruction on those it proach taken in the bill is targeted. loans or other benefits to these enti- chooses as enemies, as targets. I will go directly to the language of ties. Let’s think about it optimistically. the bill. ‘‘Sanctions shall be applied to Why should we be helping companies Perhaps in that period of time, we will every foreign person with respect to or governmental agencies abroad that see a fruition of some of the obvious in- whom there is credible information in- are contributing to the development of terests, obvious concerns of the people dicating that person’’—and of course this Iranian ballistic missile capacity of Iran as expressed in the election of ‘‘person’’ is given a broad definition of which will so threaten our security? Mr. Khatami for a change. I hope so. a natural person —‘‘is an alien or a cor- So it is a very measured approach The people of Iran have no inherent poration, business, association, part- which, again, I think is at the heart of reason—let me put it another way, Mr. nership, society, trust, or any other why this bill before us has over 80 per- President. There is no inherent conflict nongovernmental entity, organization, cent of the Senators supporting it, a of interest, strategic interest between or group that is organized under the truly bipartisan measure. the people of Iran and the people of the laws of a foreign country or has its Mr. President, there are those who United States. Unfortunately, since the presence, people, or place of business, will say that things are changing in revolution that occurred in Iran in the in a foreign country or any foreign gov- Iran. So why pass this legislation? late 1970s, we have been set on a ernmental entity operating as a busi- Well, from the best that I can deter- confrontational course which threatens ness enterprise in any successor or sub- mine, there are the beginnings of some the stability of the region and the sidiary of any entity.’’ changes in Iran. The changes, cer- world and does nothing good for the So this applies to any entity that tainly, have not gone far enough to people of Iran —a gifted people with a comes within that category, that first alter the essential character of the cen- proud history. transferred items on the MTCR, the ter of that regime, which is still fun- So I am hopeful about the changes missile technology control regime damentally hostile and threatening to that are possible within Iran, but, by annex, or items that the United States the United States and threatening to any reasoned judgment, we have a long opposed for addition to that annex that our security. It is still the major spon- way to go yet. These missiles are being contributed to Iran’s efforts to acquire, sor, state sponsor of terrorism in the developed rapidly and they are going to develop, or produce ballistic missiles. world which, to the best of our knowl- be aimed at us and our allies. There- We are talking here about entities edge, has resulted in the deaths of fore, this proposal still seems to me to that are helping Iran gain the capacity many Americans and many citizens of be extremely important and, as I say, that I have described, as the Senator other countries that are allies of Amer- very measured and targeted. from Arizona and the Senate majority ica. Just the finding by the Argen- Mr. President, there are those who leader have all described, ‘‘to develop tinian security, law enforcement forces say, well, OK, you are right, there is a ballistic missile capacity or provide earlier this week announced—these are threat from Iran. But this measure is technical assistance or facilities which tough cases to investigate—they have really targeted at Russia. Not only is the President deems to be of concern, traced two attacks, two bombings on there hope of change within Iran, but because of their direct contribution to Jewish institutions in Argentina di- there is even, of course, more substan- Iran’s efforts.’’ Again, to acquire or de- rectly back, by their judgment, just re- tial change that has occurred, and the velop ballistic missiles or attempt to peating what I have read in the news- hope of change, within the Russian transfer such items or attempted to papers, back to Iran. And so it goes. Government, particularly on this issue. provide technical assistance or facili- So the election of the new President, So why provoke the Russians? It is the ties. President Khatami, of Iran, who has threat of these sanctions from Con- That is very direct. Apply sanctions been making statements that are more gress that matters, not the realization to entities that have actually done moderate, more open, both in terms of of it. something wrong, done something Iran’s domestic policy and even inter- Let me say first, Mr. President, that wrong in the judgment of the President national, who gave the important on the face of the bill, there is no men- of the United States as reported to interview to CNN in which he sug- tion of Russia. This is a piece of legis- Congress every year regarding any gested the possibility of opening infor- lation that is targeted at any people,

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5374 CONGRESSIONAL RECORD — SENATE May 22, 1998 any entities, any government, any- of the government to begin to set some mously. I look forward to seeing its im- where on the globe that the President policies for trying to control this activ- plementation and the increase in our has reason to believe is contributing to ity. Within the last week, although I security in one of those areas that we Iran’s development and acquisition of don’t believe we have seen the details know will represent the greatest threat ballistic missile capacity. It could of it in this country, the Russian Gov- in the generation ahead. apply to, and might in the past have ernment has promulgated a detailed se- Mr. President, I ask unanimous con- applied to, companies in allied coun- ries of regulations to carry out sent that an article from the January tries of ours in Western Europe who, in Chernomyrdin’s order of January of 1998 Reader’s Digest be printed in the one way or another, may have at- this year. So there is a good-faith ef- RECORD. tempted to sell or sold items to the Ira- fort being made at the governmental There being no objection, the article nians, which they have now used or are level. was ordered to be printed in the using in the development of a ballistic Yet, our intelligence sources—to RECORD, as follows: missile capacity, or even in the devel- speak as broadly as I must in these [From Reader’s Digest, June 1998] opment of weapons of mass destruc- cases—tell us there is still evidence MISSLE THREAT FROM IRAN tion. that there are entities within Russia (By Kenneth R. Timmerman) Certainly, some evidence suggests that are continuing to cooperate with Last August an American spy satellite that there may be entities within the Iran in the development of ballistic spotted a scar of fire on the out-skirts of People’s Republic of China who have missile capacity. That is why I think Iran’s capital, Teheran. It was the unmistak- we have to go ahead with this legisla- able signature of a rocket-engine test. On transferred items, sold items to the the ground, engineers and technicians Iranians that are used in the develop- tion today. But why? I think it is very watched a powerful liquid-fueled missile en- ment of these threatening programs. important to say that it is not directed gine bolted to a test stand shoot a plume of North Korea, our relations with them at the Russian Government. In fact, fire. are much more limited; nonetheless, unless there is clear evidence of com- The engine firing, conducted at the se- that is another possibility. But it is plicity by the Russian Government in crecy-shrouded Shahid Hemat Industrial true, to the best of our knowledge one of these transfers, sanctions will Group research facility, sent tremors through Western intelligence agencies: today and in recent years— not go to the Russian Government. First, the successful test marked an omi- The PRESIDING OFFICER. All time They will go to companies, institutes, nous advance for the anti-Western Islamic controlled by the Senator from Arizona or subdivisions. I hope our friends, in government of Iran. New-generation ballistic has expired. return—particularly the new govern- missiles could give the regime a decisive Mr. BIDEN. Mr. President, how much ment of Mr. Kiriyenko, the National military edge in the Middle East and Central time do I have? Security Adviser—to give him a title Asia. The PRESIDING OFFICER. Forty- he may not officially have—and the Second, the new missile program bears the fingerprints of an old adversary that is now five minutes remain to the Senator deputy defense minister, Mr. supposed to be an American ally—Russia. from Delaware and an additional 90 Kokoshin—will clearly understand that Iran’s rocket engines, originally acquired minutes on any amendment proposed this is not directed at them. In fact, from North Korea, were upgraded in Russia. by the Senator from Michigan. when we adopt the amendment to be Technicians at Iran’s test facility included Mr. BIDEN. Mr. President, how much offered by the Senator from Michigan, engineers from NP. Trud, a prestigious Rus- time does my friend need? which will put the effective date of the sian rocket-motor plant that helped develop Mr. LIEBERMAN. I thought we had gathering of relevant evidence to the the missiles that targeted the West during more time available. I am glad to fin- date of the Chernomyrdin order in Jan- the Cold War. And Iran’s new missiles are ish up within 5 minutes. based in part on Soviet SS–4 strategic rock- uary, then, I think, we will have a law ets. Mr. BIDEN. Mr. President, I will that basically says that America will Iran, whose leaders have chanted ‘‘Death yield 5 minutes to the Senator, who sanction entities within Russia that to America,’’ is believed to be less than a disagrees with my position, as well as I are not complying with the clear policy year away from test-firing a ballistic mis- will yield time at the appropriate time of the Russian Government. sile, the Shahab–3, and is developing more from our time to my friend from North In that sense, I think this is a very powerful versions. ‘‘The deployment of these Carolina as well. important measure, one that will con- missiles, using just conventional warheads The PRESIDING OFFICER. The Sen- tribute to our security, one that should with modern guidance, adds a giant measure ator is recognized for 5 more minutes. to Iran’s ability to blackmail allies of the not affect our bilateral relations with United States,’’ says former CIA director R. Mr. LIEBERMAN. I thank the Sen- Russia, and one that could be the basis, James Woolsey. ator for his extraordinary gracious- I hope in fact, for us going forward to But the threat goes even further. The CIA ness, since we are in disagreement on build a bilateral policy with Russia states that Iran is also developing chemical, this particular question. Let me sum- that understands that the strategic re- biological and even nuclear weapons. This, marize the remainder of my argument. ality of the world has changed after the from a regime that the State Department We know from intelligence sources, cold war, and that we are no longer in has labeled a terrorist threat. some of which had been reported in the a situation of a bipolar world where A GROWING PARTNERSHIP press and referred to by the Senator each of the great powers, the Soviet After Islamic radicals overthrew the Shah from Arizona, that in recent years, as Union and United States, are facing of Iran and seized the U.S. embassy in 1979, best we can determine, a number of Washington slapped an arms embargo on each other with intercontinental bal- Iran. Undaunted, Iran conducted an inter- companies, institutes, and subdivisions listic missiles and nuclear warheads, national campaign of assassinations and ter- within Russia have been involved in and that we are working well together rorism, pursued a clandestine nuclear-weap- transactions, usually for business pur- to build down in our weapons through ons program and waged a bitter war with poses, with Iran, which are of material the nuclear weapons, START I and neighboring Iraq (1980–88). technical assistance to Iran, to help in START II; but that each of us, Russia In that war, Iran launched missiles bought their ballistic missile development pro- and the United States, faces threats from North Korea or assembled from parts gram. So, yes, this legislation will made in China. When the U.S.S.R. collapsed, from the proliferation of the possession Teheran began shopping in the huge arms su- apply to Russia. of weapons of mass destruction and the permarket of the fledgling Russian Federa- We know this has been raised from world-changing capacity to deliver tion. the highest level of our Government— those weapons with ballistic missiles. In a confidential meeting in Germany, the Vice President, the National Secu- So we ought to work together to try Reader’s Digest interviewed an Iranian rity Adviser, and others, like Ambas- to limit the spread of that technology former intelligence officer who confirmed sador Frank Wisner and Mr. Gallucci, and the danger it will represent not Western intelligence reports that Russians with the Russians to end this coopera- only to the United States and their al- began working on Iran’s long-range-missile tion with Iran. Progress is being made. projects in 1994. At that time, Russian tech- lies but to Russia and their allies. nicians visited the top-secret Iranian De- On January 22, which I believe is the I thank my colleagues for their sup- fense Technology and Science Research Cen- exact date, former Prime Minister port of this bill and for giving me the ter near Karaj, 50 miles northwest of Tehe- Chernomyrdin issued an Executive opportunity to speak to it today. I ran, Iran subsequently began receiving as- order in which he stated the intention hope that we will adopt it unani- sistance from Russia’s state-run missile

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5375 plants and technical universities. Russian are at least partially owned by the Russian Madam President, I strongly support advisers worked at Iran’s missile plants in government.’’ H.R. 2709. I come to the floor, however, Esfahan and Semnan, as well as at design Last July President Clinton assigned vet- rather worried about the administra- eran diplomat Frank Wisner to conduct a centers in Sultanatabad, Lavizan and Kuh-e tion’s decision last week to waive sanc- Bagh-e-Melli on the outskirts of the capital. joint investigation with the Russians into ‘‘After that, Iran’s missile program jelled,’’ the missile allegations. His Russian counter- tions against a French energy company says Patrick Clawson, an Iran analyst at the part was Yuri Koptev, head of the Russian that is doing a massive billion-dollar National Defense University in Washington, Space Agency, which intelligence sources oil deal with Iran. The President’s deci- D.C. say is aiding in Iran’s missile program. sion to waive imposed sanctions on the THE UNITED STATES IN RANGE (Koptev denies such involvement.) French energy company was done Talks on Russian-technology transfers to With Russian help, Iran is working to field Iran continue. Meanwhile, Russian techni- under the guise of national security. I two families of missiles in the near future. cians still travel to Iran, and shipments of have to wonder, and we all wonder, The Shahab-3 is the closest to deployment. It missile components continue to reach Iran. whose national security is he referring will carry 1,650 pounds of explosives at least ‘‘It must be made clear that doing business to when he chooses to waive the sanc- 800 miles—allowing Iran, for the first time, with our enemies will cost them if they want tions? Certainly, it is not the national to hit every major city in Israel, including to do business with us,’’ former U.S. Under Jerusalem. It would also reach vital Persian security interests of the United States Secretary of Defense Paul Wolfowitz says of for Iran to improve its oil-exporting Gulf oil fields—and the bases in Saudi Arabia the Russians. and Turkey where American forces are serv- U.S. laws require the President to impose capability so that it can turn around ing. A Shahab-3 carrying the anthrax germ sanctions on countries that assist certain and then use the same money to fund could kill millions. nations in building ballistic missiles and nu- missile development. I certainly can’t Intelligence sources say that a number of clear weapons. But the Administration has believe it is in the best interests of the engine tests for the Shahab-3 have been ob- refused to invoke sanctions, including those State of Israel to have Iran improving served, and that development will be com- in a law co-authored in 1992 by then-Senator its foreign cash reserves for the very pleted in early 1999, with production soon Gore and Sen. John McCain (R., Ariz.). Now after. A senior White House official told Sens. Joseph Lieberman (D., Conn.) and same reasons. Reader’s Digest that the United States now Trent Lott (R., Miss.) have introduced new Iran is improving its cash reserves, believes Iran has most of what it needs to legislation with sanctions that could in- and they are improving their missile mass-produce the Shahab-3. ‘‘It may already volve: technology. Just in January of this be too late to stop them,’’ he said. Russia’s space program. The United States year, the CIA told the Senate that Iran An even more powerful missile in develop- is pumping $140 million a year and invalu- would be able to target ballistic mis- ment, the Shahab-4, will carry a one-ton able expertise into Russia’s space program. siles at Israel much sooner than the 10 warhead 1,250 miles—making it capable of This aid could be stopped. years that we had previously been led devastating cities in countries as distance as U.S. contracts. Russian companies working Egypt. The Russians are also helping a solid- in Iran have some $2.5 billion in contracts to believe. So, therefore, I have to con- fuel design team at the Shahid Bagheri In- with the U.S. government and U.S. defense clude that he made this decision in the dustrial Group in Teheran develop a 2,800- contractors. The United States could bar national interest of France and Russia. mile missile, capable of reaching London and them from American business. I think that is a very poor reason to Paris, and a 6,300-mile missile that could High-tech exports. Russian firms in Iran make a decision of this magnitude. strike cities in the eastern United States. have been buying advanced U.S. technology. Here we go again. We are passing a Such high-tech exports could be barred. DIPLOMATIC STONEWALL In addition to these sanctions, the United good bill to impose sanctions on indi- At high-level meetings with Russian offi- States could step up assistance to Israel’s viduals who transfer missile tech- cials, including President Yeltsin himself, Arrow antimissile program to ensure that nology to Iran. But section 105 of the the United States has repeatedly expressed Israel will have adequate defenses by the bill permits a waiver based on the na- concern over Russian arms sales to rogue na- time the Iranian missile go into production, tional security interests of the United tions such as Iran. But when Vice President possibly in 1999. Al Gore pressed Russian Premier Viktor States. The part that concerns me is The United States could also increase pres- the waiver. I am concerned about how Chernomyrdin on February 6, 1997, Gore re- sure on Teheran. Instead, the Clinton Ad- ceived a categorical denial. ministration has been seeking to open a the President has interpreted this in Two months later, in April, Iran tested a ‘‘dialogue’’ with the Iranians, a gesture in- the other Iranian sanction bills. I new missile engine. After analyzing the evi- terpreted by some of Teheran’s ruling clerics think there should be no waiver. I do dence, U.S. officials concluded that the Rus- as a sign of American weakness. not trust the President’s decision on sians had transferred technology from SS–4 Some American leaders are determined to waivers. Given that Israel was the only rockets to Iran—a clear violation of the Mis- send a different, stronger message, not only sovereign state, outside Kuwait, that sile Technology Control Regime that Russia to Teheran but to Moscow as well. ‘‘Russia’s was attacked by Iraq during the gulf signed in 1995. It also violates the 1987 Inter- transfer of missile technology to Iran is an mediate-Range Nuclear Forces Treaty, in issue of enormous national security impor- war as they were attacked by missiles, which the United States and the Soviet tance to the United States and its allies,’’ I think there should be language in Union agreed to destroy all such missiles, in- warns Senator McCain. ‘‘It threatens to this bill and in the Iranian-Libyan sec- cluding the SS–4. further destabilize the region—and risks tion that mandates consultation with Yet each time the United States presented undercutting U.S.-Russian relations.’’ Israel before we choose to waive any new evidence of Russian assistance to Iran’s Mr. LIEBERMAN. I thank the Chair. sanctions for missile production or oil long-range-missile program, Russian Foreign Minister Yevgeny Primakov and other offi- I yield the floor. production. I think we owe it to our cials denied that this was Russia’s policy, Mr. BIDEN. Mr. President, my friend friends—the true friends in the Mid- ‘‘While we appreciate such assurances,’’ from Michigan has 90 minutes on his east—the Israelis. State Department official Robert Einhorn amendment. I wonder, in order that we I hope that such legislation wouldn’t told the Senate last June, ‘‘we remain dis- can—we have been able to allocate be necessary and that the President turbed by the discrepancy between them and time and I want to make sure that ev- would be more frugal in his actions. what reportedly is occurring,’’ eryone who speaks to our position gets So I plan to introduce this as free- In fact, U.S. and Western intelligence a chance to—whether or not he would standing legislation. I hope we could sources have confirmed that several hundred be willing to yield off the 90 minutes 4 consider this sometime in the very Russian engineers and technicians travel near future. We should be consulting regularly to missile facilities outside Tehe- minutes to our friend from North Caro- ran helping the Iranians draw up missile-pro- lina. with Israel before making decisions af- duction blueprints. Russia may have trans- Mr. LEVIN. The Senator from North fecting their interests, just as much so, ferred to Iran a supercomputer made by a Carolina requested 6 minutes. I would and more so, than we should be with U.S. company to complete the work. And be happy to yield 6 minutes to my Russia and France. Israel is a country when the Iranians run into technical snags, friend from North Carolina. that is most threatened by missile pro- they fly to top-secret military institutes in The PRESIDING OFFICER (Mrs. duction by rogue states like Iran and Russia to see how the Russians solved simi- HUTCHISON). The Senator from North Libya. lar problems. I know there are some who think the ‘‘This is not a private operation by some Carolina is recognized. crazy engineers,’’ an Israeli official told Mr. FAIRCLOTH. I thank the Chair. Iranian regime is moderating itself. I Reader’s Digest in an interview in Tel Aviv. I thank the Senators from Michigan personally don’t think they are. But ‘‘The contracts [to assist Iran’s missile pro- and Delaware. I will stay within the 6 even if they are, I don’t think that we gram] have been signed by companies that minutes. should be lulled into a sense that we

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5376 CONGRESSIONAL RECORD — SENATE May 22, 1998 have turned the corner in our relations that, relative to Iran’s missile pro- Here you have a former empire that with Iran. They only respect the gram, to impose these sanctions now? has crumbled around the ears of Rus- United States for its power. They sim- Will this bill, by its passage, finally sian leaders. They are left with a num- ply laugh at us when we are weak. turn off the last few drops of water ber of the old apparatchiks in charge of They take the President’s waiver as a coming out of that spigot? Or will it huge, bureaucratic entities, depart- sign of weakness—not as a gesture of enhance the prospect that the coopera- ments, who have, off and on for the last improved relations. tion with Iran—which began years ago 9 years, been free agents to some de- The Mideast is still an extremely and has continued in diminishing gree or another. volatile area. The United States is at amounts up to now—will be increased, The idea that Yeltsin has his finger its best when we stand behind our true reversing the momentum of the last 6 on, and knowledge about, and the abil- ally, the Israelis, as they have been our months? ity to control every one of his dis- true ally. They have been our sea an- It seems to me, as rational persons— parate agencies out there is, I think we chor in a turbulent part of the world. and we all are, obviously, on this—we would all acknowledge, not nearly, We should negotiate from a position of have to examine that question. For me, nearly a reality. So, since early last strength—not when we accommodate the instinct to punish Russia for what year, American officials have been murderers and terrorists who pretend they did in the past is overtaken by my working very hard, pressuring, cajol- to be government figures. We should be fear that the proliferation will in- ing, and educating the Russian leader- supporting our true ally in the Mid- crease. To the extent that I have a dis- ship as to why this is against the Rus- east. Again, I strongly support the leg- agreement with my friend from Con- sian leaders’ own interests and how to islation. necticut or my friend from Arizona, gain control, how to gain control of I yield the remainder of the time, and two of the brightest people in this their own entities. I thank the Senator from Delaware. body, it relates to how I come down on There is an irony here. If we said to The PRESIDING OFFICER. The Sen- that question. our constituents that there is this out- ator from Delaware. One or another country may think it fit in Russia that doesn’t control what Mr. BIDEN. Madam President, I yield needs these weapons to protect it from is happening in a department in one of myself such time as I may consume, up its neighbors or gain the attention of the six nuclear cities in Russia, or to the time I have allotted to me. the great powers. The fact is, however, doesn’t have control over a department I was asked by someone yesterday that weapons of mass destruction in Moscow, they would say: ‘‘Wait a after a meeting at the White House on threaten us all, especially when the minute, isn’t this the same outfit that this issue, What did I think about this countries that seek them are ruled by ruled with the iron fist, so that they murderous despots or inflamed by eth- sanctions act? And I said: ‘‘Good act, would be able to not only have a com- nic or ideological causes. bad timing.’’ Good act, bad timing. mand economy, but to command every- The extent to which this act that we Today, two sets of neighboring countries—India and Pakistan, and Iran and thing?’’ But the fact is, the Russian are about to vote on, this sanctions Iraq—pose the greatest threat that leaders do not have that ability any bill, is of value is a little like nuclear weapons of mass destruction might ac- more. And they do not know how to weapons: Their value is in their non- tually be used. India and Pakistan have gain it. use; their value is in their threat of So I start off with the proposition to be restrained from using such weap- use. that this is a very different cir- ons against each other. I was reminded The administration has made signifi- cumstance than if we were dealing with by someone today, we are talking cant progress over the 6 months we about a response time of 3 minutes—3 the U.S.S.R. and this program were gave them with the threat of this bill minutes; a pretty short leash, quite a going on. If I were to have turned to in place. It has had the best of all hair trigger—when we are talking even Gorbachev, or any of his prede- worlds. It has allowed those in Russia about Pakistan and India. The same cessors, and said, ‘‘you are transferring who very desperately want to cut off would apply to Iraq and Iran, who have this technology to Iran,’’ and had them this program and this relationship with managed over the last decades to kill say, ‘‘we didn’t know that, or were un- Iran the ability to say, ‘‘we must do hundreds of thousands of each other’s aware of the extent of it,’’ having been this or we will lose much more than we citizens. So these two sets of neigh- here 25 years and dealt with them on will gain,’’ without having to put bors—India and Pakistan, Iran and that issue for 15 years, I would have themselves in a position politically in Iraq—it seems to me, are most likely said unequivocally on this floor, ‘‘that their own country in which they ap- to get the world in trouble. Iran and is flatout a lie; they cannot not know pear to be publicly buckling to the Iraq have to be prevented from obtain- that.’’ pressure applied by the United States. ing such weapons and from using them, But it is clear that, although much So, although I have no disagreement not only against each other but also was known in some quarters, a lot was with the principle of H.R. 2709, the Iran against the whole Middle East region, not known. So you actually have the Missile Proliferation Sanctions Act of if not the world. Russian leadership saying, ‘‘How do we 1997, and I have no doubt that it ad- Some foreign entities, notably Rus- set up export controls? How do we gain dresses an urgent concern we cannot sia, have continued to assist Iran’s bal- control? You have been doing this. How ignore, I have a great deal of doubt listic missile program intended to give do you all do it?’’ —we have not done it about whether we should be voting for Iran long-range ability to deliver weap- perfectly, by the way, but—‘‘How do it now and sending it to the President ons of mass destruction. This assist- you do it?’’ now. ance must stop, and it must stop now. The fact is that troubling aspects of Madam President, to state the obvi- Since early last year, U.S. officials the Russian assistance to Iran program ous, the cold war is over. One of the from the Clinton administration, in- continue to this very day. I know that. great wonders of it is that the world cluding the President and the Vice All of us on this floor have gotten a was spared any use of nuclear weapons President, have raised the matter with briefing. We know that. And with each during that cold war, and almost—al- their Russian counterparts, Yeltsin, passing day, Iran comes closer to ob- most—any use of chemical or biologi- Chernomyrdin, and Kiriyenko. They taining the ability to have long-range cal weapons. The proliferation of weap- have all agreed it is hardly in Russia’s missiles that can rain down chemical ons of mass destruction and the means interests to give Iran the capacity to or biological destruction on Israel, to deliver them, however, could bring fire long-range missiles with weapons Saudi Arabia, and U.S. Armed Forces about the very holocaust that we have of mass destruction. Special envoys in the region, and, obviously, to under- managed to avoid over the past 50 Frank Wisner and Robert Gallucci have state it, that is a real problem. years. worked with Russian Space Agency So, what do you do about this? The So, everyone here is united in one ob- chief Yuri Koptev to help Russia deter- executive branch, in my view, has jective: to stop, inhibit, curtail the mine what it must do to stem this as- made real progress, important proliferation of weapons or the means sistance. progress, that this bill before us, I be- of delivering those weapons. How do we Let us get a little background here, lieve, will sacrifice. Let me give you a best do that? Is the best way to do because we all kind of mentioned it. few examples.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5377 Last year, Russia expelled an Iranian cials to be grateful when we catch against our interest, so at least we Embassy employee who was involved in them doing something stupid and call could have told the folks in those de- seeking assistance for Iran’s missile them on it? Do they expect the insti- partments that there was something program. Russia’s Federal Security tutes, that cannot pay for their per- coming, but the Americans are going Service, the FSB, says that Russia also sonnel, or their factories that pay their to cut off that money, we’re not going deported a member of an Iranian mili- workers in goods to barter on the mar- to get that, but, by the way, still don’t tary delegation. ket, to be happy when we tell them follow through on this Iranian pro- The FSB adds, in a statement of May that they have to turn down hard cur- gram?’’ 15, that two officials at a Russian re- rency from Iran? It is lose-lose. They not only lose the search center were arrested, convicted, Look, we have a satellite industry money that encouraged them to enter and sentenced to prison for trying to that is apoplectic today—an American into these arrangements in 1994, be- ‘‘enter into an agreement with a for- satellite industry that is apoplectic cause of our efforts to stop it and be- eign firm to design homing electronic today—because the House took action cause they were not quick enough and devices for missiles.’’ and the Senate may take action cur- thorough enough in stopping it, they They also foiled an effort by Iran’s tailing their ability to launch these have now lost any other aid they have. SANAM industry group, to get missile satellites into space from other launch Again, I am not approaching this parts from a Russian firm, NPO Trud. systems around the world. Why? They from an ideological point of view. I am The FSB statement also adds that, are going to lose billions of dollars. not approaching this from a point of ‘‘All the activities of the SANAM Mark my word, you are going to start view of who is right or who is wrong, group on the territory of Russia have hearing from their employees saying, whether they did the right thing or the been terminated and prohibited.’’ ‘‘What have you done to my job?’’ wrong thing. I am trying to approach On January 22, Russia issued Order Right? We all know that. We shouldn’t this from a practical point of view: No. 57 establishing what are called yield to the company or the employee How do we assure that what was going ‘‘catch-all controls’’ over the export of if it is against the national interest, on doesn’t continue? How do we stop any material or technology that might but we are going to hear it. proliferation? contribute to Iran’s programs to de- What would happen, do you think, if This same report published by the velop weapons of mass destruction or all of a sudden we were to say, ‘‘By the American Jewish Committee makes a long-range missiles. way, stop doing’’ such and such, which very, very important point in a section Last week, Russia promulgated im- is the only thing that allows you to entitled ‘‘American Policy Options.’’ plementing directives for that order re- make any money at all, to even be It says: quiring that each entity involved in given goods you can barter on the The United States faces tough choices in high-tech material or technology ex- street to keep your apartment? I don’t addressing the issue of Russian-Iranian missile cooperation. Both the Clinton adminis- ports set up a review committee to say this by way of justifying anything tration and its critics confront the fact that screen proposals and specifying ‘‘red Russia is doing, but there is a report American leverage is probably limited. flags’’ that would require referral of from an organization I have great re- Then it goes on to say: proposals to high-level officials for ap- spect for, the American Jewish Com- However, the threat of sanctions will not proval. Those ‘‘red flags’’ are precisely mittee. The American Jewish Com- in itself be sufficient. The threat of missile the sort of criteria that we would want mittee had a report written called proliferation is serious enough to warrant of- Russia to use. For example, they name ‘‘The Russian Connection: Russia, Iran, fering improved carrots. certain Iranian entities that are auto- the Proliferation of Weapons of Mass Let’s get this straight. Everybody matically suspect no matter what they Destruction.’’ It is a very good report. has kind of figured this out—let’s re- want to buy. That is a take-no-chances I recommend it to everyone. view the bidding. approach that suggests the seriousness They point to an article that was The Russians were bad guys. They on the part of Russia. written in Russia about missile special- sold technologies to people who were The pace of diplomacy is slow, ists who worked in Iran during the past even worse guys. The combination of Madam President, and so is the pace of few years. It says that specialists were that is against the interests of the Russian bureaucracy, and so is the recruited by Iranians in collaboration United States, and particularly against pace of putting together a Russian with the Federal Security Service— the interests of Israel. We have to turn Government that can control Russia. I which is now going to be part of stop- it around and stop it. understand and share the frustration ping this. We went ahead, and after the last that my colleagues feel in this regard. Then the article goes on to say that couple years—with great pressure dur- But, as the kids say, let’s get real. the policy of assisting the missile pro- ing this year, thanks to congressional When was the last time we turned Rus- gram began in 1994, when the then- leadership having the sanctions sitting sian policy completely around, and how chief of Yeltsin’s bodyguard service out on the table—convinced Yeltsin, long did it take? was involved in export policymaking, and now the friendliest government When we didn’t like the Soviet Union and that it was done—for what? For that ever existed in Russian history to- deploying SS–20 intermediate-range hard currency, for money. ward the United States, the two new missiles in the European theater, we Now we have convinced Yeltsin and a young guys in positions of power, not had to build and deploy Pershing mis- new government in Russia—which is only that it is against their interests, siles in response before they would sign probably the most pro-American gov- but also that they better stop. And the Intermediate Nuclear Forces Trea- ernment that has existed in the last 90 there is some evidence they are stop- ty. The process took 10 years. It took a years in Russia, maybe in Russian his- ping it. similar period of time for the Soviet tory—we have them taking all these They are finding where at least some Union, later Russia, to admit it was steps to cut this off. OK? So far, so of the technology leaks are and they violating the ABM Treaty in building a good. are turning them off. And now here we large phased-array radar near The American Jewish Committee re- are after they had begun the process Krasnoyarsk. And there are a lot of port points out that the reason they saying, ‘‘Aha, but you did do it.’’ Of other examples of how long this takes. did this was for money. Now we go course they did it. And what we’re My colleagues will say the assistance ahead and we cut off any money that going to do is to say, ‘‘we’re going to continues, that these institutions and we are going to send these Russian en- cut your water off from this end of the firms are just looking for ways to get tities in existing bilateral arrange- spigot. We’re going to cut it off.’’ around Order No. 57, and that there are ments we have. What do we think Rus- And if the objective is America’s instill bureaucracies that oppose Yeltsin sian leaders are going to do? Are they terest and indirectly Israel’s interest, and Kiriyenko on this issue; and I will going to say, ‘‘You know, we now lost which is an American interest, how reply, ‘‘Yup, you’re right, that’s ex- the American support that we, the new does that make sense? Let me add one actly what has happened.’’ Government in Russia, want, and we other dimension here. What on Earth does anybody expect? don’t want to be selling this missile I said: ‘‘This is a good act, bad tim- Do my colleagues expect Russian offi- technology anyway because it is ing.’’ Let us review the bidding and

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5378 CONGRESSIONAL RECORD — SENATE May 22, 1998 what is going on in the Asian subconti- is sanctions against entities in their upon attaching the Chemical Weapons nent right now. Regarding India and country. Convention Implementation Act to this Pakistan, we are breaking our neck, Now, look, some former President, measure. This is a practice that has to some of us on this floor personally, the whom I will not name, once said, ‘‘Life stop. It is irresponsible, absolutely ir- President, Democrats, Republicans, is not fair.’’ I am not suggesting to responsible, in my view. Combining the pleading, cajoling, doing everything we anybody that it would not be fair to two bills, the Chemical Weapons Con- can with Pakistan not to up the ante. impose these sanctions. By any meas- vention Implementation Act and the We are doing everything we can to take ure, it is fair, because they did not play Iran Missile Proliferation Sanctions an Indian Government that has over- by the rules. They broke the agree- Act, both of which should be sent over stepped its bounds against its good ments. So it is fair; but is it smart? Is here— I am not suggesting that they judgment, in my view, and say, ‘‘Tone it in our interests? Is it a good idea? In shouldn’t do that—to tie them together down what you’re doing.’’ We are try- my humble opinion, the answer is no, in the hope that it will force the Presi- ing to put a lid on this. it is not smart, it is not a good idea, it dent to sign the bill is holding hostages So what are we doing? Some of us, as is not in our interest. The sanctions we that relate to our national interest as well as the administration, are doing mandate will be resented and they will Americans. everything from picking up the phone be resisted and, in my sincere view, They did the same thing with the and calling Sharif in Pakistan, to say- they will fail where diplomacy is suc- IMF. They did the same thing with the ing, through the administration, to ceeding. United Nations arrearages by attach- Yeltsin, ‘‘You, Yeltsin, have a relation- Some aspects of this bill seem cal- ing abortion language. Each of these ship with India. Call them. Tell them. culated to anger Russia rather than to issues warrants debate, but not tied to Cooperate with us.’’ secure compliance. One is the ‘‘credible one another. Attaching the Chemical Every Republican and Democrat who evidence’’ standard for sanctions. Ac- Weapons Convention Implementation has any contact in China is trying to cording to the report on this bill, the Act to this bill serves merely to delay get China to put pressure on Pakistan. standard is meant to require sanctions for many months and to put at risk a And in the middle of this gigantic ef- when information is merely ‘‘suffi- bill that is important to our national fort, that is literally worldwide, at a ciently believable as to raise a serious interests. That was an irresponsible ac- moment when every nation in the question * * * as to whether a foreign tion, in my view, that ill-befits a co- world, particularly the nuclear powers, person may have transferred or at- equal branch of government, the House fully understands the potential con- tempted to transfer’’ sanctionable of Representatives. sequence of Pakistan’s nuclear testing items of technology. CHEMICAL WEAPONS CONVENTION now and India’s heated rhetoric—now, This is kind of the ‘‘shoot first, ask IMPLEMENTATION—AT LAST when all this is going on—what are we questions later’’ approach to inter- Mr. President, title two of the meas- doing? national relations. This is cold-war ure that we are passing today—the In fairness to the leader, this was posturing in a warmer environment, Chemical Weapons Convention Imple- under a unanimous consent agreement, with the friendliest government we mentation Act of 1997—deserves some and put off from back in November, but have ever had an opportunity to work attention. Final passage of this bill is what are we doing? We are coming with, and it will likely fail. long overdue. Its enactment, despite its along invoking a sanction potentially Fortunately, our action today is not flaws, will serve the national interest that is going to make it more difficult the end of the process. The President is in very real ways. by anybody’s standard to get world- very likely—very likely—to veto this U.S. ratification of the Chemical wide cooperation. bill. And if we have the amendment of Weapons Convention last year was not Who are the nations that can most the Senator from Michigan accepted, easily achieved. In the end, however, influence Pakistan or most influence which I expect it to be, we will have to all the Democrats in this body and India right now, beyond the United go back to conference. most of our Republican colleagues States? I will bet that if we ask all the And I say to you, Madam President, joined to fashion a 74–26 majority for staff in the back who are experts on and to my colleagues, that I hope Rus- ratification. Nearly one year ago, this this—whether they are for these sanc- sian officials and firms that follow this body passed the implementation bill tions or against them—I bet that if we debate will hear the message my col- that is once again before us. asked everybody in this Chamber, and I leagues are sending. If Russian assist- Final passage of that act will serve put a list on the board saying, ‘‘Which ance to the Iranian missile program our national interest in several ways. are the most likely countries to be able does not cease within a matter of First, it will enable the U.S. Govern- to influence Pakistan,’’ and put Russia, weeks, I truly believe that this body ment to require industry to comply France, Germany, England and China— will override the President’s veto and with the data declaration provisions of I bet you would all pass the test and set in stone this counterproductive the convention. In addition, this law say, ‘‘China.’’ And why would you say sanctions bill. will provide protection to confidential that? Because China has been selling I also say to my friends who believe business information that U.S. firms them missile technology. that this sanctions bill is warranted on may be required to submit. Now, I wonder who would have the the merits, if you just do it based on The filing of a complete national most influence on India. The answer is weighing the scales, that you are giv- data declaration will finally put our Russia, for similar reasons. So thus it ing up nothing by delaying here. Can country in compliance with this con- seems to me, Madam President, that anyone show me that there has not vention. That is no small matter. Until this is a good idea at a very bad mo- been real progress over the last 6 then, the United States cannot exercise ment. months? effective leadership in the organization We also have a new government in So if in 2 weeks or 6 weeks or 8 weeks for the prevention of chemical weap- Russia. We have two young people—and this progress has not continued, this ons—the implementing body for the every analyst to whom I have spoken, sanctions bill can be brought back up. convention. And make no mistake: It conservative or liberal, Democrat or But to pass it now, I honestly believe, will be U.S. leadership that guides the Republican, or who has testified before will be counterproductive. organization toward effective the committee or spoken to my staff Russia’s legal and administrative ac- verification and enforcement of com- has said, ‘‘These two new guys are tions so far, while insufficient, show pliance with this convention. keepers. They’re the best shot we their good intent. There is also a The United States has a tremendous have.’’ They are the best shot we have. strong foundation on which to build. stake in enforcement of the Chemical Now they have gone out and put their But the edifice of enforcement must be Weapons Convention. Our interests are new, fragile reputations on the line in built quickly. Only speedy Russian ac- world-wide, and U.S. troops are often that new government, and said, with tion is likely to avert the sanctions re- stationed in far-flung locations. Wher- regard to assistance to Iran’s missile gime mandated in this bill. ever U.S. forces go, they will be far program, ‘‘Shut it down.’’ And the first In closing, let me note my deep ob- safer if chemical weapons are removed bit of reward we are going to give them jection to the other body’s insistence as a military threat.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5379 In its first half year since entering The broad compensation scheme in clysmic changes in Moscow that upend- into force, the Chemical Weapons Con- section 213 that does not even require a ed the bipolar structure of post-World vention has already had some suc- plaintiff to prove its case by a prepon- War II international relations. cesses. China, India, and several other derance of the evidence in order to re- How else will historians characterize countries have admitted for the first ceive taxpayer funded compensation this decade? Will we be seen as having time to having chemical weapons pro- for the loss of trade secrets; and the turned to peace? Or will historians say grams. The weapons and weapons fa- limitation in sections 212 and 238 on that we turned merely to further war cilities that they declared have been the Government’s power to require in a new context? inspected and will eventually be de- contractors to submit to inspections. The Good Friday Agreement offers stroyed. The information that they Finally, I regret that this legislation hope for peace in Northern Ireland. The have provided will enhance our ability, does not undo the damage to our na- Oslo Agreement and related efforts in moreover, to monitor their chemical tional security that I fear will be the Middle East offer hope for peace in establishments and to search out any caused by condition 18 to the resolu- that region as well, despite the many suspicious activities. tion of ratification for the convention. obstacles that still litter that path. The Chemical Weapons Convention That condition provides that no chem- The Dayton Accords offer similar hope has also taken some important steps ical sample taken by the international for Bosnia and, indeed, for the Balkans toward universality. Both India and inspectors may be removed from the as a whole. Pakistan have joined; China has joined; United States for analysis. While it The wars and massacres in Africa are Russia has joined; and even Iran has may offer some further protection to another matter. We are trying to cre- joined. U.S. manufacturers against possible in- ate new structures to prevent or con- The Chemical Weapons Convention dustrial espionage, it also opens a huge trol such conflict, but our failure to Implementation Act embodies com- loophole for countries that may violate avert millions of deaths in central Af- promises between treaty supporters this convention. rica will lead future generations to re- and treaty opponents. I supported this I firmly believe that the convention’s mark on how poorly we had learned the compromise bill last year because it provisions and the other conditions to lessons of the first holocaust. was important then—as it is now—to our resolution of ratification provide THE THREAT OF WEAPONS OF MASS facilitate U.S. compliance with the sufficient protection for the confiden- DESTRUCTION convention. I support it today for that tial business information of U.S. firms. The final judgment on this decade may well hinge, however, on how we reason and because the administration Indeed, insistence upon U.S.-based handle the threat of other holocausts— has assured us that it is more impor- analysis of U.S. samples will actually those made possible by weapons of tant to enact this measure than to make it easier for foreign spies to ob- mass destruction. The potential for spend more time correcting the faults tain that information, by effectively such horrific acts may well have been in it. specifying the laboratories for them to increased by the end of the Cold War. Let me make clear, however, that I target. And I dread the stain upon our And a failure to contain that risk could still have very serious concerns about collective conscience if a future viola- radically alter the judgment of history, the impact of some of this bill’s provi- tor of this treaty should ever make use assuming that anyone survives to write sions on implementation of the conven- of the exemption we are carving out, it. tion. and then use those illegal chemical Weapons of mass destruction pre-date In particular, I do not believe we weapons against U.S. forces or inno- the Cold War. In the 1760’s, England should be granting the President dis- cent civilians. used primitive biological warfare to cretionary authority to deny an inspec- Opponents of the convention insisted kill American Indians in Pontiac’s Re- tion based on national security upon condition 18, arguing that no bellion. Chemical weapons were used in grounds, as would be done by section good would ever come from on-site in- World War I. And the two atomic 237. By signing and ratifying this trea- spections anyway. I hope and believe bombs that helped to end World War II ty, the United States—with the advice that they will come to realize the error demonstrated mankind’s ability to and consent of 74 members of this of their ways and will accept the need bring about the apocalypse in the blink body—agreed to allow certain inspec- to make this treaty as effective an in- of an eye. tions, subject to our constitutional re- strument as possible. Strict During the Cold War, the United quirements. With few exceptions, de- verification is crucial to making sure States and the Soviet Union amassed nial of a duly authorized inspection that Iran, China, and other countries by far the largest stockpiles of weapons would violate the convention. with undeclared or formerly undeclared of mass destruction ever seen. Experts Even if the President never exercises chemical weapons programs are given will argue over whether the use of all this authority, the mere inclusion of as little an opportunity as possible to those weapons would have caused a this provision in the legislation will hide illegal weapons stocks or produc- ‘‘nuclear winter’’ that would end all encourage other countries to deny in- tion. human existence. There is little doubt, spections on national security grounds. That said, however, final passage of however, that the resulting human, If we should enact the so-called ‘‘na- this act is still an important accom- economic and environmental devasta- tional security exception,’’ we can be plishment. By facilitating U.S. compli- tion would have destroyed our modern sure that China, Iran, and other coun- ance and leadership, it opens the door civilization. tries will seize upon the precedent we to further success in the campaign to The great irony of the Cold War, set and use it to undermine the effec- rid the world of one of its most heinous however, was that the tight leadership tiveness of the verification regime. inventions. of two blocs by the United States and I have similar concerns regarding Mr. President, I now close with a the Soviet Union kept nearly all of this section 253, which would exempt from statement that addresses the ‘‘carrots’’ Armageddon arsenal under their firm reporting and routine inspection re- that the American Jewish Committee control. There were a few cases in quirements unscheduled discrete or- report calls for and that sets forth which chemical weapons were used. By ganic chemicals that are coincidental some proposals in that area. and large, however, the terror of byproducts and are not isolated or cap- NON-PROLIFERATION: AN OUNCE OF PREVENTION ‘‘Mutually Assured Destruction’’ kept tured for use or sale. While waste IS NOT ENOUGH the nations of the world inline and pre- streams are not, in themselves, a As we near the end of the 1990’s, there vented any descent into the abyss of threat to the object and purpose of the can be no doubt that future historians all-out war. chemical weapons convention regime, will highlight this time as the decade The end of the Cold War has reduced monitoring of such streams does afford in which the Cold War was ended and dramatically the risk of a nuclear hol- one of the most convenient and non-in- the Soviet Union was dissolved. Even ocaust sparked by war between the trusive means of determining whether so far-reaching an action as the en- United States and Russia. Strategic a facility is worthy of concern in the largement of NATO, to which this body arms reductions under the START first place. recently gave its consent, will be seen Treaty have begun the process of step- I am also troubled by: largely as an outgrowth of the cata- ping back from the brink. Russia will

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5380 CONGRESSIONAL RECORD — SENATE May 22, 1998 eventually ratify START II, and I Will the paltry profits in assisting of mass destruction and ballistic mis- think we can look forward, in the com- Iran’s ballistic missile programs really siles for the former Soviet Union. And ing years, at least to START III as matter if Iran can attack Russia and that is no small problem! There are well. The CFE Treaty continues to reg- its neighbors with chemical weapons? well over a hundred thousand such ulate conventional weapons in Europe, Do the Russians really think that Sad- skilled personnel who served the Soviet moreover, so as to limit the risk of dam Hussein can be trusted with fer- death machine at its peak. Anywhere hostilities that could spark a larger menters that could be used to produce from ten to fifty thousand personnel conflict. biological weapons? Will China really still have skills that a rogue state or There has also been progress on benefit if its assistance to Iran should terrorist group would like to obtain, chemical and biological weapons. Rus- put weapons of mass destruction in the and are underpaid or unemployed sia has joined us as a State Party to hands of a regime that sympathizes today. That is not just a problem for the Chemical Weapons Convention and less with Beijing than with Islamic those personnel. That is a powderkeg will destroy at least 40,000 metric tons ethnic groups in western China? just waiting to explode! of chemical agent. President Yeltsin Russia and China are both great pow- What should we be doing about this? admitted that Russia had violated the ers. But you have to wonder, some- We should plug the holes in our current Biological Weapons Convention and or- times, what they are thinking. And you non-proliferation assistance programs. dered an end to Russia s offensive bio- really have to wonder when North We should endorse and build on the logical weapons program. We still lack Korea will realize that ballistic missile ‘‘nuclear cities’’ initiative that Vice confidence that Russia is not hiding exports to unstable countries won’t do President GORE and then-Prime Min- some illegal chemical or biological much for a people already reduced to ister Chernomyrdin began in March. weapons or weapons capabilities, but eating tree bark. We should make a special effort to as- the trend is toward a day in which no AN OUNCE OF PREVENTION IS NOT ENOUGH sist Russia’s biological warfare special- massive capability of that sort will re- What should the United States be ists who want to cease working with main. doing to stop the spread of long-range dangerous pathogens. And we should The greatest risk that is not yet con- missiles and weapons of mass destruc- consider outright subsidies to keep tained is that some other country, or tion? The short answer is: a lot more Russian arms experts busy on socially even a terrorist group, might use these than we’re doing now. useful projects. horrendous weapons. While such coun- I don t say that to denigrate current IMPROVING EXISTING PROGRAMS tries and groups are unlikely to un- U.S. programs or the U.S. commitment What are the holes in our current leash a holocaust, the scale of destruc- to non-proliferation. No great power is non-proliferation assistance programs? tion they could cause would still be as- as active as we in trying to prevent Several non-proliferation assistance tounding—and our own cities or bases proliferation. Nobody has as many pro- programs are managed by the Depart- could well be their targets. grams as we do to detect proliferation ments of State, Defense and Energy. Rogue states and criminals have activities, to stop them, to pressure il- They provide vital assistance to help tried to get Russian and former Soviet legal buyers and sellers, to develop safeguard Russian nuclear weapons ma- nuclear weapons material and tech- military weapons and tactics for oper- terial, to dismantle Ukrainian long- nology during this decade, although ations against sites with weapons of range bombers, to support projects with little success. Countries such as mass destruction, and to assist the that could provide commercial job Iraq, Iran and Syria have had better former Soviet states, in particular, in opportunities for former weapons success gaining Russian and/or Chinese safeguarding and destroying dangerous specialists, and occasionally for a one- chemical weapons technology and ma- material and in reorienting their mili- time operation like purchasing terial (including equipment and pre- tary industry to the civilian economy. Kazakhstan’s nuclear material or cursor chemicals), biological weapons We spend over $600 million a year on Moldova’s bombers. material (including production equip- the assistance programs alone. One program that supports commer- ment), and ballistic missiles or missile But the fact is, my friends, that we cial initiatives in the former Soviet technology. are failing to do all that we can to stop Union is the Department of Energy’s These transfers of weapons and tech- proliferation. Some of our failures are Initiatives for Proliferation Prevention nology have taken a toll on regional understandable. No intelligence system (or IPP). The President’s proposed Fis- stability. India and Pakistan now can detect everything, and we risk the cal Year 1999 budget would reduce that threaten each other with ballistic mis- loss of sensitive sources whenever we program’s budget from $30 million to siles, and India’s recent nuclear tests de´marche a supplier country or let only $15 million. This is a short-sighted could lead Pakistan to test as well. It classified information leak to the step at precisely the wrong time. Under was hard enough to maintain the ‘‘bal- press. U.S. diplomacy cannot move its new program manager, IPP is fi- ance of terror’’ between the United every supplier to stop every unwise nally bringing projects to the point of States and the Soviet Union. Can India shipment, and economic sanctions are commercialization. Fifteen projects and Pakistan maintain that balance a tool that succeeds only occasionally. have achieved completely commercial without descending into war, with India’s recent nuclear tests, in the face funding and 77 now have major private their history of border wars and bloody of U.S. law that forced the President to co-funding. terrorist incidents? I hope they can impose multiple sanctions, underscore If the IPP budget for FY 1999 is re- avoid a regional holocaust; but clearly, the difficulty of stopping a state once duced by $15 million, IPP will have to the risk of that is real. it has substantial indigenous capabili- cut back its new projects to find so- Russia, China, North Korea, and var- ties. cially useful employment for Russian ious Western companies have contrib- What ought to embarrass us, how- chemical and biological weapons ex- uted to India and Pakistan’s missile ever, is that we are failing also to take perts. Those weapons are well within and nuclear weapon programs. There actions that we know are workable. the reach of rogue states, as UNSCOM has been a profit motive in those deals, Thus, we combined the threat of sanc- has documented in Iraq. Do we really as well as supposed security interests tions with a promise of economic in- want to leave hundreds or thousands of on the part of China and Russia. centives to freeze North Korea’s nu- Russian experts underemployed, and But how valuable are company prof- clear weapons program. Can we not thus vulnerable to offers from the likes its, or foreign exchange for North offer similar multi-national incentives of Iran, Iraq, or Libya? Korea, if the result is nuclear war? to North Korea to stop exporting bal- We must not cut back one of the few Where is the security for China if ra- listic missile equipment and tech- programs to combat the risk that Rus- dioactive clouds should pass over its nology? Won’t that be cheaper than sian experts will sell critical material territory as its neighbors descend into battling No Dong missiles around the or expertise to those states. Given its chaos? world? important objective and the increasing The same questions apply to those Similarly, we are failing to reach success of the IPP program, restoring who would assist Iran or Iraq to de- most of the highly-trained scientists the $15 million cut is truly the least we velop weapons of mass destruction. and technicians who developed weapons can do.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5381 Another important non-proliferation counts of Russia’s massive biological Russia’s biological weapons experts to tool is the Nonproliferation and Disar- weapons program, are making their apply their knowledge in safer areas of mament Fund, which is managed by mark on our psyche. We are beginning research and development, as well as the State Department. This fund has to accept that, whether U.S. military the small program for those Russian been used for several urgent and sen- planners wanted biological weapons or experts who continue to work with sitive non-proliferation operations over not, other countries and terrorist dangerous pathogens. I will introduce the years, including the purchase of groups might be all too happy to try legislation to remove any legal road- unsecured highly enriched uranium them out. Thousands of Russian sci- block and create that larger program. from Kazakhstan. The flexibility that entists and technicians have biological THE ‘‘NUCLEAR CITIES’’ INITIATIVE it affords policy makers to take advan- weapons experience, and a rogue state On April 27, the Russian Ministry of tage of non-proliferation opportunities assisted by such personnel could cause Atomic Energy announced plans to is a vital resource. unspeakable harm. sharply reduce the number of institu- Recent operations have taken their The National Academy of Sciences, tions involved in nuclear weapons re- toll, however, on the Nonproliferation using Nunn-Lugar money from the De- search and production. The cuts will and Disarmament Fund’s reserve. The partment of Defense, is working with begin this year, and in five to seven Fund had a $12 million reserve at the the International Science and Tech- years Russia may close a dozen nuclear beginning of Fiscal Year 1997, but only nology Center in Moscow—a multi- weapons research and production fa- about $4 million by the beginning of country program managed by the State cilities. FY 1998. Annual appropriations of $15 Department—to support cooperative This is big news. The Russian Federa- million, while welcome, give the Fund research projects with Russia’s civilian tion is finally admitting—publicly— insufficient flexibility to truly fulfill biological weapons experts. This is an that its nuclear establishment is far its mission. interesting program which encourages too large. From the standpoint of our We need to increase our investment those experts to find socially useful strategic arms relationship with Rus- in the Nonproliferation and Disar- outlets for their biological weapons ex- sia, downsizing of the ‘‘nuclear cities’’ mament Fund, either by establishing a pertise. is a welcome step. higher annual funding level or at least But the National Academy’s program But what will become of the sci- by replenishing the Fund’s reserve. Our also keeps these experts working with entists and technicians who do not stay nation has received good value from dangerous pathogens, rather than ap- in the downsized Russian nuclear establishment? There are over 100,000 the Fund in the past, and we should do plying their skills in less dangerous personnel in those ‘‘nuclear cities.’’ what it takes to keep the Fund areas of work. So if you’re a Russian Let’s say that 25,000 stay with the con- healthy. biological weapons expert who wants to solidated Russian labs, and that only a A third important program is the En- get out of that nasty business, you may quarter of the rest have skills that a ergy Department’s Material Protec- find yourself unemployed—or recruited rogue state or terrorist group would tion, Control and Accounting (or MPC by rogues. But if you want to stay on like to buy. That would still leave & A) program, which has been upgrad- the fringes of it, the United States will 20,000 underpaid or unemployed experts ing security at Russia’s nuclear sites. help you. on the market. What will be done to re- This program uses a lab-to-lab ap- Does that make sense? I don’t think duce the risks posed by that large pool proach that builds trust and coopera- so, although it’s true that this program of desperate people? will give us useful windows into the tion. It has forged ties with every sin- One answer is the Nuclear Cities gle Russian nuclear facility of concern. work of these personnel—and perhaps Initiative. In March, Vice President This program not only improves secu- some lines into Russia’s Ministry of GORE and then-Prime Minister rity, but also encourages transparency Defense labs that we fear may be en- Chernomyrdin agreed to develop a new regarding Russian operations and helps gaged in illegal biological weapons initiative for Russia’s vast complex of to build ties that can lead to projects work—for about $8 million per year. ‘‘nuclear cities,’’ each the equivalent of Don’t blame the National Academy under other non-proliferation assist- our Los Alamos or Oak Ridge National of Sciences, however, or even the De- ance programs. Laboratories. Last month, Energy Sec- The time is ripe to apply the same partment of Defense. The original 1996 retary Pen˜ a and Russia’s new Minister lab-to-lab approach to Russia’s chem- contract between those organizations of Atomic Energy, Yevgeny Adamov, ical weapons sites. Russia has declared called for the Nunn-Lugar money to be signed an agreement to begin this some 40,000 metric tons of chemical used ‘‘to support the conversion of initiative. weapons stocks that must be destroyed former Soviet BW research personnel The ‘‘Nuclear Cities Initiative’’ is a under the Chemical Weapons Conven- to work on international public health major step that deserves our whole- tion. Physical security for those toxic issues.’’ hearted support. It would include busi- chemicals is only rudimentary: guards, But that changed after we passed a ness training for Russian personnel and fences, and single-key padlocks that law to prevent Nunn-Lugar money a major effort to find commercially are sometimes falling apart. While a from being used for defense conversion. viable projects to provide jobs for rogue state might have to steal and That law is section 1503 of the National former nuclear weapons experts. Fiscal transport a ton of this material to gain Defense Authorization Act for Fiscal Year 1999 funding of $30 million, say, a militarily useful amount, a terrorist Year 1997. I suppose it was adopted be- would get that initiative off to a good group could wreak havoc with much cause defense conversion is difficult start and might be matched by some of smaller quantities. and costly. That’s true. But here we the money that Russia receives for its We should encourage the MPC & A are, with a law that lets us keep sev- weapons-grade material sold to the program to help Russia slam the door eral hundred experts working with dis- United States. on that risk. A $10 million start in Fis- eases that Russia developed as weap- But I doubt that even this initiative cal Year 1999 would be money well in- ons. But it won’t let us help those ex- will be enough. For one thing, the ob- vested. perts—or a few thousand others who stacles to finding commercial funding I have written to the Armed Services used to work on those weapons—to for viable civilian projects are really Committee and the relevant appropria- move into really useful work on the substantial. Personnel in the ‘‘nuclear tions subcommittees regarding these many other diseases that afflict man- cities’’ were isolated for decades from programs, which I hope will be ad- kind. even the Soviet Russian economy, to dressed in their bills. If they are not, I We can understand why that law was say nothing of market economics. Rus- will work with other concerned col- adopted. But as Mr. Bumble says (in sian legal and political structures are leagues to raise these issues on the Charles Dickens’s ‘‘The Pickwick Pa- still unresponsive, moreover, to the floor. pers’’), sometimes ‘‘the law is a ass, an needs of foreign investors. WEANING RUSSIANS AWAY FROM BIOLOGICAL idiot.’’ That law needs to be changed, Russian officials often ask for an WEAPONS to allow the National Academy’s origi- ‘‘investment conference’’ to put them Revelations regarding Iraq’s biologi- nal concept to go forward. We need a directly in touch with prospective in- cal weapons, along with defector ac- much larger program to encourage vestors. I propose a more useful jump-

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5382 CONGRESSIONAL RECORD — SENATE May 22, 1998 start of the commercialization process: lomats to solve some of the conflicts The Senator from Delaware just made a presidential commission with sub- that tempt countries to amass and use the point that this bill we are intend- stantial representation from U.S. in- weapons of mass destruction. ing to vote on today contains two very dustry. Most U.S. firms will not yet Increased investment in non-pro- different pieces of legislation in it. risk real money on new technology liferation assistance will not solve all Title I is of the Iran missile prolifera- from Russia’s isolated laboratories. our proliferation worries. But it will tion sanctions. That goes on for twelve But 50 years ago, an automobile com- help—at a cost that we can afford. I pages. Title II is the Chemical Weapons pany president showed Western Europe plan to introduce legislation to do this. Convention Implementation Act. That how to recover from World War II. Our Let me make clear that the defi- goes on for 82 pages. high-tech industrialists might best be ciencies in our non-proliferation pro- I will speak about the Chemical able to get Russia to create an inviting grams do not reflect a lack of vision on Weapons Convention Implementation business climate. the part of Congress or the executive Act for just a few minutes. Much of BEYOND COMMERCIALIZATION branch. Rather, they stem from the what I want to say is good news. Imple- Finally, we must ask ourselves daunting and multi-faceted nature of mentation of the treaty is making im- whether our current non-proliferation the challenge we face. portant and significant progress. It has programs are ‘‘penny wise and pound Helping Russia to reduce and reori- been just over a year since the treaty foolish.’’ Does it really make sense to ent its vast defense complex is an un- entered into force. As of May 14, 1998, bar funding for defense conversion, ex- precedented activity. The task requires 168 nations signed this historic treaty; cept in programs that find commercial multiple efforts; what works for mis- 108 nations have ratified the treaty. sponsors? Maybe there will never be sile dismantlement under the START This is a landmark treaty that pro- enough commercial sponsors to employ Treaty may not be appropriate to vides us with the means to rid the Russia’s experts in ballistic missiles or chemical weapons destruction or to of- planet of an entire type of lethal weap- weapons of mass destruction. That is a fering new careers to biological weapon that could threaten every one of our real possibility. So, do we just walk ons experts. nations. away? Do we tell them to pack their We have had to start with small bags and move to Iraq, Iran, or Libya? steps, moreover, and for good reasons. The threat has already been effective The law also bars using Nunn-Lugar First, each program can succeed only in identifying nations with chemical funds for environmental clean-up ef- once it gains the trust and cooperation weapons capabilities. Among the forts in the former Soviet Union. Such of former Soviet experts and bureauc- Chemical Weapons Convention states funds should not be used simply for en- racies. Second, a massive effort could possessing chemical weapons capabili- vironmental objectives. But what if become unbearably costly. And third, ties are some of the countries we have that’s the safest way to use the talents we must make sure that our programs been talking about extensively here in of nuclear, chemical or biological arms support reorientation of defense facili- the rest of this debate: Russia, China, experts? Why isn’t any socially useful ties, rather than unwittingly under- India, Pakistan, Iran. I point out that employment of those personnel worth writing the development or export of China and India were among the states subsidizing, in order to keep them in- weapons of mass destruction. So we that previously denied having chemical side their own countries and away from must see what works, adapt, and build weapons. So by opening their facilities their original areas of expertise? upon the successes. to inspections required by this conven- The key to this puzzle is the word To truly succeed, however, we must tion, those states were forced to dem- ‘‘subsidizing.’’ Is that what we want to not be afraid of building something big. onstrate their ability to provide chem- do? Not ideally. But is it a reasonable We should seek international partici- ical weapons. approach when others do not suffice? pation and financing. But even the There is a lot of good news that I Or is it our primary objective to make most expensive programs, if well con- want to allude to here, but let me point Russia’s weapons experts adapt to a ceived and executed, will be bargains out three concerns that I have that capitalist economy, even if the result compared to the cost of even a single people need to be aware of as we go for- is to leave some of them poverty- war in which weapons of mass destruc- ward with this debate and the vote that stricken and prey to offers from less tion were used against our troops or is intended here. squeamish countries? our cities. The first of these concerns relates to I am not afraid to subsidize Russian Let me return, then, to the question the fact that the treaty requires an ini- arms experts, if that’s what it takes to I posed at the beginning: How will his- tial declaration of capabilities of both keep them out of their old trades. We torians characterize this decade? In- government and commercial entities spend billions of dollars on defense. deed, how will historians characterize for all states that are party to the We’re already looking at over $700 mil- the efforts of this body? Will we be seen treaty. So far, there are 28 countries, lion in non-proliferation assistance re- as having seized the opportunity of this including Iran, that have failed to sub- quested for next year. That may em- decade? Or will historians say that we mit their initial declarations. The ploy 10,000 or 12,000 people. (Much of were still too enamored with weapons, Technical Secretariat for this conven- the money goes for equipment used in too cheap to pay the price of peace? In tion must ensure that those declara- weapons security or dismantlement.) the coming weeks and months, we will tions are forthcoming, and other Why not add another $250 million per have a chance to put our money where states’ parties should take measures to year—with Russia putting up some our hopes are. I call on my colleagues ensure their compliance. funds as well—to employ another 20,000 to join together in taking at least the or more Russian specialists on unre- little steps, and perhaps some big ones One of the unfortunate facts I want lated projects, so long as they help as well, toward a more comprehensive to point out is that the United States their country and stay away from program of non-proliferation assist- is one of the states that is not in com- weapons work? ance. We will not only feel good doing pliance. The U.S. Government has de- Does that sound too much like wel- that, we will do some good, as well. clared government-owned facilities re- fare? Call it welfare, if you wish. But The PRESIDING OFFICER. The Sen- lated to its chemical weapons program, ten years of that welfare will purchase ator from New Mexico. but we have yet to declare commercial a lot of security for us. Those will be Mr. BINGAMAN. Madam President, I industrial facilities required for the ten years of dramatically reduced risk have been authorized by the Senator treaty. This is an important matter to that the fallout from the collapse of from Michigan to use up to 8 minutes which I hope the administration is de- the Soviet Union will be radioactive. of the time that he still has reserved. I voting priority attention. If the treaty They will be ten years in which many ask unanimous consent to speak for 8 is to be an effective vehicle as we in- Russian experts will retire and no minutes. tend it to be, our leadership in imple- longer be of concern, ten years for the The PRESIDING OFFICER. Without mentation efforts will be critical to its Russian economy to recover and em- objection, it is so ordered. ultimate success. ploy the rest of its skilled scientists Mr. BINGAMAN. Madam President, I There are two other matters I want and technicians, ten years for dip- speak about the other part of this bill. to mention here. The first concerns

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5383 section 234(f) of this treaty, of this im- Mr. WYDEN. Madam President, I ask may soon have the capability to begin plementing language in H.R. 2709 re- unanimous consent to speak up to 8 assembling and testing ballistic mis- garding the analysis of chemical sam- minutes on the Iran Missile Prolifera- siles capable of reaching Israel and ples that may be taken during an in- tion Act and have that time charged to other vital targets in the Middle East. spection. The provision contained in Senator LEVIN who will be offering an Russian companies are providing Iran the legislation before the Senate, amendment. That is pursuant to Sen- with crucial technologies, including though perhaps desirable for our pur- ator LEVIN’s desire, as well. wind tunnels for the design of missiles, poses, our limited purposes, could re- The PRESIDING OFFICER. Without lasers, and special materials for missile sult in a circumstance that we would objection, it is so ordered. construction. There are even reports of not want to see happen. Mr. WYDEN. Madam President, it is over 9,000 Russian advisers working in Let me explain. Provisions in the hard to imagine a greater threat to Iran on a variety of military projects, treaty regarding permissible equip- international stability than the rogue and Iran tested a Soviet-designed rock- ment to be brought in by an inspector nation of Iran coming into possession et engine last year. restrict their qualitative analytical ca- of weapons of mass destruction. Iran, one of America’s foremost self- pabilities. These restrictions could There are three important reasons proclaimed enemies, has been linked to quite feasibly lead to ambiguities in why the Iran missile proliferation act numerous terrorist attacks, ranging analysis. It could require that a sample should be passed at this time. from taking hostages and hijacking receive additional examination. Under First and foremost, the Iran missile airlines to carrying out assassinations the treaty’s provisions, the analysis proliferation act is, above all else, a and bombings. should be conducted at three labora- nonproliferation measure. It is in- Now is the time to send a clear signal tories designated by the Technical Sec- tended to halt the spread of missile to the world community that selling retariat. Only one of those laboratories technology to Iran. With the alarming missile technology to Iran is totally unacceptable. I urge my colleagues to is located in the United States and the news that India has tested nuclear support this vital measure, which other two lie outside our borders. weapons and, in reaction to this, Paki- takes concrete steps to halt the spread Section 234(f) in this implementing stan is now considering testing its own of ballistic missile technology to Iran legislation would require that no sam- weapons, we see the prospect of a dan- and will act to support the preserva- ple taken in the United States is al- gerous spread of nuclear technology lowed to be examined out of our bor- tion of peace and stability in the Mid- that only underscores the need for fur- dle East. ders. So clearly we are putting in law ther U.S. resolve in combating the pro- here a provision which contravenes the Madam President, I yield the floor. liferation of weapons of mass destruc- The PRESIDING OFFICER. Who terms of the treaty. It is evident to me tion. yields time? this is a problem that needs to be ad- The second reason this legislation is Mr. KYL. Madam President, I am in- dressed at some stage in some way. important now is because of the lack of formed the yeas and nays have not The second matter that I want to cooperation on the part of the Rus- been requested. bring to people’s attention is the right sians. Generally, the United States and At this time, I ask for the yeas and to refuse challenge inspections. During the Russians have a clear, common in- nays. the early days of negotiating the terest in halting the spread of ad- The PRESIDING OFFICER. Is there a Chemical Weapons Convention, mem- vanced weapons technology, including sufficient second? bers of President Reagan’s team in- missiles. Although there has been some There is a sufficient second. sisted that all countries must allow movement within Russia to halt the The yeas and nays were ordered. challenge inspections to occur at any spread of missile technology to Iran, Mr. KYL. Madam President, Senator time in any place. They did so in order there is clearly not enough being done. LEVIN has time, and he is prepared to to ensure that this very difficult treaty Coupled with reports that Iran may be proceed. could have some real teeth in it. Unfor- actively acquiring biological, chemical, The PRESIDING OFFICER. The Sen- tunately, the legislation that we have and even nuclear weapons, the case for ator from Michigan is recognized. before the Senate today would give the Mr. LEVIN. How much time do I this legislation is clear. have? President the power to deny a request Finally, this legislation is needed to The PRESIDING OFFICER. The Sen- for a challenge inspection if he deter- bolster our Iran policy and to send a ator has 25 minutes 40 seconds. mines that the inspection could pose a clear signal that the United States will threat to national security interests of Mr. LEVIN. Madam President, the not tolerate the spread of missile tech- the United States. amendment that I will be sending to nology to Iran. Earlier this week, The problem with this provision is the desk will change the trigger date that assigning ourselves the right to President Clinton decided to grant a for sanctionable activity from August refuse a challenge inspection obviously waiver from the Iran and Libya Sanc- 8, 1995, which is currently in the bill, to raises the prospect that others may tions Act to a huge energy project by a January 22, 1998. I will explain why I also choose to refuse a challenge in- French firm and others. Many of my am seeking to do that in the next few spection, and that guts a key provision colleagues and I urged the President minutes. of the treaty that we intended to see not to grant this waiver; yet, a deci- The bill the Senate is debating re- enforced. sion was made to do so. I believe that quires the President to submit periodic I hope that these are matters that this sends the wrong signal to the reports on foreign persons who, on or can be corrected. I think it is unfortu- international community with respect after August 8, 1995, have provided or nate that this legislation has come to to investment in Iran. attempted to provide material, tech- us on the floor with these particular Foreign investment could enable Iran nology, technical assistance, or facili- two provisions in it. I hope very much to rebuild its energy sector and vastly ties that contributed to Iran’s efforts that we can find some solution to this increase its economic strength, allow- to acquire, develop or produce ballistic either in future legislation or in some ing it to acquire vast assets that it missiles. Those who are identified as action by the administration. could use to re-arm and acquire ter- assisting Iran’s ballistic missile effort The Chemical Weapons Convention is rible weapons of mass destruction. will be subject to sanctions for at least a very important treaty that we have While I disagree with the President’s two years, preventing them from buy- entered into. We have every reason to decision to grant the waiver for the ing military equipment and tech- want to see it be effective. These two French and Russian energy project, I nology, and controlled dual-use goods provisions that I have pointed to un- feel even more strongly about the and technology, and from receiving dermine the effectiveness of it and also transfer of missile technology to Iran. U.S. economic aid. undermine our credibility in trying to Let us make no mistake about it, The bill includes two waiver provi- urge other states to comply with the Iran has become the most serious sions, one in case the President learns treaty. threat to stability in the Middle East. of new information that shows that a I yield the floor. Israeli and American intelligence have foreign person did not provide assist- The PRESIDING OFFICER. The Sen- recently discovered that, due largely to ance initially included in one of the re- ator from Oregon is recognized. technology obtained from Russia, Iran quired reports, and one in case the

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5384 CONGRESSIONAL RECORD — SENATE May 22, 1998 President determines that imposing want stopped, and which the world and that reinforces its effectiveness in- sanctions would not be in our national needs stopped, in fact have stopped. stead of ignoring its issuance. security interest. However, in January of this year, the Madam President, it is not clear to I am a cosponsor of this legislation, Russian Government took an impor- me that all the activities of the Rus- and I strongly support the legislation’s tant step that we had been encouraging sian entities that have or could con- goal, Mr. President—to stop assistance them to take for some time. On Janu- tribute to Iran’s ballistic missile pro- to Iran’s ballistic missile program by ary 22, then-Prime Minister of Russia, gram would even be proscribed by the foreign entities. Viktor Chernomyrdin, issued a broad Missile Technology Control Regime I am concerned, however, about the decree, known as the ‘‘catch-all’’ de- that the Russians signed in August of bill’s use of August 8, 1995 as the trig- cree, to strengthen export controls 1995. But the January 22 decree, being ger date for determining behavior to be over all dual-use goods and services much broader, would prohibit those ac- sanctioned. that could be used to proliferate either tivities because they fit under the de- My amendment would change the weapons of mass destruction or the cree’s broad category of ‘‘export trans- trigger date in the bill for determining missiles to deliver them. actions involving any dual use goods or behavior to be sanctioned from August This decree states that Russian enti- services’’ that ‘‘may’’ be used to de- 8, 1995 to January 22, 1998. This is the ties engaged in foreign trade ‘‘shall re- velop or employ nuclear, chemical, or date on which the then-Prime Minister frain from export transactions involv- biological weapons or the missiles to of Russia, Viktor Chernomyrdin, ing any dual-use goods or services not deliver them. signed a government decree to subject to Russian Federation export So, summarizing the amendment, the strengthen Russian export controls on control regulations should such enti- amendment strengthens the original dual-use items that could be used ei- ties be aware that such goods and serv- intent of the bill. It recognizes the ef- ther for weapons of mass destruction or ices will be used to develop or employ forts of the Russian Government to ad- for missiles to deliver such weapons. nuclear, chemical or biological weap- dress the problem of assistance to Madam President, we need to ons or missile means of delivery . . .’’. Iran’s ballistic missile program strengthen the President’s ability to The decree goes on to state that through the January 22, 1998, decree. apply sanctions to foreign entities— ‘‘Should Russian entities engaged in By using that decree as the trigger whether individuals, companies or edu- foreign trade have reason to believe date for behavior that is sanctioned, cational institutions—that provide as- that such goods and services may be the bill reinforces that decree, both sistance of any kind to the current ef- used for the aforesaid purposes, they recognizing the action that the Rus- forts of Iran to develop ballistic mis- shall submit the pertinent application sians took at our request and using the siles that could threaten their neigh- to the Russian Federation Govern- restrictions in that decree which are bors. mental Commission on Export con- more comprehensive than those en- But I believe that the more appro- trol.’’ tailed by the Missile Technology Con- priate trigger date for the behavior Madam President, this Russian de- trol Regime. subject to sanctions is January 22, 1998 cree is a broad and sweeping prohibi- Our Nation shares a common goal rather than August 8, 1995 for the fol- tion on the export of any goods and with Russia of trying to stop all assist- lowing reasons: services, if there is reason to believe ance from Russian entities to Iran’s The United States Government has that those goods or services could be missile program. Russia has taken been working with the Russian Govern- used to develop or employ a weapon of some steps, but more steps and more ment intensely for the last few years to mass destruction or the missiles to de- cooperation are needed. I believe that encourage them to stop all assistance liver them. if we acknowledge the efforts they have by any entity in Russia to Iran’s ef- Our Government strongly encouraged taken and encourage them to continue, forts to develop a ballistic missile. Our the Russian Government to issue that we can avoid a counterproductive re- government has engaged the Russian decree. sult. That result could make it harder Government at the highest levels— And of great significance, the Janu- for Russia to succeed in its efforts to President Clinton directly to President ary 22 decree is broader and stronger stop such assistance. And our goal Yeltsin—and at numerous levels below than the Missile Technology Control should be just that—to do what works, the Presidents. Vice President GORE Regime. The Missile Technology Con- to do what leads to a better result. made this a crucial and central issue in trol Regime deals only with the pro- In all likelihood, if this legislation the Gore-Chernomyrdin Commission, liferation of missile technology for cer- becomes law with my amendment, it and put this on then-Prime Minister tain classes of missiles. The January 22 will still require sanctions to be ap- Chernomyrdin’s agenda for immediate decree is an effort by the Russian Gov- plied, because there is evidence that attention. In addition, the Administra- ernment to strengthen controls over some Russian entities have provided tion appointed Ambassador Frank Wis- the export of technology, goods, and assistance to Iran’s ballistic missile ner to work with his specially ap- services that can lead to the prolifera- program since January 22, 1998. pointed Russian counterpart, Yuri tion of all weapons of mass destruction Finally, I note that the bill before Koptev, the head of the Russian Space as well as the missiles to deliver them. the Senate contains two Presidential Agency, to seek progress in stopping So this decree covers the weapons of waivers. They are there for important assistance from Russian entities to mass destruction and their components reasons. The more significant of the Iran’s ballistic missile program. and the materials that go into them. It two waivers is a national security Ambassador Wisner was recently suc- is much broader than the Missile Con- waiver which the President can use to ceeded by Ambassador Robert Gallucci, trol Technology Regime, which just re- waive the imposition of sanctions if the diplomat who negotiated the North lates to missiles. The Missile Tech- doing so ‘‘is essential to the national Korean Agreed Framework and led nology Control Regime, to state it security of the United States.’’ UNSCOM inspection teams in ferreting more correctly, covers just missiles, This legislation is not intended to out Iraqi weapons of mass destruction whereas the Chernomyrdin decree of force the President to impose a sanc- after the Gulf War. So our government January 22 covers the weapons of mass tion if doing so would harm U.S. na- has been highly energized and moti- destruction that we are trying to pre- tional security. If the President deter- vated and they deserve credit for their serve and protect the world from, as mines that it is necessary for him to efforts, which are continuing still. well as the missiles that could deliver waive the imposition of sanctions in These efforts have met with mixed them. the interest of national security, then success. In some cases, the activities This is an important step by the Rus- under this bill he may do so. That is in have stopped. In other cases, the ac- sian Government. That decree, which the bill itself. That is not touched by tivities have continued. And in other we pleaded with them to adopt and to my amendment. But that is why the cases, the information is inconclusive publish, deserves to be supported and waiver is included in the bill before us. as to whether or not the activities that deserves to be encouraged. Madam President, I believe that the the Russian Government has said they My amendment uses their decree as sponsors of the bill have indicated sup- are trying to stop and which we surely the basis for our action—their decree— port for my amendment. Senator KYL

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5385 is on the floor. I will let him speak for seeks—at a minimum—to ‘‘grand- tern of missile technology transfers to Iran himself in that regard. father’’ Russian missile proliferation by Russian enterprises, institutes, and indi- I yield the floor. I appreciate their activities before January 22, 1998. But I viduals, with direct and indirect Russian support. will not oppose this amendment be- Government involvement, in violation of Mr. KYL. Madam President, the Russian commitments under the Missile cause, among other things, prolifera- Technology Control Regime (MTCR). Rus- amendment is acceptable to everyone tion on the part of these companies has sian assistance could significantly accelerate on this side that I know of. Therefore, been so rampant even since January 22, Iran’s indigenous missile program . . . we can move the process along and 1998 that few companies in Russia, if have it accepted formally and conclude any, will benefit from this shift in There is ample intelligence informa- the debate. I think our colleagues dates. tion that supports this assessment, and would appreciate having the oppor- Mr. LEVIN. Mr. President, I yield the I believe it is important for Senators to tunity to vote. remainder of my time so we can, hope- have the opportunity to review this information. Therefore, Senator KERREY AMENDMENT NO. 2444 fully, adopt this amendment. and I directed the Select Committee on (Purpose: To change the date of behavior The PRESIDING OFFICER. All time subject to sanctions relating to Iran mis- is yielded. The question is on agreeing Intelligence staff to prepare a compen- sile proliferation) to the amendment of the Senator from dium of the classified intelligence reporting on this subject and it is avail- Mr. LEVIN. Madam President, I send Michigan. able for Senators to review in S–407. an amendment to the desk. The amendment (No. 2444) was agreed The PRESIDING OFFICER. The to. My second point is that the Adminis- clerk will report. Mr. LEVIN. Mr. President, I move to tration’s failure to stop Russia from The bill clerk read as follows: reconsider the vote by which the providing assistance to Iran’s missile amendment was agreed to. The Senator from Michigan (Mr. LEVIN) program is only part of the broader proposes an amendment numbered 2444. Mr. KYL. I move to lay that motion failure of the Administration’s non- on the table. proliferation policy. Mr. LEVIN. Mr. President, I ask The motion to lay on the table was There is an ongoing pattern of assist- unanimous consent that reading of the agreed to. amendment be dispensed with. Mr. SHELBY. I rise in support of the ance by Russia, China, and North The PRESIDING OFFICER (Mr. ROB- Iran Missile Sanctions Act, H.R. 2709. Korea to rogue states and to other ERTS). Without objection, it is so or- Mr. President, I would like to make states such as India and Pakistan. dered. three important points regarding this There is also a pattern of weak Clinton The amendment is as follows: legislation. Administration response to this pro- On page 2, beginning on line 15, strike out First, the Administration’s efforts to liferation. There is a connection. The ‘‘August 8, 1995—’’, and insert in lieu thereof get Russia to stop assisting Iran’s bal- Indians cited the weak Clinton Admin- ‘‘January 22, 1998—’’. listic missile program have been an istration response to China’s prolifera- On page 6, beginning on line 24, strike out abysmal failure. tion of missiles and nuclear assistance ‘‘August 8, 1995—’’, and insert in lieu thereof to Pakistan as one of the reasons they ‘‘January 22, 1998—’’. Second, there is a broader failure of United States proliferation policy—a decided to test nuclear weapons. Mr. KYL. Mr. President, there is a failure of monumental and potentially Some states seek weapons of mass reason why this bill picks August 8, deadly proportions. destruction for prestige or in an at- 1995, as the date after which Russian Finally, the Senate must now take a tempt to enhance their global role. companies should be sanctioned for greater role in addressing the prolifera- Countries like India and Pakistan jus- their proliferation behavior. The rea- tion crisis. Passage of the Iran Missile tify their efforts by citing regional se- son for this is very simple: August 8, Sanctions Act is a first step. curity concerns. 1995, was the date upon which Russia Since the fall of the Soviet Union, Others like Iraq, Iran, and North joined the Missile Technology Control many in the United States have been Korea seek these weapons to threaten Regime (MTCR). In so doing, the Rus- greatly concerned that Russian enti- and intimidate their neighbors, in par- sian Government undertook an inter- ties were providing assistance to other ticular U.S. friends and allies, to national obligation to curtail its pro- state’s ballistic missile programs. As threaten forward-deployed U.S. forces, liferation behavior. Unfortunately, as evidence mounted, the Clinton Admin- and ultimately to threaten the United we have seen, the Government has not istration responded with diplomatic ef- States itself. lived up to that pledge. forts from the working level up At the time that the United States through the high level Commission Such states do not wish to confront favored Russian membership in the chaired by Vice President GORE. Diplo- U.S. conventional military forces—the MTCR, the Senate was assured by the matic efforts were supplemented with best in the world—with conventional Clinton Administration that Russia economic incentives. weapons alone. They prefer to threaten had all of the necessary, effective ex- When additional reports of new and our forces, or our cities, with asym- port controls in place. Well, we see just ongoing assistance emerged, including metric weapons of mass destruction to how accurate that claim proved to be. transfers to Iran in probable violation deter us from carrying out policies to Two years later the United States of the Missile Technology Control Re- protect our global interests. began uncovering evidence of the de- gime, Congress waited for the Adminis- If states believe they can change the gree to which Russian assistance has tration to impose the sanctions re- calculation of risks and benefits, they sped up Iran’s missile program. quired. When sanctions were not im- have a strong strategic incentive to ac- In retrospect, clearly the United posed, some in Congress sought addi- quire these missiles. Our near-total States should have waited until an ef- tional legislation to ‘‘encourage’’ the vulnerability to the ballistic missile fective, Russian export control regime Administration to impose sanctions. threat only furthers their incentives. had been established before favoring The Administration again urged the Without stronger disincentives, other Russian membership in the MTCR. As Congress to wait—to give the diplo- states will continue to seek the finan- an aside, I hope the Clinton Adminis- matic process more time, to give the cial, political, and strategic advan- tration will learn from this experience. Russians time to get an enforcement tages that may be gained through There has been a great deal of talk mechanism in place. Administration proliferation, and through taking lately about encouraging China to join officials have repeatedly assured us advantage of our patience and the MTCR. I would hope that the that they have the problem under con- vulnerabilities. United States would wait an appro- trol. priate period of time to see whether They are wrong. They have repeatedly offered carrots China’s export controls are truly effec- The Congressional Research Service without wielding or credibily threat- tive enough to warrant membership in summarizes the situation aptly when it ening the stick. the MTCR. reports that: Indeed, in many disturbing ways, the Finally, I have reservations about Despite official denials from Moscow Administration’s policies toward Rus- the Levin amendment, because it through 1997, evidence is growing of a pat- sia and China may have enabled or

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5386 CONGRESSIONAL RECORD — SENATE May 22, 1998 even encouraged proliferation. By fail- ways. It has reduced the likelihood of a licly estimated that, largely as a result ing to respond to dangerous prolifera- large-scale conventional conflict on of this assistance, Iran could soon field tion acdtivities to the maximum ex- the European continent. It has made it missiles with sufficient range to tent possible under domestic and inter- much less likely that either the United threaten the entire Middle East. national law, they have led others to States or Russia will intentionally use Where people differ is over what to do question the will and ability of the nuclear weapons against the other. And about this assistance. United States to take strong measures it has allowed us to meet the remain- Opponents of H.R. 2709 argue the to punish proliferators. ing threats to our security with slight- bill’s sanctions are a blunt instrument Unfortunately, the Executive Branch ly smaller defense budgets. These are that will not achieve the intended re- has not yet come to this realization. obviously positive developments. sult of stopping Russian assistance. It appears to be difficult to get this On the other hand, the post-Cold War They prefer to allow more time for the Administration to act with resolve, ei- period has been marked by the emer- Administration’s diplomatic efforts to ther by adding backbone to its pro- gence of a new threat—the spread of bear fruit. liferation policies or by responding to weapons of mass destruction and the Mr. President, I take a back seat to existing and future threats by devel- means to deliver them. Let me run no one in my appreciation for the nego- oping additional means of deterrence down the current state of affairs with tiations the President and his advisers and defense. It is difficult to persuade regard to weapons of mass destruction. have conducted with their Russian them to make diplomacy and arms con- First, at the end of the Cold War, five counterparts on this complex issue. trol agreements tools of policy rather countries—the United States, Russia, These negotiations have produced posi- than policy objectives in-and-of them- China, Great Britain, and France—had tive tangible results. Russian coopera- selves. declared themselves nuclear weapons tion with Iran has ended in a few spe- However, the Congress can not sim- states. Unfortunately, as proven by In- cific cases. In addition, the Russian ply stand back and point our fingers at dia’s actions just last week, the true government has issued and agreed to the White House. We must do all that number in the nuclear club is much enforce decrees intended to stop the we can do to demonstrate that America larger. missile trade. Yet, despite the Administration’s has the will and the ability to respond. Second, the Pentagon suspects that best efforts and the progress they have We must provide adequate funding to as many as 20 countries have chemical engendered, and notwithstanding a the Intelligence Community and to our weapons programs, and that a slightly score of Russian promises, the fact re- military forces to detect and deter, and smaller number have biological weap- mains that Russian assistance to the to prevail when deterrence fails. We ons. Iranian missile program continues. must put in place the legislative mech- Third, the Defense Department be- After months of negotiation, it appears anisms to enforce a robust counter-pro- lieves that about 15 countries currently that talk alone is not going to be suffi- liferation policy. We must continue to possess ballistic missiles, and that the cient to end Russia’s involvement with force the Administration to disclose number could grow to more than 20 by Iran’s ballistic missile program. dangerous proliferation activities. And 2000. If we are to convince Russia and the we must make sanctions mandatory. It is these disturbing trends that the world that we intend to protect our- Challenging, deterring, and defending United States and many other nations selves and our allies, the time has against proliferation won’t be easy or in the international community are come for more than talk. If we are to cost free. But it is the right thing to trying to combat. enforce international law prohibiting do. Reversing these trends is a daunting transfer of ballistic missile technology, Mr. President, American lives are at challenge. If there is to be any chance it is time for action. stake. of even slowing the spread of this Mr. President, passage of H.R. 2709 is The Senate must act. Mr. President, threatening technology, the United the appropriate action to take at this I urge the adoption of the bill before States must act decisively and firmly time. However, Senate passage of H.R. us. when confronted with actions that vio- 2709 need not be the final word on this Mr. DASCHLE. Mr. President, I come late existing agreements designed to critical issue. If we adopt the Levin before the Senate today to indicate my proscribe this type of behavior. It is in amendment, the bill will go back to support for H.R. 2709, the Iran Missile this context that we must view efforts conference with the House. There is Proliferation Sanctions Act. by several Russian entities and individ- still a very limited amount of time for The message this bill sends to the uals to assist the Iranian ballistic mis- the Russian Government to convince international community is clear. The sile program. this Congress that it has heard our con- patience of the American people and The status of the Iranian missile pro- cerns and moved to end cooperation their elected representatives is not in- gram should be of particular concern to with the Iranian missile program. Fail- finite. If diplomacy fails to produce U.S. security officials. Iran is located ing an immediate and dramatic rever- satisfactory results, the United States in a critical region of the world. Vital sal in Russian behavior, it is time to is prepared to take decisive action to U.S. economic, political and military redefine the playing field for those cur- protect our security and that of our al- interests are at stake. rently violating these laws and those lies by imposing sanctions on those Tens of thousands of U.S. troops are contemplating future transgressions. who violate international agreements within easy reach of the Iranian mis- To those parties, enactment of the restricting the transfer of ballistic siles speeding through their develop- Iran Missile Proliferation Sanctions missile technology. ment stage. Act will underscore that the United In my judgment, it is time for Con- The entire state of Israel, a staunch States stands ready to defend its own gress to send this message. And it is ally and friend, would be well within security interests and those of our long past time for those who violate range of the Iranian missiles. close allies; that the United States will international agreements to heed the Concern about Iran’s intentions are do all it can to stem illegal efforts to message. further heightened by the fact that spread ballistic missile technology; and I appreciate that diplomacy has pro- many intelligence analysts believe the that the United States will ensure that duced some positive results in this area Iranian government has repeatedly violations of international law will not and may ultimately yield more supported and sponsored terrorist ac- go unpunished. progress. Nonetheless, these efforts fall tivities. I ask my colleagues to join with me short of what is needed to halt the ille- Both supporters and opponents of in voting for H.R. 2709. gal transfers. In the absence of imme- H.R. 2709 agree on one fact: Russian en- Mr. ALLARD. Mr. President, I rise as diate and conclusive evidence of a dra- tities and individuals have played an a strong supporter and a cosponsor of matic reversal of Russian behavior, important, if not crucial, role in the the Iran Missile Proliferation Sanc- stronger measures are needed, and H.R. Iranian ballistic missile program. Even tions Act of 1997. This bill addresses 2709 is an appropriate vehicle. Russian officials acknowledge the in- the very serious concern of prolifera- The end of the Cold War has affected volvement of Russian companies in tion of ballistic missiles. While this our national security policies in many these illegal activities. It has been pub- bill is directed at Iran, the problem of

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5387 proliferation is one of the United Even with these commercial inter- These missiles could destroy Tel States’ most serious problems. The ests, defense work still accounts for 60– Aviv. They could reach our NATO al- problem must be addressed. 65 percent of Rubin’s work. lies. They could threaten the thou- Iran has been actively pursuing bet- OPIC has tried to assure me that sands of American troops in the Gulf. ter and more sophisticated ballistic Rubin does not have access to assets of Russia has played a central role in missiles. If the Iranians acquire more the property until the OPIC loan is helping Iran to develop these weapons. long range missiles with a range of at paid in full and that they are moni- Despite past assurances, Russian sci- least 1300 miles, then many of our toring the situation. The problem is entists and engineers are using their troops and allies in the Gulf region will even after the loan is paid, OPIC will skills to threaten America’s national be seriously threatened. While we know have assisted in providing a flow of in- security. that Iran has already received some of come for Rubin to continue to build its The United States has done a lot to the missile components, we must stop Kilo class and nuclear ballistic missile help Russia build a prosperous democ- them from receiving the critical sup- submarines. Also, knowing Russia’s racy. Since 1991, we have given Russia port and know-how to move forward. record in proliferation and this legisla- over four billion dollars in assistance. There have been many reports of tion addresses this problem, I am We have done a great deal to build a technology transfers between Russia afraid that this project can only help cooperative partnership with Russia. and Iran. Russia has been actively as- Rubin in providing future funding for As the ranking member of the VA- sisting the Iranians in their efforts in these submarines. HUD subcommittee that funds the not only technology, but also in their Also, OPIC has said that they are as- space program, I have been a strong research and development programs. sured that only commercial activity is supporter of US-Russian cooperation While Russia has promised the Admin- taking place in this office complex. with the space station. istration that they are not doing this, Again, while this may be the case, the I supported Russia’s participation in even the Administration states that activity of concern is being used with the space program for three reasons: there is a real disconnect between their the funds becoming available to the 1. Their technical expertise words and their actions. company to engage in their military 2. To build stronger links between I believe that this bill is important activities. the United States and Russia to stop this disconnect and let the OPIC did say that this is a concern 3. To ensure that Russian scientists world know that this activity can and and that they are monitoring it but and engineers had civilian work—so should not be tolerated. If we do noth- that this is not a high priority. I be- they would not sell their skills to ing, then who will. I believe nobody lieve if this bill to stop missile pro- rogue governments will. And, if we do nothing, within a liferation is important enough to vote Russia has failed to live up to their year Iran could be capable of being able on then sales of submarines which can promises on the space station. I have to deploy missiles that could deliver deliver ballistic missiles, which may be no question of their technical com- nuclear or chemical warheads about 850 assisted with U.S. funds is just as im- petence. But I have strong concerns miles. These missiles could reach Tel portant. about their failure to meet their end of Aviv Israel, Turkey, Saudi Arabia and Mr. President, before I end I want to the bargain. They have not adequately many of the air bases where our Armed encourage all my colleagues to vote in funded their share of the space station, Forces are located. favor of the Iran Missile Proliferation resulting in delays and a cloud of un- But let me also address a problem Sanctions Act of 1997 and to take seri- certainty that hovers over the entire that is not being discussed concerning ous the problems of proliferation and program. serious military activity between Rus- the problems of being involved with Even more troubling is Russia’s role sia and Iran, with the assistance of the state controlled military complexes in the proliferation of weapons of mass United States. Last year, the Overseas who are engaging in commercial activ- destruction. Russia has exported tech- Private Investment Corporation be- ity in order to supplement their mili- nology, material and expertise to help came involved in an office complex tary activity and sales. Iran develop ballistic missiles. They project in St. Petersburg, Russia, the Ms. MIKULSKI. Mr. President: I rise can’t do this—and expect to have busi- Nevsky 25. This project is jointly in strong support of the Iran Missile ness as usual with America on the owned by a main U.S. investor in Golub Proliferation Sanctions Act. I am space program. & Company from Chicago with 10 per- proud to be a cosponsor of this legisla- Mr. President; our foreign policy cent ownership, the St. Petersburg tion. must reflect our values. We cannot Property Fund with 10 percent, Euro- This legislation is very simple. It stand by while any country threatens pean Bank for Reconstruction and De- says you can have normal economic our national security, or the very ex- velopment with 40 percent, and the and political relations with the United istence of our closest allies. I urge my Rubin Central Design Bureau for Ma- States—or you can join America’s en- colleagues to join me in supporting rine Engineering with 40 percent. emies in building weapons of mass de- this legislation. My concern is that the Rubin Central struction. You cannot do both. Ms. SNOWE. Mr. President, I rise in Design Bureau is a Russian state-con- This bill applies sanctions to organi- support of the Iran Missile Prolifera- trolled military company whose main zations that transfer missile hardware tion Sanctions Act of 1997. product line is military submarines. or technology to Iran. It would ban Last week, our nation’s intelligence Rubin is the builder of the Russian U.S. economic assistance and the ex- apparatus was surprised by the Indian Kilo-class submarine and has sold 4 port of technology to anyone who is government’s decision to test a hydro- Kilo submarines to Iran, 4 Kilo sub- helping Iran develop the means of gen bomb. Pakistan may follow suit marines and 2 Project 636 Kilo sub- using weapons of mass destruction. with a retaliatory test. The fact that marines to China, and counts Algeria Iran has a robust chemical and bio- last week’s test caught our intelligence as one of its customers. logical weapons program. As we debate community by surprise raises serious Rubin got involved in commercial ac- this legislation, Iran is building the questions about our ability to monitor tivities to supplement their submarine Shihab 3 missile. This ballistic missile such developments. However, while the production. They have become active could carry conventional, biological or prospect of a nuclear arms race on the in the field of oil and gas, high-speed chemical weapons to Israel, to the Gulf Asian subcontinent could threaten our rolling stock, power generation, and states or to American interests within long-term security interests, the marine ecology. 800 miles of Iran. United States enjoys productive rela- Igor Spassky, the Rubin Bureau Imagine these weapons in the hands tions with the two regional adver- head, is quoted as saying, of a country that is our sworn enemy. saries. The main reason for these commercial ven- A country that supports the most rad- Iran, however, is neither a democracy tures is to help us survive. There is a major responsibility for the company to preserve ical, anti-American terrorist organiza- nor a friend. While the new President, its intellectual potential and capability for tions on earth. A country that does ev- Mohammed Khatemi, is seen by some the design and development of submarines. erything it can to derail the Middle as a ‘‘moderate,’’ his government con- (Janes Navy International 11/1/96) East peace process. tinues a twenty year tradition of bitter

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5388 CONGRESSIONAL RECORD — SENATE May 22, 1998 hostility towards the United States. fought a war with Iraq—another state that could help Iran develop ballistic Iran remains opposed to the peace that may still be trying to acquire missiles. Once these suppliers have process, its role in the bombing of the weapons of mass destruction. We can- been identified, they would be subject Khobar Towers in Saudi Arabia in 1996 not allow Iran, just as President Bush to sanctions making them ineligible is still not known, and it is still vigor- did not allow Iraq, to assert control for export licenses and U.S. aid. ously pursuing efforts to acquire weap- over the majority of the world’s oil I believe this legislation will be a ons of mass destruction, including a supply. valuable tool in slowing Iran’s program nuclear capability. We must not be Mr. President, we should not view to develop ballistic missiles. I hope caught off guard with Iran as we have this bill as an anti-Russian statement. that the Senate overwhelmingly passes been with India and Pakistan. This bill does not detract from our sup- this legislation, and I want to thank When this measure was introduced port for Russian democracy or Mos- the Majority Leader, Senator LOTT, for last fall, I had hoped that events would cow’s efforts to build a strong free- all his hard work on this important prove it unnecessary. I furthermore re- market economy. However, it does re- issue. mained optimistic that the meetings of flect our concern over the actions of Mr. LAUTENBERG. Mr. President, I the Vice President with then Russian many firms in Russia that have an in- rise to support the Iran Missile Sanc- Prime Minister Viktor Chernomyrdin terest in trading with either rogue tions Act. I am a cosponsor of this leg- would have convinced Russia of the se- states or nations that are inclined to islation, and I hope the Senate will ap- riousness of the issue of Iran’s efforts develop the ability to deploy weapons prove it without delay. This legislation will impose sanc- to develop weapons of mass destruc- of mass destruction. Under this legisla- tions against entities—individuals, tion. tion, Russian firms will have to choose companies, and research facilities— I had hoped the Administration with whom they want to do business— that have provided Iran with the tech- would have done a better job of con- the United States or an Iranian regime nology and materials required to de- vincing the Russians of the seriousness that has yet to show the moderation velop ballistic missiles. Those identi- of this matter. I had hoped that the promised by the election of President Russian government would have real- fied as assisting Iran —or as attempt- Khatemi. Since persuasion and shared ing to do so at least once—will be sub- ized that whatever financial benefits intelligence with Russia may not be ject to sanctions for two years. These they get from such help to Iran are far sufficient to stop Iran from acquiring entities will be ineligible for export li- outweighed by the loss of investment dangerous weaponry, this bill has be- censes for arms or controlled goods and from the United States. Even more im- come regrettable but necessary. I urge technology. Additionally, they will not portantly, I had hoped that Russia my colleagues to support it today be- be eligible to receive U.S. assistance. would realize that such assistance to fore this menacing military threat The President would be authorized to Iran does not contribute to political from Iran grows even larger tomorrow. waive sanctions if he determines that stability in such a turbulent part of Thank you and I yield the floor. it would be in the U.S. national secu- the world. Unfortunately, none of these Mrs. BOXER. Mr. President, as an rity interest to do so or if additional original cosponsor of the Iran Missile developments have come to pass. information which demonstrates that I was disturbed to learn that Iranian Proliferation Sanctions Act, I cannot the alleged acts were not committed by nuclear officials just visited Moscow to stress enough the importance of this the sanctioned person is available. view a demonstration of gas centrifuge legislation and I am grateful that it is The need for this legislation is clear. technology—which if successfully mas- now being considered before the full There is growing evidence that Russian tered will provide Iran the easiest type Senate. companies and research facilities con- of material to use in a nuclear weapon. Iran’s desire to obtain ballistic mis- tinue to provide Iran with the techno- If such a sale occurs it would be a gross siles is a direct threat to peace and se- logical assistance and the materials violation of a promise made by Presi- curity in the Middle East, and there- necessary to develop ballistic missiles dent Yeltsin to the President in May fore, a clear threat to U.S. national se- capable of reaching U.S. forces in the 1995 when the Russians agreed not to curity. Limiting the spread of weapons Middle East and our stalwart ally sell centrifuges to Iran. This follows of mass destruction and ensuring sta- Israel. According to public reports, the sale of a radioactive gas called trit- bility in this strategic region must re- with the help of Russian entities, U.S. ium which can be used to increase the main among the highest priorities for officials estimate that Iran could de- size of nuclear warheads and that a sec- the U.S. and our allies. ploy the medium range Shahab 3 mis- ond sale is being discussed. Iran is a leading sponsor of inter- sile within 12 to 18 months. That mis- In addition to this development, I national terrorism and has been linked sile is capable of targeting Israel, other was disturbed to learn how close Iran to numerous bombings, hijackings, and Arab countries in the Middle East, and came to obtaining some 22 tons of mis- assassinations. This rogue nation pro- U.S. troops in the region. According to sile-grade stainless steel from Russia vides financial support and political public sources, Iran could also deploy as reported in the April 25th edition of training for terrorist groups such as the Shahab 4 missile within three the New York Times. While I do not be- the Islamic Jihad, Hamas, and years. That missile reportedly would be lieve Russia supports the further devel- Hezbollah. Just this week, the Argen- able to reach targets in Europe. opment of weapons of mass destruc- tine government announced they have The Russians are not building these tion, I am concerned about the Yeltsin proof that Iran was behind the 1992 missiles for the Iranians. Rather, Mr. government’s ability to stem the pro- bombing of the Israeli Embassy and the President, they are providing the mate- liferation of dangerous weapons tech- 1994 bombing of the Jewish Community rial and training necessary for the Ira- nology and equipment. When this ship- Center in Buenos Aires. nians to develop an indigenous capa- ment of steel can be halted by customs According to news reports, Iran is bility. Make no mistake about it. The officers in Azerbaijan but not in Rus- months away from developing missiles development of these Iranian missiles sia, we are entitled to ask serious ques- that can reach Israel, Saudi Arabia, or will be very destabilizing in the Middle tions about Russia’s ability to cooper- the frontiers of the NATO alliance. East. ate in limiting the global spread of Considering that Iran is already sus- Mr. President, to its credit, the Ad- weapons components. pected of possessing chemical and bio- ministration has made the transfer of Mr. President, I understand that Iran logical weapons and is trying to ac- missile technology a very high priority has begun a program to build a missile quire nuclear weapons capability, the in dealings with Russian officials, in- called the Shahab 3 which has an 800 threat of Iran possessing missiles capa- cluding the recent talks between Vice mile range. This range is double the cable of reaching U.S. forces in the Mid- President Gore and former Prime Min- pacity of a SCUD missile and is long dle East is truly frightening. ister Viktor Chernomyrdin. Special enough to reach Israel and Saudi Ara- This legislation would require the Envoy Wisner has worked on this issue bia. This type of missile would give President to report periodically on in- aggressively, and the State Depart- Iran more power with which to threat- dividuals, companies, and research fa- ment’s Robert Galluci has been doing en the West’s strategic interests in the cilities who have provided material, the same. I commend them for the at- Middle East only seven years after we technology, or technical assistance tention they have focused on this very

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5389 sensitive matter and the effort they liferation. The legislation should offer sure that confidential or classified in- have made to persuade Russia to clamp the Administration additional leverage formation remains secure. Moreover, down on exporters. in curtailing Russian assistance to the CWC provides penalties for any Clearly, some progress has been Iran’s missile programs, and I applaud state that might opt to invoke a frivo- made. On January 22, Prime Minister those objectives. lous challenge inspection. Chernomyrdin issued an Executive Ideally, the implementing legislation (2) Another dangerous aspect of the Order stating the Russian govern- for the Chemical Weapons Convention legislation is found in the provisions on ment’s intention to set policies that would have similar objectives—stem- routine inspections and sampling. will more effectively control the ex- ming the threat of proliferation. The Again, the verification measures and ports of technology to Iran. Nonethe- goal of the Chemical Weapons Conven- procedures of the CWC were painstak- less, public reports indicate that the tion is to create a sufficient web of de- ingly crafted to ensure privacy and cooperation is ongoing and that the terrence and detection capabilities so confidentiality. Also, the ability to de- transfers continue. as to minimize the potential threat tect cheating at both declared and Because the stakes are so high, we that chemical weapons pose to U.S. and undeclared facilities is critical to the don’t have the luxury of time. And global security. In order to attain this viability of the regime. while I hope the Administration’s ef- objective, the CWC relies on the most The proposed implementing legisla- forts will succeed in persuading the stringent verification regime ever be- tion before the Senate allows for only Russians to clamp down on these tech- fore codified in an international arms one inspection per year at industrial nology transfers, this Senator believes control instrument. plants. The treaty allows for two. This time is running out. The missiles being The verification measures set forth is a critical point. Given the number of developed by the Iranians are capable in the CWC were carefully crafted over facilities worldwide that will require of delivering chemical weapons many years to ensure that the attained inspection by a relatively small, highly throughout the Middle East. They are transparency in no way impedes pri- qualified cadre of inspectors, most fa- lethal. They threaten U.S. troops. They vate industry’s ability to protect pro- cilities will only be inspected once a threaten our ally Israel. And in the prietary information. year. However, the treaty allows for long run, they will threaten our Euro- In addition, measures for ‘‘challenge two routine inspections in case some- pean allies. America needs to use every inspections’’—a verification measure thing suspicious or inexplicable is un- appropriate tool in its arsenal to pre- initially proposed by the Reagan Ad- earthed in the results from the first in- vent the Iranians from developing ministration in negotiations over a spection. these missiles which will threaten our decade ago—allow for inspection at any The persons drafting this legislation interests in the region. And we need to time and in any place. Otherwise, the may have assumed that they would be use those tools now. CWC is rendered incapable of ferreting sparing U.S. chemical facilities from Mr. President, the sanctions in this out undeclared activities. I remind you the tedious drill of coping with more legislation provide another tool. They that this was a weakness of the nuclear inspections than necessary. However, are appropriately targeted against the nonproliferation regime that Iraq suc- this view is short-sighted and will entities—the companies, individuals, cessfully exploited to hide a covert hinder the inspectorate’s ability to and institutes—that are cooperating weapons program. identify cheaters. Again, other coun- with the Iranians. They are not tar- The proposed CWC implementation tries will follow the U.S. lead. geted at the Russian government. If legislation, attached to H.R. 2709 ‘‘Iran Should inspectors come across sus- used effectively, these sanctions—or Missile Proliferation Sanctions Act of picious evidence in another country the threat of these sanctions—can help 1997,’’ seriously weaken the Chemical and desire more information to clarify the Administration in its efforts to Weapons Convention in such a manner the activities at a foreign facility, the clamp down on those entities that are as to pave the way for rogue nations to only option at that point would be to cooperating with the Iranian govern- capitalize on U.S. short-sightedness. wait a year OR invoke a challenge in- ment. There are several aspects of the pro- spection. A lot of deadly chemicals can For the stake of promoting stability posed legislation that are problematic. be produced in a year. in the Middle East, I urge my col- First, however, the following is clear: if In addition, challenge inspections leagues to approve this legislation. Mr. DOMENICI. Mr. President, I rise the U.S. Senate ratified an inter- were thought to be necessary to un- in strong support of Iran Missile Pro- national ban on poisonous gases, it earth undeclared clandestine activi- liferation Sanctions Act before us makes no sense for the Administration ties. In all likelihood, invoking a chal- today. At the same time, I am uncom- to have negotiated legislation that ren- lenge inspection will be fraught with fortable about the implementing legis- ders the Convention impotent. Sec- tension. Do we want to escalate every lation for the Chemical Weapons Con- ondly, the U.S. Senate cannot ratify a unclear circumstance at any facility in vention attached to it. treaty and then renege on its own com- any country to the level of a challenge Proliferation of weapons of mass de- mitment to provide effective and rea- inspection, when the original provi- struction poses the gravest risk to do- sonable measures for implementation. sions of the CWC provide the means mestic and international security in Mr. President, this legislation in- necessary to avoid this? the post-Cold War era. Based on this cludes three provisions that are of con- (3) One last provision within this leg- assessment of U.S. security concerns, cern: islation requires adjustment. I remind it makes sense for the Senate to pass (1) First, there is a measure that al- you, once again, CWC was carefully legislation designed to prevent or, at a lows for the President to refuse a chal- crafted to provide measures for strin- minimum, curb proliferation threats in lenge inspection on the grounds that it gent and comprehensive verification. every possible instance. ‘‘may pose a threat’’ to U.S. security The redefinition found in the imple- The Iran Missile Proliferation Sanc- interests. Presumably, Hussein did not menting legislation would undoubtedly tions Act will help to attain our non- want UNSCOM in his Presidential pal- narrow the number of U.S. facilities re- proliferation objectives. A very impor- aces for similar reasons. Other coun- quired to make declarations. Please tant national security objective is to tries would no doubt follow suit. The bear in mind, the U.S. cannot hold prevent Iran from obtaining and im- White House is claiming that this is other countries to standards that we proving its weapons of mass destruc- ‘‘harmless,’’ because they do not intend ourselves are not willing to meet. tion. A critical concern is Iranian ac- to invoke it. If there is no intention to Most commercial products have a quisition of ballistic missiles, espe- use it, then including this provision mixture of chemicals in them. For ex- cially those with a range of 1,300 kilo- merely opens the door for other na- ample, a ballpoint pen contains a meters or more. Such capability would tions to follow our lead and diminishes chemical that could be extracted and pose an unacceptable threat to U.S. our capacity to catch cheaters. used to make poison mustard gas. forces in that area, not to mention our The CWC provisions on challenge in- Under CWC provisions, chemical manu- allies throughout the region. spections preclude abuse of the chal- facturers are required to include in This Sanctions legislation is a care- lenge inspection option. The treaty in- their initial and annual declarations ful and sound approach to non-pro- corporates stringent measures to en- the production of mixtures with a low

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5390 CONGRESSIONAL RECORD — SENATE May 22, 1998 concentration in so-called Schedule 3 cannot allow these pressures to dis- Actually, Mr. President, I suggest chemicals. U.S. chemical industry rep- tract us from the fundamental prob- the absence of a quorum. resentatives and U.S. government offi- lems with this implementing legisla- The PRESIDING OFFICER. The cials agreed that 30% or less of a tion. Short-sightedness on issues of clerk will call the roll. Schedule 3 chemical in a mixture con- U.S. and international security can be The assistant legislative clerk pro- stitutes a low concentration. very dangerous over the long haul. ceeded to call the roll. The U.S. implementing legislation Proliferation of weapons of mass de- Mr. BIDEN. Mr. President, I ask changes that figure to 80%. In other struction and the means to deliver unanimous consent that the order for words, substantially fewer U.S. facili- them are the most serious threat to the quorum call be rescinded. ties will be subject to completing an- U.S. security today. The aims of the The PRESIDING OFFICER. Without nual declarations or inspections. The Iran Missile Proliferation Sanctions objection, it is so ordered. same will hold true for other countries Act are laudable and I fully support Mr. BIDEN. Mr. President, I yield the that follow our example of assuming them. I supported the Chemical Weap- remainder of my time. We are prepared that 80% is a low concentration. We ons Convention last year, and I would to vote. thereby increase the likelihood that wholeheartedly support passage of rea- The PRESIDING OFFICER. The proliferators will use industrial facili- sonable and effective implementing question is on the engrossment of the ties to mask chemical weapons activi- legislation for that treaty. Due to the amendment and third reading of the ties, averting detection. pressures that our chemical industry is bill. The Chemical Manufacturers Asso- confronting and our current violation The amendment was ordered to be ciation was extensively involved in de- of the Convention, I will also support engrossed and the bill to be read a signing the CWC verification measures. this legislation. third time. Chemical Manufacturers in this coun- However, I will not do so without The bill was read a third time. try were a strong and vocal group in pointing to the hypocrisy of sanc- The PRESIDING OFFICER. The bill support of this treaty. They consist- tioning entities who proliferate missile having been read the third time, the ently urged that stringent and com- technology to Iran, and, at the same question is, Shall the bill pass? prehensive verification provisions be time, passing implementing legislation The yeas and nays have been ordered. included in the treaty. The U.S. chem- that opens the door for chemical weap- The clerk will call the roll. ical industry did not ask for these pro- ons proliferators. The legislative clerk called the roll. visions to protect their interests so It is essential that we impede the Mr. NICKLES. I announce that the who, then, do these provisions protect? flow of missile technologies to Iran. It Senator from Arizona (Mr. MCCAIN) The answer is simple: The provisions in is also critical that we pass imple- and the Senator from Alaska (Mr. MUR- the U.S. implementing legislation pro- menting legislation and join the inter- KOWSKI) are necessarily absent. tect those who want to cheat on this national community in eliminating Mr. BREAUX. I announce that the treaty. chemical weapons and detecting defec- Senator from Arkansas (Mr. BUMPERS), These restrictions on routine and tors. However, it is critical that we do the Senator from Kentucky (Mr. FORD), challenge inspections will inevitably it right. This CWC legislation is all the Senator from Hawaii (Mr. INOUYE), backfire on U.S. security interests. wrong. I would like to work with my the Senator from Massachusetts (Mr. Keeping in mind that the U.S. is set- colleagues to improve this implemen- KENNEDY) are necessarily absent. ting an example with its implementa- tation regime in the near future. Oth- I further announce that, if present tion of the treaty’s provisions, these erwise, our overzealous desire to shield and voting the Senator from Massachu- restrictions provide a great deal more ourselves will ultimately be used by setts (Mr. KENNEDY), would vote ‘‘yea.’’ latitude within which a rogue nation those we would like to protect our- The result was announced—yeas 90, can maneuver to hide a chemical weap- selves against. nays 4, as follows: ons program. Mr. KYL. Mr. President, I inquire, if [Rollcall Vote No. 146 Leg.] Intelligence sources repeatedly iden- all time has been yielded back, the YEAS—90 tify over two dozen states that either amendment has been accepted, are we Abraham Faircloth Lieberman already have or are attempting to at- not ready to proceed to the vote on Akaka Feingold Lott tain chemical weapons capability. In final passage? Allard Feinstein Mack its first year, the CWC has begun to re- The PRESIDING OFFICER. If all Ashcroft Frist McConnell verse that trend. In view of our most time on the bill is also yielded back, Baucus Glenn Mikulski Bennett Gorton Moseley-Braun recent experience in Iraq, there is little we are prepared to do exactly that. Bingaman Graham Moynihan reason to assume that lax verification Mr. KYL. There is no time on this Bond Gramm Murray measures for detecting or deterring side. I do not know about the other Boxer Grams Nickles Breaux Grassley Reed weapons of mass destruction designs or side. Brownback Gregg Reid capabilities will serve U.S. interests. The PRESIDING OFFICER. The Bryan Hagel Robb At this time, the U.S. itself is al- Chair will observe the Senator from Burns Harkin Roberts ready in violation of the CWC, because Delaware has 8 minutes remaining on Byrd Hatch Roth Campbell Helms Santorum it has failed to pass implementing leg- the bill. Cleland Hollings Sarbanes islation and commence with declara- Mr. BIDEN. Mr. President, I will, in a Coats Hutchinson Sessions tions and inspections. The U.S. Admin- moment, yield back the time I have Cochran Hutchison Shelby left. Collins Inhofe Smith (NH) istration has come under intense pres- Conrad Jeffords Smith (OR) sure from Japan, China, Australia and Mr. President, I will conclude by sug- Coverdell Johnson Snowe the European Union to proceed. gesting, again, I think this is the Craig Kempthorne Specter The U.S. chemical industry is con- wrong time to do this. I think it has its D’Amato Kerrey Stevens Daschle Kerry Thomas fronting pressures from their trading greatest value held in abeyance, as DeWine Kohl Thompson partners overseas, because it has not long as significant progress is being Dodd Kyl Thurmond yet been subject to inspection. States made. I am fearful if this is signed into Domenici Landrieu Torricelli that are complying fully with the law by the President, in the near term Dorgan Lautenberg Warner Durbin Leahy Wellstone CWC’s reporting and inspection reit is going to have the exact opposite Enzi Levin Wyden quirements are threatening to stop in- impact. But in the interests of accom- NAYS—4 spections on their territory if the modating people’s schedules—although United States, which has the world’s I am not sure how much we are going Biden Lugar Chafee Rockefeller largest chemical industry, does not to accommodate because I am told soon allow inspections of that industry there will be insistence there be a vote NOT VOTING—6 to proceed. on the highway bill, and if that is true, Bumpers Inouye McCain Due to these pressures, the U.S. we are not being able to accommodate Ford Kennedy Murkowski chemical industry and the Administra- anybody’s time. But I am delighted to The bill, (H.R. 2709), as amended, was tion want action now. However, we yield the remainder of my time. passed.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5391 MORNING BUSINESS report. I do not know for sure what is Again, I am only reporting what I Mr. LOTT. Mr. President, I ask unan- in the bill as far as the jurisdiction of have been told because I have not been imous consent there now be a period the committee I happened to chair at privileged to have a copy of this yet, for the transaction of routine morning the time. I have not waited almost 30 despite the fact that I am on that con- business with Senators permitted to years to be the chairman of this com- ference committee. Now, I have been speak for up to 10 minutes each. mittee to see it emasculated in 5 min- here almost 30 years, and I have never The PRESIDING OFFICER. Without utes because people have to get a plane seen this happen before. Never. objection, it is so ordered. home. Mr. LOTT. If I could respond. Mr. LOTT. In response to the Senator Mr. STEVENS. And it is not going to f from Alaska, I understand that he happen now without me seeing that re- THE HIGHWAY BILL wants to see what is in it. I think he port. will like what he sees in it, both for Mr. LOTT. I have been here 25 years Mr. STEVENS. Mr. President, I want him and his constituency and the coun- as a Member of the House and Senate to announce that the Appropriations try as a whole. and 4 years before that as a staff mem- Committee will hold a meeting at 2 This is over a $200 billion bill that is ber. I have never seen a highway bill o’clock to discuss ISTEA, and until needed in this country for safe, decent that was done any differently than that meeting is over, I will object to roads, bridges, and mass transit. We this. Maybe this one is even a little any proceedings on ISTEA. have drug it out for weeks and months better. Mr. LOTT. Let me say, because I and it is time to act. I was getting calls at my home last know everyone is interested in this, Now, does every Senator deserve a night until 11:30. Senators were in- this is a critical moment on a very im- right and an opportunity to see the for- volved, Congressmen—negotiations portant bill. The managers of the mula and see how each State does and going on right downstairs. There have ISTEA II legislation have labored late look at what it means for the Appro- been staff members and Senators and into the night and all morning trying priations Committee and every com- Congressmen coming in and out of to make sure Members are aware of mittee? Yes, let’s do it. Let’s do it now. there. what is in the bill. I think they have You will have an opportunity to look I know the Senator from Alaska, as done a good job. It might not be perfect at this, and others should. But it is chairman of the Appropriations Com- in anybody’s eyes, but we need to get it time that we get serious and get it mittee, has seen the computer runs done. We need to get it done this after- done in a reasonable time in the best previously. noon. interest of America. Mr. STEVENS. Not one. You had my There will be an opportunity for My father died on a narrow, two-lane staff’s estimate of that run. I asked re- Members to express themselves, but I road that wasn’t safe and I am not peatedly for a copy of it and the Sen- believe for all concerned the wise thing going to stand any longer for us having ator from Rhode Island will tell you, he to do is to go to this bill as soon as we inadequate roads and bridges in this told me the other day they were not can, have a limited debate, and vote. It country and for money to be some- available yet. We had an estimate of won’t be easier on Sunday afternoon at times spent in other places. the run, and it was run on our own 4 o’clock. It won’t be easier in a week I am bending a little bit here, but I computers. or a month. think everybody in this Chamber Mr. LOTT. I would like you to meet I think we need to complete this leg- knows I tried to listen to everybody’s Senator CHAFEE. islation. We will work on both sides, as needs, concerns on both sides, on tough Mr. STEVENS. I met him at Harvard we have all along, to make sure that legislation this week and this year. I Law School in 1947. Members are satisfied with what we try am sympathetic. I wanted to look at Mr. LOTT. And Senator WARNER. We to do. the numbers. I have. I haven’t seen the would like you to get together and Mr. DASCHLE. Mr. President, I con- report. I don’t know whether it is per- look at the numbers and the language cur with the remarks just made by the fect. But it has been a laborious, tough, and I believe you will be happy. majority leader. We have 20 or 25 Sen- involvement and it is time that we Mr. STEVENS. Respectfully, Mr. ators, all of whom have planes to catch bring it to a conclusion. Help me do Leader, there have been meetings all this afternoon, who don’t want to miss that. over this Congress for the last 2 weeks this vote. I certainly hope that we Mr. STEVENS. Mr. Leader, I regret and I have tried to get into them and I wouldn’t inconvenience a third to half deeply the death of your father. I have was not allowed in. Now, we are going of the Senate as we get to this crucial similar feelings when cancer comes be- to have a meeting of our committee to time. fore the Senate because my grand- find out how this affects the appropria- I hope everybody will cooperate and father, father and brother all died from tions process. Until we know how it work with us. We have to get this legis- cancer. I understand those feelings. does, I hope you will understand, I relation done. My hope is that we won’t However, I also understand that our spectfully object to proceeding with leave until we get it done. I hope we committee has responsibility for the this bill until we have seen a copy of could seek cooperation on both sides. controllable expenses. This bill reduces the report. Mr. STEVENS. Will the Senator controllable expenses, if I am told Mr. LOTT. I think the easiest thing yield? right, by at least 21⁄2 to 3 percent. It to do to resolve this problem is for you Mr. LOTT. I am happy to yield. further will require, if I am informed all to go meet, stop talking about it, Mr. STEVENS. Where is the report? right, that if there is an increase in the get what you need, and then we can go Mr. LOTT. Mr. President, we have highway tax revenues, we must spend ahead. the managers here on the floor that them, even if it means changing the Mr. STEVENS. Parliamentary in- have worked on this legislation who budgets for other subcommittees. If quiry. Is the report before the Senate are prepared to begin to discuss the there is a decrease and the estimates yet? legislation, to answer questions, and be are not met, I am told we will take the The PRESIDING OFFICER. The re- prepared to go to a vote when the Sen- money from controllable accounts and port is not before the Senate. ators are ready to do that. put it in this account to pay for high- Mr. CHAFEE. Will the majority lead- I don’t know the physical location. I ways at the cost of all the other func- er yield? presume that will be available. tions that are controllable. Mr. LOTT. This applies to the Sen- Mr. STEVENS. As I understand, no Now, I think that is something that I ator from Rhode Island. While the ap- one lives further from the Senate than have a right to look at and Senators propriators are meeting and having a I do and I have a wife waiting for me have a right to debate if they want to chance to review the documents, I halfway home. do that. I regret deeply being in a posi- think this would be a good time for the However, I am also a conferee. I have tion of apparently opposing my leader managers to begin to talk about and not seen the conference report. I was who I do support and am committed to, explain what is in the bill, what the not given even the privilege of deciding but I feel this process needs to be un- policies may be, answer questions of whether I should sign the conference derstood. Senators. We can begin the process

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5392 CONGRESSIONAL RECORD — SENATE May 22, 1998 right now. I believe Senator DASCHLE to the best of our ability. One of the to be a limited number of negotiators thinks that would be a wise move. I be- points that was cardinal in our ap- in order to get moving along. We were lieve that would be the thing to do at proach on this legislation was that all fortunate in our negotiations. We al- this point. the donor States—that is, the States ways included, every step of the way, I yield the floor. putting in more than they get back— the ranking member and representa- Mr. CHAFEE addressed the Chair. should at least receive— originally, we tives from his side of the aisle. Like- The PRESIDING OFFICER. The dis- strived for 91 cents back on the dollar. wise, I was tremendously assisted in tinguished Senator from Rhode Island In other words, every dollar a donor this by the chairman of the sub- is recognized. State put in, the effort was made to get committee dealing with this subject. Mr. CHAFEE. Mr. President, we have 91 cents back because, in ISTEA I, we That is, the Infrastructure Sub- charts here and we will make them have a series of States who received committee of the Environment and available for anybody who wishes to back 88 cents, or even less than that in Public Works Committee, Senator see them. I know that most of the Sen- some instances. WARNER of Virginia. It so happened ators’ staffs have been briefed already Now, when you try to bring States up that the ranking member of the full today on this. Those Senators who from below 90 cents or 88 cents, wher- committee is also the ranking member have not, we certainly would be de- ever it might be—for example, Cali- on that Infrastructure Subcommittee. lighted to meet with them and go over fornia, under ISTEA, was at 89 cents. So that Senator BAUCUS was, in fact, this chart and give them a copy. I You would think just bringing Cali- wearing two hats. think that is the way to do business. It fornia up 3 cents for every dollar put in Mr. President, I think the result is is true that the report is not yet before would be a simple thing. Well, me- not everything all our way. No; it isn’t. us, and that was understood when we chanically, it is; but cost-wise, it is But that is what happens when you get commenced this discussion, with the very expensive. So despite our sincere into negotiations. idea to save as much time as we could. efforts to get everybody 91 cents back One of the things I am very glad The report will be along. Certainly, it on the dollars contributed, the best we about is that some of the language that is a massive report. People are going to could do was 90.5 cents. Therefore, if was in the House bill was not accepted. have difficulty absorbing it, but those you look down the list of those receiv- In other words, it was dropped. Of are the time exigencies we are working ing moneys, you will find there is no course, there are some things that we under at this time. State below the 90.5, and that is a very, had that were likewise dropped. But Mr. President, pursuant to what the very significant achievement. Now, do some of the provisions—for example, majority leader said, at this time I will we have some States who are getting the so-called ‘‘mid-cost correction’’— discuss the philosophy behind this leg- back more than a dollar? Of course, we which would reopen this whole subject islation and some of the difficulties do. Those are the donee States. But we in 3 years we felt was not constructive. that we encountered as we proceeded. believe that, taking into consideration To go through all of this another 3 The philosophy we had in this legisla- all the factors, we ended up with a fair years from now would not be some- tion was to repeat what took place, as deal. thing we would countenance. far as the general philosophical ap- The average increase that was re- Mr. President, I am glad to yield to proach in ISTEA I, which passed in ceived across the country was 43 per- the distinguished ranking member and 1991. Now, in 1991, the first time, we cent. That is the increase over ISTEA have him address his remarks to what passed a measure that was truly a I. In some instances, States go to more we have been undertaking. The PRESIDING OFFICER. The transportation bill rather than solely a than that. Alabama is at 60.6 cents in Chair recognizes the Senator from highway bill. In other words, the phi- increase, for example. Some States Montana. losophy in 1991 was to do the best we were less. But that is what comes Mr. BAUCUS. Mr. President, I want could to devise a system to move peo- about when you strive to reach as to first compliment the chairman of ple and goods from point A to point B much fairness as possible. our committee, Senator CHAFEE, who Let me say, there are frequently dis- in the most efficient and safe manner. has done, I believe, an extraordinary torting factors that get into these So, as I say, it was more than just a job. I wish Members of the Senate who highway bill; it was a transportation equations. What would be an example were not in the conference committee bill. of a distorting factor? A distorting fac- could have watched the proceedings. Mr. President, so thus we have this tor would be a State that had received They would have seen the chairman set legislation, which deals not solely with very, very significant additional a very civil, gracious, and respectful highways, as I said, it deals substan- amounts in a prior year—that is, when tone. That was the tone of the con- tially with mass transit. Likewise, in- the formula was worked out under ference. Sometimes conferences get deed, it encourages what they call ISTEA I. Pursuant to that, that State pretty acrimonious. This one was not ‘‘intermodalism,’’ which is the blend- received either a monstrous amount of at all. ing of various methods of transpor- projects, or very significant amounts of Just a brief summary of the bill, Mr. tation. That is where the ‘‘I’’ comes other moneys coming from various President, on where we are. from in Intermodal Surface Transpor- sources that distorted the picture of This is truly a historic bill. That is a tation Efficiency Act. That is where that State, so that you could not take term that many Members of Congress the original ISTEA acronym came that State with the very high addi- use somewhat loosely around here. But from. We believe we followed out that tional amounts that it had received this one really is. And I think even philosophy in connection with this leg- through projects, grants, project mon- compared to the last ISTEA bill, this is islation, which sometimes we call eys, and expect to get a 40-percent in- historic. Let me tell you why. ISTEA II. crease on top of it. So that accounts, in For the first time, all the dollars Mr. President, we then came to the some instances, for the fact that some that we as citizens pay in fuel taxes always-difficult part of determining States would be considerably lower when we put gasoline in our cars, or how to divide up the funds. You have a than the 43-percent increase over diesel fuel in our pickups, will go into limited amount of funds, and how do ISTEA I. the highway trust fund. And all the you divide them? So we have a formula So, Mr. President, I am prepared to dollars that come out of that trust that is worked out. In that formula, talk with anybody about this. As I say, fund will go back in the form of high- you take into account vehicle miles I think many staffs have been briefed. way allocation, or mass transit alloca- traveled, number of lanes, mile lanes in We have tried to keep certainly the tion. We are not changing the distribu- the State, you take into account bridge conferees from the Environment and tion between mass transit or highways. problems, and a host of other factors, Public Works Committee briefed as we But, again, all the dollars that come and that becomes the formula. went along. We had a whole series of into the trust fund paid for by gasoline When you run something like that, meetings to try to keep them briefed. taxes will come out of the trust fund you frequently end up with difficulties. It is true that when you do negotia- through to the State’s allocation for Not everything comes out just the way tions like this, you don’t have 65 people their various highway programs, or, in you want it. So we made adjustments from each side in the room. There has the case of the mass transit account, to

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5393 the mass transit account. That is a fair share. It is true that the North- are really much more interested in major change from the current prac- eastern States don’t get the same, on their districts; what is the highway bill tice. The current practice, for those of average, percent increase. But that is, going to do for their districts, rather us who fill the gas tank and put dollars to be honest about it, because those than for their States? Of course they into the highway trust fund through States in the previous ISTEA bill got care about their States. They care our gasoline taxes and are not sure quite a large chunk of money compared deeply about their States. But I dare that those dollars are going to come with other portions of the country. say they probably care a little bit more back in the form of highway alloca- So this is a guarantee to even things about their district. After all, they run tions, sometimes those dollars at the out. for reelection every 2 years. They want will of the Congress and the President For those who are concerned about to show, legitimately and properly, to are used for other purposes. That will the environmental provisions, let me their constituents, the people who no longer be the case. Dollars in, dol- say that this bill is environmentally voted for them—or perhaps didn’t vote lars out. sound. for them—that they are doing the best We also wrote into this legislation a There is the congestion mitigation job they possibly can for their district, guarantee called a ‘‘firewall’’ to make account, which has more dollars in it which means the formulas, as the allo- sure that happens. It is not totally 100 than the previous ISTEA bill. cations, somewhat clash. percent guaranteed, but for all intents So the dollars are there for cities Senators are worried about Senate and purposes, it might as well be. which do not meet the Clean Air Act distribution. Senators are worried After that huge increase, we have a standards—additional dollars—to un- about State distribution. House Mem- lot more highway dollars coming out, dertake the various expenditures to re- bers are worried a little bit about State not only because of the guarantee I duce air pollution in their cities. That distribution, but quite a bit about how mentioned but also because just re- is there. much their districts get. Hence, we cently Congress enacted legislation to The enhancement provision is still have this phenomenon called dem- ensure that the 4.3 cents-per-gallon fully funded. Those who are concerned onstration projects. It is difficult to gasoline tax previously used for deficit about bike paths and trails are also meld these two competing points of reduction is now going into the high- going to be, I think, happy with the view together. way trust fund, which means 4.3 cents provisions in this bill. I mention all of this because as we in more than previously was the case. The We also rejected in the final hours the Senate are here, now, voting on rule of thumb basically is that 1 penny some provisions which I think would this conference report which is about of gasoline tax—about $1.6 billion, or $7 have been very harmful to the environ- to be before us—as we look at it, we billion—goes into the highway trust ment. might find it is not exactly what we fund. This is a big increase. On aver- There has been some talk about the would have preferred. It is not exactly age, States will receive about a 43-per- PCB problem in New York. That was the bill that passed the Senate. But cent increase in highway funds for each rejected. It is not in here. when Members of the Senate look of the next 6 years compared with what I can list other attempts. I know closely at what is in this conference re- they have received in the past 3 years. some of the environmental conserva- port, I think they will find it is very It is again for those reasons. tion committees are worried about close to the provisions that passed the I might also say that the attempt of what was attempted to be put in this Senate and should not be distressed. the conferees, which I think was met, bill and the conferees rejected. Certainly, it is important to point out was for regional balance. This process I might also just outline and remind that every State but for one, which is started in the Senate about a year ago. us that each of us, as a Senator, is wor- a very, very special case, will receive a Senator WARNER from Virginia, myself, ried about fighting for our respective significant increase in dollars per year Senator CHAFEE, and Senator MOY- States. That is our job, that is what we allocated to the State. The average in- NIHAN, also for all intents and purposes, ran for office for, and that is what we crease, and I must underline the word introduced separate bills representing hired out to do—to represent our average, is about a 43-percent increase different parts of the country, each States the best we possibly can. for all the States. That is not a small part having generally a different point As you know, Mr. President, most number. It is a large number. It means, of view. Senator WARNER was essen- Senators are not wallflowers. Most for example, that it is increased from tially concerned proportionally more Senators are good advocates for their 28—— about the donor States; that is, those States. They are fierce advocates for The PRESIDING OFFICER (Mr. States which historically have been re- their States, which obviously means ENZI). The time of the Senator has ex- ceiving from the trust fund consider- that it is hard to get 100 points of view pired. ably fewer dollars than they have been all accommodated, particularly when Mr. BAUCUS. I ask unanimous con- putting in. each State thinks it has a unique point sent to speak for 2 more minutes. Then there are the Western States, of view that makes it a little bit dif- The PRESIDING OFFICER. Without and small States which have unique ferent from other States. Add to that objection, it is so ordered. circumstances because of low popu- the further complication that there is Mr. BAUCUS. So it, the current pro- lation density, and sometimes wide another body; there is a House of Rep- gram, is roughly $18 billion, the cur- spaces, which also have a certain point resentatives. We in the Senate pass rent ISTEA which expired. This bill is of view. what we think is the best legislation $26 billion, roughly; hence, roughly a Then, third, there are the Northeast for our States. The highway bill that 43-percent increase. And a State, on av- States by and large—I grant you these passed the Senate passed by a very erage, will receive that 43-percent in- are very rough estimates and a very large margin. Senators liked the bill. It crease. So, while there are little ‘‘i’s’’ rough explanation. But the Northeast was good for our respective States and that are not dotted properly according States, which are more densely popu- was a good compromise for all our to some Senators, or ‘‘t’s’’ that are not lated historically, receive quite a bit of States. But House Members have a crossed properly according to some, I highway funds as well as mass transit very different view on the highway pro- submit this is a good bill. It is good for funds. gram compared to Senators. It is, very the country. It repairs a lot of needed We try to give balance in this bill, simply, because we Senators represent repairs. There are a lot of roads in our first by ensuring that the donor States, entire States; House Members don’t country that need repair and curves those that would put so much into the represent entire States, except for a that need to be straightened out—in highway trust fund but receiving a lot very few. There are about five or six addition to our very good environ- less, are guaranteed essentially 90 very-low-populated States, like my mental programs in this bill. I just cents on the dollar—90.05 cents. There State of Montana, which has only one hope the Senate, when we see the con- are some adjustments. That is basi- Member of Congress. But most Mem- ference report from the House, acts on cally it. bers of Congress, who tend to be from it very quickly because then we will In addition, small States receive populous States, such as New York, have finished our business, people what small States believe would be a California, and Florida, for example, home will be proud of what we have

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5394 CONGRESSIONAL RECORD — SENATE May 22, 1998 done, and we can get on to other busi- what they paid in, that is pretty basic. North Dakota is profoundly depend- ness when we come back after recess. We know that. ent on Federal support to maintain a I yield the floor. We have some things in there that I strong road system in our State. As all The PRESIDING OFFICER. The think are very important to all of us. of my colleagues know, we have a big Chair recognizes the distinguished sen- We have increased the money that goes area and we have a sparse population. ior Senator from Wyoming. to national parks. All of us have na- If we are going to have a national road Mr. THOMAS. Mr. President, I would tional parks. And certainly if we don’t system, we have to have a national like to speak on this highway bill. See- have them in our State, we all use na- program. ing there is no one else here, I will not tional parks and enjoy national parks. I can tell my colleagues, it would be limit time. But I want to, first of all, They have no other source for funding, pretty grim going across North Dakota congratulate the chairman of the com- and that is good. For Federal lands, of without the Federal Highway Program. mittee and the Senator from Montana, course, to the Presiding Officer and I, Instead, we really have an outstanding the ranking member, at having done representing a State that is 50 percent network of roads across our State, al- what I think is an excellent job with a Federal ownership—and some others though they are in deteriorating condi- most difficult issue, an issue where you are substantially higher—Federal land tion. You cannot drive around my take a vast amount of money that money is very important. State without noticing that the condi- comes in from gas taxes and seek to So these are the principal things that tion of our highway network is deterio- put it into a formula that is fair to all are there. These are the things that we rating, and deteriorating markedly. the States, and yet adheres to the pur- know about. I think we have to remem- That is why it was so critically impor- pose of the thing, which is an inter- ber that the deadline for reauthoriza- tant that there be additional resources state highway program that runs from tion has passed. It passed last January. for the road and bridge program in the coast to coast, that runs from Mexico We had a temporary bill that went into country and why I am so pleased at the to Canada, and that does all the things place until the first of May. This is result of the conference committee. that an interstate program is supposed something that makes it impossible, if We have seen a very significant in- to do. So there does need to be some we do not have a bill, for States to go crease in funding. On average, States adjustment, in terms of the dollars, ahead and plan. And that is particu- will receive a 44-percent increase. I am with respect to the various States. larly true for those of us who live in pleased my State will do somewhat It is most difficult. I am here to sup- the northern part of the country where better than that, but it is very much port the bill. I think it is well done. we have a relatively short construction needed. Our State will receive $171.5 Also, to remind Members that this time, and States need to know what million a year. Under the previous pro- committee has been working in this kind of money they will have to deal gram, we have been getting $111 mil- area for more than a year. This bill was with. So I think it is vital that we get lion a year. So that is a substantial in- brought to the Senate more than 2 into this bill, that we find out the basic crease. It is very much needed in order months ago and passed, I think almost points that we need to be informed on, to catch up with the maintenance con- unanimously, and this proposition that and that we move forward and, frankly, ditions that currently exist in the comes before us today is very similar do this before we go on this recess. State. I guess, as a practical matter, we can to what was passed here in the Senate. I will say, Mr. President, that there go on the recess and we will not know One of the difficult parts, proce- is a part of this funding mechanism a great deal. The issues will still be durally, of course, is that something that does concern me, and that relates about the same when we come back. quite different was passed originally in to the question of the funding. I am The issue is not so much a matter of the House. In order to get this done, concerned about that part of the fund- understanding as it is a matter of not there has to be some conference. There ing that comes out of the veterans’ everyone is going to be perfectly has to be some communication. There program. There is a group of us who op- happy. In Massachusetts, for example, has to be some allocation of differences posed that funding mechanism in the they had a huge allocation before, for a between the House and Senate, and Budget Committee and who opposed they were extreme, those differences, special project, so their formula this year looks a little strange because they that funding mechanism on the floor of particularly in the area of the so-called the Senate when we had an amendment demonstration projects, all above the don’t have that huge project in. So there is an effort to make it that to try to change it. I assure veterans in formula line. way. So I hope we move forward. We my State that we will take further So it has been a very long process steps to try to redress the wrong that and one that has been tedious, one that have really been through this business of talking about whether we are going is done with respect to that funding has been difficult. I sympathize, I source in the highway legislation. think, with the chairman of the Appro- to spend the gas tax on highways or not. We went through that. We voted With that one exception, I think it is priations Committee in his feeling of very important to thank those who not having been as involved as he on that. We are ready to move forward. This is a very complicated program. I have been the leaders on this matter. would have liked to be. I suspect that The Senate bill was far superior to the is probably true of all of us. This is a believe it is a good one. I believe the committee has done very well, and I House bill, and we should thank Sen- large bill. It will be out here soon. We ator CHAFEE and Senator BAUCUS for are saying, my gosh, we are being urge my friends in the Senate to move forward and complete this discussion their very strong leadership in allow- asked to vote in an hour or two on a ing us to have a bill that is much clos- bill of that kind? But the fact is, the today. I yield the floor. Mr. President, I sug- er to the Senate bill than to the House real issues have been known for some gest the absence of a quorum. bill. time. The real issues have been talked The PRESIDING OFFICER. The I thank our colleagues who were about. The real issues have been in the clerk will call the roll. members of the conference committee, daily reports. The real issues have been The legislative clerk proceeded to and I especially thank Senator CHAFEE done by our staffs. So it is not a sur- call the roll. and Senator BAUCUS. I thank the Chair prise. Mr. CONRAD. Mr. President, I ask and yield the floor. Of course we don’t know all the de- unanimous consent that the order for Mr. DORGAN addressed the Chair. tails, and unfortunately I have to say: the quorum call be rescinded. The PRESIDING OFFICER. The How many of these bills that are 18 The PRESIDING OFFICER. Without Chair recognizes the Senator from inches high has everybody read on the objection, it is so ordered. North Dakota. other issues? But the principles are The Senator from North Dakota. Mr. DORGAN. Mr. President, I add there. And the principle is to try to Mr. CONRAD. Mr. President, I have my congratulations and my thanks to spend about the amount of money that been a member of the conference com- Senator CHAFEE and Senator BAUCUS comes in on gas tax for highways; that mittee on the ISTEA bill, and I want to especially. My colleague, Senator CON- is fairly reasonable—or for transpor- express my appreciation to all those RAD, has described how important this tation. The idea of guaranteeing that who played a leadership role in writing piece of legislation is. I know both the each State will have 90.5 percent of this legislation. chairman and ranking member

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5395 worked very hard for a long, long while he didn’t say, let’s spend all that will not be called on the Senate floor, to make sure that the result was a re- money just where people live; he said, but thanks to them for their commit- sult that is fair to all parts of this we are going to build an interstate ment. country. highway system and we are going to Mr. President, I yield the floor. A lot of people don’t think much build it to connect the entire country, Mr. GRAMM addressed the Chair. about road issues. Not many people and we are even going to make that in- The PRESIDING OFFICER. The Sen- think about roads when they are driv- vestment in sparsely populated States ator from Texas. ing on a good road. They don’t think because that is what allows people to Mr. GRAMM. Mr. President, we are about roads much until they hit a bad move around this country. only going to have an hour when the road. They don’t think about bridges That is the long way of saying this is bill comes over, if that. I know many of until they read a story or see a bridge a good bill and advances the interests my colleagues are eager to start the that is in disrepair or has fallen down of our country. Memorial Day recess. I thought I and caused a loss of life. Let me make one final, quick point. might do a good turn for some people The investment in this country’s in- I have worked 5 years on a small who have tickets to go ahead and speak frastructure—roads and bridges—is piece of legislation that probably will now on the highway bill rather than critically important. In a State like not mean much to some, but it is in waiting for my assigned time, which North Dakota, that is 10 times the size this piece of legislation we will con- has been previously reserved under a of Massachusetts in landmass, yet with sider this afternoon. In five States, it unanimous consent request, to speak only 640,000 people living in the State, is perfectly legal in America to put one on the bill. So as a matter of courtesy it is very difficult for us to maintain a hand on the driver’s wheel of a car and to my colleagues, I wanted to go ahead broad network of roads and infrastruc- another on a fifth of whiskey. Drink and speak now. ture without the kind of investment and drive and you are perfectly legal. Mr. President, we have before us a that will be made possible in this legis- You just can’t be drunk. No problem highway bill that will have a profound lation. drinking while you drive. In 22 States, impact on our country. I am very The Senator from North Dakota, if the driver can’t drink, it is fine for proud of this bill. I am proud to have Senator CONRAD, mentioned the in- the people in the back seat or the per- played a small role in making this bill crease in funding that will exist with son in the front seat next to the driver happen. this legislation—from $111 million a to drink while you drive. I started 2 years ago in an effort to year to about $170 million a year, just For 5 years, I have tried to get that convert our tax system on gasoline in excess of a 50-percent-per-year in- changed. Some say I have no right to into what I would call honesty in tax- crease. That comes from the gas taxes tell some State that they have to have ation. We had a situation where for al- that people pay when they drive up to a prohibition on open containers in most a decade Americans were being the gas pumps and fill their car. That their State. Maybe they think I have told that when they bought gasoline gas tax is used to invest in this country no business doing that. I have a right and paid taxes, that that money was and invest in its infrastructure—roads to say to anybody anywhere in this going to build roads. and bridges. That is what makes pos- country who drives into an intersec- And yet last year, roughly 25 cents sible this kind of legislation. out of every dollar of gasoline taxes This is a wonderful step forward. I tion in any city, any State, that they ended up going to general government know some debated the size and de- ought to have some reasonable expec- to fund everything, except highways. bated the formula, but the fact is, this tation they are meeting a car in which And yet, when Americans went to the is the kind of investment that makes the driver isn’t drinking or in which filling station and stood there pumping you feel this is a better country be- there isn’t alcohol being consumed in gas in their car or truck, they could cause of it. If you go to other coun- the car. We have a right to aspire to read right on the gasoline pump the tries—I won’t mention them—if you go that in this country as a sense of na- to a half-dozen or dozen other coun- tional purpose. bad news, that a third of the price of a tries and drive on their roads, you im- Drunk driving is a major problem in gallon of gasoline was taxes, and the mediately understand that they have this country. Every 30 minutes, an- good news, that at least the taxes went trouble financing their infrastructure. other family receives a call. My family to build roads. The only problem, as is Their roads are in disrepair, full of pot- received the call. A loved one was often true with government, the bad holes, some barely built, some not killed in a drunk-driving accident. news was true; the good news was not graveled. Every 30 minutes, every hour, every true. All you have to do is look at a coun- day. This is not some strange and mys- I was able to get an amendment on try’s infrastructure to see what kind of terious illness for which we do not have the Finance Committee bill cutting country it is. Is it a country which de- a cure. We know what causes it, and we taxes last year that shifted all reve- votes the resources to roads and know what cures it. nues from gasoline taxes into the high- bridges and the things that make This piece of legislation today in- way trust fund. Senator BYRD and I transportation possible and the trans- cludes a provision that States will started a crusade at that moment to portation of grain and commodities enact a prohibition on open containers, guarantee that the money collected in and items of commerce back and forth and it has a sanction if they do not. gasoline taxes that went into the trust possible? The answer is yes. One of the The sanction is not quite as strong as fund was actually spent on highways. important things about this bill is, we I proposed, but, nonetheless, it is still That crusade has reached a successful decided long ago that transportation a sanction. conclusion with the adoption of this should be national in scope. If you are This advances some things that I bill. Under this bill, every penny col- going to haul fresh fish or frozen have felt strongly about and worked on lected in gasoline taxes over the next 6 shrimp from the State of Washington for 5 years. The Senate voted on this years will be obligated to be spent on to the State of Maine, you are going to provision. It was somewhat controver- highways and on mass transit in this need roads across the center of the sial, but it passed the Senate, and I am country. country, even if it is not very popu- very pleased that, in the conference The net result is a dramatic increase lated. Yes, you might drive through with the House, we were able to keep in resources to build new roads, to Wyoming and North Dakota. There this provision. I also know that be- maintain the roads we have, and it is aren’t many people there. It is a lot cause this provision exists and because literally true that thousands of lives less crowded than New York and Cali- this Congress took this step, lives will will be saved as a result of the adoption fornia. But the roads to get from here be saved. I commend those who worked of this bill and the increased resources. to there are just as important as a mile with me to fight for that piece of legis- It is true that millions of hours that of road in New York City. That is what lation. people would have spent snarled in the need of a national highway pro- Finally, let me say thanks again to traffic will be saved so that they can gram is all about. all of those who worked so hard. A lot spend more time at work earning a liv- When Dwight D. Eisenhower decided of folks worked around the clock a cou- ing, so they can spend more time with to build an interstate highway system, ple days on this. Their names probably their families doing the things that

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5396 CONGRESSIONAL RECORD — SENATE May 22, 1998 parents want to do, spending time with And I think this $700 million will be a We have undertaken, I believe, the only their families and enjoying the fruits major step in that direction. true bipartisan effort in this Congress. of their labor. There are many other provisions of We have been successful. A second achievement of this bill is the bill that I could talk about that I Senator BYRD obviously was a crit- that we have taken a long step—big am pleased with—greater flexibility for ical part of that. It has been a great step—toward eliminating inequity in mass transit in my State, other provi- privilege for me to have been partners the distribution of funds. We have a sions that are of a parochial interest. with him on this issue and to have an National Highway System. And I would But I will talk about basically the big opportunity, at least in this way, to not have it any other way. But part of picture on the bill. The big picture on link my name with the premier legis- the problem with the National High- the bill, in trying to sum it up, is every lator of our generation. way System is that when you are penny collected in gasoline taxes in the Mr. President, I want to congratulate building certain sections of interstates next 6 years will be spent for transpor- BUD SHUSTER on this bill. This bill, I or you are building big projects, it pro- tation infrastructure—by dramatically am sure, in many ways is the culmina- duces a situation where some States reducing discrimination against donor tion of his successful career in the are donor States, that is sending more States, at least within the level you House. I am sure he hopes to have money to Washington than they are can achieve it, and have a National many other successes. But for the getting back, and other States are ben- Highway System. The combination of chairman of the Transportation Com- eficiary States, getting more money those two factors—honesty in taxation mittee in the House to have put to- spent in their State during that time and dramatically reducing the inequity gether a bill which achieves one of his period than they received back. in the distribution of funds—will mean lifelong objectives as a legislator, to My State in recent years has been a that Texas will get 61 percent more assure that funds that are collected in donor State. When we were building money under this highway bill than we gasoline taxes end up being spent for the big east-west interstate highway did under the previous highway bill. the purpose they are collected, this has systems, we were briefly a beneficiary Our total level will be $11.3 billion. to be, at least to this point, the sem- State. But under the last highway bill, That money is desperately needed in inal achievement of his career. which lasted for 6 years, Texas aver- my State, as I am sure the money from I want to thank Senator CHAFEE for aged getting back only 77 cents out of the bill is needed in every State in the his leadership and his help in this bill. every dollar we sent to Washington in Union, to build the highways we need, I want to thank Senator DOMENICI for taxes. to maintain the roads we have, to re- working to see that we guaranteed One of my goals—and a goal that was build bridges that are structurally un- money for highways, but that we didn’t championed in this bill by Senator sound. And obviously this is a very im- start a new entitlement program in the WARNER—has been a goal of trying to portant day for me. country. guarantee that no State in the Union I want to especially thank Steve Finally, I want to thank Senator will ever get back less than 90 cents McMillin, who has been my staffer LOTT for his leadership in pushing this out of every dollar they send to Wash- working on these issues. It is literally effort forward. I do think this is an im- ington to be spent on highways, no true that his involvement and dedica- portant bill and will certainly go down matter what national project is being tion and the hours he has worked, the as one of the most important things we undertaken. We actually did slightly quickness of his wit, has really been have done in this Congress, one of the better than that in this bill. But that the difference between many of these most important things we have done in was our objective. I think it is a major provisions being in the bill and those many Congresses. improvement in highway construction, provisions not finding their way into Mr. DOMENICI. Will the Senator and I think it is fairer to our States the bill. I have been constantly amazed yield? than the old system. at how well he knows the details of I am, obviously, proud of a provision these issues. Mr. GRAMM. I am happy to yield to of this bill which provides money for I would also like to say that I appre- the Senator. border infrastructure and for inter- ciate the assistance and the work of Mr. DOMENICI. Mr. President, I just national trade corridors. We have en- two staffers who work for Senator wanted to say where you thank me, for tered into an international trade agree- BYRD—Jim English and Peter Rogoff. I whatever you did, I want to add to that ment with Canada and Mexico. It has do not think we have any staffers who statement to the best of our ability we literally filled up my State with trucks knew more about the substance of this have not sacrificed the other appro- hauling goods and services back and issue or did more than they did. priated accounts to the increases in the forth. The good news is that it is cre- Often people who serve in the Senate highway bill. We have found offsets and ating jobs on both sides of the border. get great credit for work we do. And other things. They could suffer at some It has brought great prosperity to my often much of that work is done by our time in the future, but what we put be- State. The bad news is it has literally staffs. I wanted to be sure to single out fore the Senate when we approved this pounded our roads and highways into these two staffers for Senator BYRD, with the offsets already in there, even dust in many parts of the State. It has and Steve McMillin on my staff who with the new programs for veterans made I–35 in my State a parking lot for has rendered great service to my State that are in here, $600 million, we will hundreds of miles. And we are looking and to the country. not take the extra money out of the at a doubling of the truck traffic over Let me also say it has been one of the NIH and other accounts of government. the next 7 years. great privileges that I have had in pub- I told you I wanted to do that and So one of my major priorities in the lic life in working with Senator BYRD you did not object on the floor, but this bill was to begin to provide funding to on this issue. is the first time we could actually do it develop international trade corridors When we joined forces here I felt it in the bill. We could think about it on and border infrastructure. We provide was like having a team of good, solid, the budget resolution, but we could do $700 million in this bill for that pur- strong mules attached to a wagon that it on the bill. pose. I really see it as the beginning of has been stuck in the mud for a very Mr. GRAMM. My point, and I will something bigger. long time, stuck in the mud as funds yield the floor on this point, our objec- If you look at a map of America and were taken out of the gasoline tax and tive was to guarantee that we spent you look at our Interstate Highway spent on general government, really money on highways, but we didn’t want System, and you stand back from that cheating the taxpayer and deceiving to start a new entitlement program. I map, the plain truth is that we, with the taxpayer in terms of where money think when you try to do something just a few exceptions, we have an east- was going. that has not been done before, it is west interstate highway system. And We have worked together for over a often very difficult. But I think we can what we need to do over the next 50 year, literally had dozens and dozens of take pride in the fact that we do have years is to build a north-south inter- meetings with our staffs, together with all of the offsets in the bill. We are not state highway system to go with it. outside groups. We have worked to- going to bust the budget. We didn’t NAFTA will require that we do that. gether to build a nationwide coalition. start a new entitlement.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5397 Mr. STEVENS. You said that for the commitment we made that the gaso- we should have, we will bring before third time. What is it, if it is not an en- line tax would be spent. the Senate this year an amendment to titlement program? I think, given the commitment the this bill and we will have it out. Mr. GRAMM. What it is is an ear- Senate made overwhelmingly on the We are not arguing over whether the marking of funds to be appropriated for amendment that I offered with Senator highway tax money should be spent for the purpose that the tax was collected. BYRD, we did as well as we could do in highways; we are arguing how it should The Appropriations Committee must meeting everyone’s concern. I am be allocated and when the determina- still act for the money to be spent, but proud of what we have done. I think it tion should be made as to what the pri- we have a guarantee that the money is a good compromise. orities are for the use of that money. cannot be spent on anything else. I conclude by again saying what a This bill will set it for 6 years now. If Mr. STEVENS. If the Senator will great privilege it was for me on this it went through the appropriations yield further, there are lots of pro- bill and my small involvement to work process, we would determine that an- grams where the taxes are collected for with Senator BYRD. nually. a particular purpose. The PRESIDING OFFICER. The I see my great friend here, Senator Take the airports and airways funds, Chair recognizes the Senator from DASCHLE, who just went through that for instance. There is a whole series of Alaska. horrible flood up in his area. We have them. Those funds come from the ap- Mr. STEVENS. Mr. President, I ap- disasters in this country. We have propriations process and they are appreciate what the Senator from Texas earthquakes and floods, and we have propriated. has said. This Senator supported the enormous tornadoes. We have to have You have created an entitlement in concept that moneys which come in discretion to allocate funds in a way this bill, the most massive entitlement through gasoline tax should be spent that meets the best needs of our people other than the Medicare trust fund en- for the purposes the taxes were col- as a whole. titlement, that I know. There is no dis- lected. We have not had an argument I do not think that the bill that is cretion for anyone to change that ex- over that. going to come before the Senate can be cept by an act of Congress, a subse- Where we have the argument is over followed without an enormous spillover quent act of Congress. There is no indi- whether there should be a bill passed into the areas of other nondefense dis- vidual allocation of those moneys to every 5 years that sets absolute cor- cretionary funds, which must be allo- meet needs. ridors for the spending of money, with cated by the Appropriations Com- The President will submit a budget no discretion on the part of appropri- mittee annually. What I mean is, I in January. It will lay out what the ators or the Congress itself to change— think the effect of this bill will be that highway department believes will be 6 years, I beg your pardon. That is even we will have to constrain other non- the return as estimated to have been worse. defense discretionary spending in order brought into the Treasury from the The real problem we have with it is to accommodate the extraordinary de- year before and it will be spent. It will flexibility. I still haven’t seen the bill. mand here that if the revenues from be spent according to this bill. There I have come to tell the Senate that I the gas tax money exceed the caps, ex- will be no review of what has happened have visited with the chairman of the ceed the estimates, it is going to be in the year before, and we in the appro- Budget Committee, for whom I do spent anyway. And we have a 4-percent priations process would go over the share with the Senator from Texas our leeway, what I call a ‘‘fudge factor.’’ budget request through the year and in admiration of the Senator from New But if they go up to 10 percent, we are September send a bill to the President Mexico as the chairman of the Budget going to have to absorb 6 percent of to spend the money as we believe—that Committee. Based upon his under- that from other nondefense discre- Congress believed, not the Appropria- standing of the bill, there is not a great tionary accounts. That is going to af- tions Committee, but Congress be- problem, at least in the first 2 years of fect every single State in the Union ad- lieved—it should be spent. 1999 and the year 2000 with regard to versely. It is going to affect the oper- That will not occur because this the nondiscretionary funds that are ations of this Government adversely. money will be spent according to the within the jurisdiction of the Appro- I can’t tell the Senate it will happen budget received from the Federal High- priations Committee being reduced be- now. I can only tell the Senate that, as way Administration every year. That cause of the expenditure of more mon- I understand the way the bill has been will be done by the Federal Highway eys to highways that are currently es- written, it could happen. And if it does, Administration under their under- timated. I do think that would be a disaster. standing of this law for 5 years. It will Now, that is our understanding. We Again, to a certain extent, I sense a not be changed except by an act of Con- haven’t seen the language yet. To my feeling here, particularly from my gress. knowledge, no one in the Senate yet friend from Texas, that the Appropria- To this Senator, that is the most has read that language. Under the cir- tions Committee has not provided stringent entitlement that we have on cumstances that we have, I have come funds for highways. We have exceeded the Federal laws in this country, that to this conclusion after having the the amount that came in from the gas we have ever had. meeting with our committee members tax in the period of the last 5 years. We Mr. GRAMM. Let me say this. We and listening to the staffs of the Budg- have spent more money through the had a long, running battle over this et Committee and the Appropriations appropriations process for highways issue. We had a long, running battle Committee with regard to the impact than would be spent under this bill for over this issue. Senator BYRD and I put of this bill on the appropriations proc- highways, if we had had the allocation before the Senate the proposition that ess. of funds that the Budget Committee the money collected in gasoline taxes I will not insist upon the delay of has generously brought back into this ought to be spent. We thought it was this bill. However, I believe it may set process and made available for this en- wrong to have it diverted to other uses. a new unfortunate course with regard titlement. We had a choice. The Senate voted to the flexibility and expenditure of This turf battle that I sense is not overwhelmingly for it. We had two taxpayers’ money and the ability to coming from our committee. All we are ways we could go. As the Senator use the money for the purposes that saying is that there is not flexibility knows, the House wanted to do an enti- have the most need at the time the bill here. If the authorizing committee tlement to take it completely out of is passed annually. This is going to wants to pass a law saying you are the appropriations process and out of lock us in for 5 years. Again, I am say- going to allocate this money, then pass the budget. We rejected that. ing to the Senate, with I hope at least a law saying you are going to allocate We tried to find a compromise that the understanding of my great friend it every year. But don’t sit around and would solve both objectives. One, not from West Virginia, this Senator, who tell people you have done a good job for to take it out of the budget process, is chairman of the appropriations bill, the country when you have allocated not to take it off budget, not to take it intends to look at this bill, examine it for 6 years, based upon an estimate out of the appropriations process. But very closely, and if it does constrict us that the two organizations that really on the other hand, to be faithful to the so that we do not have the flexibility are most concerned—OMB and CBO—

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5398 CONGRESSIONAL RECORD — SENATE May 22, 1998 disagree, as you know. They have a real appropriations bill, or does it with the allocations and other things. I about a $10 billion difference in the es- look somewhat like a mandatory pro- didn’t have anything to do with that. It timates of expenditures. We are taking gram? I guess I would have to say, for is not my assignment. I felt somewhat the high one, of course; we are going to all the accolades of trying to keep it uncomfortable. I don’t have author- follow the high one. If we were wearing from being an entitlement, it probably izing authority or appropriation au- our budget-cutter hats, we would take is a bit more on the mandatory side thority. Nonetheless, it fell on me to the low one. But here we are spenders, than it is on the appropriations side. try to make this a fair bill. so we are taking the high one. But at least it does get appropriated When it comes to the appropriations The problem is that one section of every year. There is a firewall, much process, I am going to put in the report this bill says—and I have not seen this like the trust fund established for right now the offsets that are in this yet—if the money doesn’t come in, we crime by the same distinguished two bill. It is not bill language, but we in- have to make it up. I was just told by Senators. If you look in that appropria- sisted early on that we offset the in- one of the staff that that probably is tion bill where we set aside some of the creased expenditures from the appro- not true. He used the words ‘‘flexible savings that would be forthcoming priated accounts, so that by spending guarantees.’’ I am going to be anxious from a reduction in Federal employees, more money, we wouldn’t be cutting to read how we write a bill that is as I recall, you will find it every year the appropriated amounts which we flexible every year based upon the vari- listed as an entrusted amount. If you have set in place by operation of law ations of one anticipated and estimated don’t spend it in that bill—Senator for a number of years. So we used the revenue, as opposed to estimated ac- JUDD GREGG’s bill now —you can’t word ‘‘offsets,’’ and we found some. Maybe there will be a further debate tual revenues, when either one is any spend it for anything. So it is there on the offsets. I am prepared to debate more than an estimate. I have to ad- every year. On the other hand, there is some con- them. I don’t like to be responsible for just the budget and meet a total cap all of the offsets. Some are found by us. level under the budget agreement and cern that if you put a 5- or 6-year program on track and it is not subject to I am more than willing to say I think be subject to a point of order if we are they are fair. We have committed our- not right. appropriations review, which I submit—be it the most in-depth or not—is selves to increasing the expenditures I say to my friends who have been infor highways and mass transit and not volved in this, I wish you luck. Don’t the only annual review we have around here. Others are done willy-nilly and to diminish the amount of money feel surprised if this Senator is back available for the remainder of domestic out on this floor this year with amend- some don’t get reviewed for 10 years, and some do often. The truth is that expenditures under the overall agreements to this bill to do it right. ment that we made with reference to you can’t get away without appropria- Mr. DOMENICI addressed the Chair. the budget. That is the best that we tions review every year, because you The PRESIDING OFFICER. The can do. Chair recognizes the Senator from New have to appropriate every year. This is That does not mean there will not be Mexico. going to have to be appropriated every added pressure for the appropriators Mr. DOMENICI. I will not be long. year. So that part is still there. But es- because of this. It does mean if you Mr. KYL. Will the Senator yield? sentially, in the quest to see that every wanted more flexibility in the highway Mr. DOMENICI. Mr. President, I ask penny of the 4.3 is spent, there is a rec- programs, you won’t have that much. that the Senator from Arizona be per- ognition and a very strong position by But I surmise that before we are fin- mitted 1 minute. the House that the resources, the taxes ished there will be some flexibility, be- The PRESIDING OFFICER. The Sen- that are estimated could be up or down cause there are needs. ator from Arizona. from the obligational authority we at- I also want everybody to know, when Mr. KYL. Mr. President, I ask unani- tribute to them, because if we assume we have departed significantly from mous consent that I may be recognized we are using them all and then the tax the obligational authority for high- after the Senator from New Mexico. comes in higher, we haven’t used them ways and mass transit and increased it The Senators speaking now are more all. If we assume they come in lower, dramatically in the appropriations bill, directly involved in the action going on then we are spending taxes that didn’t for the most part it was when we had here. Therefore, they will explain to come in. an emergency. All that money went to the rest of us what is occurring. I want- Essentially, what the Senator from freeways that went to highways. It ed to ensure that they had an oppor- Alaska, chairman of the Appropria- didn’t come out of the regular trust tunity to speak. I would like the oppor- tions Committee, is concerned about fund, nor would it come out of these tunity to speak after the Senator from is—and I think Senator BYRD and Sen- dollars that are in this bill. You would New Mexico. ator GRAMM, who was an appropriator have an emergency just like you had in The PRESIDING OFFICER. Without for part of his life in the Senate, would the past. objection, it is so ordered. be concerned—if, in fact, you were obli- I send that little summary to the The Senator from New Mexico. gated to spend an amount that rep- desk and ask unanimous consent that Mr. DOMENICI. Mr. President, let me resented an increase, because the reit be printed in the RECORD. first say that I think everybody knows ality was that the tax was higher and There being no objection, the mate- that I have the highest regard for the by doing that you had to cut other ap- rial was ordered to be printed in the distinguished Senator from Alaska, the propriation committees, which would RECORD, as follows: chairman of the Appropriations Com- make that excess a mandatory demand mittee. There should be no doubt in on you—well, I told my friend that I ISTEA CONFERENCE RESOLUTION this body of my very, very high respect didn’t read the language when it was [1998–2003 outlays in billions] and honor for the Senator. Let me re- last drafted. I haven’t seen it yet. In Category WODI Add-ons Total peat. Everybody knows I have the high- fact, for that eventuality, if it is higher est honor and respect for Senator than expected and you have to spend it, Highways ...... $139.2 +14.5 $153.7 Mass transit ...... 27.7 +3.0 30.7 BYRD, also. He has known that for a it holds the appropriators harmless. We long time. I have to say that Senator don’t need to talk about what that Total ...... 166.9 +17.5 184.4 GRAMM started off to do something and means. If you want to say what that he didn’t mince any words. He said Net of off- does to the caps, you say that, I say to Add-ons sets what he was going to do. Joining to- the Senator from Texas; but for the gether with Senator BYRD, he has done Offsets required for add-ons ...... +17.500 ...... time being, I am saying it holds them Potential Offsets to Add-Ons: that. harmless. I would not have spent the Veterans tobacco (OMB Scoring) ...... ¥16.969 0.531 Now, frankly, I believe I can say to extra amount based on estimates. I Veterans add-backs (Montgomery GI) ...... +1.602 2.133 my good friend, the chairman of the think we are accurate and I would have Veterans net savings ...... ¥15.367 2.133 Student loan extension 3 month ...... +0.090 2.223 Appropriations Committee, that this is used them like we have done in the Reduce Social Services block grant ...... ¥2.423 0.200 not what I would have done with ref- past. erence to trying to minimize the way Having said that, obviously, a lot of Net total offsets ...... ¥17.700 (1) this fund looks. Does it look more like Senators are not going to be pleased 1 Not applicable.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5399 Mr. DOMENICI. Mr. President, I back—$1.14 and $1.18, respectively. The all through the night, as I understand yield the floor. Senator from West Virginia, his State it, trying to get this finally nego- Mr. KYL addressed the Chair. receives $1.41 back. Another small tiated—as they are made available to The PRESIDING OFFICER (Mr. State, Vermont, $1.76; South Dakota, us, we will be able to understand some INHOFE.) The Senator from Arizona. $2; Pennsylvania, $1.20. additional information about this. I in- Mr. KYL. Thank you, Mr. President. It turns out that who you are mat- tend to then return and comment some First of all, let me say that I think it ters more in this process of deciding more. is a good thing that we are finally be- how this money that everybody in the But I did want to make the point ginning to spend gas tax money on the country pays— that matters more than right now that I think this is not a purpose for which the tax was collected equity. good process. We are hurrying too in the first place; namely, our highway Once we have an opportunity to re- much. We are spending too much. We and transit systems in this country. view the bill—there has been one copy aren’t going to be able to offset this, But I don’t think it is a good thing available, and everybody has had to try probably, under the estimates that that there are winners and losers in the to sort through that one copy—I think have been provided. There are too process depending upon who you are. there are going to be a lot of criticisms many questions. And the numbers Mr. President, I have a hard time jus- of how this money was allocated. There don’t add up. To the extent that the tifying this legislation to my constitu- will also be a lot of questions asked, States that are making contributions ents in Arizona who continue to ask many of which have been raised here in excess of the amount that they re- me why it is that the fastest growing already. ceive back and are hoping to receive State in the country that sends $1 to How about the offsets? This is all some ultimate relief, it appears that Washington in gas tax continues to get supposed to come out equally, so that we are locked in for a 5- or 6-year pe- less than $1 back. As a matter of fact, we are not spending more than we are riod and that is not to be and, there- because we are a Western State, there taking in. As the Senator from New fore, that our citizens will continue to is also supposed to be some consider- Mexico pointed out, we are now going be discriminated against. ation given to the fact that the wide to use the more generous OMB figures Mr. President, for all of those reasons open spaces require more highways, as than the CBO figures which we have al- I am going to be very disappointed to is the case with many of the other ways insisted on using in the past be- have to change the vote I cast when I Western States. But it is not to be. In- cause we think they are more accurate. supported this bill earlier because I stead, historically Arizona has gotten That would permit us, in effect, to ex- thought we were making progress in 86 cents on the dollar. And, under the ceed the budget caps. changing the formula. I wanted to as- original Senate bill, we were sup- There is a significant question of the sist our leadership in moving toward posedly guaranteed that Arizona would appropriators’ authority, which Sen- the concept that the gas tax dollars receive the generous sum of 91.5 cents ator STEVENS raised. There are ques- will at least be spent on highway and on the dollar. It now turns out that it tions about the earmarks. As far as I transit needs, that I will reluctantly will be 90.5 cents on the dollar. can tell from the information I have, have to vote no on this and just hope in Mr. President, I am not here asking they don’t add up. When the bill left the future, in the interests of States that Arizona receive something extra, the Senate, the formulas for the indi- that are donor States here, that we can unlike a lot of the people who are still vidual State projects called earmarks get a more equitable distribution of negotiating in the cloakroom here. I were supposed to be included within these funds. The PRESIDING OFFICER. The ma- am not asking for money for special the State’s formula allocation. But ap- projects. But I am asking why it is that jority leader. parently that is not true under this Mr. LOTT. Mr. President, first of all, the donor States—the States that send bill, at least to the extent of $200 mil- I acknowledge the Senator from New more than they receive—can’t eventu- lion; I don’t know beyond that. Mexico who spoke just a few moments ally hope to get some equity in this Mr. President, probably the most dis- ago. Senator DOMENICI has been very program. What we are doing here is tressing thing about this is that most helpful throughout this whole process. locking in for 6 years a continued un- of the Senators who are going to vote I appreciate the comments he has just fair program for the 18 or so States on this will not know what is in the made. I appreciate the way he worked that contribute more than they re- bill, and, therefore, they may have a with the authorizers in trying to de- ceive. bit of a hard time explaining to their velop this formula and to establish the Mr. President, this reminds me a lit- constituents later on when problems policy for the future and to deal with tle bit of the ‘‘Animal Farm’’ story of are raised why they were in such a the offsets. He has just been tremen- George Orwell of 1946. It turns out that hurry to vote on this. dously helpful, including working with all the animals in the barnyard were We lose nothing by waiting until we the Appropriations Committee this equal, except that some were more have an opportunity to review this. afternoon. I thank him for his work. equal than others. That is the way it is There is authority for States to con- A lot of other people here put in ef- with the States of the Union here. tinue to spend and charge it against fort on this. Senator BOND, Senator As I said, you have a fast-growing this allocation. That has expired. We GRAMM, Senator WARNER, Senator Western State like Arizona, the fastest can extend that for another 10 days, CHAFEE, Senator BYRD, and Senator in the country, that receives, or would until we get back. KERRY have been involved in this. receive under this legislation, 90.5 But this bill is over $200 billion, one There is a long list of Members on both cents for every dollar sent to Wash- of the largest spending bills that this sides of the aisle who have been in- ington. Senate, this Congress, will have ever volved in this and there has been a lot How will some of the other States authorized, and yet we don’t know of give and take. And some of us were make out? The majority leader pointed most of what is in the bill. giving, even last night, on some out that Senator STEVENS would prob- As I said, what I do know I don’t like, projects for which we were very hope- ably be pretty happy with what Alaska because it appears that once again a ful. got under the bill. Instead, I would be few States are being discriminated But I want to remind my colleagues, happy if I got $5-plus for every dollar against in order that other States, when you might say, ‘‘We could do bet- that I sent, which is what Alaska will which are represented heavily on the ter,’’ this is the largest infrastructure receive. I would be happy if I were in committees that make the decisions, transportation bill in history. The for- Connecticut and I got $1.52 for every will get more than their fair share. mula is more fair than it has ever been dollar I sent; or Delaware, $1.54. These Mr. President, I regret to have to be before. My State got 84 cents on a dol- are very small States, by the way. this critical, but I think it has to be lar in the past; it is going to be in the Montana, a large State—we are sup- said very plainly. 90s, like every other State this year. posed to get a little extra consider- When I have an opportunity to find Most States will be getting more than ation for the size—gets $2-plus back; out a little bit more about it, as the they got over the past 5 or 6 years. my fellow Western States of New Mex- staff is now being made available to So I think we need to get started. ico and Nevada each get more than $1 us—they have been very busy working There are States in this country, in the

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5400 CONGRESSIONAL RECORD — SENATE May 22, 1998 Midwest and the Northeast, they need our work on the tobacco bill. I believe 27, the committees have from the hours to know that they have this money and that is certainly within our reach. 11 a.m. to 2 p.m., in order to file legis- how much so they can get started with I understand, because of the plethora lative or executive reported items. projects now. The season is going to of other bills that are on the calendar, The PRESIDING OFFICER. Without get away from them. So I hope every we have to begin consideration of other objection, it is so ordered. Senator will keep that in mind and issues. We have some amendments and f allow us to get this to completion. bills that we want to raise at some ORDER FOR STAR PRINT—S. 981 f point as well. But I think this schedule accommodates the demands that we Mr. LOTT. Mr. President, I ask unan- SCHEDULE are going to have on our schedule for imous consent that the report to ac- Mr. LOTT. I would like to say to all the balance of the month of June, and company S. 981, the Regulatory Im- Senators, with regard to the week we I am hopeful that we can see the same provement Act of 1998, be star printed, are coming back. I have been dis- level of cooperation on both sides of with changes that are at the desk. The PRESIDING OFFICER. Without cussing this with Senator DASCHLE. the aisle with that schedule that we objection, it is so ordered. When we complete this infrastructure have had over the course of the last 2 transportation bill, ISTEA II, and dis- or 3 weeks. f pose of that, that will be the last vote I certainly have no objections to pro- CONGRATULATING PRESIDENT or action of this week, other than ceeding as the majority leader has sug- CHANDRIKA BANDARANAIKE doing some Executive Calendar mat- gested, certainly with the expectation KUMARATUNGA AND THE PEO- ters we are trying to clear. The next that we will complete our work on the PLE OF SRI LANKA ON 50 YEARS vote will not occur until Tuesday when tobacco bill early when we come back. OF INDEPENDENCE we come back. That would be June 2. The PRESIDING OFFICER. The ma- Mr. LOTT. I ask unanimous consent But when we return on Monday, June 1, jority leader. the Senate proceed to the immediate we will continue to debate the tobacco f consideration of Calendar No. 372, S. bill, and the pending issue is the Dur- NUCLEAR WASTE POLICY ACT— Res. 172. bin amendment. Of course, there are MOTION TO PROCEED The PRESIDING OFFICER. The other amendments that are pending. clerk will report. We will be talking back and forth over Mr. LOTT. Mr. President, I ask unan- The bill clerk read as follows: the next week as to exactly how the imous consent the Senate now turn to The resolution (S. Res. 172) congratulating process will go forward. consideration of Calendar No. 312, the President Chandrika Bandaranaike On that Tuesday, the 2nd, the Senate Nuclear Waste Policy Act. Kumaratunga and the people of the Demo- will conduct a cloture vote on the mo- Mr. DASCHLE. Mr. President, I ob- cratic Socialist Republic of Sri Lanka on the tion to proceed to the nuclear waste ject. celebration of 50 years of independence. bill, which I will put in place in the The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Is there next few minutes, as well as amend- tion heard. objection to the immediate consider- ment votes relative to the tobacco leg- f ation of the resolution? There being no objection, the Senate islation. CLOTURE MOTION I do want to emphasize, the nuclear proceeded to consider the resolution. Mr. LOTT. Mr. President, I ask unan- waste issue we intend to double track. Mr. LOTT. In light of the objection, I imous consent the resolution be agreed That is one where we can take an ac- now move to proceed to Calendar No. to, the preamble be agreed to, the motion and then come off of that and go, 312 and send a cloture motion to the tion to reconsider be laid upon the then, to other legislation, the tobacco desk. The PRESIDING OFFICER. The clo- table, and any statements relating to legislation. And it will take a period of ture motion having been presented the resolution appear in the RECORD. days to get through the process we under rule XXII, the Chair directs the The PRESIDING OFFICER. Without have to go on, on nuclear waste. But clerk to read the motion. objection, it is so ordered. that is not intended to take the place The legislative clerk read as follows: The resolution (S. Res. 172) was of either the tobacco bill or the Depart- agreed to. CLOTURE MOTION ment of Defense authorization bill. It The preamble was agreed to. will be double tracking as we go for- We the undersigned Senators, in accord- The resolution, with its preamble, ance with the provision of rule XXII of the ward. Standing Rules of the Senate, do hereby reads as follows: So I expect the Senate will be consid- move to bring to a close debate on the mo- S. RES. 172 ering the tobacco bill and the nuclear tion to proceed to Calendar No. 312, H.R. Whereas February 4, 1998, is the occasion of waste bill during the first week in 1270, the Nuclear Waste Policy Act: the 50th anniversary of the independence of June. If problems arise with regard to Trent Lott, Frank H. Murkowski, Chuck the Democratic Socialist Republic of Sri either one of those, the other issue Hagel, Slade Gorton, Pat Roberts, Lanka from Britain; that we have already done some work Olympia J. Snowe, Jon Kyl, Tim Whereas the present constitution of the on, and we want to go back to at the Hutchinson, Rod Grams, Spencer Abra- Democratic Socialist Republic of Sri Lanka has been in existence since August 16, 1978, first opportunity, would be the Depart- ham, Pete Domenici, Bill Roth, Don Nickles, Thad Cochran, Michael B. and guarantees universal suffrage; and ment of Defense authorization bill. We Enzi, Charles Grassley. Whereas the people of the Democratic So- need to get that completed so we can Mr. LOTT. I now withdraw the mo- cialist Republic of Sri Lanka and the United then go to the appropriations side of tion. States share many values, including a com- the defense bill. I know that first week The PRESIDING OFFICER. The mo- mon belief in democratic principles, a com- back will be a busy one because we tion to proceed is withdrawn. mitment to international cooperation, and have a lot of important work to do. We Mr. LOTT. For the information of all promotion of enhanced trade and cultural will be in session on Monday, but we ties: Now, therefore, be it Senators, the cloture vote will occur Resolved, That the Senate— will not have recorded votes on that on Tuesday, June 20, at a time to be de- (1) congratulates President Chandrika Monday. termined by the majority leader after Bandaranaike Kumaratunga and the people Senator DASCHLE, did you want to consultation with the minority leader. of the Democratic Socialist Republic of Sri comment or ask a question on that? I ask unanimous consent the live Lanka on the celebration of 50 years of inde- The PRESIDING OFFICER. The mi- quorum call under rule XXII be waived. pendence; nority leader. The PRESIDING OFFICER. Without (2) expresses best wishes to the Govern- Mr. DASCHLE. I appreciate the in- objection, it is so ordered. ment and people of the Democratic Socialist Republic of Sri Lanka as they celebrate their formation the majority leader has just f shared. I think that is certainly in national day of independence on February 4, 1998; and keeping with the understanding that AUTHORITY TO FILE REPORTED ITEMS (3) looks forward to continued cooperation he and I have had in our private discus- and friendship with the Government and peo- sions now for some time. My hope is Mr. LOTT. Mr. President, I ask unan- ple of the Democratic Socialist Republic of that we can come back and complete imous consent that on Wednesday, May Sri Lanka in the years ahead.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5401 SEC. 2. TRANSMITTAL OF RESOLUTION. to the United Nations to carry out this pol- But is there desire that someone wish The Secretary of the Senate shall transmit icy; to have a minute or two? an enrolled copy of this resolution to the (3) the United States should— The PRESIDING OFFICER. The Sen- Government of the Democratic Socialist Re- (A) insist that any efforts to reform the ator from Missouri. public of Sri Lanka. United Nations, including the Security Mr. BOND. Mr. President, I was going f Council, also resolve this anomaly; and (B) ensure that the principle of sovereign to use about 2 minutes to thank the RESOLUTION REGARDING ISRAELI equality be upheld without exception; and distinguished chairman of our sub- MEMBERSHIP IN A UNITED NA- (4) the Secretary of State should submit a committee, the Senator from Virginia, TIONS REGIONAL GROUP report to Congress on the steps taken by the and say kind things about him. But if United States, the Secretary General of the Mr. LOTT. I ask unanimous consent he wishes—— United Nations, and others to help secure Mr. WARNER. Mr. President, I yield the Senate proceed to the consider- Israel’s membership in an appropriate United ation of Calendar No. 373, S. Res. 188. the floor instantly. Nations regional group. Mr. BOND. Mr. President, I rise to The PRESIDING OFFICER. The f say a very quick word or two about the clerk will report. TEA–21 , I believe, Transportation Effi- The bill clerk read as follows: APPOINTMENT BY THE PRESIDENT PRO TEMPORE ciency Act of the year 2000 and to ex- A resolution (S. Res. 188) expressing the press my deep appreciation for the sense of the Senate regarding Israeli mem- The PRESIDING OFFICER. The bership in a United Nations regional group. leadership that Chairman CHAFEE, Chair, on behalf of the President pro Chairman WARNER and Senator BAUCUS The PRESIDING OFFICER. Is there tempore, pursuant to P. L. 103–227, ap- have provided. This, as has been said, is objection to the immediate consider- points the following individuals to the one of the very largest bills that we ation of the resolution? National Skill Standards Board: have acted upon. It has an impact on There being no objection, the Senate Upon the recommendation of the each of our States and will have for the proceeded to consider the resolution. Democratic Leader: Tim C. Flynn, of next 6 years. Mr. LOTT. Mr. President, I ask unan- South Dakota, Representative of Busi- It has been a very difficult fight to imous consent the resolution and the ness; Jerald A. Tunheim, of South Da- raise the dollars necessary and to allo- preamble be agreed to en bloc, the mo- kota, Representative of Human Re- cate them fairly. I express the deepest tion to reconsider be laid upon the source Professionals. appreciation to all three of my col- table, and any statements relating to f leagues I mentioned. the resolution appear in the RECORD. I want to say what tremendous work APPOINTMENT BY THE MAJORITY The PRESIDING OFFICER. Without has been done by the staff on the ma- LEADER AND MINORITY LEADER objection, it is so ordered. jority side, Jimmie Powell, Ann The resolution (S. Res. 188) was The PRESIDING OFFICER. The Loomis, Dan Corbett; on the minority agreed to. Chair announces, on behalf of the two side, Tom Sliter and Kathy Ruffalo. The preamble was agreed to. leaders, pursuant to provisions of S. On my own staff, Tracy Henke has The resolution, with its preamble, Res. 98, agreed to July 25, 1997, the ap- worked literally hundreds of hours and reads as follows: pointment of the Senator from Ne- has had very little sleep, as all of the S. RES. 188 braska (Mr. KERREY) to the Global Cli- staff on Environment and Public Whereas, of the 185 member states of the mate Change Observer Group, vice the Works. They have done an outstanding United Nations, only the State of Israel is Senator from New Mexico (Mr. BINGA- job. ineligible to sit on the Security Council, the MAN). When we started this process, I said Economic and Social Council, or any other there were five essential goals: In- United Nations committee; f Whereas the State of Israel was created in crease the funding for highways. We UNANIMOUS CONSENT REQUEST— need a bigger pie. We need, for the response to a 1947 General Assembly resolu- CONFERENCE REPORT TO AC- tion and joined the United Nations in 1949; State of Missouri, to get a fair share. Whereas the members of the United Na- COMPANY H.R. 2400 We must upgrade and repair deterio- tions have organized themselves according Mr. LOTT. Mr. President, I ask unan- rating bridges. We need to put the to regional groups since 1946; imous consent the Senate now proceed trust back into the highway trust fund Whereas eligibility for election to the ro- to the ISTEA conference report not- so that people who pay gas taxes into tating seats of the Security Council, or other withstanding the receipt of the papers the trust fund will know that those gas United Nations councils, commissions, or committees, is only available to countries and the reading be considered dis- taxes are coming back to build better belonging to a regional group; pensed with. roads, bridges, highways and transpor- Whereas Israel has remained a member of Mr. KERRY. Mr. President, reserving tation system. Finally, there should be the United Nations despite being subjected the right to object. flexibility so the States and localities to deliberate attacks which aimed to place The PRESIDING OFFICER. The Sen- can get the most for their money. the legitimacy of the State of Israel in ques- ator from Massachusetts reserves the I am delighted they have approved all tion; right to object. those principles. I note for the Record Whereas this anachronistic Cold War isola- Mr. KERRY. Mr. President, as I have what I have noted in committees, in tion of Israel at the United Nations continues; discussed with the distinguished major- conferences, in individual discussions. I Whereas barring a member of the United ity leader, I do not want to slow up the have grave and deep problems with and Nations from entering a regional group is in- proceedings. I never have. I am trying do not agree with the use of the funds imical to the principles under which the to simply resolve a couple of last- from a newly and administratively cre- United Nations was founded, namely, ‘‘to de- minute details. So I am constrained to ated veterans’ smoking program to off- velop friendly relations among nations based object, at least for a few moments, set the expenditures of the highway on respect for the principle of equal until Senator CHAFEE can finish doing fund. I believe the highway fund should rights . . .’’; and what he is doing and we have a chance be spent for highways; veterans’ funds Whereas Israel is a vibrant democracy, which shares the values, goals, and interests to confer. I assure my colleagues, this should be spent for veterans. I have of the ‘‘Western European and Others should not be a long-term process, and fought those battles; I have lost those Group’’, a regional group which includes I hope we can resolve it very, very battles because the President has in- Australia, Canada, New Zealand, and the quickly, but I do object at this mo- sisted on using that as an offset. I in- United States: Now, therefore, be it ment. tend to come back and work with col- Resolved, That it is the sense of the Senate Several Senators addressed the leagues, such as Chairman SPECTER of that— Chair. the Veterans’ Committee, Senator (1) it should be the policy of the United The PRESIDING OFFICER. The Sen- MCCAIN, Senator SMITH and others to States to support the State of Israel’s efforts to enter an appropriate United Nations re- ator from Virginia. put a good veterans health care meas- gional group; Mr. WARNER. Mr. President, I un- ure into the next vehicle, and I believe (2) the President should instruct the Per- derstand, as one of the managers of the that is probably going to be the to- manent Representative of the United States bill, we can speak at some length here. bacco bill.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5402 CONGRESSIONAL RECORD — SENATE May 22, 1998 We are going to see that our veterans for us to do for each other and for our Senator STEVENS was very helpful, be- are cared for. I realize that offsets are country. cause this is a very complex series of needed. I do not think we should have I will withhold momentarily, but I votes and then adjustments to the var- taken this one. But for our State, we am going to renew this request in just ious accounting principles and budget are going to receive tremendous bene- a few minutes. principles which we adhered to in the fits in Missouri. This is nearly a 53-per- Mr. WARNER addressed the Chair. Senate. cent increase in the annual funding for The PRESIDING OFFICER. The Sen- So many persons are deserving of a the State of Missouri where our roads, ator from Virginia. great deal of credit for providing this highways and bridges are not just a f important conference report which will shortly be voted on by this body. matter of convenience, they are a mat- ISTEA ter of life and death. Safety depends The staff is extraordinary. In my 19 upon adequate roads. Mr. WARNER. I thank the Presiding years in the Senate, I do not know of For the first time, we are going to Officer. another instance in which I have seen see our share of the funds moving up Mr. President, while both leaders are more dedicated service. By my side from the low 80 cents per $1 sent in to present on the floor, as one who has here in the Chamber is Ann Loomis, almost 92 cents. We will see a structure been involved for a year and a half in who was the counsel for the sub- to ensure the gas taxes will be used for preparing the legislation which now, committee, who 15 months ago worked highways and transportation. The hopefully, will be voted upon by the and traveled, as did I and others, to flexibility is expanded and for good Senate, I thank my distinguished col- gain the very important information measure. league, the majority leader, and my from across the United States to incor- I thank the leaders for agreeing to colleague, the distinguished minority porate into this bill. Kathy Ruffalo of my wetlands banking amendment leader. I just think of how many times Montana was Senator BAUCUS’ prin- which will enable us to ensure im- during the course of this conference we cipal assistant on the committee. She proved protection for wetlands in ac- have made calls to them to seek their also worked with us throughout this commodating the highway construc- guidance that both are entrusted to bill, as did Ellen Stein of my staff. tion. give as a consequence of their very im- Jimmie Powell, of course, is the staff Last year, I worked with people on portant positions. director. Dan Corbett, Tom Sliter—and both sides to put through the Bond ex- I also have virtually over the last 7 all too often we forget the many others tension which kept the highway fund- days and nights worked at the side of who are back in the offices of the Sen- ing flowing until May 1 of this year. We my distinguished chairman, Senator ators, who represent those Senators on have not had contract authority, obli- CHAFEE, and the distinguished ranking the committee in the long hearings and gation authority for the last month. I member, the Senator from Montana, the workup of this legislation, and, believe the President, through his Sec- Mr. BAUCUS, as we prepared and then I most particularly, the support staff retary of Transportation, expressed think very fairly, forcefully and suc- who are on the Environment and Pub- great appreciation for this measure, cessfully advocated the Senate’s posi- lic Works Committee—all contributed to making this, I think, the most sig- and I hope that we can pass it today tion before the House of Representa- nificant bill in the history of the and get it signed by the President so tives. United States of America addressing we can go back to rebuilding the roads, The House was very ably represented transportation needs. bridges and highways that are vitally by Chairman SHUSTER, ranking mem- How often has Senator GRAMM or important for our country. ber Congressman OBERSTAR, Congress- man PETRI, Congressman RAHALL—the Senator BYRD pointed out that we are I thank the leader and thank the in a one-world market. To the extent leadership of the committee. four from the House versus the three from the Senate. that we in the United States can have f It was a long conference. Not until an efficient and safe transportation UNANIMOUS CONSENT REQUEST— late last night did we put in place the system is to the extent we can compete CONFERENCE REPORT TO AC- final decision for the foundation on with nations far beyond our shores. COMPANY H.R. 2400 which I believe this bill rests, and that Our system was aging, continues to age; and this bill makes the necessary Mr. LOTT. Mr. President, I renew my is equity among the States. Fifteen corrections. And through the leader- unanimous consent request that the months ago, as chairman of the sub- ship of Senator BYRD and Senator Senate proceed to the ISTEA con- committee in the Environment Com- GRAMM, we got the additional funds to ference report, notwithstanding the re- mittee entrusted with this important make it the most meaningful transpor- ceipt of the papers, and that the read- legislation, we embarked on the hearing process for this legislation. We held tation bill in America’s history. ing be considered dispensed with. Equity was the theme, the very The PRESIDING OFFICER. Is there hearings in seven different States be- theme that united all of us. While we objection? cause it was essential to go out and get incorporated many of the principles of Mr. KERRY. I object at this point. the views of the people: The citizens, ISTEA, the bill passed in 1991—and it Mr. LOTT. I thought this was going the supervisors, the State legislatures was important to do so—there were to be resolved. and, indeed, the representatives of corrections that, I can say, as softly, I Mr. KERRY. We are just in conversa- their legislatures and the Governors suppose, as it can be expressed, were tion now, Mr. President. If we can just themselves. Senator BAUCUS and I ac- very definitely needed to correct what have time so we can complete the con- tually went to a joint hearing of the we felt were inequities in ISTEA. versation. States of Montana and Idaho. Senator Mr. President, I see the distinguished Mr. LOTT. Mr. President, I intend to HAFEE C held hearings in other parts of leader. I will be happy to yield. renew this request about every 2 min- America. So we didn’t just sit in Wash- utes for the remainder of the day, and ington, we went to where the problems f as soon as we get this consent, I sug- are and to learn firsthand. UNANIMOUS CONSENT REQUEST— gest we go to a recorded vote, because Senator BAUCUS has been an absolute CONFERENCE REPORT TO AC- there are major problems being caused brick, as we say throughout my part of COMPANY H.R. 2400 by this delay and they are only going the world, as my partner, together with Mr. LOTT. I renew my request that to grow. In that Senators want to ex- Senator CHAFEE, not only in the final the Senate now proceed to the ISTEA press their interest, concern, apprecia- hours, but throughout the 15-month conference report notwithstanding the tion or hatred, they will be able to do process to bring this bill to fruition. receipt of the papers, and the reading so at great length. The dollar value represents the larg- be considered as dispensed with. I hope we can get something done est increase in the history of America. The PRESIDING OFFICER. Is there here so we can move to this unanimous Many people played a vital role in that, objection? consent request and then move to a notably the senior Senator from West Mr. WYDEN addressed the Chair. vote. Senator DASCHLE is in concert Virginia, the senior Senator from The PRESIDING OFFICER. The Sen- with me on this. It is the right thing Texas, Senator DOMENICI and, indeed, ator from Oregon.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5403 Mr. WYDEN. Reserving the right to Mr. WARNER. Ninety and a half. The PRESIDING OFFICER. The re- object, I am very hopeful I will not Mr. COVERDELL. And a half. port will be stated. have to object in a couple minutes. And Mr. WARNER. That is correct. The assistant legislative clerk read just a couple of matters have to be re- Mr. LOTT. Would the Senator allow as follows: solved. I think we can do it quickly. me to renew this unanimous consent The committee on conference on the dis- Mr. LOTT. Is there objection? request? agreeing votes of the two Houses on the The PRESIDING OFFICER. There is Mr. WARNER. Yes. amendments of the Senate to the bill (H.R. objection. Mr. LOTT. I thank the Senators who 2400), have agreed to recommend and do rec- Mr. LOTT. Thank you. I thank the are on their feet. I think this will allow ommend to their respective Houses this report, signed by majority the conferees. Senator for yielding. everybody to continue in a moment. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- f ator from Virginia is recognized. objection, the Senate will proceed to TRANSPORTATION EQUITY ACT Mr. WARNER. Mr. President, I would the consideration of the conference re- FOR THE 21ST CENTURY—CON- like to continue. port. FERENCE REPORT (The conference report is printed in f Mr. LOTT. I ask unanimous consent the House proceedings of the RECORD of ISTEA again, Mr. President, the Senate pro- May 22, 1998.) Mr. WARNER. Equity for the donor ceed to the ISTEA conference report Mr. WARNER. Mr. President, I now States. ‘‘Donor States’’ is a category notwithstanding the receipt of the pa- ask for the yeas and nays on the bill. The PRESIDING OFFICER. Is there a created by ISTEA I. We never actually pers and the reading being considered sufficient second? heard that term prior to ISTEA I. But dispensed with. There appears to be a sufficient sec- generally speaking, what it represented The PRESIDING OFFICER. Is there objection? ond. was as a consequence of ISTEA I, a The yeas and nays were ordered. Mr. DASCHLE. Reserving the right group of States, about 18 to 20 in num- Mr. WARNER. I thank the Chair. ber. Some were right on the borderline. to object. Mr. President, the Senator from Those States, when their citizens or The PRESIDING OFFICER. The Georgia was posing a question to the visitors in those States went to the gas Democratic leader. Senator from Virginia. pump and paid this very significant Mr. DASCHLE. I would suggest per- Mr. COVERDELL. In essence, I was Federal gas tax, those 19 States got haps we could make the unanimous asking if the conference report—the back a very small amount in compari- consent request subject to the cir- floor was 90, so that although South son to other States whose return, as a cumstances that are now being dis- Carolina was getting 71 cents back and consequence of ISTEA, was far higher. cussed with the Senator from Oregon Georgia 74, we could expect, if this My State got 79 cents on what we and the Senator from Massachusetts, were to pass, 90.5 cents? called the apportion dollar that comes that assuming that those two matters Mr. WARNER. Mr. President, the back from the highway trust fund; could be worked out, that no additional Senator from Georgia is correct. And I other States had equally. Several had unanimous consent requests would be must say that it was only because of less than my State. And that was basi- in order. the efforts of the Senator from Geor- cally an unfairness to the citizens of Mr. LOTT. Mr. President, I ask unan- gia, the Senator from South Carolina, that State, that those moneys that imous consent that the Senate now and all in the donee-donor dispute—the they expended in a Federal tax, and proceed to the ISTEA conference re- donor States bonded together. I thank which was represented as to be for the port, notwithstanding the receipt of the Senator for his help, because with- purpose of highways, did not come the papers, and it be in order for me to out it we could not have achieved this back in what I believe was a fair for- ask for the yeas and nays on the adop- result. mula. tion of the conference report, and, fur- Mr. COVERDELL. One more com- So the foundation in this bill was to ther—— ment. There are still donor States, so change that inequity such that that Mr. WYDEN addressed the Chair. there is in this agreement a recogni- class of donor States received no less Mr. LOTT. Let me complete my re- tion of special circumstances, dis- than 90.5 percent. quest. And, further, I ask unanimous tances, rural areas, or other infrastruc- Mr. REID. Would my friend yield for consent that if the House passes the tures. There is still a subsidy that oc- a unanimous consent request? identical text, the vote be considered curs, some of it legitimate. Mr. WARNER. Yes. as having occurred on the conference Mr. WARNER. Mr. President, the Mr. REID. I appreciate it very much. report. I further ask unanimous con- Senator is correct. There are certain I am sorry to interrupt. sent that this agreement be null and programs, like the Federal Lands Pro- f void only by the Senator from Oregon, gram, certain environmental programs, Senator WYDEN, within the next 5 min- to which all the States contribute. The PRIVILEGE OF THE FLOOR utes. Senator is correct. Mr. REID. Mr. President, I ask unan- Mr. HARKIN. I object. But the major achievement is the imous consent that Drew Willison, a Mr. LOTT. I renew the same request floor, which is a floor that puts us in congressional fellow in my office, be al- with the exception of Senator WYDEN range with almost all the other States lowed privileges of the floor during the and the Senator from Iowa. of significant size. For instance, the debate on this conference report. The PRESIDING OFFICER. Is there smaller States, there are 13 small The PRESIDING OFFICER. Without objection? States. That was the second building objection, it is so ordered. Without objection, it is so ordered. block that the Senator from Virginia f Mr. WYDEN. Mr. President, in re- put together to formulate this bill sponse to the majority leader’s request months ago. It seems so long ago now. ISTEA for unanimous consent to proceed to The distinguished Senator from Mon- Mr. COVERDELL. Will the Senator the conference report on ISTEA with- tana was a key player in that, Senator yield? out having all of the conference report GRAHAM of Florida, and we put this to- Mr. WARNER. Yes. papers in hand, I must withhold my gether. Mr. COVERDELL. With regard to consent until I have had the oppor- Indeed, I would like to acknowledge this question of donor States, the two tunity to review the sections of the re- the participation by the Governors of States that were the most—if that is a port relating to important funding and these various States, the donor States, standard, legitimate standard—the two project matters for Oregon. It is not and the small States, and their various States that received the weakest re- my intent to delay final action on this highway representatives. turn were South Carolina and Georgia. major piece of legislation; however, I So that was the nucleus, the engine It is my understanding that the pro- want to be assured that commitments that began to take this bill down. vision we are now talking about has a that have been made are reflected in Mr. COVERDELL. I won’t interrupt floor of 90—— fact in the conference documents. the Senator’s speech, but I take this

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5404 CONGRESSIONAL RECORD — SENATE May 22, 1998 moment to commend the Senator from sions which hold great promise to save senior staff. There was a general con- Virginia. This has been a very vexing lives. sensus at this conference that the $900 issue, and I thank the Senator. First, there is a new incentive pro- million was as much as we could Mr. WARNER. I thank the Senator gram to give States funding based on achieve under this particular piece of for his very active participation. I feel each State’s improvement in seat belt legislation, recognizing that these dol- a certain sense of achievement that use. I want to particularly acknowl- lars were in competition with the other this Senator from Georgia can go back edge the important contribution of 48 States and Maryland and Virginia now and say to his constituents at long public interest groups speaking on be- and, of course, the District of Colum- last equity prevails in the distribution half of safety. Those groups indicated bia. of our highway trust fund. that this will greatly reduce highway Therefore, another piece of legisla- Mr. COVERDELL. I thank the Sen- deaths and injuries. tion will have to be carefully drafted ator. Second, the conference report con- by the White House, in consultation Mr. WARNER. Did the Senator have tains a new incentive grant program to with the Governors of Maryland and a question? reduce drunk driving by rewarding Virginia and the representatives of the The PRESIDING OFFICER (Mr. States who have passed .08 blood alco- District of Columbia, to allocate the BROWNBACK). The Senator from Vir- hol content law. next financing package which could be ginia has the floor. Third, the conference report includes as high as this one between the several Mr. WARNER. I yield for a par- a new program to require States to States, notably Maryland and Virginia, liamentary inquiry. adopt minimum penalties for repeat and the District. I think they should Mr. HARKIN. Parliamentary inquiry. drunk driving offenders. bear a portion of it, and a further sig- I wonder if we could get 5 more min- I am privileged to say that was a con- nificant contribution, I presume the utes. clusion that this Senator made after majority, coming from the Federal Mrs. MURRAY. I object. close consultation with many safety Government and how that would be fi- Mr. LOTT. Reserving the right to ob- groups, and, indeed, acknowledgment nanced. There were a number of ject, you are just extending for 5 more should be to the other groups—res- schemes which I think were quite inno- minutes? taurant groups and others who came in vative and discussed, but I will leave it Mr. HARKIN. Yes. to see us on this issue. Statistics on up to those drafters of the legislation Mr. LOTT. I have no objection. drunk driving confirm that repeat to work out those details. Mr. WARNER. I thank the Chair. The drunk drivers represent one of the I will be pleased, and, once again, to- Senator from Virginia is one of the most significant parts of our tragedy gether with our colleagues, to work to- managers of the bill and very much on the highways today, as a con- wards passage of this legislation in a wants to accommodate other Senators. sequence of alcohol. timely manner. I understand the distinguished rank- Fourth, another Senate provision re- Mr. President, I conclude my re- ing member of our committee is about quiring States to enact laws against marks on this bill, again, commending to have a colloquy with the Senator open alcohol containers is included. our distinguished chairman, Mr. from Oregon, so I yield for that purpose Senator DORGAN was particularly in- CHAFEE, and the ranking member, Mr. and then thereafter would like to re- terested in that, and he deserves much BAUCUS—the three of us were the prin- gain the floor for my speech. credit for bringing that to the Senate’s cipal negotiators for the conference— Mr. WYDEN. Thank you, Mr. Presi- attention. and, again, paying great respect to my dent. I thank the Senator from Vir- These four provisions, I believe, begin staff, and most particularly to this ginia for his graciousness. a new day in our efforts to improve the loyal one seated next to me, Ann Mr. President, I would like to enter safety of our Nation’s highways. The Loomis. into a colloquy with the ranking mem- conference report contains a new title, I yield the floor. ber regarding the Intelligence Trans- championed by Senator CHAFEE, the Mr. DODD. Mr. President, I rise portation System Program. distinguished chairman, and Senator today to express my views on the Would the Senator from Montana GRAHAM of Florida, to implement inno- ISTEA conference report. I commend agree the policy in the program in- vative financing techniques to leverage the work of the Conference Committee tended to encourage private sector in- private dollars for transportation on the job it has done. This is land- vestment should be implemented in a projects. mark legislation. It represents the manner that does not interfere with The bill also recognizes the signifi- most substantial transportation legis- ongoing technology, deployment, and cant needs of our border States who lation ever considered by the Congress. system implementation in States that have experienced significant transpor- The bill provides much needed funds have already made a substantial in- tation growth since the passage of for both the construction and repair of vestment in its tests and deployment? NAFTA. our nation’s roads, bridges and rails. Mr. BAUCUS. Mr. President, I say to There is a new $700 million grant pro- This legislation will provide the addi- my very good friend, the Senator from gram to meet the needs of our border tional resources for our states to meet Oregon, I strongly agree with the Sen- States and those trade corridor States their compelling transportation needs. ator. In States that have already made carrying significant traffic to those I am particularly pleased that the a substantial investment in intel- areas. bill preserves the concept of intermod- ligence transportation tests and de- Lastly, there is a provision in the alism. After completing the nation’s ployment projects, nothing in this bill conference report to provide $900 mil- interstate highway system several before us, the new TEA–21, the old lion to replace the aging Woodrow Wil- years ago, we decided in the ISTEA bill ISTEA II bill, will interfere with ongo- son Bridge. I wish to express my appre- adopted in 1991 that transportation was ing deployment and system implemen- ciation to my colleagues from Mary- not just about highway construction. tation in these States. land and my colleague from Virginia, We committed ourselves to investing Mr. WYDEN. I thank the Senator Mr. ROBB, and, indeed, strong assist- funds in other modes of transportation, from Montana. It is particularly impor- ance from the House. Chairman SHU- such as light rail, bus and ferries. If tant to encourage transportation inno- STER was very supportive, as was Mr. our nation is to move people and goods vation. Oberstar. While they did not put it in safely and efficiently in the 21st cen- I thank the Senator. I yield the floor. the House bill, they recognized I would tury, we must diversify our transpor- Mr. WARNER. Mr. President, refer- have it in the Senate bill, and at a fig- tation system. This legislation con- ring to the bill, we have not discussed ure considerably above the request by tinues on that course. today the important strides made in the President. We have also preserved our commit- safety of the traveling public. Nearly The President took a personal inter- ment to mass transit, which is ex- 440,000 persons a year, regrettably, lose est in this bridge and summoned a tremely important in densely-popu- their lives on highways and many more number of us to the White House, to a lated states like Connecticut. I was suffer incredible injuries. The bill in- very important conference presided particularly pleased to join Senators cludes four new and significant provi- over by the Director of OMB and his D’AMATO and SARBANES in a successful

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5405 effort to increase funding for mass child care and nutritional assistance to Uncontrolled development not only transit by $2.4 billion dollars during de- these needy Americans. As a member hurts our citizens where they live and liberations between the House and the of the Labor Committee, I intend to breathe, it also hits them in their wal- Senate conferees. I want to commend work with members of the appropria- lets. Several studies have come out my two colleagues for their vigilance tions committees to made sure that we that show the costs of sprawling in this effort. find the resources to provide for these growth are significantly higher than This legislation also furthers envi- families. more compact, managed growth pat- ronmentally-sound principles such as Mr. WYDEN. Mr. President, for our terns. These studies show that tax- congestion mitigation, air quality im- nation’s economy, transportation is payers can save billions of dollars in provement and alternative fuel tech- literally where the rubber hits the public facility capital construction and nologies. I believe that energy-efficient road. There are few things more impor- operation and maintenance costs by and environmentally-friendly means of tant to my home State of Oregon or to opting for growth management. transportation are not only possible, the country’s economy than how well Because of the major impacts Feder- but essential if our nation is going to we build and maintain our transpor- ally funded transportation projects can remain strong, competitive and envi- tation system. Transportation is one of have, there is an appropriate role for ronmentally healthy into the next cen- the basic ingredients in any economic the Federal government in ensuring tury. In this regard, I am particularly growth recipe. It is one of the key these projects and the development pleased that the conference report re- things that businesses will look at as they spawn are both economically and tains the Senate-passed level of fund- they consider where to locate. environmentally sound. Both houses of Congress recognized ing for the development and deploy- That role should not be to embroil this in passing bills to rev up transpor- ment of maglev high speed rail. This is the Federal government in land use de- tation spending over current levels. an extraordinary technology that can cisions that have historically been Providing more money transportation move people and goods on a fixed State and local issues. We don’t want money clearly helps keep us on the guideway at speeds of up to 300 mph. I Federal zoning. believe that this mode of transpor- road to competitiveness and economic prosperity. Instead, the proper role for the Fed- tation can be to the 21st century what eral government is create incentives to airplanes were to the 20th century, and But the transportation debate involves more than just economics, as encourage and build on the State and trains were to the 19th—namely, a dra- important as that is, it’s also about our local efforts to address transportation matic step forward in safe, efficient quality of life. I’ve always believed and growth that are already underway. and reliable transportation. I applaud that you can’t have major league qual- I am very pleased to report that the Senator MOYNIHAN for his stalwart ef- ity of life with minor league transpor- ISTEA conference report includes a forts to support maglev technology. program I proposed to help local com- In summary, Mr. President, this is tation systems. In the modern world, a transportation bill is about so much munities grow in environmentally sus- good and important legislation. It will tainable ways by creating incentives improve transportation safety, reduce more than just how you get from point A to point B. for local growth management. congestion, diminish pollution, in- Congress recognized this when we I greatly appreciate Chairman crease efficiency and create jobs for passed the original ISTEA legislation. CHAFEE, Chairman WARNER and Sen- the people of America. For these rea- For the first time, there was Federal ator BAUCUS working with me to in- sons, the conference report has my sup- recognition that decisions about where clude this program in the bill. Chair- port. That is not to say, however, that and how to build transportation man CHAFEE and the other managers of this is a perfect piece of legislation. I projects can have tremendous impacts the legislation also deserve enormous have a number of concerns, as I know on our communities, our environment credit for how they have built on and that my colleagues do, that I hope will and our citizens’ quality of life. reinforced the goals of the original be addressed as we go forward. Through ISTEA, we began to consider ISTEA law. Thanks to their efforts the I am disappointed that the con- the true costs of our transportation bill now before the Senate will enable ference report did not include the Sen- spending as part of the process of plan- our national environmental policies to ate provision that would penalize ning transportation projects. And, for merge more smoothly with our trans- states if they failed to change the legal the first time, Federal funds were made portation policies. definition of intoxication to .08 nation- available to mitigate the impacts of ally. Although I am pleased that the The new Transportation and Commu- these projects throught the CMAQ and nity and System Preservation Program conference report contains incentives the Transportation Enhancements Pro- for states to move in this direction. provides $25 million per year inves- grams. tigate and address the relationships be- I am also concerned that the bill off- ISTEA recognizes that properly sets some of its spending with a reduc- tween transportation projects, commu- planned and constructed transpor- nities and the environment. The Pro- tion in expenditures for veterans in tation systems are both economically need of treatment for smoking-related gram consists of three parts: efficient and environmentally sound. (1) a comprehensive research pro- illnesses. For years the United States Badly designed or badly built sys- gram; military effectively encouraged active tems waste taxpayer money and con- duty forces to smoke by providing tribute to traffic congestion that (2) a planning assistance program to them with free cigarettes. Therefore, it snarls our highways. This causes both provide funding to States and local is only fair that the federal govern- additional stresses for commuters and governments that want to begin inte- ment bear its fair share of responsi- additional exhaust emissions that de- grating their transportation planning bility for treating veterans with ill- grade the quality of our air. with community preservation, environ- nesses contracted as a result of addic- Both the Senate and the House bills mental protection and land use poli- tion to those cigarettes. I intend to continue many of these landmark ini- cies; and work with my colleagues, including Mi- tiatives of the original ISTEA legisla- (3) an implementation assistance pro- nority Leader DASCHLE and Senators tion. These were clearly good first gram to provide funding to States and LIEBERMAN and ROCKEFELLER, to insure steps, but if we’re going to improve local governments that have developed that as Congress continues consider- both our transportation system and state-of-the-art approaches to inte- ation of tobacco legislation, we provide our quality of life, we need to do more grate their transportation plans and for the needs of our veterans. than spin our wheels. programs with their community pres- I am also concerned about the reduc- Today, the Congress has recognized ervation, environmental and land use tion in the Social Services Block that the Federal government’s role in planning programs. Grant. This block grant is important funding transportation project also has The research program will create a to children and families of modest ripple effects on patterns of develop- database on the experiences of commu- means throughout the country. We ment in our local communities. When nities in uniting transportation, com- must not compromise on our commit- it comes to transportation, if you build munity preservation, environmental ment to provide better health care, it, they will come and build around it. and land use goals and decision making

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5406 CONGRESSIONAL RECORD — SENATE May 22, 1998 processes. This research will also iden- Surface Transportation Program (STP) of this legislation will improve the tify benchmarks for measuring the per- funds to develop housing and commer- safety of our roads, create jobs, spur formance of communities’ experiences. cial properties around light rail sta- economic activity and give more Amer- This information will be a valuable re- tions. Our folks have even figured out icans a shot at the American Dream. I source to help communities throughout how to use $3.7 million CMAQ air qual- strongly urge my colleagues to join me the nation meet their future transpor- ity funds to help pay for sidewalks, in support of this legislation. tation needs with lower environmental light rail tracks and landscaping in Mr. SMITH of New Hampshire. Mr. impacts, improved transportation effi- these developments. President, I join the majority of my ciency, lower infrastructure construc- These policies make the State of Or- colleagues today in expressing strong tion and maintenance costs, and in a egon, METRO, the City of Portland, support for the conference report on way that is more responsive to the and other localities in our State ideal H.R. 2400, the Intermodal Surface views of their citizens. candidates to apply for implementa- Transportation Efficiency Act reau- The planning assistance provided by tion grants under the Transportation thorization. As a member of the con- this program will mean additional fi- and Community and System Preserva- ference committee, I know the amount nancial resources to States and com- tion Program. of time and effort that was put into de- munities that wish to explore ways to Mr. KERREY. Mr. President, I rise veloping this final agreement. I believe integrate their transportation pro- today to discuss the Conference Report a fair compromise was reached among grams with community preservation, to the Intermodal Surface Transpor- the wide variety of interests and be- environmental and land use planning tation Efficiency Act of 1998 (ISTEA). tween the House and Senate. programs. Participants in this plan- During this period of tremendous eco- This legislation represents a change ning assistance program would be able nomic growth, I believe investing in from past transportation legislation to develop their own local approaches the nation’s transportation infrastruc- and a shift toward an integrated, inter- to meet their needs. And, as their pro- ture should be one of our highest prior- modal transportation system to programs develop, they could become eli- ities. I am pleased to offer my support mote efficiency and economic growth. gible in the future for funding to help to the passage of this legislation. Some of its major provisions include: implement their locally developed so- Mr. President, despite my support for assurance that gas tax dollars are used lutions. the improvements in the for transportation purposes, greater Finally, for States and communities transportational infrastructure that planning authority for state and local which already have established com- will occur as a result of this bill, I have government, increased funding for munity preservation or land use pro- strong concerns about one of the fund- highway safety, and funding for envi- grams, the program provides additional ing sources contained in this legisla- ronmental protection activities. financial resources to enable them to tion. I do not believe that we should A reauthorized ISTEA should continue to recognize regional differences carry out transportation projects that take money from veterans disability but at the same time, recognize that also meet community preservation, en- programs to be spent building roads. At our transportation system is a national vironmental and land use goals. In pro- a time in which the veterans hospitals system. Certainly, every state want to viding this assistance, the Secretary of in my state are experiencing budgetary get its ‘‘fair share,’’ and we will need to Transportation is directed to give pri- shortfalls, I am troubled about trans- balance each state’s needs with the ority consideration to applicants that ferring funds away from the Veterans Administration (VA). We in the United needs of the Nation. have instituted policies such as direct- From New Hampshire’s perspective, States have a long-standing commit- ing funds to high growth areas, urban it is important to ensure that small ment to providing benefits and growth boundaries to guide metropoli- states continue to receive adequate healthcare to those who have served tan expansion, and ‘‘green corridors’’ funding for their infrastructure needs. programs. our country in the Armed Forces. In New Hampshire strongly supports cer- My home State of Oregon leads the my opinion we should be working to tain programs, such as the Bridge Re- nation in developing innovative ap- strengthen that commitment, not habilitation, Scenic Byway and Rec- proaches to manage our growth and to weaken it through budgetary slight of reational Trail programs, that other tie transportation policies in to growth hand. states may not need as greatly. The The issue of providing compensation management. Our statewide land con- strength of this legislation is that it to veterans for tobacco-related ill- servation and development program re- recognizes these varying needs and pro- nesses is one which the Congress must quires each municipality to establish vides states with the flexibility to dian urban growth boundary to define take closer look at in the coming rect funding as they see appropriate. both the areas where growth and devel- months. During consideration of the There are many challenges before us opment should occur and those areas FY99 Budget Resolution, I voted in as we operate in a balanced budget en- that should be protected from develop- favor of an amendment that requires vironment—something for which I have ment. This system keeps agricultural the Veterans Administration, Office of fought long and hard. Our needs will al- and forest lands in productive use and Management and Budget (OMB), and ways outweigh our resources. But we preserves ‘‘green corridors’’ for hiking, the General Accounting Office (GAO) also have to recognize how critical our biking and other recreational uses that to jointly study the VA General Coun- transportation system is to our econ- are located in or close to urban areas. sel’s determination regarding com- omy and social well-being. While it is Our transportation planning and con- pensation for tobacco-related illnesses. difficult to balance these frequently struction efforts reinforce these poli- I fully expect Congress will conduct a competing goals, I believe this bill cies by not only avoiding developing in detailed examination of the results of strikes the right balance in providing environmentally sensitive areas but this study and will engage in full dean adequate amount of resources with- also by helping make the areas where bate before any change in permanent in the context of the balanced budget we want development to occur more ac- law is enacted. Regardless of the ulti- agreement. cessible. mate outcome of that debate, any sav- In conclusion, I believe this is a good Oregon recognizes that it’s not ings as a result of a change in VA com- bill and deserves Senate approval. The enough to tell people where they can’t pensation policy should be redirected quality of our Nation’s transportation build. For our system to work, we have into VA health care and benefits pro- system is depending on it. Thank you, to make it easier to develop the areas grams, not into transportation infra- Mr. President, and I yield the floor. where we want growth to occur. And structure. Ms. MIKULSKI. Mr. President, I rise we don’t just give lip service to this Mr. President, despite my concern in support of the conference report ac- principle. We actually put our money about this funding provision, I will companying the re-authorization of the where our mouth is to make sure the vote in favor of this Conference Report Intermodal Surface Transportation Ef- development we want occurs. because I believe today’s investment in ficiency Act. While I support this legis- The State of Oregon and METRO, the roads and transit systems lays the lation, I am disappointed that veterans Portland area’s regional government, groundwork for economic growth for programs were used to pay for a por- are currently using $3 million of our decades to come. The Senate’s passage tion of this bill. Nonetheless, this bill

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5407 contains significant increases in fund- Arundel County in the vicinity of the providing for earlier state implementa- ing for Maryland’s highway and transit National Security Agency. This high- tion of the Commission’s agreements programs. I am proud to have worked way is one of the most heavily traveled and recommendations, consistent with with my colleague Senator SARBANES highways in the State and needs to ex- the implementation schedules in the to make sure Maryland got its fair pand capacity to accommodate the Commission’s Report. share of funds for its transportation growth in the surrounding area. Mr. REED. Mr. President, I rise to needs. This legislation will also increase briefly discuss my support for the With billions in needed maintenance funding for the Appalachian Highway ISTEA conference report which I be- and construction in the State of Mary- System. Maryland can expect to relieve appropriately and rationally ex- land, this legislation will make our ceive approximately $6 million per year pands and improves our nation’s trans- highways safer and expand transit op- for the next six years under this bill— portation programs. tions for our citizens. It will help to that is enough to rebuild U.S. 220 in Al- Mr. President, this legislation is good ease the flow of traffic on our major legany County. This is the number one news for Rhode Island, a state that un- highways and byways and begin the highway priority for Western Maryland fortunately has some of the most sig- long awaited re-construction of the and a serious safety problem. This is $4 nificant infrastructure needs in our na- Woodrow Wilson Bridge. million per year more than Maryland tion according to experts. Yet, many This bill provides $900 million for a receives now. Thanks to this legisla- people might overlook the fact that new Wilson Bridge, $500 million more tion, Maryland will have the funds to this conference report also provides es- than the Administration proposed last upgrade this highway. sential investments in our nation’s year. Although this does not represent Mr. President, not only does Mary- mass transit programs. Indeed, I am the total cost of a new bridge, it is a land receive more highway dollars, we pleased that the Banking Committee’s first step toward replacement of the receive more transit dollars. Maryland transit title of the conference report bridge. Let me make it clear, I do not will receive almost twice as much fed- contains $35 million for new capital consider this funding to be the end. I eral funds for its transit programs. The transit programs in Rhode Island as consider this to be the beginning. In fu- MARC system will receive an addi- well as $5.79 million for the purchase of ture years, I will continue the effort to tional $185 million and the Baltimore urgently needed new buses by the secure additional funding to complete Light Rail System will receive $125 Rhode Island Public Transit Authority. the re-building of Wilson Bridge, a crit- million to double-track the system. I want to personally thank Chairman ical link on the I–95 system and the This will continue to expand transit D’AMATO and Senator SARBANES, par- only federally owned bridge in the sys- opportunities for Marylanders and help ticularly, for their assistance in addressing my state’s transit priorities tem. relieve congestion on our highways. Under this bill, Maryland will receive Mr. President, I do have one major and their hard work in producing a more money for its highway program reservation to this conference report. I very balanced transit program that than it gets now. Maryland can expect believe it is just plain wrong that our will serve our country well. While there is much that is good in approximately $400 million per year for veterans are being asked to sacrifice this bill, I am troubled by some of the its highway program—almost $90 mil- their compensation for our transpor- budgetary offsets used to permit a lion more than it gets now. This is al- tation needs. I made my feelings very higher level of transportation invest- most a 30 percent increase in funding clear when I voted in favor of an ment. Like many of my colleagues, I that will help improve the conditions amendment to the Budget Resolution remain concerned that in order to ac- of our highway system—which is one of earlier this year that called on the commodate essential infrastructure the most congested in the nation. The Congress to protect veterans benefits. funding within the confines of strict Washington area has the second long- As the Ranking Member of the Vet- budget caps, this legislation would en- est commute time in the nation. The erans Affairs Appropriations Sub- dorse a plan to deny payments for vet- funds authorized in this bill should committee, I will look for way to en- erans with service connected smoking- help provide some much needed relief. sure that these funds are replenished. related illnesses. Indeed, earlier this The bill not only provides more funds Our vets, our heroes, deserve better year, I voted against this proposal, and for Maryland’s overall highway pro- and I will fight to correct this deep in- I plan to work with like minded col- gram, it specifically targets funds for justice. leagues in the months ahead to see if high priority projects around the Despite my anger over the veterans we can reverse it. In addition, I am sad- State. The bill provides $26 million to offset, I will support this legislation dened that the ISTEA bill no longer upgrade Route 113 in Worcester Coun- because it is so important to improving contains a tougher national standard ty, one of the most dangerous high- the safety of Maryland’s highways, by- for driving under the influence of alco- ways in the State of Maryland. Every ways and transit systems. Improving hol. All too often we hear of another time I visit the Eastern Shore, I am al- public safety and creating jobs are two senseless death due to drunk driving. A ways reminded about the need to up- of my highest priorities and this bill tougher standard for blood alcohol con- grade this highway. Too many Mary- addresses both. tent or BAC would have been an excel- landers have lost their lives on this Mr. ALLARD. Why does ISTEA allow lent deterrent in the fight against stretch of roadway. This legislation the Administrator of the Environ- drunk driving tragedies, and I regret will fund the first and most critical mental Protection Agency to provide that the Senate’s strong support for phase of this project to make the road for earlier state implementation of the this standard did not prevail in nego- safer for those who use it. Commission’s recommendations? tiations with the House of Representa- Another major project that has des- Mr. BAUCUS. The bill clarifies that tives. perately needed funds has been the I–70/ it does not affect EPA’s authority to Mr. President, like many pieces of I–270 interchange in Frederick. It is provide for state implementation of legislation, this bill is not perfect. one of the only interchanges on the the agreements and recommendations However, repairing my state’s roads interstate system that does not meet set forth in the June 1996 Grand Can- and bridges; ensuring that thousands of interstate standards. It has been a safe- yon Visibility Transport Commission mass transit riders in Rhode Island ty hazard for years. The lack of an ade- Report on a schedule consistent with continue to receive service; and im- quate interchange in the area has the Commission’s Report. This was a proving safety on our roads; are worth- forced trucks off the interstate and critical issue for the conferees. The while goals that I hope all my col- into surrounding areas. This legisla- conferees recognize that the Commis- leagues support. tion will provide funding to complete sion’s Report was the product of sev- Mr. HOLLINGS. Mr. President, I rise the first phase of reconstruction and eral years of debate and analysis, and in support of Senate consideration of relieve the local community of this reflects broad consensus on control the Intermodal Surface Transportation burden, while improving the safety of strategies and measures that should Efficiency Act bill, the so-called this section of highway. proceed with implementation. The con- ISTEA bill. For the first time, almost $10 million ferees added specific language so as not This bill sets priorities and funds for will be earmarked for Route 32 in Anne to preclude the Administrator from surface transportation projects and

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5408 CONGRESSIONAL RECORD — SENATE May 22, 1998 programs for the next six years. It is roads and bridges, properly funding mental and enhancement programs, in- the product of many months of nego- mass transit in Chicago and downstate, cluding the Congestion Mitigation and tiations between the House and the alleviating congestion, and addressing Air Quality (CMAQ) program. CMAQ’s Senate and between Members on both highway safety and the environment. goal is to help states meet their air sides of the aisle. We have managed to The bill provides $175 billion over six quality conformity requirements as come together on this bill by com- years for highways, highway safety, prescribed by the Clean Air Act. The promise and a willingness to listen to and other surface transportation pro- conference report increases funding for all points of view for the good of the grams. Illinois has the third largest CMAQ by 18 percent. Illinois can expect nation and the States. Interstate system in the country; how- more than $1 billion over six years As ranking Democrat on the Com- ever, its roads and bridges are rated as under the program. The report also merce Committee, I can tell you that the second worst in the nation. The fully funds transportation enhance- the provisions in the Commerce Com- State can expect to receive about $5.3 ment activities, such as bicycle pedes- mittee title of the bill were the product billion over six years from the highway trian facilities and historic preserva- of intense negotiations for many formula. That’s nearly a 30 percent in- tion. weeks. But the way to judge our efforts crease or $1.2 billion more than the Illinois is one of 15 states that has is the result and I am proud of what ISTEA of 1991. been responsible enough to pass a .08 has been achieved. Major reconstruction and rehabilita- legal blood-alcohol concentration level We have provisions to strengthen the tion projects like Downtown Chicago’s for drivers. The State has had .08 BAC safety of motor vehicle air bags and to Wacker Drive and the Stevenson Ex- since July of 1997 and we are already allow States to design programs to pressway (I–55) will be able to move beginning to see positive results. Un- raise the percentage of their citizens forward thanks, in large part, to this fortunately, the conference committee who use seat belts. In addition, we have legislation. The conference report des- did not include language that would given the Secretary of Transportation ignates $25 million each for both of have sanctioned states that refused to the flexibility to design additional these priority projects. In addition, pass .08 BAC legislaton. Instead, Illi- commercial motor vehicle safety pro- both the Stevenson Expressway and nois and other states who have passed grams. We have authorized a program Wacker Drive projects will be able to .08 will receive as much as $6 million to provide funds for the development of compete for federal funds through cer- per year in highway safety incentives. rail and intermodal projects. These tain discretionary programs. I am pleased that the conference re- programs will allow us to expand the The conference report also includes port extends the current excise tax ex- nation’s infrastructure. Most impor- funding for over 100 high priority emption for an important Illinois prod- tantly, the bill contains funds to re- projects from throughout the State uct—corn-based, renewable ethanol place our crumbling bridges and roads. worth more than $375 million. fuel—through 2007. Farmers and the Together these programs will provide Mass transit funding is vitally impor- ethanol industry must have the ability our citizens with safer bridges and tant to the Chicago metropolitan area to plan for the future. Extending the roads and additional infrastructure as well as to many downstate commu- incentive gives them the tools nec- will allow our citizens to compete in nities. It helps alleviate congestion and essary to expand their operations and the world market. provides access for thousands of Illi- this important industry while improv- Commerce Committee provisions also noisans everyday. The conference re- ing the environment and decreasing address the needs of recreational boat- port includes $41 billion over six years our dependence on foreign oil. ers and anglers. The bill extends the for mass transit. Illinois can expect to Mr. President, I know this conference Aquatic Resources Trust Fund and re- receive about $2.5 billion over six report is not a perfect document. Illi- covers a greater portion of the federal years, a 67 percent increase or $1 bil- nois’ highway formula should be high- fuel taxes paid by boaters and anglers. lion more than the 1991 ISTEA. er. I will work with the Administration In addition, Commerce Committee pro- The conference report authorizes the to ensure that Illinois competes for and visions ensure that funds are available Chicago Transit Authority to expand receives a fair share of discretionary to make boating safer, more accessible, the capacity of the Ravenswood Brown transportation funds available as a re- and environmentally cleaner for the 76 Line and fully funds the rebuilding of sult of this conference report. With the million Americans—more than one- the Douglas Branch of the Blue Line. It passage of this legislation, Congress fourth of the nations’s population— also will help METRA expand North- has upheld its obligation to reauthorize who go boating each year. Finally, the eastern Illinois’ commuter rail system and improve our nation’s important bill extends programs to restore and by double-tracking and extending serv- transportation programs. I am pleased protect sportfish resources and ice into rapidly growing areas. The to support this measure. strengthens efforts to introduce seg- Metro Link light rail system in St. ments of the American public . . . espe- Clair County will have the ability to Mr. SPECTER. I would like to engage cially our youth . . . to the healthy fun complete an extension from East St. the Chairman of the Banking Com- of fishing and boating. Louis through Belleville Area College mittee, Senator D’AMATO in a colloquy I take this opportunity to thank the to MidAmerica Airport under the con- regarding a Pennsylvania mass transit staff of the Commerce Committee for ference report. The transit provisions project. It is my understanding that their efforts on behalf of this bill, and will also help transit authorities the project under the transit new start indeed, on behalf of all of us. throughout the State purchase and up- program entitled ‘‘Philadelphia-Pitts- Mr. President, I urge passage of this grade buses and bus facilities. burgh High Speed Rail’’ is intended to important piece of legislation. The conference report also includes be for initial planning, design and engi- Mr. DURBIN. Mr. President, today $150 million per year for the Jobs Ac- neering costs for a high speed magnetic the Senate will vote on the conference cess and Reverse Commute Grants pro- levitation public transportation sys- report to the Intermodal Surface gram. This program will assist commu- tem in Pennsylvania. Having ridden Transportaton Efficiency Act (ISTEA). nities in filling the gaps in transit such a system in Germany in January I wanted to take this opportunity to service that prevent welfare recipients of this year, I believe a system of this discuss the benefits of this legislation from finding and keeping the jobs they nature will revolutionize the steel infor my home state of Illinois. need to remain self-sufficient. dustry and could provide an excellent This conference report is truly his- Congress also has made a commit- means of mass transit in the 21st Cen- toric. It makes the largest investment ment to high-speed passenger rail, a tury. to date in our nation’s aging infra- safe, cost-effective means of transpor- Mr. D’AMATO. I concur with my col- structure, $216 billion over the next six tation, in this conference report. With league’s understanding that the line years. In short, this conference report increased funding, it is my hope that item he described is intended to make increases the State of Illinois’ total the Midwest can develop an effective available Federal Transit Administra- ISTEA dollars and provides greater transportation system. tion funds for initial costs of a high flexibility. It goes a long way toward This legislation also preserves and speed maglev system in Pennsylvania. improving the conditions of Illinois’ expands some important environ- It is my understanding that these funds

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5409 will be applied for by an existing tran- Mr. President, I offer some comments Mr. President, anyone who is famil- sit system or state agency in accord- to indicate my specific views on how iar with my work in the Senate knows ance with traditional requirements for this good bill will help my State of that I don’t relent when it comes to FTA grants. New Jersey. As a member of the Envi- standing up for my constituents and Mr. FEINGOLD. Mr. President, Con- ronment and Public Works Committee, my state. I feel my responsibilities to gress finally completed its work on a I have been working on the ISTEA re- the people who sent me here as a sa- six-year bill to reauthorize the Inter- authorization bill this entire Congress. cred obligation and I would never agree modal Surface Transportation Effi- I have been fighting for increased in- to anything that is detrimental to our ciency Act today. This bill has been a vestment in our nation’s infrastruc- needs. long time coming. I’m pleased that ture, a balanced transportation system Mr. President, this legislation is all Wisconsin will now have a chance to and critical safety programs. about compromise. And this Con- address our state’s vital transportation Overall, on balance, this is a good ference Report is not perfect for my needs for the next year and plan its pri- bill—good for the country and good for state, but, in the end, the substantial New Jersey. It includes $173 billion for orities for the next six years. This bill increases in highway and mass transit highways and $41 billion for mass tran- moves Wisconsin a long way toward funding will reduce congestion, in- sit nationally over six years. As the achieving fairness in Federal transpor- crease productivity, clean the air, and Ranking Democrat on the Budget Com- tation spending, and I cannot overlook improve the quality of life so I will mittee, I worked hard to increase mass this dramatic step forward. support this legislation. While the bill is not perfect and in- transit funding by almost a third compared to the 1991 ISTEA bill. Overall, I yield the floor. cludes a number of items I would not Mr. LEVIN. Mr. President, I must support individually, it goes a long way this translates to over $4 billion to New Jersey for highways and over $2 billion note to my colleagues that the proce- toward ending Wisconsin’s decades- dure that has been used here on the long legacy as a donor state. Histori- for mass transit over the six year life of this bill. As a result, New Jersey will floor today for consideration of this cally, Wisconsin’s taxpayers have re- conference report is outrageous. ceived about 78 cents for every dollar receive an increase of over $1 billion in transportation funding as compared to Despite the process followed here, I we have paid into the Highway Trust the 1991 ISTEA bill. intend to vote for this bill, based on Fund. As a result, we have lost more Mr. President, the ISTEA bill, like the representations about Michigan’s than $625 million since 1956. Under this any bill that provides funding to the share of highway funds made in the in- bill, Wisconsin will receive approxi- States, became a battle between re- complete charts provided by the Con- mately 99 cents for every dollar it con- gions. Western Senators argued that ference Committee. I ask unanimous tributes to the Highway Trust Fund, their needs were greatest because of consent that those charts be placed in beginning next year. I applaud the ef- the sheer miles of highways in their the RECORD following my statement. forts of Wisconsin’s delegation in states. Southern Senators suggested The best judgement I can exercise at achieving a greater measure of fairness that they had population growth and this point is to support the apparent for Wisconsin’s taxpayers. On this trav- they needed increases. The so-called increases provided to my state. Accord- el weekend that many believe will be donor states were pushing a ‘‘minimum ing to these charts, Michigan will re- the biggest in history, the people of allocation’’ that would revise the for- ceive an annual average of $825 million Wisconsin should be happy to see that mula that prevailed over the past six per year from the Highway Trust Fund, their tax dollars will be used to im- years. an increase of $310 million over the prove Wisconsin’s roads and rails. Mr. President, obviously, I pushed ISTEA I average. Our percentage re- Finally, I urge the President to use hard for increased investment in my turn on the dollars distributed will rise his line-item veto authority to strike region and my state. The Northeast from approximately 84% to 90.5% and is the pork-barrel spending projects in- states face tremendous infrastructure guaranteed to go no lower. And, our serted into the House reauthorization needs over the next six years. Since we share of the total funds going to the bill and included in this conference re- are the oldest region in the country states will increase from approxi- port. We should allow states and local- with the highest density and greatest mately 2.87% to 3.16%, close to the ities to decide on how best to address volume of traffic, our infrastructure Senate bill’s mark. transportation needs. The Senate de- needs are great. This problem is com- If the factual matter in those charts cided to use more than $2 billion on pounded by harsh weather conditions, proves to be inaccurate, I, and I am block grants to states instead of ear- intense congestion and air quality. sure my donor state colleagues, will marks for particular projects. I am cer- Mr. President, I didn’t get everything tain that Wisconsin, and other donor I wanted for New Jersey. However, this seek corrective action. states, could have reached even greater bill does provide substantial increases Michigan and the nation are making equity had the House followed the Sen- in funding for New Jersey for highways some significant progress with the pas- ate’s lead. and mass transit. It also includes fund- sage of this bill. We are now going to Mr. LAUTENBERG. Mr. President, I ing for over 40 highway and mass tran- spend all or nearly all our gas tax dol- would first like to thank the managers sit projects for my state. I fought to lars on transportation, rather than of Conference Report. Both Senators keep all of the my colleagues in the leaving them in the Highway Trust CHAFEE and BAUCUS have worked day House of Representatives’ projects in Fund. That means we are going to start and night trying to produce a fair and the final bill. The Senate bill origi- addressing the serious backlog of infra- balanced Conference Report. They have nally did not include any special structure projects that are vital to our done their best to try to accommodate projects, but I am pleased that a few of economy and quality of life. my views. We did not always agree on them were included in the Conference I understand the report contains a every issue, but they both tried to Report at my request. The first project minimum guarantee provision similar work with me and engage in a con- is an emergency heliport on Cooper to that in the Senate bill, though the structive dialogue when we differed. Hospital in Camden, New Jersey, which ‘‘guarantee’’ has been reduced to a I would also like to thank the distin- will speed up rapid emergency service 90.5% return on dollars distributed guished Chairman of the Sub- for hospital patients in the region. I rather than the 91% the donor states committee, Senator WARNER. He put in am also pleased with funding to con- were promised. Still, this is some in- a substantial effort to try to create a struct a roadway network using the cremental progress for my state, but consensus that would satisfy the need former Bergen Arches rail corridor Michigan will continue to be a substan- for this critical legislation. going from east to west in Hudson tial donor state and continue sending And I would like to thank Senators County, New Jersey. The Bergen Arch- money to the donee states. We will D’AMATO and SARBANES for their dili- es project will provide congestion relief continue pressing at the next oppor- gence and hard work on the mass tran- and will allow the demand for develop- tunity for more equity, particularly on sit title. Because of their commitment, ment of the Hudson County water- transit when that title is reauthorized this bill represents a balanced trans- front—the so-called ‘‘Gold Coast’’—to in two years. But, for the moment, we portation bill. move at its rapid pace. can declare a minor victory.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5410 CONGRESSIONAL RECORD — SENATE May 22, 1998 While I appreciate the conferees’, sions in the report, including a provi- to upgrading H–58 in Pictured Rocks particularly Senator WARNER’s, atten- sion similar to one I authored in the National Lakeshore., etc. tion to the donor states’ needs, I am Senate’s bill enhancing local transpor- This is not a perfect bill. But, it is concerned by one particular provision. tation officials participation in the another step on the long, long road to- Apparently, the report includes an preparation of the states’ transpor- item that could drastically reduce the tation improvement program. Also, the ward equity. When I started in the Sen- minimum guarantee funds to states if international trade corridor number 18, ate, we were getting somewhere around revenues increase by more than 25% which includes I–69 and I–94, is des- $.75 cents on our gas tax dollar. The over a 1998 baseline. This provision has ignated as high priority. Ambassador 1991 ISTEA bill brought us up to ap- no place in this bill, particularly since Bridge access projects are made eligi- proximately $.80 per dollar, and the the total amount authorized and dis- ble for Federal funding. The State of conference report before us should get tributed by this bill is projected to rise Michigan will receive $10 million in us to about $.83. Some day, Michigan by approximately 25% over the next six FY99 and $13.5 million in FY2000 for taxpayers will get back 100% of the gas years, assuming current CBO projec- buses and bus facilities in a block taxes they pay into the Highway Trust tions. Its inclusion undermines the grant for distribution around the Fund in the form of better roads and ‘‘guarantee’’ and the promise that the State. Numerous other important bridges and well-maintained infra- Senate conferees made to the donor projects are identified all over the structure. But, only if we keep fight- states, since we could be disproportion- State, from an Intelligent Transpor- ing. ately hurt. I intend to examine this tation System technology project in I ask unanimous consent to have the provision closely and will work with Lansing, to Monroe Rail Consolidation, charts printed in the RECORD. the other donor states to change this to the South Beltline in Grand Rapids, provision if it proves harmful to us. to renovation and rehabilitation of the There being no objection, the mate- I am pleased that the conferees have Detroit Waterfront, to upgrading 3 rial was ordered to be printed in the included a number of important provi- Mile Road in Grand Traverse County, RECORD, as follows: 1998–2003 AVERAGE CONFERENCE AGREEMENT [Dollars in thousands]

1992–97 State Change (per- No Fed Lnds Conference Change cent)

Alabama ...... $330,263 $530,516 $200,254 60.6 Alaska ...... 211,782 311,860 100,078 47.3 Arizona ...... 255,665 407,814 152,149 59.5 Arkansas ...... 262,738 345,860 83,122 31.6 California ...... 1,653,208 2,406,992 753,784 45.6 Colorado ...... 200,562 305,526 104,965 52.3 Connecticut ...... 352,409 397,475 45,066 12.8 Delaware ...... 72,136 115,793 43,656 60.5 Dist. of Col...... 92,099 103,543 11,445 12.4 Florida ...... 768,360 1,208,600 440,240 57.3 Georgia ...... 541,389 918,804 377,416 69.7 Hawaii ...... 126,276 135,502 9,225 7.3 Idaho ...... 124,765 202,009 77,244 61.9 Illinois ...... 682,070 885,171 203,101 29.8 Indiana ...... 405,583 617,387 211,804 52.2 Iowa ...... 220,296 314,609 94,313 42.8 Kansas ...... 208,439 306,678 98,239 47.1 Kentucky ...... 283,524 454,508 170,983 60.3 Louisiana ...... 264,022 416,163 152,141 57.6 Maine ...... 117,516 137,753 20,237 17.2 Maryland ...... 306,872 394,884 88,012 28.7 Massachusetts ...... 829,663 487,827 ¥341,836 ¥41.2 Michigan ...... 512,012 825,390 313,378 61.2 Minnesota ...... 280,096 392,423 112,328 40.1 Mississippi ...... 202,321 318,954 116,633 57.6 Missouri ...... 404,352 618,094 213,742 52.9 Montana ...... 161,357 259,879 98,523 61.1 Nebraska ...... 142,245 203,318 61,072 42.9 Nevada ...... 117,280 189,707 72,428 61.8 New Hampshire ...... 88,260 135,135 46,875 53.1 New Jersey ...... 518,499 675,702 157,203 30.3 New Mexico ...... 178,066 258,702 80,635 45.3 New York ...... 997,644 1,351,299 353,655 35.4 North Carolina ...... 478,837 740,665 261,828 54.7 North Dakota ...... 116,031 171,517 55,486 47.8 Ohio ...... 654,795 896,635 241,839 36.9 Oklahoma ...... 259,338 403,573 144,236 55.6 Oregon ...... 212,782 318,875 106,093 49.9 Pennsylvania ...... 889,759 1,305,731 415,972 46.8 Rhode Island ...... 105,925 155,943 50,018 47.2 South Carolina ...... 232,252 416,425 184,173 79.3 South Dakota ...... 119,210 187,116 67,906 57.0 Tennessee ...... 365,555 592,731 227,176 62.1 Texas ...... 1,174,785 1,887,940 713,155 60.7 Utah ...... 129,854 204,967 75,113 57.8 Vermont ...... 79,354 119,693 40,339 50.8 Virginia ...... 414,572 670,755 256,183 61.8 Washington ...... 341,068 467,856 126,789 37.2 West Virginia ...... 209,742 296,261 86,519 41.3 Wisconsin ...... 351,960 521,277 169,317 48.1 Wyoming ...... 114,900 181,934 67,034 58.3 Apportioned ...... 18, 162,486 26,173,771 8,011,286 44.1

CONFERENCE AGREEMENT 1998–2003 AVERAGE (Dollars in thousands)

Metro plan- High priority Minimum State IM/NHS STP Bridge CMAQ ADHS Rec Trails ning projects Guarantee Grand total

Alabama ...... 193,305 131.151 68.092 7,720 40,691 875 20,080 32,429 54,172 530.516 Alaska ...... 100,630 59,687 23,069 14,558 ...... 557 937 12,004 100,419 311,860 Arizona ...... 191,283 109,866 9,923 21,938 ...... 786 3,003 11,392 59,632 407,814 Arkansas ...... 139,412 93,043 41,869 7,828 ...... 822 937 20,964 40,986 345,860 California ...... 868,672 595,027 287,607 286,908 ...... 2,890 28,793 153,738 183,358 2,406,992 Colorado ...... 139,193 85,562 29,747 16,111 ...... 772 2,688 11,333 20,120 305,528 Connecticut ...... 103,869 71,079 68,300 52,588 ...... 549 2,779 23,281 75,032 307,475 Delaware ...... 49,537 31,989 9,462 7,803 ...... 580 917 1,505 14,079 11,794 Dist. of Col...... 42,152 27,219 20,375 6,640 ...... 435 937 7,303 483 103,543

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5411 CONFERENCE AGREEMENT 1998–2003 AVERAGE—Continued (Dollars in thousands)

Metro plan- High priority Minimum State IM/NHS STP Bridge CMAQ ADHS Rec Trails ning projects Guarantee Grand total

Florida ...... 475,719 323,906 84,881 39,689 ...... 1,603 11,507 50,121 221,174 1,208,800 Georgia ...... 365,725 242,869 67,878 28,982 16,262 1.137 3,687 44.618 147,645 918,804 Hawaii ...... 48,343 31.217 24.243 78.616 ...... 492 937 8,916 13,739 135,502 Idaho ...... 92,018 44,392 10,745 8,861 ...... 704 937 7,460 36,893 202,009 Illinois ...... 338,679 215,077 125,655 82,271 ...... 1,112 9,586 65,036 47,7454 885,171 Indiana ...... 263,848 165,802 48,191 16,398 ...... 800 3,044 33,‘67 86,138 617,387 Iowa ...... 134,786 82,661 55,629 7,009 ...... 675 1,086 17,751 15,035 314,809 Kansas ...... 125,928 90,878 851,818 6,892 744 1,152 28,575 18,576 10,693 306,678 Kentucky ...... 178,599 107,979 43,214 10,814 37,328 752 1,444 23,503 50,877 454,508 Louisiana ...... 149,949 99,265 85,303 7,542 ...... 981 2,519 31,048 398,555 416.163 Maine ...... 51,481 32,650 24,652 7,545 ...... 716 937 8,639 13,473 137,753 Maryland ...... 145,061 94,797 47,040 41,899 6,363 578 4,049 23,149 31.447 394,884 Massachusetts ...... 134,571 ...... 98,623 48,525 ...... 1,466 6,572 54,354 92,668 825,390 Michigan ...... 297,325 225,858 98,623 48,525 ...... 1,466 6,572 54,345 92,668 825,390 Minnesota ...... 165.774 116.267 30,524 16,792 ...... 1,183 2,681 31,066 28,136 392,423 Mississippi ...... 124,401 85,645 51,049 7,384 4,563 762 937 17,828 26,384 318.954 Missouri ...... 234,608 153,494 116,148 19,531 ...... 926 3,146 42,664 47,576 618,094 Montana ...... 130,719 47,227 20,729 8,764 ...... 619 937 3,378 47,457 259,879 Nebraska ...... 94,889 55,922 32,731 6,778 ...... 548 937 6,982 4,530 203,318 Nevada ...... 87,742 45,315 10,220 8,428 ...... 568 1,000 5,928 30,476 189,707 New Hampshire ...... 49,298 31,834 18,715 7,765 ...... 597 937 11.-31 14.958 136,135 New Jersey ...... 185 163 127,709 186,451 81,462 ...... 911 7,496 50,721 35,789 675,702 New Mexico ...... 133,720 57,446 11,108 7,969 ...... 767 937 13,310 33,444 258,702 New York ...... 344,690 248,343 363,260 147,345 8,770 1,187 15,960 100,490 121,256 1,251,299 North Carolina ...... 263,436 184,568 105,315 15,545 23,958 1,007 2,841 40,008 103,988 740,665 North Dakota ...... 96,450 38,754 8,961 7,380 ...... 520 937 3,555 14,951 171,517 Ohio ...... 345,443 216,389 125,594 56,658 18,349 1,145 7,527 56,789 68,740 896,635 Oklahoma ...... 162,956 116,331 60,520 7,366 ...... 720 1,531 20,775 33,374 403,573 Oregon ...... 132,439 80,005 46,655 10,295 ...... 762 1,606 25,211 21,903 318,875 Pennsylvania ...... 335,854 216,673 365,828 90,210 99,496 1,211 8,149 102.863 86,446 1,205,731 Rhode Island ...... 53,801 34,742 26,377 9,902 ...... 490 937 4,121 25,568 155,943 South Carolina ...... 164,303 116,212 43,752 8,266 1,996 765 1,613 17,432 62,088 416,425 South Dakota ...... 92,598 43,756 12,707 7,574 ...... 529 937 10,382 18,633 187,116 Tennessee ...... 227,838 139,481 69,917 14,466 45,620 831 2,508 37,519 54,552 592,731 Texas ...... 770,056 518,203 155,804 79,376 ...... 1,893 12,858 84,066 265,684 1,887,940 Utah ...... 100,086 49,936 13,716 8,302 ...... 678 1,492 13,278 17,480 204,967 Vermont ...... 47,356 30,580 18,115 7,459 ...... 559 937 3,676 11,011 119,693 Virginia ...... 256,791 171,557 84,025 31,696 9,589 1,170 4,330 35l074 76,522 670,755 Washington ...... 172,083 115,039 87,530 24,836 ...... 909 3,635 32,864 30,960 467,856 West Virginia ...... 71,859 47,396 67,752 7,089 56,580 576 937 31,030 12,943 296,261 Wisconsin ...... 213,290 144,587 34,428 20,638 ...... 1,096 2,787 28,376 76,075 521,277 Wyoming ...... 112,230 30,436 9,003 7,424 ...... 597 937 5,001 16,306 181,934 Apportioned ...... 9,799,958 6,321,791 3,652,595 1,515.150 369,563 44,348 187,367 1,166,667 2,758,000 28,173,771

1998–2003 AVERAGE CONFERENCE AGREEMENT (REVISED) [Dollars in thousands]

1992–97 1992–97 1992–97 State No Fed Lnds Conference No Fed Lnds Conference Change Change (per- (share per- (share per- No Fed Lnds Conference cent) cent) cent) (HTF Ratio) (HTF Ratio)

Alabama ...... $330,263 $530,516 $200,254 60.6 1.8184 2.0269 0.824 0.918 Alaska ...... 211,782 311,860 100,078 47.3 1.1660 1.1915 5.026 5.136 Arizona ...... 255,665 407,814 152,149 59.5 1.4077 1.5581 0.818 0.905 Arkansas ...... 262,738 345,860 83,122 31.6 1.4466 1.3214 1.005 0.918 California ...... 1,653,208 2,406,992 753,784 45.6 9.1023 9.1962 0.896 0.905 Colorado ...... 220,562 305,526 104,965 52.3 1.1043 1.1673 0.869 0.918 Connecticut ...... 352,409 397,475 45,066 12.8 1.9403 1.5186 1.948 1.525 Delaware ...... 72,136 115,793 43,656 60.5 0.3972 0.4424 1.385 1.542 Dist. of Col...... 92,099 103,543 11,445 12.4 0.5071 0.3956 4.034 3.147 Florida ...... 768,360 1,208,600 440,240 57.3 4.2305 4.6176 0.829 0.905 Georgia ...... 541,389 918,804 377,416 69.7 2.9808 3.5104 0.768 0.905 Hawaii ...... 126,276 135,502 9.225 7.3 0.6953 0.5177 2.700 2.011 Idaho ...... 124,765 202,009 77,244 61.9 0.6869 0.7718 1.257 1.412 Illinois ...... 682,070 885,171 203,101 29.8 3.7554 3.3819 1.026 0.924 Indiana ...... 405,583 617,387 211,804 52.2 2.2331 2.3588 0.857 0.905 Iowa ...... 220,296 314,609 94,313 42.8 1.2129 1.2020 1.053 1.043 Kansas ...... 208,439 306,678 98,239 47.1 1.1476 1.1717 0.998 1.019 Kentucky ...... 283,524 454,508 170,983 60.3 1.5610 1.7365 0.814 0.905 Louisiana ...... 264,022 416,163 152,141 57.6 1.4537 1.5900 0.828 0.906 Maine ...... 117,516 137,753 20,237 17.2 0.6470 0.5263 1.243 1.011 Maryland ...... 306,872 394,884 88,012 28.7 1.6896 1.5087 1.014 0.905 Massachusetts ...... 829,663 487,827 ¥341,836 ¥41.2 4.5680 1.8638 2.485 1.014 Michigan ...... 512,012 825,390 313,378 61.2 2.8191 3.1535 0.809 0.905 Minnesota ...... 280,096 392,423 112,328 40.1 1.5422 1.4993 1.087 1.057 Mississippi ...... 202,321 318,954 116,633 57.6 1.1139 1.2186 0.844 0.923 Missouri ...... 404,352 618,094 213,742 52.9 2.2263 2.3615 0.866 0.918 Montana ...... 161,357 259,879 98,523 61.1 0.8884 0.9929 1.864 2.083 Nebraska ...... 142,245 203,318 61,072 42.9 0.7832 0.7768 0.975 0.967 Nevada ...... 117,280 189,707 72,428 61.8 0.6457 0.7248 1.013 1.138 New Hampshire ...... 88,260 135,135 46,875 53.1 0.4859 0.5163 1.196 1.271 New Jersey ...... 518,499 675,702 157,203 30.3 2.8548 2.5816 1.037 0.938 New Mexico ...... 178,066 258,702 80,635 45.3 0.9804 0.9884 1.135 1.144 New York ...... 997,644 1,351,299 353,655 35.4 5.4929 5.1628 1.266 1.189 North Carolina ...... 478,837 740,665 261,828 54.7 2.6364 2.8298 0.843 0.905 North Dakota ...... 116,031 171,517 55,486 47.8 0.6388 0.6553 1.785 1.831 Ohio ...... 654,795 896,635 241,839 36.9 3.6052 3.4257 0.952 0.905 Oklahoma ...... 259,338 403,573 144,236 55.6 1.4279 1.5419 0.851 0.918 Oregon ...... 212,782 318,875 106,093 49.9 1.1715 1.2183 0.889 0.925 Pennsylvania ...... 889,759 1,305,731 415,972 46.8 4.8989 4.9887 1.184 1.206 Rhode Island ...... 105,925 155,943 50,018 47.2 0.5832 0.5958 2.131 2.177 South Carolina ...... 232,252 416,425 184,173 79.3 1.2787 1.5910 0.727 0.905 South Dakota ...... 119,210 187,116 67,906 57.0 0.6564 0.7149 1.846 2.010 Tennessee ...... 365,555 592,731 227,176 62.1 2.0127 2.2646 0.804 0.905 Texas ...... 1,174,785 1,887,940 713,155 60.7 6.4682 7.2131 0.812 0.905 Utah ...... 129,854 204,967 75,113 57.8 0.7150 0.7831 0.839 0.919 Vermont ...... 79,354 119,693 40,339 50.8 0.4369 0.4573 1.684 1.763 Virginia ...... 414,572 670,755 256,183 61.8 2.2826 2.5627 0.806 0.905 Washington ...... 341,068 467,856 126,789 37.2 1.8779 1.7875 0.962 0.915 West Virginia ...... 209,742 296,261 86,519 41.3 1.1548 1.1319 1.440 1.411 Wisconsin ...... 351,960 521,277 169,317 48.1 1.9378 1.9916 0.966 0.993 Wyoming ...... 114,900 181,934 67,034 58.3 0.6326 0.6951 1.366 1.501 Apportioned ...... 18,162,486 26,173,771 8,011,286 44.1 100.0000 100.0000 1.000 1.000

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5412 CONGRESSIONAL RECORD — SENATE May 22, 1998 URBAN CORE COLLOQUY resources among competing interests Even more importantly, the general Mr. LAUTENBERG. Mr. President, I there is going to be friction. The con- highway fund distribution formula dis- rise to engage in a colloquy with the ferees on this legislation have done an criminates unfairly against Wash- distinguished Chairman and the Rank- admirable job in balancing these com- ington state. It returns to us a lower ing Member of the Banking Com- peting interests in the name of our percentage of our motor vehicle fuel mittee. Mr. President, the ISTEA con- shared national interest in safe, effi- taxes than does present law, the origi- ference report includes language that cient highways. nal Senate bill, or the House bill. Our reauthorizes a very important mass This highway and transit reauthor- conferees in the Senate did not rep- transit project in my state. The New ization is important for the country resent us well. Jersey Urban Core project provides and for my state of Utah. Utah needs The bill is full of pork and unfair. I critical links in a rail system that is this bill and I am happy that we can will vote against it. the backbone of the transportation sys- deliver it to them. Like a lot of states, Mr. WELLSTONE. Mr. President, I tem of the Northeast and the nation. Utah has a number of crucial infra- am here on the floor today to explain The Urban Core project links all of structure improvements needed in our my concerns about the conference re- New Jersey’s rail lines and builds new highway and transit systems. Unlike port on the Intermodal Surface Trans- ones where necessary, to establish one other states, however, Utah must com- portation Efficiency Act (ISTEA). comprehensive and coordinated rail plete a number of these projects in I want to first say that I was pleased transportation system within the time for the 2002 winter Olympic to be able to vote for the Senate bill in state. Games. March. This bill will continue the im- Mr. President, the Conference Report This bill makes clear that the federal portant work that was begun under the makes a number of changes to the au- government has a responsibility to as- first ISTEA. It represents a com- thorization of this important project. sist my state of Utah make the trans- prehensive package to address all The report adds new projects as ele- portation improvements needed to suc- transportation needs. It continues the ments of the Urban Core and makes a cessfully host the 2002 Games. By in- fundamental goal of the original number of critical changes. The concluding language which gives the Sec- ISTEA, which is to afford state and ference report is silent on the future of retary of Transportation the authority local governments greater flexibility in full funding agreements. Do the Chair- to give priority consideration for allocating transportation dollars. man and Ranking Member of the Bank- Olympic host cities, the Congress has I believe that investing in our trans- ing Committee, who authored the Mass acknowledged that these really are portation infrastructure is essential if Transit title to the next surface trans- America’s Games. we are to remain economically com- portation authorization bill, agree that I also applaud the members of the petitive. Today, our highways and Environment and Public Works Com- it is important that the Secretary and transit systems need continued support mittee for crafting a formula which the State of New Jersey enter into full in order to meet our commercial and recognizes the fact that there has been funding grant agreements sometime in personal transportation requirements. a population shift to the west and that the next six years, for those elements I also want to thank all the people in a federal highway funding formula of the Urban Core that can be dem- Minnesota who have educated me along must accommodate the rapid growth in onstrated to be under construction by the way on transportation issues. In western states. addition to the ‘‘traditional highway September 30, 2003? Is it your intention There are a number of important to urge the Secretary to work with the advocates’’—the city, county and state projects authorized in this legislation. officials, engineers and contractors—I State of New Jersey over the next two I am pleased that we were able to bring years to sign full funding grant agree- have been working closely with com- a number of earmarked demonstration munity organizers, architects, pres- ments? projects up to an appropriate level. ervationists, bicyclers and community Mr. D’AMATO. Mr. President, I agree Utah is growing quickly both in popu- activists. Though some may have ques- with the distinguished Senator from lation and vehicle miles traveled. tions about this or that provision, all New Jersey that the Urban Core is an These projects, all part of the state’s important mass transit project that of these people support ISTEA. transportation improvement plan, will ISTEA will guarantee that a federal serves millions of people every day and make a real difference in a number of investment will be made in maintain- demonstrates every day the impor- rural counties. ing and expanding Minnesota’s high- tance of mass transit to our national Finally, I wish to commend all the transportation system. I also believe members of the Utah delegation. We ways, transit and other transportation that the Secretary should work with are a small delegation, but we are a related programs. I am pleased that the State of New Jersey during the strong delegation and when we work several transit projects have been pro- next few years to provide assistance to together, as we have all done relative posed in Minnesota, including the Twin those elements of the Urban Core that to this legislation, we are an effective Cities Transitway. Improving existing will move ahead in the next six years. delegation. transit and building new transit will be Mr. SARBANES. Mr. President, I I thank the Chair and yield the floor. crucial as we see our population in the concur with the Chairman of the Bank- Mr. GORTON. Mr. President, we are state continue to grow. It is clear that, ing Committee’s statement. now asked to vote on a bill authorizing as our region continues to grow, we Mr. LAUTENBERG. I thank the dis- the expenditure of more than $200 bil- will need alternatives to the tradi- tinguished Chairman and Ranking lion. No member of the Senate other tional car and driver commuting. Member of the Banking Committee for than a handful of conferees has seen a Transportation is critical to our their support for the New Jersey Urban copy of the bill; no one knows anything daily lives. We cannot separate how Core, and for their support for mass about its major policy implication. people and goods are transported from transit nationwide. They are true The Senate bill allowed each state’s the many other parts of their social champions of investing in a sound and money to be spent as each state deter- and economic lives. It is important to balanced transportation system. mined. This bill included hundreds of work together to ensure that we have a Mr. HATCH. Mr. President, I am Congressionally designated projects in fully integrated, safe and environ- pleased to support final passage of the both the highway and mass transit ac- mentally sound intermodal transpor- conference report on the reauthoriza- counts. Although the earmarked Wash- tation system in the State of Min- tion of the Intermodal Surface Trans- ington state projects were all appro- nesota and the country. ISTEA does portation Efficiency Act (ISTEA). I priate in the highway category, the this through the MPO, ATP and STIP commend my colleagues who have mass transit title did not treat my process. The planning provisions of the worked so hard on this bill, Senator state fairly. The Regional Transit Au- bill put the major decision-making CHAFEE, Senator WARNER and Senator thority, perhaps the most cost-effec- back at the local level where it be- BAUCUS, Senator DOMENICI and Senator tive project in the nation, was less fair- longs. In addition, the conference re- D’AMATO. ly treated than projects abandoned by port contains language that allows for This has been an incredibly difficult the communities for which they are au- appropriate meaningful public partici- process. Whenever you have to divide thorized. pation in the MPO process. While the

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5413 MPO process has worked well, this new This offset makes very clear what Mrs. BOXER. Mr. President, I rise language will make the process that some of us have long suspected. The today to give my warmest thanks to much more responsive to the commu- reason veterans programs have been the leadership on the Environment and nities that are most affected by their cut in recent years is not deficit reduc- Public Works Committee, on which I decisions. tion. It’s not for the purpose of bal- proudly serve, for the hard work and Unfortunately despite these facts, I ancing the budget. It’s not because full dedication that led us to present the cannot vote for this conference report funding would require a tax increase. Conference Report on the Transpor- for a number of reasons. First, the con- It’s none of those things. It’s because tation Equity Act for the 21st Century, ferees have reportedly selected major this Republican Congress places a also known as ISTEA II. offsets that I strongly oppose. While we lower priority on veterans than on I ask if the distinguished chairman of do not have all the details, I believe other areas of the budget. We cannot the Committee, Senator CHAFEE of the bill assumes $15.5 billion in savings get around that fact. Congress would Rhode Island, would respond to a ques- from denial of compensation claims by rather use these savings elsewhere. tion. veterans with smoking-related ill- Whether we like it or not, the legisla- Mr. CHAFEE. I will be happy to re- nesses. The veterans health cuts are es- tion we pass in this body makes it very spond to a question from the Senator pecially troubling. I believe it is an clear what our priorities are. I, for one, from California. outrage that funding that could have think we need to reorder those prior- Mrs. BOXER. I thank the Senator. gone to meet the many pressing needs ities. I think we need to put more em- This conference report has provided of this country’s veterans, will instead phasis on the needs of working fami- important funding to preserve a bridge be used as an offset for spending in this lies. And in this case, I think we need in California. This bridge is not just bill. to put a lot more emphasis on veterans any bridge. It is the bridge that is a For years, veterans have been told who have faithfully served their coun- symbol for my state and it is a na- that cuts to the Veterans Administra- try. tional treasure. The Golden Gate I will also vote no on this bill, as tion (VA)—and particularly cuts to Bridge is truly a jewel in California. It much as I believe in its goals, because veterans health care—were necessary frames California as our Pacific Gate- of the way it attempts a resolution on to reduce the deficit and balance the way. I believe many Americans would an historic land use dispute in my budget. Last year’s balanced budget agree it is one of our nation’s most State regarding the management of the agreement flatlined the VA budget magnificent architectural treasures. Boundary Waters Canoe Area Wilder- over six years. It provided virtually no But, Mr. President, it is also highly ness, without adequate Congressional allowance for medical inflation, which vulnerable to earthquakes. We need to consideration or debate. Congressmen in years past has come to roughly $500 protect it. We have a 1.2 billion pro- BRUCE VENTO and JAMES OBERSTAR this million per year. gram in the Bay Area to protect our week reached a last-minute, inde- But Congress can no longer pretend bridges from earthquakes. This seismic pendent agreement on a proposal to that its failure to provide for veterans’ retrofit and new construction is being change future management of the programs is a lack of resources. First BWCAW. The proposed agreement paid for entirely by state revenues and of all, the budget is now balanced. In- would re-open two portages in the by tolls paid by our motorists. The deed, this year we have a projected sur- BWCAW to motorized transport in re- Golden Gate, however, is not a state plus of somewhere in the range of $50 turn for closing two small, pristine wil- bridge. It is not a Federal bridge. It is billion. Second, in this case Congress is derness lakes to future motorized use. owned by the Golden Gate Bridge and taking resources away from veterans I regret that this agreement was Highway Transportation District themselves. If Congress insists on de- reached in this way, at the last minute which collects the tolls and operates a nying benefits to veterans who were in the House-Senate conference com- local mass transit service. Con- hooked on smoking during their mili- mittee, without having been debated sequently, the bridge, this treasure, tary service, there is no excuse for by either the House of Senate. As I needs additional funds in order to pay transferring those savings outside the have said elsewhere, I would have pre- for a $217 million program to protect VA. ferred an open, fair, public Congres- the bridge from earthquakes. I can think of a lot of areas in the sional debate on my legislation, pat- I am so pleased that Senator CHAFEE veterans budget where we could have terned after Minnesota mediation pro- and my colleagues on the conference put those savings to good use. For ex- posals, and the major alternatives of- committee heeded our pleas for help on ample, I have a bill to provide com- fered by my colleagues. I remain con- this project and provided $51.75 million pensation for veterans who were ex- vinced that my compromise plan was a for the retrofit program. That amount posed to radiation during their mili- viable one which carefully balanced the includes $25 million from the Bridge tary service. I’ve been told these atom- interests of all parties. I do not think Discretionary program. ic vets cannot be compensated because that last-minute private deals like this I ask the chairman if it is his under- offsets would have to come from else- one are an appropriate way to conduct standing that the Golden Gate Bridge where in the VA budget. Yet this policy, especially on a major issue is eligible for additional funding from ISTEA bill seizes upon an enormous which has so divided our stated. Such the discretionary bridge program. offset from that very VA budget and deals do nothing to improve Minneso- Mr. CHAFEE. Yes, the Senator from dedicates those funds to transpor- tans’ confidence in the fairness of the California is correct, the Golden Gate tation. legislative process. Bridge is eligible for additional discre- We could certainly provide more re- Mr. President, I want to reiterate my tionary funding from this program. I sources for veterans health care, which support for the overall objectives of wished that the conference could have is facing a severe funding crisis. With- this legislation. I believe investing in done more to earmark funding, but the out additional funding the VA health our transportation infrastructure is es- earmark provided was not intended to care system will ‘‘hit the wall,’’ VA sential if we are to remain economi- limit any additional discretionary Undersecretary for Health Dr. Kenneth cally competitive. Today, our highways grants for the bridge. Kizer has testified. and transit systems need continued Mrs. BOXER. I thank the Senator. This particular offset makes a mock- support in order to meet our commer- Mr. CHAFEE. As the Senate con- ery of the Senate’s professed concern cial and personal transportation re- siders the conference report for the for veterans and for deficit reduction. I quirements. Transportation Efficiency Act for the have real doubts about the various es- It is therefore with deep regret that I 21st Century, I want to take a moment timates of savings from denial of will be voting against this conference to discuss the Disadvantaged Business smoking-related claims. I know others report. I believe that we could have Enterprise (DBE) program that is part do as well. Nobody knows how much done much better and produced a bill of this bill. VA will save by denying these benefits that continued federal support for The DBE program was designed to to veterans. But the conferees have ap- transportation and transit infrastruc- ensure that all Americans have the op- parently opted for the highest possible ture without the problems that this portunity to compete for the many bil- number. bill has created. lions of dollars in contracts that will

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5414 CONGRESSIONAL RECORD — SENATE May 22, 1998 flow from this legislation. The pro- areas in which DBE programs have trail in Torrington, Connecticut, as gram, which has been in place since been curtailed or suspended. part of this project. The trail will pro- 1982, has proven both necessary to and There also was discussion of the sec- vide residents with access to trails in effective in our efforts to remedy dis- ond test, whether the program is nar- Barkhamsted and Canton, Connecticut. crimination in transportation procure- rowly tailored. As I explained in my Mr. SPECTER. Mr. President, while I ment markets. By reauthorizing the statements during debate on the am very pleased with the allocations DBE program again this year, Congress McConnell amendment, I believe that for Pennsylvania, I am voting against has signaled its belief that the evi- the program is narrowly tailored, both the ISTEA conference report because dence remains clear: we need this pro- under the current regulations and the the offsets hit the veterans’ accounts gram if we are to remove the con- new regulations, which emphasize so hard. tinuing barriers confronted by flexible goals tied to the capacity of I compliment House of Representa- minority- and women-owned busi- firms in the local market, the use of tives Chairman BUD SHUSTER and Sen- nesses. race-neutral measures, and the appro- ate Chairman JOHN CHAFEE on their ex- Let me take a moment to share with priate use of waivers for good faith ef- traordinary diligence and accomplish- my colleagues additional information forts. ments as lead negotiators on this mam- that has come to light since the two As I said during the Senate debate, moth bill. I work closely with them in chambers last considered the DBE pro- the DBE program is fair. It is nec- Pennsylvania’s infrastructure’s needs gram. A disparity study conducted for essary. And it works. I am pleased and I thank them for the accommoda- the Colorado Department of Transpor- that, in rejecting amendments that tions on Pennsylvania’s roads, bridges tation (CDOT) and released in April would have undermined the DBE pro- and mass transit systems. found that there was a disproportion- gram, the Senate has reaffirmed its In seeking total offsets of $17.7 bil- ately small number of women- and mi- commitment to equal opportunity. lion, the veterans’ accounts have been nority-owned contractors participating Mr. CHAFEE. I want to associate hit for $15.367 billion and 86.8% of the in Colorado’s transportation construc- myself with the remarks by my friend total offsets. As the Chairman of the tion industry. The study showed that and colleague from Montana regarding Veterans’ Affairs Committee and a African-Americans received none of the the constitutionality of the program. chief advocate for veterans’ interests, I state-funded highway construction This is an important matter, and I ap- believe this is excessively dispropor- contracts over $500,000. Hispanic firms preciate his comments. I hope our col- tion. received less than one-half of one per- leagues will find all of this information There is an additional $25 billion in cent (.26%), and women-owned busi- of interest. the highway trust fund. I am advised nesses were awarded less than one- Mrs. HUTCHISON. Mr. Chairman, I that $25 billion will yield approxi- quarter of one percent (.18%). The vast understand the amount authorized mately $6 billion in interest over the majority of contracts—more than 99 under this section for the DART North- next six years. Those funds could have percent—went to firms owned by white Central Light Rail Extension shall be been used for the offset or at least part men. The authors found that a signifi- no less than $188 million. of the offset; or other funds could have Mr. D’AMATO. Yes, in addition, I un- cant disparity existed between what been found for a part of the offset. derstand the federal share of the Full minority contractors actually received Accordingly, I register this protest and what they might be expected to re- Funding Grant Agreement executed by the Department of Transportation for vote. ceive in the absence of discrimination. My concern for this veterans’ offset The Colorado study also dem- this project shall be $33 million. is consistent with my position during onstrated that the DBE program has Mrs. HUTCHISON. That is correct, consideration of the FY ’99 Budget Res- worked in leveling the playing field for and I thank the Chairman for his sup- olution when I opposed this large offset women- and minority-owned firms. It port in this matter. in the veterans’ accounts. I shall work notes that ‘‘only when a DBE program Mr. LIEBERMAN. Mr. President, I to try to recoup these offsets from the has been in effect, has there been any rise this afternoon to express my ap- veterans’ accounts as we move forward significant dollar amounts utilized preciation to Senators on both sides of in the appropriations process. with [minority-/women-owned] firms.’’ the aisle, in particular my colleagues The fact of the matter is that dis- on the Environment and Public Works Mr. BAUCUS. In July of 1997, the En- crimination continues to plague Committee, for all their work in vironmental Protection Agency pro- minority- and women-owned firms in crafting the new six-year transpor- mulgated final rules that set new Na- America. Congress has a strong and tation bill that is before us. A great tional Ambient Air Quality standards compelling interest in remedying this deal of the credit must go to Senator for fine particle air pollution, known as situation; and in the DBE program, we CHAFEE and his staff, especially PM2.5. The standards require three have had and will continue to have an Jimmie Powell, for their tireless ef- years of monitoring data to be col- effective tool. forts in crafting a compromise bill that lected before determining whether an Mr. BAUCUS. Mr. President, I agree resolves a good number of contentious area is meeting the standards. with my colleague from Rhode Island issues. It is my understanding that under that the Disadvantaged Business En- Mr. President, this highway bill reaf- the Clean Air Act, Governors are re- terprise program has been an effective firms many of the revolutionary prin- quired to submit designations for at- part of the highway program. It’s given ciples established by ISTEA in 1991. tainment, nonattainment and construction companies owned by Like ISTEA, it provides broad and sub- unclassifiable areas within their states women and minorities a seat at the stantial support for all modes of sur- within 120 days but no later than 1 year table. face transportation, including transit. following promulgation of a new or re- I also believe that the program is It funds important maintenance, safe- vised standard. The EPA is then re- constitutional. Under the Supreme ty, and air quality needs as well as the quired to promulgate designations Court’s Adarand decision, affirmative construction of new infrastructure. As within two years of the issuance of action programs like the DBE program the product of difficult House-Senate such final standards. must pass two tests. The first is that negotiations, this compromise bill does For the July 1997 PM2.5 standard, the program serve a compelling inter- not include every policy that I would this schedule poses a problem. Mon- est. The lower court decision in the have liked. Yet the bill represents a itors are not yet in place and three Adarand case held that there is such a sound and reasonable basis for strong years of monitoring data will not be compelling interest. The Senate debate transportation policy over the next six available to permit Governors and the reinforced this point. There was discus- years, and I support it. EPA to determine whether an area is sion of discrimination in the construc- Finally, let me clarify one provision or is not in attainment. Therefore, the tion industry, and of statistics showing in the bill. A provision I drafted pro- Clean Air Act would require EPA to the underutilization of women- and mi- vides funding for the development of a take the meaningless step of desig- nority-owned businesses in that indus- rail trail in Winsted and Winchester, nating areas as unclassifiable in July try, such as evidence of dramatic de- Connecticut. This provision should be of 1999 on the basis that three years of creases in DBE participation in those read to include the development of the PM2.5 monitoring data are unavailable.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5415 Mr. INHOFE. That’s correct. But the Senator Dole of Kansas, rekindled the were sorely needed on our Nation’s Senate included an amendment in this debate on the appropriate use of the 4.3 highways. I have taken to the Floor bill that addresses this problem. Under cents-per-gallon gas tax. At that time, numerous times over the years to re- this amendment, for the July 1997 I signaled to my colleagues my intent mind my colleagues of the hundreds of PM2.5 standards, EPA would no longer to offer an amendment to transfer this thousands of miles of highways in the be required to designate areas regard- 4.3 cents gas tax from the general fund nation that are rated in poor or fair ing their PM2.5 attainment status in to its rightful place in the Highway condition, and the thousands of bridges July of 1999. Trust Fund so that it could be used to across our nation that are rated as de- Instead of the designation schedule help meet our ever-growing unmet ficient or functionally obsolete. currently in the Clean Air Act, this needs in the area of highway construc- Following the Environment and Pub- amendment would establish the fol- tion and maintenance, as well as to re- lic Works Committee’s action, I held lowing requirements for PM2.5 designa- build the thousands of unsafe and over- several discussions on the subject with tions: Section 4102 would extend the burdened bridges throughout the na- members of the committee, including time for Governors to submit designation. In my view, the Federal Govern- Chairman CHAFEE, and the ranking tions for the July 1997 PM2.5 standard ment has, for too long, held its head in member, Senator BAUCUS. As a con- until one year after receipt of three the sand while our Federal investment sequence of these discussions, I pre- years of monitoring data. in our nation’s infrastructure declined, pared an amendment to the highway Rather than the two year period nor- both as a percentage of our gross do- bill to authorize the spending of the mally provided by the Clean Air Act, mestic product. As such, I was poised full amount of revenues going into the under section 4102(d) of this amend- to offer my amendment to transfer the highway account of the Highway Trust ment, EPA would not be required to 4.3 cents tax into the Highway Trust Fund. Given the continuing deteriora- promulgate nonattainment, attain- Fund throughout the summer of 1996. tion of our Nation’s highways in all 50 ment and unclassifiable designations At the behest of both the majority and states, and the growing volume of con- for PM2.5 areas until one year after the minority leaders, I deferred offering cern on the part of the Nation’s Gov- Governors are required to submit the my amendment on two separate tax ernors and State legislators regarding designations or until Dec. 31, 2005, bills. Unfortunately, another oppor- the Federal Government’s underinvest- whichever date is earlier. tunity to offer my amendment did not ment in our infrastructure, I felt that Mr. BYRD addressed the Chair. arise during the 104th Congress. it was essential that the Senate have The PRESIDING OFFICER. The Sen- During debate on the budget resolu- an opportunity to vote on whether or ator from West Virginia. tion last year, Senator GRAMM offered not we meant what we said when we Mr. BYRD. Mr. President, the con- a Sense-of-the-Senate amendment sup- placed these additional highway tax ference agreement on ISTEA now be- porting the transfer of the 4.3 cents- revenues into the Highway Trust Fund. fore the Senate, which will appro- per-gallon gas tax from deficit reduc- I was pleased to have as the very first priately be entitled ‘‘The Transpor- tion to the Highway Trust Fund, and cosponsor of the amendment I had pre- tation Equity Act for the 21st Cen- the spending of that revenue on our pared my very good friend and col- tury’’, is a magnificent accomplish- highway construction needs. Senator league, Senator GRAMM. Shortly there- ment for those of us who have labored GRAMM was joined by 81 of our col- after, our efforts were given a great many long months to achieve the en- leagues in support of this amendment. boost when we were joined by Senator actment of this truly monumental Later that year, when the Finance BAUCUS, the ranking member of the highway bill. Today is the day that we Committee marked up the Taxpayer Surface Transportation Subcommittee, have all been hoping for lo these many Relief Act of 1997, it was Senator and Senator WARNER, the subcommit- months. Today is the day Congress will GRAMM, who is a member of that com- tee’s chairman. Senators GRAMM, BAU- send to the President a 6-year ISTEA mittee, who successfully included a CUS, WARNER, and I diligently sought reauthorization act that truly keeps provision transferring the 4.3 cents to to obtain cosponsors for our amend- faith with the American traveling pub- the Highway Trust Fund. That provi- ment. In total, we were able to secure lic. In adopting this conference report, sion became law with the enactment of an additional 50 cosponsors, making a the Senate will make two profoundly the Taxpayer Relief Act in August of total of 54 cosponsors for the Byrd- important statements to the American 1997. Gramm-Baucus-Warner amendment. traveling public. First, we are telling Transferring this new revenue to the Our amendment authorized addi- the American public that we are finally Highway Trust Fund was crucial, be- tional contract authority for highways prepared to guarantee that the reve- cause it gave Congress the opportunity over the period Fiscal Years 1999 nues collected at the gas pump will in- to authorize and commit dramatically through 2003, totaling $30.971 billion. At deed be spent for the purpose for which increased resources on our National the time we introduced our amend- they are collected; namely, the mainte- Highway System. Unfortunately, how- ment, that amount was the Congres- nance, upkeep, safety, and expansion of ever, even with this new revenue com- sional Budget Office’s estimate of the our national highway and transit sys- ing into the Highway Trust Fund, the revenue from the 3.45 cents portion of tems. Second, we are telling the trav- Environment and Public Works Com- the 4.3 cents gas tax that would be de- eling public that we are determined to mittee reported a highway bill on Octo- posited into the highway account of reverse the Federal Government’s ber 1, 1997, that failed to authorize even the Highway Trust Fund over that five- chronic underinvestment in our na- one penny of this new revenue to be year period. In January of this year, tional highway needs. spent on our Nation’s highways and the Congressional Budget Office re-es- We are about to send to the President bridges. Indeed, under the funding lev- timated that five-year figure to a level a highway bill calling for a full $216 bil- els reported by the Environment and of $27.41 billion, or a reduction of $3.561 lion in transportation investments Public Works Committee for the high- billion from their earlier forecast. over the six years, 1998 through 2003. Of way program, the unspent balance in During Senate debate on the highway that amount, $173 billion is provided in the Highway Trust Fund (including reauthorization bill, Mr. President, it contract authority for our national both the highway and transit ac- appeared that a true battle was brew- highway system. counts), was expected to grow from ing. The Senate was divided into two Senators will recall that the Omni- $22.9 billion at the beginning of 1998 to camps—the camp of those that had bus Budget Reconciliation Act of 1993 more than $55 billion at the end of 2003, joined with Senators BYRD, GRAMM, assessed a new 4.3 cents gas tax, solely the end of the ISTEA II authorization BAUCUS, and WARNER in support of au- for the purpose of deficit reduction. period. I found these figures to be thorizing the spending of the addi- That was the first time since the High- grossly unacceptable. Senator GRAMM tional revenue to the Highway Trust way Trust Fund had been established and I did not successfully champion the Fund, and the opposition, led by Sen- in 1956, that a permanent gas tax was transfer of the 4.3 cents into the High- ators DOMENICI and CHAFEE, who op- put on the books for a purpose other way Trust Fund so that the revenue posed this approach. This division was than for transportation investments. would sit in that Trust Fund, unspent. causing a delay in Senate consider- In May of 1996, our former colleague, There was no question that these funds ation of the ISTEA bill, a delay that

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5416 CONGRESSIONAL RECORD — SENATE May 22, 1998 made all Senators uncomfortable, since boost to the Appalachian Highway Sys- agreement. And, again, I compliment we faced the May 1 deadline beyond tem, it provided for substantial in- and thank Mr. SHUSTER and the Mem- which most states could not obligate creases in highway funding for all 50 bers on the House side. any federal aid highway funds absent a States and many other national high- It was a difficult bill. It was a dif- new authorization bill. The fact is, way initiatives. Perhaps, most impor- ficult battle and a difficult conference. that the May 1 cutoff of highway obli- tantly, it closed the substantial fund- I close by thanking once more, Sen- gation authority is still in effect and is ing gap that existed in the total ator GRAMM of Texas for his splendid a major reason why it is so critical amount of funding in the Senate high- leadership, for his unfailing courage, that Congress get this legislation to way bill and the highway bill under for his high dedication to the passage the President’s desk before the Memo- consideration in the House of Rep- of this bill, and also for his determina- rial Day Recess. Ultimately, in an at- resentatives. It paved the way for a tion to do everything possible to see to tempt to break the Senate deadlock on less contentious and more amicable it that the moneys the American peo- the highway bill, the majority leader, conference. Put simply, by bringing the ple spent on the gas tax when they fill Mr. LOTT, asked that all parties join additional $26 billion to the table, our their fuel tanks go into the highway him in his office for negotiations on amendment better enabled the con- trust fund and are spent on highways. I this issue. And so, Senator GRAMM, ferees to include many critical initia- thank him for joining with me in see- Senator BAUCUS, Senator WARNER, Sen- tives in the conference agreement—ini- ing to it that the amendment which ator CHAFEE, Senator DOMENICI, Sen- tiatives that might otherwise have would provide for the expenditure of ator D’AMATO, and I did join with the been left out of our Federal Aid High- those trust fund moneys on highways majority leader to discuss the situa- way program for the next 6 years. and bridges was implemented. This was tion. After several days of back and This conference agreement includes the goal that we sought. We thought it forth discussions, under the very adept an historic increase in the overall level was right. We thought that it was moderating style of the majority lead- of investment in our Nation’s high- being honest with the American people. er, I was pleased that an agreement ways, a 44 percent increase over the I don’t think I could have had a bet- emerged that resulted in an amend- levels authorized in the original ISTEA ter supporter and compatriot and col- ment to the then-pending highway bill legislation for the years 1992 through league in this effort than Senator totaling $25.920 billion in additional 1997. The agreement includes a total of GRAMM. He is, indeed, a very able Sen- highway spending. That amount rep- $2.25 billion for the Appalachian High- ator, and has one of the brightest resented 94 percent of CBO’s most re- way System. Within that amount, West minds I have seen in my 40 years in cent estimate of the revenue to the Virginia can expect to receive roughly this Senate. I salute him and express highway account, stemming from the $345 million to aid in the completion of my gratitude for his steadfast support 4.3 cents gas tax. Corridor H from Wardensville to Elkins and his encouragement that he gave to On a matter that was of critical im- and Corridor D in the Parkersburg me and to others of us who worked to- portance to me, the negotiated amend- area. The bill also includes specific ear- gether in this matter. ment included $1.89 billion for the Ap- marks for several high priority This conference agreement rep- palachian Development Highway Sys- projects throughout the State. These resents a remarkable accomplishment, tem. Coupled with the $300 million al- include: $50 million for West Virginia long sought by the American people ready in the committee bill for this Route 10 from Logan to Man and $22.69 and those of us who are fortunate system, total funding over the 6-year million for the continued construction enough to represent them. I commend ISTEA bill, for the Appalachian Re- of the Coalfields Expressway in South- all those whose efforts have brought us gional Highway System equaled $2.19 ern West Virginia. to this historic day. billion, the full amount requested by Mr. President, I commend the con- I yield the floor. the administration in their ISTEA pro- ferees for their diligent efforts in Mr. BREAUX. Mr. President, I want posal. Back in December—or January, reaching this historic agreement. I es- to commend the distinguished Senator rather, of 1997, I had met with the pecially commend chairman CHAFEE from West Virginia not only for his President with the goal of convincing and chairman WARNER, as well as Sen- comments, but also for his untiring him of the importance of completing ator BAUCUS, who have spent untold work on this very important legisla- the Appalachian Highway System. The hours in negotiations with the House tion. He is to be commended. I thank completion of these highways were conferees in an effort to reach a fair all of our colleagues for their work and promised to the people of Appalachia and balanced conference agreement. I their contribution on the highway bill. more than 32 years ago. But as we also commend chairman SHUSTER for But I assure everyone in this country enter the new millennia, we find that his splendid efforts on the House side that were it not for the senior Senator our Interstate Highway System is al- in chairing this very difficult con- from West Virginia, this bill would not most 100 percent complete while the ference and for bringing it to a success- have been passed in this body this Appalachian Highway System remains ful conclusion in such an expeditious afternoon and be part of one of the less than 78 percent complete. In my manner. Further, I want to especially most massive improvements of our home State of West Virginia, we lag be- commend my own Congressman, Rep- transportation system in this country. hind the average for the region. Our resentative NICK RAHALL of the Third He is to be commended. I know there segments of the Appalachian Highway District of West Virginia in which my are so many people that are not here System are only 73 percent complete. I voting residence is attained. He served today that want to say thank you to was pleased that, following our meet- as one of the leaders of the House con- the very distinguished Senator for his ing, the President saw fit to include ferees and has been a stalwart ally in contribution in this regard. $2.19 billion for the Appalachian High- the effort to guarantee the American Mr. BYRD. Mr. President, I thank my way System in his ISTEA reauthoriza- people that their gas taxes will be friend from Louisiana. I thank him for tion proposal. While this amount would spent on our Federal highways. His his kind words, and I thank him for his not serve to complete the Federal con- wisdom and his experience have made support all along the way which great- tribution toward the system, it rep- West Virginia and the Nation proud. ly helped us in bringing this legislation resented a substantial boost to the sys- I also compliment the many mem- to its fruition. I thank him again. tem and sent a signal to the entire Ap- bers of staff—for example Jim English The PRESIDING OFFICER. The palachian region that we are serious and Peter Rogoff—who have worked question is on the conference report. about completing these corridors. So diligently over these many, many The yeas and nays have been ordered. the proposal also provided for the Ap- months, as a matter of fact, in helping The clerk will call the roll. palachian States to be able to draw to bring this historic bill to fruition. I The assistant legislative clerk pro- down contract authority from the trust must thank, again, both leaders, Mr. ceeded to call the roll. fund in order to complete their Appa- DASCHLE and Mr. LOTT, for their sup- Mr. NICKLES. I announce that the lachian corridors. port of the legislation. I thank all Sen- Senator from Arizona (Mr. MCCAIN) The $26 billion included in our ators who have participated one way or and the Senator from Alaska (Mr. MUR- amendment not only allowed for a another in the working out of this KOWSKI) are necessarily absent.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5417 I further announce that, if present ISTEA dress. Whether it is in the smoking and voting, the Senator from Arizona Mr. DASCHLE. Mr. President, I rise bill, whether it is in some other legisla- (Mr. MCCAIN) would vote ‘‘nay.’’ for a moment to congratulate all of tion in the future, we will not ignore Mr. BREAUX. I announce that the those Senators who have had so much the fact that veterans need the same Senator from Arkansas (Mr. BUMPERS), to do with the success that we have consideration as every other smoker in the Senator from Kentucky (Mr. FORD), just demonstrated with the passage of this country; in fact, in some cases you the Senator from Hawaii (Mr. INOUYE), the Interstate Transportation Effi- could clearly say more. the Senator from Massachusetts (Mr. ciency Act, the so-called ISTEA II bill. There are two issues to be resolved: KENNEDY), and the Senator from New Senator BAUCUS, Senator CHAFEE, Sen- One is the offset; the second is the pol- Jersey (Mr. TORRICELLI) are necessarily ator WARNER, Senator BYRD, and Sen- icy. I believe in the longer term we will absent. ator GRAMM deserve our accolades and deal with both successfully. But that I further announce that, if present our commendation for a job extraor- should not in any way dissuade us from and voting, the Senator from Massa- dinarily well done. taking great satisfaction today with chusetts (Mr. KENNEDY) would vote This represents the single biggest in- this accomplishment, for the tremen- ‘‘aye.’’ vestment in our infrastructure in our dous job that was done in bringing us The result was announced—yeas 88, Nation’s history. It represents an effort to this point; that, in fact, at long nays 5, as follows: to recognize the importance of infra- last—a month overdue—at long last we [Rollcall Vote No. 147 Leg.] structure and the array of challenges did what the Nation was waiting for us YEAS—88 that we face in an information age, as to do: Pass a meaningful infrastructure bill that represents the needs, chal- Abraham Durbin Lieberman well as at the turn of this century and Akaka Enzi Lott the entrance into a new millennium. lenges, and demands that must be put Allard Faircloth Lugar It also recognizes the importance of on this Nation as we enter a new era. Ashcroft Feingold Mack I yield the floor. Baucus Feinstein regional balance—the West, the South, McConnell f Bennett Frist Mikulski the Northeast, the Midwest—all with Biden Glenn Moseley-Braun our disparate challenges and problems VETERANS Bingaman Graham Moynihan that we face with infrastructure, all Bond Gramm Murray Mr. BREAUX. Let me make a brief Boxer Grams with the needs, all with the recognition Nickles comment. I want to associate my com- Breaux Grassley that our States are vastly different as Brownback Gregg Reed ments and feeling with the earlier re- Reid those needs are reflected in public pol- marks of the distinguished Democratic Bryan Hagel icy. This not only represents the great- Burns Harkin Robb leader, Senator DASCHLE, with regard Byrd Hatch Roberts est investment, in my view, it rep- to his comments about this bill and the Campbell Helms Rockefeller resents as well the best regional bal- use of funds in the highway legislation Chafee Hollings Santorum ance that we have been able to dem- Cleland Hutchinson Sarbanes that could be used for veterans dis- Coats Hutchison Sessions onstrate. ability benefits associated with smok- Finally, I think it recognizes the im- Cochran Inhofe Shelby ing. Collins Jeffords Smith (NH) portance of something the distin- I was very, very pleased to hear Sen- Conrad Johnson Smith (OR) guished Senator from Louisiana and Coverdell Kempthorne ator DASCHLE point out very clearly Snowe the Senator from West Virginia have Craig Kerrey Stevens that this issue will be revisited. It D’Amato Kerry Thomas said on the floor many times: We must needs to be revisited. It is unfortunate, Daschle Kohl Thompson recognize the critical nature of the DeWine I think, that moneys that were going Landrieu Thurmond Dodd Lautenberg trust fund itself and restore the prac- Warner to be available for veterans who have Domenici Leahy tice that this country had at one point Wyden suffered disabilities from smoking Dorgan Levin and was religious in adhering to, and problems will be used for part of this NAYS—5 that is that we use the funds that are legislation that we just recently Gorton Roth Wellstone designated for particular trust funds as passed. But I think it is very clear Kyl Specter they should be used. When this legisla- there is a strong feeling among most NOT VOTING—7 tion is fully implemented, that is ex- all members of the Commerce Com- actly what will happen; the trust fund Bumpers Kennedy Torricelli mittee that this is an issue that needs Ford McCain will be used as it must be used. to be revisited. We need to find the Inouye Murkowski Today, we spend approximately $32 funds to make sure that these types of The conference report was agreed to. billion from the trust fund on an an- health disabilities are taken care of Mr. DOMENICI. Mr. President, I nual basis, but only $21 billion goes to and that if it is a veterans disability move to reconsider the vote. highways and infrastructure needs; $11 associated with their service that they Mr. WARNER. I move to lay that mo- billion, roughly, goes to needs that are be treated as such. I support that. I tion on the table. not highway designated, that are not will be here to do anything that I can The motion to lay on the table was related to infrastructure. Mr. Presi- to try and correct this problem. agreed to. dent, the time has come for us to make As we deal with the tobacco legisla- THE PRESIDING OFFICER. The a change in that practice, and this leg- tion on the floor, it would seem to me Senator from New Mexico is recog- islation does it. this would be, perhaps, a good way of nized. There has been a great deal of con- addressing this particular issue as a Mr. DOMENICI. I thank the Chair. cern expressed on both sides of the health-related smoking issue. I hope we (The remarks of Mr. DOMENICI per- aisle about the veterans’ offset. Frank- could find a way within the tobacco taining to the submission introduction ly, I am very disappointed and discour- legislation to address this. of S. Res. 36 are located in today’s aged about the fact that we are using a I stand committed to work with Sen- RECORD under ‘‘Statements on Senate veterans’ fund for purposes of offset, ator DASCHLE on finding a way to cor- Concurrent and Joint Resolutions.’’) but this is not the last word. I must rect this problem. I am quite confident Mr. BREAUX addressed the Chair. say, if we were using the trust fund for that we will be able to do so, and cer- The PRESIDING OFFICER (Mr. which it was designed, we wouldn’t tainly I am committed to do that. GRAMS). The Senator from Louisiana. need the veterans’ fund because the I yield the floor. Mr. BREAUX. I thank the Chair. highway fund is more than adequate to The PRESIDING OFFICER. The (The remarks of Mr. BREAUX per- cover our needs for infrastructure in Chair recognizes the Senator from taining to the introduction of S. 2121 this country. Hawaii. are located in today’s RECORD under We will revisit the veterans smoking f ‘‘Statements on Introduced Bills and issue, and, in my view, we will revisit Joint Resolutions.’’) it in a successful way. We must recog- ASIAN PACIFIC AMERICAN Mr. DASCHLE addressed the Chair. nize there is a dependency created in HERITAGE MONTH The PRESIDING OFFICER. The large measure because of past practices Mr. AKAKA. Mr. President, before we Democratic leader. in the Armed Forces that we must ad- break for the Memorial Day recess, I

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5418 CONGRESSIONAL RECORD — SENATE May 22, 1998 would like to remark on the celebra- investigations focused on contributions nese immigrants could only enter the tion of Asian Pacific American Herit- made to the Democratic National Com- United States under the ‘‘exempt age Month and to honor the contribu- mittee by foreign donors, legitimate class.’’ Instead of a welcoming atmos- tions Asian Pacific Americans have American donors were unduly interro- phere, these Chinese were subjected to made to our country. gated and harassed simply because days, weeks, months, and even years of Mr. President, the scope of the cele- their surnames happened to sound ‘‘for- hostile interrogation before being ad- bration has expanded every year since eign.’’ mitted to the U.S. or being deported 1992, when President Bush signed Pub- For their part, the media, including back to China. They languished in pris- lic Law 102–450 designating May of major newspapers, networks, and mag- on-like conditions at Angel Island until every year as ‘‘Asian Pacific American azines, often confused ‘‘Asian’’ with decisions were handed down. In con- Heritage Month.’’ In Washington, D.C., ‘‘Asian American’’ in their stories and trast, processing at Ellis Island took and in cities all around the nation, headlines on the donor controversy, an immigrant, on average, three to five schools, community organizations, cul- though they never seemed to confuse hours. Angel Island Immigration Sta- tural groups, and government agencies ‘‘European’’ with Americans of Euro- tion closed in 1940 after processing over are commemorating the occasion with pean extraction. The media’s inability 175,000 Chinese immigrants. film festivals, conferences, cultural to distinguish between foreigners and In 1970, a state park ranger discov- shows, museum exhibits, political fo- citizens contributed to the ered scores of poems beautifully carved rums, and a multitude of other activi- stereotypical impression that there is a into the wooden walls of the detention ties. nefarious ‘‘connection’’ between all barracks, evidently composed by its Americans of Asian and Pacific Is- Asians and Asian Americans. onetime Chinese and Japanese resi- lander descent number 10 million and This bias was in more recent evident. In one poem, a prospective Chi- that figure continues to rise. Asian Pa- dence just after Michelle Kwan and nese immigrant wrote: cific Americans represent a broad Tara Lipinski honored America by win- Every one says traveling to North America is a range of ethnic groups. Their histories ning the silver and gold Olympic figure pleasure. are as diverse as the lands of their ori- skating medals, respectively. Imme- I suffered misery on the ship and sadness in the gin. The earliest immigrants—Chinese, diately after the event, the internet wooden building. Japanese, Asian Indians, Koreans, and website of NBC’s cable affiliate, After several interrogations, still I am not done. Filipinos—and the most recent refu- MSNBC, contained the headline, I sigh because my compatriots are being forcibly detained. gees—Vietnamese, Laotians, and Cam- ‘‘American Beats Out Kwan for Wom- bodians—all experienced similar, yet en’s Figure Skating Title.’’ As we all Another wrote unique journeys as they crossed the know, both Lipinski and Kwan are Originally, I had intended to come to America Pacific to venture to a new land of op- Americans. But the difference between last year. portunity. Opportunities, however, Lack of money delayed me until early autumn. the two champions, in the eyes of It was on the day that the Weaver Maiden met were not as plentiful as they would MSNBC’s editors, was their skin color, the Cowherd. have hoped. From the Chinese Exclu- making one ‘‘more’’ American than the That I took passage on the President Lincoln. sion Laws, which restricted immigra- other. I ate wind and tasted waves for more than tion on a racial basis, to Executive Mr. President, instances like these twenty days. Order 9066, which resulted in the in- remind us that Asian Pacific Ameri- Fortunately, I arrived safety on the American ternment of more than 110,000 Japanese cans, whatever their achievements, continent. Americans and their immigrant rel- whatever their contributions to the na- I thought I could land in a few days. atives, life in America, at times, tion, are still perceived as foreigners, How was I to know I would become a prisoner suffering in the wooden building? proved to be a nightmare rather than whether fifth or first generation. These The barbarians abuse is really difficult to take. the promised American Dream. But de- unfortunate incidents are reminders When my family’s circumstances stir my emo- spite seemingly insurmountable obsta- that as a nation we still have a long tions, a double stream of tears flow. cles, these early intrepid immigrants journey ahead of us on the road to tol- I only wish I can land in San Francisco soon, toiled and sacrificed in order to make erance and mutual understanding. Thus sparing me this additional sorrow here. this country their own and to preserve But I would be remiss if I did not also These poignant works reveal the the American dream for their Amer- point out that there have also been a hardships these immigrants endured; ican children. They helped build our number of developments that have but, more importantly, they also re- railroads, labored on our farms, worked helped advance the Asian Pacific com- vealed hopes and desires that are uni- endless factory hours, and formed the munity’s quest to become fully accept- versal to the American story. This backbone of many small businesses. ed members of American society. I story is work preserving, whether it is Today, even more so than in the past, would like to take this opportunity to the experience of the Irish of Boston, Asian Pacific Americans contribute to highlight two notable events which oc- the Italians of New York City, the Afri- every sector of our society. They are in curred during this month’s celebration can Americans of Savannah, the Mexi- corporate board rooms, scientific lab- of Asian Pacific American Heritage cans of El Paso, or the Cambodians of oratories, universities, Congress, state- Month, events that I hope reflect a Long Beach. houses, the judiciary, government growing understanding of, and appre- I would like to congratulate the agencies, the performing arts, and ciation for, Asian Pacific Americans by Angel Island Immigration Station sports. They are architects like I.M. fellow Americans. Foundation, the Chinese Historical So- Pei, scientists like AIDS researcher First, last Saturday, a ceremony ciety of America, the California De- David Ho, statesmen like Senator DAN celebrating the designation of Angel Is- partment of Parks and Recreation, and INOUYE, writers like journalist Iris land as a National Historic Landmark the many other community organiza- Chang, musicians like conductor Zubin was held in San Francisco. Located in tions and individuals who worked tire- Mehta, filmmakers like Chris Tashima, San Francisco Bay, Angel Island Immi- lessly to procure National Historic sports heroes like Tiger Woods, and gration Station served as an immigra- Landmark status for Angel Island. It is warriors like General Eric Shinseki. tion processing station for many West my hope the new designation will help Unfortunately, the scope and ubiquity Coast immigrants between 1910 and preserve a significant experience in the of Asian Pacific accomplishments are 1940. Most of the immigrants entering lives of Asian Pacific immigrants, on often overshadowed by insensitive acts through Angel Island were Chinese, but that will also resonate with the uni- directed against members of the com- a sizable portion of the immigrants versal immigration experience of all munity. came from Japan, the Philippines, and Americans. For example, during last year’s in- Europe as well. However, the Chinese The second promising development vestigation of campaign finance experience was vastly different from that occurred this month was the an- abuses, the distinction between foreign that of other immigrants, regardless of nouncement by Hasbro Toys, the com- donors and Asian American donors was which port of entry they entered pany, which manufactures ‘‘G.I. Joe,’’ frequently blurred by members of both through. Subject to a series of Chinese that it will be creating a Japanese political parties and the media. While exclusion laws beginning in 1882, Chi- American G.I. Joe, as part of its G.I.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5419 Joe Classics Collection. The action fig- that have helped tremendously in this. was looking at the fact that they have ure will honor the Japanese Americans I have also appreciated his guidance increased the requirements on smoking who fought valiantly for our country since I have been here. Now we are on campus, and yet the number of kids during World War II. heading back to our respective States. smoking has gone up. At a university, My colleagues will recall that as THE TOBACCO LEGISLATION they are supposed to be more intellec- members of the famed 100th Infantry The other thing that we have done tual perhaps. I know they believe they Battalion/442nd Regimental Combat this week is spend some time debating are. But they are still smoking more. Team, Japanese American soldiers suf- the tobacco settlement, debating how So they are not thinking through the fered unparalleled casualties in the we can get teens to quit smoking, de- problem. But they asked them why. French and Italian campaigns. Many bating how we can solve the problems Part of it is rebelliousness. Part of it is veterans today still recall the heroism of tobacco. I hope that all Senators go because their parents did it. There are of this fighting unit, which during one back to their States and talk about a number of reasons. None of the an- famous engagement sustained 800 cas- this landmark piece of legislation that swers suggested included that the price ualties to save the lives of some 200 is before us—landmark in that it will would make a difference. members of a Texas battalion who were be the largest tax increase in my mem- Kids today are paying outlandish facing certain annihilation by German ory, a tax increase that will be placed amounts for a pair of tennis shoes. I troops. The 442nd emerged as one of the on a separate segment of the people. sold shoes for 28 years. Would you be- most decorated units in our nation’s I am going to stop right here and lieve they are paying 50 bucks for a military history, among its more fa- mention that I have not taken any pair of tennis shoes? I said that just to mous members is Senator DANIEL money from the tobacco companies. see if you were paying attention. Do INOUYE, whose heroism earned him the When I was campaigning, I desperately you know that there are tennis shoes Distinguished Service Cross. needed some funds, but I didn’t feel out there for 150 bucks and the kids are Aside from their military prowess, that it was right to do that. My com- buying them? It is the kids that have what was even more remarkable about ments are not based on that. It is con- the money to buy them. There are these brave men was the fact that they cern out of what we debated this last more kids working today, making were fighting for a country which was, week, the constitutionality of whether money, and they are not using that in essence, holding their families hos- we have the right to solve this problem money to help support their family. It tage in internment camps. One of the in this body for every person in the Na- is money that they get to spend. They darkest chapters of our nation’s his- tion, whether we can set that kind of a are spending it on things like $150 ten- tory was the forced evacuation of over precedent. I am sure that if people have nis shoes. 110,000 Japanese Americans into intern- been watching, they have been a little So an increase in the price of a pack ment camps. confused about the amount of time it of cigarettes will bother them for a lit- And so I am very pleased that a toy has taken to debate it. I want to assure tle while but not as a long problem. company, which markets to our most them that it will take considerably Who winds up with the money in this important community, our children, more time to debate this issue. This bill? We have heard some comments has dispensed with typical marketing would probably be more appropriate in here that in the highway bill there values to honor America’s home-grown six bills, coming from six different may have been some money taken from Asian Pacific American heroes. For ul- committees. It was tried that way, and veterans. That was money never passed timately, only change in our cultural it was determined that it needed to be by Congress, never budgeted by Con- values will have transformational ef- in one bill. Each of those bills would gress, never funded by Congress, and fect on race and ethnic relations as we require as much debate as we had this wasn’t even in the President’s budget approach the next millennium. week. this year to have that money. I don’t Mr. President, I am Native Hawaiian We are going from a premise that know why it isn’t in this smoking bill. and I am Chinese, but above all I am these companies need to be punished. Everything else is. Everything else is— American. I have embraced all of my Lately, documents have shown that even things that are not remotely re- identities and hope that others can they have withheld information from lated to smoking. If you ever had an learn to embrace and cherish our inher- their consumers—the people using the idea for a project, this is a bill you can ent diversity. It is my sincere hope product—that shows that nicotine is put it in. We will just kick the price of that as we celebrate Asian Pacific definitely addictive, that it does affect cigarettes up just a little bit. That will American Heritage Month, each and their health, that it is going to hurt solve everything. It started out at every citizen will reflect on our na- them. Consequently, there is a desire $368.5 billion, went to $516 billion, and tion’s multiple heritages and appre- across this Nation to punish those perhaps now is at $800 billion. We could ciate the relationship between our ra- companies. But as several of my con- match the regular U.S. budget in the cial and ethnic diversity and the unity stituents who smoke have said, ‘‘Let’s trillions with this, eventually. We can that binds us together as Americans. see, they abused my body for years, just add in some other programs. I yield the floor. and now you want to punish them by We are talking about compensating Mr. ENZI addressed the Chair. taxing me?’’ And we do this in the farmers. That will be the big debate The PRESIDING OFFICER. The Sen- name of reducing teen smoking. We all when we get back. And the farmers ator from Wyoming, Mr. ENZI, is recog- want to reduce teen smoking. We hope ought to be involved in this debate. nized. they realize that 3,000 kids a day start But we are talking about perhaps f smoking and they are going to kill $20,000 an acre. And they get to keep themselves, and 1,000 of them for sure the land? We are talking about vending THE SENATE’S ACCOMPLISHMENTS in that day will be killed sooner. And machine owners. The machines run THE HIGHWAY BILL we say raising the price of cigarettes $1,500 to $2,500, maybe $3,500. We are Mr. ENZI. Mr. President, I appreciate will do that. talking about compensating them the honor of closing up today and send- I have been traveling Wyoming. I $13,000 per machine? That is where ing everyone on their way back to have been asking people about the their current value of future lost rev- their homes with the joyous news that price and how that would affect them. enue is—the amount of money they there is highway money. I go back to I have been going to schools when I am could have made off that machine, as Wyoming almost every weekend and out there and asking about that price. though it was our fault that they travel 1,200 miles across Wyoming’s And the general consensus is, yes, for a bought the machine, as though it was vast open spaces, and we will appre- little while it will make a difference. our fault that smoking was bad for peo- ciate that highway money. It truly has But they refer me to other kinds of ple. been a landmark achievement. I want drug use that is expensive, more expen- Those are debates we will have when to congratulate the senior Senator sive, and increasingly expensive, and we get back, and those debates will from Wyoming, Senator THOMAS, for that use is going up. take awhile. his outstanding efforts on that bill. He I saw a college report from the The FDA is being given explicit au- did some early drafting and formulas George Washington University which thority in this. They need to probably

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5420 CONGRESSIONAL RECORD — SENATE May 22, 1998 have some explicit authority. But their THE VERY BAD DEBT BOXSCORE REMARKS OF ELIZABETH DOLE budget already under our budget is in- Mr. HELMS. Mr. President, at the Thank you, Paul, for that kind introduc- creased significantly. Now, under this close of business yesterday, Thursday, tion and ladies and gentlemen, thank you so bill, we increase it 10 times more, $34 May 21, 1998, the federal debt stood at much. And special thanks to Donna Shalala, Secretary of Health and Human Services, million to $340 million, a huge in- $5,503,780,049,716.42 (Five trillion, five crease. We are expecting those people and David Kessler, Dean of the Yale Medical hundred three billion, seven hundred School and former Commissioner of the Food to gear up and utilize that money. It eighty million, forty-nine thousand, and Drug Administration We are delighted looks like we are forming an additional seven hundred sixteen dollars and you could be with us today as we mark the bureaucracy. I also want you to watch forty-two cents). 50th anniversary of the most important of the dollars. One year ago, May 21, 1997, the fed- our national reserves: America’s reserve of eral debt stood at $5,348,058,000,000 life, the American blood supply. Thank you, In Wyoming, for years we have been Donna and David, for your continued leader- talking about increasing the price of (Five trillion, three hundred forty- eight billion, fifty-eight million). ship, and for your steadfast dedication to the the tax on cigarettes by 15 cents. When Five years ago, May 21, 1993, the fed- safety and quality of American health. I was in the State legislature in Wyo- eral debt stood at $4,287,850,000,000 Aren’t we thrilled to have Garth Brooks ming, we talked about that. We usually (Four trillion, two hundred eighty- here. Garth, you have a magical hold on the spirit of our people. What a joy it is that you talked about putting that money to seven billion, eight hundred fifty mil- health needs. Even talking about put- would share that bond with us. We are enor- lion). mously grateful. ting it to the health needs, it raised ap- Twenty-five years ago, May 21, 1973, What a day! We are also so very pleased to proximately $8 million a year. I have to the federal debt stood at $453,228,000,000 be joined by the Oak Ridge Boys! Boys, your focus on the difference here between (Four hundred fifty-three billion, two music puts the party in the birthday, and we billion and million. In the States, a hundred twenty-eight million) which thank you. million is a lot of money. Out here, a reflects a debt increase of more than $5 Also, many thanks to the other wonderful billion is not much. But that 15 cents a trillion—$5,050,552,049,716.42 (Five tril- celebrities with us today—Lynda Carter, pack raises $8 million. We are told that lion, fifty billion, five hundred fifty- KENNEDY, and William Moses. We sincerely two million, forty-nine thousand, seven appreciate your generosity in joining us to $1.10 a pack will raise $6 million. It celebrate our 50th birthday of Biomedical doesn’t sound like very good math. It hundred sixteen dollars and forty-two Services. And, welcome to Councilwoman sounds like the usual Washington pro- cents) during the past 25 years. Charlene Drew Jarvis, the daughter of Dr. gram where it comes back here, we f Charles Drew, renowned plasma pioneer for keep a bunch of it, and we send a little the American Red Cross and leading author- FIFTIETH ANNIVERSARY OF RED ity on transfusion. The Charles Drew Insti- bit back. If that is the case, the State CROSS BLOOD COLLECTING would do it better. It would have more tute honors his memory. Thank you, money for the States. Mr. THURMOND. Mr. President, as Charlene, for your support over the years. the United States fought World War II, As we observe this 50th anniversary, of I am going to mention two final con- Americans mobilized in support of the American Red Cross Blood services, it’s a cerns that I have on this. When we war effort like they never had before. time to take satisfaction in our past and passed the budget bill, we talked about Everyone was trying to find a way to pride in where we’ve been. The Red Cross the need to help Medicare with money started collecting blood during World War II help our troops battle the Axis and in order to save soldiers’ lives, and our ef- that came from the tobacco. That is keep the world free and safe. Whether forts were credited with reducing the death what we were going to do with all of it was children flattening and saving rate among these soldiers to half that of the money from the tobacco settle- tin cans that were used for scrap their World War I counterparts. When peace ment—put it into Medicare, shore that metal, or people growing fruits and came, we created America’s first nationwide, up. It is in bad financial shape. That vegetables in ‘‘Victory Gardens’’, ev- volunteer blood collection and distribution would give us some more time to work eryone tried to find a way to make system, assuring all our citizens access to on it. There is very little provision in their own contribution to winning the one of the great medical advances of this century. this bill for doing anything for Medi- war and supporting our men and But health events in the last two decades care. We should take care of Medicare. women in uniform. rocked us to our very foundations. The age That would be a medical use for the It was at this time that the Amer- of blood-borne diseases such as AIDS and money. That would be money that non- ican Red Cross took on the responsi- new forms of hepatitis swooped down on us smokers have been paying in to pay for bility of collecting blood that would ul- with a vengeance. We knew we could no smokers’ problems that increase the timately be used to help save the lives longer operate at the Red Cross as we had cost of Medicare. of Soldiers, Sailors, Marines, and Army done for so many years. Which is why this Air Corpsmen wounded in action. The year, our 50th anniversary, is a year to look The final need that we have to have efforts of the Red Cross were truly a forward, rather than back. Today I take in the bill is a provision where we don’t success as they helped to reduce the great joy in announcing an historic achieve- spend the money until we have the ment: death rate among the wounded by fifty As the year closes, the American Red Cross money. It disturbs me a lot that we are percent. talking about putting an industry out will celebrate the completion of our nearly For the past fifty years, the Amer- seven-year, $287 million dollar trans- of business but relying on ever-increas- ican Red Cross has been responsible for formation of our blood operations. This long- ing revenues from this business going administering the Nation’s blood sup- awaited milestone is the reason I stand here out of business. Somehow the basic plies and they have done a commend- with so much confidence—and hope—for the counting instincts here just do not bal- able job in ensuring that the United future. The accomplishment of Trans- ance. We really have to be sure that States has a ready and ample reserve of formation is a great, triumphant victory in the money gets collected before it gets blood for those who need it. Just a few our common endeavor to expand what is pos- spent if we are going to decrease the days ago, on April 30th, American Red sible in health care. And I’m also pleased to announce today revenues. Cross President Elizabeth Dole helped that, following this speech, I am leaving on So there are a lot of concerns there. to celebrate the fiftieth anniversary of a nation-wide tour of blood drives and celeb- that organization’s Biomedical Serv- rity events to focus attention on the safety I hope my colleagues will go home to ices. Her remarks nicely illustrate the revolution in America’s blood supply. Many their States and discuss with the peo- contributions and accomplishments of of our citizens are still frightened of trans- ple there the complexities of this bill. the Red Cross in administering the Na- fusions, and they should not be! Many mil- I don’t know that there has been that tion’s blood supply. I think that my lions still mistrust those red bags of life, and complex a bill before. We are not going colleagues and the public would be in- they must not! We have achieved a new to probably break it down into six sep- terested to read what Mrs. Dole had to American miracle in blood, and I will take arate bills. So there will be a long de- that message across America. We will cele- say and I ask unanimous consent that brate and we will educate but first, let me bate on it when we get back. Share her remarks be printed in the RECORD. ruminate. your ideas. Share your concerns. And There being no objection, the mate- When I came to the Red Cross in February we will get with that when we come rial was ordered to be printed in the 1991, the legal and financial vulnerabilities back. RECORD, as follows: of our blood operations threatened the very

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5421 viability of the Red Cross. The country was tively seek them out, report them and then for signals from the FDA that change was re- pretty worried about the safety of America’s fix them, ourselves. We hired a leader in quired. Today, the Red Cross is a leader of blood supply back then. And as the person quality assurance who created an inde- change. While Transformation the program newly responsible for half of it, so was I. pendent program, providing more than 200 is nearly complete, Transformation the proc- Some of our Board members wanted us to get experts to audit and consult with all of our ess will be never ending. out of blood banking altogether, believing fixed sites. We actively monitor for more There is a story I love about Supreme our duty to safeguard the rest of our historic than 150 possible deviations in manufac- Court Justice Oliver Wendell Holmes. When organization demanded that we abandon this turing. And our folks, can and on occasion Justice Holmes was in his 90s, he took a trip mission field. Between Congressional hear- have shut down a process immediately, when on the Pennsylvania Railroad. As he saw the ings, media expose´s and enormous regulatory they have found a serious deviation from conductor coming down the aisle, he began pressure, there were days when I wanted to standard operating procedure. patting his pockets, looking for his ticket. get out, too. In short, we have a new, centralized man- The conductor, recognizing the famous ju- Still, the question haunted us: if we left agement structure, a new information sys- rist, said, ‘‘Don’t worry, Mr. Justice. I’m blood banking, who would fill our shoes? The tem, and the best quality assurance program sure you’ll find your ticket when you leave Red Cross is not a public agency, but what in existence. We have consolidated and mod- the train, and certainly the Pennsylvania we do—especially in blood—is a public trust. ernized testing and have strictly standard- Railroad will trust you to mail it back We weren’t going to let America down. Not ized procedures and training across our sys- later.’’ on our watch. tem. As a matter of fact, we now run the Justice Holmes looked up at the conductor The blood supply was as safe as the current highly acclaimed Charles Drew Biomedical with some irritation and said, ‘‘My dear blood systems and contemporary scientists Institute—and provide leadership to the en- man, the problem is not, where is my ticket. knew how to make it. But in the age of AIDS tire blood banking community. The problem is, where am I going?’’ and other blood borne infectious diseases, We have moved to a position of leadership Ladies and gentlemen, the American Red wasn’t there more we could do? We had to in an industry which has achieved phe- Cross knows where it’s going! As we have led ‘‘think outside the box’’ with respect to ex- nomenal success in the face of frightening the nation in blood transformation, so we isting science, blood supply management, odds: In 1991, an American’s risk of HIV will set a new credo of business for busi- and safety approaches. transmission from a blood transfusion was nesses of the heart. But more than that, we We dreamed, in 1991, of where we wanted to one in 220,000. Today, it is nearly one in are dedicated to saving and improving every go. But we did more than that. We mustered 700,000—more than a three-fold reduction in life we can. We at the Red Cross want to be our courage and embraced Transformation as risk. I’d say that is worth cheering about, the model for non-profits in the next cen- our ticket to ride. It was the most ambitious wouldn’t you? tury. The status quo is no longer our milieu. project the Red Cross had ever undertaken: Today, I can say what I could not seven Well into the new millennium, the Red Cross the total redesign of how we collect, process, years ago: the Red Cross is in the blood busi- will seek out the cutting edge; we will be the test, and deliver nearly half of America’s ness to stay. We are sure of our mission and people who question the range of possibili- blood supply. I dare say it is the most pro- we know how to fulfill it. No longer an orga- ties—in blood banking as well as in every found change any non-profit organization nization constrained by yesterday’s tech- other aspect of our mission. But we know we cannot accomplish all of has made in recent memory! nology, we operate today with the gleaming our dreams by ourselves. We need the time At the time, it felt the way I imagine a precision and efficiency of what is still, for and money, the brainpower and the lifeblood Shuttle astronaut must feel on her first most in the world, only tomorrow’s possibili- of Americans like you. Together, we will space walk letting go of the ship, taking her ties. We offer Cadillac quality coupled with continue to imagine the unimaginable and first step into the unknown. It felt as if our Volvo security. Don’t get me wrong: every attain the unattainable. Together, we will be whole organization had let go. . .let go of car on the lot meets the government stand- privileged to touch, and in so doing trans- the security of status-quo standards, let go ard for safety. But like Cadillac and Volvo, form, the millions of individual lives we are of the financial certainty underpinning our we have set standards of our own. dedicated to serve. entire operation, let go of what we knew, in Unlike car companies, however, we don’t On behalf of our entire Red Cross family, search of what we hoped to find—but know- do what we do for a profit. The pins on our thank you for all you’ve done, and for all ing that each step was backed up by a truly lapels and the patches on our sleeves remind you continue to do. And on this special day, exceptional scientific team entirely com- us daily that we are in this business to fulfill thanks for coming to our party. mitted to forging new frontiers. I feel so for- a national trust, to live up to our moral tunate that Jim Ross with Brian McDonough commitment to do the best we can to ensure f and each member of his outstanding team the well-being of the American people. We THE 80TH ANNIVERSARY OF THE answered my call to complete this challenge. are also reaching out to the rest of the INDEPENDENCE OF THE REPUB- In 1993, the Food and Drug Administration world, sharing the lessons we have learned imposed a consent decree on our blood serv- from Transformation to help improve the LIC OF GEORGIA ices operations. But as David will tell you, safety and reliability of the world’s blood Mr. KENNEDY. Mr. President, I join we were already more than two years into supply. my colleagues in congratulating the Transformation. The consent decree was ba- Of course, modernization and improvement people of the Republic of Georgia on sically a codification or ratification of our is a process that must never end. As David the 80th anniversary of their independ- far-reaching plan, with timelines and mile- Kearns, the former chairman of Xerox, once stones for measuring our progress. And said, ‘‘In the race for quality, there is no fin- ence. today, as we conclude Transformation, we ish line.’’ This could never be more true than Eighty years ago on May 26, 1918, fol- also are wrapping up our last requirements in the blood banking business. We’re deter- lowing the collapse of the Russian Em- under the decree. mined to remain not only the industry lead- pire, the people of Georgia gained their With the completion of Transformation er in quality and safety, but to place our- independence and established their own this year, we will have forced ourselves from selves in the forefront of new product devel- government. Tragically, Georgia’s the mind set of always doing things the way opment. independence was short-lived. In March we had done them before. We already have At our world-class Holland Laboratory, 1921, the Soviet Army reoccupied Geor- left behind our days in the comfort of indus- Red Cross physicians and scientists are eval- try averages to become the undisputed lead- uating and monitoring possible threats to gia, beginning decades of further occu- er in blood banking. Once we were weighed the blood supply and working on many other pation, domination and repression. down with 53 non-standardized blood centers new, cutting-edge technologies—some of Despite this persecution by the So- running 28 computer systems in a patchwork which we will share with you today. viet leadership, the spirit of the Geor- quilt of regions, each with its own operating But all this technology wouldn’t be worth gian people could not be defeated. procedures and business practices. Today we a thing without the Red Crossers who make Throughout almost seventy years of have one set of operational procedures, one it work for America. They are the reason and Soviet rule, the people of Georgia set of business practices, and one state of the the inspiration for our service. We have 1.3 never lost sight of their goal to be free art computer system—which gives us the million volunteers, 32,000 paid staff, and 4.3 best national donor deferral system and the million blood donors—that’s 20,000 donors from outside domination and influence. largest blood information data base in the every day—I’d like to stop just a minute to Finally, in 1991, following the fall of world for transfusion medicine research. give those quiet heroes a loud round of ap- the Berlin Wall and the collapse of the We determined that today’s demands were plause. Soviet Union, the people of Georgia best met in high-volume, state-of-the-art, Yes, after 50 years in Blood Services—and were again able to realize their dream centralized labs, so we replaced our 53 test- spending the last seven years transforming of independence, and their nation now ing facilities with 8 state of the art, high- them, the American Red Cross has much to enjoys a bright future. The election of tech laboratories that today are the leading celebrate. In addition to enhancing blood President Eduard Shevardnadze and centers of their kind in the world. This en- safety, our investment has given us the ables us to quickly incorporate medical tech- knowledge and confidence to shape our own the election of a Parliament com- nology as it evolves. future. mitted to legal reform in 1995 have en- Perhaps most importantly, today we no Before Transformation, the Red Cross and couraged economic growth and reforms longer fear finding our own faults. We ac- other blood banks around the country waited in human rights.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5422 CONGRESSIONAL RECORD — SENATE May 22, 1998 Today, as we celebrate this 80th anni- long been privileged to call my friend. Thank noble, that self-sacrifice is rewarding and versary of Georgia’s independence, we you, Mr. Secretary, for this ceremony, for that to be ready to fight for freedom fills one also honor and commend the Georgian this award, and for reminding us that when with a sense of worth like nothing else . . . people for their courage and commit- it comes to our national defense, we should for if America is still the great beacon in not define ourselves as Democrats or Repub- dense gloom, the promise to hundreds of mil- ment in achieving their dream of a na- licans, but rather, simply as Americans. lions of the oppressed that liberty exists, tion free again at last and committed I am also pleased to be joined today by the that it is the shining future, that they can to the principles of democracy. president of the American Red Cross. throw off their tyrants, and learn freedom Throughout this century, wherever you have f and cease learning war, then we still need found American service men and women— heroes to stand guard in the night.’’ AWARD OF DOD’s DISTINGUISHED whether on the battlefield, on the base, or in Thank you, Mr. Secretary for this day, and PUBLIC SERVICE AWARD the hospital—you knew that close by you thanks to all those heroes here today and the would also find the American Red Cross. countless thousands who serve with you who Mr. THURMOND. Mr. President, I And on behalf of all the past and present make the world a safer place by standing rise today to say a few words about our members of the Armed Forces here, I thank guard in the night. former colleague and Majority Leader, Elizabeth for the difference the Red Cross Senator Robert Dole. has made in our lives. And while I may not REMARKS OF SECRETARY OF DEFENSE WILLIAM There are few people who have given be proof of the old saying that here in Amer- S. COHEN—PRESENTATION OF DISTINGUISHED more to this Nation than Bob Dole. He ica, any boy can grow up to be President, I PUBLIC SERVICE AWARD TO BOB DOLE, take heart in the fact that I am proof that has dedicated his life to public service. CONMY HALL, FORT MYER, VIRGINIA, APRIL any boy can grow up and be married to the 29, 1998 He was a young Army officer during President . . . of the American Red Cross, World War II, helping to liberate Eu- General Ralston, thank you for your gra- that is. cious words. Senator Dole, Elizabeth and rope, where as we all know, he suffered During my life I have been privileged to be Robin Dole; Members of Congress: Senator his lifelong wounds. He served in the called by many titles—including congress- Thurmond, Specter, Campbell, Smith and Kansas State House, in the United man, Senator, and majority leader. But the Reed and Congressmen Ryun and Houghton; States House of Representatives, and two titles of which I am most proud have Deputy Secretary Hamre and Julie Hamre; nothing to do with elective office. The first ultimately in the United States Sen- Service secretaries, service chiefs and is ‘‘Kansan.’’ And the second is ‘‘veteran.’’ spouses; Distinguished guests, especially ate, as Majority Leader, where he left I have often wondered why the Army as- Jack Kemp, Warren Rudman, Paul Laxalt, his greatest mark. Even though he no signed a kid from the plains of Kansas to Colin Powell, Ambassador Ellsworth. Wel- longer holds elected office, Bob still serve in the 10th Mountain Division, but I’ve come all, and thank you for joining Janet never wondered about the courage and her- finds ways to contribute to the public and me and the entire Department of De- oism of those who served with me, and those good through a variety of efforts, not fense in paying tribute to a dear friend and who have defended our country in the half the least of which is his work on the a true American hero—Bob Dole. century that has followed. And I can’t help World War II Memorial. He is truly a Justice Oliver Wendell Holmes, Jr., who but recall today the words of General George served his country both as a soldier and a man who has distinguished himself Marshall, who was asked soon after Amer- public servant, once spoke to his fellow vet- through his selflessness, who has ren- ica’s entrance into World War II, whether we erans in words that reflect the soldier and dered the Nation a great service, and is had a secret weapon that would ensure vic- public servant we honor today. Holmes said: worthy of the respect and admiration tory. ‘‘As I look into your eyes, I feel that a great Marshall said, ‘‘Yes, our secret weapon is of all Americans. trial in your youth made you different. It the best darned kids in the world.’’ A few weeks ago, another one of our made you a citizen of the world and not of a former colleagues, Secretary of De- Marshall was right. America ensured the survival of freedom in World War II precisely little town. Best of all, it made you believe fense William Cohen, made certain because we had the best darned kids in the in something else besides doing the best for that Senator Dole knew the high re- world—kids who were willing to fight and die yourself. You learned a lesson early which gard in which he is held by the men for their country and for the cause of free- has given a different feeling to life, which and women of our armed services by dom. put a kind of fire into your heart.’’ holding a full dress parade in his honor What was true in World War II, has contin- Today we express our gratitude to Bob ued to be true in the decades that have fol- Dole, a man from the little town of Russell, and bestowing upon him the Depart- Kansas for whom the lessons of life came ment of Defense’s Distinguished Public lowed, as more of those best darned kids have fought and died in places with names early. With the Dustbowl came the lesson of Service Award. This was an especially like Inchon, Porkchop Hill, the Persian Gulf, hard work. With the Depression came the impressive ceremony that weaved to- and countless other locations around the lesson of hardship. With World War II came gether pageantry, heritage, and patri- globe. the lesson of service and sacrifice in a way otism in a stirring tribute to both Sen- I traveled to Bosnia just this past week- most of us will never know. ator Dole and his service to the United end, and can report to you, Mr. Secretary, Throughout his distinguished career, we States. I was particularly moved by the that our Armed Services can still boast the have called Bob Dole by many titles—Con- gressman Dole, Senator Dole, Chairman Dole remarks of my two friends and want to best darned kids in the world. Throughout my years in the Battlefields of and Candidate Dole. Our ceremony today share them with my colleagues in the Capitol Hill, I always tried to remember and honors all those roles, but also honors a time Senate, and with the Nation through stand up for those who were serving or who when he was known as Second Lieutenant the Congressional Record. I am certain had served. And I always tried to remember Robert Dole, who led the Second Battalion of that all who read these speeches will that the only way to ensure that future gen- the 85th Infantry Mountain Regiment of the agree with me that they provide both erations or those kids would not be buried on U.S. Army’s 10th Mountain Division. insight into a modest and private man foreign land was to continue to provide for a As the war in Europe was winding down, a and a fitting tribute to a true Amer- strong defense and American leadership spring offensive was scheduled for April 12, 1945 to bring about the surrender of German ican hero. whenever and wherever it was needed. And any success I achieved in this regard forces in Italy. On the same day, as it hap- I ask unanimous consent that copies was achieved because so many others stood pens, President Roosevelt died. But it was of Secretary Cohen’s and Senator with me. And although this old soldier has not the President’s death but a heavy fog Dole’s remarks be printed in the retired from elective office, I don’t intend to that delayed the offensive until April 14 at RECORD. fade away. Rather, I will continue to stand oh-six-hundred. After the intensive assault There being no objection, the mate- up and speak out on matters of importance against fortified German positions by heavy rial was ordered to be printed in the to the United States, and I will always re- bombers, fighter-bombers and artillery, the 10th Mountain Division began to move across RECORD, as follows: gard this day and this award not as recognition for any achievements of the past, but as a ravine to a clearing to take for the Allies SENATOR BOB DOLE—REMARKS PREPARED FOR a reminder of our responsibilities to future what was known as Hill 913. DELIVERY, FORT MEYER, VIRGINIA, APRIL 29, generations of Americans. But even after the shelling and bombing, 1998 And so, Mr. Secretary, Lieutenant Robert there was significant German resistance. The If given the choice between receiving an J. Dole is reporting for duty today, ready for snipers were dug in. The 10th Mountain Divi- award from a Secretary of Defense or ap- a mission that must be shared by all Ameri- sion would take more causalities on April 14, pointing a Secretary of Defense, I would cans; a mission perhaps best defined by the 1945 than all the other Allied forces in Italy. have picked the latter. author Herman Wouk, who said: Second Lieutenant Robert Dole was hit and Seriously, I am humbled and honored by ‘‘(Our duty is to) reassure (our men and gravely wounded by a mortar blast and wait- this award, and it means all the more to me women in uniform) that their hard, long ed in a shell hole for nine hours until the because it was presented by a man I have training is needed, that love of country is medics could reach him.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5423 The war in Europe ended just a few weeks ment to express my condolences to the District Court, was the keynote speak- later on May 8, 1945. Second Lieutenant Dole families of the students killed and er at the ceremony. His remarks were came back to a Topeka hospital and eventu- wounded during the tragic shooting very well received by the crowd and ally back to Russell. When he went to Eu- yesterday at the Thurston High School helped to make the event a great suc- rope, he weighed a muscular 200 pounds and was a football, basketball and track star at in Springfield, Oregon. cess. Though I was unable to attend the State University of Kansas. When he The thoughts and prayers of all this event, I heard from a number of came home after the war, he was on a Americans today are with the families friends who did that Judge Anderson’s stretcher and weighed 120 pounds. At one of Springfield. It is yet another com- remarks were truly excellent. After re- point, his temperature reached 108.7 degrees. munity where lives have been shat- questing a copy of his speech, I came to Faced with this terrible situation and the tered forever by children with easy ac- the very same conclusion and thought unanimously gloomy opinion of his doctors, cess to firearms. that my peers in the Senate would many people, even most people, would have This attack was the fourth killing in enjoy reading them as much as I did. become disheartened and simply given up. a high school in the last six months by Mr. President, I ask unanimous con- But Bob Dole persevered, through more than sent that a copy of this speech be three years of arduous recovery and through a youth under the age of 16. Mr. Presi- a lifetime of difficulty and hardship which he dent, this killing must stop. printed in the RECORD following my handled with this customary humor and Last year, approximately 50% of all remarks. grace. No one ever worked harder, com- serious violent crimes were committed There being no objection, the mate- plained less or laughed more than Bob Dole. by teens against teens. Our nation’s rial was ordered to be printed in the And no one ever loved his country more or overall firearm-related death rate RECORD, as follows: had a better appreciation of the honor and among children was nearly 12 times Judge Keesley, Members of the County sacrifice of military service. higher than among children in the Council, other distinguished guests, and From the terrible trauma of his injuries, friends: Bob Dole fought back and won elective office other 25 industrialized countries com- What a joy, what an honor, to have the as county attorney, US Congressman, US bined. privilege of being a part of this ceremony. I Senator and Senate Majority Leader. He has This is an outrage. Mr. President, appreciate the opportunity you have given been his party’s nominee for Vice President these horrific crimes amply dem- me to come home, and to show my apprecia- and President. He even makes a pretty good onstrate that we have a responsibility tion, I promise not to afflict you with many VISA commercial! (Although his credit is to oppose the proliferation of violence words. not very good in that financial mega cen- and to stand fast against any effort to As one who spends all of my working hours in a courthouse building, I am honored to ter—Russell.) make firearms more freely available. Also, no hero does it alone, and Janet and say a few brief words in rededication of this I also want to pay tribute to a lady of grace, Does anyone still believe that it is pos- historic structure and what it has come to charm and accomplishment who is Bob’s sible to raise children in a society symbolize for our community. partner, friend and wife—Elizabeth Dole. where guns are so easily obtained? We Winston Churchill once said that the best Elizabeth, thank you for your service to cannot continue to protect our chil- measure of the quality of a society is the America. dren in such a world. quality of its justice.’’ America is distin- I had the privilege of serving with Bob We must come together as a society guished from other countries by the quality Dole in the legislative trenches of the U.S. and recommit ourselves to keeping of its law and how it is used by its people to expand liberty and opportunity. Our law rep- Senate for 18 years. And I can tell you he re- firearms out of the hands of children mained a warrior eager to take on a new bat- resents our national dreams, our system of tle every day. He is and always will be an and to guaranteeing that only those justice towards one another. American Hero of the highest order. people who know how to use guns re- The assumptions that we make every day, Thanks to people like Bob Dole who have sponsibly have access to them. We the security we take for granted, the social worked for a strong national defense, we are must expand programs to train compact that allows us to live together privileged to live in largely peaceful times gunowners in the proper use and stor- peacefully . . . these are the result of law. In where the sons of Bangor, Maine or Russell, age of their weapons. rededicating this building we rededicate our- Kansas are not being sent to fight and die on selves to the rule of law. Responsible gunowners have nothing Courthouse buildings, of course, represent distant battlefields. The privilege of these to fear from reasonable gun laws. We peaceful times is made possible by the sac- a symbol of permanence and the place where rifice of many thousands who have given must have reasonable gun laws that our laws are administered. It is here that our their bodies and their lives in the cause of will prevent tragedies like the one that citizens are summoned to become actively liberty. happened yesterday in that small com- involved in the public administration of jus- We do not pause often enough to give trib- munity in Oregon from ever happening tice—a privilege that citizens of most other ute to the silent white gravestones which dot again. The second amendment was countries do not enjoy. It is here that the cogs and gears of liberty function on a daily the hills of Arlington National Cemetery or never intended as a subterfuge for do- give thanks to the heroes who are still basis. mestic carnage. Our living constitution I have always thought that the rather non- among us. Today, as Secretary of Defense, it can respond to changes in our society makes me extremely proud for our Depart- descript term we use to describe these build- ment and our nation to pay tribute to a mod- which jeopardize our freedom from fear ings—‘‘courthouse’’—does not adequately est man of immodest talent—a person who and random violence by children. I convey the importance of the work that goes has defined heroism and courage for millions think it is appropriate for us to have on inside. The French use a more inspira- of Americans. that debate, given the importance to tional name: ‘‘Palace of Justice.’’ Regardless of the name by which it is The great American writer John Steinbeck our children, to their safety, to our lib- called, no one can deny the role that our once wrote that the best measure of one’s erty and freedom and safety in our courthouse, our ‘‘Palace of Justice’’ has time on this earth is the contribution each communities. played in the development of our county. We of us makes to the world around us. ‘‘There are all indebted to Chairman Monroe Kneece is,’’ Steinbeck wrote, ‘‘no other story. A f and the members of our county council man, after he has brushed off the dust and JUDGE JOE ANDERSON’S REDEDI- Betty Buter, Sam Speight, Daniel Bishop chips of his life, will have left only the hard CATION OF THE EDGEFIELD and Norman Dorn and County Administrator clean questions: Was it good or was it evil? COUNTY COURTHOUSE Wayne Adams for their foresight in recog- Have I done well—or ill?’’ nizing the renovations and improvements For Second Lieutenant Bob Dole—Army Mr. THURMOND. Mr. President, the that were needed. Their vision and hard Serial #17179287—Steinbeck’s question is not very foundation of our Nation lies in work have brought this historic structure up a hard one. He has done well—he has served the rule of law, and there is perhaps no to standards that will allow it to serve in the his nation with the highest distinction—he symbol more closely associated with next millennium and beyond, while at the has remained a man with fire in his heart. the process of justice than the court- same time preserving all the charm and his- And it is my highest privilege to award our tory that makes this building special for all highest civilian honor, the Department of house. Not only is the courthouse of us. This ceremony is, in part, a tribute to Defense Medal for Distinguished Public Serv- where justice is dispensed, but it is a their stewardship of one of the real crown ice, to Bob Dole. reminder to all citizens that the judiciary is the third branch of our system of jewels of our county. On occasions such as f this, we ask God’s blessing on their endeav- government. OREGON SCHOOL SHOOTINGS ors. Recently, the Edgefield County Today is one of those moments when we Ms. MOSELEY-BRAUN. Mr. Presi- Courthouse was rededicated, and Judge can pause, take a look at where we’ve been, dent, I would like to take a brief mo- Joe Anderson, of the South Carolina where we are, and where we might be headed.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5424 CONGRESSIONAL RECORD — SENATE May 22, 1998 Bettis Rainsford has chronicled for you the judgeships who have languished in the in January 1996. Twenty-eight months history of the Edgefield County Courthouse. Senate far too long. I welcome the latter, Judge Paez’s nomination re- There may not be many other courthouses in views of the Congressional Hispanic mains pending on the Senate calendar. America, certainly not in South Carolina, Caucus to the debate and I ask unani- Nor have we seen any progress with re- with a pedigree to match that of this building. I am certain that there is no courthouse mous consent that a copy of their let- spect to the nomination of Jorge Ran- anywhere with so many portraits of notable ter be printed in the RECORD at the gel to the Fifth Circuit or Anabelle leaders—statesmen, generals, lawyers and conclusion of my remarks. Rodriguez to the District Court for judges. I distinctly remember my first visit The PRESIDING OFFICER. Without Puerto Rico, although her nomination to this courthouse with my father. The por- objection, it is so ordered. was received in January 1996 almost 28 traits on the walls left a lasting impression (See Exhibit No. 1.) months ago. on me. I particularly remember my father Mr. LEAHY. I have spoken often, too For that matter, we have seen the singling out Senator STROM THURMOND, pic- often, about the crisis in the Second President’s nomination of the Judge tured on these walls when he was a young Circuit and our need for the Senate to James A. Beaty, Jr., the first African- Circuit Judge, as well as his father, John move forward to confirm the nominees William Thurmond, one of the most able law- American to the Fourth Circuit stalled yers our state has ever produced. pending on the Senate calendar to that for 29 months, since December 1995. But what does all this history mean to us important court. We have seen the attack on Judge as we are about to embark on a new century? Judge Sonia Sotomayor is a qualified Frederica Massiah-Jackson, who would As South Carolinians and, especially as nominee who was confirmed to the have been the first African-American Edgefieldians, we have a rich heritage. We United States District Court for the woman to serve on the Eastern District are each of us the sum total of generations of Southern District of New York in 1992 of Pennsylvania, but who was forced to growing, yearning, of planning and failing, of after being nominated by President withdraw. We have seen the nomina- building and destroying and building again. Bush. She attended Princeton Univer- This is an exciting time for Edgefield tion of Clarence Sundram held up since County. Our area is growing, our young peo- sity and Yale Law School. She worked September 1995, almost 32 months. ple have a place to come back to, our schools for over four years in the New York With the delays in the Senate consid- are moving ahead, industry is recognizing District Attorney’s Office as an Assist- eration of Margaret Morrow and Mar- the virtues of small town life and good work ant District Attorney and was in pri- garet McKeown earlier this year, we ethic that goes with it. Edgefield County is vate practice with Pavia & Harcourt in had the opportunity to consider why it on the move. New York. She is strongly supported by is that the Senate takes so much This building is a monument to the hands, Senator MOYNIHAN and Senator longer to consider and confirm so many hearts and minds of our forebearers. Not just D’AMATO. She is a source of pride to the dignitaries on these walls—not just the woman nominees. That question has statesmen, the generals, the lawyers and the Puerto Rican and other Hispanic sup- yet to be answered adequately. judges—but also the public servants behind porters and to women. When confirmed Margaret Morrow was targeted by the scenes, like Miss Martha Rich, the mer- she will be only the second woman and some and debate on her nomination chants, the ministers, the school teachers, second judge of Puerto Rican descent was delayed for more than a year. She the sharecroppers, the industrialists, the art- to serve on the Second Circuit. was first nominated in May 1996 and ists and the artisans who have gone before us By a vote of 16 to 2, the Judiciary was not voted on for 21 months. When to help make this corner of God’s earth a Committee reported the nomination of we finally got a vote, she was con- special place in our hearts. Judge Sonia Sotomayor to the Senate. firmed by a vote of more than two to Thank you again for inviting me. That was on March 5, 1998, over two one. Margaret Morrow was the first f months ago. No action has been taken and only woman to serve as the Presi- OPERATION GRADUATION or scheduled on that nomination and dent of the California State Bar. The WEEKEND no explanation for the delay has been ABA gave her its highest rating. She forthcoming. This is the oldest judicial had strong bipartisan support. She was Mr. ASHCROFT. Mr. President, Oper- nomination pending on the Senate Ex- held up for a judicial emergency va- ation Graduation is a six-state cam- ecutive Calendar. In spite of an April 8 cancy for many months without cause paign devoted to the safety of high letter to the Senate Republican Leader of justification. school seniors on graduation night. signed by all six Senators from the Nor was Margaret Morrow an iso- The campaign is designed to fund alco- three States forming the Second Cir- lated case. Consider the nomination of hol-free/drug-free graduation parties cuit urging prompt action, this nomi- Judge Ann Aiken to the District Court that are safe, memorable, and fun. nation continues to be stalled by anon- in Oregon. That nomination was re- In an effort to encourage high ymous objections. Our bipartisan letter ceived in November 1995 but not consid- schools to hold alcohol-free/drug-free to the Majority Leader asked that he ered by the Senate until January 1998, graduation parties, local cable systems call up for prompt consideration by the 26 months later. She, too, was con- in the Midwest are donating money to Senate of the nomination of Judge firmed by a vote of more than two to corresponding area high schools. This Sonia Sotomayor. That was over one one. project also provides high schools with month ago. I request unanimous con- Then we had the case of Margaret information kits containing an Oper- sent that a copy of that letter be in- McKeown who was nominated to a va- ation Graduation How-to-Guide, pam- cluded in the record at the conclusion cancy on the Ninth Circuit in March phlets, and brochures on the dangers of of my remarks. 1996 but not considered until two years drunk driving, and other resources for Nor is Judge Sotomayor the only later in March 1998. When she received promoting Operation Graduation. woman or minority judicial nominee a Senate vote, she was confirmed by a Together, local cable system employ- who has been needlessly delayed. In- vote of 80 to 11. ees in Missouri are fighting to stop deed, if one considers those nominees We still have Susan Oki Mollway needless deaths on our roads and high- who have taken the longest to confirm pending before the Senate without a ways that result from reckless behav- this year, we find a disturbing pattern. vote although she was first nominated ior on graduation night. Hilda Tagle, the only Hispanic back in December 1995 for the vacancy I would like to commend all the peo- woman the Senate has confirmed this on the District Court in Hawaii—that ple working to make the weekend of year, took 32 months to be confirmed was more than 29 months ago and still May 29, 1998, ‘‘Operation Graduation as a District Court Judge for the she is without a vote. Weekend.’’ Southern District of Texas—that was In his annual report on the judiciary f over two and one-half years. As I have last year, the Chief Justice of the noted, Judge Sotomayor’s nomination United States Supreme Court observed: JUDICIAL NOMINATIONS to the Second Circuit is the longest ‘‘Some current nominees have been Mr. LEAHY. Mr. President, yester- pending on the Senate calendar, an- waiting a considerable time for a Sen- day, XAVIER BECERRA, JOSE´ E. SERRANO other qualified Hispanic woman nomi- ate Judiciary Committee vote or a and the Congressional Hispanic Caucus nee. Judge Richard Paez, currently a final floor vote. The Senate confirmed called upon the Republican leadership District Court Judge and a nominee to only 17 judges in 1996 and 36 in 1997, to vote upon the Latino nominees to the Ninth Circuit, was first nominated well under the 101 judges it confirmed

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5425 in 1994.’’ He went on to note: ‘‘The Sen- of all Federal judges. We urge your prompt and my prayers are with the injured, ate is surely under no obligation to and favorable action in confirming judicial and with the families of all the victims confirm any particular nominee, but candidates. in the Springfield community. I know after the necessary time for inquiry it Sincerely, that every parent or grandparent who XAVIER BECERRA. should vote him up or vote him down.’’ JOSE´ E. SERRANO. sends a child to school shares the grief For some unexplained reason, judi- of the Springfield families. f cial nominees who are women or racial This kind of tragedy has become far or ethnic minorities seem to take the TRIBUTE TO MS. ROSELLA too common. It was only two months longest. Of the 10 judicial nominees SCHNAKENBERG ago that we were shocked by the vio- whose nominations have been pending Mr. ASHCROFT. Mr. President, I rise lence and horror of the schoolyard the longest before the Senate, eight are today to recognize Ms. Rosella shooting in Jonesboro, Arkansas. women and racial or ethnic minority Schnakenberg, a woman who has Every day, it seems, we are assailed by candidates. A ninth has been delayed in served her friends and fellow Missou- new stories of senseless crimes com- large measure because of opposition to rians for more than 50 years. Although mitted by juveniles who should be too his mother, who already serves as a this service has transcended occupa- young to be capable of such acts. judge. The tenth is one who blew the tional boundaries, the most prominent lid off the $1.4 milllion right-wing cam- Our juvenile crime problem has way Ms. Schnakenberg, a lifelong resi- paign to ‘‘kill’’ Clinton judicial nomi- taken a new and sinister direction. I dent of the Cole Camp community, has nees. can imagine few acts more heinous Pending on the Senate calendar, hav- benefitted her fellow citizens has been than some of the crimes recently coming been passed over again and again, to hold a pivotal role at the First Com- mitted by juveniles around the coun- are Judge Sonia Sotomayor, Judge munity Bank in Ionia, Missouri. try. We seem now to be in a new era, in Richard Paez and Susan Oki Mollway. During her time as an employee of which juveniles are committing sophis- Ronnie White has now finally been re- First Community Bank, Ms. ticated adult crimes. This disturbing ported, as well. Held up in Committee Schnakenberg has helped customers trend demonstrates the need to reform after two hearings is Clarence open accounts, fill out and process loan the juvenile justice system that is fail- Sundram. Still without a hearing are applications, save for the future, bal- ing the victims of juvenile crime, fail- Anabelle Rodriquez, Judge James A. ance checkbooks, and cash pay checks. ing too many of our young people, and Beaty, Jr., and Jorge C. Rangel. What In addition to this long list of respon- ultimately, failing society. sibilities, what is remarkable about all these nominees have in common is The Senate has before it comprehen- this versatile employee is that she per- that they are either women or mem- sive youth violence legislation. S. 10, forms her duties with enthusiasm and bers of racial or ethnic minorities. the Hatch-Sessions Violent and Repeat concern. That attitude has helped pro- That is a shame. Juvenile Offender Act, reported out of pel Ms. Schnakenberg from a teller EXHIBIT NO. 1 the Judiciary Committee last year on who earned $75 a month to a Vice bipartisan vote. The goal of S. 10 is to CONGRESS OF THE UNITED STATES, President and Facility Manager, over- HOUSE OF REPRESENTATIVES, reform and redirect the role played by seeing day-to-day operations of the Washington, DC, May 21, 1998. the federal government in addressing bank. During her lengthy tenure, she Hon. TRENT LOTT, juvenile crime in our Nation. Senate Majority Leader, Russell Office Build- has observed the bank change and grow ing, Washington, DC. from an establishment that applied for Responding to the testimony and ad- Hon. ORRIN G. HATCH, deposits by hand and lacked indoor vice of many state and local officials, Chairman, Senate Judiciary Committee, Russell plumbing to an institution that func- S. 10 reauthorizes and streamlines the Office Building, Washington, DC. tions and flourishes in the modern Juvenile Justice and Delinquency Pre- Hon. FRED THOMPSON, world. vention Act (JJDPA), which provides Chairman, Senate Government Affairs Com- First Community Bank has not only assistance to the states in fighting ju- mittee, Dirksen Office Building, Wash- venile crime. S. 10 also creates a $500 ington, DC. prospered economically, under Ms. DEAR MR. LEADER AND MR. CHAIRMAN: As Schnakenberg’s leadership, it has also million per year incentive block grant Members of the Congressional Hispanic Cau- benefitted from her research and re- program for the states. These block cus (CHC), we are writing to express our cording of the bank’s colorful history. grants can be used for a multitude of grave concern with the lack of progress and That history includes a Depression-era purposes, such as incarceration, grad- consideration of judicial nominees before the incident when one of the bank man- uated sanctions, serious and habitual Senate. In particular, we are profoundly dis- agers had cashiers band a high-value offender programs, juvenile criminal tressed that several of those nominees are bill on both sides of the $1 bill stacks. record sharing, drug testing and treat- highly qualified individuals of Latino de- ment of juvenile arrestees, and numer- scent. While this Congress has seen a slow- Mrs. Schnakenberg has also touched down in the confirmation process it is nota- the lives of the people around her ous prevention programs. ble that Latino judicial nominees have been through the unselfish distribution of In the face of tragedies such as the subjected to inexplicable delays. her time, such as serving in commu- Springfield and Jonesboro murders, it Of the Federal judges confirmed in the nity activities, visiting friends in nurs- is tempting to look for easy answers. I 105th Congress (1997 and 1998), only 2 have ing homes, and playing the organ at St. do not believe that we should succumb been Latinos. At present, there are a number John’s Lutheran Church services. of Latinos with strong judicial and academic to this temptation. We are faced, I be- qualifications pending Senate judicial con- To honor Ms. Schnakenberg, First lieve, with a problem which cannot be firmation. Yet, several Latino judicial nomi- Community Bank hosted a reception in solved solely by the enactment of new nees have languished unjustifiably in the her honor on Sunday, March 22, 1998, in criminal prohibitions. It is at its core a Senate for over two years and only two of Ionia, Missouri. It is an honor for me moral problem. Somehow, in this case the candidates have been reported out of to recognize such a fine Missourian and and too many others like it, we have committee. to serve her in the U.S. Senate. failed as a society to pass along to the The delay in the confirmation process results in significantly higher caseloads for ex- f next generation the moral compass that differentiates right from wrong. isting Federal judges, and a system that THE SCHOOL TRAGEDY IN guarantees frustration for those who utilize This cannot be legislated. It will not be it. Already, and Second Circuit has been de- SPRINGFIELD, OREGON restored by the enactment of a new law clared a ‘‘judicial emergency’’—the circuit Mr. HATCH. Mr. President, we were or the implementation of a new pro- has seats that have been vacant for more all shocked and saddened by the tragic gram. But it can be achieved by com- than 18 months. Overburdened judges and a shooting incident at the Thurston High munities working together to teach ac- slowdown of court proceedings undermine School in Springfield, Oregon. I lis- countability by example and by early faith in our judicial system and our democracy as a whole. tened with sympathy this morning to intervention when the signs clearly Inaction by the Senate is contributing to my colleagues from Oregon, and share point to violent and antisocial behav- the underrepresentation of Latinos on the their sentiments. My heart goes out to ior, as seems to be the case in some of Federal bench. Latinos make up less than 5% the victims of this horrendous crime, these tragedies.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5426 CONGRESSIONAL RECORD — SENATE May 22, 1998 S. 10 provides the framework to ad- Presidents since President JOHNSON Sonia Sotomayor to the Second Circuit dress the modest federal role in this ef- and being told that the only answer to to fill a longstanding vacancy. That fort. We should not let politics over- annual budget deficits was to pass an nomination remains stalled on the Sen- whelm this issue. I believe that this ill-conceived constitutional amend- ate calendar. Before the last recess I legislation must move forward. This ment whose terms and effects could not introduced legislation calling upon the will require us to work together. It will be explained. I defended the Constitu- Senate to address this kind of judicial also require leadership from the Ad- tion then and this year President Clin- emergency before it takes another ex- ministration. In the ten months since ton sent us the first balanced budget in tended recess. The Senate has pending this legislation was ordered reported almost 30 years. before it four outstanding nominees to from the Judiciary Committee, we With the cooperation of the Repub- the Second Circuit whose confirma- have heard no productive comment lican leadership in the Congress we can tions would end this crisis. from the Administration on the bill. enact the first balanced budget since Unfortunately Republican Senate The President must show leadership on 1969, and we will have done it without leadership has not taken the judicial this, and support S. 10. Otherwise, I am inserting a fiscal straightjacket into vacancies crisis seriously and has afraid that another year will pass with- the text of the United States Constitu- failed to take the concerted action out our having taken action on this tion. They said it could not be done, needed to end it. They continue to per- critically important issue. but it can and will as a result of the petuate vacancies in almost one in 10 I also ask my colleagues to join me sound fiscal policies of this Adminis- federal judgeships. in this effort, and to join me in extend- tration which have lead not only to With 11 nominees on the Senate cal- ing the sympathy of the Senate to the balance but to the prospect of budget endar and 32 pending in Committee, we families and victims, to the commu- surplus. In 1993, a Democratic Congress could be making a difference if we nity of Springfield, and the State of Or- put us on the right road to fiscal re- would take our responsibilities to the egon. sponsibility when we took the hard federal courts seriously and devote the f votes and passed the President’s plan. time necessary to consider these nomi- Congress should culminate that ex- nations and confirm them. Instead, we THE WORK OF THE SENATE traordinary 5-year effort without fur- are having hearings at a rate of one a Mr. LEAHY. Mr. President, this week ther delay. month, barely keeping up with attri- we conclude another work period by Completing action on the budget is tion and hardly making a dent in the disappointing the American people. We the first step toward Congress taking vacancies crisis that the Chief Justice recess, again, without concluding the action on the annual appropriations of the United States has called the people’s business and passing a strong bills that are so important to the gov- most serious problem confronting the tobacco bill. Tobacco legislation is now ernment programs that protect the en- judiciary. added to the litany of important mat- vironment and assist State and local We began this legislative year pre- ters the Congress has left unfinished. governments with education and law pared finally to make progress on Last month, the Congress adjourned enforcement. Republican Congressional issues like campaign finance reform, without even completing the federal leadership is well-known for shutting tobacco legislation and juvenile crime budget and this month we recess, down the government by not com- legislation. Republican leadership has again, without concluding even that pleting work on these basic measures lead to inaction on all three. basic action. in a timely way. On the issue of campaign finance re- Most Americans think of April 15 as Those contracting with the govern- form, Democrats and some notable Re- the day that they file their tax returns ment, working in partnership with gov- publicans have been prepared to attack and pay their taxes, and most Ameri- ernment services and those dependent the soft money that so pervades the cans dutifully collect their financial on government services deserve better. current system. Rather than close the records and go through the sometimes Americans deserve piece of mind and loopholes and correct the system, the arduous task of preparing their tax re- the assurances that their government Republican leadership has chosen to turns. I hope that next year and in the is working. Congress needs to complete close the debate and perpetuate the years ahead that task will be made a its appropriations so that the agencies status quo. little easier by legislation I have spon- and service providers can plan pro- On tobacco legislation, we have an sored to require the IRS to post infor- grams, pay staff and work with the important opportunity to make real mation and forms on the Internet, American public in an effective man- progress. Now that the courts have along with regulations and rulings. ner. moved to disclose the secret documents Well, April 15 was also the legal dead- It is high time for the congressional from the industry’s efforts to hide the line for Congress to have passed a leadership to do its job and for the Con- nature of nicotine addiction and their budget resolution. While the Senate did gress to get on about the business of marketing efforts to children, now that some preliminary work on a flawed governing. the tobacco companies’ lobbying stran- proposal earlier this year, Congress is Congress should not be taking breaks glehold on Congress has been loosened, recessing, again, without completing without having completed the work of and now that we have demonstrated this fundamental task—another duty the people. Such callous disregard for that the majority of the Senate agrees ignored, another legal requirement vio- the needs of the American people has with Senator GREGG and me that we lated. become too much the rule as year after need not grant special legal protections I hope that as Congress returns from year under Republican leadership Con- to tobacco companies in order to enact its Memorial Day break it will com- gress recesses without having com- legislation that can make a difference, plete work on a balanced budget to pleted its work on emergency it is time for the Senate to move for- serve the American people without ad- supplementals, budgets, and appropria- ward. We should be passing strong to- ditional delay. It should be balanced in tions bills. bacco legislation. two senses: It should be a balanced se- The Senate has also failed to take ac- Since the first week of the year I ries of proposals to meet the health, tion to end the judicial emergency in have been urging attention to the mat- education, environmental and law en- the United States Court of Appeals for ter of juvenile crime. When the Judici- forcement needs of the country. And it the Second Circuit. On March 25, the ary Committee reported a misguided will also, for the first time in almost five continuing vacancies on the 13- bill last year, I noted the improve- three decades, be a balanced budget member court caused Chief Judge ments that had been made in the Com- that will not rely on deficit financing. Ralph Winter to certify a Circuit emer- mittee’s consideration and the aspects I recall all too well last year when we gency, to begin canceling hearings and that needed to change for us to develop were told that we could never achieve a to take the unprecedented step of hav- a legislative consensus that could help balanced budget without a constitu- ing 3-judge panels convened that in- State and local law enforcement in the tional amendment. I recall the stacks clude only one Second Circuit judge. battle against juvenile crime. of deficit-laden federal budgets pro- I have been urging favorable Senate We have heard for months this would posed by Republican and Democratic action on the nomination of Judge be a priority this Congress. Instead of

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5427 reaching across the aisle and working ‘‘should.’’ It makes compliance with es- of the independent counsel is defined with to develop a consensus, some have lim- tablished Justice Department policies reference to the facts submitted by the At- ited themselves to Republican-only mandatory, not discretionary, for torney General, and once a counsel is ap- Dear Colleague letters and seeking to pointed, the Act requires that the counsel every independent counsel. The only abide by Justice Department policy unless it pick off a few Democratic allies. Juve- exception to this rule is where compli- is not ‘possible’ to do so. nile crime should not be a Republican ance with Departmental policies would The Court then went on to say, in or Democratic issue. There are things be ‘‘inconsistent with the purposes of language directly relevant to this we can do to assist State and local law the statute’’ such as, for example, com- issue: ‘‘Notwithstanding the fact that enforcement without partisanship and pliance with a policy requiring the per- the counsel is to some degree ‘inde- by consensus. mission of the Attorney General to Afterschool programs and crime pre- pendent’ and free from executive super- take a specific act. Barring this excep- vision to a greater extent than other vention programs should be central to tion, the law’s clear general rule is those efforts. I hope that the Senate federal prosecutors, in our view these that independent counsels must com- features of the Act give the Executive Republican leadership will join in a ply with established Justice Depart- truly bipartisan effort. Branch sufficient control over the inde- ment policies. pendent counsel to ensure the Presi- We still face the same problems and This provision in the law is an impor- challenges with which we began the dent is able to perform his constitu- tant one. It is a key constraint to en- tionally assigned duties.’’ year. We need to make progress on sure that persons who are subject to encryption policy and we need to pro- The Supreme Court thus highlighted independent counsel investigations re- four ‘‘features’’ of the independent mote personal privacy in the electronic ceive the same treatment as ordinary age. counsel law which enable the Attorney citizens—no better and no worse. It is a General to meet the constitutional re- Given the lack of attention to con- key safeguard against an overly zeal- gressional responsibilities and the real quirement that the President, as head ous prosecutor. problems of working families in the of the executive branch, ensure the The Senate felt so strongly about faithful execution of the law. The four first half of this session, I fear what this requirement that, during the law’s the remainder of this year may hold. features identified by the Court are the 1994 reauthorization, the Senate ap- I expect the Republican leadership Attorney General’s sole authority to proved an amendment by Senator Bob will find time for some carefully request appointment of an independent choreographed media efforts and will Dole emphasizing that failure to follow counsel, her authority to remove an make time for more personal attacks Justice Department policies con- independent counsel from office for against the President and the First stitutes ‘‘cause’’ for removing an inde- good cause, her authority to define the Lady. In an election year, I will not be pendent counsel from office. The final scope of an independent counsel’s in- surprised if they look to rewrite the conference report on the law, while vestigation, and the requirement that Constitution of the United States omitting the Senate provision as accu- independent counsels must abide by through a series of popular-sounding rate but too limiting, said, ‘‘refusal to Justice Department policy. amendments. follow important Department guide- Mandatory compliance with Justice I hope that the Republican majority lines . . .—like many other cir- Department policies is important not will find the time to make progress on cumstances—do provide potential only for the law to be constitutional, the legislative agenda that can make a grounds for removing an independent but also because that compliance is one difference in the lives of American peo- counsel from office.’’ of the few practical constraints on the ple and lead to economic opportunity Independent counsel compliance with conduct of an independent counsel. The in the coming century. Justice Department policies was im- Supreme Court has held that the spe- portant to the Supreme Court. In the cial court which appoints independent f key decision upholding the inde- counsels ‘‘has no power to supervise or INDEPENDENT COUNSELS AREN’T pendent counsel law, Morrison v. control the activities of the counsel’’ it ABOVE THE LAW, EITHER Olson, the Supreme Court referred to has appointed. Congress, legally em- Mr. LEVIN. Mr. President, about one the requirement as one of the keys to powered to oversee independent coun- year from now, in June 1999, the inde- the law’s constitutionality. The Court sels, has shown little interest under pendent counsel law is due to expire did so when determining whether the the current Republican leadership in unless Congress acts to renew it. In the independent counsel law, ‘‘taken as a monitoring independent counsels in- Senate, the Governmental Affairs Com- whole, violates the principle of separa- vestigating the Clinton Administra- mittee, of which I am a member, is re- tion of powers by unduly interfering tion. sponsible for examining whether the with the role of the Executive Branch,’’ The law does empower the Attorney independent counsel law ought to be in particular the Constitutional re- General to remove an independent reauthorized. I rise today because, as quirement that the President, as head counsel from office for good cause, but I’ve begun to look at the reauthoriza- of the executive branch, ensure that that draconian penalty is not a prac- tion issues, one stands out as central to the laws be faithfully executed. The tical one and has never been used. For the law, central to the question of re- Supreme Court stated: example, if Attorney General Reno authorization, and central to the issue It is undeniable that the Act reduces the were to fire independent counsel Starr of whether the independent counsel law amount of control or supervision that the for enforcing subpoenas served on Se- is a tool of fairness or a weapon of poli- Attorney General and, through him, the cret Service personnel, the Republican tics. President exercises over the investigation Congress as well as the news media In a recent Law Day speech, inde- and prosecution of a certain class of alleged would have her head. The power to ter- pendent counsel Kenneth Starr pro- criminal activity. . . . Nonetheless, the Act minate an independent counsel, while claimed that, ‘‘No one is above the does give the Attorney General several an essential element in the law’s archi- means of supervising or controlling the pros- law.’’ He is correct. No one is above the ecutorial powers that may be wielded by an tecture for purposes of constitu- law—certainly not the President, who independent counsel. Most importantly, the tionality, is simply not, except for un- was the focus of Starr’s remarks, but Attorney General retains the power to re- usual circumstances, a practical means equally so, not an independent counsel. move the counsel for ‘good cause,’ a power for limiting an independent counsel’s The question I want to discuss today that we have already concluded provides the individual prosecutorial decisions. is whether independent counsels are Executive with substantial ability to ensure That means a key remaining con- themselves complying with the law, in that the laws are ‘faithfully executed’ by an straint on independent counsels is the particular a provision at 28 U.S.C. independent counsel. No independent counsel legal requirement that they comply 594(f)(1), which states that independent may be appointed without a specific request with established Justice Department by the Attorney General, and the Attorney counsels ‘‘shall’’ comply with the General’s decision not to request appoint- policies. ‘‘written or other established policies ment if he finds ‘no reasonable grounds to Yet questions have increasingly aris- of the Department of Justice.’’ believe that further investigation is war- en about whether sitting independent This is a straightforward provision. ranted’ is committed to his unreviewable counsels are acting in ways that an or- The law says ‘‘shall,’’ not ‘‘may,’’ not discretion. . . . In addition, the jurisdiction dinary federal prosecutor would, or

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5428 CONGRESSIONAL RECORD — SENATE May 22, 1998 whether they are taking actions out- is a suitable position for the United the First Amendment, the presiding side the established practices of the States to take. judge required Starr to provide addi- Department of Justice. And the prosecutorial stretch illus- tional justification for the subpoenas. A prime example is an independent trated by the issuance of the Foster The American Booksellers Foundation counsel subpoena so troubling that the subpoena is not the only instance in for Free Expression has stated that ‘‘in Supreme Court has agreed to review it which an independent counsel appears the long experience’’ of their members, on an expedited basis next month. This to have stretched his authority. Just these subpoenas are ‘‘unprecedented’’ subpoena was served by independent last week, over the strenuous objection in their breadth and ‘‘threaten free counsel Starr on a private attorney of the Justice Department and for the speech by making people afraid that who, in 1993, met with Vincent Foster first time in the nation’s history, Starr the government will find out what they nine days before his suicide to discuss asked a federal court to force Secret are reading.’’ representing him during inquiries into Service personnel to disclose how they Then there are the subpoenas Starr the White House travel office. The operate and what they have observed of has issued to news organizations to ob- Starr subpoena demands the notes the President in the course of pro- tain nonpublic information from their taken by the attorney during that tecting him. No federal prosecutor has news gathering efforts. Long-standing meeting, on the ground that the attor- ever before asked a court to compel Justice Department regulations cau- ney-client relationship dissolved upon such testimony from a Secret Service tion federal prosecutors against such Mr. Foster’s death. agent, according to the Justice Depart- subpoenas in order to safeguard free- The U.S. Attorney Manual states ment. dom of the press. The regulations re- that the Justice Department, ‘‘as a But Starr is undeterred by the oppo- quire trying elsewhere for the informa- matter of policy will respect bona fide sition of both the Justice Department tion, negotiating requests for informa- attorney-client relationships, wherever and Secret Service. Discounting argu- tion first, and, in a final provision that possible, consistent with its law en- ments regarding the safety of the presi- a court has found falls within the ex- forcement responsibilities and duties.’’ dency and effective operation of Secret ception to the compliance requirement, But instead of respecting the bona fide Service personnel, Starr has assumed obtaining the Attorney General’s per- attorney-client relationship between the role of policymaker. In so doing, he mission prior to issuing a subpoena. Mr. Foster and his attorney, Starr as- has issued subpoenas which are not Despite the established policy discour- serted a legal position that the Justice only unprecedented, but also, judging aging media subpoenas, independent counsel Starr and independent counsel Department—in over one hundred from the opposition of the Justice De- Donald Smaltz have issued subpoenas years of criminal prosecution—has partment, in violation of Justice De- to news organizations on several occa- never taken. As Starr admits in a Su- partment policy and in violation of Mr. sions. When ABC News objected to one preme Court filing, the Foster case ‘‘is Starr’s obligation to comply with Jus- such subpoena, Starr stated in a court the first federal decision addressing the tice Department policy. pleading that the Justice regulations question . . . of whether attorney-cli- There’s more. The Department of ‘‘do not govern an Independent Coun- ent privilege fully survives the client’s Justice has carefully constructed poli- sel, who, by statutory design, operates death.’’ cies determining when government at- for the most part outside the Depart- A federal trial judge asked to enforce torneys may contact possible targets of ment of Justice.’’ the Starr subpoena struck it down for prosecution without the knowledge and Then there are the subpoenas Starr consent of their attorney. These poli- violating attorney-client confiden- issued calling a White House aide be- cies are intended to protect every citi- tiality, but an appeals court, in a 2–1 fore the grand jury to question him zen’s right to legal counsel in the decision over a strong dissent, re- about his communications with the criminal justice arena. In a Depart- versed. The dissenting judge wrote that media and calling another White House mental regulation, 28 CFR 77.8, the the Starr subpoena is contrary to the aide before the grand jury to question Justice Department explicitly pro- law in all 50 states, the Supreme him about his communications with hibits federal prosecutors from offering Court’s advisory committee, and model his local Democratic party. In both an immunity deal to a target without codes of evidence. He characterized the cases, Starr created the appearance of Starr subpoena as striking ‘‘a funda- the consent of the target’s legal coun- using the grand jury to silence or in- mental blow to the attorney-client sel. Yet independent counsel Starr’s timidate critics of his office—surely privilege.’’ An independent counsel staff reportedly confronted Monica not an established practice of the Jus- stretching that far is assuming the au- Lewinsky, in the first contact they had tice Department. thority of the Justice Department to with her, at a shopping mall outside Then there is the subpoena to Monica set legal policy for the United States. the presence of her counsel for the ex- Lewinsky’s mother despite a stated Required compliance with Depart- press purpose of offering her an immu- policy in the U.S. Attorneys’ Manual mental policies not only helps ensure nity deal. Indeed, it has been alleged that, ‘‘the Department will ordinarily that persons who are subjects of inde- that the independent counsel’s office avoid seeking to compel the testimony pendent counsel investigations receive made the immunity deal contingent of a witness who is a close family rel- the same treatment as ordinary citi- upon her NOT contacting her counsel. ative of . . . the person upon whose zens, but also guards against an inde- The press has reported that the judge conduct grand jury scrutiny is focus- pendent counsel’s misuse of the author- supervising independent counsel ing.’’ ity to represent the United States. De- Starr’s grand jury proceedings issued a The list goes on. veloping federal legal policy is the sealed opinion expressing concern The key question, here, is whether province of the Justice Department, about the actions of the independent the actions taken by Starr were in which is institutionally motivated and counsel in this matter and indicating compliance with established Justice equipped to consider competing public she may refer the matter to the Justice Department policies or whether they policies, constitutional values, and the Department’s Office of Professional Re- were actions that no ordinary federal long-term health of the American legal sponsibility which is authorized to ex- prosecutor would take. The test, by the system. It is not the province of an amine alleged violations of the rules way, is not whether a judge would up- independent counsel who has a narrow prohibiting contact with a represented hold the action in a court of law—pros- mandate and operates without ac- person. ecutorial conduct not in accordance countability for legal positions that There’s more. Independent counsel with Justice policies may still be legal. may reverberate throughout the fed- Starr issued subpoenas to force two The proper test is not whether the eral criminal justice system. bookstores to disclose all purchases by prosecutor’s action is legal, but wheth- Yet in the Foster matter, we have an Monica Lewinsky over a 2 year period. er it is the type of action that the Jus- independent counsel arguing a dra- The bookstores, supported by the pub- tice Department has determined rep- matically new position, that the attor- lishing and bookselling communities, resents what federal prosecutors ought ney-client privilege disappears at the American Library Association and to be doing. death, without the Justice Depart- others, moved to quash the subpoenas. A federal prosecutor may be legally ment’s ever determining whether that Ruling that the subpoenas implicate able to subpoena a target’s mother, but

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5429 should he? A federal prosecutor may be the Department of Justice, with no permis- and, if so, to take whatever action is legally able to subpoena a Secret Serv- sible variance in prosecutorial discretion, appropriate to obtain independent ice agent, but should he? A federal then the need for the Independent Counsel counsel compliance. In light of court prosecutor may be legally able to offer structure becomes highly questionable. . . . rulings that persons who are the vic- For the Independent Counsel to play a mean- immunity to a target without telling ingful role, he or she is necessarily expected tims of independent counsel non- her attorney, but should he? A federal to act in a manner different from, and some- compliance lack standing to contest prosecutor may be legally able to sub- times at odds with, the Department of Jus- the independent counsel’s actions in poena the media’s nonpublic informa- tice. . . . Therefore, the Independent Counsel this area, no one other than the Attor- tion, but should he? Justice Depart- may prosecute this case, even if said pros- ney General has the responsibility and ment policy says, in most cases, he ecution is contrary to the general prosecu- the capability to enforce independent should not. Such policies raise serious torial policies of DOJ. . . . Potential crimi- counsel compliance with the law. questions as to whether independent nal ethical violations that may be too small If the Attorney General does not act, to concern the Department of Justice are we need to understand why. If the rea- counsel Starr is meeting his legal obli- nonetheless properly within the purview of gation to comply with Justice Depart- the Independent Counsel because the Inde- son is that the Attorney General feels ment policies. pendent Counsel is, in a sense, charged with she has insufficient statutory author- Starr is not, by the way, the only the responsibility of ensuring that public of- ity to obtain independent counsel com- independent counsel to raise these con- ficials have maintained the highest stand- pliance with Justice Department poli- cerns. Independent counsel Smaltz, ap- ards of ethical conduct. cies, we need to clarify the statute. If pointed to determine whether then-Ag- The court then upheld the indictment the reason is not the wording of the riculture Secretary Mike Espy violated of Blackley, ruling that it was irrele- law, but politics that makes it impos- criminal laws, is another example. One vant whether or not the charge in ques- sible for the Attorney General to insist key issue in this area involves the role tion complied with Justice Department on compliance, we need to design new that courts play in enforcing inde- policy. enforcement mechanisms which are pendent counsel compliance with Jus- Contrary to the court’s ruling, how- more politically feasible. Stronger en- tice Department policies, as mandated ever, Congress has never charged inde- forcement mechanisms could include, by statute. To date, several courts pendent counsels with ethics enforce- for example, amending the law to re- have held that criminal defendants ment. Independent counsels are federal quire an independent counsel to obtain lack standing to enforce such compli- prosecutors required to act in accord- from the Attorney General a certifi- ance and have declined to examine the ance with established Justice Depart- cation of compliance with Justice De- substance of their claims. One judge ment policies. The Blackley decision partment policies before seeking court handling a prosecution by independent misreads both the law and the legisla- enforcement of a subpoena or filing an counsel Smaltz went further, all but tive history, not only by expanding the appeal of a question of law, or adding a reading the requirement to comply mission of independent counsels be- provision giving affected persons legal with Justice Department policies out yond criminal law into ethics enforce- standing in court to force independent of the law. ment, but also in essentially reading counsel compliance with Justice De- The case involved Ronald Blackley, out of the statute the requirement that partment policies. one time chief of staff to Secretary independent counsels comply with Jus- The requirement for compliance with Espy. Independent counsel Smaltz tice Department policies. Justice Department policies is central charged Blackley, among other crimes, The Blackley decision is now on ap- to the law’s constitutionality and fair- with making false statements on a fi- peal. It brings legal focus to the issue ness. The Attorney General and the At- nancial disclosure form. Blackley of independent counsel compliance torney General alone can enforce it. moved for dismissal, in part by citing with established Justice Department Since an independent counsel is not section 9–85A.304 of the U.S. Attorneys’ policies—its importance to the law and above the law, the Attorney General Manual which he said prohibited: the question of how to enforce it. must enforce Section 594(f), which is prosecuting alleged violations of financial The Supreme Court stated the fol- the law of the land and essential to the disclosure requirements under 18 U.S.C. 1001 lowing in a 1935 case about prosecu- independent counsel law’s constitu- ‘‘unless a nondisclosure conceals significant torial misconduct, Berger v. United tionality and purpose. wrongdoing.’’ . . . [T]here is no allegation of States, 295 U.S. 78: f any underlying wrongdoing. . . . We have The United States Attorney is the rep- found no case where an individual filer has ISRAELI MEMBERSHIP IN A resentative not of an ordinary party to a been criminally prosecuted in a situation controversy, but of a sovereignty whose obli- UNITED NATIONS REGIONAL similar to this one. gation to govern impartially is as compel- GROUP In a published decision, United States v. ling as its obligation to govern at all; and Mr. MOYNIHAN. Mr. President, Blackley, 986 F. Supp. 607 (1997), the whose interest, therefore, in a criminal pros- today a unanimous Senate will state in judge held the following: ecution is not that it shall win a case, but clear and simple terms that we will no It undeniable that Congress’s addition of that justice shall be done. . . . He may pros- longer abide by the discrimination ecute with earnestness and vigor—indeed, he section 594(f) to the Independent Counsel faced by Israel at the United Nations. I statute in 1982 created somewhat of a par- should do so. But, while he may strike hard adox between that provision’s purpose and blows, he is not at liberty to strike foul ones. speak of the fact that Israel is excluded the rationale underlying the overall Inde- It is as much his duty to refrain from im- from a United Nations regional group. pendent Counsel framework. On the one proper methods calculated to produce a Israel is the only one of the 185 member hand, through section 594(f)(1), Congress is wrongful conviction as it is to use every le- states of the United Nations barred ensuring that there are not two different gitimate means to bring about a just one. from membership in a regional group. standards of justice depending on the pros- This language applies with equal force The United Nations member states ecutor; that ‘‘treatment of officials is equal to an independent counsel, and manda- have organized themselves by regional to that given to ordinary citizens under tory compliance with established Jus- groups since before Israel joined the similar circumstances.’’ . . . To prevent tice Department policies is a means to against public officials being subject to po- United Nations in 1949. Membership in tentially capricious prosecutorial conduct, that end. a United Nations regional group con- an Independent Counsel needs to be tethered As the chief law enforcement officer fers eligibility to sit on the Security to some quantifiable standard, and the De- of the United States, the Attorney Council, the Economic and Social partment of Justice policy guidelines pro- General is responsible for ensuring that Council, as well as other United Na- vide arguably the most complete, detailed ‘‘no one is above the law.’’ The law re- tions councils, commissions, and com- and time-tested standards available. Fur- quires independent counsel compliance mittees. thermore . . . adherence to the executive with established Justice Department For the first time, the Senate pro- branch’s established prosecutorial guidelines policies. Where there is evidence that vides notice of its intention to work to helps to guard against constitutional separa- tion-of-powers challenges to the Independent independent counsels are not com- end this Cold War anachronism. One Counsel statute. . . . On the other hand, if an plying with Justice Department poli- sorry throwback to an era when the in- Independent Counsel is supposed to operate cies, the Attorney General has a legal stitutionalized isolation of Israel was a as nothing more than the identical twin of obligation to determine if that is so given in international affairs—the ugly

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5430 CONGRESSIONAL RECORD — SENATE May 22, 1998 ‘‘gentlemen’s agreement’’ that ex- lon, with significant contribution by Training, Department of Labor, transmit- cludes Israel and only Israel from former State Department Associate Di- ting, pursuant to law, the report of an ad- membership in any United Nations Re- rector of Security Edward L. Lee, II. ministrative directive regarding prevailing wage policy for researchers received on May gional Group. Israel, and only Israel, Their intensive investigation centered 20, 1998; to the Committee on Labor and can never sit on the United Nations Se- on Cyprus, but it followed up leads in Human Resources. curity Council. Israel, and only Israel, the United States, Turkey, Greece, EC–5027. A communication from the Direc- can never serve on the United Nations Switzerland, and the United Kingdom. tor of the Regulations Policy and Manage- Economic and Social Council, where The investigation led to the recovery ment Staff, Food and Drug Administration, her expertise is so sorely missed. of partial remains that were identified Department of Health and Human Services, transmitting, pursuant to law, the report of Israel, and only Israel, is less than a through DNA testing (done at the a rule entitled ‘‘Food Labeling; Petitions for full member of the very international Armed Forces Institute of Pathology Nutrient Content and Health Claims, Gen- organization which bravely voted on DNA Identification Laboratory) and eral Provisions’’ (Docket 98N–0274) received November 29, 1947 to create it. other evidence as being those of one of on May 20, 1998; to the Committee on Labor Today we call for Israel’s admission the missing Americans, Andreas and Human Resources. to a United Nations Regional Group. Kassapis. The report concludes that EC–5028. A communication from the Direc- tor of the Regulations Policy and Manage- This must be a goal of our govern- Mr. Kassapis was killed shortly after ment Staff, Food and Drug Administration, ment’s foreign policy and a priority of his capture in August 1974. The report Department of Health and Human Services, reform efforts at the United Nations. also concludes that, although their re- transmitting, pursuant to law, the report of That such legislation is necessary is a mains could not be recovered, the other a rule entitled ‘‘Revocation of Lather Brush- reminder that, despite the unparalleled four missing U.S. citizens in all likeli- es Regulation’’ (Docket 97P–0418) received on success of the Zionist movement in its hood did not survive the events in Cy- May 20, 1998; to the Committee on Labor and Human Resources. first hundred years, the state created prus in July and August 1974. EC–5029. A communication from the Acting half a century ago, as the fruit of this WILLIAM J. CLINTON. Administrator of the General Services Ad- ideal, still requires support from its THE WHITE HOUSE, May 22, 1998. ministration, transmitting, pursuant to law, friends to overcome this institutional f the report under the Freedom of Information prejudice. Act for the period January 1, 1997 through It is a fitting tribute to this vision MESSAGES FROM THE HOUSE September 30, 1997; to the Committee on the Judiciary. that our country will take its rightful At 1:12 p.m., a message from the EC–5030. A communication from the Acting place in the forefront of the effort to House of Representatives, delivered by General Counsel of the Department of De- allow Israel to participate fully in Ms. Goetz, one of its reading clerks, an- fense, transmitting, the draft of two items of international affairs and to be counted nounced that the House has passed the proposed legislation that provide specific ex- as a legitimate member among the na- following bill, in which it requests the emptions under the Freedom of Information tions of the world. I am joined in this concurrence of the Senate: Act in order to address management con- effort by 54 cosponsors. I thank my col- cerns of the Department of Defense; to the H.R. 3616. An act to authorize appropria- Committee on the Judiciary. leagues for their support and in par- tions for fiscal year 1999 for military activi- EC–5031. A communication from the Direc- ticular the distinguished senior Sen- ties of the Department of Defense, for mili- tor of the National Legislative Commission ator from Indiana, Senator LUGAR, for tary construction, and for defense activities of the American Legion, transmitting, pur- his leadership. of the Department of Energy, to prescribe suant to law, a report of statements describ- personnel strengths for such fiscal year for ing the financial condition of the American f the Armed Forces, and for other purposes. Legion as of December 31, 1997; to the Com- MESSAGES FROM THE PRESIDENT The message also announced that the mittee on the Judiciary. EC–5032. A communication from the Execu- Messages from the President of the Houses has agreed to the following con- tive Director of the Committee for Purchase United States were communicated to current resolution, without amend- from People Who Are Blind or Severely Dis- the Senate by Mr. Williams, one of his ment: abled, transmitting, pursuant to law, the re- secretaries. S. Con. Res. 98. Concurrent resolution pro- port of additions to the Procurement List received on May 18, 1998; to the Committee on EXECUTIVE MESSAGES REFERRED viding for a conditional adjournment or recess of the Senate and the House of Rep- Governmental Affairs. As in executive session the Presiding resentatives. EC–5033. A communication from the Chair- Officer laid before the Senate messages man of the Postal Rate Commission, trans- from the President of the United f mitting, a report regarding the Postal Rate States submitting two treaties and MEASURES PLACED ON THE Commission’s recommended decision on the sundry nominations which were re- Omnibus Rate Case R97–1; to the Committee CALENDAR on Governmental Affairs. ferred to the appropriate committees. The following bill was read the first EC–5034. A communication from the Assist- (The nominations received today are and second times, and placed on the ant Secretary for Legislative Affairs, De- printed at the end of the Senate pro- partment of State, transmitting, pursuant to calendar: ceedings.) law, the report of the certification of a pro- H.R. 3616. An act to authorize appropria- posed license for the export of major defense f tions for fiscal year 1999 for military activi- equipment to Chile (DTC–40–98); to the Com- REPORT TO CONGRESS ON THE ties of the Department of Defense, for mili- mittee on Foreign Relations. WHEREABOUTS OF THE U.S. CITI- tary construction, and for defense activities EC–5035. A communication from the Assist- ZENS WHO HAVE BEEN MISSING of the Department of Energy, to prescribe ant Secretary for Legislative Affairs, De- personnel strengths for such fiscal year for partment of State, transmitting, pursuant to FROM CYPRUS SINCE 1974—MES- the Armed Forces, and for other purposes. law, notification that the danger pay allow- SAGE FROM THE PRESIDENT— ance for Cambodia has been eliminated; to f PM 133 the Committee on Foreign Relations. The PRESIDING OFFICER laid be- EXECUTIVE AND OTHER EC–5036. A communication from the Assist- COMMUNICATIONS ant Secretary for Legislative Affairs, De- fore the Senate the following message partment of State, transmitting, pursuant to from the President of the United The following communications were law, the report of the certification of a pro- States, together with an accompanying laid before the Senate, together with posed license for the export of defense serv- report; which was referred to the Com- accompanying papers, reports, and doc- ices to Saudi Arabia (DTC–31–98); to the mittee on Foreign Relations. uments, which were referred as indi- Committee on Foreign Relations. EC–5037. A communication from the Assist- To the Congress of the United States: cated: ant Secretary for Legislative Affairs, De- In accordance with Public Law 103– EC–5025. A communication from the Sec- partment of State, transmitting, pursuant to 372, I hereby submit the enclosed ‘‘Re- retary of Health and Human Services, trans- law, the report of the certification of a pro- port to Congress on the Investigation mitting, a draft of proposed legislation enti- posed license for the export of defense serv- tled, ‘‘The Health Insurance Purchasing Co- of the Whereabouts of the U.S. Citizens ices to Kuwait (DTC–56–98); to the Com- operative Act’’; to the Committee on Labor mittee on Foreign Relations. Who Have Been Missing from Cyprus and Human Resources. EC–5038. A communication from the Assist- Since 1974.’’ The report was prepared EC–5026. A communication from the Acting ant Secretary for Legislative Affairs, De- by retired Ambassador Robert S. Dil- Assistant Secretary for Employment and partment of State, transmitting, pursuant to

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5431 law, the report of the certification of a pro- feiture Fund for fiscal year 1997; to the Com- EC–5061. A communication from the Chair- posed transfer of major defense equipment to mittee on Finance. man of the Federal Housing Finance Board, Australia (RSAT–3–98); to the Committee on EC–5051. A communication from the Direc- transmitting, pursuant to law, the annual re- Foreign Relations. tor of the Office of Congressional Affairs, Nu- port for 1997; to the Committee on Banking, EC–5039. A communication from the Assist- clear Regulatory Commission, transmitting, Housing, and Urban Affairs. ant Secretary for Legislative Affairs, De- pursuant to law, the report of a rule entitled EC–5062. A communication from the Gen- partment of State, transmitting, pursuant to ‘‘Year 2000 Readiness of Computer Systems eral Counsel of the Department of Housing law, the report of the certification of a pro- at Nuclear Power Plants’’ (Letter 98–01) re- and Urban Development, transmitting, pur- posed license for the export of major defense ceived on May 18, 1998; to the Committee on suant to law, the report of a rule entitled equipment to Japan (DTC–53–98); to the Com- Environment and Public Works. ‘‘Manufactured Home Construction and Safe- mittee on Foreign Relations. EC–5052. A communication from the Serv- ty Standards: Metal Roofing; Interpretative EC–5040. A communication from the Assist- ice Federal Register Liaison Officer, Fish Bulletin I–2–98’’ received on May 18, 1998; to ant Secretary for Legislative Affairs, De- and Wildlife Service, Department of the Inte- the Committee on Banking, Housing, and partment of State, transmitting, pursuant to rior, transmitting, pursuant to law, the re- Urban Affairs. law, the report of the certification of a pro- port of an emergency rule to establish an ad- EC–5063. A communication from the Gen- posed license for the export of defense equip- ditional manatee sanctuary in Kings Bay, eral Counsel of the Department of Housing ment to Japan (DTC–51–98); to the Com- Crystal River, FL (RIN1018–AE47) received and Urban Development, transmitting, pur- mittee on Foreign Relations. on May 20, 1998; to the Committee on Envi- suant to law, the report of a rule entitled EC–5041. A communication from the Assist- ronment and Public Works. ‘‘Section 8 Voucher and Certificate Pro- ant Secretary for Legislative Affairs, De- EC–5053. A communication from the Direc- grams: Restrictions on Leasing to Relatives’’ partment of State, transmitting, pursuant to tor of the Office of Congressional Affairs, Nu- received on May 20,1998; to the Committee on law, the report of the certification of a pro- clear Regulatory Commission, transmitting, Banking, Housing, and Urban Affairs. posed manufacturing license agreement with pursuant to law, the report of a rule entitled EC–5064. A communication from the Acting Japan (DTC–57–98); to the Committee on For- ‘‘Access Authorization Fee Schedule for Li- Deputy Secretary of Housing and Urban De- eign Relations. censee Personnel’’ (RIN3150–AF90) received velopment, transmitting, three reports on EC–5042. A communication from the Assist- on May 18, 1998; to the Committee on Envi- the HUD 2020 Management Reform Plan; to ant Legal Adviser for Treaty Affairs, Depart- ronment and Public Works. the Committee on Banking, Housing, and EC–5054. A communication from the Direc- ment of State, transmitting, pursuant to Urban Affairs. tor of the Office of Congressional Affairs, Nu- law, the report of the texts of international EC–5065. A communication from the Gen- clear Regulatory Commission, transmitting, agreements other than treaties and back- eral Counsel of the Federal Emergency Man- pursuant to law, the report of a rule entitled ground statements; to the Committee on agement Agency, transmitting, pursuant to ‘‘Physical Protection for Spent Nuclear Fuel Foreign Relations. law, the report of five rules: ‘‘Suspension of and High-Level Radioactive Waste’’ EC–5043. A communication from the Chief Community Eligibility’’ (Docket FEMA– (RIN3150–AF32) received on May 18, 1998; to of the Regulations Unit, Internal Revenue 7686), ‘‘Communities Eligible for Sale of the Committee on Environment and Public Service, Department of the Treasury, trans- Flood Insurance’’ (Docket FEMA–7687), Works. mitting, pursuant to law, the report of a rule EC–5055. A communication from the Direc- ‘‘Changes in Flood Elevation Determina- entitled ‘‘Distribution of Stock and Securi- tor of the Office of Congressional Affairs, Nu- tions’’ (2 rules), ‘‘Final Flood Elevation De- ties of a Controlled Corporation’’ (Notice 98– clear Regulatory Commission, transmitting, termination’’ received on May 20, 1998; to the 27) received on May 18, 1998; to the Com- pursuant to law, the report of a rule regard- Committee on Banking, Housing, and Urban mittee on Finance. ing a complete revision of the agency’s En- Affairs. EC–5044. A communication from the Chief forcement Policy (NUREG–1600, Rev.1) re- EC–5066. A communication from the Acting of the Regulations Unit, Internal Revenue ceived on May 18, 1998; to the Committee on Assistant Secretary for Force Management Service, Department of the Treasury, trans- Environment and Public Works. Policy, Department of Defense, transmit- mitting, pursuant to law, the report of a rule EC–5056. A communication from the Direc- ting, pursuant to law, the annual DoD Edu- entitled ‘‘Administrative, Procedural, and tor of the Office of Regulatory Management cation Activity Accountability Report and Miscellaneous Service-Initiated Accounting and Information, Environmental Protection Accountability Profiles of the DoD Depend- Method Changes’’ (Notice 98–31) received on Agency, transmitting, pursuant to law, the ents Schools; to the Committee on Armed May 20, 1998; to the Committee on Finance. report of three rules regarding OMB approval Services. EC–5045. A communication from the Chief numbers, Michigan Implementation Plans, EC–5067. A communication from the Dep- of the Regulations Unit, Internal Revenue and Illinois Implementation Plans (FRL6013– uty Secretary of Defense, transmitting, pur- Service, Department of the Treasury, trans- 2, FRL6003–6, FRL6012–7) received on May 18, suant to law, a report entitled ‘‘Report to mitting, pursuant to law, the report of a rule 1998; to the Committee on Environment and Congress on the Use of the DoD Laboratory entitled ‘‘Electronic Funds Transfer — Tem- Public Works. Revitalization Demonstration Program’’; to porary Waiver of Failure to Deposit Penalty EC–5057. A communication from the Direc- the Committee on Armed Services. for Certain Taxpayers’’ (Notice 98–30) re- tor of the Office of Regulatory Management EC–5068. A communication from the Acting ceived on May 20, 1998; to the Committee on and Information, Environmental Protection General Counsel of the Department of De- Finance. Agency, transmitting, pursuant to law, the fense, transmitting, a draft of proposed legis- EC–5046. A communication from the Chief report of four rules regarding new CI marine lation entitled ‘‘The Pilot Program for of the Regulations Unit, Internal Revenue engines, Bacillus thuringiensis plant pes- Micro-Purchases’’; to the Committee on Service, Department of the Treasury, trans- ticide, HEDP antimicrobial pesticide, and Armed Services. mitting, pursuant to law, the report of a rule OMB approval numbers (FRL6014–4, FRL5790– EC–5069. A communication from the Gen- entitled ‘‘Determination of Issue Price in the 3, FRL5790–1, FRL6013–2) received on May 18, eral Counsel of the Department of Defense, Case of Certain Debt Instruments Issued for 1998; to the Committee on Environment and transmitting, a draft of proposed legislation Property’’ (Notice 98–28) received on May 20, Public Works. to authorize the transfer of naval vessels to 1998; to the Committee on Finance. EC–5058. A communication from the Direc- certain foreign countries; to the Committee EC–5047. A communication from the Chief tor of the Office of Rulemaking Coordina- on Armed Services. of the Regulations Unit, Internal Revenue tion, Department of Energy, transmitting, EC–5070. A communication from the Con- Service, Department of the Treasury, trans- pursuant to law, the report of a rule entitled gressional Review Coordinator, Animal and mitting, pursuant to law, the report of a rule ‘‘Energy Conservation Program for Con- Plant Health Inspection Service, Department relative to foreign insurance companies sumer Products: Test Procedure for Water of Agriculture, transmitting, pursuant to (Procedure 98–31) received on May 20, 1998; to Heaters’’ (RIN1904–AA52) received on May 18, law, the report of a rule entitled ‘‘Mediterra- the Committee on Finance. 1998; to the Committee on Energy and Nat- nean Fruit Fly; Addition to Quarantined EC–5048. A communication from the Gen- ural Resources. Area’’ (Docket 97–056–12) received on May 18, eral Counsel of the Department of the Treas- EC–5059. A communication from the Com- 1998; to the Committee on Agriculture, Nu- ury, transmitting, a draft of legislation re- missioner of the Bureau of Reclamation, De- trition, and Forestry. garding the proposed Treasury International partment of the Interior, transmitting, a re- EC–5071. A communication from the Direc- Affairs Technical Assistance Program; to the port regarding safety modifications and pro- tor of Procurement and Property Manage- Committee on Finance. posed corrective actions applicable to the ment, Office of the Assistant Secretary for EC–5049. A communication from the Chief Pueblo Dam, Fryingpan-Arkansas Project; to Administration, Department of Agriculture, of Staff of the Office of the Commissioner, the Committee on Energy and Natural Re- transmitting, pursuant to law, the report of Social Security Administration, transmit- sources. a rule entitled ‘‘Agriculture Acquisition Reg- ting, pursuant to law, the report of a rule re- EC–5060. A communication from the Chief ulation; Preference for Selected Biobased garding the application of holdings of the Counsel, Office of Foreign Assets Control, Products’’ (RIN0599–AA00) received on May United States Courts of Appeals received on Department of the Treasury, transmitting, 18, 1998; to the Committee on Agriculture, May 20, 1998; to the Committee on Finance. pursuant to law, the report of a rule entitled Nutrition, and Forestry. EC–5050. A communication from the Sec- ‘‘Burmese Sanctions Regulations’’ received EC–5072. A communication from the Dep- retary of the Treasury, transmitting, pursu- on May 18, 1998; to the Committee on Bank- uty Executive Director, U.S. Commodity Fu- ant to law, the report of the Treasury For- ing, Housing, and Urban Affairs. tures Trading Commission, transmitting,

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5432 CONGRESSIONAL RECORD — SENATE May 22, 1998 pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, copies of EC–5098. A communication from the Gen- ‘‘Chicago Board of Trade Futures Contracts D.C. Act 12–329 adopted by the Council on eral Counsel of the Department of Transpor- in Corn and Soybeans; Order to Designate April 7, 1998; to the Committee on Govern- tation, transmitting, pursuant to law, the re- Contract Markets and Amending Order of mental Affairs. port of a rule entitled ‘‘Revision of Class E November 7, 1997, as Applied to Such Con- EC–5087. A communication from the Chair- Airspace; Pawnee, OK’’ (RIN2120–AA66 1998– tracts’’ received on May 18, 1998; to the Com- man of the Council of the District of Colum- 0205) received on May 18, 1998; to the Com- mittee on Agriculture, Nutrition, and For- bia, transmitting, pursuant to law, copies of mittee on Commerce, Science, and Transpor- estry. D.C. Act 12–328 adopted by the Council on tation. EC–5073. A communication from the Chair- April 7, 1998; to the Committee on Govern- EC–5099. A communication from the Gen- man of the Council of the District of Colum- mental Affairs. eral Counsel of the Department of Transpor- bia, transmitting, pursuant to law, copies of EC–5088. A communication from the Gen- tation, transmitting, pursuant to law, the re- D.C. Act 12–344 adopted by the Council on eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Revision of Class E April 7, 1998; to the Committee on Govern- tation, transmitting, pursuant to law, the re- Airspace; Wagoner, OK’’ (RIN2120–AA66 1998– mental Affairs. port of a rule regarding marine events in the 0204) received on May 18, 1998; to the Com- EC–5074. A communication from the Chair- vicinity of Annapolis Harbor, Maryland mittee on Commerce, Science, and Transpor- man of the Council of the District of Colum- (RIN2115–AE46 1998–0015) received on May 18, tation. bia, transmitting, pursuant to law, copies of 1998; to the Committee on Commerce, EC–5100. A communication from the Gen- D.C. Act 12–343 adopted by the Council on Science, and Transportation. eral Counsel of the Department of Transpor- April 7, 1998; to the Committee on Govern- EC–5089. A communication from the Gen- tation, transmitting, pursuant to law, the re- mental Affairs. eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Revision of Class E EC–5075. A communication from the Chair- tation, transmitting, pursuant to law, the re- Airspace; Coalgate, OK’’ (RIN2120–AA66 1998– man of the Council of the District of Colum- port of a rule entitled ‘‘Drawbridge Regula- 0203) received on May 18, 1998; to the Com- bia, transmitting, pursuant to law, copies of tions; New Rochelle Harbor, New York’’ mittee on Commerce, Science, and Transpor- D.C. Act 12–342 adopted by the Council on (RIN2115–AE47 1998–0016) received on May 18, tation. April 7, 1998; to the Committee on Govern- 1998; to the Committee on Commerce, EC–5101. A communication from the Gen- mental Affairs. Science, and Transportation. eral Counsel of the Department of Transpor- EC–5090. A communication from the Gen- EC–5076. A communication from the Chair- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- man of the Council of the District of Colum- port of a rule entitled ‘‘Revision of Class E tation, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, copies of Airspace; Bristow, OK’’ (RIN2120–AA66 1998– port of a rule entitled ‘‘Safety/Security Zone D.C. Act 12–341 adopted by the Council on 0202) received on May 18, 1998; to the Com- Regulations; San Juan Harbor, San Juan, April 7, 1998; to the Committee on Govern- mittee on Commerce, Science, and Transpor- Puerto Rico’’ (RIN2115–AA97 1998–0019) re- mental Affairs. tation. ceived on May 18, 1998; to the Committee on EC–5077. A communication from the Chair- EC–5102. A communication from the Gen- Commerce, Science, and Transportation. man of the Council of the District of Colum- EC–5091. A communication from the Gen- eral Counsel of the Department of Transpor- bia, transmitting, pursuant to law, copies of eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- D.C. Act 12–340 adopted by the Council on tation, transmitting, pursuant to law, the report of a rule entitled ‘‘Revision of Class E April 7, 1998; to the Committee on Govern- port of a rule entitled ‘‘Safety/Security Zone Airspace; Claremore, OK’’ (RIN2120–AA66 mental Affairs. Regulations; FLEET WEEK Air/Sea Dem- 1998–0201) received on May 18, 1998; to the EC–5078. A communication from the Chair- onstrations, Hudson River, New York’’ Committee on Commerce, Science, and man of the Council of the District of Colum- (RIN2115–AA97 1998–0020) received on May 18, Transportation. bia, transmitting, pursuant to law, copies of 1998; to the Committee on Commerce, EC–5103. A communication from the Gen- D.C. Act 12–338 adopted by the Council on Science, and Transportation. eral Counsel of the Department of Transpor- April 7, 1998; to the Committee on Govern- EC–5092. A communication from the Gen- tation, transmitting, pursuant to law, the re- mental Affairs. eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Revision of Class E EC–5079. A communication from the Chair- tation, transmitting, pursuant to law, the re- Airspace; Shawnee, OK’’ (RIN2120–AA66 1998– man of the Council of the District of Colum- port of a rule entitled ‘‘Metric Conversion— 0200) received on May 18, 1998; to the Com- bia, transmitting, pursuant to law, copies of Tires’’ (RIN2127–AH07) received on May 18, mittee on Commerce, Science, and Transpor- D.C. Act 12–337 adopted by the Council on 1998; to the Committee on Commerce, tation. April 7, 1998; to the Committee on Govern- Science, and Transportation. EC–5104. A communication from the Gen- mental Affairs. EC–5093. A communication from the Gen- eral Counsel of the Department of Transpor- EC–5080. A communication from the Chair- eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- man of the Council of the District of Colum- tation, transmitting, pursuant to law, the report of a rule entitled ‘‘Revision of Class E bia, transmitting, pursuant to law, copies of port of a rule entitled ‘‘Metric Conversion— Airspace; Muskogee, OK’’ (RIN2120–AA66 D.C. Act 12–336 adopted by the Council on Phase II’’ (RIN2127–AG55) received on May 1998–0199) received on May 18, 1998; to the April 7, 1998; to the Committee on Govern- 18, 1998; to the Committee on Commerce, Committee on Commerce, Science, and mental Affairs. Science, and Transportation. Transportation. EC–5081. A communication from the Chair- EC–5094. A communication from the Gen- EC–5105. A communication from the Gen- man of the Council of the District of Colum- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- bia, transmitting, pursuant to law, copies of tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- D.C. Act 12–335 adopted by the Council on port of a rule entitled ‘‘Revision of Class E port of a rule entitled ‘‘Revision of Class E April 7, 1998; to the Committee on Govern- Airspace; Eastland Municipal, TX’’ (RIN2120– Airspace; Poteau, OK’’ (RIN2120–AA66 1998– mental Affairs. AA66 1998–0209) received on May 18, 1998; to 0198) received on May 18, 1998; to the Com- EC–5082. A communication from the Chair- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- man of the Council of the District of Colum- Transportation. tation. bia, transmitting, pursuant to law, copies of EC–5095. A communication from the Gen- EC–5106. A communication from the Gen- D.C. Act 12–334 adopted by the Council on eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- April 7, 1998; to the Committee on Govern- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- mental Affairs. port of a rule entitled ‘‘Revision of Class E port of a rule entitled ‘‘Revision of Class E EC–5083. A communication from the Chair- Airspace; Gallup, NM’’ (RIN2120–AA66 1998– Airspace; Fryer, OK’’ (RIN2120–AA66 1998– man of the Council of the District of Colum- 0208) received on May 18, 1998; to the Com- 0197) received on May 18, 1998; to the Com- bia, transmitting, pursuant to law, copies of mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- D.C. Act 12–333 adopted by the Council on tation. tation. April 7, 1998; to the Committee on Govern- EC–5096. A communication from the Gen- EC–5107. A communication from the Gen- mental Affairs. eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- EC–5084. A communication from the Chair- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- man of the Council of the District of Colum- port of a rule entitled ‘‘Revision of Class E port of a rule entitled ‘‘Revision of Class E bia, transmitting, pursuant to law, copies of Airspace; Barltlesville, OK’’ (RIN2120–AA66 Airspace; Stillwater, OK’’ (RIN2120–AA66 D.C. Act 12–332 adopted by the Council on 1998–0207) received on May 18, 1998; to the 1998–0196) received on May 18, 1998; to the April 7, 1998; to the Committee on Govern- Committee on Commerce, Science, and Committee on Commerce, Science, and mental Affairs. Transportation. Transportation. EC–5085. A communication from the Chair- EC–5097. A communication from the Gen- EC–5108. A communication from the Gen- man of the Council of the District of Colum- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- bia, transmitting, pursuant to law, copies of tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- D.C. Act 12–330 adopted by the Council on port of a rule entitled ‘‘Revision of Class E port of a rule entitled ‘‘Revision of Class E April 7, 1998; to the Committee on Govern- Airspace; Cleveland, OK’’ (RIN2120–AA66 Airspace; Tahlequah, OK’’ (RIN2120–AA66 mental Affairs. 1998–0206) received on May 18, 1998; to the 1998–0195) received on May 18, 1998; to the EC–5086. A communication from the Chair- Committee on Commerce, Science, and Committee on Commerce, Science, and man of the Council of the District of Colum- Transportation. Transportation.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5433

EC–5109. A communication from the Gen- tation, transmitting, pursuant to law, the re- By Mr. MCCAIN, from the Committee on eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Establishment of Commerce, Science, and Transportation, tation, transmitting, pursuant to law, the re- Class E Airspace; Wautoma, WI’’ (Docket 98– with an amendment in the nature of a sub- port of a rule entitled ‘‘Revision of Class E AGL–7) received on May 18, 1998; to the Com- stitute and an amendment to the title: Airspace; Grove, OK’’ (RIN2120–AA66 1998– mittee on Commerce, Science, and Transpor- S. 1250. A bill to authorize appropriations 0194) received on May 18, 1998; to the Com- tation. for the National Aeronautics and Space Ad- mittee on Commerce, Science, and Transpor- EC–5121. A communication from the Gen- ministration for fiscal years 1998 and 1999, tation. eral Counsel of the Department of Transpor- and for other purposes (Rept. No. 105–195). EC–5110. A communication from the Gen- tation, transmitting, pursuant to law, the re- By Mr. MCCAIN, from the Committee on eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Modification of Class Commerce, Science, and Transportation, tation, transmitting, pursuant to law, the re- E Airspace; Portland, IN’’ (Docket 98–AGL–8) with amendments and an amendment to the port of a rule entitled ‘‘Revision of Class E received on May 18, 1998; to the Committee title: Airspace; Henryetta, OK’’ (RIN2120–AA66 on Commerce, Science, and Transportation. S. 1325. A bill to authorize appropriations 1998–0193) received on May 18, 1998; to the EC–5122. A communication from the Gen- for the Technology Administration of the Committee on Commerce, Science, and eral Counsel of the Department of Transpor- Department of Commerce for fiscal years Transportation. tation, transmitting, pursuant to law, the re- 1998 and 1999, and for other purposes (Rept. EC–5111. A communication from the Gen- port of a rule entitled ‘‘Modification of Class No. 105–196). eral Counsel of the Department of Transpor- E Airspace; Millersburg, OH’’ (Docket 98– tation, transmitting, pursuant to law, the re- AGL–9) received on May 18, 1998; to the Com- f port of a rule entitled ‘‘Revision of Class E mittee on Commerce, Science, and Transpor- Airspace; McAlester, OK’’ (RIN2120–AA66 EXECUTIVE REPORTS OF tation. COMMITTEE 1998–0191) received on May 18, 1998; to the EC–5123. A communication from the Gen- Committee on Commerce, Science, and eral Counsel of the Department of Transpor- The following executive report of Transportation. tation, transmitting, pursuant to law, the re- committee was submitted: EC–5112. A communication from the Gen- port of a rule entitled ‘‘Modification of Class By Mr. SHELBY, from the Select Com- eral Counsel of the Department of Transpor- E Airspace; Chicago, IL’’ (Docket 98–AGL–11) tation, transmitting, pursuant to law, the re- mittee on Intelligence: Joan Avalyn received on May 18, 1998; to the Committee port of a rule entitled ‘‘Revision of Class E Dempsey, of Virginia, to be Deputy Director on Commerce, Science, and Transportation. Airspace; Miami, OK’’ (RIN2120–AA66 1998– of Central Intelligence for Community Man- EC–5124. A communication from the Gen- agement. (New Position) 0190) received on May 18, 1998; to the Com- eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- (The above nomination was reported tation. port of a rule entitled ‘‘Establishment of with the recommendation that she be EC–5113. A communication from the Gen- eral Counsel of the Department of Transpor- Class E Airspace; Watford City, ND, and confirmed.) Modification of Class E Airspace; Williston, tation, transmitting, pursuant to law, the re- f port of a rule entitled ‘‘Amendment to Class ND’’ (Docket 98–AGL–15) received on May 18, E Airspace; Wrightstown, NJ’’ (Docket 98– 1998; to the Committee on Commerce, INTRODUCTION OF BILLS AND AEA–01) received on May 18, 1998; to the Science, and Transportation. JOINT RESOLUTIONS EC–5125. A communication from the Gen- Committee on Commerce, Science, and The following bills and joint resolu- Transportation. eral Counsel of the Department of Transpor- EC–5114. A communication from the Gen- tation, transmitting, pursuant to law, the re- tions were introduced, read the first eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Airworthiness Direc- and second time by unanimous con- tation, transmitting, pursuant to law, the re- tives; Raytheon Aircraft Company Models sent, and referred as indicated: B200, B200C, and B200T Airplanes’’ (Docket port of a rule entitled ‘‘Amendment to Class By Mr. ENZI (for himself, Mr. BINGA- 97–CE–72–AD) received on May 18, 1998; to the E Airspace; Downingtown, PA’’ (Docket 98– MAN, Mr. KENNEDY, Mr. JEFFORDS, Committee on Commerce, Science, and AEA–04) received on May 18, 1998; to the Mr. HUTCHINSON, Mr. BROWNBACK, Mr. Transportation. Committee on Commerce, Science, and THOMAS, and Mr. NICKLES): EC–5126. A communication from the Gen- Transportation. S. 2112. A bill to make the Occupational eral Counsel of the Department of Transpor- EC–5115. A communication from the Gen- Safety and Health Act of 1970 applicable to tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- the United States Postal Service in the same port of a rule entitled ‘‘Airworthiness Direc- tation, transmitting, pursuant to law, the re- manner as any other employer; to the Com- tives; CFM International CFM56–3, –3B, –3C, port of a rule entitled ‘‘Establishment of mittee on Labor and Human Resources. –5, –5B and –5C Series Turbofan Engines’’ Class E Airspace; Martin, SD’’ (Docket 97– By Mr. ROBB: (Docket 97–ANE–54–AD) received on May 18, AGL–62) received on May 18, 1998; to the S. 2113. A bill to reduce traffic congestion, Committee on Commerce, Science, and 1998; to the Committee on Commerce, promote economic development, and improve Transportation. Science, and Transportation. the quality of life in the metropolitan Wash- EC–5116. A communication from the Gen- EC–5127. A communication from the Gen- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- ington region; to the Committee on Environ- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- ment and Public Works. port of a rule entitled ‘‘Modification of Class port of a rule entitled ‘‘Airworthiness Direc- By Mr. DURBIN (for himself, Ms. COL- E Airspace; Casey, IL’’ (Docket 98–AGL–10) tives; REVO, Incorporated Models Colonial LINS, Mr. FAIRCLOTH, Mr. AKAKA, Ms. received on May 18, 1998; to the Committee C–2, Lake LA–4, Lake LA–4A, Lake LA–4P, MOSELEY-BRAUN, Mr. HARKIN, Ms. MI- on Commerce, Science, and Transportation. and Lake LA–4–200 Airplanes’’ (Docket 98– KULSKI, Mr. WELLSTONE, Mr. GRAHAM, EC–5117. A communication from the Gen- CE–48–AD) received on May 18, 1998; to the Mr. JOHNSON, Mr. CLELAND, Ms. LAN- eral Counsel of the Department of Transpor- Committee on Commerce, Science, and DRIEU, Mr. REID, Mr. TORRICELLI, Mr. tation, transmitting, pursuant to law, the re- Transportation. DODD, Mr. KOHL, Mr. WARNER, Mrs. port of a rule entitled ‘‘Establishment of EC–5128. A communication from the Gen- BOXER, and Mrs. MURRAY): Class E Airspace; Nauvoo, IL’’ (Docket 98– eral Counsel of the Department of Transpor- S. 2114. A bill to amend the Violence AGL–12) received on May 18, 1998; to the tation, transmitting, pursuant to law, the re- Against Women Act of 1994, the Family Vio- Committee on Commerce, Science, and port of a rule entitled ‘‘Airworthiness Direc- lence Prevention and Services Act, the Older Transportation. tives; Lockheed Model L–1011–385 Series Air- Americans Act of 1965, and the Public Health EC–5118. A communication from the Gen- planes’’ (Docket 96–NM–257–AD) received on Service Act to ensure that older women are eral Counsel of the Department of Transpor- May 18, 1998; to the Committee on Com- protected from institutional, community, tation, transmitting, pursuant to law, the re- merce, Science, and Transportation. and domestic violence and sexual assault and port of a rule entitled ‘‘Establishment of to improve outreach efforts and other serv- f Class E Airspace; Lakeview, MI’’ (Docket 98– ices available to older women victimized by AGL–14) received on May 18, 1998; to the REPORTS OF COMMITTEES such violence, and for other purposes; to the Committee on Labor and Human Resources. Committee on Commerce, Science, and The following reports of committees Transportation. By Mr. ROCKEFELLER (for himself EC–5119. A communication from the Gen- were submitted: and Ms. MIKULSKI): eral Counsel of the Department of Transpor- By Mr. THOMPSON, from the Committee S. 2115. A bill to amend title 38, United tation, transmitting, pursuant to law, the re- on Governmental Affairs, without amend- States Code, to establish a scholarship pro- port of a rule entitled ‘‘Modification of Class ment: gram and an education loan debt reduction E Airspace; Milwaukee, WI’’ (Docket 98– S. 1642. A bill to improve the effectiveness program to facilitate the employment of pri- AGL–5) received on May 18, 1998; to the Com- and performance of Federal financial assist- mary care and other health care profes- mittee on Commerce, Science, and Transpor- ance programs, simplify Federal financial as- sionals by the Veterans Health Administra- tation. sistance application and reporting require- tion, and for other purposes; to the Com- EC–5120. A communication from the Gen- ments, and improve the delivery of services mittee on Veterans Affairs. eral Counsel of the Department of Transpor- to the public (Rept. No. 105–194). By Mr. LUGAR:

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5434 CONGRESSIONAL RECORD — SENATE May 22, 1998 S. 2116. A bill to clarify and enhance the Mr. COVERDELL, Mrs. FEINSTEIN, and place safety and health. The company’s authorities of the Chief Information Officer Mr. DURBIN): rigorous safety program even had me of the Department of Agriculture; to the S. Res. 235. A resolution commemorating collecting samples for drug tests—an 100 years of relations between the people of Committee on Agriculture, Nutrition, and extremely effective method of deter- Forestry. the United States and the people of the Phil- By Mr. JOHNSON (for himself and Mr. ippines; to the Committee on Foreign Rela- ring workplace injuries and fatalities, DASCHLE): tions. by the way. S. 2117. A bill to authorize the construction By Mr. DOMENICI (for himself, Mr. I saw things with OSHA that I of the Perkins County Rural Water System MCCAIN, Mr. HATCH, Mr. DEWINE, Mr. thought needed to be changed. I served and authorize financial assistance to the CHAFEE, Mr. LUGAR, Mr. HAGEL, Mr. Perkins County Rural Water System, Inc., a GRASSLEY, Mr. ABRAHAM, and Mrs. in the State legislature. I was told that nonprofit corporation, in the planning and HUTCHISON): States can’t change that and I under- construction of the water supply system, and S. Res. 236. A resolution to express the stand that. Then I got to come to for other purposes; to the Committee on En- sense of the Senate regarding English plus Washington, and in Washington we can ergy and Natural Resources. other languages; to the Committee on Labor make a difference in the workplace. I By Mr. CHAFEE (for himself, Mr. and Human Resources. went to work on a SAFE Act, one that By Mr. FEINGOLD (for himself, Mr. BREAUX, Mr. MURKOWSKI, Mr. COCH- will provide safety in all businesses. RAN, Mr. INOUYE, Mr. DASCHLE, Mr. REED, Mr. LEAHY, Mr. MOYNIHAN, Mr. That has been through hearings. It has ROCKEFELLER, Mr. MACK, Mr. LUGAR, KOHL, Mr. KENNEDY, Mr. HARKIN, and Mr. BUMPERS, Mr. FRIST, and Mr. Mr. WELLSTONE): been through markups in the Labor SANTORUM): S. Res. 237. A resolution expressing the Committee and is ready to be debated S. 2118. A bill to amend the Internal Rev- sense of the Senate regarding the situation on this floor. I have had hands-on expe- enue Code of 1986 to reduce the tax on vac- in Indonesia and East Timor; to the Com- rience in the workplace with safety, cines to 25 cents per dose; to the Committee mittee on Foreign Relations. and I know that workplace safety and on Finance. By Mr. LOTT: health is everyone’s business. And S. Con. Res. 99. A concurrent resolution au- By Mr. STEVENS (for himself and Mr. that’s the only way it works. It is not CAMPBELL): thorizing the flying of the POW/MIA flag; S. 2119. A bill to amend the Amateur considered and agreed to. a political issue, it is an issue that can- Sports Act to strengthen provisions pro- f not be divided by a barrier that sepa- tecting the right of athletes to compete, rec- rates even the public and the private ognize the Paralympics and growth of dis- STATEMENTS ON INTRODUCED sector. It’s everybody’s concern, and abled sports, improve the U.S. Olympic Com- BILLS AND JOINT RESOLUTIONS that is the only way it works. mittee’s ability to resolve certain disputes, By Mr. ENZI (for himself, Mr. We must ensure the safety and health and for other purposes; to the Committee on BINGAMAN, Mr. KENNEDY, Mr. Commerce, Science, and Transportation. of all employees because they are the JEFFORDS, Mr. HUTCHINSON, Mr. By Mr. ROCKEFELLER (for himself most important asset of any business. ROWNBACK HOMAS and Mr. FRIST): B , Mr. T , and It’s success or failure rests with their S. 2120. A bill to improve the ability of NICKLES): ability to provide efficient care and Federal agencies to license federally-owned S. 2112. A bill to make the Occupa- service to their customers, whoever inventions; to the Committee on Commerce, tional Safety and Health Act of 1970 ap- they may be. Although all Federal Science, and Transportation. plicable to the United States Postal agencies must comply with the 1970 Oc- By Mr. BREAUX: Service in the same manner as any S. 2121. A bill to encourage the develop- cupational Safety and Health statute, other employer; to the Committee on they are not required to pay penalties ment of more cost effective commercial Labor and Human Resources. space launch industry in the United States, issued to them by OSHA. The bill I am and for other purposes; to the Committee on POSTAL EMPLOYEES SAFETY ENHANCEMENT ACT introducing today is the first step in Commerce, Science, and Transportation. Mr. ENZI. Mr. President, I rise to in- the effort to eliminate this barrier. By Mr. ROTH (for himself and Mr. troduce the Postal Employees Safety It is important to point out that this MOYNIHAN): Enhancement Act of 1998. S. 2122. A bill to amend the Internal Rev- Mr. President, this bipartisan legisla- legislation is not intended to single out enue Code of 1986 to provide that certain liq- tion, cosponsored by my colleagues the Postal Service. My first look at uidating distributions of a regulated invest- how ineffective Federal agencies are at Senators BINGAMAN, KENNEDY, JEF- ment company or real estate investment making workplace safety and health a FORDS and HUTCHINSON would fully trust which are allowable as a deduction priority began when I noted that Yel- shall be included in the gross income of a bring the United States Postal Service under the regulatory umbrella of the lowstone National Park was cited by distributee; to the Committee on Finance. OSHA last February for 600 viola- By Mr. SANTORUM: Occupational Safety and Health Ad- S. 2123. A bill to amend the Higher Edu- ministration. It has always been my tions—92 of them serious. One of those cation Act of 1965 to improve accountability unshakeable belief that the Govern- serious violations was the Park’s fail- and reform certain programs; to the Com- ment must play by its own rules. This ure to report an employee’s death to mittee on Labor and Human Resources. important legislation is an incre- OSHA. In fact, Yellowstone has posted By Mrs. HUTCHISON (for herself and mental step in the effort to ensure that five employee deaths in the past three Mr. INOUYE): and one-half years. Although there are S. 2124. A bill to authorize appropriations the ‘‘law of the land’’ applies equally to all branches of the Government as well these and other serious problems noted for fiscal year 1999 for the Maritime Admin- in the Park’s safety and health record, istration and for other purposes; to the Com- as the private sector —and everything mittee on Commerce, Science, and Transpor- in-between. I later found that it pales in compari- tation. Since I became a member of this dis- son to the United States Postal Serv- By Mr. D’AMATO: tinguished body, I’ve been advocating ice’s record. S. 2125. A bill to amend the Internal Rev- legislation geared to improve the safe- After looking at the past 5 year to- enue Code of 1986 to provide for the tax ty and health of our nation’s work- tals for all Federal workplace injuries, treatment of section 42 housing cooperatives and the shareholders of such cooperatives, places. My sincere devotion to this illnesses, lost work time and fatalities, and for other purposes; to the Committee on issue, however, goes back much farther I was shocked to see the Postal Service Finance. than my work here in Washington. For at the very top of the list. It was my 12 years, I was an accountant for Dun- initial feeling that the armed forces f bar Well Service in Gillette, WY, an oil would be the most hazardous occupa- SUBMISSION OF CONCURRENT AND well servicing company with offices tion in the Federal Government. That SENATE RESOLUTIONS throughout Wyoming. Like most busi- notion was proven wrong. Surprisingly, The following concurrent resolutions nesses in my home state, Dunbar Well the Postal Service employs relatively and Senate resolutions were read, and Service is a small business. The payroll the same number of workers as the De- referred (or acted upon), as indicated: consisted of 130 employees. As a result, partment of Defense. Yet it has double By Mr. AKAKA (for himself, Mr. I wore several hats. One of my roles the number of total workplace injuries HELMS, Mr. BIDEN, Mr. THOMAS, Mr. was safety instruction, which required and illnesses and almost double the INOUYE, Mr. LUGAR, Mrs. BOXER, Mr. me to travel the state teaching em- number of lost work-time cases as the COCHRAN, Mrs. MURRAY, Mr. ROTH, ployees about the importance of work- Department of Defense.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5435 What is most troubling about the employ them. When advocating work- country, in every business and corpora- Postal Service’s safety record, how- place safety and health in this context, tion, in both private and the public sec- ever, is its annual workers’ compensa- I can think of no better place to start tor. tion payments. From 1992 to 1997, the than the Postal Service—which calls I ask unanimous consent the text of Postal Service paid an annual average itself a Federal agency when it is help- the bill be printed in the RECORD. of $505 million in workers’ compensa- ful to refer to itself as such. In fact, There being no objection the bill was tion costs—placing them once again at it’s not a Federal agency at all. It’s a ordered printed in the RECORD, as fol- the top of the Federal Government’s self-sufficient, quasi-governmental en- lows: list. Moreover, the Postal Service’s an- tity. How many Federal agency’s em- S. 2112 nual contribution to workers’ com- ployees can collectively bargain under Be it enacted by the Senate and House of Rep- pensation amounts to almost one-third the 1935 National Labor Relations Act? resentatives of the United States of America in Congress assembled, of the Federal program’s $1.8 billion How many Federal agencies don’t re- SECTION 1. SHORT TITLE. price tag. These facts are simply inex- ceive one dime of the taxpayers’ This Act may be cited as the ‘‘Postal Em- cusable and clearly justify the need for money? How many Federal agencies ployees Safety Enhancement Act’’. legislation. Better yet, this legislation post annual profits exceeding $1.5 bil- SEC. 2. APPLICATION OF ACT. would likely decrease the annual ex- lion? The Postal Service exhibits al- (a) DEFINITION.—Section 3(5) of the Occupa- penditures for workers’ compensation most every characteristic of a private tional Safety and Health Act of 1970 (29 because of a reduction in workplace in- business. Still, it’s reluctant to fully U.S.C. 652(5)) is amended by inserting after juries, illnesses, lost time and fatali- comply with Federal occupational safe- ‘‘the United States’’ the following: ‘‘(not including the United States Postal Service)’’. ties. ty and health law. Clearly, that must (b) FEDERAL PROGRAMS.— In 1970, Congress passed the Postal change. (1) OCCUPATIONAL SAFETY AND HEALTH.— Reorganization Act, eliminating the After carefully examining the per- Section 19(a) of the Occupational Safety and old Postal Department status as a cabi- spectives of the Postal Service and the Health Act of 1970 (29 U.S.C. 668(a)) is amend- net office. Twelve years later, the Post- unions representing its employees, I ed by inserting after ‘‘each Federal Agency’’ al Service became fiscally self-suffi- have concluded that the Postal Em- the following: ‘‘(not including the United cient—depending on market-driven ployees Safety Enhancement Act is States Postal Service)’’. necessary legislation. The bill would (2) OTHER SAFETY PROGRAMS.—Section revenues rather than taxpayer dollars. 7902(a)(2) of title 5, United States Code, is Of course the Postal Service is big. permit OSHA to fully regulate the amended by inserting after ‘‘Government of The Postal Service is 43 percent of the Postal Service the same way it does the United States’’ the following: ‘‘(not in- world’s mail. It has annual profits that private businesses. In addition, the bill cluding the United States Postal Service)’’. exceed $1.5 billion. If the Postal Serv- would prevent the Post Office from SEC. 3. CLOSING OR CONSOLIDATION OF OF- ice were a private company, it would be closing or consolidating rural post of- FICES NOT BASED ON OSHA COMPLI- the 9th largest business in the United fices or services simply because it’s re- ANCE. Section 404(b)(2) of title 39, United States States and 29th in the entire world. It quired to comply with OSHA. Service Code, is amended to read as follows: is bigger than Coca-Cola, Xerox, and to all areas of the Nation, rural or ‘‘(2) The Postal Service, in making a deter- Kodak combined. It has offices in vir- urban, was made a part of the Postal mination whether or not to close or consoli- tually every community. In fact, some Service’s mission by the 1970 Postal date a post office— of the communities in my State are Reorganization Act. The quality of the ‘‘(A) shall consider— communities because they are a post service it provides should not decrease ‘‘(i) the effect of such closing or consolidation on the community served by such post office. So it covers the big and it covers because of efforts to protect and ensure office; the small. employee safety and health. Along this ‘‘(ii) the effect of such closing or consolida- When I did the SAFE Act I talked to same premise, the bill would prevent tion on employees of the Postal Service em- my colleagues on both sides of the the Postal Rate Commission from rais- ployed at such office; aisle. I talked to any group that would ing the price of stamps to help the ‘‘(iii) whether such closing or consolidation talk to me. I talked to businesses, I Postal Service pay for potential OSHA is consistent with the policy of the Govern- talked to employers, I talked to em- fines. Rather, the Postal Service ment, as stated in section 101(b) of this title, ployees, I talked to unions, and then should offset the potential for OSHA that the Postal Service shall provide a max- drafted a bill. That bill is going imum degree of effective and regular postal fines by improving workplace condi- services to rural areas, communities, and through the process. tions which would decrease its annual small towns where post offices are not self- When I noticed this problem, I went $500 million expenditure on workers’ sustaining; through the same process. I have met compensation claims. ‘‘(iv) the economic savings to the Postal with those groups—agencies, unions This bipartisan bill will make the Service resulting from such closing or con- that are involved in this process—and I law of the land mean what it says. Con- solidation; and have to say, I have gotten some very gress would only be applying those ‘‘(v) such other factors as the Postal Serv- helpful, constructive suggestions from standards to the Postal Service that it ice determines are necessary; and those groups. Those suggestions appear applied to itself three years ago. The ‘‘(B) may not consider compliance with any provision of the Occupational Safety and in the bill. Postal Service has the most alarming Health Act of 1970 (29 U.S.C. 651 et seq.).’’. I have talked to the Postal Service occupational safety and health record SEC. 4. PROHIBITION ON RESTRICTION OR ELIMI- about it. They have reviewed it. They in the Federal Government. It should NATION OF SERVICES. have asked for additional time to re- therefore be the first to be reined in. (a) IN GENERAL.—Chapter 4 of title 39, view it. The bill is only five pages long. Every schoolchild is familiar with United States Code, is amended by adding I don’t know how long it takes to re- the words on the New York Post Office after section 414 the following: view that, so I can only assume that that became the motto of the Postal ‘‘§ 415. Prohibition on restriction or elimi- they have no problem with the bill ei- Service, ‘‘Neither snow, nor rain, nor nation of services ther, although I am sure they are not heat, nor gloom of night stays these ‘‘The Postal Service may not restrict, excited to come under the same rules couriers from the swift completion of eliminate, or adversely affect any service provided by the Postal Service as a result of that everyone else plays under. their appointed rounds.’’ Add to that the payment of any penalty imposed under The point of this legislation is sim- the million and one barriers, com- the Occupational Safety and Health Act of ple. If government makes the rules, plaints, dogs, assaults and other obsta- 1970 (29 U.S.C. 651 et seq.).’’. Government must play by them. this is cles our postal workers must deal with (b) TECHNICAL AND CONFORMING AMEND- the same basic premise adopted by every day and it is clear that they have MENT.—The table of sections for chapter 4 of Congress when it passed the Congres- more than enough to deal with without title 39, United States Code, is amended by adding at the end the following: sional Accountability Act during the having to worry about the conditions 104th Congress. The Postal Service is ‘‘415. Prohibition on restriction or elimi- of their workplace as well. nation of services.’’. not above the law and its employees I urge my colleagues to support this SEC. 5. LIMITATIONS ON RAISE IN RATES. are no less important to its daily oper- necessary, common sense legislation to Section 3622 of title 39, United States Code, ations than the employees of private show our support for workplace safety is amended by adding at the end the fol- businesses are to the companies that and health everywhere throughout the lowing:

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5436 CONGRESSIONAL RECORD — SENATE May 22, 1998 ‘‘(c) Compliance with any provision of the plies with the same safety and health The situation is especially serious in Occupational Safety and Health Act of 1970 standards as other businesses. Likewise the Postal Service. Postal employees (29 U.S.C. 651 et seq.) shall not be considered I think Postal workers deserve the suffer one of the highest injury rates in by the Commission in determining whether same protections afforded all other pri- the federal government. In 1996 alone, to increase rates and shall not otherwise affect the service of the Postal Service.’’. vate sector workers, under the Act. 78,761 postal employees were injured on Mr. President, I hope the Senate will the job—more than nine injuries and Mr. BINGAMAN. Mr. President, I am work quickly to adopt this legislation illnesses for every hundred workers. pleased to join with my friend and col- this year. I see no reason why this bill This rate is 23% higher than the over- league from Wyoming, Senator ENZI, in should not pass quickly and overall private sector rate, and 40% higher introducing the Postal Employees whelmingly. than the overall federal rate. Fourteen Safety Enhancement Act of 1998. Again Mr. President, I commend Sen- postal employees were killed on the job I want to begin by commending the ator ENZI for bringing this important in 1996—one-sixth of the federal total. distinguished Senator from Wyoming worker safety measure before the Sen- Workers’ compensation charges at the for bringing this issue before the Sen- ate and look forward to working with Postal Service are also high—$538 mil- ate. As my colleagues know, in the him to ensure its swift passage. lion in 1997. short time he has been in the Senate, Mr. KENNEDY. Mr. President, I am This legislation will bring down these Senator ENZI has become one of the proud to join my colleagues, Senator unacceptably high rates. It permits leading experts on the Occupational ENZI, Senator JEFFORDS, and Senator OSHA to issue citations for safety haz- Health and Safety Act of 1970. I have BINGAMAN, in introducing the Postal ards, and back them up with penalties. found him to be extremely willing to Employees Safety Enhancement Act. This credible enforcement threat will listen to all sides of what are complex This important legislation will extend encourage the Postal Service to com- issues, to work in a bipartisan manner coverage of the Occupational Safety ply with the law. It will save taxpayer and to engage all interested parties in and Health Act to employees of the dollars currently spent on worker’s a constructive dialogue on OSHA re- United States Postal Service. compensation costs. lated issues. I also commend him for Few issues are more important to Most important, it will reduce the recognizing the need which this legisla- working families than health and safe- extraordinarily high rate of injuries tion will address and for working with ty on the job. For the past 28 years, among postal employees. Every worker all interested parties over the past few OSHA has performed a critical role— deserves a safe and healthy place to weeks to draft a bill that will address protecting American workers from on- work, and this bill will help achieve that need. the-job injuries and illnesses. that goal for the 860,000 employees of Mr. President, the bill we are intro- In carrying out this mission, OSHA the Postal Service. They deserve it, ducing today is really rather simple. It has made an extraordinary difference and I urge my colleagues to provide it. will make the Occupational Health and in people’s lives. Death rates from on- Safety Act applicable to the United the-job accidents have dropped by over By Mr. DURBIN (for himself, Ms. States Postal Service as it would be to 60% since 1970—much faster than be- COLLINS, Mr. FAIRCLOTH, Mr. any other private sector employer. The fore the law was enacted. More than AKAKA, Ms. MOSELEY-BRAUN, reasons for doing this, and the need to 140,000 lives have been saved. Mr. HARKIN, Ms. MIKULSKI, Mr. do so, are very obvious to anyone who Occupational illnesses and injuries WELLSTONE, Mr. GRAHAM, Mr. looks at this issue. A comparison of all have dropped by one-third since JOHNSON, Mr. CLELAND, Ms. of the worker’s compensation costs OSHA’s enactment—to a record low LANDRIEU, Mr. REID, Mr. charged to federal employing agencies rate of 7.4 per 100 workers in 1996. TORRICELLI, Mr. DODD, Mr. from July 1, 1993 to July 30, 1994 These numbers are still unacceptably KOHL, Mr. WARNER, Mrs. BOXER, showed the Postal Service had a sig- high, but they demonstrate that OSHA and Mrs. MURRAY): nificantly higher rate of employment is a success by any reasonable measure. S. 2114. A bill to amend the Violence based injury claims than any federal Even more lives have been saved in Against Women Act of 1994, the Family agency. There are numerous reports of the two places where OSHA has con- Violence Prevention and Services Act, safety and health problems that have centrated its efforts. Death rates have the Older Americans Act of 1965, and gone unaddressed by the P.O., some of fallen by 61% in construction and 67% the Public Health Service Act to en- which have been laid out by Senator in manufacturing. Injury rates have sure that older women are protected ENZI this morning. Unfortunately, un- dropped by half in construction, and from institutional, community, and do- like every other private sector em- nearly one-third in manufacturing. mestic violence and sexual assault and ployee in America, Postal Service Clearly, OSHA works best where it to improve outreach efforts and other workers do not have the benefit, or the works hardest. services available to older women vic- protections of the OSHA Act. While the Unfortunately, these efforts do not timized by such violence, and for other Postal Service has some internal mech- apply to federal agencies. The original purposes; to the Committee on Labor anisms for addressing employee inju- OSHA statute required only that fed- and Human Resources. ries most would find these to be inad- eral agencies provide ‘‘safe and health- OLDER WOMEN’S PROTECTION FROM VIOLENCE equate to protect employees and to ful places and conditions of employ- ACT OF 1998 help the Postal Service provide a safer ment’’ to their employees. Specific ∑ Mr. DURBIN. Mr. President, today I workplace. This legislation should be OSHA safety and health rules did not introduce this legislation with my dis- welcomed by all who care about worker apply. tinguished colleague from Maine, Sen- safety and health and I believe the In 1980, President Carter issued an ator COLLINS. Unfortunately for some, Postal Service does care. Executive Order that solved this prob- domestic violence is a life long experi- As my colleagues know, the Postal lem in part. It directed federal agencies ence. Those who perpetrate violence Service is one of the largest U.S. em- to comply with all OSHA safety stand- against their family members do not ployers. Over the past several years it ards, and it authorized OSHA to in- desist because the family member has gone through a series of reorga- spect workplaces and issue citations grows older. In fact, in some cases, the nizations and restructuring to improve for violations. abuse may become more severe as the the quality of the service it provides. I President Carter’s action was an im- victim ages becoming more isolated commend the Postal Service for many portant step, but more needs to be from the community with their re- of these initiatives and appreciate the done. When OSHA inspects a federal moval from the workforce. Other age- service it provides to the people of my workplace and finds a safety violation, related factors such as increased frail- state. Like Senator ENZI, I do not OSHA can direct the agency to elimi- ty may increase a victim’s vulner- mean to single out the Postal Service nate the hazard. But OSHA has no au- ability. It also is true that older vic- with this legislation. However, because thority to seek enforcement of its tims’ ability to report abuse is fre- the Postal Service operates in essence order in court, and it cannot assess a quently confounded by their reliance like any other private business, I think financial penalty on the agency to ob- on their abuser for care or housing. it is appropriate to expect that it com- tain compliance. Every seven minutes in Illinois, there

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5437 is an incidence of elder abuse. Several Another common problem is differen- medical and social problem, many ad- research studies have shown that elder tiating between injuries related to vocates in the domestic violence com- abuse is the most under reported famil- abuse and injuries arising from aging, munity believe that it receives insuffi- ial crime. It is even more under re- frailty or illness. Too many older wom- cient attention in the curricula of most ported than child abuse with only been’s broken bones have been attributed schools of medicine or other health tween one in eight and one in fourteen to disorientation, osteoporosis or other professional training institutions. Dr. incidents estimated to be reported. age-related vulnerabilities without any Jane Jackman, past president of the Il- Seniors who experience abuse worry questions being asked to make sure linois State Medical Society noted last they will be banished to a nursing that they are not the result of abuse. year ‘‘Doctors are finding that the home if they report abuse. They also Title III reauthorizes the very impor- problem is under-recognized. Elder must struggle with the ethical di- tant Elder Rights programs contained abuse or maltreatment is growing in lemma of reporting abuse by their chil- within the Older Americans Act. These significance as a factor in trauma, hos- dren to the authorities and thus in- programs provide seed money for state pital admissions, rising costs of long creasing their child’s likelihood of elder abuse programs. Included here is term care and, ultimately, deaths.’’ going to jail. Shame and fear gag them the Long-term-care Ombudsman pro- Title III of this bill directs the Assist- so that they remain ‘‘silent victims.’’ gram that monitors nursing homes and ant Secretary of Aging to collaborate Domestic violence programs have a investigates reports of abuse in such with other Departments of Health and moral and ethical responsibility to pro- institutions. Human Services and the National In- vide services to individuals of any age Most domestic abuse shelters are stitute of Aging to update and improve who are the victims of domestic abuse. filled with young families. The staff curricula for both training and retrain- Yet most domestic violence programs and volunteers are predominantly ing of health professionals and others see only a few older women a year. younger than 50 years old. The recre- in the area of elder domestic abuse. That is not to say that the domestic vi- ation calendar has activities for young These curricula would be made avail- olence service providers actively dis- women and children. Discussions at able to educational institutions in- criminate against older victims. Anal- support groups can be dominated by volved in training health professionals. ysis of the few studies that do exist of younger women talking about their Title IV would amend the Area Health elder domestic abuse indicate that the children, child care and custody. Many Education Center and Geriatric Edu- vast majority do not themselves seek domestic abuse shelters are not readily cation Centers funded through the to access existing services. There may accessible to those who are less mobile. Health Professionals Education Act to be many reasons for this. The images For instance, some may not be acces- allow them to use funds for training portrayed in the media of the victims sible via the ground floor. Moving from and retraining health professionals in of domestic violence generally depict a your home into a shelter is always a elder domestic abuse. young woman, with small children. traumatic event. However, it may be The last title of the bill, Title V, ex- Seniors suffering domestic abuse may even harder for those who find them- amines the issue of financial exploi- not readily identify with these images selves in surroundings so unfamiliar tation of seniors. Take the case of and, therefore, may not see those serv- and so totally oriented to a different Helen (not her real name) reported in ices as being for them. Other cultural age group. In my home state of Illinois, the Chicago Tribune last year. Helen barriers may also exist. Many older there are only two centers that focus was a 66-year-old mother and grand- women were raised to believe that fam- on the shelter needs of seniors. One is mother from DuPage County. Early in ily business is a private matter. Prob- the Center for Prevention of Abuse in 1997, Helen lost $90,000 and even access lems within families were not to be dis- Peoria, the other is the Swan center in to her own kitchen due to the actions cussed with anyone, especially strang- Olney, which has a comprehensive of her daughter. Helen describes how ers or counselors. Only a handful of do- elder protective services program. she felt like a P.O.W. Helen had agreed mestic abuse programs throughout the Title III seeks to address this shortage to pool resources with her daughter country are reaching out to older by encouraging expanded access to do- and son-in-law and buy a house where women. mestic violence shelters that cater to all of them would live; the deal seemed This legislation seeks to improve the needs of older individuals. like a win-win proposition. Unbe- current federal family violence pro- This bill seeks to help foster collabo- knownst to Helen, most of the money grams, such as The Violence Against ration between the aging networks and went to pay off her son-in-law’s debts. Women Act (VAWA) and Family Vio- domestic violence coalitions. Through- Soon the young couple asked Helen for lence Prevention Services Act out the United States, through the thousands more and $300 in monthly (FVPSA), to make them more sensitive Older Americans Act, a variety of pro- rent. Shortly after this, her daughter to the needs of the nations seniors. grams seek to serve seniors in their had construction done on the house Title I of this bill promotes the inclu- communities. Home-delivered meals which put a new wall between Helen’s sion of elder abuse cases in law school and other services provide an oppor- bedroom and the kitchen, blocking her clinics and training for law enforce- tunity for seniors to interact with indi- way to the kitchen and forcing her to ment in the identification and referral viduals outside their own homes. In- prepare her food in the bathroom. of older victims of domestic violence or creasing the knowledge of such care Eventually, Helen found herself in a elder abuse to services. Title II allows providers in how to identify and refer shelter. She now lives in a government FVPSA grant funds to be used for out- victims of domestic violence would subsidized apartment. reach to older individuals. We know likely provide much-needed relief to The Illinois Department of Aging and that great improvements have taken many of these individuals. Title III of other elder abuse service providers will place since VAWA was first passed. One this bill contains a ‘‘Community Initia- attest to the fact that Helen is not of the most successful programs is the tives and Outreach’’ grants program to alone in experiencing such financial ex- law enforcement training program, help coordinate both public and private ploitation. Of the 5,833 reports of elder which received $200 million in FY 1998. efforts in elder domestic abuse preven- abuse in Illinois in 1997, nearly half However, improvement can be made tion and treatment. Fostering commu- (44.6%) were reports of financial exploi- with respect to identifying abuse nication between these two groups has tation. Statistics compiled by the Illi- among all age groups. When the abuser the potential of dramatically increas- nois Department on Aging show that is old, there may be a reticence on the ing the number of individuals that are the majority of financial abuse victims part of law enforcement to deal with sensitive to these issues of abuse and, are female and that most have a func- this person in the same way that they also, to increase the number of individ- tional impairment, such as Alzheimer’s might deal with a younger person. Who uals who are served by domestic vio- disease. For some, financial exploi- wants to send an ‘‘old guy’’ to jail? lence programs generally. tation may at times be accompanied by However, lack of action jeopardizes the Family violence is one of the most physical abuse or the threat of physical victim further because then the abuser common causes of disease and distress abuse or other form of coercion. The has every reason to believe that there seen by physicians. In spite of its exist- states Attorneys General have efforts are no consequences for their actions. ence as a pervasive and debilitating underway to examine this area and are

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5438 CONGRESSIONAL RECORD — SENATE May 22, 1998 cooperating in sharing information on TITLE IV—PUBLIC HEALTH SERVICE ACT ‘‘Subtitle H—Elder Abuse, Neglect, and Ex- ploitation, Including Domestic Violence how best to deal with such abuse. Fi- Sec. 401. Area health education centers. nancial exploitation is probably more and Sexual Assault Against Older Individ- Sec. 402. Geriatric centers and training. complex and sometimes more difficult uals to detect than other forms of abuse. TITLE V—FINANCIAL EXPLOITATION OF ‘‘SEC. 40801. DEFINITIONS. Therefore, we are proposing a study by OLDER INDIVIDUALS ‘‘In this subtitle: ‘‘(1) IN GENERAL.—The terms ‘elder abuse, experts in the field to more comprehen- Sec. 501. Study and report. neglect, and exploitation’, ‘domestic vio- sively analyze the problem and to SEC. 2. FINDINGS. lence’, and ‘older individual’ have the mean- make recommendations for future ac- ings given the terms in section 102 of the tions. Congress finds that— Older Americans Act of 1965 (42 U.S.C. 3002). (1) of the estimated more than 1,000,000 per- With the greying of America, the ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual sons age 65 and over who are victims of abuse problems of elder domestic abuse in all assault’ has the meaning given the term in each year, at least two-thirds are women; section 2003 of the Omnibus Crime Control its many ugly manifestations, is likely (2) in almost 9 out of 10 incidents of domes- to grow. I believe that we need to take and Safe Streets Act of 1968 (42 U.S.C. 3796gg– tic elder abuse and neglect, the perpetrator 2). a comprehensive look at our existing is a family member and adult children of the ‘‘SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS family violence programs and ensure victims are the largest category of perpetra- ON ELDER ABUSE, NEGLECT, AND that these and other programs that tors and spouses are the second largest cat- EXPLOITATION. serve seniors are sensitive and knowl- egory of perpetrators; ‘‘The Attorney General shall make grants edgeable of elder domestic abuse. I am (3) the number of reports of elder abuse in to law school clinical programs for the pur- the United States increased by 150 percent pleased that Senators AKAKA, poses of funding the inclusion of cases ad- between 1986 and 1996 and is expected to con- dressing issues of elder abuse, neglect, and MOSELEY-BRAUN, HARKIN, MIKULSKI, tinue growing; exploitation, including domestic violence, WELLSTONE, DODD, KOHL, WARNER, (4) it is estimated that at least 5 percent of and sexual assault, against older individuals. BOXER, GRAHAM, CLELAND, LANDRIEU, the Nation’s elderly are victims of moderate ‘‘SEC. 40803. TRAINING PROGRAMS FOR LAW EN- REID, TORRICELLI and FAIRCLOTH have to severe abuse and that the rate for all FORCEMENT OFFICERS. all joined Senator COLLINS and myself forms of abuse may be as high as 10 percent; ‘‘The Attorney General shall develop cur- in introducing this bill, and I hope that (5) elder abuse is severely underreported, ricula and offer, or provide for the offering many more will join us in this effort to with 1 in 5 cases being reported in 1980 and 1 of, training programs to assist law enforce- in 8 cases being reported today; ment officers, prosecutors, and relevant offi- focus attention on the needs of the (6) based on site-specific information from ‘‘forgotten older victims of domestic cers of Federal, State, tribal, and local the Indian Health Service, the rate of trau- courts in recognizing, addressing, inves- violence.’’ ma and violence faced by Indian women tigating, and prosecuting instances of elder Mr. President, I ask unanimous con- could be considered to be epidemic; abuse, neglect, and exploitation, including sent that the text of the bill be printed (7) elder abuse takes on many forms, in- domestic violence, and sexual assault, the the RECORD. cluding physical abuse, sexual abuse, psycho- against older individuals. There being no objection, the bill was logical (emotional) abuse, neglect (intended ‘‘SEC. 40804. AUTHORIZATION OF APPROPRIA- ordered to be printed in the RECORD, as or unintended), and financial exploitation; TIONS. follows: (8) many older persons, particularly women ‘‘There are authorized to be appropriated and minorities, fail to report abuse because S. 2114 such sums as may be necessary to carry out of shame or as a result of prior unsatisfac- this subtitle.’’. Be it enacted by the Senate and House of Rep- tory experiences with individual agencies or resentatives of the United States of America in TITLE II—FAMILY VIOLENCE PREVENTION others who lacked sensitivity to the con- AND SERVICES ACT Congress assembled, cerns or needs of older people; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (9) the lack of culturally relevant elder SEC. 201. DEFINITIONS. (a) SHORT TITLE.—This Act may be cited as abuse services for Indian women makes ac- Section 309 of the Family Violence Preven- the ‘‘Older Women’s Protection From Vio- cess to shelter and other services difficult tion and Services Act (42 U.S.C. 10408) is lence Act of 1998’’. and often impossible for some Indian women; amended by adding at the end the following: (b) TABLE OF CONTENTS.—The table of con- (10) many older persons fail to report abuse ‘‘(7) The term ‘elder domestic abuse’ means tents for this Act is as follows: because they are dependent on their abusers domestic violence, as defined in section 102 Sec. 1. Short title; table of contents. and fear being abandoned or institutional- of the Older Americans Act of 1965 (42 U.S.C. Sec. 2. Findings. ized; 3002), against an older individual, as defined in such section.’’. TITLE I—VIOLENCE AGAINST WOMEN (11) the lack of access to telephones, law ACT OF 1994 enforcement, and health services in remote SEC. 202. DOMESTIC ABUSE SERVICES FOR areas, including Indian reservations, makes OLDER INDIVIDUALS. Sec. 101. Elder abuse, neglect, and exploi- Section 311(a) of the Family Violence Pre- access to relief from elder abuse particularly tation. vention and Services Act (42 U.S.C. 10410(a)) difficult for some populations; TITLE II—FAMILY VIOLENCE is amended— (12) public and professional awareness and PREVENTION AND SERVICES ACT (1) in paragraph (4), by striking ‘‘and’’ at identification of elder abuse is difficult be- the end; Sec. 201. Definitions. cause older persons are not tied into many (2) in paragraph (5), by striking the period Sec. 202. Domestic abuse services for older social networks (such as schools or jobs), and at the end and inserting ‘‘; and’’; and individuals. may become isolated in their homes, which Sec. 203. State grants. (3) by adding at the end the following: can increase the risk of elder abuse; Sec. 204. Demonstration grants for commu- ‘‘(6) work with domestic violence programs (13) the Department of Justice does not in- nity initiatives. to encourage the development of programs, clude age as a category for criminal statis- Sec. 205. Study regarding health profes- including outreach, support groups, and tics reporting; sional training with respect to counseling, targeted to victims of elder do- (14)(A) there are relatively few statistics detection and referral of vic- mestic abuse.’’. tims of family violence. and research studies regarding violence against older women, and even less is known SEC. 203. STATE GRANTS. TITLE III—OLDER AMERICANS ACT OF about the incidence of violence against In- Section 303(a)(2)(C) of the Family Violence 1965 dian women; and Prevention and Services Act (42 U.S.C. Sec. 301. Definitions. (B) there is no national data base regard- 10402(a)(2)(C)) is amended by inserting ‘‘age,’’ Sec. 302. Research about the sexual assault ing violence against Indian women; and after ‘‘because of’’. of women who are older individ- (15) older persons would greatly benefit SEC. 204. DEMONSTRATION GRANTS FOR COMMU- uals. from policies that develop, strengthen, and NITY INITIATIVES. Sec. 303. State Long-Term Care Ombudsman implement programs for the prevention of Section 318(b)(2)(F) of the Family Violence program. abuse, including neglect and exploitation, Prevention and Services Act (42 U.S.C. Sec. 304. Domestic violence shelters and pro- and provide related assistance for victims. 10418(b)(2)(F)) is amended by inserting ‘‘and grams for older individuals. adult protective services entities’’ before the Sec. 305. Authorization of appropriations. TITLE I—VIOLENCE AGAINST WOMEN ACT semicolon. Sec. 306. Community initiatives and out- OF 1994 SEC. 205. STUDY REGARDING HEALTH PROFES- reach. SIONAL TRAINING WITH RESPECT Sec. 307. Training for health professionals, SEC. 101. ELDER ABUSE, NEGLECT, AND EXPLOI- TO DETECTION AND REFERRAL OF and other providers of services TATION. VICTIMS OF FAMILY VIOLENCE. to older individuals, on screen- The Violence Against Women Act of 1994 The Family Violence Prevention and Serv- ing for elder abuse, neglect, and (108 Stat. 1902) is amended by adding at the ices Act (42 U.S.C. 10401 et seq.) is amended exploitation. end the following: by adding at the end the following:

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5439 ‘‘SEC. 319. STUDY REGARDING HEALTH PROFES- SEC. 302. RESEARCH ABOUT THE SEXUAL AS- exploitation, including domestic violence, SIONAL TRAINING WITH RESPECT SAULT OF WOMEN WHO ARE OLDER and sexual assault, against older individuals. TO DETECTION AND REFERRAL OF INDIVIDUALS. VICTIMS OF FAMILY VIOLENCE. Section 202(d)(3)(C) of the Older Americans ‘‘(b) AWARD REQUIREMENT.—In awarding ‘‘(a) IN GENERAL.—The Secretary shall re- Act of 1965 (42 U.S.C. 3012(d)(3)(C)) is amend- grants under subsection (a) the Assistant quest that the Institute of Medicine of the ed— Secretary shall take into consideration— National Academy of Sciences, in collabora- (1) by striking ‘‘and’’ at the end of clause ‘‘(1) State and tribal efforts to carry out tion with the Family Violence Prevention (i); the activities described in such subsection; Fund, conduct a study of the adequacy of (2) by striking the period at the end of and training for health professionals with respect clause (ii) and inserting ‘‘; and’’; and ‘‘(2) encouraging coordination among the to the detection and referral of victims of (3) by adding at the end the following: State and tribal efforts, State adult protec- family violence. ‘‘(iii) in establishing research priorities tive service activities, and activities of pri- ‘‘(b) PURPOSE OF STUDY.—The study con- under clause (i), consider the importance of vate nonprofit organizations. ducted under this section shall— research about the sexual assault of women ‘‘(1) determine the number of teaching in- ‘‘SEC. 762. OUTREACH TO OLDER INDIVIDUALS. who are older individuals.’’. stitutions that incorporate training for SEC. 303. STATE LONG-TERM CARE OMBUDSMAN ‘‘(a) IN GENERAL.—The Assistant Secretary health professionals in the area of domestic PROGRAM. shall make grants to develop and implement violence and elder abuse; Section 303(a)(1) of the Older Americans outreach programs directed toward assisting ‘‘(2) assess whether when such training is Act of 1965 (42 U.S.C. 3023(a)(1)) is amended older individuals who are victims of elder available, the training is adequate for both by inserting before the period the following: abuse, neglect, and exploitation (including detection and referral of victims of domestic ‘‘, except that for grants to carry out section domestic violence, and sexual assault, violence and elder abuse; and 321(a)(10), there are authorized to be appro- against older individuals), including pro- ‘‘(3) examine whether increased training is priated such sums as may be necessary with- grams directed toward assisting the individ- needed with respect to detection of domestic out fiscal year limitation’’. uals in senior housing complexes, nursing violence and elder abuse. SEC. 304. DOMESTIC VIOLENCE SHELTERS AND homes, board and care facilities, and senior ‘‘(c) RECOMMENDATIONS.—The Secretary PROGRAMS FOR OLDER INDIVID- centers. shall ensure that the Institute of Medicine, UALS. ‘‘(b) AWARD REQUIREMENT.—In awarding in consultation with the Family Violence Section 422(b) of the Older Americans Act grants under subsection (a) the Assistant Prevention Fund and based on the results of of 1965 (42 U.S.C. 3035a(b)) is amended— Secretary shall take into consideration— the study under this section, develops rec- (1) by striking ‘‘and’’ at the end of para- ‘‘(1) State and tribal efforts to develop and ommendations for improvements in training graph (11); implement outreach programs described in for health professionals with respect to de- (2) by striking the period at the end of such subsection; and tection and referral of victims of family vio- paragraph (12) and inserting a semicolon; and ‘‘(2) encouraging coordination among the lence, through legislative or nonlegislative (3) by adding at the end the following: State and tribal efforts, State adult protec- means. ‘‘(13) expand access to domestic violence ‘‘(d) FACTORS FOR CONSIDERATION.—In de- tive service activities, and activities of pri- shelters and programs, including mental veloping the recommendations described in vate nonprofit organizations. health services, for older individuals and en- subsection (c), the Secretary shall ensure courage the use of senior housing, nursing ‘‘SEC. 763. AUTHORIZATION OF APPROPRIATIONS. that Institute of Medicine— homes, or other suitable facilities or services ‘‘(1) examines whether preferences, in fed- ‘‘There are authorized to be appropriated when appropriate as emergency short-term erally funded educational programs for med- to carry out this subtitle such sums as may shelters or measures for older individuals ical educational entities that include domes- be necessary without fiscal year limita- who are the victims of elder abuse, including tic violence and elder abuse training in the tion.’’. domestic violence, and sexual assault, curricula of the entities, are effective in pro- against older individuals; and SEC. 307. TRAINING FOR HEALTH PROFES- viding an incentive for incorporation of such ‘‘(14) promote research on legal, organiza- SIONALS, AND OTHER PROVIDERS training in the curricula; tional, or training impediments to providing OF SERVICES TO OLDER INDIVID- ‘‘(2) determines whether there are other UALS, ON SCREENING FOR ELDER services to older individuals through shelters legislative means that may be effective in ABUSE, NEGLECT, AND EXPLOI- and programs, such as impediments to provi- encouraging the training described in para- TATION. sion of the services in coordination with de- graph (1), such as grant programs for cur- livery of health care or senior services.’’. Section 411 of the Older Americans Act of riculum development; and 1965 (42 U.S.C. 3031) is amended by adding at SEC. 305. AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) determines an appropriate level of the end the following: (a) OMBUDSMAN PROGRAM.—Section 702(a) funding for any such grant program rec- of the Older Americans Act of 1965 (42 U.S.C. ‘‘(f)(1) The Assistant Secretary for Aging ommended. ‘‘(e) REPORT.—The Secretary shall ensure 3058a(a)) is amended to read as follows: shall, in consultation with the Assistant that, not later than 12 months after the date ‘‘(a) OMBUDSMAN PROGRAM.—There are au- Secretary for Children and Families, the of enactment of the Older Women’s Protec- thorized to be appropriated to carry out Surgeon General, the Indian Health Service, tion From Violence Act of 1998, a report con- chapter 2 such sums as may be necessary the Director of the National Institute on cerning the study conducted under this sec- without fiscal year limitation.’’. Aging, the Family Violence Prevention (b) ELDER ABUSE PREVENTION PROGRAM.— Fund, the National Center on Elder Abuse, tion is prepared by the Institute of Medicine Section 702(b) of the Older Americans Act of and submitted to Congress.’’. the National Coalition Against Domestic Vi- 1965 (42 U.S.C. 3058a(b)) is amended to read as olence, and other specialists working in the TITLE III—OLDER AMERICANS ACT OF follows: 1965 areas of domestic violence against seniors ‘‘(b) PREVENTION OF ELDER ABUSE, NE- and elder abuse, update and improve cur- SEC. 301. DEFINITIONS. GLECT, AND EXPLOITATION.—There are au- ricula and implement continuing education Section 102 of the Older Americans Act of thorized to be appropriated to carry out training programs for adult protective serv- 1965 (42 U.S.C. 3002) is amended by adding at chapter 3 such sums as may be necessary ice workers, persons carrying out a State the end the following: without fiscal year limitation.’’. ‘‘(45) The term ‘domestic violence’ means Long-Term Care Ombudsman program, SEC. 306. COMMUNITY INITIATIVES AND OUT- health care providers (including home health an act or threat of violence, not including an REACH. act of self defense, committed— Title VII of the Older Americans Act of care providers) and mental health providers ‘‘(A) by a current or former spouse of the 1965 (42 U.S.C. 3058 et seq.) is amended— (including specialists), social workers, cler- victim; (1) by redesignating subtitle C as subtitle gy, domestic violence service providers, and ‘‘(B) by a person related by blood or mar- D; other community-based social service pro- riage to the victim; (2) by redesignating sections 761 through viders in settings, including senior centers, ‘‘(C) by a person who is cohabiting with or 764 as sections 771 through 774, respectively; adult day care facilities, nursing homes, has cohabited with the victim; and board and care facilities, senior housing, and ‘‘(D) by a person with whom the victim (3) by inserting after subtitle B the fol- the homes of older individuals, to improve shares a child in common; lowing: the ability of the persons using the curriculum and training programs to recognize ‘‘(E) by a person who is or has been in the ‘‘Subtitle C—Community Initiatives and social relationship of a romantic or intimate and address instances of elder abuse, neglect, Outreach and exploitation, including domestic vio- nature with the victim; or ‘‘SEC. 761. COMMUNITY INITIATIVES TO COMBAT ‘‘(F) by a person similarly situated to a lence, and sexual assault, against older indi- ELDER ABUSE, NEGLECT, AND EX- viduals. spouse of the victim, or by any other person, PLOITATION. if the domestic or family violence laws of the ‘‘(a) IN GENERAL.—The Assistant Secretary ‘‘(2) In carrying out paragraph (1), the As- jurisdiction of the victim provide for legal shall make grants to nonprofit private orga- sistant Secretary shall develop and imple- protection of the victim from the person. nizations or tribal organizations to support ment separate curricula and training pro- ‘‘(46) The term ‘sexual assault’ has the projects in local communities, involving di- grams for medical students, physicians, men- meaning given the term in section 2003 of the verse sectors of each community, to coordi- tal health providers, physician assistants, Omnibus Crime Control and Safe Streets Act nate activities concerning intervention in nurse practitioners, nurses, and social work- of 1968 (42 U.S.C. 3796gg–2).’’. and prevention of elder abuse, neglect, and ers.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5440 CONGRESSIONAL RECORD — SENATE May 22, 1998 ‘‘(3) In carrying out paragraph (1), the As- (1) define and describe the scope of the fend themselves. Our recognition of sistant Secretary shall provide information problem of financial exploitation of older in- this has led to an aggressive and ongo- about the curricula and training programs to dividuals; ing campaign against child abuse, and entities described in sections 791(c)(2) and (2) conduct a survey of financial institu- it must lead to an equally strong re- 860(f)(2) of the Public Health Service Act (42 tions in order to obtain— U.S.C. 295j(c)(2) and 298b–7(f)(2)) that seek (A) an estimate of the number and type of sponse to domestic violence directed at grants or contracts under title VII or VIII of financial transactions that are considered by older Americans. For that reason, I am such Act.’’. those institutions to constitute financial ex- honored to rise today to cosponsor the TITLE IV—PUBLIC HEALTH SERVICE ACT ploitation of older individuals; and Older Women’s Protection from Vio- SEC. 401. AREA HEALTH EDUCATION CENTERS. (B) a detailed description of the types and lence Act, legislation introduced by my Subparagraphs (D) and (E) of section characteristics of risk faced by elderly cus- distinguished colleague from Illinois, 746(d)(2) of the Public Health Service Act (42 tomers with respect to financial exploi- Senator DURBIN, and I commend Sen- U.S.C. 293j(d)(2) are each amended by insert- tation; ator DURBIN for his leadership in this ing ‘‘, which may include training in domes- (3) examine whether Federal, State, and area. tic violence and elder abuse screening and tribal laws and regulatory practices are ade- Mr. President, at a 1995 hearing in referral protocols’’ before the semicolon. quate to protect older individuals from fi- Portland, Maine, chaired by my prede- nancial exploitation; and SEC. 402. GERIATRIC CENTERS AND TRAINING. cessor, Senator Cohen, elder abuse was (a) GERIATRIC EDUCATION CENTERS.—Sec- (4) examine the extent to which a better tion 777(a)(4) of the Public Health Service public understanding of Federal, State, and aptly described as ‘‘society’s secret Act (42 U.S.C. 294o(a)(4)) is amended by in- tribal laws would help to prevent financial shame.’’ Family violence, particularly serting ‘‘, including training and retraining exploitation of older individuals, including when directed at the elderly, was a of faculty to provide instruction regarding an examination regarding whether improved major concern of Senator Cohen, and I identification and treatment of older indi- training of officers, employees, and agents of welcome the opportunity to continue viduals who are the victims of domestic vio- financial institutions concerning their re- his efforts to combat this intolerable lence and elder abuse’’ before the semicolon. sponsibilities under section 1103 of the Right mistreatment of older Americans. (b) GERIATRIC TRAINING REGARDING PHYSI- to Financial Privacy Act of 1978 (12 U.S.C. Mr. President, earlier this month my CIANS AND DENTISTS.—Section 777(b)(2)(D) of 3403) would help to combat the problem of fi- home state released its crime statistics the Public Health Service Act (42 U.S.C. nancial exploitation of older individuals. 294o(b)(2)(D)) is amended— (e) RECOMMENDATIONS.— for 1997. I was cheered by the wonderful (1) by striking ‘‘and exposure’’ and insert- (1) IN GENERAL.—Based on the results of news that crime fell by 8.7% from 1996, ing ‘‘, exposure’’; and the study under this section, the Secretary, to the lowest rate in at least 20 years. (2) by inserting ‘‘, and screening for elder in consultation with the Attorney General Hidden behind this positive statistic, abuse and domestic abuse,’’ after ‘‘of elderly and State attorneys general, shall develop however, was one that was very dis- individuals’’. recommendations for legislative or other ac- quieting, namely, that domestic vio- TITLE V—FINANCIAL EXPLOITATION OF tion to prevent the financial exploitation of lence increased by 7.8%. Ironically, at OLDER INDIVIDUALS older individuals. the same time as we are becoming less SEC. 501. STUDY AND REPORT. (2) FACTORS FOR CONSIDERATION.—In devel- likely to be harmed by strangers, many oping the recommendations under paragraph (a) DEFINITIONS.—In this section— of our neighbors face an increasing (1) the term ‘‘financial exploitation’’ (1), the Secretary shall— means any fraud, coercion, or other conduct (A) balance the needs of older individuals threat from members of their own by a caregiver, family member, or fiduciary to be free from financial exploitation with households. that constitutes a violation of any Federal, their need for financial privacy, and their National data demonstrate that cases State, or tribal law, including any legally right against self-incrimination; of domestic elder abuse, which includes enforceable professional standard applicable (B) consider the most effective and least neglect as well as physical abuse, are to any profession or occupation; intrusive legislative solutions to combat the steadily increasing. From 1986 to 1996, (2) the term ‘‘financial institution’’ has the problem of financial exploitation of older in- the number of cases went from 117,000 meaning given the term in section 1101 of the dividuals; to 293,000, an increase of 150%. Further- Right to Financial Privacy Act of 1978 (12 (C) with respect to the reporting of more, there is widespread agreement U.S.C. 3401); incidences of financial exploitation of older (3) the term ‘‘older individual’’ has the individuals, consider— that this type of abuse is greatly meaning given the term in section 102 of the (i) the appropriate Federal, State, or tribal underreported. For example, although Older Americans Act of 1965 (42 U.S.C. 3002); agency to which such incidences should be the number of reported cases in 1994 and reported, and the means by which a financial was 241,000, the National Center on (4) the term ‘‘Secretary’’ means the Sec- institution would obtain information regard- Elder Abuse estimates that the true retary of the Treasury. ing the manner in which to report such an number of cases was 818,000. (b) STUDY.—The Secretary, in consultation incidence; and Mr. President, while these numbers with the Attorney General of the United (ii) whether there should be limitations on States, State attorneys general, and tribal indicate a serious and growing prob- the authority of a financial institution to lem, all of the statistics in the world and local prosecutors, shall conduct a study disclose information relating to an older in- of the nature and extent of financial exploi- dividual who is a customer of the financial do not describe the problem as elo- tation of older individuals. institution in order to combat the problem quently as the words of a single victim. (c) CONSULTATION.—In conducting the of financial exploitation of older individuals, At the Maine hearing, one such victim study under this section, the Secretary shall including limitations on— told what happened to her at the hands solicit comments and information from— (I) the number of times such a disclosure of her husband after her children left (1) senior citizen advocacy groups; may be made; (2) law centers specializing in elder law; home. (II) the number and type of governmental (3) financial institutions; [T]hings got really bad. I had two broken or tribal agencies to which such a disclosure (4) elder abuse coalitions; wrists, cracked ribs, held down with his knee may be made; and (5) privacy experts; on my chest with a knife at my throat. I was (III) the duration of the authority of the fi- (6) providers of adult protective services; made to crawl across the floor with a gun nancial institution to make such a disclo- (7) Indian tribes, the Director of Indian resting on my head, ready to fire. I’ve been sure; and Health Service of the Department of Health choked until I was limp, and then he would (D) whether there is a need for adult pro- and Human Services, and the Commissioner drop me on the floor with a kick. I’ve been tective services to combat such exploitation. spit on, thrown through a window, dragged of Indian Affairs of the Department of the (f) REPORT.—Not later than 18 months after Interior; into the lake as he said he was going to the date of enactment of this Act, the Sec- drown me. (8) State Long-Term Care Ombudsmen de- retary shall submit to Congress a report, scribed in the Older Americans Act of 1965 (42 which shall include— Astonishingly, but not atypically, the U.S.C. 3001 et seq.); (1) the results of the study conducted witness was married to her husband for (9) area agencies on aging (as defined in under this section, including an analysis of 44 years. section 102 of the Older Americans Act of the extent of the problem of financial exploi- Compounding the physical abuse suf- 1965 (42 U.S.C. 3002)); tation of older individuals; and fered by elderly victims of violence is (10) recipients of grants under title VI of (2) the recommendations developed under the sense of being trapped. Again, one the Older Americans Act of 1965 (42 U.S.C. subsection (e).∑ of the witnesses at the Portland hear- 3057 et seq.); and ∑ (11) other service providers. Ms. COLLINS. Mr. President, there is ing described this far more effectively (d) PURPOSE OF STUDY.—In conducting the no conduct less consistent with the than I can. study under this section, the Secretary precepts of a civilized society than the People ask why I remained under such cir- shall— physical abuse of those unable to de- cumstances. It was fear that kept me

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5441 there.... I had been on an island for eight tered older women. Such services in- vent that, and I trust that my col- years. Where would I go? I had no money, no clude outreach, support, and coun- leagues will support us in the effort.∑ home, no job, and no credit. Although I had seling. It also enhances their access to left good jobs to follow him from job to job, domestic violence shelters, something By Mr. ROCKEFELLER (for him- at age 60 who would hire me? Health insur- self and Ms. MIKULSKI): ance was my greatest concern. that can mean the difference between life and death in some cases. I should S. 2115. A bill to amend title 38, With a dependence on the abuser for fi- emphasize that the provision of these United States Code, to establish a nancial support and physical care, with services will be largely at the local scholarship program and an education a long history of emotional ties to that level, with financial assistance from loan debt reduction program to facili- person, with the fear of being held up the federal government. tate the employment of primary care to ridicule, and with a sense of hope- Mr. President, in a prior position, I and other health care professional by lessness about finding a way out of the managed a state agency that has as the Veterans Health Administration, predicament, it is hardly surprising one of its principal mandates that pro- and for other purposes; to the Com- that the elderly victim is often reluc- tection of Maine people, many of them mittee on Veterans’ Affairs. tant to report domestic assaults. elderly, from fraud and other financial DEPARTMENT OF VETERANS AFFAIRS PRIMARY Domestic violence against older abuses. Thus, I am especially pleased CARE PROVIDERS INCENTIVE ACT OF 1998 ∑ Mr. ROCKEFELLER. Mr. President, I women is a complex problem about that in addition to addressing violence am pleased today to introduce the fol- which we still lack adequate informa- against older women, this bill seeks to lowing legislation, ‘‘The Department of tion. This has led to some erroneous shed light on a problem affecting the Veterans Affairs Primary Care Pro- assumptions. For example, it had been elderly that has received even less at- viders Incentive Act of 1998.’’ This leg- thought that assaults against the el- tention, namely, their financial exploi- islation is intended to revitalize the derly usually result from caregiver tation by a caregiver or family mem- VA’s Health Professionals Education stress, but while this is a factor, its ef- ber. Assistance Program, thereby reducing fect now appears to have been over- Two cases discussed at the Maine waste, targeting primary care profes- stated. Indeed, according to a recent hearing illustrate my point. In one, an sions and under-served areas, and mak- report, ‘‘[a]busers are not identical in elderly gentleman from southern ing the VA more competitive with pri- their behavior or their assumptions Maine went without food because his vate employers for skilled personnel. I about abusive conduct.’’ As the report two nephews were stealing his money. am pleased to be joined by my re- points out, this means that a ‘‘cookie Yet, he refused to send them away be- spected colleague from Maryland, Sen- cutter’’ approach will not solve the cause they were ‘‘family.’’ In the sec- ator MIKULSKI, in this effort. I urge our problem. ond case, a 75-year old eastern Maine colleagues to join us in supporting this Furhter complicating our efforts to woman returned from the hospital legislation. deal with domestic violence against after a severe stroke to find that her older women are the conflicting feel- The VA health care system is in the daughter and son-in-law had changed midst of a major reorganization that is ings and desires of many of the vic- the locks on her house. The physical tims. It is quite common for the victim simultaneously reducing the current and emotional impact of the experience workforce and creating the need for to have a familial relationship with the was so great that she was unable to un- abuser, and thus, far more is likely to more primary care health profes- dertake the legal battle to reclaim her sionals. This reorganization has dra- be involved in dealing with these situa- home. tions that in dealing with an assault matically changed the way the VA de- This bill will shed light on this type livers health care, by shifting the em- committed by a stranger. For under- of abuse by requiring the Secretary of standable reasons, the older woman phasis to outpatient rather than inpa- the Treasury to conduct a study of the tient care. As part of this process, the may want to preserve the relationship nature and extent of financial exploi- Department of Veterans Affairs has set while ending the abuse. Finding effec- tation of older individuals. Our society a goal of doubling the number of pri- tive ways to accomplish this can be a simply cannot allow our senior citizens mary care providers in the VA health formidable challenge. who have labored hard to build up a care system, and we want to assist Mr. President, the legislation that nest egg to have it wrongfully taken them. There are two good ways to hire Senator DURBIN and I are introducing from them a the time they need it and keep highly skilled professionals— today recognizes that complex prob- most. offer incentives to current employees lems defy simple solutions. Thus, the Mr. President, interest in elder abuse to get training in new areas of need by Older Women’s Protection from Vio- did not begin in our country until the providing scholarships, and recruit new lence Act does not purport to contain a late 1980s, long after we began to focus primary care providers by offering as- magic bullet that will eliminate this on child abuse in the 1960s. This may be sistance in paying off student loans. reprehensible conduct, but rather looks because these cases are among the This legislation, which includes both a to a multi-faceted approach to address least likely to be reported. It may also scholarship program and an education a multi-faceted problem. Similarly, the be because our culture tends to worship debt reduction program, can help. bill does not offer revolutionary solu- youth, perhaps giving our older citi- The VA needs educational assistance tions; instead, its message is that the zens the sense that we care less about programs such as these to effectively time has come for society to roll up its them. In any case, this must change, recruit and retain trained primary care sleeves and engage in the hard work of not only because of demographic health professionals. In the VA hos- protecting those who have contributed trends, but also because it is right. pitals and clinics, some of the most dif- so much to our individual and collec- This bill will contribute to that ficult positions to fill are those of tive well-being. change by dealing specifically with do- nurse practitioners, physical thera- In keeping with the nature of the mestic violence against older women. pists, and occupational therapists. In problem, the legislation provides for In addition to providing services to the my home state of West Virginia, for ex- training those who are in a position to victims of this conduct, it funds re- ample, at one of the VA hospitals there identify cases of domestic violence search into various aspects of the prob- has been a vacancy for an occupational against older women. Consistent with lem to enhance our understanding and therapist for over twelve years! Two of the notion that we cannot stop or cor- improve our ability to respond. Our se- the VA hospitals have no physical rect what we do not discover, the pri- cret shame must not remain a secret. therapists at all. This is simply unac- mary recipients of that training would Mr. President, in 1996 the average age ceptable. be law enforcement officers and health of elder abuse victims was 78. There The plain fact is that the VA cannot professionals. In addition, the Attorney can be no justification for letting these offer the same starting salaries as General is authorized to make grants older Americans, who have reached the those available in private practice. The to law school clinical programs to in- point in life where they deserve peace, Education Debt Reduction Program include elder abuse cases. comfort, and respect, to be the victims cluded within the Primary Care Pro- The bill reauthorizes and expands of domestic violence or any other form viders Incentive Act gives the VA a fi- programs that provide services to bat- of abuse. This bill is designed to pre- nancial recruitment tool that will be

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5442 CONGRESSIONAL RECORD — SENATE May 22, 1998 an enormous help in making the ‘‘(2) must demonstrate financial need, as ‘‘(B) the agreement shall include the par- VAMCs more competitive for these determined under regulations prescribed by ticipant’s agreement to maintain employ- much-needed and highly skilled indi- the Secretary. ment, while enrolled in such course of edu- ‘‘(b) ELIGIBLE DEPARTMENT EMPLOYEES.— viduals. This program was first de- cation or training, as a Department em- For purposes of subsection (a), an eligible ployee permanently assigned to a Depart- signed by Senator MIKULSKI in 1993 in Department employee is any employee of the ment health-care facility. recognition of this very problem. It Department who, as of the date on which the ‘‘§ 7673. Scholarship was needed then, and it is still needed employee submits an application for partici- ‘‘(a) SCHOLARSHIP.—A scholarship provided now. pation in the Program, has been continu- to a participant in the Program for a school Recruitment is only half the problem ously employed by the Department for not year shall consist of payment of the tuition in building a new workforce that is less than two years. of the participant for that school year and ‘‘(c) QUALIFYING FIELDS OF EDUCATION OR geared toward providing primary care. payment of other reasonable educational ex- TRAINING.—A scholarship may be awarded penses (including fees, books, and laboratory Retention of trained people, especially under the Program only for education and expenses) for that school year. in the face of low morale due to budget training in a field leading to appointment or ‘‘(b) AMOUNTS.—The total amount of the cuts, is equally important. The schol- retention in a position under section 7401 of scholarship payable under subsection (a)— arship program in this legislation is de- this title. ‘‘(1) in the case of a participant in the Pro- ‘‘(d) PREFERENCE IN AWARD OF SCHOLAR- signed to answer this very need. Eligi- gram who is a full-time student, may not ex- SHIPS.—(1) Notwithstanding section 7603(d) of bility is limited to current VA employ- ceed $10,000 for any one year; and this title and subject to paragraph (2), in se- ‘‘(2) in the case of a participant in the Pro- ees, thus enabling VA to build staff lecting participants in the Program, the Sec- gram who is a part-time student, shall be the morale. The scholarship program pro- retary shall give preference to the following amount specified in paragraph (1) reduced in vides a means for vulnerable employees applicants, in the order specified: accordance with the proportion that the to protect themselves against future ‘‘(A) Applicants who are or will be pur- number of credit hours carried by the partic- suing a course of education or training in a RIFs by acquiring training in the new ipant in that school year bears to the num- field relating to the provision of primary areas of need. And, VA gets the work- ber of credit hours required to be carried by care health services, as designated by the force they need, composed of motivated a full-time student in the course of edu- Secretary. and loyal employees. cation or training being pursued by the par- ‘‘(B) Applicants who are employed at De- ticipant. Professional associations rep- partment health-care facilities located in resenting primary care health workers, ‘‘(c) LIMITATION ON YEARS OF PAYMENT.—(1) rural areas or at which there is an inad- Subject to paragraph (2), a participant in the VAMC human resources personnel, and equate supply of individuals qualified to hold past recipients of VA scholarships are Program may not receive a scholarship a position under section 7401 of this title, as under subsection (a) for more than three strongly in support of this legislation. so designated. school years. Although this is a time of budget re- ‘‘(2) In the case of a pool of applicants cov- ‘‘(2) The Secretary may extend the number ductions in health care, these programs ered by subparagraph (A) or (B) of paragraph of school years for which a scholarship may are a worthwhile investment, enhanc- (1), the Secretary shall give preference in the be awarded to a participant in the Program award of scholarships to the members of the ing morale of the VA health care pro- who is a part-time student to a maximum of pool who have the greatest financial need. six school years if the Secretary determines viders in the short term, while building ‘‘(3) The Secretary shall maintain, and up- that the extension would be in the best in- a workforce that matches VA’s needs date periodically, a list setting forth— terest of the United States. ‘‘(A) the fields of education or training and improves veterans’ health care in ‘‘(d) PAYMENT OF EDUCATIONAL EXPENSES covered by subparagraph (A) of paragraph the long run. BY EDUCATIONAL INSTITUTIONS.—The Sec- Mr. President, I ask that the text of (1); and retary may arrange with an educational in- ‘‘(B) the facilities covered by subparagraph the bill be printed in the RECORD at stitution in which a participant in the Pro- (B) of that paragraph. gram is enrolled for the payment of the edu- this point. ‘‘(e) AGREEMENT.—(1) An agreement be- cational expenses described in subsection (a). There being no objection, the bill was tween the Secretary and a participant in the Such payments may be made without regard ordered to be printed in the RECORD, as Program shall (in addition to the require- to subsections (a) and (b) of section 3324 of ments set forth in section 7604 of this title) follows: title 31. S. 2115 include the following: ‘‘(A) The Secretary’s agreement to provide ‘‘§ 7674. Status of certain participants Be it enacted by the Senate and House of Rep- the participant with a scholarship under the ‘‘(a) STATUS.—A participant in the Pro- resentatives of the United States of America in Program for a specified number (from one to gram described in subsection (b) shall not, by Congress assembled, three) of school years during which the par- reason of such participation— SECTION 1. SHORT TITLE. ticipant pursues a course of education or ‘‘(1) be considered an employee of the Fed- This Act may be cited as the ‘‘Department training described in subsection (c) that eral Government; or of Veterans Affairs Primary Care Providers meets the requirements set forth in section ‘‘(2) be counted against any personnel ceil- Incentive Act of 1998’’. 7602(a) of this title. ing affecting the Veterans Health Adminis- SEC. 2. SCHOLARSHIP PROGRAM FOR DEPART- ‘‘(B) The participant’s agreement to serve tration. MENT OF VETERANS AFFAIRS EM- as a full-time employee in the Veterans ‘‘(b) COVERED PARTICIPANTS.—Subsection PLOYEES RECEIVING EDUCATION Health Administration for a period of time (a) applies in the case of any participant in OR TRAINING IN THE HEALTH PRO- (hereinafter in this subchapter referred to as the Program who is a student on a full-time FESSIONS. the ‘period of obligated service’) of one cal- basis and is not performing service for the (a) PROGRAM AUTHORITY.—(1) Chapter 76 of endar year for each school year or part Department. title 38, United States Code, is amended by thereof for which the participant was pro- ‘‘§ 7675. Obligated service adding at the end the following new sub- vided a scholarship under the Program, but ‘‘(a) IN GENERAL.—Each participant in the chapter: for not less than two years. Program shall provide service as a full-time ‘‘SUBCHAPTER VI—EMPLOYEE ‘‘(C) The participant’s agreement to serve employee of the Department for the period of INCENTIVE SCHOLARSHIP PROGRAM under subparagraph (B) in a Department fa- obligated service provided in the agreement ‘‘§ 7671. Authority for program cility selected by the Secretary. of the participant entered into under section ‘‘As part of the Educational Assistance ‘‘(2) In a case in which an extension is 7603 of this title. Such service shall be pro- Program, the Secretary shall carry out a granted under section 7673(c)(2) of this title, vided in the full-time clinical practice of scholarship program under this subchapter. the number of years for which a scholarship such participant’s profession or in another The program shall be known as the Depart- may be provided under the Program shall be health-care position in an assignment or lo- ment of Veterans Affairs Employee Incentive the number of school years provided for as a cation determined by the Secretary. Scholarship Program (hereinafter in this result of the extension. ‘‘(b) DETERMINATION OF SERVICE COMMENCE- ‘‘(3) In the case of a participant who is a subchapter referred to as the ‘Program’). MENT DATE.—(1) Not later than 60 days be- part-time student— fore a participant’s service commencement ‘‘§ 7672. Eligibility; agreement ‘‘(A) the period of obligated service shall date, the Secretary shall notify the partici- ‘‘(a) ELIGIBILITY.—To be eligible to partici- be reduced in accordance with the proportion pant of that service commencement date. pate in the Program, an individual— that the number of credit hours carried by That date is the date for the beginning of the ‘‘(1) must be an eligible Department em- such participant in any such school year participant’s period of obligated service. ployee who is accepted for enrollment or en- bears to the number of credit hours required ‘‘(2) As soon as possible after a partici- rolled (as described in section 7602 of this to be carried by a full-time student in the pant’s service commencement date, the Sec- title) as a full-time or part-time student in a course of training being pursued by the par- retary shall— field of education or training described in ticipant, but in no event to less than one ‘‘(A) in the case of a participant who is not subsection (c); and year; and a full-time employee in the Veterans Health

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5443 Administration, appoint the participant as in subsection (d), a participant in the Pro- ‘‘§ 7677. Expiration of program such an employee; and gram shall be liable to the United States for ‘‘The Secretary may not furnish scholar- ‘‘(B) in the case of a participant who is an the amount which has been paid to or on be- ships to individuals who commence partici- employee in the Veterans Health Adminis- half of the participant under the agreement pation in the Program after December 31, tration but is not serving in a position for if any of the following occurs: 2001.’’. which the participant’s course of education ‘‘(A) The participant fails to maintain an (2) The table of sections at the beginning of or training prepared the participant, assign acceptable level of academic standing in the chapter 76 of title 38, United States Code, is the participant to such a position. educational institution in which the partici- amended by adding at the end the following: ‘‘(3)(A) In the case of a participant receiv- pant is enrolled (as determined by the edu- ‘‘SUBCHAPTER VI—EMPLOYEE ing a degree from a school of medicine, oste- cational institution under regulations pre- INCENTIVE SCHOLARSHIP PROGRAM opathy, dentistry, optometry, or podiatry, scribed by the Secretary). the participant’s service commencement ‘‘(B) The participant is dismissed from ‘‘7671. Authority for program. date is the date upon which the participant such educational institution for disciplinary ‘‘7672. Eligibility; agreement. ‘‘7673. Scholarship. becomes licensed to practice medicine, oste- reasons. ‘‘7674. Status of certain participants. opathy, dentistry, optometry, or podiatry, as ‘‘(C) The participant voluntarily termi- the case may be, in a State. ‘‘7675. Obligated service. nates the course of education or training in ‘‘7676. Breach of agreement: liability. ‘‘(B) In the case of a participant receiving such educational institution before the com- a degree from a school of nursing, the par- ‘‘7677. Expiration of program.’’. pletion of such course of education or train- (b) REGULATIONS.—The Secretary of Vet- ticipant’s service commencement date is the ing. later of— erans Affairs may treat regulations pre- ‘‘(D) The participant fails to become li- scribed subchapter II of chapter 76 of title 38, ‘‘(i) the participant’s course completion censed to practice medicine, osteopathy, date; or United States Code, as regulations required dentistry, podiatry, or optometry in a State, under subchapter VI of that chapter, as ‘‘(ii) the date upon which the participant fails to become licensed as a registered nurse becomes licensed as a registered nurse in a added by subsection (a), but only to the ex- in a State, or fails to meet any applicable li- tent that the regulations prescribed under State. censure requirement in the case of any other ‘‘(C) In the case of a participant not cov- such subchapter II are not inconsistent with health-care personnel who provide either di- the provisions of such subchapter VI. ered by subparagraph (A) or (B), the partici- rect patient-care services or services inci- pant’s service commencement date is the SEC. 3. EDUCATION DEBT REDUCTION PROGRAM dent to direct patient-care services, during a later of— FOR VETERANS HEALTH ADMINIS- period of time determined under regulations ‘‘(i) the participant’s course completion TRATION HEALTH PROFESSIONALS. prescribed by the Secretary. date; or (a) PROGRAM AUTHORITY.—Chapter 76 of ‘‘(E) In the case of a participant who is a ‘‘(ii) the date the participant meets any ap- title 38, United States Code (as amended by part-time student, the participant fails to plicable licensure or certification require- section 2), is further amended by adding maintain employment, while enrolled in the ments. after subchapter VI the following new sub- course of training being pursued by the par- ‘‘(4) The Secretary shall by regulation pre- chapter: scribe the service commencement date for ticipant, as a Department employee. ‘‘SUBCHAPTER VII—EDUCATION DEBT participants who were part-time students. ‘‘(2) Liability under this subsection is in REDUCTION PROGRAM lieu of any service obligation arising under a Such regulations shall prescribe terms as ‘‘§ 7681. Authority for program similar as practicable to the terms set forth participant’s agreement. ‘‘(c) LIABILITY DURING PERIOD OF OBLI- ‘‘(a) IN GENERAL.—(1) As part of the Edu- in paragraph (3). cational Assistance Program, the Secretary ‘‘(c) COMMENCEMENT OF OBLIGATED SERV- GATED SERVICE.—(1) Except as provided in subsection (d), if a participant in the Pro- may carry out an education debt reduction ICE.—(1) Except as provided in paragraph (2), program under this subchapter. The program a participant in the Program shall be consid- gram breaches the agreement by failing for shall be known as the Department of Vet- ered to have begun serving the participant’s any reason to complete such participant’s erans Affairs Primary Care Workers Edu- period of obligated service— period of obligated service, the United States cation Debt Reduction Program (hereinafter ‘‘(A) on the date, after the participant’s shall be entitled to recover from the partici- in this subchapter referred to as the ‘Edu- course completion date, on which the partic- pant an amount determined in accordance with the following formula: cation Debt Reduction Program’). ipant (in accordance with subsection (b)) is ‘‘(2) The purpose of the Education Debt Re- appointed as a full-time employee in the duction Program is to assist personnel serv- Veterans Health Administration; or ¥ ing in health-care positions in the Veterans ‘‘(B) if the participant is a full-time em- t s A=3Φ ( ) Health Administration in reducing the ployee in the Veterans Health Administra- amount of debt incurred by such personnel in tion on such course completion date, on the t completing programs of education or train- date thereafter on which the participant is ing that qualified such personnel for such assigned to a position for which the partici- service. pant’s course of training prepared the partic- ‘‘(2) In such formula: ‘‘(b) RELATIONSHIP TO EDUCATIONAL ASSIST- ipant. ‘‘(A) ‘A’ is the amount the United States is ANCE PROGRAM.—Education debt reduction ‘‘(2) A participant in the Program who on entitled to recover. payments under the Education Debt Reduc- Φ the participant’s course completion date is a ‘‘(B) ‘ ’ is the sum of— tion Program shall be in addition to other full-time employee in the Veterans Health ‘‘(i) the amounts paid under this sub- assistance available to individuals under the Administration serving in a capacity for chapter to or on behalf of the participant; Educational Assistance Program. which the participant’s course of training and ‘‘§ 7682. Eligibility prepared the participant shall be considered ‘‘(ii) the interest on such amounts which to have begun serving the participant’s pe- would be payable if at the time the amounts ‘‘(a) ELIGIBILITY.—An individual eligible to riod of obligated service on such course com- were paid they were loans bearing interest at participate in the Education Debt Reduction pletion date. the maximum legal prevailing rate, as deter- Program is any individual who— ‘‘(d) COURSE COMPLETION DATE DEFINED.— mined by the Treasurer of the United States. ‘‘(1) is serving in a position in the Veterans In this section, the term ‘course completion ‘‘(C) ‘t’ is the total number of months in Health Administration under an appoint- date’ means the date on which a participant the participant’s period of obligated service, ment under section 7402(b) of this title; and in the Program completes the participant’s including any additional period of obligated ‘‘(2) owes any amount of principal or inter- course of education or training under the service in accordance with section 7673(c)(2) est under a loan the proceeds of which were Program. of this title. used by or on behalf of the individual to pay ‘‘§ 7676. Breach of agreement: liability ‘‘(D) ‘s’ is the number of months of such pe- costs relating to a course of education or training which led to a degree that qualified ‘‘(a) LIQUIDATED DAMAGES.—A participant riod served by the participant in accordance in the Program (other than a participant de- with section 7673 of this title. the individual for a position referred to in scribed in subsection (b)) who fails to accept ‘‘(d) LIMITATION ON LIABILITY FOR REDUC- paragraph (1). ‘‘(b) COVERED COSTS.—For purposes of sub- payment, or instructs the educational insti- TIONS-IN-FORCE.—Liability shall not arise section (a)(2), costs relating to a course of tution in which the participant is enrolled under subsection (b)(1)(E) or (c) in the case education or training include— not to accept payment, in whole or in part, of a participant otherwise covered by the ‘‘(1) tuition expenses; of a scholarship under the agreement entered subsection concerned if the participant fails ‘‘(2) all other reasonable educational ex- into under section 7603 of this title shall be to maintain employment as a Department penses, including expenses for fees, books, liable to the United States for liquidated employee due to a reduction-in-force. and laboratory expenses; and damages in the amount of $1,500. Such liabil- ‘‘(e) PERIOD FOR PAYMENT OF DAMAGES.— ‘‘(3) reasonable living expenses. ity is in addition to any period of obligated Any amount of damages which the United service or other obligation or liability under States is entitled to recover under this sec- ‘‘§ 7683. Preference the agreement. tion shall be paid to the United States with- ‘‘(a) PREFERENCE.—Notwithstanding sec- ‘‘(b) LIABILITY DURING COURSE OF EDU- in the one-year period beginning on the date tion 7603(d) of this title, in selecting individ- CATION OR TRAINING.—(1) Except as provided of the breach of the agreement. uals for education debt reduction payments

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5444 CONGRESSIONAL RECORD — SENATE May 22, 1998 under the Education Debt Reduction Pro- SEC. 5. OUTREACH. (6) In section 7636, by striking ‘‘or a sti- gram, the Secretary shall give preference to The Secretary of Veterans Affairs shall pend’’ and inserting ‘‘a stipend, or education the following (in the order specified): take appropriate actions to notify employees debt reduction’’.∑ ‘‘(1) Individuals recently appointed by the of the Department of Veterans Affairs of the ∑ Ms. MIKULSKI. Mr. President, today Secretary to positions under section 7401 of benefits available under the Department of I am cosponsoring with Senator ROCKE- this title in fields relating to primary care Veterans Affairs Employee Incentive Schol- FELLER, the DVA Primary Care Incen- health services, as designated by the Sec- arship Program under subchapter VI of chap- retary. tive Act of 1998. ter 76 of title 38, United States Code (as Mr. President, I believe that this bill ‘‘(2) Individuals recently appointed by the added by section 2), and under the Depart- Secretary to positions under such section in ment of Veterans Affairs Primary Care will ultimately benefit our veterans. It areas in which the recruitment or retention Workers Education Debt Reduction Program will help the Department of Veterans of an adequate supply of qualified health- under subchapter VII of that chapter (as Affairs in its effort to provide the high- care personnel is difficult, as so designated. added by section 3). est quality of care that our veterans ‘‘(3) Any other individuals serving in ap- SEC. 6. CONFORMING AMENDMENTS. deserve. pointments to positions described in para- Mr. President, this bill will create a graphs (1) and (2). Chapter 76 of title 38, United States Code ‘‘(b) RECENTLY APPOINTED INDIVIDUALS.— (as amended by this Act), is further amended new Education Debt Reduction pro- An individual shall be treated as recently ap- as follows: gram, and an Employee Incentive pointed to a position for purposes of sub- (1) In section 7601(a)— Scholarship Program. The Debt Reduc- section (a) if the individual was appointed to (A) by striking out ‘‘and’’ at the end of tion Program will aid the VA in its ef- the position not more than 6 months before paragraph (2); forts to increase its number of primary the date of treatment for such purposes. (B) by striking out the period at the end of care professionals. Preference will be ‘‘§ 7684. Education debt reduction paragraph (3) and inserting in lieu thereof a given to those choosing to serve at ‘‘(a) IN GENERAL.—Education debt reduc- semicolon; and rural or under-served sites, and to (C) by adding at the end the following: tion payments under the Education Debt Re- those professionals in hard to fill spe- duction Program shall consist of payments ‘‘(4) the employee incentive scholarship to individuals selected to participate in the program provided for in subchapter VI of cialties. The bill provides the Sec- program of amounts to reimburse such indi- this chapter; and’’; and retary of the VA with the discretion to viduals for payments by such individuals of ‘‘(5) the education debt reduction program determine priority needs with respect principal and interest on loans described in provided for in subchapter VII of this chap- to profession, and locations with the section 7682(a)(2) of this title. ter.’’. greatest need. Debt Reduction program ‘‘(b) FREQUENCY OF PAYMENT.—(1) The Sec- (2) In section 7602— recipients will have to serve a term retary may make education debt reduction (A) in subsection (a)(1)— with the VA equivalent to the length of payments to any given participant in the (i) by striking out ‘‘subchapter I or II’’ and Education Debt Reduction Program on a inserting in lieu thereof ‘‘subchapter II, III, the repayments. A key component of monthly or annual basis, at the election of or VI’’; the Debt Reduction Program is that the Secretary. (ii) by striking out ‘‘or for which’’ and in- each years repayments won’t begin ‘‘(2) The Secretary shall make such pay- serting in lieu thereof ‘‘, for which’’; and until a person has completed a cor- ments at the end of the period elected by the (iii) by inserting before the period at the responding year of service to the VA. Secretary under paragraph (1). end the following: ‘‘, or for which a scholar- This requirement is critical to ensur- ‘‘(c) PERFORMANCE REQUIREMENT.—The ship may be awarded under subchapter VI of Secretary may make education debt reducing that our veterans get the service this chapter, as the case may be’’; and they deserve, and that taxpayers get a tion payments to a participant in the Edu- (B) in subsection (b), by striking out ‘‘sub- cation Debt Reduction Program for a period chapter I or II’’ and inserting in lieu thereof return on their tax dollars invested. only if the Secretary determines that the in- ‘‘subchapter II, III, or VI’’. Mr. President, I introduced a debt re- dividual maintained an acceptable level of (3) In section 7603— duction bill in 1992 because I recognized performance in the position or positions (A) in subsection (a)— the need to provide the VA with ade- served by the participant during the period. (i) by striking out ‘‘To apply to participate quate resources to recruit the profes- ‘‘(d) MAXIMUM ANNUAL AMOUNT.—(1) Sub- ject to paragraph (2), the total amount of in the Educational Assistance Program,’’ sionals it needs. And I realized that education debt reduction payments made to and inserting in lieu thereof ‘‘(1) To apply to some who may want to get the training a participant for a year under the Education participate in the Educational Assistance to help our veterans may not have all Debt Reduction Program shall be— Program under subsection II, III, V, or VI of of the necessary means to do so. I ap- ‘‘(A) $6,000 for the first year of the partici- this chapter,’’; and (ii) by adding at the end the following: plaud Senator ROCKEFELLER for includ- pant’s participation in such Program; ing an updated debt reduction compo- ‘‘(B) $8,000 for the second year of the par- ‘‘(2) To apply to participate in the Edu- cational Assistance Program under sub- nent to this bill. ticipant’s participation in such Program; The second component of the bill is and chapter VII of this chapter, an individual ‘‘(C) $10,000 for the third year of the par- shall submit to the Secretary an application the Employee Incentive Scholarship ticipant’s participation in such Program. for such participation.’’; and Program. This is designed to help meet ‘‘(2) The total amount payable to a partici- (B) in subsection (b)(1), by inserting ‘‘(if re- the VA’s need for more primary care pant in such Program for any year may not quired)’’ before the period at the end. professionals and to help retain and re- exceed the amount of the principle and inter- (4) In section 7604, by striking out ‘‘sub- train some of the VA’s current employ- est on loans referred to in subsection (a) that chapter II, III, or V’’ each place it appears in ees. Like the Debt Reduction program, is paid by the individual during such year. paragraphs (1)(A), (2)(D), and (5) and insert- priority would be given to those willing ‘‘§ 7685. Expiration of program ing in lieu thereof ‘‘subchapter II, III, V, or VI’’. to serve in under-served areas and in ‘‘The Secretary may not make education hard to fill specialties. Recipients debt reduction payments to individuals who (5) In section 7632— commence participation in the Education (A) in paragraph (1)— would also have to serve at a VA clin- Debt Reduction Program after December 31, (i) by striking out ‘‘and the Tuition Reim- ical site for a term equivalent to the 2001.’’. bursement Program’’ and inserting in lieu scholarship term. The difference is that (b) CLERICAL AMENDMENT.—The table of thereof ‘‘, the Tuition Reimbursement Pro- the Scholarship program would be open sections at the beginning of chapter 76 of gram, the Employee Incentive Scholarship only to current VA employees with a title 38, United States Code (as amended by Program, and the Education Debt Reduction Program’’; and minimum of two years of service. We section 2(b)), is further amended by adding at want to ensure that those benefiting the end the following: (ii) by inserting ‘‘(if any)’’ after ‘‘number from the Scholarship program have ‘‘SUBCHAPTER VII—EDUCATION DEBT of students’’; REDUCTION PROGRAM (B) in paragraph (2), by inserting ‘‘(if any)’’ demonstrated a commitment to the after ‘‘education institutions’’; and ‘‘7681. Authority for program. VA. We also want to provide the oppor- ‘‘7682. Eligibility. (C) in paragraph (4)— tunity structure for those employees ‘‘7683. Preference. (i) by striking ‘‘and per participant’’ and who want to expand their skills and ‘‘7684. Education debt reduction. inserting in lieu thereof ‘‘, per participant’’; move into new fields. ‘‘7685. Expiration of program.’’. and In 1996, Veterans Health Administra- SEC. 4. REPEAL OF PROHIBITION ON PAYMENT (ii) by inserting ‘‘, per participant in the OF TUITION LOANS. Employee Incentive Scholarship Program, tion Under Secretary for Health, Dr. Section 523(b) of the Veterans Health Care and per participant in the Education Debt Kenneth Kizer, published a work called Act of 1992 (Public Law 102–585; 106 Stat. 4959; Reduction Program’’ before the period at the ‘‘Prescription for Change’’. In it, he 38 U.S.C. 7601 note) is repealed. end. noted the VA’s goal to increase the

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5445 number of VA non-physician primary ational at the end of the millennium. ernment agencies, according to the care providers by 200 percent by 1998. This decentralized approach has also General Accounting Office. I commend While the VA has made progress, it has led to a lack of guidance, oversight and the attention of my colleagues to this not met its goal. This bill seeks to pro- the development of contingency plans. bill designed to address a portion of the vide another tool in the VA’s tool belt At a hearing before the Committee on information resource management that will allow it to meet its goal. Agriculture, Nutrition, and Forestry problems of the federal government Mr. President, I have been an advo- on May 14th, the General Accounting and ask for their support of it.∑ cate for our nation’s veterans for Office reported that eighty percent of years. I firmly believe that promises the work remains to be done in the ten By Mr. JOHNSON (for himself made to our nations veterans must be component agencies reviewed. Respon- and Mr. DASCHLE): promises kept. Our veterans risked sibility for keeping the mission-critical S. 2117. A bill to authorize the con- their lives for our freedom and the pro- information technology functioning struction of the Perkins County Rural tection of democracy. I believe that we should clearly rest with the Chief In- Water System and authorize financial as a nation are committed to providing formation Officer. assistance to the Perkins County Rural the services that our veterans need. In fiscal year 1998 alone, USDA plans Water System, Inc., a nonprofit cor- As the VA continues its move to to spend approximately $1.2 billion on poration, in the planning and construc- more outpatient primary care, we must information technology and related in- tion of the water supply system, and make sure that the VA can attract and formation resources management ac- for other purposes; to the Committee retain the type of professionals who tivities. The General Accounting Office on Energy and Natural Resources. can give our veterans the medical care has chronicled USDA’s long history of and treatment they deserve. problems in managing its substantial PERKINS COUNTY RURAL WATER SYSTEM ACT OF I urge my colleagues’ support.∑ information technology investments. 1998 ∑ The GAO reports that such ineffective Mr. JOHNSON. Mr. President, today By Mr. LUGAR: planning and management have re- I am proud to introduce legislation to S. 2116. A bill to clarify and enhance sulted in USDA’s wasting millions of authorize a critically important rural the authorities of the Chief Informa- dollars on computer systems. water system in South Dakota, the tion Officer of the Department of Agri- Last year, I introduced S. 805, a bill ‘‘Perkins County Rural Water System culture; to the Committee on Agri- to reform the information technology Act of 1998.’’ I am pleased to have my culture, Nutrition, and Forestry. systems of the Department of Agri- good friend and colleague from South THE USDA INFORMATION TECHNOLOGY REFORM culture. It gave the Chief Information Dakota, Senator DASCHLE, as an origi- AND YEAR-2000 COMPLIANCE ACT OF 1998 Officer control over the planning, de- nal cosponsor of this important legisla- ∑ Mr. LUGAR. Mr. President, today I velopment and acquisition of information, which I had introduced during the introduce the USDA Information Tech- tion technology at the department. In- 104th Congress as a Member of the nology Reform and Year-2000 Compli- troduction of that bill prompted some House of Representatives. Congressman ance Act of 1998. This legislation aims coordination of information tech- THUNE of South Dakota is the sponsor to centralize all year 2000 computer nology among the department’s agen- of similar legislation in the House dur- conversion and other information tech- cies and offices. However, component ing this Congress. This legislation is nology acquisition and management agencies are still allowed to independ- also strongly supported by the State of activities within the Officer of the ently acquire and manage information South Dakota and local project spon- Chief Information Office of the Depart- technology investments solely on the sors, who have demonstrated that sup- ment of Agriculture. Centralization is basis of their own parochial interests port by agreeing to substantial finan- the most efficient way to manage the or needs. This revised legislation is cial contributions from the local level. complex and important task of ensur- now needed to strengthen that coordi- Like many parts of South Dakota, ing that all critical computer functions nation and ensure that centralized in- Perkins County has insufficient water at the department are operational on formation technology management supplies of reasonable quality avail- January 1, 2000. It is also a wiser and continues in the future. able, and the water supplies that are more cost effective way to construct an This legislation further requires that available do not meet the minimum information technology infrastructure the Chief Information Officer manage health and safety standards, thereby to enable USDA’s hundreds of com- the design and implementation of an posing a threat to public health and puter systems to interoperate, which information technology architecture safety. unfortunately they cannot now do. based on strategic business plans that In addition to improving the health The Department of Agriculture is maximizes the effectiveness and effi- of residents in the region, I strongly charged with enormous responsibilities ciency of USDA’s program activities. believe that this rural drinking water and its year 2000 readiness is crucial. It Included in the bill is authority for the delivery project will help to stabilize has a diverse portfolio of over 200 fed- Chief Information Officer to approve the rural economy as well. Water is a eral programs throughout the nation expenditures for information resources basic commodity and is essential if we and the world. The department delivers and for year 2000 compliance purposes, are to foster rural development in about $80 billion in programs. It is the except for minor acquisitions. To ac- many parts of rural South Dakota, in- fourth largest federal agency, with 31 complish these purposes, the bill re- cluding the Perkins County area. agencies and offices. The department is quires that each agency transfer not The ‘‘Perkins County Rural Water responsible for the safety of our food less than five percent of its informa- System Act of 1998’’ authorizes the Bu- supply, nutrition programs that serve tion technology budget to the Chief In- reau of Reclamation to construct a the poor, young and old, and the pro- formation Officer’s control. Perkins County Rural Water System tection of our natural resources. Since The bill makes the Chief Information providing service to approximately forty percent of the non-tax debt owed Officer responsible for ensuring that 2,500 people, including the communities to the federal government is owed to the information technology architec- of Lemmon and Bison, as well as rural USDA, the department has a responsi- ture facilitates a flexible common com- residents. The Perkins County Rural bility to ensure the financial soundness puting environment for the field serv- Water System is located in north- of taxpayers’ investments. ice centers based on integrated pro- western South Dakota along the South The dentralized approach to the year gram delivery and provides maximum Dakota/North Dakota border and it 2000 issue at USDA has led to a lack of data sharing with USDA customers and will be an extension of an existing focus on departmental priorities. In other federal and state agencies, which rural water system in North Dakota, fact, none exist. No planning to assure is expected to result in significant re- the Southwest Pipeline Project. The the continuation of the overall mission duction in operating costs. State of South Dakota has worked of the department has occurred. Each Mr. President, this is a bill whose closely with the State of North Dakota agency has been allowed to determine time has come. Unfortunately, USDA’s over the years on the Perkins County what services, programs and activities problems in managing information connection to the Southwest Pipeline it deems important enough to be oper- technology are not unusual among gov- Project. A feasibility study completed

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5446 CONGRESSIONAL RECORD — SENATE May 22, 1998 in 1994 looked at several alternatives SEC. 3. DEFINITIONS. (4) public education programs; for a dependable water supply, and the In this Act: (5) coordinated operation and maintenance connection to the Southwest Pipeline (1) FEASIBILITY STUDY.—The term ‘‘feasi- (including necessary repairs to ensure mini- bility study’’ means the study entitled ‘‘Fea- Project is clearly the most feasible for mal water losses) by and between the water sibility Study for Rural Water System for supply system and any member of the sys- the Perkins County area. Perkins County Rural Water System, Inc.’’, tem that is a preexisting water supply facil- Mr. President, South Dakota is as amended in March 1995. ity within the service area of the system; plagued by water of exceedingly poor (2) PROJECT CONSTRUCTION BUDGET.—The and quality, and the Perkins County rural term ‘‘project construction budget’’ means (6) coordinated operation between the water project is an effort to help pro- the description of the total amount of funds Southwest Pipeline Project of North Dakota vide clean water—a commodity most of that are needed for the construction of the and the Perkins County Rural Water Sys- us take for granted—to the people of water supply system, as described in the fea- tem, Inc., of South Dakota. Perkins County, South Dakota. I am a sibility study. (c) REVIEW AND REVISION.—The program de- strong believer in the federal govern- (3) PUMPING AND INCIDENTAL OPERATIONAL scribed in subsection (b) shall contain provi- REQUIREMENTS.—The term ‘‘pumping and in- sions for periodic review and revision, in co- ments role in rural water delivery, and cidental operational requirements’’ means operation with the Secretary. I hope to continue to advance that all power requirements that are incidental to SEC. 6. MITIGATION OF FISH AND WILDLIFE agenda both in South Dakota and the operation of intake facilities, pumping LOSSES. around the country. I urge my col- stations, water treatment facilities, cooling Mitigation of fish and wildlife losses in- leagues to support this important rural facilities, reservoirs, and pipelines to the curred as a result of the construction and op- water legislation, and I look forward to point of delivery of water by the Perkins eration of the water supply system shall be working with my colleagues on the County Rural Water System to each entity on an acre-for-acre basis, based on ecological Senate Energy and Natural Resources that distributes water at retail to individual equivalency, concurrent with project con- Committee to move forward on enact- users. struction, as provided in the feasibility (4) SECRETARY.—The term ‘‘Secretary’’ study. ment as quickly as possible. means the Secretary of the Interior, acting Mr. President, I ask unanimous con- SEC. 7. USE OF PICK-SLOAN POWER. through the Commissioner of the Bureau of (a) IN GENERAL.—From power designated sent that the text of the bill be printed Reclamation. for future irrigation and drainage pumping in the RECORD. (5) WATER SUPPLY SYSTEM.—The term for the Pick-Sloan Missouri River Basin Pro- There being no objection, the bill was ‘‘water supply system’’ means the Perkins gram, the Western Area Power Administra- ordered to be printed in the RECORD, as County Rural Water System, Inc., a non- tion shall make available the capacity and follows: profit corporation, established and operated energy required to meet the pumping and in- S. 2117 substantially in accordance with the feasi- cidental operational requirements of the Be it enacted by the Senate and House of Rep- bility study. water supply system during the period begin- resentatives of the United States of America in SEC. 4. FEDERAL ASSISTANCE FOR WATER SUP- ning May 1 and ending October 31 of each Congress assembled, PLY SYSTEM. year. (a) IN GENERAL.—The Secretary shall make (b) CONDITIONS.—The capacity and energy SECTION 1. SHORT TITLE. grants to the water supply system for the This Act may be cited as the ‘‘Perkins described in subsection (a) shall be made Federal share of the costs of— County Rural Water System Act of 1997’’. available on the following conditions: (1) the planning and construction of the (1) The water supply system shall be oper- SEC. 2. FINDINGS AND PURPOSES. water supply system; and ated on a not-for-profit basis. (a) FINDINGS.—Congress finds that— (2) repairs to existing public water dis- (1) there are insufficient water supplies of (2) The water supply system shall contract tribution systems to ensure conservation of reasonable quality available to the members to purchase its entire electric service re- the resources and to make the systems func- of the Perkins County Rural Water System quirements, including the capacity and en- tional under the new water supply system. ergy made available under subsection (a), located in Perkins County, South Dakota, (b) SERVICE AREA.—The water supply sys- and the water supplies that are available do from a qualified preference power supplier tem shall provide for safe and adequate mu- that itself purchases power from the Western not meet minimum health and safety stand- nicipal, rural, and industrial water supplies, ards, thereby posing a threat to public Area Power Administration. mitigation of wetlands areas, repairs to ex- (3) The rate schedule applicable to the ca- health and safety; isting public water distribution systems, and (2) in 1977, the North Dakota State Legisla- pacity and energy made available under sub- water conservation in Perkins County, section (a) shall be the firm power rate ture authorized and directed the State Water South Dakota. Commission to conduct the Southwest Area schedule of the Pick-Sloan Eastern Division (c) AMOUNT OF GRANTS.—Grants made of the Western Area Power Administration Water Supply Study, which included water available under subsection (a) to the water service to a portion of Perkins County, in effect when the power is delivered by the supply system shall not exceed the Federal Administration. South Dakota; share under section 10. (4) It shall be agreed by contract among— (3) amendments made by the Garrison Di- (d) LIMITATION ON AVAILABILITY OF CON- (A) the Western Area Power Administra- version Unit Reformulation Act of 1986 (Pub- STRUCTION FUNDS.—The Secretary shall not lic Law 101–294) authorized the Southwest obligate funds for the construction of the tion; Pipeline project as an eligible project for water supply system until— (B) the power supplier with which the Federal cost share participation; (1) the requirements of the National Envi- water supply system contracts under para- (4) the Perkins County Rural Water Sys- ronmental Policy Act of 1969 (42 U.S.C. 4321 graph (2); tem has continued to be recognized by the et seq.) are met with respect to the water (C) the power supplier of the entity de- State of North Dakota, the Southwest Water supply system; scribed in subparagraph (B); and Authority, the North Dakota Water Commis- (2) a final engineering report has been pre- (D) the Perkins County Rural Water Sys- sion, the Department of the Interior, and pared and submitted to Congress for a period tem, Inc.; Congress as a component of the Southwest of not less than 90 days before the com- that in the case of the capacity and energy Pipeline Project; and mencement of construction of the system; made available under subsection (a), the ben- (5) the best available, reliable, and safe and efit of the rate schedule described in para- rural and municipal water supply to serve (3) the water supply system has developed graph (3) shall be passed through to the the needs of the Perkins County Rural Water and implemented a water conservation pro- water supply system, except that the power System, Inc., members is the waters of the gram. supplier of the water supply system shall not Missouri River as delivered by the Southwest SEC. 5. WATER CONSERVATION PROGRAM. be precluded from including, in the charges Pipeline Project in North Dakota. (a) PURPOSE.—The water conservation proof the supplier to the water system for the (b) PURPOSES.—The purposes of this Act gram under section 4(d)(3) shall be designed electric service, the other usual and cus- are— to ensure that users of water from the water tomary charges of the supplier. (1) to ensure a safe and adequate munic- supply system will use the best practicable SEC. 8. NO LIMITATION ON WATER PROJECTS IN ipal, rural, and industrial water supply for technology and management techniques to STATES. the members of the Perkins County Rural conserve water use. This Act does not limit the authorization Water Supply System, Inc., in Perkins Coun- (b) DESCRIPTION.—The water conservation for water projects in South Dakota and ty, South Dakota; program shall include— North Dakota under law in effect on or after (2) to assist the members of the Perkins (1) low consumption performance standards the date of enactment of this Act. County Rural Water Supply System, Inc., in for all newly installed plumbing fixtures; SEC. 9. WATER RIGHTS. developing safe and adequate municipal, (2) leak detection and repair programs; Nothing in this Act— rural, and industrial water supplies; and (3) rate structures that do not include de- (1) invalidates or preempts State water law (3) to promote the implementation of clining block rate schedules for municipal or an interstate compact governing water; water conservation programs by the Perkins households or special water users (as defined (2) alters the rights of any State to any ap- County Rural Water System, Inc. in the feasibility study); propriated share of the waters of any body of

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5447 surface or ground water, whether determined have virtually eliminated the scourge lays from the fund would be twice as by past or future interstate compacts or by of smallpox in the world. Polio as a large as the fund’s average over the past or future legislative or final judicial al- wild virus has been eliminated in the past eight years, it would take more locations; western hemisphere. Measles, mumps, than 20 years to exhaust the assets in (3) preempts or modifies any Federal or State law, or interstate compact, dealing rubella, pertussis, diphtheria, tetanus the trust fund, even if no excise tax with water quality or disposal; or and hepatitis vaccines have saved thou- revenues were collected from this date (4) confers on any non-Federal entity the sands of lives. Technology in vaccines forward. Stated another way, the inter- ability to exercise any Federal right to the is on the brink of preventing other dis- est earned on the trust fund assets is waters of any stream or to any ground water eases ranging from Lyme disease to more than enough to pay annual resource. widespread rotavirus in the third claims and administrative cost. As SEC. 10. FEDERAL SHARE. world. with many other trust funds within the The Federal share under section 4 shall be Unfortunately, there is a small mi- federal budget, these taxes are being 75 percent of— nority of children whose systems can- used for other federal spending. (1) the amount allocated in the total not handle vaccines and become in- project construction budget for the planning This proposal will also provide sig- and construction of the water supply system jured. Recognizing this problem and ac- nificant benefits to the states. When under section 4; and knowledging that childhood vaccina- states purchase vaccines they pay the (2) such sums as are necessary to defray in- tion is required, Congress in 1986 set up excise tax. Our bill would save the creases in development costs reflected in ap- a Vaccine Injury Compensation Trust States $52 million annually. For my propriate engineering cost indices after Fund into which federal excise taxes home state of Rhode Island, that would March 1, 1995. are paid. This modified no-fault system amount to 353,000 dollars annually. By SEC. 11. NON-FEDERAL SHARE. allows parents of vaccine-injured chil- lowering these taxes we can lower The non-Federal share under section 4 dren to receive compensation for their health care costs to vaccine recipients shall be 25 percent of— children if the vaccine is covered by and providers while saving states and (1) the amount allocated in the total the fund. Childhood vaccines rec- project construction budget for the planning the federal government the money they and construction of the water supply system ommended by the federal government now pay in excise taxes when they buy under section 4; and for routine use in children are covered vaccines. (2) such sums as are necessary to defray in- (1) once approved by the Advisory Com- This proposal is supported by physi- creases in development costs reflected in ap- mittee on Immunization Practices, (2) cians, state health departments, manu- propriate engineering cost indices after added to the Vaccine Injury Compensa- facturers and parental groups. Most March 1, 1995. tion Program (VICP), and (3) included significantly, the Advisory Commis- SEC. 12. CONSTRUCTION OVERSIGHT. on the list of vaccines on which the tax sion on Childhood Vaccines (ACCV) (a) AUTHORIZATION.—The Secretary may is imposed by Congress. which Congress created to make rec- provide construction oversight to the water When the trust fund was established supply system for areas of the water supply ommendations on changes to the Vac- there was no experience with what cine Injury Compensation Program, system. claims would commit to and what the (b) PROJECT OVERSIGHT ADMINISTRATION.— strongly supports this proposal. The amount of funds used by the Secretary size of the tax should be. Estimates I encourage my colleagues to join me for planning and construction of the water were made and different tax levels were as cosponsors of this important health supply system may not exceed an amount established for each vaccine. initiative.∑ By 1993, it was apparent that the tax equal to 3 percent of the amount provided in ∑ the total project construction budget for the levels were far too high and a surplus Mr. BREAUX. Mr. President, today I portion of the project to be constructed in was building up in the fund. Today that introduce with my colleague from Perkins County, South Dakota. surplus totals 1.2 billion dollars. The Rhode Island, Senator CHAFEE, a very SEC. 13. AUTHORIZATION OF APPROPRIATIONS. Ways and Means and Finance Commit- important bill for America’s children. There are authorized to be appropriated— tees directed the Administration to Our bill, the Vaccinate America’s Chil- (1) $15,000,000 for the planning and con- study the system and develop a pro- dren Now Act, will cut the excise tax struction of the water system under section posal that solves the overfunding prob- on all vaccines to twenty-five cents per 4; and dose. Lowering the price of vaccines (2) such sums as are necessary to defray in- lem. A consensus proposal was drafted and against such deadly and crippling dis- creases in development costs reflected in ap- eases as polio and meningitis will not propriate engineering cost indices after signed on to by all sectors of the public March 1, 1995.∑ health community—physicians, manu- only result in lower health care costs, facturers, parent’s groups and health but also greater immunization rates. By Mr. CHAFEE (for himself, Mr. departments. That plan called for a As a result, fewer American children BREAUX, Mr. MURKOWSKI, Mr. new flat tax of 51 cents per antigen (or will ever have to know the pain and COCHRAN, Mr. INOUYE, Mr. disease). But even this new rate was far devastation of childhood disease. DASCHLE, Mr. ROCKEFELLER, more than was necessary to fund the Federal excise taxes on vaccines were Mr. MACK, Mr. LUGAR, Mr. system. For example, the guardian of first enacted in the late 1980s to fund a BUMPERS, Mr. FRIST, and Mr. the fund, the Advisory Commission on vaccine injury compensation fund to SANTORUM): Childhood Vaccines, recommended 25 pay for those rare injuries associated S. 2118. A bill to amend the Internal cents per antigen even when the sur- with vaccination. Since enactment, Revenue Code of 1986 to reduce the tax plus was half its level today. this compensation fund has accumu- on vaccines to 25 per dose; to the Com- Last year, as part of the balanced lated a surplus of $1.2 billion and the mittee on Finance. budget bill, Congress established a sin- surplus continues to grow. However, LEGISLATION LOWERING THE FEDERAL EXCISE gle rate tax structure but did so at a claims against the fund have been fall- TAX ON VACCINES level of seventy-five cents per dose. ing as a result of safer vaccines. The ∑ Mr. CHAFEE. Mr. President, today I The seventy-five cents per dose amount interest alone on this fund is now am introducing legislation reducing was chosen to satisfy the revenue neu- enough to pay the anticipated claims the excise tax on vaccines from sev- trality goals of the overall bill. Con- and costs each year. Lowering the ex- enty-five cents to twenty-five cents per gress did not solve the overfunding cise tax rate on vaccines will not en- dose. I am introducing this bill along problem and the result was that while danger the solvency of the vaccine in- with my colleagues on the Finance some vaccine taxes were reduced dra- jury compensation trust fund in any Committee, Senators BREAUX, MACK matically, others were increased. Three way. In fact, the guardian of the trust and ROCKEFELLER as well as Senators new vaccines were added to the pro- fund, the Advisory Commission on DASCHLE, MURKOWSKI, COCHRAN, gram at the seventy-five cents per dose Childhood Vaccines has unanimously INOUYE, LUGAR, BUMPERS, FRIST, and rate. endorsed our proposal. SANTORUM. At the beginning of this year, the Lowering the vaccine tax rates will, Vaccines are a modern miracle—pre- Vaccine Injury Compensation Trust however, reduce health care costs and venting disease and illness often for a Fund had a balance of 1.2 billion dol- make immunization more affordable. lifetime with just a few doses. Vaccines lars. If you assumed that future out- Our bill will save states money because

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5448 CONGRESSIONAL RECORD — SENATE May 22, 1998 states pay these excise taxes when vac- The 1978 Act was based on rec- received in January, and excludes pro- cines are purchased for state immuni- ommendations of President Ford’s posals for which consensus appeared zation programs. For example, our bill Commission on Olympic Sports, which unachievable. will save my own State of Louisiana had worked from 1975 until 1977 to de- Some measures in the bill may need approximately $1 million. Nationwide, termine how to correct factional dis- further refinement, and if necessary, I reducing the excise tax will save the putes between sports organizations will ask for unanimous consent to issue states almost $53 million. These cost which were depriving many athletes of a star print on June 4, 1998. As with the savings are one reason why the Asso- the opportunity to compete. 1978 Act, I believe we will have broad ciation of States and Territorial I served on the Commission, along consensus on the bill, and I expect to Health Officers which represents all of with Senators Culver and Stone. When present the bill to the Commerce Com- the state health departments also sup- the Commission’s report was delivered mittee for its consideration during ports our bill. to Congress, Chairman Warren Magnu- June. Vaccines are a modern miracle—pre- son asked me to head up the Commerce I will include a longer summary of venting disease and illness often for a Committee’s review. In addition to nu- the bill for the RECORD, but will briefly lifetime with just a few doses. Vaccines merous working sessions, we spent two explain its primary components: have virtually eliminated the scourge full days of Commerce Committee (1) the bill would change the title of of smallpox in the world. Polio as a hearings on October 18 and October 19, the underlying law to the ‘‘Olympic wild virus has been eliminated in the 1977 discussing the report and the bill and Amateur Sports Act’’ to reflect western hemisphere. Measles, mumps, implementing it. that more than strictly amateurs are Our bill was enacted into law on No- rubella, pertussis, diphtheria, tetanus involved now, but without lessening vember 8, 1978. It was a tremendous and hepatitis vaccines have saved thou- the amateur and grass roots focus re- achievement, which had the consensus sands of lives. We must do every thing flected in the title of the 1978 Act; that we can to ensure that children support of all entities involved—a rar- ity even then. It is a resilient statute (2) the bill would add a number of continue to be immunized. Our bill will measures to strengthen the provisions make these vaccines more affordable which, to the credit of all involved, served its purposes for 15 years before which protect athletes’ rights to com- and more available to all of America’s pete; children.∑ showing signs of needing a tune-up. Based on the review we’ve just com- (3) it would add measures to improve the ability of the USOC to resolve dis- By Mr. STEVENS (for himself pleted, I can say that the Act is still putes—particularly close the Olympics, and Mr. CAMPBELL): fundamentally sound and that it will Paralympics, or Pan-American S. 2119. A bill to amend the Amateur serve the United States admirably into Games—and reduce the legal costs and Sports Act to strengthen provisions the 21st century. However, the signifi- administrative burdens of the USOC; protecting the right of athletes to com- cant changes which have occurred in (4) it would add measures to fully in- pete, recognize the Paralympics and the world of Olympic and amateur corporate the Paralympics into the growth of disabled sports, improve the sports since 1978 warrant some fine- Amateur Sports Act, and update the U.S. Olympic Committee’s ability to tuning of the Act. existing provisions affecting disabled resolve certain disputes, and for other Some of the developments of the past athletes; purposes; to the Committee on Com- 20 years include: (1) that the schedule for the Olympics merce, Science, and Transportation. (5) it would improve the notification and Winter Olympics has been alter- requirements when an NGB has been OLYMPIC AND AMATEUR SPORTS ACT nated so that games are held every two put on probation or is being chal- AMENDMENTS OF 1998 years, instead of every four—signifi- lenged; Mr. STEVENS. Mr. President, I am cantly increasing the workload of the (6) it would increase the reporting re- pleased to introduce the Olympic and U.S. Olympic Committee; Amateur Sports Act Amendments of quirements of the USOC and NGB with (2) that sports have begun to allow respect to sports opportunities for 1998, a bill to update the federal char- professional athletes to compete in ter of the U.S. Olympic Committee and women, minorities, and disabled indi- some Olympic events; viduals; and the framework for Olympic and ama- (3) that even sports still considered teur sports in the United States. Sen- (7) it would require the USOC to re- ‘‘amateur’’ have athletes with greater port back to Congress in five years ator CAMPBELL joins me as an original financial opportunities and profes- with any additional changes that may cosponsor. sional responsibilities than we ever This framework is commonly known be needed to the act. considered in 1978; and Mr. President, I am the only Senator as the ‘‘Amateur Sports Act,’’ because (4) that the Paralympics—the Olym- from President Ford’s Commission still most of its provisions were added by pics for disabled amateur athletes— serving—and of the Commerce Com- the Amateur Sports Act of 1978 (P.L. have grown significantly in size and mittee members involved with the 1978 95–606). The Act gives the U.S. Olympic prestige. Committee certain trademark protec- These and other changes led me to Act, only myself and Senators HOL- tions to raise money—and does not pro- call for a comprehensive review of the LINGS, INOUYE, and FORD remain on the vide recurring appropriations—so Amateur Sports Act in 1994. The Com- Committee. therefore does not come up for routine merce Committee has held three hear- It has therefore been very helpful to reauthorization. ings since then. have Senator CAMPBELL—an Olympian The Amateur Sports Act has not been At the first and second—on August himself in 1964—involved in this proc- amended since the comprehensive revi- 11, 1994 and October 18, 1995—witnesses ess. Senator CAMPBELL and I are hope- sion of 1978—a revision which provided identified where the Amateur Sports ful the rest of the Senate and Congress the foundation for the modern Olympic Act was showing signs of strain. We will appreciate the need for the rel- movement in the United States. postponed our work until after the 1996 atively minor improvements we pro- Key components of the 1978 Act in- Summer Olympics in Atlanta, but on pose today, and will help us enact these cluded— April 21, 1997, held a third hearing at changes before the end of this Con- (1) measures to expand the authority the Olympic Training Center in Colo- gress. of the U.S. Olympic Committee to rado Springs to discuss solutions to the I ask unanimous consent that both allow it to better serve as the coordi- problems which had been identified. my summary and the bill be printed in nating body for amateur sports; By January, 1998, we’d refined the the RECORD. (2) criteria for the selection of na- proposals into possible amendments to There being no objection, the mate- tional governing bodies, and mecha- the Amateur Sports Act, which we dis- rial was ordered to be printed in the nisms to allow NGBs to be replaced if cussed at length at an informal work- RECORD, as follows: they are doing a poor job; ing session on January 26, 1998 in the S. 2119 (3) and perhaps most importantly— Commerce Committee hearing room. Be it enacted by the Senate and House of Rep- comprehensive measures to protect the The bill that Senator CAMPBELL and I resentatives of the United States of America in right of athletes to compete. introduce today reflects the comments Congress assembled,

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5449 SECTION 1. SHORT TITLE. (1) in paragraph (1) by inserting before the ‘‘(b) Upon nomination by the Athletes’ Ad- This Act may be referred to as the ‘‘Olym- semicolon, ‘‘, the symbol of the Inter- visory Council, the Corporation shall hire pic and Amateur Sports Act Amendments of national Paralympic Committee, consisting and provide administrative expenses for an 1998’’. of three TaiGeuks, or the symbol of the Pan- ombudsman for athletes. The ombudsman for SEC. 2. OLYMPIC AND AMATEUR SPORTS ACT; American Sports Organization, consisting of athletes shall provide advice at no cost to AMENDMENT OF ACT. a torch surrounded by concentric rings’’; amateur athletes with respect to, among (a) The Act entitled ‘‘An Act to incor- (2) in paragraph (3) by inserting ‘‘, the other issues, the resolution of any dispute porate the United States Olympic Associa- International Paralympic Committee, the involving the opportunity of an amateur ath- tion’’, approved September 21, 1950 (36 U.S.C. Pan-American Sports Organization,’’ after lete to participate in an amateur athletic 371 et seq.), as amended, shall be cited here- ‘‘International Olympic Committee’’; and competition, including the Olympic Games, after as the ‘‘Olympic and Amateur Sports (3) in paragraph (4)— the Paralympic Games, the Pan-American Act’’. (A) by inserting ‘‘‘Paralympic’, Games, world championship competition or (b) Except as otherwise expressly provided, ‘Paralympiad’, ‘Pan-American’, ‘America other protected competition. The Corpora- whenever in this Act an amendment or re- Espirito Sport Fraternite’,’’ before ‘‘or any tion may terminate the employment of an peal is expressed in terms of an amendment combination’’; and individual serving as ombudsman for ath- to, or repeal of, a section or other provision, (B) by inserting ‘‘, Paralympic, or Pan- letes, and may reduce the salary or adminis- the reference shall be considered to be made American Games’’ after ‘‘any Olympic’’. trative expenses of such individual, only if (b) Section 110(b) (36 U.S.C. 380(b)) is to a section or other provision of the Olym- such termination or reduction is approved by amended— pic and Amateur Sports Act (36 U.S.C. 371 et a majority of the voting members of the Ath- (1) by inserting ‘‘, International seq.), as renamed by subsection (a). letes’ Advisory Council. The ombudsman for Paralympic Committee, Pan-American athletes shall receive salary and administra- SEC. 3. OBJECTS AND PURPOSES. Sports Organization,’’ after ‘‘International tive cost increases in increments similar to (a) Section 104(3) (36 U.S.C. 374(3)) is Olympic Committee’’; and amended by inserting ‘‘, the Paralympic (2) by inserting ‘‘, Paralympic,’’ before ‘‘or other employees and offices of the Corpora- Games,’’ after ‘‘Olympic Games’’ in both Pan-American team’’. tion. The Athletes’ Advisory Council shall places it appears. (c) Section 110(c) (36 U.S.C. 380(c)) is nominate a replacement to fill any vacancy (b) Section 104(4) (36 U.S.C. 374(4)) is amended— that occurs in the position of ombudsman for amended by inserting ‘‘, the Paralympic (1) by striking ‘‘symbol’’ and inserting athletes.’’. Games,’’ after ‘‘Olympic Games’’. ‘‘symbols’’; and SEC. 10. COMPLETE TEAMS. (c) Section 104(13) (36 U.S.C. 374(13)) is (2) by inserting ‘‘, ‘Paralympic’, Title I (36 U.S.C. 371 et seq.) is amended by amended to read as follows: ‘Paralympiad’, ‘Pan-American’,’’ before ‘‘or inserting after section 114 the following new ‘‘(13) encourage and provide assistance to any combination’’. section: amateur athletic programs and competition SEC. 7. AGENT FOR SERVICE OF PROCESS.— ‘‘SEC. 115. In obtaining representation for the for amateur athletes with disabilities, in- Section 111 (36 U.S.C. 381) is amended by United States in each competition and event cluding, where feasible, the expansion of op- striking ‘‘file in the office’’ and all that fol- of the Olympic Games, Paralympic Games, portunities for meaningful participation by lows through the period, and inserting in and Pan-American Games, the Corporation, such amateur athletes in programs of ath- lieu thereof ‘‘have a designated agent in the either directly or by delegation to the appro- letic competition for able-bodied amateur State of Colorado to receive service of proc- priate national governing body, may select, athletes; and’’. ess for the Corporation. Notice to or service but is not obligated to select, athletes who SEC. 4. POWERS OF CORPORATION. on the agent, or mailed to the business ad- have not met the eligibility standard of at (a) Section 105(a)(2) (36 U.S.C. 375(a)(2)) is dress of the agent, is notice to or service on least one of the national governing body, the amended by inserting before the semicolon, the corporation.’’. Corporation, the International Olympic ‘‘and as its national Paralympic committee SEC. 8. REPORTS. Committee, or the appropriate international in relations with the International Section 113 (36 U.S.C. 382a) is amended to sports federation, when the number of ath- Paralympic Committee’’. read as follows: letes who have met the eligibility standard (b) Section 105(a)(3) (36 U.S.C. 375(a)(3)) is ‘‘SEC. 113. The Corporation shall, on or be- of at least one of such entities is insufficient amended by inserting ‘‘, the Paralympic fore the first day of June, 2001 and every to fill the roster for an event.’’. Games,’’ after ‘‘Olympic Games’’. fourth year thereafter, transmit simulta- SEC. 11. RECOGNITION OF AMATEUR SPORTS OR- (c) Section 105(a)(4) (36 U.S.C. 375(a)(4)) is neously to the President and to each House GANIZATIONS. amended by inserting ‘‘, the Paralympic of Congress a detailed report of its oper- (a) Section 201(a)(36 U.S.C. 391(a)) is Games,’’ after ‘‘Olympic Games’’. ations for the preceding four years, including amended— (d) Section 105(a)(5) (36 U.S.C. 375(a)(5)) is a full and complete statement of its receipts (1) by inserting ‘‘, the Paralympic Games,’’ amended by striking ‘‘, Pan-American world and expenditures and a comprehensive de- after ‘‘Olympic Games’’; (2) by inserting before the period at the end championship competition’’ and inserting in scription of the activities and accomplish- of the second sentence ‘‘, except as provided lieu thereof ‘‘Paralympic Games, the Pan- ments of the Corporation during such four in subsection (e)’’; American Games, world championship com- year period. The report shall contain data (3) by striking ‘‘hold a hearing’’ and insert- petition’’. concerning the participation of women, dis- ing in lieu thereof ‘‘hold at least two hear- (e) Section 105(a)(6) (36 U.S.C. 375(a)(6)) is abled individuals, and racial and ethnic mi- amended by inserting after ‘‘sued’’ a comma ings’’; and norities in the amateur athletic activities (4) by inserting at the end, ‘‘In addition, and the following, ‘‘except that the Corpora- and administration of the Corporation and the Corporation shall send written notice, tion may be sued only in federal court for national governing bodies, and a description which shall include a copy of the application, matters pertaining solely to this Act’’. of the steps taken to encourage the partici- at least 30 days prior to the date of the hear- SEC. 5. MEMBERSHIP; REPRESENTATION. pation of women, disabled individuals, and ing to all amateur sports organizations (a) Section 106(b)(2) (36 U.S.C. 376(b)(2)) is racial minorities in amateur athletic activi- known to the Corporation in that sport.’’. amended to read as follows: ties. Copies of the report shall be made avail- (b) Section 201(b) (36 U.S.C. 391(b)) is ‘‘(2) amateur athletes who are actively enable by the Corporation to interested persons amended— gaged in amateur athletic competition or at a reasonable cost.’’. (1) in paragraph (3)— who have represented the United States in SEC. 9. RESOLUTION OF DISPUTES. (A) by striking ‘‘commercial rules of the international amateur athletic competition (a) Section 114 (36 U.S.C. 382b) is amended— American Arbitration Association’’ and in- within the proceeding 10 years, including (1) by inserting ‘‘(a)’’ before the first sen- serting in lieu thereof ‘‘Commercial rules of through provisions which— tence; the American Arbitration Association, as ‘‘(A) establish and maintain an Athletes’ (2) by inserting ‘‘the Paralympic Games,’’ modified by the Corporation with the con- Advisory Council composed of, and elected before ‘‘Pan-American Games’’; and currence of the Athletes’ Advisory Council,’’; by, such amateur athletes to ensure commu- (3) by inserting at the end the following, and nication between the Corporation and such ‘‘In any lawsuit relating to the resolution of (B) by striking ‘‘or involving the oppor- amateur athletes; and a dispute involving the opportunity of an tunity of any’’ and inserting in lieu thereof ‘‘(B) ensure that the membership and vot- amateur athlete to participate in the Olym- ‘‘or, upon demand of the Corporation or any ing power held by such amateur athletes is pic Games, the Paralympic Games, or the aggrieved amateur athlete, coach, trainer, not less than 20 percent of the membership Pan-American Games, a court shall not manager, administrator or official, to such and voting power held in the board of direc- grant injunctive relief against the Corpora- arbitration in any controversy involving the tors of the Corporation and in the commit- tion within 30 days before the beginning of opportunity of such’’; tees and entities of the Corporation;’’. such games if the Corporation has stated in (2) in paragraph (6) by inserting ‘‘that com- (b) Section 106(b)(3) (36 U.S.C. 376(b)(3)) is writing to such court that its constitution ports with basic concepts of fundamental amended by inserting ‘‘, the Paralympic and bylaws cannot provide for the resolution fairness, due process, and a presumption of Games,’’ after ‘‘Olympic Games’’. of such dispute prior to the beginning of such innocence’’ after opportunity for a hearing’’; SEC. 6. USE OF OLYMPIC, PARALYMPIC, AND PAN- games.’’. (3) in paragraph (8)— AMERICAN SYMBOLS. (b) Section 114 (36 U.S.C. 382b), as amended (A) by striking ‘‘includes’’ and inserting in (a) Section 110(a) (36 U.S.C. 380(a)) is by subsection (a), is amended further by add- lieu thereof ‘‘has established criteria for and amended— ing at the end the following new subsection: maintains’’;

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5450 CONGRESSIONAL RECORD — SENATE May 22, 1998 (B) by inserting ‘‘that such criteria and the (3) in paragraph (3)— athletes to provide free advice to athletes procedure for selecting such individuals is (A) by inserting ‘‘open to the public’’ after about their rights under the Act and under approved by the Athletes’ Advisory Council ‘‘formal hearing’’ in the first sentence; and the constitution and bylaws of the USOC and and the Corporation,’’ after ‘‘preceding 10 (B) by inserting after the second sentence, their NGB, and in particular, their rights in years,’’; and ‘‘In addition, the Corporation shall send any dispute involving an opportunity to (C) by striking ‘‘membership and’’ in both written notice, which shall include a copy of compete. The USOC would hire and pay an places it appears; and the application, at least 30 days prior to the individual nominated by the AAC to serve as (4) in paragraph (12) by inserting ‘‘or to date of the hearing to all amateur sports or- the ombudsman, and could only fire or re- participation in the Olympic Games, the ganizations known to the Corporation in duce the pay or administrative expenses of Paralympic Games, or the Pan-American that sport.’’. the ombudsman with the consent of the AAC. Games’’ after ‘‘amateur status’’. SEC. 15. SPECIAL REPORT TO CONGRESS. This restriction is intended to protect the (c) Section 201 (36 U.S.C. 391), as amended, Five years from the date of the enactment objectivity and autonomy of the ombuds- is amended further by adding at the end the of this Act, the United States Olympic Com- man. The AAC would be expected to consent following new subsection: mittee shall submit a special report to the to the termination of an ombudsman for con- ‘‘(e) For any sport which is included on the Congress on the effectiveness of the provi- duct which would lead to the termination of program of the Paralympic Games, the Cor- sions of this Act, together with any addi- other USOC employees. The USOC would be poration is authorized to designate, where tional proposed changes to the Olympic and required hire another ombudsman nominated feasible and when such designation would Amateur Sports Act the United States Olym- by the AAC in the event of a vacancy. serve the best interest of the sport, a na- pic Committee determines are appropriate. Arbitration—Section 11(b)(1) of the bill tional governing body recognized under sub- would amend the Act to clarify that NGB’s section (a) to govern such sport. Where such SHORT SUMMARY OF OLYMPIC AND AMATEUR must agree to arbitration using the Commer- designation is not feasible or would not serve SPORTS ACT AMENDMENTS OF 1998 cial rules of the American Arbitration Asso- the best interest of the sport, the Corpora- TITLE CHANGE ciation in disputes with athletes, but that tion is authorized to recognize as a national The bill would amend the title of the fed- these rules may be modified by the Corpora- governing body another amateur sports orga- eral statute which is the charter of the tion, with the consent of the AAC. In addi- nization to govern such sport, except that, United States Olympic Committee (USOC) tion, section 11(b) would clarify that NGB’s notwithstanding the other requirements of and national framework for amateur sports must agree to submit to arbitration at the this Act, such national governing body— activities so that it would be called the request of an amateur athlete regardless of ‘‘(1) shall comply only with those require- ‘‘Olympic and Amateur Sports Act’’ (section whether the USOC has demanded such arbi- ments, perform those duties, and have those 2(a) of the bill). The title of the bill, itself, is tration. It is anticipated that these amend- powers that the Corporation determines are the ‘‘Olympic and Amateur Sports Act ments would precipitate a review of the arbi- appropriate to meet the objects and purposes Amendments of 1998.’’ tration rules used for NGB/athlete arbitra- of the Act; and The original federal law incorporating the tions under the Act, and that the USOC, ‘‘(2) may, with the approval of the Corpora- USOC (Public Law 81–805) was enacted in 1950 AAC, and NGB Council would reach agree- tion, govern more than one sport included on and is presently known only as the ‘‘Act to ment with respect to: (1) the relief available the program of the Paralympic Games.’’. incorporate the United States Olympic Asso- under arbitration; (2) the point during a dis- SEC. 12. DUTIES OF NATIONAL GOVERNING BOD- ciation.’’ In 1964, not long after the USOC pute at which an athlete may obtain arbitra- IES. name was changed from ‘‘United States tion; and (3) the standard of review to be (a) Section 202(a)(3) (36 U.S.C. 392(a)(3) is Olympic Association’’ to ‘‘United States used by arbitration panels. amended— Olympic Committee,’’ technical and con- Due Process/Fairness—Section 11(b)(2) of (1) by inserting (A)’’ immediately after forming changes were made to the 1950 Act the bill would amend the Act to clarify that ‘‘(3)’’; through Public Law 88–407. In 1978, the 1950 the hearing required under the Act before an (2) by inserting ‘‘and’’ after the semicolon; Act was substantially expanded and rewrit- NGB can declare an athlete ineligible to par- and ten into its present form through amend- ticipate must comport with basic concepts of (3) by inserting at the end the following ments made by the landmark statute, the fairness, due process, and the presumption of new subparagraph: ‘‘Amateur Sports Act of 1978.’’ Because the innocence. ‘‘(B) disseminate and distribute to amateur amendments made by the 1978 Act so greatly Athlete Membership on NGB Boards—Sec- athletes, coaches, trainers, managers, ad- changed and expanded the 1950 Act, the 1950 tion 11(b)(3) of the bill would amend the Act ministrators and officials in a timely man- Act, as amended, is now commonly referred to allow NGBs individually to establish the ner the applicable rules and any changes to to as the ‘‘Amateur Sports Act,’’ though its criteria and selection procedures for ‘‘active such rules of the national governing body, title was never changed. athletes’’ in satisfying the existing statutory the Corporation, the appropriate inter- Section 2(a) of the bill would rename this requirement that 20 percent of NGB gov- national sports federation, the International original 1950 law, as amended by the 1964 and erning boards be comprised of amateur ath- Olympic Committee, the International 1978 changes, as the ‘‘Olympic and Amateur letes. However, the bill would require that Paralympic Committee, and the Pan-Amer- Sports Act.’’ The addition of the word both the AAC and USOC approve the criteria ican Sports Organization;’’. ‘‘Olympic’’ to the popularly used title ‘‘Ama- and selection process used by an NGB. In ad- (b) Section 202(a)(7) (36 U.S.C. 392(a)(7)) is teur Sports Act’’ is meant to take into ac- dition, the bill would change the Act to re- amended by striking ‘‘handicapped’’ in each count the participation of professional and quire that only 20 percent of the voting of the three places it appears and inserting quasi-amateur athletes in some of the sports power, rather than 20 percent of the voting in lieu thereof ‘‘disabled’’. of the Olympic Games and Pan-American power and membership, be held by amateur SEC. 13. AUTHORITY OF NATIONAL GOVERNING Games, but at the same time continue to re- athletes. These amendments are intended to BODIES. flect the unique role the USOC and national provide flexibility so that the different char- (a) Section 203(6) (36 U.S.C. 393(6)) is governing bodies have in the national frame- acteristics of NGB boards and athletes in amended by inserting ‘‘, the Paralympic work of truly amateur sports activities. By various sports can be taken into account. Games,’’ after ‘‘Olympic Games’’. giving the entire underlying body of law a The amendments would allow the amateur (b) Section 203(7) (36 U.S.C. 393(7)) is new title (replacing the simple descriptive athlete membership of some NGB boards to amended by inserting ‘‘, the Paralympic title of the original 1950 Act mentioned dip below 20 percent, but it is expected that Games,’’ after ‘‘Olympic Games’’. above), the amendment would leave in place this would occur only where the characteris- SEC. 14. REPLACEMENT OF NATIONAL GOV- in federal statute the title of the ‘‘Amateur tics of the sport or of the governing board ERNING BODY. Sports Act of 1978’’ for historic reference. make it very difficult to meet a 20 percent (a) Section 205(a)(3)(C)(i) (36 U.S.C. PROTECTION OF ATHLETES RIGHTS membership standard. Under no cir- 395(a)(3)(C)(i)) is amended by inserting ‘‘and Athletes’ Advisory Council/Athlete Mem- cumstances would the voting power of ama- notify such national governing body of such bership on USOC Board—Section 5(a) of the teur athletes on the board of an NGB be al- probation and of the actions needed to com- bill would amend the Act to require the cre- lowed to be below 20 percent. It is antici- ply with such requirements,’’ before ‘‘or’’. ation of an Athletes’ Advisory Council pated that further clarification may be need- (b) Section 205(b) (36 U.S.C. 395(b)) is (AAC), which is currently created as part of ed as to whether the 20 percent threshold amended— the USOC constitution and bylaws and not will provide adequate athlete voting power (1) in paragraph (1) by striking ‘‘Olympic recognized in the Act. Section 5(a) would on existing NGBs which become the NGB for Games or in both’’ and inserting in lieu also amend the Act to require that at least a sport on the program of the Paralympic thereof ‘‘Olympic Games or the Paralympic 20 percent of the membership and voting Games. Games, or in both’’; power of the USOC Board of Directors and Distribution of Information—Section 12(a) (2) in paragraph (2)— other USOC committees and entities be com- of the bill would make it a specific duty of (A) by striking ‘‘registered’’ and inserting prised of athletes. This, too, is presently NGBs to disseminate and distribute in a ‘‘certified’’; and only required under the USOC constitution timely manner to athletes, coaches and oth- (B) by inserting ‘‘and with any other orga- and bylaws. ers in the sport the rules—and any changes nization that has filed an application’’ after Ombudsman—Section 9(b) of the bill would to the rules—of the NGB, the USOC, the ap- ‘‘applicable national governing body’’; and require the USOC to hire an ombudsman for propriate international sports federation,

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5451 the International Olympic Committee, the tential burdens, financial or otherwise, of in- World Games for the Deaf—It has been sug- International Paralympic Committee (as ap- tegrating the Paralympics into the USOC gested that both the bill and the Committee propriate), and the Pan-American Sports Or- framework. report which eventually accompanies the bill ganization. NATIONAL GOVERNING BODIES include language in support of the World USOC AUTHORITY NGB Selection Hearings—Section 11(a)(3) Games for Deaf and of deaf athletes. It is an- Jurisdiction—Section 4(e) of the bill would would require that at least two public hear- ticipated that this issue will be addressed by amend the Act so that the USOC could be ings be held (instead of one) prior to the rec- consensus before the bill becomes enacted. sued only in federal court for issues per- ognition of a new NGB. RESTRICTED COMPETITION taining solely to the Act. This amendment is Written Notice of NGB Hearings—Sections The bill does not amend section 206 of the not intended to affect the existing law with 11(a)(4) and 13(b)(3) would require the USOC Act, which addresses the jurisdiction of ama- respect to private actions. to send written notice to known amateur teur sports organizations over competitions Trademark Protection—Section 6 of the sports organizations in the sport at least 30 restricted to certain classes of athletes (such bill would provide the USOC with the same days prior to an NGB selection hearings (in- as high school students, college students, trademark protection for the Paralympic cluding a hearing on an application to re- etc.). A number of concerns were raised and Games, Pan-American Games and symbols place an existing NGB) and to include a copy discussed during the Commerce Committee and words associated with those games as it of the application in the notice. hearings about section 206, and it has been presently has for the Olympics. It would also Participation Critera—Section 11(b)(4) of suggested that the Committee report which give the USOC the exclusive power to au- the bill would prohibit NGBs from having eventually accompanies the bill should dis- thorize the use of these names and symbols eligibility criteria that is more restrictive cuss these concerns. in order to raise funds to carry out the Act. than its international sports federation for SPECIAL REPORT TO CONGRESS participation in events at the Olympic Service of Process—Section 7 of the bill Section 15 of the bill would require the Games, Paralympic Games, and Pan-Amer- would require the USOC have a designated USOC to report to Congress after five years ican Games. The amendment in part would agent in the State of Colorado to receive on the effectiveness of the new provisions help provide balance with an amendment service of process, rather than an agent in added to the Act by the bill, as well as any (see above) allowing the USOC not to send a every state. Requiring an agent in only one additional suggested changes to the Act that complete team under certain circumstances. location is consistent with the service re- the USOC believes are needed. The report NGB Notification—Section 14(a) of the bill quirements of many other patriotic societies would provide an occasion for Congress to re- would specifically require the USOC to no- which are catalogued in title 36 of the United view the implementation of the amendments tify an NGB of the actions the NGB must States Code. As with these other entities, and any modifications proposed by the take to correct violations of the Act if the notice to or service on the agent—or mailed USOC. to the business address of the agent—would USOC has placed an NGB on probation after be considered notice to or service on the a complaint has been filed. By Mr. ROCKEFELLER (for him- PARALYMPICS USOC. self and Mr. FRIST): Report to Congress—Section 8 of the bill Recognition of Paralympic Games—The S. 2120. A bill to improve the ability would require the USOC to submit a formal bill would make amendments in a number of of Federal agencies to license feder- report to Congress only once every four places in the Act to provide for the recogni- years (instead of annually under the present tion of the Paralympic Games. Under the ally—owned inventions; to the Com- Act) to conform more closely with the four- amendments, the USOC would have same du- mittee on Commerce, Science, and year budget cycle of the USOC and to reduce ties as with the Olympic Games to, among Transportation. administrative burdens. The report would, other things, ‘‘either directly or [by delega- TECHNOLOGY TRANSFER COMMERCIALIZATION however, be required to include data on the tion to NGB]’’: select athletes for U.S. ACT OF 1998 participation of women, disabled individuals teams, represent the United States in rela- ∑ Mr. ROCKFELLER. Mr. President, and racial and ethnic minorities, including a tions with the International Paralympic today with my colleague Senator description of the steps that have been taken Committee, organize and finance U.S. teams, FRIST, I introduce the Technology to encourage increased participation by as well as to provide equitable and fair dis- Transfer Act of 1998. This bill would these groups of people in amateur sports. pute resolution procedures for disabled ath- Injunction Immunity—Section 9(a) of the letes. In addition, the USOC would be re- make technical changes and clarifica- bill would prevent a court from granting in- quired: to allow Paralympic sports organizations to the legislation which governs junctive relief against the USOC in a dispute tions to join USOC; and to use and protect the transfer of intellectual property involving the participation of an athlete the trademarks of Paralympics. from the federal government to the pri- within 30 days of the beginning of the Olym- Disabled Amateur Athletes—Section 3(c) of vate sector. pics, the Paralympics, or the Pan-American the bill would eliminate references in the The original Technology Transfer Games if the USOC has stated in writing to bill to ‘‘handicapped individual’’ and insert Improvements Act (TTIA), which I was the court that its constitution and bylaws instead the term ‘‘amateur athlete with dis- author of in 1995, allowed for easier and cannot provide for the resolution of the disabilities.’’ The use of the new words would pute before the beginning of the games. The update terminology and, more importantly, quicker access to intellectual property provision is intended to give the USOC the make clear that disabled athletes are ‘‘ama- which the government owns and pri- ability to decide who will represent the teur athletes’’ under the Act’s existing defi- vate industry wants. It created a win- United States in the rare NGB/athlete dis- nition, provided that they meet the eligi- win situation. The government gets pute which may arise too close to Olympics, bility standards of their NGB, as required by royalties from these licenses, private Paralympics, or Pan-American Games to be the existing definition of ‘‘amateur athlete’’. industry gets the intellectual property resolved prior to the beginning of those Paralympic NGBs—Section 11(c) of the bill that it needs, and Americans get jobs would make it the first priority of the USOC games. It would not take away any other from the production of inventions type of relief that may be available, or in- to merge sports on the program of the junctive relief for disputes which may be re- Paralympic Games with existing able-bodied based on this intellectual property. solved under the constitution and bylaws NGBs. Where it is not feasible or in the best This bill builds on the strong positive prior to the beginning of the Olympics, interest of a Paralympic sport to put it response from TTIA. It reduces the re- Paralympics, or Pan-American Games. under an able-bodied NGB, the USOC would quirements for obtaining a non-exclu- Complete Teams—Section 10 of the bill be allowed to recognize another amateur sive license in order to allow as many would give the USOC the authority to send sports organization as a new NGB for the companies and individuals as possible an incomplete team for a sport if not enough Paralympic sport, except that the USOC access to the information. It also ad- athletes have met the eligibility standards would be allowed to waive the requirements, dresses private industry’s concerns of at least one of: the USOC, the NGB, the duties, and powers of the NGB as necessary IOC, or the national federation for the sport. to meet the objects and purposes of the Act. about maintaining confidential infor- The USOC could send a complete team in In addition, a Paralympic NGB could govern mation within applications. that circumstance, but would not be required more than one sport on the program of the However, this does not come at the to send a complete team. The bill (in section Paralympic Games with the approval of the expense of the government being able 11(b)(4)) would specify, however, that NGB’s USOC. By giving the USOC the authority to to keep control of its property. This cannot have eligibility criteria for participa- waive normal NGB requirements, the bill is bill also clarifies the ability of the li- tion in the Olympics, Pan-American Games intended to allow a smooth transition as censing agencies to terminate a license or Paralympics which are more restrictive Paralympic sports become integrated under if certain criteria are not met. Fur- than the criteria for the international sports the USOC umbrella, and to allow the USOC thermore, it allows the government to federation for their sport. to prevent any severe financial impacts on Flexibility for Paralympic NGBs—The bill existing NGBs. The provisions in the bill are consolidate intellectual property which (see summary of the Paralympic provisions largely consistent with the general direction is developed in cooperation with a pri- below and section 11(c) of the bill) would give the USOC has taken already with respect to vate entity so that the package can be the USOC full flexibility to minimize the po- Paralympics. relicensed to a third party.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5452 CONGRESSIONAL RECORD — SENATE May 22, 1998 Technology transfer is a vital part of exclusive licenses under this section shall be ‘‘(B) where the applicant intends to use or our national economy. It is what al- given to small business firms having equal or sell the invention; or lows our industries to remain at the greater likelihood as other applicants to ‘‘(C) both.’’. bring the invention to practical application (b) CONFORMING AMENDMENT.—The item re- leading edge in their field. This bill within a reasonable time. lating to section 209 in the table of sections clarifies and adjusts current legislation ‘‘(d) TERMS AND CONDITIONS.—Any licenses for chapter 18 of title 35, United States Code, to allow for an even better working re- granted under section 207 shall contain such is amended to read as follows: lationship between the federal govern- terms and conditions as the granting agency ‘‘209. Licensing federally-owned inventions.’’ ment and private industry. I encourage considers appropriate. Such terms and condi- SEC. 4. REVIEW OF COOPERATIVE RESEARCH my colleagues to support this bill and tions— AND DEVELOPMENT AGREEMENT ‘‘(1) shall include provisions— PROCEDURES. I ask unanimous consent that the text ‘‘(A) retaining a nontransferable, irrev- (a) REVIEW.—The Director of the Office of of the bill appear in the RECORD. ocable, paid-up license for the Federal agen- Science and Technology Policy, in consulta- There being no objection, the bill was cy to practice the invention or have the in- tion with the Office of Management and vention practiced throughout the world by ordered to be printed in the RECORD, as Budget, relevant Federal agencies, national or on behalf of the Government of the United follows: laboratories, and any other person the direc- States; S. 2120 ‘‘(B) requiring periodic reporting on utili- tor considers appropriate, shall review the Be it enacted by the Senate and House of Rep- zation of the invention, and utilization ef- procedures used by Federal agencies to gath- resentatives of the United States of America in forts, by the licensee, but only to the extent er and consider the views of other agencies Congress assembled, necessary to enable the Federal agency to before final approval or disapproval of— (1) a joint work statement under section SECTION 1. SHORT TITLE. determine whether the terms of the license are being complied with; and 12(c)(5)(C) or (D) of the Stevenson-Wydler This Act may be cited as the ‘‘Technology Technology Innovation Act of 1980 (15 U.S.C. Transfer Commercialization Act of 1998’’. ‘‘(C) empowering the Federal agency to terminate the license in whole or in part if 3710a(c)(5)(C) or (D));or SEC. 2. COOPERATIVE RESEARCH AND DEVELOP- the agency determines that— (2) in the case of a laboratory described in MENT AGREEMENTS. ‘‘(i) the licensee is not executing its com- section 12(d)(2)(A) of the Stevenson-Wydler Section 12(b)(1) of the Stevenson-Wydler mitment to achieve practical utilization of Technology Innovation Act of 1980 (15 U.S.C. Technology Innovation Act of 1980 (15 U.S.C. the invention, including commitments con- 3710a(d)(2)(A)), a cooperative research and 3710a(b)(1)) is amended by inserting ‘‘or, sub- tained in any plan submitted in support of development agreement under such section ject to section 209 of title 35, United States its request for a license, and the licensee 12, that involves national security, or relates Code, may grant a license to an invention cannot otherwise demonstrate to the satis- to a project which may have a significant which is Federally owned, made before the faction of the Federal agency that it has impact on domestic or international com- signing of the agreement, and directly re- taken, or can be expected to take within a petitiveness. lated to the scope of the work under the reasonable time, effective steps to achieve (b) PROCEDURES.—Within 1 year after the agreement,’’ after ‘‘under the agreement,’’. practical utilization of the invention; date of enactment of this Act, the director of SEC. 3. LICENSING FEDERALLY—OWNED INVEN- ‘‘(ii) the licensee is in breach of an agree- the Office of Science and Technology Policy TIONS. ment described in subsection (b); shall establish and distribute to appropriate (a) AMENDMENT.—Section 209 of title 35, ‘‘(iii) termination is necessary to meet re- Federal agencies— United States Code, is amended to read as quirements for public use specified by Fed- (1) specific criteria to indicate the neces- follows: eral regulations issued after the date of the sity for interagency review of an approval or disapproval described in subsection (a); and ‘‘§ 209. Licensing federally—owned inventions license, and such requirements are not reasonably satisfied by the licensee; or (2) procedures for carrying out such inter- ‘‘(a) AUTHORITY.—A Federal agency may ‘‘(iv) the licensee has been found by a com- agency review. grant an exclusive or partially exclusive li- petent authority to have violated the Fed- Procedures established under this subsection cense on a federally-owned invention only eral antitrust laws in connection with its shall be designed to the extent possible to if— performance under the license agreement. use or modify existing procedures, to mini- ‘‘(1) granting the license is a reasonable ‘‘(e) PUBLIC NOTICE.—No exclusive or par- mize burdens on Federal agencies, and to and necessary incentive to— tially exclusive license may be granted minimize delay in the approval of dis- ‘‘(A) call forth the investment capital and under the section unless public notice of the approval of the joint work statement or co- expenditures needed to bring the invention intent to grant such license has been pro- operative research and development agree- to practical application; or vided at least 30 days before the license is ment under interagency review. ‘‘(B) otherwise promote the invention’s granted, and the Federal agency has consid- utilization by the public; SEC. 5. TECHNICAL AMENDMENTS TO BAYH-DOLE ered all comments received in response to ACT. ‘‘(2) the Federal agency finds that the pub- that public notice. Chapter 18 of title 35, United States Code ‘‘(f) DEVELOPMENT PLAN.— A Federal agen- lic will be served by the granting of the li- (popularly known as the ‘‘Bayh-Dole Act’’), cy may grant a license on a federally-owned cense, as indicated by the applicant’s inten- is amended— invention only if the person requesting the tions, plans, and ability to bring to inven- (1) by amending section 202(e) to read as license has supplied to the agency a basic tion to practical application or otherwise follows: promote the invention’s utilization by the business plan with development or commer- ‘‘(e) In any case when a Federal employee public, and that the proposed scope of exclu- cialization milestones. Each Federal Agency, is a co-inventor of any invention made under sivity is not greater than reasonably nec- in consultation with the Small Business Ad- a funding agreement with a nonprofit organi- ministration, shall develop consistent stand- essary to provide the incentive for bringing zation or small business firm, the Federal ards for exempting small business firms from the invention to practical utilization, as pro- agency employing such coinventor may, for the requirements of this subsection or non- posed by the applicant, or otherwise to pro- the purpose of consolidating rights in the in- exclusive licenses. mote the invention’s utilization by the pub- vention—— ‘‘(g) NONDISCLOSURE OF CERTAIN INFORMA- lic; ‘‘(1) license or assign whatever rights it TION.—An application shall include, as an ‘‘(3) the applicant makes a commitment to may acquire in the subject invention to the independent subdocument a detailed descrip- achieve practical utilization of the invention nonprofit organization or small business within a reasonable time; tion of the applicant’s plan for development or marketing (or both) of the invention. The firm; or ‘‘(4) granting the license will not tend to ‘‘(2) acquire any rights in the subject in- subdocument, which is exempt from disclo- substantially lessen competition or create or vention from the nonprofit organization or sure under section 552 of title 5, United maintain a violation of the Federal antitrust small business firm, but only to the extent States Code, shall include only a state- laws; and the party from whom the rights are acquired ‘‘(5) in the case of an invention covered by ment— ‘‘(1) of the time, nature, and amount of an- voluntarily enters into the transaction.’’; a foreign patent application or patent, the ticipated investment of capital and other re- and interests of the Federal Government or sources which the applicant believes will be (2) in section 207(a)— United States industry in foreign commerce required to bring the invention to practical (A) by striking ‘‘patent applications, pat- will be enhanced. application; ents, or other forms of protection obtained’’ ‘‘(b) MANUFACTURE IN UNITED STATES.—A ‘‘(2) as to the applicant’s capability and in- and inserting ‘‘inventions’’ in paragraph (2); Federal agency shall normally grant any li- tention to fulfill the plan, including informa- and cense to use or sell any federally-owned in- tion regarding manufacturing, marketing, fi- (B) by inserting ‘‘, including acquiring vention in the United States only to a li- nancial, and technical resources; rights for the Federal Government in any in- censee who agrees that any products em- ‘‘(3) of the fields of use for which the appli- vention, but only to the extent the party bodying the invention or produced through cant intends to practice the invention; and from whom the rights are acquired volun- the use of the invention will be manufac- ‘‘(4) of the geographic areas— tarily enters into the transaction, to facili- tured substantially in the United States. ‘‘(A) in which the applicant intends to tate the licensing of a federally-owned inven- ‘‘(c) SMALL BUSINESS.—First preference for manufacture any product embodying the in- tion’’ after ‘‘or through contract’’ in para- the granting of any exclusively or partially vention; graph (3).

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5453 SEC. 6. TECHNICAL AMENDMENTS TO THE STE- mercial space launch vehicles with the RIC or REIT and paid to the parent VENSON-WYDLER TECHNOLOGY IN- launch costs significantly below cur- corporation to be entirely tax-free dur- NOVATION ACT OF 1980. Section 14(a)(1) of the Stevenson-Wydler rent levels. As a result, it will be posing the period of liquidation of the RIC Technology Innovation Act of 1980 (15 U.S.C. sible to: increase the international or REIT (which can extend over a pe- 3710c(a)(1)) is amended—— competitiveness of the United States riod of years). The legislation is in- (1) in subparagraph (A)(i), by inserting ‘‘, if space industry, encourage the growth tended to eliminate this abusive appli- the inventor’s or coinventor’s rights are as- of space-related commerce in the cation of these rules by requiring that signed to the United States’’ after ‘‘inventor United States and internationally, in- amounts which are deductible divi- or coinventors’’; and (2) in subparagraph (B), by striking ‘‘suc- crease the number of high-value jobs in dends to the RIC or REIT are consist- ceeding fiscal year’’ and inserting ‘‘2 suc- United States space-related industries, ently treated as dividends by the cor- ceeding fiscal years’’. and reduce United States Government porate parent. space launch expenditures. RICs and REITs are important in- By Mr. BREAUX: Commercialization of space is an vestment vehicles, particularly for S. 2121. A bill to encourage the devel- issue of importance not only to our na- small investors. The RIC and REIT opment of more cost effective commer- tion as a whole but also to the state of rules are designed to encourage inves- cial space launch industry in the Louisiana. Louisiana is already an actors to pool their resources and achieve United States, and for other purposes; tive participant in the American space the type of investment opportunities, to the Committee on Commerce, effort. For example, the Michoud Facil- subject to a single level of tax, that Science, and Transportation. ity in New Orleans has been selected as would otherwise be available only to a SPACE LAUNCH COST REDUCTION ACT OF 1998 the fabrication center for the experi- larger investor. This legislation will Mr. BREAUX. Mr. President, I take mental X-33 space vehicle’s liquid oxy- not affect the intended beneficiaries of this opportunity to rise to introduce a gen tanks. The fuel tanks for the Space the RIC and REIT rules. piece of legislation, which I will send Shuttle are also built at Michoud, and Mr. President, I ask unanimous con- to the desk. It is called the Space Shuttle engines are tested at the Sten- sent that the text of the bill and a Launch Cost Reduction Act of 1998. nis Space Center in neighboring Mis- technical explanation be printed in the The commercial space launch indus- sissippi. Furthermore, NASA has en- RECORD. try is an essential part of the U.S. tered a partnership with the University There being no objection, the mate- economy and opportunities for U.S. of Southwestern Louisiana in Lafay- rial was ordered to be printed in the companies are growing as international ette to establish a Regional Applica- RECORD, as follows: markets expand. United States trading tion Center for commercial remote S. 2122 partners have been able to aggressively sensing technology. Looking toward Be it enacted by the Senate and House of Rep- lower their commercial space launch the future, Louisiana is clearly well po- resentatives of the United States of America in prices either through direct cash pay- sitioned to participate actively in the Congress assembled, ments for commercially targeted prod- commercialization of space and to ben- SECTION 1. TREATMENT OF CERTAIN DEDUCT- uct development or with indirect bene- IBLE LIQUIDATING DISTRIBUTIONS efit from the Space Launch Cost Re- OF REGULATED INVESTMENT COM- fits derived from nonmarket economy duction Act of 1998. PANIES AND REAL ESTATE INVEST- status. Because United States incen- MENT TRUSTS. tives for launch vehicle development By Mr. ROTH (for himself, and (a) IN GENERAL.—Section 332 of the Inter- have historically focused on civil and Mr. MOYNIHAN): nal Revenue Code of 1986 (relating to com- military rather than commercial use, S. 2122. A bill to amend the Internal plete liquidations of subsidiaries) is amended and as a result U.S. launch costs have Revenue Code of 1986 to provide that by adding at the end the following new sub- certain liquidating distributions of a section: remained relatively high, the U.S. ‘‘(c) DEDUCTIBLE LIQUIDATING DISTRIBU- share of the world commercial market regulated investment company or real TIONS OF REGULATED INVESTMENT COMPANIES has decreased from nearly 100% twenty estate investment trust which are al- AND REAL ESTATE INVESTMENT TRUSTS.—If a years ago to approximately 40% in 1998. lowable as a deduction shall be incorporation receives a distribution from a This is very serious erosion. cluded in the gross income of a dis- regulated investment company or a real es- The key to regaining United States tributee; to the Committee on Finance. tate investment trust which is considered leadership in the world market is not TAX LEGISLATION under subsection (b) as being in complete liq- another massive government program, Mr. ROTH. Mr. President, in coordi- uidation of such company or trust, then, notwithstanding any other provision of this but rather provision of just enough nation with the Treasury Department, chapter, such corporation shall recognize government support to enable the more Senator MOYNIHAN and I are intro- and treat as a dividend from such company cost effective private sector to build ducing a bill today to eliminate an un- or trust an amount equal to the deduction lower-cost space launch vehicles. Pri- warranted tax benefit which involves for dividends paid allowable to such com- vate sector companies across the the liquidation of a Regulated Invest- pany or trust by reason of such distribu- United States are already attempting ment Company (‘‘RIC’’) or Real Estate tion.’’. to develop a variety of lower-cost space Investment Trust (‘‘REIT’’), where at (b) CONFORMING AMENDMENTS.— launch vehicles, but lack of sufficient (1) The material preceding paragraph (1) of least 80 percent of the liquidating RIC section 332(b) of such Code is amended by private financing has proven a major or REIT is owned by a single corpora- striking ‘‘subsection (a)’’ and inserting ‘‘this obstacle, an obstacle our trading part- tion. Identical legislation is being in- section’’. ners have chosen to remove by pro- troduced in the House of Representa- (2) Paragraph (1) of section 334(b) of such viding direct access to government tives by Congressman ARCHER. Code is amended by striking ‘‘section 332(a)’’ funding. Given the unique strength of The RIC and REIT rules allow indi- and inserting ‘‘section 332’’. private industry in the United States, vidual shareholders to invest in stock (c) EFFECTIVE DATE.—The amendments a more effective alternative to the ap- and securities (in the case of RICs) and made by this section shall apply to distributions after May 21, 1998. proach of our trading partners is for real estate assets (in the case of REITs) the U.S. government to provide limited with a single level of tax. The single TECHNICAL EXPLANATION financial incentives in the form of loan level of tax is achieved by allowing The bill provides that any amount which a guarantees, which would help quali- RICs and REITs to deduct the divi- liquidating RIC or REIT may take as a de- fying private-sector companies secure dends they pay to their shareholders. duction for dividends paid with respect to an otherwise unattainable private financ- Some corporations, however, have at- otherwise tax-free distribution to an 80-per- ing, while at the same time keeping tempted to use the ‘‘dividends paid decent corporate owner is includible in the in- government involvement at an abso- duction’’ in combination with a sepa- come of the recipient corporation. The in- lute minimum. rate rule that allows a corporate par- cludible amount is treated as a dividend re- The purpose of the Space Launch ent to receive property from an 80 perceived from the RIC or REIT. The liquidating corporation may designate the Cost Reduction Act of 1998 is, there- cent subsidiary without tax when the amount treated as a dividend as a capital fore, to ensure availability of otherwise subsidiary is liquidating. Taxpayers gain dividend or, in the case of a RIC, an ex- unattainable private sector financing argue that the combination of these empt interest dividend or a dividend eligible for private sector development of com- two rules permits income deducted by for the

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5454 CONGRESSIONAL RECORD — SENATE May 22, 1998 70-percent dividends received deduction, to SECTION 1. TAX TREATMENT OF SECTION 42 and profits of the cooperative except on a the extent provided by the RIC or REIT pro- HOUSING COOPERATIVES AND complete or partial liquidation of the coop- visions of the Code. SHAREHOLDERS OF SUCH COOPERA- erative; The bill does not otherwise change the tax TIVES. ‘‘(D) 80 percent or more of the gross income treatment of the distribution under sections (a) IN GENERAL.—Part III of subchapter T of which for the taxable year in which the 332 or 337. Thus, for example, the liquidating of chapter 1 of the Internal Revenue Code of taxes and interest described in subsection (a) corporation will not recognize gain (if any) 1986 (relating to cooperatives and their pa- are paid or incurred is derived from patron on the liquidating distribution and the re- trons) is amended by adding at the end the shareholders; and cipient corporation will hold the assets at a following new section: ‘‘(E) which is entitled to claim a low-in- carryover basis. ‘‘SEC. 1389. SPECIAL RULES FOR SECTION 42 come housing tax credit under section 42. HOUSING COOPERATIVES AND The bill is effective for distributions on or ‘‘(2) SHAREHOLDER’S PROPORTIONATE THEIR SHAREHOLDERS. after May 22, 1998, regardless of when the SHARE.— ‘‘(a) ALLOWANCE OF DEDUCTIONS AND CRED- plan of liquidation was adopted. ‘‘(A) IN GENERAL.—Except as provided in ITS.— No inference is intended regarding the subparagraph (B), the term ‘proportionate ‘‘(1) NON-PATRON SHAREHOLDERS.—In the treatment of such transactions under share’ means that proportion which the case of a section 42 housing cooperative (as present law. stock of the cooperative housing corporation defined in subsection (b)(1)), the non-patron owned by a particular patron shareholder is shareholders of such cooperative shall be al- By Mr. D’AMATO: of the total outstanding patron stock of the lowed to take into account for purposes of S. 2125. A bill to amend the Internal corporation (including any stock held by the Revenue Code of 1986 to provide for the calculating the taxable income of such corporation). shareholders the following tax items: tax treatment of section 42 housing co- ‘‘(B) SPECIAL RULE WHERE ALLOCATION OF ‘‘(A) 100 percent of all low-income housing operatives and the shareholders of such TAXES OR INTEREST REFLECT COST TO COR- tax credits to which the section 42 housing PORATION OF PATRON SHAREHOLDER’S UNIT.— cooperatives, and for other purposes; to cooperative is entitled under section 42. the Committee on Finance. ‘‘(i) IN GENERAL.—If, for any taxable year— ‘‘(B) 100 percent of all interest allowable as ‘‘(I) each dwelling unit owned or leased by LOW-INCOME HOUSING TAX CREDIT LEGISLATION a deduction to the cooperative under section a section 42 housing cooperative is sepa- ∑ Mr. D’AMATO. Mr. President, today I 163 and which is incurred and accrued but un- rately allocated a share of such cooperative’s introduce legislation that will create a paid by the cooperative on its indebtedness real estate taxes described in subsection new homeownership opportunity with a contracted— (a)(2)(A) or a share of such cooperative’s in- proven method of building affordable ‘‘(i) in the acquisition, construction, alter- terest described in subsection (a)(2)(B), and housing. Current low-income housing ation, rehabilitation, or maintenance of the ‘‘(II) such allocation reasonably reflects houses or apartment buildings, or the cost to such cooperative of such taxes, or production in the United States is driv- ‘‘(ii) in the acquisition of the land on en largely by the low-income housing of such interest, attributable to the share- which the houses (or apartment buildings) holder’s dwelling unit (and such unit’s share tax credit. The credit supports the de- are situated. of the common areas), velopment of 94 percent of all federally ‘‘(2) PATRON SHAREHOLDERS.—In the case of then the term ‘proportionate share’ means a section 42 housing cooperative, the patron assisted multi-family affordable hous- the shares determined in accordance with shareholders of such cooperative shall be al- ing construction. Under current law, the allocations described in subclause (II). lowed a deduction equal to 100 percent of the however, only rental housing can be de- ‘‘(ii) ELECTION BY COOPERATIVE REQUIRED.— veloped with the credit. Everyone amounts paid by the cooperative within the Clause (i) shall apply with respect to any would agree that building homeowner- taxable year for the following items, except section 42 housing cooperative only if such that in no event may a patron shareholder ship is better than simply building cooperative elects its application. Such an deduct an amount in excess of such patron election, once made, may be revoked only homes for people. Homeowners are in- shareholder’s proportionate share of such vested in their communities, take with the consent of the Secretary. specified items: ‘‘(3) PRIOR APPROVAL OF OCCUPANCY.— pride in their property, and will do ‘‘(A) Real estate taxes allowable as a de- ‘‘(A) IN GENERAL.—For purposes of this sec- what it takes to preserve the security duction to the cooperative under section 164 tion, in the following cases there shall not be and appearance of their homes. which are paid or incurred by the coopera- taken into account the fact that (by agree- The legislation that I propose today tive on the houses or apartment buildings ment with the section 42 housing coopera- will enable housing cooperatives and and on the land on which such houses (or tive) the person or the person’s nominee may mutual housing associations to be de- apartment buildings) are situated. not occupy the house or apartment without ‘‘(B) The interest allowable as a deduction veloped with the credit. With these the prior approval of such cooperative: to the cooperative under section 163 for the ‘‘(i) In any case in which a person acquires types of multi-family homeownership, taxable year and which is paid by the cooper- tax credit investors can become non- stock of a section 42 housing cooperative by ative during such taxable year on its indebt- operation of law. resident shareholders of the developed edness contracted— ‘‘(ii) In any case in which a person other property while allowing the residents ‘‘(i) in the acquisition, construction, alter- than an individual acquires stock of a sec- to own their share of the property as ation, rehabilitation, or maintenance of the tion 42 housing cooperative. well. From the very start, the residents houses or apartment buildings, or ‘‘(iii) In any case in which the original sell- will have a real ownership stake and ‘‘(ii) in the acquisition of the land on er acquires any stock of the section 42 hous- control over their homes. which the houses (or apartment buildings) ing cooperative from the cooperative not are situated. later than 1 year after the date on which the A study undertaken by Abt Associ- ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For ates, Inc., commissioned by the Na- apartments or houses (or leasehold interests purposes of this section— therein) are transferred by the original seller tional Cooperative Bank found that ‘‘(1) SECTION 42 HOUSING COOPERATIVE.—The to the cooperative. this legislation could result in the an- term ‘section 42 housing cooperative’ means ‘‘(B) ORIGINAL SELLER DEFINED.—For pur- nual production of 1,600 units of low-in- a corporation— poses of subparagraph (A)(iii), the term come housing within five years of en- ‘‘(A) having no more than 2 classes of stock ‘original seller’ means the person from whom actment. That means as many as 15,000 outstanding, consisting of— the cooperative has acquired the apartments renters could be homeowners within ‘‘(i) shares of stock issued to persons who or houses (or leasehold interest therein). make an equity contribution to the coopera- ‘‘(4) APPLICATION OF SECTION TO MUTUAL five years. tive but who are not residents in the houses Mr. President, I urge my colleagues HOUSING ASSOCIATIONS.— or apartment buildings owned by the cooper- ‘‘(A) IN GENERAL.—In the case of a section to join me in cosponsoring legislation ative; and 42 housing cooperative which is a mutual to help bring the American dream of ‘‘(ii) shares of stock issued to persons who housing association, this section shall be ap- homeownership to many more Ameri- make an equity contribution to the coopera- plied— cans. tive and who are residents in the houses or ‘‘(i) by substituting ‘membership certifi- Mr. President, I ask unanimous con- apartment buildings owned by the coopera- cates’ for ‘stock’ or ‘shares of stock’, and sent that the complete text of the bill tive; ‘‘(ii) by substituting ‘membership certifi- ‘‘(B) in which each of the holders of patron be placed in the RECORD. cate-holders’ for ‘shareholders’. There being no objection, the bill was stock is entitled, solely by reason of the pa- ‘‘(B) MUTUAL HOUSING ASSOCIATION.—For tron’s ownership of such stock in the cooper- purposes of subparagraph (A), the term ‘mu- ordered to be printed in the RECORD, as ative, to occupy for dwelling purposes a tual housing association’ means a resident- follows: house, or an apartment in a building, owned controlled, State-chartered organization de- S. 2125 by such cooperative; scribed in section 501(c)(3) and exempt from Be it enacted by the Senate and House of Rep- ‘‘(C) no shareholder of which is entitled (ei- tax under section 501(a). resentatives of the United States of America in ther conditionally or unconditionally) to re- ‘‘(c) TREATMENT AS PROPERTY SUBJECT TO Congress assembled, ceive any distribution not out of earnings DEPRECIATION.—

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5455 ‘‘(1) IN GENERAL.— and such exchange qualifies for nonrecogni- cosponsors of S. 249, a bill to require ‘‘(A) BY NON-PATRON SHAREHOLDERS.—Non- tion of gain under section 1034(f).’’. that health plans provide coverage for patron shares of stock (within the meaning (b) CONFORMING AMENDMENTS.— a minimum hospital stay for of subsection (b)(1)(A)(i)) shall be treated as (1) Section 42 of the Internal Revenue Code mastectomies and lymph node dissec- property subject to the allowance for depre- of 1986 (relating to low-income housing cred- ciation under section 167(a). Such shares of it) is amended by adding at the end the fol- tion for the treatment of breast cancer, stock shall be treated as residential real lowing new subsection: coverage for reconstructive surgery fol- property for purposes of determining the ap- ‘‘(o) SECTION 42 HOUSING COOPERATIVES.—In lowing mastectomies, and coverage for propriate depreciation method under section the case of a section 42 housing cooperative secondary consultations. 168(b), the applicable recovery period under (as defined in section 1389(b)(1)), the holders S. 348 section 168(c), and the applicable convention of the non-patron stock (within the meaning At the request of Mr. MCCONNELL, under section 168(d). of section 1389(b)(1)(A)(i)) shall be entitled to ‘‘(B) BY PATRON SHAREHOLDERS.—So much any and all tax credits that would otherwise the name of the Senator from New of the shares of stock of a patron shareholder be available to such cooperative under this Mexico (Mr. BINGAMAN) was added as a (within the meaning of subsection section. Any recapture of credit calculated cosponsor of S. 348, a bill to amend (b)(1)(A)(ii)) as is allocable, under regula- against the section 42 housing cooperative title I of the Omnibus Crime Control tions prescribed by section 216(c), to a pro- under subsection (j) shall be an increase in and Safe Streets Act of 1968 to encour- prietary lease or right of tenancy subject to the tax under this chapter for the holders of age States to enact a Law Enforcement the allowance for depreciation under section the non-patron stock in proportion to the Officers’ Bill of Rights, to provide 167(a) shall, to the extent such proprietary relative holdings of such stock during the pe- standards and protection for the con- lease or right of tenancy is used by such pa- riod giving rise to such recapture.’’. tron shareholder in a trade or business or for (2) Section 42(g)(2)(B) of such Code is duct of internal police investigations, the production of income, be treated as prop- amended by striking ‘‘and’’ at the end of and for other purposes. erty subject to the allowance for deprecia- clause (iii), by striking the period at the end S. 831 tion under section 167(a). of clause (iv) and inserting ‘‘, and’’, and by At the request of Mr. SHELBY, the ‘‘(2) DEDUCTION LIMITED TO ADJUSTED BASIS inserting after clause (iv) the following new names of the Senator from Missouri IN STOCK.— clause: (Mr. ASHCROFT) and the Senator from ‘‘(A) IN GENERAL.—The amount of any de- ‘‘(v) does not include any amounts paid by duction for depreciation allowable under sec- a tenant in connection with the acquisition North Carolina (Mr. FAIRCLOTH) were tion 167(a) to a non-patron or patron share- or holding of any patron stock (within the added as cosponsors of S. 831, a bill to holder with respect to any stock for any tax- meaning of section 1389(b)(1)(A)(ii)).’’. amend chapter 8 of title 5, United able year by reason of subparagraph (A) or (3) Section 42(i) of such Code is amended by States Code, to provide for congres- (B) of paragraph (1), respectively, shall not adding at the end the following new para- sional review of any rule promulgated exceed the adjusted basis of such stock as of graph: by the Internal Revenue Service that the close of the taxable year of the share- ‘‘(8) IMPACT OF SECTION 42 HOUSING COOPERA- increases Federal revenue, and for holder in which such deduction was incurred. TIVE’S RIGHT OF FIRST REFUSAL TO ACQUIRE other purposes. ‘‘(B) CARRYFORWARD OF DISALLOWED STOCK OF A SECTION 42 HOUSING COOPERA- AMOUNT.—The amount of any deduction TIVE.— S. 852 which is not allowed by reason of subpara- ‘‘(A) IN GENERAL.—No Federal income tax At the request of Mr. LOTT, the graph (A) shall, subject to the provisions of benefit shall fail to be allowable to a non-pa- names of the Senator from Minnesota subparagraph (A), be treated as a deduction tron or patron shareholder (within the mean- (Mr. GRAMS) and the Senator from Col- allowable under section 167(a) in the suc- ing of section 1389(b)(1)) of a section 42 hous- orado (Mr. CAMPBELL) were added as ceeding taxable year. ing cooperative (as defined in section cosponsors of S. 852, a bill to establish ‘‘(3) NO LIMITATION ON DEDUCTION BY SEC- 1389(b)(1)) with respect to any qualified low- TION 42 HOUSING COOPERATIVE.—Nothing in income building merely by reason of a right nationally uniform requirements re- this section shall be construed to limit or of first refusal or option or both held by the garding the titling and registration of deny a deduction for depreciation under sec- section 42 housing cooperative to purchase salvage, nonrepairable, and rebuilt ve- tion 167(a) by a section 42 housing coopera- non-patron stock of the cooperative after the hicles. tive with respect to property owned by such close of the compliance period for a price S. 912 cooperative and occupied by the patron which is not less than the minimum pur- At the request of Mr. BOND, the name shareholders thereof. chase price determined under subparagraph of the Senator from Maine (Ms. SNOWE) ‘‘(d) DISALLOWANCE OF DEDUCTION FOR CER- (B). TAIN PAYMENTS TO THE COOPERATIVE.—No de- ‘‘(B) MINIMUM PURCHASE PRICE.—For pur- was added as a cosponsor of S. 912, a duction shall be allowed to the holder of non- poses of subparagraph (A), the minimum pur- bill to provide for certain military re- patron or patron stock in a section 42 hous- chase price for the stock of a section 42 hous- tirees and dependents a special medi- ing cooperative for any amount paid or ac- ing cooperative is an amount equal to the care part B enrollment period during crued to such cooperative during any taxable present value of the remaining depreciation which the late enrollment penalty is year to the extent that such amount is prop- deductions which would be allowable under waived and a special medigap open pe- erly allocable to amounts paid or incurred at section 1389(c)(1) to the holder of such stock. riod during which no under-writing is For purposes of determining present value, any time by the cooperative which are permitted. chargeable to the cooperative’s capital ac- the discount rate provided in subsection count. The shareholder’s adjusted basis in (b)(2)(C)(ii) shall be applicable as determined S. 1166 the stock in the cooperative shall be in- at the time of the exercise of such option or At the request of Mr. CAMPBELL, the creased by the amount of such disallowance. right of first refusal.’’. name of the Senator from Illinois (Ms. ‘‘(e) RESTRICTION ON THE RESALE OF PATRON (4) Section 1381(a) of such Code is amended MOSELEY-BRAUN) was added as a co- STOCK.—Upon the transfer of patron stock, by striking ‘‘and’’ at the end of paragraph sponsor of S. 1166, a bill to prevent Fed- (1), by striking the period at the end of para- the consideration received by the holder of eral agencies from pursuing policies of such stock shall not exceed the shareholder’s graph (2) and inserting ’’, and’’, and by add- adjusted equity in such stock. For purposes ing at the end the following new paragraph: unjustifiable nonacquiescence in, and of this subsection, the term ‘adjusted equity’ ‘‘(3) any section 42 housing cooperative (as relitigation of, precedents established means the sum of— defined in section 1389(b)(1)).’’. in the Federal judicial circuits. ‘‘(1) the consideration paid for such stock (5) The table of sections for part III of sub- S. 1252 chapter T of chapter 1 of such Code is amend- by the first shareholder, as adjusted by a At the request of Mr. D’AMATO, the ed by adding at the end the following new cost-of-living adjustment and any other ac- name of the Senator from Nebraska ceptable adjustments determined by the Sec- item: (Mr. KERREY) was added as a cosponsor retary, and ‘‘Sec. 1389. Special rules for section 42 ‘‘(2) payments made by such shareholder housing cooperatives and their of S. 1252, a bill to amend the Internal for improvements to the house or apartment shareholders.’’.∑ Revenue Code of 1986 to increase the amount of low-income housing credits occupied by the shareholder. f ‘‘(f) DISTRIBUTIONS BY SECTION 42 HOUSING which may be allocated in each State, COOPERATIVE.—Except as provided in regula- ADDITIONAL COSPONSORS and to index such amount for inflation. tions under section 216(e), no gain or loss S. 249 S. 1264 shall be recognized on the distribution by a section 42 housing cooperative of a dwelling At the request of Mr. D’AMATO, the At the request of Mr. HARKIN, the unit to a holder of patron stock in such coop- names of the Senator from Washington name of the Senator from Massachu- erative if such distribution is in exchange for (Mrs. MURRAY) and the Senator from setts (Mr. KENNEDY) was added as a co- the shareholder’s stock in the cooperative Maryland (Ms. MIKULSKI) were added as sponsor of S. 1264, a bill to amend the

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5456 CONGRESSIONAL RECORD — SENATE May 22, 1998 Federal Meat Inspection Act and the COVERDELL) was added as a cosponsor SENATE CONCURRENT RESOLUTION 65 Poultry Products Inspection Act to of S. 1992, a bill to amend the Internal At the request of Ms. SNOWE, the provide for improved public health and Revenue Code of 1986 to provide that name of the Senator from New Hamp- food safety through enhanced enforce- the $500,000 exclusion of a gain on the shire (Mr. GREGG) was added as a co- ment. sale of a principal residence shall apply sponsor of Senate Concurrent Resolu- S. 1421 to certain sales by a surviving spouse. tion 65, a concurrent resolution calling At the request of Mr. KENNEDY, the S. 2007 for a United States effort to end rename of the Senator from California At the request of Mr. COCHRAN, the striction on the freedoms and human (Mrs. BOXER) was added as a cosponsor name of the Senator from North Caro- rights of the enclaved people in the oc- of S. 1421, a bill to amend the Public lina (Mr. FAIRCLOTH) was added as a co- cupied area of Cyprus. Health Service Act to provide addi- sponsor of S. 2007, a bill to amend the SENATE CONCURRENT RESOLUTION 88 tional support for and to expand clin- false claims provisions of chapter 37 of At the request of Mr. ASHCROFT, the ical research programs, and for other title 31, United States Code. names of the Senator from North Caro- purposes. S. 2031 lina (Mr. FAIRCLOTH) and the Senator S. 1480 At the request of Mr. GRASSLEY, the from Utah (Mr. BENNETT) were added as At the request of Ms. SNOWE, the name of the Senator from Wisconsin cosponsors of Senate Concurrent Reso- name of the Senator from Maryland (Mr. FEINGOLD) was added as a cospon- lution 88, a concurrent resolution call- (Ms. MIKULSKI) was added as a cosponsor of S. 2031, a bill to combat waste, ing on Japan to establish and maintain sor of S. 1480, a bill to authorize appro- fraud, and abuse in payments for home an open, competitive market for con- priations for the National Oceanic and health services provided under the sumer photographic film and paper and Atmospheric Administration to con- medicare program, and to improve the other sectors facing market access bar- duct research, monitoring, education quality of those home health services. riers in Japan. and management activities for the S. 2045 eradication and control of harmful SENATE CONCURRENT RESOLUTION 97 At the request of Mr. FAIRCLOTH, the algal blooms, including blooms of At the request of Mrs. FEINSTEIN, the name of the Senator from Georgia (Mr. Pfiesteria piscicida and other aquatic name of the Senator from New York COVERDELL) was added as a cosponsor toxins. (Mr. D’AMATO) was added as a cospon- of S. 2045, a bill to amend title 10, sor of Senate Concurrent Resolution 97, S. 1641 United States Code, to permit certain At the request of Mr. MOYNIHAN, the a concurrent resolution expressing the beneficiaries of the military health name of the Senator from Georgia (Mr. sense of Congress concerning the care system to enroll in Federal em- COVERDELL) was added as a cosponsor human rights and humanitarian situa- ployees health benefits plans, and for of S. 1641, a bill to direct the Secretary tion facing the women and girls of Af- other purposes. of the Interior to study alternatives for ghanistan. S. 2061 establishing a national historic trail to SENATE RESOLUTION 176 At the request of Mr. GRAHAM, the commemorate and interpret the his- At the request of Mr. DOMENICI, the tory of women’s rights in the United names of the Senator from South Caro- names of the Senator from New Hamp- lina (Mr. HOLLINGS) and the Senator States. shire (Mr. GREGG), the Senator from from Hawaii (Mr. INOUYE) were added S. 1759 Alaska (Mr. MURKOWSKI), the Senator as cosponsors of S. 2061, a bill to amend At the request of Mr. HATCH, the from Nebraska (Mr. HAGEL), and the title XIX of the Social Security Act to names of the Senator from Massachu- Senator from Massachusetts (Mr. KEN- prohibit transfers or discharges of resi- setts (Mr. KERRY), the Senator from Il- NEDY) were added as cosponsors of Sen- dents of nursing facilities. linois (Ms. MOSELEY-BRAUN), the Sen- ate Resolution 176, a resolution pro- S. 2073 ator from Kansas (Mr. BROWNBACK), claiming the week of October 18 and the Senator from Minnesota (Mr. At the request of Mr. HATCH, the through October 24, 1998, as ‘‘National WELLSTONE) were added as cosponsors name of the Senator from Kentucky Character Counts Week.’’ (Mr. MCCONNELL) was added as a co- of S. 1759, a bill to grant a Federal SENATE RESOLUTION 199 sponsor of S. 2073, a bill to authorize charter to the American GI Forum of At the request of Mr. TORRICELLI, the appropriations for the National Center the United States. names of the Senator from South Da- for Missing and Exploited Children. S. 1890 kota (Mr. DASCHLE), the Senator from S. 2092 At the request of Mr. DASCHLE, the Massachusetts (Mr. KENNEDY), the Sen- At the request of Mr. SMITH, the names of the Senator from North Da- ator from Montana (Mr. BAUCUS), the names of the Senator from New York kota (Mr. DORGAN) and the Senator Senator from Ohio (Mr. GLENN), the (Mr. D’AMATO), the Senator from Mis- from Ohio (Mr. GLENN) were added as Senator from Nevada (Mr. BRYAN), the souri (Mr. BOND), the Senator from cosponsors of S. 1890, a bill to amend Senator from California (Mrs. BOXER), New Jersey (Mr. TORRICELLI), and the the Public Health Service Act and the the Senator from Nevada (Mr. REID), Senator from Colorado (Mr. ALLARD) Employee Retirement Income Security the Senator from Montana (Mr. were added as cosponsors of S. 2092, a Act of 1974 to protect consumers in BURNS), and the Senator from South bill to promote full equality at the managed care plans and other health Dakota (Mr. JOHNSON) were added as United Nations for Israel. coverage. cosponsors of Senate Resolution 199, a S. 1891 SENATE JOINT RESOLUTION 44 resolution designating the last week of At the request of Mr. DASCHLE, the At the request of Mr. KYL, the name April of each calendar year as ‘‘Na- names of the Senator from North Da- of the Senator from Oregon (Mr. tional Youth Fitness Week.’’ kota (Mr. DORGAN) and the Senator WYDEN) was added as a cosponsor of f from Ohio (Mr. GLENN) were added as Senate Joint Resolution 44, a Joint cosponsors of S. 1891, a bill to amend Resolution proposing an amendment to SENATE CONCURRENT RESOLU- the Internal Revenue Code of 1986 to the Constitution of the United States TION 99—AUTHORIZING THE FLY- protect consumers in managed care to protect the rights of crime victims. ING OF THE POW/MIA FLAG plans and other health coverage. SENATE CONCURRENT RESOLUTION 35 Mr. LOTT submitted the following S. 1924 At the request of Mr. MOYNIHAN, the resolution; which was considered and At the request of Mr. GRAMM, his name of the Senator from Georgia (Mr. agreed to: name was added as a cosponsor of S. COVERDELL) was added as a cosponsor 1924, a bill to restore the standards of Senate Concurrent Resolution 35, a S. CON. RES. 99 used for determining whether technical concurrent resolution urging the Resolved by the Senate (the House of Rep- workers are not employees as in effect United States Postal Service to issue a resentatives concurring), That, for the purpose of section 1082(b)(1)(B) of the National De- before the Tax Reform Act of 1986. commemorative postage stamp to cele- fense Authorization Act for Fiscal Year 1998, S. 1992 brate the 150th anniversary of the first the display of the POW/MIA flag at the Cap- At the request of Mrs. HUTCHISON, the Women’s Rights Convention held in itol shall begin at 6:30 p.m. on Sunday, May name of the Senator from Georgia (Mr. Seneca Falls, New York. 24, 1998. As used in this section, the term

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5457 ‘‘POW/MIA flag’’ has the same meaning as in memorate 100 years of relations be- ised to continue close cooperation in section 1082 of such Act. tween the people of the United States responding to the Asian financial situ- SEC. 2. The Architect of the Capitol may and the people of the Philippines. It is ation and conducted a frank discussion prescribe regulations with respect to the first section of this resolution. especially fitting for Congress to recog- on bilateral issues, including remedi- nize our special relationship with the ation efforts at the former Subic and f Philippines because this year is also Clark bases and benefit parity for Fili- SENATE RESOLUTION 235—COM- the centennial of Philippine independ- pino-American veterans. MEMORATING 100 YEARS OF RE- ence from Spain. Senators HELMS, During this special year in which we LATIONS BETWEEN THE PEOPLE BIDEN, THOMAS, INOUYE, ROTH, LUGAR, observe the centennial of our relation- OF THE UNITED STATES AND BOXER, COCHRAN, COVERDALE, and MUR- ship with the Philippines and the cen- THE PHILIPPINES RAY have joined me in submitting the tennial of their independence, we have Mr. AKAKA (for himself, Mr. HELMS, resolution. much to celebrate. First, we recognize Mr. BIDEN, Mr. THOMAS, Mr. INOUYE, Our country’s friendship with the the valuable contributions of Filipino- Mr. LUGAR, Mrs. BOXER, Mr. COCHRAN, Philippines began in 1898, a year which Americans to our nation. Filipino Mrs. MURRAY, Mr. ROTH, Mr. COVER- also marked a growing U.S. interest in Americans helped to build and create DELL, Mrs. FEINSTEIN, and Mr. DURBIN) the Pacific region. Over the years, the the modern Hawaiian economy and submitted the following resolution; Philippines has modeled its govern- have contributed greatly to the cul- which was referred to the Committee mental institutions after the United tural diversity that is celebrated in my on Foreign Relations: States and has demonstrated a growing state. My good friend, Governor Ben S. RES. 235 commitment to democracy, human Cayetano, is the first Filipino-Amer- Whereas 1998 marks 100 years of special rights, and a free market economy. ican governor in the United States. In ties between the people of the United States Until the end of the Cold War, the addition, we reflect on our close friend- and the people of the Philippines and is also United States maintained major mili- ship and cooperation with the Phil- the centennial celebration of Philippine tary facilities in the Philippines, which ippines in times of war and peace. And independence from Spain which initiated re- played a significant role in preserving finally, we look forward to continued lations with the United States; regional peace and stability. The Whereas the people of the Philippines have close ties with a democratic and pros- on many occasions demonstrated their United States has important strategic, perous Republic of the Philippines, as strong commitment to democratic principles economic, and political interests in we work together to champion democ- and practices, the free exchange of views on Southeast Asia and regional stability racy and economic growth in the dawn- matters of public concern, and the develop- remains an overriding U.S. concern. To ing Pacific century. ment of a strong civil society; this end, Filipino soldiers have stood f Whereas the Philippines has embraced eco- shoulder to shoulder with American nomic reform and free market principles troops on the battlefields of World War and, despite current challenging cir- SENATE RESOLUTION 236—TO EX- cumstances, its economy has registered sig- II, Korea, and Vietnam to protect and PRESS THE SENSE OF THE SEN- nificant economic growth in recent years advance mutual interest. Today, the ATE REGARDING ENGLISH PLUS benefiting the lives of the people of the Phil- Philippines remains an important part- OTHER LANGUAGES ippines; ner in guarding the peace and main- Mr. DOMENICI (for himself, Mr. Whereas the large Philippine-American taining stability in Southeast Asia. MCCAIN, Mr. HATCH, Mr. DEWINE, Mr. community has immeasurably enriched the In the twelve years since the peaceful CHAFEE, Mr. LUGAR, Mr. HAGEL, Mr. fabric of American society and culture; ‘‘people power’’ revolution restored de- GRASSLEY, Mr. ABRAHAM and Mrs. Whereas Filipino soldiers fought shoulder mocracy to the Philippines, President to shoulder with American troops on the bat- HUTCHISON) submitted the following Aquino and Ramos established a demo- tlefields of World War II, Korea, and Viet- resolution; which was referred to the cratic government and instituted mar- nam; Committee on Labor and Human Re- ket-based reforms which placed the Whereas the Philippines is an increasingly sources: important trading partner of the United Philippines—politically and economi- States as well as the recipient of significant cally—on a strong foundation for the S. RES. 236 direct American investment; 21st century. Economic growth exceed- Whereas English is the most widely used Whereas the United States relies on the ed 6 percent last year and is forecast to language in the areas of finance, trade, tech- Philippines as a partner and treaty ally in nology, diplomacy, and entertainment, and fostering regional stability, enhancing pros- grow at 3 percent in 1998. is the living library of the last 100 years of perity, and promoting peace and democracy; In many ways the Philippines has scientific and technological advance; and emerged as a model for her Asian Whereas there are more speakers of Whereas the 100th anniversary of relations neighbors. Political stability and English as a second language in the world between the people of the United States and democratic institutions were strength- than there are native English speakers, and the people of the Philippines offers an oppor- ened by free market and trade reforms. the large number of English language tunity for the United States and the Phil- In turn, deregulation, lower tariffs and schools around the world demonstrates that ippines to renew their commitment to inter- government debt, financial trans- English is as close as any language has been national cooperation on issues of mutual in- parency, and respect for the rule of law to becoming the world’s common language; terest and concern: Now, therefore, be it Whereas English is the common language Resolved, That the Senate— provide a healthy economic foundation of the United States, is important to Amer- (1) congratulates the Philippines on the for the Philippine’s future. ican life and individual success, and 94 per- commemoration of its independence from It was not long ago that the Phil- cent of United States residents speak Spain; ippine economy was far behind the eco- English according to the 1990 decennial cen- (2) looks forward to a broadening and deep- nomic tigers of Asia. The Filipino peo- sus; ening of friendship and cooperation with the ple’s love of democracy and political Whereas immigrants to the United States Philippines in the years ahead for the mu- have powerful incentives to learn English in tual benefit of the people of the United vitality were blamed in large part for this circumstance. Critics cited the ab- order to fully participate in American soci- States and the people of the Philippines; ety and the Nation’s economy, and 90 per- (3) supports the efforts of the Philippines sence of so-called ‘‘Asian values’’ in the cent of all immigrant families become fluent to further strengthen democracy, human Philippines, namely a willingness to in English within the second generation; rights, the rule of law, and the expansion of make democracy secondary to pros- Whereas a common language promotes free market economics both at home and perity and order. History has proven unity among citizens, and fosters greater abroad; and these commentators wrong, and today communication; (4) recognizes the close relationship be- the Filipino model inspires advocates Whereas there is a renaissance in cultural tween the nations and the people of the assertiveness around the world, noting that United States and the people of the Phil- of democracy throughout Asia. Sta- bility relies upon democracy and pru- the more interdependent nations become ippines and pledges its support to work economically, the more interested the na- closely with the Philippines in addressing dent economic policies. tions are in preserving and sharing cultural new challenges as we begin our second cen- Last month when President Clinton identity; tury of friendship and cooperation. and President Ramos met at the White Whereas the reality of a global economy is Mr. AKAKA. Mr. President, today I House they reaffirmed the friendship an ever-present international development am submitting a resolution to com- between our nations. The leaders prom- that is fostered by international trade and

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5458 CONGRESSIONAL RECORD — SENATE May 22, 1998 the creation of regional trading blocs, such dividuals who want to succeed in American As our world economy barges into as the European Union, Mercosur, the North society; the next century, it has become clear American Free Trade Agreement and the As- (3) recognize that command of the English the ‘‘domestic-only market planning’’ sociation of Southeast Asian Nations; language is a critical component of the suc- has been replaced by the era of inter- Whereas knowledge of English, Spanish, cess and productivity of our Nation’s chil- French, Italian, German, Japanese, Chinese, dren, and should be encouraged at every age; national trade agreements and the cre- Korean, Vietnamese, African languages, (4) recognize that a skilled labor force is ation of regional trading blocs. In 1996, Farsi, sign language, and the many other crucial to United States competitiveness in the total volume of trade with Mexico languages of the world, enhances competi- a global economy, and the ability to speak 1 was estimated at $130 billion. Our trade tiveness and tremendous growth in world or more languages in addition to English is with the rest of Latin America that trade; a significant skill; same year was $101 billion. Whereas the United States is well postured (5) recognize that knowledge of Spanish, in Spanish is clearly a growing cultural for the global economy and international de- particular, is vital for building future cul- and economic force in our hemisphere. velopment with the United States’ diverse tural and economic bridges to Latin Amer- population and rich heritage of languages ica; It is also the common language of hun- from all around the world; (6) support literacy programs, including dreds of millions of people. New Mexico Whereas many American Indian languages programs designed to teach English, as well is the only state that requires the use are indigenous to the United States, and as those dedicated to helping Americans of both English and Spanish on every should be preserved, encouraged, and uti- learn and maintain other languages in addi- election ballot. lized, as the languages were used during tion to English; and As the son of an Italian immigrant, I World War II when the Navajo Code Talkers (7) develop our Nation’s linguistic re- can personally testify to the impor- created a code that could not be broken by sources by encouraging citizens of the tance of English Plus. My father did the Japanese or the Germans; United States to learn and maintain Span- not read or write in English, yet he in- Whereas Spanish exploration in the New ish, French, German, Japanese, Chinese, World began in 1512 when Ponce de Leon ex- Italian, Korean, Vietnamese, Farsi, African sisted that I learn English and do my plored the Florida peninsula, and included languages, sign language, and the many best at some Italian. My parents both the expeditions of Francisco Coronado other languages of the world, in addition to spoke Spanish—a skill which they throughout California to Kansas and across English. found very useful in establishing a Arizona, New Mexico, Texas, and Oklahoma Mr. DOMENICI. Mr. President, today wholesale grocery business in Albu- from 1540 to 1542; I am proud to be joined by Senators querque. Whereas the Nation will commemorate the MCCAIN, HATCH, DEWINE, CHAFEE, Tens of thousands of New Mexico 400th anniversary of the first Spanish Settle- families still speak Spanish at home. ment of the Southwest (Ohkay Yunge at San LUGAR, HAGEL, GRASSLEY, and ABRA- Juan Pueblo, New Mexico) with official vis- HAM in submitting a Senate Resolution Spanish remains a strong tie to their its from Spain, parades, fiestas, masses, and entitled ‘‘English-Plus.’’ By this, we culture, music, history, and folklore. other celebrations to emphasize the impor- simply mean to reaffirm the impor- After decades of being taught to learn tance of the first encounters with American tance of mastering the English lan- English first, most New Mexico His- Indian cultures and the subsequent impor- guage plus other languages of the panic families also know English very tance of encounters with other European cul- world, such as Spanish, Italian, Ger- well. tures; man, Japanese, Chinese, Vietnamese, It is ironic that recent economic Whereas Hispanic culture, customs, and and many, many more. trends of this decade show Latin Amer- the Spanish language are a vital source of fa- As English becomes the world lan- ica as the most promising future mar- milial and individual strength; Whereas the Bureau of the Census esti- guage of finance, trade, technology, di- ket for American goods and services. mates that 1 in 5 Americans will be of His- plomacy, and entertainment, the re- An article in The Economist of April 21, panic descent by the year 2030, and the fu- ality of international markets and 1998, stresses the value of the Spanish ture cultural, political, and economic international learning require a great- language to America’s fastest growing strengths of this country are clearly depend- er sensitivity to local languages. In our minority group. ent upon our Nation’s ability to harness the hemisphere, Spanish is clearly a domi- ‘‘America’s Latinos are rapidly be- talents and skills of this large and growing nant language. coming one of its most useful re- segment of the American population; In my home state of New Mexico, 37 sources.’’ The Economist, however, also Whereas it is clearly in the interest of the percent of the people are Spanish- United States to encourage educational op- goes on to note that, ‘‘The Spanish lan- portunity for and the human potential of all Americans or Mexican-Americans. guage, which is their glory, also con- citizens, and to take steps to realize the op- These days, the term ‘‘Hispanic Ameri- signs too many of them to jobs not far portunity and potential; cans’’ is used to include Americans removed from indentured slavery.’’ Whereas a skilled labor force is crucial to whose roots are in Spain, Mexico, Puer- ‘‘Although they often meet discrimi- the competitiveness of the Nation in today’s to Rico, Cuba, Central America, and nation, they have little taste for the global economy, foreign language skills are a South America. As U.S. News reported politics of quotas or compensation. tremendous resource to the United States, in the May 11, 1998, issue, ‘‘the label And although they have always sup- and such foreign language skill enhances Hispanic obscures the enormous diver- ported ‘affirmative action’ pro- American competitiveness in global markets by permitting improved communication and sity among people who come (or whose grammes, they now loathe bilingual understanding; forebears came) from two dozen coun- education, the programme most spe- Whereas one of the common bonds of His- tries and whose ancestry ranges from cifically devised to give them a leg-up panic people is the Spanish language, and pure Spanish to mixtures of Spanish into American life.’’ promoting the use of Spanish at home and in blood with Native American, African, ‘‘Even poor Latinos retain a sturdy cultural affairs will benefit not only the German, and Italian, to name a few hy- distrust of government preferring to growing Hispanic population of the United brids.’’ rely on their families. Relatively few States but also the economic interests of the U.S. News also reported in the same Latinos are on welfare; most believe entire Nation; and issue that ‘‘The number of Hispanics is Whereas knowledge of other languages and that a man ought to help himself first other cultures is known to enhance the increasing almost four times as fast as by his own efforts.’’ United States diplomatic efforts by fostering the rest of the population, and they are It is no longer accurate to say that greater communication and understanding expected to surpass African-Americans we are perched to enter a global econ- between nations, and can promote greater as the largest minority group by 2005.’’ omy—rather, we are well into it. With understanding between different ethnic and In the October 21, 1996, issue, U.S. News Latin America as the next great mar- racial groups within the United States: Now, reported that ‘‘Nearly 28 million peo- ket partner of the United States, those therefore, be it ple—1 American in 10—consider them- Americans who know both English and Resolved, That the United States Govern- selves of Hispanic origin.’’ This 1996 es- Spanish will have many new grand opment should pursue policies that— timate was based on 1994 Census data. portunities. Mexico’s recent hiring and (1) support and encourage Americans to Current estimates are that there are 29 celebration of its one-millionth master the English language plus other languages of the world; million Hispanics in America, or 1 in 9 maquiladora worker in international (2) recognize the importance of English as Americans. By 2050 projections are that manufacturing plants mostly along our the unifying language of the United States, 1 in every 4 Americans will be His- border, the value of knowing two lan- and the importance of English fluency for in- panic. guages to function with the hundreds

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5459 of Fortune 500 companies now manu- fluency, in one or more languages in accordance with Indonesia’s constitutional facturing in Mexico is unquestioned. addition to English. Individuals who processes; Mr. President, I have long believed have the capability to communicate in Whereas Indonesia is now embarking on a that New Mexico and other border multiple languages have access to a new era that is ripe for political and economic reform; states are uniquely poised to create the wealth of opportunities economically, Whereas in 1975 Indonesia invaded, and focal point of North American trade socially, professionally and personally. since that time has illegally occupied, East with South America. I agree with The Encouraging our citizens to be bilin- Timor claiming the lives of approximately Economist observation that ‘‘America’s gual or multilingual serves as a tre- 200,000 East Timorese; Latinos are rapidly becoming one of its mendous resource to the United States, Whereas Indonesia has systematically most useful resources.’’ I predict that because it enhances our competitive- committed human rights abuses against the English Plus Spanish will be one of the ness in global markets by enabling people of East Timor through arbitrary ar- major marketable skills for the next communication and cross-cultural un- rests, torture, disappearances, extra-judicial executions, and general political repression; century. derstanding while trading and con- Whereas 8 United Nations General Assem- In conclusion, I would like my col- ducting international business. In addi- bly and 2 United Nations Security Council leagues to see the shallowness of tion, multilingualism enhances our na- resolutions have reaffirmed the right of the thought behind the idea that ‘‘English tion’s diplomatic efforts and leadership people of East Timor to self-determination; Only’’ should be the wave of the future. role on the international front by fos- Whereas Bishop Carlos Filipe Ximenes If we want to miss our best potential tering greater communication and un- Belo and Jose Ramos-Horta, who were markets in Mexico, Central America, derstanding between nations and their awarded the 1996 Nobel Peace Prize for their and South America, then ‘‘English people. courageous contribution to the East Timor- Only’’ should be our intent. If we want ese struggle, have called for a United Na- Foreign language skills also serve as tions-sponsored referendum on self-deter- to become a more powerful cultural a powerful tool for promoting greater mination of the East Timorese; and economic American force in the cross-cultural understanding between Whereas President Clinton in a letter world—including both North and South the multitude of racial and ethnic dated December 27, 1996, expressed interest America into the meaning of ‘‘Amer- groups in our country. One in five in the idea of a United Nations-sponsored ica’’—then we should adopt ‘‘English Americans will be of Hispanic descent referendum on self-determination in East Plus’’ as approach. by the year 2030. According to the 1990 Timor; As stated in our resolution, ‘‘English Census, Spanish is the second most Whereas the United States cosponsored a 1997 United Nations Human Rights Commis- Plus’’ includes many if not all of the widely used language in the world. It is languages of the world. No one disputes sion Resolution calling for Indonesia to com- my firm belief that developing a great- ply with the directives of existing United Na- the importance of English as the leader knowledge of the Spanish language tions resolutions regarding East Timor; and ing language of science, technology, will benefit the economic and cultural Whereas present circumstances provide a the internet, finance, and diplomacy. interests of our entire country. Being unique opportunity for a resolution of the By acknowledging our heightened proficient or fluent in languages be- East Timor question: Now, therefore, be it abilities through the addition of other sides English, combined with an under- Resolved, That it is the sense of the Senate languages to our national strengths, standing of various cultures, will sig- that the President should— (1) encourage the new political leadership the United States will benefit greatly nificantly enhance communication and by expanding its cultural life and eco- in Indonesia to institute genuine democratic understanding between the various ra- and economic reforms, including the estab- nomic potential through the applica- cial and ethnic groups in our country. lishment of an independent judiciary, civil- tion of the notion of ‘‘English Plus’’ This resolution highlights the impor- ian control of the military, and the release other languages of the world. tance of implementing policies in our of political prisoners; Mr. MCCAIN. Mr. President, I rise country which support and encourage (2) encourage the new political leadership today with my several of my colleagues all Americans to master English, plus in Indonesia to promote and protect the from the Hispanic Task Force to sub- one or more other languages of the human rights and fundamental freedoms of all the people of Indonesia and East Timor; mit a Resolution on English-Plus. This world. It is critical that we continue resolution is intended to express the and supporting policies and programs (3) work actively, through the United Na- importance of the English language in which stress the importance of English tions and with United States allies, to carry our society, PLUS the importance of but we should also encourage all Amer- out the directives of existing United Nations knowing, understanding and speaking icans to study, learn and familiarize resolutions on East Timor and to support an other languages in addition to English. themselves with the languages of many internationally supervised referendum on As a member of the Hispanic Task other cultures. self-determination. Force, I have been working closely I urge the Senate to adopt this reso- SEC. 2. The Secretary of the Senate shall with my colleagues, Senators DOMENICI transmit a copy of this resolution to the lution, which sends a clear message to President. and HATCH, in developing this resolu- our citizens and the people of the world ∑ Mr. FEINGOLD. Mr. President, over tion. Many of our colleagues may be that Americans are committed to en- the past few days, the world has curious to know what we mean when couraging proficiency in English as watched in disbelief as Indonesia has we say ‘‘English Plus.’’ ‘‘English-Plus’’ well as other international languages. reflects our firm belief that all mem- unraveled. Barely two days ago, in re- bers of our society need to recognized f sponse to mounting domestic and and understand the importance of SENATE RESOLUTION 237—EX- international pressure, President being fluent in English, Plus one or PRESSING THE SENSE OF THE Suharto, Indonesia’s authoritarian more additional languages. SENATE REGARDING THE SITUA- ruler for 32 years, announced his res- Everyone agrees that all Americans TION IN INDONESIA AND EAST ignation. For the moment, power has must be fluent in English in order to TIMOR been transferred to Suharto’s longtime confidant, the former Minister of Re- succeed in today’s society. Not only is Mr. FEINGOLD (for himself, Mr. English the common language of our search and Technology, Vice President, REED, Mr. MOYNIHAN, Mr. KOHL, Mr. nation, it is also the most popular and B.J. Habibie. KENNEDY, Mr. HARKIN, and Mr. widely used language internationally Mr. President, it is too soon to tell WELLSTONE) submitted the following whether this transition will satisfy the in the areas of finance, trade, tech- resolution; which was referred to the demands of the students and other In- nology, diplomacy and entertainment. Committee on Foreign Relations: This is why it is critical that we con- donesians who have been protesting S. RES. 237 tinue encouraging all members of our Suharto’s rule for the past three society to be fluent in the English lan- Whereas recent political turmoil and eco- months. To be honest, I doubt it. These nomic failure in Indonesia have endangered students want real political reform, guage. the people of that country and fomented in- However, I believe it is equally im- stability in the region; and I believe all of Indonesia’s people portant for each of us to encourage all Whereas President Suharto has properly deserve such reform. members of our society to study and responded to this crisis by resigning, after 32 I hope Indonesia’s new leadership will develop an understanding of, if not a years in office, the presidency of Indonesia in exercise restraint during this period of

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5460 CONGRESSIONAL RECORD — SENATE May 22, 1998 transition, and will use the present cir- campuses. But while the protests were On Thursday, President Suharto re- cumstances to enact policies that ap- triggered in response to the economic signed his position after leading Indo- propriately address the needs of all In- turmoil caused by the larger financial nesia for thirty-two years. His action donesians. crisis in Asia, they quickly gave voice was a response to civil unrest and eco- At the same time, I think these cir- to political dissent of a sort not seen in nomic turmoil which reached a cre- cumstances present a unique oppor- Indonesia for decades. As the students scendo in the past few weeks. President tunity to deal with one of Indonesia’s slowly realized they had a political Suharto is to be commended for heed- most vexing problems, and one that I voice, they began to speak out more ing the call of the Indonesian people have been actively engaged in since be- forcefully, and the demonstrations infor change, for avoiding further blood- fore I joined the Senate—the question creased—moving out to more cities and shed, and for permitting a change of of the political status of East Timor. spilling off of the campuses. leadership in accordance with the con- Mr. President, today my colleague Now, the situation has become dan- stitutional processes of Indonesia. from Rhode Island [Mr. REED] and I are gerous, fatal for some, as widespread Now, it is time for change. The peo- riots and looting have spread across submitting a resolution encouraging a ple of Indonesia and the world have Jakarta and elsewhere. The economy is solution to the political status of East called for it. The United States should nearing a standstill and the military is Timor. This resolution is similar to H. do everything in its power to encour- beginning to show signs of stress and Con. Res. 258, introduced in the House age and support the new political lead- fracture. Reports of the dead and in- of Representatives by Rep. NITA LOWEY ership of Indonesia to implement re- jured continue to grow. Hundreds of and others. forms. This resolution says simply: the people have been arrested. United States should support an inter- And of course no one really knows Most importantly, we are on the nationally supervised self-determina- what to expect during the unfolding po- threshold of the chance to resolve the tion referendum in East Timor. litical drama of Indonesia. question of East Timor. In 1975, Indo- Indonesia has sustained a brutal This crisis clearly has affected all of nesia invaded East Timor. For over two military occupation of East Timor for Indonesia and will have serious impli- decades that land has been wracked by more than 20 years, and thousands of cations for the country’s future, but I fear, suppression, torture and death. East Timorese have lost their lives as a am particularly concerned about the Approximately one third of the popu- result. Human rights organizations impact of these recent events on East lation has been killed. The United Na- from around the world, as well as our Timor. tions has called again and again for a own State Department, continue to re- As my colleagues well know, I have just, comprehensive and internation- port substantial human rights viola- been monitoring the situation in East ally acceptable solution in East Timor, tions by the Indonesian military—in- Timor for more than six years. What but to no avail. cluding arbitrary arrest and detention, particularly worries me now, given this Mr. President, we must seize this op- curbs on freedom of expression and as- larger political crisis, are reports of in- portunity. The oppression of East sociation, and the use of torture and creasing numbers of troops in some of Timor must end. The people of East summary killings of civilians. East Timor’s major cities. This is ex- Timor have a right to self-determina- Immediately after the Indonesian oc- tremely destabilizing, coming on the tion. They, and the people of Indonesia, cupation of East Timor in 1975, and heels of a dire humanitarian situation deserve to live securely in economic, again in 1976, the United Nations Secu- on that captive island because of poor political and physical freedom. rity Council called for Indonesia to access to food. The resolution Senator REED and I Against overwhelming odds, the peo- withdraw from the region and called are submitting today is important at ple of Indonesia and East Timor have for the recognition of East Timorese this time because it is clear that what- bravely fought for their rights and self-determination. From 1976 to 1982, ever happens in Jakarta over the next caused a powerful leader to resign. The the U.N. General Assembly adopted weeks and months will no doubt have United States if obligated to support eight separate resolutions calling for profound implications for political and them and encourage the new leadership the withdrawal of Indonesian armed military development in East Timor. of Indonesia to institute genuine demo- forces from the territory. In the past The great irony of the latest crisis in cratic and economic reforms, promote few years, several nations, including Indonesia is that it may actually and protect the human rights of the the European Union and the Australian present us with an opportunity once citizens, and respect the right of the Senate, have delivered strong state- and for all to help the people of East people of East Timor to self-determina- ments condemning the actions of the Timor exercise their right to self-de- tion. I join Senator FEINGOLD in urging Indonesian government in East Timor termination. Habibie, or any other the Senate to adopt this resolution.∑ and calling for a process of self-deter- leader that succeeds him—through le- mination. gitimate means or by brutal coup—will f As you know, Bishop Carlos Ximenes have to reevaluate Indonesia’s rela- Belo, co-winner with Jose Ramos Horta tionship with East Timor. It is my sin- AMENDMENTS SUBMITTED of the 1996 Nobel Peace Prize, has long cere hope that any successor will rec- called for the self-determination of his ognize that Indonesia’s brutal occupa- people and reiterated his plea for a tion of the territory is entirely self-determination referendum imme- unsustainable and will look to the nat- IRAN MISSILE PROLIFERATION diately after receiving news of his ural solution of a self-determination SANCTIONS ACT OF 1998 Nobel prize. referendum to help determine East Even President Clinton, who has not Timor’s political status. engaged on this issue in the past, ex- Mr. President, the East Timorese de- pressed interest in the idea of a United serve the support of people of con- LEVIN AMENDMENT NO. 2444 Nations-sponsored self-determination science all over the world, and the referendum in a December 1996 letter United States should use it world lead- Mr. LEVIN proposed an amendment to me. ership position on their behalf. The to the bill (H.R. 2709) to impose certain Mr. President, as we know, although United States should begin imme- sanctions on foreign persons who trans- the larger political crisis in Indonesia diately to encourage the process of fer items contributing to Iran’s efforts has been brewing for sometime now, self-determination in both Indonesia to acquire, develop, or produce ballistic events of recent days have taken on a and in East Timor. missiles; as follows: surreal intensity. Since the early part It is long overdue.∑ On page 2, beginning on line 15, strike out of this year, there had been relatively ∑ Mr. REED. Mr. President, I am proud ‘‘August 8, 1995—’’, and insert in lieu thereof peaceful protests taking place largely to join with my colleague from Wis- ‘‘January 22, 1998—’’. in Jakarta, the capital. For the most consin, Senator FEINGOLD, submitting On page 6, beginning on line 24, strike out part, these demonstrations were led by this resolution which addresses the un- ‘‘August 8, 1995—’’, and insert in lieu thereof students and confined to university folding events in Indonesia. ‘‘January 22, 1998—’’.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5461 THE NATIONAL DEFENSE AUTHOR- in the Rochester Post Bulletin in Roch- not enough is being said about the IZATION ACT FOR FISCAL YEAR ester, MN that illustrates very well the challenges facing families with chil- 1999 tremendous child care challenges fac- dren who have disabilities. ing families. This is a story about a Child care policies must address child with disabilities and her parents issues of access and quality as it re- INHOFE AMENDMENT NO. 2445 who are having increasing problems lates to special needs children. Many of (Ordered to lie on the table.) finding quality child care. Mr. Presi- the bills introduced this year do not Mr. INHOFE submitted an amend- dent, I will ask that this article be address special needs issues. In fact, ment intended to be proposed by him printed in the RECORD at the conclu- Senate bill 1610 asks for more than 20 to the bill (S. 2057) to authorize appro- sion of my remarks. billion dollars through fiscal year 2003 priations for the fiscal year 1999 for Mr. President, at the age of six to improve the affordability of child military activities of the Department months, this young child—Christina care and an additional three billion Barth—developed infantile spasms or of Defense, for military construction, dollars through fiscal year 2003 for en- epilepsy. Christina is not alone. More and for defense activities of the De- hancing the quality of child care and than two million Americans have some partment of Energy, to prescribe per- early childhood development. However, form of epilepsy. More than one fourth sonnel strengths for such fiscal year there are no provisions regarding an in- of them are children under the age of for the Armed Forces, and for other crease of availability, affordability, 18. purposes; as follows: and quality Of child care for children Upon her diagnosis, Christina was with special needs. On page 347, below line 23, add the fol- treated with many different types of lowing: It is our duty, Mr. President, to medication. Unfortunately, none of the make sure that these special needs SEC. 2833. ELIMINATION OF WAIVER AUTHORITY treatments worked successfully. Then, REGARDING PROHIBITION AGAINST children and their parents have the CERTAIN CONVEYANCES OF PROP- at the age of three, Christina under- same opportunities as other children ERTY AT NAVAL STATION, LONG went a partial lobotomy on the right and families. Today I urge my col- BEACH, CALIFORNIA. side of her brain. The surgery success- leagues on both sides of the aisle to Section 2826 of the Military Construction fully treated her disease for almost two Authorization Act for Fiscal Year 1998 (divi- make sure that children with special years. But then, the symptoms devel- needs are not left out or forgotten in sion B of Public Law 105–85; 111 Stat. 2001) is oped on the left side of her brain. Since amended by striking out subsection (e). any legislation regarding child care that time, Christina has lived with epi- that comes before this Congress. f lepsy. Mr. President, I ask that the article Now Christina is 11 years old. She at- NOTICE OF HEARING from the Rochester Post Bulletin be tends a special education class at Gage COMMITTEE ON ENERGY AND NATURAL Elementary School. She functions on printed in the RECORD. RESOURCES the cognitive level of an 18-month-old The article follows. Mr. CRAIG. Mr. President, I would child. Her family hopes and prays that SPECIAL NEEDS CHILD CARE IS ‘‘ACCIDENT like to announce for the public that a a cure for epilepsy will be found some- WAITING TO HAPPEN’’ hearing previously announced for June day. (By Mary Divine) 11, 1998, has been rescheduled before Like most other families with special Julie Sauer’s daughter was only 6 months the Subcommittee on Forests and Pub- needs children, Christina’s parents face old when she began shaking and quivering lic Land Management of the Senate daily challenges in caring for their uncontrollably. No reason, no explanation. Committee on Energy and Natural Re- child. Identifying high quality child For the next two years of her life, little Christina Barth experienced almost constant sources. care is among the most difficult chal- seizures, said Sauer, a lab technician at The hearing will take place Wednes- lenges her parents face. Mayo Clinic. Finally, when she was 21⁄2, day, June 17, 1998, at 2:00 p.m. in room Finding a child care provider—wheth- Christina underwent a partial lobotomy at SD–366 of the Dirksen Senate Office er it be a commercial day care center UCLA’s Medical Center. Building in Washington, DC. or an in-home care giver—is becoming Christina, now 11 and a student at Gage El- The purpose of this hearing is to re- more and more difficult. This point was ementary School, is mentally disabled and ceive testimony on S. 1253, the Public made by a witness who recently testi- has an intractable seizure disorder. She func- Land Management Improvement Act of fied before the Finance Committee tions at the level of an 18-month old child, about the challenges of finding child Sauer said. 1997. Because of her special needs Christina Those who wish to submit written care for a child with disabilities. needs specialized child care, child care that statements should write to the Com- Most child care providers tend not to Julie Sauer said isn’t available in Rochester. mittee on Energy and Natural Re- enroll special needs children because ‘‘Our dilemma is finding child care for her sources, U.S. Senate, Washington, DC often the child needs one-on-one care. before school, for non-school days and for the 20510. For further information, please And, the fear of the unknown presents upcoming summer vacation,.’’ Julie Sauer call Amie Brown or Mark Rey at (202) an added risk to an already demanding said. 224–6170. job. Sauer and her husband, Bob Sauer, the In Christina’s case, a state funded owner of Rochester Drain-Rite, have been in f agency has helped her family locate an touch with the School-Age Child Care pro- in-home care giver that cares for Chris- gram. Child Care Resource and Referral, Arc AUTHORITY FOR COMMITTEE TO Olmsted County, Hiawatha Homes and a MEET tina while her parents are at work. home day care provider. Child Care Resource But, Mr. President, access is only the and Referral found that area day care cen- SELECT COMMITTEE ON INTELLIGENCE first hurdle in finding child care. Qual- Mr. KYL. Mr. President, I ask unani- ters and School-Age Child Care did not have ity is equally important. Unfortu- enough staff to provide the one-to-one care mous consent that the Select Com- nately, in Christina’s case, her child Christina requires, Julie Sauer said. mittee on Intelligence be authorized to care providers have not been ade- ‘‘If only there were a place that was capa- meet during the session of the Senate quately trained to handle or even rec- ble of taking care of her, like a day care cen- on Friday, May 22, 1998, to hold a busi- ognize when Christina has an epileptic ter,’’ Julie Sauer muses as she strokes her daughter’s hair. ness meeting. attack. The PRESIDING OFFICER. Without At one time, Mr. President, the agen- UNSATISFACTORY CARE objection, it is so ordered. cy that placed the providers with Since the beginning of the school year, the f Christina called her parent’s to warn Sauers have relied on before and after school them of an employee and told them to care provided by a personal care attendant. ADDITIONAL STATEMENTS But the Sauers say the care isn’t satisfac- call the police if she came to their tory. home. ‘‘We had five new people in one week.’’ Bob This raises a question Mr. President. SPECIAL NEEDS CHILDREN Sauer said ‘‘We have people who never even Who is watching the watchers? showed up.’’ ∑ Mr. GRASSLEY. Mr. President, on Mr. President, in the national debate The turnover in staff is confusing to Chris- Saturday, April 18, 1998, an article ran about child care it seems to me that tina, Julie Sauer said. ‘‘She doesn’t want to

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5462 CONGRESSIONAL RECORD — SENATE May 22, 1998 get off the bus because she doesn’t know traordinary contributions and service election years! Press coverage—some of them.’’ to veterans and the DAV. it favorable, some of it not so favor- If a snow day is called, the Sauers panic. During the 1950’s, Dick served his able—is all a part of the system. In- But they panic on other days as well. Once, country proudly in the Air Force. He is deed, it is an important part of our they came home to find blood on the carpet and a shower rod in the upstairs bathroom a long time active member of DAV democratic system. So important that ripped from the wall. Christina was fine, but chapter 3 in Green Bay and he has the Constitution’s framers bestowed the personal care attendant on duty that day served as Wisconsin State Adjutant for upon us the First Amendment protec- was never allowed back into their home. over ten years. In 1993–1994, Dick was tions of free speech and press. And lest Often, they have Bob Sauer’s daughter elected and served as the National we condemn those who have followed from a previous marriage watch the personal Commander of the DAV where he recent infamous criminal trials too care attendant who is supposed to be caring spearheaded an effort to change some closely, I would note that the Sixth for Christina. pre-existing policies, helping to rees- Amendment guarantees the right to a ‘‘Sometimes I think that it’s Christina public trial. The glare of the spotlight who should be watching them,’’ he said. tablish the DAV as one on the strong- One attendant didn’t realize Christina was est and most influential Veterans is an unavoidable, and in most cases, having a seizure until Sauer’s son told her, groups. Dick was recognized as the laudable, feature of a free democratic- Sauer said. DAV’s National Amputee of the year, republic. ‘‘We have strangers coming into the house and is also a member of the Wisconsin Unfortunately, just as the right to who just don’t have a clue,’’ he said. ‘‘There Board of Veterans affairs. swing one’s fist may end at another have been people in this house that we have Mr. President, I hope all of my col- man’s nose, the right to aim one’s cam- never met. Once, they called and warned us leagues will join me in offering our era at another person’s face may end about one of the PCAs. They said, ‘If she congratulations to Dick Marbes and his where that person has a reasonable ex- comes to the door, don’t let her in. And if she pectation of privacy. Undoubtedly, the will not leave, call 911.’ It’s an accident wait- wife Mary Jane and four children, Pam, Susan, Amy, and Tim. Dick has dedi- privacy expectations of public figures ing to happen.’’ are considerably different from that of Julie Sauer has written area legislators cated his time, talents and energy to private individuals. That is a reality about the lack of child care for special needs serving Veterans and we are indeed in- that all who walk in the glare of the children. debted to him for his efforts. I am camera come to expect and learn, for Hiawatha Homes provides respite care, but proud to salute Dick for a job well the children must stay overnight to be reim- the most part, to deal with. But when done, and I send him my best wishes bursed by the state, she said. the media become too intrusive, or for the future. ∑ ‘‘I want to take care of my daughter for as cross lines of general decency or re- long as I can,’’ Julie Sauer said. ‘‘I am not f sponsibility, something must be done. looking for money to pay for someone to FIGHTING BACK AGAINST THE It is one thing for the media to at- take care of my daughter, only help in find- tend a press conference where I intro- ing a place that will be equipped for special PAPARAZZI duce this legislation—it is quite an- needs children in our community.’’ ∑ Mr. HATCH. Mr. President, I am other thing, however, for the media to SHORTAGE OF EMPLOYEES pleased to join with my distinguished follow me home and train their cam- colleague, Senator FEINSTEIN, in intro- Tom Davie, director of Community Edu- eras on my windows. I know, for exam- cation, oversees the School-Age Child Care ducing this legislation to combat the ple, that Arnold Schwarzenegger and program, which serve some special-needs efforts of a few overzealous individuals Maria Shriver did not appreciate the children. to improperly intrude upon other’s pri- attempts of some in the media, shortly ‘‘Our challenge becomes one of having ade- vacy rights. I am cosponsoring this leg- quate staffing’’ he said. ‘‘We have taken chil- after Mr. Schwarzenegger had been re- islation, in large measure, as a tribute dren who have not required one-to-one care. leased from the hospital after under- Many times, because of our numbers, School- to the efforts of Congressman Sonny going open heart surgery, to stop their Age Child Care is not the best choice for a Bono, who brought this issue to the van on the street as they were taking child with special needs.’’ fore. As we all know, long before he their children to school, in an attempt Arc Olmsted County used to provide a day was elected to Congress, Representa- to get photographs. I don’t think any care program for children with special needs, tive Bono achieved celebrity status in but the organization discontinued it, said of us here would appreciate it if some- the music business and on television. one tried to harass our spouses or fa- Buff Hennessey, Arc’s executive director. He was thus acutely aware, from an About 3 percent of the population is identi- thers or mothers as they left the hos- fied as having a developmental disability, early age, of the costs of fame. A cost pital after having had major surgery. she said. that some, such as rising television Public figure or not, some things sim- ‘‘There are home health care agencies that star Rebecca Schaeffer, had to pay in ply cross the bounds of responsible provide PCA services, although a couple are blood, and others, such as Arnold journalism or media coverage. no longer providing services to families with Schwarzenegger, Steven Spielburg, I think the recent death of Princess young people,’’ she said. ‘‘There are reim- Jodie Foster, David Letterman, and Diana focused efforts to deal with an bursement problems and then with the way Elizabeth Taylor, to name but a few, overly intrusive media—even if it is the labor market is. Our industry as a whole have had to pay with a loss of privacy has a crisis shortage of employees. There unclear whether the media had any- have been efforts to train additional pro- and an inability to freely mingle in thing to do with that tragedy. In fact, viders, but the numbers have been pretty public. some people overreacted to that hor- limited.’’ Unfortunately, certain individuals rible event, pointing fingers at the Hennessey said some families have given within the generally responsible media press before the facts were established. up employment opportunities to have one corps have forced many of these well- Regardless of the media’s role in that parent stay home with the special-needs known figures to hide behind a veil of accident, the mere fact that people rec- child. high-priced security systems and body- ognized that she had long been har- That’s not an option for the Sauers, both guards. I know that some so-called ce- of whom work full-time, they say. assed by an overly aggressive media, ‘‘We want to raise her as much as we can,’’ lebrities have openly questioned and that it was not such a stretch to Bob Sauer said, ‘‘but our options are to put whether their fame is worth the price believe that the paparazzi could have up with this or give her up completely.’’∑ of sacrificing their privacy and their played a role in her tragic death, dem- f ability to live normal lives. onstrates the seriousness of this prob- I know, too, that my colleague, Sen- lem. TRIBUTE TO RICHARD C. MARBES ator FEINSTEIN, was herself once the In the wake of Princess Diana’s ∑ Mr. KOHL. Mr. President, I rise target of a stalker. So I know that this death, Representative Bono and Sen- today to recognize Richard (Dick) legislation means a great deal to her ator FEINSTEIN began a tireless crusade Marbes, who is retiring from the full on a personal level. As public figures, to see Federal legislation enacted to time position of Wisconsin State Adju- whether as actors or musicians or yes, protect people from the so-called tant of the Disabled American Vet- even Senators, we must expect a cer- stalkarazzi. We are now witnessing the erans (DAV). As Mr. Marbes retires, it tain amount of media attention. In- fruits of their efforts—I only wish that seems an appropriate time to acknowl- deed, most of my colleagues on the Hill Representative Bono had been here to edge his distinguished career and ex- relish such attention—particularly in see this legislation introduced.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5463 I want to say to Senator FEINSTEIN women-owned businesses in the United tablish this necessary beachhead in the that I commend her for advocating this States, generating $2.3 trillion in sales. war on drugs. It is a testament to the legislation. Indeed, I am ready to roll In Illinois, there are over 250,000 dedication and the ability of our law up my sleeves and work with her to ad- women-owned businesses. These busi- enforcement personnel that they were dress this problem. I am committed to nesses mean more jobs for American able to complete this difficult and dan- moving this legislation through the Ju- workers. In fact, women business own- gerous operation. diciary Committee. At the same time, ers employ one of every four U.S. com- On Monday, May 18, Secretary Rubin however, we must take care to craft pany workers. Certainly, some of this and Attorney General Reno announced legislation that will be respectful of success is due in part to the programs the arrests of 112 people involved in il- our First Amendment rights and of any and services offered by the WBDC in Il- legal drug money-laundering in Mex- federalism concerns. In fact, I hope the linois and similar programs in Indiana, ico, which resulted in the seizure of an States will view this bill, as it is re- Ohio, Florida, Massachusetts and anticipated $157 million in over 100 ac- fined in committee, as a model for Pennsylvania. Despite this success, counts in the United States, the Carib- adopting similar reforms. And I am there is still more to be done. I am con- bean and Europe. Furthermore, 4 tons confident that we will be able to strike fident that with help from organiza- of marijuana and 2 tons of cocaine were a reasonable balance between the press’ tions such as the WBDC, the number of seized during this 30-month undercover First Amendment rights to seek infor- women entrepreneurs will continue to investigation. The indictments include mation about public figures and the rise. officials from 12 of Mexico’s 19 largest right of those individuals to their rea- The Woman’s Entrepreneurial Con- banks, who stand accused of knowingly sonable expectations of privacy. After ference is the centerpiece of the abetting drug traffickers to launder all, we must take care that the solu- WBDC’s activities. The Conference pro- hundreds of millions of dollars. tion to this admitted problem does not vides women business owners with the As a result of this investigation, for trample on important rights. With opportunity to network, attend inform- the first time ever, Mexican banks these concerns in mind, I intend to ative panel discussions, and pursue have been directly linked to money work with Senator FEINSTEIN to ensure business opportunities in an environ- laundering and have been indicted as that we have the best legislation pos- ment that is supportive of the needs of institutions due to their complicity in sible. We hope to hold hearings to iden- female small business owners. It is my money-laundering, the significant tify the extent of these problems and pleasure to welcome the conferees to number of employees involved, the to determine how best to combat at- Chicago, and to congratulate the large number of illegal transactions, tempts by some overzealous members WBDC for their work and dedication to and the institution-wide profiting from of the media in their efforts to profit increasing female ownership in the these illegal transfers, which brought a by intruding on others’ privacy. I be- American marketplace.∑ 4–5% fee per transfer. Bancomer, Mexi- lieve that this legislation is an impor- f co’s second largest bank, Banca Serfin, tant first step in that process.∑ Mexico’s third-largest bank, and THE 25TH ANNIVERSARY OF f Confia, also among the top twenty, CLARK AND SUSAN DURANT were the three banks involved. HONORING THE 12TH ANNUAL EN- ∑ Mr. ABRAHAM. Mr. President, I rise This investigation, known as ‘‘Oper- TREPRENEURIAL WOMAN’S CON- today to recognize the 25th wedding an- ation Casablanca’’, involved two hun- FERENCE niversary of my dear friends Clark and dred undercover Customs agents, tar- ∑ Ms. MOSELEY-BRAUN. Mr. Presi- Susan Durant of Grosse Pointe, Michi- geting the Cali cocaine and heroine dent, it is my distinct honor to recog- gan. syndicate in Colombia, the Juarez car- nize an organization from my home The Durants have shared a very spe- tel in Mexico, and the involvement of state of Illinois that has been an in- cial marriage over the last twenty-five Mexican banks. Two hundred individ- valuable resource for and promoter of years and have produced four wonder- uals face arrest warrants as the inves- women-owned small businesses. I am ful children. Their friends and family tigations continue, including warrants speaking of the Women’s Business De- have witnessed them grow stronger to- issued for the Juarez cartel money velopment Center, who will hold their gether over the course of the last twen- manager, Victor Alcala Navarro and 12th annual Entrepreneurial Woman’s ty-five years. Not only do these two in- one of its leaders, Jose Alvarez Conference on September 9, 1998 in Chi- dividuals have a strong and successful Tostado. cago. marriage and family, they have con- I would also like to show my support Since 1986, the WBDC, a nationally- tributed tremendously to both their for the Federal Reserve’s issuance of recognized nonprofit women’s business community as well as State of Michi- ‘‘cease and desist’’ orders suspending assistance center, has assisted more gan and have touched the lives of the U.S. operations of Banca Serfin, than 30,000 women business owners in many. Bancomer, Banamex, Bital of Mexico establishing and expanding small busi- Once again, I would like to congratu- and Banco Santander of Spain, because nesses throughout our country. The late Clark and Susan on this blessed of ‘‘serious deficiencies in their anti- Women’s Business and Finance Pro- occasion. I wish them continued happi- money laundering programs.’’ These gram, the Women’s Business Enterprise ness and success. I send my warmest banks must institute new and tougher Initiative, the Entrepreneurial Wom- regards to the entire Durant family.∑ controls to resume business in the an’s Conference and the Women’s Busi- f United States. ness and Buyers Mart are a few of the Despite Mexico’s lax enforcement of RECOGNITION OF U.S. CUSTOMS many programs and services of the its own money-laundering statutes, it FOR OPERATION CASABLANCA WBDC that support female small busi- is good to see that the United States is ness ownership and help to strengthen ∑ Mrs. FEINSTEIN. Mr. President, I not afraid to use its own resources to the entire U.S. economy. rise today to commend the U.S. Cus- address this serious problem. As the first permanent female mem- toms Service and the Departments of I hope that operations like these will ber of the Senate Finance Committee, I Treasury and Justice for one of the continue to bleed the powerful drug know firsthand of the obstacles faced most important victories they have cartels. The American and the inter- by women when attempting to estab- had in the war on drugs to date. national drug war has benefited from lish a foothold in the world of com- I would like to thank Attorney Gen- this peek into the intricacies of drug- merce. The WBDC and its two founders, eral Janet Reno, Secretary of the related money laundering. Hedy Ratner and Carol Dougal, have Treasury Robert Rubin, and Undersec- However, Mr. President, I cannot made great progress towards tearing retary of the Treasury for Law En- help but see this latest good news in re- down these obstacles. forcement Ray Kelly for their leader- lation to my concerns about Mexico’s Today, women-owned small busi- ship in this important endeavor and insufficient counternarcotics coopera- nesses are an integral part of the cur- the two hundred U.S. Customs agents, tion with the United States. The Mexi- rent success of the American economy. who put their lives at stake, diligently can government was not informed of Currently, there are over 7.7 million and tirelessly for thirty months, to es- this 3-year, extensive investigation

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5464 CONGRESSIONAL RECORD — SENATE May 22, 1998 until the same morning the press was. Achievement to Foster Care Award. I MEMORIAL DAY 1998 Why not? It would seem that this am pleased to express my admiration ∑ Mr. SESSIONS. Mr. President, I rise would have been a perfect opportunity of Arthur and Janet, and my apprecia- today to say thanks to those who have to engage in a cooperative law enforce- tion for their dedicated service to chil- gone before us. Monday marks the ment effort. dren and families. 130th year of our country’s official ob- The Administration’s certification of National Foster Care Month gives us servance of Memorial Day. It is a day Mexico for its counternarcotics co- an opportunity to commend not only America dedicates to remember all operation in March certainly suggests the Mayers, but also the more than those who fell in defense of this coun- that a major investigation like ‘‘Oper- 100,000 foster parents across the nation try. On Monday, many across the land ation Casablanca’’ would have been a who have opened their homes and will bow their heads in silence for a few joint effort. However, the reality is hearts to young people in need of tem- moments and remember the patriots of that distrust between U.S. and Mexican porary refuge. Whether they help 140 our past. law enforcement has strained relations children or one, these individuals are There is no way to measure the im- and hurt earlier cooperative efforts. making a critical contribution that pact on the lives of those who have lost Undersecretary Ray Kelly, who has will resonate long into the future. I someone to war. Certainly on this Me- been nominated to be the chief of the hope all of my colleagues will join with morial Day, many will mourn the Customs Service, answered this ques- me in encouraging families in their youth and joy of loved ones lost. This tion in an article of The Washington own states to participate in the foster is a day for the heroes, known and un- Post on May 19th. The Mexican au- care program and applauding the im- known, who died on the field of battle thorities were not informed, ‘‘Because portant work of our nation’s foster par- so we might be free. Mr. President, I of fear of compromising the operation ents.∑ salute every soldier, airman, marine, and placing the lives of U.S. agents in coast guardsman, merchantman and danger.’’ f sailor who put themselves in harms Since the announcement of the in- TRIBUTE TO DR. D.H. MCDONALD— way and who forfeited their lives so dictments this week, the Mexican gov- 45 YEARS AS COMMUNITY PHYSI- that members of future generations ernment has made statements in sup- CIAN would have the opportunity to stand in port of this operation, and the Mexican this chamber, on a day like today, and ∑ Attorney General indicated that his of- Mr. KOHL. Mr. President, I rise speak without fear. fice will investigate these banks as today to recognize the outstanding ca- I have never, nor do I ever wish to well. reer of Dr. D.H. McDonald, who is retir- know, the fear and suffering that many I just hope that this will result in ing after 45 years of dedicated service of these brave men and women surely tougher Mexican laws against drug to the health of the people of experienced. It has been said and I traffickers and money-launderers and Winneconne, Wisconsin. would agree, that it is best we leave progress toward real cooperation to As a young boy growing up during the understanding of their sacrifice in halt the flow of drugs across our bor- the Great Depression, Dr. McDonald al- God’s hands—only He can truly know ders, rather than the erratic and insuf- ways dreamed of one day being able to the full measure of what was lost and ficient cooperation that we have seen take care of others. He took great pride what was gained. Our responsibility is until now. Let the Mexican govern- in his father’s hard work and accom- to acknowledge their sacrifice—to re- ment take this opportunity to prove plishments, and cherished the edu- member that it was made and the rea- their commitment to fighting the cational opportunities available to sons for which it was made. Monday, spread and profit of drugs. Let this be him. His desire to help people, hard Memorial Day, is the day that our the start of a new concerted and coop- work ethic and determination to do his country should unite in one spirit to erative effort to rid our countries of best led Dr. McDonald to serve in the remember those who purchased the this menace.∑ medical corps of the U.S. Army Air freedom we and our loved ones enjoy. Force Command as a hospital adminis- f Former President James A. Garfield, trator during World War II. at the first national Memorial Day ob- NATIONAL FOSTER CARE MONTH During his time at Marquette Univer- servance, said ‘‘we do not know one ∑ Mr. CRAIG. Mr. President, I rise in sity Medical School, Dr. McDonald promise these men made, one pledge observance of the tenth annual Na- took advantage of every opportunity they gave, one word they spoke; but we tional Foster Care Month, May, 1998—a he had, not only to learn about diverse do know they summed up and per- month when the nation commemorates areas of the medical field, but also to fected, by one supreme act, the highest the outstanding contributions that fos- volunteer in the community. He virtues of men and citizens. For love of ter parents make every day to the lives worked at St. Mary Hill Psychiatric country, they accepted death, and thus of some of our most vulnerable young Hospital in Milwaukee and volunteered resolved all doubts, and made immor- people. in the disadvantaged areas of Chicago tal their patriotism and virtue.’’ Children are our nation’s greatest where he made home deliveries of ba- We should all pause with great grati- hope and responsibility. Every child de- bies under the supervision of special- tude on Monday and look to the future serves a loving, permanent family. Un- ists. with the greatest of expectations for fortunately, nearly half a million In 1952 Dr. McDonald established the what the 21st Century holds for us, our American children find themselves McDonald Clinic. In an effort to ac- children, and our children’s children. without a family to count on, victims commodate the needs of the patients, Our fallen patriots gave everything of violence, drugs, or neglect. With the Dr. McDonald used his clinic as a 24 they had to extend freedom beyond the help of foster parents, these children hour, seven days a week walk-in clinic. reach of most of our lifetimes. Mr. can live in an environment that is safe, Mr. President, Dr. McDonald has re- President, Memorial Day is not only stable, and full of love. Yet all too mained extremely close to the about remembering the men and often, the compassion and caring of Winneconne community for over 45 women who made the Supreme sac- foster parents go unrecognized. years. Throughout the years, he has rifice while defending the American Let me tell you about an Idaho fam- contributed to many of the events that way. It is about acknowledging and ily who have been foster parents for have taken place within the commu- protecting the ideals they died for, so ten years. Arthur and Janet Mayer nity and will always be remembered for that their sacrifice shall not have been have fostered more than 140 boys his commitment to the health and made in vain. throughout those years. It is impos- well-being of the people of Winneconne, Brave Alabamians have been among sible for most of us to imagine—much Wisconsin. those who have fought so valiantly and less imitate—the tremendous commit- As he retires from the practice of are among the hundreds of thousands ment of time and energy these fine peo- medicine to the community which he who died in World War I, World War II, ple have made to their foster children. has spent most of his life serving, we Korea, Vietnam, Lebanon, Panama, Later this month, they will be recog- wish him the best of luck and thank Grenada, and the Persian Gulf. They nized in my state with the Lifetime him for his service.∑ deserve our deepest respect and honor.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5465 God bless these fallen heroes. And may will rise, rural communities will pros- family and friends, but especially his God continue to bless the United per and the trade deficit will be re- lovely wife Donnie. States of America.∑ duced. Ross passed away Sunday at the age f The Europeans, on the other hand, of 72 in Fort Smith, Arkansas, a city fear open competition in agriculture. he called home and where he was a U.S. AGRICULTURE IMPORT They continue to impose high barriers former executive vice president and RESTRICTIONS to U.S ag products and to heavily sub- chief operating officer of the Donrey ∑ Mr. GRASSLEY. Mr. President, I am sidize their own farmers. Many Euro- Media Group, which owns five fine pleased that last night the Senate ap- peans view the next round of talks as a newspapers in my State and more than proved S.Con. Res. 73, which empha- threat to their agriculture industry. fifty nationwide. Donrey owes its great sizes the importance of agriculture in They would rather avoid the negotia- success in a tough business in large our trade discussions with the Euro- tions. part to the efforts of Ross Pendergraft. pean Union. This resolution tells the So we must use all available leverage I knew Ross long before I entered U.S. Trade Representative two things: to gain concessions from the Euro- public life. He was a man of great per- The elimination of trade restrictions peans. But I’m afraid we will surrender sonal integrity and professional accom- imposed on U.S. agriculture exports some of our leverage in this new bilat- plishment. He was a man of wit, should be a top priority in any trade eral agreement. In other words, if we humor, and compassion who made a talks with the E.U. And no trade nego- give away concessions now, we’ll have deep impact on the life of his commu- tiations should occur, at all, if they less leverage when we turn to the ag nity. He will be terribly missed by will undermine our ability to eliminate talks in 1999. those in the newspaper business and by these trade restrictions in the next And that would give the Europeans, the thousands people whose lives he round of ag talks at the World Trade who don’t want free trade in agri- touched not only in Fort Smith but Organization in 1999. culture, the upper hand. And reduce throughout Arkansas. Mr. President, on Monday the presi- the likelihood that agriculture trade Born in Abbott, Arkansas, Ross was a dent announced in London that the barriers will be eliminated in the 1999 World War II veteran, and attended Ar- United States and European Union will talks. That’s what this resolution says. kansas Tech University at Russellville begin negotiating a new bilateral trade Do nothing that will weaken our nego- on the GI Bill, like so many of us did. agreement. While I generally applaud tiating position in 1999. In 1948 he joined the advertising staff any initiative to further reduce bar- But the resolution also says some- of the Southwest Times-Record news- riers to trade, I was dismayed to see thing else. It says make the elimi- paper in Fort Smith, and so began his agriculture included on the agenda in nation of restrictions on agriculture rise through the ranks of the Donrey only a very narrow sense. The many exports a top priority in any discus- organization. In 1961 he was named outstanding trade barriers the Euro- sions with the European Union. To me, general manager of the Times-Record peans have erected to our agriculture this is just common sense. and by 1990 he oversaw all Donrey exports have been left off the bar- The United States has a trade surplus newspapers in the continental U.S. and gaining table. in agriculture products. The rest of the Hawaii. Three times he was named Currently, the trade in agriculture world wants to buy the food and fiber ‘‘Man of the Year’’ by the Arkansas between the U.S. and E.U. is very one- our farmers produce. So there is no Press Association. sided. The Europeans keep out our doubt that our farmers produce safe, But he also found the time and en- pork. They keep out our beef. They wholesome, high-quality products. Yet ergy to serve his community. He was keep out our feed grains that are ge- the European Union does everything it the first vice chairman of the Donald netically modified. Their protectionist can to keep these products out of their W. Reynolds Foundation, a charitable policies hurt our farmers. And the Eu- countries. Products sold all over the trust. He was a chairman of the Fort ropeans desperately want to keep these world are not allowed into the Euro- Smith United Way, a president of the policies in place at the expense of our pean Union. So doesn’t it make sense city’s Chamber of Commerce, a former farmers. that the U.S. would seek to negotiate member of the Arkansas Highway Com- So it’s understandable why the Euro- to remove these trade barriers? mission, and he served on the Arkansas peans want to avoid discussions on ag- But these barriers are not on the Action Committee as well as countless riculture. But I’m surprised the Clin- agenda for the upcoming trade negotia- other civic and charitable organiza- ton Administration is willing to move tions. And I think that is wrong. I tions. forward with this trade agreement and think it is unfair to our farmers. It Ross worked tirelessly to get better ignore all the problems we have in ag- tells them that their issues aren’t im- roads in western Arkansas and to pro- riculture. They appear so anxious to portant. We’re just going to sweep mote economic development in Fort move the trade agenda forward, per- them under the rug. And go on to nego- Smith, which is now among the fastest haps to account for their inability to tiate other trade issues. growing regions in the United States. gain fast track authority, that I’m Well, Mr. President, now the entire Though Ross was a man who oversaw afraid the prospect for further liberal- Senate is on record. The Senate has more than 50 newspapers and bought ization of agriculture trade will be stated firmly: Our farmers deserve bet- newsprint and printers ink by the ton, damaged in the process. ter. We will not stand by idly and let he was never one to seek the limelight In 1999, a new round of agriculture you ignore the problems of our farmers or use his position for personal aggran- negotiations are to begin at the World any longer. dizement. So many of his good works Trade Organization. These negotiations I hope the administration takes no- took place quietly, behind the scenes, will be critical to setting the rules for tice of our actions here today. And I out of the public eye. He was a man global ag trade for the next several hope they immediately press the Euro- who loved his family, loved his commu- years. It is a chance to build on what pean Union to put agriculture back on nity, and loved the newspaper business. was begun in the Uruguay Round the bargaining table. And while my State is diminished by Agreement—which was the first major Again I thank my colleagues for sup- his loss, it has been and will continue trade agreement to address agriculture porting this resolution.∑ to be enriched by the work that he did, tariffs, subsidies and nontariff trade f the causes he served and the example barriers. he set.∑ A TRIBUTE TO ROSS The United States has much to gain f in these talks. We have the most pro- PENDERGRAFT ductive, efficient agriculture system in ∑ Mr. BUMPERS. Mr. President, I rise TRIBUTE TO B.L. ‘‘BUD’’ FREW the world. Our farmers can compete today to honor the memory of a long ∑ Mr. BOND. Mr. President, on Janu- with the farmers of any other country. time friend, Ross Pendergraft. He was a ary 31, 1998, a long time friend and a So if trade barriers to ag exports are good and decent man who helped make true hero of the agriculture world re- removed, our farmers will export more his community and State a better tired. I rise today to pay tribute to of their production, their income levels place. I extend my condolences to his B.L. ‘‘Bud’’ Frew who presided over

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5466 CONGRESSIONAL RECORD — SENATE May 22, 1998 MFA, Inc. for twelve years as President an invitation across the border into looked into the farthest corners of the and CEO. Bud has been a most-trusted South Dakota, they have made an im- known universe. We’ve broken the code advisor when it comes to policy and portant contribution to international of the human genome and begun to dis- issues that impact production agri- dialogue and understanding. I admire mantle previously incurable disease. culture and rural America. these teachers and administrators for We’ve created a virtual world and a Bud says that one of the most impor- providing their students such a cre- whole new realm called cyberspace. tant accomplishments of his tenure ative and unique opportunity. Yet, technology also surrounds us in was to instill the idea that everyone I wish the students and teachers the millions of little ways we no longer has the opportunity to make a con- best of luck for a beautiful and success- even notice: the computers that run tribution to MFA. He felt that the ful concert.∑ our cars; the cellular phones that keep honor in farming had reached a low in f us in touch; the stop lights, the grocery the 1970’s. Bud took it upon himself store checkouts, the microwaves that THE IMPORTANCE OF SCIENCE single handedly to raise the pride of help our lives run smoother and faster. AND TECHNOLOGY TO AMER- farmers back to the level of old days In my Senate office alone, tech- ICA’S FUTURE when a handshake was a handshake nology has made a tremendous dif- and your word was your word. Maybe ∑ Mr. FRIST. Mr. President, as a phy- ference—both in terms of helping me that is why he received Missouri Farm sician and surgeon, I’ve had the oppor- keep in touch with the people of Ten- Bureau’s highest award, Agricultural tunity to witness everyday the remark- nessee, and by helping them access im- Leaders of Tomorrow’s Recognition of able difference that medical science portant information. Leadership Award, Ag Leader of the and technology have made in people’s For example, while in the past Sen- Year from Missouri Ag Industries and lives. ators kept in touch by phone, letter, Man of the Year for Agriculture from In just the short space of time that and trips to the state, today I regularly Missouri Ruralist magazine. I’ve been practicing medicine—less schedule video conferences with Ten- He is experienced, wise, practical, than 20 years—I’ve seen how the prod- nessee schools—from the elementary to honest, reflects the collective common- ucts of medical research and develop- the university level. In March I spoke sense views of rural Missourians’ and ment—lasers, mechanical cardiac as- to the entire student body of George has the courage to fight for a position sist devices, mechanical valves, auto- Washington Elementary School in that may not be fashionable. Addition- matic internal defibrillators—have not Kingsport. Certain students were se- ally, he has the quality that any doer only saved but vastly improved the lected by their teachers to ask ques- and great leader has. He knows how to quality of hundreds of thousands of tions, and the rest watched on closed- pick his battles and he knows how to lives every year. circuit television. In April, I visited win those battles he picks. Those clos- And as a physician, I can envision a with students from Austin Peay State est to him know that Bud has the two future in which science and technology University in Clarksville. So, it no things it takes to be a successful busi- will roll back the current frontiers of longer takes a week-end to speak with nessman: character and integrity. medical knowledge, identify the my constitutents face-to-face. At 11:50 I am sorry to see him go because he causes, and eliminate most of the ef- that morning I was voting on the floor has been a hero for MFA and a critical fects of the diseases that now plague of the United States Senate; at noon, I leader for Missouri agriculture. How- mankind. It’s absolutely astounding to was having a conversation with stu- ever, besides all this, Bud is my friend contemplate. dents in Tennessee. so I am glad that he may have some However, as a Senator, I’ve been af- And thanks to the Internet—another time for himself and his family. I hope forded a different opportunity. And remarkable product of federal research I am on his fishing invitation list. that’s the opportunity to see, and funds—this one funded by DARPA (De- However, I warn him that he will still learn, and understand — not just medi- fense Advanced Research Projects be called upon by me and my staff cine—but America. And, as a Senator, I Agency)—my Senate Website not only when the tough questions arise. On be- can envision the difference that science allows me to share my voting record, half of rural Missouri, I say to Bud, and technology will make in the life of press releases, and speeches with con- congratulations and thanks.∑ our Nation. stituents, it allows them to voice their f Mr. President, as a country of immi- opinions and concerns and ask ques- grants we are a people drawn from ditions about issues before the Senate. IN ANTICIPATION OF THE UNIQUE verse backgrounds and ideas. And there Our office also uses a digital cam- SOUTH DAKOTA-MANITOBA EX- is no doubt that this unique amalgama- era—which allows photographs to be CHANGE CONCERT tion is one source of our remarkable downloaded, printed, and disseminated ∑ Mr. DASCHLE. Mr. President, I strength and resiliency. But as diverse almost instantly. On a recent trip to would like to honor the concert band as our individual heritages are, a com- Bosnia, for instance, I took pictures of from Tulare High School in Tulare, mon thread runs through all of us. our troops from Tennessee, downloaded South Dakota, and the Garden Valley That thread is our common heritage as them into my laptop, e-mailed them to Collegiate school in Winkler, Mani- Americans, and it unites and strength- local newspapers in Tennessee, as well toba, Canada for their participation in ens us as well. as to my Washington office where they a special spring concert to be held in Our forefathers came to this land to were posted on the Web for all to see. Manitoba on June 2. build a new life. Not surprisingly, they The whole process took only a few min- This is an exciting opportunity for in turn created a nation of builders. We utes. these band members and students to build homes. We build communities. As we can see, today’s world runs on reach across the North American bor- We build factories and businesses. But technology, and through its invest- der, and together, promote the ex- most of all, Mr. President, we build fu- ment in research and development, the change of culture and ideas. The con- tures—because we also build hope. federal government has played a sig- cert promises to be a very celebrated As a people, Americans rise to a chal- nificant role in creating it. In fact, event, which should build bridges be- lenge. And as a nation —to every chal- more than 56 percent of all basic re- tween these schools for a long time to lenge we’ve ever faced. At no time was search is produced with federal funds. come. this more apparent than during World Much of our economy runs on tech- I would like to recognize the leader- War II when we were forced to make nology as well. Half of all U.S. eco- ship of Sam Glantzow, band director at drastic sacrifices to survive. The leg- nomic growth is the result of our tech- the Tulare High School. He has dedi- acy of those choices has driven our nical progress. Technology helps pro- cated so much time and effort into see- economy and our policies ever since, vide new goods and services, new jobs ing this important exchange take and one of those legacies is the federal and new capital, even whole new indus- place. Also, I would like to thank Paul investment in science and technology. tries. Moen, band director, and Karl Science and technology have shaped Developments in chemicals tech- Redekop, principal, from the Garden our world in ways both grand and nology, for example, have lead to the Valley Collegiate School. By extending small. We’ve put men into space and production of new petrochemicals,

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5467 agrochemicals, food and pharma- produced 10,000 new jobs, $3 billion in today as a percentage of GDP is just .75 ceuticals, and advanced health care annual revenues, and 100 new biotech percent—as compared to 2.2 percent in materials such as those used in skin patents licensed the U.S. companies the mid-1960s when superpower rivalry grafts. that have induced investment of $650 and the race to space fueled a national Information technologies have million. Those companies now produce commitment to science and tech- spawned whole new industry segments nine of the 10 FDA-approved biotech nology. As the BabyBoom generation in cellular communications, electronic drugs that stop heart attacks and treat begins to retire and the discretionary commerce, and global information ac- cancer, cystic fibrosis and diabetes, portion of the budget shrinks even fur- cess. and we’ve only just begun to tap the ther, this situation will only grow The space imaging and remote sens- potential returns of this rapidly ad- worse. ing technology that produced the U.S. vancing new field. Thus, Mr. President, we have both a Global Positioning System, has in turn But universities are not just the long-term problem: addressing the become a core technology in several in- fountainhead of innovation. The are ever-increasing level of mandatory dustries key to the U.S. economy, in- the wellsprings that provide the intel- spending; and a near-term challenge: cluding agriculture, aviation, construc- lectual underpinning of future apportioning the ever-dwindling tion, land use, transportation, and progress. They train the people who amount of discretionary funding. mining. And those industries have will translate new discoveries into new The confluence of this increased de- themselves produced dramatic ad- products and processes and industries. pendency on technology and decreased vancements. In agriculture alone, GPS- For example, Jennifer Mills, a phys- fiscal flexibility has created a problem enabled precision farming has allowed ics undergraduate from Portland, Or- too obvious to ignore: Not all deserving more limited applications of pesticides egon, wrote much of the computer code programs can be funded; Not all au- and fertilizers, which in turn have re- responsible for the remarkable images thorized programs can be fully imple- sulted in less environmental damage at sent back to Earth by the Hubble tele- mented. lower costs with more precise crop scope. James McLurkin, an undergrad In other words, Mr. President, the yield determinations. engineer, created a tiny robot that luxury of fully funding science and Without a doubt, technology is the may well revolutionize certain kinds of technology programs across the board principal driving force behind our long- surgery—enabling surgeons to operate has long since passed. We must set pri- term economic growth and our rising inside the body without ever touching orities. standard of living. In fact, according to the patient! FRIST VISION FOR THE FUTURE: HOW WE ENSURE FEDERAL SUPPORT FOR SCIENCE AND TECH- the Office of Science and Technology AMERICA’S INVESTMENT IN SCIENCE AND NOLOGY Policy (OSTP), technology is the single TECHNOLOGY MUST CONTINUE Mr. President, I commend my col- most important factor in sustained Clearly, America’s investment in leagues, Senators GRAMM, LIEBERMAN, economic growth. Not only is the per- science and technology must continue. DOMENICI, and BINGAMAN, for com- formance of U.S. businesses and their The two central questions that Con- mencing a debate on funding for contributions to economic growth di- gress must ask and answer, however, science and technology that is long rectly linked to their use of tech- are: (1) Will science and technology overdue. I firmly believe that Congress nology, but as cited in a study con- continue to be as great a Congressional must reaffirm our national commit- ducted by the Department of Com- priority in the future as it has been in ment to science and technology, and merce, manufacturing businesses that the past; and (2) Will the kind of finan- redouble its efforts to ensure that fund- used eight or more advanced tech- cial investment necessary to sustain ing is not only maintained but in- nologies grew 14.4 percent more than future progress ever be possible in light creased. However, I also believe that plants that used none—and, production of our other growing financial commit- funding levels alone are not the an- wages were more than 14 percent high- ments? swer. er. Mr. President, the history of the last What we really need, Mr. President, For any who might still remain un- five decades has shown us that there is is a strategy for the future—a vision convinced that our federal investment a federal role in the creation and nur- that not only provides adequate levels in science and technology has not pro- turing of science and technology, and of funding, but ensures that that fund- duced phenomenal returns, let me give that—even in times of fiscal aus- ing is both responsible and sustainable just two quick examples. terity—that commitment has been rel- over the long term. Over the last three decades, the De- atively consistent. I believe we do it by establishing and partment of Defense has funded $5 bil- However, the last three decades have applying a set of first or guiding prin- lion in university research in informa- also shown us something else: fiscal re- ciples that will enable us to consist- tion technology. Those programs alone ality. The simple truth is there’s just ently ask the right questions about created one-third to one-half of all not enough money to do everything each competing technology program; major breakthroughs in the computer we’d like to do. focus on that program’s effectiveness and communications industries. Today, It took some time for us to realize and appropriateness for federal fund- those businesses account for $500 bil- that, and by the time we did, we found ing; and most importantly, make the lion of GDP—a return on our invest- ourselves in a fiscal situation that is hard choices about which programs de- ment of 3,000 percent! In fact, studies of only now being addressed. And—budget serve to be funded and which do not. just one university alone—MIT—found surpluses notwithstanding—discre- Only then can Congress be assured that that in Massachusetts MIT grads and tionary spending is under immense fis- it has invested wisely and well. faculty founded over 600 companies cal pressure. What are these first principles? There that produced 300,000 jobs and $40 bil- One only has to look back over the are four: lion in sales. In Silicon Valley, MIT last 30 years to confirm the trend. In First, federal R&D programs must be grads founded 225 companies which pro- 1965, mandatory federal spending on en- good science. They must be focused, duced 150,000 jobs and more than $22 titlements and interest on the debt ac- not duplicative, and peer-reviewed. billion in sales. counted for 30 percent of the federal Because there is strength in diver- In one industry alone—bio- budget. Fully 70 percent went toward sity, they must support both knowl- technology—government’s $43 million discretionary programs—research, edu- edge-driven science—which broadens annual investment has not only pro- cation, roads, bridges, national parks, our base of knowledge and advances duced the human capital of the biotech and national defense. the frontiers of science; and mission- industry—scientists, engineers, man- Today— just 30 years later— that driven science requirements—which agers—and new knowledge that’s led to ratio has been almost completely re- push the state-of-the-art in specific an understanding of the molecular versed: 67 percent of the budget is technology fields. basis of disease, but also new compa- spent on mandatory programs and in- Second, programs must be fiscally nies and new wealth. To, again, use terest on the debt; leaving only 33 per- accountable. Especially in today’s fis- MIT as an example, in Massachusetts cent for everything else, including re- cal environment, wasteful administra- alone, MIT-related companies have search. In fact, total R&D spending tive habits can’t be tolerated.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5468 CONGRESSIONAL RECORD — SENATE May 22, 1998 Third, they must have measurable re- ities, creating a vision for the future, rifices of the many men and women sults. Programs must achieve their and developing a strategy for attaining who gave so much for the sake of this aims. Their effectiveness must be eval- it—our work will still be incomplete if great country, and we must honor uated— not on the basis of individual we fail to accomplish one more thing: them with our gratitude. projects which can have varying rates We must prepare the next generation I stand before you today to salute of success — but on basis of the entire for the century to come. these veterans. In my home state of program. We must create a scientifically-lit- West Virginia, generations of veterans Fourth, they must employ a con- erate work force capable of prospering have served in the Armed Forces, and sistent approach. Federal policy must in a world not only driven by a science many have lost their lives. This coun- be applied consistently across the en- and technology economy, but depend- try would not be the world power that tire spectrum of federal research agen- ent upon science and technology excel- it is today had it not been for these cies. High quality, productive research lence. men and women who fought so bravely. programs must be encouraged regard- Yet as evidenced by the results of the Let us not just know that this day is less of where they are located. latest TIMSS (Third International Memorial Day, let us take a moment to Accompanying the four first prin- Math and Science Study) study, Amer- put names, faces, on these veterans. ciples, are four corollaries: ica’s high school seniors are among the Husbands, wives, mothers, fathers, and (1) Flow of Technology. The process of cre- industrial world’s least prepared in children. Friends to us all; friends who ating technology involves many steps. How- math and science. And in math and fought for our freedom. Freedom that ever, the current federal structure clearly re- physics, no nation performed more we share every single day of our lives. inforces increasingly artificial distinctions poorly than the United States. Freedom that makes America as great across the spectrum of research and development activities. The result is a set of pro- Why? Part of the reason is teacher as it is. grams which each support a narrow phase of qualification—28 percent of all high Stand proud when you see the Amer- research and development, but are not co- school math teachers, and 55 percent of ican flag waving high in the air. Sing ordinated with one another. all physics teachers neither majored along to the Star Spangled Banner. Government should maximize its in- nor minored in these subjects. Nod your head in respect when you vestment by encouraging the progres- Part of the reason is unrealistic cur- pass by a veterans’ cemetery. Behind sion of a technology from the earliest ricula—which forces teachers to teach these symbols of America are the peo- stages of research up to commercializa- a little bit of everything, but nothing ple who have made them so remark- tion, through funding agencies and ve- in depth. able, the veterans of this country. hicles appropriate for each stage. This Part of it has to do with textbook They deserve our gratitude on this day creates a flow of technology, subject to publishers who seem to be more con- and everyday. merit at each stage, so that promising cerned with continually adding new So many veterans gave their lives for technology is not lost in a bureaucratic material than with advancing students’ this Nation. We cannot forget what maze. skills. they did for us. The lives that were lost (2) Excellence in the American Research And part of it, no doubt, has to do and the lives that were changed for- Infrastructure. We must foster a close rela- with the fact that, in many cases, we ever. It does not matter whether they tionship between research and education. simply have not fostered in our chil- served in combat or peace time. Each Our investment at the university level cre- dren the same spirit of wonder that left behind familiar surrounds, under- ates more than simply world class research. was fostered in us. took risks, and faced the unknown. We It creates world class researchers as well. We Mr. President, it’s time to, once should honor them all for their cour- must continue this strong to a research in- again, get America excited about age. They joined the Armed Forces of frastructure, and find ways to extend the ex- science. this country to defend and protect it, cellence of our university system to primary and secondary educational institutions. It’s time we recovered our heritage, to make it safe for their, and our, loved (3) Commitment to a Broad Range of Re- and became again a nation of people ones. search Initiatives. Revolutionary innovation who build the future—a future filled We vowed to take care of our vet- is taking place at the overlap of research dis- with hope and promise. erans when they returned home to us. ciplines. We must continue to encourage this And it’s time we inspired the next In many ways, we have, by setting up a by providing opportunities for interdiscipli- generation to continue the process of benefits program and a health care sys- nary projects and fostering collaboration exploration and innovation that made tem, creating two Committees in Con- across fields of research. (4) Partnerships among Industry, Univer- America possible in the first place, and gress to oversee these efforts, devoting sities, and Federal Labs. Each of these has that will take her into a 21st century enormous amounts of resources to special talents and abilities that com- future brighter than any point in her their health and well being. But I am plement the other. Our federal dollars are past. forced to say that the recent record of wisely spent by facilitating the creation of Mr. President, as a physician, as a this administration, and of many in partnerships, in effect creating a whole that scientist, as a Senator, those are my Congress, has deteriorated in the area is greater than the sum of its parts. goals. I hope they are the goals as well of protecting veterans’ benefits. Our These first principles and their four of every Member of this body. For commitment to meeting the needs of corollaries, Mr. President, provide a whether we, as a nation, use and de- veterans has been eroded, and we can framework that will not only guide the velop the knowledge we gain to its and must do better. There are still creation of new, federally funded re- highest potential for the benefit of our- many areas that need improvement. It search and development programs, but selves, our Nation, and our fellow man is not a perfect system. We must strive validate existing ones. Taken together, depends, in large measure, on whether to better it and not let any of our vet- they create a powerful method for ele- we are able to achieve them. erans be shortchanged of the benefits vating the debate by increasing Con- Mr. President, I thank the chair. and care they so dearly earned and de- gress’ ability to focus on the important f serve. issues; decreasing the likelihood that it I would like to speak about just a few will get sidetracked on politically- MEMORIAL DAY of the ordeals that our veterans have charged technicalities; and ensuring ∑ Mr. ROCKEFELLER. ‘‘A nation re- had to face after their return from that federal R&D programs are con- veals itself not only by the men it pro- service. I do this to acknowledge these sistent and effective. They will also duces but also by the men it honors, problems and to pledge to continue in help us establish both a consistent set the men it remembers.’’ What better my fight for solutions. of national goals, and a vision for the way to pay tribute to America’s vet- Gulf War veterans. Even though the future. erans on this Memorial Day than to war is over, many are struggling with LOOKING TO THE FUTURE quote our former President, John F. illness, often undiagnosed, but never- However, Mr. President, even if we Kennedy. He knew then, in 1963, that it theless debilitating. Seven years have are to accomplish all that we hope— in was imperative we honor and remem- passed since the end of the Gulf War, terms of setting and fully funding our ber our veterans, as should know and DOD and VA still do not know current science and technology prior- today. We must not forget the sac- what is wrong with the veterans who

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5469 fought in this war. We need to be able allow it even to maintain, at the very thanks they so richly deserve. I ask to answer the questions of ‘‘How many least, its current level of staffing. you, America, to do no less.∑ veterans are ill?’’ and ‘‘Are our ill vet- I am particularly troubled by the f erans getting sicker over time?’’ proposal by the administration, adopt- We also need to provide a permanent ed this very day by the Congress, which LEHIGH VALLEY AND HEALTH statutory authority to compensate cut $10.5 billion from the veterans’ ben- NETWORK these veterans. That is why I have in- efit account over the next five years. ∑ Mr. SANTORUM. Mr. President, I troduced legislation, S. 1320, that tar- This was done by removing VA’s exist- rise today to recognize Lehigh Valley gets these important issues. It took ing authority to pay compensation to Hospital and Health Network, along our government 20 years after the Viet- veterans who suffer from tobacco-re- with the American Nurses Association, nam War to assess the effects of Agent lated illnesses, based on the nicotine who declared May 6–12 National Nurses Orange and 40 years after World War II dependence they developed while in the Week 1998. to concede the problems of radiation- service. The money saved from cutting The theme of the week, ‘‘Nursing: exposed veterans. We must learn from this benefit will be put into more high- Health Care With a Human Touch,’’ the lessons of the past and act. We can- way spending. was in commemoration of the ways in not allow our Gulf War veterans to Although I support a strong highway which registered nurses strive to pro- keep waiting for the benefits and care bill, I firmly believe that it should not vide safe and high quality patient care that they earned seven years ago. be funded by cuts in veterans benefits, and find ways to improve our health Or take atomic veterans, who were particularly a program cut that totally care system. exposed to ionizing radiation during bypassed the Senate Committee on The 2.2 million registered nurses in service. I have serious concerns about Veterans’ Affairs. That is why I offered the United States comprise our nation’s largest health care profession. the way atomic veterans’ claims are an amendment to the Budget Resolu- The far-reaching duty of the registered being handled and the way regulations tion to protect the funding to the vet- nursing profession is to meet the to administer those claims are being erans account. Unfortunately, my emerging health care needs of the created. These veterans were inten- amendment was defeated by a vote of American population, while registered tionally placed in harm’s way, sworn to 52–46. nurses’ education focuses on restoring secrecy, and abandoned by their gov- On the health care side, the VA budg- and maintaining the health of the indi- ernment for many years. It is critical et request for medical care is $30 mil- vidual. that we search for a better way to ad- lion less than last year. The base ap- Registered nurses will continue to be dress their compensation claims. propriated funding level of $17.03 bil- an important component of the U.S. I recently cosponsored legislation lion would be supplemented by approxi- health care system. They play an inte- that would authorize health care for mately $560 million from veterans’ gral role in the safe, quality care of veterans treated with nasopharyngeal copays and collections from insurance hospitalized patients, as well as con- radium irradiation, veterans who have companies. When the base funding tributing to the growth of home health so far been excluded from access to VA level is combined with these collec- care services and advancements in life- services. These veterans, primarily tions, the VA health care system would sustaining technology. Navy submariner and Army Air corps have $17.6 billion to spend next year— Mr. President, I commend Lehigh pilots, received nasopharyngeal radium approximately what it is spending this Valley Hospital and Health Network treatments in the 1940’s and 1950’s to year. Unfortunately, this flatlined and the American Nurse Association treat and prevent inner ear problems budget makes no allowance for cost-of- for honoring National Nurses Week that developed due to the inadequate living increases for VA employees and 1998. I ask my colleagues to join with pressurization of their respective ves- other rising costs due to inflation. me in recognizing the registered nurses sels. Unfortunately, the health effects The VA health care system is a sys- who care for us all.∑ of the treatments that were given to tem in transition. Recent changes in f these veterans are unknown. However, lines of authority, resource allocations, when such high levels of exposure are and methods of health care delivery, as PORT ARTHUR, TEXAS— sustained, we must be concerned about well as downsizings and facility inte- CENTENNIAL RECOGNITION long-term health effects, and thus, we grations, have buffeted the system. ∑ Mrs. HUTCHISON. Mr. President, on have a responsibility to ensure these While all this reorganization is under- May 29th, I will be in Port Arthur, veterans’ access to health care. Simply way, I am concerned that VA have Texas, helping to celebrate the City of put, it is the right thing to do. good systems in place to ensure that Port Arthur’s Centennial Day Celebra- We owe these veterans. They risked high quality health care is the stand- tion as well as the tenth anniversary of everything for us—their health and ard practiced at all VA facilities, re- the Golden Triangle Veterans’ Memo- sometimes even their lives. We should, gardless of where they are located rial Park. Port Arthur, a city born at at least, give them appropriate re- around the country. I will continue my the dawn of the 20th century, enters search, health care, and compensation. efforts to make sure that VA, as the the 21st century confident in its stride At least. nation’s largest health care provider, as a growing and vibrant community An important issue concerning vet- upholds the highest standards of qual- on the Texas’ Gulf Coast, not far from erans at this time is the VA budget for ity of care. my home town of La Marque. Port Ar- benefits and health care. I would like What is clear is that we still have a thur, a corner of what some call Texas’ to share with America where these lot of work to do for our veterans. We Golden Triangle, plays a key role in issues stand. have come a long way, but there are our national security by contributing First, the benefits side of the budget. still many miles to cover. to our energy independence through its The administration this year requested They promised us they would risk oil exploration and petroleum refining a very modest increase of $565 million their lives. We promised them we activities. Nearly every American has in funds for benefits payments, just would take care of them. Caring for our benefited from the products that enter what is needed to cover cost-of-living veterans is the least we can do. the world market from Port Arthur— allowances. VA has also requested $850 On this day, ladies and gentlemen, be petrochemicals and oil in particular. million—$63.5 million above the FY 98 proud of the men and women—veterans The City of Port Arthur is named for level—for the account that funds the and service members from every Arthur E. Stillwell, originally of Roch- administration of nonmedical benefits. branch and action—who have served ester, New York. In 1895, Mr. Stillwell Although these amounts appear to be our nation with courage. And, my col- was searching for a site for the south- an increase, VA’s benefits delivery leagues, match your pride with a ern terminal of his proposed railroad staff will lose 45 FTE. In a time when pledge to maintain the nation’s com- from Kansas City to the Gulf of Mex- it takes VA 157 days to decide a new mitment to them. ico. He chose a site on the north shore compensation claim, and years longer Veterans have earned our respect and of Lake Sabine, where Port Arthur in appeals cases, it concerns me greatly admiration. I am committed to uphold- stands today. The railroad to Port Ar- that VA is seeking funds that will not ing their honor the offering them the thur, which eventually became known

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5470 CONGRESSIONAL RECORD — SENATE May 22, 1998 as the Kansas City Southern Railroad, However, it is rare to find someone as clear non-proliferation, Pete brings was completed in 1897. The city of Port dedicated to so many diverse activities thoughtful knowledge and keen insight Arthur was incorporated on May 30, as Pete Lyons. He is a 29-year em- to the table. He is willing to tackle 1898, one hundred years ago this month. ployee of Los Alamos National Labora- controversial issues with a open mind The next year, the original ship canal tory while serving for 16 years on the and commitment to truthful dialogue. to the Gulf was opened. Today, cargo Los Alamos School Board. Whether it I hope my colleagues will join me and tonnage out of the Port of Port Arthur is his scientific work, his initiative to my fellow New Mexicans to recognize averages about 23,000,000 tons per year. help rural communities, his dedication this remarkable American.∑ But it was on January 10, 1901, that the to education and young people, or his f destiny of Port Arthur changed forever work to improve policy in the inter- FRANCES C. RICHMOND MIDDLE when a well dug by Anthony Lucas at national area, Pete shows the same in- SCHOOL: BLUE RIBBON SCHOOL Spindletop, only ten miles away from tegrity, insight and old-fashioned hard Port Arthur, struck black gold. Nearly work. ∑ Mr. SMITH of New Hampshire. Mr. a million barrels of crude oil are re- Pete moved to New Mexico 29 years President, I rise today to congratulate fined in the area daily, justifying Port ago to work for the Laboratory as a the students, teachers, and staff of the Arthur’s claim—‘‘We Oil the World.’’ technical staff member. He went on to Frances C. Richmond Middle School in Today, Port Arthur is the home of serve in a number of management posi- Hanover, New Hampshire for being rec- three major refineries and the still im- tions. In his career at the Lab he was ognized by the United States Depart- portant terminus of the Kansas City the first Director of the Industrial ment of Education as a Blue Ribbon Southern railroad. The town of one Partnership Office where he expanded School. thousand people a hundred years ago and created programs to encourage Blue Ribbon status is awarded to has grown to almost 60,000, and a di- economic diversity in Northern New schools that have strong leadership; a verse economy guarantees Port Ar- Mexico. He continued efforts to im- clear vision and sense of mission that thur’s growth into its second century. prove cooperation with the sur- is shared by all connected with the In addition to its energy industries, rounding community through the Lab’s school; high quality teaching; chal- Port Arthur has become a year-round office of Regional Economic Develop- lenging, up-to-date curriculum; poli- fisherman’s paradise where thousands ment and Technology Commercializa- cies and practices that ensure a safe of anglers catch more than twenty-five tion Office. Through a wide range of environment conducive to learning; varieties of freshwater and saltwater critical projects involving issues from solid evidence of family involvement; fish. Other popular local attractions in- telecommunications infrastructure, to evidence that the school helps all stu- clude the Museum of the Gulf Coast, telemedicine capability to improve dents achieve to high standards; and a the McFaddin and Texas Point Na- rural health care, to technical assist- commitment to share best practices tional Wildlife Refuges, the Sabine ance for water quality his work has with other schools. This honor is vigor- Pass Battleground State Historical been hallmarked by a dedication to the ously sought by thousands of schools Park, and Sea Rim State Park. entire community both related and un- across the nation, and only 166 schools I’d like to talk for a moment about related to the Laboratory. Since the are so recognized. the tenth anniversary of the Golden Lab’s beginning during World War II, it The Richmond School is part of the Triangle Veterans’ Memorial Park, has been a stark contrast to the econ- Dresden School District, the first which we will also be celebrating next omy and cultures of the surrounding interstate district in the United week. This is the only park in the region. Through this work, Pete has States. The school educates sixth grad- United States that recognizes all vet- helped to bridge that gap to begin a ers from Hanover, New Hampshire, and erans, including those that served dur- new era of cooperation and interaction seventh and eighth graders from both ing times of peace. It was built by for the Laboratory and the nearby Hanover and Norwich, Vermont. members of the community, financed communities. The curriculum of the Richmond and constructed through donations and In addition, I believe his service that School focuses on the academic, social over 55,000 volunteer man-hours. The is the most commendable is his active and developmental transitions which park contains walls of honor for all our involvement in education. Pete recog- take place at each grade level. Special nation’s past wars. The park’s ten-year nizes that our children’s future, our na- care is taken as the Hanover sixth anniversary celebration is part of a tion’s future, is dependent upon the graders move from elementary to mid- week’s worth of activities recognizing quality of our education system. Dur- dle school, as the Norwich seventh the Port Arthur Centennial. ing his sixteen years on the Los Ala- graders join them one year later, and I want to congratulate Jefferson mos School board, he was instrumental as the eighth graders take their place County Judge Carl Griffith, Port Ar- in helping to create University of New as school leaders and begin planning thur Mayor Robert Morgan, Jr., and Mexico-Los Alamos Branch College. He for high school. The Richmond School the people of Port Arthur on this his- represented the Laboratory during ne- takes pride in the fact that students toric occasion. Together, we look for- gotiations with the local school dis- have individual schedules built around ward to what their community will ac- trict to form a foundation to provide fi- their choices for academic and elective complish in the next 100 years.∑ nancial support from the Lab and the courses. A foundation of their program f Department of Energy to provide finan- is the fine and practical arts program, cial support for school districts where which allows students to choose from RECOGNIZING PETE LYONS UPON lab employees lived. During his time in over 25 elective courses each quarter. RECEIVING A NEW MEXICO DIS- my office, he has worked to bring at- Community service is required for all TINGUISHED PUBLIC SERVICE tention to our nation’s need to improve eighth graders to introduce students to AWARD science and technology education so the pleasures and responsibilities of ∑ Mr. DOMENICI. Mr. President, every that America will remain competitive contributing to their community. year, New Mexico recognizes some of well into the next century. The school has grown from 286 stu- their own citizens who have contrib- Pete also knows that personal in- dents to 460 students in the past ten uted to their communities in extraor- volvement can mean so much to young years, and this has presented the dinary ways. Today, along with the people. He has spent several years school with a number of challenges. A citizens of New Mexico, I am grateful coaching soccer, sponsoring Boy creative and challenging administra- for this opportunity to recognize Dr. Scouts, and serving as deacon in his tive response to the growing student Pete Lyons for his civic service. As a church. population has been to divide leader- Legislative Fellow in my office he In a sense, Pete continues his civic ship roles among the staff. Rather than serves as my science advisor and dur- service as a congressional fellow in my simply hiring assistants in the central ing his time with me, I have benefitted office. Over the months, he has proven office, the administration asked teach- from his good advice and diligent work. to me his immense value to New Mex- ers and other professionals to take on Service to one’s community can be ico and the nation. Whether the issue the role of leadership in budget devel- expressed in many different forms. be rural economic development or nu- opment, curriculum articulation,

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5471 school climate and technology plan- NATIONAL MUSICIANS WEEK RECOGNITION OF MELINDA ning. These initiatives on the part of HUBBARD ∑ Mr. THOMPSON. Mr. President, it the staff have resulted in lively staff gives us great pleasure to bring to the ∑ Mr. SMITH of Oregon. Mr. President, debates, enriched staff development op- Senate’s attention one of the new pre- I rise today to recognize the out- portunities, better communication mier events in the world of music: Chet standing academic achievement of a from grade to grade, and more frequent Atkins’ Musician Days. resident from my home state of Or- interaction with parents and commu- egon, Ms. Melinda Hubbard. A senior at nity. Known by many as ‘‘Mr. Guitar,’’ Chet Atkins is the most recorded solo Country Christian High School, As a former teacher and school board Melinda was recently named as the Or- chairman, I recognize the challenges instrumentalist in music history. As a studio musician, his work has gilded egon State Winner of the Citizens Flag involved in providing students a qual- Alliance Essay Contest for her essay ity education. I commend the teachers the records of artists from Elvis Pres- ley to the Everly Brothers to Hank entitled ‘‘The American Flag Protec- and staff for their effort and innovation Amendment: A Right of the Peo- tion that have built a top-notch school. Williams. Chet has been named Musi- cian of the Year nine times by the ple * * * the Right Thing to Do.’’ I am pleased that they have been rec- I agree with Melinda that the time ognized for their success, and it is with Country Music Awards and has won thirteen Grammies, more than any has come to protect our nation’s flag great pride that I represent them in with a Constitutional Amendment. I the United States Senate.∑ other artist in the history of country music. am requesting that her essay be printed in the record immediately following f Now it’s no secret that the State of my remarks so that every American Tennessee has provided the world with can have the opportunity to read it. HOOSIER HERO TRIBUTE TO more than its share of great music, In addition, I have requested the Ser- ROBERT MOHR from the blues of Memphis’ Beale geant at Arms Office to fly a flag over Street to the bluegrass of Appalachia ∑ the Capitol on Flag Day, June 14, 1998, Mr. COATS. Mr. President, I take to the country sounds of Nashville. But this opportunity to recognize Robert in recognition of her achievement. it’s also true, even in Tennessee, that The essay follows. Mohr of Peru, Indiana, for his out- we sometimes forget the performers standing accomplishment this past THE AMERICAN FLAG PROTECTION AMEND- who stand just outside of the spotlight, MENT: THE RIGHT OF THE PEOPLE ... THE week. the musicians who accompany the You see, Mr. President, on May 12, RIGHT THING TO DO stars but rarely take center stage. (By Melinda S. Hubbard—A Senior at 1998, Mr. Mohr, a conductor for Norfolk That gave Chet Atkins an idea: orga- Southern railroad, and engineer Rod Country Christian High School) nize an event to honor the musicians, The American flag. The stars and stripes. Lindley were guiding their 96-car or, as Chet puts it, ‘‘the people who freight train through a residential area Old Glory. The Star-Spangled Banner All of make the singers sound good!’’ I now these are names for the most widely known of Lafayette, Indiana, when they no- yield to my colleague from Tennessee.∑ symbol of our great nation. These are names ticed a small child on the train tracks. ∑ that have inspired patriotism in many peo- With only a short distance between the Mr. FRIST. And so, an idea was born. Last June, Nashville saw the debut of ple. But what do they mean to us now? train and the child, these men slowed In years gone by, many people have sac- the train to 10 mph and blasted the Chet Atkins’ Musician Days, a celebra- rificed their lives for the principles upon horn, but 19-month-old Emily Marshall tion of the contribution of musicians which the United States of America was still remained on the tracks. from around the world in every genre founded and for which our flag is a symbol. Robert Mohr acted immediately and of music. Over four days, a total of 169 The flag is a symbol of what our nation was as well as what it has become. Because of selflessly. Risking his own safety, he acts comprised of 604 artists from seven countries performed at 43 venues this symbolism, the flag of the United States climbed onto the front of the train, of America should be honored and respected. reached out, and pushed the toddler throughout the city. From a star-stud- ded concert featuring 90 performers at This is why a flag protection amendment is out of harm’s way. Thanks to Robert’s necessary. quick reaction, Emily Marshall was re- the historic Ryman Auditorium, The United States of America has long turned to her family with only a cut on former home of the Grand Ole Opry, to been viewed as the greatest country in the her head and a swollen lip. a myriad of informal acoustic jam ses- world, not only by its citizens, but by many Mr. President, I commend Robert sions at smaller stages all over the other nations as well. Part of the reason that it is viewed thusly is due to the fact that its Mohr for this brave and selfless act, city, it was an event that few will soon forget. Constitution and form of government have and that is why I am honoring him as survived for so long. While it is true that a Hoosier Hero. A big part of Musician Days is its America is a relatively young country when I began the Hoosier Hero award in focus on the future of music. Through- compared with European nations, America order to single out Hoosier men and out the festival, budding musicians are has known a stability that few other nations women who have made significant con- encouraged to bring their instruments have known. Consider France or Italy. In the tributions to Indiana history or life, for impromptu sessions with the pros. past two hundred years, France has experi- while at the same time serving as an Proceeds from last year’s inaugural enced seven completely different forms of government, and Italy has seen fifty-one inspirational example for the entire event went to the Chet Atkins Music Education Fund, to be distributed to forms. The stability of the United States nation. I can think of no greater con- comes from our nation’s foundation, which tribution to life than preserving the organizations that encourage the musi- was on the principles and morals of the life of a small child, such as young cal education of our nation’s young Christian men who founded our great nation. Emily. people. In his farewell address on September 19, Emily Marshall, an innocent toddler The success of Chet Atkins’ Musician 1796, George Washington said, ‘‘Of all the dis- who wandered onto the train tracks, Days in 1997 led to plans for an even positions and habits which lead to political will probably not realize for several bigger event this year. Next month, prosperity, Religion and morality are indis- pensable supports . . . ’Tis substantially years what Robert Mohr did for her. thousands of music lovers will again true, that virtue or morality is a necessary However, through Robert Mohr’s cou- descend upon Music City USA for sev- spring of popular government.’’ Before we rageous act, Emily now has the oppor- eral days of first-rate concerts, musical are able to look at what our nation symbol- tunity to grow healthy and strong. workshops, and good fellowship. As we izes, we must first look to the men who Emily’s future is a bright one, full of anticipate this year’s repeat perform- founded it. They were the Puritans. But promise because of the heroic decision ance, it seems fitting for us to pro- what were the Puritans looking for? The Pu- Robert made on that spring afternoon. claim the week of June 22–28 as ‘‘Na- ritans were looking for a land of freedom, a Thank you, Robert Mohr, for your tional Musicians Week’’ in honor of land where they could worship their Lord and Savior as they believed He should be courage, your bravery, and your self- these silent heroes, the players behind worshipped. It was for this reason that they less act of saving the life of young the stars, and the critical role they fled England. They wanted a country whose Emily Marshall. You are an inspiration play in the musical legacy we all churches could not be dictated to by the na- to all, a true Hoosier Hero.∑ enjoy.∑ tion’s leaders. Not only were they looking

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5472 CONGRESSIONAL RECORD — SENATE May 22, 1998 for a country where they would be allowed to the last ten years Lorraine has served Reverend Eric Mason, 25, is the pas- worship, but they were looking for a land as the Elementary Principal for the tor of Administration at the Metro where they could speak out against what Rutland City Public School System. It East Family Church. Formerly, he was contradicted their beliefs and where they is with bittersweet emotions that I in- a case manager at the Nebraska Health could have a voice in who was to lead their and Human Services Department, then country. For these reasons, they toiled in a form the Senate of Lorraine’s retire- new land, carving their homes from wilder- ment at the end of the school year. an assistant pastor and education di- ness. Without the discipline, mortality, and Lorraine has dedicated her career to rector at Mount Moriah Missionary virtue of the founders, our nation’s govern- education. She graduated from Em- Baptist Church and was appointed by ment would not have endured for as long as manuel College in Boston in 1962 and the Governor of Nebraska to the Af- it has. received her Masters in Education Psy- firmative Action Commission as chap- For more than two hundred years, the chology from the University of Hawaii lain. He served as the Chair of the United States has been a land of freedom and in 1968. She served as a Principal for Omaha Police Department, on the opportunity, thanks to the diligence of its five years at a High School in Hawaii, Legal Redress Committee, was a mem- founders. But with those same freedoms and ber of Omaha NAACP, and the Inter- opportunities comes responsibility, a respon- before returning to New England as the sibility to the memories of each and every Director of Guidance at the Holliston denominational Ministerial Alliance. man, woman, and child that has given a part High School in Massachusetts. Lor- Reverend Mason personifies everything of their life as a sacrifice for their country. raine broadened her horizons further positive in the St. Louis community This responsibility is one that, as America by spending 3 years as an educator at and I am excited to learn of his influen- grows stronger and more prosperous, few the American School in Madrid and the tial leadership. wish to share. Faustenia Morrow, 25, is the develop- Ben Franklin International School in Since the time when everyone held the ment administrator for Team Sweep, a Spain. Since 1988 she has served as the same beliefs and moral standards, people’s youth-at-risk program run by the City Principal for Rutland City School Sys- convictions and ways they are taught have of St. Louis. She also is President of changed. The citizens of the United States tem. Young Organized Political Action Com- are now being taught to believe many oppos- Lorraine has dedicated her life to mittee and fundraising chairperson of ing codes of conduct such as ‘‘There’s no giving our next generation the tools Metropolis St. Louis, an organization definite right or wrong; there is only what they need to live prosperous and ful- with the goal of attracting and retain- you feel’’ and ‘‘There is accountability to filling lives. I know the entire Rutland God, your country, and your family.’’ While ing professionals in St. Louis. In addi- City community will miss Lorraine everyone is most definitely free to believe as tion, Ms. Morrow is assistant campaign Crowley. She is leaving a legacy of ac- they choose, these contrasting philosophies advisor for Missouri State Representa- complishment and affection, the mem- lead to different opinions on how the flag, tive Betty Thompson, founding mem- the symbol of our nation, should be treated. ory of which shall stand the test of ber of the Sisters of High Tea, an orga- The freedoms which the founding fathers time.∑ toiled to establish and for which our flag is nization of professional women and a f a symbol are an important part of our na- member of the Professional Organiza- tion’s heritage. Without these freedoms, we TRIBUTE TO JENNIFER DALY tion of Women. Her continuing com- would be lost and would become just as any ∑ Mr. SANTORUM. Mr. President, I mitment to the St. Louis community is other country, a people who are devoid of a positive example for all and I am ex- rise today to congratulate Jennifer hope. When a person desecrates the flag of tremely pleased to have her as a role Daly for being named the Pennsylvania the United States, he is not only scorning model for others. our nation, but he is also desecrating the state winner in The Citizens Flag Alli- Dedication to one’s community has memory of every person who ever served in a ance Essay Contest. become an increasingly rare quality in war or sacrificed their own life in order to Jennifer is the recipient of a $1,000 our society. However, Ebony’s selec- maintain the freedoms of our nation. scholarship for her one thousand word We must protect our nation’s heritage and tion of young leaders has shown that essay on the theme, ‘‘The American the most effective approach to enrich- foundation. Also, we need to honor the Flag Protection Amendment: A Right memories of those who have given their lives ing a community is to give back rather to save the freedoms of the United States. of the People . . . the Right Thing to than to take. Their unselfish commit- The flag of the United States, as a symbol of Do.’’ She is among 50 other outstanding ment has set a precedence for the gen- these, should be cherished as dearly as our young Americans named as state win- erations before and after them to fol- lives, if not more so. This is why I believe ners and will compete for one of ten low and implement. I salute the con- there needs to be a flag protection amend- college scholarships in a national com- tributions made by these leaders, and ment. petition next month. According to Article 5 of the Constitution join the Metro East Family Church of Mr. President, Jennifer Daly is a East St. Louis in paying tribute to the of the United States, there are four ways to great source of pride for the Common- amend the Constitution. The first way is for ‘‘30 Young Leaders of the Future.’’ ∑ wealth of Pennsylvania. I hope my col- Congress to propose an amendment, then f have the legislatures of three-fourths of the leagues will join with me in extending states approve it. Secondly, Congress can best wishes to her for continued suc- THE PUBLIC UTILITY HOLDING propose the amendment, and special conven- cess in the years to come.∑ COMPANY ACT OF 1997 CON- tions in three-fourths of the states can ap- f CERNING THE REPEAL OF prove the addition. Thirdly, two-thirds of the PUCHA states’ legislatures can request a special na- TRIBUTE TO REVEREND ERIC ∑ Mr. MACK. Mr. President, as the tional convention to propose an amendment, MASON AND FAUSTENIA MORROW Congress continues to address the im- and three-fourths of the states’ legislatures ∑ Mr. BOND. Mr. President, every year ratify the amendment. Fourthly, two-thirds portant work of reducing government of the states’ legislatures can call for a spe- Ebony magazine pays tribute to thirty spending, eliminating layers of bureau- cial national convention to propose an leaders ages thirty and younger who cratic waste, and increasing efficiency, amendment, and special conventions in three are working for the betterment of their we should focus on eliminating those fourths of the states ratify the amendments. communities. They all represent the regulations and programs which are no While these amendment procedures are not caliber of talent that is being groomed longer needed and are outdated. As Re- easily accomplished, it is possible with per- to move to the fore front of society and publicans, we must strive to enact leg- sistence. We need to preserve our heritage lead the United States of America into islation that embraces less govern- and our flag, honoring both. The only way to the 21st century. This year Metro East be sure that the flag will always be a pro- ment, less spending and more freedom. tected symbol of our nation’s heritage is for Family Church of East St. Louis, Illi- S. 621 is a bill that embodies these im- this amendment to be passed.∑ nois will be honoring the ‘‘30 Young portant principles. f Leaders of the Future,’’ featured in the This bill would reduce the unneces- December 1997 issue of Ebony Maga- sary federal requirements included TRIBUTE TO LORRAINE W. zine. It is a great honor to congratu- under the Public Utility Holding Act of CROWLEY late each of Ebony magazine’s selec- 1935. Originally enacted to correct the ∑ Mr. JEFFORDS. Mr. President, I rise tion of young leaders of the future, but abusive practices of holding companies today to pay tribute to Lorraine W. especially the two from my home State during the 1920’s and 30’s, PUCHA is Crowley of Rutland City, Vermont. For of Missouri. now an outdated law that is simply no

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5473 longer needed. It has served its purpose demand. By passing S. 621 we can re- Bike Patrol. Robert was on patrol one and outlived its usefulness. The Securi- duce burdens on utilities and create day when the local police received a ties and Exchange Commission, which savings which would then be passed on frantic call reporting a missing child. implemented the Act has urged its re- to ratepayers. The police, in turn, alerted Robert on peal for several years. The Federal En- Mr. President, the time to act on S. his wireless phone. An eight-year-old, ergy Regulatory Commission, along 621 is now. There is simply no reason who had run away from home, was no- with many state public utility commis- why we should delay action on repeal where to be found and was in need of sioners, also recognize the inefficiency when the passage of this bill clearly his daily medication. Robert headed of PUCHA’s obsolete provisions and preserves the fundamental principles of out on the wooded trails to an area he therefore support its repeal. free enterprise and capitalism on which It is widely recognized that the re- knew was a popular congregation spot our great country was founded. I thank for area children. He quickly spotted dundant and burdensome regulations of the chair, and I yield the floor.∑ PUCHA have resulted in higher cost for the boy and doubled back to alert the consumers. These regulations not only f boy’s father. The father and son were restrict the ability of electric pro- A TRIBUTE TO ROBERT BOWEN reunited, and Robert called the police ducers to compete in a free market WINNER OF 1998 VITA WIRELESS department on his wireless phone to let economy, but also restrict these com- SAMARITAN AWARD them know they could call off their panies from responding to the seasonal search. ∑ Mr. SMITH of New Hampshire. Mr. nature of electric demand. The Keene Crime Watch Bike Patrol, Many States have begun to address President, I rise today to congratulate armed with wireless phones, has found this issue by moving forward to a fully Robert Bowen for receiving the 1998 lost children, stopped crimes and brush competitive electric market that al- VITA Wireless Samaritan Award. The fires and assisted in similar emergency lows consumer choice. Due to the cum- award is given by the Cellular Tele- bersome regulatory structure imposed communications Industry to recognize situations for the past two years. I con- upon them under the PUCHA system, the contributions of individuals who gratulate Robert for his courage and States will not be able to achieve the used their cellular phone to heroically for demonstrating how police forces are full benefits of competition. help their communities. Robert is a utilizing modern technology to protect S. 621 seeks to correct this while re- clear example of how matching emer- their communities. I am very honored taining essential consumer protections. gency situations with technology can to have Robert Bowen as a police offi- Further, this bill allows the utility in- impact people’s lives. cer in the Granite State, and it is with dustry the flexibility to invest, diver- Robert Bowen is a police officer who great pride that I represent him in the sify, and respond to current consumerh is the head of the Keene Crime Watch U.S. Senate. ∑ FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following report(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS, FOR TRAVEL FROM JAN. 1, TO MAR. 31, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Kay Bailey Hutchison: Germany ...... Mark ...... 1,011.58 564.50 ...... 1,011.58 564.50 Total ...... 564.50 ...... 564.50 TED STEVENS, Chairman, Committee on Appropriations, May 7, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator Edward M. Kennedy: Northern Ireland ...... Dollar ...... 588.00 ...... 588.00 Republic of Ireland ...... Dollar ...... 172.00 ...... 172.00 United States ...... Dollar ...... 4,458.00 ...... 4,458.00 Trina Vargo: Northern Ireland ...... Dollar ...... 588.00 ...... 588.00 Republic of Ireland ...... Dollar ...... 798.00 ...... 798.00 United States ...... Dollar ...... 1,409.00 ...... 1,409.00 Senator Pat Roberts: New Zealand ...... Dollar ...... 260.00 ...... 260.00 Australia ...... Dollar ...... 690.00 ...... 690.00 Senator Carl Levin: Japan ...... Dollar ...... 173.84 ...... 173.84 North Korea ...... Dollar ...... 436.00 ...... 436.00 South Korea ...... Dollar ...... 116.20 ...... 116.20 United States ...... Dollar ...... 4,188.00 ...... 4,188.00 David S. Lyles: Japan ...... Dollar ...... 193.84 ...... 193.84 North Korea ...... Dollar ...... 455.00 ...... 10.00 ...... 227.72 ...... 692.72 South Korea ...... Dollar ...... 116.20 ...... 6.00 ...... 122.20 United States ...... Dollar ...... 4,474.00 ...... 4,474.00 Richard W. Fieldhouse: Japan ...... Dollar ...... 211.34 ...... 12.50 ...... 223.84 North Korea ...... Dollar ...... 455.00 ...... 10.00 ...... 220.72 ...... 685.72 South Korea ...... Dollar ...... 136.20 ...... 6.00 ...... 142.20 United States ...... Dollar ...... 4,474.00 ...... 4,474.00 Senator Carl Levin: Bosnia ...... Dollar ...... 175.67 ...... 175.67

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5474 CONGRESSIONAL RECORD — SENATE May 22, 1998 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998—Continued

Israel ...... Dollar ...... 91.91 ...... 91.91 United States ...... Dollar ...... 256.00 ...... 256.00 Senator John McCain: Germany ...... Dollar ...... 564.50 ...... 564.50 Senator Joseph I. Lieberman: Germany ...... Dollar ...... 247.25 ...... 247.25 Frederick M. Downey: Germany ...... Dollar ...... 457.58 ...... 457.58 Kurt Volker: Germany ...... Dollar ...... 420.00 ...... 420.00 Marshall Salter: Germany ...... Dollar ...... 564.50 ...... 564.50 Senator Carl Levin: Germany ...... Dollar ...... 237.00 ...... 237.00 Oman ...... Dollar ...... 237.00 ...... 237.00 Qatar ...... Dollar ...... 37.00 ...... 37.00 Russia ...... Dollar ...... 836.50 ...... 836.50 Senator John Warner: Germany ...... Dollar ...... 355.25 ...... 355.25 Oman ...... Dollar ...... 384.48 ...... 384.48 Qatar ...... Dollar ...... 24.00 ...... 24.00 Russia ...... Dollar ...... 872.80 ...... 872.80 Romie L. Brownlee: Germany ...... Dollar ...... 332.12 ...... 332.12 Oman ...... Dollar ...... 237.00 ...... 237.00 Qatar ...... Dollar ...... 95.00 ...... 95.00 Russia ...... Dollar ...... 608.60 ...... 608.60 David S. Lyles: Germany ...... Dollar ...... 326.00 ...... 326.00 Oman ...... Dollar ...... 410.00 ...... 410.00 Qatar ...... Dollar ...... 152.00 ...... 152.00 Russia ...... Dollar ...... 449.50 ...... 449.50 John Barnes: South Korea ...... Dollar ...... 912.00 ...... 912.00 United States ...... Dollar ...... 3,360.00 ...... 3,360.00 Madelyn R. Creedon: Ukraine ...... Dollar ...... 260.00 ...... 260.00 Russia ...... Dollar ...... 1,040.00 ...... 1,040.00 United States ...... Dollar ...... 4,745.19 ...... 4,745.19 Lucia Monica Chavez: Ukraine ...... Dollar ...... 257.14 ...... 257.14 Russia ...... Dollar ...... 1,028.58 ...... 1,028.58 Switzerland ...... Dollar ...... 514.28 ...... 514.28 United States ...... Dollar ...... 4,245.73 ...... 4,245.73 Richard DeBobes: Bosnia ...... Dollar ...... 202.26 ...... 202.26 Israel ...... Dollar ...... 141.95 ...... 141.95 Israel ...... Dollar ...... 56.00 ...... 56.00 Israel ...... Dollar ...... 25.00 ...... 25.00 United States ...... Dollar ...... 256.00 ...... 256.00

Total ...... 17,861.49 ...... 31,454.42 ...... 985.44 ...... 50,301.35 STROM THURMOND, Chairman, Committee on Armed Services, May 18, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator Connie Mack: Ireland ...... Pound ...... 125.13 172.00 ...... 4,233.00 ...... 4,405.00 Northern Ireland ...... Pound ...... 223.80 373.00 ...... 373.00 Gary Shiffman: Ireland ...... Pound ...... 125.13 172.00 ...... 4,233.00 ...... 4,405.00 Northern Ireland ...... Pound ...... 130.80 218.00 ...... 218.00

Total ...... 935.00 ...... 8,466.00 ...... 9,401.00 ALFONSE D’AMATO, Chairman, Committee on Banking, Housing, and Urban Affairs. Mar. 31, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator Phil Gramm: Germany ...... Mark ...... 635.23 354.50 ...... 635.23 354.50 Senator Gordon Smith: Germany ...... Mark ...... 416.00 232.13 ...... 416.00 232.13

Total ...... 586.63 ...... 586.63 PETE V. DOMENICI, Chairman, Committee on the Budget, Mar. 25, 1998.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5475 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET, FOR TRAVEL FROM JAN. 11 TO JAN. 21, 1998

Senator Pete V. Domenici: England ...... Pound ...... 367.50 618.00 ...... 367.50 618.00 Germany ...... Mark ...... 772.00 426.00 ...... 772.00 426.00 Belgium ...... Franc ...... 17,906 478.00 ...... 17,906 478.00 Switzerland ...... Franc ...... 1,176.30 793.50 ...... 1,176.30 793.50 France ...... Franc ...... 3,109.00 508.00 ...... 3,109.00 508.00 Senator Don Nickles: England ...... Pound ...... 431.31 708.00 ...... 431.31 708.00 Germany ...... Mark ...... 934.80 516.00 ...... 934.80 516.00 Belgium ...... Franc ...... 10,639 284.00 ...... 10,639 284.00 United States ...... Dollar ...... 529.21 ...... 529.21 Senator Spencer Abraham: England ...... Pound ...... 431.31 708.00 ...... 431.31 708.00 Germany ...... Mark ...... 934.80 516.00 ...... 934.80 516.00 Belgium ...... Franc ...... 21,277 568.00 ...... 21,277 568.00 Switzerland ...... Franc ...... 1,309.70 883.50 ...... 1,309.70 883.50 France ...... Franc ...... 3,659.76 598.00 ...... 3,659.76 598.00 G. William Hoagland: England ...... Pound ...... 431.31 708.00 ...... 431.31 708.00 Germany ...... Mark ...... 817.75 451.40 ...... 817.75 451.40 Belgium ...... Franc ...... 18,857 503.40 ...... 18,857 503.40 Switzerland ...... Franc ...... 1,214 818.90 ...... 1,214 818.90 France ...... Franc ...... 3,264 533.40 ...... 3,264 533.40 Amy Smith: England ...... Pound ...... 395 648.00 ...... 395 648.00 Germany ...... Mark ...... 826 456.00 ...... 826 456.00 Belgium ...... Franc ...... 19,030 508.00 ...... 19,030 508.00 Switzerland ...... Franc ...... 1,221 823.50 ...... 1,221 823.50 France ...... Franc ...... 3,292.56 538.00 ...... 3,292.56 538.00 Bob Stevenson: England ...... Pound ...... 431.31 708.00 ...... 431.31 708.00 Germany ...... Mark ...... 934.80 516.00 ...... 934.80 516.00 Belgium ...... Franc ...... 21,277 568.00 ...... 21,277 568.00 Switzerland ...... Franc ...... 1,218.20 822.00 ...... 1,218.20 822.00 France ...... Franc ...... 3,283.38 536.50 ...... 3,283.38 536.50 Delegation Expenses: 1 England ...... 6,378.27 ...... 6,378.27 Germany ...... 6,020.26 ...... 6,020.26 Belgium ...... 7,133.87 ...... 7,133.87 Switzerland ...... 5,952.59 ...... 5,952.59 France ...... 10,358.64 ...... 10,358.64

Total ...... 16,744.10 ...... 529.21 ...... 35,843.63 ...... 53,116.94 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and Senate Resolution 179, agreed to May 25, 1977. PETE V. DOMENICI, Chairman, Committee on the Budget, May 1, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Thomas Hubbard: United States ...... Dollar ...... 7,445.90 ...... 7,445.90 Thailand ...... Baht ...... 12,600 240.00 ...... 12,600 240.00 Vietnam ...... Dollar ...... 1,743.00 ...... 203.00 ...... 1,946.00

Total ...... 1,983.00 ...... 7,648.90 ...... 9,631.90 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, Apr. 29, 1998.

Grant Aldonas: United States ...... Dollar ...... 1,284.90 ...... 1,284.90 Switzerland ...... Franc ...... 1,918.75 1,341.78 ...... 1,918.75 1,341.78 France ...... Franc ...... 1,537.35 280.54 ...... 1,537.35 280.54 Linda Menghetti: United States ...... Dollar ...... 1,284.90 ...... 1,284.90 France ...... Franc ...... 964 175.91 ...... 964 175.91 Switzerland ...... Franc ...... 1,677.74 1,172.10 ...... 1,677.74 1,172.10 Jim Jochum: United States ...... Dollar ...... 1,284.90 ...... 1,284.90 France ...... Franc ...... 1,092.03 182.92 ...... 1,092.03 182.92 Switzerland ...... Franc ...... 1,295.13 905.69 ...... 1,295.13 905.69

Total ...... 4,058.94 ...... 3,854.70 ...... 7,913.64 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, Mar. 11, 1998.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5476 CONGRESSIONAL RECORD — SENATE May 22, 1998 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Mark Patterson: United States ...... Dollar ...... 975.02 ...... 975.02 Switzerland ...... Franc ...... 1,447.85 980.73 ...... 1,447.85 980.73 Senator John D. Rockefeller IV: United States ...... Dollar ...... 5,876.00 ...... 5,876.00 Taiwan ...... Dollar ...... 49,888 1,527.50 ...... 49,888 1,527.50 Japan ...... Yen ...... 258,488 1,951.00 ...... 258,488 1,951.00 China ...... Yuan ...... 8,501.56 1,028.00 ...... 8,501.56 1,028.00 R. Lane Bailey: United States ...... Dollar ...... 7,613.00 ...... 7,613.00 Taiwan ...... Dollar ...... 49,888 1,527.50 ...... 49,888 1,527.50 Japan ...... Yen ...... 258,488 1,951.00 ...... 258,488 1,951.00 China ...... Yuan ...... 8,501.56 1,028.00 ...... 8,501.56 1,028.00 Teri Giles: United States ...... Dollar ...... 3,170.00 ...... 3,170.00 Taiwan ...... Dollar ...... 42,213 1,292.50 ...... 42,213 1,292.50 Japan ...... Yen ...... 222,032 1,662.00 ...... 222,032 1,662.00 China ...... Yuan ...... 8,501.56 1,028.00 ...... 8,501.56 1,028.00 Deborah Lamb: United States ...... Dollar ...... 1,257.64 ...... 1,257.64 France ...... Franc ...... 4,191.92 687.26 ...... 4,191.92 687.26 Switzerland ...... Franc ...... 1,447.23 980.31 ...... 1,447.23 980.31 David Podoff: United States ...... Dollar ...... 1,257.64 ...... 1,257.64 France ...... Franc ...... 4,595.32 753.33 ...... 4,595.32 753.33 Switzerland ...... Franc ...... 1,345.71 911.54 ...... 1,345.71 911.54 Total ...... 17,308.67 ...... 20,149.30 ...... 37,457.97 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, Apr. 22, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator Chuck Hagel: England ...... Pound ...... 431.31 708.00 ...... 431.31 708.00 Germany ...... Mark ...... 934.80 516.00 ...... 934.80 516.00 Belgium ...... Franc ...... 21,277 568.00 ...... 21,277 568.00 Switzerland ...... Franc ...... 1,309.70 883.50 ...... 1,309.70 883.50 France ...... Franc ...... 3,659.76 598.00 ...... 3,659.76 598.00 Senator John Kerry: Vietnam ...... Dollar ...... 2,200.00 ...... 2,200.00 Thailand ...... Baht ...... 12,720 240.00 ...... 12,720 240.00 United States ...... Dollar ...... 6,259.00 ...... 6.259.00 Thomas Bunton: Russian Federation ...... Dollar ...... 1,035.78 ...... 1,035.78 United States ...... Dollar ...... 4,313.11 ...... 4,313.11 Roger Noriega: Cuba ...... Dollar ...... 1,150.00 ...... 1,150.00 United States ...... Dollar ...... 969.00 ...... 969.00 Danielle Pletka: Syria ...... Dollar ...... 801.00 ...... 801.00 Lebanon ...... Dollar ...... 438.00 ...... 438.00 Cyprus ...... Dollar ...... 125.00 ...... 125.00 United States ...... Dollar ...... 6,829.99 ...... 6,829.99 Munro Richardson: Congo ...... Dollar ...... 1,750.00 ...... 468.00 ...... 2,218.00 United States ...... Dollar ...... 5,256.00 ...... 5,256.00 Nancy Stetson: Vietnam ...... Dollar ...... 1,892.00 ...... 1,892.00 Burma ...... Dollar ...... 392.00 ...... 196.00 ...... 588.00 Thailand ...... Dollar ...... 130.00 ...... 130.00 United States ...... Dollar ...... 6,515.10 ...... 6,515.10 Michael Westphal: Congo ...... Dollar ...... 1,750.00 ...... 468.00 ...... 2,218.00 United States ...... Dollar ...... 5,256.00 ...... 5,256.00 Marc Thiessen: Cuba ...... Dollar ...... 1,650.00 ...... 1,650.00 United States ...... Dollar ...... 969.00 ...... 969.00 Linda Rotblatt: Congo ...... Dollar ...... 1,750.00 ...... 468.00 ...... 2,218.00 United States ...... Dollar ...... 5,256.00 ...... 5,256.00 Total ...... 18,577.28 ...... 43,223.20 ...... 61,800.48 JESSE HELMS, Chairman, Committee on Foreign Relations, Apr. 28, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator John Kerry: Switzerland ...... Dollar ...... 350.00 ...... 350.00 Helen Kanovsky: Switzerland ...... Dollar ...... 607.63 ...... 607.63 Senator Orrin Hatch: Switzerland ...... Dollar ...... 350.00 ...... 350.00

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5477 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998—Continued

Paul Matulic: Switzerland ...... Dollar ...... 800.00 ...... 800.00 Louis Dupart: Haiti ...... Dollar ...... 167.50 ...... 167.50 Dominican Republic ...... Dollar ...... 155.00 ...... 155.00 Total ...... 2,430.13 ...... 2,430.13 ORRIN HATCH, Chairman, Committee on the Judiciary, Apr. 22, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON LABOR AND HUMAN RESOURCES, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator Tom Harkin: United States ...... Dollar ...... 5,066.44 ...... 5,066.44 Thailand ...... Baht ...... 4,094 77.31 4,094 77.31 Bangladesh ...... Taka ...... 7,013 154.31 2,407.49 52.97 4,774.07 105.04 14,194.56 312.32 India ...... Rupee ...... 13,943.27 356.00 ...... 13,943.27 356.00 Nepal ...... Rupee ...... 3,050 50.00 1,799.50 29.50 ...... 4,849.50 79.50 Pakistan ...... Rupee ...... 7,172 163.00 ...... 296.12 6.73 7,468.12 169.73 Rosemary Gutierrez: United States ...... Dollar ...... 5,066.44 ...... 5,066.44 Thailand ...... Baht ...... 3,964.60 75.60 3,964.60 75.60 Bangladesh ...... Taka ...... 4,135.95 91.00 2,407.94 52.98 4,773.61 105.03 11,317.50 249.01 India ...... Rupee ...... 13,943.27 356.00 ...... 13,943.27 356.00 Nepal ...... Rupee ...... 1,525 250.00 1,799.50 29.50 ...... 3,324.50 279.50 Pakistan ...... Rupee ...... 7,172 163.00 ...... 296.12 6.72 7,468.12 169.72 Total ...... 1,583.31 ...... 10,297.83 ...... 376.43 ...... 12,257.57 JIM JEFFORDS, Chairman, Committee on Labor and Human Resources, Apr. 28, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS, FOR TRAVEL FROM OCT, 1 TO DEC. 31, 1997

Mary Agocs: Israel ...... Dollar ...... 2,348.00 ...... 1,677.00 ...... 4,025.00 C. James Moore: Kuwait ...... Dollar ...... 322.62 ...... 322.62 Saudi Arabia ...... Dollar ...... 1,163.37 ...... 1,163.37 Egypt ...... Dollar ...... 894.97 ...... 894.97 Israel ...... Dollar ...... 1,486.74 ...... 1.486.74 Total ...... 6,215.70 ...... 1,677.00 ...... 7,892.70 ARLEN SPECTER, Chairman, Committee on Veterans’ Affairs, Apr. 17, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator Arlen Specter: United States ...... Dollar ...... 4,378.70 ...... 4,378.70 Netherlands ...... Dollar ...... 224.00 ...... 224.00 United Kingdom ...... Dollar ...... 176.98 ...... 176.98 Israel ...... Dollar ...... 355.00 ...... 355.00 Syria ...... Dollar ...... 190.00 ...... 190.00 Jordan ...... Dollar ...... 85.50 ...... 85.50 Eritrea ...... Dollar ...... 78.00 ...... 78.00 Yemen ...... Dollar ...... 14.00 ...... 14.00 Ethiopia ...... Dollar ...... 15.00 ...... 15.00 Saudi Arabia ...... Dollar ...... 50.00 ...... 50.00 Egypt ...... Dollar ...... 119.00 ...... 119.00 Germany ...... Dollar ...... 142.00 ...... 142.00 David J. Urban: United States ...... Dollar ...... 4,192.70 ...... 4,192.70 Netherlands ...... Dollar ...... 224.00 ...... 224.00 Israel ...... Dollar ...... 631.00 ...... 631.00 Jordan ...... Dollar ...... 320.00 ...... 320.00 Syria ...... Dollar ...... 252.00 ...... 252.00 Germany ...... Dollar ...... 205.00 ...... 205.00 Italy ...... Dollar ...... 166.00 ...... 166.00 Ethiopia ...... Dollar ...... 131.00 ...... 131.00 Egypt ...... Dollar ...... 175.00 ...... 175.00 Eritrea ...... Dollar ...... 131.00 ...... 131.00 Jonathan L. Ullyot: United States ...... Dollar ...... 4,192.70 ...... 4,192.70

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5478 CONGRESSIONAL RECORD — SENATE May 22, 1998 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998—Continued

Netherlands ...... Dollar ...... 187.71 ...... 187.71 Israel ...... Dollar ...... 383.72 ...... 383.72 Syria ...... Dollar ...... 252.00 ...... 252.00 Jordan ...... Dollar ...... 211.99 ...... 211.99 Eritrea ...... Dollar ...... 260.00 ...... 260.00 Ethiopia ...... Dollar ...... 376.76 ...... 376.76 Egypt ...... Dollar ...... 217.06 ...... 217.06 Italy ...... Dollar ...... 210.07 ...... 210.07 Germany ...... Dollar ...... 185.53 ...... 185.53 Total ...... 5,969.32 ...... 12,764.10 ...... 18,733.42 ARLEN SPECTER, Chairman, Committee on Veterans’ Affairs, Mar. 9, 1998.

ADDENDUM.—CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1997

Senator Mike DeWine ...... 382.75 ...... 382.75 James Stinebower ...... 750.00 ...... 750.00 Laurel Pressler ...... 385.70 ...... 385.70 Gina Marie Hatheway ...... 750.00 ...... 750.00 Total ...... 2,268.45 ...... 2,268.45 RICHARD SHELBY, Chairman, Select Committee on Intelligence, Apr. 22, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Senator Bob Graham ...... 1,428.00 ...... 15,587.21 ...... 17,015.21 Alfred Cumming ...... 1,478.27 ...... 1,478.27 Bob Fillipone ...... 1,501.47 ...... 1,501.47 Taylor W. Lawrence ...... 1,195.00 ...... 5,212.00 ...... 6,407.00 Christopher Williams ...... 1,054.00 ...... 4,269.00 ...... 5,323.00 Laurel Pressler ...... 249.50 ...... 249.50 Gina Marie Hatheway ...... 322.50 ...... 322.50 William Duhnke ...... 233.50 ...... 233.50 Linda Taylor ...... 500.00 ...... 7,713.60 ...... 8,213.60 Arthur Grant ...... 500.00 ...... 8,544.00 ...... 9,044.00 Senator Jon Kyl ...... 202.00 ...... 202.00 Total ...... 8,664.24 ...... 25,738.60 ...... 15,587.21 ...... 49,990.05 RICHARD SHELBY, Chairman, Select Committee on Intelligence, Apr. 22, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998

Rep. Benjamin Cardin: Greece ...... Dollar ...... 264.00 ...... 264.00 Cyprus ...... Dollar ...... 146.00 ...... 146.00 Turkey ...... Dollar ...... 567.00 ...... 567.00 Austria ...... Dollar ...... 176.00 ...... 176.00 John Finerty: United States ...... Dollar ...... 5,010.24 ...... 5,010.24 Russia ...... Dollar ...... 990.00 ...... 990.00 Janice Helwig: United States ...... Dollar ...... 4,928.93 ...... 4,928.93 Austria ...... Dollar ...... 8,565.00 ...... 8,565.00 Rep. Steny Hoyer: Greece ...... Dollar ...... 264.00 ...... 264.00 Cyprus ...... Dollar ...... 146.00 ...... 146.00 Turkey ...... Dollar ...... 567.00 ...... 567.00 Austria ...... Dollar ...... 176.00 ...... 176.00 United States ...... Dollar ...... 4,605.93 ...... 4,605.93 Austria ...... Dollar ...... 322.00 ...... 322.00 Marlene Kaufmann: Greece ...... Dollar ...... 264.00 ...... 264.00 Cyprus ...... Dollar ...... 146.00 ...... 146.00 Turkey ...... Dollar ...... 567.00 ...... 567.00 Austria ...... Dollar ...... 176.00 ...... 176.00 United States ...... Dollar ...... 4,395.62 ...... 4,395.62 Austria ...... Dollar ...... 322.00 ...... 322.00 Karen Lord: United States ...... Dollar ...... 4,996.71 ...... 4,996.71 Russia ...... Dollar ...... 1,750.00 ...... 1,750.00 Austria ...... Dollar ...... 176.00 ...... 723.00 ...... 899.00

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5479 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1998—Continued

United States ...... Dollar ...... 4,795.66 ...... 4,795.66 Cyprus ...... Dollar ...... 690.00 ...... 690.00 Rep. Edward Markey: Greece ...... Dollar ...... 264.00 ...... 264.00 Cyprus ...... Dollar ...... 146.00 ...... 146.00 Turkey ...... Dollar ...... 567.00 ...... 567.00 Austria ...... Dollar ...... 176.00 ...... 176.00 Ronald McNamara: Greece ...... Dollar ...... 245.10 ...... 245.10 Cyprus ...... Dollar ...... 128.00 ...... 128.00 Turkey ...... Dollar ...... 544.27 ...... 544.27 Austria ...... Dollar ...... 162.26 ...... 162.26 Edward Wayne Merry: Greece ...... Dollar ...... 264.00 ...... 264.00 Cyprus ...... Dollar ...... 146.00 ...... 146.00 Turkey ...... Dollar ...... 567.00 ...... 567.00 Austria ...... Dollar ...... 176.00 ...... 176.00 Michael Ochs: United States ...... Dollar ...... 4,968.38 ...... 4,968.38 Azerbaijan ...... Dollar ...... 1,480.00 ...... 1,480.00 Armenia ...... Dollar ...... 924.00 ...... 924.00 Georgia ...... Dollar ...... 2,193.00 ...... 2,193.00 Turkey ...... Dollar ...... 416.00 ...... 416.00 Rep. John Porter: Greece ...... Dollar ...... 264.00 ...... 264.00 Cyprus ...... Dollar ...... 146.00 ...... 146.00 Turkey ...... Dollar ...... 567.00 ...... 567.00 Austria ...... Dollar ...... 176.00 ...... 176.00 Erika Schlager: United States ...... Dollar ...... 4,315.17 ...... 4,315.17 Czech Republic ...... Dollar ...... 696.00 ...... 696.00 The Netherlands ...... Dollar ...... 427.00 ...... 427.00 Rep. Louise Slaughter: Greece ...... Dollar ...... 264.00 ...... 264.00 Cyprus ...... Dollar ...... 146.00 ...... 146.00 Turkey ...... Dollar ...... 567.00 ...... 567.00 Austria ...... Dollar ...... 176.00 ...... 176.00 Rep. Christopher Smith: United States ...... Dollar ...... 5,085.00 ...... 5,085.00 Russia ...... Dollar ...... 1,150.00 ...... 1,150.00 Dorothy Douglas Taft: Greece ...... Dollar ...... 167.00 ...... 167.00 Cyprus ...... Dollar ...... 65.80 ...... 65.80 Turkey ...... Dollar ...... 404.00 ...... 404.00 Austria ...... Dollar ...... 139.06 ...... 139.06 Rep. Frank Wolf: United States ...... Dollar ...... 3,161.30 ...... 3,161.30 Russia ...... Dollar ...... 864.00 ...... 864.00

Total ...... 30,891.49 ...... 46,985.94 ...... 77,877.43 ALFONSE D’AMATO, Commission on Security and Cooperation in Europe, Mar. 31, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM JULY 5 TO JULY 9, 1997

Senator William V. Roth, Jr.: Czech Republic ...... Dollar ...... 564.00 ...... 564.00 Spain ...... Peseta ...... 85,312.80 578.00 ...... 85,312.80 578.00 Senator Joseph R. Biden, Jr.: Spain ...... Peseta ...... 42,656.40 289.00 ...... 42,656.40 289.00 United States ...... Dollar ...... 1,536.00 ...... 1,536.00 Senator Barbara Mikulski: Czech Republic ...... Dollar ...... 177.00 ...... 177.00 Spain ...... Peseta ...... 109,426.21 741.37 ...... 109,426.21 741.37 Senator Gordon Smith: Czech Republic ...... Dollar ...... 156.00 ...... 156.00 Spain ...... Peseta ...... 66,567.60 451.00 ...... 66,567.60 451.00 Mr. Ian Brzezinski: Czech Republic ...... Dollar ...... 282.00 ...... 282.00 Spain ...... Peseta ...... 85,312.80 578.00 ...... 85,312.80 578.00 Dr. Michael Haltzel: Spain ...... Peseta ...... 85,312.80 578.00 ...... 85,312.80 578.00 Virginia Flynn: Czech Republic ...... Dollar ...... 282.00 ...... 282.00 Madrid ...... Peseta ...... 85,312.80 578.00 ...... 85,312.80 578.00 Julia Hart: Czech Republic ...... Dollar ...... 282.00 ...... 282.00 Madrid ...... Peseta ...... 85,312.80 578.00 ...... 85,312.80 578.00 Delegation Expenses: 1 Czech Republic ...... 2263.52 ...... 2263.52 Spain ...... 1,640.00 ...... 1,640.00

Total ...... 6,114.37 ...... 1,536.00 ...... 13,903.52 ...... 11,553.89 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and Senate Resolution 179, agreed to May 25, 1977. TRENT LOTT, Majority Leader, TOM DASCHLE, Democratic Leader, Apr. 8, 1998.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5480 CONGRESSIONAL RECORD — SENATE May 22, 1998 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM NOV. 30 TO DEC. 11, 1997

Senator John H. Chafee: Japan ...... Yen ...... 137,592 1,127.66 ...... 137,592 1,127.66 United States ...... Dollar ...... 4,171.00 ...... 4,171.00 Senator John Kerry: Japan ...... Yen ...... 83,191 647.00 ...... 83,191 647.00 United States ...... Dollar ...... 11,095.00 ...... 11,095.00 Senator Joseph Lieberman: Japan ...... Yen ...... 138,850 1,093.00 ...... 138,850 1,093.00 United States ...... Dollar ...... 4,899.00 ...... 4,899.00 Senator Chuck Hagel: Japan ...... Yen ...... 227,820 1,794.00 ...... 227,820 1,794.00 United States ...... Dollar ...... 5,396.00 ...... 5,396.00 Senator Mike Enzi: Japan ...... Yen ...... 35,941 283.00 ...... 35,941 283.00 United States ...... Dollar ...... 5,377.00 ...... 5,377.00 Kent Bonham: Japan ...... Yen ...... 379,700 2,990.00 ...... 379,700 2,990.00 United States ...... Dollar ...... 5,396.00 ...... 5,396.00 Kate English: Japan ...... Yen ...... 379,700 2,990.00 ...... 379,700 2,990.00 United States ...... Dollar ...... 1,006.00 ...... 1,006.00 Richard D’Amato: Japan ...... Yen ...... 417,670 3,289.00 ...... 417,670 3,289.00 United States ...... Dollar ...... 5,077.39 ...... 5,077.39 Debbie Fiddelke: Japan ...... Yen ...... 379,700 2,990.00 ...... 379,700 2,990.00 United States ...... Dollar ...... 4,275.00 ...... 4,275.00 Julia Hart: Japan ...... Yen ...... 341,730 2,691.00 ...... 341,730 2,691.00 United States ...... Dollar ...... 5,396.00 ...... 5,396.00 Nao Matsukata: Japan ...... Yen ...... 341,730 2,691.00 ...... 341,730 2,691.00 United States ...... Dollar ...... 4,497.00 ...... 4,497.00 Delegation Expenses: 1 Japan ...... 21,412.25 ...... 21,412.25

Total ...... 22,585.66 ...... 56,585.39 ...... 21,412.25 ...... 100,583.30 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and Senate Resolution 179, agreed to May 25, 1977. TRENT LOTT, Majority Leader, TOM DASCHLE, Democratic Leader, Apr. 8, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE DEMOCRATIC LEADER FROM JAN. 1 TO MAR. 31, 1998

Senator Daniel Patrick Moynihan: India ...... Rupee ...... 56,105 1,424.00 ...... 56,105 1,424.00 Switzerland ...... Franc ...... 1,759.76 1,192.00 ...... 1,371.75 1,759.76 2,563.75 United States ...... Dollar ...... 7,864.30 ...... 7,864.30 Senator Jack Reed: Bosnia-Herzegovina ...... Dollar ...... 185.31 ...... 185.31 Israel ...... Dollar ...... 106.13 ...... 256.00 ...... 362.13 United States ...... Dollar ...... 4,081.00 ...... 4,081.00 Elizabeth L. King: Bosnia-Herzegovina ...... Dollar ...... 198.87 ...... 198.87 Israel ...... Dollar ...... 617.58 ...... 256.00 ...... 873.58 United States ...... Dollar ...... 3,882.00 ...... 3,882.00

Total ...... 3,723.89 ...... 15,827.30 ...... 1,883.75 ...... 21,434.94 TOM DASCHLE, Democratic Leader, Apr. 21, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY MAJORITY LEADER FROM JAN. 1, TO MAR. 31, 1998

Randy Scheunemann: Germany ...... Mark ...... 1,011.58 564.50 ...... 1,011.58 564.50 Julia Hart: England ...... Pound ...... 431.31 708.00 ...... 431.31 708.00 Germany ...... Mark ...... 934.80 516.00 ...... 934.80 516.00 Belgium ...... Franc ...... 21,277 568.00 ...... 21,277 568.00 Switzerland ...... Franc ...... 1,309.70 883.50 ...... 1,309.70 883.50 France ...... Franc ...... 3,659.76 598.00 ...... 3,659.76 598.00

Total ...... 3,838.00 ...... 3,838.00 TRENT LOTT, Majority Leader, Apr. 21, 1998.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 8634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5481 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY MAJORITY LEADER FROM JAN. 5 TO JAN. 11, 1998

Senator Trent Lott: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Senator Frank Murkowski: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Senator John Breaux: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 United States ...... Dollar ...... 1,027.00 ...... 1,027.00 Senator Mike DeWine: Panama ...... Dollar ...... 282.20 ...... 282.00 Honduras ...... Dollar ...... 212.00 ...... 212.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 1,914.28 236.04 ...... 1,914.28 236.04 Senator Pat Roberts: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Gary Sisco: Panama ...... Dollar ...... 328.00 ...... 328.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Steve Benza: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Susan Irby: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Julie Morrison: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Randy Scheunemann: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Sally Walsh: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 Guatemala ...... Quetzal ...... 920.82 149.00 ...... 920.82 149.00 Mexico ...... New Peso ...... 2,149.15 265.00 ...... 2,149.15 265.00 Robert Wilkie: Panama ...... Dollar ...... 366.00 ...... 366.00 Honduras ...... Dollar ...... 225.00 ...... 225.00 United States ...... Dollar ...... 339.30 ...... 339.30 Delegation expenses: 1 Panama ...... 5,648.14 ...... 5,648.14 Nicaragua ...... 2,351.31 ...... 2,351.31 Honduras ...... 4,114.22 ...... 4,114.22 Guatemala ...... 5,940.30 ...... 5,940.30 Mexico ...... 3,708.83 ...... 3,708.83 Total ...... 11,482.24 ...... 1,366.30 ...... 21,762.80 ...... 34,611.34 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and Senate Resolution 179, agreed to May 25, 1977. TRENT LOTT, h Majority Leader, Mar. 5, 1998. EXECUTIVE SESSION diately notified of the Senate’s action, of importance and responsibility under title and the Senate then return to legisla- 10, U.S.C., section 601: Mr. ENZI. Mr. President, I ask unani- tive session. To be lieutenant general mous consent that the Senate imme- The PRESIDING OFFICER. Without Maj. Gen. Robert F. Raggio, 0000 diately proceed to executive session to objection, it is so ordered. The following named officer for appoint- consider the following nominations on ment in the United States Air Force to the the Executive Calendar: Nos. 603, 610, The nominations were considered and confirmed as follows: grade indicated while assigned to a position 615, 626 through 633, 635 through 641; all of importance and responsibility under title nominations on the Secretary’s desk in NATIONAL SCIENCE FOUNDATION 10, U.S.C., section 601: the Air Force, Army, Marine Corps, Rita R. Colwell, of Maryland, to be Direc- To be lieutenant general and Navy; and the nomination of Joan tor of the National Science Foundation for a Maj. Gen. Donald L. Peterson, 0000 term of six years. Dempsey reported by the Intelligence The following Air National Guard of the Committee today. DEPARTMENT OF COMMERCE United States officer for appointment in the I further ask unanimous consent that Patrick A. Mulloy, of Virginia, to be an Reserve of the Air Force to the grade indi- the nominations be confirmed, the mo- Assistant Secretary of Commerce. cated under title 10, U.S.C., section 12203: tion to reconsider be laid upon the IN THE AIR FORCE To be brigadier general table, and any statements relating to The following named officer for appoint- Col. Daniel James III, 0000 the nominations appear at this point in ment in the United States Air Force to the The following named officer for appoint- the RECORD, the President be imme- grade indicated while assigned to a position ment in the United States Air Force to the

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5482 CONGRESSIONAL RECORD — SENATE May 22, 1998 grade indicated under title 10, U.S.C., section indicated while assigned to a position of im- ing, and the Foreign Corrupt Practices 624: portance and responsibility under title 10, Act. He played a lead role in developing To be brigadier general U.S.C., section 601: the Export Enhancement Act of 1993 Col. Lee P. Rodgers, 0000 To be vice admiral and has demonstrated an ability to The following Air National Guard of the George P. Nanos, Jr., 0000 work with lawmakers on both sides of United States officer for appointment in the IN THE AIR FORCE, ARMY, MARINE CORPS, NAVY the aisle. For many years, he also has Reserve of the Air Force to the grade indi- Air Force nominations beginning Phillip served as the Banking Committee’s ad- cated under title 10, U.S.C., section 12203: M. Armstrong, and ending *Rex A. Williams, visor to U.S. negotiating teams at the To be brigadier general which nominations were received by the Sen- GATT and WTO and contributed to the Col. Archie J. Berberian II, 0000 ate and appeared in the Congressional successes achieved during these nego- Record of April 21, 1998 IN THE ARMY tiations. Army nomination of Gary W. Krahn, which Patrick Mulloy’s diverse career expe- The following National Guard of the was received by the Senate and appeared in United States officer for appointment in the the Congressional Record of April 21, 1998 rience, spanning the State Department, Reserve of the Army to the grade indicated Army nominations beginning Eugene N Justice Department and the Senate under title 10, U.S.C., section 12203: Acosta, and ending Curtis L Yeager, which Banking Committee, have given him To be major general nominations were received by the Senate and an unusual depth of perspective on Brig. Gen. Roger C. Schultz, 0000 appeared in the Congressional Record of international economic policy issues. I April 29, 1998 The following named officers for appoint- am confident that, as Assistant Sec- Marine Corps nominations beginning Rich- ment in the Reserve of the Army to the retary of Commerce, he will work dili- ard D. Coulter, and ending Karim Shihata, grades indicated under title 10, U.S.C., sec- which nominations were received by the Sen- gently to help ensure that U.S. busi- tion 12203: ate and appeared in the Congressional nesses are given every opportunity to To be major general Record of April 21, 1998 compete freely and fairly in the global Brig. Gen. Daniel C. Balough, 0000 Marine Corps nomination of Gary F. marketplace of the 21st century. I urge Brig. Gen. Roger L. Brautigan, 0000 Baumann, which was received by the Senate my colleagues to support his nomina- Brig. Gen. Thomas A. Wessels, 0000 and appeared in the Congressional Record of tion. To be brigadier general April 29, 1998 Mr. SARBANES. Mr. President, I rise Marine Corps nominations beginning Mi- Col. Bruce A. Adams, 0000 today to express my strong support for chael L. Andrews, and ending Robert C. the nomination of Patrick Mulloy to be Col. Michael B. Barrett, 0000 Wittenberg, which nominations were re- Col. Lowell C. Detamore, Jr., 0000 ceived by the Senate and appeared in the Assistant Secretary of Commerce for Col. Kenneth D. Herbst, 0000 Congressional Record of April 29, 1998 Market Access and Compliance. Col. Kenneth L. Penttila, 0000 Marine Corps nominations beginning I have known Pat since he came to IN THE MARINE CORPS James N. Adams, and ending Thomas J work for the Senate Banking Com- The following named officer for appoint- Zohlen, which nominations were received by mittee in 1983 as a Congressional Fel- ment in the United States Marine Corps to the Senate and appeared in the Congres- low from the Justice Department. Pat the grade indicated while assigned to a posi- sional Record of April 29, 1998 made such a strong impression during tion of importance and responsibility under Marine Corps nominations beginning Louis his fellowship that the then ranking P Abraham, and ending Mark G Zimmerman, title 10, U.S.C., section 601: Democrat on the Banking Committee, To be lieutenant general which nominations were received by the Sen- ate and appeared in the Congressional Senator Proxmire, hired him to be Mi- Maj. Gen. Frederick McCorkle, 0000 Record of April 29, 1998 nority General Counsel, a position The following named officer for appoint- Marine Corps nominations beginning which he held from 1984 to 1986. After ment as Assistant Commandant of the Ma- Ruben Bernal, and ending James Werdann, the Senate changed hands in 1987, Pat rine Corps and for appointment to the grade which nominations were received by the Sen- became General Counsel for the major- indicated under title 10, U.S.C., section 5044: ate and appeared in the Congressional ity and served in that capacity until To be general Record of April 29, 1998 1989. When Senator Proxmire retired in Lt. Gen. Terrence R. Dake, 0000 Navy nominations beginning Michale D. Cobb, and ending Raymond B. Roll, which 1989, Pat became Senior Counsel and IN THE NAVY nominations were received by the Senate and International Affairs Advisor to the The following named officers for appoint- appeared in the Congressional Record of new chairman, Senator Riegle. Since ment in the Naval Reserve to the grade indi- April 21, 1998 1992 he has served as Chief Inter- cated under title 10, U.S.C., section 12203: Navy nomination of Daniel D. Thompson, national Counsel for the Democratic To be rear admiral which was received by the Senate and ap- members of the Committee. Since 1995, Rear Adm. (lh) Martin E. Janczak, 0000 peared in the Congressional Record of April when I became ranking Democrat on Rear Adm. (lh) Pierce J. Johnson, 0000 21, 1998 the Banking Committee, Pat has Rear Adm. (lh) Lary L. Poe, 0000 CENTRAL INTELLIGENCE AGENCY worked directly for me. Rear Adm. (lh) Michael R. Scott, 0000 Joan Avalyn Dempsey, of Virginia, to be The first point I want to make about The following named officer for appoint- Deputy Director of Central Intelligence for Pat is that he is a career public serv- ment in the Naval Reserve to the grade indi- Community Management. (New Position) ant. He holds a B.A., Magna Cum cated under title 10, U.S.C., section 12203: STATEMENT ON THE NOMINATION OF PATRICK A. Laude, from Kings College Pennsyl- To be rear admiral MULLOY vania, an M.A. in International Poli- Rear Adm. (lh) Robert F. Birtcil, 0000 Mr. DASCHLE. Mr. President, I tics from Notre Dame where he was a The following named officer for appoint- would like to express my strong sup- University Fellow, a J.D. degree with ment in the United States Navy to the grade port for the nomination of Patrick A. Honors from George Washington Law indicated under title 10, U.S.C., section 624: Mulloy to the position of Assistant School, and an LL.M. from Harvard To be rear admiral Secretary of Commerce for Market Ac- Law School. He began his professional Rear Adm. (lh) Michael W. Shelton, 0000 cess and Compliance in the Inter- career as a Foreign Service Officer in The following named officer for appoint- national Trade Administration (ITA). I the State Department, where he served ment in the United States Navy to the grade believe his many years of experience in from 1965 to 1973. From 1973 to 1977 he indicated while assigned to a position of im- dealing with international trade policy served as a Trial Attorney in the Land portance and responsibility under title 10, issues and his unswerving commitment and Resources Division of the Justice U.S.C., section 601: to public service equip him well for Department, and from 1979 to 1982 he To be admiral this challenge. served as Senior Attorney in the Anti- Vice Adm. Charles S. Abbot, 0000 For over a dozen years, Mr. Mulloy trust Division of the Justice Depart- The following named officer for appoint- has had major responsibility for the de- ment. It was from that position that ment in the United States Navy to the grade velopment of all legislation dealing Pat came to work for the Senate Bank- indicated under title 10, U.S.C., section 624: with international trade and finance in ing Committee. To be rear admiral the Senate Banking Committee. His During his tenure on the Banking Rear Adm. (lh) Jeffrey A. Cook, 0000 expertise spans export administration, Committee, Pat has played a lead role The following named officer for appoint- export promotion, exchange rates, for- in every major international finance ment in the United States Navy to the grade eign investment, international bank- and trade issue the Committee has

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5483 dealt with. These include enactment of 1983. During his time on Capitol Hill, spect of all of the Members of the the International Lending Supervision Mr. Mulloy has worked on most of the Banking Committee, both Democratic Act; amendments to the Foreign Cor- international trade and finance issues and Republican. rupt Practices Act; reauthorization of within the jurisdiction of the Com- Pat Mulloy not only has extensive the Export-Import Bank, the Export mittee on Banking, Housing and Urban legislative expertise with international Administration Act, and the trade pro- Affairs, such as third world debt, inter- economic and trade issues, he also has motion programs of the Commerce De- national economic coordination and considerable economic and inter- partment; and the exchange rate, third exchanges, trade promotion, export national experience in the executive world debt, and foreign investment pro- controls and international banking. branch of the federal government. Be- visions of the Omnibus Trade and Com- I’m confident that Pat Mulloy will fore coming to the Banking Com- petitiveness Act of 1988. He helped serve with distinction as Assistant Sec- mittee, Mr. Mulloy was an attorney draft the Export Enhancement Act of retary for Market Access and Compli- with the Antitrust Division of the Jus- 1992 which established the Trade Pro- ance. As a long-time Counsel for the tice Department, and a foreign service motion Coordinating Committee. He Senate Banking Committee, he has al- officer at the State Department. was intimately involved as a Congres- ready contributed a great deal to much Mr. Mulloy has the background and sional Advisor in the negotiation of the of the legislation that has guided our the kind of good judgement that is so recently concluded agreement on trade trade policies. I know that the Banking needed. The Commerce Department in financial services in the World Trade Committee staff will miss Pat Mulloy, will benefit from his real commitment Organization. but I’m pleased the nation will con- to principle, and dedication to public I can think of no one better prepared tinue to benefit from his excellent service. or suited to serve in the position of As- service at the Department of Com- In closing, Mr. President I would like sistant Secretary of Commerce for merce. to relate a story Mr. Mulloy told the Market Access and Compliance. Pat I urge my Colleagues to approve his Finance Committee during his nomina- brings a deep background and expertise nomination. tion hearing. Mr. Mulloy stated that in international trade and finance. He Mr. BRYAN. Mr. President, the Sen- when he went off to grade school each has served in the executive branch and ate has just confirmed the nomination morning, his mother would put the the Congress, and in both capacities of Patrick A. Mulloy for Assistant Sec- sign of the cross on his head and say has worked closely with private sector retary of Commerce for market access ‘‘Goodbye, good luck, and God Bless business and labor groups affected by and compliance. I strongly support his You, and grow up to be President.’’ trade policies. He also brings a pas- nomination and believe the country While his new position will not take sionate personal commitment to open- will be well served by his appointment. him to the White House, I am sure his ing foreign markets to U.S. exports and When I first came to the Senate, I mother would join us in saying good- expanding job opportunities for Amer- was given a seat on the Senate Bank- bye, good luck, and God Bless You. We ican workers. ing Committee where Pat was a senior wish you well. I encourage all of my Pat is a person of the highest intel- staff member. Pat’s knowledge of the colleagues to support Pat Mulloy’s ligence, integrity, and commitment to rules and procedures of the Senate was nomination. public service. He has been an enor- invaluable to me. Many a Senator has STATEMENT ON THE NOMINATION OF JOAN A. mously effective member of the staff of drawn upon Pat’s expertise and institu- DEMPSEY the Senate Banking Committee, and I tional memory, and he is widely re- Mr. SHELBY. Mr. President, I rise have come to rely with great con- spected on both sides of the aisle. today to commend to my colleagues fidence on his judgment and expertise. Pat is recognized as one of the Sen- the nomination of Joan A. Dempsey, The fact that Senator D’Amato, the ate’s leading experts in international the former Deputy Assistant Secretary Chairman of the Senate Banking Com- trade and finance matters. He has of Defense for Intelligence and Secu- mittee, as well as myself introduced spent countless hours working on rity, and most recently the Director of Pat at his confirmation hearing before international trade agreements that Central Intelligence’s Chief of Staff. the Senate Finance Committee sug- are helping open up foreign markets to Ms. Dempsey is the first nominee for gests the deep professional and per- the U.S. financial services industry. the newly created position of Deputy sonal regard in which he is held by Few people have fought as hard for our Director of Central Intelligence for members of the Senate Banking Com- interests as has Pat. The Senate will Community Management. mittee on both sides of the aisle. Pat sorely miss him. Although Ms. Dempsey was nomi- has my unreserved support for con- The Commerce Department will ben- nated by the President just before the firmation to this important position. efit from Pat’s enthusiasm, intel- Senate adjourned last November, the Mr. ROBB. Mr. President, I would ligence and personal warmth. The Vice Chairman and I have waited to like to take this opportunity to speak country is fortunate to have some with consider the nomination until out- briefly on behalf of a fellow Virginian, Pat’s commitment to public service. I standing issues regarding other posi- Patrick Mulloy, who is the Administra- wish him the best of luck in his new tions created by the Intelligence Au- tion’s nominee for Assistant Secretary endeavor and look forward to con- thorization Act for Fiscal Year 1997 for Market Access and Compliance at tinuing to work with him on important were resolved. the U.S. Department of Commerce. issues facing the country. We have reached an accommodation In this position, Mr. Mulloy will play Ms. MOSELEY-BRAUN. Mr. Presi- with the Director of Central Intel- a critical role in shaping our nation’s dent, I rise today to urge my col- ligence on these other positions, and future. International trade continues leagues to support the nomination of we expect the President to put forward to become increasingly important to Pat Mulloy for the position of Assist- a nominee for the position of Assistant our own economic development and it ant Secretary for Market Access and Director of Central Intelligence (ADCI) is vital that we strive to improve ac- Compliance at the Department of Com- for Administration, soon. We have also cess to overseas markets for American merce. He will be a real asset to the agreed to allow the DCI to fill the posi- businesses. The Assistant Secretary for Department of Commerce. tions of ADCI for Collection and ADCI Market Access and Compliance will Pat Mulloy has been a key member of for Analysis and Production without also play a primary role in strength- the Banking Committee staff for about exercising the Senate’s right for advice ening the overall international trade thirteen years, and he has played a and consent, for up to one year, while and investment position of the United major role in all of the international we assess the new management struc- States. economic and trade legislation acted ture. Mr. Mulloy has worked for many on by the Committee over that period. Ms. Dempsey appeared before the years in the public sector. He served as I and my staff have worked closely Committee in an open hearing on May a foreign service officer at the Depart- with Mr. Mulloy on issues such as the 21, 1998. It is apparent that Ms. ment of State and as an attorney at Export Enhancement Act of 1993, Dempsey is a well qualified career in- the Justice Department’s Antitrust Di- which, among other things, reauthor- telligence professional. The Committee vision before coming to Capitol Hill in ized Eximbank’s charter. He has the re- is confident that she is entirely capable

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5484 CONGRESSIONAL RECORD — SENATE May 22, 1998 of doing a fine job as the Deputy DCI sponsibility for these matters will rest book. You get it from years of experi- for Community Management. on this nominee’s shoulders. The Com- ence and the constant challenges of the The Intelligence Community is fac- mittee believes that she possesses the real world of intelligence. Ms. Dempsey ing a time of revolutionary change knowledge and leadership qualities has that experience and has met those that is driven by the explosion of infor- that this new position will demand. We challenges. mation technology. These rapid look to Ms. Dempsey to assist the DCI Intelligence is an essential element changes in technology must be as- in ensuring that the Intelligence Com- of our national power. Intelligence has sessed, evaluated and quickly inte- munity attains these goals and lives up always had the task of warning our grated into all phases of the intel- to the highest standards of account- policymakers and our military so they ligence cycle. The Community must ability as they work toward them. can deter war. Intelligence is also a also have the flexibility to quickly Mr. President, the Committee has re- force multiplier for our military, par- focus on new and sometimes non-tradi- ported the nomination of Joan A. ticularly now that intelligence rides tional targets. This requirement for Dempsey to be Deputy Director of Cen- and guides America’s smart weapons. flexibility was most recently under- tral Intelligence and we recommend Really complete intelligence coverage scored by the failure to anticipate the that the nomination be confirmed. I provides a sense of American omni- nuclear tests conducted by India. These urge my colleagues to support the rec- science in the minds of our adversaries, events caught the Intelligence Commu- ommendation of the Committee and and this sense alone can have a deter- nity by surprise despite plenty of stra- vote in favor of Ms. Dempsey’s nomina- rent effect. We are sometimes well tegic warning that Indian leaders tion. I yield the floor. short of omniscience, as in the recent planned to revise their nation’s nuclear Mr. KERREY. Mr. President, I stand case of India’s nuclear tests. But policy. I do not agree with those who today to join Chairman SHELBY in pre- knowledge superiority should be our say that ‘‘we weren’t surprised’’ by the senting the nomination of Ms. Joan constant goal, and the position for tests because, in hindsight, they logi- Dempsey to be Deputy Director of Cen- which Ms. Dempsey has been nomi- cally followed from what was being tral Intelligence for Community Man- nated has a central role in achieving it. said publicly. agement. Technology has changed, the threats This was a huge intelligence failure. The President has chosen well. In my have changed, but the requirement for As Zbigniew Brzezinski said in a recent view, there is no one in the country the best intelligence is as acute as editorial: ‘‘India’s nuclear weapons more qualified to be Deputy DCI for ever. I am certain Ms. Dempsey will tests . . . signal a truly consequential Community Management than Joan help us achieve that goal. intelligence scandal.’’ He went on to Dempsey. I recall when Congress cre- STATEMENT ON THE NOMINATION OF FRED say: ‘‘. . . it is the task of the intel- ated these new confirmable positions HOCHBERG ligence community to detect, in a there was concern voiced in some quar- Mr. KERRY. I strongly support the timely fashion, major foreign initia- ters that they would be filled by polit- nomination of Fred Hochberg to be- tives or programs that bear either on ical people rather than by profes- come Deputy Administrator of the American security or affect American sionals. Ms. Dempsey proves the con- Small Business Administration (SBA). foreign policy interests.’’ More pointed cern groundless. In fact, she is the con- The Deputy Administrator oversees the than my own recent criticisms, Mr. summate intelligence professional. She day to day operations of the important Brzezinski concluded that ‘‘the failure has managed a major national intel- financial business education and pro- . . . in the case of India suggests sig- ligence budget. She has brought to- curement assistance programs of the nificant and truly disturbing incom- gether the strands of different intel- SBA to ensure that they are run effi- petence both on the level of collection ligence disciplines to produce finished ciently and effectively. With more than and analysis within the intelligence intelligence to support our military. 20 years of business experience, Fred community.’’ Mr. president, we can de- She has overseen all the national intel- Hochberg is perfectly suited to step bate the nature of the failure, but it ligence agencies which are also combat right in and assist the SBA to refine its was a failure nonetheless. support agencies of the Defense Depart- management structure to insure the Did the Community fail because of ment. She knows this business. SBA is an effective financial institu- the way collection priorities were as- Community management means allo- tion in the next century, capable of and sessed and assigned? Was there too cating resources and work among the dedicated to offering genuine help to much reliance on certain types of in- different agencies in the optimisti- entrepreneurs and small businesses telligence collection and information? cally-titled ‘‘intelligence community,’’ that are the engine of our free enter- Is the ‘‘Intelligence Community’’ act- and then combining the product of dif- prise economy. ing cohesively as a community, or is it ferent agencies and disciplines into a Fred Hochberg has lived the Amer- resisting truly effective integration be- piece of intelligence that helps keep ican dream and will bring that experi- cause of concerns over bureaucratic the country safe. The Director of Cen- ence to the Small Business Administra- turf? Who brokers potential disputes tral Intelligence has the responsibility tion. His parents immigrated from Eu- over such turf and who has the author- to perform this function for national rope at the beginning of this century. ity to arbitrate agreements that are intelligence, and he has a staff to help In 1951, Lillian Vernon, Fred’s mother, honored? These are all very important him do it. Congress has believed for started the Lillian Vernon Company questions and the Intelligence Com- several years that he needed the clout with $2,000 she received from her wed- mittee is seeking answers. of several Presidentially-appointed, ding. With Lillian’s hard work and per- In my view, the issues facing the In- Senatorially-confirmed officials to help sistence the small business grew over telligence Community today are not him execute this management respon- the years. Fred Hochberg joined the solely a function of the level of re- sibility, and today we consider the business after receiving a Masters in sources that are available, even though nominee for the first and most senior Business Administration degree from this is a significant part of the prob- of these positions. Columbia University and has served as lem. The Intelligence Community is Success in this position will require President and Chief Operating Officer. still in many ways reacting to a chang- the full range of management traits, Under Fred Hochberg’s tenure as Presi- ing world and not yet anticipating it. but professional knowledge will prob- dent and with his mother’s help, the The Intelligence Community often dis- ably be the most necessary: knowing Lillian Vernon Company built a sophis- plays the symptoms of an entrenched the strengths and limitations of each ticated international mail order com- and calcified bureaucracy. This, Mr. agency in the community, knowing the pany that today serves more than five President, must change. technologies to improve analysis, pro- million customers. In the final analysis, our Intelligence duction, and dissemination, knowing Fred Hochberg has mastered the agencies are accountable to the Amer- the needs of the many and varied cus- challenges of developing a small busi- ican people for two basic things: (1) to tomers for intelligence, from the Presi- ness into an international corporation. alert them to external threats; and (2) dent right down to the combat pilots He managed the complex transition of to spend their tax dollars efficiently getting briefed for a mission. You don’t a family-run business into a publicly and effectively. A great deal of the re- get this kind of knowledge out of a held corporation. Today, the Lillian

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5485 Vernon Company has 1,400 employees The Treaty is one of a series of mod- I recommend that the Senate give and has annual sales of $250 million. No ern mutual legal assistance treaties early and favorable consideration to one better knows the problems facing being negotiated by the United States the Convention and give its advice and small business today than someone in order to counter criminal activities consent to its ratification. who has been involved in a family- more effectively. The Treaty should be WILLIAM J. CLINTON. owned business for the past 20 years. an effective tool to assist in the pros- THE WHITE HOUSE, May 22, 1998. When Fred Hochberg appeared before ecution of a wide variety of crimes, in- the Senate Small Business Committee cluding terrorism, other violent f earlier this month for his confirmation crimes, drug trafficking, money laun- AUTHORIZING THE FLYING OF hearing, he told the Committee ‘‘I un- dering, and other ‘‘white-collar’’ crime. THE POW/MIA FLAG derstand what American entrepreneurs The Treaty is self-executing. put into their enterprises: the seven- The Treaty provides for a broad Mr. ENZI. Mr. President, I ask unani- day weeks, the hard work and sweat range of cooperation in criminal mat- mous consent that the Senate proceed equity—because that’s where I come ters. Mutual assist÷ance available to the immediate consideration of S. from. I intend to bring these values to under the Treaty includes: locating or Con. Res. 99 submitted earlier today by my work at the SBA.’’ Now he will identifying persons or items; serving Senator LOTT. bring the talent, experience and hard documents; taking testimony or state- The PRESIDING OFFICER. The work to lead the SBA and its wide ments of persons; transferring persons clerk will report. array of programs into the 21st cen- in custody for testimony or other pur- The legislative clerk read as follows: tury. poses; providing documents, records, A concurrent resolution (S. Con. Res. 99) I congratulate the President for this and articles of evidence; executing reauthorizing the flying of the MIA/POW flag. nomination. I thank Chairman BOND quests for searches and seizures; immo- The PRESIDING OFFICER. Is there and Majority Leader LOTT for agreeing bilizing assets; assisting in proceedings objection to the immediate consider- to bring this nomination before the related to forfeiture of assets, restitu- ation of the concurrent resolution? Senate. And I look forward to Fred tion, and criminal fines; and providing There being no objection, the Senate Hochberg’s arrival at the Small Busi- any other assistance consistent with proceeded to consider the concurrent ness Administration where I believe he the laws of the Requested State. resolution. will make a very considerable con- I recommend that the Senate give Mr. ENZI. I ask unanimous consent tribution to the small businesses of our early and favorable consideration to that the concurrent resolution be nation. the Treaty and give its advice and con- agreed to, the motion to reconsider be f sent to ratification. laid upon the table, and that any state- WILLIAM J. CLINTON. ments relating to the resolution appear LEGISLATIVE SESSION THE WHITE HOUSE, May 22, 1998. at this point in the RECORD. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without the previous order, the Senate will now To The Senate of the United States: objection, it is so ordered. return to legislative session. With a view to receiving the advice The concurrent resolution was agreed and consent of the Senate to ratifica- to. f tion, I transmit herewith the Inter- The concurrent resolution (S. Con. REMOVAL OF INJUNCTION OF SE- American Convention for the Protec- Res. 99) reads as follows: tion and Conservation of Sea Turtles, CRECY—TREATY DOCUMENT NOS. S. CON. RES. 99 with Annexes, done at Caracas Decem- 105–47 AND 105–48 Resolved by the Senate (the House of Rep- ber 1, 1996, (the ‘‘Convention’’), which Mr. ENZI. Mr. President, as in execu- resentatives concurring), That, for the purpose was signed by the United States, sub- tive session, I ask unanimous consent of section 1082(b)(1)(B) of the National De- ject to ratification, on December 13, that the injunction of secrecy be re- fense Authorization Act for Fiscal Year 1998, 1996. I also transmit, for the informa- moved in the following treaties trans- the display of the POW/MIA flag at the Cap- tion of the Senate, the report of the itol shall begin at 6:30 p.m. on Sunday, May mitted to the Senate on May 22, 1998, Secretary of State with respect to the 24, 1998. As used in this section, the term by the President of the United States: Convention. ‘‘POW/MIA flag’’ has the same meaning as in No. 1, the Treaty with Czech Repub- All species of sea turtles found in the section 1082 of such Act. lic on Mutual Legal Assistance in SEC. 2. The architect of the Capitol may Western Hemisphere are threatened or Criminal Matters, Treaty Document prescribe regulations with respect to the endangered, some critically so. Be- No. 105–47; first section of this resolution. cause sea turtles migrate extensively, No. 2, the Inter-American Convention effective protection and conservation f on Sea Turtles, Treaty Document of these species requires cooperation Number 105–48. among States within the sea turtles’ ORDERS FOR MONDAY, JUNE 1, I further ask that the treaties be con- migratory range. Although the inter- 1998 sidered as having been read the first national community has banned trade Mr. ENZI. Mr. President, I ask unani- time; that they be referred, with ac- in sea turtles and sea turtle products mous consent that when the Senate companying papers, to the Committee pursuant to the Convention on Inter- completes its business today, it stand on Foreign Relations, and ordered to be national Trade in Endangered Species in adjournment under the provisions of printed; and that the President’s mes- of Wild Fauna and Flora, the Conven- S. Con. Res. 98. sages be printed in the RECORD. tion I am transmitting is the first mul- I further ask that when the Senate The PRESIDING OFFICER. Without tilateral agreement that actually sets reconvenes on Monday, June 1st, im- objection, it is so ordered. standards to protect and conserve sea mediately following the prayer the rou- The messages of the President are as turtles and their habitats. tine requests through the morning follows: In section 609 of Public Law 101–162, hour be granted, and the Senate then To the Senate of the United States: the Congress called for the negotiation begin a period of morning business With a view to receiving the advice of multilateral agreements for the pro- until 2 p.m. with Senators permitted to and consent of the Senate to ratifica- tection and conservation of sea turtles. speak for up to 5 minutes each. tion, I transmit herewith the Treaty In close cooperation with Mexico, the The PRESIDING OFFICER. Without Between the United States of America United States led a 3-year effort to ne- objection, it is so ordered. and the Czech Republic on Mutual gotiate the Convention with other Mr. ENZI. Mr. President, I further Legal Assistance in Criminal Matters, Latin American and Caribbean nations. ask that following morning business signed at Washington on February 4, Once ratified and implemented, the the Senate resume consideration of the 1998. I transmit also, for the informa- Convention will enhance the conserva- Durbin amendment No. 2438 pending to tion of the Senate, the report of the tion of this hemisphere’s sea turtles the tobacco legislation. Department of State with respect to and harmonize standards for their pro- The PRESIDING OFFICER. Without the Treaty. tection. objection, it is so ordered.

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5486 CONGRESSIONAL RECORD — SENATE May 22, 1998 PROGRAM THE GRADE INDICATED IN THE RESERVE OF THE ARMY NATIONAL SCIENCE FOUNDATION UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Mr. ENZI. Mr. President, for the in- RITA R. COLWELL, OF MARYLAND, TO BE DIRECTOR OF To be colonel THE NATIONAL SCIENCE FOUNDATION FOR A TERM OF formation of all Senators, on Monday, GARY J. DUNN, 0000 SIX YEARS. June 1, the Senate will be in a period of PATRICK M. HERMANSON, 0000 WALTER RIVERA, 0000 DEPARTMENT OF COMMERCE morning business until 2 p.m. Fol- MICHAEL C. SULLIVAN, 0000 lowing morning business, the Senate PATRICK A. MULLOY, OF VIRGINIA, TO BE AN ASSIST- IN THE MARINE CORPS ANT SECRETARY OF COMMERCE. will resume consideration of the to- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT bacco legislation, with several amend- THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- APPOINTMENT TO THE GRADE INDICATED IN THE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ments still pending. It is hoped that de- UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CONSTITUTED COMMITTEE OF THE SENATE. bate on those amendments can be dis- SECTION 624: CENTRAL INTELLIGENCE AGENCY posed of in a timely fashion, so that To be major LONNY R. HADDOX, 0000 JOAN AVALYN DEMPSEY, OF VIRGINIA, TO BE DEPUTY other remaining amendments can be DIRECTOR OF CENTRAL INTELLIGENCE FOR COMMUNITY offered and debated. However, no votes THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MANAGEMENT. TO THE GRADE INDICATED IN THE UNITED STATES MA- will occur during Monday’s session of RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: IN THE AIR FORCE the Senate. Any votes ordered with re- To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT spect to amendments, and the cloture IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- STEVEN P. MARTINSON, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE vote on the motion to proceed to the BRENT A. SMITH, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION nuclear waste bill, will be postponed to IN THE NAVY 601: occur on Tuesday, June 2, at a time to THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- To be lieutenant general be determined by the majority leader POINTMENT IN THE GRADE INDICATED IN THE UNITED MAJ. GEN. ROBERT F. RAGGIO, 0000. but not before 6 p.m. STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND 5582: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT For the remainder of the week of To be lieutenant IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- June 1, the Senate may consider nu- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JASON T. BALTIMORE, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION clear waste legislation. CHRISTINA M. BENACCI, 0000 601: Mr. President, I will suggest the ab- FRANK G. BOWMAN, 0000 TERRENCE W. COSTELLO, 0000 To be lieutenant general sence of a quorum. SEAN P. HENSELER, 0000 The PRESIDING OFFICER. The ANGELA S. HOLDER, 0000 MAJ. GEN. DONALD L. PETERSON, 0000. clerk will call the roll. TIMOTHY P. JENNINGS, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ADRIAN J. MARENGO-ROWE, 0000 STATES OFFICER FOR APPOINTMENT IN THE RESERVE The legislative clerk proceeded to ANTHONY J. MAZZEO, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER RYAN MCBRAYER, 0000 TITLE 10, U.S.C., SECTION 12203: call the roll. TALLEY E. MC INTRYE, 0000 Mr. CHAFEE. Mr. President, I ask CHRISTOPHER T. MULLIGAN, 0000 To be brigadier general ANDREW J. OSORNO, 0000 unanimous consent that the order for MEREDITH L. ROBINSON, 0000 COL. DANIEL JAMES, III, 0000. the quorum call be rescinded. DANIEL P. SHANAHAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER (Mr. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: ENZI). Without objection, it is so or- TO THE GRADES INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: dered. To be brigadier general To be captain f COL. LEE P. RODGERS, 0000. DAVID L. GROCHMAL, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ADJOURNMENT UNTIL MONDAY, To be commander STATES OFFICER FOR APPOINTMENT IN THE RESERVE JUNE 1, 1998 OF THE AIR FORCE TO THE GRADE INDICATED UNDER LOREN D. HARTER, 0000 TITLE 10, U.S.C., SECTION 12203: Mr. CHAFEE. Mr. President, if there To be lieutenant commander To be brigadier general is no further business to come before JAMES C. EISENZIMMER, 0000 the Senate, I now ask unanimous con- JOEL D. NEWMAN, 0000 COL. ARCHIE J. BERBERIAN, II, 0000. sent that the Senate stand in adjourn- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES ment under the provisions of S. Con. NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTIONS 12203 THE FOLLOWING ARMY NATIONAL GUARD OF THE Res. 98. AND 12204: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER There being no objection, the Senate, To be captain TITLE 10, U.S.C., SECTION 12203: at 5:27 p.m., adjourned until Monday, RONALD W. HARGRAVES, 0000 To be major general June 1, 1998, at 12 noon. BRUCE S. LAVIN, 0000 JANICE L. WALLI, 0000 BRIG. GEN. ROGER C. SCHULTZ, 0000. f THE FOLLOWING NAMED OFFICER FOR TEMPORARY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NOMINATIONS APPOINTMENT TO THE GRADE INDICATED IN THE IN THE RESERVE OF THE ARMY TO THE GRADES INDI- UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION CATED UNDER TITLE 10, U.S.C., SECTION 12203: Executive nominations received by 5721: To be major general the Senate May 22, 1998: To be lieutenant commander BRIG. GEN. DANIEL C. BALOUGH, 0000. NUCLEAR REGULATORY COMMISSION STEPHEN E. PALMER, 0000 BRIG. GEN. ROGER L. BRAUTIGAN, 0000. BRIG. GEN. THOMAS A. WESSELS, 0000. GRETA JOY DICUS, OF ARKANSAS, TO BE A MEMBER OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE NUCLEAR REGULATORY COMMISSION FOR THE TO THE GRADES INDICATED IN THE UNITED STATES TERM OF FIVE YEARS EXPIRING JUNE 30, 2003. (RE- NAVY UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general APPOINTMENT) To be commander COL. BRUCE A. ADAMS, 0000. UNITED STATES INTERNATIONAL DEVELOPMENT COL. MICHAEL B. BARRETT, 0000. GARY L. MURDOCK, 0000 COL. LOWELL C. DETAMORE, JR., 0000. COOPERATION AGENCY To be lieutenant commander COL. KENNETH D. HERBST, 0000. HUGH Q. PARMER, OF TEXAS, TO BE AN ASSISTANT AD- COL. KENNETH L. PENTTILA, 0000. MINISTRATOR OF THE AGENCY FOR INTERNATIONAL DE- VICTOR M. OTT, 0000 VELOPMENT, VICE M. DOUGLAS STAFFORD, RESIGNED. BRIAN G. WILSON, 0000 IN THE MARINE CORPS NATIONAL FOUNDATION ON THE ARTS AND THE THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE HUMANITIES GERALD BRUCE LEE, OF VIRGINIA, TO BE UNITED INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- JOAN SPECTER, OF PENNSYLVANIA, TO BE A MEMBER STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM OF VIRGINIA VICE JAMES C. CACHERIS, RETIRED. SECTION 601: EXPIRING SEPTEMBER 3, 2002, VICE PATRICIA ANN PATRICIA A. SEITZ, OF FLORIDA, TO BE UNITED BROWN, TERM EXPIRED. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT To be lieutenant general OF FLORIDA VICE STANLEY MARCUS, ELEVATED. DEPARTMENT OF COMMERCE MAJ. GEN. FREDERICK MC CORKLE, 7324. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AWILDA R. MARQUEZ, OF MARYLAND, TO BE ASSIST- f AS ASSISTANT COMMANDANT OF THE MARINE CORPS ANT SECRETARY OF COMMERCE, AND DIRECTOR GEN- AND FOR APPOINTMENT TO THE GRADE INDICATED ERAL OF THE UNITED STATES AND FOREIGN COMMER- UNDER TITLE 10, U.S.C., SECTION 5044: CIAL SERVICE, VICE LAURI FITZ-PEGADO. CONFIRMATIONS DEPARTMENT OF DEFENSE Executive Nominations Confirmed by To be general LOUIS CALDERA, OF CALIFORNIA, TO BE SECRETARY the Senate May 22, 1998: LT. GEN. TERRENCE R. DAKE, 0000. OF THE ARMY, VICE TOGO DENNIS WEST, JR. DEPARTMENT OF EDUCATION IN THE NAVY IN THE ARMY CYRIL KENT MC GUIRE, OF NEW JERSEY, TO BE ASSIST- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ANT SECRETARY FOR EDUCATIONAL RESEARCH AND IM- IN THE NAVAL RESERVE TO THE GRADE INDICATED THE UNITED STATES OFFICERS FOR APPOINTMENT TO PROVEMENT, DEPARTMENT OF EDUCATION. UNDER TITLE 10, U.S.C., SECTION 12203:

VerDate Mar 15 2010 03:24 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 9801 E:\1998SENATE\S22MY8.REC S22MY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 22, 1998 CONGRESSIONAL RECORD — SENATE S5487 To be rear admiral To be rear admiral MARINE CORPS NOMINATION OF GARY F. BAUMANN, WHICH WAS RECEIVED BY THE SENATE AND APPEARED REAR ADM. (LH) MARTIN E. JANCZAK, 0000. REAR ADM. (LH) JEFFREY A. COOK, 0000. IN THE CONGRESSIONAL RECORD OF APRIL 29, 1998. REAR ADM. (LH) PIERCE J. JOHNSON, 0000. MARINE CORPS NOMINATIONS BEGINNING MICHAEL L. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) LARY L. POE, 0000. ANDREWS, AND ENDING ROBERT C. WITTENBERG, WHICH REAR ADM. (LH) MICHAEL R. SCOTT, 0000. IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, 1998. IN THE NAVAL RESERVE TO THE GRADE INDICATED To be vice admiral UNDER TITLE 10, U.S.C., SECTION 12203: MARINE CORPS NOMINATIONS BEGINNING JAMES N. GEORGE P. NANOS, JR., 0000. ADAMS, AND ENDING THOMAS J. ZOHLEN, WHICH NOMI- To be rear admiral NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, REAR ADM. (LH) ROBERT F. BIRTCIL, 0000. AIR FORCE NOMINATIONS BEGINNING PHILLIP M. ARM- 1998. MARINE CORPS NOMINATIONS BEGINNING LOUIS P. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STRONG, AND ENDING * REX A. WILLIAMS, WHICH NOMI- ABRAHAM, AND ENDING MARK G. ZIMMERMAN, WHICH IN THE UNITED STATES NAVY TO THE GRADE INDICATED NATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNDER TITLE 10, U.S.C., SECTION 624: PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, 1998. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, 1998. To be rear admiral IN THE ARMY MARINE CORPS NOMINATIONS BEGINNING RUBEN REAR ADM. (LH) MICHAEL W. SHELTON, 0000. ARMY NOMINATION OF GARY W. KRAHN, WHICH WAS BERNAL, AND ENDING JAMES WERDANN, WHICH NOMINA- RECEIVED BY THE SENATE AND APPEARED IN THE CON- TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GRESSIONAL RECORD OF APRIL 21, 1998. IN THE CONGRESSIONAL RECORD ON APRIL 29, 1998. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING EUGENE N. ACOSTA, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND ENDING CURTIS L. YEAGER, WHICH NOMINATIONS IN THE NAVY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, 1998. NAVY NOMINATIONS BEGINNING MICHAEL D. COBB, To be admiral AND ENDING RAYMOND B. ROLL, WHICH NOMINATIONS IN THE MARINE CORPS WERE RECEIVED BY THE SENATE AND APPEARED IN THE VICE ADM. CHARLES S. ABBOT, 0000. MARINE CORPS NOMINATIONS BEGINNING RICHARD D. CONGRESSIONAL RECORD ON APRIL 21, 1998. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COULTER, AND ENDING KARIM SHIHATA, WHICH NOMINA- NAVY NOMINATION OF DANIEL D. THOMPSON, WHICH IN THE UNITED STATES NAVY TO THE GRADE INDICATED TIONS WERE RECEIVED BY THE SENATE AND APPEARED WAS RECEIVED BY THE SENATE AND APPEARED IN THE UNDER TITLE 10, U.S.C., SECTION 624: IN THE CONGRESSIONAL RECORD ON APRIL 21, 1998. CONGRESSIONAL RECORD OF APRIL 21, 1998.

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