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, TUESDAY, JULY 28, 1998 No. 103 Senate The Senate met at 9:45 a.m., and was the Senate may proceed as a body to move to passage of this legislation, and called to order by the President pro the Rotunda to pay our proper respects then go to an appropriations bill. I tempore (Mr. THURMOND). to the two fallen U.S. Capitol police- yield the floor. men and their families. The Senate f PRAYER will recess again today from 2:45 p.m. RESERVATION OF LEADER TIME The Chaplain, Dr. Lloyd John until 3:45 p.m. so Members may attend Ogilvie, offered the following prayer: the memorial service for these two he- The PRESIDING OFFICER (Mr. Gracious Father, whose mercies are roes. ENZI). Under the previous order, the new every morning, we praise You for With regard to the Senate’s schedule leadership time is reserved. Your faithfulness. We exalt You with a this morning, the Senate will resume f consideration of the credit union bill, rendition of the words of that wonder- with 15 minutes for debate remaining CREDIT UNION MEMBERSHIP ful old hymn, ‘‘Great is Your faithful- on the Shelby amendment regarding ACCESS ACT ness! Great is Your faithfulness! Morn- small business exemptions. At approxi- The PRESIDING OFFICER. Under ing by morning, new mercies we see; all mately 10 a.m; the Senate will proceed the previous order, the Senate will now we have needed Your hand has pro- to vote on, or in relation to, the Shelby resume consideration of H.R. 1151, vided. Great is Your faithfulness, Lord, amendment. Following that vote, it is which the clerk will report. unto us!’’ As we begin this new day, we the hope that the Senate will move The assistant legislative clerk read thank You for Your faithfulness to our quickly to final passage of the credit as follows: Nation throughout history. And one of union legislation. A bill (H.R. 1151) to amend the Federal the ways You express that now is For the remainder of today’s session, Credit Union Act to clarify existing law with through the labors of the women and the Senate may begin consideration of regard to the field of membership of Federal men of this Senate. May they experi- the Treasury appropriations bill, credit unions, to preserve the integrity and ence fresh assurance of Your faithful- health care legislation, or other appro- purpose of Federal credit unions, to enhance ness that will renew their faithfulness priations bills or conference reports as supervisory oversight of insured credit unions, and for other purposes. to be God-centered, God-honoring, God- available and after consultation with guided, God-empowered leaders. the leadership on both sides of the The Senate resumed consideration of In the quiet of this moment, we ask aisle. Therefore, Members should ex- the bill. You to help us experience Your grace pect votes throughout today’s session Pending: in the midst of the grief of this day. We and into the evening as the Senate at- Gramm amendment No. 3336, to strike pro- ask You to be with us as we honor the tempts to complete its work prior to visions requiring credit unions to use the funds of credit union members to serve per- memory of Officers Chestnut and Gib- the August recess. son. Especially, Lord, be with their sons not members of the credit union. (By 44 I want to emphasize something here, yeas to 50 nays (Vote No. 236), Senate failed families and with their fellow officers, too. The plan has been we would spend to table the amendment. that they may know that You are the Friday afternoon on the credit union Shelby amendment No. 3338, with respect Lord of life and eternity. Through our bill, and we would have votes Monday to exempting certain financial institutions Lord and Savior. Amen. afternoon late, and this morning we from the Community Reinvestment Act of f would vote on the Shelby amendment 1977. and go to passage. I understand the AMENDMENT NO. 3338 RECOGNITION OF THE MAJORITY managers are not sure they are ready The PRESIDING OFFICER. Under LEADER to do that, or other people are showing the previous order, there will now be 15 The PRESIDENT pro tempore. The up with amendments. I discourage minutes equally divided prior to a mo- able majority leader, Senator LOTT of amendments. Senators had an oppor- tion to table Shelby amendment No. Mississippi, is recognized. tunity Monday afternoon and Friday 3338. Mr. LOTT. Thank you very much, afternoon to offer amendments, and to Mr. SHELBY addressed the Chair. Mr. President. show up now and say, ‘‘Oh, by the way, The PRESIDING OFFICER. The f I have another amendment,’’ I think, is Chair recognizes the Senator from Ala- not helpful in trying to get done what bama. SCHEDULE we agreed to and move our schedule Mr. SHELBY. Mr. President, does Mr. LOTT. Mr. President, I remind along. this side have 71⁄2 and a half minutes all Senators that we will be recessing Let’s have the final debate on the and the other side 71⁄2 minutes? That is from 11:55 a.m. until 12:15 p.m. so that Shelby amendment and let’s vote and my understanding.

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

S9089

. S9090 CONGRESSIONAL RECORD — SENATE July 28, 1998 The PRESIDING OFFICER. That is mandated credit allocation on to credit fact that we need to do something to correct. unions, which I think is good. help that segment of our community Mr. SHELBY. Mr. President, there If the Senate votes to table the small which is so vital—the community has been a lot said about the amend- bank exemption from CRA, the Senate bank. ment that we have offered to exempt will make a very hypocritical policy Mr. REED. Mr. President, I rise in small banks from the Community Re- statement to the American people, I strong opposition to the Shelby amend- investment Act. A popular mantra is believe, saying, essentially, that we do ment to create a small bank exception that if the small bank exemption not support the expansion of mandated to the Community Reinvestment Act. amendment passes, President Clinton credit allocation and regulatory burden Mr. President, the Community Rein- will veto the bill; therefore, the Senate on credit unions, but, Mr. President, on vestment Act requires financial insti- should not take up this amendment. I the other hand, we do support the man- tutions to meet the credit needs of have also been told this is not the time dated credit allocation and regulatory local communities—including low and or the place to take up an amendment burden on small community banks. moderate income areas—consistent to CRA. But I believe, Mr. President, Now that is not what we call competi- with safe and sound lending practices. that such assertions are not valid. tive equity. Unfortunately, many proponents of H.R. 1151 essentially eliminates the I believe the worst part about this in- the Shelby amendment have argued common bond requirement, allowing consistent policy is that consumers are that this obligation is tantamount to credit unions to serve virtually any the ones who bear the brunt of the cost government mandated credit alloca- and every group now. of the Community Reinvestment Act. tion. Nothing could be further from the In addition, H.R. 1151 explicitly au- The CRA tax on banks only gets passed truth. Neither the Act nor the regula- thorizes credit unions to perform com- on to the consumer. While the inten- tions specify the number of loans, the mercial lending activities. In doing so, tion, Mr. President, of the Community type of loans, or the parties to CRA this Congress is overturning a histori- Reinvestment Act may have been to loans. To the contrary, CRA relies on cal Supreme Court decision and the law help consumers, in practice I believe it market forces and private sector inge- of the land for about 60 years. While ex- hurts them. CRA is bad for consumers. nuity to promote community develop- panding the role of credit unions, we CRA is, I believe, bad public policy. ment lending. This is evidenced by the continue to protect the tax exemption Contrary to what opponents of the tremendous flexibility that financial credit unions now enjoy. amendment would have you believe, institutions have in satisfying CRA. Small community banks, Mr. Presi- the small bank exemption would not For example, loans to nonprofits serv- dent, however, serve the local commu- gut CRA. Banks with less than $250 ing primarily low- and moderate-in- nity but have to compete with the million in assets account for less than come housing needs; loans to financial higher cost of funds, a higher regu- 12 percent of bank assets nationwide. intermediaries such as Community De- latory burden, and of course a consider- This is a vote for small community velopment Financial Institutions; and able tax burden. While we increase the banks in America. I think it is time to loans to local, state, and tribal govern- competitive advantage of small bank do it and the time is now. ments may qualify for CRA coverage. competitors in this bill, we do nothing Mr. D’AMATO addressed the Chair. Moreover, loans to finance environ- to help small banks compete on a more The PRESIDING OFFICER. The mental clean-up or redevelop industrial level playing field. Chair recognizes the Senator from New sites in low- and moderate-income So, Mr. President, for those who sug- York. areas also qualify as CRA loans. gest that this is not the time or the Mr. D’AMATO. Mr. President, let me In addition to lending, CRA is satis- place for this amendment to exempt say that I am deeply appreciative of fied through investments by financial the small banks of America from the the problem that my good friend, the institutions in organizations engaged CRA, I have to disagree. Credit unions senior Senator from Alabama, Senator in affordable housing rehabilitation, are increasing their market share over SHELBY, expresses as it relates to com- and facilities that promote community community banks in small local mar- munity banks. I believe they do need development such as child care centers, kets with higher savings rates and help. Indeed, I think we have to give homeless centers, and soup kitchens. lower lending rates, rates small banks them some tax relief. I think we can These all qualify for CRA coverage. cannot match thanks to the tax and and we should. That is why I have co- Even Federal Reserve Chairman Alan regulatory burdens that constitute the sponsored the Small Business Finan- Greenspan has weighed in on this issue, competitive disadvantage here. The cial Institution Tax Relief Act. I be- arguing: small bank exemption from the Com- lieve Senator SHELBY is also a cospon- The essential purpose of the CRA is to try munity Reinvestment Act has every- sor. And I believe the Presiding Officer to encourage institutions who are not in- thing to do with the competitive eq- is a cosponsor as well. There are other volved in areas where their own self-interest uity we are talking about—leveling the things we can do. in involved, in doing so. If you are indicating playing field between local community I think we have to examine CRA as it to an institution that there is a foregone banks and credit unions. applies to those who have outstanding business opportunity in an area X or loan The President, of course, has the records year after year. Should they be product Y, that is not credit allocation. right to veto a bill if he so chooses. subjected to the same compliance re- That, indeed, is enhancing the market. That is the legislative process. We all quirements or shouldn’t there be some As illustrated by these examples and know that. However, I do not believe way to relieve them of the annual re- Chairman Greenspan’s comments, it is the President would veto this bill if porting process? Shouldn’t there be clear that CRA is a far cry from gov- this amendment were part of it. The more flexibility, if an institution has ernment mandated credit allocation. Senate Banking Committee worked been exemplary for X number of years? To be sure, CRA is predicated on two very hard to draft a responsible bill, Let us discuss that in a different arena simple assumptions that should be and, by and large, I think we did just and let us not put it on this bill. We shared by my colleagues on both sides that. Nevertheless, Mr. President, I be- can work towards a solution on this of the aisle: (1) that a public charter lieve H.R. 1151, the bill before us now, important issue and other relief for for a bank or savings institution con- can be improved. And, to that extent, small banks so they can continue to veys numerous benefits, including de- this is the time and this is the place to compete and serve in communities that posit insurance, and it is fair for the improve the bill. otherwise would be left without. public to ask something in return, and Yesterday, the Senate failed to table So I am sympathetic to the issue of (2) government cannot and should not Senator GRAMM’s amendment to strike CRA. But again, to put it on this bill, provide more than a limited part of the the community-reinvestment-like pro- when the administration said clearly capital required for local housing and visions on credit unions from the bill. I they will veto it, I say, will only undo economic development needs; financial supported that. As a result, it appears all the effort put into preserving credit institutions in our free economic sys- the Senate has chosen to adopt Senator unions and making them safer and tem must play the leading role. GRAMM’s amendment to eliminate the sounder. I urge restraint on the part of In the words of former Comptroller of expansion of regulatory burden and my colleagues, notwithstanding the the Currency Eugene Ludwig, ‘‘CRA is July 28, 1998 CONGRESSIONAL RECORD — SENATE S9091 in many respects a model statute. It embarrassing one-half cent on the dol- leagues in the Senate and the House. I requires no public subsidy, no private lar in home loans. Throughout hear- think we can do a better job ensuring subsidy, and no massive Washington ings on CRA, witnesses from around that small community banks have the bureaucracy.’’ the country recounted similar stories ability to compete. We will address These simple concepts, which are the of lending discrimination. some of the requirements that are embodiment of CRA, are perhaps most While certainly we have come a long placed upon them that preclude them responsible for the significant democ- way since 1977, lending discrimination, from using chapter S corporations in ratization of credit that we have seen unfortunately, persists. In a study pub- the bill Senator ALLARD has intro- over the last 20 years. Since its enact- lished earlier this year by the Fair duced. And while we are at it, we will ment in 1977, CRA has resulted in more Housing Council of Greater Washing- review some of the regulatory require- than $397 billion in loan commitments ton, it was revealed that Washington ments for reporting as required by CRA for low- and moderate-income borrow- area lenders discriminate against two and we will look for ways to diminish ers. In my state of Rhode Island, it has out of five African American and His- the burdens these requirements place been estimated that CRA has resulted panic mortgage applicants. In one inci- on banks that have exemplary CRA in over $61 million in commitments for dent cited in the study, a Rockville records. community development lending since lender advised a black tester that the That would be the absolute priority 1977. lender did not make loans to first-time of this Senator, starting now. We will Mr. President, I fear that the Shelby home buyers. The same lender later begin with holding hearings, and from amendment will significantly under- met with a white tester, also posing as the information we gather, we will mine these advances. This amendment a first-time home buyer, giving the craft and seek the support of legisla- will exempt 86 percent of all banks tester an appointment and encouraging tion. Certainly I think next year we from CRA, thereby doing irreparable him to apply for a mortgage loan. will be able to come forth and pass, in harm to our communities that are in Lending studies by other organizations both Houses, and get signed into law, dire need of investment and oppor- reveal similar findings. These studies the kind of relief that does not jeopard- tunity. The adverse impact on commu- have shown that minority borrowers ize the legitimate use of CRA but, by nity lending will be particularly severe receive fewer bank loans even when the same token, does not compromise in states such as Iowa, Kansas, Min- their financial status is the same as or those institutions that are doing a nesota, Montana, Nebraska, and Okla- better than white borrowers. good job. homa, where 95 percent of all banks are By encouraging lenders to extend I believe my colleagues on the Demo- small and would be exempt from CRA. credit to all communities, CRA has cratic side would join with us in that If communities in these states are not been an important weapon in fighting effort, but not here, not now, without able to turn to their financial institu- lending discrimination. Because the study and careful craftsmanship. tions for rural and community develop- Shelby amendment would exempt 86 Again, I understand the need to make ment lending, to whom will they turn? percent of all banks from its coverage, these reforms. Mr. President, this amendment is un- lenders could find it easier to discrimi- Ms. COLLINS. I thank the Senator necessary. In response to concerns nate in the provision of credit. very much for his assurances. This is a about regulatory burdens voiced by Mr. President, I do not think we want matter of great concern for me. I would small banks, CRA was revised in 1995 to to return to the dark days before CRA, very much like to vote for this amend- provide regulatory relief. The new reg- where access to credit and investment ment, but in view of the fact that the ulations provide a streamlined exam- in our urban and rural communities President has made it very clear he ination process for independent banks was limited for all the wrong reasons. would veto the bill if it were included, and thrifts with assets under $250 mil- Instead, with the movement of assets I, unfortunately, am going to have to lion. In addition, under the new regula- out of the banking system and with in- vote against the amendment. tions, the smallest banks have been ex- creasing industry consolidation, we I thank the Senator. empted from all reporting require- should be seeking ways to expand com- Mr. SARBANES addressed the Chair. ments, and are no longer subject to munity investment, not limit it. For The PRESIDING OFFICER. The process-based documentation require- this reason, I will strongly oppose the Chair recognizes the Senator from ments. Moreover, the actual time spent Shelby amendment, and I encourage Maryland. Mr. SARBANES. Mr. President, when in the smallest banks on CRA examina- my colleagues to do likewise. this debate on the Shelby amendment tions has dropped by 30 percent. Ms. COLLINS. Will the Senator from Following promulgation of the re- New York yield for a question? first began, my colleague from Ala- vised CRA regulations, many small Mr. D’AMATO. I am happy to yield. bama quoted the introductory state- bankers were effusive in their praise of Ms. COLLINS. The Senator from New ment made by former chairman Wil- the reforms. For example, Richard York, the distinguished chairman of liam Proxmire when he introduced the Mount of the Independent Bankers As- the committee, knows I am very sym- CRA legislation. We pointed out at the sociation of America, which represents pathetic to the goals of the amendment time that we thought the Proxmire ra- small banks, indicated, offered by the Senator from Alabama. I tionale still supported his original po- am concerned about the burden that We commend the regulators for instituting sition. a meaningful, streamlined, tiered examina- the CRA imposes on our small commu- I have received a letter from Senator tion system that recognizes the differences nity banks. It is my understanding, Proxmire and he has asked me to read between community banks and their large however, based on the representations it into the RECORD. I will do that now. regional and multinational brethren. The of the chairman and a letter from the DEAR PAUL: I would appreciate your read- new rules should eliminate the paperwork administration, that if this amendment ing this letter into the Congressional Record nightmare of CRA for community banks and is adopted, it will lead to the veto of at the appropriate time during the debate on allow them to concentrate on what they do this legislation, which I strongly sup- the Credit Union bill. best—reinvest in their communities. I am totally opposed to the Shelby amend- port. ment which would exempt small banks from Finally, Mr. President, this amend- So I find myself in a real quandary. I ment will significantly weaken one of the Community Reinvestment Act and take support the amendment of the Senator strong exception to the thrust of his ‘‘Dear our most important tools in preventing from Alabama, yet I strongly support Colleague’’ letter which quotes my remarks lending discrimination. Perhaps be- the underlying bill and do not want to as the author of CRA and the Chairman of cause of its success, many have forgot- jeopardize it being signed into law. the Banking Committee at some length. ten the embarrassing state of lending Could the distinguished chairman Throughout my 32 year career in the Sen- in many urban communities prior to give me assurances that he is willing to ate I championed the cause of the independ- CRA’s enactment. In a Senate Banking work with me, with the Senator from ent small banks of America. In my home Committee hearing in 1977, a study of state of Wisconsin they represented an im- Alabama, and others who are con- portant constituency. As Chairman of the six banks was presented which showed cerned about easing this burden on our Banking Committee from 1975–1980 and 1987– that these banks, which held $144 mil- small banks? 1989 and a member of the Committee from lion in deposits from low-income and Mr. D’AMATO. I not only give that 1957–1989 no one fought harder to protect minority communities, returned an assurance to you, but to all of my col- their interests. S9092 CONGRESSIONAL RECORD — SENATE July 28, 1998 I count the enactment of CRA as one of the they do it anyway. If you have a meet- Inouye Lieberman Santorum achievements of which I am most proud. I in- ing with your bankers in your State, Jeffords Lugar Sarbanes troduced CRA in 1977 because banks receive Johnson Mikulski Smith (OR) particularly your small bankers, they Kennedy Moseley-Braun Snowe significant public benefits, such as federal will tell you the Community Reinvest- Kerrey Moynihan Specter deposit insurance and access to the Federal ment Act is one of the most bureau- Kerry Murray Stevens Reserve Board’s discount window. In turn, Kohl Reed Torricelli banks have an obligation to help meet the cratic messes they deal with. They Landrieu Reid Warner credit needs of the localities they are char- really don’t have to have the Federal Lautenberg Robb Wellstone tered to serve. This obligation should apply Government to tell them to invest in Leahy Rockefeller Wyden to all banks, large and small alike, all of their own community. So now we are Levin Roth whom receive significant public benefits. going to say we will exempt credit NAYS—39 I regret that the statement I made on the unions from the CRA, but we will not Abraham Frist Lott Senate floor in 1977 introducing the Commu- Allard Gorton Mack nity Reinvestment Act is being used to un- exempt small banks? That is not fair. That is not equitable. Ashcroft Gramm McCain dermine the purpose for which I introduced Bennett Grams McConnell the legislation. Senator SHELBY’s amendment would Brownback Grassley Murkowski Sincerely, correct that for the small banks. I Burns Gregg Nickles WILLIAM PROXMIRE, U.S.S. compliment him for doing it. I think Coats Hagel Roberts (Retired—D–Wis.) Cochran Hatch Sessions now is the time to do it. We are going Coverdell Hutchinson Shelby That is Senator Proxmire’s direct re- to create greater inequities between Craig Hutchison Smith (NH) sponse to the effort to use his state- credit unions and banks; I don’t think DeWine Inhofe Thomas Enzi Kempthorne Thompson ment to, in effect, undermine support that is fair. So Senator SHELBY’s Faircloth Kyl Thurmond for the CRA. amendment would at least provide re- Mr. President, what is the time situ- lief for small banks. That is the right NOT VOTING—2 ation? thing to do. It is the timely thing to Harkin Helms The PRESIDING OFFICER. The Sen- do. The motion to lay on the table the ator from Maryland has 46 seconds re- The fact that the President says he amendment (No. 3338) was agreed to. maining. might veto—if we pass this by an over- Mr. D’AMATO. Mr. President, I move Mr. SARBANES. Mr. President, very whelming vote, and if we have the to reconsider the vote. quickly, let me just say to my col- Shelby amendment, it would be passed leagues that this legislation is not an Mr. SARBANES. I move to lay that overwhelmingly, it would be adopted motion on the table. allocation of credit. Larry Lindsey has by the House, and I think the President said, and I quote him, former member The motion to lay on the table was would see the wisdom of signing the agreed to. of the Federal Reserve: bill as amended with the Shelby Many [institutions] now recognize in an amendment. AMENDMENT NO. 3336 era of growing competition, CRA perform- I thank my colleague from Alabama. The PRESIDING OFFICER. The ance may be critical to an institution’s abil- Mr. D’AMATO. Mr. President, I un- question occurs on the Gramm amend- ity to adjust to the new banking environ- derstand my colleague, the Senator ment. ment. CRA-related activities can help to de- The Senator from Maryland. velop new markets, potentially profitable from Alabama, has yielded back the business and improve a bank’s public image. time. Mr. SARBANES. Mr. President, we had a tabling motion on this yesterday. Federal Reserve Chairman Alan The PRESIDING OFFICER (Mr. I am prepared to take it on a voice Greenspan stated: SANTORUM). All time has expired. Mr. D’AMATO. I move to table the vote, but I understand there may be The essential purpose of the CRA is to try some colleagues either who didn’t vote to encourage institutions who are not in- amendment and I ask for the yeas and volved in areas where their own self-interest nays. who weren’t here to vote yesterday or is involved in doing so. If you are indicating The PRESIDING OFFICER. Is there a others who may want a rollcall vote. to an institution that there is a foregone sufficient second? There is a sufficient We can have a rollcall vote at this business opportunity in an area X or loan second. point on the Gramm amendment, as I product Y, that is not credit allocation. The yeas and nays were ordered. understand it. That, indeed, is enhancing the market. The PRESIDING OFFICER. The Mr. LOTT. Mr. President, will the Let’s continue to enhance the mar- question is on agreeing to the motion Senator yield? ket by supporting CRA and rejecting to table the Shelby amendment. The Mr. President, I believe that vote was this amendment. yeas and nays have been ordered. The 59—what was the vote? The PRESIDING OFFICER. All time clerk will call the roll. The PRESIDING OFFICER. The mo- has expired. The Senator from Ala- The assistant legislative clerk called tion to table was defeated 44 to 50. bama has 2 minutes 12 seconds remain- the roll. Mr. LOTT. If we could avoid a vote ing. Mr. NICKLES. I announce that the and go on to final passage, I wish we Mr. SHELBY. I yield the remaining Senator from North Carolina (Mr. could do that. time to the distinguished Senator from HELMS), is absent because of illness. Mr. President, I ask that we pass the Oklahoma, the assistant majority lead- I further announce that, if present Gramm amendment on a voice vote. er. and voting, the Senator from North Mr. NICKLES. Mr. President, first, I The PRESIDING OFFICER. Is there Carolina (Mr. HELMS) would vote ‘‘no.’’ objection? compliment my colleague from Ala- Mr. FORD. I announce that the Sen- bama for bringing this amendment be- Mr. BYRD. Mr. President, reserving ator from Iowa (Mr. HARKIN) is absent the right to object—I shall not object— cause it is a really good, commonsense due to a death in family. amendment. I don’t like to have voice votes by I further announce that, if present unanimous consent. I don’t believe we I might mention to our colleagues, and voting, the Senator from Iowa (Mr. yesterday we voted to exempt credit should do that, but we can have a voice HARKIN) would vote ‘‘aye.’’ unions from the Community Reinvest- vote. The result was announced—yeas 59, The PRESIDING OFFICER. The ment Act. Most of us support that nays 39, as follows: amendment. I supported that amend- question is on agreeing to the Gramm [Rollcall Vote No. 238 Leg.] ment. I mentioned to somebody that amendment. said I am not sure we should do that YEAS—59 The amendment (No. 3336) was agreed because banks have to comply, and I Akaka Byrd Domenici to. Baucus Campbell Dorgan Mr. GRAMM. Mr. President, I move said we have the Shelby amendment Biden Chafee Durbin that will at least exempt small banks. Bingaman Cleland Feingold to reconsider the vote. Most of my banks in the State of Bond Collins Feinstein Mr. D’AMATO. I move to lay that Oklahoma are small banks. They don’t Boxer Conrad Ford motion on the table. Breaux D’Amato Glenn need the Federal Government to tell Bryan Daschle Graham The motion to lay on the table was them to invest in their community— Bumpers Dodd Hollings agreed to. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9093 AMENDMENT NO. 3339 plementing this section, the Board shall con- take all the rights of a for-profit finan- (Purpose: To amend the bill with respect to sult and seek to work cooperatively with cial institution. review of regulations and paperwork reduc- State officials having jurisdiction over In conclusion, Mr. President, I want tions, consultation with State supervisory State-chartered insured credit unions.’’. credit union members in the Common- agencies, and the field of membership ex- On page 92, strike line 7 and all that fol- lows through page 93, line 15, and insert the wealth of Virginia to know that I am a ception for underserved areas, and to re- strong supporter of their institutions quire a study by the Secretary of the following: Treasury of member business lending) SEC. 402. UPDATE ON REVIEW OF REGULATIONS and their rights of membership. As a Mr. D’AMATO. Mr. President, I AND PAPERWORK REDUCTIONS. credit union member myself, I will con- Not later than 1 year after the date of en- tinue to preserve membership opportu- would like to send to the desk a man- actment of this Act, the Federal banking agers’ amendment that has been ap- nities in these important institutions. agencies shall submit a report to the Con- Mr. GRASSLEY. Mr. President, I proved by both sides and ask for its im- gress detailing their progress in carrying out would like to say a few words about the mediate consideration. section 303(a) of the Riegle Community De- Community Reinvestment Act or The PRESIDING OFFICER. The velopment and Regulatory Improvement Act clerk will report. of 1994, since their submission of the report ‘‘CRA’’ as it is commonly known. The The assistant legislative clerk read dated September 23, 1996, as required by sec- CRA requires banks to extend loans as follows: tion 303(a)(4) of that Act. and credit to low- and moderate-in- come Americans who reside in low-in- The Senator from New York [Mr. Mr. D’AMATO. Mr. President, I urge D’AMATO], for himself and Mr. SARBANES, adoption of the amendment. come areas. proposes an amendment numbered 3339. The PRESIDING OFFICER. The Obviously, as we can tell by the tone of the debate in the Senate today, Mr. D’AMATO. Mr. President, I ask question is on agreeing to the amend- there are strong feelings about whether unanimous consent that reading of the ment. it’s a good idea for the Federal Govern- amendment be dispensed with. The amendment (No. 3339) was agreed The PRESIDING OFFICER. Without to. ment to require that credit be extended objection, it is so ordered. Mr. ROBB. Mr. President, I rise to people of modest means since these The amendment is as follows: today in support of H.R. 1151, the Cred- people may not be good credit risks. I it Union Membership Access Act. I do would like to focus on some of the com- On page 40, strike lines 6 through 11, and insert the following: so because I believe that the legisla- ments of those who support the CRA. ‘‘(i) is an ‘investment area’, as defined in tion is necessary to preserve member- They claim that credit should be as section 103(16) of the Community Develop- ship opportunities in these financial widely available as possible. The sup- ment Banking and Financial Institutions cooperatives. Given the Supreme Court porters of the CRA argue that requir- Act of 1994 (12 U.S.C. 4703(16)), and meets ruling limiting membership, it is both ing banks to open up credit is good for such additional requirements as the Board appropriate and necessary for Congress low- and moderate-income people. It may impose; and to pass this legislation to ensure that gives these people the opportunity to On page 54, line 8, insert ‘‘(a) IN GEN- the requirements for membership in a purchase a home, pay for college or ERAL.—’’ before ‘‘The’’. On page 57, between lines 16 and 17, insert specific credit union reflect current better their lives in important ways. the following: practices. On last Friday—July 24th—several (b) STUDY AND REPORT.— As my colleagues know, since 1982, Senators took to the floor to talk (1) STUDY.—The Secretary shall conduct a credit unions have been able to take in about the value of making credit as study of member business lending by insured new groups of members outside their widely available as possible. For in- credit unions, including— original common bond provided that stance, Senator KENNEDY said ‘‘In this (A) an examination of member business the additional groups brought in period of sustained economic growth, it lending over $500,000 and under $50,000, and a breakdown of the types and sizes of busi- shared a common bond. Not only was is vital that all families have the op- nesses that receive member business loans; this done for safety and soundness con- portunity to obtain credit in order to (B) a review of the effectiveness and en- cerns, but it also has helped individuals buy a home, start a small business or forcement of regulations applicable to in- maintain their credit union ties send a child to college.’’ Senator KEN- sured credit union member business lending; through base closings and other em- NEDY went on to observe that ‘‘There is (C) whether member business lending by ployment changes. no capitalism without capital.’’ These insured credit unions could affect the safety The bill before us today guarantees are strong words in favor of making and soundness of insured credit unions or the that no existing member will be forced credit widely available. National Credit Union Share Insurance to give up his or her ties to their cur- It will be interesting, Mr. President, Fund; (D) the extent to which member business rent credit union as a result of the Su- to see if the supporters of the CRA lending by insured credit unions helps to preme Court decision. It also allows take the same position when my bank- meet financial services needs of low- and credit unions to continue to attract ruptcy reform bill comes to the Senate moderate-income individuals within the field new members who are part of an exist- floor in September. There is a fringe of membership of insured credit unions; ing membership group as well as new element which opposes all bankruptcy (E) whether insured credit unions that en- groups provided that the new group has reform who wish to derail this legisla- gage in member business lending have a a common bond of occupation or asso- tion, which passed the Judiciary Com- competitive advantage over other insured ciation and has less than 3,000 members mittee by a vote of 16 to 2. One part of depository institutions, and if any such ad- vantage could affect the viability and profit- at the time they join the credit union. the effort to stop bankruptcy reform ability of such other insured depository in- This effectively covers 98% of all busi- involves criticizing banks which send stitutions; and nesses in America. out a lot of credit card solicitations. (F) the effect of enactment of this Act on I for one have never quarreled with The argument is apparently that the the number of insured credit unions involved the need for credit unions to continue banks have made too many risky loans in member business lending and the overall to attract new members. But with new and that Congress should restrict these amount of commercial lending. opportunities come new responsibil- lending practices. I’ve heard that bank- (2) NCUA COOPERATION.—The National ities. If credit unions are to have all ruptcy reform which doesn’t include Credit Union Administration shall, upon re- the rights of a for-profit financial insti- quest, provide such information as the Sec- such restrictions wouldn’t be fair or retary may require to conduct the study re- tution, equity requires that they share balanced. quired under paragraph (1). in their responsibilities. For this rea- Mr. President, I find it interesting (3) REPORT.—Not later than 12 months son, I voted to keep the community re- that many of those who support the after the date of enactment of this Act, the investment responsibilities in the bill CRA, which requires banks to make Secretary shall submit a report to the Con- and I also voted to further limit com- risky loans to low-income Americans, gress on the results of the study conducted mercial lending activities of credit are also arguing that we should punish under paragraph (1). unions, hoping thereby to keep them to banks for issuing credit cards to low- On page 57, line 16, strike the quotation marks and the final period and insert the fol- their original focus of consumer lend- and moderate-income Americans. It lowing: ing. In my view, the continuation of seems to me that the opponents of ‘‘(e) CONSULTATION AND COOPERATION WITH their tax-exempt status is threatened bankruptcy reform can’t have it both STATE CREDIT UNION SUPERVISORS.—In im- by efforts to have credit unions under- ways. It’s totally inconsistent to push S9094 CONGRESSIONAL RECORD — SENATE July 28, 1998 banks to make risky loans to poorer allow small groups that share a com- credit unions are nonprofit entities Americans, as the CRA would have it, mon bond to join credit unions, but that provide much needed opportuni- but then to oppose bankruptcy reform this legislation will improve credit ties for hard-working people. To mil- because banks have issued too many unions by strengthening regulations to lions of Americans, the low-interest loans to poorer Americans. ensure safety and soundness of credit loans that credit unions offer represent I wanted to point out this striking unions and to strengthen the credit the opportunity to buy their first contradiction today, Mr. President, union deposit insurance fund. home, the chance to purchase a much while we’re considering lending prac- I also want to praise the ‘‘common needed automobile, the ability to send tices and the CRA and while the mem- sense’’ reforms that are included in their children to college, or achieving ory of the debate is fresh in our minds. this legislation, such as the use of Gen- the dream of starting their own busi- I will return to this topic later, when erally Accepted Accounting Principles ness. For example, in my home State of the bankruptcy bill is on the floor. in credit union reports filed with the New Jersey, there are over 315 credit Ms. MIKULSKI. Mr. President, I rise National Credit Union Administration, unions that serve more than 1.1 million today to support the Credit Union Independent Audits of Credit Unions people. Membership Access Act of 1998. This with more than $500 million in assets, Passage of this credit union legisla- legislation will clearly define who is el- and restrictions on the compensation tion demonstrates a commitment by igible to join a credit union. It will also packages of senior managers in credit the U.S. Senate to millions of hard- provide important safeguards and re- unions that convert to for-profit banks. working American families. Support- forms to keep our credit unions strong Finally, Mr. President, I want to ing credit unions means bolstering our and to protect our constituents who send my thanks to the 1.6 million cred- economy and providing more financial use credit unions. it union members in Maryland. I am opportunities to save and invest sound- One of my priorities for Maryland is proud of them and the work they do ly. to maintain Maryland’s robust econ- every day. I urge my colleagues to sup- Mr. President, I urge my colleagues omy. Credit unions offer an important port this bill and to support their local to support credit unions by voting in alternative to consumers in the finan- credit unions. favor of H.R. 1151. cial services market. Keeping financial Mr. CHAFEE. Mr. President, I would Mrs. MURRAY. Mr. President, I rise services competitive and keeping fees like to clarify a point that was raised to state my strong support for the Sen- down will help to keep Maryland’s on the floor yesterday concerning an ate version of H.R. 1151. This legisla- economy strong. unfortunate event that occurred in my tion is important, bipartisan and I am pleased that the Senate is fi- home State of Rhode Island almost a should be adopted unanimously by my nally taking up this legislation almost decade ago: the failure of the Rhode Is- Senate colleagues. I commend the four months after it was passed over- land Share Deposit Insurance Corpora- members of the Banking Committee, whelmingly by the House. I am pleased tion (RISDIC). Some Senators have where I served for four years, for because I know how important credit suggested that the failure of RISDIC crafting this legislation and moving it unions are for Maryland and the Na- was triggered by credit unions getting to the floor for full Senate consider- tion. In fact, I helped to start a credit overly involved in business lending. ation. union at a church in Baltimore. That is not entirely accurate. I will vote for the Credit Union Mem- Credit unions are important because The credit unions did not trigger the bership Access Act. It is the right they provide good value and good serv- RISDIC crisis. Instead, the collapse of thing to do and the Senate is overdue ice in a community setting. A setting the system can be traced to a substan- in taking this action. This legislation where the person behind the counter tial embezzlement from the Heritage clarifies credit union membership in a knows your name not just your ac- Loan and Investment Corporation, a manner that protects consumers and count number. In the current era of type of state-chartered bank. In fact, of the competitive financial services in- mega-mergers in the financial services all the credit unions that were closed dustry. In the Senate bill, existing industry, credit unions are needed in Rhode Island during that crisis, credit union members are grand-fa- more than ever. none was federally insured and none thered into their current credit unions Credit unions are a part of our com- was either supervised or examined by and new common bond criteria are es- munities. I have heard from many of federal regulators. Indeed, during that tablished for future growth in the cred- my constituents in Maryland about entire period of the so-called credit it union industry. this legislation. They have written let- union crisis, those credit unions that Mr. President, the credit union legis- ters, sent e-mail, and visited my office, were chartered, insured, supervised, lation is widely supported by consumer all to express their support for their and regulated by the federal govern- rights organizations including the Con- credit unions. I have heard from Mary- ment continued to perform flawlessly, sumer Federation of America and the landers who are members of credit despite the disastrous economic tur- American Association of Retired Per- unions from the Allegany County moil around them. sons. Other key supporters of this leg- Teachers Credit Union in LaVale to the So I just want to say again that the islation include the National Farmers Douglas Memorial Credit Union in Bal- RISDIC crisis was not caused by credit Union, the National Rural Electric Co- timore to the Choptank Electric Coop- unions. Rather, the credit unions were operative Association, the National As- erative Credit Union in Denton. They the unfortunate victims of a crisis sociation of Counties, the Fraternal love their credit unions because they brought about by embezzlement from a Order of Police and the American know their credit unions deliver. bank. Small Business Association. Perhaps I have also heard from members of Mr. TORRICELLI. Mr. President, most noteworthy to me is the strong the Maryland banking community today I rise in support of H.R. 1151. support of my constituents for this leg- about their concerns with this legisla- Credit unions have been, and remain, a islation. Thousands and thousands of tion. Although I can appreciate their vital component of our national bank- credit union members have contacted reservations, I believe many of their ing system. At a time when credit me, hundreds have visited my office concerns are addressed in this com- unions serve more than 74 million peo- with personal credit union anecdotes, promise legislation. However, on one ple nationally, any initiative that and numerous others have approached significant point I disagree with them. would impede the ability of credit me on my travels through Washington Credit unions should not pay taxes be- unions to provide services to their state. This issue has resonated with my cause credit unions are non-profits. members, would seriously undermine constituents who value and want to The credit union slogan is ‘‘not for the financial well-being of the public, preserve and protect credit unions and profit, not for charity, but for service.’’ and the fortitude of our financial in- the services they provide. I applaud that slogan and I stand with dustry. That is why today’s action is so Importantly, with the August recess the credit unions today. important to the future of the credit approaching and the 105th Congress There are several provisions in this union industry. soon to adjourn, we still have time to legislation that I feel deserve to be Despite the claims by opponents of get this legislation to President Clin- noted. Not only will this legislation credit unions that state otherwise, ton for his signature. That must be the July 28, 1998 CONGRESSIONAL RECORD — SENATE S9095 Senate’s objective today; to get this able credit, to pool their savings to act will help insure that 62 million legislation to President Clinton so that make credit available to themselves Americans who own, operate or are em- we may address the field of member- and their fellow credit union members ployed by a small business will not be ship situation created by last Feb- at competitive interest rates. In 1934, limited in their choice of financial in- ruary’s Supreme Court decision. the Federal Credit Union Act created stitutions in the future. The Senate did make a number of im- the federal credit union charter. Today The purpose of credit unions—and for portant changes to the House passed in Massachusetts, there are 317 Credit the tax exemption they receive—is to bill. For example, the Senate version of Unions serving approximately 1.7 mil- facilitate loans and other services to credit union legislation includes new lion people. low-income communities, individuals, provisions to protect the soundness of Since 1934, credit unions have been and very small businesses. They were credit unions, new capital standards helping both individuals and working never intended to be simply alter- and prompt corrective action for families. They have helped launch and native, tax-exempt commercial banks. undercapitalized institutions, limita- sustain small businesses. Some of them I have heard from a number of com- tions on commercial lending, new ac- have played an important role in the munity banks in Massachusetts that counting and auditing procedures, and development and revitalization of eco- believe credit unions which offer busi- community reinvestment require- nomically distressed communities. ness loans have a substantial advan- ments. Historic mergers, consolidations and tage over banks because of their tax While I support the Senate Banking acquisitions have taken place in the fi- exemption. Most credit unions are not Committee’s efforts to improve the nancial service industry in recent involved in business lending and most House adopted bill, the field of mem- years. Consumers have less choice, not of those who are focus on assisting bership issue is really what this bill is more. Simultaneously, the Supreme very small businesses. However, some all about. The Senate should not lose Court earlier this year decided a case community banks believe that a small sight of this objective and certainly, pertaining to how widely credit unions minority of credit unions that are in- the Senate should not let additional may reach for membership. These fac- volved in business lending has taken issues imperil this bill. Therefore, I tors have created a necessity for the advantage of the current rules and ex- will vote against the amendments to Congress to consider carefully the role panded their product lines to the point this bill; some of which have been de- credit unions should play in the mix of that they are banks in all but name. scribed as killer amendments, and oth- financial institutions in our nation. I am also concerned about the lack of ers that will complicate final passage Federal credit unions have tradition- available information on the details of of this bill. ally had ‘‘fields of membership’’ de- credit union business lending. The Na- I urge prompt passage of the credit fined by ‘‘common bond’’ of associa- tional Credit Union Administration union legislation. tion, occupation or geographic loca- does not have accurate information on Mr. MCCAIN. Mr. President, as a tion. In 1982, the National Credit Union the size or types of business loans made strong supporter of the credit union in- Administration developed regulations by credit unions. dustry, I rise to express my support for that allowed credit unions to be com- That is why I successfully included in H.R. 1151, the Credit Union Membership posed of multiple unrelated employer this legislation an amendment requir- Access Act, on which the Senate will groups, each having its own distinct ing the Department of Treasury to vote today. common bond of occupation. In Feb- study the issue of credit union business As my colleagues are aware, this bill ruary, the Supreme Court ruled that lending. This study would include an was overwhelmingly passed in the this NCUA regulation interpreted the overall examination of credit union House of Representatives by a vote of law so broadly that it would be permis- member business lending including the 411–8. I anticipate that the support for sible to grant a charter to a conglom- amount of business lending more than this bill in the Senate will reflect that erate credit union whose members $500,000 and less than $50,000, and a of the House of Representatives, and would include employees of every com- breakdown of what types of businesses will again pass with a notable biparti- pany in the United States. Without the and the size of businesses that receive san majority. passage of the Credit Union Member- loans. It would determine how much Mr. President, this issue came to the ship Access Act, some credit unions credit union business lending goes to forefront when the Supreme Court could be forced to expel current mem- low- and moderate-income areas and agreed to hear the Credit Union’s argu- bers not affiliated with the original oc- the extent to which credit union mem- ments for increasing the size of their cupation group. ber business lending meets the finan- base membership. While I understand I believe that the members of all cur- cial services needs low- and moderate- the objections which the banks raised rent multiple-group credit unions income individuals. Finally, it would regarding the growth of credit unions, should be allowed to continue in the determine whether credit unions which I have always believed that consumers credit unions they have chosen. It is engage in member business lending should have the broadest range of vital to maintain the current credit have an advantage over community choices in financial services. union model as a key piece of the fi- banks and if those advantages affect I support the Credit Union Member- nancial services system and credit the survival and profitability of com- ship Access Act because I believe that unions must be permitted to prospect munity banks. I am grateful to Chair- members on both sides of the aisle have for members sufficiently to maintain man D’AMATO and Democratic Ranking worked hard to ensure that this bill is their viability. Dislocating approxi- Member SARBANES for including this fair and balanced and protects both the mately 10 million credit union mem- study in the credit union legislation. rights and securities of consumers. bers not affiliated with their credit I remain concerned as to how this Mr. KERRY. Mr. President, I would union’s original occupation group legislation will affect the smaller com- like to take this opportunity to offer could potentially have serious effects munity banks in Massachusetts and my congratulations to Chairman on the safety and soundness of credit across the nation. That is why I D’AMATO and Democratic Ranking unions in Massachusetts, and across worked to include in this legislation a Member SARBANES for their fine work the nation. study on legislative and administrative on the Credit Union Membership Ac- This legislation establishes that sep- action to reduce and simplify the tax cess Act and for successfully complet- arate groups having their own common burden for community banks with less ing this work on this important bill bond of occupation or association that than one billion dollars in assets. today. Working families in the United have less than 3,000 members are eligi- I strongly support the requirement States, whether they live in urban or ble to join an existing credit union. It that credit unions must hold seven per- rural areas, deserve access to fairly assures that 10 million Americans have cent of net worth in retained earnings priced credit and other financial serv- continued access to their credit union. to be considered well-capitalized. If a ices. It will allow another 25 million the credit union is critically undercapital- Credit unions have historically right to join a credit union as a result ized, this legislation allows the NCUA served as a way for people of average of their employment within a certain to appoint a conservator or liquidating means, without easy access to afford- company or organization. Finally, this agent to take action to avoid losses to S9096 CONGRESSIONAL RECORD — SENATE July 28, 1998 the National Credit Share Insurance The challenges community develop- Mr. D’AMATO. Mr. President, I rise Fund. This will limit the use of tax- ment credit unions face from credit to make a few closing remarks on a job payer funds to assist insolvent credit risk and low returns are exacerbated we are close to finishing—to preserve unions, and insure the credit union sys- because communities served by com- and protect the right of all Americans tem remains safe and sound. In addi- munity development credit unions are to join a credit union, now and into the tion, I heartily endorse the section of especially vulnerable to economic future, and ensure that none of the 73 this legislation that requires prompt downturns. Unemployment rates in million Americans who are now mem- corrective action for credit unions fac- such communities are typically two or bers of credit unions have their mem- ing financial difficulty. three times the national average. Un- bership status threatened in any way. I am disappointed that the provision employment in low-income commu- CREDIT UNIONS WORK FOR THE LITTLE GUY to require the NCUA to evaluate annu- nities is slow to decline as the economy People love their credit unions and ally the record of credit unions in improves, and quick to worsen when why? Because credit unions take care meeting the credit needs of their local the economy deteriorates. communities and low- and moderate- of the little guy. This Senator is com- Despite these challenges, most com- mitted to not let these people down. income individuals was taken out of munity development credit unions the bill. I believe that this provision We must pass this legislation and have today are quite strong and have capital it enacted to preserve the right of would have assisted credit unions in re- ratios similar to those of other credit focusing their energies toward those Americans to be members of a credit unions. And the changes brought about union. who need access to financial services by new capital requirements and the most. These are the people who CREDIT UNIONS INVEST IN PEOPLE AND prompt corrective action will ulti- COMMUNITIES WHEN OTHERS WILL NOT credit unions were designed to serve. mately strengthen all community de- While not perfect, this legislation For decades, the American dream has velopment credit unions. will ensure that credit unions continue been made a reality by credit unions. Does the Senator agree that this is a to offer needed financial services to un- These cooperatives have reached out to fair description of the challenges fac- derserved, low- and moderate-income individuals, associations and commu- ing community development credit working families. This is a worthwhile nities that have had the door slammed unions? compromise that I believe is basically in their faces by other institutions. Mr. D’AMATO. Yes. I think that the fair to both credit unions and banks, as Tens of millions of hard working people Senator has set forth a good analysis of well as their customers. I will join my have improved their quality of life and the challenges community develop- colleagues in supporting this impor- passed the benefits along to their fami- ment credit unions face. tant legislation. lies, but all of that could change if we Mr. SARBANES. The bill gives all Mr. SARBANES. There is a special don’t act. credit unions two years before these class of credit unions—known as com- CREDIT UNIONS PROVIDE BASIC FINANCIAL munity development credit unions— provisions become effective. Because of their mission and the special charac- SERVICES WITHOUT EXCESSIVE FEES that bear special mention. Community Mr. President, I know this is a very development credit unions serve con- teristics that arise from that mission, some community development credit personal issue, a pocketbook issue, for sumers, neighborhoods, and rural areas the over 70 million current members. that are predominantly low-income. unions may have unique difficulties in becoming and remaining adequately For example, many people may not be Because of their special mission and aware that— circumstances, some community devel- capitalized. Accordingly, some commu- nity development credit unions may Credit unions have had the highest opment credit unions may have dif- customer service and satisfaction rank- ficulty in generating capital. need more time than most other credit unions to build capital in order to com- ing of any depository institution for On the deposit side, community de- the past 14 years. velopment credit unions have high op- ply with the legislation’s new capital standards and prompt corrective action Credit unions offer more services at erating costs because they serve an ex- lower costs than most banks. tremely labor-intensive market of very provisions. Does the Senator agree? Mr. D’AMATO. Yes, it is possible Credit union competition is a major low-balance depositors. The average force keeping bank service fees and depositor in a community development that some community development credit unions may require added time loan rates lower, and interest on sav- credit union has $1,462, which is one- ings higher. third the $4,300 of the average depositor to increase their capital. Mr. SARBANES. So, the question Why such amazing support for a fi- in non-low-income credit unions. Typi- nancial institution? The answer is sim- cally, as much as 40 percent to 60 per- arises: How may the NCUA deal with this issue while implementing the bill’s ple. Credit unions are for the little guy. cent of the community development Credit unions make a difference. credit unions’ membership base con- safety and soundness provisions? sists of persons with less than $200 on In my view, the NCUA should be CREDIT UNIONS PUT CONSUMERS FIRST deposit. Moreover, many of community mindful of community development To their customers, credit unions are development credit unions’ very-low- credit unions’ unique circumstances in far more than just a safe place to put balance depositors use the credit union applying the bill’s prompt corrective away a few dollars for tomorrow. Mak- solely for transactions—that is, they action provisions. In addition, commu- ing a deposit or withdrawal is more deposit checks and immediately with- nity development credit unions that than just a business transaction. draw virtually the entire balance. demonstrate that they can build their A credit union has an atmosphere On the lending side, community de- capital over time to the required lev- that says friendship and family. The velopment credit union’s business con- els—as evidenced by an acceptable net elected leadership is made up of volun- sists primarily of making small loans worth restoration plan—should be teers who actually listen. Tellers actu- to borrowers with imperfect credit. The given the full opportunity to do so. ally talk to their customers. With serv- average loan balance per member at a Mr. D’AMATO. The Senator is cor- ice like that, why wouldn’t customers community development credit union rect. Community development credit like going to their credit union? It’s all is $1,190 compared to $3,200 at all credit unions must meet the bill’s capital re- about neighbors and fellow employees unions. Thus, community development quirements like any other credit union. getting together, working together and credit union loans tend to have more At the same time, there is a transition investing together for everyone’s bene- credit risk and higher transaction period, and the bill’s prompt corrective fit. Just ask any credit union member. costs (i.e., noninterest costs per dollar action provisions give the NCUA suffi- Mr. President, let me emphasize that loaned) than loans made by other cred- cient flexibility to work with under- those who support credit unions are it unions, thereby resulting in lower capitalized community development not anti-bank. After all, many credit net returns. These lower net returns credit unions that have an acceptable union members also have bank ac- mean relatively lower income for the plan for meeting the bill’s capital re- counts. And it also deserves comment community development credit union, quirements. that—without any cost to the tax- which makes capital accumulation Mr. SARBANES. I thank the Sen- payer—credit unions have weathered more difficult. ator. the serious economic downturns that July 28, 1998 CONGRESSIONAL RECORD — SENATE S9097 have affected other financial providers. The PRESIDING OFFICER. The bill portunity for Members to be heard, and And that’s something to be proud of. having been read the third time, the for Members to have their concerns lis- Mr. President, the Senate should fol- question is, Shall the bill pass? The tened to, and debated, resulting in final low the House vote of 411 to 8 to act to yeas and nays have been ordered. The passage of the bill, notwithstanding save credit unions based on the prin- clerk will call the roll. some very contentious issues. I believe ciple that competition is beneficial. The assistant legislative clerk called that the credit unions, not only of Without competition, interest rates the roll. Maryland but of this country, have a paid to customers would be lower and Mr. NICKLES. I announce that the demonstrated champion in Senator loans and ATM fees would be more ex- Senator from North Carolina (Mr. SARBANES. pensive. Congress should only act in HELMS) is absent because of illness. The fact is that credit unions support ways that would increase competition I further announce that, if present the little guy. Historically, credit between financial institutions. and voting, the Senator from North unions have invested in people and in CREDIT UNIONS CARE ABOUT HARD WORKING Carolina (Mr. HELMS) would vote ‘‘no.’’ communities when others would not— AMERICANS Mr. FORD. I announce that the Sen- yes, when others would not. As a matter of principle, it should ator from Iowa (Mr. HARKIN) is absent Credit unions have provided the basic also be the responsibility of Congress due to a death in family. financial services without excessive to put the consumer first. We should I further announce that, if present fees, and they continue to do that. We pass legislation that is all about what and voting, the Senator from Iowa (Mr. need them in this day of consolidations is best for individuals, small busi- HARKIN) would vote ‘‘aye.’’ and megamergers to be out there to nesses, large businesses and anyone The result was announced—yeas 92, service all communities, especially the who needs the services of a financial nays 6, as follows: small communities and, again, the lit- institution. And that means no one—no [Rollcall Vote No. 239 Leg.] tle guy. I don’t mean ‘‘little’’ in terms one—should be thrown out of a credit YEAS—92 of size and stature, because they are the hard-working, middle-class Ameri- union and then forced to do business Abraham Enzi Lott with another financial institution Akaka Faircloth Lugar cans who are the backbone of this against their will. Allard Feingold McCain country. Indeed, they set a standard This Senator intends to make sure Ashcroft Feinstein McConnell and they challenge, even when others Baucus Ford Mikulski that does not happen. Bennett Frist Moseley-Braun don’t like that challenge. Mr. President, hardworking families Biden Glenn Moynihan And likewise, there may be unfair have a right to choices and opportuni- Bingaman Gorton Murkowski burdens on some of the community Bond Graham Murray banks, and we have to deal with that ties. People with savings of less than Boxer Gramm Reed $1,000—individuals who struggle each Breaux Grams Reid challenge. But you don’t do it at the week to pay the mortgage, put food on Brownback Grassley Robb expense of an organization of the thou- the table, and put something away for Bryan Gregg Rockefeller sands and thousands of credit unions Bumpers Hatch Roth the future—deserve the same financial Burns Hollings Santorum and the hundreds and hundreds of choices and opportunities that other Byrd Hutchinson Sarbanes members who work in these credit Americans enjoy. Credit unions are Campbell Hutchison Sessions unions on a voluntary basis, without Chafee Inouye Shelby pay, and in many cases, without any good for the consumer and good for the Cleland Jeffords Smith (NH) country. Cochran Johnson Smith (OR) compensation. Yes, truly, America can Mr. President, credit unions work for Collins Kempthorne Snowe be proud of our credit unions. Credit working families. Conrad Kennedy Specter unions care about hard-working Ameri- Coverdell Kerrey Stevens Mr. President, again I urge my col- Craig Kerry Thomas cans. leagues to support this legislation and D’Amato Kohl Thompson None of this could have been possible vote to pass H.R. 1151, the Credit Union Daschle Kyl Thurmond without staff because I believe that we Membership Access Act as our col- DeWine Landrieu Torricelli have had the best staff that anyone Dodd Lautenberg Warner leagues did in the House with an over- Domenici Leahy Wellstone could have, both Republicans and whelming vote. Dorgan Levin Wyden Democrats, working to bring about Mr. President, I suggest the absence Durbin Lieberman substantial improvements over the leg- of a quorum. NAYS—6 islation that came from the House—I The PRESIDING OFFICER. The Coats Inhofe Nickles mean substantial. clerk will call the roll. Hagel Mack Roberts For the first time, we set rigorous standards to protect the taxpayers of The assistant legislative clerk pro- NOT VOTING—2 ceeded to call the roll. the United States—that is right—to Harkin Helms Mr. D’AMATO. Mr. President, I ask protect them. For the first time, we unanimous consent that the order for The bill (H.R. 1151), as amended, was limit—and I think prudently so—com- the quorum call be rescinded. passed. mercial lending activities that credit The PRESIDING OFFICER. Without Mr. D’AMATO. Mr. President, I move unions can undertake while giving objection, it is so ordered. to reconsider the vote by which the bill them the opportunity to continue Mr. D’AMATO. Mr. President, I ask was passed. doing so and to continue serving their for the yeas and nays. Mr. SARBANES. I move to lay that communities. And again, I believe we The PRESIDING OFFICER. Is there a motion on the table. applied limits to commercial lending in sufficient second? The motion to lay on the table was a prudent manner. There is a sufficient second. agreed to. Mr. President, I take this oppor- The yeas and nays were ordered. Mr. D’AMATO addressed the Chair. tunity to thank the hard-working staff, The PRESIDING OFFICER. If there The PRESIDING OFFICER. The Sen- a bipartisan staff. I want to acknowl- be no further amendment to be pro- ator from New York. edge Senator SARBANES’ staff—Steve posed, the question is on agreeing to Mr. D’AMATO. Mr. President, I Harris and Marty Gruenberg and Dean the committee amendment in the na- thank all of my colleagues, not only Shahinian. And Phil Bechtel, Madelyn ture of a substitute, as amended. for the final vote on this important Simmons, Rachel Forward, and our The amendment was agreed to. legislation, but for the manner in staff director Howard Menell, I thank The PRESIDING OFFICER. The which an excellent debate was con- them for their hard work on this bill. question is on the engrossment of the ducted. I very much appreciate Senator They have done a unique job in work- committee amendment, as amended, LOTT scheduling this important bill. ing together, never allowing political and third reading of the bill. But a special commendation is in order differences to interfere with the peo- The amendment was ordered to be to a number of people, starting with ple’s work. engrossed and the bill to be read a the ranking member, my friend, Sen- Let me say, Mr. President, that the third time. ator SARBANES. I thank him for his House is to be applauded for moving so The bill was read a third time. steadfast support in developing the op- speedily on their legislation. I hope S9098 CONGRESSIONAL RECORD — SENATE July 28, 1998 that they will accept the improve- But I think implicit on the part of conversely, if they came through he ments that we have made without the the Congress, in answering that ques- would tell them where I was. necessity of going to conference. Rep- tion, is that credit unions will redouble Detective Gibson traveled with many resentatives KANJORSKI and their efforts in terms of serving the of us at different occasions. He even LATOURETTE took the lead on this bill purposes for which they were estab- came to one, I believe, with the ‘‘Sing- in the House. I am hopeful they will lished. ing Senators’’ from the other side of view the Senate’s well-considered Some have criticized the credit union the aisle. He was the man who at modifications to the original bill as movement. They say they are getting events where Senators would gather, positive changes to enhance the safety away from those purposes. I am frank would be there because he would recog- and soundness of credit unions and ex- to say I do not think that is generally nize not only the Senators, but their pedite the enactment of this legisla- true of the credit union movement. I spouses; would wave them on through, tion. think you can point to isolated excep- would greet them, would make them I also commend Chairman LEACH and tions. And I only raise the warning flag know they were among friends. We al- the House leadership in sending us H.R. that to the extent those exist, they tar- ways knew we were. 1151 as speedily as they did, because nish the image of the credit union Mr. President, I have been a Senator were we not to have gotten it in such a movement in the eyes of many. now for nearly 24 years. I walk into timely manner, we could never have So with this legislation, which has this building every day that we are in completed the legislative changes that given them a path to move forward, a session, many when we are not. I have we have made part of the legislation. firm and secure path to move forward, gotten to know many of the police offi- Mr. President, again, I thank all of I look forward to the credit union cers, and so many others, the hundreds my colleagues for their outstanding movement reaffirming its basic and of people that make this body run, work and for their cooperation, not- original purposes and look forward to make this Capitol run. withstanding the differences that may continuing to try to work closely with This truly is a death in the family. have existed. We passed a good bill for them in achieving those objectives. Even if I had not known the officers working Americans. I, too, like the chairman, express my as I did, I would feel that way. But I yield the floor. very deep appreciation to the staff on knowing them in some ways makes it Mr. SARBANES addressed the Chair. even sadder, more poignant, more dif- The PRESIDING OFFICER (Mr. both sides, to Howard Menell and Phil Bechtel and Rachel Forward and ficult. INHOFE). The Senator from Maryland. I love the Senate and I love the sym- Mr. SARBANES. Mr. President, first Madelyn Simmons on the Republican bol of democracy that our Capitol of all, I express my appreciation to the side—we depend very heavily on our holds to the public. To see this terrible, distinguished chairman for his very staff; they are extremely competent kind remarks about my efforts with re- and dedicated; they were in here many terrible thing happen in something spect to this legislation. But I really nights, late into morning hours in that means so much to all of us, it is want to underscore the very skillful order to help put this legislation to- almost impossible to describe my feel- ings. leadership which Chairman D’AMATO gether—and Steve Harris and Marty provided in helping to move the bill Gruenberg and Dean Shahinian and My wife and I had flown to Vermont through the committee and then Mike Beresik on our side of the aisle. last Friday. We got to my office in Bur- through the Senate on the Senate We were able to work together in a lington and were there only a matter of floor. cooperative and positive and construc- minutes and heard the news. Much of This was not a bill without signifi- tive manner on this legislation. I al- the rest of the evening was a blur, just cant controversy in it. I think the com- ways look forward to those opportuni- sitting in our farmhouse watching the mittee worked out a balanced package ties with the chairman. It is not al- news and not believing it. and preserved most of it on the Senate ways possible. Usually when it is not Probably the greatest tribute to two floor—I regret not all of it. But in any possible, we set up a separate commit- brave police officers was the fact that event, I think the legislation we now tee to deal with the issues and work this Capitol, this symbol of democracy have passed is a reaffirmation for the within our own committee. not only to our own Nation of a quarter credit union movement of their impor- I close, again, by commending the of a billion people but to the rest of the tant role in serving consumers. chairman for a very skillful job in world, this Capitol was open almost When the cooperative movement was helping to move this legislation immediately thereafter. established in the early part of the cen- through the Senate. There is no way we could bring these tury, it was premised on the propo- Mr. President, I yield the floor. officers back. It is a tragedy that will sition that individuals coming to- Mr. LEAHY addressed the Chair. be felt by their spouses and their chil- gether, ‘‘small people,’’ would gain ac- The PRESIDING OFFICER. The Sen- dren, in one case, grandchildren, for cess to credit; that the credit union ator from Vermont. the rest of their lives. No matter what movement would remain concerned and Mr. LEAHY. Mr. President, I ask we do as Members of the Senate or the dedicated to their needs and would pro- unanimous consent to proceed—I tell House, we cannot bring them back to vide them an opportunity to share in my colleagues I will be very brief—as their families. We can only offer our the American economy. in morning business. profound sympathy to their families. It Credit unions, by and large, have The PRESIDING OFFICER. Without is a sympathy that is felt deeply by done a good job of that over the years. objection, it is so ordered. every single Member of the Congress, And this legislation, I think, will en- f Republican or Democrat. It makes no able them to continue to do a good job. difference whether they have been here It has important safety and soundness TRIBUTE TO JOHN GIBSON AND a long time or a short time. Our hearts provisions in it, the consequence of a JACOB CHESTNUT go out as human beings to the families very comprehensive and thorough Mr. LEAHY. Mr. President, much has of these officers. Treasury study on the basis of which been said on the Senate and the House What we have done in immediately the committee was able to incorporate floor about John Gibson and Jacob reopening the Capitol, in saying to the into the legislation some very impor- ‘‘J.J.’’ Chestnut, two police officers on public today they can walk in here at tant safeguards. the Capitol Police Force. And much any time as they do in the galleries But I say to the credit union move- more will be said. I add my words of today, we are saying to those officers ment: We worked very hard in the praise and appreciation to both of that your deaths were not in vain. aftermath of the Supreme Court deci- them. Think, Mr. President, what a different sion which, of course, cast a pall over I knew both these police officers. Of- country this would be if somehow this the credit union movement. It really ficer Chestnut—J.J.—would see us Capitol, this symbol of democracy, was raised very severe questions as to what come through the Senate at several dif- closed down. Think what it would be the future of the credit union move- ferent times, and he would tell me a like if the public, not only Americans ment would be. This legislation has an- member of my family has already gone but those visiting from around the swered that question. through because he had seen them, or world, think what it would be like if July 28, 1998 CONGRESSIONAL RECORD — SENATE S9099 they could not come into this Capitol, member so well the next morning, contingent upon an emergency designa- as I did when I was a law student here every single one of us was in our seats. tion by the administration. in Washington or when I first came We were here to show we wouldn’t stay The committee recommendation is here with my parents as a teenager. If home. And we will be here today, as within the 302(b) allocations and we could not be here, the public could will the President and the Vice Presi- strikes a delicate balance between con- not come in and see us debate great dent, all of the House and Senate lead- gressional priorities, administrative matters and tiny matters, they could ership, and the Members, to show noth- initiatives, and agency needs. This not see that. ing closes us down. would not have been possible without Mr. President, at the time of the I yield the floor, and I suggest the ab- the hard work and cooperation from breakup of the Soviet Union, I remem- sence of a quorum. my friend and colleague, Senator KOHL, ber so many who came here and met The PRESIDING OFFICER. The the subcommittee ranking member, with all of us and asked, ‘‘How does clerk will call the roll. and his staff. It was not easy to strike your democracy work,’’ and they told The bill clerk proceeded to call the this balance while staying within our me—I heard this over and over again— roll. mutually agreed-upon fiscal con- that they would see the picture of our Mr. CAMPBELL. Mr. President, I ask Capitol when they came to Washing- unanimous consent that the order for straints. As most of our colleagues are ton, that was the thing they recognized the quorum call be rescinded. aware, approximately 80 percent of the before anything else. They said they The PRESIDING OFFICER. Without accounts in this bill are for salaries saw it sitting up here. objection, it is so ordered. and expenses, meeting those needs, and increasing our flexibility to fund new I have been coming to this Capitol f Building as a Senator for 24 years. I initiatives and congressional priorities. MEASURE READ THE FIRST feel a thrill every time I come up here. The committee recommends a fund- TIME—H.R. 4250 I hope I always will because I know it ing of $11,555,000,137 for title I for the represents democracy. These two brave Mr. CAMPBELL. Mr. President, I un- Department of Treasury. This is officers, just like the hundreds of other derstand that H.R. 4250, the Patient $176.653 million more than the fiscal men and women who guard these Halls, Protections Act, has arrived from the year 1998 enacted level. The committee they keep it open. Let’s hope they al- House and is now at the desk. I now has again placed a priority on promot- ways will. Let us hope that we always ask for its first reading. ing the Treasury’s law enforcement, have the courage to do that. Then the The PRESIDING OFFICER. The ensuring that they can hire, train, and lives that every one of us would pray clerk will report. retrain the best of Federal law enforce- we could bring to the family, those The legislative clerk read as follows: ment, while at the same time support lives would not be lost in vain. A bill (H.R. 4250) to provide new patient efforts by State and local law enforce- Like some others in this body, I had protections under group health plans. ment. the privilege to serve in law enforce- Mr. CAMPBELL. I now ask for its ment for years before coming here. I There are some provisions of title I second reading, and I object to my own that I would like to highlight for col- know how all of us felt in law enforce- request. leagues. This bill includes $132 million ment at that time if one of our own The PRESIDING OFFICER. The ob- for law enforcement initiatives was cut down. I think if you have not jection is heard. through the violent crime reduction served in law enforcement it is almost The bill will be read the second time trust fund, known as the VCRTF; con- impossible to explain to the American on the next legislative day. tinuation and expansion of the Gang public how other law enforcement offi- f cials feel when they lose one of their Resistance Education And Training own. I know how the men and women TREASURY AND GENERAL GOV- Program, called the GREAT Program— in the police force here on Capitol Hill ERNMENT APPROPRIATIONS ACT, to help our young people develop the feel, but also how they feel all over the 1999 skills to stay out of trouble; $27 million Nation. This is a loss. This is a family, Mr. CAMPBELL. Mr. President, I to continue and expand the Youth a fraternity, a sorority. It is something now ask unanimous consent that the Crime Gun Interdiction Initiative—to that binds all law enforcement people Senate now proceed to the consider- allow Federal, State, and local law en- together. ation of S. 2312, the Treasury-Postal forcement to stem the tide of illegal I am joined with every single person appropriations bill. firearms trafficking to the youth of who works on Capitol Hill in an expres- The PRESIDING OFFICER. Without this country. It includes doubling a sion of appreciation to them and to ev- objection, it is so ordered. staff level for the Customs Service erybody who responded—all the police The clerk will report. antichild pornography efforts; full officers responded, medical personnel The bill clerk read as follows: funding for Southwest border tech- responded. I will take just 1 minute A bill (S. 2312) making appropriations for nology enhancements and staffing; ad- more to express my personal apprecia- the Treasury Department, the United States ditional funding for the IRS for much- tion to Senator BILL FRIST for what he Postal Service, the Executive Office of the needed customer service initiatives. did. I spoke with Senator FRIST yester- President, and certain Independent Agencies, In title II, the committee rec- day and told him how much his actions for the fiscal year ending September 30, 1999, and for other purposes. ommends an appropriation of $71.195 meant to me, to my wife, who is a reg- million for the U.S. Postal Service. The Senate proceeded to consider the istered nurse. She knows when some- Under the provisions of this bill, the bill. thing like this happens, if you are a Postal Service is required to provide Mr. CAMPBELL. Mr. President, I am medical personnel, you respond. But he free mailing for overseas voters and the pleased to lay before the Senate the responded not only with his great skill blind, maintain 6-day delivery and committee recommendation for the as a cardiac surgeon, he responded rural delivery, as well as prohibited when there was gunfire erupting only Treasury Department, the Postal Serv- from consolidating or closing small moments before and there might have ice, the Executive Office of the Presi- and rural post offices. been more, with no thought to his safe- dent, and various independent agen- ty, but thinking of only those who may cies. The bill crafted by the Sub- Title III is the Executive Office of have been injured. committee on Treasury, Postal Serv- the President and funds appropriated Mr. President, it is a sad day. Let us ice, and General Government contains to the President. The total rec- say also it is a proud day to our coun- a total of $29,923,547,000 in new budget ommendation for title III is try because this symbol of democracy authority. $3,838,441,000. This includes the White will not be closed down by the actions Of that amount, $13,613,547,000 is in House Office, the Office of Management of one deranged American, any more mandatory accounts, and $3,250,000,000 and Budget, the Office of the National than it was in the 1980s when the bomb is provided for much-needed funding Drug Control Policy, the Federal drug went off outside this Chamber at night for all Federal agencies to address the control programs, and funding for the just minutes after we recessed. I re- year 2000, or Y2K, computer problem, National Antidrug Media Campaign. S9100 CONGRESSIONAL RECORD — SENATE July 28, 1998

Also included is the information tech- Mr. President, I thank Senator CAMP- tribution of child pornography both nology system and related expenses ac- BELL for his dedication to resolving into and throughout the United States. count to deal with the year 2000 prob- many issues, large and small, on this The Office of National Drug Control lems. Treasury and General Government ap- Policy’s media campaign receives con- Of special note are: $13 million for propriations bill. tinued funding of $175 million in this the continuation of the technology Throughout this process, he has bill. This is the second year of a 5-year transfer program under the drug czar’s forged a cooperative relationship not program aimed at changing attitudes office—to allow State and local law en- only with me, but with all of the sub- towards drugs. The committee hopes to forcement to benefit from research and committee members. Throughout his see dramatic results from this invest- development; $175 million to continue cooperative approach, we were able to ment—an investment that is four times the National Antidrug Media Cam- work out a reasonable balance among greater than the funding provided for paign; continued funding for high-in- the many programs and activities GREAT, Youth Gun Crime, and Child tensity drug trafficking areas, known under the jurisdiction of this sub- Pornography Prevention Programs as HIDTAs. committee. In addition, I want to ac- combined. Title IV is independent agencies such knowledge the very fine work of the Finally, I want to talk about the as the Federal Election Commission, chairman’s staff, including Pat Ray- Federal Election Commission. This bill General Services Administration, and mond, Tammy Perrin, and Lula Ed- provides the FEC with $33.7 million. the National Archives, in addition to wards. This is $2.8 million less than the fund- agencies involved in Federal employ- As Senator CAMPBELL mentioned, the ing provided by the House, and I hope ment, such as the Federal Labor Rela- Treasury and General Government ap- we will bring the funding level up to tions Authority, the Merit Systems propriations bill continues and expands the House figure. The need for this Protection Board, the Office of Govern- many investments in our future. Just funding is clear. In congressional testi- ment Ethics, the Office of Personnel for example, the Internal Revenue mony earlier this year, FEC officials Management, and the Office of Special Service funding level is of critical im- said they were forced to drop more Counsel. The committee recommends portance. By passing the IRS restruc- than 100 cases because they did not $14,458,969,000 for this title. turing legislation, Congress sent a have enough people to handle the case- Of particular interest to many of our clear message to the public and to the load. colleagues is the funding level for the IRS that it is time for the IRS to pro- As you all know, Congress has not General Services Administration, vide American taxpayers with the kind been able to agree on campaign finance which includes $500 million for new of service they have a right to expect. reforms. But we all agree that the cur- courthouse construction. In response, IRS is undertaking its rent law must be enforced. And that In order to stay within the 302(b) al- most profound restructuring in more cannot happen without a fully funded locations, we were forced to make than 40 years. From business practices FEC. many difficult decisions regarding out- to organizational structure, the IRS of In an era of explosive spending on lays. Although I know this is not campaigns through innumerable ave- unique to the Treasury and General the future will act differently than the nues, both legal and illegal, we owe it Government Subcommittee, our out- agency we know today. This appropriations bill provides the to the American people to fully fund lays allocations forced us to make dif- IRS over $7.8 billion to continue basic the only campaign watchdog we have. ficult choices, which we would not have operations while initiating these Finally, we have tried to accommo- otherwise made. This bill deserves the support of the changes. These funds will launch the date numerous requests for funds while Senate. I believe I can honestly say new customer service initiatives, the remaining within the funding restric- that although not everybody got what submission and processing of invest- tions imposed by the subcommittee al- they wanted, we did our best to accom- ments, and the compliance research location. Although we are required to modate all of our colleagues’ requests. systems requested by the administra- make substantial reductions in the I must remind my colleagues that if tion. The funding level will let the IRS President’s request level, I believe that you are considering any additional revamp its business practices so IRS programmatic funding levels included spending in this bill, it must be offset. staff can focus on understanding, solv- in this bill are fiscally responsible and Finally, none of this would have been ing, and preventing taxpayer problems. very reasonable. possible without the work and support To effectively update the Federal I thank the Chair. I yield the floor. of Senator KOHL. I particularly thank Government’s computer system for the PRIVILEGE OF THE FLOOR Barbara Retzlaff of his staff, who con- century date change, the committee Mr. CAMPBELL. Mr. President, I ask sistently brings her knowledge and ex- added $3.2 billion to the Treasury and unanimous consent that the following pertise to this bill, and also our own General Government appropriations individuals have floor privileges for the staff, Pat Raymond, Tammy Perrin bill. This work must be completed in duration of the consideration of S. 2312, and Lula Edwards, who have worked so the next 12 months, so money must the Treasury, Postal Service, and Gen- hard and so many evenings on this bill. reach all Federal agencies quickly. By eral Government appropriations bill for At this time, I yield the floor to my including this emergency funding, the fiscal year 1999: Ms. Tammy Perrin and friend, Senator KOHL. committee provides the Federal Gov- Ms. Lula Edwards. The PRESIDING OFFICER. The Sen- ernment with the tools it needs to en- The PRESIDING OFFICER. Without ator from Wisconsin. sure that critical Government func- objection, it is so ordered. Mr. KOHL. Mr. President, before I tions continue smoothly. Mr. CAMPBELL. Mr. President, be- get started, I express my deep sym- Law enforcement activities are an- fore I send the first amendment to the pathy to the families of Officers John other important part of this bill, and desk, I would like to associate myself Gibson and Jacob Chestnut. I also want the committee has provided over $3 bil- with the remarks made by Senator to express my thanks to these brave lion to continue and expand these pro- LEAHY, whom I found to be very poign- heroes and to all the other law enforce- grams. Included in this funding level is ant and very moving in his tribute to ment officers here in the Capitol and full funding for the GREAT Program, the two slain officers. all over our great country who put which provides local police depart- Today, Mr. President, is sad day in- their lives on the line every day to ments the resources necessary to help deed for the congressional family, be- keep the rest of us safe. The two fallen children avoid the temptation of gangs cause in just 30 minutes—in fact, a lit- officers are true heroes. They died pro- or drugs; the Youth Crime Gun Inter- tle less than that—we will all partici- tecting the Nation’s most precious diction Initiative, which traces illegal pate in a memorial for Detective John symbol of democracy and protecting guns and establishes State and local Gibson and Officer ‘‘J.J.’’ Jacob Joseph the people who work here and who visit links necessary to end gun trafficking Chestnut, who gave their lives in the here. I hope their families take some and youth and gang-related violence; line of duty this past Friday. comfort in the deep respect, gratitude, and the Customs’ Child Pornography In fact, the Capitol Police patch and pride all of us here feel for their and Cyber Smuggling Program, which which I wear today in memory and acts of bravery. prevents illegal trafficking and dis- honor was given to me by Detective July 28, 1998 CONGRESSIONAL RECORD — SENATE S9101 Gibson just a few weeks ago. As late as ics Reform Act of 1989 (5 U.S.C. 5318 note), no SEC. ll. Section 921(a) of title 18, United 2 weeks ago, he was kind enough to adjustment under section 5303 of title 5, States Code, is amended— come out all the way to Dulles Airport United States Code, shall be considered to (1) in paragraph (5), by striking ‘‘the explo- when I had a delayed flight and get me have taken effect in fiscal year 1999 in the sive in a fixed shotgun shell’’ and insert ‘‘an rates of basic pay for the statutory pay sys- explosive’’; here on time for a vote on Monday tems.’’. (2) in paragraph (7), by striking ‘‘the explo- night. Mr. CAMPBELL. Mr. President, in sive in a fixed metallic cartridge’’ and in- I was a military policeman, Mr. January of 1999 the rank-and-file Fed- serting ‘‘an explosive’’; and President, and a deputy sheriff in my (3) by striking paragraph (16) and inserting eral employees will automatically re- younger days. Like most former law the following: ceive a salary adjustment based upon enforcement officers, like Senator ‘‘(16) The term ‘antique firearm’— the employment cost index. Most peo- ‘‘(A) means any— LEAHY was, perhaps the death of these ple refer to this as the COLA. Some ‘‘(i) firearm (including any firearm with a two wonderful men touched us in a simply call it a pay raise. matchlock, flintlock, percussion cap, or very special way, because for law en- Under current law, a similar adjust- similar type of ignition system) manufac- forcement people, when a law enforce- ment is made to the salaries of senior- tured in or before 1898; ment officer is killed, it is not like los- ‘‘(ii) replica of any firearm described in level Federal employees, Members of ing a stranger or a colleague, it is like clause (i), if such replica— Congress, and Federal judges also. This losing a brother or a sister. ‘‘(I) is not designed or redesigned for using adjustment is automatic under the pro- But our system of democracy man- rimfire or conventional centerfire fixed am- visions of the Ethics Reform Act of dates that our citizens, who own this munition; or 1989, unless Congress takes an affirma- ‘‘(II) uses rimfire or conventional building, have a right to enter it at any tive action to block the increase. centerfire fixed ammunition that is no time. I think that is the way it should The bill before us today includes the longer manufactured in the United States be. Most of us want to keep it that language to prevent the automatic pay and that is not readily available in the ordi- way, as Senator KOHL has alluded to. nary channels of commercial trade; and adjustment from going into effect in Today, however, we debate the Treas- ‘‘(iii) muzzle loading rifle, muzzle loading January for Members of Congress, Fed- ury, Postal, and General Government shotgun, or muzzle loading pistol, that— eral judges, and senior-level employees appropriations bill. This bill, above any ‘‘(I) is designed to use black powder, or a of the executive branch. bill with which we have wrestled, de- black powder substitute; and The text of the provision is slightly ‘‘(II) cannot use fixed ammunition; and termines the use of and restrictions on different from that which passed the ‘‘(B) does not include any— firearms. The framers of the Constitu- House of Representatives and, there- ‘‘(i) weapon that incorporates a firearm tion, I believe, could never have fore- fore, makes it a conferenceable item. frame or receiver; seen the nuances that have come into This amendment which we offer ‘‘(ii) firearm that is converted into a muz- play in modern America when we dis- zle loading weapon; or today makes that provision identical cuss our second amendment rights. ‘‘(iii) muzzle loading weapon that can be to the House-passed version. Mr. President, in this very saddened readily converted to fire fixed ammunition I am happy to yield to my colleague, atmosphere in which we bring our bill by replacing the barrel, bolt, breechblock, or Senator KOHL, if he has any statement any combination thereof.’’. to the floor, I suppose some of our col- on this. leagues may be tempted in the heat of Mr. GRASSLEY. Mr. President, I Mr. KOHL. Mr. President, I agree the time to load this bill down with wish to make a few comments on the with the comments of Senator CAMP- gun amendments. I, frankly, hope that muzzle loader amendment which we are BELL. does not happen. It may be the right considering. Mr. CAMPBELL. Mr. President, I The purpose of the amendment is to issue. It may be the right place to talk urge adoption of the amendment. exempt certain muzzle loading weapons about them. But this is not the right The PRESIDING OFFICER. The from regulation under the Gun Control time. To use this bill as a vehicle for question is on agreeing to the amend- Act (GCA), 18 U.S.C. Chapter 44. Under any rush to judgment with those ment of the Senator from Colorado. current law, ‘‘antique firearms’’ are ex- amendments, or to use it as an anti- The amendment (No. 3340) was agreed empted from the definition of ‘‘fire- second amendment platform, I think to. arm’’ in section 921(a)(3) of the GCA would be inappropriate and unwise. Mr. CAMPBELL. Mr. President, I and are, therefore, not subject to the No one is more saddened at the loss move to reconsider the vote by which interstate controls, licensing provi- of our two officer heroes than I am. the amendment was agreed to. sions, record keeping requirements, or But I would like to tell my colleagues Mr. KOHL. I move to lay that motion restrictions on possession that apply to who are watching these proceedings in on the table. firearms. Thus, antique firearms can be their offices now that I intend to move The motion to lay on the table was sold interstate via mail-order, no to table any gun amendments that may agreed to. records of their sale are kept, and they be offered during this tragic time. AMENDMENTS NOS. 3341 THROUGH 3346, EN BLOC may be lawfully possessed by any U.S. AMENDMENT NO. 3340 Mr. CAMPBELL. Mr. President, I citizen. The existing definition of ‘‘an- Mr. CAMPBELL. With that, Mr. send to the desk the managers’ pack- tique firearm’’ exempts firearms manu- President, I send the first amendment age of amendments and ask unanimous factured in or before 1898, replicas of to the desk on behalf of Senator FAIR- consent that they be considered en such firearms that utilize matchlock, CLOTH, Senator KOHL, and myself. bloc. flintlock, percussion cap, or other The PRESIDING OFFICER. The The PRESIDING OFFICER. Without primitive types of ignition systems in- cluding primers and battery cup prim- clerk will report. objection, it is so ordered. ers and other replica firearms that uti- The assistant legislative clerk read The clerk will report. lize ammunition that is no longer as follows: The assistant legislative clerk read available in commercial channels. The Senator from Colorado [Mr. CAMP- as follows: BELL], for himself, Mr. FAIRCLOTH, and Mr. In recent years, there has been a The Senator from Colorado (Mr. CAMP- KOHL, proposes an amendment numbered strong increase in popularity in hunt- BELL), proposes amendments numbered 3341 3340. ing and target shooting involving muz- through 3346 en bloc. zle loading firearms which could not Mr. CAMPBELL. Mr. President, I ask Mr. CAMPBELL. Mr. President, I ask unanimous consent that reading of the have been foreseen when the current unanimous consent that reading of the law was written. As in any other sport- amendment be dispensed with. amendments be dispensed with. The PRESIDING OFFICER. Without ing equipment, the technology was re- The PRESIDING OFFICER. Without fined to provide safer and more reliable objection, it is so ordered. objection, it is so ordered. equipment, much like the compound The amendment is as follows: The amendments, en bloc, are as fol- bow evolved from the original long Strike Section 639 on pages 96 and 97 in its lows: entirety and insert in lieu thereof the follow- bow. Most states now offer a muzzle ing: AMENDMENT NO. 3341 loading hunting season to improve deer ‘‘SEC. 639. For purposes of each provision of At the appropriate place at the end of title herd management. There have been nu- law amended by section 704(a)(2) of the Eth- I, insert: merous technological improvements in S9102 CONGRESSIONAL RECORD — SENATE July 28, 1998 muzzle loading weapons, including be adopted on the floor, there isn’t any ‘‘(A) the provisions of such section shall safer propellant, safety mechanism, report language to assist courts and in- apply to the hours within the basic 40-hour projectiles, and ignition systems. dustry in interpreting the status of workweek; As is the case with the compound muzzle loaders. I hope my comments ‘‘(B) for hours outside the basic 40-hour workweek, such section shall be deemed to bow, many of the muzzle loading weap- will serve this purpose. require that the hourly rate be derived by di- ons now produced bear little physical AMENDMENT NO. 3342 viding the annual rate by 2756; and resemblance to traditional antique (Purpose: to appropriately reflect the ‘‘(C) the computation of such firefighter’s firearms produced prior to 1898. Signifi- liquidation of debt) daily, weekly, or biweekly rate shall be cantly, they all require the placing of a At the appropriate place, strike and insert based on subparagraphs (A) and (B), as each propellant down the barrel, pushing a the following: Page 11, on line 23 strike applies to the hours involved. bullet down the barrel on top of the ‘‘$2,854,000,000’’ and insert in lieu thereof ‘‘(2) For purposes of sections 5595(c), 5941, ‘‘$3,317,690,000’’. 8331(3), and 8704(c), and for such other pur- powder, then placing an ignition sys- poses as may be expressly provided for by AMENDMENT NO. 3343 tem behind the powder just as all muz- law or as the Office of Personnel Manage- zle loaders have for more than 100 (Purpose: To provide for reform of the over- ment may by regulation prescribe, the basic years. Since the BATF has determined time pay of Federal firefighters, and for pay of a firefighter subject to this subsection that certain of these weapons are not other purposes) shall include— ‘‘replicas’’ under the definition of ‘‘an- At the end of title VI add the following ‘‘(A) an amount computed under paragraph new section: tique firearms’’, they are regulated as (1)(A) for the hours within the basic 40-hour SEC. ll. FEDERAL FIREFIGHTERS OVERTIME workweek; and ‘‘firearms’’ under the GCA. The BATF PAY REFORM ACT OF 1998. ‘‘(B) an amount equal to the firefighter’s has restricted only one inline muzzle (a) IN GENERAL.—Subchapter V of chapter basic hourly rate (as computed under para- loader, the Knight DISC rifle, which is 55 of title 5, United States Code, is amend- graph (1)(B)) for all hours outside the basic produced in my home state of Iowa, ed— 40-hour workweek that are within such fire- even though Remington states that (1) in section 5542 by adding at the end the fighter’s regular tour of duty (including their muzzle loader is built from their following new subsection: overtime hours). ‘‘(f) In applying subsection (a) of this sec- ‘‘(d)(1) A firefighter who is subject to this 700 Centerfire. tion with respect to a firefighter who is sub- The amendment would expand the section shall receive overtime pay in accord- ject to section 5545b— ance with section 5542, but shall not receive definition of the term ‘‘antique fire- ‘‘(1) such subsection shall be deemed to premium pay provided by other provisions of arm’’ to encompass these modern muz- apply to hours of work officially ordered or this subchapter. zle loading sporting firearms used by approved in excess of 106 hours in a biweekly ‘‘(2) For the purpose of applying section hunters, target shooters, and other pay period, or, if the agency establishes a 7(k) of the Fair Labor Standards Act of 1938 sportsmen. The amendment would in- weekly basis for overtime pay computation, to a firefighter who is subject to this section, clude within the definition of ‘‘antique in excess of 53 hours in an administrative no violation referred to in such section 7(k) workweek; and shall be deemed to have occurred if the re- firearm’’ a weapon that: (1) is a muzzle ‘‘(2) the overtime hourly rate of pay is an quirements of section 5542(a) are met, apply- loading rifle, muzzle loading shotgun, amount equal to one and one-half times the ing section 5542(a) as provided in subsection or muzzle loading pistol; (2) is designed hourly rate of basic pay under section 5545b (f) of that section. The overtime hourly rate to use black powder or a black powder (b)(1)(A) or (c)(1)(B), as applicable, and such of pay for such firefighter shall in all cases substitute; (3) uses any ignition sys- overtime hourly rate of pay may not be less be an amount equal to one and one-half tem; (4) cannot use fixed ammunition; than such hourly rate of basic pay in apply- times the firefighter’s hourly rate of basic ing the limitation on the overtime rate pro- pay under subsection (b)(1)(A) or (c)(1)(B) of (5) does not use the serial numbered this section, as applicable. frame or receiver of a firearm; (6) has vided in paragraph (2) of such subsection (a).’’; and ‘‘(3) The Office of Personnel Management not been converted from a firearm; and (2) by inserting after section 5545a the fol- may prescribe regulations, with respect to (7) cannot be readily converted to fire lowing new section: firefighters subject to this section, that fixed ammunition by replacing the bar- would permit an agency to reduce or elimi- ‘‘§ 5545b. Pay for firefighters nate the variation in the amount of fire- rel, bolt, or breechlock. ‘‘(a) This section applies to an employee The language requiring that the an- fighters’ biweekly pay caused by work sched- whose position is classified in the firefighter uling cycles that result in varying hours in tique firearm not use the frame or re- occupation in conformance with the GS–081 the regular tours of duty from pay period to ceiver of a serial numbered firearm, standard published by the Office of Personnel pay period. Under such regulations, the pay not be converted from a firearm, and Management, and whose normal work sched- that a firefighter would otherwise receive for cannot be readily converted to fire ule, as in effect throughout the year, con- regular tours of duty over the work schedul- fixed ammunition is to prevent the sists of regular tours of duty which average ing cycle shall, to the extent practicable, re- conversion of modern firearms into at least 106 hours per biweekly pay period. main unaffected.’’. ‘‘(b)(1) If the regular tour of duty of a fire- (b) TECHNICAL AND CONFORMING AMEND- percussion cap ‘‘antique firearms’’. fighter subject to this section generally con- MENT.—The table of sections for chapter 55 of BATF is concerned that, without this sists of 24-hour shifts, rather than a basic 40- title 5, United States Code, is amended by in- language, various single shot, bolt ac- hour workweek (as determined under regula- serting after the item relating to section tion, slide action and semi-automatic tions prescribed by the Office of Personnel 5545a the following: weapons, and even certain machine Management), section 5504(b) shall be applied ‘‘5545b. Pay for firefighters.’’. guns, could be converted into muzzle as follows in computing pay— (c) TRAINING.—Section 4109 of title 5, loading weapons and then converted ‘‘(A) paragraph (1) of such section shall be United States Code, is amended by adding at back to fire conventional fixed ammu- deemed to require that the annual rate be di- the end the following new subsection: vided by 2756 to derive the hourly rate; and ‘‘(d) Notwithstanding subsection (a)(1), a nition merely by replacing the barrel ‘‘(B) the computation of such firefighter’s firefighter who is subject to section 5545b of or other components. The weapon daily, weekly, or biweekly rate shall be this title shall be paid basic pay and over- could then be sold as an ‘‘antique fire- based on the hourly rate under subparagraph time pay for the firefighter’s regular tour of arm’’ without any GCA controls. Many (A); duty while attending agency sanctioned components which alter the form and ‘‘(2) For the purpose of sections 5595(c), training.’’. function of firearms are available to be 5941, 8331(3), and 8704(c), and for such other (d) INCLUSION IN BASIC PAY FOR FEDERAL RETIREMENT.—Section 8331(3) of title 5, easily converted from one form of fire- purposes as may be expressly provided for by law or as the Office of Personnel Manage- United States Code, is amended— arm to another. However, there are no ment may by regulation prescribe, the basic (1) by striking ‘‘and’’ after subparagraph products currently in commercial pay of a firefighter subject to this subsection (D); trade which would convert a muzzle shall include an amount equal to the fire- (2) by redesignating subparagraph (E) as loader to a firearm or a firearm to a fighter’s basic hourly rate (as computed subparagraph (G); muzzle loader. under paragraph (1)(A)) for all hours in such (3) by inserting the following: Since the amendment is limited to firefighter’s regular tour of duty (including ‘‘(E) with respect to a criminal investiga- muzzle loading rifles, muzzle loading overtime hours). tor, availability pay under section 5545a of shotguns, and muzzle loading pistols, it ‘‘(c)(1) If the regular tour of duty of a fire- this title; fighter subject to this section includes a ‘‘(F) pay as provided in section 5545b (b)(2) would not allow grenade launchers, ba- basic 40-hour workweek (as determined and (c)(2); and ’’; and zookas, machine guns, or anti-tank under regulations prescribed by the Office of (4) by striking ‘‘subparagraphs (B), (C), (D), guns to be excluded from the regula- Personnel Management), section 5504(b) shall and (E)’’ and inserting ‘‘subparagraphs (B) tion. Also, since this amendment will be applied as follows in computing pay— through (G)’’. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9103 (e) EFFECTIVE DATE.—The amendments (1) in 1995, the Internal Revenue Service in- Mr. CAMPBELL. Mr. President, the made by this section shall take effect on the definitely postponed the 1994 Taxpayer Com- package of amendments I have sent to first day of the first applicable pay period pliance Measurement Program, a program of the desk have been agreed to by both which begins on or after the later of October audits using random selection techniques (in sides. 1, 1998, or the 180th day following the date of this section referred to as ‘‘random audits’’); enactment of this section. (2) Congress, taxpayer groups, tax practi- This package includes the following (f) REGULATIONS.—Under regulations pre- tioners, and others criticized the program items: scribed by the Office of Personnel Manage- because of its cost to and burden on tax- Language regarding antique firearms ment, a firefighter subject to section 5545b of payers; regulation and an exemption for muz- title 5, United States Code, as added by this (3) there is no law preventing the Internal zle loader firearms under the Gun Con- section, whose regular tours of duty average Revenue Service from resuming its Taxpayer trol Act; 60 hours or less per workweek and do not in- Compliance Measurement Program; and A technical correction regarding the clude a basic 40-hour workweek, shall, upon (4) random audits may be overly burden- implementation of this section, be granted Federal Financing Bank in order to re- some on taxpayers, particularly low-income flect the true amount of debt accumu- an increase in basic pay equal to 2 step-in- taxpayers. creases of the applicable General Schedule (b) SENSE OF THE SENATE.—It is the sense lated; grade, and such increase shall not be an of the Senate that— Senator SARBANES language reform- equivalent increase in pay. If such increase (1) the Internal Revenue Service should ing Federal firefighter overtime pay; results in a change to a longer waiting pe- make it a top priority to ensure fairness to Senators COCHRAN and STEVENS lan- riod for the firefighter’s next step increase, taxpayers when selecting returns for audit; the firefighter shall be credited with an addi- guage on the Postal Service providing (2) the Senate does not approve of the use tional year of service for the purpose of such an annual report regarding inter- of random audits of the general population of waiting period. If such increase results in a national postal services; taxpayers or tax returns; and rate of basic pay which is above the maxi- A sense-of-the-Senate from Senator (3) the Internal Revenue Service should not mum rate of the applicable grade, such re- COVERDELL regarding the IRS and ran- sulting pay rate shall be treated as a re- conduct random audits of the general popu- lation of taxpayers or tax returns. dom audits; tained rate of basic pay in accordance with Finally, the last is language changes section 5363 of title 5, United States Code. AMENDMENT NO. 3346 (g) NO REDUCTION IN REGULAR PAY.—Under (Purpose: To make modifications to relating to the drug czar’s office media regulations prescribed by the Office of Per- language in Title III) campaign and the programmatic goals sonnel Management, the regular pay (over At the appropriate place, strike and insert of this campaign. the established work scheduling cycle) of a the following: I yield to Senator KOHL. firefighter subject to section 5545b of title 5, On Page 40, line 25, after the word ‘‘cam- Mr. KOHL. Mr. President, these are United States Code, as added by this section, paign,’’ strike through Page 41, line 16 very good amendments. I support the shall not be reduced as a result of the imple- through ‘‘campaign,’’ and insert in lieu mentation of this section. amendments fully. thereof ‘‘(3) ONDCP, or any agent acting on Mr. CAMPBELL. Mr. President, I ask AMENDMENT NO. 3344 its behalf, may not obligate any funds for unanimous consent that these amend- (Purpose: To amend chapter 36 of title 39, the creative development of advertisements United States Code, to provide for an an- from for-profit organizations, not including ments be agreed to en bloc and that the nual report on international services of the out-of-pocket production costs and talent re- motions to reconsider be laid upon the Postal Service) use payments, unless (a) the advertisements table. At the appropriate place at the end of title are intended to reach a minority, ethnic or The PRESIDING OFFICER. Without VI, insert the following: other special audience that cannot be ob- objection, it is so ordered. SEC. ll. INTERNATIONAL MAIL REPORTING RE- tained on a pro bono basis within the time The amendments (Nos. 3341 through QUIREMENT. frames required by ONDCP’s advertising and 3346) were agreed to. (a) IN GENERAL.—Chapter 36 of title 39, buying agencies, and (b) it receives prior ap- AMENDMENT NO. 3347 United States Code, is amended by adding proval from the Senate Committee on Appro- after section 3662 the following: priations, (4) ONDCP will secure corporate (Purpose: To insert an omitted funding total in Title IV) ‘‘§ 3663. Annual report on international serv- sponsorship equaling 40 percent of the appro- ices priated amount in fiscal year 1999, the defini- Mr. CAMPBELL. Mr. President, I ‘‘(a) Not later than July 1 of each year, the tion of which is a contribution that is not re- send an amendment to the desk. Postal Rate Commission shall transmit to ceived as a result of leveraging funds to re- The PRESIDING OFFICER. The each House of Congress a comprehensive re- ceive said sponsorship, corporate sponsorship clerk will report. port of the costs, revenues, and volumes ac- equaling 60 percent of the appropriated The assistant legislative clerk read crued by the Postal Service in connection amount in fiscal year 2000, corporate spon- as follows: with mail matter conveyed between the sorship equaling 80 percent of the appro- United States and other countries for the priated amount in fiscal year 2001, corporate The Senator from Colorado (Mr. CAMP- previous fiscal year. sponsorship equaling 100 percent of the ap- BELL), for himself, and Mr. KOHL, proposes an ‘‘(b) Not later than March 15 of each year, propriated amount in fiscal year 2002, and amendment 3347. the Postal Service shall provide to the Post- will report quarterly on its efforts to meet Mr. CAMPBELL. Mr. President, I ask al Rate Commission such data as the Com- this goal, (5) ONDCP is mandated to use ap- unanimous consent that reading of the mission may require to prepare the report propriated funds solely to fund the anti-drug amendment be dispensed with. required under subsection (a) of this section. media campaign to include only the pur- The PRESIDING OFFICER. Without Data shall be provided in sufficient detail to chase of media time and space, talent re-use enable the Commission to analyze the costs, payments, out-of-pocket advertising produc- objection, it is so ordered. revenues, and volumes for each international tion costs, testing and evaluation of adver- The amendment is as follows: mail product or service, under the methods tising, evaluation of the effectiveness of the At the appropriate place, insert the follow- determined appropriate by the Commission media campaign, the negotiated fees for the ing: On page 45, line 21 after ‘‘U.S.C. 490(f)), for the analysis of rates for domestic mail.’’. winning bidder on the request for proposal the ’’ insert ‘‘$508,752,000 to be deposited into (b) TECHNICAL AND CONFORMING AMEND- recently issued by ONDCP, partnership with the Fund. The’’. MENT.—The table of sections for chapter 63 of community, civic, and professional groups, Mr. CAMPBELL. Mr. President, this title 39, United States Code, is amended by and government organizations related to the adding after the item relating to section 3662 amendment makes a technical correc- media campaign, entertainment industry tion to title IV under the General Serv- the following: collaborations to fashion anti-drug messages ‘‘3663. Annual report on international serv- in movies, television programming, and pop- ices Administration’s Federal Build- ices.’’. ular music, interactive (Internet and new) ings Fund to list the amount we are ap- AMENDMENT NO. 3345 media projects/activities, public information propriating in this fund. (Purpose: To express the sense of the Senate (News Media Outreach), and corporate spon- Mr. KOHL. Mr. President, I support on the use of random selection of returns sorship/participation, (6) ONDCP shall not this amendment. for examination by the Internal Revenue obligate funds provided for the national The PRESIDING OFFICER. Without Service) media campaign for fiscal year 1999 until objection, the amendment is agreed to. At the appropriate place at the end of title ONDCP has submitted the evaluation and re- The amendment (No. 3347) was agreed I, insert the following: sults of Phase I of the campaign to the Sen- ate Committee on Appropriations, and may to. SEC. ll. SENSE OF THE SENATE ON THE USE OF Mr. CAMPBELL. Mr. President, I RANDOM SELECTION OF RETURNS obligate up to 75 percent of these funds until FOR EXAMINATION BY THE INTER- ONDCP has submitted the evaluation and re- suggest the absence of a quorum. NAL REVENUE SERVICE. sults of Phase I of the campaign to the Com- The PRESIDING OFFICER. The (a) FINDINGS.—The Senate finds that— mittees,’’ clerk will call the roll. S9104 CONGRESSIONAL RECORD — SENATE July 28, 1998 The assistant legislative clerk pro- Bureau of the Budget Bulletin 55–4 was herently governmental activities, rath- ceeded to call the roll. issued, and there was no further action er than produce goods and services that Mr. SANTORUM. Mr. President, I taken. can otherwise be performed in and ob- ask unanimous consent that the order To make a relatively long story tained from the private sector. for the quorum call be rescinded. short, all the administrations since Among the problems we have seen The PRESIDING OFFICER. Without that time in one way or another have with Circular A–76 is (1) agencies do objection, it is so ordered. endorsed the idea of taking those not develop accurate inventories of ac- f things that could at least as well be tivities (2) they do not conduct the re- done in the private sector as in the views outlined in the Circular, (3) when RECESS Government, allowing for some com- reviews are conducted they drag out The PRESIDING OFFICER. Under petition. over extended periods of time and (4) the previous order, the Senate will There is a circular now called A–76 the criteria for the reviews are not fair stand in recess until the hour of 12:15 which has been endorsed since 1955. Un- and equitable. These are complaints we p.m. fortunately, it hasn’t been enforced. heard from the private sector, govern- Thereupon, at 11:54 a.m., the Senate Unfortunately, when it is only a bul- ment employees, and in some cases recessed until 12:15 p.m.; whereupon, letin or Executive order, there is no from both. the Senate reassembled when called to real appeal process. What we are seek- In the 1980’s our former colleague order by the Presiding Officer (Mr. SES- ing to do is to put that concept into Senator Warren Rudman first intro- SIONS). statute—it has now been approved by duced the ‘‘Freedom from Government The PRESIDING OFFICER. The the committee in the Senate; it has Competition Act’’ in the Senate. Later, pending business is the Treasury and been approved by the committee in the Representative JOHN J. DUNCAN, Jr. (R– General Government appropriations House—that would simply say to agen- TN) introduced similar legislation in bill, fiscal year 1999. cies, we want you to take an annual in- the House. I was a cosponsor of that Mr. THOMAS addressed the Chair. ventory of those kinds of things that bill when I served in the other body. The PRESIDING OFFICER. The Sen- you do, those that are commercial in Upon my election to the Senate in the ator from Wyoming. nature. There ought to be a fair oppor- 104th Congress, I introduced the com- Mr. THOMAS. Mr. President, I ask tunity for the private sector to seek to panion to Representative DUNCAN’s bill unanimous consent to speak as in compete in those areas. in the Senate. morning business for 5 minutes. Mr. President, we hope that that will On Wednesday, July 15, 1998 the Sen- The PRESIDING OFFICER. Without come before the Senate and the House ate Governmental Affairs Committee objection, it is so ordered. before this session is over; that it unanimously reported a version of S. f would, indeed, be put in statute, that 314 that is a result of many months of concept that has been there for a very discussions among both the majority FEDERAL ACTIVITIES INVENTORY long time, the notion simply being that and minority on the committee, OMB, REFORM ACT the taxpayers benefit from the cost, Federal employee unions and private Mr. THOMAS. Mr. President, there and whoever can do this the most effi- sector organizations. The amendment are a number of things that many of us ciently, whether it be mapping, wheth- in the nature of a substitute offered by feel to be very important in terms of er it be laboratory work, whether it be Chairman FRED THOMPSON and ap- principles. One of them is federalism, all kinds of things that are often and proved by the committee is a consensus of course—making the appropriate di- always done in the private sector, that and a compromise. vision between those things that are can be done better and more efficiently It is important to point out that the done in State government and those there, will, indeed, be done there. bill that I introduced in the 104th Con- things that are done in local govern- To reiterate, that policy is now found gress was an attempt to codify the ment, and the role of Federal Govern- in OMB Circular A–76 and has been en- original 1955 policy that the govern- ment. Another, it seems to me, is to do dorsed by every administration, of both ment should rely on the private sector. those things that can be done in the parties, since 1955. However, the degree After a hearing on that bill was con- private sector, and that has, indeed, of enthusiasm for implementation of vened by Senator STEVENS, during his been the policy of this Government for the circular has varied from one ad- tenure as chairman of the Committee a very long time. ministration to another. In fact, the on Governmental Affairs, it became I rise today to express my deep ap- issue of government competition has clear to me that it was necessary to preciation for the members of the Sen- become so pervasive that all three ses- add to the bill the concept of competi- ate Governmental Affairs Committee sions of the White House Conference on tion to determine whether government and staff for their time and effort in Small Business, held in 1980, 1986 and performance or private sector perform- developing a consensus on my legisla- 1995, ranked this as one of the top prob- ance resulted in the best value to the tion to codify this 40-year-old Federal lems facing America’s small busi- American taxpayer. While S. 314 as in- principle that has been in place. nesses. According to testimony we re- troduced, and H.R. 716 introduced in In the beginning of this Congress, I ceived, it is estimated that more than the House, was still entitled the ‘‘Free- introduced S. 314, the Freedom from half a million Federal employees are dom from Government Competition Government Competition Act. This leg- engaged in activities that are commer- Act,’’ it in fact not only did not pre- islation is an attempt to put in statute cial in nature. vent government competition, but it a workable process by which the Fed- However, the purpose of my legisla- mandated it. This was not a change eral Government utilizes the private tion is not to bash Federal employees. that private sector organizations came sector to do those things that are com- I believe most are motivated by public to comfortably support. However, inas- mercial in nature. This, indeed, has service and are dedicated individuals. much as OMB Circular A–76 changed been the policy of the Government for However, from a policy standpoint, I through the years from its original 1955 a very long time. In fact, as early as believe we have gone too far in defining philosophical statement to its more re- 1932, Congress first became aware of the role of government and the private cent iterations that required public- the fact that the Federal Government sector in our economy. Because A–76 is private competition, I revised my bill was starting to carry out activities of nonbinding and discretionary on the when introducing it last year to in- a commercial nature and said that is part of agencies, too many commercial clude such competitions, provided they not necessary and we should not do activities have been started and carried in fact are conducted and that when that. out in Federal agencies. Because A–76 conducted, they are fair and equitable In 1954, a bill to address the issue is not statutory, Congress has failed to comparisons carried out on a level passed the House and was reported by exercise its oversight responsibilities. playing field. the Committee on Governmental Af- Further, by leaving ‘‘make or buy’’ de- I would also hasten to add that the fairs. At that time, the Eisenhower ad- cisions to agency managers, there has measure reported by the Senate Gov- ministration said that we would take been no means to assure that agencies ernmental Affairs Committee, which I care of it administratively. Therefore, ‘‘govern’’ or restrict themselves to in- hope will be promptly approved by the July 28, 1998 CONGRESSIONAL RECORD — SENATE S9105 full Senate, is significantly different petition is conducted on a level playing fective date of the ban to allow those than S. 314 as introduced. While S. 314 field. clips which had a bill of lading on them as introduced was opposed by the ad- Another issue that I have been con- to enter the country and to allow deal- ministration and by the Federal em- cerned about is the proliferation of ers to recover their expenses by selling ployee unions, the compromise meas- Interservice Support Agreement’s off their existing stocks. The same ure reported from the committee is not (ISSA’s). Under the ‘‘FAIR’’ Act, con- thing existed for assault weapons opposed by these groups. sistent with the Economy Act (31 themselves. Mr. President, this is important leg- U.S.C. 1535), items on the commercial islation that I believe will truly result inventory that have not been reviewed The President and Secretary of the in a government that works better and may not be performed for another fed- Treasury closed this loophole through costs less. Certainly government agen- eral agency. In addition, any item on his executive decision which used the cy officials should have the ability to the inventory cannot be provided to 1968 law, which said that any weapon contract with the private sector for state or local governments unless there imported into this country must meet goods and services needed for the con- is a certification, pursuant to the a sporting use test. And 1.6 million of duct of government activities. This bill Intergovernmental Cooperation Act (31 these semiautomatic assault weapons will not inhibit ability. However, it U.S.C. 6505(a)). were essentially cut off from importa- should not be the practice of the gov- Enactment of the ‘‘FAIR’’ Act is a tion. The thrust of the legislation was ernment to carry on commercial ac- major achievement because it codifies to eliminate the supply over time —not tivities for months, years, even decades a process to assure government reli- to prohibit possession, but over time, without reviewing whether such activi- ance on the private sector to the maxi- because there are so many of these ties can be carried out in a more cost mum extent feasible. Further, it will weapons and clips in this country now, effective or efficient manner by the put some teeth into Executive Order to cut down on their supply. private sector. I believe that the drive 12615 issued by President Reagan, I will never forget, because the dis- to reduce the size and scope of the Fed- which is still on the books today. tinguished Senator from Idaho did ap- eral Government will be successful Again, I thank the members of the Senate Governmental Affairs Commit- proach me on the floor—we were stand- only when we force the government to ing right down in the well; I remember do less and allow the private sector to tee and the committee’s staff, for all of the hard work necessary to forge this it as clear as if it was yesterday, al- do more. though it was almost 5 years ago—and During the course of our hearings, it compromise. I look forward to working became abundantly clear that there are with them on thorough congressional indicated that he was concerned about certain activities that the Federal Gov- oversight on the implementation of weapons that had a bill of lading on ernment has performed in-house which this bill. them which had been manufactured can and should be converted to the pri- I yield the floor. pre-assault weapons ban and which vate sector. Areas such as architecture, Mrs. FEINSTEIN addressed the were in the process of transit into this engineering, surveying and mapping, Chair. country. The PRESIDING OFFICER. The Sen- laboratory testing, information tech- My point, Mr. President, is that now, ator from California. nology, and laundry services have no Mrs. FEINSTEIN. I thank the Chair. 4 or 5 years later, the existing supply of place in government. These activities f these clips surely has been used up. should be promptly transitioned to the However, foreign clips have continued TREASURY AND GENERAL GOV- private sector. to pour into the United States. There are other activities in which a ERNMENT APPROPRIATIONS ACT, From July of 1996 to March of 1998, public-private competition should be 1999 the Bureau of Alcohol, Tobacco and conducted to determine which provider The Senate continued with the con- can deliver the best value to the tax- sideration of the bill. Firearms approved 2,500,000 large-ca- payer. This includes base and facility Mrs. FEINSTEIN. Mr. President, fol- pacity clips for importation into this operation, campgrounds, and auction- lowing my remarks, it will be my in- country. ing. tention to offer an amendment to close Recently, that number has sky- There are several key provisions in a gaping loophole in legislation which rocketed even further. In just the last the bill upon which I would like to we passed 4 years ago to make the 5 months, BATF has approved permits comment. In particular, section 2(d) re- streets of this country safe. That spe- for 8.1 million large-capacity clips for quires the head of an agency to review cific legislation was legislation that importation into America. That rep- the activities on his or her list of com- prohibited the manufacture and sale of resents a 314-percent increase in one- mercial activities ‘‘within a reasonable 19 commonly used assault weapons, fourth of the time. time’’. OMB strongly opposed a legisla- semiautomatic assault weapons, that These clips have been approved to tive timetable for conducting these re- have been used to kill police, used by come through at least 20 different views. As a result of the compromise grievance killers, used by gangs, used countries. It is difficult to know the language on this matter, it will be in- by cartels, used by drive-by shooters. cumbent on OMB to make certain The legislation also contained provi- place of manufacture, but they come these reviews are indeed conducted in a sions that sought to eliminate the sale through 20 different countries into this reasonable time frame. These reviews and transfer of the high-capacity clips country. should be scheduled and completed and magazines that would hold more I would like to just quickly go within months, not years. I will per- than 10 rounds of ammunition. And, in through the countries that they come sonally monitor progress on this mat- fact, today it is illegal in this country through. And there are some interest- ter, as will the Governmental Affairs to domestically manufacture and sell a ing things. Austria, Belgium, Chile, Committee. I urge OMB to exercise new clip, drum or strip that was made Costa Rica, Czech Republic, Denmark, strong oversight to assure timely im- in this country, except to the military, England—and clips manufactured plementation of this requirement by police, or for nuclear power plant pro- somewhere abroad come through Great the agencies. tection. It has become evident that Britain; there are actually 250-round This provision also requires that though this legislation has been suc- magazines—250-round magazines—for agencies use a ‘‘competitive process’’ cessful in reducing the criminal use of sale in this country and 177-round mag- to select the source of goods or serv- the 19 banned assault weapons, the pro- azines for sale in this country—Ger- ices. In my view, this term has the visions in this law aimed at reducing many, Greece, Hungary, Indonesia, same meaning as ‘‘competitive proce- the availability of these large-capacity Israel, Italy, Nicaragua, South Africa, dure’’ as defined in Federal law (10 ammunition feeding devices have been Switzerland, Taiwan, and Zimbabwe. U.S.C. 2302(2) and 41 U.S.C. 259(b)). To rendered ineffective. the extent that a government agency At the request of the distinguished So the total is 8.8 million in two competes for work under this section of Senator from Idaho, who was on the years approved to come in. the bill, the government agency will be floor a moment ago, the 1994 law grand- Unfortunately, there is virtually no treated as any other contractor or of- fathered existing high-capacity clips reliable method to determine the date feror in order to assure that the com- which were manufactured before the ef- of manufacture on the millions of clips S9106 CONGRESSIONAL RECORD — SENATE July 28, 1998 that the BATF has estimated are in magazines, just as U.S. domestic manu- he fired from the rifle indiscrimi- circulation now in the United States. facturers have been stopped from pro- nately, and it was not until he emptied The inability to determine the date of ducing these magazines. This amend- the 50-round clip that several of his manufacture is particularly true re- ment would not—I repeat, not—ban classmates were able to tackle and sub- garding the foreign importation of further domestic sales and possession due him. large-capacity magazines because of large-capacity clips which are al- In March of this year, Jonesboro, AR: BATF has no ability to independently ready legally in the United States. 15-round clips. Two middle school stu- determine whether such clips imported There are tens of millions of these al- dents ambush classmates. Two stu- into the country are legal or illegal. It ready. dents, age 11 and age 13, pulled the fire has allowed the continued importation Now, let’s talk about who uses these alarm in their school in order to draw of clips represented to be manufactured high-capacity clips. I pointed out, com- their classmates outside. The boys lay before the assault weapons ban took ing through Great Britain, there were in wait and ambushed the other stu- place. ammunition-feeding devices carrying dents when they got outside. They Let me show you how this happened. 250 rounds. You can expel 250 rounds fired 24 shots into the crowd, 15 of Here is a clip from Shotgun News, before you have to reload. Do hunters which came from a Universal carbine dated February 1998: ‘‘Banned use them? Do marksmen use them? Do rifle with a 15-round clip. The shots semiautomatics, Bulgarian SLR 95. 1 skeet shooters use them? Do Olympic from the rifle were fired as fast as the free 40-rd magazine with each pur- team members use them? shooter could pull the trigger. chase.’’ Let’s take hunters. The answer is no, February of this year, New Orleans, Here is another one: ‘‘Quality re- hunters don’t use them. Most States LA: A 30-round clip. Police recover 30- placements, 30 rounds, the choice of limit the magazine capacity allowed round clip after chase. After a routine the Canadian military. Will not bend or for hunting, usually eight rounds or traffic stop, a man led police on a 3- rust, $8.99 a clip.’’ less. Federal law clearly outlines the mile chase during which he pointed a 9- Here is where you see the impact of, ammunition magazine size limits for millimeter assault pistol with a 30- now, the foreign rounds: ‘‘30-rd East bird shooting. Federal law does not round clip. German’’—East German-made— allow the use of a shotgun that has a And then it goes on and on and on. ‘‘Ribbed back, AK–47 magazines, $7.99.’’ capacity of more than three shells—one Elmhurst, NY, 30-round clip. Indianap- Here is one: An ‘‘AK magazine spe- in the chamber and two in the maga- olis, 30-round clip; traffic stop pulls the cial,’’ coming with the pouch, ‘‘includ- zine—when hunting migratory game weapon. Orange, CA, 30-round clip; dis- ing 4 Chinese AK–47 30-rd magazines birds. gruntled employee kills five with 30- with pouch, $27.50.’’ It also includes How about the Olympic team and round clip; five people were killed, and ‘‘four East German AK–47, 20 rd maga- other competitive shooters? No. a police officer was seriously wounded zines with a pouch, $29.95.’’ So who really uses these large-capac- when a disgruntled Caltrans employee Now, my staff called a shotgun store ity clips? Let me read a list of events began randomly firing from an AK–47S and asked to buy some of these maga- that have taken place fairly recently. with a 30-round clip. Denver, CO, last zines. The only question he was asked, July, 1998, earlier this month, Rio November, police officer killed by SKS ‘‘Is it legal to buy this stuff where you Hondo, TX, a killing spree leaves five with a 30-round clip; Denver police offi- are’’—he was in Washington, DC, where dead, including two Border Patrol offi- cer Bruce VanderJagt was killed by a it is not legal to own a gun, and he cers. In one day, 24-year-old Ernest barrage of gunfire from an SKS assault said, ‘‘I don t know, as far as I know it Moore killed four people in what police rifle as he chased a burglary suspect; is,’’ and they said, ‘‘We will send it to called a planned situation. He killed police later recovered the rifle and the you.’’ two people and wounded another in a 30-round clip. Magna, UT, police offi- My point is, you can get these big private residence. Police at the scene cers shot by SKS with 20-round clip. clips very easily—on the phone, by recovered an MK–70 assault rifle and a mail order. And because now the sup- 30-round clip. Approximately 30 min- It goes on and on and on. The point ply of the domestic clips is running utes later, Moore fired as many as 100 is, there are so many of these big clips out, most of the clips being sold in this rounds at law enforcement officers available in this Nation that they be- country are of foreign manufacture. So from a .223-caliber assault rifle. Two come the ammunition-feeding device of we have two sets. We have the domes- Border Patrol agents were killed at the choice for the grievance killer, the per- tic manufacturers prohibited. We have scene and a sheriff’s deputy was wound- son going up against police, the gang the sale and transfer of new clips pro- ed. that wants to engage in intimidation, hibited. And you have the grandfather That is who uses these big clips. drive-by shootings, the cartels—these clause creating this gigantic loophole June 17, Coeur d’Alene, ID: A State are the weapons of choice, and the which allows these big clips to con- trooper ambushed by merciless assas- weapons of choice are useless if you tinue to come into the country. sin. State trooper Linda Huff was am- don’t have that big-round clip. In April of this year, President Clin- bushed and killed by a man wielding a What are we seeing? Five months and ton and Treasury Secretary Rubin 9-millimeter pistol with a 15-round 8.1 million of these receiving approval closed one loophole created by this clip. Police were not immediately cer- to come into this country because grandfather clause by blocking further tain why 34-year-old Scott David BATF could not assert when they were importation of modified semiautomatic Yeager bicycled to the police station manufactured. BATF can’t go to an- assault weapons. About 30 of us sent and fired 17 rounds at Huff in the rear other country to check a factory sup- him a letter. We pointed out there were parking lot. Investigators say Yeager ply. Therefore, an understanding that I 1.6 million of these which received ap- fired all 15 rounds from one 15-round have with the distinguished Senator proval that were coming in from all clip, disposed of it, reloaded, and con- from Idaho—and I am pleased he is on over the world. The Treasury Depart- tinued to fire. the floor now; these would apply to ment looked at the 1968 law, which re- In May of this year, Springfield, OR: clips or weapons that had bills of lad- quires all imported weapons to meet a A 50-round clip. High school student ing attached to them—is clearly not sporting test, and decided that they kills four, injures dozens. After killing the case today. Bills of lading that don’t meet this sporting test, and his parents, went on a shooting spree preexisted a 4-year-old piece of legisla- therefore the Executive order is in at his high school—most of us are fa- tion now. The time has come to close place and this importation has been miliar with this. To carry out his fatal this grandfather clause. prohibited. The remaining loophole to assault, he used a Ruger 10.22 hunting Now, a number of the tragedies that close is this loophole for the big clips. rifle, a Ruger .22 caliber handgun and a I have just indicated probably would The amendment that we will shortly Glock model 19. Found attached to the have occurred without the availability offer will do just that. rifle, a traditional hunting gun, was an of killer clips. Some are fond of saying, So the change to the law that I have empty 50-round clip and found on the ‘‘Guns don’t kill, people do.’’ Yes, that proposed is simple: It would bar further student were four 30-round clips and is true. But I don’t think ever before in imports of large-capacity clips and two 20-round clips. During the attack, the history of this Nation we have ever July 28, 1998 CONGRESSIONAL RECORD — SENATE S9107 had a time when more weapons of de- wounded. And no one could get to him I further announce that, if present struction were falling into the hands of to disarm him. In this case, I don’t and voting, the Senator from Iowa (Mr. children. know whether these are domestic or HARKIN) would vote ‘‘no.’’ The case that really struck me was a foreign made clips. The result was announced—yeas 54, case in Memphis, TN, when a 5-year-old The point I want to make is that the nays 44, as follows: took a loaded weapon to school to kill large number, the incredible fire power [Rollcall Vote No. 240 Leg.] a teacher who had given that young- and the lack of sanity seemed to pre- YEAS—54 ster a ‘‘time out’’ the day before. vail. Abraham Faircloth McCain All we are trying to do is close the AMENDMENT NO. 3351 Allard Frist McConnell grandfather clause, say all of the clips (Purpose: To ban the importation of large Ashcroft Gorton Murkowski that were in transit on the day we capacity ammunition feeding devices) Baucus Gramm Nickles Bennett Grams Roberts passed this legislation, 4 years ago, Mrs. FEINSTEIN. Mr. President, I Bingaman Grassley Roth have been used up, and now is the time send an amendment to the desk and Bond Gregg Santorum to close the loophole. ask for its immediate consideration. Breaux Hagel Sessions Interestingly enough, some have told Brownback Hatch Shelby The PRESIDING OFFICER. The Burns Hollings Smith (NH) me, and Members of this body have clerk will report. Campbell Hutchinson Smith (OR) told me, ‘‘Well, we know people who The legislative clerk read as follows: Coats Hutchison Snowe Cochran Inhofe Specter like to use them plinking.’’ They told The Senator from California [Mrs. FEIN- Collins Kempthorne Stevens me, ‘‘Yes, I like to use them plinking.’’ STEIN] proposes an amendment numbered Coverdell Kyl Thomas Well, we are not taking away any- 3351. Craig Leahy Thompson body’s right to possess or to plink. Mrs. FEINSTEIN. Mr. President, I Domenici Lott Thurmond There are plenty of clips around for ask unanimous consent that reading of Enzi Mack Warner plinking. What we are trying to do is the amendment be dispensed with. NAYS—44 stop what is now a massive flood of The PRESIDING OFFICER. Without Akaka Feingold Lieberman clips, even those that now carry 250 objection, it is so ordered. Biden Feinstein Lugar rounds in these magazines, from com- The amendment is as follows: Boxer Ford Mikulski On page 104, between lines 21 and 22, insert Bryan Glenn Moseley-Braun ing into this country. Bumpers Graham Moynihan I don’t like to do this amendment, the following: Byrd Inouye Murray frankly, this day, because this is a sol- SEC. 644. BAN ON IMPORTING LARGE CAPACITY Chafee Jeffords Reed AMMUNITION FEEDING DEVICES. Cleland Johnson Reid emn day and I don’t like to mix the (a) SHORT TITLE.—This section may be Conrad Kennedy Robb two. Unfortunately, the Treasury-Post- cited as the ‘‘Large Capacity Clip Ban of D’Amato Kerrey Rockefeller al bill is on the floor at this time, and 1998’’. Daschle Kerry Sarbanes this is an opportunity to move the (b) BAN ON IMPORTING LARGE CAPACITY AM- DeWine Kohl Torricelli Dodd Landrieu Wellstone MUNITION FEEDING DEVICES.—Section 922(w) amendment. Dorgan Lautenberg Wyden I hope that those who know the in- of title 18, United States Code, is amended— Durbin Levin (1) in paragraph (1), by striking ‘‘(1) Except tent of the grandfather clause to only NOT VOTING—2 affect those guns and clips that were in as provided in paragraph (2)’’ and inserting ‘‘(1)(A) Except as provided in subparagraph Harkin Helms transit at the time of the enactment of (B)’’; The motion to lay on the table the the legislation—something that I (2) in paragraph (2), by striking ‘‘(2) Para- agreed to because I thought it was graph (1)’’ and inserting ‘‘(B) Subparagraph amendment (No. 3351) was agreed to. fair—will agree to let this legislation (A)’’; Mr. CAMPBELL. Mr. President, I go into place. It will not take a clip out (3) by inserting before paragraph (3) the move to reconsider the vote. of anyone’s hands; it will not prohibit following: Mr. CRAIG. I move to lay that mo- possession. Domestic manufacturers of ‘‘(2) It shall be unlawful for any person to tion on the table. import a large capacity ammunition feeding The motion to lay on the table was ammunition feeding devices, today, device.’’; and agreed to. cannot manufacture clips for general (4) in paragraph (4)— AMENDMENT NO. 3352 sale that are in excess of 10 bullets. We (A) by striking ‘‘(1)’’ each place it appears know they are not used in hunting, but and inserting ‘‘(1)(A)’’; and (Purpose: To provide for greater access to we do know that in case after case they (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. child care services for Federal employees) are used to kill police officers, they are (c) CONFORMING AMENDMENT.—Section Mr. CAMPBELL. I send an amend- used to kill employees, used by griev- 921(a)(31) of title 18, United States Code, is ment to the desk on behalf of Ms. amended by striking ‘‘manufactured after LANDRIEU and ask for its immediate ance killers, drive-by shooters, drug the date of enactment of the Violent Crime gangs, cartels, etc. The real question in consideration. Control and Law Enforcement Act of 1994’’. The PRESIDING OFFICER. The my mind is: Do the rights of the major- Mr. CAMPBELL addressed the Chair. ity outweigh the rights of those few clerk will report. The PRESIDING OFFICER. The Sen- The bill clerk read as follows: who would like to plink, who would ator from Colorado. like to continue the flood of weapons The Senator from Colorado [Mr. CAMP- Mr. CAMPBELL. Mr. President, I BELL], for Ms. LANDRIEU, proposes an amend- coming into this country? There is no move to table the Feinstein amend- ment numbered 3352. civilized, industrialized power on Earth ment and ask for the yeas and nays. Mr. CAMPBELL. Mr. President, I ask in which there are more weapons or in The PRESIDING OFFICER. Is there a unanimous consent that reading of the which there are more of these big clips sufficient second? amendment be dispensed with. floating around. There is a sufficient second. The PRESIDING OFFICER. Without The instant case that really jetti- The yeas and nays were ordered. objection, it is so ordered. soned me into the assault weapons leg- The PRESIDING OFFICER. The The amendment is as follows: islation was the 1994 case of Luigi question is on agreeing to the motion Ferri, who had Tec-9 copycats and a 9 At the appropriate place in title VI, insert to table the Feinstein amendment. the following: millimeter pistol. When he went into The clerk will call the roll. SEC. ll. CHILD CARE SERVICES FOR FEDERAL 101 California Street, this was his array The legislative clerk called the roll. EMPLOYEES. of ammunition-feeding devices that he Mr. NICKLES. I announce that the (a) IN GENERAL.—An Executive agency brought with him. He carried with him Senator from North Carolina (Mr. which provides or proposes to provide child 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, HELMS) is absent because of illness. care services for Federal employees may use 16, 17, 18, 19, 20, 21, 22, 23, 24, 25—25 dif- I further announce that, if present agency funds to provide child care, in a Fed- ferent ammunition feeding devices, and voting, the Senator from North eral or leased facility, or through contract, for civilian employees of such agency. with enough rounds that exceeded 500 Carolina (Mr. HELMS) would vote (b) AFFORDABILITY.—Amounts provided rounds. I think it was actually over a ‘‘aye.’’ under subsection (a) with respect to any fa- thousand rounds of ammunition used Mr. FORD. I announce that the Sen- cility or contractor described in such sub- to do his dastardly deed. Indeed, he left ator from Iowa (Mr. HARKIN) is absent section shall be applied to improve the af- 8 people dead and about 14 people due to a death in the family. fordability of child care for lower income S9108 CONGRESSIONAL RECORD — SENATE July 28, 1998 Federal employees using or seeking to use the date of enactment of this Act, to include First of all, it requires that the Sec- the child care services offered by such facil- the use of forced or indentured child labor in retary of Labor publish a list of items ity or contractor. mining, production, or manufacturing as a that might have been produced by child (c) REGULATIONS.—The Office of Personnel cause on the lists of causes for debarment labor—‘‘might have been produced’’ by Management and the General Services Ad- and suspension from contracting with execu- ministration shall, within 180 days after the tive agencies that are set forth in the regula- child labor. I am not sure whether or date of enactment of this Act, issue regula- tion. not there is another provision in the tions necessary to carry out this section. Mr. THOMPSON. Mr. President, this law that places a requirement on peo- (d) DEFINITION.—For purposes of this sec- amendment addresses a certain provi- ple based upon the determination that tion, the term ‘‘Executive agency’’ has the sion in the Postal-Treasury appropria- certain items might have had a certain meaning given such term by section 105 of tions bill at section 642. It is a section origin, or anything of that nature. But title 5, United States Code, but does not in- be that as it may, there is nothing clude the General Accounting Office. that deals with procurement policies. It is a section that deals with a prob- wrong with putting something on a list Mr. CAMPBELL. Mr. President, this lem of goods that are produced by child in and of itself. is an amendment which has been labor—a problem about which we are Then the provision says that the cleared by both sides of the aisle. This all sensitive. I do think that this provi- Government may not require an item amendment is about child care services sion should not be in this bill. I offer on that list unless the person or com- for children of Federal employees, this amendment to amend the provi- pany providing the goods or services which allows agencies to provide child sion, leaving in the portion that ad- certify that it was not a product of care at an affordable cost. dresses the child labor issue, but tak- child labor. In other words, apparently the best Mr. KOHL. Mr. President, we support ing out certain portions that I believe the Government can do, or the require- this amendment fully. are clearly unconstitutional and ment that the Government has, is sim- THE PRESIDING OFFICER. If there unneeded. be no further debate, the question is on In the first place, Mr. President, this ply to come up with whether or not an agreeing to the amendment. is an area of some complexity—the pro- item might have been produced by The amendment (No. 3352) was agreed curement laws and regulations of this child labor. But then the supplier of to. country. It is an area that is within the the goods has to certify, based on that Mr. CAMPBELL. Mr. President, I jurisdiction of the Governmental Af- list, that in fact it was not produced by move to reconsider the vote. fairs Committee, of which I am chair- child labor. Then, 642 goes on to say that the con- Mr. KOHL. I move to lay that motion man. Our committee has spent a good tract may be terminated based upon on the table. deal of time dealing with this issue. We violation of this provision and that the The motion to lay on the table was have passed legislation over the last contractor may be disbarred. agreed to. two Congresses that deal with our pro- Mr. CAMPBELL. Mr. President, I So far, so good, although this is, I be- curement policies in this country. We lieve, very, very troublesome language suggest the absence of a quorum. have passed the Federal Acquisition that is used here. But so far, so good. The PRESIDING OFFICER. The Streamlining Act of 1994—this is a pro- You are debarring someone. You are clerk will call the roll. vision that Senator GLENN sponsored— terminating the contract, if there is The assistant legislative clerk pro- and we passed the Clinger-Cohen Act of any indication that child labor is used. ceeded to call the roll. 1996—all dealing, at least in part, with I must point out that this activity is Mr. CAMPBELL. Mr. President, I ask the problem of Government procure- already not only grounds for debar- unanimous consent that the order for ment, and procurement practices and ment but a crime. It is already a crime the quorum call be rescinded. policies. I think, as most people who to place materials produced by child The PRESIDING OFFICER. Without deal with this realize, it is certainly a labor in interstate commerce, punish- objection, it is so ordered. balancing act. There are considerations able by a $10,000 fine per child em- Mr. CAMPBELL. Mr. President, at that have to be given to the contrac- ployee and 6 months imprisonment. this time, I yield time to Senator tors. There are considerations cer- In addition, under 18 U.S.C. 1581, who- THOMPSON for the purpose of submit- tainly that have to be given to the ever holds or returns any person to a ting an amendment. Government—what is fair. condition of peonage shall be fined not The PRESIDING OFFICER. The Sen- We want to place reasonable require- more than $5,000, or imprisoned not ator from Tennessee is recognized. ments and restrictions with regard to more than 5 years, or both. Mr. THOMPSON. Mr. President, I the practices and policies that the Gov- As far as the criminal law is con- thank my distinguished friend from ernment uses when they go out and ac- cerned, anyone who would be in a dis- Colorado. quire goods and services, and so forth. barment situation would be violating a AMENDMENT NO. 3353 Everyone comes in and gets a seat at very severe criminal law. (Purpose: To require the addition of use of the table, and we hash those things But, be that as it may, so we are du- forced or indentured child labor to the list out. We have been doing that in a free plicative. So what? What is the big of grounds on which a potential contractor and open debate for some time now. problem with that? may be debarred or suspended from eligi- We discover now that with regard to The biggest problem with all of this bility for award of a Federal Government this provision, instead of it going is not what I have been discussing so contract) through the regular process, instead of far, although as we see troublesome Mr. THOMPSON. Mr. President, I our having debate on the issue, and in- language duplicative, it is already a send an amendment to the desk and stead of us having a discussion on the criminal act in the Federal Acquisition ask for its immediate consideration. issue, we find that it winds up being a Regulations. It already has cause for The PRESIDING OFFICER. The substantive provision with regard to disbarment for the commission of any clerk will report. policies that apply across the board other offense indicating a lack of busi- The assistant legislative clerk read and winds up as a part of this appro- ness integrity or business honesty that as follows: priations bill. I do not believe that is a seriously and directly affects the re- The Senator from Tennessee [Mr. THOMP- good way to legislate. sponsibility of the Government con- SON] proposes an amendment numbered 3353. We hear a lot of times complaints tractor or subcontractor. Mr. THOMPSON. Mr. President, I ask about amendments on appropriations I can’t think of anything that would unanimous consent that reading of the bills. But here we actually have a pro- be more indicative of a lack of business amendment be dispensed with. vision within the appropriations bill integrity than using child labor. The PRESIDING OFFICER. Without which, as I say, really substantively So not only do we have a criminal objection, it is so ordered. addresses an issue not only under the act prohibiting this activity, but we The amendment is as follows: jurisdiction of the committee that has have a regulation now saying that you Strike out section 642 and insert in lieu been wrestling with this problem for can disbar on the basis of this activity. thereof the following: some time but without any really pub- But, again, as I say, so far, so good, SEC. 642. The Federal Acquisition Regula- lic discussion or debate. as far as I am concerned. So we are du- tion shall be revised, within 180 days after What does this 642 require? plicative. So we use vague language. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9109 The problem that is the major one in That is constitutionally suspect from quirements and burdens placed on this particular section has to do with the outset, according to the court them. the provision that is on CB, a capital cases. So the proper action would be to B, which says the following: That an Second, any official of the United bring this language back to the Gov- acquisition contract has to include the States can do it. ernmental Affairs Committee and con- following language: I don’t know if that includes me or sider it in the normal course of Senate A clause that obligates the contractor to not, or the staff. But any official of the business. But the fact remains that the cooperate fully and provide access for any of- United States, I guess from fire mar- language is pending before the Senate ficial of the United States to the contrac- shals to officials over at the Depart- so we must deal with it. tor’s records, documents, persons, or prem- ment of Energy, or whoever. So, Mr. President, I am offering an ises, if requested by the official for the pur- Third, there is no statutory proce- amendment which will give Federal pose of determining whether forced or inden- dure for challenging of the warrant at agencies the ability to debar or sus- tured child labor was used to mine, produce, all. Some of the statutes say that if the pend companies. And I repeat that. or manufacture any item furnished under concern refuses to consent to this kind This will give, if there is any ques- this contract. of process, search and seizure, there is tion—I don’t think there is any ques- I believe this is clearly unconstitu- a statute, a civil provision, whereby it tion that they have the ability to do tional. I know the intent was good. We can be contested. That is not here. that now. It is against the Federal law, all have the same intent with regard to Lastly, it is not just the premises and it is provided for in the FAR. But the end result here. But we have picked that we are talking about here, but it in case there is any question about out a particular area—not drug deal- has to do with all records and docu- that, my amendment will give Federal ing, not selling faulty parts for an air- ments and persons apparently that are agencies the ability to debar or sus- plane that crashes and kills our pilots, subject to this particular provision. It pend companies which use forced or in- and not faulty parts that go on ma- is a provision that has not been applied dentured child labor, but in a way that chines that kill our Armed Forces—all to and cannot constitutionally be ap- is consistent with the current procure- the terrible things that could happen. plied to the most heinous criminal ac- ment system of the delicate balance We have picked out one and have tivities imaginable. And although that has been worked out which has given some Government officials, any these are certainly reprehensible ac- specific regulatory history and due Government official, total, unlimited tivities we are dealing with, they can- process requirements, and not in the access to the books, records, and per- not amend the Constitution of the vague way that this language addresses sons of anyone whom they choose to United States with regard to all of the it. exercise that with regard to. various things for which a person or a Mr. President, I yield the floor. There is a body of law, of course, business can be debarred. Your imagi- Mr. KOHL addressed the Chair. with regard to unwarranted adminis- nation is the only limitation as to The PRESIDING OFFICER (Mr. trative searches. Under certain cir- what those things might be. There COATS). The Senator from Wisconsin. cumstances, warrantless administra- could be some very, very terrible Mr. KOHL. Mr. President, I request tive searches are permissible. But we things, as I indicated, and this is one of that we defer action on this issue until have to keep in mind that under those them. But here we have selected this Senator HARKIN, who has taken the circumstances, under the warrant particular activity and placed a burden lead on this issue, returns. He is away clause of the Constitution, there is no on the supplier of Government goods today in Minnesota at a funeral of his probable cause requirement. that, frankly, cannot withstand con- father-in-law. I understand he will be So these are dangerous things that stitutional scrutiny. back tonight, but I cannot be certain of the courts have said you have to be The bill in section 642 has an excep- that. It seems to me, until he is back careful with, and you have to have cer- tion, and it says that this section does to respond to Senator THOMPSON’s con- tain requirements in the statute giving not apply to a contract that is for the cerns, it would not be fair to take up you the right to carry out these procurement of any product, article, this amendment. So I request that this warrantless searches, if they are going material or supply containing a prod- amendment be laid aside at this time. to be constitutional. uct that is mined, produced or manu- The PRESIDING OFFICER. Is there First of all, the Government needs to factured in any foreign country or in- objection? Mr. THOMPSON. If the Senator will have a substantial interest. I think strumentality if the foreign country or yield, I have absolutely no objection. I that is covered here. instrumentality is a party to the was not aware of Senator HARKIN’s sit- Second, the regulation of the busi- agreement on Government procure- uation, and I will certainly defer it ness had to serve that interest. I am ment annexed to the WTO agreement. willing to concede that. In other words, this provision that I until he can be here. I have no objec- Third, statutory safeguards are need- have just been talking about does not tion. Mr. KOHL. I thank the Senator. ed to provide an adequate substitute apply to a foreign country if it is a The PRESIDING OFFICER. Without for a warrant requirement. party to the WTO agreement or a party objection, the amendment will be set We have a warrant requirement. to the North Atlantic Free Trade aside. Whether we are dealing with the most Agreement. As I understand this, if a Mr. CAMPBELL addressed the Chair. heinous criminal activity imaginable, country is a party to the WTO agree- The PRESIDING OFFICER. The Sen- we have generally been speaking about ment or is a signatory or a party to ator from Colorado. a warrant requirement, a due process NAFTA, they are not covered by this, Mr. CAMPBELL. While we have a few requirement, under the Constitution. and presumably goods coming from moments, I thought I would describe a But the courts have said that if you do that country would not be covered by couple of sections of this bill. One that not have that, if you are going to carry this, so a manufacturer in a country might be of interest to our colleagues out a warrantless administrative that is a part of NAFTA or WTO pre- deals with the vehicle program descrip- search, you have to have certain statu- sumably would not be covered by this. tion. tory safeguards. The United States of America is a This bill contains a significant They have discussed what they are. party to NAFTA, but goods emanating amount of funding for the Treasury’s None of them is here, Mr. President. from this country would not be covered law enforcement activities. Senator First of all, there is total discretion by this. Now, I am not sure in practical KOHL and myself are very strong sup- with regard to the Government official terms how this would work out or what porters of Treasury’s law enforcement as to which business he decides to kind of problems this would present, efforts. check on that day, or which individual. but I do not see why companies of a As our colleagues know, in our fiscal There is no probable cause require- foreign country should be exempted year 1998 bill, we included a request for ment, or no evidentiary requirement at from this law when companies from GAO to do a study on the utilization of all. He has total and complete discre- this country are targeted by this law vehicles by Treasury’s law enforcement tion under this language to decide and are having these, what I believe bureaus. I have to tell you at the out- which business he wants to check on. are fairly clearly unconstitutional, re- set, this committee does all it can to S9110 CONGRESSIONAL RECORD — SENATE July 28, 1998 ensure that the law enforcement taining the current fleet while replac- has not developed so rapidly, so exten- agents within Treasury are well ing the oldest, while not adding to the sion of this law appears to be war- equipped to do their duties. total number of vehicles in the fleet. ranted. However, when I became chairman of The rationale here is that the Treasury While the Department of Treasury the subcommittee, I noticed that all needs to put this management system has requested a permanent extension, law enforcement bureaus in Treasury in place before we appropriate addi- we propose a five year extension. A five would put forth requests for new vehi- tional moneys to purchase even more year extension allows us to study cles, stating that many of their vehi- new vehicles. I tell my colleagues, it is whether a permanent law is necessary, cles ‘‘were well above GSA standards,’’ a very plain and simple, good Govern- and whether non-detectable guns are which in this case means the speedom- ment provision. Senator KOHL and I really a possibility. eters said 100,000 miles or more on support law enforcement agents within But an extension is appropriate, espe- them. the Treasury, but I cannot imagine cially in light of recent events. Indeed, Upon further discussion with the bu- that each and every one of them will several years ago, it was reported that reaus, it became apparent that agents have a reasonable chance to be called the columnist Jack Anderson sneaked have door-to-door use of their vehicles. for duty every night. a ‘‘plastic gun’’ past security into the The rationale here was, if the law en- As an appropriator, I think it is my Capitol. More recently, the New York forcement officer is called for duty dur- responsibility to ask questions about Times reported that tiny guns made to ing their off-duty hours, they need to cost management, and we have told the look like ‘‘key chains’’ could get be able to reach the scene in a vehicle agencies that we will hold them ac- around metal detectors in Europe. which is up to law enforcement stand- countable for their costs. In this case, Mr. President, I send the amendment ards. it is vehicle usage which directly im- to the desk, and I ask for its immediate Having been a former law enforce- pacts the life of the vehicle and ulti- consideration. I ask for unanimous ment officer myself, as I mentioned mately the cost to the Government. consent that it be accepted. earlier in the day, I understand and During fiscal year 1998, the Department The PRESIDING OFFICER. The support that rationale that agents of the Treasury spent a great amount clerk will report the amendment. must have a vehicle in case they are of money for vehicle-related expenses. The legislative clerk read as follows: called to duty unexpectedly. But I do I believe this is a much-needed step, The Senator from Wisconsin [Mr. KOHL] have some difficulty with the fact that and I hope this new vehicle manage- proposes an amendment numbered 3355. it appears that all agents are getting ment program will improve Treasury’s Mr. KOHL. Mr. President, I ask unan- cars which they use for home-to-work ability to accurately project vehicle re- imous consent that the reading of the transportation, regardless of their posi- placement, maintenance, and need for amendment be dispensed with. tion, regardless of the probability of new vehicles. In addition, I hope the The PRESIDING OFFICER. Without being called while they are at home at Treasury’s program will include the objection, it is so ordered. all. impact that portal-to-portal usage has The amendment is as follows: The GAO study told us that there is on the maintenance or life of the vehi- On page 104, between lines 21 and 22, insert no consistent management of these ve- cle. We are certainly looking forward the following: hicles, nor is there any determination to working with the Treasury to put SEC. 644. EXTENSION OF SUNSET PROVISION. of need based on how likely it is for one this new system in place. Section 2(f)(2) of the Undetectable Fire- agent to be called to duty once at Mr. President, with that I yield the arms Act of 1988 (18 U.S.C. 922 note) is home. Many of our colleagues may not floor. amended by striking ‘‘(2)’’ and all that fol- know this, but when the Government AMENDMENT NO. 3355 lows through ‘‘10 years’’ and inserting the purchases a law enforcement vehicle, it (Purpose: To extend certain prohibitions following: is different from a vehicle that we relating to undetectable firearms) ‘‘(2) SUNSET.—Effective 15 years’’. drive on the highway. For example, it Mr. KOHL. Mr. President, I rise to The PRESIDING OFFICER. Is there has to be especially equipped with a offer an amendment to continue pro- further debate? larger engine, sometimes the springs or tecting our airports and our govern- Mr. CAMPBELL addressed the Chair. shocks are reworked, and they cer- ment buildings from terrorist threats. The PRESIDING OFFICER. The Sen- tainly have special radios, and it is not Our proposal would extend the already ator from Colorado. uncommon for this special equipment existing ban on undetectable fire- Mr. CAMPBELL. Mr. President, this to cost $10,000 or more per vehicle. arms—guns that don’t set off metal de- amendment is not new language, as Therefore, when the vehicles are used tectors—for five more years. Senator KOHL has alluded, because for transportation to and from work, In 1988, we passed the Undetectable under current law, there was an origi- the useful life of the vehicle is cer- Firearms Act to bar the manufacture, nal ban of 10 years. This simply ex- tainly decreased, and the Government sale, and possession of any firearm that tends that current language for an- carries the burden of replacing the ve- is not detectable by metal detectors or other 5 years. hicles sooner than they had planned. the type of x-ray machines commonly I have checked with the majority, Given our tighter budgets, I felt the used at airports. It passed unanimously and the people I have checked with so Treasury needed to get a handle on in the Senate. It was endorsed by the far are supportive of this amendment, how they manage this vehicle pool. NRA, and the NRA has no objection to but Senator HATCH has asked if we can This year alone, the Treasury re- this amendment being offered today. lay this amendment aside for a few quested approximately $30 million to At the time we passed this law, minutes because he would like to read acquire new vehicles. Currently, the ‘‘plastic’’ or undetectable guns were it more carefully, if that is acceptable bureau manages the usage terms of the not yet developed. But Congress was to Senator KOHL. vehicles and all the associated costs in concerned that technology might make Mr. KOHL. That is acceptable. a rather indiscriminate fashion. In ‘‘plastic’’ guns possible. Ten years The PRESIDING OFFICER. Without Treasury’s defense, we were pleased to later, plastic guns are still not a prob- objection, the amendment will be set see that they had requested $1 million lem. This law deserves some for that. aside. in this year’s budget for a vehicle In fact, on a few occasions, ATF has re- Mr. CAMPBELL. I yield the floor and tracking program, which we have fund- fused to approve guns intended for suggest the absence of a quorum. ed. commercial distribution because the The PRESIDING OFFICER. The What we did not fund was the acqui- guns didn’t have enough metal in clerk will call the roll. sition of new vehicles beyond what the them. The legislative clerk proceeded to bureaus are already carrying in their The Act, however, is scheduled to call the roll. budgets. However, I should make it ‘‘sunset’’ this December. The sunset Mr. CAMPBELL. Mr. President, I ask clear that there is funding contained in provision exists because in 1988 it was unanimous consent that the order for each bureau’s budget to cover the cost predicted that new technology would the quorum call be rescinded. of replacing the oldest vehicles. So soon be able to detect non-metallic The PRESIDING OFFICER. Without what we are really doing here is main- firearms. Unfortunately, technology objection, it is so ordered. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9111 RECESS allow such seemingly mindless violence The next step as related by Genesis The PRESIDING OFFICER. Under and misery. In the face of such trage- was the bringing forth of grass, the the previous order, the hour of 2:45 p.m. dies, some may even question the very herb yielding seed, and the fruit tree having arrived, the Senate will now existence of a Creator. We reach for an- yielding fruit. stand in recess until the hour of 3:45 swers that elude our grasp. Why do Then, according to Genesis, God said, such things happen? What, after all, is p.m. ‘‘Let the waters bring forth abundantly the point of human existence? It seems Thereupon, the Senate, at 2:45 p.m., the moving creatures that have life, that our faith is tested most severely recessed until 3:46 p.m.; whereupon, the and fowl that may fly above the earth when good men senselessly die. in the open firmament of heaven. Senate reassembled when called to Yet, the proof of a living Creator is order by the Presiding Officer (Mr. ‘‘And God created great whales, and in abundant evidence all around us. It every living creature that moveth, INHOFE). is in the perfection and order of the Mr. GRAMM. Mr. President, I sug- which the waters brought forth abun- natural world in which we live. It is in dantly, after their kind, and every gest the absence of a quorum. the beauty and endless variety of the The PRESIDING OFFICER. The winged fowl after his kind.’’ millions of species which inhabit the On the scientific side, facts from fos- clerk will call the roll. planet. It is in the mystery and com- sils, plus other data, have shown that The assistant legislative clerk pro- plexity of the human genetic code. It is mammals (animals with solid bones, ceeded to call the roll. in the intangible and unconquerable warm blood, lungs that breathe air, Mr. BYRD. Mr. President, I ask unan- bravery of the human spirit. It is in the and nourish their young with milk) imous consent that the order for the magnificence of the wonders which form the final stage in a long series of quorum call be rescinded. modern science daily unveils. And I, for development, which began with tiny The PRESIDING OFFICER (Mr. one, find no disparity between sci- sea-dwelling creatures. Scientists seem KEMPTHORNE). Without objection, it is entific discovery and God’s living word to think that an early type of fish was so ordered. in the Holy Bible. the ancestor of amphibians and there- Mr. BYRD. Mr. President, what is the Genesis, the first book of the Bible, after evolved into mammal-like rep- order? gives the account of all Creation, tells tiles. The primitive amphibians also The PRESIDING OFFICER. The of the establishment of the family, the branched into creatures with wings and pending business is Senate bill 2312. origin of sin, the giving of divine rev- thus became birds and other fowl. Mr. BYRD. Mr. President, I ask unan- elation, the development of the human Great changes occurred over time. imous consent to speak out of order. race, and the inauguration of God’s Primitive true mammals, according to The PRESIDING OFFICER. Is there plan of redemption through its chosen science, lived during the age of reptiles objection? people. Genesis takes the reader to the and these were the probable ancestors Without objection, it is so ordered. moment when the omnipotent Creator of the mammals alive today. f spoke into being the matchless won- Returning, now, to the biblical ac- ders of sun, moon, stars, planets, gal- MAN’S LONGING FOR IMMORTAL- count of Creation, by the conclusion of axies, plants, and moving creatures, the ‘‘fifth day,’’ God had said: ‘‘Let the ITY SHALL ACHIEVE ITS REAL- and man, whom He made in His image. earth bring forth the living creatures IZATION It is the first book of the Pentateuch, after his kind, cattle, and creeping which both Scripture and tradition at- Mr. BYRD. Mr. President, we have thing, and beast of the earth after his tribute to Moses. just returned from a most moving cere- kind,’’ and, in the ‘‘sixth day,’’ God mony in the great Rotunda of the Cap- If a student expects to find in Genesis a scientific account of how the world said: ‘‘Let us make man in our image, itol. The flag-draped coffins of Officer after our likeness: and let them have Chestnut and Officer Gibson, who died came into existence, with all questions concerning primitive life answered in dominion over the fish of the sea, and while doing their solemn duties pro- over the fowl of the air, and over the tecting the public, the employees, and technical language familiar to the pro- fessor or student of science, he will be cattle, and over all the earth, and over the members of the institution they every creeping thing that creepeth served, rested imposingly on cata- disappointed. Genesis is not an attempt to answer such questions. It deals with upon the earth.’’ falques, mere yards from where these We have reached the ‘‘sixth day’’ in two brave men were brutally cut down matters far beyond the realm of science. Yet, I have not personally read the biblical account. A day, in God’s di- by an armed assailant on last Friday. of any disagreement within the science vine revelation to Moses, evidently The sublime majesty of the great mar- community concerning the chrono- meant a period of some undetermined ble dome rising above us was somehow logical order of the events of creation length. In Psalm 90—a prayer of magnified by the solemn and eerie si- as set forth in the book of Genesis. In- Moses—we are told: ‘‘Before the moun- lence which was broken only by an oc- stead of disagreement, it has been my tains were brought forth, or ever thou casional cough. The sense of loss was perception that there is agreement. hadst formed the earth and the world, palpable. Sadness permeated the very The opening sentence of the first even from everlasting to everlasting, air. chapter of Genesis states, ‘‘In the be- thou art God. . . . For a thousand years Such times as these cause all of us to ginning God created the heaven and in thy sight are but as yesterday when ponder anew the fragile brevity and un- the earth.’’ That is as far back in time it is past, and as a watch in the night.’’ certainty of the human condition. Offi- as one can get—‘‘in the beginning.’’ Regardless of the length of the Cre- cer Chestnut was apparently writing And it could include a billion years or ation ‘‘days’’, in the sixth, all prepara- directions for a tourist—doing a kind ten billion years or 500 billion years. tions had been completed for the ad- deed—when his life was suddenly The second sentence of Genesis, vent of man. ‘‘So God created man’’— ended. I am sure that when he arose Chapter 1, reads as follows: ‘‘And the we are told—‘‘in His own image, in the and dressed for work on Friday morn- earth was without form, and void; and image of God created He him; male and ing he expected nothing more than an darkness was upon the face of the female created He them.’’ ordinary day, followed by a night at deep.’’ I doubt that any scientist would On the seventh day, God rested from home with his family and the simple disagree with this. his work. Hence, both science and the pleasures of a sunny weekend. According to the account in Genesis, Bible seem to agree, in broad terms, re- Officer Gibson, as he began his day, God then divided the light from the garding the chronological order of the likewise, probably had no expectations darkness, and scientists agree that events of Creation. of the bloody gun battle which would, there could have been cosmic light be- The modern explanation of evolution in just hours, mean his death. It is at fore the sun, moon and stars were cre- dates from 1859, when Charles Darwin times like these, when we witness the ated. The Creator then proceeded to di- published the ‘‘Origin of Species.’’ Ac- anguish of families and friends trying vide the waters and to let the dry land cording to Darwin, members of each to cope with the incomprehensible re- appear. The dry land was called species compete with each other for a ality of brutal and sudden death, that ‘‘earth,’’ and the gathering together of chance to live, as well as with members some may wonder how a just God could the waters was called ‘‘seas.’’ of different species. In this competition S9112 CONGRESSIONAL RECORD — SENATE July 28, 1998 any helpful variation gives its owner Darwin has to say in this regard, if ration of his universe, science and reli- an advantage over others in the species they have not already done so, and if gion—when not simply ignoring each that are not so well adapted. Members they have already done so, it may be other—have often been at odds. with such variations, therefore, will valid for them to read Darwin’s obser- Throughout the ages, it seems that the win the struggle for existence. They vation again. more man has learned about the phys- will live and reproduce their kind, Darwin’s work is sprinkled through- ical nature of the universe and its crea- while forms not so well equipped will out with conjecture, assumptions, pre- tures, the greater the gap between reli- die. Darwin called this process natural sumptions, and, in some cases, just gion and science has become. selection; it is also referred to as ‘‘sur- plain guess work. For example: the To many in the scientific commu- vival of the fittest.’’ reader often finds such words and nity, the world has largely become di- According to a national poll that was phrases as: ‘‘Has probably played a vided between that which can be sci- published earlier this year, only 40% of more important part’’, ‘‘there can be entifically and mathematically ex- the nation’s scientists are said to be- little doubt’’, ‘‘we may infer’’, ‘‘seems plained away, and that for which the lieve in God. I was amazed that 60% of probable,’’ ‘‘I have come to the conclu- mathematical equation or scientific the scientists, according to the poll, sion,’’ ‘‘it cannot be doubted,’’ ‘‘I am basis has not yet been discovered. The share no belief in a Creator. Darwin, fully convinced’’ —this is Darwin talk- Creator has had no role. He has been however, apparently did not share such ing—‘‘it must be assumed,’’ ‘‘seems to left out. The fabulously intricate pat- disbelief. Some years ago, I read his have been,’’ ‘‘appears to have played an tern of occurrences, which had to exist ‘‘Origin of Species.’’ In this brilliant important part in the origins of our in order to account for the strictly sci- work of a great British naturalist, I breeds,’’ ‘‘seems to have been the pre- entific view of the creation of the uni- came across this incisive question, dominant power,’’ ‘‘it is probable that verse, has been viewed as merely they were once thus connected,’’ ‘‘thus posed by Darwin himself: ‘‘Have we any chance—a lucky shot!—with no connec- it is, as I believe,’’ ‘‘bearing such facts right to assume that the Creator works tion to any sort of greater intelligence. in mind, it may be believed,’’ ‘‘we may by intellectual powers like those of How absurd! conclude,’’ ‘‘seem to have been the man?’’ Mr. President, I have in my pocket a chief agents in causing organs to be- What a pertinent question? I think gold watch and a golden chain. Watch- come rudimentary,’’ ‘‘is probably often we human beings are prone to forget es are not in the habit of assembling aided,’’ ‘‘is perhaps intelligible by the that the Creator, as Darwin observed, themselves. There has to be a designer. aid of the hypothesis of pangenesis, and may work by intellectual powers un- There has to be a maker back of the apparently in no other way,’’ ‘‘it may like those of man. watch, a creator back of the chain. be,’’ ‘‘every character, however slight, In comparing the eye of a human There has to be a greater intelligence, being to an optical instrument made by must be the result of some definite cause,’’ ‘‘one chief cause seems to be,’’ a Creator. man, Darwin had this to say: ‘‘If we On the other side, to many of those ‘‘some additional rudimentary struc- must compare the eye to an optical in- in the religious community, too tightly tures might here have been adduced,’’ strument, we ought in imagination to held religious doctrine has precluded ‘‘we have only to suppose that a former take a thick layer of transparent tis- all possibilities suggested by scientific sue, with spaces filled with fluid, and progenitor possessed the parts in ques- tion in a perfect state,’’ ‘‘the more investigation of the physical world. with a nerve sensitive to light beneath, Happily, however, scientists and men complex instincts seem to have origi- and then suppose every part of this of the cloth both appear to be rejecting nated independently of intelligence,’’ layer to be continually changing slow- doctrinal absolutism and discovering ‘‘appears to have been gained,’’ ‘‘such ly in density, so as to separate into some common ground. variations appear to arise from the layers of different densities and Recent articles in Newsweek and U.S. same unknown causes,’’ ‘‘it is not im- thicknesses, placed at different dis- News and World Report, point to a probable,’’ . . . and so on and so on. tances from each other, and with the Darwin, posing the question, ‘‘wheth- change in attitude among scientists surfaces of each layer slowly changing er there exists a Creator and Ruler of and theologians. Rather than opposing in form. Further, we must suppose that the universe,’’ responds. Listen to his one another, the study of science and there is a power, represented by natu- response to his own question: ‘‘And this the practice of religion may at last be ral selection or the survival of the fit- has been answered in the affirmative able to enhance one another. Science test, always intently watching each by the highest intellects that have ever may be recognizing that rules, or tan- slight alteration in the transparent lived.’’ gible events, or even the laws of phys- layers; and carefully preserving each Twelve years after the publishing of ics may not always be entirely explain- which, under varied circumstances, in the ‘‘Origin of Species,’’ Darwin pub- able. As we search for scientific truth any way or in any degree, tends to lished ‘‘The Descent of Man.’’ In his we may also provoke a faith that in- produce a distincter image. We must second book, Darwin applied his theory stills in the previously cynical, a won- suppose each new state of the instru- of evolution to the human race. In der for the unexplainable and a tacit ment to be multiplied by the million; Chapter IV, Darwin makes an interest- admission that there must be a higher each to be preserved until a better one ing admission. Here is what he said: power. is produced, and then the old ones to be I now admit . . . that in the earlier editions In innumerable cases, science is ap- all destroyed. In living bodies, vari- of my ‘‘Origin of Species,’’ I probably attrib- parently unearthing instances of per- ation will cause the slight alterations, uted too much to the action of natural selec- fection in the physical world which are generation will multiply them almost tion or the survival of the fittest. I have al- so far beyond even the wildest infinitely, and natural selection will tered the fifth edition of the Origin so as to imaginings of the human mind that pick out with unerring skill each im- confine my remarks to adaptive changes of chance could not account for them, and structure. . . . I may be permitted to say as even nondevout scientists have tended provement. Let this process go on for some excuse, that I had two distinct objects millions of years; and during each year in view, firstly, to show that species had not to conclude that such minute miracles on millions of individuals of many been separately created, and secondly, that can only have been wrought by some kinds’’—this is the question that Dar- natural selection had been the chief agent of form of divine design. win poses—‘‘and may we not believe change, though largely aided by the inher- Newsweek, in its edition of July 20, that a living optical instrument might ited effects of habit, and slightly by the di- said, ‘‘Physicists have stumbled upon best be formed as superior to one of rect action of the surrounding conditions. . . signs that the cosmos is custom-made . Hence, if I have erred in giving to natural for life and consciousness. It turns out glass, as the works of the Creator are selection great power, which I am far from to those of man?’’ admitting, or in having exaggerated its that if the constants of nature—un- Thus, Darwin appears to acknowl- power, which is in itself probable, I have at changing numbers like the strength of edge a Creator back of the Creation—a least, as I hope, done good service in aiding gravity, the charge of an electron and master mind back of the work. I sug- to overthrow the dogma of separate cre- the mass of a proton—were even the gest that the 60% of today’s scientists ations. tiniest bit different, then atoms would today who, according to the poll, doubt Darwin was not alone in his effort. not hold together, stars would not the existence of a Creator, read what Since the earliest days of man’s explo- burn, and life would never have made July 28, 1998 CONGRESSIONAL RECORD — SENATE S9113 an appearance.’’ As Nobel-prize-win- this magnificent Capitol, itself a sym- Code. The amendment I will be offering ning Physicist and Christian Charles bol of man’s belief in things which can- on behalf of myself and Senator Townes put it, ‘‘somehow intelligence not be seen. And I hope that these BROWNBACK would sunset the entire must have been involved in the laws of loved ones will remember the words of Tax Code, December 31, 2002. I appre- the universe.’’ And, consider the words hope from the Scriptures and the words ciate so much the Senator from Colo- of Physicist-turned-priest John of William Jennings Bryan: rado in his cosponsorship of the origi- Polkinghorne, who said that the most If the Father deigns to touch with divine nal legislation that was introduced, fundamental component in the belief in power the cold and pulseless heart of the and his support of this very, very im- God ‘‘is that there is a mind and a pur- buried acorn, to make it burst forth from its portant concept. pose behind the Universe.’’ prison walls, again the mighty oak, will He I also point out to my colleagues, Similarly, Newsweek and U.S. News leave neglected in the Earth the soul of man, with my appreciation, the various or- and World Report relate the story of created in his own image. ganizations that have endorsed the If He stoops to give to the rosebush whose Allan Sandage, one of the world’s most withered blossoms float upon the autumn scrapping of the code, the sunsetting, preeminent, respected, and accom- breeze, the sweet assurance of another the terminating of the existing Tax plished astronomers, who spoke at a re- springtime, will He refuse the words of hope Code. The Americans for Hope, Growth cent meeting of cosmologists gathered to the sons of men when the frosts of winter and Opportunity, the National Tax- together to consider the theological come? payers Union, the National Federation implications of their work. Sandage, If matter, mute and inanimate, though of Independent Business, the American who reportedly admits to having been changed by the forces of Nature into a mul- Conservative Union, Americans for Tax ‘‘almost a practicing atheist as a boy,’’ titude of forms, can never be destroyed, will Reform, and Citizens for a Sound Econ- the imperial spirit of man suffer annihila- has come to the conclusion through his tion when it has paid a brief visit like a omy have all lent their support for work that Creation can only be ex- royal guest to this tenement of clay? what I think is an essential step for all plained as a ‘‘miracle’’. ‘‘It is my No, I am sure that He who, notwithstand- of us who believe the existing Tax Code science that drove me to the conclu- ing His apparent prodigality, created noth- does not work for the American people, sion that the world is much more com- ing without a purpose, and wasted not a sin- and that the first step in replacing it plicated than can be explained by gle atom in all His creation, has made provi- with something that is simpler and science. It is only through the super- sion for a future life in which man’s univer- something that is more fair and some- natural that I can understand the mys- sal longing for immortality will find its real- thing that is less of a burden upon the ization. I am as sure that we live again as I tery of existence.’’ am sure that we live today. American people would be to set a date I find it rather exhilarating that men certain in which we terminate and sun- With those words of William Jen- like Sandage and Townes and set the existing Tax Code. Polkinghorne, who have devoted so nings Bryan, Mr. President, I yield the Congress recently took an important much of their lives to questioning their floor. step to protect the American people universe in order to discover its se- f from an overarching IRS. In the House, crets, have come to a conclusion that TREASURY AND GENERAL GOV- and in the Senate under the leadership to me was answered long ago through ERNMENT APPROPRIATIONS ACT, of the distinguished Finance Commit- simple, basic, unquestionable faith, and 1999 tee chairman, Senator ROTH, Congress passed the Internal Revenue Service simple, common-sense reasoning. The Senate continued with the con- There are those who will only ever be Restructuring and Reform Act. Under sideration of the bill. comfortable with a world of rules and this legislation, the burden of proof has measurements, in which events are AMENDMENT NO. 3355 now been shifted to the IRS. A newly quantifiable and reliable, and a ‘‘mir- Mr. CAMPBELL. Mr. President, I ask restructured IRS will now be overseen acle’’ is defined only as that which has unanimous consent the Senate now by an independent panel, and I com- not yet been thoroughly dissected and consider amendment No. 3355, offered mend the work of the Senate Finance concretely explained. There are also by Senator KOHL, and that I be added Committee and Chairman ROTH for those who will always reject scientific as a cosponsor. I urge this amendment bringing this proposal to fruition. theory if it seems in any way to chal- be adopted. There is support by both But this legislation, which I firmly lenge their religious doctrine. sides of the aisle. supported, must not be the end of pro- But it seems to me that scientists The PRESIDING OFFICER. Without tecting the American taxpayer. On such as Allan Sandage, who embrace objection, it is so ordered. The amend- April 2, 1998, the Senate expressed both religion and science, can teach a ment is agreed to. itself on the need for fundamental valuable lesson to us all. A black-and- The amendment (No. 3355) was agreed change in passing an amendment to the white science of stiff rules and blinders to. budget resolution, not only to restruc- is fatally flawed. It is the scientist who Mr. CAMPBELL. Mr. President, I ture the IRS but also to terminate and looks to the heavens for divine inter- yield time to Senator HUTCHINSON for sunset the Federal Tax Code by the end vention and is willing to admit that the purpose of offering an amendment. of 2001. We passed that sense-of-the- not all things are explainable, who has The PRESIDING OFFICER. The Sen- Senate resolution, and we have a list of the greatest opportunity to achieve ator from Arkansas. all of those who voted for that sense-of- medical breakthroughs, uncover the TAX CODE SUNSET AMENDMENT the-Senate resolution saying we should mysteries of outer space and develop Mr. HUTCHINSON. Mr. President, sunset, we should set a date certain, life-changing technologies. His is an in- shortly I will call up the Tax Code and we should terminate the existing tellect which is truly free, for he allows sunsetting amendment. I ask unani- Tax Code. I invite all my colleagues in for all possibilities. mous consent to add the following co- the Senate to look at that list of those The two great disciplines of the sponsors: Senator BROWNBACK, Senator who voted, on both sides of the aisle, world, science and religion, represent MCCAIN, Senator ABRAHAM, Senator on a bipartisan basis, to sunset the Tax the ceaseless human probing for an- INHOFE, Senator GRAMS, Senator SMITH Code. swers to the mysteries of life. They of New Hampshire, Senator HELMS, The House took a bold stride beyond are, at their cores, nothing more than Senator MURKOWSKI, Senator COATS, this sense of the Senate in passing the man’s quest for truth. Senator SESSIONS, and Senator COVER- Tax Code Termination Act on June 17, As we search, may we never close our DELL. 1998. hearts to the abundant evidence of His The PRESIDING OFFICER. Without Today, the Senate has the oppor- love and his miracles all around us. objection, it is so ordered. tunity to do the same. The amendment Even in the midst of great sorrow Mr. HUTCHINSON. Mr. President, I I, along with Senator BROWNBACK and and profound tragedy, He is there and congratulate the Senator from Colo- all of our cosponsors, have offered to His love will prevail and will triumph. rado for his leadership on this appro- the Treasury-Postal appropriations So my heart goes out today to the fam- priations bill, his leadership on tax re- bill, that we will be calling up soon, ilies of the two brave men whose lives form in this Congress, and his support would eliminate the Tax Code by De- and dedication we honored today in for the provision sunsetting the Tax cember 31, 2002. Originally, way back S9114 CONGRESSIONAL RECORD — SENATE July 28, 1998 last year, the original bill introduced when asked by Money magazine, in child tax cut, the change in the estate would have sunset it back in the year 1997, to fill out a hypothetical family’s tax laws, change in the capital gains 2000. Then there was an agreement 1996 tax return. That was the April 1997 tax laws—the fact is, the great winners among all the cosponsors to move that edition of Money magazine. They found were the tax lawyers and the account- to December 31, 2001, to respond to that 45 professional tax preparers, with ants—3,132 pages just to explain what those who said that is not enough time the same information, came up with we did in cutting taxes. and the new Congress would not have different answers on a hypothetical The American people have called for enough time to enact comprehensive family’s tax return. I think that is this termination, this comprehensive tax reform. powerful evidence that we have a Tax reform of our tax laws. A recent poll Now, in the spirit of being as respon- Code that even the professionals can- that was conducted by the Americans sible as possible, and responding to, I not understand. for Hope, Growth and Opportunity dis- think, the misguided and flawed allega- They found also that the average covered several things. In asking the tions of the administration concerning hourly fee charged by professional tax question, ‘‘Do you approve or dis- Tax Code termination, we have moved preparers who came up with the 45 approve of a new Federal law to abolish that date to December 31, 2002. That al- wrong answers is $81 an hour. That is the current tax system and require lows us 41⁄2 years in order to write a what the American people are paying that a new Federal tax system be ap- new Tax Code. We say, in this amend- professional tax preparers who come up proved by Congress by July 4, 2001, and ment, that it should be in place July 4, with the wrong answers time and time that this new system should then take prior to the sunset date. again. effect 6 months after that date?’’ I know the Department of the Treas- Mr. President, 6.4 million—that is The response was 48.9 percent ap- ury, Mr. Rubin, has sent a letter out. the number of taxpayers who visited proved of that proposition, which we Everybody, I am sure, will have seen IRS customer service centers seeking are going to be voting on, while only this letter opposing this amendment, answers to their tax questions in 1996. 24.1 percent disapproved. By a margin saying the President is going to veto Over 6 million, according to the Gen- of 2 to 1, the American people are say- this appropriations bill if the amend- eral Accounting Office, actually went ing we ought to set a date certain. Six ment is attached. It is not the first to the IRS customer service centers months prior to that date certain, we time that those kinds of threats have seeking answers. should have a new comprehensive fair Another figure, though, is 99 million, been made. It is, if you will read the tax system in place. letter, based upon misguided and because it was 99 million taxpayers The poll went ahead: ‘‘Do you ap- flawed assumptions, making all kinds who called the IRS hotlines in 1996 prove or disapprove of a new Federal of assumptions as to what might be en- seeking answers to questions about law to abolish the current tax system how they could comply with this com- acted or what might not be enacted at and require that a new Federal tax sys- plicated Tax Code; 99 million, one- the time of the sunset date. tem be approved by Congress July 4, fourth of them getting incorrect an- So I believe what we are proposing is 2002?’’ eminently responsible. So we need to swers from the Internal Revenue Serv- Overwhelming support. join, I believe, the House of Represent- ice. They asked this question: ‘‘If you The Tax Code is not a stagnant crea- atives in passing this sunset date. It knew that Congress passed a law to ture. This code has mutated from its would allow the Social Security provi- create a new Federal Tax Code with the original form into an 800,000-word, sions, Medicare, and the Railroad Re- following specific principles: apply one 7,500-page monster preying on the tirement Board to remain. But we low tax rate to all Americans; provide American taxpayer. We in Congress are tax relief for working Americans; pro- would say the Congress, the President, culpable for this feeding frenzy, for tect the rights of taxpayers and reduce the American people would replace the even in our attempts of incremental re- tax collection abuses; eliminate bias current Tax Code with a lean and hon- form, even in our attempts to help the est system by no later than Independ- American taxpayer, we have made the against savings and investment; pro- ence Day, July 4, 2002. Tax Code more complex. mote economic growth and job cre- For too long, the American people In 1997, Congress made serious at- ation; and not penalize marriage or have suffered under the chains of the tempts to ease the burdens of the families—do you believe it is possible oppressive regime we call our Federal American taxpayer. It was the first sig- that Congress could accomplish these Tax Code. It is just not enough to re- nificant tax cut, I think, in 16 years. goals?’’ form the IRS when the more fundamen- Yet, even in those efforts to provide That was the question, and 57.3 per- tal problem is the Tax Code that we tax relief, we unwittingly created new cent of Americans answered yes, with ask them to enforce. Each year, Ameri- complications. I think everyone in this 34.1 percent saying no, and 8.6 percent cans spend over 5.4 billion hours slav- body would agree if we somehow could saying they did not know or refusing to ing away to comply with tax provi- just start over and write a tax code, answer. sions, the equivalent amount of time it there is not one of us who would say, That is really quite remarkable, be- takes to produce all of the cars in this ‘‘Write the Tax Code the way we have cause what that response tells us is country, all of the trucks in this coun- it now,’’ because it has been a creation that the American people still have try, to manufacture all of the airplanes of these incremental changes made by faith that their elected representatives in this country for a year. That is how special interest groups who had enough can and should replace the current tax much time we ask the American people power to get that change enacted into system with a simpler, fairer system. to spend just trying to comply with law. They think we can do it. complicated, arcane, and inexplicable We need to terminate, not com- Americans rapidly, though, I believe tax provisions. A humble family of four plicate, the Tax Code. If you look at are reaching the level of outrage about will spend the equivalent of 2 weeks this chart, it says: this tax cut that would resemble even just for Tax Code compliance. The number of new sections in the Tax the kind of tax rebellion that occurred Ironically, every year $13.7 billion of Code created by the 1997 Budget Act— in the early days of this Republic in the money that taxpayers struggle to This was our Tax Relief Act—we cre- 1776. As an aside, I offer my own statis- pay the Federal Government is spent ated 285 new sections. tic. No official poll. No Gallup. No sci- enforcing tax laws, yet the IRS, the bu- The number of changes in the Tax entific sample. But I suggest this: That reaucracy of 110,000 people in over 650 Code accompanying the 1997 tax cut, 100 percent of the people in this coun- offices nationwide, provides misin- 824, and the number of pages needed by try and 100 Senators in this institution formation one-fourth of the time tax- the Research Institute of America to believe that an overhaul of the tax sys- payers call to seek assistance. explain the changes in the tax law of tem is overdue and that it should Not too long ago, Money magazine 1997 was 3,132 pages. It was a lawyer’s occur. did, as they do every year, an interest- dream and tax accountant’s dream Mr. President, in the Senate today, ing study. They found this: 45, the when we passed that Tax Relief Act. we have three options before us—and I number of professional tax preparers While the American people were glad can’t find another—we have these three who came up with different answers to receive some tax cuts —the $500-per- options confronting every Senator in July 28, 1998 CONGRESSIONAL RECORD — SENATE S9115 this body: We can ignore the plight of dented period of economic expansion, AMENDMENT NO. 3356 the American taxpayer and do nothing. but he said he believed that everything (Purpose: To require the Administrator of That is what we have done for far too in Government should face these sun- General Services to acquire a lease for the long. We have done nothing. We have set provisions. Department of Transportation head- passed resolutions. We have passed The President has said he believes quarters and to provide additional funding sense of the Senates. We have made sunsetting will cause instability. I be- for security for the Capitol complex) speeches, and we have debated. We lieve we are going to hear that. He Mr. CAMPBELL. Mr. President, I have introduced bills, and we have even imagines that the current tax system send an amendment to the desk and passed tax cuts that further com- is somehow stable. The truth is, the ask for its immediate consideration. plicated the Tax Code. But in the end, current Tax Code is riddled with uncer- The PRESIDING OFFICER. The what we have really done about com- tainty. The only certainty in this sys- clerk will report. The legislative clerk read as follows: prehensive tax reform is nothing. tem is that it will become more com- Tonight we have that option before plex through incremental reform and The Senator from Colorado [Mr. CAMP- us. We can continue to do nothing. We that special interests will thread their BELL], for Mr. CHAFEE, for himself, Mr. WAR- way through these special loopholes. NER and Mr. BAUCUS, proposes an amendment can vote down this amendment to the numbered 3356. Treasury-Postal appropriations bill, or To my colleagues who say this is Mr. CAMPBELL. I ask unanimous we can move to table it when it is of- going to create uncertainty, this is my consent reading of the amendment be fered, and we can go down the path of response: If you believe that we need to dispensed with. defending the status quo. I suspect get from where we are to a simpler, The PRESIDING OFFICER. Without there will be a lot of my colleagues fairer tax system, there is no way, I objection, it is so ordered. who will make that choice tonight. suggest, to get from where we are to Or we can implement incremental re- where we all want to be without some The amendment is as follows: forms and try our best to make repairs degree of uncertainty. You cannot re- On page 47, strike lines 11 and 12. place this entire Tax Code, no matter On page 62, between lines 19 and 20, insert to a house built on shifting sand as we the following: have almost every year for the last 12 how incremental you may do it, over a long period of time without there being SEC. 4ll. DEPARTMENT OF TRANSPORTATION years. In fact, one study found that HEADQUARTERS. certain uncertainties in markets or since 1913, since the institution of the (a) IN GENERAL.—The Administrator of income tax, we have added about 100 business planning or whatever. General Services, without further review or pages to the Tax Code every year; on But I suggest what Senator approval by any other office of the executive average, 100 pages are added to the Tax BROWNBACK and myself have proposed branch, shall— Code. is the most rational way to get from (1) acquire an operating lease for the De- We can continue to do that. We can where we are to comprehensive tax re- partment of Transportation headquarters; 1 continue to make small incremental form. Because we allow 4 ⁄2 years, we and set a date certain, we ensure that there (2) commence procurement of the lease not changes in this complicated Tax Code later than November 1, 1998; and hope that somehow we are able to are going to be proper oversight hear- ings by the Finance Committee, that in accordance with the authorizing resolu- repair this house that is built on shift- tions passed by the Committee on Environ- ing sand. I do not believe that is a via- all of the various proposals that have been submitted will have ample time ment and Public Works of the Senate on No- ble option. vember 6, 1997, and the Committee on Trans- This is the third thing we can do: We for debate, and that the American peo- portation and Infrastructure of the House of can lay a solid foundation for a new ple and the American business commu- Representatives on July 23, 1997. house by voting for real reform, the nity will have adequate time to plan (b) AUTHORIZATION TO REDUCE ANNUAL termination of the current Tax Code. I for the changes that will be enacted. LEASE AMOUNTS.—In order to procure an op- I would assume that those changes believe the choice is clear. erating lease, the Administrator of General Services shall reduce the annual lease Secretary Rubin, President Clinton would be phased in over a period of years as well. But what we have pro- amounts authorized by the resolutions to and other critics of this proposal will such extent as is necessary to effectuate an say that sunsetting is reckless. I sug- posed is eminently responsible, not going to create uncertainty, and is not operating lease at the time at which the gest that when the opponents of this reckless. It is only those who want to lease is executed. rise to oppose this amendment, that is ll defend the status quo, I believe, who SEC. 4 . SECURITY OF CAPITOL COMPLEX. what we are going to hear: ‘‘This is a There is appropriated to the Architect of throw out those kinds of arguments. reckless proposal.’’ We will hear it over the Capitol for costs associated with the se- I have a number of other points I curity of the Capitol complex $14,105,000. and over. would like to make, and perhaps as the They have characterized it as irre- debate goes on I will have an oppor- Mr. CAMPBELL. Mr. President, this sponsible, reckless, certain to cause tunity to do that. I know there are a amendment deals with the Department uncertainty. The President wants to number of others who are cosponsors of of Transportation headquarters and re- pretend that sunsetting provisions are this legislation who will be wanting to directs the funds for Capitol security. I somehow unusual, somehow irrespon- seek recognition. know Senator WARNER would like to sible. They are neither. He would have Senator WARNER has requested a pe- speak to this. I yield him time. us believe they create paralyzing un- riod of time to discuss the Capitol se- Mr. WARNER addressed the Chair. certainty, and yet if you will look at curity program and the new visitor The PRESIDING OFFICER. The Sen- the sunset provisions that we have in center. I know that is something that ator from Virginia. law, all major spending legislation is is heavy on all of our minds today. And Mr. WARNER. Mr. President, I thank sunsetted. We recently debated legisla- the distinguished managers of the bill. Senator BROWNBACK is certainly will- tion to replace both the Higher Edu- ing to postpone his comments. I will speak to the amendment. I would cation Act and the Intermodal Surface At this point I yield the floor. suggest, however, as I am speaking, Transportation Efficiency Act, the Several Senators addressed the that the distinguished managers look ISTEA bill, both of which expired this Chair. at what possibly could be a rewrite of year due to sunset provisions included The PRESIDING OFFICER. The Sen- the bill; and then at such time, if you in the original legislation. All major ator from Colorado. agree, we will substitute this for the spending legislation contains Mr. CAMPBELL. We have several one that is at the desk. sunsetting provisions. Sunsetting Senators who want to speak in opposi- Mr. President, I wish to just speak forces Congress to periodically review tion to this amendment who are not on briefly, as chairman of the Rules Com- the merits, effectiveness and efficiency the floor yet, but I ask unanimous con- mittee, on behalf of the work that our of the programs it creates. Only then sent that we lay the present amend- committee has been doing since I have can these programs be continued. ment aside for the purpose of allowing been privileged to take over the chair- In testimony before Congress, Alan Senator WARNER from Virginia to in- manship. Greenspan expressed his support for troduce another amendment. We have been looking at, first, a pro- the concept of sunsetting. He is the The PRESIDING OFFICER. The gram by which the security of the over- guru, many believe, of the unprece- amendment has not yet been offered. all square here—we call it a square— S9116 CONGRESSIONAL RECORD — SENATE July 28, 1998 both the building security and the out- other security methodologies used in the rec- ing to authorize suitable housing arrange- side security can be enhanced. ommended scheme for Capitol Square have ments for DOT headquarters. DOT currently There is an ongoing—almost week- been organized in a manner that will enable occupies the Nassif Building, which has been ly—meeting on security at some level them to be deployed consistently through under Federal lease for nearly 30 years. How- the Capitol complex. ever, the building is inadequate for DOT in this system. The Rules Committee In that regard, a schematic design was also needs and may pose health concerns for the has given the clearest instructions to prepared that eliminates the unsightly con- 5,600 DOT employees who work at that loca- the Architect of the Capitol, indeed, to crete ‘‘Jersey’ barriers, commonly used tion. the chief of the police, and others, to along highways, from around the Russell, The lease on the Nassif Building expires in bring to the attention of the commit- Dirksen and Hart Senate Office Buildings March of 2000, presenting the government tee, and others, any new type of equip- and replaces them with landscaped round- with an opportunity to obtain new housing ment or concept that can help improve abouts similar to those being proposed for for DOT. Toward that end, on November 6, the security of the Nation’s Capitol. the North and South Entrances of the U.S. 1997, the Committee approved a resolution Capitol Building. The designs for both Cap- authorizing the General Services Adminis- That has been done, and done very, itol Square and the exterior areas around the tration (GSA) to enter into a long-term oper- very well. Senate Office Buildings are proposed with ating lease for a headquarters building, with On August 20 of last year—about a thoughtful landscape treatments consistent the possibility of government ownership at a year ago—a plan was put forward enti- with existing architectural openness and aes- later point. The terms of the Committee’s tled ‘‘United States Capitol Square Pe- thetics that typifies the Capitol complex resolution were based on discussions with, rimeter Security Plan.’’ A hearing was today. This work is shown to test and expand and approved by, Administration officials. held before my committee, the Rules the concepts on sites contiguous to Capitol Since that time, however, the Administra- Committee, on September 25, and the Square. tion has changed its position and prefers a * * * * * government owned building. Its FY99 budget Rules Committee accepted the plan on request included $14.1 million for the design November 4, 1997. It was a concept to Mr. WARNER, Mr. President, inte- costs associated with the construction of a upgrade the security on the exterior of gral to that plan is a visitor center new government-owned building. This the building. which, while it has been considered change has resulted in an eight month Mr. President, I ask unanimous con- separately, it is to be tied in with the delay—a delay that has meant no relief for sent that an executive summary of overall Capitol security plan. DOT employees, and is threatening to result that report be printed in the RECORD. Tomorrow, the Rules Committee in significantly higher interim lease pay- There being no objection, the sum- will, hopefully, proceed with a markup ments by the government. mary was ordered to be printed in the of a redraft of a bill submitted by the More importantly, while construction of a government-owned building may be a cost- RECORD, as follows: distinguished majority leader, the mi- effective solution to DOT’s housing needs UNITED STATES CAPITOL SQUARE PERIMETER nority leader, and myself several over the long term, we are concerned that SECURITY—EXECUTIVE SUMMARY months ago. There are meetings going such an option is not realistic in light of our This report was prepared by the Task on right now with the Speaker, with limited budgetary resources. Frankly, we are Force appointed by the Capitol Police Board the majority leader, and, indeed, their skeptical that the $300 million necessary for (CPB). The membership of the Task Force counterparts in the minority, to try to construction of a government-owned build- consists of representatives of the House and get some refinements to the concept ing will be made available over the next few Senate Sergeants at Arms, the U.S. Capitol which, hopefully, will be put into the years, given the backlog for priority court- Police and the Architect of the Capitol. house construction. Should the money be- Technical support was provided by outside markup tomorrow before the Rules come available, however, the Committee’s security and architectural consultants. Committee. resolution explicitly invites the Administra- In light of recent incidents at other public I am proud to say the Senate has tion to return to request authority for gov- and private facilities, the CPB charged the been moving with steady, firm momen- ernment ownership. We have expressed these Task Force with developing options for im- tum on this whole concept of secu- views in recent meetings and discussions proved perimeter security at Capitol Square. rity—both external and internal—for with Administration officials from DOT, The options were to incorporate the best some months now. GSA, and the Office of Management and available technology, blend with the existing I ask unanimous consent that a let- Budget (OMB). historic Frederick Law Olmsted landscape Therefore, we believe that it is critical for design and provide for an appropriate and ter to the distinguished Senator BEN GSA to move ahead immediately with the cost effective coupling of these improve- NIGHTHORSE CAMPBELL from myself and lease procurement. Toward that end, we ments with the security concepts and cri- others asking that this particular would propose to work with you and your teria employed in the design of the proposed amendment reflect the change of the staff to include language in S. 2312 that U.S. Capitol Visitor Center (CVC). status of the funds which is in the would ensure that the Solicitation for Offers Four preliminary schemes were developed amendment—it is in section 4, ‘‘Secu- goes forward. Furthermore, in order to send for evaluation by the Task Force ranging rity Of Capitol Complex . . . is appro- a clear and unambiguous signal to the Ad- from the simple replacement of the concrete priated to the Architect of the Capitol ministration to proceed expeditiously, we re- sewer pipes and planters with bollards to an quest that the current earmark of $14.1 mil- extensive perimeter fence concept that en- for costs associated with the security lion for design of a new DOT building be de- closed Capitol Square behind the appro- of the Capitol complex $14,105,000.’’ leted. We consider this request to be of the priately designed security barrier. There being no objection, the letter utmost importance, as we wish to resolve Of the four schemes, one was chosen for de- was ordered to be printed in the this situation for the benefit of the Depart- velopment and forms the basis for the rec- RECORD, as follows: ment, DOT employees, and the taxpayer. ommendations. The recommended scheme We appreciate your consideration of our re- U.S. SENATE, COMMITTEE ON will work within the current constraints of quest. Attached is the text of our proposed ENVIRONMENT AND PUBLIC WORKS, the site and will also support the CVC con- Washington, DC, July 27, 1998. amendment; we look forward to working cept when executed. with you toward a satisfactory resolution. Hon. BEN NIGHTHORSE CAMPBELL, The recommended and preliminary Chairman, Subcommittee on Treasury, Postal Sincerely, schemes built upon the concepts developed Service, and General Government, Dirksen Max Baucus, John Warner, Bob Graham, in the late 1980’s that came to be known as Senate Office Building, Washington, DC. Daniel Moynihan, Joe Lieberman, the ‘‘Whip’s Plan’’ and expanded those con- James Inhofe, Craig Thomas, Kit Bond, Hon. HERB KOHL, cepts to incorporate the proposed CVC and Ranking Member, Subcommittee on Treasury, Frank R. Lautenberg, John H. Chafee, improved security technology. The primary Postal Service, and General Government, Tim Hutchinson, Wayne Allard, Dirk focus of the current effort is to enhance the Dirksen Senate Office Building, Washing- Kempthorne, Barbara Boxer, Ron deterrents, detection and response capabili- ton, DC. Wylen, Jeff Sessions, Bob Smith. ties of security systems both existing and DEAR CHAIRMAN CAMPBELL AND RANKING Mr. WARNER. The amendment is planned. In addition, support was also pro- MEMBER KOHL: We write to request your as- vided by the U.S. Secret Service and other really twofold: one, to transfer those sistance in resolving an important matter funds; and, secondly, to establish a pro- law enforcement entities with overlapping involving the U.S. Department of Transpor- jurisdictional concerns. cedure by which the other problem can tation (DOT), its thousands of headquarters be taken care of. I know right now the * * * * * employees, and the taxpayers. Standards for systems, hardware and phys- As you know, the Committee on Environ- manager of the bill is comparing the ical barrier devices were developed as part of ment and Public Works, at the Administra- two amendments. the process. These standards are included in tion’s behest and the personal request of the I believe our distinguished chairman the recommended scheme. The systems and Secretary of Transportation, has been work- of the full committee, Senator CHAFEE, July 28, 1998 CONGRESSIONAL RECORD — SENATE S9117 is here to speak to the DOT head- curity, Congress in April appropriated $20 ray, weapons, and K–9 inspections before quarters issue. million for a perimeter security plan encom- being delivered. K–9 units also perform ran- Mr. CHAFEE addressed the Chair. passing Capitol Square, Senate office build- dom sweeps for explosives in adjacent streets The PRESIDING OFFICER. The Sen- ings, and adjacent grounds. Implementation and parking garages. ator from Rhode Island. of the plan is contingent upon approval by Specialized Units the appropriate congressional oversight com- Mr. CHAFEE. It is incorporated in The Capitol Police also have several spe- mittees. Still under consideration are pro- cialized units to deal with particular types of the amendment. It is my understand- posals calling for a visitors’ center beneath ing that this amendment regarding the security threats. Each of these units, except the east front plaza that would provide more for the hazardous devices unit, works with DOT building and the lease arrange- effective remote screening of Capitol visi- other units on other assignments, including ment is acceptable by the managers. tors, and a perimeter security plan for the street patrols. The specialized units, which While I—— Supreme Court. were created to address organizational con- Mr. WARNER. That is correct. Could INTRODUCTION cerns and assure appropriate responses to I finish my statement and then you ad- Seven to 10 million tourists visit the Cap- new kinds of perceived threats, include the: dress that? itol complex annually. In 1997, the Capitol first responder unit, the first to arrive when Mr. CHAFEE. I have nothing further hosted more than 2,000 American and foreign there is an emergency; mountain bike unit, to say. If they are prepared to take dignitaries, and was the site for nearly 300 used for increased mobility across the Cap- that part, I am delighted. scheduled demonstrations. In addition to itol grounds when a situation requires quick lawmakers and their staff, a sizable number access to a site; containment and emergency Mr. WARNER. That is correct. I of journalists, lobbyists, and service person- response unit, used for counter-terrorism, thank the chairman, and I appreciate nel also work within the Capitol complex. hostage rescues, dignitary protection, and his work. The challenge of achieving a secure envi- chemical/biological warfare situations; hos- The funds are transferred. As soon as ronment for the Capitol complex, while still tage negotiations unit, with primary respon- we can reconcile some minor technical maintaining an atmosphere of openness, has sibility for all hostage negotiations, fre- differences between the amendment at become increasingly difficult in this cen- quently assisted by the containment and the desk and another copy, I say to our tury. Both the potential threats to the Cap- emergency response unit; civil disturbance chairman, we will soon vote on that itol and the number of people using the area unit, responsible for monitoring large dem- every day have grown dramatically. Inci- amendment. The letter I just had onstrations when the potential for signifi- dents such as the 1993 bombing of the World cant public disturbances exists; and hazard- printed in the RECORD sets forth the Trade Center and the 1995 bombing of the Al- ous devices unit, acts as the bomb squad on chronology. fred P. Murrah Federal Building in Okla- Capitol Hill, conducts off-site explosives se- Now, the reason that we are transfer- homa City, as well as international con- curity for Members, maintains a K–9 explo- ring this money is that—I am speaking frontations like Desert Storm in 1991, have sives detection corps, and is slated to take for myself, but I am very optimistic prompted increases in the level of security over chemical/biological warfare response that under the leadership of Senators afforded the Capitol complex. functions. LOTT and DASCHLE, the Senate will CURRENT SECURITY PROCEDURES Enhanced Capabilities of the Capitol Police come together in its concept for fund- Role of the U.S. Capitol Police Force ing for the visitor center and its con- The U.S. Capitol Police force, under the di- In recent years, the Capitol Police force, cept of how we can make some adjust- rection of the Capitol Police Board (which is with the concurrence of Congress and the ments to the previous plan, and tomor- composed of the Architect of the Capitol and Capitol Police Board, has enhanced its capa- bilities and professionalism by: increasing row in markup report out a bill which the Sergeants at Arms of the House and Sen- ate), is responsible for Capitol complex secu- the training opportunities available to mem- can then be considered by the full Sen- rity. By law, the Capitol Police are respon- bers of the force; creating a physical security ate and then eventually by the House. sible for the procurement, installation, and division charged with the development and But I would like to read a little back- maintenance of security systems for the Cap- implementation of an integrated security ground to show you the need for mov- itol, House and Senate office buildings, and plan for the entire Capitol complex; ing ahead. Yes, the tragic events of the adjacent grounds, subject to the direction of strengthening its ability to deter, interdict, last few days—and we have just com- the Committee on House Oversight, Senate and respond to acts of violence through part- pleted what I regard as a magnificent Committee on Rules and Administration, nership with other U.S. intelligence and se- —magnificent—tribute to the two fall- and the House and Senate Committees on curity agencies; and developing a chemical/ Appropriations. The Architect of the Capitol biological incident response capability. It en Capitol policemen, together with must approve any alteration to structural, has also created a working group to refine, their families, the President of the mechanical, or architectural features of the document, and implement an emergency United States, the Vice President of Capitol complex buildings that is required evacuation plan and critical-incident com- the United States, Senator LOTT, the for a security system. The House and Senate mand operation. Speaker, and Chief of Police Albrecht. Appropriations Committees must approve PERIMETER SECURITY PLAN But we have been moving steadily on funding for these programs. Subsequent to the developments already this program. Now we intend, hope- In FY 1997, Congress appropriated $75.4 described, the Senate Committee on Rules fully, to go and take the next step and million for the Capitol Police Board, which and Administration early in 1997 directed the included funding for the Capitol Police, and Capitol Police Board to develop a perimeter put a legislative proposal before the $3.25 million for the design and installation Senate; and then, hopefully, the House security plan for the Capitol complex. For of new and expanded security systems. In ad- this purpose, the board organized a task will act. dition, the Architect of the Capitol received I will read from a CRS report, which force that included key staff from the offices $250,000 for ‘‘architectural and engineering of the Architect of the Capitol, the House I ask unanimous consent to have print- services related to the design and installa- and Senate Sergeants at Arms, and the Cap- ed in the RECORD, dated July 16, 1998. tion’’ of those systems. For FY 1998, Con- itol Police, as well as nationally recognized There being no objection, the mate- gress appropriated $74 million for the Capitol architectural and security consultants. ‘‘The rial was ordered to be printed in the Police Board, including funding for 1,255 Cap- challenge,’’ the Architect emphasized at sub- itol Police positions. RECORD, as follows: sequent hearings, was ‘‘to sensitively inte- Regular Security Procedures CAPITOL HILL SECURITY: CAPABILITIES AND grate a sophisticated security program into PLANNING The Capitol Police force is prepared to deal the historic landscape of the Capitol grounds with a wide array of challenges, including and the fabric of the incomparable complex (From the Congressional Research Service) armed intruders, bomb threats, and chemical of buildings that grace Capitol Hill.’’ SUMMARY and biological warfare. Metal detectors, X- On September 25, 1997, the Architect un- The U.S. Capitol is simultaneously a na- ray machines, other state-of-the-art security veiled the results of the effort, which the tional shrine, tourist attraction, and work- and surveillance systems, and uniformed of- Capitol Police Board endorsed, at a Senate ing office building. Each of these functions ficers are located at the entrances of all 19 Rules Committee oversight hearing. The imposes different security requirements. The buildings comprising the Capitol Hill com- plan called for ‘‘improved security at all en- Capitol Police Board, established by Con- plex. Inside the Capitol, security cameras trances to Capitol Square through the use of gress to protect the Capitol complex, has re- and motion detectors monitor the movement a combination of high impact vehicle bar- sponsibility to reconcile the needs of safety of people. Uniformed and plain-clothes offi- riers that are police activated at the most and openness. Acting under the direction of cers are stationed in the House and Senate critical locations, or card activated at park- House and Senate oversight and appropria- chambers, and throughout the building. All ing related areas.’’ The primary elements of tions committees, the board has recently in- trucks making deliveries to the Capitol must the plan were: (1) ‘‘a continuous string of se- stituted numerous enhancements to the Cap- first go to a central delivery site where the curity bollards similar to those designed for, itol security system. To further enhance se- contents are unloaded and subjected to X- and installed at, the White House;’’ (2) ‘‘new S9118 CONGRESSIONAL RECORD — SENATE July 28, 1998 impact stone planters consistent with the building and environs.’’ During May 1997 better prepared for orderly evacuation in the Frederick Law Olmsted walls;’’ and (3) an hearings on H.R. 20, members of the Police event of an emergency, and strengthen the ‘‘integration of electronic and other security Board stressed that a visitors’ center would security of the Capitol while preserving free systems at each entrance.’’ The continuous enable the Capitol Police to regulate the public access.’’ security perimeter would be located largely number of people inside the building at a We want to, in every way, maintain within Olmsted’s original walls, as designed given time, allow them to be better prepared this, the people’s building, and to pro- by the acclaimed 19th century landscape ar- for an orderly evacuation in the event of an chitect. emergency, and strengthen the security of vide for the greatest degree of access A month later, the Rules Committee ap- the Capitol while preserving free public ac- that we can possibly achieve, given the proved this plan, and also authorized the Ar- cess. need for increased security measures. chitect to move forward immediately in de- Both bills call for the establishment of a It is my fervent hope that in the years veloping perimeter security for the area im- separate account in the Treasury to handle to come, not only 7 to 10 million, but mediately adjacent to the three Senate of- funds for the project. S. 1508 directs the Cap- even more Americans and visitors from fice buildings. On April 30, 1998, Congress ap- itol Preservation Commission to ‘‘develop a abroad can come and see this structure proved $20 million for ‘‘the design, installa- detailed plan for financing the project at the and the symbol of freedom for which it tion and maintenance of the Capitol Square lowest net cost to the Government.’’ H.R. 20 perimeter security plan’’ as part of a FY 1998 directs the Architect of the Capitol to de- stands. supplemental appropriations bill, which was velop and submit a plan to the commission Mr. President, I am having a portion signed into law the following day. These ‘‘that would enable construction of the of the report that was associated with funds include $4 million ‘‘for physical secu- project to be completed without the appro- the United States Capitol Square Pe- rity measures associated with’’ the plan. Use priation of funds to the Legislative Branch.’’ rimeter Security Report be reworked of the remaining $16 million was discussed in The estimated cost of the proposed visitors’ by the Architect’s office so it can be documents provided to the Senate Rules center is $125 million. Of this amount, the printed in the RECORD. I also hope be- Committee at the September 1997 hearings. Commission has already raised $23 million. fore the day’s conclusion to introduce a The Senate version, as initially reported, Proposed Supreme Court Perimeter Security provided that funds for perimeter security of draft of a bill which would be taken up A related proposal calls for the develop- Senate office buildings be subject to review in markup tomorrow, but I am await- ment of a perimeter security plan for the Su- and approval by the Senate Appropriations ing instructions from the majority and preme Court building and adjacent grounds. and Rules and Administration Committees. In FY 1997, Congress appropriated $150,000 for minority leader and, indeed, the Funds provided for perimeter security of the a preliminary study under the director of the Speaker’s input, which I hope to get Capitol Square were subject to review and Architect of the Capitol, which was com- today. approval by the House and Senate Appropria- pleted by private consultants. In June 1998, I thank the Chair. I thank the man- tions Committees, the Committee on House Chief Justice William H. Rehnquist approved ager of the bill. I yield the floor. Oversight, the Speaker of the House, and the schematic plan presented by the Archi- Senate Rules Committee. Mr. CAMPBELL. It is my under- tect and security consultants. The Court’s standing that the Warner amendment OTHER CURRENT SECURITY PROPOSALS FY 1999 budget request includes an addi- of technical changes is supported by Proposed Capitol Visitors’ Center tional $500,000 for ‘‘detailed design develop- both sides of the aisle. I urge its pas- ment and preparation of construction draw- Still pending before Congress is a proposal sage. to construct a visitors’ center beneath the ings’’ for this project that are ‘‘consistent east front plaza of the Capitol. This proposal with design schemes being implemented Mr. WARNER. May I ask the man- has implications for security enhancement through the Capitol complex perimeter secu- ager, have we had a chance to compare because the center would serve as the pri- rity.’’ It is estimated that a Supreme Court the two drafts, and is the draft at the mary entrance and exit for visitors, allowing perimeter security plan would cost approxi- desk to be amended at all? the Capitol Police to screen them more effec- mately $5.1 million. It is the same? So the draft at the tively. At the same time the center would Mr. WARNER. From that report: desk, then, is the same. I join with the create space for several auditoriums, a cafe- Seven to 10 million tourists visit the Cap- manager in moving the bill. teria, educational exhibit facilities, rest- itol complex annually. In 1997, the Capitol The PRESIDING OFFICER. The rooms, and a first-aid station. Planning for hosted more than 2,000 American and foreign question is on agreeing to the amend- the visitors’ center has been underway since dignitaries, and was the site for nearly 300 1991, when the Architect of the Capitol re- scheduled demonstrations. In addition to ment. ceived approval to use previously appro- lawmakers and their staff, a sizable number The amendment (No. 3356) was agreed priated security enhancement funds for the of journalists, lobbyists, and service person- to. center’s conceptual planning and design. nel also work within the Capitol complex. Mr. CAMPBELL. I move to recon- The design was completed in June 1991, and The challenge of achieving a secure envi- sider the vote. reviewed by the House and Senate Appro- ronment for the Capitol complex, while still Mr. WARNER. I move to lay it on the priations Committees and the Senate Com- maintaining an atmosphere of openness, has table. mittee on Rules and Administration. In De- become increasingly difficult in this cen- Mr. President, I wish to thank the cember 1993, the Capitol Preservation Com- tury. Both the potential threats to the Cap- distinguished Senator from Colorado mission allocated $2.5 million to translate itol and the number of people using the area the concept into a formal design. The Archi- every day have grown dramatically. Inci- and his distinguished partner, the tect entered into a contract with RTKL As- dents such as the 1993 bombing of the World other manager of the bill, for their co- sociates Inc. to develop a design for the visi- Trade Center and the 1995 bombing of the Al- operation in expediting this manner. tors’ center, and in 1995, the Architect pub- fred P. Murrah Federal building in Oklahoma Mr. CAMPBELL. I now ask unani- lished a report reflecting RTKL’s work. City, as well as international confrontations mous consent to return to the Hutch- H.R. 20 and S. 1508, introduced in 1997, ‘‘au- like Desert Storm in 1991, have prompted in- inson amendment. thorize the Architect of the Capitol, under creases in the level of security afforded the The PRESIDING OFFICER. Without the direction of the Capitol Preservation Capitol complex. objection, it is so ordered. Commission, to plan, construct, equip, ad- This report talks about the legisla- minister, and maintain a Capitol Visitor The Senator from Kansas. Center,’’ and ‘‘reconstruct the East Plaza tive proposals. I refer to one of the last TAX CODE SUNSET AMENDMENT . . . to enhance its attractiveness, safety, paragraphs. Mr. BROWNBACK. Mr. President, I and security.’’ S. 1508 would delegate respon- S. 1508 [a bill that I drafted and put in with rise to make a few remarks regarding sibility for the design, installation, and the distinguished majority and minority the Hutchinson amendment that is to maintenance of the center’s security systems leaders several months ago] identifies the to the Capitol Police Board, which would be primary purpose of the center as the en- be offered shortly regarding the Tax required to conduct a study assessing ‘‘secu- hancement of Capitol security. When it was Code sunset bill or Tax Code Elimi- rity cost savings and other benefits resulting introduced, Senator John WARNER, chairman nation Act that he has been working from the construction and operation’’ of the of the Committee on Rules Administration, on. I have been working with him, center. emphasized that the ‘‘most compelling need along with a number of our other col- S. 1508 identifies a primary purpose of the for the Capitol Visitors Center is to add a leagues in the Senate, in considering center as the enhancement of Capitol secu- major element of enhanced security for the this particular piece of legislation. rity. When it was introduced, Senator John entire Capitol building and environs.’’ I congratulate the Senator from Ar- Warner, chairman of the Committee on ‘‘During May of 1997 hearings on H.R. 20, Rules and Administration, emphasized that members of the Police Board stressed that a kansas on his work on pushing forward the ‘‘most compelling need for the Capitol visitors’ center would enable the Capitol Po- a sunsetting of the Tax Code and a Visitor Center is to add a major element of lice to regulate the number of people inside sunsetting of the burden it places on enhanced security for the entire Capitol the Capitol at a given time, allow them to be the American families—not so much of July 28, 1998 CONGRESSIONAL RECORD — SENATE S9119 the rates, even though I think those Now I think most people would say in right now is, we are saying yes, it is a are too high; not so much as the level this time of difficulty for families that bad Tax Code, but we are not willing to of taxation, which I think are too high that is a bad signal to send. We are do anything about it. as well; but the burden simply of such going to tax marriage as a disincentive This amendment would simply say an oppressive, intrusive Tax Code. to marriage in the system. People say we are going to do something about I want to share a little bit with my we didn’t put it there as a disincentive. this over the next 41⁄2 years. We are Members here in the Senate about the Well, it is a disincentive to marriage going to pass a new Tax Code. We are nature of this Tax Code and some of and it is built into the Tax Code and it sunsetting this one at a date certain, the things that are happening within is substantial. It is also preposterous. and let the great national debate begin. this Tax Code. I have a chart here that Our society is built on the foundation I think that is a just and equitable way I think says quite a bit about where of solid families. Creating disincentives to go, and it is not a radical way to go. our Tax Code has evolved to. Look at to solid families is the wrong signal for The bottom line is that the Tax Code the basic foundation. The Declaration us to send at this point in time in our we now have in place punishes good in- of Independence, 1,300 words; the Bible, Republic. It is the wrong signal to send vestment decisions and distorts the 773,000 words; the United States Tax at any time. Because of the marriage labor market, as well as our rates of Code, 2.8 million words and growing. penalty and other inconsistencies in national savings. It hurts the family And growing. That is just too much, our Tax Code, I am convinced that this and manipulates behavior by adding in- too much of a burden. is a Tax Code that history will report centive to do one thing while punishing I also want to share with my col- as one of the most onerous burdens another, which frequently goes in the leagues, this debate has been going on ever faced by the American public. Our wrong direction. for a little bit of time, so we contacted amendment aims to make this code Here is another quick example of an the IRS and said could we have all of history and to require Congress and the inadequacy in our Tax Code that is a the forms that you send to the average President to put in place a new code, a harmful public signal. I don’t know if American in asking them to fill out fair and a simpler tax code, that has you recall this; some people will. I their taxes. We just want to see the far less micromanagement from the mentioned this previously on the floor. forms that the average American gets, Federal Government, and is far more If you are a chronic gambler, you can and we would like to have all of them. oriented towards growth and toward deduct your gambling losses. If you are It was interesting that the first thing the family. a homeowner who made an unlikely in- they responded from the IRS head- Mr. President, I want another Amer- vestment and the value of your home quarters is we don’t have all of the ican century. I want it for my children. declined, you have no recourse in the forms. They said they couldn’t get I want it for my children’s children. Tax Code because you cannot claim a those, so they did send us about two- And I want it for all Americans. I am deduction for capital loss. The question thirds of them. I would like to show convinced that with this type of a sys- is, Why can somebody deduct a loss as- Members, these are just the forms. tem, with this type of micromanage- sociated with a bad game of blackjack This is not the law. These represent ment out of Washington, we cannot but not a loss associated with their pri- the regulations that explain what is have another American century. This mary residence in which they were the taking place with the IRS code. These code must be scrapped. We put plenty unfortunate victim rather than the are just the forms that they send and of time in place to come up with a new, willing participant? The code is full of the instructions that go with those better, simpler tax code that is more inconsistencies like the one I men- forms. There are a lot of other docu- liberating to the families, that is more tioned—perhaps unintended—that peo- ments that go along with these, as supportive to business, and is far more ple got into over a period of time. well. I hope I can get these stacked on intelligible by the public. I would like to think that what we the desk and the desk will hold it. As a matter of fact, I simply ask my could do now is start a reasoned and The burden on the back of this desk colleagues that don’t support this type is the burden on the back of the public. great debate about a simpler, fairer, of amendment, could we do any worse This is not even all the forms. It rep- better system that is far less about than the current Tax Code? Could we resents two-thirds of the forms shipped micromanagement and raising revenue truly be any more complicated than out by the IRS to the average tax- for the Federal Government, and not the current taxation system? Could we payer, to businesses, saying these are about sending bad signals to the public. be any more onerous and unintelligible the sort of things you have to fill out. Some may disagree about how we than the current tax system if we sun- Not only do you have to fill them out, would go about going to a different Tax set this and go to another? I ask that you have to fill them out correctly. If Code, but this is precisely the issue you don’t get them correct, you are question as I travel around the State of upon which we must focus our debate. subject to fines, penalties, possible im- Kansas, and I don’t get many people We must decide where we want the tax prisonment, from this horrendously that say it could get any worse. It has to be imposed, and we must understand complex Tax Code that many people— grown over the years and we have the imposition of the tax on the health even with some advising from the Gov- added and added and amended and of the economy. However this debate ernment—don’t get the answer right. amended. Americans are demanding takes shape, we must have as our goal If that doesn’t define a burden, I tax reform and we have promised tax a tax system that doesn’t distort be- don’t know what does. What is even reform. It is now time to deliver on havior and create deadweight loss. We worse is that the Federal Government that promise to the American people. must have as our goal a pro-growth, is not content merely in collecting Some will argue that we have to be pro-family tax system. We should have taxes or making complex taxes. It careful about any radical changes to as our model some kind of simpler and wants to control behavior, as well. our tax laws, and I agree. I believe that fairer and far more understandable Some of those things it would put in we must carefully weigh alternative code. the Tax Code are not even very good, plans, debate the macro and micro ef- As I travel across Kansas, I ask a lot either. fects of each, and then arrive at a of people about whether or not they I want to give a great example of thoughtful and reasoned solution that regularly, or even within the last micromanagement by the Federal Gov- is equitable and just. That is why we month, have made a personal or busi- ernment of people’s daily lives in a are putting this off 41⁄2 years until we ness decision based upon the Tax Code. negative fashion; that is, the marriage actually go to and require a new Tax Virtually two-thirds say that, ‘‘Over tax penalty. Most people are familiar Code. We are saying 41⁄2 years of debate, the last month, I have made a business with the marriage tax penalty, and but let’s finally start the debate. We or a family decision based upon tax that is a tax on people to be married, haven’t even gotten started on it. We policy.’’ That is not what we want to two-wage-earner families, to be mar- are saying let’s start the debate, and create. It is a system where everybody ried. They will pay more in taxes than let’s set a time certain that we will has to consult with the Tax Code be- two single people. Two single people have a new Tax Code that is fairer and fore they make a business decision, who choose to live together would pay simpler, and let’s have a great national where everybody has to consult the less in taxes than a married couple. debate about it. The way we are going Tax Code before they make a family S9120 CONGRESSIONAL RECORD — SENATE July 28, 1998 decision. Yet, that is the system that mortgage, some personal debt, and a such—would be subject to a blue slip. evolved to where we are today, to family depending on your income it is For these reasons, I encourage my col- where it is micromanagement out of not only imprudent, but could result in leagues to vote against this amend- Washington. devastating consequences. ment and join me, and the many others I ask the public in Kansas, ‘‘Imagine Prudence, control, and careful plan- who realize the importance of real tax if you had a system that, regardless of ning—that’s what our tax reform ef- reform, in working for a successful new the business decision you made or the forts require from us. Sunsetting the code. family decision you made, the tax re- tax code without an alternative in Mr. President, I yield the floor. sults were the same. Would you like place would create pandemonium in Mr. GRAMS addressed the Chair. such a system?’’ They say, ‘‘Abso- the marketplace. The PRESIDING OFFICER (Mr. lutely.’’ Furthermore, they would have What would it do to our credit rat- SMITH of Oregon). The Senator from more economic growth, as they would ing? To our ability to meet current re- Minnesota. put the money into a better economic sponsibilities? How would it be per- Mr. GRAMS. Thank you very much. Mr. President, I rise to strongly sup- decision taking place here, and they ceived internationally, among our eco- port Senator HUTCHINSON’s amendment would not be penalized as a family nomic partners, and in the global bank- to terminate the tax code. I commend member doing things that are the best ing community? And how would it af- his leadership and his persistence in for their families. fect our families and business commu- advocating what is real tax reform. nity? How do they plan? Where do Let’s begin the great national debate. Mr. President, more than 200 years Americans put their money for retire- Let’s sunset this Tax Code and move to ago, our ancestors staged a tea party ment, for pensions, for investment, for something new. Our bill will enable the and revolted against their mother housing? What will happen to the home debate to take place outside of the country to protest the imposition of mortgage deduction? And how will that realm of some of the demagoguery be- unfair taxes. Today, taxes imposed by influence the real estate and home- cause it does protect the important our own government are unfair by any building markets? funding mechanisms for Social Secu- standard. Had our ancestors faced a tax Today the Dow Jones industrial aver- rity and Medicare. We set aside those system as punitive as ours has become, age is down because of recent corporate chapters in the IRS Code; we don’t they might very well have jumped into earning reports and developments in touch those. I believe we have a com- the harbor along with the tea. mitment to ensure that we have a full, the investigation into the President. Americans today are working harder honest, and open debate. Our bill will Can you imagine what will happen but taking home less of their pay. give that opportunity to this Senate. when news hits that the tax code is Why? In excess of $1.7 trillion of their Finally, Mr. President, as we look going to be sunset without a consensus income is siphoned off to Uncle Sam forward to the new millennium and, or even a blueprint for a replacement? each year. In 1997, total taxes—federal, If Congress votes to sunset the tax hopefully, another American century, state, and local—claiming a record 38.2 code and does not enact a replacement we will provide the American people percent of a typical family’s income. with a renewed sense of the American by December 31, 2002, what happens? Nearly 40 percent of everything the dream, a renewed sense of what it We need a tax system—despite how average family made went to support means to be an American and what it much I would prefer it to be otherwise. government. means to live in America. We can’t If there is no replacement by Decem- Nearly 4 hours of every 8-hour work- achieve that with this taxation system. ber 31, 2002—if Congress has not yet ing day are dedicated just to paying It is time to sunset it, start the debate, reached a consensus, if the decision— taxes. The total tax burden borne by and get to a better one. the best Congress can do—is to extend the American taxpayer in 1998 is the Mr. President, I yield the floor. the tax code we have voted to sunset highest in U.S. history. Mr. ROTH addressed the Chair. then that extension would, in effect, We are being taxed at a higher level The PRESIDING OFFICER. The Sen- become the single largest tax increase today than at any time in history, in- ator from Delaware is recognized. in history! cluding World War II and other con- Mr. ROTH. Mr. President, throughout I do no want to be party to that. I flicts. my career, I have been a strong pro- don’t think any of my colleagues do. The tax code must be terminated be- ponent of tax reform. I have made no To tear down the tax code before cause the earnings, spending, and sav- bones about the fact that the tax bur- Americans know what will replace it is ings of the American people are taxed den borne by Americans is onerous and dangerous. We must work to change over and over to squeeze more money counter-productive to real economic the current system. Toward this end, I out of their pockets to line the pockets growth, jobs, and opportunity. I have pledge my every effort. of government. Income is taxed when made it clear that we stand in need of We must eliminate the current code’s it’s first earned. The after-tax income tax reform—a tax code that is simple complexity. We must bring relief to is then subject to certain excise taxes and fair, placing the needs and growth those who are bearing a back-breaking when spent. of our families and communities before load. We don’t need to fiddle at the If this after-tax income is saved in a the needs and growth of the Federal edges of the current code. We can savings account or invested in a busi- bureaucracy. change the code altogether. We can ness, the interest and profits will be I am encouraged by the developing create an innovative and promising taxed again. If the corporation pays consensus for serious tax reform. As code for a new century. But we must do out its after-tax earnings as a dividend chairman of the Finance Committee, it in an organized and orderly way. To to the saver, or if the saver sells his in- this is among my highest priorities. vote for this amendment is to pass the vestment, the savings is taxed a third And I look forward to working closely buck to future Congresses. We can go time through a capital gains tax. with my colleagues toward building a home and declare victory for taking a If the saver dies with some accumu- promising new tax system that will strong stand for tax reform, but then lated savings, these savings will be open a world of possibilities as Amer- the issue will still have to be ad- taxed a fourth time through estate and ica moves into the 21st century. dressed, a consensus will still have to gift taxes. Even after death, one’s tax At this time, however, I caution my be developed, Americans will still need liability lives on. colleagues to not let the momentum we to be included in such an important ef- The tax code must be terminated be- are gathering overtake our construc- fort. cause it has long been used as a tool for tive endeavors. I am sympathetic to this amend- social engineering and income redis- To sunset the current tax code with- ment. Emotionally, it appeals to me. tribution rather than sound economic out first structuring a better system But it is not right. It is not right ana- policy. would be something like quitting your lytically. It is not good public policy. Clearly, a system of graduated mar- job before first establishing where your And it, in fact, is not right Constitu- ginal rates violates the principle of new place of employment is going to tionally. Only the House can originate fairness. In addition, special interest be. While such a move may be satisfy- a revenue measure. This vote would groups are often unfairly rewarded by ing and even exciting, when you have a constitute a revenue measure, and—as politicians with special tax privileges. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9121 We need to have a date certain when to go out for supper and you take my The copy I have here is about 7,000 this Tax Code is going to end and that credit card, you might spend $500 on a pages long in very small type. Frankly, we can begin with something new. No night out. In Washington, much of that that is absurd. This Tax Code contains matter what we have done recently to is what is happening. the accumulation of 85 years of special try to improve the IRS and the Tax With millions of our citizens demand- interest provisions—your special inter- Code, it is like putting lipstick on a ing real tax reform, Congress must est, my special interest, somebody pig. We can’t make it pretty. We have grasp this historic opportunity to de- else’s special interest, but it has be- to pull this code out by the roots, and liver change—change that will forever come a hodgepodge. It is not under- we have to change it and replace it repair the system, honor our great standable. It makes no sense. It is not with something that is friendly and American heritage of individual choice simple. It is not fair. It is hopeless. We that is fair and taxpayer friendly. and responsibility, and reflect true ought to start over and try to get it We need something like this legisla- American values. right and make it fairer and simpler. tion to act as a stick of dynamite In sum, Mr. President, the current It has become, quite frankly, a three- under the chairs of Congress to make tax code is an unmerciful mess—but it headed monster, and we have to cut off them act, rather than procrastinating doesn’t need to be. We can and must re- all three heads. We are working on two and saying, ‘‘We will do it next year, or place it with a new system that is sim- of those. One, you cut off the head of maybe the year after, or the year pler, fairer, flatter, and friendlier—a unfairness and try to provide some of after.’’ The American taxpayers aren’t better system that will lead this great the tax relief that really is needed by going to wait that long. country into the 21st century. allowing families with children to keep The Tax Code must be terminated be- We will not have a better incentive more of their money, as we did last cause it has become simply com- to reform than an actual date to termi- year; by moving to eliminate the death plicated. It is difficult for anyone to nate the code. I urge my colleagues to tax, as we started on last year; by support Senator HUTCHINSON’s in this understand, as Senator BROWNBACK hopefully getting started seriously showed us with this huge stack of just very, very important amendment. phasing out as soon as possible the Thank you, very much. I yield the the forms that we are having every marriage penalty tax this year. We are floor. year. The Tax Code has grown, as he Mr. LOTT addressed the Chair. doing some things that make it fairer showed us, from 14 pages when it was The PRESIDING OFFICER. The ma- and even a little simpler, and we will first enacted to more than 10,000 pages jority leader. continue to do that. We should do some of Tax Code today, plus another 20 vol- Mr. LOTT. Mr. President, I do want more of it this year and some more the umes of tax regulations, and then thou- to say to the managers that I don’t next year. We should do some of it sands of pages and instructions that go think we should have a lengthy debate every year. along with it. Even the IRS and tax this afternoon on this subject. It is one The second head is intimidation—the professionals repeatedly make mis- that I could see us spending hours or culture, the problems at IRS that we takes. IRS agents reportedly gave days on, because there is plenty to talk saw that have developed over the years wrong answers to taxpayers at least about. But we need to continue to since the last time we reformed the half of the time. And the question is, make an effort to move our appropria- IRS Code way back in 1952. Well, this How can anyone master all of the code? tions bills. year we got it done. It took us almost I don’t blame the IRS or any of the I know the distinguished chairman of a year, but we did get fundamental re- good workers at the IRS. But it is Con- the Subcommittee on Treasury and form and restructuring done. That was gress that has developed a Tax Code Postal Service, the Senator from Colo- the second head that we were able to that is so complicated that even the rado, would like to do that. He and the chop off and deal with. experts in the field of the IRS can’t ranking member from Wisconsin are But the third one is to terminate this guarantee that they are going to give working hard. But I want to give a few Tax Code, do it in a responsible way. It the average taxpayer an answer that is remarks briefly in support of this won’t terminate until December 31, right when they call and ask. amendment. I have stayed away from 2002. Plenty of time to decide. So, again, the tax code must be ter- doing that on amendments on appro- When I go to my own State and I ask minated because it’s too expensive for priations bills because I have been dis- people: What do you think about the the American people. The IRS employs couraging amendments all along the Tax Code? They react negatively. And I over 102,000 agents to collect taxes, line. But this is one I feel strongly say: How many of you think we should more agents than the FBI and the CIA about. eliminate it? Every hand, every hand combined. The taxpayers must pay It is also very hard for me to rise in goes up. Then you start saying, OK, more than $8 billion each year to oper- support of an amendment of this na- what are we going to replace it with? ate the IRS. ture when the chairman of the Finance We have got time to go to the people in Worse still, American families, small Committee is expressing his reserva- Wisconsin and Colorado and ask their business owners, and corporations will tions. But it is totally understandable. opinion. spend at least another $225 billion just He wants to make sure that when we Let’s think this thing through. Let’s trying to comply with the Tax Code, do it, we do it right, and that we de- do it right. But let’s make it clear, money that could be better spent else- velop another tax system that we have let’s make it undeniably clear we are where. If they fail to comply due to in- thought about. He is doing what you going to do it. This is the way to do it. nocent mistakes, the IRS penalties would expect a cautious chairman to Some people say, well, gee, unless could actually ruin some lives. do. He takes a back seat to none of us you have a plan in place, you shouldn’t The tax code must be terminated be- when it comes to finding ways to make do this. Well, in Michigan, the great cause the IRS has evolved into an arro- the Tax Code fairer and giving tax re- State of Michigan, a big State, they gant, inefficient, intrusive, and abusive lief to the American people. eliminated the property tax without a bureaucracy. IRS agents routinely use Having said that, I think we ought to replacement because they knew that their enormous, coercive power to do it. There is plenty of time here to the deadline would force their legisla- squeeze more money out of the tax- think about what the alternative is ture to act on a replacement. And they payers’ pockets to meet the demands of going to be. Four and a half years—how did. Wisconsin—Wisconsin—created a ever-increasing government spending. long does it take? I will tell you how deadline for abolishing its welfare sys- Rooted deeply within the system long it will take—forever, unless we tem, and it drove the reforms that have rests the core flaw of the tax system: make up our minds on behalf of the worked in that State probably better policymakers care little about spend- American people. With their support, than any other State, at least from ing other people’s money because the we are going to make this happen. We what I understand. money isn’t their own. Now is the time are going to do it. This will guarantee that we get it to reverse that thinking. Others have pointed out what we are done. I think we should pass the termi- If you are going out tonight for sup- talking about. Here it is, Mr. Presi- nation date, and I think we should per and spend your own money, you dent. This is the Internal Revenue make ourselves live by that date. We might spend $50. But if you are going Code. should move toward making decisions, S9122 CONGRESSIONAL RECORD — SENATE July 28, 1998 and we should fundamentally reform of both, we need to focus on this issue Finally, sunsetting the Tax Code our Tax Code. It is overdue. It is the in Congress. without any notion of how we might third head of this monster that must By passing a deadline, with 4 years to pay for it makes a mockery of the be removed so that the American peo- go, we will set a date that will force us progress we have made in balancing the ple can be free, free of the oppression to confront this issue and respond to Federal books. We are all encouraged that we have developed over these 85 the wishes of the American people. by the budget surplus and the strong years in this Tax Code. Having run for office just recently, in economic forecasts, but we should not I yield the floor, Mr. President. 1996, I know the American people are get ahead of ourselves and think that Mr. SESSIONS addressed the Chair. confident the Government is going to the good news warrants a swift depar- The PRESIDING OFFICER. The Sen- have money to run itself. I also know ture from the tough decisions and fis- ator from Alabama. they want tax reductions. With the re- cal discipline that brought us to this Mr. SESSIONS. I rise in support of cent surpluses, they want more than point. this proposal by Senators HUTCHINSON they wanted just a few years ago. But So for these reasons I will support, and BROWNBACK, the proposal so elo- what they really want is a Tax Code when it is raised, a Budget Act point of quently supported by the majority that is simple and fair, and we can give order against the Brownback amend- leader, TRENT LOTT. He is exactly that to them. We need to make a com- ment. I urge my colleagues to do the right, in my opinion. mitment to that end. And if we do so, same. I was at that first press conference I believe that people in this country The PRESIDING OFFICER. The Sen- when this proposal was announced. I will appreciate it very much. ator from New Jersey. believed in it then and I believe in it I favor this proposal. The American Mr. LAUTENBERG. Mr. President, I now. The Internal Revenue Code with people are fed up. It will help make rise in opposition to this amendment, 7,500 pages and over 800,000 words, has this country competitive because we which eliminates the Tax Code without grown each year and continues to will not have wasted all this time and an alternative. grow. We cannot ask the American peo- effort collecting taxes. Instead, we will Mr. President, I heard it said that we ple to read thousands of pages before spend it developing new and improved ought to ‘‘pull it out by its roots,’’ get they pay their taxes. We cannot ask products in our businesses and indus- rid of it now. Well, I would hate to go them to pay hundreds and hundreds of tries in America so that they can con- to a dentist with a toothache and have dollars to have accountants do their tinue to be competitive in the world. the dentist say, ‘‘You know what, we tax returns, returns they used to be I appreciate this opportunity to are going to look at this tooth. First, able to do themselves. It is simply not speak. I salute Senators HUTCHINSON we will pull it out by its roots, and fair, and it is not right. and BROWNBACK and all others who sup- then we will look at it.’’ As I recall what a good tax is sup- port this amendment, and I look for- That is what is being proposed here, posed to be, if there is a good tax, ac- ward to being a part of the reality of Mr. President. This amendment would cording to the textbooks, it is a tax eliminating the Internal Revenue Code get rid of the Tax Code, but without that is understandable. It is a tax that as we know it today. any indication of what would replace Mr. KOHL addressed the Chair. is predictable in terms of revenue. I it. Instead, we could be left without The PRESIDING OFFICER. The Sen- any revenues to operate the govern- would say that is one thing our Tax ator from Wisconsin. ment. We could be left with no revenue Code does, it produces a very large but Mr. KOHL. Mr. President, I would to support our military and protect our predictable supply of revenue. But a like to speak in opposition to the country. With no revenue to buy the ‘‘good’’ tax is also supposed to be easy Brownback amendment. weapons systems we need for the future to collect and is supposed to be per- Sunsetting the Tax Code may sound to advance our country techno- ceived as fair. I would say it is only in catchy and attractive, but in truth it is logically. the predictability of revenue that our simply wishful thinking until we have Mr. President, this amendment will Tax Code acceptable. Otherwise, it is some concrete idea about its replace- create tremendous uncertainty in the really on unacceptable terms that reve- ment. business community. They’re not going nue is raised to fund this great Govern- Now, we all agree that the current to know when they can make invest- ment. code is too complex and too burden- ments and when they cannot. For ex- A few months ago, last fall, DICK some for the average taxpayer, and ev- ample, they will not know whether the ARMEY and BILLY TAUZIN from the eryone agrees that we need a simpler R&D tax credit will be available. That House of Representatives came to my and a fairer system. But we also know is an important part of the code. But hometown of Mobile, AL, to have a de- that some sort of tax structure is nec- businesses will not know whether it bate about the Tax Code. Mr. ARMEY is essary to maintain the vital functions will remain available if this amend- in favor of a flat tax, and Mr. TAUZIN, of our Government. The current Tax ment is enacted. a consumption tax. The place was Code, however imperfect, allows us to Mr. President, I ran a big company packed, standing room only. They an- sustain our national defense, provide that now employs 31,000 people. I start- nounced it on the television and on aid to struggling farmers, make sure ed this company with two other guys, Sunday night people came out from all that those Social Security checks are poor people from New Jersey. We built over. They were fascinated and asked delivered on time, and much, much the company by planning ahead and questions. They were energized by this more. Down the road, we may envision making investments, often because we debate. I am told that everywhere Mr. and hope for a more direct route to knew that there were tax benefits that ARMEY and Mr. TAUZIN go people are providing those resources than the cur- we could count on. But if this amend- there in record numbers; they are in- rent tax system, but until we find that ment is approved, other entrepreneurs terested in this issue, and they care alternate route, this debate should re- will not be able to make similar plans. about it. main just that, a debate, an open dia- What the distinguished Senator from For days after the debate in Mobile, log as to what system would best serve Kansas is saying is, ‘‘Wait, before you people came up to me, and this is the the American people. In addition, sim- do any investing, let’s get rid of the question they asked: JEFF, can we real- ply sunsetting the code would be a dis- Tax Code. Wander where you want ly do it? Is this something we can do? aster for American business. We hear through the jungle for a couple of And my answer to them was: Abso- so much about the need for American years, and that will make the Congress lutely, we can do it. There is no reason corporations to make long-range busi- respond.’’ under this Sun that we cannot pass a ness plans, and indeed that is true, I don’t understand it, I must tell you. simplified Tax Code. We must be able they must. But how will that be pos- Sometimes I think I work in a different to say to the American people, the peo- sible if they don’t know what Tax Code place from some of my colleagues, be- ple who elected us, that we can produce they will face after the current one cause the references are to ‘‘them.’’ a Tax Code that is simple, fair, easy to sunsets? How many resources would ‘‘They will never get it done unless understand, and produces a steady rev- companies waste trying to plan for all we pull it out by its roots.’’ enue. And whether it is a flat tax or a the possible new tax codes that we ‘‘They will never get it done unless consumption tax or some combination might enact 4 years from now? we make the pain excruciating.’’ July 28, 1998 CONGRESSIONAL RECORD — SENATE S9123 ‘‘Fear of shutting down Government, pany was one of the earliest in the Democrat on the Budget Committee, fear of being unable to operate, that computer business, and we learned that and I expect that a point of order will will make them move.’’ technology is the way to the future. We be raised against this amendment be- Who is the ‘‘them’’ and who is the helped start an industry called the cause it violates the budget rules. I ‘‘they’’? Who is the ‘‘we’’ and who is computing industry. It is different hope that our colleagues respond ap- the ‘‘us’’? We are all in this together than the computer industry. The com- propriately. for the American people. puter industry is the hardware. The I respect those who differ with me, Look at the economy. I hear about computing industry is all else. It is but I will tell you this: If a company I this oppressive Tax Code and the num- programs. It is engineering. It is all was investing in decided that they ber of pages, and ‘‘Compare it to the those things. It is an industry that is couldn’t figure out what the revenues Holy Bible.’’ dramatically improving efficiency in so were going to be and they wanted to ‘‘Holy cow,’’ that is what I say, ‘‘holy many ways. operate and just go ahead and see what cow.’’ What are we going to do? Are we Mr. President, from my experience in happens, make all kinds of invest- going to weigh these things? Do we the business community, I know the ments, I would get out of there in a want to buy a scale here and say if it problems that would be created if we hurry. There is not a company in weighs less than a certain number of simply rushed out and eliminated the America who will make big invest- grams, pounds, ounces, it is OK? But if entire tax code without a replacement. ments if they do not know what the tax it weighs over that, overboard? It would be a serious mistake. treatment is going to be. Go to the business community and Yes, the Tax Code ought to be sim- I am going to yield the floor, but I ask them what they think about pler. Yes, people ought to pay less. But hope my colleagues are going to join throwing it all away. They will tell you you don’t get something for nothing in me in standing up for what is right for that we would only be punishing our- life. You don’t get it in a country club, America and do things in an orderly selves. you don’t get it in a schoolroom, and fashion. Mr. President, I agree that the Tax you don’t get it in the United States of I have heard the plea made so many Code is too complicated and too cum- America. times: Why can’t we operate like a bersome. But the way to solve that is We have seen what happens with business? Why can’t we operate like to offer something positive. It is to those countries where they have codes families do? We want to do just that. offer a real alternative. that say you don’t have to pay—com- We want to operate just like a business I also would point out, Mr. President, munism. You don’t have to pay. They that plans its actions, lays it out on a that eliminating the whole tax code produced a society in Russia that is al- piece of paper and says, ‘‘This is going could undermine much of the progress most flat broke, dispirited, broken to be our revenues, this is going to be we have made in recent years. We have down, can’t produce a product. We say our expenses, and this is where we want gone from a deficit of $290 billion six let the free market operate, and let the to be 5 and 10 years from now.’’ years ago, to a surplus that is now pro- Tax Code reflect what the objectives Instead, we now have a proposal that jected to be $60 billion. And for the are; to build a society, to invest in this says, ‘‘What we can do, ladies and gen- next decade, we will have $1.5 trillion society, to give people a chance to get tlemen, and the board of directors and to pay down our debt. an education, to know that when they the president of the company, is we are But this amendment would reverse are 65 years old that Social Security is going to ask you to hold your breath, this progress. It says that we want to going to be there and its purchasing we are going to make the investment play political games. That is what this power is protected. anyway and take the chance it is going is about. This is almost becoming a na- What a remarkable thing we are wit- to come out right.’’ tional sport here. It is not football, nessing today, and how in a few words Fire that guy. baseball or basketball, it is politics. here we like to disparage it. ‘‘It don’t I yield the floor and hope that my We are going to take away the reve- work. It ain’t good. Get rid of it.’’ colleagues will assess the threat that nue code. Do you know what? You are Here we produced surpluses when this reckless proposal poses to our Gov- not going to feel it, Mr. Citizen. Every- deficits were the rule. And we want, ernment, our Nation, and our economy. thing is going to be hunky-dory. And now, led by the President of the United Mr. HUTCHINSON addressed the do not worry if the FDA can no longer States, to shore up Social Security so Chair. approve new drugs. And do not worry if somewhere in the 2070s—it is pretty ob- The PRESIDING OFFICER. The Sen- the National Cancer Institute can no vious I won’t be running by then; I ator from Arkansas. longer do the research needed to help might, though—we want to make sure Mr. HUTCHINSON. Mr. President, in defeat breast cancer or prostate cancer Social Security is there for our chil- accord with the majority leader’s re- or to help the newborn grow up dren, for our grandchildren. quest that we move expeditiously, I healthy—no. No. We are going to fix That is what we are doing now, and it will keep my remarks very brief. I the revenue code. But you are not is all part of a fiscal plan. You can’t want to read one statement from the going to have to pay any price. You throw out the revenues without throw- American Conservative Union, a letter know, Mr. and Mrs. America, you know ing out the expenses. I am sure the sent to all my colleagues, the last there are free lunches all over this Senator from Kansas would say, ‘‘Of paragraph: place. You don’t have to pay for any- course.’’ We are pleased to support your legislation, thing. Well, what expenses? The expenses and will watch closely for a clean up-or-down Listen, no one here likes taxing peo- for the military, the expenses for re- vote on the bill with a view to including it in ple who work hard for their money. search, the expenses for development, our upcoming annual rating of the Congress. The President certainly doesn’t. He the expenses for education, the ex- I ask unanimous consent that the says: Provide tax relief for families penses for clean air, the expenses for letter be printed in the RECORD. who send their children to child care so operating our national parks, the ex- There being no objection, the letter that they can go out and work. Provide penses for leaving a legacy for our chil- was ordered to be printed in the relief to support education, so that we dren, that tell them there are still fish RECORD, as follows: can have the best educated society on in the oceans, fish in the streams, so THE AMERICAN CONSERVATIVE UNION, this Earth. That is where we want to that they have something to look for- Alexandria, VA, July 20, 1998. give tax relief—to ensure that our chil- ward to. Hon. TIM HUTCHINSON, dren can get a good education. No; the mission is destroy first and Dirksen Senate Office Building, That is especially important in our then decide what you are going to do Washington, DC. age of technology in the new millen- next. I spent 3 years in the Army, and DEAR SENATOR HUTCHINSON: On behalf of nium. I never had that. We always knew what the nearly one million members and support- ers of the American Conservative Union, I Mr. President, I come out of the tech- the mission was before we started out commend you for your introduction of S. nology business. I am, immodestly, on it. 1673, the Tax Code Termination Act. called, ‘‘a member of the Hall of Fame Mr. President, I am a member of the The purpose of the legislation is simple: by of Information Processing.’’ My com- Budget Committee. I am the senior abolishing the current tax code by a date S9124 CONGRESSIONAL RECORD — SENATE July 28, 1998 certain, the legislation would force a na- on a date certain is to force Congress to get July 1998, that is where we are now. tional debate on what kind of tax structure serious about fixing our tax system. Small Come November, we will have a con- best fits our nation’s needs, while meeting employers understand that a new plan must gressional election; November 2000, we the reform criteria of being lower, flatter, be ready for implementation before the old will have a Presidential election; July and fairer. If enacted, the bill would force code is put to rest. But, as indicated by the 4, 2002, we suggest in this amendment just such a debate into the center of the 2000 750,000 petitions they have signed and pre- federal elections, at both the presidential sented to Congress, small business owners that we should have a new code ap- and congressional level. want Congress to get started on scrapping proved; November 2002, more congres- Such a debate is a necessary prerequisite the seven-million word that causes them so sional elections before we finally reach for thoughtful action to revise the code ap- much time, money and grief. December 31, 2002, the sunset date. propriately. A president elected after such a I strongly urge your support of the Hutch- I suggest that is long enough. Let’s debate will be able to lay claim to a man- inson-Brownback amendment. It is time to give the American people what they date; the Congress chosen in those elections step forward and let the American people are demanding, and that is a Tax Code will have to respect that. know that their elected leaders have the that is fairer and simpler and friend- Some critics have suggested that the time- courage to change a system that is anti- lier. frame mandated in the bill is too restric- work, anti-saving and anti-family. Now is tive—that it doesn’t allow the 107th Congress the time to take action. AMENDMENT NO. 3249 enough time to reasonably hold hearings, DAN DANNER, (Purpose: To terminate the Internal Revenue draft, revise, markup, amend, and then pass Vice President, Code of 1986) on the floor a total rewrite of our tax code. Federal Governmental Relations. Mr. HUTCHINSON. Mr. President, We believe the contrary to be true. With a Mr. HUTCHINSON. Mr. President, with that, I call up an amendment I termination date set for December 31, 2002, like Senator LOTT, our majority leader, have at the desk, No. 3249, the Tax and a call for a new tax code to be in place I am most reluctant to offer this Code sunset amendment. by July 1, 2002, we believe there will be plen- The PRESIDING OFFICER. The ty enough time for the 107th Congress to con- amendment in opposition to the senti- ments of the chairman of the Finance clerk will report. sider and pass appropriate legislation. The assistant legislative clerk read We are pleased to support your legislation, Committee. Likewise, I have the ut- as follows: and will watch closely for a clean up-or-down most respect for my colleagues on the The Senator from Arkansas [Mr. HUTCH- vote on the bill—with a view to including it other side of the aisle. I want to re- in our upcoming annual rating of the Con- INSON], for himself, Mr. BROWNBACK, Mr. spond to a couple of things they said, MCCAIN, Mr. ABRAHAM, Mr. INHOFE, Mr. gress. my colleague from Wisconsin and my Yours sincerely, GRAMS, Mr. SMITH of New Hampshire, Mr. DAVID A. KEENE, colleague from New Jersey, who, to me, HELMS, Mr. MURKOWSKI, Mr. COATS, Mr. SES- Chairman. when they talk about this proposal SIONS and Mr. COVERDELL, proposes an amendment numbered 3249. Mr. HUTCHINSON. Mr. President, being something radical, what I hear in Mr. HUTCHINSON. Mr. President, I also, I have a letter from the National response is the politics of fear. They say, ‘‘Well, we’re not going to ask unanimous consent that the read- Federation of Independent Business in have a code, we’re not going to have a ing of the amendment be dispensed which they ‘‘strongly urge your sup- Tax Code.’’ And then, ‘‘We are not with. port of the Hutchinson-Brownback going to have the FDA, we’re not going The PRESIDING OFFICER. Without amendment. It is time to step forward to have FAA, we’re not going to have objection, it is so ordered. and let the American people know that roads, we’re not going to have Social The amendment is as follows: their elected leaders have the courage Security.’’ At the appropriate place, insert the follow- to change a system which is anti-work, ing new section: By the way, Social Security is omit- anti-saving and anti-family. Now is the SEC. ll. TERMINATION OF INTERNAL REVENUE ted entirely from this bill. It is not time to take action.’’ CODE OF 1986; NEW FEDERAL TAX even a factor. But we hear the politics SYSTEM. I ask unanimous consent that this of fear—the sky is falling. (a) TERMINATION.— letter from the NFIB be printed in the Let me assure my colleagues, there is (1) IN GENERAL.—No tax shall be imposed RECORD. nothing as certain as the Sun rising in by the Internal Revenue Code of 1986— There being no objection, the letter the morning but that this Senate will (A) for any taxable year beginning after was ordered to be printed in the December 31, 2002, and have a Tax Code come 2002. I assure RECORD, as follows: (B) in the case of any tax not imposed on you that this Senate and this House the basis of a taxable year, on any taxable NATIONAL FEDERATION OF will not allow this Government to go event or for any period after December 31, INDEPENDENT BUSINESS, without revenue. July 23, 1998. 2002. My goodness, if you love this Tax (2) EXCEPTION.—Paragraph (1) shall not Hon. TIM HUTCHINSON, U.S. Senate, Code so much and you like the loop- apply to taxes imposed by— Washington, D.C. holes and you like the deductions and (A) chapter 2 of such Code (relating to tax on self-employment income), DEAR SENATOR HUTCHINSON: On behalf of you like the exemptions and you like the 600,000 members of the National Federa- the exclusions so much, then you can (B) chapter 21 of such Code (relating to tion of Independent Business (NFIB), I urge Federal Insurance Contributions Act), and propose that we reenact this Tax Code (C) chapter 22 of such Code (relating to you to support the ‘‘Tax Code Termination’’ in total just like it is, and there you amendment that will be offered by Senators Railroad Retirement Tax Act). go. You go back and defend that before (b) NEW FEDERAL TAX SYSTEM.— Hutchinson and Brownback to S. 2312, the (1) STRUCTURE.—The Congress hereby de- Treasury-Postal Service Appropriations bill. the American people because that, I clares that any new Federal tax system The Hutchinson-Brownback amendment is say to my colleagues, is exactly what should be a simple and fair system that— a tremendous step forward in the effort to this debate is all about: Do you defend (A) applies a low rate to all Americans, abolish the current complex and abusive tax the status quo, or do you want change? (B) provides tax relief for working Ameri- code and replace it with a fairer, simpler Senator ROTH—and I love this man. I cans, code for all Americans. The amendment respect him like my father, and I think (C) protects the rights of taxpayers and re- would sunset the Tax Code after December he has done marvelous work in so duces tax collection abuses, 31, 2002, but not until Congress acts prior to many areas in the IRS. But I pose only (D) eliminates the bias against savings and that date by adopting a new, fairer system investment, with a low rate by July 4, 2002. Similar legis- this question to him and to all others (E) promotes economic growth and job cre- lation recently passed the House of Rep- who disagree with this amendment: ation, and resentatives on June 17, 1998. Passage of this How long? The fear that we are not (F) does not penalize marriage or families. amendment would bring Congress one step going to have it enacted—here is the (2) TIMING OF IMPLEMENTATION.—In order to closer to allowing the American people, time line: 41⁄2 years of national debate, ensure an easy transition and effective im- those who suffer the most at the hands of an 1 and if we can’t get it done in 4 ⁄2 years, plementation, the Congress hereby declares unjust tax system, to decide what system is then we can reenact this wonderful Tax that any new Federal tax system should be fair and simple. Code that those on the other side or The IRS Income Tax Code is beyond repair, approved by Congress in its final form not imposing excessive compliance costs on those who oppose this would like to de- later than July 4, 2002. small businesses nationwide. Yet, legislation fend. Four and a half years of national Mr. DORGAN addressed the Chair. to overhaul the Code has stalled in Congress. debate. Long enough—long enough—to The PRESIDING OFFICER. The Sen- The purpose of sunsetting the current code wait for tax reform. ator from North Dakota. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9125 Mr. DORGAN. Mr. President, let me place the current Tax Code with? A I think the Senator said: I don’t make a few comments about the value-added tax? A national sales tax? know what we should replace this with. amendment that has just been offered Or any one of a half dozen other I think that was the answer. Let me to the Senate. iterations? I do not know. ask a more specific question. If, in fact, The sponsor of the amendment asked Then I ask the following question: one of the alternatives would be a na- the question: How long? How long, he With whatever you replace the current tional sales tax—and certainly that is asks, will it take to get rid of the cur- tax with, do you intend to provide for one of the alternatives—and if it would rent Tax Code? a deduction for home mortgage inter- require about a 30-percent tax rate, as The answer to that is simply a long, est paid by someone who has just pur- it would according to studies, would long time, if the Senator who offers chased a home and is banking in the the Senator believe that that is an in- this amendment, and others, suggest to coming years on being able to deduct appropriate replacement for the cur- us that we should, for example, have a that home mortgage interest? Is that rent Tax Code? national sales tax of 30 percent or part of some future plan or not? Mr. HUTCHINSON. I, first of all, do more. If the folks who have gotten rid Does one intend, for example, to pro- not know to which study the Senator is of this Tax Code have implemented a 30 vide for a deduction for health insur- referring. There are many studies on percent national sales tax—and, yes, ance costs? Our current tax program in the various rates of a flat and sales that is what would be required to be this country largely provides for that tax. But what I would suggest is that implemented to replace it—if you buy as a business deduction. I am told that the principles laid down in the bill that a house, they will say, ‘‘Yes, that house if that deduction is eliminated, studies I introduced and in the amendment is $120,000, but then there is a 30 per- show that anywhere from 6 to 14 mil- that we are debating would be violated cent sales tax on top of that.’’ A fellow lion more Americans will no longer by any type of a 30-percent aggressive named William Gale from the Brook- have health insurance coverage. sales tax. Obviously, that would be something that I think would be to- ings Institution wrote a policy brief on Or what about charitable giving? Would what is proposed to replace this tally unacceptable. this: ‘‘Don’t Buy the Sales Tax.’’ But to throw up these fears: ‘‘We’re The reason I am discussing this is, with—whatever that is; we don’t know going to lose a home mortgage deduc- the Senator does not tell us with what what that is—would it provide for a de- duction for charitable giving? Some 1.4 tion’’ and ‘‘We’re going to lose a chari- he would replace the Tax Code. He sim- table deduction,’’ that is the politics of ply says, ‘‘Let’s get rid of the current million tax-exempt organizations worry about that. At least one study fear. That is what prevents us from Tax Code.’’ moving forward to real and comprehen- There is plenty wrong with the cur- suggests that perhaps charitable giving sive tax reform, in my opinion. rent Tax Code. Count me among those could be reduced by some $33 billion. So I ask the question, What does one Mr. DORGAN. I think what the Sen- who would like to change the things propose to replace this with? I say to ator is saying, in response to my ques- that are wrong, but count me among my friend from Arkansas, I certainly tion, however, is he does not know those who ask the question of the Sen- do not mean to misrepresent your what he would replace the Tax Code ator who offers this amendment, What record. I had been told that the Sen- with. He does not know how it would do you propose to replace it with? ator had at one point added his name affect the American people, does not My understanding is, the Senator to a sales tax resolution. It is not my know its impact on the economy. That who offers this amendment at one intention to misrepresent that. If that represents a fear by a lot of people. For point was a cosponsor of a sense-of-the- is not the case, then I do not intend to example, it represents a fear by the Senate resolution calling for a national assert that. group of folks who represent the larg- sales tax. My understanding is, he took But whatever the case is about the est corporations in this country who his name off of that bill. Am I mis- Senator from Arkansas and what he work on the tax policies for—I could taken about that? Did the Senator add harbors to replace this tax with, what- read the list of corporations, but it is his name? ever that is, at some point someone is virtually a who’s who—Hewlett Pack- Mr. HUTCHINSON. Will the Senator going to have to say, ‘‘By the way, here ard, BellSouth, Alcan Aluminum, so on yield? is what I feel this should be replaced and so forth. Here is what they say. Mr. DORGAN. I will be pleased to with. And here is how it is going to af- Listen to what they say: yield, of course. fect you.’’ We’re writing to express the institute’s se- Mr. HUTCHINSON. No, I have So I ask the Senator from Arkansas, rious concern about proposals to sunset the never—I have never—endorsed or since he is proposing that we eliminate IRS Code on a designated date without speci- signed on to any measure, and to sug- the current Tax Code by a certain date, fying a replacement tax system. In our view, gest that I favor a 30 percent national could he tell us—and I would be glad to these proposals reflect either a misapprehen- sion of the importance of certainty and pre- sales tax or any form of sales tax is ab- yield for an answer—could he tell us solutely a misrepresentation and a dictability to business enterprises and indi- what he proposes to replace it with? viduals or a disregard for the consequences mischaracterization of my position. Mr. HUTCHINSON addressed the of terminating the tax system. They illus- Mr. DORGAN. Let me reclaim my Chair. trate the folly of making tax policy by sound time. The PRESIDING OFFICER. The Sen- bite, and it ought to be rejected. I appreciated the Senator’s response. ator from Arkansas. I know these are the folks who run My understanding was—and we can de- Mr. HUTCHINSON. I respond to the America’s businesses who say we need termine this—but my understanding Senator, the whole point in having the some certainty and predictability. was that early in this Congress, the sunset date is to force us into a na- They are not against reform. That is Senator added his name as a cosponsor tional debate to decide the very ques- not what they are saying. But they are to a resolution here in the Senate call- tion he poses. If I might continue, to saying that they need to understand ing for a national sales tax. My under- argue the debate on what the pros and what it is you want to do. standing is he subsequently withdrew cons are on a sales tax, flat tax, I You want to sunset the Tax Code on his name from that, but we can discuss would just say, you can’t do worse than the one hand, and then I ask the ques- that, I guess, with respect to the people what we have. tion, ‘‘But what do you want to do on who have the records. If you reach that point that you want the other hand?’’ You say that just as My point is this, Mr. Gale, who to reenact this code, this amendment the Sun sets in the evening, it is going writes about the sales tax down at the allows you to do that. I suggest that we to come up in the morning. That is Brookings Institution, says that if you can and we must do much better. And true. Just as you sunset the Tax Code had a national sales tax and are going it would be putting the cart before the now, you are going to replace it with to include all of the things that you horse to say, ‘‘This is what we must something. That is true. The question need to include to make up the reve- do.’’ What we need to do is set the date is, With what? And you do not have an nue, that you have to have a sales tax forcing us to reach that consensus on answer. of 30 percent or more. what should replace the current code. So is it reasonable for us to ask the The only reason I am raising this Mr. DORGAN. Mr. President, let me question, Is part of the answer a na- question is, What do you intend to re- ask a more specific question. tional sales tax or not? If it is not, let S9126 CONGRESSIONAL RECORD — SENATE July 28, 1998 us decide it is not. Is part of it a value- We build roads to go to market be- chairman of the Senate Finance Com- added tax or not? If it is not, let us say cause we do not want to each build a mittee, a Republican. Neither does the it is not. If it is, let us decide who it road separately. That would not make National Association of Manufacturers. impacts and how it impacts in the much sense. We build schools together Neither does the Tax Executive Insti- American economy. so we can send our kids to public tute, and many others. Mr. HUTCHINSON. If the Senator schools. We do not need each of us to Mr. GRAMS. Will the Senator yield? would yield? have a school in our own home. So we Mr. DORGAN. I am happy to yield for Mr. DORGAN. I would be happy to do things together. We provide for com- a question. yield. mon defense. We have a Pentagon. We Mr. GRAMS. I heard you say if this Mr. HUTCHINSON. I think it would pay the men and women of the military code were eliminated and replaced with be very, very foolish of us to try to to provide for the common defense of a possible national sales tax, it could have a national debate on tax reform this country. That costs money. We, take up to 30 percent of a sales tax to on the floor of the Senate tonight, for therefore, must raise that money. And replace what the Government has us to decide we are going to take a the question is, How? taken. sales tax off the table, we are going to We have an income tax system that Now, does that mean hidden behind take VAT off the table, we are going to isn’t a very good system. You will not all the hidden taxes, that somehow the take a flat tax off the table, and we are find disagreement here about that. But Government now is taking from the av- going to take a modified or hybrid of you will find profound disagreement erage taxpayer, the average worker in it, and we are going to decide this about a proposal that says, let us sim- this country, 30 percent of their income evening. ply scrap the current tax system with just to support the Federal Govern- That is the whole point, I say to my ment? no notion in mind about what you colleague. The whole point that we Mr. DORGAN. The Senator obviously might replace it with. Precisely for need a deadline is to move us to reach misunderstood what I said. I was re- this reason, I have watched some peo- the consensus on what is the best way. sponding to a policy brief prepared by ple trot around this Capitol Building, I suspect we will end up keeping a William Gale at the Brookings Institu- and on a good day they even gallop and home mortgage deduction and the tion that says ‘‘Don’t Buy the Sales canter, alive and interested in their no- charitable deduction. But we need that Tax.’’ tion about how the Tax Code ought to national debate. The only way we are I have yielded. Let me have the floor. be changed. Some of them very much going to force that national debate is I was talking about comparing the want to go to a national sales tax and to focus—most Americans are exactly income tax to the sales tax. As the where I am. They are not sure what the Senator knows that. Senator would know, I think there is a They want to go to a national sales would be the best replacement. But substantially different base. Dr. Gale tax. That will have a substantial im- they sure know this: What we have talked about this. I would like the op- pact on a lot of families; some good, needs to be replaced. portunity to send it to the Senator’s So let us take one step at a time. some bad. Some of them want to go to office for his perusal. Mr. DORGAN. Reclaiming my time, I a value-added tax . Some of them want On page 4 of the 10-page report docu- do understand what the Senator is say- to go to other forms of taxation. All of menting a study he had done, he says a ing. Let us force a solution. But he them will have significant con- 30-percent tax rate would be needed on does not have a logical solution. Let us sequences. the more familiar tax-exclusive ap- tell the person on A Street or B Street But the Senator from Arkansas says proach on a national sales tax. He is or 10th Street or 12th Street that we let’s not debate the ideas, consequences one of the preeminent authorities on want to get rid of the current Tax or the solutions. He says let’s debate this issue in the country. I have met Code—but he has no idea how he wants some mechanism to force the problem, with him, talked to him, and enjoyed to replace it. which also probably violates the Budg- his work a great deal. I think he has There is a very big difference be- et Act. I don’t understand that. I guess done a lot of good work on the ques- tween those who would tax someone’s we will have a vote up or down on a tion, What would a national sales tax income at 14 percent and those who proposal that sunsets the entire Tax have to be? What would it look like? would impose a national sales tax at 30 Code, with the author telling me that Who would it impact? percent and those who would impose a he doesn’t know what it ought to be re- One of the things I find most inter- value-added tax at 17 percent. There is placed with and that we ought to just esting, whether it is on the sales tax or a very big difference in how it impacts figure out some way to get from here the VAT tax, is that those in both the people. to there by some protracted debate. House and the Senate with specific tax The Senator wants to suggest, ‘‘Gee, I don’t think that is a particularly plans to replace the current Tax Code this is some innocent little proposal of good way to legislate. I think the Sen- always come up a couple hundred bil- mine. Let’s just get rid of the entire ator from Delaware, the chairman of lion short in revenue. Tax Code’’ which, by the way, violates the Senate Finance Committee, a man What they say is, I want to sunset the Budget Act. And he knows that. for whom the Senator from Arkansas the current Tax Code, and here is my ‘‘Let’s get rid of the entire Tax Code has great affection, as he says, as do I, substitute for it, and my substitute is a and leave for some future debate the I think he has it exactly right. This is couple hundred billion dollars short. ability to cogitate the kind of Tax not a good way to make tax policy. They won’t say that, but that is the Code we might consider for tomorrow.’’ There would be an opportunity for the way they are evaluated when done fair- Count me as among those who want Senator from Arkansas to bring to the ly. Count me in on that. Gee, if you to make changes in our Tax Code. I floor his best idea about exactly how don’t have to come up with something mean, do not count me as part of the the Tax Code ought to be changed. He that responds to the same revenue target that the Senator was aiming at can do that at 7 o’clock tonight; the base, we now have to meet the needs when he was talking about all of these best idea he has or anybody has about we have, then, gosh, maybe we should ‘‘they, they, they’’ and ‘‘fear, fear, how to change the Tax Code in this come up with something that raises fear.’’ Just count me as part of the country. And then let people gnaw on only 50 percent of the revenue. Or how group who says, ‘‘Yes, let’s make some it, chew on it and see what they think, about 10 percent of the revenue. That is changes in our Tax Code.’’ and have a vote on it. But that is not a wonderful way to do business. But also count me as part of a group what he and some others choose to do. I see the people walking around with who believes that if you are going to They choose to bring some shapeless plans that would, A, increase the Fed- propose something to force solutions, package to sunset the current Tax eral deficit substantially; and B, im- you ought to have some notion in hand Code, and to replace it with nothing ex- pose substantial dislocations on a lot about what those solutions ought to be cept some hope in the future that of folks and raise questions about and how much is necessary to be col- someone will do something to provide whether you would have the oppor- lected in our revenue system in this the revenue in some undescribed way. tunity to deduct your home mortgage country to pay for the needed social Again I don’t believe that is a good interest or deduct your gifts to char- services? way to legislate. Neither does the ities. Some of them, incidentally, say July 28, 1998 CONGRESSIONAL RECORD — SENATE S9127 to people, we have decided to have a employers, the people we work for—the added tax, or a flat tax is necessarily new form of taxation. people who elect us. And it is the going to be better than the current I bet the Senator doesn’t support an- American people who, by and large, ask code. We all know, if we stop to reflect other proposed new form of taxation, us to do the various things we have in a little bit, that sometimes you get though. We will divide Americans into our Tax Code. what you ask for and you don’t like it two groups: One group that works, and The home mortgage deduction has because it didn’t turn out the way you they get their money by going to work been mentioned many times because it expected it to be. So all of us who, in every day, and we will tax them be- is such a good example of what I mean. my judgment—and I must say this cause we have decided to tax work just While it makes the code more com- sounds a little harsh—are being pan- like the current income tax does; and plicated, there were very good reasons dered to with this amendment and are one who gets their money from invest- it was enacted and has continued over listening and are somewhat tempted to ments, and we will exempt them. Tax the years. There are a whole host of believe in this amendment, should ask work; zero tax on investments. other reasons why the code has the rep- ourselves, realistically, how does life I think that is the sort of thing that utation it has. We are an extremely really work? When people promise would be interesting to debate on the large, extremely complicated country. something great on down the road, is it floor of the Senate. The quicker we get More so than I think any one of us here usually nearly as great as it is prom- to that debate the better. Those who realizes. There are so many different ised to be? Or to make the same point offer this amendment say we don’t people in our country pursuing so a little differently, if we are going to want to have that debate; we want to many different economic opportuni- accomplish something that is good, simply sunset the Tax Code, and we ties, so many different business com- generally it is through hard work and don’t want to debate the sweet by-and- binations. Our nation is even more through rolling up sleeves and dealing by. We don’t want to debate the pros- complex as our economy becomes more with the difficult details. Not pect of what we might propose. Just global, and we develop more opportuni- demagoging, pandering, or playing to the grandstand or to the crowd. That is asking the Senator from Arkansas ties overseas. And various people in our basically how we get something done what he proposes, it occurs to me at country or its businesses have come to this point we don’t have a proposal. All that makes sense. Congress and said these are some of the If this amendment is adopted, it is we have is a suggestion, get rid of the things that we would like because we going to cause deep uncertainty in current Tax Code and maybe tomor- think they will help the economy. That America. We are proud in our country row, maybe the day after tomorrow, we is why our code is the way it is. of the economic growth of the last 4 or will come up with an idea so you can There is no doubt about the fact that 5 years—low inflation, low interest then debate that on the floor of the the code is complicated. It is exces- rates, generally low unemployment Senate. sively complicated. We know that. We rates, high economic growth rates, and I have taken enough time. I hope hear from our constituents all the time the stock market has generally done when a point of order is made, as I ex- that it is much too complicated. But I well, although not so well in the last pect it will be made because this does think it is important to remind our- week or so. But if this amendment violate the Budget Act, that a good selves that there is a reason why, to passes, just think of all the people and number of Members of the Senate will date, we don’t have a flat tax, why we all the institutions that are not going agree with the National Association of don’t have a value-added tax, why we to be able to plan very well for the fu- Manufacturers, Tax Executive Insti- don’t have a national sales tax. It is be- ture and all of the uncertainty this is tute, with the chairman of the Finance cause the American people have not de- going to create. The list goes on for- Committee and others who say if we cided which, if any, of the alternatives ever. are going to sunset the Tax Code, first they want. You can begin with business. Busi- propose exactly to the American people Mr. DASCHLE. Will the Senator ness has all kinds of tax provisions. We what we would replace it with so they yield? can argue over the merits of these pro- would have some knowledge and some Mr. BAUCUS. I would love to yield to visions, but they are part of current certainty about what this debate is all my good friend from South Dakota. law and businesses include them in about. Mr. DASCHLE. Mr. President, I ap- their planning. Let’s take the business I yield the floor. preciate the Senator for yielding. A expense deduction that business now The PRESIDING OFFICER. The Sen- number of Senators are attempting to has. Are we going to keep the deduc- ator from Montana. determine their schedules for the tion for ordinary, necessary business Mr. BAUCUS. Mr. President, I appre- evening, and I would like to propound a expenses, or not? If you are a business ciate the issue that is up before the unanimous consent request, if I could. person, you want to be able to deduct Senate, and I have the deepest respect I ask unanimous consent that the your costs. Businesses aren’t going to for the author of this amendment, Sen- Senator from Montana have 15 minutes know if they are going to be able to de- ator HUTCHINSON. complete, including the comments he duct those costs anymore. They don’t I must say, however, that this is a has already made, and that the Senator know what the next law is going to be. very bad amendment. It is a profoundly from South Dakota have 5 minutes, What about the farm provisions? They bad amendment. It is a sound bite and that the Senator from Maine have won’t know what the deductions are amendment. It is a feel good amend- 5 minutes, and that following the allo- going to be for depreciation. They will ment, and if it were passed, I guarantee cation of that time, a vote be taken on have no idea. So what is a business to it would have profound adverse con- this particular amendment and the mo- do? sequences upon our Nation. tion to waive be made at that time. Let’s take an individual with a home Why do I say that? I say it because The PRESIDING OFFICER (Mr. mortgage interest deduction, which has there is a reason why the Tax Code is BROWNBACK). Is there objection? been mentioned many times. What does the way it is. We have to raise revenue Without objection, it is so ordered. this amendment do to the real estate somehow, obviously, to pay our bills. Mr. DASCHLE. I thank the Senator. market, to home builders, carpenters, But the reason the tax code has gotten Mr. BAUCUS. Mr. President, the sec- and electricians? What does it do to so complicated is because the Amer- ond problem with this amendment I people who depend on homes or are ican people over the years have come would like to mention is that it begs building or buying new homes? They to Congress—to Members of the House the question of what our current Tax don’t know if the mortgage deduction and the Senate—and have said ‘‘here Code is going to be replaced with. is going to be there in a new tax sys- are some tax provisions we would I must say there is something to the tem. You say it might be. That is what like.’’ Members of Congress, by and old adage that the grass is always the sponsors say, but they don’t know large, don’t lead. That may be news to greener on the other side of the fence. that. Nobody could say with any cer- some of us, but by and large, Members It is part of human nature to think tainty whether any single tax provi- of the Senate don’t lead. We tend to that something else is always nec- sion will exist in a new system. follow the American people. I’m not essarily better than what we have. Then let’s think a little bit about re- saying this is bad. We should follow our That somehow a sales tax, or a value- tirement. We have 401(k)s. What about S9128 CONGRESSIONAL RECORD — SENATE July 28, 1998 this new Roth IRA we passed last year? problem. We are very nervous in this Ms. COLLINS addressed the Chair. A lot of Americans are worried about country, and around the world, about The PRESIDING OFFICER. The Sen- their retirement security. They are what is going to happen on January 1, ator from Maine is recognized for 5 worried enough about Social Security. 2000. Are the computers going to work minutes. They want to be able to invest in IRAs or not? I think it is a little foolhardy Ms. COLLINS. Mr. President, I am and 401(k)s to save some money so they right now to start to contemplate tax proud to rise in support of the amend- can have a comfortable retirement. sunsetting in the year 2002 when we ment offered by the Senator from Ar- This amendment says, no, we might don’t know what is going to happen in kansas. not have those tax deferred savings the year 2000. I ask unanimous consent that I be plans anymore; they might be gone. So I must say, Mr. President, this is a added as a cosponsor. what is a person today to do? Should he sound-bite amendment. This is a feel- The PRESIDING OFFICER. Without or she invest in a Roth IRA or some- good amendment. I have bent over objection, it is so ordered. thing else, independent of the code? backwards to try to see the merits of Ms. COLLINS. Mr. President, we Maybe real estate. But we have already this amendment; believe me, I have. I must replace this country’s Byzantine pointed out that real estate might be tell you that I am disappointed, frank- and loophole-ridden Tax Code. How can in jeopardy because of what we might ly, that an amendment like this is on anyone stand on the floor of this Sen- be doing here. Maybe they can invest the floor of the Senate and apparently ate and defend it? Just look at our cur- in gold. But we also don’t know what is being taken seriously—because if rent Tax Code. It has been estimated the commodity markets are going to be this were to pass, it would cause just that it takes Americans 5.4 billion as a consequence of this amendment. tremendous uncertainty in this coun- hours to do their taxes. Our Tax Code This amendment causes such uncer- try. Americans’ incomes would fall. currently consists of nearly 3 million tainty. Let’s take the President’s budg- America would be laughed at by coun- words backed up by nearly 10 million et—whoever the President is after the tries overseas. That might be a little words of regulations. It is impossible to year 2000. He or she doesn’t know what strong, but they will certainly wonder understand, which is why it cost tax- kind of a budget to propose to Con- what the United States of America is payers an astounding $150 billion a gress, doesn’t know how much revenue doing; no country would do something year to comply with. is going to be raised. Not only do we like this. Mr. President, I very strongly Our Tax Code is riddled with loop- not know the provisions and how we urge that this amendment be defeated. holes that benefit special interests at will raise revenue, we have no idea how Let’s talk about kids for a minute the expense of the general interest. much total revenue we are going to and HOPE scholarships. What is going Special interests have filled the code raise—none, zero, nullity, no idea. How to happen to them? I don’t say this as with countless loopholes, poorly con- is a President to propose a budget to a scare tactic at all. I am saying to the structed tax writeoffs, and expensive Congress under those circumstances? Senator from Arkansas that these are subsidies that benefit a few at the ex- How is Congress to pass a budget reso- real concerns of real people that I have pense of the many. lution under those circumstances? How mentioned. Say the Senator from Ar- Mr. President, our Tax Code is not is the Appropriations Committee going kansas is a student, and there is no in- like a fine wine that gets better with to know how much money to spend? come in his family, and he really de- age. It is more like a woolen sweater in They won’t know. pends upon a HOPE scholarship to go a closet full of moths. It acquires more This is a kind of Russian roulette; it to college. He wonders, gee, is it going and more holes all of the time, and is a gun at your head. OK, imagine this to be there or not? after a while, you just can’t keep on amendment is law and we are getting To take a more definite provision, mending it. You have to throw it out. close to the deadline in 2002. Yet we say he is going to buy a home, but he We want to write a new Tax Code still don’t have agreement on what to doesn’t know whether to buy a home or that will provide all Americans with a replace the current code with. The pro- not. That is a real question, Senator. It simpler, fairer Tax Code, a Tax Code ponents say this amendment will force is not a scare tactic; it is a real ques- that they deserve. And we want to do it the Congress to act. But there is an old tion—if he or she doesn’t know if there by Independence Day 2002. saying that ‘‘haste makes waste.’’ All is going to be a home mortgage inter- Mr. President, I have been in the too often we in Congress pass some- est deduction or not, it is hard to tell Senate about a year and a half now. If thing very quickly that we haven’t whether he can afford to buy a home at there is one thing I have learned, it is thought about very much when we are all. Say you are a homebuilder. Are that the Senate never takes action— under the gun, and we don’t fully un- you going to build homes? How many, that the Congress never acts unless derstand the consequences of what we and at what price ranges? Those are there is a deadline. The Senator from have passed. real concerns of real people. Montana knows that better than most I see the Senator from Maine sitting Let’s talk for a moment about what people. Does he really think that we over there. I ask the Senator from this does to American companies. Let’s would have acted to reauthorize Maine, what is she going to be thinking just look at fringe benefits, as one ex- ISTEA, the transportation bill that he when the years have gone by, and here ample. Employers generally are al- worked so hard on with the Senator it is 2002 and, despite our best efforts, lowed a deduction for fringe benefits, from Rhode Island without a deadline, we haven’t enacted a replacement code whether it is health benefits or retire- without the existing law expiring un- yet? We have a choice—are we going to ment benefits. What is going to be in less we act? pass an amendment to extend the dead- the labor contract when a labor union We are in a deadline situation right line another year, another 2 years, an- wants to negotiate a labor contract? now as we rush to complete work be- other 3 years? Doesn’t that cause even Negotiators won’t know because they fore the August recess. We all know more uncertainty? won’t know what the Tax Code is going what happens towards the end of the Or say we are not going to extend the to be. They won’t know what to nego- fiscal year as we rush to complete work deadline, instead we are going to push tiate. The better solution, obviously, is on the funding business to keep our something through at the last moment. to address these real issues more calm- Government open. The fact is, Mr. It ends up a hodge-podge of proposals. ly. I think that is what we need here— President, that this Congress will not Something like a value-added tax, with something that is rational, that is col- act to do the necessary step of reform- a little bit of sales tax mixed in maybe. lective, that is out in the public spot- ing our Tax Code without a deadline. What will its impact be on the Amer- light, out of the hothouse of Washing- It is not irresponsible to allow 41⁄2 ican people? Nobody knows. I guaran- ton, DC, politics. And that is what is years for this task to be undertaken. tee that the Senator from Maine is not driving this right now—Washington, We are not prejudging the results. We going to know and the Senator from DC, politics. are not saying that the result has to be Montana is not going to know. That is I am really mystified as to why this a national tax or some other possibil- probably what would happen. amendment came before us, and why it ity. What we are saying is that Amer- There is something else we haven’t is being taken seriously. ica deserves a Tax Code that we can be talked about—Y2K, the computer bug Mr. President, I yield the floor. proud of. And the only way we are July 28, 1998 CONGRESSIONAL RECORD — SENATE S9129 going to accomplish that goal is if we noted that they felt this is a absolute omy is utter irresponsibility. We de- set a deadline. political winner, an opportunity to serve better than that. The American Mr. President, the Tax Code is not beat up on the Tax Code, which has no public deserves better than that. going to expire overnight. We are not real supporters, and on the IRS besides, The PRESIDING OFFICER. The Sen- proposing sunsetting it tomorrow, or without having to be accountable, at ator’s time has expired. next month, or even next year. What least in the course of this election, for Mr. JOHNSON. It is not going to we have laid out is over a 4-year period the ultimate results of this legislation. pass. It is going to produce 30-second an adequate amount of time to care- An interesting thing happened in the television spots, no doubt, in Novem- fully and responsibly craft an alter- meantime, however. Some poll work ber. But that is the reason the Amer- native of which America can be proud. was done by the Republican National ican public has become so incredibly Mr. President, I am pleased to be a Committee showing that a majority of cynical about the American political cosponsor of this important legislation. voters in America already recognize process. No one—let me repeat that—no one is this as a reckless move—reckless. That The PRESIDING OFFICER. The Sen- going to allow our current Tax Code to is the finding of the American public ator’s time has expired. expire without a responsible alter- which already understands the politi- Mr. JOHNSON. This deserves to die native in place. But if we are going to cal nature of what we have here—a here in the Chamber tonight. restore public confidence in Govern- bumper sticker to abolish the Tax Mr. KOHL addressed the Chair. ment, we must start by ending the cur- Code. It sounds good, if you are at the The PRESIDING OFFICER. The Sen- rent Tax Code as we know it, and by coffee shop. We are not at the coffee ator from Wisconsin. shop. We are Members of the U.S. Sen- crafting a well-thought-out and respon- Mr. KOHL. I raise a point of order ate. And it is our responsibility to sible alternative. that the pending amendment violates chart the economic welfare of this Na- Mr. President, I am pleased to be a section 202(b) of House Concurrent Res- tion into the next century in a respon- cosponsor, and I urge my colleagues to olution 67, the concurrent resolution sible fashion that continues our eco- support this very worthwhile initia- on the budget for fiscal year 1996. tive. I commend the Senator from Ar- nomic growth in the coming years and which recognizes that business needs Mr. HUTCHINSON addressed the kansas and the Senator in the Chair for Chair. their work in this area. certainty. We can talk about tax reform, and we The PRESIDING OFFICER. The Sen- Thank you. I yield the floor. ator from Arkansas. Mr. JOHNSON addressed the Chair. will do tax reform. I invite additional The PRESIDING OFFICER. The Sen- debate on that issue. But to simply MOTION TO WAIVE BUDGET ACT ator from South Dakota. abolish a Tax Code with no utter idea Mr. HUTCHINSON. I move to waive Mr. JOHNSON. Mr. President, I share of what comes next in the meantime, the Budget Act for consideration of the the sentiment of the Senator from during which American business is left Hutchinson-Brownback amendment Montana. This is a profoundly bad to fend for itself figuring out how to in- and ask for the yeas and nays on the piece of public policy that should never vest billions and billions of dollars, is a motion. have appeared on the floor of this body sure recipe for disaster. The PRESIDING OFFICER. Is there a in the first place. I have a sense that this amendment sufficient second? The question is not whether we are is not intended to pass. The reason we There is a sufficient second. for tax reform or not tax reform. There are here is not to make public policy. The yeas and nays were ordered. is no such strawman to knock down. The reason, frankly, we are here debat- The PRESIDING OFFICER. The The question is not only where will ing this issue is because there are some question is on agreeing to the motion who want a slogan for the coming elec- we go at the end of 41⁄2 years, for which to waive. The yeas and nays have been the sponsors and supporters of this tion in November. ordered. The clerk will call the roll. amendment seem to have utterly no I think that is regrettable. I think The legislative clerk called the roll. the American people deserve better answer, but what happens in the inter- Mr. NICKLES. I announce that the than that. Our economy needs better vening years? Senator from North Carolina (Mr. than that. The answer has been clearly laid out HELMS) is absent because of illness. I think this is irresponsible legisla- by the business community of this tion. I further announce that, if present country, which is overwhelmingly op- I see a colleague of ours on the floor, and voting, the Senator from North posed to this legislation, and by the Senator KOHL of Wisconsin. I see others Carolina (Mr. HELMS) would vote thoughtful analysts, who also are over- who have significant business success ‘‘aye.’’ whelmingly opposed to this legislation. in their own careers. I have to wonder Mr. FORD. I announce that the Sen- What happens during the intervening whether Senator LAUTENBERG of New ator from Iowa (Mr. HARKIN) is absent 41⁄2 years of debate as we struggle with Jersey, who spoke against this amend- due to a death in the family. whatever might come next is that busi- ment, who created a massively success- I further announce that, if present ness cannot make an investment in a ful business enterprise in his home and voting, the Senator from Iowa (Mr. knowing fashion—whether it is concern State of New Jersey, whether he could HARKIN) would vote ‘‘no.’’ about capital gains, or depreciation ta- possibly have gotten off the ground in The PRESIDING OFFICER (Mr. AL- bles, investment deductions, whether it his business with the kind of uncer- LARD). Are there any other Senators in is individual citizens with their home tainty that would, in fact, be created the Chamber who desire to vote? mortgage, whether it is questions by this legislation. The yeas and nays resulted—yeas 49, about research and development tax Mr. President, the question is not tax nays 49, as follows: credits, whether it is questions about reform, or not tax reform. We all agree, [Rollcall Vote No. 241 Leg.] the future of pension law. The uncer- I believe, that we need tax reform, and YEAS—49 tainty will freeze the American econ- we need to push in that direction. But Abraham Frist Moseley-Braun omy in a way that will assuredly slow this is sloganeering. This is pandering. Allard Gorton Murkowski down economic growth, lead to lost in- This is sham reform. The American Ashcroft Gramm Nickles come, and lead to deficit spending once public deserves better than this. Bennett Grams Reid again. Bond Gregg Santorum It also violates the Budget Act. I Brownback Hatch Mr. President, there is a good reason need not remind my colleagues that it Sessions Burns Hutchinson Shelby why the business community and re- is the Budget Act that is responsible Campbell Hutchison Smith (NH) Coats Inhofe sponsible business groups all across for bringing us 5 years in succession of Smith (OR) Collins Jeffords Snowe this country have so vigorously op- declining budgets. Budget deficits, Coverdell Kempthorne Specter posed this legislation. They recognize which were $292 billion a year, are now Craig Kyl this amendment for the bumper sticker D’Amato Lott Thomas a budget surplus because we abided by Thompson sloganeering that, frankly, it is. DeWine Lugar the Budget Act. Domenici Mack Thurmond There was a time early on in this de- Now, to violate that and to set up a Enzi McCain Warner bate when supporters of this legislation recipe for the destruction of our econ- Faircloth McConnell S9130 CONGRESSIONAL RECORD — SENATE July 28, 1998 NAYS—49 untiring dedication to increasing recy- States Capitol Police force. They are Akaka Feingold Levin cling in America. among the most highly trained and Baucus Feinstein Lieberman Each of us has heard from our con- well-respected law enforcement officers Biden Ford Mikulski stituents about the importance of recy- Bingaman Glenn Moynihan in the world. Boxer Graham Murray cling and how current law is hindering Members of Congress, congressional Breaux Grassley Reed efforts to improve the environment staff, tourists, and all those who come Bryan Hagel Robb through a viable recycling industry. and go through these buildings are Bumpers Hollings Roberts Byrd Inouye Rockefeller Through his dedicated efforts, Senator blessed to have these men and women Chafee Johnson Roth WARNER has made sure that recycling on the ramparts. Our hearts are with Cleland Kennedy Sarbanes equity has not been overlooked as the them as well, as they mourn the loss of Cochran Kerrey Stevens Senate addresses the many conflicting their two distinguished colleagues and Conrad Kerry Torricelli Daschle Kohl Wellstone and contentious environmental issues friends. Dodd Landrieu Wyden our Nation faces. In the 103d, 104th and It is never easy, Mr. President, to Dorgan Lautenberg 105th Congresses, Senator WARNER weather a tragedy of this kind. There Durbin Leahy forced the debate over Superfund to is little, if anything, that can be done NOT VOTING—2 recognize how recycling benefits Amer- to console loved ones and to reassure Harkin Helms ica’s environment and economy. I look the children of men whose lives were The PRESIDING OFFICER. On this forward to working with the senior lost that the principles and sense of vote, the yeas are 49 and the nays are Senator from Virginia and my Senate duty for which their fathers stood are 49. Three-fifths of the Senators duly colleagues on both sides of the aisle to the very virtues which sustain life’s chosen and sworn not having voted in address the issue of recycling equity goodness. But in time, they will be as- the affirmative, the motion is rejected. before the end of this Congress. sured. The point of order is sustained, and the I hope my colleagues will join me in They will come to discover—as we all amendment falls. expressing appreciation to Senator discover—that such principles are eter- Mr. CAMPBELL. Mr. President, I JOHN WARNER for his leadership on this nal: service, selflessness, sacrifice. move to reconsider the vote by which matter. He deserves our gratitude for Their meanings resonate beyond mor- the motion was rejected. his understanding, dedication and com- tality. And we come to acknowledge Mr. LAUTENBERG. I move to lay mitment to the cause of recycling eq- the simple truth written more than that motion on the table. uity. 2,000 years ago: Greater love hath no The motion to lay on the table was f man than that he lay down his life for a friend. agreed to. TRIBUTE TO OFFICERS JOHN TRIBUTE TO OFFICER CHESTNUT, OFFICER Mr. REID. Mr. President, will the GIBSON AND JACOB CHESTNUT Senator from Colorado yield for a GIBSON AND THE CAPITOL POLICE Mr. ROTH. Mr. President, I rise to Mr. WELLSTONE. Mr. President, I unanimous consent request? express my profound respect and appre- guess what I will say on the floor of the Mr. CAMPBELL. I yield to the Sen- ciation for Officers John Gibson and Senate, in part, is an effort to speak to ator from Nevada. Jacob Chestnut, two men whose lives the families of Officer Chestnut and Of- CHANGE OF VOTE were tragically cut short on Friday as ficer Gibson, but I guess it is also an ef- Mr. REID. Mr. President, on the last they stood watch in the Capitol—a fort on my part not only to speak to vote, I was recorded as ‘‘no.’’ It will not building that is, as we have constantly their families, but also to speak to the change the outcome of the vote if I am been reminded this weekend, ‘‘the Peo- Capitol Hill Police. recorded as ‘‘aye.’’ I would like the ple’s House.’’ Officer Chestnut was 58— Early Monday morning, Sheila, my RECORD to reflect my having voted a loving husband, a veteran of Viet- wife, and I were walking from our ‘‘aye.’’ nam, the father of five children, and apartment, which is near the Hart Sen- The PRESIDING OFFICER. Is there the grandfather of another five. ate Office Building, over to the doctor’s objection? Without objection, it is so Officer Gibson was 42—a bright young office. Usually that takes about 7 min- ordered. man, full of energy and good works, utes. It took about 40 minutes because (The foregoing tally has been who had dedicated his life to protecting of all of the officers who we ran into changed to reflect the above order.) others. Like Officer Chestnut, he, too, and all of the embraces, the hugs and CAPITAL VISITOR CENTER LEGISLATION was a loving husband and the father of the tears, just the embrace of real pain Mr. WARNER. Mr. President, earlier three. that people feel. this afternoon I indicated on the Sen- Today, both men are gone. We mourn I want to say—I don’t really have any ate Floor that the Senate Committee their loss and express our deepest con- words—this is a very, very sad day in on Rules and Administration may hold dolences to their families. We acknowl- Washington, DC, but I want to say to a markup on Capitol Visitor Center edge that we will never fully under- all of the Capitol Hill Police that all of legislation tomorrow morning. After stand what would motivate such a hei- us in the Senate—but I am now speak- consultation with the Senate Leader- nous act of violence against the inno- ing for myself as a Senator from Min- ship, I have decided to postpone the cent in a building that is the icon of nesota—want you to know of our love markup until the House has an oppor- Democracy, but we know that in stop- and our support. We want Officer tunity to review our proposal. ping such brutality—in saving the lives Chestnut and Officer Gibson’s families f of how many tourists, staff members to know that their husbands and fa- and Congressmen we will never know— thers, sons, brothers were so coura- MORNING BUSINESS the names of John Gibson and Jacob geous. I wish personally that there is Mr. CAMPBELL. Mr. President, I ask Chestnut are etched forever in the pan- something I can do to change every- unanimous consent that there now be a theon of heroes. thing. I wish that none of this had hap- period for the transaction of morning All who are indebted to them—myself pened. It is horrifying. It seems sense- business, with Senators permitted to included—will from this day forward less. speak for up to 10 minutes each. speak their names in reverence. Their They were two wonderful men. I only The PRESIDING OFFICER. Without courage will inspire those who will knew them to say hello. I know the objection, it is so ordered. hear told the tale of their sacrifices. Capitol Police much better on the Sen- f While their children, their grand- ate side. It never should have hap- children and great grandchildren will pened, but these men deserve all of our TRIBUTE TO SENATOR JOHN WAR- stand tall—living legacies of extraor- praise. Their families deserve all of our NER FOR HIS RECYCLING LEAD- dinary men. love and support. ERSHIP In expressing our gratitude to these Especially as a U.S. Senator, I say to Mr. LOTT. Mr. President, I rise today brave officers, we also acknowledge the the other police officers—I guess that to express my sincere appreciation to skill, professionalism and dedication of is mainly the one thing I want to do Senator WARNER for his unique and the other 1,250 members of the United today—I want them to know how much July 28, 1998 CONGRESSIONAL RECORD — SENATE S9131 I appreciate what they do. I want them are the officers who were shot perform- Much has been said about the heroism to know how sorry I am that this hap- ing their duty. Talking about the as- displayed in the performance of duty, pened. I want them to know that I hope sailant and talking about how we cor- and much more will be said about the and pray it will never happen again. rect the system is meaningless—be- lives that these two men, in giving And I want all of my colleagues to cause the real lesson here is the lesson theirs, probably saved. All that need be know, Democrats and Republicans of Jacob Chestnut and John Gibson. said, but none of that in any way is alike, that I think today we are all to- All of us here personally know many likely to produce any sense of relief on gether. Everybody can feel this, every- of the Capitol Police. We live with the part of the children of the officers, body can understand this, and I think them. We see them daily. We talk with on the part of their spouses, on the probably the best thing we can do in them. They talk with us. We know part of their families. As a matter of memory of two very brave police offi- many by their first names. We know fact, it is likely to produce, initially, a cers is to understand how precious each something about them personally. sense of anger; a feeling of ‘‘Why my day is, understand how precious people Tony, for example. Tony D’Ambrosio father?’’ a feeling of ‘‘Why did it have are, understand how important life is, was a plainclothes detective, first a to be my husband?’’ appreciate the people who help us and uniformed policeman, on Capitol Hill So, in a few moments each of us in go out of our way to make sure we live for many years. It wasn’t too many our own ways will, as we attend the our lives in the most honest way pos- years ago I received several death memorial service, demonstrate our sible. threats—regrettably, in my home high regard for and pay respects to the To the Capitol Hill Police, thank you State of Montana. Tony came out to families as well as the deceased offi- for some of you being really great Montana with me and we ran a mara- cers. But I also note one other thing friends to Sheila and me. I know how thon together. I got to know Tony from personal experience. Notwith- much pain you are in, but please know quite well and have the highest regard standing the fact nothing that we say that you have our support. for him. today can ease that horrible void that REMEMBER THE FALLEN HEROES There is Steven out there. Many seems to occupy the chest of the family Mr. BAUCUS. Mr. President, last know Steven. Steven stands by the members who can’t fathom why this week’s deadly violence in the Halls of door to the entrance of the Senate. We occurred to their father or to their hus- the United States Capitol touched the talk with him, we joke with him. He is band—nothing we do will make them conscience of a nation. From coast to part of our family. feel any better today—but, as time coast, Americans gathered to talk Then there is Henry. Henry Turner. goes on, they will find a sense of com- about the shootings. The coverage has Henry Turner is a policeman originally fort knowing that so many people held dominated television, has dominated from Alabama, who is also stationed their father, their spouse, in such high regard. It will not occur for months, our newspapers, as well it should. out here at the front door. I often talk but it will occur. It will occur. And There has been much discussion about to Henry about legislation on the floor. when it does, it will at that time help who the assailant was, where he was ‘‘This is a good bill to vote for,’’ or ease, ever so slightly, that sense of born, where he lived, what might have ‘‘This is not a good amendment to vote loss. The pain will never go away. The caused him to do this dreadful deed. for.’’ Henry would know more about sense of loss will never be completely I must say, Mr. President, with deep the legislation before the Senate than abated. But it will become easier to regret, that this assailant spent a part a lot of Senators, on occasion. A great live with. So, as I said, although a lot of his life in my home State of Mon- man to talk to. Very wise. A very wise, tana. We in Montana are even more of us in this Chamber know from simi- very thoughtful man from Alabama. lar experiences the feeling, it is hard grieved, even more touched, and find The same is obviously true for John when you are going through it to know this tragedy even more tragic than and for Jacob. I did not personally one other thing that occurs and that is others in the Nation—if that is pos- know them nearly as well as I know that time, time will not erase the pain, sible. other Capitol Police, but they are men, This man was not from Montana. We but time will make it livable. they are fathers, they are parents. At this moment, I expect, family pride ourselves that those of us from They have family just like all of us do, our State have a great sense of honor, members feel that nothing—nothing— all of us in the Senate, all of us in the nothing that will happen to them from pride, duty, sense of family, sense of country. We are all bound together by community. This person, unfortu- this point on will make life as worth the community of brotherhood, the living as it has been for them. But, nately, spent some time in our State community of sisterhood, the commu- before he perpetrated this dreadful, again from personal experiences, all of nity of family. We are all together. us know, who have gone through simi- violent, evil act. Many people have said it in many, We are deeply grieved. We are very lar things, that the time will come many ways, and I want to share my deeply sorry. I am speaking for the when the memory of J.J. or John, the deepest sympathy for them, John and people of my State of Montana. memory of their father or husband, Mr. President, there has been some Jacob, for their families, and I want will bring a smile to their lips rather conversation, too, about why things them to know that we all are with than a tear to their eyes. My only like this happen. Did somehow the sys- them. We are now and we will always prayer, on behalf of my wife Jill and tem allow a person like this with some be. me—we talked a lot about this morn- mental illness to fall between the HEROISM IN THE PERFORMANCE OF DUTY ing before I came down—my prayer for cracks? The system we have for treat- Mr. BIDEN. Mr. President, it is with the family members is that moment ing mental illness, was it somehow not some reluctance that I rise this after- will come sooner than later. It will adequate? noon to speak of the tragic occurrence, come. It will come. But that it will Frankly, I believe that the system is where two fine officers were gunned come sooner than later. inadequate. That is, there are many down here in the Capitol. The reason I We ask a lot of those who serve this people who are homeless. We are not say it is with reluctance is because, Nation. But few of us, few of us ever properly treating people who are men- like many of us in this Chamber, I have to give what these two officers tally disturbed, some of whom are know from personal experience that gave. Even fewer family members have paranoid schizophrenic. They are not when a wife or husband or son or to live with the sacrifice they have receiving medication. They are not daughter is taken from a family as a made, the void that is created and the being properly treated, because our consequence of a totally unexpected pain that will endure for some time, system is not paying enough attention violent event, that there is little that like the families of the two fallen offi- to people who have this illness. I think anyone can say or do, no matter how cers. So, again, I have no illusions that if we do not remedy the situation, we well intended we may be, that can in my words, as inadequate as they are, or will have continued troubles on our any way ease the pain of the family the words of any of us, will at this mo- hands. I hope we do remedy it very members who survive—the children, ment give much comfort. But in time, quickly. the spouses, parents. in time I hope they will find some ref- Remember more than anything else So I debated with myself today uge in what has been said, in the out- the real heroes here. The real heroes whether or not to say anything at all. pouring of respect, the outpouring of S9132 CONGRESSIONAL RECORD — SENATE July 28, 1998 emotion, the outpouring of just simple, ing, firing his weapon and finding his kets are placed in the Capitol rotunda. plain gratitude on the part of the staff, way to the office of the distinguished It is an honor that has been bestowed the Senators, and all Americans for Majority Whip, Congressman TOM upon very few of our Nation’s exem- what these two men did. DELAY. Congressman DELAY and his plary public servants and one which is They did their duty. They did their staff were in mortal danger from this entirely fitting for J. J. Chestnut and duty. And, in doing so, they clearly gunman. I know that every one of them John Gibson. They were public serv- saved the lives of other innocent peo- thanks God for the acts of Officer Gib- ants in the most fundamental sense. ple. That is no comfort now, but it will, son, whose bravery and perseverance Their sense of duty and service were in time, be some comfort. brought down the gunman at the office unmatched, and as we mourn the Let me close by saying, once again, door, even as Officer Gibson himself deaths of these two outstanding men in time the pain will ease. In time, lay mortally wounded. we can also feel a sense of pride in the when they think of their father, when Each of us who serves in the United great sacrifice they made in the de- they think of their husband, they will, States Senate depends on the bravery fense of democracy, our Capitol, and its in fact, smile rather than cry. All that and dedication of men and women like visitors. we can hope is that time will come Officers Gibson and Chestnut. Every Mr. President, I know my Senate col- sooner than later. day they put their lives on the line to leagues and Americans everywhere join I yield the floor. protect the safety and well-being of in honoring these two fallen heroes: TRIBUTE TO OFFICERS JOHN GIBSON AND JACOB Members of Congress and the public. Jacob J. Chestnut and John M. Gibson. CHESTNUT. Many of us have become friends with IN MEMORY OF OFFICER GIBSON AND OFFICER Mr. HAGEL. Mr. President, I rise this particular officers over the months and CHESTNUT afternoon to add my tribute and honor years we have served in this body, and Mr. ALLARD. Mr. President, today, to our fallen comrades and colleagues, that is only right. But it certainly in a place where President’s have laid, Officers Chestnut and Gibson, whose doesn’t make it any easier when we Officers J.J. Chestnut and Detective bodies lie in state in the Capitol Ro- have to say goodbye to two such dedi- John Gibson lay in state under the tunda just down the hall, where Mem- cated public servants and members of Capitol Dome, the very symbol of free- bers of the House and Senate paid trib- our Capitol Hill family. dom and democracy that they died to ute this morning. My condolences go out to the fami- I am not nearly eloquent enough to protect. lies of these brave men. It is my hope On Friday, July 24th, Mr. Gibson and express the feelings, certainly, that all that they will derive comfort from the Mr. Chestnut laid down their lives for of us have about what these two men knowledge that Officers Gibson and the people visiting their Capitol, for did mean to us, what all of our officers, Chestnut died protecting people from a our staffs, and for us. These two brave protectors, men and women who guard mad gunman, sacrificing themselves men are true public servants. Their ac- over us and our population that visits for the greater good—a greater good to this great and magnificent Capitol, tions protected American lives and our which they had devoted their careers this Capitol that represents free men cradle of freedom, the Capitol. and their lives. Even though I never had the oppor- and women, this Capitol that rep- tunity to meet Mr. Gibson and Mr. resents the best hope for mankind, HONORING JACOB J. CHESTNUT AND JOHN M. GIBSON Chestnut, I do know many like them. mean to us. What I would like to offer is a saying Mr. LEVIN. Mr. President, I rise to They are both husbands, fathers—Mr. that I have found comforting over the join the people across our Nation pay- Gibson has 3 children, and Mr. Chest- years and I believe applies very much ing tribute to the heroic actions of Of- nut has 5, and J.J. Chestnut is a grand- to our fallen heroes. And that saying ficer Jacob J. Chestnut and Detective father. I also know them from the goes like this—that man is a success John M. Gibson. These two men, who friendships that I and my wife Joan who has lived well, laughed often, and were killed during a senseless act of vi- have formed with the committed and loved much; who has gained the respect olence last Friday, gave their lives in selfless Capitol Hill Police. I want to of men and the love of children, who order to protect the American people thank them for their service to me, my leaves the world better than he found and their Capitol. They died fulfilling family, my staff, and every visitor that it, whether through an improved their sworn duty to protect the men enters this Capitol. poppy, a perfect poem or a rescued and women who work in the Capitol Mine, my wife’s, and my staff’s soul, who never failed to appreciate the compound and the multitudes of visi- hearts go out to the families of these beauty of nature, and always gave the tors who tour each day. The loss of J. two loved family men and the Capitol best he had. Officers Chestnut and Gib- J. Chestnut and John Gibson is like a Hill Police for their two fallen re- son gave the best they had and the death in the family. However, despite spected colleagues. They are heroes. America they leave behind is a better the great loss that will feel, our While no words can ever express the place. thoughts and prayers are first with sorrow felt, our prayers go out to their Mr. President, I thank the Chair. I their families, who will bear the great- families, friends, and the Capitol Hill yield the floor. est burden of this tragic event. We Police. TRIBUTE TO SLAIN CAPITOL POLICE OFFICERS hope that they may find some solace in Thank you Officer John Gibson and Mr. ABRAHAM. Mr. President, I rise knowing that the Nation joins them in Officer J.J. Chestnut for your service to express my deep regret over the their grief. to all of us and to this country. God deaths of the two capitol police officers These fallen protectors were true he- bless their memory and their families. slain in the line of duty last Friday. Of- roes. They faced gunfire and death in TRIBUTE TO FALLEN HEROES—J.J. CHESTNUT ficers John Gibson and Jacob Chestnut the line of duty. It is fitting that we AND JOHN GIBSON were family men; each was married are able to pay our final respects to Mr. CLELAND. Mr. President, I rise with three children. They also were them today in the very place where today to honor two fallen heroes—U.S. dedicated professionals and, as shown they worked and gave their lives. The Capitol Police Officer J.J. Chestnut by their final acts, heroes. Capitol Police serve with pride, effi- and U.S. Capitol Police Special Agent Officer Chestnut confronted the lone ciency and good humor. They handle John Gibson—who gave their lives to gunman whose weapon set off the the enormous task of allowing the mul- protect us. When I say ‘‘us,’’ I do not metal detector at the ‘‘document door’’ titude of people who visit our Capitol, refer only to members of Congress, to entrance to the main Capitol building. the symbol of freedom and democracy the tourists who visited the Capitol Officer Chestnut was fulfilling his duty the world over, access to it without a last Friday, or to staff members work- to protect the people’s building and the feeling of having to cross a barricade. ing that afternoon, I refer to all Ameri- thousands upon thousands of Ameri- This openness and accessibility have a cans. J.J. Chestnut and John Gibson cans who visit their building, from vio- heavy price, as we mourn the loss of gave their lives to protect our house, lence. He paid for his dedication with these brave men. the people’s house, and our freedom. his life. Today, J. J. Chestnut and John Gib- J.J. Chestnut, 58, joined the Capitol The gunman mortally wounded Offi- son are being given an extraordinary Police force in 1980, following 20 years cer Chestnut, then went into the build- honor by the Congress when their cas- of service in the United States Air July 28, 1998 CONGRESSIONAL RECORD — SENATE S9133 Force. He earned numerous commenda- ory, praise that will never die, and with it ment officers across the nation and tions and awards for both his military the grandest of all sepulchers, not that in world. and police service, including a Vietnam which their mortal bones are laid, but a As I filed past the bodies of our slain Service Medal, the Bronze Star for home in the minds of men, where their glory remains fresh to stir to speech or action as officers in the rotunda this morning, I Meritorious military service and the occasion comes by. For the whole earth was overwhelmed by the sacrifice they countless letters of appreciation from is the sepulcher of famous men; and their made to protect us, our families and citizens and staff for assistance pro- story is not graven only on stone over their fellow citizens. So many times, we take vided and attention to duty. Officer native earth, but lives on far away, without law enforcement for granted because Chestnut is survived by his wife, Wen visible symbol, woven into the stuff of other we see them every day monitoring en- Ling, and five children. men’s lives. For you now it remains to rival trances, patrolling the Capitol, just John Gibson, 42, also joined the Cap- what they have done and, knowing the secret being there. And, thankfully, we don’t itol Police force in 1980, and also of freedom a brave heart, not idly to stand aside from the enemy’s onset. often see events like the tragedy that earned numerous commendations. In occurred on Friday. We have a lot to learn from the self- 1988, Gibson was commended for going But events like those on Friday do less bravery and public service dis- to the aid of a citizen, and saving their happen. They happen every day across played by these two men. Our thoughts life by administering CPR. Special this great nation. Law enforcement of- and prayers are with their families and Agent Gibson is survived by his wife, ficers sacrifice their lives so we can friends at this difficult time. God bless. Evelyn, and three children. live more safely and freely. Every time It is horribly ironic to me that one of THE MURDERS OF U.S. CAPITOL POLICE OFFICERS that happens, I remember the commit- the fallen officers, J.J. Chestnut, was a JACOB CHESTNUT AND JOHN GIBSON ment they have made and I thank Vietnam Veteran who survived combat Mrs. FEINSTEIN. Mr. President, my them. only to fall at the hand of a fellow heart goes out to the families of the When such madness strikes at our American. As a veteran he served his two officers slain in Friday’s brutal nation’s symbol of democracy, it country so that we could all have our shooting. These two men will be for- should remind us even more that free- freedom, a freedom which the gunman ever known for their bravery, courage dom comes at a price. Our citizens and who walked into the United States and heroism in laying down their lives people of all lands are welcome to visit Capitol last Friday and opened fire, did to protect all of us who pass through our capitol and participate in the de- not understand, did not honor and cer- the halls of the United States Capitol. tainly did not respect. The Capitol police officers, Jacob mocracy that they help sustain. They In 1862, Nathaniel Hawthorne wrote: Chestnut and John Gibson, made the can watch Members of Congress under- ‘‘It is natural enough to suppose that ultimate sacrifice that any person can take the people’s business from the gal- the center and heart of America is the give in laying down their lives so that leries above the two house chambers. Capitol.’’ He stated that the Capitol’s others would be spared. Their actions They can visit us in our offices. They combination of dignity, harmony, and demonstrated the highest form of brav- can visit sacred monuments and his- utility made it a fit embodiment of the ery, selflessness, and professionalism. toric sites. highest traits of our nation. A year We must all remember that the price Just last Wednesday, at a coffee I later, Sculptor Thomas Crawford’s 191⁄2 of democracy is indeed, a high one. At held for visiting constituents from foot, 71⁄2 ton Statue of Freedom was times, the openness of our government Washington State, one tourist ex- lifted and placed atop the Capitol is sometimes challenged by events like claimed how impressed she was with Dome. those that took place this past Friday. the accessibility of the Capitol, with Nearly every President since Andrew But even though our democracy some- the openness of the process and the Jackson has been inaugurated on its times seems fragile when challenged by ability to meet and see her Senator and steps. The Capitol has hosted a cast of senseless violence, we must all do our Representatives. I agreed that we have American legends, as great Senators part to ensure that this type of vio- a wonderful system and I praised her and great members of the House have lence never happens again. I am con- for taking advantage of that openness presided and debated in each of two fident we will take those steps as a na- and participating in our great democ- houses over the years, including John tion. racy. Calhoun, Daniel Webster, Henry Clay, I had just landed in Colorado when I But we have defenders of this democ- Robert Lafollette, George Norris, Rich- learned what had happened in the Cap- racy and openness. Those men and ard Russell, John F. Kennedy, Sam itol building. When my plane arrived, I women are our police officers who try Rayburn, Carl Vinson, ROBERT BYRD. received an emergency call from my of- to find that perfect balance of an open The Capitol has also been home to so fice informing me of the tragic events. society and a safe society. Sometimes many milestones in American history. In an instant, my mind fell back to No- that balance means lives are sacrificed The Capitol was where the Civil Rights vember 28th, 1978 when in City Hall in to protect those noble goals. Act was passed in 1964, and where San Francisco the double assassination My thoughts and prayers are with women were granted the right to vote. the families of Officer Chestnut and It was where war was declared after the of Mayor George Moscone and Super- visor Harvey Milk took place. I knew Special Agent Gibson. This is such a invasion of Pearl Harbor following tragedy. As I have read about their upon the famous ‘‘Day of Infamy’’ the terrible anguish—even anger—that accompanies events like this one. lives and families and commitment to speech. It was where the Social Secu- their communities, their sacrifice was rity Act was enacted, and where legis- This event also shows the depth to which America’s infatuation with made even more real. They are true he- lation was passed to limit child labor. roes. More than anything, our Capitol has weapons can lead to tragedy. Not only So, I thank them and I thank the stood as a symbol of our democracy, of do we now see youngsters shooting Capitol Police. I honor their service. I our liberty, and of our freedom since other youngsters, but also the unthink- will use this tragedy to make sure I re- President George Washington laid the able slayings in what should be one of member the tremendous commitment cornerstone for the building in 1793. the safest places in our nation, the Let us not let the actions of the gun- United States Capitol. In this very dif- our law enforcement officers have man last Friday threaten our freedom, ficult time, I am proud to say that Offi- made to us: To keep us as safe and or our belief in our democracy. Instead, cers Jacob Chestnut and John Gibson when we are in danger, to lay down let us focus on the heroic actions of of- will always be remembered as Amer- their lives for us. ficers J.J. Chestnut and John Gibson, ican heroes. TRIBUTE TO SLAIN OFFICERS CHESTNUT AND who last week gave the ultimate sac- RECOGNITION OF SACRIFICES OF JACOB J. GIBSON rifice for their country. CHESTNUT AND JOHN M. GIBSON Mr. SANTORUM. Mr. President, I I am reminded of a passage from Mrs. MURRAY. Mr. President, I rise rise today to recognize and mourn the Thucydides’ ‘‘Funeral Oration of Peri- humbly to pay tribute to Officers passing of two cherished members of cles’’: Jacob Chestnut and Special Agent our Capitol Hill community, Officer So they gave their bodies to the common- John Gibson—and all of their fellow J.J. Chestnut and Officer John Gibson, wealth and received, each for his own mem- Capitol Police officers and law enforce- slain Friday in the line of duty. S9134 CONGRESSIONAL RECORD — SENATE July 28, 1998 As we mourn their deaths and pay mately dependent upon the courage Many things have changed in the 60 tribute to them, perhaps we should re- and commitment of individuals such as years this couple has been married, but call the particular, even paradoxical, Jacob Chestnut and John Gibson. the values principles, and commitment quality of who they were and what TRIBUTE TO U.S. CAPITOL POLICE OFFICERS this marriage demonstrates are time- they did: They stood among us, as JOHN GIBSON AND JACOB CHESTNUT less. As Mr. and Mrs. Emberson cele- members of this community, but they Mr. FRIST. Mr. President, honoring brate their 60th year together with also stood apart. those who die in the service of others is family and friends, it will be apparent As many have noted since their a practice as old as life itself. From an- that the lasting legacy of this marriage deaths, both officers were familiar to cient times to the present day, those will be the time, energy, and resources those of us who work in the Capitol. who survive pay tribute to those who invested in their children, community, They stood guard in these halls—and so have fallen with songs and symbols, and church, including their service as they stood, literally, among us. And flowers and ceremonies. devoted missionaries. My wife, Janet, their lives resembled many of our own And it is a good thing, for it is at and I look forward to the day we can lives; they were husbands, fathers, times like these that words often fail celebrate a similar milestone. sons, and brothers. They took pleasure us. Few memorial addresses have out- The Emberson’s exemplify the high- from their families and pride in their lived those who uttered them—not be- est commitment to the relentless dedi- work. If but for the sad events on Fri- cause of the inadequacy of the speak- cation and sacrifice. Their commit- day, they might have continued to live ers, but because of the inadequacy of ment to the principles and values of as so many of us do: simply but de- words themselves. To quote General their marriage deserves to be saluted cently, content to be known and loved James A. Garfield, who spoke at the and recognized. mostly by those closest to them. first memorial at Arlington National f But they stood guard in these halls— Cemetery—where Officers Gibson and and so they also stood apart. They be- Chestnut will be buried later this MESSAGES FROM THE HOUSE long to that small but remarkable week—‘‘If silence is ever golden, it RECEIVED DURING ADJOURNMENT group of people whose profession re- must be here beside the graves of men quires the willing forfeiture not just of whose lives were more significant than Under the authority of the order of their time and talent but, if necessary, speech, and whose death was a poem the Senate of January 7, 1997, the Sec- of their very lives. Unlike most of us, the music of which can never be sung.’’ retary of the Senate, on July 27, 1998, their daily work was to offer their life John Gibson and Jacob Chestnut during the adjournment of the Senate in the place of another’s. More dra- were such men, as their countless received a message from the House of matically and compellingly than most friends and associates have testified, Representatives announcing that the of us, they embodied the qualities that and so I add my small tribute to the House has agreed to the following con- sustain our democracy: selflessness and hundreds that have already been of- current resolution, in which it requests courage. In this, they stood guard over fered in the hope that it may, in some the concurrence of the Senate: our democratic tradition. small way, console the hearts of those H. Con. Res. 311. Concurrent resolution As individuals and citizens, we are they leave behind. honoring the memory of Detective John Mi- defined not only by who we stand with, Mr. President, long after these men chael Gibson and Private First Class Jacob but by when we choose to stand apart. are laid to their final rest, the memory Joseph Chestnut of the United States Capitol I am honored that these men stood Police for their selfless acts of heroism at of their warmth and their many the United States Capitol on July 24, 1998. among us everyday and grateful that, kindnesses, their lives and their heroic when the critical moment came, they sacrifice will live on in the hearts and f also freely chose to stand apart. In minds of all of us—indeed, of all who tribute, in these halls they guarded, we visit the soaring symbol of freedom and MESSAGES FROM THE HOUSE stand as one and grieve their deaths. democracy they died to defend. From At 10:09 a.m., a message from the TRIBUTE TO U.S. CAPITOL POLICE OFFICERS this day forward it will stand, like a si- House of Representatives, delivered by JACOB CHESTNUT AND JOHN GIBSON lent sentry, guarding the memory of Mr. Hays, one of its reading clerks, an- Mr. JOHNSON. Mr. President, I rise their valor and courage. nounced that the House has passed the to pay tribute to Capitol Police Offi- May the Almighty god who watches following bill, in which it requests the cers Jacob Chestnut and John Gibson over all of us, comfort and strengthen concurrence of the Senate: who sacrificed their lives last Friday their wives and children in the days H.R. 4250. An act to provide new patient safeguarding our nation’s Capitol, ahead, and may He protect all who protections under group health plans. Members of Congress, our staffs and place themselves in harm’s way so that The message also announced that the thousands of Americans who were we may enjoy the blessings and bene- pursuant to the provisions of section visiting the Capitol on that tragic day. fits of freedom. 4021(c) of Public Law 105–33, the Speak- We are privileged to work in these Mr. President, I thank the chair and er appoints the following member of hallowed buildings that are central to yield the floor. the part of the House to the National the greatest democracy in the world. f Bipartisan Commission on the Future We are equally privileged that Officers of Medicare to fill the existing vacancy Chestnut and Gibson and their col- HONORING THE EMBERSONS ON THEIR 60TH WEDDING ANNIVER- thereon: Mrs. Colleen Conway-Welch of leagues are willing to risk their lives Tennessee. to defend us from harm and keep de- SARY mocracy alive. Mr. ASHCROFT. Mr. President, fami- ENROLLED BILL SIGNED Capitol Police Officers protect more lies are the cornerstone of America. In- The message also announced the than 7 million visitors who come to our dividuals from strong families contrib- Speaker has signed the following en- Nation’s Capitol every year. Often, ute to the society. In an era when near- rolled bill: they are the first to welcome these ly half of all couples married today H.R. 39, An act to reauthorize the African visitors to our Capitol. I thank all the will see their union dissolve into di- Elephant Conservation Act. officers who secure our grounds and vorce, I believe it is both instructive The enrolled bill was signed subse- dedicate their lives to our safety. and important to honor those who have quently by the President pro tempore Officers Chestnut and Gibson and taken the commitment of ‘‘till death (Mr. THURMOND). their families are in our thoughts and us do part’’ seriously, demonstrating At 5:39 p.m., a message from the our prayers, but we also should remem- successfully the timeless principles of House of Representatives, delivered by ber to pray for the safety of hundreds love, honor, and fidelity. These charac- Mr. Hays, one of its reading clerks, an- of other men and women who protect teristics make our country strong. nounced that the House has passed the us everyday as we do the business of For these important reasons, I rise following concurrent resolution, with- the American people. This tragedy today to honor Glen and Vera out amendment: should remind all of us that our democ- Emberson, who on July 9, 1998, cele- S. Con. Res. 112. Concurrent resolution to racy and our nation’s security are ulti- brated their 60th wedding anniversary. authorize the printing of the eulogies of the July 28, 1998 CONGRESSIONAL RECORD — SENATE S9135 Senate and the House of Representatives for ceived on July 23, 1998; to the Committee on nue Service, Department of Treasury, trans- Detective John Michael Gibson and Private Labor and Human Resources. mitting, pursuant to law, the report of a rule First Class Jacob Joseph Chestnut. EC–6218. A communication from the Sec- entitled ‘‘Computation of the Differential f retary of Transportation, transmitting, pur- Earnings Rate and the Recomputed Differen- suant to law, the Secretary’s Report on Man- tial Earnings Rate’’ (Rev. Rul. 98–38) re- MEASURE READ THE FIRST TIME agement Decisions on the Office of Inspector ceived on July 24, 1998; to the Committee on General Audit Recommendations for the pe- The following bill was read the first Finance. riod October 1, 1997 through March 31, 1998; EC–6231. A communication from the Sec- time: to the Committee on Governmental Affairs. retary of Health and Human Services, trans- H.R. 4250. An act to provide new patient EC–6219. A communication from the In- mitting, pursuant to law, a report on the ef- protections under group health plans. terim District of Columbia Auditor, trans- fectiveness and appropriateness of current f mitting, pursuant to law, a report entitled mechanisms for surveying and certifying ‘‘Fiscal Year 1997 Annual Report on Advisory skilled nursing facilities; to the Committee EXECUTIVE AND OTHER Neighborhood Commissions’’; to the Com- on Finance. COMMUNICATIONS mittee on Governmental Affairs. EC–6220. A communication from the Execu- f The following communications were tive Director of the Committee For Purchase REPORTS OF COMMITTEES laid before the Senate, together with From People Who Are Blind or Severely Dis- accompanying papers, reports, and doc- abled, transmitting, pursuant to law, a re- The following reports of committees uments, which were referred as indi- port of additions to the Committee’s Pro- were submitted: cated: curement List dated July 20, 1998; to the By Mr. THOMPSON, from the Committee Committee on Governmental Affairs. on Government Affairs, with an amendment EC–6210. A communication from the Dep- EC–6221. A communication from the Sec- in the nature of a substitute and an amend- uty General Counsel of the Small Business retary of Defense, transmitting, notice of ment to the title: Administration, transmitting, pursuant to military retirements; to the Committee on S. 314: A bill to require that the Federal law, the report of a rule ‘‘Business Develop- Armed Services. Government procure from the private sector ment/Small Disadvantaged Business Status EC–6222. A communication from the Dep- the goods and services necessary for the op- Determinations’’ received on July 25, 1998; to uty Director of the Russia-NIS Program Of- erations and management of certain Govern- the Committee on Small Business. fice, International Trade Administration, ment agencies, and for other purposes (Rept. EC–6211. A communication from the Direc- transmitting, pursuant to law, the report of No. 105–269). tor of Defense Procurement, Office of the a rule entitled ‘‘Cooperative Agreement Pro- By Mr. CHAFEE, from the Committee on Under Secretary of Defense for Acquisition gram for American Business Centers in Rus- Environment and Public Works, without and Technology, transmitting, pursuant to sia and the New Independent States’’ (Dock- amendment: law, the report of a rule entitled ‘‘Defense et 980716181–8181–01) received on July 23, 1998; S. 2244: A bill to amend the Fish and Wild- Federal Acquisition Regulation Supplement; to the Committee on Foreign Relations. life Act of 1956 to promote volunteer pro- EC–6223. A communication from the Asso- Contractor Insurance/Pension Reviews’’ grams and community partnerships for the ciate Managing Director for Performance (Case 97–D012) received on July 23, 1998; to benefit of national wildlife refugees, and for the Committee on Armed Services. Evaluation and Records Management, Fed- eral Communications Commission, transmit- other purposes (Rept. No. 105–270). EC–6212. A communication from the Ad- By Mr. STEVENS, from the Committee on ministrator of the Rural Utilities Service, ting, pursuant to law, the report of a rule re- garding the marketing and authorization of Appropriations: Special Report entitled Department of Agriculture, transmitting, ‘‘Further Revised Allocation To Subcommit- pursuant to law, the report of a rule entitled radio frequency devices (Docket 94–45) re- ceived on July 24, 1998; to the Committee on tees Of Budget Totals from the Concurrent ‘‘Policy on Audits of RUS Borrowers’’ Resolution for Fiscal Year 1998’’ (Rept. No. (RIN0572–AA93) received on July 23, 1998; to Commerce, Science, and Transportation. EC–6224. A communication from the Dep- 105–271). the Committee on Agriculture, Nutrition, By Mr. STEVENS, from the Committee on and Forestry. uty General Counsel of the Small Business Administration, transmitting, pursuant to Appropriations: Special Report entitled EC–6213. A communication from the Assist- ‘‘Further Revised Allocation To Subcommit- ant Secretary for Land and Minerals Man- law, the report of a rule regarding a change of terminology in the Small Business Invest- tees Of Budget Totals for Fiscal Year 1999’’ agement, Department of the Interior, trans- (Rept. No. 105–272). mitting, pursuant to law, the report of a rule ment Companies regulations received on July 23, 1998; to the Committee on Small By Mr. CHAFEE, from the Committee on entitled ‘‘Helium Contracts’’ (RIN1004–AD24) Environment and Public Works, with an received on July 23, 1998; to the Committee Business. EC–6225. A communication from the Sec- amendment in the nature of a substitute and on Energy and Natural Resources. retary of Health and Human Services, trans- an amendment to the title: EC–6214. A communication from the Office mitting, pursuant to law, notice of the allo- H.R. 1856: A bill to amend the Fish and of Congressional Affairs, Nuclear Regulatory cation of emergency funds to eleven States Wildlife Act of 1956 to direct the Secretary of Commission, transmitting, pursuant to law, under the Low-Income Home Energy Assist- the Interior to conduct a volunteer pilot the report of a rule entitled ‘‘Adjustment of ance Act; to the Committee on Labor and project at one national wildlife refuge in the Maximum Retrospective Deferred Pre- Human Resources. each United States Fish and Wildlife Service mium’’ (RIN3150–AG01) received on July 23, EC–6226. A communication from the Direc- region, and for other purposes. 1998; to the Committee on Environment and tor of the Office of Personnel Management, By Mr. JEFFORDS, from the Committee Public Works. transmitting, pursuant to law, a report enti- on Labor and Human Resources, without EC–6215. A communication from the Direc- tled ‘‘Presidential Report on the Physicians amendment: tor of the Regulations Policy and Manage- Comparability Allowance’’; to the Commit- S. 2112: A bill to make the Occupational ment Staff, Food and Drug Administration, tee on Governmental Affairs. Safety and Health Act of 1970 applicable to Department of Health and Human Services, EC–6227. A communication from the Direc- the United States Postal Service in the same transmitting, pursuant to law, the report of tor of the Office of Personnel Management, manner as any other employer. a rule entitled ‘‘Secondary Direct Food Addi- transmitting, pursuant to law, the report on By Mr. LOTT (for Mr. HELMS), from the tives Permitted in Food for Human Con- drug and alcohol abuse prevention, treat- Committee on Foreign Relations, with an sumption (Chlorine Dioxide)’’ (Docket 94F– ment and rehabilitation programs and serv- amendment in the nature of a substitute and 0040) received on July 23, 1998; to the Com- ices for Federal civilian employees for fiscal with a preamble: mittee on Labor and Human Resources. year 1996; to the Committee on Govern- S. Con. Res. 103: A concurrent resolution EC–6216. A communication from the Direc- mental Affairs. expressing the sense of the Congress in sup- tor of the Regulations Policy and Manage- EC–6228. A communication from the Direc- port of the recommendations of the Inter- ment Staff, Food and Drug Administration, tor of the Office of Regulatory Management national Commission of Jurists on Tibet and Department of Health and Human Services, and Information, Environmental Protection on United States policy with regard to Tibet. transmitting, pursuant to law, the report of Agency, transmitting, pursuant to law, the f a rule entitled ‘‘Oral Dosage Form New Ani- report of a rule regarding Colorado landfill mal Drugs; Ivermectin Liquid’’ received on gas emissions (FRL6131–7) received on July EXECUTIVE REPORTS OF July 23, 1998; to the Committee on Labor and 24, 1998; to the Committee on Environment COMMITTEES Human Resources. and Public Works. EC–6217. A communication from the Direc- EC–6229. A communication from the Sec- The following executive reports of tor of the Regulations Policy and Manage- retary of Transportation, transmitting, pur- committees were submitted: ment Staff, Food and Drug Administration, suant to law, a report entitled ‘‘Pan-Amer- By Mr. THURMOND, from the Committee Department of Health and Human Services, ican Highway Macro-Economic, Pre-Feasibil- on Armed Services: transmitting, pursuant to law, the report of ity Study’’; to the Committee on Environ- Carolyn H. Becraft, of Virginia, to be an a rule entitled ‘‘New Animal Drugs For Use ment and Public Works. Assistant Secretary of the Navy. In Animal Feeds; Bacitracin Methylene Disa- EC–6230. A communication from the Chief Ruby Butler DeMesme, of Virginia, to be licylate, Decoquinate and Roxarsone’’ re- of the Regulations Unit of the Internal Reve- an Assistant Secretary of the Air Force. S9136 CONGRESSIONAL RECORD — SENATE July 28, 1998 Patrick T. Henry, of Virginia, to be an As- To be brigadier general To be brigadier general sistant Secretary of the Army. Keith B. Alexander, 9763 Col. William J. Davies, 1673 (The above nominations were re- Dorian T. Anderson, 0294 Col. James P. Combs, 0758 ported with the recommendation that Eldon A. Bargewell, 6135 The following named officer for appoint- they be confirmed, subject to the nomi- David W. Barno, 9794 ment in the United States Army to the grade nees’ commitment to respond to re- William H. Brandenburg, 9945 indicated while assigned to a position of im- John M. Brown, III, 0258 portance and responsibility under title 10, quests to appear and testify before any Peter W. Chiarelli, 6598 U.S.C., section 601: duly constituted committee of the Sen- Claude V. Christianson, 1982 To be general ate.) Edward L. Dyer, 5307 Lt. Gen. John N. Abrams, 5774 The following Air National Guard of the William F. Engel, 8868 The following named officer for appoint- United States officer for appointment in the Barbara G. Fast, 1763 ment in the United States Army to the grade Reserve of the Air Force to the grade indi- Stephen J. Ferrell, 9691 indicated while assigned to a position of im- cated under title 10 U.S.C., section 12203: Thomas R. Goedkoop, 5449 portance and responsibility under title 10, Dennis E. Hardy, 6357 To be brigadier general U.S.C., section 601: Steven R. Hawkins, 7697 Col. George W. Keefe, 3692 John W. Holly, 6285 To be lieutenant general The following Air National Guard of the David H. Huntoon, Jr., 1919 Maj. Gen. David H. Ohle, 2815 United States officer for appointment in the Peter T. Madsen, 8165 The following Army National Guard of the Reserve of the Air Force to the grade indi- Jesus A. Mangual, 6552 United States officers for appointment in the cated under title 10 U.S.C., section 12203: Thomas G. Miller, 3543 Reserve of the Army to the grade indicated To be major general Robert W. Mixon, Jr., 6735 under title 10, U.S.C., section 12203: Brig. Gen. Richard C. Cosgrave, 5678 Virgil L. Packett, II, 9367 To be major general The following named officer for appoint- Donald D. Parker, 6333 Brig. Gen. Paul J. Glazar, 2517 ment in the United States Air Force to the Elbert N. Perkins, 0786 Brig. Gen. John R. Groves, Jr., 2716 grade indicated while assigned to a position Joseph F. Peterson, 2747 Brig. Gen. David T. Hartley, 1609 of importance and responsibility under title David H. Petraeus, 1960 Brig. Gen. Lloyd E. Krase, 3636 10 U.S.C., section 601: Marilyn A. Quagliotti, 8480 Brig. Gen. Bennett C. Landreneau, 0645 Maynard S. Rhoades, 6348 To be lieutenant general Brig. Gen. Benny M. Paulino, 5606 Velma L. Richardson, 6426 Brig. Gen. Jean A. Romney, 1872 Lt. Gen. Roger G. DeKok, 6795 Michael D. Rochelle, 4381 Brig. Gen. Allen E. Tackett, 5032 The following named officer for appoint- Joe G. Taylor, Jr., 0884 To be brigadier general ment in the United States Air Force to the Nathaniel R. Thompson, III, 5240 Col. Richard W. Averitt, 7139 grade indicated while assigned to a position Alan W. Thrasher, 6690 Col. Daniel P. Coffey, 4196 of importance and responsibility under title James D. Thurman, 8182 Col. Howard A. Dillon, Jr., 1659 10, U.S.C., section 601: Thomas R. Turner, II, 7116 Col. Barry A. Griffin, 8148 To be lieutenant general John M. Urias, 6022 Michael A. Vane, 9890 Col. Larry D. Haub, 3445 Col. Robert J. Hayes, 7789 Lt. Gen. John W. Handy, 5379 Lloyd T. Waterman, 2903 The following named officer for appoint- Col. Lawrence F. Lafrenz, 4984 The following named officer for appoint- Col. Victor C. Langford III, 4215 ment in the United States Air Force to the ment in the United States Army to the grade grade indicated while assigned to a position Col. Thomas P. Mancino, 3133 indicated while assigned to a position of im- Col. Dennis C. Merrill, 5790 of importance and responsibility under title portance and responsibility under title 10, 10, U.S.C., section 601: Col. Walter A. Paulson, 4766 U.S.C., section 601: Col. Robley S. Rigdon, 7740 To be lieutenant general To be lieutenant general Col. Kenneth B. Robinson, 8162 Lt. Gen. Nicholas B. Kehoe III, 3315 Maj. Gen. Robert F. Foley, 9574 Col. Roy M. Umbarger, 9266 The following named officer for appoint- The following Army National Guard of the Col. Jimmy R. Watson, 5571 ment in the United States Air Force to the United States officer for appointment in the Col. Paul H. Wieck, 5055 grade indicated while assigned to a position Reserve of the Army to the grade indicated The following Army National Guard of the of importance and responsibility under title under title 10, U.S.C., section 12203: United States officer for appointment in the 10, U.S.C., section 601: To be brigadier general Reserve of the Army to the grade indicated under title 10, U.S.C., section 12203: To be lieutenant general Col. Dale R. Barber, 8409 To be major general Maj. Gen. Maxwell C. Bailey, 0835 The following named officer for appoint- The following named officer for appoint- ment in the United States Army to the grade Brig. Gen. Emilio Diaz-Colon, 2517 ment in the United States Air Force to the indicated under title 10, U.S.C., section 624: The following named officer for appoint- grade indicated while assigned to a position To be brigadier general ment in the United States Army to the grade of importance and responsibility under title indicated while assigned to a position of im- Col. Robert T. Dail, 5056 10, U.S.C., section 601: portance and responsibility under title 10, The following named officer for appoint- U.S.C., section 601: To be lieutenant general ment in the Reserve of the Army to the To be lieutenant general Lt. Gen. Phillip J. Ford, 8359 grade indicated under title 10, U.S.C. section Lt. Gen. Edward G. Anderson III, 2536 The following named officer for appoint- 12203: The following named officer for appoint- ment in the United States Air Force to the To be brigadier general grade indicated while assigned to a position ment in the United States Army to the grade Col. Robert A. Cocroft, 7353 indicated while assigned to a position of im- of importance and responsibility under title The following named officer for appoint- portance and responsibility under title 10, 10, U.S.C., section 601: ment in the United States Army to the grade U.S.C., section 601: To be lieutenant general indicated while assigned to a position of im- To be general Maj. Gen. Ronald C. Marcotte, 7848 portance and responsibility under title 10, Lt. Gen. Thomas A. Schwartz, 0711 U.S.C., section 601: The following named officer for appoint- JUDGE ADVOCATE GENERAL CORPS ment in the United States Air Force as To be lieutenant general The following named officer for appoint- Chief, National Guard Bureau, and for ap- Maj. Gen. Leon J. LaPorte, 0933 ment in the United States Army to the grade pointment to the grade indicated under title The following named officer for appoint- indicated under title 10, U.S.C., section 10, U.S.C., section 10502: ment in the United States Army to the grade 624(c): To be lieutenant general indicated while assigned to a position of im- To be brigadier general Maj. Gen. Russell C. Davis, 2021 portance and responsibility under title 10, Col. Thomas J. Romig, 9070 U.S.C., section 601: The following named officer for appoint- The following Army National Guard of the ment in the Reserve of the Army to the To be lieutenant general United States officer for appointment in the grade indicated under title 10, U.S.C., section Maj. Gen. James M. Link, 6041 Reserve of the Army to the grade indicated 12203: The following Army National Guard of the under title 10, U.S.C., section 12203: To be brigadier general United States officers for appointment in the To be brigadier general Col. Richard S. Colt, 4147 Reserve of the Army to the grade indicated Col. Bruce W. Pieratt, 4901 under title 10, U.S.C., section 12203: The following named officers for appoint- The following named officer for appoint- ment in the United States Army to the grade To be major general ment in the United States Navy to the grade indicated under title 10, U.S.C., section 624: Brig. Gen. Edmund C. Zysk, 6065 indicated under title 10, U.S.C., section 624: July 28, 1998 CONGRESSIONAL RECORD — SENATE S9137 To be rear admiral In the Army nominations beginning Johan INTRODUCTION OF BILLS AND Rear Adm. (lh) Peter A.C. Long, 9560 K Ahn, and ending Clorinda K Zawacki, JOINT RESOLUTIONS which nominations were received by the Sen- The following named officer for appoint- ate and appeared in the Congressional The following bills and joint resolu- ment as Chief of Chaplains and for appoint- Record of May 22, 1998 tions were introduced, read the first ment to the grade indicated under title 10, In the Navy nominations beginning Mark and second time by unanimous con- U.S.C., section 5142: T Ackerman, and ending Mary J Zurey, sent, and referred as indicated: To be rear admiral which nominations were received by the Sen- By Mr. THURMOND (for himself and Rear Adm. (lh) Anderson B. Holderby, Jr., ate and appeared in the Congressional Mr. HOLLINGS): 9991 Record of May 22, 1998 S. 2362. A bill to extend the temporary The following named officers for appoint- In the Air Force nominations beginning duty suspension on certain textured rolled ment in the United States Navy to the grade Albert K Aimar, and ending Jerry L Wilper, glass sheets; to the Committee on Finance. indicated under title 10, U.S.C., section 624: which nominations were received by the Sen- By Mr. BROWNBACK: ate and appeared in the Congressional S. 2363. A bill to authorize the extension of To be rear admiral (lower half) Record of June 15, 1998 nondiscriminatory treatment (normal trade Capt. Michael E. Finley, 8251 In the Army nomination of Angela D. relations treatment) to the products of Capt. Gwilym H. Jenkins, Jr., 0193 Meggs, which was received by the Senate and Kyrgyzstan; to the Committee on Finance. Capt. James A. Johnson, 6264 appeared in the Congressional Record of By Mr. CHAFEE (for himself, Mr. BAU- The following named officer for appoint- June 15, 1998 CUS, Mr. WARNER, Ms. SNOWE, Mr. ment in the United States Navy to the grade In the Marine Corps nomination of Michael KEMPTHORNE, Mr. LIEBERMAN, Mr. indicated while assigned to a position of im- J. Colburn, which was received by the Senate MOYNIHAN, Mr. REID, Mrs. BOXER, Mr. portance and responsibility under title 10, and appeared in the Congressional Record of LUGAR, Mr. HOLLINGS, Ms. COLLINS, U.S.C., section 601: June 15, 1998 and Ms. MIKULSKI): To be vice admiral In the Marine Corps nominations begin- S. 2364. A bill to reauthorize and make re- forms to programs authorized by the Public Rear Adm. James F. Amerault, 0491 ning Reginald H Baker, and ending James J Witkowski, which nominations were received Works and Economic Development Act of The following named officer for appoint- by the Senate and appeared in the Congres- 1965; to the Committee on Environment and ment in the United States Navy to the grade sional Record of June 15, 1998 Public Works. indicated under title 10, U.S.C., section 624: In the Navy nominations beginning David By Mr. BURNS: To be rear admiral Abernathy, and ending Michael B Witham, S. 2365. A bill to amend the Communica- tions Satellite Act of 1962 to promote com- Rear Adm. (lh) Michael L. Cowan, 2470 which nominations were received by the Sen- ate and appeared in the Congressional petition and privatization in satellite com- The following named officer for appoint- munications, and for other purposes; to the Record of June 15, 1998 ment in the United States Navy to the grade Committee on Commerce, Science, and In the Navy nominations beginning Sand- indicated while assigned to a position of im- Transportation. ers W Anderson, and ending Paul R Zambito, portance and responsibility under title 10, By Mr. JOHNSON (for himself, Mr. which nominations were received by the Sen- U.S.C., section 601: INHOFE, Mr. BAUCUS, Mr. CONRAD, Mr. ate and appeared in the Congressional BRYAN, Mr. KERRY, Mr. BUMPERS, Ms. To be vice admiral Record of June 15, 1998 SNOWE, Mrs. BOXER, Mr. DASCHLE, Rear Adm. Joseph S. Mobley, 1731 In the Navy nominations beginning John Mr. BURNS, and Mr. INOUYE): The following named officer for appoint- S. Andrews, and ending William M. Steele, S. 2366. A bill to amend the Internal Reve- ment in the United States Navy to the grade which nominations were received by the Sen- nue Code of 1986 to provide that housing as- indicated while assigned to a position of im- ate and appeared in the Congressional sistance provided under the Native American portance and responsibility under title 10, Record of June 15, 1998 Housing Assistance and Self-Determination U.S.C., section 601: In the Air Force nominations beginning Act of 1996 shall be treated for purposes of To be vice admiral Hedy C. Pinkerton, and ending Philip M. the low-income housing credit in the same Shue, which nominations were received by Rear Adm. Edward Moore, Jr., 0064 manner as comparable assistance; to the the Senate and appeared in the Congres- Committee on Finance. The following named officer for appoint- sional Record of July 7, 1998 By Mr. DODD: ment in the United States Navy to the grade In the Air Force nominations beginning S. 2367. A bill to authorize the Secretary of indicated while assigned to a position of im- John J Abbatiello, and ending Michel P Transportation to issue a certificate of docu- portance and responsibility under title 10, Zumwalt, which nominations were received mentation with appropriate endorsement for U.S.C., section 601: by the Senate and appeared in the Congres- employment in the coastwise trade for the To be vice admiral sional Record of July 7, 1998 vessel AMICI; to the Committee on Com- Rear Adm. John W. Craine, Jr., 9037 In the Army nominations beginning Kevin merce, Science, and Transportation. C Abbott, and ending Mark G Ziemba, which f The following named officer for appoint- nominations were received by the Senate and ment in the United States Navy to the grade appeared in the Congressional Record of July SUBMISSION OF CONCURRENT AND indicated while assigned to a position of im- 7, 1998 SENATE RESOLUTIONS portance and responsibility under title 10, In the Army nominations beginning The following concurrent resolutions U.S.C., section 601: Celethia M * Abner, and ending Shanda M * To be vice admiral Zugner, which nominations were received by and Senate resolutions were read, and Vice Adm. Herbert A. Browne, Jr., II, 4815 the Senate and appeared in the Congres- referred (or acted upon), as indicated: (The above nominations were re- sional Record of July 7, 1998 By Mr. LOTT (for himself and Mr. In the Navy nominations beginning Paul S. DASCHLE): ported with the recommendation that Webb, and ending Wesley P. Ritchie, which S. Res. 258. A resolution to authorize testi- they be confirmed.) nominations were received by the Senate and mony and representation of Senate employee Mr. THURMOND. Mr. President, for appeared in the Congressional Record of July in State of Tennessee v. Ronald W. Byrd; the Committee on Armed Services, I 7, 1998 considered and agreed to. report favorably 18 nomination lists in In the Navy nomination of Kevin J. Bed- By Mr. CAMPBELL: the Air Force, Army, Marine Corps, ford, which was received by the Senate and S. Con. Res. 113. A concurrent resolution to rename the Document Door of the Capitol as and Navy which were printed in full in appeared in the Congressional Record of July 7, 1998 the Chestnut-Gibson Memorial Door; to the the CONGRESSIONAL RECORD of May 22, Committee on Rules and Administration. June 15, July 7, and July 17, and ask In the Army nominations beginning Robert D. Branson, and ending William B. Walton, f unanimous consent, to save the ex- which nominations were received by the Sen- STATEMENTS ON INTRODUCED pense of reprinting on the Executive ate and appeared in the Congressional Calendar, that these nominations lie at Record of July 17, 1998 BILLS AND JOINT RESOLUTIONS the Secretary’s desk for the informa- In the Army nominations beginning Mark By Mr. THURMOND (for himself tion of Senators. A Acker, and ending X4578, which nomina- and Mr. HOLLINGS): The PRESIDING OFFICER. Without tions were received by the Senate and ap- S. 2362. A bill to extend the tem- objection, it is so ordered. peared in the Congressional Record of July porary duty suspension on certain tex- (The nominations ordered to lie on 17, 1998 tured rolled glass sheets; to the com- In the Navy nominations beginning Doug- the Secretary’s desk were printed in las J. Mcaneny, and ending Richard A. mittee on finance. the RECORD of May 22, 1998, June 15, Mohler, which nominations were received by DUTY SUSPENSION LEGISLATION 1998, July 7, 1998, and July 17, 1998, at the Senate and appeared in the Congres- ∑ Mr. THURMOND. Mr. President, the end of the Senate proceedings.) sional Record of July 17, 1998 today I introduce, along with Senator S9138 CONGRESSIONAL RECORD — SENATE July 28, 1998

HOLLINGS, a bill which will suspend the of hard work, and I would like to thank ellite technology has been successfully duty imposed on certain textured the Members and staff, industry rep- commercialized and that the old policy rolled glass sheets. Currently, this resentatives, and Administration offi- framework is no longer appropriate. glass is not manufactured in the cials who worked with me to develop a I hope that my colleagues will join United States nor is a substitute read- consensus bill for their efforts. It is my me in cosponsoring this legislation, in ily available. Therefore, suspending the intention to hold a hearing on this leg- which I have tried to balance compet- duty on this item would not adversely islation when the Senate returns in ing policy objectives. I look forward to affect domestic industries. early September. continuing to work with my colleagues I hope the Senate will consider this Currently, the satellite policies of to enact this legislation, and update measure expeditiously. the United States are based upon the our international satellite policy for I ask unanimous consent that the Communications Satellite Act of 1962, the 21st Century. text of this bill be printed in the a bill drafted in the midst of the Cold RECORD. War, when the United States was en- By Mr. JOHNSON (for himself, There being no objection, the bill was gaged in the ‘‘Space Race’’ with the So- Mr. INHOFE, Mr. BAUCUS, Mr. ordered to be printed in the RECORD, as viet Union. At that time, America CONRAD, Mr. BRYAN, Mr. KERRY, follows: wanted to demonstrate to the rest of Mr. BUMPERS, Ms. SNOWE, Mrs. S. 2362 the world its commitment to the BOXER, Mr. DASCHLE, Mr. Be it enacted by the Senate and House of Rep- peaceful uses of outer space and to BURNS, and Mr. INOUYE): resentatives of the United States of America in bring the benefits of space technology S. 2366. A bill to amend the Internal Congress assembled, to all the people of the world. Revenue Code of 1986 to provide that SECTION 1. TEXTURED ROLLED GLASS SHEETS. In that effort, we have succeeded housing assistance provided under the Subheading 9902.70.03 of the Harmonized magnificently. The 1962 Act led to the Native American Housing Assistance Tariff Schedule of the United States is formation of Comsat Corporation, and and Self-Determination Act of 1996 amended by striking ‘‘12/31/98’’ and insert then later of INTELSAT, which today shall be treated for purposes of the low- ‘‘12/31/2001’’.∑ provides global connectivity from the income housing credit in the same ∑ Mr. HOLLINGS. Mr. President, United States to virtually every point manner as comparable assistance; to today, I, along with Senator THUR- on the globe. The 1962 Act has paid the the Committee on Finance. MOND, introduce duty suspension legis- United States enormous dividends, to LOW INCOME HOUSING TAX CREDIT EQUITABLE lation designed to continue the impor- the point where the policy framework ACCESS FOR INDIAN TRIBES tation of certain rolled glass into the established by Congress in 1962 has Mr. JOHNSON. Mr. President, I rise United States duty free. This product been eclipsed by the success of these today to introduce legislation which is not manufactured in the United ventures, and by the development of will correct an unintended oversight in States. Upon importation, the rolled healthy marketplace competition. the federal administration of Native glass will be further manufactured in a The ‘‘International Satellite Commu- American housing programs, allowing facility at Fountain Inn, South Caro- nications Reform Act of 1998’’ is de- Indian tribes to once again access Low- lina. signed to establish a new policy frame- Income Housing Tax Credits (LIHTCs) I believe that this duty suspension work for international satellite com- for housing development in some of will assist with employment in South munications for the 21st Century. It is this nation’s most under-served com- Carolina. This facility manufactures designed to build on the success of the munities. Joining me as original co- glass-ceramic cooktops for the North 1962 Act in a manner that preserves the sponsors of this bill are Senators American appliance industry. Continu- benefits of that Act, while unleashing INHOFE, BAUCUS, CONRAD, BRYAN, ation of this duty suspension will allow the power of private enterprise to pro- KERRY, BUMPERS, SNOWE, BOXER, for the most efficient manufacture of vide new and innovative services to the DASCHLE, BURNS and INOUYE. this high end product in South Caro- people of the world. In the 104th Congress, the Native lina.∑ The ‘‘International Satellite Commu- American Housing Assistance and Self nications Reform Act of 1998’’ will help Determination Act (NAHASDA) was By Mr. BURNS: to bring about the privatization of signed into law, separating Indian S. 2365. A bill to amend the Commu- INTELSAT and Inmarsat, so that mar- housing from public housing and pro- nications Satellite Act of 1962 to pro- ket forces may shape the services and viding block grants to tribes and their mote competition and privatization in prices available to American consum- tribally designated housing authori- satellite communications, and for ers. This bill is also designed to open ties. Prior to passage of NAHASDA, In- other purposes; to the Committee on foreign markets to competition—but to dian tribes receiving HOME block Commerce, Science, and Transpor- do so in a way that does not harm con- grant funds were able to use those tation. sumers nor reduce the number of com- funds to leverage the Low Income INTERNATIONAL SATELLITE COMMUNICATIONS petitors in the marketplace. It requires Housing Tax Credits distributed by REFORM ACT OF 1998 that all satellite service providers be states on a competitive basis. Unfortu- Mr. BURNS. Mr. President, I rise subject to the same regulatory require- nately, unlike HOME funds, block today to introduce the ‘‘International ments while preserving lifeline services grants to tribes under the new Satellite Communications Reform Act to those countries that do not generate NAHASDA are defined as federal funds of 1998,’’ a bill to update our nation’s enough revenues to entice the entre- and cannot be used for accessing policies regarding the provision of preneurs to offer service. This will en- LIHTCs. international satellite services. sure that universal service and global The fact that tribes cannot use their During the final days of the First connectivity will always be available new block grant funds to access a pro- Session of the 105th Congress, I an- to U.S. consumers. gram (LIHTC) which they formerly nounced that I would engage in an ef- Achieving the goal of drafting a could access is an unintended con- fort to eliminate outdated regulations thoughtful, balanced bill was not easy. sequence of taking Indian Housing out and foster competition in the global I have worked with my colleagues on of Public Housing at HUD and setting satellite market. Since that time, I the Commerce Committee to draft a up the otherwise productive and much have met with industry representatives bill that is fair in its approach, consist- needed NAHASDA system. The legisla- and officials from the Administration, ent with our international obligations, tion I am introducing today is limited and my office has conducted a series of and which maintains universal service. in scope and redefines NAHASDA open briefings intended to fully edu- At the same time the bill relies upon funds, restoring tribal eligibility for cate Members and their staff on the free enterprise, market forces, and the LIHTC by putting NAHASDA funds competing interests and opposing views competition. on the same footing as HOME funds. surrounding this complicated debate. In my view, the ‘‘International Sat- With this technical correction, there The ‘‘International Satellite Commu- ellite Communications Reform Act of would be no change to the LIHTC pro- nications Reform Act of 1998’’ rep- 1998’’ builds upon the successes of the grams—tribes would compete for resents the culmination of a great deal 1962 Act, while recognizing that sat- LIHTCs with all other entities at the July 28, 1998 CONGRESSIONAL RECORD — SENATE S9139 state level, just as they did prior to Prior to the Amici’s purchase, the S. 1993 NAHASDA. owners secured counsel to purchase the At the request of Ms. COLLINS, the This technical corrections legislation vessel and to establish the corporation name of the Senator from Colorado is a minor but much needed fix to a Coastal Cruisers, LLC. They were (Mr. ALLARD) was added as a cosponsor valuable program that will restore eq- aware that the vessel was foreign-built, of S. 1993, a bill to amend title XVIII of uity to housing development across the although they had no knowledge of the the Social Security Act to adjust the country. The South Dakota Housing Jones Act’s restrictions on foreign- formula used to determine costs limits Development Authority has enthu- built vessels sailing between U.S. for home health agencies under medi- siastically endorsed this legislation out ports. Much to the owners’ dismay, care program, and for other purposes. of concern for equitable treatment of they were informed by the Coast Guard S. 1994 every resident of our state and to rein- that their services would be in viola- At the request of Mr. MCCAIN, his tion of the Jones Act only after they force the proven success of the LIHTC name was added as a cosponsor of S. program for housing development in had applied for a vessel documentation. Coastal Cruisers, LLC clearly pre- 1994, a bill to assist States in providing rural and lower income communities. individuals a credit against State in- I have joined many of my colleagues sented its intentions to use the boat come taxes or a comparable benefit for in past efforts to preserve and increase for cruising purposes to several parties contributions to charitable organiza- the Low Income Housing Tax Credit involved in its acquisition, including tions working to prevent or reduce pov- program which benefits every state, the insurance company from which it erty and to protect and encourage do- and I ask my colleagues to recognize was purchased and the seller, who him- nations to charitable organizations. the importance of maintaining fairness self is a captain with an unrestricted in access to this program emphasized operating license. These parties failed S. 1995 through this legislation and encourage to inform Coastal Cruisers, LLC about At the request of Mr. MCCAIN, his my colleagues to support passage of the Jones Act and the restrictions it name was added as a cosponsor of S. this vital legislation. would face in its endeavor. Coastal 1995, a bill to amend the Internal Reve- Mr. President, I ask unanimous con- Cruisers, LLC never willfully intended nue Code of 1986 to allow the designa- sent that the text of the bill be printed to violate the Jones Act, a law about tion of renewal communities, and for in the RECORD. which it possessed no knowledge. Based other purposes. There being no objection, the bill was upon these facts, Mr. President, I be- S. 1996 ordered to be printed in the RECORD, as lieve a waiver should be granted. At the request of Mr. MCCAIN, his I ask unanimous consent that the follows: name was added as a cosponsor of S. text of the bill be printed in the S. 2366 1996, a bill to provide flexibility to cer- Be it enacted by the Senate and House of Rep- RECORD. There being no objection, the bill was tain local educational agencies that de- resentatives of the United States of America in velop voluntary public and private pa- Congress assembled, ordered to be printed in the RECORD, as follows: rental choice programs under title VI SECTION 1. CERTAIN NATIVE AMERICAN HOUS- of the Elementary and Secondary Edu- ING ASSISTANCE DISREGARDED IN S. 2367 cation Act of 1965. DETERMINING WHETHER BUILDING Be it enacted by the Senate and House of IS FEDERALLY SUBSIDIZED FOR Representatives of the United States of America S. 2035 PURPOSES OF THE LOW-INCOME HOUSING CREDIT. in Congress assembled, At the request of Mr. BAUCUS, the (a) IN GENERAL.—Subparagraph (E) of sec- SECTION 1. CERTIFICATE OF DOCUMENTATION. name of the Senator from Colorado tion 42(i)(2) of the Internal Revenue Code of Notwithstanding section 27 of the Mer- (Mr. ALLARD) was added as a cosponsor 1986 (relating to determination of whether chant Marine Act, 1920 (46 U.S.C. App. 883), of S. 2035, a bill to amend title 39, section 8 of the Act of June 19, 1886 (24 Stat. building is federally subsidized) is amended— United States Code, to establish guide- (1) by inserting ‘‘OR NATIVE AMERICAN HOUS- 81, chapter 421; 46 U.S.C. App. 289), and sec- tions 12106 and 12108 of title 46, United States lines for the relocation, closing, or con- ING ASSISTANCE’’ after ‘‘HOME ASSISTANCE’’ in solidation of post offices, and for other the subparagraph heading, and Code, the Secretary of Transportation may (2) by inserting ‘‘or the Native American issue a certificate of documentation with ap- purposes. Housing Assistance and Self-Determination propriate endorsement for employment in At the request of Mr. LEAHY, his Act of 1996 (as in effect on October 1, 1997)’’ the coastwise trade for the vessel AMICI, name was added as a cosponsor of S. after ‘‘this subparagraph)’’ in clause (i). United States official number 658055. 2035, supra. (b) EFFECTIVE DATE.—The amendments ADDITIONAL COSPONSORS S. 2078 made by this section shall apply to periods after the date of the enactment of this Act. S. 375 At the request of Mr. GRASSLEY, the At the request of Mr. MCCAIN, the name of the Senator from Texas (Mr. By Mr. DODD: name of the Senator from South Caro- GRAMM) was added as a cosponsor of S. S. 2367. A bill to authorize the Sec- lina (Mr. THURMOND) was added as a co- 2078, a bill to amend the Internal Reve- retary of Transportation to issue a cer- sponsor of S. 375, a bill to amend title nue Code of 1986 to provide for Farm tificate of documentation with appro- II of the Social Security Act to restore and Ranch Risk Management Ac- priate endorsement for employment in the link between the maximum amount counts, and for other purposes. the coastwise trade for the vessel of earnings by blind individuals per- S. 2154 mitted without demonstrating ability Amici; to the Committee on Commerce, At the request of Mrs. BOXER, the to engage in substantial gainful activ- Science, and Transportation. name of the Senator from South Caro- ity and the exempt amount permitted CERTIFICATE OF DOCUMENTATION FOR THE lina (Mr. HOLLINGS) was added as a co- in determining excess earnings under VESSEL ‘‘AMICI’’ sponsor of S. 2154, a bill to promote re- the earnings test. Mr. DODD. Mr. President, today I in- search to identify and evaluate the troduce legislation to waive the 1920 S. 1822 health effects of silicone breast im- At the request of Mr. HUTCHINSON, his Merchant Marine Act, commonly plants, and to ensure that women and name was added as a cosponsor of S. known as the Jones Act, to allow their doctors receive accurate informa- 1822, a bill to amend title 38, United Coastal Cruisers, LLC to operate the tion about such implants. 1983 Singapore-built vessel Amici. States Code, to authorize provision of Coastal Cruisers, LLC is a family- care to veterans treated with naso- S. 2209 owned business in Branford, Connecti- pharyngeal radium irradiation. At the request of Mrs. MURRAY, the cut that wishes to offer charters of S. 1924 name of the Senator from California Long Island Sound, Block Island At the request of Mr. MACK, the name (Mrs. FEINSTEIN) was added as a co- Sound, and the Thimble Islands, among of the Senator from Florida (Mr. sponsor of S. 2209, a bill to reduce class other destinations in the United GRAHAM) was added as a cosponsor of S. size in the early grades and to provide States. The Amici is equipped to carry 1924, a bill to restore the standards for teacher quality improvement. only up to six people and, therefore, used for determining whether technical S. 2217 does not pose any threat to larger U.S. workers are not employees as in effect At the request of Mr. FRIST, the shipping interests. before the Tax Reform Act of 1986. name of the Senator from Michigan S9140 CONGRESSIONAL RECORD — SENATE July 28, 1998

(Mr. ABRAHAM) was added as a cospon- sin (Mr. FEINGOLD), the Senator from building through the door known as the Doc- sor of S. 2217, a bill to provide for con- Minnesota (Mr. WELLSTONE), the Sen- ument Door, located on the first floor of the tinuation of the Federal research in- ator from Illinois (Mr. DURBIN), the East Front; Whereas while the gunman’s intentions are vestment in a fiscally sustainable way, Senator from Delaware (Mr. BIDEN), and for other purposes. not yet fully known, nor may ever be known, and the Senator from California (Mrs. it is clear that he would have killed many S. 2256 BOXER) were added as cosponsors of S. more innocent people if Officers Chestnut At the request of Mr. KERRY, the 2358, a bill to provide for the establish- and Gibson had not ended his violent ram- name of the Senator from Hawaii (Mr. ment of a service-connection for ill- page; INOUYE) was added as a cosponsor of S. nesses associated with service in the Whereas Officer Jacob Chestnut was the 2256, a bill to provide an authorized Persian Gulf War, to extend and en- first Capitol Police officer to confront the strength for commissioned officers of hance certain health care authorities gunman just inside the Document Door and the National Oceanic and Atmospheric relating to such service, and for other lost his life as a result; Whereas Detective John Gibson was the Administration Corps, and for other purposes. purposes. next officer to confront the gunman and also SENATE CONCURRENT RESOLUTION 109 lost his life in the ensuing shootout; S. 2259 At the request of Mr. COVERDELL, the Whereas the last shot fired by Detective At the request of Mr. MURKOWSKI, the name of the Senator from South Caro- Gibson, his final act as an officer of the law, name of the Senator from North Caro- lina (Mr. THURMOND) was added as a co- finally brought down the gunman and ended lina (Mr. FAIRCLOTH) was added as a co- sponsor of Senate Concurrent Resolu- his deadly rampage; Whereas this was the first time members of sponsor of S. 2259, A bill to amend title tion 109, a concurrent resolution ex- XVIII of the Social Security Act to the Capitol Police have been killed in the pressing the sense of the Congress that line of duty in the 170-year history of the po- make certain changes related to pay- executive departments and agencies ments for graduate medical education lice force; must maintain the division of govern- Whereas the Capitol Police represent true under the medicare program. mental responsibilities between the na- dedication and professionalism in their du- S. 2296 tional government and the States that ties to keep the Capitol Building, the Li- At the request of Mr. MACK, the name was intended by the framers of the brary of Congress, and the Senate and House of the Senator from Florida (Mr. Constitution, and must ensure that the of Representatives office buildings safe for all who enter them; GRAHAM) was added as a cosponsor of S. principles of federalism established by 2296, a bill to amend the Internal Reve- Whereas the Capitol shines as a beacon of the framers guide the executive depart- freedom and democracy all around the world; nue Code of 1986 to repeal the limita- ments and agencies in the formulation tion on the amount of receipts attrib- Whereas keeping the sacred halls of the and implementation of policies. Capitol, known as the People’s House, acces- utable to military property which may SENATE RESOLUTION 210 sible for all the people of the United States be treated as exempt foreign trade in- and the world is a true testament of Con- At the request of Mr. WARNER, the come. gress and of our Nation’s dedication to up- name of the Senator from Nevada (Mr. S. 2330 holding the virtues of freedom; RYAN At the request of Mr. NICKLES, the B ) was added as a cosponsor of Whereas the door where this tragic inci- name of the Senator from Colorado Senate Resolution 210, a resolution des- dent took place is known as the Document (Mr. CAMPBELL) was added as a cospon- ignating the week of June 22, 1998 Door; and sor of S. 2330, a bill to improve the ac- through June 28, 1998 as ‘‘National Whereas it is fitting and appropriate that Mosquito Control Awareness Week’’. the Document Door be renamed as the Chest- cess and choice of patients to quality, nut-Gibson Memorial Door in honor of Offi- AMENDMENT NO. 3249 affordable health care. cer Jacob Chestnut and Detective John Gib- S. 2337 At the request of Mr. HUTCHINSON the son: Now, therefore, be it At the request of Mr. SMITH, the names of the Senator from Michigan Resolved by the Senate (the House of Rep- name of the Senator from Colorado (Mr. ABRAHAM), the Senator from Kan- resentatives concurring), That the Document (Mr. ALLARD) was added as a cosponsor sas (Mr. BROWNBACK), the Senator from Door located on the first floor of the East of S. 2337, a bill to establish a system Arizona (Mr. MCCAIN), the Senator Front is renamed as the Chestnut-Gibson of registries of temporary agricultural from Oklahoma (Mr. INHOFE), the Sen- Memorial Door in honor of Officer Jacob Jo- workers to provide for a sufficient sup- ator from Minnesota (Mr. GRAMS), the seph Chestnut and Detective John Michael Gibson. ply of such workers and to amend the Senator from New Hampshire (Mr. Immigration and Nationality Act to SMITH), the Senator from North Caro- Mr. CAMPBELL. Mr. President, streamline procedures for the admis- lina (Mr. HELMS), the Senator from today I submit a Senate concurrent sion and extension of stay of non- Alaska (Mr. MURKOWSKI), the Senator resolution to rename the Document immigrant agricultural workers, and from Indiana (Mr. COATS), the Senator Door as the Chestnut-Gibson Memorial for other purposes. from Alabama (Mr. SESSIONS), the Sen- Door. I feel that it is only fitting that S. 2352 ator from Georgia (Mr. COVERDELL), this door be named in honor of the two At the request of Mr. LEAHY, the and the Senator from Maine (Ms. COL- brave Capitol Police Officers, Detective name of the Senator from Michigan LINS) were added as cosponsors of John Gibson and Officer Jacob Chest- (Mr. ABRAHAM) was added as a cospon- Amendment No. 3249 proposed to S. nut, who just last Friday, gave their sor of S. 2352, a bill to protect the pri- 2312, an original bill making appropria- lives in the line of duty while serving vacy rights of patients. tions for the Treasury Department, the their country. S. 2354 United States Postal Service, the Exec- Last Friday’s shocking and senseless At the request of Mr. BOND, the name utive Office of the President, and cer- violence in the halls of the U.S. Capitol of the Senator from South Carolina tain Independent Agencies, for the fis- both saddened our nation and took the (Mr. THURMOND) was added as a cospon- cal year ending September 30, 1999, and lives of two of our finest. sor of S. 2354, a bill to amend title for other purposes. Officer Jacob Chestnut was posted at XVIII of the Social Security Act to im- f the Document Door entrance on the pose a moratorium on the implementa- Capitol’s East Front. Officers posted to SENATE CONCURRENT RESOLU- tion of the per beneficiary limits under this entrance are the first faces that TION 113—TO RENAME THE DOCU- the interim payment system for home many tourists see when they come to MENT DOOR OF THE CAPITAL AS health agencies, and to modify the visit the Capitol. Officer Chestnut’s standards for calculating the per visit THE CHESTNUT-GIBSON MEMO- post, which involves achieving a deli- cost limits and the rates for prospec- RIAL DOOR cate balance between the ensuring safe- tive payment systems under the medi- Mr. CAMBPELL submitted the fol- ty of those who visit the Capitol while care home health benefit to achieve lowing concurrent resolution; which keeping the People’s House as free and fair reimbursement payment rates, and was referred to the Committee on open as possible, requires a very special for other purposes. Rules and Administration: combination of hospitality, humor, pa- S. 2358 S. CON. RES. 113 tience and professionalism. To his At the request of Mr. ROCKEFELLER, Whereas on Friday, July 24, 1998, a lone credit, Officer Chestnut excelled in this the names of the Senator from Wiscon- gunman entered the United States Capitol endeavor. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9141 Detective John Gibson was the sec- nut, and the dedication and profes- policy of the National Credit Union Ad- ond Capitol Police Officer to engage sionalism of the entire U.S. Capitol Po- ministration Board with regard to field the gunman. I understand that it was lice force, our nation’s Capitol building of membership of Federal credit Detective John Gibson’s last shot, his is freely accessible and continues to unions; as follows: final act of a defender of the peace, serve as a beacon of freedom. On page 40, strike lines 6 through 11, and that brought the gunman down and For these reasons I feel that it is insert the following: ended the violent rampage. The Detec- only fitting that the Document Door be ‘‘(i) is an ‘investment area’, as defined in tive’s steadfast valor, while already renamed in honor of the two brave Cap- section 103(16) of the Community Develop- having been shot several times, was the itol Police Officers, Detective John ment Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(16)), and meets difference that saved many lives. We Gibson and Officer Jacob Chestnut, such additional requirements as the Board all owe him a deep debt of gratitude. who gave their lives so that the Capitol may impose; and If it had not been for the heroic ac- building could remain the People’s On page 54, line 8, insert ‘‘(a) IN GEN- tions of these two brave officers, this House and open to all. ERAL.—’’ before ‘‘The’’. dangerous gunman would almost cer- f On page 57, between lines 16 and 17, insert tainly have killed many more innocent the following: people. The two officer’s ultimate sac- SENATE RESOLUTION 258—TO AU- (b) STUDY AND REPORT.— rifice saved many lives. THORIZE TESTIMONY AND REP- (1) STUDY.—The Secretary shall conduct a This building, the U.S. Capitol, is far RESENTATION OF A SENATE EM- study of member business lending by insured more than just a building, it is a living PLOYEE credit unions, including— (A) an examination of member business monument to freedom and democracy. Mr. LOTT (for himself and Mr. lending over $500,000 and under $50,000, and a It is perhaps the only building on earth DASCHLE) submitted the following reso- breakdown of the types and sizes of busi- that simultaneously houses a healthy lution; which was considered and nesses that receive member business loans; democracy at work, while standing as a agreed to: (B) a review of the effectiveness and en- tribute to freedom that attracts mil- forcement of regulations applicable to in- lions of visitors from all over the U.S. S. RES. 258 sured credit union member business lending; and the entire world each year. The Whereas, in the case of State of Tennessee v. (C) whether member business lending by insured credit unions could affect the safety chambers, galleries and halls of our Ronald W. Byrd, Case No. S 113068, pending in the Court of General Sessions for Sullivan and soundness of insured credit unions or the Capitol are full of statues, busts, paint- County, Tennessee, testimony has been re- National Credit Union Share Insurance ings and displays that commemorate quested from Kathy Tipton, an employee in Fund; heroes and key events in our nation’s the office of Senator Fred Thompson. (D) the extent to which member business history. The men and women honored Whereas, pursuant to sections 703(a) and lending by insured credit unions helps to under this magnificent dome have 704(a)(2) of the Ethics in Government Act of meet financial services needs of low- and served their country in a wide variety 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the moderate-income individuals within the field of ways. Some have been great vision- Senate may direct its counsel to represent of membership of insured credit unions; employees of the Senate with respect to any (E) whether insured credit unions that en- aries and statesmen. Some have been gage in member business lending have a subpoena, order, or request for testimony re- leaders in science or adventurers, like competitive advantage over other insured lating to their official responsibilities; Colorado’s son, astronaut Jack Swigert depository institutions, and if any such ad- Whereas, by the privileges of the Senate of whose statue stands in these halls. vantage could affect the viability and profit- the United States and Rule XI of the Stand- Each of these heroes has contributed ability of such other insured depository in- ing Rules of the Senate, no evidence under and sacrificed in his or her own very stitutions; and the control or in the possession of the Senate (F) the effect of enactment of this Act on real and personal way. may, by the judicial process, be taken from Some of these heroes have made the the number of insured credit unions involved such control or possession but by permission in member business lending and the overall greatest sacrifice for their nation, giv- of the Senate; amount of commercial lending. ing their lives. Detective John Gibson Whereas, when it appears that evidence (2) NCUA COOPERATION.—The National and Officer Jacob Chestnut have joined under the control or in the possession of the Credit Union Administration shall, upon re- this honored rank. They gave their Senate may promote the administration of quest, provide such information as the Sec- lives for their nation while protecting justice, the Senate will take such action as retary may require to conduct the study re- our nation’s Capitol, and it is fitting will promote the ends of justice consistently quired under paragraph (1). with the privileges of the Senate: Now, that they will lie in honor today in the (3) REPORT.—Not later than 12 months therefore, be it after the date of enactment of this Act, the Capitol’s Rotunda while a grateful na- Resolved, That Kathy Tipton is authorized Secretary shall submit a report to the Con- tion pays its respects. to testify in the case of State of Tennessee v. gress on the results of the study conducted Not only is the Capitol the American Ronald W. Byrd, except concerning matters under paragraph (1). people’s house, it stands as a bright for which a privilege should be asserted. On page 57, line 16, strike the quotation beacon of hope to all of the world’s SEC. 2. The Senate Legal Counsel is author- marks and the final period and insert the fol- freedom loving people. While traveling ized to represent Kathy Tipton in connection lowing: this building’s halls, I have been regu- with the testimony authorized in section one ‘‘(e) CONSULTATION AND COOPERATION WITH larly awed by the comments of visitors of this resolution. STATE CREDIT UNION SUPERVISORS.—In im- plementing this section, the Board shall con- from other countries about how open f sult and seek to work cooperatively with and free this building is. They state AMENDMENTS SUBMITTED State officials having jurisdiction over how they would never be allowed to State-chartered insured credit unions.’’. walk so freely through the halls of On page 92, strike line 7 and all that fol- their own capital buildings back home lows through page 93, line 15, and insert the in their respective countries. This is an CREDIT UNION MEMBERSHIP following: ACCESS ACT important part of what makes America SEC. 402. UPDATE ON REVIEW OF REGULATIONS great. AND PAPERWORK REDUCTIONS. Whenever I have heard such senti- Not later than 1 year after the date of en- ments, I am reminded of just how for- D’AMATO (AND SARBANES) actment of this Act, the Federal banking tunate I am, and we all are, to be AMENDMENT NO. 3339 agencies shall submit a report to the Con- gress detailing their progress in carrying out Americans. Our Capitol is the People’s Mr. D’AMATO (for himself and Mr. section 303(a) of the Riegle Community De- House, and it must remain open and ac- SARBANES) proposed an amendment to velopment and Regulatory Improvement Act cessible to all. the bill (H.R. 1151) to amend the Fed- of 1994, since their submission of the report Thanks to the sacrifices of Detective eral Credit Union Act to clarify exist- dated September 23, 1996, as required by sec- John Gibson and Officer Jacob Chest- ing law and ratify the longstanding tion 303(a)(4) of that Act. S9142 CONGRESSIONAL RECORD — SENATE July 28, 1998 TREASURY AND GENERAL GOV- Page 11, on line 23 strike ‘‘$2,854,000,000’’ based on subparagraphs (A) and (B), as each ERNMENT APPROPRIATIONS ACT, and insert in lieu thereof ‘‘$3,317,690,000’’. applies to the hours involved. 1999 ‘‘(2) For purposes of sections 5595(c), 5941, SARBANES AMENDMENT NO. 3343 8331(3), and 8704(c), and for such other pur- poses as may be expressly provided for by Mr. CAMPBELL (for Mr. SARBANES) law or as the Office of Personnel Manage- CAMPBELL (AND OTHERS) proposed an amendment to the bill, S. ment may by regulation prescribe, the basic AMENDMENT NO. 3340 2312, supra; as follows: pay of a firefighter subject to this subsection Mr. CAMPBELL (for himself, Mr. At the end of title VI add the following shall include— FAIRCLOTH, and Mr. KOHL) proposed an new section: ‘‘(A) an amount computed under paragraph (1)(A) for the hours within the basic 40-hour amendment to the bill (S. 2312) making SEC. ll. FEDERAL FIREFIGHTERS OVERTIME PAY REFORM ACT OF 1998. workweek; and appropriations for the Treasury De- ‘‘(B) an amount equal to the firefighter’s (a) IN GENERAL.—Subchapter V of chapter partment, the United States Postal basic hourly rate (as computed under para- Service, the Executive Office of the 55 of title 5, United States Code, is amend- ed— graph (1)(B)) for all hours outside the basic President, and certain Independent (1) in section 5542 by adding at the end the 40-hour workweek that are within such fire- Agencies, for the fiscal year ending following new subsection: fighter’s regular tour of duty (including September 30, 1999, and for other pur- ‘‘(f) In applying subsection (a) of this sec- overtime hours). poses; as follows: tion with respect to a firefighter who is sub- ‘‘(d)(1) A firefighter who is subject to this ject to section 5545b— section shall receive overtime pay in accord- Strike Section 639 on pages 96 and 97 in its ance with section 5542, but shall not receive ‘‘(1) such subsection shall be deemed to entirety and insert in lieu thereof the follow- premium pay provided by other provisions of apply to hours of work officially ordered or ing: this subchapter. ‘‘SEC. 639. For purposes of each provision of approved in excess of 106 hours in a biweekly ‘‘(2) For the purpose of applying section law amended by section 704(a)(2) of the Eth- pay period, or, if the agency establishes a 7(k) of the Fair Labor Standards Act of 1938 ics Reform Act of 1989 (5 U.S.C. 5318 note), no weekly basis for overtime pay computation, to a firefighter who is subject to this section, adjustment under section 5303 of title 5, in excess of 53 hours in an administrative no violation referred to in such section 7(k) United States Code, shall be considered to workweek; and shall be deemed to have occurred if the re- have taken effect in fiscal year 1999 in the ‘‘(2) the overtime hourly rate of pay is an quirements of section 5542(a) are met, apply- rates of basic pay for the statutory pay sys- amount equal to one and one-half times the ing section 5542(a) as provided in subsection tems.’’. hourly rate of basic pay under section 5545b (f) of that section. The overtime hourly rate (b)(1)(A) or (c)(1)(B), as applicable, and such of pay for such firefighter shall in all cases GRASSLEY AMENDMENT NO. 3341 overtime hourly rate of pay may not be less be an amount equal to one and one-half than such hourly rate of basic pay in apply- times the firefighter’s hourly rate of basic Mr. CAMPBELL (for Mr. GRASSLEY) ing the limitation on the overtime rate pro- pay under subsection (b)(1)(A) or (c)(1)(B) of proposed an amendment to the bill, S. vided in paragraph (2) of such subsection this section, as applicable. 2312, supra; as follows: (a).’’; and ‘‘(3) The Office of Personnel Management At the appropriate place at the end of Title (2) by inserting after section 5545a the fol- may prescribe regulations, with respect to I, insert: lowing new section: firefighters subject to this section, that SEC. ll. Section 921(a) of title 18, United ‘‘§ 5545b. Pay for firefighters would permit an agency to reduce or elimi- States Code, is amended— ‘‘(a) This section applies to an employee nate the variation in the amount of fire- (1) in paragraph (5), by striking ‘‘the explo- whose position is classified in the firefighter fighters’ biweekly pay caused by work sched- sive in a fixed shotgun shell’’ and insert ‘‘an occupation in conformance with the GS–081 uling cycles that result in varying hours in explosive’’; standard published by the Office of Personnel the regular tours of duty from pay period to (2) in paragraph (7), by striking ‘‘the explo- Management, and whose normal work sched- pay period. Under such regulations, the pay that a firefighter would otherwise receive for sive in a fixed metallic cartridge’’ and in- ule, as in effect throughout the year, con- regular tours of duty over the work schedul- serting ‘‘an explosive’’; and sists of regular tours of duty which average ing cycle shall, to the extent practicable, re- (3) by striking paragraph (16) and inserting at least 106 hours per biweekly pay period. the following: ‘‘(b)(1) If the regular tour of duty of a fire- main unaffected.’’. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(16) The term ‘antique firearm’— fighter subject to this section generally con- MENT.—The table of sections for chapter 55 of ‘‘(A) means any— sists of 24-hour shifts, rather than a basic 40- title 5, United States Code, is amended by in- ‘‘(i) firearm (including any firearm with a hour workweek (as determined under regula- matchlock, flintlock, percussion cap, or serting after the item relating to section tions prescribed by the Office of Personnel 5545a the following: similar type of ignition system) manufac- Management), section 5504(b) shall be applied tured in or before 1898; as follows in computing pay— ‘‘5545b. Pay for firefighters.’’. (c) TRAINING.—Section 4109 of title 5, ‘‘(ii) replica of any firearm described in ‘‘(A) paragraph (1) of such section shall be United States Code, is amended by adding at clause (i), if such replica— deemed to require that the annual rate be di- ‘‘(I) is not designed or redesigned for using the end the following new subsection: vided by 2756 to derive the hourly rate; and ‘‘(d) Notwithstanding subsection (a)(1), a rimfire or conventional centerfire fixed am- ‘‘(B) the computation of such firefighter’s munition; or firefighter who is subject to section 5545b of daily, weekly, or biweekly rate shall be this title shall be paid basic pay and over- ‘‘(II) uses rimfire or conventional based on the hourly rate under subparagraph centerfire fixed ammunition that is no time pay for the firefighter’s regular tour of (A); duty while attending agency sanctioned longer manufactured in the United States ‘‘(2) For the purpose of sections 5595(c), and that is not readily available in the ordi- training.’’. 5941, 8331(3), and 8704(c), and for such other (d) INCLUSION IN BASIC PAY FOR FEDERAL nary channels of commercial trade; and purposes as may be expressly provided for by RETIREMENT.—Section 8331(3) of title 5, ‘‘(iii) muzzle loading rifle, muzzle loading law or as the Office of Personnel Manage- United States Code, is amended— shotgun, or muzzle loading pistol, that— ment may by regulation prescribe, the basic (1) by striking ‘‘and’’ after subparagraph ‘‘(I) is designed to use black powder, or a pay of a firefighter subject to this subsection (D); black powder substitute; and shall include an amount equal to the fire- (2) by redesignating subparagraph (E) as ‘‘(II) cannot use fixed ammunition; and fighter’s basic hourly rate (as computed subparagraph (G); ‘‘(B) does not include any— under paragraph (1)(A)) for all hours in such (3) by inserting the following: ‘‘(i) weapon that incorporates a firearm firefighter’s regular tour of duty (including ‘‘(E) with respect to a criminal investiga- frame or receiver; overtime hours). tor, availability pay under section 5545a of ‘‘(ii) firearm that is converted into a muz- ‘‘(c)(1) If the regular tour of duty of a fire- this title; zle loading weapon; or fighter subject to this section includes a ‘‘(F) pay as provided in section 5545b (b)(2) ‘‘(iii) muzzle loading weapon that can be basic 40-hour workweek (as determined and (c)(2); and ’’; and readily converted to fire fixed ammunition under regulations prescribed by the Office of (4) by striking ‘‘subparagraphs (B), (C), (D), by replacing the barrel, bolt, breechblock, or Personnel Management), section 5504(b) shall and (E)’’ and inserting ‘‘subparagraphs (B) any combination thereof.’’. be applied as follows in computing pay— through (G)’’. ‘‘(A) the provisions of such section shall (e) EFFECTIVE DATE.—The amendments CAMPBELL (AND KOHL) apply to the hours within the basic 40-hour made by this section shall take effect on the AMENDMENT NO. 3342 workweek; first day of the first applicable pay period ‘‘(B) for hours outside the basic 40-hour Mr. CAMPBELL (for himself and Mr. which begins on or after the later of October workweek, such section shall be deemed to 1, 1998, or the 180th day following the date of KOHL) proposed an amendment to the require that the hourly rate be derived by di- enactment of this section. bill, S. 2312, supra; as follows: viding the annual rate by 2756; and (f) REGULATIONS.—Under regulations pre- At the appropriate place, strike and insert ‘‘(C) the computation of such firefighter’s scribed by the Office of Personnel Manage- the following: daily, weekly, or biweekly rate shall be ment, a firefighter subject to section 5545b of July 28, 1998 CONGRESSIONAL RECORD — SENATE S9143

title 5, United States Code, as added by this (2) Congress, taxpayer groups, tax practi- AMENDMENT NO. 3347 section, whose regular tours of duty average tioners, and others criticized the program At the appropriate place, insert the follow- 60 hours or less per workweek and do not in- because of its cost to and burden on tax- ing: clude a basic 40-hour workweek, shall, upon payers; On page 45, line 21 after ‘‘U.S.C. 490(f)), implementation of this section, be granted (3) there is no law preventing the Internal the’’ insert ‘‘$508,752,000 to be deposited into an increase in basic pay equal to 2 step-in- Revenue Service from resuming its Taxpayer the Fund. The’’. creases of the applicable General Schedule Compliance Measurement Program; and grade, and such increase shall not be an (4) random audits may be overly burden- BAUCUS (AND OTHERS) equivalent increase in pay. If such increase some on taxpayers, particularly low-income AMENDMENT NO. 3348 results in a change to a longer waiting pe- taxpayers. riod for the firefighter’s next step increase, (b) SENSE OF THE SENATE.—It is the sense (Ordered to lie on the table.) the firefighter shall be credited with an addi- of the Senate that— Mr. BAUCUS (for himself, Mr. JEF- tional year of service for the purpose of such (1) the Internal Revenue Service should FORDS, Mr. CONRAD, and Mr. ALLARD) waiting period. If such increase results in a make it a top priority to ensure fairness to submitted an amendment intended to rate of basic pay which is above the maxi- taxpayers when selecting returns for audit; be proposed by them to the bill, S. 2312, (2) the Senate does not approve of the use mum rate of the applicable grade, such re- supra; as follows: sulting pay rate shall be treated as a re- of random audits of the general population of tained rate of basic pay in accordance with taxpayers or tax returns; and At the appropriate place, add the follow- section 5363 of title 5, United States Code. (3) the Internal Revenue Service should not ing: ll (g) NO REDUCTION IN REGULAR PAY.—Under conduct random audits of the general popu- SEC. . POST OFFICE RELOCATIONS, CLOS- regulations prescribed by the Office of Per- lation of taxpayers or tax returns. INGS, AND CONSOLIDATIONS. sonnel Management, the regular pay (over (a) SHORT TITLE.—This section may be the established work scheduling cycle) of a CAMPBELL (AND KOHL) cited as the ‘‘Community and Postal Partici- pation Act of 1998’’. firefighter subject to section 5545b of title 5, AMENDMENTS NOS. 3346–3347 United States Code, as added by this section, (b) GUIDELINES FOR RELOCATION, CLOSING, shall not be reduced as a result of the imple- Mr. CAMPBELL (for himself and Mr. OR CONSOLIDATION OF POST OFFICES.—Section mentation of this section. KOHL) proposed two amendments to the 404 of title 39, United States Code, is amend- bill, S. 2312, supra; as follows: ed by striking subsection (b) and inserting the following: COCHRAN AMENDMENT NO. 3344 AMENDMENT NO. 3346 ‘‘(b)(1) Before making a determination At the appropriate place, strike and insert Mr. CAMPBELL (for Mr. COCHRAN) under subsection (a)(3) as to the necessity for the following: the relocation, closing, or consolidation of proposed an amendemnt to the bill, S. On page 40, line 25, after the word ‘‘cam- 2312, supra; as follows: any post office, the Postal Service shall pro- paign,’’ strike through page 41, line 16 vide adequate notice to persons served by At the appropriate place at the end of Title through ‘‘campaign,’’ and insert in lieu that post office of the intention of the Postal VI, insert the following: thereof ‘‘(3) ONDCP, or any agent acting on Service to relocate, close, or consolidate SEC. ll. INTERNATIONAL MAIL REPORTING RE- its behalf, may not obligate any funds for that post office not later than 60 days before QUIREMENT. the creative development of advertisements the proposed date of that relocation, closing, (a) IN GENERAL.—Chapter 36 of title 39, from for-profit organizations, not including or consolidation. United States Code, is amended by adding out-of-pocket production costs and talent re- ‘‘(2)(A) The notification under paragraph after section 3662 the following: use payments, unless (a) the advertisements (1) shall be in writing, hand delivered or de- ‘‘§ 3663. Annual report on international serv- are intended to reach a minority, ethnic or livered by mail to persons served by that ices other special audience that cannot be ob- post office, and published in 1 or more news- tained on a pro bono basis within the time ‘‘(a) Not later than July 1 of each year, the papers of general circulation within the zip frames required by ONDCP’s advertising and codes served by that post office. Postal Rate Commission shall transmit to buying agencies, and (b) it receives prior ap- each House of Congress a comprehensive re- ‘‘(B) The notification under paragraph (1) proval from the Senate Committee on Appro- shall include— port of the costs, revenues, and volumes ac- priations, (4) ONDCP will secure corporate crued by the Postal Service in connection ‘‘(i) an identification of the relocation, sponsorship equaling 40 percent of the appro- closing, or consolidation of the post office with mail matter conveyed between the priated amount in fiscal year 1999, the defini- United States and other countries for the involved; tion of which is a contribution that is not re- ‘‘(ii) a summary of the reasons for the relo- previous fiscal year. ceived as a result of leveraging funds to re- ‘‘(b) Not later than March 15 of each year, cation, closing, or consolidation; and ceive said sponsorship, corporate sponsorship ‘‘(iii) the proposed date for the relocation, the Postal Service shall provide to the Post- equaling 60 percent of the appropriated al Rate Commission such data as the Com- closing, or consolidation. amount in fiscal year 2000, corporate spon- ‘‘(3) Any person served by the post office mission may require to prepare the report sorship equaling 80 percent of the appro- that is the subject of a notification under required under subsection (a) of this section. priated amount in fiscal year 2001, corporate paragraph (1) may offer an alternative relo- Data shall be provided in sufficient detail to sponsorship equaling 100 percent of the ap- cation, consolidation, or closing proposal enable the Commission to analyze the costs, propriated amount in fiscal year 2002, and during the 60-day period beginning on the revenues, and volumes for each international will report quarterly on its efforts to meet date on which the notice is provided under mail product or service, under the methods this goal, (5) ONDCP is mandated to use ap- paragraph (1). determined appropriate by the Commission propriated funds solely to fund the anti-drug ‘‘(4)(A) At the end of the period specified in for the analysis of rates for domestic mail.’’. media campaign to include only the pur- paragraph (3), the Postal Service shall make (b) TECHNICAL AND CONFORMING AMEND- chase of media time and space, talent re-use a determination under subsection (a)(3). Be- MENT.—The table of sections for chapter 63 of payments, out-of-pocket advertising produc- fore making a final determination, the Post- title 39, United States Code, is amended by tion costs, testing and evaluation of adver- al Service shall conduct a hearing, and per- adding after the item relating to section 3662 tising, evaluation of the effectiveness of the sons served by the post office that is the sub- the following: media campaign, the negotiated fees for the ject of a notice under paragraph (1) may ‘‘3663. Annual report on international serv- winning bidder on the request for proposal present oral or written testimony with re- ices.’’. recently issued by ONDCP, partnership with spect to the relocation, closing, or consolida- community, civic, and professional groups, tion of the post office. COVERDELL AMENDMENT NO. 3345 and government organizations related to the ‘‘(B) In making a determination as to media campaign, entertainment industry whether or not to relocate, close, or consoli- Mr. CAMPBELL (for Mr. COVERDELL) collaborations to fashion anti-drug messages date a post office, the Postal Service shall proposed an amendemnt to the bill, S. in movies, television programming, and pop- consider— 2312, supra; as follows: ular music, interactive (Internet and new) ‘‘(i) the extent to which the post office is At the appropriate place at the end of Title media projects/activities, public information part of a core downtown business area; I insert the following: (News Media Outreach), and corporate spon- ‘‘(ii) any potential effect of the relocation, SEC. ll. SENSE OF THE SENATE ON THE USE OF sorship/participation, (6) ONDCP shall not closing, or consolidation on the community RANDOM SELECTION OF RETURNS obligate funds provided for the national served by the post office; FOR EXAMINATION BY THE INTER- media campaign for fiscal year 1999 until ‘‘(iii) whether the community served by NAL REVENUE SERVICE. ONDCP has submitted the evaluation and re- the post office opposes a relocation, closing, (a) FINDINGS.—The Senate finds that— sults of Phase I of the campaign to the Sen- or consolidation; (1) in 1995, the Internal Revenue Service in- ate Committee on Appropriations, and may ‘‘(iv) any potential effect of the relocation, definitely postponed the 1994 Taxpayer Com- obligate up to 75 percent of these funds until closing, or consolidation on employees of the pliance Measurement Program, a program of ONDCP has submitted the evaluation and re- Postal Service employed at the post office; audits using random selection techniques (in sults of Phase II of the campaign to the Com- ‘‘(v) whether the relocation, closing, or this section referred to as ‘‘random audits’’); mittee,’’ consolidation of the post office is consistent S9144 CONGRESSIONAL RECORD — SENATE July 28, 1998 with the policy of the Government under sec- tiveness of the determination of the Postal (b) GUIDELINES FOR RELOCATION, CLOSING, tion 101(b) that requires the Postal Service Service until the final disposition of the ap- OR CONSOLIDATION OF POST OFFICES.—Section to provide a maximum degree of effective peal. 404 of title 39, United States Code, is amend- and regular postal services to rural areas, ‘‘(D) The provisions of sections 556 and 557, ed by striking subsection (b) and inserting communities, and small towns in which post and chapter 7 of title 5 shall not apply to any the following: offices are not self-sustaining; review carried out by the Commission under ‘‘(b)(1) Before making a determination ‘‘(vi) the quantified long-term economic this paragraph. under subsection (a)(3) as to the necessity for saving to the Postal Service resulting from ‘‘(E) A determination made by the Com- the relocation, closing, or consolidation of the relocation, closing, or consolidation; mission shall not be subject to judicial re- any post office, the Postal Service shall pro- ‘‘(vii) whether postal officials engaged in view. vide adequate notice to persons served by negotiations with persons served by the post ‘‘(8) In any case in which a community has that post office of the intention of the Postal office concerning the proposed relocation, in effect procedures to address the reloca- Service to relocate, close, or consolidate closing, or consolidation; tion, closing, or consolidation of buildings in that post office not later than 60 days before ‘‘(viii) whether management of the post of- the community, and the public participation the proposed date of that relocation, closing, fice contributed to a desire to relocate; requirements of those procedures are more or consolidation. stringent than those provided in this sub- ‘‘(ix)(I) the adequacy of the existing post ‘‘(2)(A) The notification under paragraph section, the Postal Service shall apply those office; and (1) shall be in writing, hand delivered or de- procedures to the relocation, consolidation, ‘‘(II) whether all reasonable alternatives to livered by mail to persons served by that or closing of a post office in that community relocation, closing, or consolidation have post office, and published in 1 or more news- in lieu of applying the procedures estab- been explored; and papers of general circulation within the zip lished in this subsection. ‘‘(x) any other factor that the Postal Serv- codes served by that post office. ‘‘(9) In making a determination to relo- ‘‘(B) The notification under paragraph (1) ice determines to be necessary for making a cate, close, or consolidate any post office, shall include— determination whether to relocate, close, or the Postal Service shall comply with any ap- ‘‘(i) an identification of the relocation, consolidate that post office. plicable zoning, planning, or land use laws ‘‘(5)(A) Any determination of the Postal closing, or consolidation of the post office (including building codes and other related involved; Service to relocate, close, or consolidate a laws of State or local public entities, includ- post office shall be in writing and shall in- ‘‘(ii) a summary of the reasons for the relo- ing any zoning authority with jurisdiction cation, closing, or consolidation; and clude the findings of the Postal Service with over the area in which the post office is lo- respect to the considerations required to be ‘‘(iii) the proposed date for the relocation, cated). closing, or consolidation. made under paragraph (4). ‘‘(10) The relocation, closing, or consolida- ‘‘(B) The Postal Service shall respond to ‘‘(3) Any person served by the post office tion of any post office under this subsection that is the subject of a notification under all of the alternative proposals described in shall be conducted in accordance with sec- paragraph (3) in a consolidated report that paragraph (1) may offer an alternative relo- tion 110 of the National Historic Preserva- cation, consolidation, or closing proposal includes— tion Act (16 U.S.C. 470h–2).’’. ‘‘(i) the determination and findings under during the 60-day period beginning on the (c) POLICY STATEMENT.—Section 101(g) of date on which the notice is provided under subparagraph (A); and title 39, United States Code, is amended by ‘‘(ii) each alternative proposal and a re- paragraph (1). adding at the end the following: ‘‘In addition ‘‘(4)(A) At the end of the period specified in sponse by the Postal Service. to taking into consideration the matters re- paragraph (3), the Postal Service shall make ‘‘(C) The Postal Service shall make avail- ferred to in the preceding sentence, with re- able to the public a copy of the report pre- a determination under subsection (a)(3). Be- spect to the creation of any new postal facil- fore making a final determination, the Post- pared under subparagraph (B) at the post of- ity, the Postal Service shall consider the po- fice that is the subject of the report. al Service shall conduct a hearing, and per- tential effects of that facility on the commu- sons served by the post office that is the sub- ‘‘(6)(A) The Postal Service shall take no nity to be served by that facility and the action to relocate, close, or consolidate a ject of a notice under paragraph (1) may service provided by any facility in operation present oral or written testimony with re- post office until the applicable date de- at the time that a determination is made spect to the relocation, closing, or consolida- scribed in subparagraph (B). whether to plan or build that facility.’’. ‘‘(B) The applicable date specified in this tion of the post office. subparagraph is— ‘‘(B) In making a determination as to ‘‘(i) if no appeal is made under paragraph JEFFORDS AMENDMENT NO. 3349 whether or not to relocate, close, or consoli- (7), the end of the 60-day period specified in (Ordered to lie on the table.) date a post office, the Postal Service shall that paragraph; or Mr. JEFFORDS submitted an amend- consider— ‘‘(ii) if an appeal is made under paragraph ment intended to be proposed by him ‘‘(i) the extent to which the post office is (7), the date on which a determination is part of a core downtown business area; to the bill, S. 2312, supra; as follows: ‘‘(ii) any potential effect of the relocation, made by the Commission under paragraph At the appropriate place, insert the follow- (7)(A), but not later than 120 days after the closing, or consolidation on the community ing: served by the post office; date on which the appeal is made. ll ‘‘(7)(A) A determination of the Postal Serv- SEC. . FEDERAL CONTRACTOR RETIREMENT ‘‘(iii) whether the community served by BENEFITS. ice to relocate, close, or consolidate any post the post office opposes a relocation, closing, Not later than May 1, 1999, the Office of office may be appealed by any person served or consolidation; Personnel Management shall conduct a by that post office to the Postal Rate Com- ‘‘(iv) any potential effect of the relocation, study and submit a report to the Committees mission during the 60-day period beginning closing, or consolidation on employees of the on Appropriations of the Senate and House on the date on which the report is made Postal Service employed at the post office; of Representatives, the Committee on Labor available under paragraph (5). The Commis- ‘‘(v) whether the relocation, closing, or and Human Resources of the Senate, and the sion shall review the determination on the consolidation of the post office is consistent Committee on Economic and Educational basis of the record before the Postal Service with the policy of the Government under sec- Opportunities of the House of Representa- in the making of the determination. The tion 101(b) that requires the Postal Service tives on the type and amounts of retirement Commission shall make a determination to provide a maximum degree of effective and pension benefits provided to employees based on that review not later than 120 days and regular postal services to rural areas, of business entities that contract with the after appeal is made under this paragraph. communities, and small towns in which post Federal Government for the provision of ‘‘(B) The Commission shall set aside any offices are not self-sustaining; services. determination, findings, and conclusions of ‘‘(vi) the quantified long-term economic the Postal Service that the Commission saving to the Postal Service resulting from finds to be— BAUCUS (AND OTHERS) the relocation, closing, or consolidation; ‘‘(i) arbitrary, capricious, an abuse of dis- AMENDMENT NO. 3350 ‘‘(vii) whether postal officials engaged in cretion, or otherwise not in accordance with (Ordered to lie on the table.) negotiations with persons served by the post office concerning the proposed relocation, the law; Mr. BAUCUS (for himself, Mr. JEF- ‘‘(ii) without observance of procedure re- closing, or consolidation; FORDS, Mr. ALLARD, and Mr. CONRAD) quired by law; or ‘‘(viii) whether management of the post of- ‘‘(iii) unsupported by substantial evidence submitted an amendment intended to fice contributed to a desire to relocate; on the record. be proposed to by them to the bill, S. ‘‘(ix)(I) the adequacy of the existing post ‘‘(C) The Commission may affirm the de- 2312, supra; as follows: office; and termination of the Postal Service that is the At the appropriate place, add the follow- ‘‘(II) whether all reasonable alternatives to subject of an appeal under subparagraph (A) ing: relocation, closing, or consolidation have or order that the entire matter that is the SEC. ll. POST OFFICE RELOCATIONS, CLOS- been explored; and subject of that appeal be returned for further INGS, AND CONSOLIDATIONS. ‘‘(x) any other factor that the Postal Serv- consideration, but the Commission may not (a) SHORT TITLE.—This section may be ice determines to be necessary for making a modify the determination of the Postal Serv- cited as the ‘‘Community and Postal Partici- determination whether to relocate, close, or ice. The Commission may suspend the effec- pation Act of 1998’’. consolidate that post office. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9145 ‘‘(5)(A) Any determination of the Postal plicable zoning, planning, or land use laws ministration shall, within 180 days after the Service to relocate, close, or consolidate a (including building codes and other related date of enactment of this Act, issue regula- post office shall be in writing and shall in- laws of State or local public entities, includ- tions necessary to carry out this section. clude the findings of the Postal Service with ing any zoning authority with jurisdiction (d) DEFINITION.—For purposes of this sec- respect to the considerations required to be over the area in which the post office is lo- tion, the term ‘‘Executive agency’’ has the made under paragraph (4). cated). meaning given such term by section 105 of ‘‘(B) The Postal Service shall respond to ‘‘(10) The relocation, closing, or consolida- title 5, United States Code, but does not in- all of the alternative proposals described in tion of any post office under this subsection clude the General Accounting Office. paragraph (3) in a consolidated report that shall be conducted in accordance with sec- includes— tion 110 of the National Historic Preserva- THOMPSON AMENDMENT NO. 3353 ‘‘(i) the determination and findings under tion Act (16 U.S.C. 470h–2).’’. subparagraph (A); and (c) POLICY STATEMENT.—Section 101(g) of Mr. THOMPSON proposed an amend- ‘‘(ii) each alternative proposal and a re- title 39, United States Code, is amended by ment to the bill, S. 2312, supra; as fol- sponse by the Postal Service. adding at the end the following: ‘‘In addition lows: ‘‘(C) The Postal Service shall make avail- to taking into consideration the matters re- Strike out section 642 and insert in lieu able to the public a copy of the report pre- ferred to in the preceding sentence, with re- thereof the following: pared under subparagraph (B) at the post of- spect to the creation of any new postal facil- SEC. 642. The Federal Acquisition Regula- fice that is the subject of the report. ity, the Postal Service shall consider the po- tion shall be revised, within 180 days after ‘‘(6)(A) The Postal Service shall take no tential effects of that facility on the commu- the date of enactment of this Act, to include action to relocate, close, or consolidate a nity to be served by that facility and the the use of forced or indentured child labor in post office until the applicable date de- service provided by any facility in operation mining, production, or manufacturing as a scribed in subparagraph (B). at the time that a determination is made cause on the lists of causes for debarment ‘‘(B) The applicable date specified in this whether to plan or build that facility.’’. and suspension from contracting with execu- subparagraph is— tive agencies that are set forth in the regula- ‘‘(i) if no appeal is made under paragraph tion. (7), the end of the 60-day period specified in FEINSTEIN AMENDMENT NO. 3351 that paragraph; or Mrs. FEINSTEIN proposed an amend- DEWINE (AND OTHERS) ‘‘(ii) if an appeal is made under paragraph ment to the bill, S. 2312, supra; as fol- (7), the date on which a determination is AMENDMENT NO. 3354 lows: made by the Commission under paragraph (Ordered to lie on the table.) On page 104, between lines 21 and 22, insert (7)(A), but not later than 120 days after the Mr. DEWINE (for himself, Mr. date on which the appeal is made. the following: BROWNBACK, and Mr. SANTORUM) sub- ‘‘(7)(A) A determination of the Postal Serv- SEC. 644. BAN ON IMPORTING LARGE CAPACITY ice to relocate, close, or consolidate any post AMMUNITION FEEDING DEVICES. mitted an amendment intended to be office may be appealed by any person served (a) SHORT TITLE.—This section may be proposed by them to the bill, S. 2312, by that post office to the Postal Rate Com- cited as the ‘‘Large Capacity Clip Ban of supra; as follows: mission during the 60-day period beginning 1998’’. At the end of title VI, add the following: on the date on which the report is made (b) BAN ON IMPORTING LARGE CAPACITY AM- SEC. ll. No funds appropriated by this available under paragraph (5). The Commis- MUNITION FEEDING DEVICES.—Section 922(w) Act shall be available to pay for an abortion, sion shall review the determination on the of title 18, United States Code, is amended— or the administrative expenses in connection basis of the record before the Postal Service (1) in paragraph (1), by striking ‘‘(1) Except with any health plan under the Federal em- in the making of the determination. The as provided in paragraph (2)’’ and inserting ployees health benefit program which pro- Commission shall make a determination ‘‘(1)(A) Except as provided in subparagraph vides any benefits or coverage for abortions. based on that review not later than 120 days (B)’’; SEC. ll. The provision of section ll after appeal is made under this paragraph. (2) in paragraph (2), by striking ‘‘(2) Para- shall not apply where the life of the mother ‘‘(B) The Commission shall set aside any graph (1)’’ and inserting ‘‘(B) Subparagraph would be endangered if the fetus were carried determination, findings, and conclusions of (A)’’; to term, or the pregnancy is the result of an the Postal Service that the Commission (3) by inserting before paragraph (3) the act of rape or incest. finds to be— following: ‘‘(i) arbitrary, capricious, an abuse of dis- ‘‘(2) It shall be unlawful for any person to KOHL (AND CAMPBELL) cretion, or otherwise not in accordance with import a large capacity ammunition feeding the law; device.’’; and AMENDMENT NO. 3355 ‘‘(ii) without observance of procedure re- (4) in paragraph (4)— Mr. KOHL (for himself and Mr. CAMP- quired by law; or (A) by striking ‘‘(1)’’ each place it appears BELL) proposed an amendment to the ‘‘(iii) unsupported by substantial evidence and inserting ‘‘(1)(A)’’; and bill, S. 2312, supra; as follows: on the record. (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. ‘‘(C) The Commission may affirm the de- (c) CONFORMING AMENDMENT.—Section On page 104, between lines 21 and 22, insert termination of the Postal Service that is the 921(a)(31) of title 18, United States Code, is the following: subject of an appeal under subparagraph (A) amended by striking ‘‘manufactured after SEC. 644. EXTENSION OF SUNSET PROVISION. or order that the entire matter that is the the date of enactment of the Violent Crime Section 2(f)(2) of the Undetectable Fire- subject of that appeal be returned for further Control and Law Enforcement Act of 1994’’. arms Act of 1988 (18 U.S.C. 922 note) is consideration, but the Commission may not amended by striking ‘‘(2)’’ and all that fol- modify the determination of the Postal Serv- lows through ‘‘10 years’’ and inserting the ice. The Commission may suspend the effec- LANDRIEU AMENDMENT NO. 3352 following: tiveness of the determination of the Postal Mr. CAMPBELL (for Ms. LANDRIEU) ‘‘(2) SUNSET.—Effective 15 years’’. Service until the final disposition of the ap- proposed an amendment to the bill, S. peal. 2312, supra; as follows: CHAFEE (AND OTHERS) ‘‘(D) The provisions of sections 556 and 557, and chapter 7 of title 5 shall not apply to any At the appropriate place in title VI, insert AMENDMENT NO. 3356 review carried out by the Commission under the following: Mr. CAMPBELL (for Mr. CHAFEE for ll this paragraph. SEC. . CHILD CARE SERVICES FOR FEDERAL himself, Mr. WARNER, and Mr. BAUCUS) ‘‘(E) A determination made by the Com- EMPLOYEES. proposed an amendment to the bill, S. (a) IN GENERAL.—An Executive agency mission shall not be subject to judicial re- 2312, supra; as follows: view. which provides or proposes to provide child ‘‘(8) In any case in which a community has care services for Federal employees may use On page 47, strike lines 11 and 12. in effect procedures to address the reloca- agency funds to provide child care, in a Fed- On page 62, between lines 19 and 20, insert tion, closing, or consolidation of buildings in eral or leased facility, or through contract, the following: the community, and the public participation for civilian employees of such agency. SEC. 4ll. DEPARTMENT OF TRANSPORTATION requirements of those procedures are more (b) AFFORDABILITY.—Amounts provided HEADQUARTERS. stringent than those provided in this sub- under subsection (a) with respect to any fa- (a) IN GENERAL.—The Administrator of section, the Postal Service shall apply those cility or contractor described in such sub- General Services, without further review or procedures to the relocation, consolidation, section shall be applied to improve the af- approval by any other office of the executive or closing of a post office in that community fordability of child care for lower income branch, shall— in lieu of applying the procedures estab- Federal employees using or seeking to use (1) acquire an operating lease for the De- lished in this subsection. the child care services offered by such facil- partment of Transportation headquarters; ‘‘(9) In making a determination to relo- ity or contractor. and cate, close, or consolidate any post office, (c) REGULATIONS.—The Office of Personnel (2) commence procurement of the lease not the Postal Service shall comply with any ap- Management and the General Services Ad- later than November 1, 1998; S9146 CONGRESSIONAL RECORD — SENATE July 28, 1998 in accordance with the authorizing resolu- graph (A), (B), or (C) of section 8401(17) of be granted permission to meet during tions passed by the Committee on Environ- title 5, United States Code; and any special the session of the Senate on Tuesday, ment and Public Works of the Senate on No- agent in the Diplomatic Security Service of July 28, for purposes of conducting a vember 6, 1997, and the Committee on Trans- the Department of State. full committee hearing which is sched- portation and Infrastructure of the House of (b) RULE OF CONSTRUCTION.—Notwithstand- Representatives on July 23, 1997. ing any other provision of law, for purposes uled to begin at 9:30 a.m. The purpose (b) AUTHORIZATION TO REDUCE ANNUAL of chapter 171 of title 28, United States Code, of this oversight hearing is to receive LEASE AMOUNTS.—In order to procure an op- or any other provision of law relating to tort testimony on the March 31, 1998 Gov- erating lease, the Administrator of General liability, a law enforcement officer shall be ernment Accounting Office report on Services shall reduce the annual lease construed to be acting within the scope of the Forest Service: Review of the Alas- amounts authorized by the resolutions to his or her office or employment, if the officer ka Region’s Operating Costs. such extent as is necessary to effectuate an takes any reasonable action, including the The PRESIDING OFFICER. Without operating lease at the time at which the use of force, that is determined by the officer objection, it is so ordered. lease is executed. to be necessary to— SEC. 4ll. SECURITY OF CAPITOL COMPLEX. (1) protect an individual in the presence of COMMITTEE ON FINANCE There is appropriated to the Architect of the officer from a crime of violence; Mr. D’AMATO. Mr. President, I ask the Capitol for costs associated with the se- (2) provide immediate assistance to an in- unanimous consent that the Commit- curity of the Capitol complex $14,105,000. dividual who has suffered or who is threat- tee on Finance be permitted to meet ened with bodily harm; or Tuesday, July 28, 1998 beginning at THOMPSON AMENDMENT NO. 3357 (3) prevent the escape of any individual 10:00 a.m. in room SH–215, to conduct a who the officer reasonably believes to have (Ordered to lie on the table.) committed in the presence of the officer a markup. Mr. THOMPSON submitted an crime of violence. The PRESIDING OFFICER. Without amendment intended to be proposed by f objection, it is so ordered. him to the bill, S. 2312, supra; as fol- COMMITTEE ON LABOR AND HUMAN RESOURCES lows: NOTICE OF HEARING Mr. D’AMATO. Mr. President, I ask Strike section 625 and insert the following: COMMITTEE ON AGRICULTURE, NUTRITION, AND unanimous consent that the Commit- SEC. 625. (a) IN GENERAL.—Beginning in FORESTRY tee on Labor and Human Resources be calendar year 2000, and every 2 calendar Mr. LUGAR. Mr. President, I would authorized to meet for a hearing on years thereafter, the Director of the Office of like to announce that the Senate Com- Substance Abuse: the Science of Addic- Management and Budget shall prepare and mittee on Agriculture, Nutrition, and tion and Options for Treatment during submit to Congress, with the budget submit- Forestry will meet on Thursday, July the session of the Senate on Tuesday, ted under section 1105 of title 31, United States Code, an accounting statement and 30, 1998 at 9:00 a.m. in SD–106. The pur- July 28, 1998, at 10:00 a.m. associated report containing— pose of this meeting will be to review a The PRESIDING OFFICER. Without (1) an estimate of the total annual costs recent concept release by CFTC on objection, it is so ordered. and benefits (including quantifiable and non- over-the-counter derivatives and relat- COMMITTEE ON VETERANS’ AFFAIRS quantifiable effects) of Federal rules and pa- ed legislation proposed by the Treasury Mr. D’AMATO. Mr. President, the perwork, to the extent feasible— Department, the Board of Governors of Committee on Veterans’ Affairs would (A) in the aggregate; the Federal Reserve System and the like to request unanimous consent to (B) by agency and agency program; and SEC. (C) by major rule; hold a markup on pending legislation. (2) an analysis of impacts of Federal regu- f The markup will be held at 4:15 p.m., lation on State, local, and tribal govern- AUTHORITY FOR COMMITTEES TO on Tuesday, July 28, 1998 in room 418 of ment, small business, wages, and economic MEET the Russell Senate Office Building. growth; and The PRESIDING OFFICER. Without (3) recommendations for reform. COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. (b) NOTICE.—The Director of the Office of AFFAIRS SPECIAL COMMITTEE ON AGING Management and Budget shall provide public Mr. D’AMATO. Mr. President, I ask notice and an opportunity to comment on unanimous consent that the Commit- Mr. D’AMATO. Mr. President, I ask the statement and report under subsection tee on Banking, Housing, and Urban unanimous consent that the Special (a) before the statement and report are sub- Committee on Aging be permitted to mitted to Congress. Affairs be authorized to meet during the session of the Senate on Tuesday, meet on July 28, 1998 at 10:00 a.m. to (c) GUIDELINES.—To implement this sec- 1:00 p.m. in Hart 216 for the purpose of tion, the Director of the Office of Manage- July 28, 1998, to conduct an oversight conducting a hearing. ment and Budget shall issue guidelines to hearing on mandatory arbitration agencies to standardize— agreements in employment contracts The PRESIDING OFFICER. Without (1) measures of costs and benefits; and in the securities industry. objection, it is so ordered. (2) the format of accounting statements. The PRESIDING OFFICER. Without f (d) PEER REVIEW.—The Director of the Of- fice of Management and Budget shall provide objection, it is so ordered. ADDITIONAL STATEMENTS for independent and external peer review of COMMITTEE ON COMMERCE, SCIENCE, AND the guidelines and each accounting state- TRANSPORTATION ment and associated report under this sec- Mr. D’AMATO. Mr. President, I ask WEST VIRGINIA ENERGY EXPRESS tion. Such peer review shall not be subject to unanimous consent that the Senate PROJECT the Federal Advisory Committee Act (5 Committee on Commerce, Science, and ∑ Mr. ROCKEFELLER. Mr. President, U.S.C. App.). Transportation be authorized to meet it is with great pride that I rise today on Tuesday, July 28, 1998, at 9:30 a.m. to recognize the Energy Express GRASSLEY (AND OTHERS) on the nominations of Ritajean Americorps for their contributions to AMENDMENT NO. 3358 Butterworth and Diane Blair to be local West Virginia communities. In (Ordered to lie on the table.) members of the Corporation for Public 1994, several studies demonstrated con- Mr. GRASSLEY (for himself, Mr. Broadcasting and Kelley Coyner to be clusively that many low-income chil- D’AMATO, Mr. SESSIONS, Mr. STEVENS, administrator of the Research and Spe- dren were not receiving proper nourish- and Mr. GRAMS) submitted an amend- cial Programs Administration of the ment and we all understand how this ment intended to be proposed by them Department of Transportation and im- hurts a child’s healthy development. to the bill, S. 2312, supra; as follows: mediately following a full committee Further research has suggested that At the appropriate place, insert the follow- hearing on cable rates. not only did low-income students lack ing: The PRESIDING OFFICER. Without proper nutrition, but they also faced SEC. ll. (a) DEFINITIONS.—In this sec- objection, it is so ordered. academic set backs while their more tion— COMMITTEE ON ENERGY AND NATURAL fortunate classmates made academic (1) the term ‘‘crime of violence’’ has the RESOURCES meaning given that term in section 16 of gains during summer recess. Inspired title 18, United States Code; and Mr. D’AMATO. Mr. President, I ask by such disturbing statistics, West Vir- (2) the term ‘‘law enforcement officer’’ unanimous consent that the Commit- ginia Americorps created Energy Ex- means any employee described in subpara- tee on Energy and Natural Resources press, a unique program, which offers July 28, 1998 CONGRESSIONAL RECORD — SENATE S9147 six-week summer program for low-in- dicated that many of the students not NEED FOR HMO REFORM come, elementary children to promote only retained previous knowledge, but ∑ Mr. DORGAN. Mr. President, our reading skills, to create strong part- gained one month in word identifica- health care system is in a state of cri- nerships with mentors, and to provide tion and three months in comprehen- sis—a crisis of confidence. Many Amer- nutritious meals. Energy Express is an sion. 124,990 nutritious meals were icans no longer believe that their in- innovative Americorps program that served and the children received 12,930 surance companies can provide them helps low-income children with a books to add to their personal library. with the access to care or quality of healthy, safe environment, and pro- Many states as well as other commu- service they need. motes reading skills in a community nities in West Virginia hope to dupli- Today I continue our series of stories environment. cate these same results. Their hands describing how some managed care Energy Express formed an effective are somewhat tied by the lack of need- plans seem to have put cost saving be- partnership with the existing Summer ed funds available. Each site costs ap- fore life-saving. The experience of Feeding Program that provides nutri- proximately $25,000, but the rewards Clara Davis is just one more example of tious meals and education to promote passed on to the children, communities the pressing need for Congress to act proper eating habits. The Energy Ex- and mentors are immeasurable in re- now to protect the rights of patients. press summer camps go beyond the call turn. Clara Davis is a retired grocer from of duty to simply prepare and provide; Energy Express demonstrates the in- Bolivar, Tennessee. In 1995, her doctor they create a family-style atmosphere credible work and success of placed her on the prescription drug where the children learn how to make Americorps. The commitment of its Prilosec to control a bleeding ulcer. decisions, engage in conversation, as- volunteers not only helps the commu- But her health provider changed from a sume responsibility, and cooperate nity, but also provides growth for the traditional fee-for-service plan to an with one another and others.. volunteers themselves. My experience HMO, and they told her she would no The mission of Energy Express also as a VISTA worker gave me a similar longer be covered for that medication. goes beyond just child nutrition to pro- experience, and I continue my dedica- The HMO would only cover cimetidine, mote further education. Recognizing tion to our Mountain State. I see that the generic equivalent of Tagamet, a the need to increase reading skills and today’s volunteers show that same different prescription drug. to encourage retention of lessons from dedication, and I extend my sincere Clara’s doctor fought vigorously to school, Americorps provides four hours gratitude to all of them. These persons keep her on Prilosec, which had greatly of tutorial time that always remains have committed themselves fully to improved her condition, but to no fun. Weekly themes of ‘‘myself,’’ ‘‘fam- public service, both as volunteers and avail. While on the generic alternative, ily,’’ ‘‘friends,’’ ‘‘home place,’’ ‘‘com- employees. It is through their hard Clara’s ulcer worsened. At one point, munity,’’ and ‘‘ideal world’’ guide the work that the people of West Virginia her doctor removed her from that mentors and children in their work. benefit from the world’s myriad of op- medication and began giving her office The curriculum includes creating portunities. samples of Prilosec whenever possible. books, performing stories, reading both f But it wasn’t enough. silently and out loud, and immersing The ulcer would not go away and re- the children in creative art activities, TRIBUTE TO THE DEVONSHIRE quired surgery. Thirty-five percent of all of which are pertinent to a des- MEMORIAL CHURCH OF HARRIS- Clara’s stomach was removed. During ignated theme. At the end of each BURG recovery, she suffered a stroke that left week, the child is able to take home a ∑ Mr. SANTORUM. Mr. President, I her partially paralyzed on her left side. book relevant to the theme to keep in rise today to pay tribute to the youth What happened to Clara Davis should his or her personal library. group from Devonshire Memorial The design of Energy Express orga- Church in Harrisburg, Pennsylvania. not happen in America. HMOs should nizes six to eight children per one col- On Sunday, July 26 ten students from not dictate which medications a pa- lege student mentor. These mentors the church traveled to Manning, South tient should receive when their doctors serve as tremendous role models for Carolina to assist in the rebuilding of say otherwise. Patients should not maturity, educational development the Macedonian Baptist Church which have to face surgery when a simple and also as wonderful community vol- the Ku Klux Klan destroyed by fire in switch in medication can remedy the unteers committed to West Virginia. 1996. The young people worked to ren- situation. Each mentor receives an extensive ovate homes of church members that Whatever we do will not alleviate the eight week training program led by on- suffered damage due to the fire. stress that Clara Davis has endured. site educators who teach them positive The teenagers, who raised their own But we can ensure that a doctor’s deci- feedback, how to productively dis- support for the trip through things sion will not be overruled by an HMO cipline and the basic fundamentals of such as church-wide dinners and fund- bent on saving money. All medications tutoring. Through preliminary visits raising letters, joined approximately are not the same, and health-care pro- and weekly contact concerning their 250 other young people from across the viders should be able to say what is child’s progress, the mentor reaches nation to work on painting, hanging most effective to treat their patients. out to the parents in ways which en- drywall, repairing roofs and caulking Mr. President, we must take up and courage involvement and support. windows. pass meaningful patient protections The program’s growth in the past Church burnings are a violent act of now. Experiences like Clara’s can be four years characterizes one of its suc- hatred against the free exercise of reli- prevented if we enact legislation such cesses. In 1994, Energy Express reached gious faith. Arson, which has destroyed as our Patients’ Bill of Rights which two counties, 85 students and 13 college many southern African American protects the doctor-patient relation- mentors. This summer the program churches, has also destroyed our dig- ship from interference by HMOs. Insur- reaches 38 counties, 68 sites, 2721 stu- nity and our humanity. By dedicating ers should have to make available to dents, 425 Americorps college mentors their time and effort to rebuilding the patients all information on which and approximately 25 Americorps walls of a church burned by hatred and drugs the insurer will be willing to VISTA Summer Associates. In 1997, En- bigotry, these young men and women cover, the possible interactions of ergy Express received national recogni- are tearing down the walls of violence those drugs, and the procedures avail- tion as it won the Joint Council of Ex- and racism and restoring faith to the able for appealing an HMO’s coverage tension Professionals Award for Excel- Christian community. decisions.∑ lence in Teamwork and the Council of Mr. President, I ask my colleagues to f State Governments Innovations Award. join me in commending the young men Energy Express also serves as a na- and women of Devonshire Memorial CHANGES TO THE APPROPRIA- tional model for many other states at- Church for their dedication to restor- TIONS COMMITTEE ALLOCATION tempting to duplicate such programs. ing a church and a community, as well ∑ Mr. DOMENICI. Mr. President, sec- Most important, however, is the suc- as the ideals of freedom in this coun- tion 314(b)(3) of the Congressional cess of the children. In 1997, studies in- try.∑ Budget Act, as amended, requires the S9148 CONGRESSIONAL RECORD — SENATE July 28, 1998

Chairman of the Senate Budget Com- Budget authority Outlays ANNIVERSARY OF AMERICANS mittee to adjust the appropriate budg- WITH DISABILITY ACT Total ...... 831,738,000,000 854,625,000,000 etary aggregates and the allocation for ∑ Mr. MCCAIN. Mr. President, as many the Appropriations Committee to re- Adjustments: Defense discretionary ...... of my colleagues know, this week is flect an amount of budget authority Nondefense discretionary ...... +17,000,000 the 8th anniversary of the enactment provided that is the dollar equivalent Violent crime reduction of the Americans with Disabilities Act. fund ...... of the Special Drawing Rights with re- Highways ...... I would like to take a moment to re- spect to: (1) an increase in the United Mass transit ...... member this pivotal moment in the Mandatory ...... States quota as part of the Inter- history of our nation’s disabled com- national Monetary Fund Eleventh Gen- Total ...... +17,000,000 munity. eral Review of Quotas (United States As one of the principal sponsors of Revised allocation: Quota); and (2) any increase in the Defense discretionary ...... 271,570,000,000 266,635,000,000 the Americans with Disabilities Act maximum amount available to the Sec- Nondefense discretionary .. 255,209,000,000 265,037,000,000 (ADA), I am proud of the array of op- Violent crime reduction retary of the Treasury pursuant to sec- fund ...... 5,800,000,000 4,953,000,000 portunities which have been opened by tion 17 of the Bretton Woods Agree- Highways ...... 21,885,000,000 this law for millions of our citizens Mass transit ...... 4,401,000,000 ments Act, as amended from time to Mandatory ...... 299,159,000,000 291,731,000,000 with disabilities, setting a standard of inclusion for the world. In the eight time (New Arrangements to Borrow). • Section 314(b)(4) of the Congressional Total ...... 831,738,000,000 854,642,000,000 years since the ADA was enacted, our Budget Act, as amended, also requires nation has become more accessible for the Chairman of the Senate Budget f people with a broad array of disabil- Committee to adjust the allocation for ities, who now have greater opportuni- the Appropriations Committee to re- THE OLD GRANGE RESTAURANT ties than ever before. This law has em- flect additional new budget authority powered millions of disabled Americans and outlays for arrearages for inter- ∑ Mr. TORRICELLI. Mr. President, I with both the confidence and the tools national organizations, international rise today in recognition of the ‘‘Old necessary to live an independent and peacekeeping, and multilateral devel- Grange’’ Restaurant, which has re- fulfilling life. opment banks. cently been placed on the New Jersey We must continue working together I hereby submit a revision to the Register of Historic Places. The Old to ensure that the laudable goals of the budget authority aggregates for fiscal Grange, which is part of Historic Cold ADA are achieved efficiently, equi- year 1998 contained in section 101 of H. Spring Village, has been honored by tably, and amicably. Continuing fair Con. Res. 84. the New Jersey Department of Envi- and reasonable implementation of this The revision follows: ronmental Protection through inclu- essential law will ensure that all peo- sion in the Register as one of New Jer- ple with disabilities have the oppor- Budget authority sey’s Cultural treasures. It is a pleas- tunity to achieve their full potential. I Current aggregates ...... 1,385,230,000,000 ure for me to be able to note this his- look forward to a day when all Ameri- Adjustments ...... +18,172,000,000 torical designation and to celebrate the cans are rewarded for their abilities, Revised aggregates ...... 1,403,402,000,000 Old Grange. not punished for their disabilities, and Mr. DOMENICI. I hereby submit revi- The Old Grange is located in the Cold when Americans with disabilities face sions to the 1998 Senate Appropriations Spring section of Lower Township. no barriers to achieving their highest Committee allocation, pursuant to sec- Grange #132 was organized in the late goals. tion 302 of the Congressional Budget 1800’s with a charter membership of While some problems have occurred Act. thirty-two people. Also known as the during the implementation of the ADA, The revision follows: Patrons of Husbandry, the Grange is most Americans have responded posi- America’s oldest farm organization and tively and creatively to this important, Budget authority Outlays the only rural fraternity in the world. but sometimes complicated law. I re- Current allocation: During the early 20th century, the Old main committed to working with both Defense discretionary ...... 269,000,000,000 266,823,000,000 Grange was the site of many Township public and private entities in their ef- Nondefense discretionary .. 249,867,000,000 283,293,000,000 forts to implement the ADA as in- Violent crime reduction of Lower activities, serving as a school, fund ...... 5,500,000,000 3,592,000,000 voting area, and meeting hall, in addi- tended at its creation. Mandatory ...... 277,312,000,000 278,725,000,000 tion to supporting projects and pro- It is my firm belief that the ADA has Total ...... 801,679,000,000 832,433,000,000 grams relating to the Grange Associa- helped demystify the world of disabil- tion. By 1970, Cold Spring Grange #132 ities and break down many barriers Adjustment: which have traditionally existed for Defense discretionary ...... was no longer able to maintain a mem- Nondefense discretionary .. +18,172,000,000 ...... bership base to support the organiza- the disabled. It has educated our na- Violent crime reduction tion and the world about the capabili- fund ...... tion. In 1973 it became the first build- Mandatory ...... ing in the complex later known as His- ties of all disabled individuals and achieved major transformations in so- Total ...... +18,172,000,000 ...... toric Cold Spring Village, the 19th cen- ciety. I remain supportive of the tury open-air living museum located Revised allocation: achievements of the ADA and all that adjacent to the Grange. Since 1981, Defense discretionary ...... 269,000,000,000 266,823,000,000 it has done for our nation over the past Nondefense discretionary .. 268,039,000,000 283,293,000,000 visitors to the Village have enjoyed the Violent crime reduction eight years, and I look forward to a fu- grand meals offered by the Old Grange fund ...... 5,500,000,000 3,592,000,000 ture free of obstacles for all Ameri- Mandatory ...... 277,312,000,000 278,725,000,000 Restaurant, and the memory of Cold cans.∑ Total ...... 819,851,000,000 832,433,000,000 Spring Grange #132 has been kept alive. f The preservation of one’s history is Mr. DOMENICI. I hereby submit revi- important to creating a sense of per- TRIBUTE TO NEWARK ACADEMY sions to the 1999 Senate Appropriations sonal responsibility for one’s commu- ∑ Mr. LAUTENBERG. Mr. President, I Committee allocation, pursuant to sec- nity. All those who have worked to pre- rise to recognize one of the few schools tion 302 of the Congressional Budget serve the Old Grange and the Historic operating in America today dating Act. Cold Spring Village should be cele- from the pre-Revolutionary war days. The revision follows: brated for embodying this concept and The Newark Academy in Livingston, Budget authority Outlays successfully instilling it in others. It is New Jersey, is celebrating its 225th an- a pleasure to know that the rich and niversary this year, and deserves great Current allocation: Defense discretionary ...... 271,570,000,000 266,635,000,000 diverse cultural heritage of Cape May recognition for its dedication to excel- Nondefense discretionary .. 255,209,000,000 265,020,000,000 County is alive and well at the Village. lence in education since its formation Violent crime reduction fund ...... 5,800,000,000 4,953,000,000 I am proud to recognize the Old in 1773. Highways ...... 21,885,000,000 Grange Restaurant as a historic site, For students who prove to have Mass transit ...... 4,401,000,000 Mandatory ...... 299,159,000,000 291,731,000,000 and I am pleased that the State of New strong academic ability, the school of- Jersey has made this designation.∑ fers a traditional college preparatory July 28, 1998 CONGRESSIONAL RECORD — SENATE S9149 program and over 50 interscholastic Now we hear the State Attorneys Gen- ent or guardian to local polling sites to athletic teams. With a commitment to eral and the companies are again nego- cast a ballot similar to the official bal- diversity, the Newark Academy rep- tiating a settlement, and once again lot. Although not a part of the official resents 15 countries, 85 communities, the farmers have been excluded. results, the students’ vote are reg- and since 1964 has been fully co-edu- In recent years, we have seen a rise istered at schools and by the media. cational. in tobacco imports, as domestic pur- Mr. President, this year, Kids Voting The Academy’s motto, translated as chases by companies have declined. Day is September 29th. I would like to ‘‘toward enlightenment,’’ is apparent This has had a direct effect on the recognize ‘‘Kids Voting USA’’ and com- throughout the workings of the school. economy of my state. Many of the mend them for all they have done to With 548 students between the 6th and rural towns in South Carolina have promote the future of democracy by 12th grades, this day school launches grown up around producing tobacco, educating and involving youth in the many youngsters on a path towards en- and decreased demand for domestic to- American election process.∑ lightenment, adulthood and higher bacco has affected them greatly. I hope f education. these companies see the need to pur- IN HONOR OF MICHAEL QUEENAN The Newark Academy’s ability to chase more domestic tobacco and de- Mr. KERRY. Mr. President, for near- grow and adapt to our changing edu- crease the amount of tobacco they im- ∑ ly three years I have had the privilege cational needs, complexity of our soci- port. It is imperative for these rural to know Michael Queenan, who has ety and the ever advancing world of communities’ economic stability that served in my office as a Legislative technology has contributed to the domestic tobacco purchases rise. Correspondent, and is leaving the ex- strength of the Academy and estab- I also want to take this time to rec- tended KERRY family this month to at- lished it as an example for other edu- ognize a man who will begin his 50th tend law school. I like to say that Mi- cational institutions to follow. I con- season of auctioning tobacco. Kelly chael Queenan was the best Christmas gratulate the administration, faculty Ritter started auctioning tobacco in present my colleague from Massachu- 1948, when times were a lot different. and students of Newark Academy for setts Rep. ED MARKEY ever sent to my the school’s superior performance and Back then tobacco was not seen as it is office. Three years ago I was searching wish them the best in the years to now, but rather as a way of life in the for a bright young person to bring new come.∑ developing communities of South Caro- energy to our staff. We interviewed a f lina. Technology may have advanced in long list of prospective candidates and, tobacco production over the last fifty OPENING OF THE TOBACCO although many were terrific, the right years, and markets may have gone up MARKETS IN SOUTH CAROLINA staffer just did not turn up. One day, and down, but it is a relief that there is late in December, some of our staff ∑ Mr. HOLLINGS. Mr. President, I rise still a constant in the production of to- members were struggling to fit the of- today to discuss the opening of the 1998 bacco—Kelly Ritter. fice Christmas tree into its stand in tobacco marketing season in my home Mr. President, in conclusion I want the front office. Almost out of nowhere state of South Carolina. to wish the tobacco farmers and ware- appeared a young man, an intern from According to the U.S. Department of housemen in South Carolina the best of Rep. MARKEY’S office, dropping off a Agriculture, the United States is one of luck this year. I wish that I could be letter to be signed. After a minute or the world’s leading producers of to- down in South Carolina for this festive two, this intern had taken off his coat, bacco. It is second only to China in occasion of opening day, but duty calls. rolled up his sleeves, and was at work total tobacco production. Tobacco is Although I can’t be there physically, trimming our office Christmas tree. We the seventh largest U.S. crop, with they all know that I’m there in spirit. quickly found out that this young man over 130,000 tobacco farms in the And as hard as I have worked in the was a recent graduate of Clark Univer- United States. past for them, they can expect me to sity and a native of Winchester, Massa- In South Carolina, tobacco is the top work even harder to ensure farmers chusetts. His name was Michael cash crop, worth about $200 million an- and their communities remain eco- Queenan. In just a few days he was nually. It also generates over $1 billion nomically sound.∑ done with his internship for Rep. MAR- in economic activity for my state. To- f KEY—and he was the newest member of bacco production is responsible for KIDS VOTING USA our staff! From the first day he walked more than 40,000 jobs on over 2,000 into our office in the Russell Build- farms and continues to account for ∑ Mr. MCCAIN. Mr. President, I would ing—even before he was hired—- Mi- about one-fourth of all crops and like to take this time to recognize an chael demonstrated a willingness to around 13 percent of total crop and organization which began in 1988 with pitch in and contribute on any project, livestock agriculture in South Caro- three Arizona businessmen on a fishing large or small. He brought a tremen- lina. trip to Costa Rica. While there, they dous work ethic and energy to his du- It has been a hard year for tobacco learned that regular voter turnout in ties, first as a Staff Assistant tirelessly farmers in my state. In June 1997, that country was routinely 90 percent. working on the front phones and later farmers found out about a settlement They credit this to the Costa Rican as a Legislative Correspondent. After between the State Attorneys General tradition of having children accom- he joined our legislative staff, Michael and five tobacco companies. This set- pany their parents to the polls. They Queenan also discovered a genuine pas- tlement created insecurity in these observed first-hand the success this sion for the most vital issues facing farmers’ lives, as well as in their com- small country had achieved by instill- working families today. He spent hours munities, as they tried to prepare for ing in children at an early age the im- researching legislation, responding to the upcoming tobacco season. After portance of voting in a democracy. constituent concerns, and pouring his learning of their exclusion from any The three Arizona businessmen took energies into the lengthy and at times type of compensation in this settle- this idea back to the United States tedious legislative process. Mike was ment, their quotas were cut by 16 per- with them and began ‘‘Kids Voting hard at work over the last two years, cent from the previous year. This USA’’. Today, this nonprofit, non- assisting our Legislative Assistants, on means the farmers’ income will de- partisan, grassroots organization is ac- issues ranging from raising the mini- crease by 16 percent in the next mar- tive in 40 states plus the District of Co- mum wage to making health care af- keting year. lumbia, and includes 5 million stu- fordable, college opportunity accessible While the Senate debated comprehen- dents, 200,000 teachers, and 6,000 to eradicating the A.I.D.S epidemic. In sive tobacco legislation, the tobacco schools, and is growing fast. his own way—quietly, persistently— companies acknowledged to tobacco With voter turnout declining each Michael contributed to the passage of farmers that they had made a mistake year, this organization recognizes the legislation that made life better for the in not including them in their original need to educate our youth and instill people of Massachusetts and for work- settlement negotiations. These compa- in them respect for the right and the ing people around the country. nies promised farmers they would be duty to vote. ‘‘Kids Voting USA’’ en- Michael Queenan, however, was al- included in any future negotiations. ables students to accompany their par- ways more than just a policy staffer. S9150 CONGRESSIONAL RECORD — SENATE July 28, 1998 He was a presence in our office. As the are already available for public and depart- such costs, including the cost of modifying director of our intern program and the mental access at no cost; to secure them such loans, shall be as defined in section 502 manager of our softball team, Michael against detection, alteration, or tampering; of the Congressional Budget Act of 1974: Pro- and open to inspection by the Department. vided further, That these funds are available Queenan established himself as an en- to subsidize gross obligations for the prin- thusiastic leader on our staff. As a OFFICE OF THE ASSISTANT SECRETARY FOR BUDGET AND PROGRAMS cipal amount of direct loans not to exceed former intern, he made it a personal For necessary expenses of the Office of the $13,775,000. In addition, for administrative ex- goal for every one of our interns to Assistant Secretary for Budget and Pro- penses to carry out the direct loan program, have a positive experience, to learn grams, $5,687,800, including not to exceed $400,000. from their observations of the Senate $40,000 for allocation within the Department MINORITY BUSINESS OUTREACH at work, and to glean from their time for official reception and representation ex- For necessary expenses of Minority Busi- in our office the value of hard work. penses as the Secretary may determine. ness Resource Center outreach activities, Michael also brought to our office his OFFICE OF THE ASSISTANT SECRETARY FOR $2,900,000, of which $2,635,000 shall remain fierce competitiveness on the softball GOVERNMENTAL AFFAIRS available until September 30, 2000: Provided, That notwithstanding 49 U.S.C. 332, these For necessary expenses of the Office of the field, earning the nickname ‘‘Wheels’’ funds may be used for business opportunities Assistant Secretary for Governmental Af- for his speed and tenacity on the base- related to any mode of transportation. fairs, $1,600,000. paths. Michael might well have earned AMTRAK REFORM COUNCIL that title for the hours he spent in my OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION For necessary expenses of the Amtrak Re- 1982 Dodge convertible, accompanying form Council authorized under section 203 of For necessary expenses of the Office of the me to events around Washington. Public Law 105–134, $450,000, to remain avail- Assistant Secretary for Administration, able until September 30, 2000: Provided, That Mr. President, I wish Michael well as $19,570,200. he leaves my office to attend law none of the funds provided under this head- OFFICE OF PUBLIC AFFAIRS school this summer. I will always be ing shall be for payments to outside consult- For necessary expenses of the Office of grateful for the hard work and long ants: Provided further, That the duties of the Public Affairs, $1,656,600. Amtrak Reform Council described in section hours he dedicated to his job in my of- EXECUTIVE SECRETARIAT 203(g)(1) of Public Law 105–134 shall include fice, and I will be equally grateful for For necessary expenses of the Executive the identification of Amtrak routes which his friendship, one that will continue Secretariat, $1,088,500. are candidates for closure or realignment, long after Michael moves back to Mas- BOARD OF CONTRACT APPEALS based on performance rankings developed by Amtrak which incorporate information on sachusetts. I know that I join his par- For necessary expenses of the Board of each route’s fully allocated costs and rider- ents, Fran Holland and Dick Queenan, Contract Appeals, $460,000. in expressing my pride at what Michael ship on core intercity passenger service, and OFFICE OF SMALL AND DISADVANTAGED which assume, for purposes of closure or re- has accomplished, and great hopes and BUSINESS UTILIZATION alignment candidate identification, that fed- warmest wishes for the bright future For necessary expenses of the Office of eral subsidies for Amtrak will decline over ahead of him.∑ Small and Disadvantaged Business Utiliza- the 4-year period from fiscal year 1999 to fis- f tion, $1,000,000. cal year 2002: Provided further, That these OFFICE OF INTELLIGENCE AND SECURITY closure or realignment recommendations DEPARTMENT OF TRANSPOR- For necessary expenses of the Office of In- shall be included in the Amtrak Reform TATION AND RELATED AGEN- telligence and Security, $935,000. Council’s annual report to the Congress re- quired by section 203(h) of Public Law 105– CIES APPROPRIATIONS ACT, 1999 OFFICE OF THE CHIEF INFORMATION OFFICER 134. (The text the bill (S. 2307), as passed For necessary expenses of the Office of the by the Senate on Friday, July 24, 1998, Chief Information Officer, $4,652,700. COAST GUARD OPERATING EXPENSES is as follows:) OFFICE OF INTERMODALISM (INCLUDING TRANSFER OF FUNDS) S. 2307 For necessary expenses of the Office of Intermodalism, $1,000,000. For necessary expenses for the operation Be it enacted by the Senate and House of Rep- and maintenance of the Coast Guard, not OFFICE OF CIVIL RIGHTS resentatives of the United States of America in otherwise provided for; purchase of not to ex- Congress assembled, For necessary expenses of the Office of ceed five passenger motor vehicles for re- That the following sums are appropriated, Civil Rights, $5,562,000. placement only; payments pursuant to sec- out of any money in the Treasury not other- TRANSPORTATION PLANNING, RESEARCH, AND tion 156 of Public Law 97–377, as amended (42 wise appropriated, for the Department of DEVELOPMENT U.S.C. 402 note), and section 229(b) of the So- Transportation and related agencies for the For necessary expenses for conducting cial Security Act (42 U.S.C. 429(b)); and fiscal year ending September 30, 1999, and for transportation planning, research, systems recreation and welfare; $2,761,603,000, of other purposes, namely: development, and development activities, to which $300,000,000 shall be available for na- TITLE I remain available until expended, $8,328,400. tional security-related activities and of DEPARTMENT OF TRANSPORTATION TRANSPORTATION ADMINISTRATIVE SERVICE which $25,000,000 shall be derived from the OFFICE OF THE SECRETARY CENTER Oil Spill Liability Trust Fund: Provided, That the number of aircraft on hand at any IMMEDIATE OFFICE OF THE SECRETARY Necessary expenses for operating costs and capital outlays of the Transportation Ad- one time shall not exceed 212, exclusive of For necessary expenses of the Immediate ministrative Service Center, not to exceed aircraft and parts stored to meet future at- Office of the Secretary, $1,768,600: Provided, $158,468,000, shall be paid from appropriations trition: Provided further, That none of the That notwithstanding any other provision of made available to the Department of Trans- funds appropriated in this or any other Act law, there may be credited to this appropria- portation: Provided, That such services shall shall be available for pay or administrative tion up to $1,000,000 in funds received from be provided on a competitive basis to enti- expenses in connection with shipping com- user fees. missioners in the United States: Provided fur- ties within the Department of Transpor- ther, That none of the funds provided in this IMMEDIATE OFFICE OF THE DEPUTY SECRETARY tation: Provided further, That the above limi- Act shall be available for expenses incurred For necessary expenses of the Immediate tation on operating expenses shall not apply for yacht documentation under 46 U.S.C. Office of the Deputy Secretary, $554,700. to non-DOT entities: Provided further, That 12109, except to the extent fees are collected no funds appropriated in this Act to an agen- OFFICE OF THE GENERAL COUNSEL from yacht owners and credited to this ap- cy of the Department shall be transferred to For necessary expenses of the Office of the propriation: Provided further, That the Com- the Transportation Administrative Service General Counsel, $8,645,000. mandant shall reduce both military and ci- Center without the approval of the agency vilian employment levels for the purpose of OFFICE OF THE ASSISTANT SECRETARY FOR modal administrator: Provided further, That POLICY complying with Executive Order No. 12839: no assessments may be levied against any Provided further, That up to $615,000 in user For necessary expenses of the Office of the program, budget activity, subactivity or fees collected pursuant to section 1111 of Assistant Secretary for Policy, $2,479,500. project funded by this Act unless notice of Public Law 104–324 shall be credited to this OFFICE OF THE ASSISTANT SECRETARY FOR such assessments and the basis therefor are appropriation as offsetting collections in fis- AVIATION AND INTERNATIONAL AFFAIRS presented to the House and Senate Commit- cal year 1998: Provided further, That the Sec- For necessary expenses of the Office of the tees on Appropriations and are approved by retary may transfer funds to this account, Assistant Secretary for Aviation and Inter- such Committees. from Federal Aviation Administration ‘‘Op- national Affairs, $6,686,300: Provided further, MINORITY BUSINESS RESOURCE CENTER erations’’, not to exceed $60,000,000 in total That none of the funds appropriated in this PROGRAM for the fiscal year, fifteen days after written Act or otherwise made available may be used For the cost of direct loans, $1,500,000, as notification to the House and Senate Com- to maintain custody of airline tariffs that authorized by 49 U.S.C. 332: Provided, That mittees on Appropriations, solely for the July 28, 1998 CONGRESSIONAL RECORD — SENATE S9151 purpose of providing additional funds for RESERVE TRAINING training program: Provided further, That drug interdiction activities: Provided further, (INCLUDING TRANSFER OF FUNDS) none of the funds in this Act shall be avail- That not less than $2,000,000 shall be avail- For all necessary expenses of the Coast able for paying premium pay under 5 U.S.C. able to support restoration of enhanced Guard Reserve, as authorized by law; main- 5546(a) to any Federal Aviation Administra- counter-narcotics operations around the is- tenance and operation of facilities; and sup- tion employee unless such employee actually land of Hispaniola: Provided further, That plies, equipment, and services; $67,000,000: performed work during the time correspond- none of the funds in this Act shall be avail- Provided, That no more than $20,000,000 of ing to such premium pay: Provided further, able for the Coast Guard to plan, finalize, or funds made available under this heading may That none of the funds in this Act may be implement any regulation that would pro- obligated or expended to operate a manned be transferred to Coast Guard ‘‘Operating ex- mulgate new maritime user fees not specifi- auxiliary flight service station in the contig- penses’’ or otherwise made available to reim- cally authorized by law after the date of en- uous United States. burse the Coast Guard for financial support actment of this Act. of the Coast Guard Reserve. FACILITIES AND EQUIPMENT ACQUISITION, CONSTRUCTION, AND RESEARCH, DEVELOPMENT, TEST, AND (AIRPORT AND AIRWAY TRUST FUND) IMPROVEMENTS EVALUATION For necessary expenses, not otherwise pro- For necessary expenses of acquisition, con- For necessary expenses, not otherwise pro- vided for, for acquisition, establishment, and struction, renovation, and improvement of vided for, for applied scientific research, de- improvement by contract or purchase, and aids to navigation, shore facilities, vessels, velopment, test, and evaluation; mainte- hire of air navigation and experimental fa- and aircraft, including equipment related nance, rehabilitation, lease and operation of cilities and equipment as authorized under thereto, $426,173,000, of which $20,000,000 shall part A of subtitle VII of title 49, United facilities and equipment, as authorized by be derived from the Oil Spill Liability Trust States Code, including initial acquisition of law, $17,461,000, to remain available until ex- Fund; of which $234,553,000 shall be available necessary sites by lease or grant; engineer- pended, of which $3,500,000 shall be derived to acquire, repair, renovate or improve ves- ing and service testing, including construc- from the Oil Spill Liability Trust Fund: Pro- sels, small boats and related equipment, to tion of test facilities and acquisition of nec- vided, That there may be credited to this ap- remain available until September 30, 2003; essary sites by lease or grant; and construc- propriation funds received from State and $55,131,000 shall be available to acquire new tion and furnishing of quarters and related local governments, other public authorities, aircraft and increase aviation capability, to accommodations for officers and employees private sources, and foreign countries, for remain available until September 30, 2001; of the Federal Aviation Administration sta- expenses incurred for research, development, $44,789,000 shall be available for other equip- tioned at remote localities where such ac- testing, and evaluation. ment, to remain available until September commodations are not available; and the 30, 2001; $43,250,000 shall be available for FEDERAL AVIATION ADMINISTRATION purchase, lease, or transfer of aircraft from shore facilities and aids to navigation facili- OPERATIONS funds available under this head; to be derived ties, to remain available until September 30, For necessary expenses of the Federal from the Airport and Airway Trust Fund, 2001; and $48,450,000 shall be available for per- Aviation Administration, not otherwise pro- $2,044,683,269, to remain available until Sep- sonnel compensation and benefits and relat- vided for, including operations and research tember 30, 2001: Provided, That there may be ed costs, to remain available until Septem- activities related to commercial space trans- credited to this appropriation funds received ber 30, 2000: Provided, That funds received portation, administrative expenses for re- from States, counties, municipalities, other from the sale of HU–25 aircraft shall be cred- search and development, establishment of public authorities, and private sources, for ited to this appropriation for the purpose of air navigation facilities and the operation expenses incurred in the establishment and acquiring new aircraft and increasing avia- (including leasing) and maintenance of air- modernization of air navigation facilities: tion capacity: Provided further, That the craft, and carrying out the provisions of sub- Provided further, That notwithstanding the Commandant may dispose of surplus real chapter I of chapter 471 of title 49, United Prompt Payment Act or any other provision property by sale or lease and the proceeds States Code, or other provisions of law au- of law, the Secretary of the Treasury may shall be credited to this appropriation, of thorizing the obligation of funds for similar not make payments from this account in ex- which not more than $1,000,000 shall be cred- programs of airport and airway development cess of $1,516,000,000 in fiscal year 1999, except ited as offsetting collections to this account, or improvement, lease or purchase of pas- for payments for salaries and benefits: Pro- to be available for the purposes of this ac- senger motor vehicles for replacement only, vided further, That no action may be brought count: Provided further, That the amount in addition to amounts made available by in any court of law for delay of payment pur- herein appropriated from the General Fund Public Law 104–264, $5,538,259,000, of which suant to the preceding proviso: Provided fur- shall be reduced by such amount: Provided $2,158,930,135 shall be derived from the Air- ther, That no funds may be transferred out of further, That any proceeds from the sale or port and Airway Trust Fund: Provided, That this account in fiscal year 1999: Provided fur- lease of Coast Guard surplus real property in none of the funds in this Act shall be avail- ther, That any obligation of funds that re- excess of $1,000,000 shall be retained and re- able for the Federal Aviation Administration sults in an expenditure in excess of main available until expended, but shall not to plan, finalize, or implement any regula- $1,736,000,000 in fiscal year 1999 shall be be available for obligation until October 1, tion that would promulgate new aviation deemed to be an obligation in violation of 1999: Provided further, That the Secretary, user fees not specifically authorized by law section 1341 of title 31 of the United States with funds made available under this head- after the date of enactment of this Act: Pro- Code: Provided further, That the Secretary ing, acting through the Commandant, may vided further, That there may be credited to shall submit monthly reports to the House enter into a long-term Use Agreement with this appropriation funds received from and Senate Committees on Appropriations to the City of Homer for dedicated pier space on States, counties, municipalities, foreign au- ensure compliance with the preceding provi- the Homer dock necessary to support Coast thorities, other public authorities, and pri- sos and such reports shall include an analy- Guard vessels when such vessels call on vate sources, for expenses incurred in the sis of cumulative obligations and expendi- Homer, Alaska. provision of agency services, including re- tures from October 1, 1998, through the first ENVIRONMENTAL COMPLIANCE AND ceipts for the maintenance and operation of day of the month in which the report is due RESTORATION air navigation facilities, and for issuance, re- and specific actions taken by the Secretary For necessary expenses to carry out the newal or modification of certificates, includ- to ensure that the outlays in fiscal year 1999 Coast Guard’s environmental compliance ing airman, aircraft, and repair station cer- resulting from the use of funds in this ac- and restoration functions under chapter 19 of tificates, or for tests related thereto, or for count shall not exceed $1,736,000,000: Provided title 14, United States Code, $21,000,000, to re- processing major repair or alteration forms: further, That no funds shall be available for main available until expended. Provided further, That of the funds appro- the Wide Area Augmentation System until priated under this heading, $6,000,000 shall be notification by the Secretary that outlays in ALTERATION OF BRIDGES for the contract tower cost-sharing program: fiscal year 1999 resulting from the use of (HIGHWAY TRUST FUND) Provided further, That funds may be used to funds in this account shall not exceed For necessary expenses for alteration or enter into a grant agreement with a non- $1,736,000,000: Provided further, That no funds removal of obstructive bridges, $20,000,000, to profit standard-setting organization to assist shall be available for the Wide Area Aug- be derived from the highway account of the in the development of aviation safety stand- mentation System until certification to the highway trust fund, to remain available ards: Provided further, That the Secretary House of Representatives Committee on Ap- until expended. may transfer funds to this account, from propriations and the Senate Committee on RETIRED PAY Coast Guard ‘‘Operating expenses’’, not to Appropriations by the Secretary of Trans- For retired pay, including the payment of exceed $60,000,000 in total for the fiscal year, portation and the Administrator of the FAA obligations therefor otherwise chargeable to fifteen days after written notification to the that the Wide Area Augmentation System lapsed appropriations for this purpose, and House and Senate Committees on Appropria- will provide a sole means of navigation for payments under the Retired Serviceman’s tions, solely for the purpose of providing ad- aviation users, the Wide Area Augmentation Family Protection and Survivor Benefits ditional funds for air traffic control oper- System continuity problems will be solved Plans, and for payments for medical care of ations and maintenance to enhance aviation without additional facilities or funding, and retired personnel and their dependents under safety and security: Provided further, That the cost/benefit ratio of the Wide Area Aug- the Dependents Medical Care Act (10 U.S.C. none of the funds in this Act shall be avail- mentation System exceeds the cost/benefit ch. 55); $684,000,000. able for new applicants for the second career ratio of other landing and navigational aid S9152 CONGRESSIONAL RECORD — SENATE July 28, 1998 programs: Provided further, That no funds struction of, and improvements to, corridors Raleigh-Wake County, NC, $4,000,000 shall be available for the Wide Area Aug- of the Appalachian Development Highway Spokane, WA, $900,000 mentation System until the Department of System, $200,000,000 to remain available until St. Louis, MO, $1,500,000 Transportation Inspector General validates expended. State of Alaska, $3,000,000 and concurs in the certification of the Sec- FEDERAL-AID HIGHWAYS State of Idaho, $1,000,000 retary and the Administrator to the House of (LIMITATION ON OBLIGATIONS) State of Maryland, $2,000,000 Representatives Committee on Appropria- State of Missouri ITS project, $1,000,000 (HIGHWAY TRUST FUND) tions and the Senate Committee on Appro- State of Montana, $2,000,000 None of the funds in this Act shall be priations. State of Nevada, $1,150,000 available for the implementation or execu- RESEARCH, ENGINEERING, AND DEVELOPMENT State of New Jersey, $6,000,000 tion of programs, the obligations for which State of New Mexico, $2,000,000 (AIRPORT AND AIRWAY TRUST FUND) are in excess of $25,511,000,000 for Federal-aid State of North Dakota, $1,450,000 For necessary expenses, not otherwise pro- highways and highway safety construction State of Pennsylvania, $4,000,000 vided for, for research, engineering, and de- programs for fiscal year 1999: Provided, That, State of Texas, $2,000,000 velopment, as authorized under part A of notwithstanding any other provision of law, State of Utah, $7,200,000 subtitle VII of title 49, United States Code, within the $25,511,000,000 obligation limita- State of Washington, $3,000,000 including construction of experimental fa- tion on Federal-aid highways and highway State of Wisconsin, $3,000,000 cilities and acquisition of necessary sites by safety construction programs, not more than lease or grant, $173,627,000, to be derived from $200,000,000 shall be available for the imple- Westchester and Putnam Counties, NY, the Airport and Airway Trust Fund and to mentation or execution of programs for In- $1,000,000. remain available until September 30, 2001: telligent Transportation Systems (Sections FEDERAL-AID HIGHWAYS Provided, That there may be credited to this 5204, 5205, 5206, 5207, 5208, and 5209 of Public (LIQUIDATION OF CONTRACT AUTHORIZATION) appropriation funds received from States, Law 105–178) for fiscal year 1999; not more counties, municipalities, other public au- than $178,150,000 shall be available for the (HIGHWAY TRUST FUND) thorities, and private sources, for expenses implementation or execution of programs for For carrying out the provisions of title 23, incurred for research, engineering, and de- transportation research (Sections 502, 503, United States Code, that are attributable to velopment. 504, 506, 507, and 508 of title 23, United States Federal-aid highways, including the Na- GRANTS-IN-AID FOR AIRPORTS Code, as amended; section 5505 of title 49, tional Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise (LIQUIDATION OF CONTRACT AUTHORIZATION) United States Code, as amended; and section 5112 of Public Law 105–178) for fiscal year provided, including reimbursements for sums (AIRPORT AND AIRWAY TRUST FUND) 1999; not more than $38,000,000 shall be avail- expended pursuant to the provisions of 23 For liquidation of obligations incurred for able for the implementation or execution of U.S.C. 308, $24,000,000,000 or so much thereof grants-in-aid for airport planning and devel- programs for Ferry Boat and Ferry Terminal as may be available in and derived from the opment, and for noise compatibility plan- Facility Program (Section 1064 of the Inter- Highway Trust Fund, to remain available ning and programs as authorized under sub- modal Surface Transportation Efficiency Act until expended. chapter I of chapter 471 and subchapter I of of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) as MOTOR CARRIER SAFETY GRANTS chapter 475 of title 49, United States Code, amended)) for fiscal year 1999; not more than and under other law authorizing such obliga- $15,000,000 shall be available for the imple- (LIQUIDATION OF CONTRACT AUTHORIZATION) tions, $1,600,000,000, to be derived from the mentation or execution of programs for the (LIMITATION ON OBLIGATIONS) Airport and Airway Trust Fund and to re- Magnetic Levitation Transportation Tech- (HIGHWAY TRUST FUND) main available until expended: Provided, nology Deployment Program (Section 1218 of For payment of obligations incurred in That none of the funds in this Act shall be Public Law 105–178) for fiscal year 1999; not available for the planning or execution of carrying out 49 U.S.C. 31102, $100,000,000, to more than $31,000,000 shall be available for be derived from the Highway Trust Fund and programs the obligations for which are in ex- the implementation or execution of pro- cess of $2,100,000,000 in fiscal year 1999 for to remain available until expended: Provided, grams for the Bureau of Transportation Sta- That none of the funds in this Act shall be grants-in-aid for airport planning and devel- tistics (Section 111 of title 49, United States opment, and noise compatibility planning available for the implementation or execu- Code) for fiscal year 1999: Provided further, tion of programs the obligations for which and programs, notwithstanding section That within the $20,000,000 made available 47117(h) of title 49, United States Code: Pro- are in excess of $100,000,000 for ‘‘Motor Car- for refuge roads in fiscal year 1999 by section rier Safety Grants’’. vided further, That discretionary funds avail- 204 of title 23, United States Code, as amend- able for noise planning and mitigation shall ed, $700,000 shall be made available to the NATIONAL HIGHWAY TRAFFIC SAFETY not exceed $225,000,000 and discretionary United States Army Corps of Engineers to ADMINISTRATION funds available for the military airport pro- study rural access issues in Alaska, and OPERATIONS AND RESEARCH gram shall not exceed $26,000,000: Provided $1,500,000 shall be made available for im- (HIGHWAY TRUST FUND) further, That up to $100,000,000 shall be avail- provements to the Crooked Creek access For expenses necessary to discharge the able for the procurement of explosive detec- road in the Charles M. Russell National functions of the Secretary, to be derived tion systems. Wildlife Refuge, Montana: Provided further, from the Highway Trust Fund, $87,400,000 for AVIATION INSURANCE REVOLVING FUND That notwithstanding any other provision of traffic and highway safety under chapter 301 The Secretary of Transportation is hereby law, within the $25,511,000,000 obligation lim- of title 49, U.S.C., and part C of subtitle VI authorized to make such expenditures and itation, $5,000,000 of the amounts made avail- of title 49, U.S.C., of which $58,558,000 shall investments, within the limits of funds able as contract authority under section remain available until September 30, 2001; available pursuant to 49 U.S.C. 44307, and in 1221(e) of the Transportation Equity Act for $2,000,000 for chapter 303 of title 49, U.S.C., to accordance with section 104 of the Govern- the 21st Century (Public Law 105–178) shall remain available until September 30, 2001: ment Corporation Control Act, as amended be made available to carry out section 5113 of Provided, That none of the funds appro- (31 U.S.C. 9104), as may be necessary in car- that Act: Provided further, That notwith- priated by this Act may be obligated or ex- rying out the program for aviation insurance standing any other provision of law, within pended to plan, finalize, or implement any activities under chapter 443 of title 49, the $200,000,000 obligation limitation on In- rulemaking to add to section 575.104 of title United States Code. telligent Transportation Systems, not less 49 of the Code of Federal Regulations any re- AIRCRAFT PURCHASE LOAN GUARANTEE than the following sums shall be made avail- quirement pertaining to a grading standard PROGRAM able for Intelligent Transportation System that is different from the three grading projects in the specified areas: None of the funds in this Act shall be standards (treadwear, traction, and tempera- Atlanta, GA, $4,000,000 available for activities under this heading ture resistance) already in effect. during fiscal year 1999. Brandon, VT, $750,000 OPERATIONS AND RESEARCH FEDERAL HIGHWAY ADMINISTRATION Buffalo, NY, $1,750,000 Columbus, OH, $2,000,000 (LIQUIDATION OF CONTRACT AUTHORIZATION) LIMITATION ON ADMINISTRATIVE EXPENSES Corpus Christi, TX, $900,000 (LIMITATION ON OBLIGATIONS) Necessary expenses for administration and Delaware River, PA, $4,000,000 operation of the Federal Highway Adminis- Huntington Beach, CA, $1,000,000 (HIGHWAY TRUST FUND) tration not to exceed $320,413,000 shall be Inglewood, CA, $1,000,000 For payment of obligations incurred in paid in accordance with law from appropria- Jackson, MS, $4,000,000 carrying out the provisions of 23 U.S.C. 403, tions made available by this Act to the Fed- Kansas City, MO, $1,000,000 to remain available until expended, eral Highway Administration together with Mobile, AL, $5,000,000 $72,000,000, to be derived from the Highway advances and reimbursements received by Monroe County, NY, $1,000,000 Trust Fund: Provided, That none of the funds the Federal Highway Administration. Montgomery, AL, $2,500,000 in this Act shall be available for the plan- APPALACHIAN DEVELOPMENT HIGHWAY Nashville, TN, $1,000,000 ning or execution of programs the total obli- SYSTEM New York/Long Island, NY, $5,000,000 gations for which, in fiscal year 1999, are in For carrying out the provisions of section Oakland County, MI, $2,000,000 excess of $72,000,000 for programs authorized 1069(y) of Public Law 102–240, relating to con- Onondaga County, NY, $1,000,000 under 23 U.S.C. 403. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9153

HIGHWAY TRAFFIC SAFETY GRANTS thorized to sell aluminum reaction rail, Provided further, That of the funds in this (LIQUIDATION OF CONTRACT AUTHORIZATION) power rail base, and other related materials Act available for the execution of contracts located at the Transportation Technology under section 5327(c) of title 49, United (LIMITATION ON OBLIGATIONS) Center, near Pueblo, Colorado, and shall States Code, $1,000,000 shall be transferred to (HIGHWAY TRUST FUND) credit the receipts from such sale to this ac- the Department of Transportation Inspector For payment of obligations incurred in count, notwithstanding 31 U.S.C. 3302, to re- General for costs associated with the audit carrying out the provisions of 23 U.S.C. 402, main available until expended. and review of new fixed guideway systems 405, 410, and 411 to remain available until ex- NEXT GENERATION HIGH-SPEED RAIL projects of national significance or that ex- pended, $200,000,000, to be derived from the For necessary expenses for the Next Gen- perience extensive changes in financial scope Highway Trust Fund: Provided, That none of or system design. the funds in this Act shall be available for eration High-Speed Rail program as author- FORMULA GRANTS the planning or execution of programs the ized under 49 United States Code sections total obligations for which, in fiscal year 26101 and 26102, $28,494,000, to remain avail- For necessary expenses to carry out 49 1999, are in excess of $200,000,000 for programs able until expended: Provided, That funds United States Code 5307, 5308, 5310, 5311, and authorized under 23 U.S.C. 402, 405, 410, and under this heading may be made available 5327, $570,000,000: Provided, That no more than 411 of which $150,000,000 shall be for ‘‘High- for grants to States for high-speed rail cor- $2,850,000,000 of budget authority shall be way Safety Programs’’ under 23 U.S.C. 402, ridor design, feasibility studies, environ- available for these purposes: Provided further, $10,000,000 shall be for ‘‘Occupant Protection mental analyses, and track and signal im- That of the funds made available under sec- Incentive Grants’’ under 23 U.S.C. 405, provements. tion 5308, up to $10,000,000 may be used for $35,000,000 shall be for ‘‘Alcohol-Impaired ALASKA RAILROAD REHABILITATION the projects that include payments for the Driving Countermeasures Grants’’ under 23 To enable the Secretary of Transportation incremental costs of biodiesel fuels: Provided U.S.C. 410, $5,000,000 shall be for the ‘‘State to make grants to the Alaska Railroad, further, That such incremental costs shall be Highway Safety Data Grants’’ under 23 $10,000,000 shall be for capital rehabilitation limited to the cost difference between the U.S.C. 411: Provided further, That none of and improvements benefiting its passenger cost of alternative fuels and their petroleum- these funds shall be used for construction, operations. based alternatives. UNIVERSITY TRANSPORTATION RESEARCH rehabilitation, or remodeling costs, or for of- RHODE ISLAND RAIL DEVELOPMENT fice furnishings and fixtures for State, local, For the costs associated with construction For necessary expenses to carry out 49 or private buildings or structures: Provided of a third track on the Northeast Corridor United States Code 5505, $1,200,000: Provided, further, That not to exceed $5,434,000 of the between Davisville and Central Falls, Rhode That no more than $6,000,000 of budget au- funds made available for Highway Safety Island, with sufficient clearance to accom- thority shall be available for these purposes. Programs under 23 U.S.C. 402 shall be avail- modate double stack freight cars, $7,500,000 TRANSIT PLANNING AND RESEARCH able to NHTSA for administering ‘‘Highway to be matched by the State of Rhode Island For necessary expenses to carry out 49 Safety Programs’’: Provided further, That not or its designee on a dollar for dollar basis United States Code 5303, 5304, 5305, 5311(b)(2), to exceed $500,000 of the funds made available and to remain available until expended: Pro- 5312, 5313(a), 5314, 5315, and 5322, $19,800,000: for section 410 ‘‘Alcohol-Impaired Driving vided, That as a condition of accepting such Provided, That no more than $98,000,000 of Countermeasures Grants’’ shall be available funds, the Providence and Worcester (P&W) budget authority shall be available for these for technical assistance to the States. Railroad shall enter into an agreement with purposes: Provided further, That $5,250,000 is FEDERAL RAILROAD ADMINISTRATION the Secretary to reimburse Amtrak and/or available to provide rural transportation as- OFFICE OF THE ADMINISTRATOR the Federal Railroad Administration, on a sistance (49 U.S.C. 5311(b)(2)); $4,000,000 is For necessary expenses of the Federal Rail- dollar for dollar basis, up to the first available to carry out programs under the road Administration, not otherwise provided $28,000,000 in damages resulting from the National Transit Institute (49 U.S.C. 5315); for, $21,020,000, of which $1,389,000 shall re- legal action initiated by the P&W Railroad $8,250,000 is available to carry out transit co- main available until expended: Provided, under its existing contracts with Amtrak re- operative research programs (49 U.S.C. That, as part of the Washington Union Sta- lating to the provision of vertical clearances 5313(a)); $43,841,600 is available for metropoli- tion transaction in which the Secretary as- between Davisville and Central Falls in ex- tan planning (49 U.S.C. 5303, 5304, and 5305); sumed the first deed of trust on the property cess of those required for present freight op- $9,158,400 is available for state planning (49 and, where the Union Station Redevelop- erations. U.S.C. 5313(b)); and $27,500,000 is available for ment Corporation or any successor is obli- CAPITAL GRANTS TO THE NATIONAL RAILROAD the national planning and research program gated to make payments on such deed of PASSENGER CORPORATION (49 U.S.C. 5314): Provided further, That of the trust on the Secretary’s behalf, including For necessary expenses of capital improve- total budget authority made available for payments on and after September 30, 1988, ments of the National Railroad Passenger the national planning and research program, the Secretary is authorized to receive such Corporation, $555,000,000; of which not less the Federal Transit Administration shall payments directly from the Union Station than $200,000,000, to remain available until provide the following amounts to the Redevelopment Corporation, credit them to September 30, 2001, shall be for Northeast projects listed below: the appropriation charged for the first deed Corridor improvements authorized by chap- Santa Barbara Electric Transportation In- of trust, and make payments on the first ter 249 of title 49, United States Code, and 49 stitute and San Diego Clean Fuel Ferry pro- deed of trust with those funds: Provided fur- U.S.C. 24104(a); and of which no more than gram, $1,000,000; ther, That such additional sums as may be $355,000,000, to become available on October City of Branson, MO congestion study, necessary for payment on the first deed of 1, 1998 and remain available until expended, $450,000; trust may be advanced by the Administrator shall be for capital grants authorized by 49 1999 Special Olympics World Summer from unobligated balances available to the U.S.C. 24104(a): Provided further, That the Games planning and assistance, $1,500,000; Federal Railroad Administration, to be reim- term ‘‘capital improvements’’ includes Skagit County, WA North Sound connect- bursed from payments received from the projects for—(A)(i) acquisition, construction, ing communities project, Skagit County Union Station Redevelopment Corporation: supervision, or inspection, of a facility or Council of Governments, $50,000; Provided further, That of the funds provided equipment, for use in intercity rail transpor- 2002 Winter Olympics security training and under this heading, $5,000,000 shall be made tation; (ii) expenses incidental to the acqui- assistance, $1,000,000; available for grants authorized under title sition or construction (including designing, Desert air quality comprehensive analysis, 49, United States Code, section 22301. engineering, location survey, mapping, ac- Las Vegas, NV, $500,000; RAILROAD SAFETY quiring rights of way, associated pre-revenue Vegetation control on rail rights-of-way startup costs, and environmental mitiga- survey, $250,000; For necessary expenses in connection with Zinc-air battery bus technology dem- railroad safety, not otherwise provided for, tion), payments for rail trackage rights, In- telligent Transportation Systems; (B) reha- onstration, $1,000,000; $61,876,000, of which $3,825,000 shall remain Virtual transit enterprise distributed in- available until expended: Provided, That not- bilitating rolling stock; (C) remanufacturing rolling stock; (D) overhauling rolling stock; formation technology demonstration, withstanding any other provision of law, $1,400,000; funds appropriated under this heading are and (E) preventive maintenance: Provided further, That the Secretary shall not obligate North Orange-South Seminole County, FL available for the reimbursement of out-of- fixed guideway ITS application, $750,000; state travel and per diem costs incurred by more than $222,000,000 prior to September 30, 1999. Galveston, TX fixed guideway ITS activi- employees of State governments directly ties, $750,000; supporting the Federal railroad safety pro- FEDERAL TRANSIT ADMINISTRATION Washoe County, NV transit technology, gram, including regulatory development and ADMINISTRATIVE EXPENSES $1,250,000; compliance-related activities. For necessary administrative expenses of Massachusetts Bay Transit Authority ad- RAILROAD RESEARCH AND DEVELOPMENT the Federal Transit Administration’s pro- vanced electric transit buses and related in- For necessary expenses for railroad re- grams authorized by chapter 53 of title 49, frastructure, $1,500,000; search and development, $25,760,000, to re- United States Code, $10,800,000: Provided, Palm Springs, CA fuel cell buses, $1,000,000; main available until expended: Provided, That no more than $54,000,000 of budget au- Gloucester, MA intermodal technology That the Secretary of Transportation is au- thority shall be available for these purposes: center, $1,500,000; and S9154 CONGRESSIONAL RECORD — SENATE July 28, 1998 Southeastern Pennsylvania Transit Au- Boston, MA South Station intermodal cen- Essex and Middlesex Counties, MA buses thority advanced propulsion control system, ter connection link Eugene, OR Lane Transit District buses $2,000,000. Boulder/Denver, CO RTD buses Everett, WA multimodal transportation TRUST FUND SHARE OF EXPENSES Bradford County, PA Endless Mountain center Transportation Authority buses Fairbanks, AK intermodal rail/bus transfer (LIQUIDATION OF CONTRACT AUTHORIZATION) Brattleboro, VT Union Station multimodal facility (HIGHWAY TRUST FUND) center Fayette County, PA intermodal facilities For payment of obligations incurred in Brazos, TX Transit Authority buses and fa- and buses carrying out 49 U.S.C. 5303 through 5308, 5310 cilities Fayetteville, AR University of Arkansas through 5315, 5317(b), 5322, 5327 and 5334, Bremerton, WA Sinclair’s Landing, Transit System buses $2,446,200,000, to remain available until ex- multimodal center Folsom, CA Railroad block project pended and to be derived from the Mass Brockton, MA intermodal transportation Fort Ord, CA multi-modal transportation Transit Account of the Highway Trust Fund: center center Provided, That $2,280,000,000 shall be paid to Brookhaven Town, NY elderly and disabled Fort Dodge, IA Intermodal Facility the Federal Transit Administration’s for- buses and vans Fort Worth, TX buses mula grants account: Provided further, That Brooklyn-Staten Island, NY mobility en- Frankford, PA Septa transportation center $78,200,000 shall be paid to the Federal Tran- hancement buses Galveston, TX alternative fuel buses sit Administration’s transit planning and re- Broome County, NY buses and fare collec- Gary, IN Transit Consortium buses search account: Provided further, That tion equipment Georgetown University fuel cell bus devel- $43,200,000 shall be paid to the Federal Tran- Broward County, FL buses opment and manufacturing sit Administration’s administrative expenses Buffalo, NY Crossroads intermodal station Gloucester, MA intermodal transportation account: Provided further, That $4,800,000 Buffalo, NY Auditorium intermodal center center shall be paid to the Federal Transit Adminis- Burlington, VT ferry terminal improve- Grand Forks, Fargo, Bismarck-Mandan tration’s university transportation research ments and Minot, ND buses account: Provided further, That $40,000,000 Burlington, VT multimodal center Grant County, WA buses and vans shall be paid to the Federal Transit Adminis- Butte, MT bus replacements Greater Laconia, NH Transit Agency buses tration’s job access and reverse commute California I–5 corridor intermodal transit Greensboro, NC Transit Authority buses grants program. centers and vans Cambria County, PA bus facilities and Greensboro, NC multimodal center CAPITAL INVESTMENT GRANTS buses Harrison County, MS multimodal center/ For necessary expenses to carry out 49 Carroll County, NH transportation alliance hybrid electric shuttle buses United States Code 5308, 5309, 5318, and 5327, buses Harrisonburg, VA buses $451,400,000: Provided, That no more than Cedar Rapids, IA Ground Transportation Hartford, CT transportation access project $2,257,000,000 of budget authority shall be Center Healdsburg, CA intermodal facility available for these purposes: Provided further, Centre Area, PA Transportation Authority Honolulu, HI bus facility and buses That there shall be available for fixed guide- buses Hot Springs, AR transportation depot and way modernization, $902,800,000; there shall Chambersburg, PA Transit Authority buses plaza be available for the replacement, rehabilita- and intermodal center Humboldt, CA intermodal facility tion, and purchase of buses and related Chelan, WA Chelan-Douglas multimodal Huntington Beach, CA senior center shut- equipment and the construction of bus-relat- center tle buses ed facilities, $451,400,000; and there shall be Chester County, PA Paoli transportation Huntington, WV intermodal facility available for new fixed guideway systems center Huntsville, AL intermodal space centers— $902,800,000: Provided further, That, within the Clark County, NV RTC CNG fueling facil- East and West total funds provided for buses and bus-relat- ity Hyannis, MA intermodal transportation ed facilities to carry out 49 U.S.C. section Clark County, NV Regional Transportation center 5309, the following projects shall be consid- Commission buses Illinois statewide buses and bus-related ered eligible for these funds: Provided further, Cleveland, OH Triskett Garage bus mainte- equipment That the Administrator of the Federal Tran- nance facility Indianapolis, IN buses sit Administration shall, not later than 60 Clinton, WA ferry terminal Iowa/Illinois Transit Consortium bus safe- days after the enactment of this Act, indi- Colorado statewide buses ty and security vidually submit to the congressional transit Columbia, SC bus replacement Iowa statewide bus request appropriations and authorization commit- Concord Area Transit, NH buses Ithaca, NY TCAT bus technology improve- tees the recommended grant funding levels Corpus Christi, TX transit authority buses ments for the respective projects from the follow- and facilities Jackson, MS buses and facilities ing projects here listed: Crawford Area, PA buses Jacksonville, FL Transit Authority buses AC Transit electric bus program, CA Culver City, CA CityBus buses and mini transit center Albany, NY paratransit buses and facilities Dade County, FL Metro-Dade Transit Jasper, AL buses Albuquerque, NM buses and bus facilities Agency replacement buses Johnson County, KS bus maintenance/op- Alexandria, VA King Street Station access Dallas, TX Dallas Area Rapid Transit erations facility Alexandria, VA bus maintenance facility buses Kansas City, MO Union Station redevelop- Allegheny County, PA buses and inter- Davis, CA Unitrans transit maintenance ment modal station facility Kansas City, MO two-way radios; farebox Altoona, PA Metro Transit Authority Davis/Sacramento CA hydrogen bus tech- system; facility repair buses nology validation Keene, NH HCS Community Care buses and Altoona, PA pedestrian crossover Dayton, OH multimodal transportation equipment Altoona, PA Metro Transit Authority center King County/Kingdome, WA pedestrian Logan Valley Mall suburban transfer center Daytona, FL intermodal center bridges Anacortes, WA ferry terminal information Deerfield Valley, VT Transit Authority King County, WA Metro transit transfer system Demonstration of universal electric trans- facilities Anchorage, AK Ship Creek intermodal fa- portation subsystems (DUETS), bus system, Lackawanna County, PA Transit System cility NM buses Arkansas statewide bus needs Denver, CO Stapleton intermodal center Lake Tahoe, CA intermodal terminal Armstrong County-Mid County, PA bus fa- Des Moines, IA intermodal facility Lake Tahoe, CA alternative fuels station cilities and buses Dothan, AL Wiregrass Transit Authority Lake Tahoe, CA coordinated transit sys- Atlanta, GA MARTA buses demand response shuttle vehicles and transit tem Austin, TX Capital Metro bus replacement facility Lakeland, FL Citrus Connection transit Babylon, NY intermodal center Duluth, MN Transit Authority community vehicles/equipment Beaver County, PA transit facility circulation vehicles Lane County, OR bus rapid transit Bellingham, WA Whatcom Transit Author- Duluth, MN Transit Authority intelligent Lansing, MI CATA bus technology im- ity bus maintenance facility transportation systems provements Berlin, NH Tri-County Community Action Duluth, MN Transit Authority transit hub Las Cruces, NM buses, facilities and park transit garage Dutchess County, NY Loop System buses and ride Birmingham, AL intermodal facility East Hampton, NY elderly and disabled Las Vegas, NV RTC South Resort Corridor Birmingham-Jefferson County, AL buses buses and vans transit center Boston, MA Logan Airport intermodal El Paso, TX Sun Metro demand response, Las Vegas, NV Citizen Area Transit Sys- buses maintenance, and terminal facility tem Boston, MA Charles Street/MA General Erie, PA Metropolitan Transit Authority Lebanon, NH Advance Transit buses Hospital ‘‘T’’ Station Rehabilitation buses Lee County, AL buses July 28, 1998 CONGRESSIONAL RECORD — SENATE S9155 Little Rock, AR Central Arkansas Transit Oak Park, IL Marion Street multimodal Seattle RTA buses buses transit center Seattle, WA intermodal transportation ter- Little Rock, AR New Harbor Inlet inter- OATS Transit, MO minal modal center Ogden, UT Intermodal Center Seward, AK intermodal facility Livermore-Ardmore Valley, CA automatic Ohio statewide buses and bus facilities Shelter Island, NY elderly and disabled vehicle locator program Oklahoma statewide bus facilities and buses and vans Long Beach, NY central bus facility buses Sinclair Landing transit facility, WA Long Island, NY CNG transit vehicles and Olympia, WA bus replacement Sioux Falls, SD buses facilities Olympic Peninsula, WA International Sioux City, IA park and ride bus facility Long Island, NY bus replacement Gateway transportation center Smithtown, NY elderly and disabled buses Los Angeles County, CA Foothills transit Omnitrans, CA replacement buses and vans buses Oneida County, NY Union Station inter- Solano Links, CA intercity transit consor- Los Angeles County, CA Metropolitan modal facility tium Transportation Authority bus replacement Oneida County, NY buses and equipment Solano County, CA automated vehicle lo- Los Angeles, CA Foothills transit bus Orlando, FL Lynx buses and bus facilities cator maintenance facility Orlando, FL Downtown intermodal facility Somerset County, PA bus facilities and Los Angeles, CA San Fernando Valley Pee Dee, SC Regional Transportation Au- buses smart shuttle buses thority Sonoma County, CA intermodal center Los Angeles, CA Union Station Gateway Pennsylvania statewide request for small South Amboy, NJ regional intermodal intermodal transit center communities transportation initiative Los Angeles, CA municipal transit opera- Perris, CA bus maintenance facility South Bend, IN urban intermodal transpor- tors consortium Phenix City, AL express transit system tation facility Louisiana statewide bus request Philadelphia, PA Market Street bus main- South Carolina statewide Virtual Transit Louisville, Kentucky University of Louis- tenance facility Enterprise ville and River City buses Philadelphia, PA Frankford transportation Lynchburg, VA buses center South Dakota computerized bus dispatch Market Street, NJ bus maintenance facil- Philadelphia, PA SEPTA ADA bus acquisi- system, radios, money boxes, and lift re- ity tion placements Maryland statewide bus facilities and Philadelphia, PA 30th Street intermodal South Dakota statewide bus facilities and buses station buses Massachusetts Bay Transportation Au- Philadelphia, PA regional transportation Southampton, NY elderly and disabled thority statewide bus replacement system for elderly and disabled buses and vans Mercer County, PA buses Phoenix, AZ alternatively fueled buses Southeast Missouri transportation services Miami Beach, FL electric shuttle service Pittsfield, MA intermodal center Southold, NY elderly and disabled buses Miami-Dade, FL buses Portland, OR Tri-Met buses and vans Michigan statewide buses Potomac and Rappahannock, VA Trans Spartanburg, SC intermodal facility Milwaukee, WI train station improvements Commission buses Springfield, MA Union Station Milwaukee County, WI buses Poughkeepsie, NY intermodal facility Springfield/Branson, MO bus terminal Mineola/Hicksville, NY LIRR intermodal Pritchard, AL bus transfer facility St. Louis, MO Bi-state intermodal center centers Providence, RI buses and bus maintenance St. Louis, MO Care-Cab Minnesota Metro transit buses facility St. Louis, MO Bi-State development agen- Minnesota I–35 corridor transit stations Rankin County, MI Intermodal Connector cy bus replacement Missouri statewide bus and bus facilities Reading, PA BARTA intermodal transpor- Suffolk County, NY elderly and disabled Mobile, AL bus replacement tation facility buses and vans Mobile, AL intermodal facilities Red Rose, PA transit bus terminal Syracuse, NY CNG buses and facilities Modesto, CA bus maintenance facility Reno, NV RTC transit passenger and facil- Tacoma, WA Tacoma Dome station Monroe County, PA Transportation Au- ity security improvements Tampa, FL Hartline buses thority buses Rensselear, NY intermodal facility Tampa, FL Ybor intermodal station Monroe, LA maintenance facility Rhode Island Public Transit Authority (Hillsborough Area Regional Transit Author- Monterey, CA Monterey-Salinas buses buses ity) Montgomery, AL Union Station inter- Rialto, CA Metrolink depot Tennessee statewide bus and facility re- modal center and buses Richland, WA Ben Franklin Transit main- placement Morongo Basin, CA Transit Authority bus tenance, operation, and administration facil- Texas statewide small urban and rural facility ity buses Mount Vernon, WA multimodal center Richmond, VA Main Street station Tompkins County, NY new technology New Bedford/Fall River, MA mobile access Richmond, VA GRTC bus maintenance fa- project to health care cility Towamencin Township, PA intermodal bus New Hampshire statewide transit systems Riverhead, NY elderly and disabled buses transportation center New Haven, CT bus facility and vans Tucson, AZ alternatively fueled buses New Jersey statewide buses and bus facili- Riverside, CA Transit Agency buses, facili- Tuscaloosa, AL intermodal center ties ties and ITS applications Ukiah, CA transportation center New Jersey Transit jitney shuttle buses Roanoke, VA buses Ulster County, NY bus garage and equip- New Mexico statewide buses and bus facili- Robinson, PA Towne Center intermodal fa- ment ties including northern New Mexico park and cility University of North Alabama, pedestrian ride Rochester-Genessee, NY CNG buses walkways New Orleans, LA RTA maintenance facil- Rochester, NY Rochester central bus facil- Utah Olympics park and ride lots ity ity Utah Olympics intermodal transportation New Rochelle, NY intermodal center Rogue Valley, OR transit district bus pur- centers New York City, CNG buses and refueling chase Utah Hybrid electric vehicle bus purchase station Rome, NY intermodal center Utah Transit Authority/Park City Transit, New York City, NY Midtown west ferry Rural Texas bus replacement UT buses terminal Sacramento, CA intermodal station Utah Transit Authority, UT intermodal fa- New York, NY West 72nd St. intermodal Sacramento, CA CNG buses cilities station Salem, OR area mass transit buses Utica and Rome, NY bus facilities and Newark, NJ Morris and Essex Station ac- San Francisco, CA Islais Creek mainte- buses cess and buses nance facility Utica, NY Union Station Niagara Frontier Transportation Author- San Joaquin, CA buses and facilities Vancouver, WA C-Tran Seventh Street ity Hublink, NY San Juan, Puerto Rico intermodal access transit center expansion North Carolina statewide buses and bus fa- Santa Clara, CA Valley Transportation Au- Vancouver, WA I–5 park and ride lots cilities thority buses Vermont statewide bus needs North Dakota statewide buses and bus-re- Santa Clarita, CA facilities and buses Volusia County, FL bus systems integrated lated facilities Santa Cruz, CA bus facility fleet operations system North Slope Borough, AK buses Santa Rosa/Cotati, CA intermodal trans- Washington County, PA intermodal facili- Northern Kentucky Area Development Dis- portation facilities ties trict senior citizen buses Savannah, GA Chatham buses and bus fa- Washington, Community Transit bus re- Northstar Corridor, MN intermodal facili- cilities placement ties and buses Savannah, GA downtown multimodal cen- Washington statewide bus Norwich, CT buses ter Washington RTA buses S9156 CONGRESSIONAL RECORD — SENATE July 28, 1998 Washington, D.C. intermodal transpor- $2,000,000 for the Harrisburg, PA capitol governmental share for these funds and for tation center area transit/corridor one project; funds made available for this project under Washoe County, NV transit improvements $1,000,000 for the Hartford, CT light rail Public Law 105–66, shall be determined in ac- Waterbury, CT bus facility project; cordance with section 3030(c)(2)(B)(ii) of the Waukesha, WI downtown transit center $1,000,000 for a major investment analysis Transportation Equity Act for the 21st Cen- West Virginia statewide intermodal facil- of Honolulu transit alternatives; tury, as amended (Public Law 105–178); ity and buses $59,670,000 for the Houston Metro Regional $8,000,000 for the Salt Lake City/Airport to Westchester County, NY DOT articulated Bus plan project; University (West-East) light rail project: buses $1,000,000 for a Jacksonville, FL light rail Provided further, That the non-governmental Westchester County, NY Bee-Line transit and bus corridors study; share for these funds shall be determined in system shuttle buses and fareboxes $1,500,000 for the Johnson County, KS I–35 accordance with Section 3030(c)(2)(B)(ii) of Westfield, MA intermodal center commuter rail project; the Transportation Equity Act for the 21st Westmoreland County, PA intermodal fa- $500,000 for the Kansas City, MO commuter Century, as amended (Public Law 105–178); cility rail study; $1,000,000 for the San Diego Mission Valley Whittier, AK intermodal facility and $1,000,000 for the Kenosha-Racine-Milwau- and Mid-Coast Corridors; pedistrian overpass kee, WI commuter rail project; $19,967,000 for the San Juan Tren Urbano; Wilkes-Barre, PA intermodal facility $250,000 for the King County, WA Elliott $2,000,000 for the Santa Fe rail link project; Williamsport, PA bus facility Bay water taxi; $250,000 for the Sioux City micro rail trol- Wilsonville, OR buses and bus shelters $2,000,000 for the Knoxville, TN transit pro- ley system; Windsor, CA intermodal facility gram project; $1,000,000 for the South DeKalb-Lindbergh Wisconsin statewide bus facilities and $2,000,000 for the Largo, MD Metro Blue Corridor LRT project; buses Line extension project; $200,000 for the Southeast Michigan com- Woodland Hills, CA Warner Center trans- $4,000,000 for the Las Vegas resort corridor muter rail viability study; portation hub fixed guideway system project; $10,000,000 for the St. George Ferry, NY ter- Worcester, MA Union Station intermodal $40,000,000 for the LIRR East Side access minal project; transportation center project, New York; $35,000,000 for the St. Louis Metro link/St. Yonkers, NY intermodal facility $4,000,000 for the Little Rock, AR Arkansas Clair County LRT extension project; Yosemite area, CA regional transportation River rail project; $500,000 for the St. Louis-Jefferson City- strategies: $30,000,000 for the Los Angeles MOS–3 Kansas City, MO commuter rail project; Provided further, That, the funds provided for project, of which $24,000,000 shall be made $1,000,000 for the Stamford, CT fixed guide- new fixed guideway systems shall be made available from funds provided in Public Law way connector; available as follows: 105–66 under this head for this project: Pro- $1,000,000 for the Tampa Bay regional rail $10,400,000 for Alaska and/or Hawaii ferry vided further, That such sum shall be avail- project; and projects; able to the grantee without restriction; $15,000,000 for the Whitehall ferry terminal $2,500,000 for the Albuquerque/Santa Fe re- $17,000,000 for MARC commuter rail im- project. gional multimodal transportation project; provements; $10,000,000 for the Albuquerque light rail $2,200,000 for the Memphis Medical Center MASS TRANSIT CAPITAL FUND project; rail extension project; (LIQUIDATION OF CONTRACT AUTHORIZATION) $55,000,000 for the Atlanta MARTA North $3,000,000 for the Miami Metrorail Pal- (HIGHWAY TRUST FUND) Springs project; metto extension project; For payment of obligations incurred in $2,000,000 for the Austin Capital metro $4,000,000 for the Miami Metro-Dade Tran- carrying out 49 U.S.C. 5338(b) administered project; sit east-west corridor project; by the Federal Transit Administration, $1,000,000 for the Baltimore central down- $8,000,000 for the Miami-North corridor $1,805,600,000, to be derived from the Highway town transit alternatives major investment transitway to Broward County project; Trust Fund and to remain available until ex- study; $4,500,000 for the Morgantown, WV fixed pended. $2,000,000 for the Baltimore light rail dou- guideway modernization project; DISCRETIONARY GRANTS ble-track project; $2,500,000 for the Nashville regional com- $37,600,000 for the BART San Francisco Air- muter rail project; (HIGHWAY TRUST FUND, MASS TRANSIT port and San Jose Tasman West extensions $70,000,000 for the New Jersey urban core ACCOUNT) projects; Hudson-Bergen LRT project; (RESCISSION OF CONTRACT AUTHORIZATION) $1,000,000 for the Birmingham, AL light rail $12,000,000 for the New Jersey urban core Of the unobligated balances authorized in project feasibility study; Newark-Elizabeth rail link project; Public Law 102–240 under 49 U.S.C. 5338(b)(1), $1,000,000 for the Boston North-South rail $1,000,000 for the New London, CT water- $392,000,000 are rescinded. link project; front access project; JOB ACCESS AND REVERSE COMMUTE GRANTS $53,983,000 for the Boston-South Boston $12,000,000 for the New York City, Kennedy For necessary expenses to carry out Sec- Piers MOS–2 project; class ferryboat replacement project; $1,500,000 for the Boston urban ring project; $2,000,000 for the Niagara Frontier Trans- tion 3037 of the Federal Transit Act of 1998, $4,000,000 for the Burlington-Essex, Ver- portation Authority light rail car rebuild $10,000,000: Provided, That no more than mont commuter rail project; project; $50,000,000 of budget authority shall be avail- $3,000,000 for the Charleston, SC monobeam $6,000,000 for the Northern Indiana South able for these purposes: Provided further, rail project; Shore commuter rail project; That of the amounts appropriated under this $3,000,000 for the Charlotte, NC North- $20,000,000 for the Orlando Lynx light rail head, not more than $10,000,000 shall be used South corridor transitway project; project; for grants for reverse commute projects. $19,000,000 for Chicago Metra commuter $500,000 for the Philadelphia to Pittsburgh WASHINGTON METROPOLITAN AREA TRANSIT rail extensions and upgrades; high-speed magnetic levitation project; AUTHORITY $4,000,000 for the Chicago Transit Author- $6,500,000 for the Philadelphia-Reading For necessary expenses to carry out the ity Ravenswood and Douglas branch lines SEPTA Schuylkill Valley Metro project; provisions of section 14 of Public Law 96–184 projects; $1,000,000 for the Philadelphia SEPTA and Public Law 101–551, $50,000,000, to remain $3,600,000 for the Cincinnati Northeast/ Cross County Metro project; available until expended. Northern Kentucky rail line project; $5,000,000 for the Pittsburgh Allegheny SAINT LAWRENCE SEAWAY $1,000,000 for the Cleveland Berea Red Line County Stage II light rail project; DEVELOPMENT CORPORATION MIS; $5,000,000 for the Pittsburgh Airborne Shut- The Saint Lawrence Seaway Development $4,000,000 for the Cleveland Euclid corridor tle System project; Corporation is hereby authorized to make improvement project; $1,000,000 for the Pittsburgh North Shore such expenditures, within the limits of funds $500,000 for the Colorado-North Front central business district transit options and borrowing authority available to the Range corridor feasibility study; major investment study; Corporation, and in accord with law, and to $20,500,000 for the Dallas DART North Cen- $26,700,000 for the Portland Westside and make such contracts and commitments with- tral light rail extension project; South-North light rail projects; out regard to fiscal year limitations as pro- $40,000,000 for the Denver Southwest Cor- $13,000,000 for the Puget Sound RTA Link vided by section 104 of the Government Cor- ridor project; light rail project; poration Control Act, as amended, as may be $1,000,000 for the Denver Southeast Cor- $47,000,000 for the Puget Sound RTA Sound- necessary in carrying out the programs set ridor multimodal corridor project; er commuter rail project; forth in the Corporation’s budget for the cur- $10,000,000 for the Fort Lauderdale, FL Tri- $14,000,000 for the Raleigh-Durham-Chapel rent fiscal year. County commuter rail project; Hill Triangle Transit project; $12,000,000 for the Fort Worth, TX Railtran $23,480,000 for the Sacramento south cor- OPERATIONS AND MAINTENANCE project; ridor LRT project; (HARBOR MAINTENANCE TRUST FUND) $1,000,000 for the Galveston, Texas rail trol- $70,000,000 for the Salt Lake City South For necessary expenses for operation and ley system extension project; LRT project: Provided further, That the non- maintenance of those portions of the Saint July 28, 1998 CONGRESSIONAL RECORD — SENATE S9157 Lawrence Seaway operated and maintained TITLE II shall be available for services as authorized by the Saint Lawrence Seaway Development RELATED AGENCIES by 5 U.S.C. 3109, but at rates for individuals Corporation, $11,496,000, to be derived from ARCHITECTURAL AND TRANSPOR- not to exceed the per diem rate equivalent to the Harbor Maintenance Trust Fund, pursu- TATION BARRIERS COMPLIANCE the rate for an Executive Level IV. SEC. 305. None of the funds in this Act shall ant to Public Law 99–662. BOARD RESEARCH AND SPECIAL PROGRAMS be available for salaries and expenses of SALARIES AND EXPENSES ADMINISTRATION more than 91 political and Presidential ap- For expenses necessary for the Architec- pointees in the Department of Transpor- RESEARCH AND SPECIAL PROGRAMS tural and Transportation Barriers Compli- tation: Provided, That none of the personnel For expenses necessary to discharge the ance Board, as authorized by section 502 of covered by this provision may be assigned on functions of the Research and Special Pro- the Rehabilitation Act of 1973, as amended, temporary detail outside the Department of grams Administration, $29,000,000, of which $3,847,000: Provided, That, notwithstanding Transportation. $574,000 shall be derived from the Pipeline any other provision of law, there may be SEC. 306. None of the funds in this Act shall Safety Fund, and of which $3,460,000 shall re- credited to this appropriation funds received be used for the planning or execution of any main available until September 30, 2001: Pro- for publications and training expenses. program to pay the expenses of, or otherwise vided, That up to $1,200,000 in fees collected compensate, non-Federal parties intervening under 49 U.S.C. 5108(g) shall be deposited in NATIONAL TRANSPORTATION SAFETY BOARD in regulatory or adjudicatory proceedings the general fund of the Treasury as offset- funded in this Act. SALARIES AND EXPENSES ting receipts: Provided further, That there SEC. 307. None of the funds appropriated in may be credited to this appropriation, to be For necessary expenses of the National this Act shall remain available for obliga- available until expended, funds received from Transportation Safety Board, including hire tion beyond the current fiscal year, nor may States, counties, municipalities, other public of passenger motor vehicles and aircraft; any be transferred to other appropriations, authorities, and private sources for expenses services as authorized by 5 U.S.C. 3109, but at unless expressly so provided herein. incurred for training, for reports publication rates for individuals not to exceed the per SEC. 308. The Secretary of Transportation and dissemination, and for travel expenses diem rate equivalent to the rate for a GS–18; may enter into grants, cooperative agree- incurred in performance of hazardous mate- uniforms, or allowances therefor, as author- ments, and other transactions with any per- rials exemptions and approvals functions. ized by law (5 U.S.C. 5901–5902) $53,473,000, of son, agency, or instrumentality of the PIPELINE SAFETY which not to exceed $2,000 may be used for United States, any unit of State or local gov- (PIPELINE SAFETY FUND) official reception and representation ex- ernment, any educational institution, and penses. (OILSPILL LIABILITY TRUST FUND) any other entity in execution of the Tech- nology Reinvestment Project authorized For expenses necessary to conduct the EMERGENCY FUND under the Defense Conversion, Reinvestment functions of the pipeline safety program, for For necessary expenses, not otherwise pro- and Transition Assistance Act of 1992 and re- grants-in-aid to carry out a pipeline safety vided for, of the National Transportation lated legislation: Provided, That the author- program, as authorized by 49 U.S.C. 60107, Safety Board for accident investigations, and ity provided in this section may be exercised and to discharge the pipeline program re- for oversight and provision of services to without regard to section 3324 of title 31, sponsibilities of the Oil Pollution Act of 1990, families of victims of transportation disas- United States Code. $32,500,000, of which $3,500,000 shall be derived ters, including hire of passenger motor vehi- SEC. 309. The expenditure of any appropria- from the Oil Spill Liability Trust Fund and cles and aircraft; services as authorized by 5 tion under this Act for any consulting serv- shall remain available until September 30, U.S.C. 3109, but at rates for individuals not ice through procurement contract pursuant 2001; and of which $29,000,000 shall be derived to exceed the per diem rate equivalent to the to section 3109 of title 5, United States Code, from the Pipeline Safety Fund, of which rate for a GS–18; uniforms, or allowances shall be limited to those contracts where $16,919,000 shall remain available until Sep- therefor, as authorized by law (5 U.S.C. 5901– such expenditures are a matter of public tember 30, 2001: Provided, That in addition to 5902), $1,000,000, to remain available until ex- record and available for public inspection, amounts made available for the Pipeline pended. except where otherwise provided under exist- Safety Fund, $1,000,000 shall be available for TITLE III ing law, or under existing Executive order grants to States for the development and es- GENERAL PROVISIONS issued pursuant to existing law. tablishment of one-call notification systems (INCLUDING TRANSFERS OF FUNDS) SEC. 310. (a) For fiscal year 1999, the Sec- and shall be derived from amounts pre- SEC. 301. During the current fiscal year ap- retary of Transportation shall— viously collected under 49 U.S.C. 60301, and plicable appropriations to the Department of (1) not distribute from the obligation limi- that an additional $659,000 in amounts pre- Transportation shall be available for mainte- tation for Federal-aid Highways amounts au- viously collected under 49 U.S.C. 60301 is nance and operation of aircraft; hire of pas- thorized for administrative expenses and pro- available to conduct general functions of the senger motor vehicles and aircraft; purchase grams funded from the administrative take- pipeline safety program. of liability insurance for motor vehicles op- down authorized by section 104(a) of title 23, EMERGENCY PREPAREDNESS GRANTS erating in foreign countries on official de- United States Code, and amounts authorized (EMERGENCY PREPAREDNESS FUND) partment business; and uniforms, or allow- for the highway use tax evasion program and For necessary expenses to carry out 49 ances therefor, as authorized by law (5 U.S.C. the Bureau of Transportation Statistics. U.S.C. 5127(c), $200,000, to be derived from the 5901–5902). (2) not distribute an amount from the obli- Emergency Preparedness Fund, to remain SEC. 302. Such sums as may be necessary gation limitation for Federal-aid Highways available until September 30, 2001: Provided, for fiscal year 1999 pay raises for programs that is equal to the unobligated balance of That not more than $11,000,000 shall be made funded in this Act shall be absorbed within amounts made available from the Highway available for obligation in fiscal year 1999 the levels appropriated in this Act or pre- Trust Fund (other than the Mass Transit Ac- from amounts made available by 49 U.S.C. vious appropriations Acts. count) for Federal-aid highway and highway 5116(i) and 5127(d): Provided further, That no SEC. 303. Funds appropriated under this safety programs for the previous fiscal year such funds shall be made available for obli- Act for expenditures by the Federal Aviation the funds for which are allocated by the Sec- gation by individuals other than the Sec- Administration shall be available: (1) except retary; retary of Transportation, or his designee. as otherwise authorized by title VIII of the (3) determine the ratio that— OFFICE OF INSPECTOR GENERAL Elementary and Secondary Education Act of (A) the obligation limitation for Federal- aid Highways less the aggregate of amounts SALARIES AND EXPENSES 1965 (20 U.S.C. 7701 et seq.) for expenses of primary and secondary schooling for depend- not distributed under paragraphs (1) and (2), For necessary expenses of the Office of In- ents of Federal Aviation Administration per- bears to spector General to carry out the provisions sonnel stationed outside the continental (B) the total of the sums authorized to be of the Inspector General Act of 1978, as United States at costs for any given area not appropriated for Federal-aid highway and amended, $42,720,000. in excess of those of the Department of De- highway safety construction programs (other SURFACE TRANSPORTATION BOARD fense for the same area, when it is deter- than sums authorized to be appropriated for SALARIES AND EXPENSES mined by the Secretary that the schools, if sections set forth in paragraphs (1) through For necessary expenses of the Surface any, available in the locality are unable to (7) of subsection (b) and sums authorized to Transportation Board, including services au- provide adequately for the education of such be appropriated for section 105 of title 23, thorized by 5 U.S.C. 3109, $13,853,000: Provided, dependents; and (2) for transportation of said United States Code, equal to the amount re- That $2,000,000 in fees collected in fiscal year dependents between schools serving the area ferred to in subsection (b)(8)) for such fiscal 1999 by the Surface Transportation Board that they attend and their places of resi- year less the aggregate of the amounts not pursuant to 31 U.S.C. 9701 shall be made dence when the Secretary, under such regu- distributed under paragraph (1) of this sub- available to this appropriation in fiscal year lations as may be prescribed, determines section; 1999: Provided further, That any fees received that such schools are not accessible by pub- (4) distribute the obligation limitation for in excess of $2,000,000 in fiscal year 1999 shall lic means of transportation on a regular Federal-aid Highways less the aggregate remain available until expended, but shall basis. amounts not distributed under paragraphs not be available for obligation until October SEC. 304. Appropriations contained in this (1) and (2) for section 117 of title 23, United 1, 1999. Act for the Department of Transportation States Code (relating to high priority S9158 CONGRESSIONAL RECORD — SENATE July 28, 1998 projects program), section 201 of the Appa- (d) APPLICABILITY OF OBLIGATION LIMITA- liability from not buying additional systems, lachian Regional Development Act of 1965, TIONS TO TRANSPORTATION RESEARCH PRO- subsystems, or components beyond the basic the Woodrow Wilson Memorial Bridge Au- GRAMS.—The obligation limitation shall contract requirements. thority Act of 1995, and $2,000,000,000 for such apply to transportation research programs SEC. 316. Section 218 of title 23, United fiscal year under section 105 of the Transpor- carried out under chapters 3 and 5 of title 23, States Code, is amended— tation Efficiency Act for the 21st Century United States Code, except that obligation (1) in subsection (a)— (relating to minimum guarantee) so that the authority made available for such programs (A) in the first sentence by striking ‘‘the amount of obligation authority available for under such limitation shall remain available south Alaskan border’’ and inserting each of such sections is equal to the amount for a period of 3 fiscal years. ‘‘Haines’’ in lieu thereof; determined by multiplying the ratio deter- (e) REDISTRIBUTION OF CERTAIN AUTHORIZED (B) in the third sentence by striking ‘‘high- mined under paragraph (3) by the sums au- FUNDS.—Not later than 30 days after the date way’’ and inserting ‘‘highway or the Alaska thorized to be appropriated for such section of the distribution of obligation limitation Marine Highway System’’ in lieu thereof; (except in the case of section 105, under subsection (a), the Secretary shall dis- (C) in the fourth sentence by striking ‘‘any $2,000,000,000) for such fiscal year; tribute to the States any funds (1) that are other fiscal year thereafter’’ and inserting (5) distribute the obligation limitation pro- authorized to be appropriated for such fiscal ‘‘any other fiscal year thereafter, including vided for Federal-aid Highways less the ag- year for Federal-aid highway programs any portion of any other fiscal year there- gregate amounts not distributed under para- (other than the program under section 160 of after, prior to the date of the enactment of graphs (1) and (2) and amounts distributed title 23, United States Code) and for carrying the Transportation Equity Act for the 21st under paragraph (4) for each of the programs out subchapter I of chapter 311 of title 49, Century’’ in lieu thereof; that are allocated by the Secretary under United States Code, and chapter 4 of title 23, (D) in the fifth sentence by striking ‘‘con- title 23, United State Code (other than ac- United States Code, and (2) that the Sec- struction of such highways until an agree- tivities to which paragraph (1) applies and retary determines will not be allocated to ment’’ and inserting ‘‘construction of the programs to which paragraph (4) applies) by the States, and will not be available for obli- portion of such highways that are in Canada multiplying the ratio determined under gation, in such fiscal year due to the imposi- until an agreement’’ in lieu thereof; and paragraph (3) by the sums authorized to be tion of any obligation limitation for such fis- (2) in subsection (b) by inserting ‘‘in Can- appropriated for such program for such fiscal cal year. Such distribution to the States ada’’ after ‘‘undertaken’’. year; and shall be made in the same ratio as the dis- SEC. 317. Notwithstanding any other provi- (6) distribute the obligation limitation pro- tribution of obligation authority under sub- sion of law, and except for fixed guideway vided for Federal-aid Highways less the ag- section (a)(6). The funds so distributed shall modernization projects, funds made avail- gregate amounts not distributed under para- be available for any purposes described in able by this Act under ‘‘Federal Transit Ad- graphs (1) and (2) and amounts distributed section 133(b) of title 23, United States Code. ministration, capital investment grants’’ for under paragraphs (4) and (5) for Federal-aid (f) SPECIAL RULE.—Obligation limitation projects specified in this Act or identified in highway and highway safety construction distributed for a fiscal year under subsection reports accompanying this Act not obligated programs (other than the minimum guaran- (a)(4) for a section set forth in subsection by September 30, 2001 and other recoveries, tee program, but only to the extent that (a)(4) shall remain available until used for shall be made available for other projects amounts apportioned for the minimum guar- obligation of funds for such section and shall under 49 U.S.C. 5309. antee program for such fiscal year exceed be in addition to the amount of any limita- SEC. 318. Notwithstanding any other provi- $2,639,000,000, and the Appalachian develop- tion imposed on obligations for Federal-aid sion of law, any funds appropriated before ment highway system program) that are ap- highway and highway safety construction October 1, 1998, under any section of chapter portioned by the Secretary under title 23, programs for future fiscal years. 53 of title 49, United States Code, that re- United States Code, in the ratio that— SEC. 311. The limitations on obligations for main available for expenditure may be trans- (A) sums authorized to be appropriated for the programs of the Federal Transit Admin- ferred to and administered under the most such programs that are apportioned to each istration shall not apply to any authority recent appropriation heading for any such State for such fiscal year, bear to under 49 U.S.C. 5338, previously made avail- section. (B) the total of the sums authorized to be able for obligation, or to any other authority SEC. 319. None of the funds in this Act may appropriated for such programs that are ap- previously made available for obligation. be used to compensate in excess of 350 tech- SEC. 312. None of the funds in this Act shall portioned to all States for such fiscal year. nical staff-years under the federally funded (b) EXCEPTIONS FROM OBLIGATION LIMITA- be used to implement section 404 of title 23, research and development center contract TION.—The obligation limitation for Federal- United States Code. between the Federal Aviation Administra- aid Highways shall not apply to obligations SEC. 313. None of the funds in this Act shall tion and the Center for Advanced Aviation (1) under section 125 of title 23, United States be available to plan, finalize, or implement Systems Development during fiscal year Code; (2) under section 147 of the Surface regulations that would establish a vessel 1999. Transportation Assistance Act of 1978; (3) traffic safety fairway less than five miles SEC. 320. Funds provided in this Act for the under section 9 of the Federal-Aid Highway wide between the Santa Barbara Traffic Sep- Transportation Administrative Service Cen- Act of 1981; (4) under sections 131(b) and 131(j) aration Scheme and the San Francisco Traf- ter (TASC) shall be reduced by $17,247,000, of the Surface Transportation Assistance fic Separation Scheme. which limits fiscal year 1999 TASC Act of 1982; (5) under sections 149(b) and SEC. 314. Notwithstanding any other provi- obligational authority for elements of the 149(c) of the Surface Transportation and Uni- sion of law, airports may transfer, without Department of Transportation funded in this form Relocation Assistance Act of 1987; (6) consideration, to the Federal Aviation Ad- Act to no more than $165,215,000: Provided, under section 1103 through 1108 of the Inter- ministration (FAA) instrument landing sys- That such reductions from the budget re- modal Surface Transportation Efficiency Act tems (along with associated approach light- quest shall be allocated by the Department of 1991; (7) under section 157 of title 23, ing equipment and runway visual range of Transportation to each appropriations ac- United States Code, as in effect on the day equipment) which conform to FAA design count in proportion to the amount included before the date of enactment of the Trans- and performance specifications, the purchase in each account for the Transportation Ad- portation Efficiency Act for the 21st Cen- of which was assisted by a Federal airport- ministrative Service Center. tury; and (8) under section 105 of title 23, aid program, airport development aid pro- SEC. 321. Funds received by the Federal United States Code (but, only in an amount gram or airport improvement program grant. Highway Administration and Federal Rail- equal to $639,000,000 for such fiscal year). The FAA shall accept such equipment, which road Administration from States, counties, (c) REDISTRIBUTION OF UNUSED OBLIGATION shall thereafter be operated and maintained municipalities, other public authorities, and AUTHORITY.—Notwithstanding subsection (a), by the FAA in accordance with agency cri- private sources for expenses incurred for the Secretary shall after August 1 for such teria. training may be credited respectively to the fiscal year revise a distribution of the obli- SEC. 315. None of the funds in this Act shall Federal Highway Administration’s ‘‘Limita- gation limitation made available under sub- be available to award a multiyear contract tion on Administrative Expenses’’ account section (a) if a State will not obligate the for production end items that: (1) includes and to the Federal Railroad Administra- amount distributed during that fiscal year economic order quantity or long lead time tion’s ‘‘Railroad Safety’’ account, except for and redistribute sufficient amounts to those material procurement in excess of $10,000,000 State rail safety inspectors participating in States able to obligate amounts in addition in any one year of the contract; or (2) in- training pursuant to 49 U.S.C. 20105. to those previously distributed during that cludes a cancellation charge greater than SEC. 322. None of the funds in this or any fiscal year giving priority to those States $10,000,000 which at the time of obligation other Act may be used to compel, direct, or having large unobligated balances of funds has not been appropriated to the limits of require agencies of the Department of Trans- apportioned under sections 104 and 144, of the Government’s liability; or (3) includes a portation in their own construction contract title 23, United States Code, section 160 (as requirement that permits performance under awards, or recipients of financial assistance in effect on the day before the enactment of the contract during the second and subse- for construction projects under this Act, to the Transportation Efficiency Act for the quent years of the contract without condi- use a project labor agreement on any 21st Century) of title 23, United States Code, tioning such performance upon the appro- project, nor to preclude use of a project labor and under section 1015 of the Intermodal Sur- priation of funds: Provided, That this limita- agreement in such circumstances. face Transportation Act of 1991 (105 Stat. tion does not apply to a contract in which SEC. 323. None of the funds made available 1943–1945). the Federal Government incurs no financial in this Act may be used for the purpose of July 28, 1998 CONGRESSIONAL RECORD — SENATE S9159 promulgating or enforcing any regulation the necessary expenses of advisory commit- SEC. 332. Notwithstanding 49 U.S.C. 41742, that has the practical effect of (a) requiring tees. no essential air service shall be provided to more than one attendant during unloading of SEC. 328. BULK FUEL STORAGE TANKS. (a) communities in the 48 contiguous States liquefied compressed gases, or (b) preventing TRANSFER OF FUNDS.—Notwithstanding any that are located fewer than 70 highway miles the attendant from monitoring the cus- other provision of law, the remainder of the from the nearest large and medium hub air- tomer’s liquefied compressed gas storage balance in the Trans-Alaska Pipeline Liabil- port, or that require a rate of subsidy per tank during unloading. ity Fund that is transferred and deposited passenger in excess of $200 unless such point SEC. 324. Notwithstanding 31 U.S.C. 3302, into the Oil Spill Liability Trust Fund under is greater than 210 miles from the nearest funds received by the Bureau of Transpor- section 8102(a)(2)(B)(ii) of the Oil Pollution large or medium hub airport. tation Statistics from the sale of data prod- Act of 1990 (43 U.S.C. 1653 note) after June 16, SEC. 333. Rebates, refunds, incentive pay- ucts, for necessary expenses incurred pursu- 1998 shall be used in accordance with this ments, minor fees and other funds received ant to 49 U.S.C. 111 may be credited to the section. by the Department from travel management Federal-aid highways account for the pur- (b) USE OF INTEREST ONLY.—The interest centers, charge card programs, the subleas- pose of reimbursing the Bureau for such ex- produced from the investment of the Trans- ing of building space, and miscellaneous penses: Provided, That such funds shall not Alaska Pipeline Liability Fund balance that sources are to be credited to appropriations be subject to the obligation limitation for is transferred and deposited into the Oil Spill of the Department and allocated to elements Federal-aid highways and highway safety Liability Trust Fund under section of the Department using fair and equitable construction. 8102(a)(2)(B)(ii) of the Oil Pollution Act of criteria and such funds shall be available SEC. 325. None of the funds made available 1990 (43 U.S.C. 1653 note) after June 16, 1998 until December 31, 1999. in this or any other Act may be used for shall be transferred annually by the National SEC. 334. LAND CONVEYANCE, COAST GUARD grants to the National Railroad Passenger Pollution Funds Center to the Denali Com- STATION OCRACOKE, NORTH CAROLINA. (a) AU- Corporation: Provided, That this provision mission for a program, to be developed in THORITY TO CONVEY.—The Secretary of shall not apply upon the public disclosure by consultation with the Coast Guard, to repair Transportation may convey, without consid- Amtrak of its national average per passenger or replace bulk fuel storage tanks in Alaska eration, to the State of North Carolina (in loss during the previous fiscal year for which which are not in compliance with federal this section referred to as the ‘‘State’’), all a full fiscal year’s data is available: Provided law, including the Oil Pollution Act of 1990, right, title, and interest of the United States further, That Amtrak shall determine the na- or State law. in and to a parcel of real property, together tional average per passenger loss by using (c) TAPS PAYMENT TO ALASKA DEDICATED with any improvements thereon, in revenues and fully allocated expenses of core TO BULK FUEL STORAGE TANK REPAIR AND RE- Ocracoke, North Carolina, consisting of such intercity passenger rail service and such de- PLACEMENT.—Section 8102(a)(2)(B)(i) of Pub- portion of the Coast Guard Station termination shall be verified by the United lic Law 101–380 (43 U.S.C. 1653 note) is amend- Ocracoke, North Carolina, as the Secretary States General Accounting Office: Provided ed by inserting immediately before the semi- considers appropriate for purposes of the further, That the national average per pas- colon, ‘‘, which shall be used to repair and conveyance. senger loss figure for each year shall be replace bulk fuel storage tanks in Alaska so (b) CONDITIONS.—The conveyance under prominently displayed on every passenger that such tanks comply with this Act and subsection (a) shall be subject to the follow- ticket sold by any means or mechanism with other applicable federal and state ing conditions: along with a specific reference to the Amer- laws’’. (1) That the State accept the property to ican taxpayers’ support for Amtrak: Provided SEC. 329. No funds other than those appro- be conveyed under that subsection subject to further, That the Secretary, acting through priated to the Surface Transportation Board such easements or rights of way in favor of the Administrator of the Federal Aviation or fees collected by the Board shall be used the United States as the Secretary considers Administration, shall by January 1, 1999, for conducting the activities of the Board. to be appropriate for— take such actions as may be necessary to en- SEC. 330. (a) COMPLIANCE WITH BUY AMER- (A) utilities; sure that each air carrier (as that term is de- ICAN ACT.—None of the funds made available (B) access to and from the property; fined in section 40102 of title 49 U.S.C.) in this Act may be expended by an entity un- (C) the use of the boat launching ramp on prominently displays on every passenger less the entity agrees that in expending the the property; and ticket sold by any means or mechanism a funds the entity will comply with the Buy (D) the use of pier space on the property by statement that reflects the national average American Act (41 U.S.C. 10a–10c). search and rescue assets. per passenger general fund subsidy based on (b) SENSE OF CONGRESS; REQUIREMENT RE- (2) That the State maintain the property the fiscal year 1997 general fund appropria- GARDING NOTICE.— in a manner so as to preserve the usefulness tion from the Federal Government to the (1) PURCHASE OF AMERICAN-MADE EQUIPMENT of the easements or rights of way referred to Federal Aviation Administration: Provided AND PRODUCTS.—In the case of any equipment in paragraph (1). further, That the Secretary of Transpor- or product that may be authorized to be pur- (3) That the State utilize the property for tation, acting through the administrator of chased with financial assistance provided transportation, education, environmental, or the Federal Highway Administration, shall using funds made available in this Act, it is other public purposes. take such actions as may be necessary to en- the sense of the Congress that entities re- (c) REVERSION.—(1) If the Secretary deter- sure the placement of signs, on each Federal- ceiving the assistance should, in expending mines at any time that the property con- aid highway (as that term is defined in sec- the assistance, purchase only American- veyed under subsection (a) is not to be used tion 101 of title 23, U.S.C.) that states that, made equipment and products to the great- in accordance with subsection (b), all right, during fiscal year 1997, the Federal Govern- est extent practicable. title, and interest in and to the property, in- ment provided a general fund appropriation (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— cluding any improvements thereon, shall re- at a level verified by the Department of In providing financial assistance using funds vert to the United States, and the United Transportation, for the subsidy of State and made available in this Act, the head of each States shall have the right of immediate local highway construction and mainte- Federal agency shall provide to each recipi- entry thereon. nance. ent of the assistance a notice describing the (2) Upon reversion under paragraph (1), the SEC. 326. None of the funds in this Act statement made in paragraph (1) by the Con- property shall be under the administrative shall, in the absence of express authorization gress. jurisdiction of the Administrator of General by Congress, be used directly or indirectly to (c) PROHIBITION OF CONTRACTS WITH PER- Services. pay for any personal service, advertisement, SONS FALSELY LABELING PRODUCTS AS MADE (d) DESCRIPTION OF PROPERTY.—The exact telegram, telephone, letter, printed or writ- IN AMERICA.—If it has been finally deter- acreage and legal description of the property ten matter, or other device, intended or de- mined by a court or Federal agency that any conveyed under subsection (a), and any ease- signed to influence in any manner a Member person intentionally affixed a label bearing a ments or rights of way granted under sub- of Congress, to favor or oppose, by vote or ‘‘Made in America’’ inscription, or any in- section (b)(1), shall be determined by a sur- otherwise, any legislation or appropriation scription with the same meaning, to any vey satisfactory to the Secretary. The cost by Congress, whether before or after the in- product sold in or shipped to the United of the survey shall be borne by the State. troduction of any bill or resolution propos- States that is not made in the United States, (e) ADDITIONAL TERMS AND CONDITIONS.— ing such legislation or appropriation: Pro- the person shall be ineligible to receive any The Secretary may require such additional vided, That this shall not prevent officers or contract or subcontract made with funds terms and conditions with respect to the employees of the Department of Transpor- made available in this Act, pursuant to the conveyance under subsection (a), and any tation or related agencies funded in this Act debarment, suspension, and ineligibility pro- easements or rights of way granted under from communicating to Members of Con- cedures described in sections 9.400 through subsection (b)(1), as the Secretary considers gress on the request of any Member or to 9.409 of title 48, Code of Federal Regulations. appropriate to protect the interests of the Congress, through the proper official chan- SEC. 331. Notwithstanding any other provi- United States. nels, requests for legislation or appropria- sion of law, receipts, in amounts determined SEC. 335. Notwithstanding any other provi- tions which they deem necessary for the effi- by the Secretary, collected from users of fit- sions of law, funds appropriated in this or cient conduct of the public business. ness centers operated by or for the Depart- any other Act intended for highway dem- SEC. 327. Not to exceed $1,000,000 of the ment of Transportation shall be available to onstration projects, railroad-highway cross- funds provided in this Act for the Depart- support the operation and maintenance of ings demonstration projects or railroad relo- ment of Transportation shall be available for those facilities. cation projects in Augusta, Georgia are S9160 CONGRESSIONAL RECORD — SENATE July 28, 1998 available for implementation of a project Providence-Boston commuter rail project; (2) in subsection (b)(2)(A), by inserting consisting of modifications and additions to and $500,000 is provided for the Old Saybrook- ‘‘and the State of Vermont’’ after ‘‘within streets, railroads, and related improvements Hartford rail extension project. the State of Oklahoma’’. in the vicinity of the grade crossing of the SEC. 340. (a) LIMITATION ON FUNDS USED TO SEC. 348. Item 1132 in section 1602 of the CSX railroad and 15th Street in Augusta, ENFORCE REGULATIONS REGARDING ANIMAL Transportation Equity Act for the 21st Cen- Georgia. FATS AND VEGETABLE OILS.—None of the tury (112 Stat. 298), relating to Mississippi, is SEC. 336. Notwithstanding any other provi- funds made available by this Act or subse- amended by striking ‘‘Pirate Cove’’ and in- sion of law, no approval from the Secretary quent Acts may be used by the Coast Guard serting ‘‘Pirates’ Cove and 4-lane connector (other than review of the project final de- to issue, implement, or enforce a regulation to Mississippi Highway 468’’. sign) shall be required to construct addi- or to establish an interpretation or guideline SEC. 349. JUDICIAL REVIEW OF CONSTITU- tional entrances and exits between exits 57 under the Edible Oil Regulatory Reform Act TIONAL CLAIMS. (a) EXPEDITED CONSIDER- and 58 for a pilot project to demonstrate a (Public Law 104–55) or the amendments made ATION.—It shall be the duty of a district streamlined process for project implementa- by that Act, that does not recognize and pro- court of the United States and the Supreme tion on Interstate 495 in Suffolk County, vide for, with respect to fats, oils, and Court of the United States to advance on the New York provided such entrances and exits greases (as described in that Act, or the docket and to expedite to the maximum ex- are designed, constructed or otherwise au- amendments made by that Act) differences tent practicable the disposition of any claim thorized by the responsible state transpor- in (1) physical, chemical, biological and challenging the constitutionality of section tation agency through the appropriate state other relevant properties; and (2) environ- 1101(b) of the Transportation Equity Act for environmental process. mental effects. the 21st Century (23 U.S.C. 101 note; 112 Stat. SEC. 337. Notwithstanding and other provi- (B) DEADLINE FOR PROMULGATION OF REGU- 113), whether on its face or as applied. sion of law, the Secretary of Transportation LATIONS.—Not later than March 31, 1999, the (b) APPEAL TO SUPREME COURT.— shall enter into agreements with the New Secretary of Transportation shall issue regu- (1) IN GENERAL.—Notwithstanding any York State Department of Transportation lations amending 33 C.F.R. 154 to comply other provision of law, any order of a district that would allow automotive service stations with the requirements of Public Law 104–55. court of the United States disposing of a or other commercial establishments for serv- SEC. 341. AMENDMENT TO SUBSECTION 1110(a) claim described in subsection (a) shall be re- ing motor vehicle users to be sited and con- OF PUBLIC LAW 96–487, 95 STAT. 2464.—Amend viewable by appeal directly to the Supreme structed in the vicinity of exit 51 and either Subsection 1110(a) of Public Law 96–487, 95 Court of the United States. exits 66, 67, or 68 of the Long Island Express- Stat. 2565 as follows: strike ‘‘airplanes’’ and (2) DEADLINES FOR APPEAL.— way (Interstate 495) in Suffolk County. insert in lieu thereof ‘‘aircraft’’. (A) NOTICE OF APPEAL.—Any appeal under SEC. 338. (a) IN GENERAL.—Section 30113 of SEC. 342. Notwithstanding any other provi- title 49, United States Code, is amended— paragraph (1) shall be taken by a notice of sion of law, funds made available under sec- appeal filed within 10 calendar days after the (1) in subsection (b)— tion 1503 of Public Law 105–178 may be used (A) in paragraph (1), by inserting ‘‘or pas- date on which the order of the district court to support a direct loan of $85,000,000 to the is entered. senger motor vehicles from a bumper stand- city of Reno, Nevada for the Reno Transpor- ard prescribed under chapter 325 of this (B) JURISDICTIONAL STATEMENT.—The juris- tation Corridor project, including the grade dictional statement shall be filed within 30 title,’’ after ‘‘a motor vehicle safety stand- separation of at-grade rail lines and cross ard prescribed under this chapter’’; and calendar days after the date on which the streets with a primarily below-grade cor- order of the district court is entered. (B) in paragraph (3)(A), by inserting ‘‘or ridor. (3) STAYS.—No stay of an order described in chapter 325 of this title (as applicable)’’ after SEC. 343. Within the $25,511,000,000 obliga- paragraph (1) shall be issued by a single Jus- ‘‘this chapter’’; tion limitation on the federal-aid highway tice of the Supreme Court. (2) in subsection (c)(1), by inserting ‘‘, or a program, funds allocated or authorized from (c) APPLICABILITY.—Subsections (a) and (b) bumper standard prescribed under chapter the highway trust fund, in Public Law 105– shall apply with respect to any claim filed 325 of this title,’’ after ‘‘motor vehicle safety 178 for Miller Highway in New York City, after June 9, 1998, but before June 10, 1999. standard prescribed under this chapter’’; New York shall be made available to the SEC. 350. The change in definition for Am- (3) in subsection (d), by inserting ‘‘(includ- State of New York subject to the State and trak capital expenses shall not affect the ing an exemption under subsection local planning and environmental review legal characteristics of capital and operating (b)(3)(B)(i) relating to a bumper standard re- process. ferred to in subsection (b)(1))’’ after ‘‘sub- SEC. 344. Notwithstanding any provision of expenditures for purposes of Amtrak’s re- section (b)(3)(B)(i) of this section’’; and law, the Secretary of Transportation is here- quirement to eliminate the use of appro- (4) in subsection (h), by inserting ‘‘or by authorized to waive repayment of any priated funds for operating expenses accord- bumper standard prescribed under chapter Federal-aid highway funds expended on the ing to Public Law 105–134. No funds appro- 325 of this title’’ after ‘‘each motor vehicle construction of high occupancy vehicle lanes priated for Amtrak in this Act shall be used safety standard prescribed under this chap- or auxiliary lanes on I–287 in the State of to pay for any wage, salary, or benefit in- ter’’. New Jersey. Such waiver shall not be grant- creases that are a result of any agreement (b) CONFORMING AMENDMENTS.— ed by the Secretary until such time as the entered into after October 1, 1997: Provided, (1) Section 32502(c) of title 49, United Secretary is assured by the State of New Jer- That nothing in this Act shall affect Am- States Code, is amended— sey that removal of the high occupancy vehi- trak’s legal requirements to maintain its (A) in the matter preceding paragraph (1), cle restrictions on I–287 is in the public in- current system of accounting under Gen- by striking ‘‘any part of a standard’’ and in- terest. erally Accepted Accounting Principles: Pro- serting ‘‘all or any part of a standard’’; SEC. 345. MODIFICATION OF SUBSTITUTE vided further, That no later than 30 days after (B) in paragraph (1), by striking ‘‘or’’ at PROJECT IN WISCONSIN. Section 1211 of the the end of each quarter beginning with the the end; Transportation Equity Act for the 21st Cen- first quarter in fiscal year 1999, Amtrak shall (C) in paragraph (2), by striking the period tury is amended by adding at the end the fol- submit to the Amtrak Reform Council and and inserting ‘‘; or’’; and lowing: the Senate Committee on Appropriations, (D) by adding at the end the following: ‘‘(o) MODIFICATION OF SUBSTITUTE PROJECT and the Senate Committee on Commerce, ‘‘(3) a passenger motor vehicle for which an IN WISCONSIN.—Section 1045(a) of the Inter- Science, and Transportation, a reporting of application for an exemption under section modal Surface Transportation Efficiency Act specific expenditures for preventative main- 30013(b) of this title has been filed in accord- of 1991 (as amended by subsection (n) of this tenance, labor, and other operating expenses ance with the requirements of that section.’’. section) is amended in paragraph (2)— from amounts made available under this Act, (2) Section 32506(a) of title 49, United ‘‘(1) by inserting ‘after consultation with and Amtrak’s estimate of the amounts ex- States Code, is amended by inserting ‘‘and appropriate local government officials,’ after pected to be expended for such expenses for section 32502 of this title’’ after ‘‘Except as ‘Wisconsin,’; and the remainder of the fiscal year. provided in this section’’. ‘‘(2) by striking ‘shall’ and inserting SEC. 351. Section 3 of the Act of July 17, SEC. 339. Of the funds made available under ‘may’.’’. 1952 (66 Stat. 746, chapter 921), and section 3 this Act for capital investment grants, SEC. 346. Discretionary grants funds for bus of the Act of July 17, 1952 (66 Stat. 571, chap- $20,000,000 is provided for the Norfolk-Vir- and bus-related facilities made available ter 922), are each amended in the proviso— ginia Beach Corridor project; $1,500,000 is under Public Law 105–66 and its accompany- (1) by striking ‘‘That’’ and all that follows provided for the Massachusetts North Shore ing conference report for the Virtual Transit through ‘‘the collection of’’ and inserting Corridor project; $5,000,000 is provided for the Enterprise project may be used to fund any ‘‘That the commission may collect’’; and San Diego Mission Valley and Mid-Coast aspect of the Virtual Transit Enterprise in- (2) by striking ‘‘, shall cease’’ and all that Corridor projects; $3,300,000 is provided for tegration of information project in South follows through the period at the end and in- the Hartford, CT light rail project; $200,000 is Carolina. serting a period. provided for the Southeast Michigan com- SEC. 347. Section 3021 of the Transportation SEC. 352. Section 1212(m) of Public Law 105– muter rail viability study; $2,000,000 is pro- Equity Act for the 21st Century (Public Law 178 is amended— (1) in the subsection head- vided for the major investment analysis of 105–178) is amended— ing, by inserting ‘‘, Idaho and West Virginia’’ Honolulu transit alternatives; $2,700,000 is (1) in subsection (a), by inserting ‘‘or the after ‘‘Minnesota’’; and (2) by inserting ‘‘or provided for the Stamford, CT fixed guide- State of Vermont’’ after ‘‘the State of Okla- the States of Idaho or West Virginia’’ after way connector; $3,500,000 is provided for the homa’’; and ‘‘Minnesota’’. July 28, 1998 CONGRESSIONAL RECORD — SENATE S9161

SEC. 353. PROHIBITIONS AGAINST SMOKING ON Cemetery System that is located in the prox- Whereas, by the privileges of the Senate of SCHEDULED FLIGHTS. (a) IN GENERAL.—Sec- imity of any Federal-aid highway, there is the United States and Rule XI of the Stand- tion 41706 of title 49, United States Code, is sufficient and appropriate signage along that ing Rules of the Senate, no evidence under amended to read as follows: highway to direct visitors to that cemetery. the control or in the possession of the Senate ‘‘§ 41706. Prohibitions against smoking on (c) STATE HIGHWAYS.—Nothing in sub- may, by the judicial process, be taken from scheduled flights section (b) is intended to affect the provision such control or possession but by permission of signage by a State along a State highway of the Senate; ‘‘(a) SMOKING PROHIBITION IN INTRASTATE to direct visitors to a cemetery of the Na- Whereas, when it appears that evidence AND INTERSTATE AIR TRANSPORTATION.—An tional Cemetery System. under the control or in the possession of the individual may not smoke in an aircraft on This Act may be cited as the ‘‘Department Senate may promote the administration of a scheduled airline flight segment in inter- of Transportation and Related Agencies Ap- justice, the Senate will take such action as state air transportation or intrastate air propriations Act, 1999’’. will promote the ends of justice consistently transportation. with the privileges of the Senate: Now, ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR f therefore, be it TRANSPORTATION.—The Secretary of Trans- portation shall require all air carriers and AUTHORIZING TESTIMONY AND Resolved, That Kathy Tipton is authorized foreign air carriers to prohibit, on and after REPRESENTATION OF SENATE to testify in the case of State of Tennessee v. the 120th day following the date of the enact- EMPLOYEE Ronald W. Byrd, except concerning matters ment of this section, smoking in any aircraft for which a privilege should be asserted. Mr. CAMPBELL. Mr. President, I ask SEC. 2. The Senate Legal Counsel is author- on a scheduled airline flight segment within unanimous consent that the Senate the United States or between a place in the ized to represent Kathy Tipton in connection United States and a place outside the United proceed to the immediate consider- with the testimony authorized in section one States. ation of S. Res. 258, submitted earlier of this resolution. ‘‘(c) LIMITATION ON APPLICABILITY.—With today by Senators LOTT and DASCHLE. f respect to an aircraft operated by a foreign The PRESIDING OFFICER. The ORDERS FOR WEDNESDAY, JULY air carrier, the smoking prohibitions con- clerk will report. tained in subsections (a) and (b) shall apply The legislative clerk read as follows: 29, 1998 only to the passenger cabin and lavatory of A resolution (S. Res. 258) to authorize tes- Mr. CAMPBELL. Mr. President, I ask the aircraft. If a foreign government objects timony and representation of Senate em- unanimous consent that when the Sen- to the application of subsection (b) on the ployee in State of Tennessee v. Ronald W. ate completes its business today, it basis that it is an extraterritorial applica- Byrd. tion of the laws of the United States, the stand in adjournment until 9:30 a.m. on Secretary is authorized to waive the applica- The PRESIDING OFFICER. Is there Wednesday, July 29. I further ask unan- tion of subsection (b) to a foreign air carrier objection to the immediate consider- imous consent that when the Senate licensed by that foreign government. The ation of the resolution? reconvenes on Wednesday, immediately Secretary of Transportation shall identify There being no objection, the Senate following the prayer, the routine re- and enforce an alternative smoking prohibi- proceeded to consider the resolution. quests through the morning hour be tion in lieu of subsection (b) that has been Mr. LOTT. Mr. President, this resolu- granted and the Senate then resume negotiated by the Secretary and the object- consideration of S. 2312, the Treasury- ing foreign government through a bilateral tion concerns a request for testimony negotiation process. in a criminal trespass action pending Postal appropriations bill. ‘‘(d) REGULATIONS.—The Secretary shall in the Court of General Sessions for The PRESIDING OFFICER. Without prescribe regulations necessary to carry out Sullivan County, Tennessee. The case objection, it is so ordered. this section.’’. involves an incident at Senator FRED Mr. CAMPBELL. I further ask unani- (b) EFFECTIVE DATE.—The amendment THOMPSON’S Blountville office in which mous consent that after the clerk re- made by subsection (a) shall take effect on an individual refused to leave the ports the bill, Senator ASHCROFT be the 60th day following the date of enactment premises and was arrested by public recognized to offer an amendment re- of this Act. garding the marriage penalty. SEC. 354. HAZARDOUS MATERIALS. In the safety personnel for trespassing. The case of a State that, as of the date of enact- State is seeking testimony from the The PRESIDING OFFICER. Without ment of this Act, has in force and effect Senator’s caseworker who has knowl- objection, it is so ordered. State hazardous material transportation edge of these events. Mr. CAMPBELL. I further ask unani- laws that are inconsistent with Federal haz- This resolution would authorize the mous consent that the Senate stand in ardous material transportation laws with re- caseworker to testify, except where a recess on Wednesday from 12:30 p.m. to spect to intrastate transportation of agricul- privilege should be asserted, with rep- 2:15 p.m. to allow the weekly party tural production materials for transpor- caucuses to meet. tation from agricultural retailer to farm, resentation by the Senate Legal Coun- farm to farm, and from farm to agricultural sel. The PRESIDING OFFICER. Without retailer, within a 100-mile air radius, such in- Mr. CAMPBELL. Mr. President, I ask objection, it is so ordered. consistent laws may remain in force and ef- unanimous consent that the resolution Mr. DOMENICI. Reserving the right fect for fiscal year 1999 only. be agreed to; that the preamble be to object, Mr. President, I ask the SEC. 355. REIMBURSEMENT FOR SALARIES agreed to; that the motion to recon- chairman if he is stating which amend- AND EXPENSES. The National Transportation sider be laid upon the table; and that a ments can be offered and no others. Safety Board shall reimburse the State of statement of explanation appear at the Mr. CAMPBELL. No. New York and local counties in New York Mr. DOMENICI. I thank the chair- during the period beginning on June 12, 1997, appropriate place in the RECORD. and ending on September 30, 1999, an aggre- The PRESIDING OFFICER. Without man. gate amount equal to $6,059,000 for costs (in- objection, it is so ordered. f cluding salaries and expenses) incurred in The resolution (S. Res. 258) was PROGRAM connection with the crash of TWA Flight 800. agreed to. SEC. 356. SIGNAGE ON HIGHWAYS WITH RE- The preamble was agreed to. Mr. CAMPBELL. Mr. President, for SPECT TO THE NATIONAL CEMETERY SYSTEM. The resolution, with its preamble, is the information of all Senators, when (a) DEFINITIONS.—In this section: as follows: the Senate reconvenes on Wednesday, (1) FEDERAL-AID HIGHWAY.—The term ‘‘Fed- Senator ASHCROFT will be recognized to eral aid highway’’ has the meaning given S. RES. 258 that term in section 101 of title 23, United Whereas, in the case of State of Tennessee v. offer his marriage penalty amendment. States Code. Ronald W. Byrd, Case No. S 113068, pending in It is hoped that following approxi- (2) NATIONAL CEMETERY SYSTEM.—The term the Court of General Sessions for Sullivan mately 2 hours of debate on the amend- ‘‘National Cemetery System’’ means the Na- County, Tennessee, testimony has been re- ment, the Senate will vote on a motion tional Cemetery System, which is managed quested from Kathy Tipton, an employee in to table the Ashcroft amendment. Fol- by the Secretary of Veterans Affairs. the office of Senator Fred Thompson; lowing that vote, it is hoped that Mem- (3) STATE.—The term ‘‘State’’ has the Whereas, pursuant to sections 703(a) and bers will come to the floor to offer and meaning given that term in section 101 of 704(a)(2) of the Ethics in Government Act of debate remaining amendments to the title 23, United States Code. 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the (b) FEDERAL-AID HIGHWAYS.—The Secretary Senate may direct its counsel to represent Treasury bill. of Transportation may encourage States to employees of the Senate with respect to any Upon disposition of the Treasury ap- take such action as may be necessary to en- subpoena, order, or request for testimony re- propriations bill, the Senate may begin sure that, for each cemetery of the National lating to their official responsibilities; consideration of the foreign operations S9162 CONGRESSIONAL RECORD — SENATE July 28, 1998 appropriations bill, health care reform, tempts to complete its work prior to fore the Senate, I now ask unanimous any other appropriations bills or con- the August recess. consent that the Senate stand in ad- ference reports as available and any f journment under the previous order. other legislative or executive items ADJOURNMENT UNTIL 9:30 A.M. There being no objection, the Senate, cleared for action. Therefore, Members TOMORROW at 6:58 p.m., adjourned until Wednes- should expect a late night session with Mr. CAMPBELL. Mr. President, if day, July 29, 1998, at 9:30 a.m. votes on Wednesday, as the Senate at- there is no further business to come be-