Senate the Senate Met at 9:15 A.M., and Was Islation

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, THURSDAY, MAY 9, 1996 No. 64 Senate The Senate met at 9:15 a.m., and was islation. A cloture motion was filed on peal starts to at least give some of the called to order by the President pro the pending Dole amendment to that money back to American families and tempore [Mr. THURMOND]. measure, with that cloture vote occur- also helps them along with their sav- ring on Friday, unless agreement can ings, and with the education of their PRAYER be reached otherwise. Rollcall votes young folks. The Chaplain, Dr. Lloyd John are, therefore, possible during today’s Also, let us talk a little bit about Ogilvie, offered the following prayer: session. Leader time shall be reserved. Government regulation this morning. Flextime. What we have been talking Dear God, ultimate Judge of us all, f free us from the condemnatory judg- about is the ability—and the TEAM Act—of people, of employers and em- ments that elevate ourselves and put AMERICAN FAMILIES NEED HELP ployees, sitting down and ironing out others down when they do not agree Mr. BURNS. Mr. President, I come to some of the factors in a workplace that with us. Sometimes, we think our dis- the floor this morning, again, with make a company go. That is what we agreement justifies our lack of prayer America on my mind and American are doing here, and talking about what for them. Often we self-righteously ne- families on my mind. Today, they are is wrong with this communication be- glect in our prayers the very people working harder and they are worrying tween an employee and an employer. who most need Your blessing. Give us more about job stability, and they are What is wrong with some of them set- the prophet Samuel’s heart to say, wondering about what the future holds, ting some rules and some parameters ‘‘Far be it from me that I should sin especially when this Government which help not only the employee but against the Lord in ceasing to pray for wants to call all of the rules and regu- the employer and also help the com- you.’’—I Samuel 12:23. Awaken us to lations from here throughout the coun- pany to survive? the danger for our spiritual lives that try. Home office deduction telecom- results from neglect of prayer for our Most families live from paycheck to muters. We fought very hard for that. I adversaries. Make us intercessors for paycheck, and they struggle every think back in 1991 or 1992, we put an all those You have placed on our month just to make ends meet. They amendment in the Transportation Act hearts—even those we previously have are frustrated because the money they that says we ought to study the impact castigated with our judgments. We ac- used to be able to live on does not get of folks who stay home and do their cept Your authority: ‘‘Judgment is to the end of the month. Some would work because they have new tech- mine, says the Lord.’’ I pray this in the say, ‘‘There is a lot of month left over nology such as computers, such as fax name of Jesus, who taught us, ‘‘Judge at the end of the money.’’ Families, machines, such as telephones. So we not, and you shall not be judged. Con- from Montana to Maine, want freedom said, do a study and see what impact demn not, and you shall not be con- from Washington and the crushing bur- that has on our transportation system demned. Forgive, and you will be for- den it puts on the backs of all Ameri- and on our highways because right now given.’’—Luke 6:37. Amen. cans. we know we cannot outbuild the roads f Let us talk about taxes first, as we to stay ahead of America’s love for the have been doing all week. We need to RECOGNITION OF THE ACTING automobile. give some of the 1993 tax increases MAJORITY LEADER So what is wrong with having a des- back to families. That is what repeal of ignated spot in a home in telecom- The PRESIDING OFFICER (Mr. the 4.3-cent gas tax would do. muting maybe where even the employ- CAMPBELL). The Senator from Montana I thought a lot of the comments yes- ees here in Washington who did not is recognized. terday of my friend from Missouri, want to come up I–395—as you know, I– Mr. BURNS. I thank the Chair. when he says, ‘‘Let us give it back to 395 from 6 o’clock in the morning until f the people.’’ This really stresses people about 9 o’clock in the morning has who have to go to work every day, and been termed the world’s largest park- SCHEDULE it goes to people that will not work. ing lot. What is the impact on the envi- Mr. BURNS. Mr. President, today That is not fair. These are the people ronment? What is the impact on our there will be a period for morning busi- that are trying to make America work. fuel consumption, and on energy con- ness until the hour of 10 a.m. Tax freedom day is now after 128 days sumption? Following morning business, the Sen- because of that big tax increase in 1993. Why can we not look at our tax ate will resume consideration of H.R. Total taxes are now running around bracket and say, ‘‘OK. Maybe you can 2937, the White House Travel Office leg- 38.2 percent on family income. This re- stay home maybe 1 or 2 days out of

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

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VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4884 CONGRESSIONAL RECORD — SENATE May 9, 1996 every week and still get your work this administration to lift the arms President Clinton decided that the done, still be in contact, still commu- embargo against the Bosnian Govern- United States would neither approve nicate with everybody in the office and ment. I want to explain why I come to nor object to such shipments. Amer- your customers or people in other the conclusion that what the President ican diplomats told the Croatian Gov- places.’’ did in April 1994 was not simply not ernment in response to their question What is wrong with the TEAM Act? wrong, but, in fact, I believe it was the that they had ‘‘no instructions’’ on the What is wrong with making these right and moral decision to make. matter. That, I feel very strongly, was kinds of agreements for a better work- Let me go back to that time in early the right decision diplomatically and place? Where I come from, the people I 1994. In January 1994, we passed an morally, for to have done otherwise am talking to sure want higher wages. amendment, supported by the majority would have meant that the United The Government got their increase. In leader and myself and many others on States was not simply refusing to sup- 1993, it was taken away from you; stag- both sides of the aisle, which expressed ply arms itself to the Bosnian Govern- nated wages. If you look at a State like the sense of the Senate—because it is ment, was not simply at that point en- Montana, everybody wants to put the all we could manage to convince our forcing to the extent it was able the miners out of business where the best colleagues to support—a sense of the embargo against the Bosnians, but was blue-collar jobs in Montana are in nat- Senate that we should lift the arms in fact demanding that other countries ural resources and the management of embargo on the Bosnian Government that wanted to allow arms to go to the natural resources. by an 87-to-9 vote. That was a vote here Bosnians not be allowed to do so. The PRESIDING OFFICER. The Sen- in this Chamber. That vote expressed Some critics now insist that in mak- ator’s time has expired. the growing disgust, fury, and frustra- ing that decision the administration Mr. BURNS. So this morning, Mr. tion by most of us here in this Cham- undertook covert action without re- President, I ask that we take a long ber, if not people throughout the coun- porting to Congress. That is a quasi- try and the world, that acts of aggres- look at the total picture of families legal argument invoking, I suppose, sion and genocide were occurring, pri- and what makes them tick. How do we memories of Iran-Contra, and I wish to marily by the Serbs against the Bos- secure their wages? How do we give explain why I feel there was not covert nian people, and not only was the them some permanence, and how do we action here. In fact, it was neither cov- world just standing by, but we were contribute to a better life for families ert nor was it action. prohibiting the Bosnian people from rein all of America? Let me make clear, too, that unlike ceiving the arms necessary to exercise Mr. President, I yield the floor. the Iran-contra episode, there was here their fundamental right of self-defense. The PRESIDING OFFICER. Under no mandate from Congress not to sup- That was in January of 1994 that the the previous order, the Senator from ply aid as there was in the case of aid Senate spoke. Connecticut has reserved 15 minutes. In the spring of 1994, Bosnia was in to the contras. In fact, here there was Mr. LIEBERMAN. I thank the Chair. dire straits. The newly established fed- growing support in Congress to have I thank my colleague. eration joining the Bosniacs and the the United States Government either f Croats was in a very precarious state. supply arms to the Bosnians or at least, as happened later in the year, to ARMS SHIPMENTS TO BOSNIA The Bosnian Moslems in Gorazde, Sara- jevo, and elsewhere were under siege, stop enforcing this immoral embargo. FROM ISLAMIC COUNTRIES Why do I say this was neither covert Mr. LIEBERMAN. Mr. President, a and not just casual siege but siege that threatened wide-scale death, destruc- nor was it action? In legal terms, the few days ago, on Tuesday of this week, tion, and defeat. The Bosnians again, administration decided to take no posi- a number of colleagues rose to express confronted by a foe with immense ad- tion, give no instruction on the deliv- criticism of the actions of the Clinton vantage and heavy weaponry, were, ery of arms through Croatia to Bosnia administration with regard to arms under an embargo passed in 1992 before from Islamic countries including Iran. shipments from Islamic countries, in- the war broke out to try to stop the That does not constitute action. The cluding Iran, across Croatia to supply war from breaking out, denied by the State Department has made it very the Bosnian Army and the decision international community the means to clear that the United States had no made not to intervene by this adminis- defend themselves. contact with Iran on this matter and tration in April 1994. Yesterday, our I said then repeatedly, as others did took absolutely no action to facilitate colleagues in the other body voted to in this Chamber, that that embargo these shipments. So I do not see how appropriate $1 million to conduct a for- was unjust and immoral. Major cities this can be construed as action by our mal investigation of this incident, in Bosnia were threatened with being Government which would require for- which has been referred to as Iran-Bos- overrun by the Serbs. In fact, the Bos- mal reporting to Congress under rel- nia. nian-Croat Federation was on the edge evant law. Mr. President, as far as I am con- of defeat and annihilation. Second, and very importantly, this cerned, the suggestion here that what Against that backdrop, in April 1994, decision was by no means covert. While happened in April 1994 with the Clinton the Croatian Government asked the my colleagues who have been critical administration bore any resemblance United States, through diplomatic of late of the decision have acted, I pre- to the Iran-Contra affair is wrong. channels, whether the United States sume, on the basis of an article which There is simply no connection between Government would object if Croatia appeared early in April of this year, the two. As my colleagues in the Sen- were to allow arms shipments to go 1996, in the Los Angeles Times about ate know, for quite a long time—1993, through its country, Croatia, to the the President’s decision, the fact is 1994, 1995—I was very critical of this Bosnian Government from other coun- that the decision made by the Presi- administration’s inability to lift the tries, primarily Islamic countries, in- dent and the administration in 1994 to arms embargo multilaterally, pref- cluding Iran. In fact, as I mentioned Is- give no instructions to the Croatians erably, but unilaterally if necessary. lamic countries, there is some reason on the question of Islamic shipments of But for the very reasons that led me to to believe that not just Iran, although arms to the Bosnians across their terri- work, on a bipartisan basis, with the that for understandable reasons con- tory should have been known to all of Senate majority leader and others to cerns us, but also Turkey, perhaps Ma- us and certainly should not be con- urge this administration to mandate fi- laysia, perhaps including, with the sup- strued as news. nally that the arms embargo against port of our allies, Saudi Arabia, sup- The leadership of the Congress and Bosnia be lifted, I find the criticism of plied arms to the Bosnians in transit the relevant committees and their the administration and the President through Croatian territory. The ques- staffs have and at that time and from with regard to the decision made in tion then posed to the Clinton adminis- the beginning of the war in Bosnia had April 1994 to be way off base, to be un- tration by this diplomatic query from routine access to the very same intel- fair, to be a bum rap. It is, in fact, Croatia was, should the United States ligence information about the Islamic quite the opposite of what was implied at that point have acted forcefully to arms shipments that was seen by ad- and expressed by all of us who worked require the Croatians to stop those ministration officials early in 1994, so hard to convince our colleagues and arms from going to the Bosnians? and, in fact, before. No one, to my

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4885 knowledge, urged the administration ate adopted an amendment offered by Then we came to 1995, growing con- to take any steps at that time to stop the Senator from Georgia, Mr. NUNN, cern about the course of the war, and the arms from reaching the Bosnians. and then Senate majority leader, Sen- finally Senator DOLE and I, and our co- Arms shipments from Iran and the ator Mitchell, as an amendment to the sponsors, were able to receive majority other countries to Bosnia, facilitated fiscal year 1995 Defense authorization support here in this Chamber and in by Croatia, which incidentally took its bill which called for multilateral lift- the other body for mandating a unilat- share of these weapons, in fact, became ing of the arms embargo but, more rel- eral lifting of the arms embargo public knowledge in a Washington Post evant to the present controversy, man- against the Bosnians. Srebrenica fell; a article on May 13, 1994, approximately 1 dated the end of any American involve- slaughter occurred there. With that in month after the administration made ment in enforcing the international the public’s mind, and being able to say the decision to give no instructions to arms embargo on the Bosnian Govern- to our allies in Europe that Congress the Croatians. Again, we heard, and the ment. was about to force him to lift the arms record shows, no calls from anyone to In October 1994, Senator DOLE and I embargo unilaterally, the President stop those shipments of arms. and our cosponsors, unfortunately, was able to gain the allies’ support for In June 1994, 1 month later and 2 could not gain enough votes to pass our the NATO airstrikes which brought the months after the decision made by the legislation mandating unilateral lift- Serbs to the negotiating table at Bos- administration, our colleague from Ar- ing of the arms embargo, but in re- nia, which stopped the war and then izona, Senator MCCAIN, speaking force- sponse to our efforts the Congress led to the 60,000-person implementation fully for the lifting of the arms embar- adopted the Nunn-Mitchell provision as force now there in Bosnia, with 20,000 go denying the Bosnian Government part of the fiscal year 1995 National De- Americans, whose presence, inciden- the right to self-defense, shared with us fense Authorization Act. So we in this tally, was ratified in a bipartisan vote all—and it is printed in the CONGRES- body and our colleagues in the other here in which the Senate majority SIONAL RECORD—a June 24, 1994, Wash- body made it illegal, against the law, leader, in an extraordinary act of bi- ington Times story entitled ‘‘Iranian for the United States to use appro- partisanship, nonpartisanship, gave his Weapons Sent Via Croatia—Aid to Mos- priated funds to enforce the arms em- support to that presence. lems Gets U.S. ’Wink.’’’ The whole bargo. So I say, in conclusion, that to criti- story was told 2 years ago, 2 months So since November 1994, the Clinton cize the Clinton administration, Presi- after the administration’s decision. I administration has been prohibited dent Clinton, for their decision not to urge my colleagues to look at that ar- from acting to intercept arms ship- protest the flow of arms to Bosnia in ticle. Thus, the Congress and the public ments to Bosnia from Iran or anybody April 1994 is unfair and inconsistent not only knew of Iranian arms ship- else, exactly the decision made in April with the position that so many of us ments to Bosnia, but we also knew of 1994 by the administration. In that took that, in fact, the arms embargo President Clinton’s decision not to act sense, the decision was ratified by the should be lifted. The decision the to stop those shipments nearly 2 years Congress. President made was, in my opinion, ago. Mr. President, let me make clear moral. It would have been outrageously On April 14 and 15, 1995, a little more that I share the concern expressed by immoral to have watched aggression than a year ago, a year after the deci- my colleagues who spoke the other and genocide continue in Bosnia and sion was made by the administration, day, and other times, about the contin- have done nothing—in fact, not only to the Washington Post reported exten- ued Iranian presence and influence in have done nothing, but to have acted sively on the President’s decision not Bosnia. In fact, the Senate majority to stop others from doing something to to stop arms shipments destined to the leader and I raised this concern in a help the victims of that aggression and Bosnian Government, and still, I think letter we sent a few months ago to that genocide. for understandable reasons, there was President Izetbegovic of Bosnia. I be- Finally, in the struggle many of us no clamor for the United States to stop lieve there has been a response to that made here on a bipartisan, nonpartisan those shipments. In fact, the Wash- letter. But, of course, what I am saying basis to change the course of this war, ington Post, in an editorial on April 16 here is that we need to see the results I think we had a substantial effect. It of 1995 entitled ‘‘Arms For Bosnia,’’ en- and the content of the administration’s was, in my opinion, some of the finest hours of this Chamber in affecting the dorsed President Clinton’s decision decision of April 1994 beyond the unfor- course of foreign policy and world saying that the risk of Iranian influ- tunate but, after all, very limited, con- events, stopping aggression and geno- ence was ‘‘A risk worth taking to serve tinued presence of Iran in Bosnia. cide, and preserving stability in Eu- what ought to be regarded as the polit- The supply of arms to Croatia and Bosnia by Islamic countries in 1994 and rope. ical and moral core of American policy I hope we will not sully that extraor- before in fact changed the military bal- to render as much support as possible dinary record of nonpartisanship with ance in the former Yugoslavia. As a re- to the Bosnian Muslims.’’ a kind of partisanship in hindsight, So there can be no doubt that we all sult, the Bosniacs and Croats were able which is unjustified by the facts and knew or should have known about the to defend their people and their terri- inconsistent with the bipartisan lead- Iranian arms shipments to Bosnia and tory and even reverse Serb gains. I certainly—and I am sure most of ership of this Chamber on this matter. the shipments from other Islamic coun- I thank my colleagues, and I yield my colleagues—would much rather tries 2 years ago, and we all knew or the floor. should have known of the President’s have seen the arms embargo lifted and decision not to try to stop those ship- the arms supplied to the Bosnian Gov- f ments in the spring of 1994. And during ernment by the United States or other EXTENSION OF MORNING that whole time the Senate and the friendly countries other than Iran. It is BUSINESS House of Representatives did not call clear to me—it was then—that the Bos- Mr. REID. Mr. President, I am won- for U.S. action to stop those ship- nian Government would have preferred dering, could we extend the time for ments. that outcome, but just as a drowning morning business. We have more time Therefore, Mr. President, I conclude person cannot be particular about who requested than time allotted for morn- that these shipments were by no means has thrown him a life jacket, a dying ing business. So I would ask that we covert. In fact, not only were they not nation, a nation under death siege, as extend morning business. covert, they were not wrong, and short- Bosnia was at that time, cannot be par- The PRESIDING OFFICER. The Sen- ly thereafter we in Congress expressed ticular about who gives it arms. With- ator can ask unanimous consent to ex- our agreement with that conclusion. out the supply of those arms, the tend morning business. Later, in 1994—in fact, in August 1994, Serbs, in my opinion, would have com- Mr. REID. I ask unanimous consent on August 11, 1994—with pressure build- pleted their campaign of territorial ag- that we extend morning business for an ing here for support of the resolution gression, ethnic cleansing. With these additional 10 minutes. that Senator DOLE and I and others arms, the Bosniacs and Croats cooper- The PRESIDING OFFICER. Is there were advancing to lift the arms embar- ated to hold the Serbs in place—in fact, objection? Without objection, it is so go, unilaterally if necessary, the Sen- to reverse some Serb gains. ordered.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4886 CONGRESSIONAL RECORD — SENATE May 9, 1996 The PRESIDING OFFICER. The Sen- have had 4 years in a row with a declin- would find that Nos. 1, 2, 3, 4, and 5 ator from Nevada [Mr. REID] is recog- ing deficit. were Democrats. The bottom five were nized for 5 minutes. The lowest combined rate of unem- Republican Presidents. Mr. REID. Mr. President, the Demo- ployment and inflation since 1968. If you want to look at that same list cratic floor leader is in the Chamber. Strongest job growth. In fact, it is a of Democratic Presidents, you would He has 25 minutes reserved. stronger job growth than any Repub- find that they also led from 1 to 5 in I ask unanimous consent that I have lican administration since the 1920’s. economic growth. I think it is impor- 10 minutes of the 25 minutes the floor Nearly 8.5 million new jobs added in tant that we here on the Senate floor leader has reserved. just over 3 years. That is a faster an- make sure the record is clear and not The PRESIDING OFFICER. Without nual rate of growth than from any Re- try to frighten the American public. objection, it is so ordered. publican administration since the We acknowledge that we need to do Mr. REID. I also ask the Parliamen- 1920’s. better. We acknowledge that we have tarian to inform me when I have used Mr. President, we have heard a lot of problems that need to be looked into. 10 minutes. talk in years gone by about the Federal We believe that the minimum wage f employment being too high. President should be raised. We believe that it is Reagan, when he was Governor, used to not a question of making sure that A HEALTHY ECONOMY rail about how big the Government teenagers that work at McDonalds get Mr. REID. Mr. President, I quote was. Yet while he was Governor of Cali- paid more, because the vast majority of from the majority leader of the U.S. fornia, the government of California the people who earn minimum wage are Senate in late February of this year, got bigger and bigger. When he got off not teenagers. Sixty percent of the peo- when he stated, ‘‘It is also true’’—said his job of being Governor, he had a ple who earn minimum wage are Senator DOLE—‘‘as some have said, radio program, and about one out of women, and for 40 percent of those that our economy is the strongest it every two programs dealt with how big women, that is the only money they has been in 30 years.’’ the Federal Government was. It is in- get for them and their families. The business publication, Barron’s teresting to note, when President We believe one of the ways we can magazine, that is looked upon with Reagan was President, the Government make the economy better is to raise favor by the business community and got bigger and bigger. the minimum wage. Why? Because it has been for many, many years says: Vice President GORE, in this adminis- will tend to force people off welfare and In short, Clinton’s economic record is re- tration, was given the job to cut back cause people not to go on welfare. We markable. Clinton rightfully boasted that the size of Government. The Govern- need to do better, but we are doing our economy is the healthiest it’s been in 30 ment has been cut back. It is not well. The so-called misery index, the years. talked about. We have over 200,000 combined rate of unemployment and This came, Mr. President, late in fewer Federal jobs than we had 3 years inflation, is at its lowest level since March of this year. DRI McGraw-Hill, ago. That is a cutback that is stag- 1968. We think that is good. late March of this year: gering. The smallest work force since Car manufacturing. The United The normal economic indicators suggest the days of President Kennedy. Highest States is in the world lead. In 1994, the that the economy is in its best shape in dec- share of jobs in the private sector United States surpassed Japan as the ades. again since the 1920’s. And 93 percent of world leader in automobile production. Mr. President, the statements that I all new jobs have been created by the The last time the United States was have given here, the quote from the private sector. No. 1 was way back in 1979. In 1995 and majority leader of the U.S. Senate, We have had the lowest inflation dur- 1996, America has and will retain its from Barron’s magazine, and from DRI ing any administration since the days status as the world’s largest producer McGraw-Hill are not publications of of Kennedy, the strongest industrial of cars. There have been times in the the Democratic National Committee. production growth in 30 years. The in- history of our country when the busi- We could not go further from the dustrial production has grown almost 4 ness sector has done as well, but never Democratic National Committee than percent annually. That is faster than have they done any better. Economic the majority leader of the U.S. Senate, any administration since the days of numbers point to the business commu- Barron’s magazine, and McGraw-Hill, Lyndon Johnson. nity as being very happy with what is yet each of these state that the econ- Strongest business investment going on. omy is the best it has been in decades. growth for an administration since the We can look at areas where not ev- I am the first to acknowledge that we days of John Kennedy. Business invest- eryone can enjoy this, but a family can do better. But we are doing pretty ment has grown almost 11 percent an- that invested money in the stock mar- good. We are doing real well. The rea- nually. As I have indicated, that is a ket—— son I want to talk about this this faster rate of business investment The PRESIDING OFFICER. The morning is I understand from listening growth than any administration since Chair informs the Senator he has and watching very closely what has John Kennedy was President. reached the 8-minute mark. transpired in this Chamber, especially Lowest mortgage rates in 30 years. Mr. REID. I thank the Chair. on the other side of the aisle, that Strongest stock market growth since A family that invested money in the there is some tendency to talk about World War II. Highest home ownership stock market, under the Clinton ad- how bad we are doing. in 15 years. Strongest construction ministration, for example, if they in- The economy is on fire. The economy growth since Truman was President. vested $10,000, they would get almost a is doing well. These are not state- Almost 900,000 new construction jobs 50-percent return on that money, in ments. They are based upon statistics. have been created in just over 3 years. fact a little over 50-percent return. The smallest deficit share of our econ- That is the fastest annual rate of con- Jobs have been added, as I have indi- omy since 1979. This will be the fourth struction since Harry Truman was cated, and the fact of the matter is, year in a row where we have had a de- President. Mr. President, they have been good clining deficit. I, Mr. President, last It is no wonder that Barron’s maga- jobs, high-wage jobs. Over 60 percent of year with pride talked about it was the zine says: the jobs added have been high-wage third year in a row where we had a de- Clinton has rightfully boasted that our jobs. clining deficit, the first time in 50 economy is the healthiest it’s been in 30 So we have work to do. We have a lot years we had 3 years in a row with a de- years. more that we can do. There are a lot of clining deficit. Mr. President, we have had 10 Presi- people not enjoying the success of the I said then, as I say now, it should be dents since the Second World War. If economy that is doing so well. We have smaller, but 3 years in a row, the first we listed the Presidents, we would find to try to make sure that we do a better time in 50 years, a declining deficit. we have had five Republican Presidents job in allowing people to succeed in This next year will be 4 years in a row and five Democrat Presidents. But if this great country that we have. with a declining deficit; the first time you looked at job growth during the But I want everyone within the sound since the years of the Civil War that we years of those 10 Presidencies, you of my voice to appreciate the fact that

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4887 we as an economy, we as a country, are legislation filed a cloture motion to bills, at least not that I am aware of. I doing extremely well. We have to feel shut off debate that had not yet begun do not think we ought to filibuster any good. We have to have confidence in on a piece of legislation that had been of those bills. Bring the bills to the our economy, confidence in our Gov- offered only a minute before. floor, have a debate, entertain amend- ernment. We can only do that by un- Someone who does not serve in the ments, have a final vote, and the win- derstanding that we need to work to- Senate or does not understand the Sen- ner wins. That is not a very com- gether in a bipartisan fashion to move ate rules might scratch their head and plicated approach. It is the approach the country along. say, ‘‘How on Earth could someone do that would solve this problem. We can do that by, first of all, allow- that with a straight face? How could I listened carefully yesterday to a ing up-or-down votes on the minimum someone, without laughing out loud, speech on the Senate floor that was es- wage, repeal of the gas tax, and if the offer a piece of legislation before de- sentially a campaign speech—hard, majority leader wants to bring forward bate begins, file cloture to shut off de- tough, direct. It was a Presidential the TEAM Act, let us have a debate on bate on a piece of legislation they have campaign speech. You have a right to that like we have done in the Senate just now filed, and then claim that the do that on the Senate floor. I do not for over 200 years. other side is guilty of causing grid- think it advances the interests of help- lock?’’ f ing the Senate do its business. I almost Only in the Senate can that be done felt during part of that speech yester- NUCLEAR WASTE without someone laughing out loud at day there should be bunting put up on how preposterous that claim is. the walls of the Senate, perhaps some Mr. REID. Mr. President, I also say This is not gridlock. It is more like a that my friend, my colleague from the balloons, maybe even a band to put all gag rule, where you bring a piece of this in the proper perspective. State of Nevada, Senator BRYAN, is legislation to the Senate because you also going to address the Senate on a The Senate is not going to be able to control the Senate floor and you say, do its work if it becomes for the next 6 very important issue dealing with nu- ‘‘Here’s what we want to do, and, by clear waste. I underscore and underline months a political convention floor. I the way, we’re going to use parliamen- hope that we can talk through that in his statement and join with him in rec- tary shenanigans to fill up the par- ognizing that we have some serious the coming days and decide the Senate liamentary tree so no one has an op- is going to have to do its work. We problems in transporting nuclear waste portunity to offer any amendments of across this country. It can be avoided if have appropriations bills we have to any kind, and then we are going to file pass. We have other things to do that we follow what, again, the President a motion to shut off debate before you wants to do and not have the interim are serious business items on the agen- even get a chance to debate.’’ da of this country. I do not think that storage of nuclear waste. No, that is not gridlock, that is a gag we can do this if the Senate becomes Mr. DORGAN addressed the Chair. rule. From a parliamentary standpoint, the floor of a political convention from The PRESIDING OFFICER. The Sen- it can be done. It was not done when now until November. ator from North Dakota [Mr. DORGAN] the Democrats were in control in the I want to speak just for a moment is recognized. 103d Congress. We never did what is about the proposed reduction in the Mr. BRYAN. Mr. President, I wonder now being done on the floor of the Sen- gasoline tax. Gasoline prices spiked up if my friend and colleague will yield for ate: filling the legislative tree com- by 20 to 30 cents a gallon recently. the purpose of a unanimous consent re- pletely and saying, ‘‘By the way, you When gasoline prices spiked up and quest. have no opportunity, those of you who people would drive to the gas pumps to f feel differently, to offer amendments.’’ But we will work through this, and fill up their car, they were pretty EXTENSION OF MORNING we will get beyond this. I will say to angry about that, wondering, ‘‘What BUSINESS those who claim it is gridlock, it is has happened to gasoline prices?’’ clear the Senate is not moving and the Instead of putting a hound dog on the Mr. BRYAN. Mr. President, I ask trail of trying to figure out who did unanimous consent that at the conclu- Senate is not acting, but at least the major part of that, it seems to me, is what and why, what happened to gas sion of the remarks of the distin- prices, immediately we had some peo- guished Senator from North Dakota, because we have people who decide that it is going to be their agenda or no ple come to the floor of the Senate and that morning business be extended for say, ‘‘OK, gas prices spiked up 20, 30 a period of 10 minutes so I might be agenda, and they insist on their agenda without debate, their agenda without cents a gallon. Let’s cut the 4.3-cent permitted to address the Senate. gas tax put on there nearly 3 years The PRESIDING OFFICER. Without amendments. What we have are three proposals ago.’’ objection, it is so ordered. I do not understand. I guess the same Mr. BRYAN. I thank my colleague, that have been ricocheting around the Chamber the last couple of days, and people, if they had a toothache, would and I thank the Chair. get a haircut. I do not see the relation- The PRESIDING OFFICER. The Sen- there is a very simple solution. We have a proposal called the minimum ship. Gas prices are pushed up 20 to 30 ator from North Dakota is recognized cents so they are going to come and infor 10 minutes. wage. Many of us feel there ought to be some kind of adjustment in the min- crease the Federal deficit by cutting a f imum wage. It has been 5 years. Those 4.3-cent gas tax. I would like to see lower gas taxes as NOT GRIDLOCK, BUT A GAG RULE working at the bottom of the economic ladder have not had a 1-penny increase well, but I am not going to increase the Mr. DORGAN. Mr. President, it has in their salaries. Many of us feel there Federal deficit. The Federal deficit has been kind of an interesting couple of ought to be some adjustment there. been cut in half in the last 3 years. days in the Senate, and I noticed in the The second issue is, the majority Why? Because some of us had the cour- newspaper this morning in the head- leader wants to cut or reduce the gas age to vote for spending decreases and, lines the word ‘‘gridlock,’’ which I am tax by 4.3 cents a gallon. yes, revenue increases to cut the def- sure will please some in this Chamber, And the third issue is a labor issue icit in half. because yesterday they were trying to called the TEAM Act. The central question I have is this: If persuade the press to use the word The way to solve this, instead of you cut the gas tax, who gets the ‘‘gridlock.’’ They said what is hap- linking them together in Byzantine or money? There are a lot of pockets in pening in the Senate is gridlock. strange ways, is simply to bring all America. There are small pockets, big What happened yesterday was quite three measures to the floor one at a pockets, high pockets, and low pockets. interesting. Those who suggest this is time, allow amendments to be offered You know who has the big pockets and gridlock in the Senate came to the and then have an up-or-down vote. This small pockets. The oil industry always floor of the Senate yesterday, offered a is not higher math; it is simple arith- had the big pockets. The driver has al- piece of legislation and then, prior to metic. Bring the bills to the floor. ways had the small pockets. any debate beginning on that legisla- Our side has no interest, in my judg- Guess what? When you take a look at tion, the same people who offered the ment, in filibustering on any of those what is going to happen when you see

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4888 CONGRESSIONAL RECORD — SENATE May 9, 1996 a gas tax reduction and have some peo- Members in the minority. We are not letters these days without seeing one ple talk to the experts, here is what pieces of furniture. We are people that of the nuclear power industry’s many you find. have an agenda we care deeply about. misleading, and in my view, intellectu- This is yesterday’s paper: ‘‘Experts We also intend to exercise our right in ally dishonest advertisements urging say gas tax cut wouldn’t reach the the Senate to offer amendments and to Members of this body, of this Congress, pumps. Oil industry called unlikely to try to affect the agenda of the Senate. to support S. 1271, which is the latest pass savings on to consumers.’’ For those who say we have no right nuclear power industry’s piece of legis- Energy expert Philip Verleger says: to offer amendments, that we will be lation. The Republican-sponsored solution to the thwarted in any attempt at all to offer There are many things wrong with S. current fuels problem . . . is nothing more our agenda, we say it will be an awfully 1271, Mr. President. The obvious reason and nothing less than a refiners’ benefit long year because we intend to advance for my strong interest in the bill is an bill.... It will transfer upwards of $3 billion the issue of the minimum wage. The utter and complete disregard for the from the U.S. Treasury to the pockets of re- minimum wage ought to be adjusted. rights and interests of public health finers and gasoline marketers. People at the top rung of the economic and safety of the men and women who The chairman of ARCO company ladder have a 23-percent increase in the I represent, my fellow Nevadans. Con- says: value of their salaries and their stock trary to the wishes of the great major- My concern is, quite frankly, how the pub- benefits last year; the people at the ity of Nevadans—Democrats, Repub- lic will react to what the Senate does. bottom of the economic ladder, those licans, independents, those who choose He said: people out there working for minimum no political affiliation—the over- Some Democrats have already said ‘before wage, have for 5 years not received a whelming majority are strongly op- we pass the gas tax, we want to make sure one-penny increase, and lost 50 cents of posed to this so-called interim storage we see it at the pump.’ the value of their minimum wage. We facility. He said: are not asking to spike it way up. We The problems with this legislation I’ll tell you, market forces are going to are just asking for a reasonable, mod- are more than a question of unfairness, outstrip the 4 cents a gallon. You’re not est adjustment of the minimum wage. which I will have occasion to speak to going to be able to find a direct relationship We ought to do that. at some length during the debate on between moving that and 4 cents. Then Gas tax, bring that to the debate. I this issue. It is much more than unfair- prices could go up, go down, could stay the do not intend to vote to reduce the gas ness, because most of the mistruths same, and there you have the question of tax. I would like to. I would like to see that are being spread about this legis- how the public is going to perceive that. people pay less taxes in a range of lation in the nuclear waste program in The majority leader’s aides in the areas, but I do not intend to vote to in- general affect not only my own State paper today said they had: crease the Federal deficit. I have been but many other States, as well. . . . received assurances from the oil com- one, along with others, who care and First and foremost, I think it is im- panies that the full extent of any cut in the continue to ratchet that Federal def- portant to emphasize that this piece of gas tax will be passed on to consumers. icit downward. I do not intend in any legislation is unnecessary. It is unnec- However, officials at several major oil event to transfer money from the Fed- essary. I have served in this body long companies said yesterday that no such assur- eral Treasury, so the deficit increases, enough to know that on many pieces of ances had been or could be given. legislation, it is a very difficult bal- ‘‘Even asking for them represented a mis- to the pockets of the oil industry, and taken return to direct government involve- leave drivers and taxpayers stranded ance. Some things that you like, some ment in setting prices,’’ several energy ex- high and dry. changes that you do not, there are perts said.... The TEAM Act that has been intro- some pluses and minuses. But always Bruce Tackett, a spokesman for Exxon Co. duced in the last day or so, bring that there should be at least some over- USA in Houston, said, ‘‘We have not made to the floor, entertain amendments, riding necessity for that piece of legis- any commitments to anyone ‘regarding a ’fu- have a vote on that. That is the way lation to be acted upon. In this in- ture’ price. Not only have we not made a the Senate ought to do its business. It stance, there is absolutely no need at commitment, we can’t. In a competitive all. market, the market will set the price.’’ is probably not the most politically adept way. It does not most easily ad- The scientific experts, experts inde- An Amoco Corp. spokesperson said: vance an agenda of someone, but a way pendent of the nuclear power industry, We’ve received no official request, and we for the Senate to advance these issues, independent of the environmental com- haven’t spoken to anyone about this. have a vote, and determine what the munity, independent and in no way Mobil Corp. said: will of the Senate is. connected with my fellow constituents Mobil doesn’t believe that a reduction in I yield the floor. in Nevada, have concluded that there the tax will automatically mean a reduction The PRESIDING OFFICER (Mr. simply is no problem with leaving the in the pump price. . . In the end, it will be INHOFE). The Senator from Nevada. high-level nuclear waste where it cur- the marketplace that sets the price at the Mr. BRYAN. I thank the Chair. rently resides, and that is at the reac- pump. f tor sites. Most recently, the Nuclear The point is this gas tax reduction Waste Technical Review Board, a Fed- sounds like an interesting thing, but if NUCLEAR WASTE eral agency created by the Congress for you take $3 billion out of the Federal Mr. BRYAN. Mr. President, there has the sole purpose of monitoring and Government and increase the deficit, been, as my colleague from North Da- commenting on the high-level nuclear which you will do—I think the so- kota has pointed out, a number of dis- waste program, that Nuclear Waste called offset is a sham—but increase appointments in terms of things that Technical Review Board recently stat- the Federal deficit, take $3 billion, put have reached the floor, and with the ed, ‘‘There is no compelling technical it in the pockets of the oil industry and overhang of Presidential politics in or safety reason to move spent fuel to the drivers are still going up to the this year. One of the most disturbing a centralized storage facility for the same pumps paying the same price for things to me is the power of special in- next few years.’’ their gas, who is better off? The tax- terests at work in this Congress and Mr. President, that view has been en- payer? No. Is the Federal deficit better their effort to bring a piece of legisla- dorsed by the Clinton administration off? No, that is higher. The oil industry tion to the floor, S. 1271, which we are as well because they can see through is better off. told will reach the floor sometime in the transparency of the nuclear power I guess my hope is that we will decide the next few weeks. That is the effort industry’s scare tactics. They have infor a change here in the U.S. Senate to of a powerful lobby, well financed, very dicated that if this legislation should do the right thing. The right thing, it effective, the nuclear power lobby, to pass this Congress it will be vetoed. seems to me, is for us to proceed on the bring a proposal to locate an interim Let me say for those who have agenda. Yes, the majority leader and storage of high-level nuclear waste in watched this issue over the years, scare the majority party have the majority, my State of Nevada. tactics have become the kind of con- they have the right to proceed down One can hardly open a newspaper or duct that we expect from the industry. the line on their agenda. We are 47 one of the many Capitol Hill news- More than a decade ago we were told

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4889 that without some type of interim occur—human error. We know that. Do you know what the consequences storage, then called away-from-reactor Whether it is Three-Mile Island, of that trust us is? Today, every Mem- storage, that nuclear reactors around Chernobyl, or whatever the nuclear dis- ber of this Congress, every taxpayer in America would have to close down. In asters have been in recent years, there America is paying for those poor, inno- fact, their prediction was by 1983, 13 are human failures, mistakes, neglect, cent victims downwind of where those years ago. Well, the Congress wisely re- all of those things, and they are not atmospheric shots occurred, who suffer jected the overture by the nuclear likely to change as a result of anything from cancer and other genetic effects power industry more than a decade that we have done or are likely to do as a result of those experiments. Trust ago, and not a single reactor has closed on the floor of the Senate. us, you need not worry. We are talking because of the absence of storage for I know that the chairman of the En- about something that is lethal. And the spent nuclear fuel rods. ergy Committee spoke yesterday at those of us who would bear the burden It is, in my judgment, a wiser policy some length about that. I can under- of this do not have the same sense of and a more sensible policy that we stand why he does not share the con- safety and assurance that the chair- make a determination only after we cerns. Alaska is not a transshipment man of the Energy Committee has. have a judgment as to the location of a corridor, so that none of his constitu- Mr. President, I know that this de- permanent repository. That is what the ents would be exposed to the risk, as 43 bate has been framed largely as a re- language currently says, Mr. President, States and some 50 million of us that sult of the special interests of the nu- that there will be no decision to force live along one of these transportation clear power lobby. Many of my col- a State or any jurisdiction to accept an routes might be affected. leagues, I am sure, have not heard from interim storage until after the perma- I might say—and I believe the occu- their constituents. Today, I take the nent repository program has made its pant of the chair served at the munic- opportunity to acquaint Americans and own judgment. That, Mr. President, ipal level of government—there is no my colleagues and staff, who are has not yet been done. assurance in this legislation that any watching our discussion, that this is This sensible approach, accepted by financial assistance is provided to com- not just a Nevada issue. Obviously, we those who have independent judgment munities who are placed at risk. None. feel powerfully aggrieved at this out- and are members of the scientific com- No assurance whatsoever. So these rageous conduct that suggests that not munity, endorsed by this administra- communities exposed to this risk will only are we to be studied for a perma- tion and by many others, does not sat- have to bear that responsibility on nent repository, but an interim facility isfy the nuclear power industry. They their own. will be placed there as well. are furious that their bluff has been Let me just say that for some of us— My point is that ours is a lonely called, that its scare tactics over the and the occupant of the chair and I are voice, a small State of 1.6 million peo- years have been sufficiently trans- from two States that have no nuclear ple and 4 Members of Congress. We can- parent, that most have been able to see reactors at all; yet, we will bear the not match the nuclear power indus- through them, and they have been frus- burden of those transshipments—all tries’ finances, the phalanx of lobbyists trated in their goal of establishing an unnecessary, all unnecessary because that they have from one end of Capitol interim storage facility. our States will be affected. In the great Hill to the other. But there is much at The risk that would be created by State of Oklahoma, there are at least risk. It is not just Nevada; it is 43 caving in to these special interest de- three rail shipment routes that will States, 50 million people. I urge my mands are substantial. In addition to pass through that great State. I can colleagues to get engaged in this de- creating overwhelming risk for those of cite State after State, and I will have bate and understand what is at risk. us in Nevada, particularly because of occasion to do so later. I thank the Chair and the Senator its geographical proximity to the met- The chairman of the Energy Com- from Kansas for allowing me to extend ropolitan area of Las Vegas, which is mittee, in addressing this yesterday, my remarks. now home to 1 million people, this leg- tended to dismiss any concerns about I yield the floor. safety. ‘‘Nothing to worry about. This islation would result in over 16,000 f shipments of dangerous high-level nu- is all under control.’’ Mr. President, I clear waste to 43 States. have said many times on the floor that THE VERY BAD DEBT BOXSCORE Mr. President, I apologize to my col- I was in the eighth grade in early 1951 Mr. HELMS. Mr. President, a lot of leagues and staff who are watching this when the first nuclear atmospheric test folks don’t have the slightest idea issue and I apologize to America that was conducted at Frenchman Flats in about the enormity of the Federal we do not have the resources to have Nevada, about 60 to 70 miles from my debt. Ever so often, I ask groups of full-page ads in major newspapers hometown of Las Vegas. We were as- friends, how many millions of dollars across America and all of the various sured at the time, ‘‘There are no risks. are there in a trillion? They think bulletins and pieces of literature issued There is nothing to worry about. The about it, voice some estimates, most of covering and commenting on the oper- scientific community has this under them wrong. ation of the Congress. I see the very control.’’ Indeed, people were invited to One thing they do know is that it was able and distinguished Senator from go up to observe this great scientific the U.S. Congress that ran up the enor- Kansas, and I assure her I will not be phenomenon. Benches were established mous Federal debt that is now over $5 long in my comments. I take the occa- so you could go up, if you were part of trillion. sion to make her aware, as I do the dis- the press corps. Those of us who were To be exact, as of the close of busi- tinguished occupant of the chair, we in school, as part of science programs, ness yesterday, May 8, 1996, the total are talking about 43 different States were invited to rise early in the morn- Federal debt—down to the penny— that will be affected, 16,000 shipments. ing and see the great flash from the nu- stood at $5,094,597,203,341.08. Another Much of that is located in the Midwest. clear detonation, see the cloud, and sad statistic is that on a per capita The State of Kansas, if I might cite for wait for the seismic shock to hit us, basis, every man, woman, and child in my colleague’s edification since she is and calculate with some precision how America owes $19,238.98. on the floor, is a major transshipment far from ground zero we were from the So, Mr. President, how many million corridor. The red indicates highway. place where the shot took place. Com- are there in a trillion? There are a mil- The blue indicates rail. We have one, munity reaction was overwhelming. lion million in a trillion, which means two, three, four major shipment routes Stores, retail establishments, all em- that the Federal Government owes to the State of Kansas, exposing com- braced this new nuclear phenomenon. more than $5 million million. munities—we will talk more about this Well, it is now 45 years later. Nobody Sort of boggles the mind, doesn’t it? when this issue comes to the floor—ex- buys that argument anymore. No sci- f posing communities to a great deal of entist worthy of his or her degree risk if indeed an accident happens. would ever suggest with absolute cer- CONCLUSION OF MORNING We all hope that an accident does not tainty that we can detonate a nuclear BUSINESS happen. But most pencils in America blast in a 70-mile range of a major The PRESIDING OFFICER. Morning are still made with an eraser. Mistakes community. Nobody will assert that. business is closed.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4890 CONGRESSIONAL RECORD — SENATE May 9, 1996 WHITE HOUSE TRAVEL OFFICE mit these types of employee involve- asked, if there are so many employee- LEGISLATION ment programs, where workers meet involvement programs going on right The PRESIDING OFFICER. Under with supervisors to discuss issues of now, why then is it necessary and why the previous order, the Senate will now mutual concern, to continue to exist do we need the TEAM Act? I will re- resume consideration of H.R. 2937, without running afoul of Federal labor spond to my colleagues that the NLRB which the clerk will report. law. Under the TEAM Act, workers interpreted the law so broadly that it The clerk will report. may discuss quality, productivity, effi- has cast great uncertainty on the legality of all employee-involvement The legislative clerk read as follows: ciency, health and safety, or any other issues that are important to them. programs. Some companies have dis- A bill (H.R. 2937) for the reimbursement of banded their teams, either by order of attorney fees and costs incurred by former It seems to make so much sense, Mr. employees of the White House Travel Office President, and it is very hard for me to the NLRB or because they are con- with respect to the termination of their em- understand why this is being so vigor- cerned with whether they are legal and ployment in that office on May 19, 1993. ously challenged and fought by the fearing they might not feel it is worth The Senate resumed consideration of unions in this country, particularly the the effort to even try, and other com- the bill. chairman of the NLRB, William Gould, panies are not expanding their existing who does not support the TEAM Act, teams. Pending: For example, during our committee Dole amendment No. 3952, in the nature of but does say that we need a clarifica- a substitute. tion of the law so that there can be the hearings on the TEAM Act, we heard Dole amendment No. 3953 (to amendment ability of employers and employees to from David Wellins, a senior vice presi- No. 3952), to provide for an effective date for come together with a clearer under- dent of a human resource consulting the settlement of certain claims against the standing of what is within the param- firm in Pittsburgh, PA. Mr. Wellins’ United States. eters of the law. firm assists clients, from Fortune 500 Dole amendment No. 3954 (to amendment I believe that workers have impor- companies to small nonprofits, to es- No. 3953), to provide for an effective date for tablish high-performance work organi- the settlement of certain claims against the tant contributions to make to improve the quality of their work life and the zations. United States. Mr. Wellins testified: Dole motion to refer the bill to the Com- quality of the product or service their On manufacturing plant floors and in cor- mittee on the Judiciary with instructions to company delivers. America needs to porate offices across this country, work report back forthwith. harness workers’ ideas and put them to teams are making employees and their com- Dole amendment No. 3955 (to the instruc- good use. They are the ones who are panies more productive than at any other tions to the motion to refer), to provide for there making the day-to-day effort, time in the history of this country. . . The an effective date for the settlement of cer- who best know the whole condition of second point I want to make [is that the tain claims against the United States. NLRB decisions] have dramatically damp- Dole amendment No. 3960 (to amendment workplace health and the safety of the ened the enthusiasm for teams. Many of the No. 3955), to provide for the repeal of the 4.3 atmosphere—on the line, perhaps, in a Nation’s leading companies, both union and cent increase in fuel tax rates enacted by the factory—and can come up with innova- nonunion, are confused about which aspects Omnibus Budget Reconciliation Act of 1993, tive suggestions. of teams are allowable and correspondingly to clarify that an employer may establish The legislation also has important reluctant to proceed with team initiatives. and participate in worker-management co- worker protections. For instance, Mr. Wellins then cited several exam- operative organizations to address matters teams may not have, claim, or seek au- ples, including a large Midwest bank, a of mutual interest to employers and employ- thority to negotiate collective-bar- ees, and to provide for an increase in the major beverage manufacturer, and a gaining agreements, or amend existing minimum wage rate. consumer product packaging plant that collective-bargaining agreements, and eliminated their employer involvement Mrs. KASSEBAUM addressed the the TEAM Act also clearly prohibits program due to the uncertainty which Chair. employers from bypassing an existing has been caused by the NLRB’s inter- The PRESIDING OFFICER. The Sen- union if the workers have chosen to be ator from Kansas is recognized. pretation of Federal labor law. It is represented by a union. clear from Mr. Wellins’ testimony that AMENDMENT NO. 3960 I do not fault the NLRB for the we need a legislative solution to this Mrs. KASSEBAUM. Mr. President, I breadth of their decisions invalidating rise to discuss, again, legislation that problem. employee involvement. I think they Some of my colleagues have also has been before us, which is support for did the best job they could under the asked whether the TEAM Act permits the Teamwork for Employees and Man- circumstances. Our Federal labor laws employers to establish company or agement Act, the TEAM Act. were written in the 1930’s at a time sham unions. The answer is absolutely During the past couple of days, we when employers had used company not. This is very clear, and has been have had some lengthy debate on this unions to avoid recognizing and bar- very misleading in the debate so far legislation, as well as, of course, repeal gaining with unions after workers had that has gone back and forth for a cou- of the 4.3-cent gas tax, and raising the selected union representation. So the ple of days. minimum wage. I thought it might be Congress wrote our Federal labor laws The TEAM Act permits workers to useful at this point to review some of very broadly to prohibit that type of choose independent union representa- the debate back and forth on the activity. tion at any time. The TEAM Act does TEAM Act, what it does and does not In fact, the law was written so broad- not replace traditional unions, and do, and dispel some of the myths that ly that it invalidated the legitimate once workers select union representa- have surfaced over the course of the de- employee-involvement programs that tion, the employer must recognize and bate. we see today. So the TEAM Act per- then negotiate with the union. The TEAM Act responds to a series of mits these legitimate employee-in- Moreover, the Team Act specifically decisions by the National Labor Rela- volvement programs to move forward, states that employee teams may not tions Board that invalidated numerous while requiring firms to recognize and ‘‘have, claim, or seek authority to ne- employee involvement programs. The negotiate with independent unions if gotiate or enter into collective bar- NLRB decisions that have been made that is what the workers want. gaining agreements with the employer regarding employee-employer relation- Why do we need the TEAM Act? This or to amend existing collective bar- ships have been very broad. They found has been mentioned many times. Be- gaining agreements.’’ It does not in that the National Labor Relations Act cause it has worked very successfully any way interfere with the collective of 1935 prohibited supervisors from in the union businesses where the bargaining agreements that are in meeting with workers in committees to union shops exist. There have been place and working and clearly under- discuss workplace issues like health many times effective employee-man- stood. So the TEAM Act does not per- and safety, working conditions, family agement teamwork. But we have, I mit employers to create company or leave, and other important areas of think, also heard compelling cases of sham unions. mutual concern. why there is great uncertainty. Mr. President, one of the other issues The TEAM Act simply establishes a During the debate over the last 2 that has come forth also during the de- safe harbor in Federal labor law to per- days, some of my colleagues have bate is who selects team members?

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4891 This has been debated in our com- more competitive, ever more imagina- sible for cutting the Federal deficit mittee hearings as well. Some of the tive, ever more inventive, and create nearly in half since its enactment. The colleagues have asked whether the an employee involvement that I think 4.3-cent tax on gasoline that was in- TEAM Act promotes true employee in- will add a lot of vitality in our work- cluded in that legislation has contrib- volvement because the legislation does place today. uted more than $10 billion to this def- not mandate that workers select all I yield the floor. icit reduction. Though we have not yet team members. I respond to my col- Mr. President, I suggest the absence completed the difficult task of bal- leagues who have questioned this that of a quorum. ancing the Federal budget, in the mid- the TEAM Act avoids mandating a one- The PRESIDING OFFICER. The dle of a Presidential election year we size-fits-all for the employee-involve- clerk will call the roll. are suddenly being lured by a politi- ment program. Instead, it recognizes The legislative clerk proceeded to cally inspired proposal to repeal that that there are a variety of worker call the roll. very same 4.3-cent tax for the remain- teams that exist and would encourage Mr. INHOFE. Madam President, I ask der of 1996 to combat a recent increase workers and managers to develop flexi- unanimous consent that the order for in gasoline prices across the country. ble teams that best suit their needs. the quorum call be rescinded. Our colleagues in the majority would Sometimes workers select team The PRESIDING OFFICER (Mrs. have us believe that the 4.3-cent gaso- members, sometimes the team mem- KASSEBAUM). Without objection, it is so line tax is the primary culprit for the bers volunteer, and sometimes the ordered. current high level of gas prices. The whole company is run on the team con- Mr. INHOFE. Madam President, as I American people are being asked to be- cept. So the question of team member was sitting in the chair presiding and I lieve that a simple repeal of the 1993 selection is moot. At other times, par- was listening to several people try to tax for the balance of one year will ticularly if a worker has a necessary justify an argument against repealing cure the pain at the pump. And this is job skill required by the team, such as the tax increase, a tax increase that utter folly. It is not true. Mr. President, the current Federal appointing an EMT to a safety team, was sold to the American people that it excise tax on gasoline stands at 18.3 the employer may choose team mem- only affected the fat cats in this coun- cents per gallon—approximately 14 per- bers. try, we are talking about the gasoline cent of the current average price of a Focusing on team member selection tax at 4.3 cents as if 4.3 cents is not a gallon of unleaded regular gasoline. really misses the point because the real significant amount. The 4.3-cent tax that this proposal issue is management commitment to I remind these people that this was would repeal represents less than 3.5 employee involvement. Workers are part of a package in 1993, when Bill percent of the current cost of a gallon Clinton had control of both Houses of not stupid. They know when manage- of gasoline. Are we to believe that 4.3 Congress, and they passed what was ment values employee involvement, cents of this tax enacted in 1993 has characterized by then the chairman of and workers quickly tire of making had any really significant effect on the the Senate Finance Committee, Sen- suggestions if management will not price of gasoline? Or, conversely, are follow through on them; therefore, it is ator DANIEL PATRICK MOYNIHAN, as we to believe that a repeal of this tax not going to succeed. It really has to be ‘‘the largest single tax increase in the will substantially reduce the price of a a management commitment even more history of public finance, in America or gallon of gas? than a worker commitment. So it any nation in the world.’’ Simply put, gas prices have risen be- would be useless for managers to limit I think it needs to be in the RECORD cause of forces unrelated to the Federal teams to their favorite workers, be- after these statements justifying con- excise tax on gasoline. They have risen cause the value of those employee tinuing these taxes that if anyone was because of factors associated with the ideas would be limited. It really has to opposed to ‘‘the largest single tax in- basic economic principles of supply and be a commitment that is on both sides, crease in the history of public finance, demand. The reduced supply of world recognizing the changes that are tak- in America or any place in the world’’ crude oil and the higher gasoline con- ing place in our work force today, not back in 1993, they would be supportive sumption in the United States and Eu- in an attempt to undermine the unions of repealing any portion of that tax in- rope as a result of a lengthy, cold win- but in an attempt to strengthen the crease today. It was not just a gasoline ter have undoubtedly played a much initiative, the productivity, and the tax. It was many other taxes which in- larger role in the higher price of gaso- constructive environment instead of a cluded a 50 percent tax on Social Secu- line than has the much-demonized 4.3- suspicious, adversarial environment rity for thousands and thousands of cent gas tax approved in 1993. In fact, that can occur in the workplace. I senior citizens in America. Mr. President, the repeal of the na- think it has a very positive benefit. So I think that those individuals who tional speed limit by this Congress has Ironically, the whole idea of team believe as the chief financial adviser to probably contributed more to the price member selection reveals how narrowly the President believes, that there is no of gasoline than the 1993 tax. critics are viewing employee involve- relationship between the level of tax- Is it not somewhat contradictory to ment. They are assuming that there ation in a country and its economic first give drivers a green light to drive should be only one type of program, production, have lost the argument be- faster and then blame the recent surge where the employees select their team cause truly that is not the case. in the cost of gas on a tax enacted 3 representative. But many times, team Madam President, I yield the floor. I years ago. After all, it is no secret that members do not represent their co- suggest the absence of a quorum. cars use more gas when they are trav- workers on teams. Many times, the The PRESIDING OFFICER. The eling at higher speeds. More gas means whole plant is run by self-directed clerk will call the roll. higher demand. Higher demand means work teams. So there are no employee The legislative clerk proceeded to higher prices. While rising gas prices representatives since everyone serves call the roll. do inflict financial burdens on some on a team. Mr. BYRD. Mr. President, I ask unan- segments of the society, let us remem- We cannot categorize every type of imous consent that the order for the ber also that the current increases in team in America, and we should not quorum call be rescinded. gas prices has come after a prolonged try. Instead, we should give workers The PRESIDING OFFICER (Mr. period of low prices at the pump. Ac- and supervisors the flexibility to craft INHOFE). Without objection, it is so or- cording to the American Petroleum In- their workplace needs and craft how dered. stitute, gasoline prices last year, ad- they can best be met. Mr. BYRD. Mr. President, we have justed for inflation and including Fed- I ask my colleagues to support this before the Senate a proposal to repeal eral and State taxes, were at their low- important legislation. I think, Mr. the 4.3-cent-per-gallon Federal excise est level since data were first collected President, it offers us an opportunity, tax on gasoline enacted in 1993 as part in 1918. Thus, Mr. President, we may that we have not had before, to clarify of a comprehensive deficit-reduction view the recent escalation in the price a situation that will allow us to move package. That legislation—the Omni- of gasoline not as a dramatic increase forward to meet the needs of a work- bus Budget and Reconciliation Act of above its historical cost, but as an up- place, that will allow us to be ever 1993 [OBRA]—has been largely respon- ward adjustment from unusually low

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4892 CONGRESSIONAL RECORD — SENATE May 9, 1996 prices. It certainly stretches the imagi- sidering entering this dangerous aper- Italy, you could not purchase a gallon nation, however, to place the blame for ture? Is it anything more than politics? of gasoline for less than $4. Gas excise the recent gas price increase solely on Mr. President, the 4.3-cent gas tax was taxes per gallon in those nations stood the shoulders of the 4.3-cent tax en- enacted in 1993 as part of the successful on March 1, 1996, at $2.92, $3.05, $3.09, acted to reduce the Federal deficit. deficit reduction package crafted by and $2.91 respectively. Of course, lower Contrary to what one might think in President Clinton and enacted by the taxes on gasoline could be found in the listening to the rhetoric surrounding 103d Congress without one single vote United Kingdom and Japan, where the this so-called Clinton gas tax increase, by a Republican Member of Congress. tax per gallon stood at $2.37 and $1.99 the 1993 deficit reduction package was But it was the right thing to do. It respectively. Even if we combine the not the first time that gasoline taxes took courage for the President and the Federal excise tax on gas in the United have been increased for the purpose of Congress to enact that bill. Tax in- States with a weighted average of the deficit reduction. The fact is that the creases are not known for their popu- various State taxes, the typical Amer- 1990 Summit Agreement, which was ne- larity. In fact, some Members of Con- ican consumer pays only 37 cents tax gotiated by Congress and the Bush ad- gress may not be here today because of per gallon on gasoline. That is quite a ministration, contained a gasoline tax their vote in 1993. But the fact remains disparity, Mr. President. And what is increase of 5 cents per gallon which that the 1993 bill nearly halved the the logical effect of this disparity? went into effect on December 1, 1990. Of Federal budget deficit, and the 4.3-cent Americans drive more and consume that amount, two-and-one-half cents tax on gasoline contributed to that ef- more gas than their foreign counter- per gallon of that gasoline tax increase fort. And, Mr. President, I voted for it, parts. We rely less on public transpor- went to deficit reduction. This fact is and I do not regret it. tation and fuel-efficient automobiles Mr. President, the politics of this set forth in a report of the Congres- than do citizens of many other indus- proposal notwithstanding, it is more sional Budget Office to the Congress trialized nations. And, Mr. President, important to focus on the economics of dated January 1991, in the following we have become very dependent on gas- this proposal. Economics is, after all, statement relating to the 1990 Summit oline—a resource that is nonrenewable. Agreement: often cited by advocates of tax cuts on the grounds that they spur economic In other words, if we continue to de- For the first time since the Highway Trust growth. The Wall Street Journal, a pend on free-flowing fuel from abroad, Fund was established in 1956, not all highway and do not develop alternative methods tax receipts will be deposited in the trust newspaper frequently cited by my colleagues on the other side of the aisle, of more efficient transportation, we are fund. Revenue from 2.5 cents of the 5-cents- not placing ourselves in a position to per-gallon increase in the motor fuel taxes ran an interesting story on May 7 remain competitive throughout the will remain in the general fund. The baseline about the proposed gas tax repeal. Let assumes that this portion of the tax expires me read the title: ‘‘Economists Say world in the 21st century, and we are on schedule at the end of fiscal year 1995. Gasoline Tax Is Too Low.’’ The title endangering our economic independ- Ultimately, as Senators are aware, does not read ‘‘too high,’’ as some in ence and our children’s future as well. the 1990 Summit Agreement as nego- this body would have us believe. It So, Mr. President, as we are met with tiated with President Bush and which reads ‘‘too low.’’ Economics, Mr. Presi- this proposal to reduce the excise tax contained the gasoline tax I have just dent, is a field where the experts rarely on gasoline, we must not allow our- described, passed the Senate by a vote reach agreement on any issue. Yet, the selves to be swayed by the winds of the of 54–45. And, of the 54 yea votes, 19 Wall Street Journal reports that political moment. We all know that tax were Republican Senators—19. ‘‘there is widespread agreement in the cuts are popular. There are few easier Mr. President, this being a Presi- field [of economics] that the Federal votes that a Member of Congress can dential election year, it is clear that gasoline tax of 18.3 cents a gallon is too make. But, is that why we are sent this proposal before the Senate is being low.’’ In fact, according to the article, here? The American public is tired of presented to the Congress for reasons more than half of the economists sur- this endless political pandering—that beyond the question of whether or not veyed at a recent conference favor a is what it is—and the people are not a repeal of the 4.3-cent gas tax rep- gasoline tax of $1 a gallon or higher. fools. They will see this debate for resents sound fiscal policy. It is true Further, the article states that what it is—a fiscally irresponsible, ex- that rising gasoline prices have per- ‘‘Economists cite various factors to tremely political initiative brought be- meated the country, particularly Cali- justify a gasoline tax. Chief among fore the Congress in the middle of an fornia, a State with a plethora of elec- them are the environmental and health election year. And we talk about a con- toral votes. It is also true that repeal- costs of air pollution, along with the stitutional amendment to balance the ing any tax, particularly a tax on gaso- costs of traffic congestion, and road budget; a constitutional amendment to line, is politically popular. In addition, construction and repair.’’ Finally, Mr. balance the budget on the one hand and it is tempting to remind the electorate President, the Journal article states repeal the gas tax on the other. So we of a tax increase approved in the past that the ‘‘proponents of an increase [in are going in two opposite directions at by a political opponent, even if that the gasoline tax] point to foreign pro- once. Of course, the gas tax proponents tax increase was included in a respon- ducers’ control over oil supply, and have claimed to offset the lost $4.8 bil- sible deficit reduction package. So, favor a gasoline tax that is high lion in revenues that will result from when we consider these factors, we enough to stem U.S. demand.’’ On the this proposal. They intend to pay for may understand, without any unusual other hand, cutting the gas tax would this proposal by auctioning the spec- clairvoyance, why we are now consid- do just the opposite: It would increase trum to the private sector. Why not ering a proposal to temporarily repeal demand for gasoline and drive up the apply that against the deficit? Why not the 4.3-cent gasoline tax until January price, thus making the United States apply that savings against the deficit? 1, 1997. While this may be labeled a more dependent on foreign oil. So, Mr. However, it is my understanding, Mr. temporary repeal, I must question the President, it appears from these state- President, that the actual sale of the likelihood of the gas tax being rein- ments that, if this gas tax repeal is spectrum will not occur until 1998, and stated after its repeal. As soon as this being proposed on the grounds of eco- the reductions for the Department of tax is repealed, we will hear from nomics, it is being proposed on very Energy will occur over the next 6 countless interests claiming that the shaky grounds indeed. years, while the loss in revenues from 4.3-cent repeal needs to be permanent. As I have already mentioned, the gas the gas tax will occur right now in fis- Do we expect Members of Congress to tax stands today at 18.3 cents per gal- cal year 1996. Thus, this legislation is ignore those inevitable pleas? The fact lon, and many would have us believe subject to a 60-vote point of order—and is, Mr. President, that if we repeal this that this amount is an anomaly in a I hope we will keep that in mind and gas tax now temporarily, we will have world where other countries either do not waive points of order if unanimous- taken a giant step through the one-way not have a gasoline excise tax or have consent agreements are entered into— door of permanent repeal, and I doubt substantially lower gas taxes. But, this under both section 311 of the Congres- that we will find the courage to break is not the case. In fact, if you lived in sional Budget Act and the congression- that door down. And why are we con- Germany, France, the Netherlands, or ally mandated pay-as-you-go, PAYGO,

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4893 requirement. Furthermore, Mr. Presi- tionships between labor and manage- The bill clerk proceeded to call the dent, using the spectrum sale now will ment means more productivity. And we roll. remove another building block on have to be more productive if we are to Mr. PRESSLER. Mr. President, I ask which to construct a responsible bal- compete in this global-interdependent unanimous consent that the quorum anced budget. The spectrum auction market. call be rescinded. was, after all, included in last year’s So I support the TEAM Act because The PRESIDING OFFICER. Without budget reconciliation measure. Is not a it would allow employees the privilege objection, it is so ordered. balanced budget a more lofty goal than to participate in workplace decisions, a short-term, nonsolution to the recent giving them a greater voice in mutual f elevation in the price of gasoline? Well, interests such as quality, productivity, and safety. Current law prohibits this Mr. President, what I hear from my LOW-LEVEL RADIOACTIVE WASTE type of participation. This act would, constituents is a real concern about POLICY ACT the deficit and about the economic fu- among other things, encourage worker- Mr. PRESSLER. Mr. President, I ture of our country. I see a desire management cooperation, preserve the balance between labor and manage- want to speak about a matter that af- among the people to balance the budg- ment while allowing cooperative effects my State of South Dakota, but et in a way that does not undermine forts by employers and employees, and also several States, including Cali- our Nation’s ability to reinvest in permit voluntary cooperation between fornia. We are part of a compact under itself or make us more dependent on workers and employees to continue. the Low-Level Radioactive Waste Pol- foreign oil. Mr. President, reducing the I also support it because, without icy Act. Governor Wilson of California, gas tax now will make it harder to for- this legislation, 85 percent of working and Governor Janklow of my State, mulate any responsible plan to balance folks are not allowed to talk with their have had a very difficult time with the the budget in the future, and I will not employers in employee involvement Secretary of the Interior on this mat- support that effort. committees about such things as ex- I wish the President would veto the ter. tension of employees’ lunch breaks by The original Low-Level Radioactive bill instead of saying he will sign it. I 15 minutes; sick leave; flexible work wish the President would veto the bill Waste Policy Act gave the States the schedules; free coffee; purchase of a responsibility of developing permanent repealing the gas tax, if it is passed by table, soda machine, microwave, or a Congress. This is pure political pan- repositories for this Nation’s low-level clock for the smoking lounge; tornado nuclear waste. Now the Clinton admin- dering, and both sides are engaging in warning procedures; safety goggles for it. istration wants to take away that au- fryer and bailer operators; ban on ra- thority. Mr. GRASSLEY. Mr. President, I rise dios and other sound equipment; dress For 8 years, South Dakota, as a to speak to the legislation now before codes; day care services; and non- member of the Southwestern Compact, this body that is called the TEAM Act, smoking policies. which is an amendment to the Min- The President indicated he was for along with North Dakota, Arizona, and imum Wage Act, which, in turn, is tied this type of legislation in his State of California, has worked to fulfill its du- to the legislation to decrease the gas the Union Message this year. At least ties to license a storage site. It did the tax. I speak in favor of the TEAM Act. to me it seemed an indication. He said: job. It is a very good piece of legislation. ‘‘When companies and workers work as Ward Valley, CA, is the first low- That position puts me opposite a a team they do better, and so does level waste site to be licensed in the union that I used to belong to. The America.’’ Nation. After countless scientific and union was the International Associa- I happen to agree with the President. environmental studies and tests, the tion of Machinists. I was a member of Secretary Reich, in a July 1993 feature State of California and the Nuclear that union from February 1962 to article in the Washington Post, said: Regulatory Commission approved Ward March 1971, when the factory I worked High-performance workplaces are Valley as a safe and effective place to for closed down and shut its doors. I gradually replacing the factories and store the Southwestern Compact’s low- was an assembly line worker making offices where Americans used to work, level radioactive waste. furnace registers. We were a sheet where decisions were made at the top However, there is one problem. Ward metal operation. and most employees merely followed Valley is Federal land. It is managed The International Association of Ma- instructions. The old top-down work- by the Bureau of Land Management. chinists, along with most other unions, place doesn’t work anymore. The Southwestern Compact has re- are against passage of the TEAM Act. I Again, I wholeheartedly agree with quested that Ward Valley be trans- am a Republican and I am proud to be the Secretary of Labor. But just a few ferred to the State of California. The a Republican. When I was a union months ago, at a national union rally Clinton administration refuses to take member, I was proud to be a union in Washington, DC, following a $35 mil- action. Instead, it has stalled again and member, and if I were still working lion campaign pledge made to the again and again. there today I would be proud to be a Democratic Party and a grand endorse- I spoke with the chairman of the En- union member as well. ment by the AFL–CIO, Vice President But unions do not always speak for ergy Committee, Senator MURKOWSKI, AL GORE promised President Clinton’s about this matter. He has introduced all workers, and this is an example, veto of this TEAM Act that is now be- where the labor union leaders in Wash- legislation to resolve the matter. But fore the Senate. This is an act that this is a tragic example of where the ington, DC, supposedly representing would legalize workplace cooperation their members back at the grassroots, Secretary of the Interior for some rea- between nonunion employees and man- son is thwarting the intent of Congress are not speaking for the rank-and-file agement. members. I remember, even 30 years and the intent of Governors of the Union representatives tell me they States in the Southwestern Compact. ago, rank-and-file members wanted to fear the TEAM Act would prevent them Mr. President, the reason behind all have something to say about the oper- from organizing union shops. Let me ation of the plant. They did not want it emphasize, this act does not apply to this is that the extreme environ- all to be confrontational. They wanted union settings, and would not under- mentalists do not want to store radio- us to have a cooperative working ef- mine existing collective-bargaining active waste anywhere because of their fort, because with a cooperative work- agreements. Under the TEAM Act, antinuclear agenda. But strangely ing effort, we have more productivity, workers retain the right, as they enough, this type of low-level radio- and the more productivity you have, should, to choose an independent union active waste has been used in medical the greater the chances are of pre- to engage in collective bargaining. Mr. treatments and other areas to benefit serving jobs and of having better President, I plan to continue my re- humanity. I find this a very tragic sit- wages, working conditions, and fringe marks this afternoon. uation. The Secretary of the Interior is benefits for the employees. Mr. President, I yield the floor and cooperating with the extreme environ- This is even more important today, suggest the absence of a quorum. mentalists against the public interest. because we are competing internation- The PRESIDING OFFICER (Mr. Nobody seems to know what is going ally and must focus on productivity in FAIRCLOTH). The clerk will call the on. What has the Secretary of the Inte- the labor force. Having friendly rela- roll. rior done? He has stalled. First, he has

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4894 CONGRESSIONAL RECORD — SENATE May 9, 1996 ordered a supplemental environmental dioactive waste site to continue Low-Level Radioactive Waste Disposal Act impact statement. Then he ordered the unimpeded. The Senate Energy and and place the responsibility for trying to National Academy of Sciences to per- Natural Resources Committee voted in manage this problem on the federal government, that would be a huge step backwards. form a special report on the suitability favor of this bill. Thank you again for your letter and for of Ward Valley for waste storage. Each This legislation is ready for Senate your efforts on behalf of the entire state of study presented the Southwestern action. This legislation is necessary California and the other states in the South- Compact with a clean bill of health for only because politics got in the way of western Compact to develop a responsible Ward Valley, yet the administration good science. Transferring lands such and safe disposal site for low-level waste. still delays. as Ward Valley is a common procedure Sincerely, Now the administration has ordered for the administration. However, be- WILLIAM J. JANKLOW, additional studies on the effects of trit- cause of a political fight waged by en- Governor. ium, studies the State of California al- vironmental extremists, this convey- GOVERNOR PETE WILSON, ready intended to perform, but not ance has been held up for more than 2 Sacramento, CA, February 16, 1996. until a land transfer was complete. years. This fight, this continued delay, Hon. WILLIAM J. JANKLOW, Also, I should note the National Acad- will continue unless Congress acts. Governor, State of South Dakota, 500 East Cap- emy of Sciences made no mention that We have the opportunity to institute itol Avenue, Pierre, SD 85007 such a study should be a prerequisite a rational approach to this process. By DEAR BILL: As the host state for the South- to this land transfer. approving this legislation, we can western Low-Level Radioactive Waste Dis- posal Compact, California has labored dili- Instead, the Academy believes this allow the Southwestern Compact and gently for ten years to establish a regional type of study should be ongoing, con- the rest of the States to comply with disposal facility in accordance with the fed- ducted in conjunction with the oper- the law we created. I urge my col- eral Low-Level Radioactive Waste (LLRW) ation of the waste storage facility. Un- leagues to support this legislation and Policy Act. This facility would serve genera- fortunately, I suspect that even if Cali- to allow good science to prevail rather tors of LLRW in your state and the other fornia gives in to demands and per- than politics. compact states. In the absence of this facil- forms these tests, the administration Mr. President, I ask unanimous con- ity, these generators have no assured place to dispose of their LLRW. will think of new demands—anything sent that correspondence between Gov. To fulfill its obligations, California care- to keep the Ward Valley waste site Pete Wilson of California and South fully screened the entire state for potential from becoming a reality. Dakota Governor Janklow regarding sites, evaluated candidate sites and selected Who really benefits from these the Ward Valley low-level radioactive Ward Valley from those candidates as the delays? No one. This is yet one more waste storage site be printed in the best site in California for the regional dis- example of the Clinton administra- RECORD. posal facility. Although the site is on federal tion’s pandering to the environmental There being no objection, the mate- land, the Bureau of Land Management has extremists, extremists intent on wag- rial was ordered to be printed in the for about ten years now declared its intent ing a war on the West and on the Amer- to sell it to California. We identified a quali- RECORD, as follows: fied commercial operator to apply for a li- ican people. STATE OF SOUTH DAKOTA, cense to construct and operate a facility at Scientific evidence shows that Ward Pierre, SD, April 2, 1996. that site, and took steps to acquire this land Valley is a safe location for low-level Hon. PETE WILSON, from the federal government. We subjected radioactive waste storage. Neither pub- Governor, State of California, State Capitol, the application for the license to a scru- lic health nor the environment will be Sacramento, CA. pulous review to ensure that the facility at risk. In fact, most of the waste to be DEAR GOVERNOR WILSON: Thank you for would satisfy in every respect the health and stored at Ward Valley is nothing more your letter concerning the Southwestern safety requirements established by the Nu- Low-Level Radioactive Waste Disposal Com- than hospital gloves and other supplies clear Regulatory Commission. pact and the site of the facility in Ward Val- A comprehensive Environmental Impact which may have come into contact ley. While the site in Ward Valley is cur- Report was prepared for the project, and an with radioactive elements used by rently owned by the federal Bureau of Land Environmental Impact Statement (EIS) and health care providers. Management, the bureau has for about 10 Supplemental EIS were prepared for the land By contrast, continued delays create years declared its intent to sell to California. transfer. We subsequently became the first risks both to public health and the en- I, too, am concerned and upset with the state to license a regional disposal facility vironment. Currently, low-level waste continuing needless delays imposed by the under the LLRW Policy Act, and have suc- is simply stored on site at hospitals, U.S. Department of Interior on the Ward cessfully concluded our defense of the license Valley land transfer. California has made industries, or research institutions. In and related environmental documents in the tremendous efforts attempting to comply state courts. In short, California has in good the four States of the Southwestern with the federal Low-Level Radioactive faith done all it can to fulfill its obligations Compact, there are over 800 low-level Waste Disposal Act and its Amendments. to your state under the Compact and federal radioactive waste sites. These sites While these efforts have resulted in the law. were not meant to be permanent facili- issuance of the first license to construct a The sole obstacle to the completion of this ties. Thus, there have been no environ- new low-level disposal site in this nation’s project is the failure of the U.S. Department mental studies, no long-term moni- recent history, implementation of this li- of the Interior to transfer the Ward Valley toring systems, nothing to guarantee cense has been set back again and again by site to California. After abruptly cancelling the federal government. If these delays cause safe storage of the waste. the agreed-to transfer almost completed by our generators within the Southwestern former Secretary Manuel Lujan, Interior With no regional low-level radio- Compact to ship wastes across the United Secretary Babbitt has created a series of pro- active waste sites available, South Da- States to Barnwell, South Carolina for dis- cedural delays ostensibly based upon this kota would be forced to transport its posal, I fully agree that the federal govern- own health and safety concerns. He de- low-level radioactive waste across the ment must comply with those stipulations manded a public hearing, then abruptly can- country to a disposal facility in Barn- you set forth in your letter. celled it. He asked the National Academy of well, SC. Clearly, the costs of trans- Study after study has shown the proposed Sciences (NAS) to review site opponents’ porting this waste across the country facility in Ward Valley to be protective of claims, then ignored NAS conclusions that would be great, from the monetary cost human health and environmentally safe. The these claims are unfounded and that the site US Congress had it right the first time; the is safe. He has unreasonably and unlawfully to the waste generators, to the legal Southwestern Compact can solve the prob- demanded that California agree to continued ramifications, to transporting haz- lem of disposal of the low-level radioactive Department of the Interior oversight of the ardous waste, to the potential Super- wastes generated within its states. But, we project after the transfer. Now, according to fund liability incurred by the State and can do it only if the federal government will the attached press release, he intends to the generators. transfer the site and let us get on with it. have the Department of Energy conduct This is far too costly a price, one my While I agree that the latest actions of the independent testing at Ward Valley, and State cannot continue to bear. That is US Department of the Interior appear to then will require another Supplemental EIS why, Mr. President, I am a cosponsor of confirm the notion that the Clinton Admin- before deciding upon the conditions for istration is trying to usurp the states’ duly transfer. legislation pending in the Senate to delegated power to regulate low-level waste Every person and organization which has convey Ward Valley to the State of disposal, I am still hoping the transfer can anxiously followed California’s decade-long California and to allow the construc- occur soon. If the delays by the Department effort has concluded from this latest set of tion of the Ward Valley low-level ra- of the Interior were to result in repeal of the demands that the Clinton Administration

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4895 has no intention of transferring land to Cali- ties, harmless form any federal or state away by regulators who are now writ- fornia for our regional disposal facility. I cleanup related (Superfund or CERCLA) li- ing the regulations for that bill. cannot help but agree. There is no scientific ability which they might potentially incur I have asked in our committee that basis for further testing prior to construc- as a result of using a waste facility which is we hold a hearing and bring those Com- tion or legal requirement for a Supplemental on a substantially less protective site than EIS. These demands are purely political, and Ward Valley and which has already experi- missioners before the Commerce Com- made for the sole purpose of delaying, if not enced tritium migration to groundwater. mittee. I know many Members of the terminating, the Ward Valley project. It is If LLRW generators in your state have Senate have written to me urging such clear that, once these demands are met, problems with storage or with use of Barn- a hearing because they are concerned more demands will be made. In short, be- well similar to those of California genera- that the intent of Congress is not being cause President Clinton doesn’t trust the tors, I urge you to join with me in demand- followed. states to assume the obligations which Gov- ing similar relief. The telecommunications bill was a ernor Clinton asked Congress to give the Sincerely, very well-written bill. We had a check- states, he has proven that the LLRW Policy PETE WILSON. Act does not work. Faced with this lack of list for the entry of companies into the political will to implement the policy he f regional, local telephone business and himself once supported, many now question WHITE HOUSE TRAVEL OFFICE also for entering into the long-distance the wisdom of expending further resources in LEGISLATION telephone business. Those rules are set. a futile effort to further that policy. Also, the whole issue of the States’ The intransigence of the Clinton Adminis- The Senate continued with the con- power and participation with the tration in connection with the Ward Valley sideration of the bill. States’ public utilities commissions land transfer leaves me few options as Gov- Mr. PRESSLER. Mr. President, on a was clearly written out in that bill. ernor of California. The Ward Valley site is separate subject, let me say I strongly clearly the best site in California for LLRW I was just this morning told by one of support the efforts of the majority disposal, a fact upon which my predecessor our good public utilities commissioners leader to repeal the President’s Clinton Governor Deukmejian and former President that the States’ powers are being un- 4.3-cent-per-gallon fuel tax. I also be- Bush agreed. All other sites, including the dercut by the Federal Communications lieve strongly that the efforts of the alternative site in the Silurian Valley, Commission. So we must be vigilant in present potential threats to public safety not majority leader in this area will result trying to remind the Federal Commu- found at the Ward Valley site. The Silurian in some relief to the consumers of nications Commission that their No. 1 Valley site is also located on federal land, America. guideline in the implementation of reg- and there is no reason to believe that the In my State of South Dakota, agri- Clinton Administration has any greater mo- ulations is supposed to be intent of culture and tourism are the two most tivation to transfer that site. Congress. Consequently, to continue the effort to es- important industries. This is just the I remember in Clark Weiss’ law class tablish a regional disposal facility, Cali- time of the year that farmers are driv- the importance of ‘‘intent of Congress’’ fornia would need to identify a site on pri- ing their tractors, truckers are hauling vately-owned land which would be tech- for administrative law. That is the key agricultural supplies and produce and that these agencies are supposed to fol- nically inferior to War Valley and would be seeds, and tourists are beginning to unlikely to license in accordance with Cali- low. But that has been abandoned in fornia’s and my own uncompromisingly high come to see Mt. Rushmore and the at- this Government because now the standards for the protection of public health tractions in southwestern South Da- agencies are more powerful in some and safety. For these reasons, I would per- kota. They need immediate relief from cases than Congress. That is unfortu- sonally oppose identifying any other poten- high fuel prices. nate. tial disposal site in California. I also support the Justice Depart- Therefore, as Governor of California, I am But the Federal agencies, when they ment’s antitrust probe into the recent write the regulations, the foremost compelled to inform you that, because the price increases. Certainly, we need to Clinton Administration has made compli- thing in their mind is supposed to be ance with our obligations impossible, Cali- know if price fixing is occurring. How- intent of Congress and not going off fornia will be unable to provide a regional ever, past antitrust investigations have and starting to legislate all over. If disposal site for your state and the other failed to produce conclusive evidence of they want to be legislators, they can states of the Compact during the tenure of illegal activity. We need to take action go out and run, as I am running this this president. California will continue to now. I hope the Congress can avoid pro- seek title to the Ward Valley land, but will year, and submit their name to the cedural delays and give immediate republic. But they are not legislators. devote greater resources to a repeal of the lief to millions of Americans at the gas LLRW Policy Act, and to the enactment of They are regulators. They are a regu- federal legislation making the federal gov- pumps. latory agency, not the legislative ernment responsible for the disposal of Let us remember that this Senate branch of Government. I will plead LLRW. has been stalled by filibusters through- with the FCC to remember that as they The Department of the Interior has for- out this session. I know that the na- mally announced that California’s LLRW write those regulations. Mr. President, tional media has stopped using the I yield floor. generators are not harmed by its inter- word ‘‘filibuster,’’ but that is what is ference with the opening of the Ward Valley Mr. COVERDELL. Mr. President, I LLRW disposal facility because they have happening. The Senate is tied up in suggest the absence of a quorum. access to the disposal facility in Barnwell, knots. The approach of the opposition The PRESIDING OFFICER. The South Carolina. Given the public safety in this Chamber has been nothing more clerk will call the roll. threat to the good citizens of South Caro- than gridlock and filibuster. The bill clerk proceeded to call the lina, and the additional costs and exposure Therefore, I hope we repeal the fuel roll. to liability to users, I find this suggestion tax very quickly. We are ready to do it. questionable. Nevertheless, in order to make Mr. COVERDELL. Mr. President, I Members of the Senate Finance Com- ask unanimous consent that the order this an even marginally acceptable solution, mittee have discussed this. We are pre- I am calling upon the federal government to for the quorum call be rescinded. do all of the following: pared to act. The PRESIDING OFFICER. Without Assume responsibility for assuring contin- f objection, it is so ordered. ued access for all California generators of f LLRW to Barnwell; THE TELECOMMUNICATIONS ACT Subsidize the amount of any transpor- Mr. PRESSLER. Mr. President, on WHITE HOUSE TRAVEL OFFICE tation costs to Barnwell which exceed trans- LEGISLATION portation costs to Ward Valley; yet another subject, I hope that the Ensure that California generators obtain Federal Communications Commission The Senate continued with consider- any necessary permits for transportation follows the intent of Congress regard- ation of the bill. across the United States and to Barnwell; ing the recently passed Telecommuni- Mr. COVERDELL. Mr. President, I Indemnify California generators and trans- cations Act. I was privileged to be able understand we are on the pending busi- porters for any liability which might result to author and chair the Joint House- ness and there are no time limits. from the necessity to transport California Senate conference committee on tele- waste from coast to coast; and most impor- The PRESIDING OFFICER. That is tantly, communications. But I fear that some correct. Hold California generators, including the of the deregulation and some of the Mr. COVERDELL. Mr. President, I University of California and other state enti- good things in that bill are being taken rise today in support of the actions

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4896 CONGRESSIONAL RECORD — SENATE May 9, 1996 taken by the majority leader earlier At the end of the day they only have buses. And the fuel costs are passed on this week. Just to outline, we have the half of their wages left to do all the to passengers. underlying proposal, which is the effort work that we ask that family to do for It is a regressive tax. I suspect that to reimburse the Dale family for the our country. That must make Thomas is why the President, during his cam- costs they have that they were un- Jefferson roll over in his grave. If you paign, said it was not a good idea. It justly burdened with. That has been read through his works he warned over only became a good idea after he was objected to by the other side. and over of the propensity of the Gov- elected. Because three-quarters of The majority leader has come for- ernment to take the rightful wages those Americans earning less than ward with a full-ranging proposal that, away from those that earned them. $10,000 per year commute to work in first, repeals the 4.3-cent gas tax that That is exactly what we have done in privately owned autos, a flat tax rate was imposed on America by President this United States of America. falls disproportionately on these poor Clinton in August 1993; second, would Repealing the gas tax is a long way as a percentage of their income. In grant the other side their vote for from redressing and correcting this 1987, the Bureau of Labor Statistics which they have sought on raising the horrible imbalance. It would have been data show that the poorest 20 percent minimum wage; and third, would call much better if the $245 billion in tax of Americans devote 8.8 percent of for a vote on what is characterized as relief—children’s tax credits, elimi- their expenditures to gasoline and the TEAM Act, but which is properly nating the marriage penalty, alleviate motor oil, while the wealthiest 20 per- described as giving American workers the pressure on those living off Social cent devote only 3.1 percent of their ex- the opportunity to meet without Security—if all those things we sent penditures to gasoline and motor oil. threat to the National Labor Relations the President had been signed into law, There is another feature of the gas Board, to meet with management to then we would have put about $3,000 to tax the President imposed on America discuss the general improvement of $4,000 back into the checking account that I disagree with, and that is that their work environment, an idea that of the family I just described. What a the tax was taxed on a user fee con- came to us out of a tough competitor, difference that would have made. That cept, but was not used to build better Japan, where they had experimented is the equivalent of about a 10- or 20- roads or safer roads. The tax was im- with management employees orga- posed on the user of gasoline and motor nizing themselves into various work percent pay raise for that family. When oil, but it was shifted into other ex- groups to improve the product and to you think of the responsibilities we put improve their competitiveness. We on those families, that kind of resource penditures and a growing Government. have before us these three very impor- is an enormous difference. It is regressive. It is hurting the mid- tant proposals. Repealing the gas tax, one piece of it, dle-income family, hurting our commu- Mr. President, when President Clin- will help. It will put somewhere in the nities, and it was not used in a dedi- ton was running for the Office, he told neighborhood of $100 to $400 back into cated form for highways and safer the American people that a gas tax was their checking account. It will be used roads. the wrong thing to do. He said it was a lot better there than having been This tax should be repealed, and it the wrong thing to do because it was shipped off to the Federal Government. should be followed, Mr. President, by particularly offensive or hard on low- Just to cite some figures here, we other reductions in taxes, so that we income families and on the elderly. I have just gotten a report from the Her- can get more money in the checking would expand it. I think it is not only itage Foundation. This 4.3-cent gas tax account of the average American fam- hard on low-income families and the el- on motor fuel, $168 million was re- ily, where it belongs, so that they can derly, but it creates a hardship among moved from Georgia and shifted up do the things they need to do to raise small business people. It is particularly here to this burgeoning Federal Gov- America. difficult for rural communities who are ernment. On diesel fuel, another $28.5 Now, Mr. President, a second feature confronted with long distances to trav- million was shipped up to Washington. of the proposal that Senator DOLE put el. I think it has been just one more And in jet fuel, of course, we have At- on the floor was, as I mentioned a mo- brick on the back of our middle-class lanta Hartsfield International, $27.5 ment ago, entitled the TEAM Act. The families. million, for a total $224 million. That is TEAM Act merely adds a short provi- Yesterday, May 8, Mr. President, was a quarter of a billion dollars taken sion to section 8(a)(2) of the National the first day that an American wage right out of the State, right out of the Labor Relations Act, to make it clear earner could keep their paycheck. That homes, right out of the businesses and that employers who meet together in is pretty remarkable, Mr. President. shifted up here so that we could have a employee involvement programs to ad- May 8 was the first day that wage earn- larger Federal Government. dress issues of mutual interest, as long ers could keep their paycheck. Their Now, Mr. President, I think leaving as they do not engage in collective bar- paycheck for their own needs, his or the quarter of a billion dollars in Geor- gaining, or attempt to, they can meet her housing needs, transportation, and gia, in those families, in those busi- and discuss general conditions in the all the things we ask of the American nesses, in those communities, in those workplace. The President, in his State people. school districts makes a lot better of the Union Address, in 1996, said, You ask, rightfully, anyone listening sense. We have heard people say, ‘‘Well, ‘‘When companies and workers work as to this, ‘‘Well, what happened to all the that does not amount to much.’’ If it a team, they do better.’’ So does Amer- paychecks from January 1 to May 7?’’ I does not amount to much, why are ica. can tell you. All of those paychecks there so many headaches about giving His Secretary of Labor, Robert B. went to a government. As hard as it is it back? If somebody wants to worry Reich, has said, on December 14, 1995, to believe, from January 1 to May 7, about it, let us let the folks at home ‘‘Many companies have already discov- every dime earned is taken by the gov- worry about it. This quarter of a bil- ered that management practices fully ernment, taken out of the resources of lion dollars being used by our families, involving workers have great value be- that family. When we take a snapshot businesses, our communities, makes hind their twin virtues, higher profits of an average family in my State, they much better sense. and greater productivity.’’ earn about $45,000 a year, both parents Mr. President, the report goes on to Those quotes are correct. So why is work and they have two children. By say, ‘‘The poor and lower middle class the other side so energized to keep this the time the government sweeps will be the biggest beneficiaries of this modern idea from coming into law? through their checking account and repeal.’’ Susan Perry, the senior vice Many American companies are intimi- you add on that family’s share of regu- president of the American Bus Associa- dated from having these kinds of ses- latory costs, which is now about $6,800 tion, testified on May 3 before the Sen- sions for fear of the current law, and a year, and by the time you add on ate Finance Committee that as a result that ought to be changed. their share of higher interest rates be- of higher fuel costs since the imposi- Mr. President, yesterday, I had two cause of the size of the Federal debt tion of the fuel tax, there are fewer bus separate groups of employees of compa- imposed on America by the Congress stops. The very poor, the very elderly, nies—a large numbers of employees— and the President of the United States, and the very rural are mostly affected contact our office, who think this con- that is about $2,100 a year. because they disproportionately ride cept is superior and belongs in the

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4897 workplace. They want to be able to en- So, Mr. President, families in the tion was, of course, that it was ade- gage in these kinds of activities in workplace today have both parents out quately offset. By adequately offset, their companies in Georgia so that there, and sometimes children. And obviously, we are talking not only they can improve what they do, so that they need a new workplace. They need about the source of revenue, but also they can compete, so that they can more flexibility in the workplace. They about the amount. And, of course, the protect their jobs. need more options in the workplace. second issue was that it be directly tar- Mr. President, one of those compa- The TEAM Act that Senator DOLE geted to consumer relief and not to the nies engaged in this kind of activity has put before the Senate this week is oil companies, or others. produced a $6 million annual savings a great first step. It is an initial step, Unfortunately, given the current leg- by one of the work groups that had met just like the repeal of that gas tax. It islative draft, as I said, we are told now together between employees and man- is a first step going in the right direc- that the revenue loss—the addition to agement for 6 months. They produced a tion leaving a little more money in the deficit—would be $1.7 billion in $6 million savings for that company. that checking account. This TEAM Act 1996. Clearly, that is not in keeping That helps make the company strong- is a first step to start moving America with the two criteria that we set out. er, more competitive, and able to hire to a new, a modern, a flexible, and a Our hope was that we could find an more employees, and protects the jobs friendly work environment. adequate offset and, for whatever rea- of those who work there now. Mr. President, by a 3-to-1 margin, son, that offset has not been achieved. We were taken by the number of em- when asked to choose between two It is ironic in some respects that, as ployees we have heard from seeking types of organizations to represent the Budget Committee is now meeting this kind of innovation in the market- them, workers chose one that would to find ways to reduce the deficit and place. Mr. President, candidly, we have no power but would have manage- reach a balanced budget in 6 or 7 years, ought to be doing a lot more to make ment cooperation over one with power the very legislation we are now consid- the new workplace modern, as we come but without management cooperation. ering falls short by $1.7 billion of the into the new century, with ideas and The American worker wants this flexi- necessary offset required to ensure laws that relate to the new century. bility in the workplace. that this legislation is entirely paid Labor law, today, is greatly governed I am very hopeful that at the end of for. by laws that were written 30, 40, and 50 this extended debate we will come to a And so, at an appropriate time—I ex- years ago. Those are old ideas. Those conclusion on the other side of the at- pect it will be about 1:30—I will make are restraining ideas, and those ideas tempt to block the repeal, to block the a point of order that the amendment is will keep America from competing TEAM Act. They are going to get their not fully offset. Because Senator DOLE with the rigorous competition that is vote on their idea of the minimum is not here, and because Senator LOTT developing throughout the world. The wage which I personally believe will and I have had the opportunity to talk workers in the workplace know this, cause about 500,000 people to lose their about their response, and to accommo- and they want these changes. jobs. But they are going to have their date the majority, we are going to wait The working family, today, in 1996, chance. We want a modern provision in until 1:30 to officially raise this point versus 1930 and 1940, is vastly different. the workplace, a new idea, one that we of order. That family, in the mid-1950’s, had one have seen make our competitors tough, Mr. President, this situation, again, spouse in the workplace. You could and we want to be as competitive as illustrates why having separate bills is count on one hand the number of fami- those other companies in those other so important. Obviously, now, you have lies that had both spouses working in countries. a point of order against an amendment the workplace. Today, you can count Mr. President, I yield the floor. I sug- dealing with gas taxes that has an ef- on one hand, almost, the families for gest the absence of a quorum. fect on the travel legislation, on the which both spouses are not in the The PRESIDING OFFICER. The minimum wage, and on the so-called workplace. clerk will call the roll. TEAM Act. So this is becoming more Mr. President, just as an aside, I be- The bill clerk proceeded to call the and more convoluted, the more we get lieve the Government is principally re- roll. into this debate and the closer we look. sponsible for that. You might ask, why Mr. LOTT. Mr. President, I ask unan- I think it, again, makes the point is that? It is because we have pushed imous consent that the order for the that, unless we can separate these the tax burden higher and higher and quorum call be rescinded. issues, unless we can have individual higher, and in order for these families The PRESIDING OFFICER. Without debates and votes on each bill, we are to fulfill their responsibilities, they objection, it is so ordered. going to continue to be frustrated by have to have two or more people in the Mr. LOTT. Mr. President, I ask unan- the complex nature of this very intri- workplace to keep the family going, to imous consent that the time between cate legislative structure that we have keep it educated, to keep it housed. now and 1:30 p.m. be equally divided for created for ourselves. So I hope that we In fact, about a year ago, Mr. Presi- debate only. can, again, find a way to separate out dent, I did a graph, and I graphed the The PRESIDING OFFICER. Is there the legislation and have a good debate, new tax burden, beginning in 1950, and objection? a good vote, and deal with these issues ran it up through 1996. And then I did Without objection, it is so ordered. one at a time. another graph. That graph was of the Mr. DASCHLE addressed the Chair. I yield the floor. number of American families for which The PRESIDING OFFICER. The Mr. LOTT addressed the Chair. both spouses were working. You are Democratic leader is recognized. The PRESIDING OFFICER. The ma- not going to be surprised that the two Mr. DASCHLE. Mr. President, the jority whip is recognized. lines track each other almost identi- distinguished majority whip and I have Mr. LOTT. Mr. President, as the dis- cally, because as that tax burden went had a number of consultations over the tinguished Democratic leader noted, up each succeeding year, as Congress last several hours, and we still have Senator DOLE will be back around 1:30. spent more, built more, got bigger, not reached any resolution to the im- I am sure that we will have continuing with more programs, it had to take passe that we are facing. But I do want conversations in between now and that more of the earnings from that family. to note that over the last couple of time, and the leader will be here and And at the end of the day, that family days, as we have had the opportunity prepared to take action, also. had to put more workers in the work- to more closely examine the gas tax re- I want to emphasize that we are con- place. peal legislation, it has now been made tinuing to work to find a way to get I do not believe there is any institu- evident to us that the offset that is in- through this process. The Members tion that has had a more profound ef- corporated in the legislation falls $1.7 clearly want an opportunity to vote on fect on the American family than our billion short of the revenues needed to the gas tax repeal. I understand the own Government, more than Holly- provide for the offset in 1996. Democratic leader wants a straight wood. What other institution would Throughout this debate, we have in- vote on the minimum wage. My under- sweep through an American family and dicated that we would be supportive standing of the offers we have been dis- take half its wages? None. under two conditions. The first condi- cussing back and forth would provide a

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4898 CONGRESSIONAL RECORD — SENATE May 9, 1996 clear, straight, separate vote on min- think maybe he indicates that he minutes to the distinguished Senator imum wage. We have looked at dif- would, if it were sent to him in such a from Rhode Island as the allocation of ferent ways to approach that, including way that it did not have things that he the time that we have remaining. different combinations of the three would call poison pills and which he Mr. LOTT. Mr. President, parliamen- matters that are pending—the gas tax would call the opportunity for him to tary inquiry. That would mean 15 min- repeal, minimum wage, and the free- use his poison pen again. But we do utes. So we would get at least 15 min- dom in the workplace, known as the have offsets in this legislation. utes on our side to offset that. So we TEAM Act. We are still working on The only problem is that the gas tax should have enough time to cover the that, and I have faith that we can find repeal would take effect immediately speakers that we have. a way to address all of these issues in and for some of these offsets it takes I yield the floor, Mr. President. an appropriate manner. some time before they actually begin The PRESIDING OFFICER. The Sen- We do have some proposals pending to start coming in. ator from Wyoming. right now that we hope to be able to But, again, I think we can work out Mr. THOMAS. Mr. President, I ask agree to here within the next hour, as the offset in such a way that it is fair unanimous consent to use 5 minutes of to how we will proceed for the balance and would cover the loss to the Treas- the time on our side to talk about the of the day, and what time we might ex- ury. We do not want to add to the def- issue that is before us. pect votes to occur, and how we would icit. But we also are very committed to This has been going on for some deal even with Friday and next Mon- trying to help the working people of time. I have not been privy to the in- day. So we will continue to work with America get this gas tax off of their ternal workings of it. But I have to tell that. backs. We will continue to work on you, I am a little bit disappointed in With regard to the tax repeal, I indi- that. the system where we have gone now for cated privately—and I will do it here I point out, also, as the distinguished almost 2 weeks and have effectively publicly—on behalf of the leader yes- Democratic leader has, as I understand done nothing. It seems to have been terday that I thought we could get it, that the minimum wage probably is perfected on that side of the aisle—the some agreement on what amendments subject to a point of order. I do not idea of being able to keep things from might be offered. I do not think the think the leader would want to have happening. Let us talk about what we leader is opposed to having some that happen because I believe it would are really doing here. amendments as long as we do not have be identified as an unfunded mandate As I recall, the basis is the a filibuster, as long as they are rel- where it would direct that we have the Travelgate question, the question of re- evant, as long as there is not a fili- minimum wage, and it would mean loss imbursing those employees who were buster by amendment, and if we could of jobs. So that would be subject to a unfortunately, and I think perhaps un- get an amendment identified. point of order. fairly, accused regarding their fees in I know the Senator from North Da- So I would be inclined, if we get into the Travelgate affair at the White kota is looking for some way to make this point of order process, to think we House. sure that this gas tax repeal actually should waive that and not have the gas We are talking about minimum wage, gets to the people buying the gas. We tax knocked out because it is a revenue which I do not happen to support. I agree with that. We want to make sure bill that did not begin in the House, for think it takes more jobs than it cre- that it actually gets to the people who whatever purpose, or have the min- ates. But I am certainly willing to have have been paying these taxes. We have imum wage knocked out. I do not a vote on it. I think it is interesting. some language in the gas tax repeal think the Democratic leader would You get accusations about politics. The that we think addresses that. But if want that to happen. If we should by minimum wage did not come up for 21⁄2 there is a way to help in a way that it chance combine those two issues, the years when the Democrats controlled can be administered to help guarantee gas tax and minimum wage, we would the House and the Senate, as well as that that actually happens, I would not want either of them to be knocked the White House. But suddenly—I guess like to look at that because I want to out by a point of order, whether it is a it was just happenstance—when the make sure that the people of my State revenue measure our unfunded man- AFL–CIO was here, they promised to get this 4.3-cent gas tax repeal because date, because with minimum wage you give $35 million for the election, this I personally did not think they should are mandating that small businesses issue came forward. I am sure that was have been paying it in the first place. throughout this country have to bear an accident. That is why I spoke against it and the burden of this increase, which I am The TEAM bill, which seems to me to voted against it in 1993. I thought it convinced would lead to the loss of jobs be pretty hard to argue against, is an was a tremendous mistake at the time of people who need them the most. opportunity for people to work with to start taking on a permanent basis a But there are these arguments on their employer to find ways to deal gas tax—not for the highway trust fund both sides. I think a good-faith effort is with issues that affect them as a busi- to build interstate highways and Fed- being made to work through it to see ness person. It seems to me that is a eral highways and bridges that we need how we can address the offsets and how great idea. There seems now to be ques- desperately—and move it over to the we can address guaranteeing that the tions about whether it can be done, and deep, dark, black hole of the General gas tax repeal gets to the people we that needs to be clarified. I support Treasury never to be heard or seen want to get it—and that is the working that. from again. I thought that was a mis- people, the people who drive long dis- The tax reduction, I think, is one of take. So I would like to repeal that. I tances, paying for this unfair gas tax the most important things that we would like to guarantee that it gets to to go into spending by the Federal Gov- have talked about here. I was in the the people. If we can identify some ernment. But we will have a chance to House when this came up. I voted amendments, or an amendment, I work on this further here in the next 30 against it for several reasons. One is would like to see that. I think the lead- or 40 minutes. I will be glad to talk that it does not have anything to do er would be willing to look at that, if with the distinguished Democratic with the maintenance of highways. It we could work out an agreement on it. leader and others, and then we will does not have anything to do with As to the offset, we have an offset in communicate with the majority leader roads. Someone in our hearing this our proposal. We think it is a credible when he returns. morning said, ‘‘Well, why don’t we do offset. We have a small amount—$2.4 Mr. DASCHLE addressed the Chair. the 10 cents that came up earlier?’’ billion, as I understand it—from spec- The PRESIDING OFFICER. The mi- There is a significant difference be- trum, plus some savings from travel at nority leader. tween the two. This one goes into the the Energy Department. There may be Mr. DASCHLE. I know there are at general fund for social programs, or some lag time because, if this gas tax least two Senators on our side who whatever. The other one goes to the repeal is signed into law and goes into wish to speak, and I see those on the maintenance of highways, which has effect, if in fact the President signs it— majority side as well. traditionally been our system, where I am not sure; the indication is that I yield 5 minutes to the distinguished the gas tax goes for the maintenance maybe he would or would not. Now I Senator from North Dakota, and 10 and building of the highways.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4899 The other is, of course, that it is an- getting a haircut. There is no relation- Mr. PELL. Mr. President, I rise to re- other tax that is added on. It is a tax ship between the two. iterate that we should not rush head- that some claim is used, of course, to The 4.3-cent-per-gallon gas tax put on long, like lemmings to the sea, to re- balance the budget. I would like to sug- 21⁄2 years ago was put on to reduce the peal the 4.3-cent-a-gallon gasoline tax. gest that we ought to be a little more deficit. The deficit has been reduced in When this tax was enacted in 1993, it proud about balancing the budget if we half. The fact is after the gas tax was was specifically dedicated to deficit re- reduce the spending rather than raising put on, for market force reasons the duction, and experience to date indi- taxes, rather than talking constantly price of gasoline came down, having cates that the gas tax has been helpful about how we are coming closer to bal- nothing, of course, to do with the tax. in this regard. Under President Clin- ancing the budget because we had the Those who say let us reduce the gas ton, the deficit, which was at a high of largest tax increase in our history. In- tax now might listen to the oil com- $290 billion in 1992, has been brought stead, we might talk a little bit about pany executives who are telling us down to an estimated $144 billion in the how we might reduce the size of Gov- there is no guarantee that the gas price current year. Why repeal this tax, ernment. I think people in my State is going to come down if you repeal the when to do so will slow down or reverse say the Federal Government is too big, 4.3-cent-per-gallon gas tax. this favorable trend and add billions of that it costs too much. But instead we So the question is, which pocket will dollars to the deficit? Rather, we talk about how we are going to balance be the beneficiary of some $30 billion in should consider raising, not lowering the budget by raising taxes. the next 7 years—the big pocket of the the gasoline tax in order to further re- I am a little surprised that that tax oil industry or the pockets of the driv- duce our deficit. increase passed at all, of course. The ers? There is no guarantee it is going I join the senior Senator from West Virginia [Mr. BYRD] in expressing the President said, and I quote from 1992. to be passed on to the drivers. The point I want to make is this. My thought that we should not accept even ‘‘I oppose Federal excise tax increases understanding is that the bill brought a temporary repeal. for gas.’’ That is when he was cam- to the floor by those who want to It has been suggested that the funds paigning. After he was elected, then he change the Constitution to require a with which to finance this repeal may started with a Btu tax and ended up balanced budget, by those who say be found by cutting education spend- with this one. Bill Clinton said in 1992, today they are working in the Budget ing, requiring banks to pay more to the commenting on the gas tax proposal, Committee to produce a balanced budg- savings association insurance fund, ‘‘It sticks it to the lower income, mid- et, will now result in a vote by a point cutting Energy Department expenses, dle-income retired people in the coun- of order on the budget; that we will be and/or, selling off unused wavelengths try, and it is wrong’’—talking about a required to vote to waive the Budget on the broadcast spectrum. The dis- gas tax. Act, as I understand it, because this parity of these suggestions seems to in- So, Mr. President, I think we ought proposed repeal of the gas tax will indicate that there exists no credible to move forward. I understand that this crease the Federal deficit by $1.7 bil- consensus as to exactly how we will be is the deliberative body. I understand lion to the end of this fiscal year and able to pay for this ill-advised tax cut. the rules that, when I ask about them, by $2.8 billion by January 1. The offsets Probably for these same reasons, the I usually am told, ‘‘Well, they have they propose will come apparently in States show no inclination to cut the been that way for 200 years.’’ But their 1998. tax. Across the country, State gasoline needs to be a way for us to move for- So we will have the interesting pros- taxes often exceed the Federal tax of ward. We are here to solve problems. pect that those who are bringing a bill 18.4 cents per gallon. The State tax on We are not here to find ways to keep to the floor saying we want to balance gasoline in my home State of Rhode Is- from solving them. I think we ought to the budget also come to the floor to land is the second highest in the Na- move forward. I am pleased with what move to waive the Budget Act to allow tion, at 28 cents. Yet no State legisla- I hear from the leaders that we might the budget deficit to grow, as a result ture thus far has moved to cut their be in a position to move forward and of their proposal on the gas tax, $1.7 gasoline tax, reasoning wisely, that it make some decisions. billion in this fiscal year and $2.8 bil- helps stave off operating deficits, ena- I yield the floor. lion by January 1. bling States to balance their budgets. The PRESIDING OFFICER. The Sen- I will not intend to vote to waive the A task, I might add, which they seem ator’s 5 minutes have expired. Budget Act to do that. But that will to perform better than we. The Senator from Rhode Island has apparently be the vote, the vote to I recognize that higher gas prices im- been allocated 10 minutes. waive the Budget Act and against the pact adversely upon commuters and The Senator from Rhode Island. point of order that will be made. It will those whose daily livelihood depends Mr. DORGAN addressed the Chair. be an interesting debate. upon the availability of low priced fuel. The PRESIDING OFFICER. The Sen- I think it makes no sense for us to But it should be noted that the price of ator from North Dakota. begin running backward on this issue gasoline today, when adjusted for infla- Mr. DORGAN. Mr. President, I will of the budget deficit. The budget def- tion, is as low as at any time since not take the entire 5 minutes, and I ap- icit has been cut in half and is coming World War II. With prices relatively preciate the indulgence of my col- down 4 years in a row, down very sub- low, demand for gasoline has been league. stantially. If you reduce the gas tax 4.3 steadily rising; motorists today are The PRESIDING OFFICER. The Sen- cents a gallon and to do so will in- driving more, at higher speeds, and in ator is recognized for 5 minutes. crease the budget deficit, which is cars that are less fuel-efficient than in Mr. DORGAN. I listen from time to going to happen in this proposal and years past. In consequence, we now de- time, and I wonder some morning which is why the point of order and the pend on foreign suppliers for close to whether we will not come out to hear motion to waive the Budget Act to in- half of the oil we consume. the other side blame the President for crease the deficit, it does not make any Partly as a result of this dependency, thunderstorms and tornadoes that sense. We will have an interesting de- we now have a temporary shortage of rolled across the Midwest the night be- bate about that. But that will eventu- supply, making it unlikely that prices fore. It seems to be a popular sport in ally be the vote in the Chamber—to will go down in response to this tax de- the Senate. I guess I understand that. permit a higher Federal deficit in order crease. Rather, the forces of the mar- However, I wanted to just comment to repeal a 4.3-cent-per-gallon gas tax ket, inexorable as they are, will delay for a moment on what it appears to me which oil company executives say a drop in the price of gasoline until the vote will be on soon. It appears to there is no guarantee it will show up in sometime later this summer, when sup- me that the proposal to reduce the gas the price of gas at the pumps in this plies are expected to increase. To quote tax by 4.3 cents is a result of the gas country. the Los Angeles Times, ‘‘the grim les- price spiking up 20 or 30 cents in recent Mr. President, I yield the floor. sons about over-dependency of the weeks. Some have come to the floor Mr. PELL addressed the chair. 1970’s are being forgotten, and the con- and said let us reduce the gas tax by 4.3 The PRESIDING OFFICER (Mr. servation ethic is slipping away.’’ cents per gallon. I said this morning THOMAS). The Senator from Rhode Is- Finally, there is absolutely no cer- that is like treating a toothache by land. tainty that the oil companies will pass

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4900 CONGRESSIONAL RECORD — SENATE May 9, 1996 this rebate on to the consumer. Econo- S. 295, the TEAM Act, is certainly LUXEMBOURG mists across the spectrum, ranging not the answer. The bill, as passed by Co-determination laws only cover compa- from William Niskanen of the Cato In- the Senate Labor and Human Re- nies that have had 1,000 or more employees stitute to Phillip K. Verleger at sources Committee, amends the Na- for 3 years. The State also must have at Charles River Associates, agree that least a 25% interest in the firm. tional Labor Relations Act to allow the 1 the 4.3-cent-a-gallon cut will benefit Worker representatives account for ⁄3 of employer, I repeat, the employer ‘‘to each Administrative Board. In reality, how- the oil industry, not the consumer. The establish, assist, maintain, or partici- ever, day-to-day work is handled by a sepa- total effect of this gesture will be to pate in any organization of any kind, rate Management Board that has no require- add $2.9 billion to the Federal deficit in which employees participate to ad- ment for union membership. over the next 7 months, while transfer- dress matters of mutual interest.’’ At FRANCE ring the same $2.9 billion to the pock- no point in this section of the TEAM Nationalized companies have Supervisory ets of refiners and gasoline marketers. Act is there any mention of employee Boards with equal membership of Govern- I urge my colleagues to resist the si- rights, nor are employees given the ment representatives, worker representa- ren’s song of the inevitability of this right to designate their representatives, and consumer representatives. tax cut. Economist Michael Toman of tives. There are no legal provisions for worker Resources for the Future is quoted in I must say I was very encouraged on representation in private sector companies. the Washington Post as describing such Tuesday to hear that the senior Sen- UNITED KINGDOM a cut as ‘‘nutty.’’ I would simply add ator from Massachusetts [Mr. KEN- Boards of nationalized companies contain that it is wrong-headed and ill-con- NEDY] suggested an amendment to the minority worker representation. ceived. It should be rejected. TEAM Act allowing workers to select There are no legal provisions for worker representation in private sector companies. Mr. President, several weeks ago, their representatives. when the Senate Labor and Human Re- I regret that we find ourselves faced THE NETHERLANDS sources Committee met to mark up S. with the current deadlock. Not only There are no legal provisions for worker 295, the TEAM Act, I once again spoke are Senators prohibited from amending representation in private sector companies. of my longstanding interest in innova- any of the three issues under consider- BELGIUM tions in the conduct of labor-manage- ation but American workers are faced There are no legal provisions for worker ment relations. As I said at that time, with the choice of giving up their representation in private sector companies. I have been particularly interested in Only the most liberal unions in the coun- rights in return for a raise. try favor worker representatives. the efforts of many European countries It is clear that the path out of this to involve workers in policy delibera- predicament is to separate the min- ITALY tions at all levels of corporate bureauc- imum wage increase, the gas tax re- There are no legal provisions for worker racy. In Europe, this practice is re- representation in private sector companies. peal, and the TEAM Act, allow each to Italian unions view Co-determination as an ferred to as ‘‘co-determination,’’ and be amended and then individually means that management and labor sit effort to dilute worker power. Instead, they voted on. favor worker self-management. on the same board. Furthermore, the only solution to While it is not suggested that what REPUBLIC OF IRELAND the stalemate over the TEAM Act—as I There are no legal provisions for worker works in Europe would work here in have said for many years now—is to the United States, the notion of worker representation in private sector companies. allow employees to freely select the involvement is no less valid. Now, after Source: Intereconomics. No. 78, 1978, pg employee representatives of the work years of regrettably bitter, conten- 200–204. councils. tious, and even violent interaction and Mr. ASHCROFT addressed the Chair. Mr. President, I ask unanimous con- Mr. ASHCROFT. Mr. President, I ask with the ever-increasing demands of a sent that a document titled ‘‘Co-deter- high-technology workplace in a global unanimous consent to speak as in mination in European Countries,’’ pre- morning business for 10 minutes. economy, a more collaborative process pared by my staff, be printed in the has developed that brings workers and The PRESIDING OFFICER. Without RECORD. objection, it is so ordered. employers together on an ongoing There being no objection, the mate- The Senator from Missouri is recog- basis. Companies ranging from Texas rial was ordered to be printed in the Instruments and IBM to Harley-David- nized. RECORD, as follows: son motorcycles have instituted ongo- Mr. ASHCROFT. I thank the Chair. ing employer-employee work councils. CODETERMINATION IN EUROPEAN COUNTRIES (The remarks of Mr. ASHCROFT per- There is, I believe, little disagree- GERMANY taining to the introduction of S. 1741 ment about the value of these councils. Coal & Steel Co’s (1,000+ employees): Equal are located in today’s RECORD under There is, however, considerable debate number of worker and shareholder represen- ‘‘Statements on Introduced Bills and about the current legality of these tation along with an additional independent Joint Resolutions.’’) member agreed on by both sides. Mr. CRAIG addressed the Chair. groups. We are told by some that this Joint Stock Company (less than 2,000 em- The PRESIDING OFFICER. The Sen- disagreement produces a chilling effect ployees): worker reps. hold 1⁄3 of seats on Su- that hinders the continued and future pervisory Board of company. These reps. ator from Idaho. development of employer-employee can’t be proposed by the union and must be Mr. CRAIG. Mr. President, I ask work councils. elected by all company employees. unanimous consent to speak as in I have tried for some time to find the Limited Liability Co’s. (500–2000 employ- morning business for up to 5 minutes. proper balance. During the last Con- ees): worker reps. hold 1⁄3 of seats on Super- The PRESIDING OFFICER. Without gress, I introduced legislation, S. 2499, visory Board of company. These reps. can’t objection, it is so ordered. that, among other aspects, established be proposed by the union and must be elected Mr. CRAIG. I thank the Chair. by all company employees. a formal election process for employee Others: An equal number of both employ- (The remarks of Mr. CRAIG pertaining representatives. ees and shareholders. Depending on size of to the introduction of S. 1741 are lo- While not introducing legislation company each side has 6–10 representatives. cated in today’s RECORD under ‘‘State- during this Congress, I have continued Trade union must have at least 2 reps, 3 if ments on Introduced Bills and Joint to explore other avenues in this area. I the total employee representation = 10. Resolutions.’’) had hoped to offer an amendment dur- Other employee groups (blue collar, white Mr. CRAIG. Mr. President, I suggest ing the Labor Committee markup that collar, and executives) must also have at the absence of a quorum. would give employees the right to se- least one representative. The PRESIDING OFFICER. The lect their own council representatives; DENMARK clerk will call the roll. ensure that council agendas were open Co-determination laws only cover compa- The bill clerk proceeded to call the to both employees and employers and, nies with 50 or more employees. roll. Workers are entitled to elect 2 or more rep- Mr. LOTT. Mr. President, I ask unan- finally, prohibit the unilateral termi- resentatives to the company Supervisory nation of a council. I decided not to board. Shareholders appoint at least 3 mem- imous consent that the order for the offer language of this nature, however, bers. There is no upper limit to the number quorum call be rescinded. because of a lack of support from both of representatives but shareholder represent- The PRESIDING OFFICER. Without the majority and organized labor. atives must hold the majority. objection, it is so ordered.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4901 UNANIMOUS-CONSENT AGREEMENT Act because it would allow employees ington Post. The TEAM Act is an act Mr. LOTT. Mr. President, we have the privilege to participate in work- that does nothing more and nothing had continuing consultation with the place decisions, giving the workers a less than legalize workplace coopera- Democratic leader and with the major- greater voice in matters of mutual in- tion between nonunion employees and ity leader. I believe we have worked terest such as quality, productivity, management. out an agreement as to how we can and safety. These are rational things Union representatives tell me that proceed for the balance of the day. and ought to be a subject of discussion they fear that the TEAM Act would I ask unanimous consent that not- between workers and employers. But, withstanding rule XXII that the clo- prevent them from organizing union current law prohibits this type of par- shops. I want to emphasize that this ture vote occur on the Dole amend- ticipation. ment at 5 p.m. this afternoon; that the The bill before the Senate would, act does not apply to union settings mandatory quorum under rule XXII be among other things, encourage worker- and would not undermine existing col- waived, and the time between now and management cooperation. It would pre- lective bargaining agreements. the cloture vote be equally divided in serve, without a doubt, the balance be- Under the TEAM Act, workers retain the usual form for debate only. tween labor and management, while al- the right, as they should, to choose an The PRESIDING OFFICER. Without lowing cooperative efforts between independent union to engage in collec- objection, it is so ordered. worker and employer. It would permit tive bargaining. But as it stands now, Mr. LOTT. Mr. President, I yield the voluntary cooperation. It would do it if employees choose not to organize— floor for a point of order, I believe, between workers and employers and and 88 percent of the private sector has from the Democratic leader. would allow all we want to encourage chosen not to—they are penalized by Mr. DASCHLE. Mr. President, I have to continue working. not being able to conduct this sort of already articulated the concerns that Current law prohibits 85 percent of worker-employer cooperation through we wish to raise about the pending working folks from talking with their committees. amendment. I will simply restate, in employers in employee involvement In other words, they are gagged and its current form, it falls $1.7 billion committees. I know that does not prohibited from discussing workplace short of the revenues needed to cover sound reasonable, but present law pro- issues with their employers. Through- the offset the gas tax provisions in fis- hibits it. It prohibits discussing things out this debate, I have heard some of cal year 1996. like the extension of employees’ lunch my colleagues talk about how they At this time, I make a point of order breaks by 15 minutes; sick leave; flexi- mistrust the intention of management. that the amendment violates section ble work schedules; free coffee; pur- My colleagues who make these state- 311 of the Budget Act. chase of a table, soda machine, micro- Mr. LOTT. Mr. President, it has been wave, or a clock for the smoking ments must assume that workers and brought to my attention that the pend- lounge; tornado warning procedures; managers have a built-in adversarial ing Dole amendment, which contains safety goggles for fryer and bailer oper- relationship, or they want to promote the Democratic proposal for the min- ators; ban on radios and other sound some adversarial relationships, instead imum wage increase, violates the equipment; dress codes; day care serv- of promoting cooperation, which this Budget Act by creating an unfunded ices, and no smoking policies. We know legislation would allow them to do. mandate. that because employee-employer com- At one time that may have been true, Our friends on the other side of the mittees have tried to discuss these but that was decades ago and is gen- aisle have been requesting they get a things and their efforts have been erally not true today. The employers, clean vote on this minimum wage found illegal. The President spoke in as well as the employees, whether from amendment for some time now, and it support of this sort of cooperation in my State or other States—but I listen seems to me if the amendment were to his State of the Union message this primarily to those in my State—tell fall on the point of order just raised, year. He said: me they only want the legal privilege that our colleagues would lose their op- When companies and workers work as a to form partnerships to promote coop- portunity for such a vote. team, they do better, and so does America. erative work environments. They just With that in mind, I move to waive Mr. President I agree with the Presi- want to be able to talk to each other. titles 3 and 4 of the Budget Act for con- dent of the United States. I also agree sideration of the Dole amendment No. One of my colleagues on the other with what Secretary Reich said in July 3960. side of the aisle stated that most com- Mr. DASCHLE. Mr. President, I ask 1993. He said this in an article in the panies already legally meet with their for the yeas and nays. Washington Post: employees. But I would like to tell him Mr. LOTT. Mr. President, I suggest High-performance workplaces are gradu- about the possible consequences that a the absence of a quorum. ally replacing the factories and offices where company faces if they choose to do so. The PRESIDING OFFICER. The Americans used to work, where decisions were made at the top and most employees The Clinton-appointed Dunlop Com- clerk will call the roll. merely followed instructions. The old top- mission invited the Donnelly Corp. to The bill clerk proceeded to call the down workplace doesn’t work anymore. testify before the commission. This roll. As astounding as it might sound that Mr. LOTT. Mr. President, I ask unan- company was chosen because it was a a Republican would be agreeing with imous consent that the order for the shining example of how well employee the Secretary of Labor, I whole- quorum call be rescinded. involvement in these committees The PRESIDING OFFICER. Without heartedly agree. But things said in works. The company was praised for its objection, it is so ordered. Washington do not always come out at promotion of workplace flexibility and Mr. LOTT. Mr. President, I yield the the end of the pipeline in policy the formation of worker-management floor. way that they are really stated. In teams. other words, rhetoric is not always fol- Mr. DASCHLE. I renew my request But this public announcement lowed through by performance in of- for the yeas and nays. brought them and their employees a fice. The PRESIDING OFFICER. Is there a great amount of grief. The Donnelly sufficient second? Just a few months ago, at a national union rally in Washington, DC, fol- Corp. was slapped with a labor lawsuit There is a sufficient second. filed by the NLRB. Why? Because of its The yeas and nays were ordered. lowing a $35 million campaign pledge Mr. LOTT. I believe now under the made to the Democratic Party and a progressive operations. The Corpora- unanimous-consent agreement we do grand endorsement by the AFL–CIO, tion was temporarily forced to cease its employee involvement programs. have time for debate under the agree- Vice President AL GORE pledged Presi- The company was accused of breaking ment. I see Senator GRASSLEY from dent Clinton’s veto of the bill that we Iowa is waiting to speak. I yield the are debating on the floor of this body Federal law, a law that the TEAM Act floor. right now. This bill, in every respect, would reform. Mr. GRASSLEY. Mr. President, I fits into compliance with the state- After a long year of litigation, the want to continue my remarks from ments made by President Clinton in his case was settled, but the company is this morning and express my support State of the Union Message and Sec- still threatened by possible labor law- for the TEAM Act. I support the TEAM retary Reich’s article in the Wash- suits, unless the law is changed.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4902 CONGRESSIONAL RECORD — SENATE May 9, 1996 In 1995, Secretary Reich, when speak- union that I used to be a member of, National Labor Relations Board has ing to the Securities and Exchange and most of these other unions that are come in and denied employers and em- Commission, called on the SEC to find stationed here in Washington, are ployees the ability to meet and talk to- ways to encourage companies to volun- against this bill. I think that is kind of gether about such issues as company tarily disclose workplace practices like having your head stuck in the softball teams, appropriate work cloth- that contribute to higher profits. He sand, because we are going to have to ing for pregnant women, and other said he had heard that many companies increase productivity in the workplace issues involving quality, efficiency and were reluctant to provide information if we are going to keep up with inter- productivity because the union bosses about such programs to the market for national competition. We ought to be believe that somehow their power is di- fear that they would be sued. enhancing and doing everything we minished if people who work for com- He said, ‘‘I believe there is a chilling possibly can to make our manufac- panies and people who run companies effect. Why disclose if you subject turing and our service industries more learn how to work together. yourself to potential liability?’’ productive to meet the competition So, as a result, we are in a situation President Clinton, Secretary Reich, from overseas. And this bill would en- where the American people continue to and their own commission, the Dunlop courage that. I do not know why lead- await a repeal of the gas tax. I do not Commission, up until the union leaders ers here in Washington cannot under- have any doubt in my mind that if we made a $35 million campaign pledge to stand that. had a vote on repealing the gas tax this their party, supported reforms of cur- The people that were on the assembly afternoon, 75 Members of the Senate, rent labor law. Now the Clinton admin- line with me in the 1960’s understood minimum, would vote for it. istration has threatened to veto the that, even though we did not have the The Democrats say they want to TEAM Act in its present form. international competition we have raise the minimum wage. The majority The Clinton administration says that now. But also I think I learned some- leader says: ‘‘Great, we will give you it is not beholden to special interests. thing in the process, too, that labor that vote.’’ Yet, here we are where peo- But it seems like with a lot of vetoes, union leaders here in Washington, DC, ple are affected by rising gas prices, or a lot of threats of vetoes, this ad- do not always represent the voice of where we have the ability through leg- ministration listens just to trial law- their leaders at the grassroots. The islative action to reduce the cost of a yers or to labor union leaders. Is it pos- people I worked with felt the necessity tank of gasoline when working families sible that the same administration of encouraging this cooperation be- fill up their car or their truck or their that marches in lockstep with the Na- tween labor and management so that van—about $1 for every fillup. Yet, for tional Education Association and the we would be more productive, so that 2 weeks nothing has happened. Trial Lawyers of America is more in- we could make more money, get higher I wanted to come over today to ex- terested in a $35 million campaign salaries, and better fringe benefits. press my frustration. I think we ought pledge than in correcting the wrong So I hope that we can pass this bill to bring up the gasoline tax repeal and that was done to the Donnelly Corp.? and get it to the President. I hope the have a vote on it. The majority leader So I encourage my colleagues today President will stick to his message in has said he is willing to bring up the to recognize the need for the people to the State of the Union, that we have to minimum wage and have a vote on it. have a real voice in decisions affecting enhance cooperation between workers The majority leader would like to have their workplace and urge them to sup- and employers, because that is what a vote on the so-called TEAM Act. My port this act. this bill does. guess is that 98 percent of the Amer- I know that everybody knows I am a Mr. GRAMM addressed the Chair. ican people would support the concept Republican, and I know everybody be- The PRESIDING OFFICER. The Sen- of letting people who work in the same lieves that Republicans do not have ator from Texas. company, whose retirements are tied any understanding of the workplace or Mr. GRAMM. Mr. President, 2 weeks to the progress of the company, who the labor union environment. So I want ago today, I attempted to offer an have the shared goal of creating jobs to repeat what I stated this morning amendment repealing the 1993 4.3-cent- and growth and opportunity, talk to when I spoke about this same piece of per-gallon gasoline tax. Two weeks ago one another. Only in America do we legislation. I had the experience of today, the Democrats objected to that have an absurd system where the Gov- working in a sheet metal factory from amendment coming up, and we find ernment tries to stop people who work August 1960 until March of 1971. I ourselves in a situation where, all over for the same company from talking to worked on the assembly line, making America, people are talking about the each other to improve safety and effi- furnace registers for the Waterloo Reg- rising cost of gasoline and diesel fuel. ciency and to improve the quality of ister Company in Cedar Falls, IA, a The President now says he is in favor life. Yet, while we have three proposals company that went out of business in of the repeal. Our Democratic col- and we have an agreement from the 1971. I was a member of the Inter- leagues say they are in favor of it. But majority leader to vote on all three of national Association of Machinists yet 2 weeks after I tried to offer this them, we are denied that ability. from February 1962 until March 1971. I amendment, we have yet to get an op- While I am in the process of listing have an understanding of the work- portunity to vote on it. When I tried to legislative agenda items, recall that we place environment. I have an under- offer the amendment, our Democratic recently passed a health care bill. It standing of the cooperation that is nec- colleagues said, ‘‘Well, we want to vote was touted by both sides of the aisle. It essary between labor and management on the minimum wage.’’ So Senator was going to help 25 million people in if productivity is to increase. I have an DOLE said: ‘‘OK, let us vote on the gas- making health insurance more afford- understanding that you can have work- oline tax, and let us vote on minimum able and by making it more available. place committees and dialog between wage with a relevant amendment if the And the majority leader, in his capac- labor and management, outside of the Democrats want to offer an amend- ity as majority leader, sought to ap- normal collective bargaining process, ment to try to guarantee a pass- point conferees so we could go to con- and enhance productivity within the through on the gas tax.’’ ference with the House, adopt this bill, workplace. The majority leader said that he send it back to both Houses, and at- Not only does it happen, but we need would allow that amendment to be of- tempt to make it the law of the land. to encourage more of it, so that noth- fered. If they come up with a reason- Now we have an objection to even ing is done in that process to interfere able amendment, we will support that going to conference with the House be- with the statutory right and the con- amendment. But the majority leader cause the Senator from Massachusetts stitutional right that people have to said that, with the minimum wage bill, does not like the makeup of the con- organize in unions. he would like to try to do something ference decided upon by the majority I was a member of the International about an absurd situation which has leader. Association of Machinists for that pe- had the effect of preventing workers So it seems to me that what we are riod of time. If I were still working at and managers from using the team- seeing here is an effort to prevent the that company, I presume I would still work approach which has increased will of the American people from being be a member of that union. But the productivity all over the world. The exercised in the Senate. I think it is

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4903 outrageous when we have had a con- cents for transportation and 2.5 cents ing about what you save filling up your sensus in the country for over 2 weeks, went to deficit reduction. It did phase gasoline tank. We are talking about when we have probably 75 Members of out in 1995. consumers who pay this tax every time the Senate who want to repeal the gas- So when you get back and start look- they go to the grocery store, because oline tax and bring down the cost of ing at all these things, there has been the cost of everything from red meat to gasoline for working families, when we some tax that has been used in past ad- beans has the cost of the diesel fuel tax have a President who has said he would ministrations, and that is 10 cents, if in it because all of those groceries had sign the bill, we cannot bring it up for you want to look at it, 5 in 1982 and 5 to be brought in by truck or by rail to a simple yes-or-no vote in the U.S. Sen- in 1990, and 2.5 cents was used in the that grocery store. Every time you get ate. I think it is very clear to anybody general fund for 5 years. So when the on an airplane, you are paying this tax who wants to watch the process that it Senator says it is the only one that has because it is built into the price of is our Democratic colleagues who are been dedicated, technically he might your ticket. So the plain truth is, the denying us the ability to repeal the be right. But when you take it out of Joint Economic Committee has esti- gasoline tax. my pocket and you put it in the gen- mated that the annual cost of this 4.3- Let me say just a little bit about the eral fund, then I expect that I feel a lit- cent-a-gallon tax on gasoline to Texans gasoline tax. Many people do not un- tle bit differently than the way the is $445 million a year. derstand, really, what this issue is Senator explains it technically. So, So my point is this. We have an issue about. Let me try to explain it in two yes, we have used taxes before for the here where the American people are ways. general fund put on gasoline. Am I not overwhelmingly for repeal of this gaso- First of all, prior to 1993, we had correct, I ask the Senator? line tax and in favor of bringing down never had a permanent gasoline tax Mr. GRAMM. Mr. President, reclaim- the price of gasoline by about a dollar that was not tied to building highways. ing my time, obviously, before we es- a tank. We should stop taxing working In fact, the gasoline tax has histori- tablished the highway trust fund, there people who have to use their car or cally built up a transportation trust was no trust fund to which the taxes truck to go to work to subsidize social fund which has been used to build the could be directed. The Senator makes programs for people who do not work. transportation system of the country. it very clear that we have had tem- I do not understand, when we have It has in essence been a user fee. So porary taxes in the past that were not such a clear consensus, when the Presi- you pay taxes on gasoline, and that dedicated to the trust fund, but were dent says he is for it, why we cannot builds roads. We have now taken part planned to expire. The point I am mak- vote on it. of that money, unwisely, in my opin- ing is this is the first permanent gas Now, maybe they are not for it. I ion, and put it into mass transit, in- tax that we have had since we have had would never suggest that someone does stead of a mass transit user fee paid for the highway trust fund that has not not stand where they say they stand, by mass transit. So we have mass tran- gone to the highway trust fund. but I think it is up to people who claim sit systems all over the country, and Let me tell you why that is impor- they are for repealing this tax but yet nobody rides mass transit in many tant. We are taxing people who work will not let us vote on it to explain to cases. for a living, people who have to get in us why it is that they are for it. They Quite aside from that point, before their car or their pickup truck and, in think it is a good idea. The President, 1993 and the Clinton gasoline tax in- my State, drive 30 and 40 miles to work who is from their party, says he will crease, the gasoline tax went to build to subsidize social programs for people sign it. But yet this now represents 14 highways. In 1993, the President tried who do not work, and I object to that days we have attempted to bring up the to impose a general energy tax called a tax. We are taxing people who live in gasoline tax repeal, and we have been Btu tax. We defeated that tax. As an the West and who live in rural areas denied that ability. alternative, without a single Repub- who have to drive great distances to So I just wanted to come over this lican vote, the President and the work for a living to subsidize people afternoon to express my frustration at Democratic majority raised taxes on who live in the big Eastern cities, and where we are. I do not understand. If gasoline, but none of the money that I object to that tax. I do not think this people want to vote on the minimum went into the Treasury from the gaso- is a fair tax. wage, the majority leader has offered line tax went to building roads. For the I think it ought to be repealed on its them an opportunity to have an up-or- first time, it went into general Govern- merits. The American people want to down vote on it. People want to vote ment, which under the budget that we repeal it because gasoline prices are on guaranteeing the right of people adopted—— up. The only thing we can do that will who are in management and who are Mr. FORD. Mr. President, will the bring down prices at the pump is to re- working on assembly lines to get to- Senator yield for a question? peal this tax. gether and talk and work together as a UNANIMOUS-CONSENT REQUEST Now, we have had the administration team, as the whole world is doing now Mr. GRAMM. I ask unanimous con- suggest that we have investigations. and doing very effectively, and as sent that the gasoline tax bill be made We have various committees that are American companies are doing but now in order and be brought before the Sen- holding hearings. But the point is, if they are being stopped by the National ate at this point. we want to bring down the price of gas- Labor Relations Board from doing it. I Mr. FORD. I object. oline, we know how to do it. We could do not see why we cannot have a vote The PRESIDING OFFICER (Mr. do it this afternoon. If the Senator had on it. DEWINE). Is there objection? not objected and we had brought up the Now, I know that the people who run Mr. FORD. I object. gasoline tax repeal as I just asked con- the AFL–CIO are against it, but I am Mr. GRAMM. I would be happy to sent to do, we could have passed it this against a lot of things that we vote on yield. afternoon; it could have gone to the every day in the Senate. I do not know Mr. FORD. The Senator says this is House; they could have passed it to- what gives them the power to dictate the first time that we have ever used night; the President could have signed our agenda. I certainly wish we could gasoline taxes for the general fund. it tomorrow; and Saturday morning submit this to popular referendum be- Mr. GRAMM. I said this is the first when every filling station in America cause most Americans would laugh in permanent gas tax we have ever had opened, they could have lowered their your face if you told them that you that did not go to the highway trust posted price by 4.3 cents a gallon. want to protect the ability of Govern- fund. We have adopted gasoline taxes Let me also note that the price of ment to tell employers and employees, in the past on a temporary basis, but highway diesel would come down 4.3 blue-collar, white-collar workers work- we have never adopted a permanent cents a gallon; the price of diesel used ing for the same company with the one that did not ultimately go into the on the railroad would come down 4.3 same interests that they cannot sit trust fund. This is the first. cents a gallon; the price of commercial down and talk about safety clothing Mr. FORD. For 1932 and 1956, all of it and noncommercial jet fuel and avia- for pregnant women, about softball went to the general fund. That is No. 1. tion gasoline would come down 4.3 teams, and about jointly seeking qual- No. 2, the Bush nickel was divided, 2.5 cents a gallon. So we are not just talk- ity.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4904 CONGRESSIONAL RECORD — SENATE May 9, 1996 It seems to me that is an eminently UNANIMOUS-CONSENT REQUEST—H.R. 2337 guished Senator from Texas says, ‘‘The reasonable proposal. My point is why Mr. FORD. Mr. President, I ask unan- consumer could get it.’’ If he had been not vote on all three of these things? imous consent that order No. 374, H.R. at the hearing in the Energy Com- The one I am most concerned about, 2337, be immediately brought to the mittee this morning, he would have the one that I have tried now for 14 Senate floor and taken under consider- found out there is nothing we can do. If days in a row to get a vote on is repeal- ation. we give the 4.3 cents back, we create a ing this unfair gasoline tax, unfair be- Mr. GRAMM. Reserving the right to deficit of almost $2 billion, because you cause it does not go to build roads; it object, I would ask to amend that do not offset it for 6 years and the spec- goes to general revenues. It is being unanimous-consent request to say that trum sale does not occur until 1998. spent, every penny of it, on social pro- the bill be brought up and that the gas- Now, I have heard about the Gramm- grams, and we are taxing people who oline tax be in order and that there be Rudman bill, you know. You ought to have to drive their cars and their 1 hour equally divided on the gasoline read what the former Senator, Senator trucks to work to subsidize in many tax. Rudman, talks about, how we cannot cases people who do not work, and I do Mr. FORD. I object. get together here. That is one of the not think it is right. I would like to Mr. GRAMM. I object. reasons he left. have a vote on it. I would like to be The PRESIDING OFFICER. Objec- So the Democrats are the minority in able to cut gasoline prices and do it tion is heard. this case. We always want to protect today. I would like, when people to- Mr. FORD. He objects. Is it not won- the minority, that is one of the reasons morrow go to the filling station, that derful? If you want something, they ob- for the rules of the Senate. Sure, I can they look and see that the posted price ject. We want something—‘‘we object.’’ quote the Senator from Texas again: is down 4.3 cents a gallon. If we acted It is rather interesting around here. ‘‘We also have our rights.’’ today, we could make it happen. What the Senator fails to tell us in So we have our rights. We want a clo- I just express frustration that we are his eloquent remarks, his Ph.D. philos- ture; we want to have the ability to not allowed to bring it up and vote on ophy here, and verbiage—and I am just amend. We offered yesterday afternoon it. If you are against it, fine, vote a country boy from Yellow Creek try- three stand-alones, one on the gasoline against it. We heard the Senator from ing to explain my position and I will do tax, with amendments, relevant. We Louisiana say yesterday that he was the best I can—what the Senator does wanted the minimum wage, with going to filibuster. Great, I admire not tell those who are watching on C- amendments, relevant amendments; that honesty. At least he admits that SPAN—and we had a big story on C- and the TEAM Act, with amendments. he is against the repeal. He is not pre- SPAN junkies today; he speaks to That is all. That is our rights. To quote tending that he is for it and it is just them—is that what the Republicans the Senator: That is all we are asking that we are not going to bring it up and are trying to do is to have all this in for, is our rights. vote on it. He says, no, he thinks it is one package. You have absolutely You know something? Ninety-six per- a lousy idea, he is against it and that locked the minority out, and they can- cent of all the businesses today have he is going to filibuster. Great, let him not amend any one of those three items committees that get together and talk filibuster. He has a right to do that, that you have talked about today. It is about the very things the Senator says but let us bring it up. Let us let him called the Dole gag order. The Dole gag that they want under this legislation. talk, and let those of us in favor of re- order. They talk about safety. They talk peal talk. And when everybody gets Let me quote what the distinguished about that now. Mr. President, 96 per- tired, then let us vote. Senator said, I guess back in 1993—we cent of all the businesses have those We could have cut gasoline prices 2 all go back to those—when he was frus- committees now. If they want to talk weeks ago if we had chosen to do it. So trated. But he was wrong in his frustra- about health, they all could talk about I hope when people go to the filling station. He says, ‘‘But as the distin- that. But in this bill they eliminate tion to gas up the car for the weekend, guished chairman knows’’—talking present law, and the employer will ap- when they are going to get the kids in about the distinguished Senator from point the committee. The employees do the car and the dog in the back and go West Virginia—‘‘we also have rights.’’ not have the opportunity to make that see mama, and they look at that posted You said that—excuse me—the Sen- selection. price of $1.279, I want them to remem- ator said that. I want to be careful not You know, we get out here and it ber that Republican Members of the to use improper language. sounds so good, and we are so bad. If I Senate wanted to cut that price 4.3 One of the rights we have is to refuse to had not been on the floor—I think it is cents a gallon; when they filled up participate in a situation which we believe, kind of unprecedented that you ask for their Suburban with 42 gallons, we though it is totally fair and totally within a unanimous consent when the oppo- the rules, creates a playing field on which we wanted to save them about $2. But we site party is not on the floor. I just believe that we are not capable of getting a happened to walk out here and we get could not do it because people who say fair contest underway. they are for repealing this tax, who are a unanimous-consent request. I suspect That is the language of the Senator the Chair may have recognized that, every day in the paper saying, ‘‘Yes, we from Texas. At that time he had the do not object to it; we could vote for it; and I think that would have been disas- ability to offer four amendments. trous, not only for the Senate’s proce- the President says he could sign it,’’ Right now we have no time to offer any but, yet, these are the very people that dures but for the Members themselves. amendments. And it is not, ‘‘Oh, we So, yes, we are ready to vote on the are preventing us from repealing this just want a vote.’’ Vote on what? Vote 4.3-cent tax, but we want to offer an tax and cutting the price of gasoline at on a package that you cannot offer an amendment to say that the consumer the pump. amendment to? They have us locked will get it. So let me say to Mr. and Mrs. Amer- out. They have us locked out. You go back and listen to the very ica, when you fill up your tank on Fri- You know something, this 4.3 cents— crafty language of the Senator from day to go see mama and you look at look at it. Because it increases the def- Texas. He says you ‘‘may’’ get it. We that posted price, remember those who icit almost $2 billion this year. And can save you, but if the oil companies, wanted to cut the tax and remember there is no offset—no offset. To offset when you take off 4.3 cents, add a nick- those who said they were for it but it in the language they have, they do el on, the only people who make any they would not let us vote on it. two things. Over 6 years, they get the money really, putting more money into If you will just enshrine that in your $800,000 out of the Department of En- their pockets, is the oil companies. elephantine memories, it will serve the ergy. And we have a $2 billion debt this If I represented Texas and big oil, I public interest and perhaps bring some year—deficit. Then they want to sell imagine I would want to do the same good to the U.S. Senate. the spectrum. That cannot go into ef- thing, but I am here trying to protect I yield the floor. fect until 1998. the low-income people in my State and Mr. FORD addressed the Chair. So we have no ability to amend it to in this country. The PRESIDING OFFICER. The Sen- be sure that the consumer gets the 4.3 When gasoline prices go up and you ator from Kentucky. cents. You say they could—the distin- have no control over it, only 4 cents,

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4905 and the minimum wage does not go up, more taxes into that one little frame— when we were in the minority, as much they are still making the same amount 6 years. as any other Member. In fact, we de- of money, why do we not have our So we have to be very careful. One bated in one form or another the Presi- right? thing Dad told me, too, ‘‘The devil’s in dent’s health care bill for 86 days. As So the choice here is whether we are the fine print.’’ If you do not read the much as any other Member of the Sen- able to have a question on the 4.3-cent fine print, you might not understand ate, I fought it and denied, until we gasoline tax removal and the ability to what you are voting on. That is one had the votes to defeat it, the ability of amend, that is all we ask. Then we reason, I think, that we ought to be the majority to vote on it. But the have—and give a time agreement—and sure we understand that if the 4.3-cent point is I never denied doing exactly then we have the minimum wage. If gasoline tax comes off, we will have al- that. In fact, I said in front of God and you want to amend it, well and good. most a $2 billion deficit this year, and everybody the Clinton health care bill But the majority leader gave the Sen- this year ends September 30, and it is going to pass over my cold, dead po- ator from Massachusetts exactly what takes 6 years to repay it. We cannot litical body. I said in front of God and he asked for. I doubt seriously if the even pay for part of it until 1998. everybody, the Clinton health care bill Senator from Texas likes that. I do not We think we ought to have an ability is deader than Elvis. imagine he does, but that is a stand to amend it to be sure that the con- Mr. FORD. Elvis is not dead. alone. If they want to amend it—the sumer receives the money rather than Mr. GRAMM. Well, when he comes other side—they can. We are giving ‘‘might save,’’ ‘‘might receive.’’ The back maybe he could moderate this them that right. dealer does not have to pass it on. I dispute we are having. Then on the TEAM Act: stand alone, think that is a true statement. The oil Mr. FORD. I would rather him than time limit, but give us an opportunity companies do not have to pass it on. I some I have. to amend it. think that is a true statement. Mr. GRAMM. Well, let me put it this My dad used to tell me, ‘‘Son, when So give us an opportunity to amend, way, the point is, for a period of time, you miss a train, stand there with your to the best of our ability, to be sure I was one who helped deny a vote on suitcase and hat and another one will that the consumer receives the 4.3 the Clinton health care bill. be by.’’ What goes around comes cents. That is all we have asked. That But the difference between me and around. We can fill the tree one of is all the fairness we want, and I think my colleagues is I made it clear I was these days, and some of the Senators that fairness is what the argument is not for the Clinton health care bill. I on the other side may just be here about—not gridlock, not refusing to let never intended to see it passed. And it —may just be here. I understand the you vote, but principle. I intend to stay will not ever be passed. What I do not rules of the Senate. I understand them here and work as hard as I can for prin- understand is all these people who say very well. ciple and for the rules of the Senate that they are for repealing the gasoline So, Mr. President, we want to be sure and to operate in the best manner pos- tax, but they will not let us vote on it. that an offset is there, and it is not sible. So when you get down to it, that Mr. FORD. Will the Senator yield on there in this bill for 4.3 cents. Just in- is all that you can ask for. that point? crease the deficit, increase the deficit, So I go back and one more time read: Mr. GRAMM. If I may just make my increase the deficit. I have been But as the distinguished chairman knows, statement, then I will yield the floor preached to ever since I have been here we also have rights. and let our colleague have it back. by the Senator from Texas about bal- I am quoting the Senator from Texas. Mr. FORD. OK. UNANIMOUS-CONSENT REQUEST ancing the budget. Well, he wants to And one of the rights we have is to refuse dig into Social Security, $147 million a to participate in a situation which we be- Mr. GRAMM. I will go back to the year. I am not going to allow that. I lieve, though it is totally fair and totally Budget Committee. have a contract with my senior citizens within the rules, creates a playing field on My colleague says all they want is an around the country. which we believe that we are not capable of amendment to assure that if we repeal I hope he is making a lot of notes on getting a fair contest underway. this tax it is passed along to the con- this. I want to hear the rebuttal. Prob- So now I say to the Senator from sumer. ably will be good; probably will be Texas, all we are asking for is a fair I ask unanimous consent that the good. I can hardly wait. I will wait contest. I think we have offered you a gasoline tax bill be the pending busi- with bated breath, I guess. fair contest—or to the distinguished ness of the Senate, that there be one Insurance? The insurance bill that majority leader. Stand alone, give us amendment in order, to be offered by a was agreed to here I think was some- an opportunity to amend. We cannot minority Member to guarantee a pass- thing very good for the retiring Sen- amend. You have it your way, we can- through to the consumer, and that de- ator from Kansas, Senator KASSEBAUM. not get it our way. bate on that amendment occur within I think it was good that we had bipar- Fairness in this Chamber is one thing an hour, and that there then be a final tisan agreement with Senator KENNEDY that we have always prided ourselves vote on the passage of the gasoline tax. and Senator KASSEBAUM joining to- on, but when we have a gag order—a The PRESIDING OFFICER. Is there gether and asked we have no amend- gag order—and we are unable to objection? ments. An amendment was offered and amend, then I think we have every Mr. FORD. Reserving the right to ob- it lost. Then you want to put conferees right under the Constitution and under ject, I am considering modifying that on who would say, even though we lost the ability of use of the rules that we to go to the Kennedy minimum wage the amendment in the Senate on a do the best we can. amendment. What the Senator has vote, we are going to put it on in con- I thank the Chair, and I yield the done here—and I need to confer with ference. Sure, you have something to floor. the leader. I am sure you have not con- object to. We have our rights. We have Mr. GRAMM addressed the Chair. ferred with Senator DOLE as to your our rights, and that is what the distin- The PRESIDING OFFICER (Mr. unanimous consent. guished Senator from Texas said: ‘‘I INHOFE). The Senator from Texas. Mr. GRAMM. Senator DOLE—re- have played by the rules in sending up Mr. GRAMM. Mr. President, I en- claiming my time—— the pending amendment.’’ joyed listening to our colleague from Mr. FORD. Reserving the right to ob- So we have our rights. Kentucky. I am always enlightened by ject, I have that time. So I want to Well, we are going to have a little de- his views. No one is saying that the consider modifying that amendment to bate on the budget, I guess now. We did Senator from Kentucky, or the distin- add the minimum wage to that and not have a chance to have any input guished minority leader, or every under the amendment that was used by into it. Read the paper today. It is the Democratic Member of the Senate does the majority leader in his proposal Dole budget. You know, it looks like not have the right to deny us the abil- that we will vote on cloture at 5 they are reducing the amount of tax ity to vote on repealing the gasoline o’clock. cuts, but it is a ‘‘fooler.’’ The last tax. The PRESIDING OFFICER. The budget was for 7 years; this budget is I have certainly exercised my right Chair would note there is a pending for 6 years. So you have one-seventh as a minority Member of the Senate, unanimous-consent request. Does the

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4906 CONGRESSIONAL RECORD — SENATE May 9, 1996 Senator from Texas modify his re- when they try to do those things they Mr. FORD. I have a question about quest? stand either naked before the world in that. Mr. GRAMM. I am not going to mod- terms of protection from our Govern- Mr. INHOFE. I am kind of slow, and ify the request. ment or they are impeded. If they want it takes me long to get my train of Mr. FORD. Then I object. to do any other thing as consenting thought back. The PRESIDING OFFICER. Objec- adults, they have a right to do it. I During that time, it was the first tion is heard. have never understood that. But there ever retroactive tax increase, in other Mr. GRAMM. Reclaiming my time, are many things that I do not under- words, we passed a tax increase that the point I want to make is, despite stand. went back and imposed taxes on people our dear colleague from Kentucky say- Finally, I see two of our other col- who were adjusting their behavior and ing all he wanted to do was to offer an leagues are here. I want to yield the their activities predicated on the exist- amendment to guarantee that the tax floor, but here is my point. For 2 weeks ing tax structure at the time. They cut was passed through to the con- we have been trying to repeal the tax made it retroactive. sumer, that in fact—— on gas. It is a simple issue. It is not a The third thing they did—the top tax Mr. FORD addressed the Chair. complicated issue. You either want to rate increased to 39 percent, a dramatic Mr. GRAMM. That is not all that the repeal the 4.3-cent-per-gallon tax or increase. It has been increased again distinguished Senator from Kentucky you do not. I do. A few people say they since then to 42 percent. The tax on So- wants to do. do not. Most people say they do. But cial Security for many of the senior Mr. FORD. He is quoting me as all I yet we do not get a vote on it. citizens in this country went up by 50 wanted to do was to add an amend- I am simply frustrated about it. But percent to a total of 85 percent. ment. That is not true. I said—and I re- I have been frustrated before. But I I believe we need also to make a cou- gret that he misunderstood me—that just hope people will make note of the ple of statements in response to what we have the right to offer an amend- fact that even though for 2 weeks we has been said about the economy, this ment or amendments—I said plural— have been talking about it, even glowing economy that we supposedly and that we wanted to be sure that the though for 2 weeks people say they are have right now. I have some figures consumer received the 4.3 cents and not for it, for 2 weeks we have not been here that show there is no glowing. I the big oil companies that he rep- able to do it. I hope that something can know if you say it is long enough, the resents. be worked out. I certainly, for my people will believe it. Then they will Mr. GRAMM. Mr. President, the dis- part—this is a decision that will be say, ‘‘Well, someone’s doing a very tinguished majority leader said yester- made by the majority leader and the good job.’’ But it is not. day and the day before and the day be- minority leader—but I am perfectly Right now, under President Clinton, fore that he would look at any lan- willing to see votes on other issues. I the economy grew at a slower rate in guage the minority had concerning a want a vote on repealing the gasoline the first quarter of 1996, 2.8 percent, passthrough of the tax cut from the tax. I hope something can be worked than it did in the first quarter of 1992, filling station to the consumer. out. I yield the floor. which was 4.7 percent. There have been In terms of oil companies, I do not Mr. INHOFE addressed the Chair. lost—this comes right out of the Bu- think—first of all, I am proud of the The PRESIDING OFFICER (Mr. reau of Statistics, published on May 3, fact that my State is an oil producer, DEWINE). The Senator from Oklahoma. 1995—in that particular year, 17,000 as I am sure my colleague is proud of Mr. INHOFE. Mr. President, I have manufacturing jobs were lost in April, the fact that his State is the producer been sitting in on this debate, and I bringing the total number of jobs lost of tobacco and cigarettes. have been presiding during part of the in that sector to 338,000 since last Mr. FORD. Add coal to that. That is time. There are some things that I March. energy. think should be said at this point that I guess the reason I bring this up is Mr. GRAMM. My point is, the gas tax have not been said so far that would be that I am one of those individuals who is collected by filling stations. They appropriate. has read history and who believes that collect the tax. And they remit it to It is shocking, it seems to me, the you can increase revenues by reducing the Government. The average filling issue of raising taxes is a partisan marginal rates. We saw this happen in station in my State collects about issue. I mean, if you look at the way the 1980’s, during the decade of the $300,000 of gasoline taxes a year. If we that the debate is going, those on the 1980’s, when we saw the largest number want to lower prices, the quickest way Democratic side are trying to raise of rate decreases. We increased reve- to do it is to repeal that tax. taxes. nues substantially. The total revenue Let me touch on a couple of other I reread a statement that was made that was generated in 1980 was $244 bil- things here. by Laura Tyson who is the chief eco- lion for marginal rates. In 1990, it is Our colleague says, 96 percent of nomic adviser to the President of the $466 billion. We almost doubled it by companies are engaged in some form of United States. I am going to quote it reducing dramatically the rates. joint work between management and right now into the RECORD. This is not just a Republican con- labor. That is not the point. The point There is no relationship between the level cept. President Kennedy, back when he is, the National Labor Relations Board of taxes a nation pays and its economic per- was President of the United States, is now denying companies that ability. formance. made a statement, ‘‘It is a paradoxical What we want to do is to guarantee If you really believe that, then it is and economic statistic that the way to that workers and management on a understandable why we are having the increase revenue is to reduce marginal voluntary basis can meet together and discussion that we are having today. rates.’’ talk about things like safety and But the difference in the way we treat It is something we have seen history health and productivity. our attitude toward taxes, between the repeated over and over again. You are Mr. FORD. Would the Senator say Democrats and the Republicans, is in- not going to increase revenue by in- that includes collective bargaining and controvertible. creasing taxes. Therefore, if we can re- wages and hours worked and things of In the 103d Congress, under a Demo- duce any of these taxes, we should take that nature under your proposal? crat-controlled Congress, they had the this opportunity to do it. Mr. GRAMM. Under the proposal that ‘‘largest single tax increase in the his- As he said, 1993 was the largest single I am making—I believe in free speech. tory of public finance in America or tax increase in the history of public fi- So I think if people want to get to- any place in the world.’’ That is a di- nance in America or any place in the gether and talk about any legal act be- rect quote from PATRICK MOYNIHAN world. If you opposed that increase, the tween two consenting adults, they who at that time was the chairman of largest increase in history, you should ought to be able to do it. It is an amaz- the Senate Finance Committee. be supportive of repealing any part of ing thing to me that two consenting Mr. FORD. Will the distinguished it. This is just a small part of it. adults can engage in any kind of activ- Senator yield? I think, also, if you remember what ity other than industry, commerce, Mr. INHOFE. Not until I am through President Clinton said in Houston not work, investment, job creation, but with my remarks. too long ago when he was talking to a

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4907 group of people who were pretty of- Fairness is the question, and the abil- Last month, gas prices were higher fended by the increases in taxes, he ity to have an up-or-down vote and to than they had been in a decade. The ad- said, ‘‘A lot of people think I increased offer amendments. We have offered ministration and some of my col- taxes too much in 1993. It might sur- stand-alone amendments and a time leagues on the other side of the aisle prise you to know that I think I did, agreement on each one of those three. have responded to this crisis by calling too.’’ We have been turned down. We will for investigation of the oil companies. I want to help the President. I want consider an amendment to get this, but Certainly, if there is any price to help him reduce the taxes that he we want to put it in our package. We gouging going on, we ought to know admits were too high in 1993. I yield do not want it outside that package. So about it and we ought to stop it. But, the floor. the gag rule still is extended. we need to take action now. What we Mr. FORD. Mr. President, a couple of Nowhere, nowhere—we may have in Congress can do right now is repeal items. The Senator from Texas [Mr. filed cloture, but we did not say you a tax that only adds insult to injury for GRAMM] talked about the payment at could not file amendments. I quoted every driver in America, a tax that, the pump, the taxes collected at the from the Senator from Texas in 1993 again, is part of a package of increases rack. That is what I thought. I was not where he said that he had his rights. that Bill Clinton himself admits is too sure. I got the information. So the That is the same thing I am talking high. wholesaler or the distributor collects about. Nothing different. When he was Last Friday, the Finance Committee the tax, and it is not the dealer that fussing then, he had the ability to offer held a hearing to discuss the effect of would be able to give or reduce his four amendments under that tree. He the Clinton 4.3 cent per gallon motor price. I thought that ought to be had a right to offer four amendments. fuels tax increase and to explore the brought out here now. I do not want We never excluded anybody from offer- possibility of repeal. We heard from my service station operator to be ing amendments, as is happening to us several representatives from industries jumped on when we say you did not get now. that are affected by the increase. The the 4.3-cent reduction tomorrow or Where is the fairness, Mr. President? panel included representatives from next week. It is at the rack. So I am All we are asking is for a little fair- the Air Transport Association, the trying to protect them. ness. American Trucking Associations, the My colleagues, as they make these The gag rule is being applied to the American Bus Association, the Asso- speeches, they leave the floor. I have to minority. The gag rule is being applied ciation of American Railroads, as well give the Senator from Texas a com- to the minority. As long as I have the as the Service Station Dealers of pliment because he stayed here and we ability and breath in me, I am going to America and Allied Trades. These pan- had a little back and forth. The Sen- speak out against that, as the Repub- elists provided our committee with ator from Texas is going to the budget lican side of the aisle did for so long. I useful insight to the damaging effect meeting, I understand. My figures—and listened to it. We can quote and quote the permanent 4.3 cent per gallon I always stand corrected because some- and quote what they said and what motor fuels tax has upon their industry body will find a way to get at me with statements they made, and now we are and their customers. In addition, the words—but under the Republican Budg- trying to say the same thing. We never American Automobile Association, et Committee’s mark yesterday, taxes instituted a gag order on the minority which serves more than 38 million driv- will increase more over the next 6 in all the 22 years I have been here. ers, submitted testimony supporting years than they did over the past 6 I yield the floor. repeal of the 4.3 cent per gallon motor years. The PRESIDING OFFICER (Mr. Think about that: $415 billion. Under fuels tax. KEMPTHORNE). The Senator from Dela- The American Automobile Associa- the Republican budget chairman’s ware. tion said in their written testimony mark advertised yesterday, taxes will Mr. ROTH. Mr. President, it is time that repeal of the 4.3-cent-per-gallon increase more over the next 6 years to repeal the 1993 Clinton gas tax in- motor fuels tax restores the integrity than they have over the past 6 years. crease. On Wednesday, Senator DOLE, to the gasoline tax as a user fee, and it That is $415 billion, if I figure that Senator GRAMM and I, along with a helps restore public trust in the Fed- right. number of our colleagues, introduced Everybody will say, well, the econ- eral Government and integrity to the legislation that would do just that. I omy is increasing and all that stuff. If Highway Trust Fund. it is increasing, give this administra- wish we would have been able to repeal Some of my colleagues on the other tion some credit. I understand the crit- this tax on tax freedom day. Unfortu- side of the aisle at the Finance Com- icism. This has become a Presidential nately, my colleagues on the other side mittee hearing and here on the Senate campaign Chamber. It is not a Cham- of the aisle were unable to agree to the floor have expressed concern that the ber dedicated to the people of this compromise package that Senator tax benefit derived from repeal of the country, trying to do the best job we DOLE had offered them. Today is an- 4.3-cent-per-gallon motor fuels tax can for them. If we could stop the Pres- other day, one in which I hope we will would not be passed on to consumers. idential campaign in the Chamber, I see repeal of the 4.3 cent per gallon During the hearing, one of the wit- think the overwhelming majority of motor fuels tax. nesses was Mr. Melvin Sherbert, chair- U.S. Senators could get together and During the 1992 Presidential election man of the legislative committee of pass something in the best interests of campaign, then-candidate Clinton, the Service Station Dealers of Amer- the people. when asked about Federal excise taxes, ican & Allied Trades. He is also an We just cannot continue to have the said, ‘‘I oppose Federal excise tax in- owner and operator of two Amoco sta- Democrats shut out with a gag rule on creases.’’ But as with other views that tions in Prince Georges County, MD. I us. The principle here is not whether Bill Clinton has held, this one was not asked Mr. Sherbert whether he and we are for or against a 4.3-cent reduc- adhered to for very long. In fact, in other service station owners would tion in gasoline tax. That is not the 1993, President Clinton, as part of a $268 pass on the tax benefit from repeal of question. The question is, we are being billion tax increase, the largest tax in- the 4.3-cent-per-gallon motor fuels tax. eliminated from having the oppor- crease in history, embraced a perma- Mr. Sherbert responded, and I quote: tunity to debate it and offer amend- nent 4.3 cent per gallon motor fuels I know that [prices] would go down. . . . ments. tax. The moment we receive [the benefit from re- The Senator from Texas said that he I like to remind my colleagues that peal of this tax] we would put that on the could not guarantee they could give President Clinton originally proposed a street. them 4.3, or the big oil companies could Btu tax, which translated into a 7.3 The other witnesses at the hearing keep it, or the wholesaler at the rack cent per gallon motor fuels tax in- testified that they too would pass on could keep it. It does not have to pass crease. Just last October, the President the benefit. Since the hearing we have this price on. We just want to have the admitted to Americans that he had also received letters from a number of opportunity. raised our taxes too much. I agree and oil companies and industries assuring The point of being for or against re- believe that right now every driver in us that the benefit from repeal will be moval of that tax is not the question. America also agrees. passed through to their customers. We

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4908 CONGRESSIONAL RECORD — SENATE May 9, 1996 in Congress cannot control market Thus, none of this money goes to pay cans to save tax free for their retire- prices. But what we can control is the for building and repairing highways. ment, or their first home, or their chil- tax burden we impose on the American President Clinton and many of my col- dren’s education, or their health care. people. Repealing the 4.3-cent-per-gal- leagues from the other side of the aisle Tax cuts that end the Tax Code’s pen- lon motor fuels tax, therefore, will re- have argued that this tax is going to alty against marriage. duce the tax burden on gasoline and reduce the deficit. But, in fact, a study President Clinton, tax cuts are the that which the American people must released last week shows 44 cents of record of this Republican Congress. bear. It will also send a clear message every dollar Americans paid for the What is the record of President Clinton from Congress to the industry, that we Clinton tax increase did not go to re- and the 103d Congress? A world record want to keep prices low for the con- duce the deficit. Instead, once again, tax increase and a veto of a tax cut. sumers, and that we are willing to do Americans’ tax dollars went to pay for Frankly, Mr. President, I prefer our our part. We strongly encourage them more Government spending—for bigger record, and I think that most of Amer- to do theirs. government. ica does too. I would like to remind my colleagues, The Clinton gas tax increase did not I yield the floor. that when President Clinton raised get a single Republican vote because Mr. BOND addressed the Chair. taxes $268 billion in 1993, he said he was Republicans believe in cutting wasteful The PRESIDING OFFICER. The Sen- raising them on the rich. We knew then Government spending, rather than in- ator from Missouri is recognized. that that was not true. creasing taxes to pay for more Govern- Mr. BOND. I thank the Chair. Now there is no doubt. President ment spending. So while in the scheme Mr. President, I want to commend Clinton has raised taxes not only on of Government programs the 4.3-cent- the distinguished chairman of the Fi- the middle class but also on low-in- per-gallon motor fuels tax may not nance Committee. I would add, in addi- come families, and now my colleagues seem to be a paramount issue, it rep- tion to his answer to the President, on the other side of the aisle are deny- resents what separates Republicans what has been the record of this Con- ing these low-income families tax re- from the big Government spenders. gress. This Congress, despite news cov- lief. The truth is, Mr. President, that While the President purports to favor erage and quarrelsome attacks from every person who drives a car, who balancing the budget, at best he would our opponents, has been able to change buys groceries, who takes the bus, the do so by matching big spending with the pattern of Government spending. train, or a plane has to pay this tax. high taxes. Our belief is that we should We just reduced discretionary spending These are not all rich Americans. In cut spending and lower taxes on the $23 billion. Most people do not know fact, Americans who are hit the hard- American people. that. We have put appropriations bills est by this regressive tax are people at Mr. President, it is time to give through that actually cut Government the lowest income levels, those making Americans a break from taxes and big spending—unheard of in recent years. less than $10,000 a year. Repeal of this Government. I hope that my colleagues A little over a month ago we put regressive tax, therefore, would benefit on the other side of the aisle will allow through a very significant regulatory all Americans, especially those with the Senate to move forward, and stop reform measure that is going to benefit modest incomes. blocking tax relief for working Ameri- small businesses, farmers, ranchers, It is a well-known fact that 4.3-cent- cans. and others who believe that Govern- per-gallon motor fuels tax not only dis- Finally, Mr. President, I would like ment regulation, while necessary, proportionately affects low-income to take some time to respond to a re- ought to be reasonable and sensible. We people, but it also hits people in rural mark made by President Clinton in his got that done. I am proud to say that areas harder than it does those in more press conference Wednesday. President we did that one in this body on a to- metropolitan areas. President Clinton Clinton said, and I quote, ‘‘I ask the tally bipartisan basis. So we can make knows this. In February 1993, just Republicans in Congress to consider progress. months before he signed into law the something else. This is the first time But, Mr. President, I want to talk largest tax increase in history, said: your party has controlled both Houses today just a few minutes and set the For years there have been those who say of Congress at the same time since record straight on something called the we ought to reduce the deficit by raising the 1954. What is the record you will TEAM Act. Our Small Business Com- gas tax a whole lot. That’s fine if you live in present to the American people and mittee recently held a hearing on the the city and ride mass transit to work. It’s leave for history?’’ TEAM Act. We heard from small not so good if you live in the country and Well, I must say I am glad that Presi- businessowners who achieved better drive yourself to work. dent Clinton asked. As chairman of the productivity, quality, and safety by in- Despite this statement, the 4.3-cent- Senate Finance Committee, I would volving their employees in workplace per-gallon-tax increase was enacted. I like to respond in the area of taxes: decisions. Frankly, in the years when I agree with President Clinton’s 1993 this Congress cut taxes. By contrast, was Governor, we tried to figure out statement. People in rural areas should when President Clinton’s party con- how we could help small businesses im- not be penalized because they live in trolled Congress, taxes skyrocketed prove their productivity. We talked to areas that require them to use their Again: we cut taxes. President Clinton the best civil and manufacturing engi- cars and travel longer distances. For and the 103d Congress raised taxes. neering and engineering talent from example, in my home State of Dela- Here is a chart that shows what hap- the University of Missouri at Colum- ware, which contains many rural areas, pened to taxes when the Democrats bia, and from the University of Mis- the average family pays $463 in gas controlled both the White House and souri at Rolla, people who set up the taxes per year. This figure includes the Congress: taxes increased by the Japanese management style, who said both State and Federal gas taxes. When largest amount in history—$268 billion. we could really improve productivity the 4.3-cent-per-gallon motor fuels tax Now, on the other side of the chart, in by involving employees in decisions to is repealed, the average Delaware fam- green, we see what happened with the improve productivity, getting them ac- ily’s tax burden will be reduced by Republicans in control of Congress—we tively involved in teams, not the same $48—a good first step. passed a $245 billion tax cut. But, that as the TEAM Act today, but we used Some of my colleagues argue that was vetoed by the same President who teams. Small businesses seized on that the 4.3-cent-per-gallon motor fuels tax signed the $268 billion tax increase. model, and they were successful and is no different than other gas tax in- So, our Republican record is of tax they did reduce their costs. They were creases used for deficit reduction. I dis- cuts—letting Americans keep more of able to achieve productivity increases, agree. The 1993 Clinton gas tax increase what they earn so that they can spend getting better wages, and keeping their is different from other gas tax in- it or save it as they see fit. Tax cuts jobs because of it. creases before it. This gas tax increase that allow businesses to expand, hire At the hearing that we held in the went, and continues to go, entirely to more people and pay their employees Small Business Committee, we were the general fund. Unlike in past years, more. Tax cuts that allow Seniors to bringing in people to talk about it, and no portion of the Clinton gas tax in- keep more of their Social Security ben- some of those people had great stories. crease goes to the highway trust fund. efits. Tax cuts that allow more Ameri- Let me tell you that five other

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4909 businessowners and their employees ty, and creates skilled workers. Em- We ought not to be saying that em- who had enthusiastically agreed to ployees like to work in teams because ployees cannot work in teams with em- come and testify before our committee it gives them a voice both in their ployers or employers cannot work with had to back out. They backed out be- working conditions and the quality of teams of workers when they are not cause their lawyers said they were the goods or services they provide. bargaining collectively. Small business crazy, because, if they went in front of The National Labor Relations Act owners want to work closely with their a Senate committee and admitted that apparently right now gives employers employees. These employees have often they had involved their employees in and managers two options: employee been there from the inception of the improving productivity, they might be involvement through unions, or no in- small business. They are the ones who brought up by the NLRB for violating volvement at all. This means that 90 can make it grow. They are the ones the National Labor Relations Act. percent of workers in America who do who can ensure it prospers. They are They were proud of their accomplish- not belong to a union, or who have cho- the ones who can ensure that it will ments and proud of what employees sen explicitly not to belong to a union, provide good job opportunities in the had done, working together with their are not allowed to have a substantive marketplace. employers, to improve productivity voice in what they are doing in the President Clinton has said time and and their job security for the future. workplace. The TEAM Act offers em- time again he is a friend of small busi- Mr. President, I think employee in- ployees who are not unionized a way to ness, but the fact that he has already volvement has special implications for participate. issued the veto threat and called the American small business. By defini- Opponents of the TEAM Act have ar- TEAM Act a poison pill shows that tion, small business employees have to gued that employee teams are really simply is not true. He is marching to a be used in a variety of ways because sham unions that delude employees different drummer. It is not the drum- the small business owner has many du- into thinking they have power. I must beat of small businesses and their em- ties to delegate and the line between tell you sadly that I heard one news re- ployees today who know how they can manager and employee is much less port this morning which said that the compete and provide a better product distinct than it might be in a larger purpose of the TEAM Act was to per- and get more satisfaction from their business. The TEAM Act is also impor- mit companies to establish unions. jobs. tant because many small employers That is just not true. That is abso- America’s business needs the flexi- cannot afford to hire a labor law expert lutely false. I do not know who is spin- bility and the legal ability to involve or consultant or lawyer each time they ning the story, but they really suck- employees in every facet of business in want to try something new or to talk ered a news broadcaster on that one. order to compete with large businesses, with their employees. The TEAM Act amends the National with other businesses and to compete I can tell you from listening to small Labor Relations Act, section 8(a)(2) to globally. employers throughout America that allow employees and managers at non- I sincerely hope that we can move to they are scared to death of having an- union companies to resolve issues in- votes on this measure and adopt into other expensive confrontation with the volving terms and conditions of em- law reform, incorporating the provi- Federal Government. They particularly ployment. These include things such as sions of the TEAM Act which will let are afraid of having the NLRB come scheduling, safety and health, even businesses and employees work to- down on them. No small businessowner when they get coffee, and company gether. wants to invest precious time and re- softball teams, but it does not allow Mr. President, I yield the floor. sources in an employee-involvement and it would not allow employee teams system to utilize the good ideas of to act as exclusive representatives of Mr. CHAFEE addressed the Chair. their employees and then find out it employees or participate in collective The PRESIDING OFFICER. The Sen- has to be dismantled if the union, or bargaining. In other words, the teams ator from Rhode Island is recognized. the NLRB, gets wind of it. of employees would not have the power Mr. CHAFEE. Mr. President, what we My distinguished colleague from of unions. Section 8(a)(2) would con- are doing this afternoon is trying to Massachusetts, in arguing against this tinue to prohibit the domination of move forward to get approval of a piece measure, has emphasized that em- unions by the employer. So employers of legislation, S. 295, called the TEAM ployee involvement is used in many that tried to set up teams of employees Act—T-E-A-M, TEAM Act. businesses now. That is probably true. to bargain collectively would still be in Now, what the TEAM Act says is But this does not change the fact that violation of 8(a)(2) both because they that it is perfectly permissible for an many of the employee-involvement are dominating and because of the col- employer to sit down with a group of teams in existence today may actually lective bargaining aspect. It is impor- his employees and say, what do you be in violation of the law as it is writ- tant to note that any bad-faith actions think is the best way to make this ten. The argument, I gather, that is on the part of the employer would also place more efficient? Or how can we being made on the other side is that be- result in violations of other parts of make this place safer? Or what can we cause some businesses and employees the National Labor Relations Act, par- do to increase our productivity? Now, work together and do not get caught by ticularly section 8(a)(1). apparently—and I must say I was the NLRB, they do not need a law. Mr. President, we have seen the Na- stunned to learn this—that is illegal. That sounds a little strange to me. tional Labor Relations Board. I do not You cannot do that. Now, of course, it Secretary Reich and President Clin- think there is any problem with their is happening across the country, but if ton have said we need to encourage being vigilant to make sure that the it is discovered it is illegal, you can be corporate citizenship and employment statutes that will remain on the books hauled up before the National Labor and employee involvement in decision- are thoroughly enforced. I think it is Relations Board. making if America is going to compete time to give employees and employers There is something about this that globally. It is not just a question of a little credit for good sense. has an Alice in Wonderland complex to competing globally. For many small Workers are smart enough to know it. What is going on in the United businesses in my State, it is a question when they are getting a fair shake States of America when an employer of competing in the marketplace right from management and to look else- cannot say to a group of workers out now. They can do it. They can provide where if they are not. Management there, the fellow down the road is pro- a better product or a better service for knows that without meaningful em- ducing our product at a lower price and their customers. But they want to be ployee involvement the improvements faster than we are. What can we do to able to rely on the good ideas of their in efficiency, safety, and quality sim- improve our productivity? And so they employees. The reality of the modern ply are not going to be there. Employ- give him some suggestions. But it workplace for businesses of all sizes is ees and employers must be given the turns out that is against the law. It is that workers are being given more right to choose what is right for against the National Labor Relations power, and that is good. Management them—unions if they want it, employee Act which was passed in 1935. So we are likes employee involvement because it involvement if they want it, or maybe held up, ensnarled in an act that was increases productivity, improves safe- in some circumstances both or neither. passed 61 years ago.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4910 CONGRESSIONAL RECORD — SENATE May 9, 1996 So what this act, introduced by the sarial situation between labor and call a safe harbor. What is a safe har- Senator from Kansas [Mrs. KASSE- management. Indeed, workers were bor? A safe harbor is an area where the BAUM], reported out of the committee, prohibited from organizing in many employer knows it is safe for him to says is that there are certain things States. They were prohibited from enter into discussions with employees you can do. No, you cannot do collec- going on strike. All of that changed in without running afoul of the law. That tive bargaining with a group of em- the early 1930’s with the National is what this is all about. The TEAM ployees like that. That is separate. But Labor Relations Act and other laws Act is this safe harbor. It would do certainly you can sit down and decide such as that. nothing to undermine union organizing how you are going to increase produc- The act, as I say, has not been ade- or collective bargaining. It would rec- tivity or how you are going to make quately changed in the 61 years that ognize and authorize a simple fact of the place safer or what can we do to have passed, and it does not recognize life: Employers are, indeed, nowadays make it more attractive to get other that now there is a great deal of co- looking to their employees more than workers to come and join with us in operation that is needed in our fac- ever before to help them, the employ- this effort. tories and workplaces, so efforts to in- ers, have a better workplace, a smarter That is what this is all about. The crease workplace cooperation were sub- workplace, a more efficient workplace, mere idea that we need a law to do this stantially hindered in 1992 by a deci- a more successful workplace that, seems to me—I must say I never sion called the Electromation case. hopefully, will result in more jobs, not dreamed this would be required. Frank- That was a National Labor Relations only for those employees and their ly, when they started talking about the Board case some 4 years ago. In that families but others across our Nation. TEAM Act, I did not know what it was case, the National Labor Relations This is very simple. It is a good idea and had to have somebody spell it out. Board said that employers and em- that, as I say, I am stunned it is caus- So that is why we are here today. This ployee committees which talk about ing this furor, this fuss, because it is vigorously resisted by the unions, attendance—people are not getting to ought to be adopted, I think, unani- and it is vigorously resisted by the ad- work on time. What is going on around mously. Democrats and Republicans ministration. The administration has here? What can we do to increase the and unions all ought to embrace some- gone so far as to say if this law is attendance? We have a lot of people thing that is going to make our coun- passed, this TEAM Act, it will be ve- who are not showing up. We have some try more efficient. toed. people who work a 4-day week when I do hope this TEAM Act, S. 295, will I must say I think that is unwar- they are meant to be here 5 days. What be adopted, and I thank the Chair. The PRESIDING OFFICER. Who ranted and extremely shortsighted. can we do about it? What can we do There are two factors, it seems to me, yields time? about no-smoking policies? What do Mr. BENNETT. Mr. President, I sug- that make it very important we pass you want? Do you want a separate gest the absence of a quorum and ask this legislation. First—and this is no place to smoke? Do you want no smok- unanimous consent the time be divided secret to anybody who is watching this ing? What do you want? It was decided equally between both sides. or in the galleries or anywhere—Amer- you cannot do that. You cannot even The PRESIDING OFFICER. Without ican industry is in the fight of its life talk to your employees about what is objection, it is so ordered. The clerk against competition. We now have a the best smoking policy or no-smoking will call the roll. global economy, no question about it. policy. The bill clerk proceeded to call the Something made in China or the Phil- This act we are talking about today, roll. ippines or in the Caribbean nations called the TEAM Act, would simply Mr. ASHCROFT. Mr. President, I ask comes into the United States and is conform labor law with what is already unanimous consent that the order for sold is competition. happening. As I say, all across our the quorum call be rescinded. So we in this country have seen the country there are, in fact, these com- The PRESIDING OFFICER. Without loss of tens of thousands of high-paying mittees, and our managers and our objection, it is so ordered. American jobs. I have seen this regret- owners of these companies do not real- Mr. BENNETT. I yield 6 minutes to tably in my State to a considerable de- ize it is against the law. Indeed, there the Senator from Missouri. gree. So what this intense competition are some 30,000 of these labor/manage- The PRESIDING OFFICER. The Sen- abroad has required is for American in- ment committees across the country. ator from Missouri is recognized for 6 dustry to produce better products at a But if any one of them is discovered, it minutes. lower price, increase productivity and could well be that it is in violation of Mr. ASHCROFT. Mr. President, I rise be more efficient in every fashion. So the National Labor Relations Act and again to support the concept that this painful but necessary reexamina- could be punished with fines of a very workers are America’s most valuable tion has required more intensive labor severe nature. asset. If we are to succeed in the next and management cooperation than in It is said that this bill is a threat to century, if we are to survive in a world the past. labor unions. I must say, I do not un- of universal competition, we cannot go The second thing that has taken derstand the rationale for that argu- into the competition forbidding workplace—the first is the global competi- ment. This bill specifically states in its ers and employers from talking to each tion. We have to compete or our jobs language that the committees that are other. will not survive—our laws have not entitled to be formed under this act If the 1960’s and 1970’s taught us any- kept pace and in many ways impede cannot negotiate, cannot amend exist- thing at all, it was a lesson taught our progress toward reaching this glob- ing collective bargaining agreements. when foreign competition, especially in al competitiveness. Labor law must All they can do is talk about better automotives and electronics—competi- change just like manufacturing proc- productivity, talk about greater effi- tion that gained from taking sugges- esses must change or cooperation has ciency and matters of that nature. tions from the production floor and in- to be greater. And that is true of labor As has been mentioned previously, corporating them in the process of the laws likewise. Labor laws have to re- the hitch is that the law says employ- operation—almost drove some Amer- flect the need for cooperation and ers cannot enter into the formation of ican businesses under. Suddenly, Amer- teamwork that is critical for our sur- any organization that deals with these ican manufacturers began to replicate vival. problems that I have mentioned: at- this awareness of the great resource The National Labor Relations Act, as tendance, productivity, efficiency. that employees can bring to business. I I previously mentioned, was enacted in This, as I further mentioned, has re- watched that happen when I was Gov- 1935 and has changed very little in ceived a very broad interpretation from ernor of the State of Missouri. I ob- those ensuing 61 years. Unfortunately, the National Labor Relations Board. served as companies started to develop that law is rooted in adversarial—when So it makes illegal most of those em- a sensitivity and how they would in- that law was passed in 1933, it was ployee-involvement committees that I crease their productivity in the proc- there to take care of a situation. At previously dealt with and mentioned. ess. that time, there was great turbulence What we seek in this act is to have On numerous occasions I have come in our industries. There was an adver- some clear definition of what we might here to support the TEAM Act, which

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4911 provides specific authority for employ- I think it is good when management such employee groups would want to ers to talk to employees, even in the and workers talk together. hear from management and manage- absence of a labor union—specifically He said the committee members were ment would want to hear from the em- in the absence of a labor union—in paid for the time spent on committee ployees. order to gain the benefit of those em- work and that EFCO provided any nec- All these things that were said to ployees, their views and their opinions. essary materials or supplies. have been so disastrous seem to me A series of cases with the National I suppose that might be an indict- like good, constructive things to do, Labor Relations Board has found ille- ment, but it does not sound like an in- and that is really why we need to pass gal the contacts between employers dictment to me. the TEAM Act. and employees on fundamental issues But also represented was that some- This company was hauled into court like safety, like working conditions, how these committees were established for asking for the opinion of employ- like working hours, like flexible work in response to union activity. But the ees, for letting them express their opin- time, something that would help re- conclusion of the administrative law ions on company time, for providing a solve this tension that exists between judge, who reviewed the evidence in place where they could meet, for pro- the demand that we seem to have for this case, indicated that simply was viding supplies, papers and pencils both parents being in the workplace not so. upon which notes could be taken. That and the fact that we need to raise chil- These committees were started in is a throwback to a bygone era that we dren in our homes. 1992, and the administrative law judge can no longer afford to tolerate. I believe it is good to say to our com- indicated, in his opinion, that there Because this company has provided panies, ‘‘Talk to your workers, get was no ‘‘noticeable union organiza- that it would share not only decision- their suggestions, become more com- tion’’ activity until July 1993. The first making with its employees but share petitive, become more productive and, committee was established in April ownership. Twenty-five percent of the as a consequence, help us be survivors 1992 which was 15 months before any company has now been transferred to a in the next century; be swimmers, not noticeable union activity. Besides, the special account for employee owner- sinkers, in the competition which we’re case law states the employer’s motiva- ship. I think that is the kind of com- going to be encountering all across the tion would be irrelevant in any event. pany we want to have, and it is a world as those tremendous nations of The Senator who came to the floor to shame that this company owner, Chris the Far East come on line, nations like criticize the EFCO decision said that Fuldner has had to spend $64,000 de- China, like Korea, Japan, Singapore, EFCO was found to have dominated fending himself from having conducted Indonesia, tremendous populations these discussion groups; it sort of had a himself so nobly. We ought to pass the which will be very competitive.’’ dark and nefarious tone about it. Let TEAM Act. So I believe the TEAM Act is one of Mr. DORGAN addressed the Chair. us find out what this domination really The PRESIDING OFFICER. The Sen- those fundamental things that America amounted to. should stand for, and that is working ator from North Dakota is recognized. The company set up the committee Mr. DORGAN. Mr. President, the together. and said, ‘‘We want to talk.’’ I do not This already can happen in union set- Senator from New York, Senator MOY- find that to be particularly onerous. I tings. But only one out of nine workers NIHAN, I believe is on his way, and some think that is really nice. So many com- is a union worker in the United others are on the way additionally to panies do not bother to listen to their States—outside of government—and we visit on our time. employees. As a matter of fact, that do not want to tie the hands of eight My understanding is we are dis- EFCO set up the committees is a com- out of nine of our competitors by not cussing several areas. One is the TEAM allowing them the advantage of work- mendation for EFCO. Act. The other is the proposed reduc- No. 2, that Senator said it was pretty ing together with management to im- tion of the gas tax. And a third is the bad that EFCO initially selected the prove situations. minimum wage proposal to adjust up- One of the great examples that has members of these committees. What a ward the minimum wage. been talked about in this entire debate terrible thing that is. To get them All of this, of course, started some has been a company named EFCO. It is started they did. What was not said is weeks ago when some of us suggested it a company in the State of Missouri they wanted to have broad membership was important to consider some kind of that makes architectural glass, window and, second, that the employees soon an adjustment in the minimum wage. wall systems. If you build a skyscraper established a policy whereby they Those who work at the bottom of the that is going to be made out of glass, chose their own members. economic ladder, the lower rung of the you order glass from someone like The PRESIDING OFFICER. The Sen- economic ladder, have not had an in- EFCO. ator’s time has expired. crease for 5 years. The minimum wage In the process of their conferring Mr. BENNETT. Mr. President, I yield has been frozen for 5 years. with their workers, they went from an additional 2 minutes. It is easy, I suppose, for some, espe- about 70 percent on-time deliveries to Mr. ASHCROFT. Mr. President, I cially some in this body, perhaps to not well over 90 percent on-time deliveries. thank the Senator. think much about those who work on They improved their performance so It sounded pretty bad that the com- minimum wage, not be acquainted with substantially that the company ex- pany chose the members until we found those who are trying to live on min- ploded the jobs and literally had lots of out that was just a way to get it start- imum wage. But there are a lot of folks new jobs, and that is the kind of thing ed, and then it sounded very generous in this country who go to work, work we want to have happen. that the company allowed the employ- very hard all day, are paid the basic One of the Senators came to the floor ees to select the members after that. minimum wage in this country of $4.25 to criticize the EFCO company, and in That is more generous than most labor an hour, and at the end of a long week listening to him, I cannot really tell unions that unilaterally select employ- still cannot make ends meet. you that it is much of a criticism. But ees. There is a legitimate reason to ques- in attempting to criticize the company, Then it was charged that manage- tion should there be a minimum wage, he said the committees met on comment participated in most of the meet- and there are some, I think, in this pany property. I think that is nice for ings. It turns out they participated, body who think we should not have a the company to say to employees and but they did not vote on matters before minimum wage. I know there are some their committees that they are inter- these committees. They wanted to par- in Congress who said publicly we ested in helping the employees by al- ticipate for purposes of discussion and should not have a minimum wage, and lowing them to use company property. learning. In addition, they attended that is a very legitimate position. I do They met during working hours. I the first committee’s meeting, but not share it, but some believe there think that is good. It did not require then after that, they only attended by should not be a minimum wage. They these folks to come back away from invitation of the workers. do not bring legislation to the floor of their families. Of course, it was then charged that the Senate suggesting we repeal the He said they had high management management in some instances sug- current minimum wage, but they just officials who attended these meetings. gested issues. I happen to believe that say a minimum wage is inappropriate.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4912 CONGRESSIONAL RECORD — SENATE May 9, 1996 But, by far, the majority of the Con- revolve on trying to make ends meet. Our from now until the end of the year, but gress would say it is appropriate to dream of owning a home and of being finan- there is a discussion of a 7-year pro- have some minimum wage. Not only cially secure is long gone. We’re better off, I posal for $30 billion. The question is, does the Federal Government have it, know, than a lot of other people that, for in- who divides the $30 billion pie? Who stance, have to live on the street, but how but virtually every State has a min- far are we from that? One paycheck? Maybe gets the $30 billion? imum wage, and some States have a two? We’re the forgotten people in this, The proposal that is before us has a minimum wage nearly identical to the called the working poor, the people who fall point of order against it. And that Federal Government. Some have a through the cracks somehow. brings me to the reason I rose again. higher minimum wage than the Fed- Her point is, after setting out her The point of order against the proposal eral Government does. story in 4 pages, that they work for the is that the proposal violates the Budg- But if you believe there should be a minimum wage, both her and her hus- et Act because the proposal that is minimum wage, then certainly you band, and just cannot make ends meet. brought to the floor to reduce the gas would believe from time to time it They cannot balance buying groceries, tax by 4.3 cents a gallon, an act that ought to be adjusted. paying the rent, trying to handle child will not guarantee lower prices at the Among all recent Presidents during care expenses and paying all their bills gas pump, violates the Budget Act. their terms, we have had some adjust- at the end of the month. Why does it violate the Budget Act? ment in the minimum wage. Some- So some of us think that there Because it increases the Federal deficit times it occurs after 4 or 5 years, some- should be an adjustment in the min- in this fiscal year by $1.7 billion. So times a little longer. By and large, we imum wage. It ought to be a reasonable this proposal violates the Budget Act do make periodic adjustments in the adjustment. I am not suggesting that by increasing the deficit in this fiscal minimum wage. we have an adjustment that is out of year $1.7 billion. So the next vote that I received a letter from a woman last line. But I think there is a reason for will occur, after the cloture vote at 5 week, and I will not use her name. I an adjustment. o’clock this afternoon, will be a vote to will not read it. But I read it last Some people have talked about it for waive the Budget Act so that Congress evening because, like most Members of some while. That is one of the discus- can reduce a gas tax that the experts the Senate and the House, I spend my sions here in the Senate. Ultimately, I say the consumers will not ever get the last hours of the evening reading and think there will be an adjustment this benefit of, and in doing so we will signing mail and going through the year, and I think one that will prob- waive the Budget Act to increase the substantial amount of paperwork that ably gain some bipartisan support. Federal deficit. we do in the Senate, and I read con- The second issue that was introduced I do not know whether others think stituent mail and sign mail, sign let- in this discussion was a 4.3-cent gas tax this is kind of an incongruous situa- ters back to them late in the evening. reduction. Presumably the 4.3-cent gas tion, at the same time we are talking I read this letter late in the evening, tax reduction was to draw attention to about bringing a constitutional amend- and it almost broke my heart. It is a the fact that a 4.3-cent gas tax was ment to balance the budget to the floor letter from a woman. I am just going added in 1993. That is true. I voted for of the Senate this week—which has to read the last two paragraphs, but it that. I do not regret voting for it. It now been postponed, I guess—and at is a 4-page letter. She describes her cir- was included in a long list of tax in- the same time the Senate Budget Com- cumstances and her husband’s cir- creases, some tax increases, mostly on mittee is talking about constructing a cumstances and her children’s cir- upper income folks, but some tax in- 7-year balanced budget plan, we are cumstances, medical problems, prob- creases, spending cuts, and other ap- also constructing a mechanism now to lems of not being able to get the edu- proaches to try to reduce the Federal have a vote on waiving the Budget Act cation they wanted. They tried, but budget deficit. in order to allow an increase in the they had to quit school to take care of The Federal budget deficit has been Federal deficit in this fiscal year of $1.7 this or that and getting pregnant, hav- reduced in half since that time. And 4 billion in order to accommodate a re- ing four children. years in a row the budget deficit has duction in the gasoline tax that the ex- What she describes in this letter is a come down. I do not regret voting for perts say may never reach the pockets rather long list of setbacks from two that. But would I like to see lower gas of the consumers. people who married very young and prices? Yes, I would. Gas prices spiked I come from a town of only 300 peo- struggled and tried to make it but up 20 to 30 cents a gallon in recent ple. I graduated in a high school class without much skill and without much weeks, and as a result of that price of nine. They might not have taught education were always forced to take a spike, we are told now that we should the most advanced or the highest job at the bottom of the economic lad- reduce the gas tax 4.3 cents a gallon. mathematics available to students in der and were always forced by cir- I said this morning, it is a little like America, but this does not add up. This cumstances, a fire that destroyed their treating a toothache by getting a hair- does not pass the test. Those who say trailer home and every single thing in cut. I do not see much relationship they want to balance the budget re- it, and no insurance, always forced by here. The gas price spikes up and they quire the next vote to be one in which circumstances like that, just as they say, let us reduce the gas tax 4.3 cents they will vote to waive the Budget Act started to get ahead a little bit, to be a gallon. The industry executives say so they can increase the deficit to cre- completely pushed back to start over. there is no guarantee it will be passed ate a tax break that the experts say is It is a 4-page letter. I shall not read through to the consumers at the pump, not going to reach the consumer. It it, but it does break your heart to read there is no guarantee that the con- sounds to me like a deal the American these kinds of things. And it is not just sumers will see a lower gas price at the people can easily resist. this woman, it is so many people in pump. ‘‘Experts Say Gas Tax Cut I have heard huffing and puffing and this country who try very hard to get Wouldn’t Reach the Pumps.’’ ranting and raving. I have seen ahead but never quite seem to be able Energy expert Philip Verleger says, sidestepping that would befit an Olym- to do it. according to yesterday’s paper: pic contest out here on the floor of the She talks about all of her cir- Senate in recent years about the issue cumstances, and she said: [This] . . . is nothing more and nothing less than a refiners’ benefit bill. . . It will of a balanced budget. And we have peo- I wonder how we can make it like this. transfer upwards of $3 billion from the U.S. ple who stand up, and they arch their How can I tell my children? I wish somebody Treasury to the pockets of refiners and gaso- back, and they point across the room, in some official office would help me tell my line marketers. boys that they’re not going to be able to play and they say, ‘‘We’re the ones that baseball this summer because I can’t afford a If it is not going to go to the con- fight for a balanced budget. And none $25 fee for each of them, let alone paying for sumers—and there are an army of peo- of you cares. You’re big-time spenders the baseball glove, the bats they would need ple out there who suggest there is no who want to spend this country into to play ball this summer. guarantee this is going to result in a oblivion.’’ She says: lower pump price—then the question is, Yet, in 1993 the last serious effort to We don’t spend our money on alcohol or who is going to get it? And it is not do something to balance the budget, drugs. We don’t go out on the town. Our lives pennies. I know they are talking about every one of us, every single one of us

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4913 cast the votes that were necessary to bit on the merits of one of the pro- three bills up and debate them and vote pass the bill to reduce the deficit, posals. on them, and if we get a majority for which has brought the deficit down by I said, I guess, 2 days ago the Senate them, they pass; if we do not, they do half, and we did not get one vote from looked like what we were trying to do not pass. That is sort of the way legis- the other side even by accident. is mix and match pieces of legislation lation is supposed to be written. I am not backing away from that in order to try to accomplish some- What we are engaged in now is a mix vote. I say, I am glad I did it. Maybe thing. It is like a woman who goes and match proposition where we are there are legitimate reasons to be crit- shopping for an outfit. My wife calls it trying to mix and match things that do ical of some parts of it. I understand mixing and matching because she buys not mix and match. I do not think that that. But I am not somebody who says a little bit of this, a little bit of that, is the way to legislate. Again, it may I wish I had not done that. We did the and a little piece over here, and tries to be the way to buy clothes, but it is not right thing. But it is an incongruity, it put it all together and hope that it the way to produce legislation that is seems to me, to decide with the first comes out in a wonderful, exciting new good for the people of this country. I winds of politics that we should, on the outfit by mixing and matching the dif- think they desperately want us to start floor of the Senate, decide to waive the ferent parts. That might be a good con- working in some type of a fashion that Budget Act so we can increase the Fed- cept for buying clothes, but it is a very makes sense for the rest of the coun- eral deficit this year, to provide a tax bad concept for writing legislation. try. cut the experts say will not reach the I think that is exactly what the Sen- The other thing I want to comment American people. ate is being asked to do here today, on is the proposition that we should re- There is room for disagreement. I take a little bit of minimum wage, put peal the gas tax. There was an article mean, we are talking, as I said when I it together with a little bit of TEAM that caught my attention this morn- started, about three different issues, Act, and stir in a little bit of gas tax ing, the headline of the Los Angeles the TEAM Act and the minimum wage repeal, stir it up, and hope it comes out Times. The last time I was on the floor and the gas tax. There is great room as a good legislative package. It kind I talked about the law of supply and for disagreement. of reminds me in Louisiana of trying to demand, which I thought really is what I notice Senator BENNETT, from Utah, make a gumbo. We put everything in should govern this country, as opposed on the floor. There are few in this in- the pot, stir it up, and hope it comes to price controls coming out of Wash- stitution for whom I have higher re- out eventually, after you cook it along ington, DC. What a frightening thought gard than the Senator from Utah. I with something that is edible. The it would be to think that Washington think he is a straight shooter and a fel- problem is you have to be careful what will regulate the price of everything. I low who calls it like it is. There is you put in the pot. If you put some- do not think we are qualified to come plenty of reason for us to disagree thing that will not fit, it will come out close to getting that done. Yet I think when we disagree on the merits of tasting pretty bad. that, if we are going to say by remov- issues. I understand all that. The same analogy is true with regard ing the gas tax we will guarantee that We might feel strongly about things to trying to legislate. There is no rea- people that buy gasoline at the pump and line up and end up on different son in the world why we should try to are going to get the benefit of that resides of the same question. I think the be putting a minimum wage bill on the duction, the only way we can do that, country would be better off if on issues back of a gas tax repeal and attach it like this—and I admit to those who folks, is very simple, and that is price to this TEAM Act dealing with labor- question that there is politics on all control. The only way we can guar- management relationships. There is sides of this Chamber, and when the antee that tax cuts somehow worked not a lot of relationship between any of charge of politics ricochets back and their way through to the ultimate con- these three provisions, except politics. forth across this room, there is plenty sumer is by passing a law that man- I said on the floor the other day, and of blame to go around. I understand all dates that. That is price control. We I asked the distinguished majority that. I just observe that the closer we have tried that, and it has not worked leader, why do we not just take the get to the first Tuesday in November of in the past. It will not work in the fu- bills up and vote on them in the nor- an even-numbered year, the more like- ture. mal course of following the Senate ly it is that we will be seduced into What does work and has always rules, debate minimum wage, vote on easy decisions that are fundamentally worked in this country is the law of it, pass it if there is a majority for it wrong, that will move this country in supply and demand. The headline of to- the wrong direction. It is the wrong di- and kill it if there is not. Do the same day’s Los Angeles Times is ‘‘Gas Prices rection to decide now to increase the thing with the repeal of the gas tax. Show Signs of Decline as Production Federal deficit to accommodate a gas Let us debate it, let us vote on it, and Surges.’’ ‘‘The average cost at the tax that the experts say will not reach then decide what the will of the Senate pump falls half a cent, and State offi- the pockets of the American people. happens to be. The same thing on the cials predict more reductions. After I hope as we move along here that we TEAM Act. Bring it up, amend it, talk lagging, refineries again operating at will find a way to not vote on this issue about it, debate it, have the normal close to normal output.’’ of waiving the Budget Act and increas- rules of the Senate apply. That really should not be a headline. ing the deficit. Maybe this will be with- I think our side has even gone fur- That is normally what happens; that is drawn and we can look where we ought ther than that and offered bringing the not news. But the law of supply and de- to look: What caused the 20- to 30-per- measures up separately and give up one mand is at work. When the demand is cent increase in taxes? We can deal tool that the Democratic side, as mem- great, the supplies are increased to with that. Maybe it is simply supply bers of the minority now, would have meet that demand and prices adjust ac- and demand relationships. Maybe it is as a legislative tool. That is the fili- cording to the ability to meet the de- other things. Maybe those are things buster. Just bring it up and agree that mand. That is exactly what is hap- we can do something about. I hope we we will debate these measures and that pening. start looking in the right direction and we will offer amendments, but that we I also said 2 days ago that the price choose the right set of public policies. can agree on a time certain in which to of crude oil in this country between Mr. President, I notice a colleague is vote, that we will not filibuster if it is April 23 and May 6 decreased 10 per- waiting for the floor. I yield the floor. not going our way, being willing to let cent. That is over $2 a barrel that oil The PRESIDING OFFICER. The Sen- us have a vote on these legislative dropped. It usually takes 30 days from ator from Louisiana is recognized. packages. I think that is a pretty gen- the drop of price in crude oil to be re- Mr. BREAUX. I commend my col- erous offer. I thought that the major- flected in the finished product at the league for his comments on the issue ity leader had agreed to that in his pump. It dropped 10 percent in 1 week, pending before the Senate. It has got- press conference yesterday but find out over $2 a barrel. That, naturally, shows ten so bad it is hard to figure what is later on, no, that is not really what he up in the normal course of doing busi- pending before the Senate. meant. ness at the pump and lower prices. This I want to comment on two things— For the life of me, I do not under- headline is not a surprise. It is not what we are trying to do, and a little stand why we do not just bring these really news. Yet it is the lead story. It

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4914 CONGRESSIONAL RECORD — SENATE May 9, 1996 says ‘‘Gas Prices Show Signs of Decline over a period of years, get rid of the red ing clothes, but it is very bad when as Production Surges.’’ That is what ink. Now, all of a sudden, nobody cares trying to write legislation on the floor has happened. about balancing the budget anymore. of the U.S. Senate. A bad bill cannot be This Congress is in a panic. This Con- All of a sudden, the main thing to do is made good by adding another good bill gress is running for cover. We are hid- to cut the gasoline tax. Is everybody to it. It still is, in essence, a bad bill. ing behind our desks trying to say, crazy?’’ The converse is also true. ‘‘Well, we will fix the problem. We are I think that, by asking the question, So my suggestion is, let us follow the going to lower the price of gas.’’ That he sort of also answers the question proposal of the leaders on this side of is not what this proposition does at all. himself because of what he thinks we the aisle to take these pieces of legisla- It only lowers the tax that oil compa- all are about at the present time by tion up, debate them, consider them, nies pay per gallon of gas. There is no our actions. He says, ‘‘It is a little hard vote on them, and move on with what guarantee that they do nothing more to figure out what is going on, except I think is a priority in this Congress: with that than put it in their pocket that the national news media have to try to reach a bipartisan balanced and take it as an extra profit over their been exaggerating what is going on. budget agreement. normal course. CNN puts on pictures of pump prices of I yield the floor. The less we get into the business of $2.09 a gallon, but who is paying that?’’ Mr. KENNEDY addressed the Chair. determining what prices should be for he asks. He points out that, in New Or- The PRESIDING OFFICER. The Sen- all products, the better off Americans leans, at his neighborhood gas station, ator from Massachusetts is recognized. Mr. KENNEDY. Mr. President, I un- will be. Every time the price of wheat the posted price for a gallon of understand we are under a time agree- or corn or cotton or rice is going to go leaded regular was $1.19 a gallon, which ment, and we will be voting at 5 up, are we going to rush in here and had gone up from around $1.05 3 months o’clock. The time has been divided ear- say, ‘‘Wait, we are going to regulate ago. He later passed a convenience lier today. As I understand it, there are the price’’? Are we going to go back to store offering the stuff for $1.14 a gal- 45 minutes. production and wage and price con- lon. ‘‘It appears to me that prices are The PRESIDING OFFICER (Mr. JEF- trols? I think not. dropping back into line on their own, FORDS). The Senator is correct. The mi- I want to say from my home State of without any action of Congress.’’ nority has 43 minutes 36 seconds. The Louisiana, I think people who are out- The same thing in Los Angeles: ‘‘Gas majority has 57 seconds. side the thin air that sometimes I Prices Show Signs of Decline as Pro- Mr. KENNEDY. Mr. President, I see think we breathe too much of here in duction Surges.’’ my friend and colleague from New Washington are thinking, I think, more This is the marketplace at work. We York, who would like to address the sanely and more responsibly than we have had economist after economist— Senate as well. I will take 15 minutes, are here, and less politically. I think they generally are very nonpolitical— and then whatever other time is avail- they know what this is all about. We say this is the wrong thing to do. This able I will yield to the Senator. have a Presidential election, a congres- proposal is a dagger to the heart of any I ask unanimous consent to yield my- sional election in a couple of months, effort to balance the budget. It would self 15 minutes at this time. Senate elections in a couple of months. take over $30 billion out of any effort The PRESIDING OFFICER. The Sen- People are desperately running every- to balance the budget over a 7-year pe- ator is recognized for 15 minutes. where they can to try to do something riod. A penny tax per gallon is $1 bil- Mr. KENNEDY. Mr. President, in the that was not the priority of the people lion a year. I suggest that we should be past several weeks, we have seen the of this country. I think the priority concentrating more on how we, in a bi- majority in the Senate and the House was for us to balance the budget. partisan fashion, can come together use every parliamentary trick, every When they say, ‘‘We want to do and do the right thing with regard to legislative gimmick, every inside-the- something for families,’’ I say the best balancing the budget. beltway tactic they could conjure up to thing we can do for families in this I think we clearly do the wrong thing avoid a vote on increasing the min- country is to produce a balanced budg- when we do what I think is about to imum wage. et. That is what families want, so we happen, and that is, to make it even At the same time, particularly when will give them lower mortgage rates, more difficult, if not impossible, to they were outside the beltway, they lower interest rates on home loans, reach a balanced budget agreement. talked about helping America’s work- lower rates on sending their children to Let me close by saying that I have ing families make ends meet. It is not college and educating their families, expressed my opinion on the gas tax re- enough to say you care about working and produce a more stable environ- peal. There are others who will argue families, and it is certainly not enough ment, make more money available, and that it is the most important thing we to concoct a so-called alternative pro- add to the economy for growth, expan- could do. I disagree. Whether we agree posal that would raise taxes on 4 mil- sion, and job creation. or disagree, we should not try to con- lion of our lowest paid workers. The One of the papers in the State of Lou- coct this scenario, whereby in order to majority may think they can fool the isiana, the Times-Picayune, has a col- pass one bill, you have to pass another American people, but the only people umn written by a guy named Jack bill, and in order to pass a second bill, fooled by the Republican magic tricks Wardlaw, whom I know. The name of you have to pass a third bill. Let us are the Republicans themselves. The his column, I say to the Senator from take them up separately, debate them American people cannot be fooled by Utah, is called ‘‘The Little Man.’’ He on the merits. Let us consider and hear legislative sleight of hand. They want always sort of takes the side of the amendments that would be offered an increase in the minimum wage, and ‘‘little man’’ and represents what is through these pieces of legislation. they want it now. good for the little man as opposed to Perhaps the proposals can be improved While Republicans in Congress com- what is good for the ‘‘big man,’’ big by serious amendments that would be plain that increasing the minimum business, or the big corporations. His offered. But let us vote on the bills. Let wage is a political issue, the American headline in today’s paper says, ‘‘Gaso- us vote on the minimum wage. Yes, let people know that it is an issue of fun- line Tax Cut Will Mean More Red Ink us vote on the TEAM Act. Yes, let us damental fairness. The American peo- in the Budget.’’ He makes some good vote on the repeal of the gas tax. ple know that the time has come to points. I will refer to a couple because What is wrong with taking up legisla- raise the minimum wage and make I think it really says what I think we tion, considering bills that have been work pay for millions of working fami- should all be thinking. He says, ‘‘Some- offered, debating them? I think I signed lies. The American people know that times it seems like Members of Con- an offering to do this without the use inflation has eroded nearly all of the gress have the attention span of a of the filibuster. It is a most generous bipartisan 1989 increase in the min- honey bee.’’ It goes on to say, ‘‘Con- offer—incredibly generous. Look, we imum wage. The American people gress has just come through months of are in the minority, and we are not know that the minimum wage is about tedious in-fighting over the national going to filibuster. We can take it up to reach its lowest real value in 40 budget, the goal of which we were con- and vote on it. Why try to mix and years. The American people know that stantly told was to agree on a way to, match? Maybe that is good when buy- there

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4915 are minimum wage workers who work pressures on smaller businesses particularly Wrong, wrong and wrong. 40 hours every week, yet their families to cut costs in order to survive. But the Yes, organized labor is supporting the min- live in poverty. The American people president is proposing to restore the wage, imum-wage increase, but this is hardly a bo- nanza for unions. At most it would have a know that refusing to raise the min- not break new ground. In real terms, it would remain well below the levels that ob- slight indirect effect on collective bar- imum wage is wrong, it is unfair, it is tained from the 1960s through the early 1980s, gaining, as union negotiators try to keep unjust, and it should not continue. and would be only a dime above the level to rank-and-file pay above the minimum wage. Nearly every national survey finds which George Bush agreed, and Bob Dole and The St. Petersburg Times, ‘‘Let’s overwhelming support for raising the Newt Gingrich voted for, in 1989. Vote on Minimum Wage.’’ minimum wage. A national poll con- The Atlanta Journal-Constitution, Now that he has clinched the Republican ducted in January 1995 for the Los An- its headline is ‘‘Workers Due for a nomination for president, Bob Dole is back geles Times found that 72 percent of Raise’’: at work in the Senate. Last week the Senate Americans backed an increase in the President Clinton has picked a good time majority leader spent most of his energy try- wage. That survey confirmed the re- politically and economically to push for a ing to keep Democrats from bringing a pro- sults of a December 1994 Wall Street modest increase in the minimum wage. Mil- posed minimum wage increase to a vote. Journal/NBC News survey, which found lions of workers need the raise, and the econ- Dole should end the debate and allow sen- that raising the minimum wage is fa- omy is healthy enough to absorb a hike ators to vote. Democrats say they will keep without causing many job losses or inflation. trying to force a vote. Everyone knows a vored by 75 percent of the American minimum wage increase has little chance of people. A poll for ABC News in January The administration and congressional Democrats want to raise the minimum wage clearing the House. But that hasn’t kept ei- 1996 found that 84 percent of the Amer- to $5.15 in two 45-cent steps over the next ther side from trying to score political ican people support a minimum wage of two years. points on this issue. $5.15 an hour. Other recent polls con- A raise would help the 4 million workers Disregard for the country’s poorer work- firm that support for an increase in the who get the minimum of $4.25 an hour, and ers, those who try to live on an annual sal- minimum wage now stands at nearly 85 would nudge up the wages of another 8 mil- ary of $8,500, is one of the hallmarks of the percent. lion who earn between $4.26 and $5.14 per Grand Old Party. As usual, opponents of a hour. The minimum wage hasn’t been raised minimum wage increase claimed they were This support cuts across political acting in the interests of the working poor. parties. It cuts across gender and age in five years. In terms of purchasing power, the wage will fall to a 40-year low this year Allowing those workers another 90 cents per lines. It cuts across ethnic and racial if Congress doesn’t act. hour, they argued, actually could do them groups. In every segment of our soci- Such low pay for workers puts a strain on more harm than good. ety, in every region of our country, a society. Making about $8,500 a year, a full- Similar arguments have been made against large majority of Americans want the time minimum-wage worker with children every previous increase in the minimum minimum wage to be a living wage. No needs food stamps and welfare to survive. wage, and each has been proved wrong. one who works for a living should have The poverty line for a family of four is Mr. President, I ask unanimous con- to live in poverty. $15,600 a year which means a worker would sent that an editorial from the Seattle Another measure of broad support for have to make at least $7.80 an hour to keep Times and all of those editorials to a family out of poverty. raising the minimum wage is the large which I have referred be printed in the number of editorials from newspapers The St. Louis Post-Dispatch head- RECORD in their entirety. across the country supporting a higher line: ‘‘The Politics of 90 Cents an There being no objection, the mate- minimum wage. Here are a few of the Hour.’’ rial was ordered to be printed in the editorials. President Bill Clinton made some inter- RECORD, as follows: esting observations the other day about Con- Here is a New York Times editorial [From the Seattle Times, Apr. 5, 1996] of April 5, headlined, ‘‘Boost the Min- gress’ failure to raise the minimum wage. He pointed out that since the last time the fed- HELP THE WORKING POOR, RAISE MINIMUM imum Wage:’’ eral minimum went up—five years ago on WAGES There is a strong case for raising the min- Monday—senators and representatives have Presidential politics threaten an overdue imum wage by a modest amount. Unfortu- increased their own salaries by about one- 90-cent increase in the federal minimum nately, the issue is caught up in election- third. He also noted that a member of Con- wage. As Republicans and Democrats argue year politics, making compromise un- gress made more money during the month over who is the greater champion of the likely.... that the government was shut down last year working poor, the buying power of their pay- The Democrats proposed raising the min- than a minimum-wage earner makes in an checks wheezes near a 40-year low. imum wage over two years to $5.15 an hour, entire year. The current $4.25 hourly wage, which was which would raise earnings for these workers Add those stark statistics to the more last increased in 1989, is earned by four mil- by 90 cents an hour, or about $1,800 a year. philosophical point—that the GOP majority lion Americans, and another eight million Even at $5.15, the minimum wage would, always stresses the need for people to make workers range up to the proposed $5.15. after taking account of inflation, remain 15 it on their own, without the help of govern- Republicans are loath to help Clinton ful- percent below its average value during the ment—and the Republican roadblock to rais- fill a 1992 campaign pledge, and Democrats 1970’s. ing the minimum wage becomes even harder want to scorch Dole for raising his own con- Will low-paid workers lose their jobs if em- to swallow. At $4.25 an hour, a full-time gressional pay, and not the incomes of those ployers must pay higher wages? Yes, but worker earns less than $8,900—far below the whose full-time jobs only bring in $8,500 a there is widespread agreement among eco- $15,600 poverty line set for a family of four. year. . . . nomic studies that the impact would be very How can politicians try to push families off Seven years ago another 90-cent increase small. A 90-cent wage hike would probably the welfare rolls on the one hand and fili- was a largely nonpartisan event, with Dole, wipe out fewer than 100,000 of the approxi- buster attempts to let them earn a livable Georgia congressman Newt Gingrich and mately 14 million low-paid jobs in the econ- wage on the other? most all Republicans voting for the first increase since April 1981. omy—less than a 1 percent loss. Indeed, The San Francisco Chronicle, ‘‘Re- 100,000 represents only about half the number Over the years, the economic facts of life of jobs the economy typically creates each warding the Work Ethic.’’ have drained the issue of ideological force. month. The minimum wage is approaching a 40- Americans have overwhelmingly supported And the editorial goes on. year low in terms of its purchasing power. the concept of a minimum wage since its cre- For those fortunate enough to have no idea ation in the Great Depression. Current polls The Washington Post headline: ‘‘The what the minimum wage is these days, it is show strong support for efforts to help poor Minimum Wage’’: $4.25 an hour. It has been at that level for people willing to work. The purchasing power of the minimum five years, while inflation has steadily Liberal and conservative economists agree wage is about to fall to its lowest level in 40 gnawed into the paychecks of workers at the that moderate increases in the minimum years. The last time Congress voted to in- lowest rung of compensation. wage have a negligible effect on employers crease it was in 1989. It is time—you could President Clinton has proposed a modest or the number of low-paying jobs available, argue well past time—to do so again. increase of the minimum wage to $5.15 an especially in the service industries where President Clinton has proposed to raise the hour. they are concentrated. Most minimum-wage minimum 45 cents in each of the next two Unfortunately, the Clinton plan has be- workers are over age 20, and 40 percent are years, to $5.15 an hour. That’s a one-fifth income mired in election-year politics. Repub- the sole breadwinner in their family, accord- crease, and no such step is ever cost-free. It licans have characterized the proposal as a ing to Secretary of Labor Robert Reich. would have a broad effect on wages, not just big favor to organized labor that would cost Increasing the minimum wage to $5.15 is no those at the minimum but those in the zones jobs and mostly benefit middle-class teen- windfall; that is 15 percent below the wage’s immediately above, and it would add to the agers. buying power of the 1970s. (Today a worker

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4916 CONGRESSIONAL RECORD — SENATE May 9, 1996 has to earn $7.80 an hour to even reach the hour. The minimum wage hasn’t been raised ager peddling french fries to earn gas money federal poverty line of $15,000 for a family of in five years. In terms of purchasing power for his car. four.) the wage will fall to a 40-year low this year But Labor Secretary Robert B. Reich Raising wages takes on added importance if Congress doesn’t act. points out that most such employees are age if the Republican Congress follows through Such low pay for workers puts a strain on 20 and over, and 40 percent of them are the on plans to cut the Earned Income Tax Cred- society. Making about $8,500 a year, a full- only wage earner their family has. it, which holds the working poor harmless time minimum-wage worker with children Given such facts, the strong support that from income and payroll taxes. The EITC, a needs food stamps and welfare to survive. pollsters find among Americans for raising favorite of former President Reagan, has The poverty line for a family of four is the minimum wage is understandable. Hard- been denounced by House Ways and Means $15,600 a year which means a worker would er to fathom is Republican opposition. The Chairman Bill Archer, R-Texas, as just an- have to make at least $7.80 an hour to keep traditional GOP argument, that a higher other welfare program. a family out of poverty. minimum wage means smaller payrolls, has One advantage of the minimum wage is Even though the Clinton wage proposal is lost credibility; a study by two Princeton that it puts money in people’s pockets quite modest, Republican leaders are fight- professors of the effects of a higher min- quicker and throughout the year. EITC is a ing it aggressively. Last week, in a 55–45 roll imum in New Jersey showed no drop in em- vital supplement, but it is a one-time pay- call, Democrats in the Senate fell five votes ployment at 331 fast-food restaurants. ment geared to tax season, and people who short of forcing a vote on an amendment to Bob Dole and his Senate colleagues can file returns. boost the wage. In other words, most sen- stick to that tired logic if they want, but it The twin helping hands of a higher wage ators wanted to increase the wage, but GOP only highlights the differences in philosophy and the EITC recognize the effort millions of leaders blocked the vote. and compassion between him and Mr. Clin- Americans are making to help themselves. Republican reasons for opposing the wage ton. increase are weak. If the country were in a The majority in the Senate blocked the in- [From the New York Times, Apr. 5, 1996] recession, blocking the raise would make crease last week, but when Congress returns BOOST THE MINIMUM WAGE sense because higher labor costs could cause from its spring recess, the issue will return, too. As House Minority Leader Richard Gep- There is a strong case for raising the min- more unemployment. Certainly, a higher hardt put it, ‘‘We’re going to bring it back imum wage by a modest amount. Unfortu- minimum wage is not always a good idea: and back and back and back until we finally nately, the issue is caught up in election- Timing is important. prevail for America’s families and workers.’’ year politics, making compromise un- But this is the right time. In today’s econ- Those families and workers are also voters, likely.... omy, low-wage jobs are being created at an and come November, they won’t forget who The Democrats proposed raising the min- incredible pace. The unemployment rate is stood in the path to a decent wage. imum wage over two years to $5.15 an hour, at a mild 5.5 percent and inflation last year which would raise earnings for these workers ran at just 2.5 percent. Several highly respected economic studies [From the San Francisco Chronicle, Apr. 8, by 90 cents an hour, or about $1,800 a year. 1996] Even at $5.15, the minimum wage would, in recent years have suggested that few jobs after taking account of inflation, remain 15 would be lost if the minimum wage were to REWARDING THE WORK ETHIC percent below its average value during the rise slightly. Robert Solow, a Nobel prize- The minimum wage is approaching a 40- 1970’s. winning economist, says that among mem- year low in terms of its purchasing power. Will low-paid workers lose their jobs if em- bers of the American Economics Association, For those fortunate enough to have no idea ployers must pay higher wages? Yes, but a consensus has emerged that ‘‘the employ- what the minimum wage is these days, it is there is widespread agreement among eco- ment effect of a moderate increase in the $4.25 an hour. It has been at that level for nomic studies that the impact would be very minimum wage would be very, very small.’’ five years, while inflation has steadily small. A 90-cent wage hike would probably Polls show that about three in four Ameri- gnawed into the paychecks of workers at the wipe out fewer than 100,000 of the approxi- cans want the wage to rise. Republican sen- lowest rung of compensation. mately 14 million low-paid jobs in the econ- ators, whose pay has increased by a third President Clinton has proposed a modest omy—less than a 1 percent loss. Indeed, over the past five years, ought to get out of increase of the minimum wage to $5.15 an 100,000 represents only about half the number the way and allow the majority to increase hour. Unfortunately, the Clinton plan has be- of jobs the economy typically creates each the minimum wage. come mired in election-year politics. Repub- month. The benefits of a higher minimum wage [From the St. Louis Post-Dispatch, Apr. 2, licans have characterized the proposal as a would be substantial. At $4.25 an hour, min- 1996] big favor to organized labor that would cost jobs and mostly benefit middle- class teen- imum-wage workers cannot count on earning THE POLITICS OF 90 CENTS AN HOUR their way out of poverty. But at $5.15 an agers. President Bill Clinton made some inter- Wrong, wrong and wrong. hour, or $10,700 a year, the goal is in reach. esting observations the other day about Con- Yes, organized labor is supporting the min- By combining earnings, food stamps worth gress’ failure to raise the minimum wage. He imum-wage increase, but this is hardly a bo- about $3,000 and tax credits of $3,500, such pointed out that since the last time the fed- nanza for unions. At most it would have a workers can clear the poverty threshold for eral minimum went up—five years ago on slight indirect effect on collective bar- a family of four—about $16,000—even after Monday—senators and representatives have gaining, as union negotiators try to keep payroll taxes. That would be a victory for increased their own salaries by about one- rank-and-file pay above the minimum wage. public policy. third. He also noted that a member of Con- The lost-jobs argument is sharply refuted The best antipoverty strategy is to mix the gress made more money during the month by many respected economists, who have cal- tax credits and minimum wages. At Presi- that the government was shut down last year culated that the minimum wage would need dent Clinton’s urging, Congress recently than a minimum-wage earner makes in an to approach $6 an hour before having a meas- raised the [Earned Income] tax credit. The entire year. urable effect on employment levels. next step is to raise the minimum wage by Add those stark statistics to the more And this debate is not about how much the modest amount the Senate Democrats philosophical point—that the GOP majority high-school students should be paid for flip- have proposed. The Democrats should try always stresses the need for people to make ping hamburgers. Of the 10 million people again. Republicans supported such policies in it on their own, without the help of govern- earning $4.25 an hour, 69 percent are age 20 the past. perhaps Senator Dole can summon ment—and the Republican roadblock to rais- and older. the will to do so this election year. ing the minimum wage becomes even harder It is, indeed, a tough living. Ninety cents to swallow. At $4.25 an hour, a full-time an hour—or $1,800 a year for a full-time [From the Atlanta Journal and Constitution, worker earns less than $8,900—far below the worker—can make a difference for someone Apr. 3, 1996] $15,600 poverty line set for a family of four. at the poverty line. WORKERS DUE FOR A RAISE How can politicians try to push families off Politicians like to talk about restoring the President Clinton has picked a good time the welfare rolls on the one hand and fili- work ethic, about encouraging people to politically and economically to push for a buster attempts to let them earn a livable leave public assistance. Millions of people modest increase in the minimum wage. Mil- wage on the other? are answering the call—and getting too little lions of workers need the raise, and the econ- The administration is seeking to increase in return. omy is healthy enough to absorb a hike the minimum wage to $5.15 an hour. The Bu- Congress should vote them a raise. without causing many job losses or inflation. reau of Labor Statistics says that, measured The administration and congressional in current dollars, the value of the minimum [From the St. Petersburg Times, Apr. 1, 1996] Democrats want to raise the minimum wage wage has fallen 31 percent since 1979. LET’S VOTE ON MINIMUM WAGE to $5.15 in two 45-cent steps over the next At the same time, the percentage of hourly Now that he has clinched the Republican two years. wage earners who make the minimum has nomination for president, Bob Dole is back A raise would help the 4 million workers also declined, meaning that an increase at work in the Senate. Last week the Senate who get the minimum of $4.25 an hour, and would affect proportionately fewer workers. majority leader spent most of his energy try- would nudge up the wages of another 8 mil- Opponents of the increase often portray ing to keep Democrats from bringing a pro- lion who earn between $4.26 and $5.14 per the typical minimum-wage worker as a teen- posed minimum wage increase to a vote.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4917 Dole should end the debate and allow sen- It is no longer even enough to keep a of this poor student of his or his suc- ators to vote. Democrats say they will keep working family out of poverty. cessor three times removed. trying to force a vote. Everyone knows a Republican Senators have voted Mr. President, it fell to me, then minimum wage increase has little chance of themselves three pay increases in that chairman of the Committee on Fi- clearing the House. But that hasn’t kept ei- nance, to reach agreement on our ther side from trying to score political 5-year period—thousands of dollars in points on this issue. pay raises for themselves, but not one Democratic side on the Omnibus Budg- Disregard for the country’s poorer work- thin dime for families struggling to et Reconciliation Act of 1993. There ers, those who try to live on an annual sal- survive on the minimum wage. was no Republican involvement and no ary of $8,500, is one of the hallmarks of the How can the majority leader keep Republican support, for perfectly Grand Old Party. As usual, opponents of a saying no? Raise the minimum wage. straightforward reasons. It fell to me minimum wage increase claimed they were No one who works for a living should to negotiate among ourselves the 4.3- acting in the interests of the working poor. have to live in poverty. cent increase in the gasoline tax which Allowing those workers another 90 cents per We want a vote—a clean, yes or no, is suddenly under discussion today. hour, they argued, actually could do them The President had originally proposed more harm than good. up or down vote on increasing the min- Similar arguments have been made against imum wage. an increase in the Btu tax. And I sup- every previous increase in the minimum The American people look to the pose it is not inappropriate if I am wage, and each has been proved wrong. Congress for action on the minimum going to be speaking from Alfred Mar- The proposed legislation would raise the wage—and all they see are cloture peti- shall’s text, he having been a distin- $4.25 minimum wage by 90 cents in two incre- tions, quorum calls, and procedural guished professor in Great Britain, to ments over 15 months. That may be small gymnastics to avoid taking action. I refer to the Btu, which stands for change in Washington, but to those trying to ‘‘British thermal units.’’ live on the minimum wage, who earn about say, end the gridlock, end the deadlock—act on the minimum wage. Let’s The House voted a larger Btu tax in- three quarters of the $12,500 income that crease, but the matter came to the marks the federal poverty level, another 90 get the Senate out of the Doledrums. cents an hour is real money. Mr. President, I yield the floor. Senate, and there was no disposition Dole says he is a doer, not a talker. Fine. Several Senators addressed the here to address the general range of en- Stop the debate and bring the issue to a Chair. ergy uses—that involved coal and gas vote. It’s time to raise the minimum wage. The PRESIDING OFFICER. The Sen- and other sources of energy—as against Mr. KENNEDY. Mr. President, these ator from Virginia is recognized. simply gasoline. are typical editorials from across the Mr. WARNER. Mr. President, might I It was not easy to reach agreement country, and they go on and on and on inquire of my distinguished colleague on the 4.3 cents. That was the last part with the two themes that, one, it is with respect to the time? of the budget deficit reduction that we time to act it is time to act here in the There was some thought earlier that had to put together, a total reduction Senate now; and it is also an issue of some additional time might be yielded of $500 billion, half of it by raising—I fairness and decency north, south, east, from that side to this side. I wonder if will use that dread word ‘‘taxes’’—not and west. I could ask for 10 minutes such that I fees, not premiums—taxes, and a some- Mr. President, with this depth and do not inconvenience my colleagues at what smaller proportion from reducing, breadth of support among editorial the conclusion of the remarks of the cutting, and, in many cases, eliminating Federal programs. boards for a higher minimum wage, and distinguished Senator from New York. The last bit we had to get was that the broad support among voters for a Mr. MOYNIHAN. Mr. President, the 4.3 cents. We had to get up to 4.3 to higher minimum wage, the question is distinguished Senator from Virginia reach our $500 billion mark. I record obvious. Why are Republicans obstruct- knows that I have just come to the this simply to say it was not easy. It ing action on the minimum wage? floor to speak and do not control time. took 1 week with the Finance Com- Every day Congress fails to vote on But I see no other Senator on this side mittee Democrats in room 301 of this this issue is one more day that millions seeking to speak. If my friend from building, some of the longest days I of hard-working Americans have to Virginia wants 10 minutes, I would be have spent in the Senate. In the end we survive on less than a living wage. happy to, and I will assume the posi- did it because it had to be done. And we While Americans sit around their tion that I can yield that time and have results to show for it. kitchen tables trying to pay their bills, would be honored to do so with the un- So much of what happens in Govern- Republicans in Congress are huddled in derstanding as I shall listen with close ment, as in other aspects of life, has in- back rooms plotting new parliamen- attention to what he says for 10 min- distinct or very long-run consequences tary maneuvers to duck their responsi- utes, that he might undertake to do not easily seen. To the contrary, today, bility to America’s working families. the same. the American economy is the wonder of The people are ahead of the politi- Mr. WARNER. Mr. President, I thank the world. There is no nation in the cians on this issue. While the Repub- my distinguished colleague. OECD, the Organization of Economic lican majority in Congress dithers and The PRESIDING OFFICER. The Sen- Cooperation and Development, formed delays, working men and women across ator from Virginia is recognized. just after World War II, that comes the country are waiting for our answer. Mr. MOYNIHAN. I propose to dis- anywhere close to our rate of growth, Republicans love to talk about work. course at some length on Alfred Mar- our unemployment rate, our price sta- But when the chips are down, they shall’s ‘‘Principles of Economics’’ pub- bility, and the long, sustained period of deny the value of work. They refuse to lished in 1890. growth which we are in. support a fair day’s wage for a full Mr. WARNER. Mr. President, I thank We are now, sir, as of May, in the 63d day’s work. my colleague and friend. month, more than 5 years, of continued One of the biggest issues of 1996 is the The PRESIDING OFFICER. The sen- economic expansion—not the longest, declining standard of living for the ior Senator from New York is recog- as in the 1960’s, but something that vast majority of American families. nized. would have been considered beyond The economy may be doing well, but Mr. MOYNIHAN. Mr. President, I imagining 50, 60, 70 years ago. the gains are flowing primarily to yield 10 minutes to the distinguished The budget deficit, Mr. President, those at the top. The vast majority of Senator from Virginia. has been cut in half. The numbers are Americans are being left out and left The PRESIDING OFFICER. The Sen- astounding. We went from a budget def- behind, and those at the bottom of the ator from Virginia is recognized. icit of $290 billion in 1992—these are fis- ladder are being left the farthest be- Mr. WARNER. Mr. President, I won- cal years—to what, if you average out hind. der if I might follow my distinguished OMB, which says 146, and CBO, 144, is a Millions of working families are colleague. I would profit greatly from deficit of $145 billion in the current struggling to survive on the minimum the erudition that I assume will be dis- year. wage, which is now only $4.25 an hour. played. Half—we have cut it in half in 4 They have not had a pay increase in 5 I thank the Chair. years. The deficit now is the lowest, in years. The value of the minimum wage Mr. MOYNIHAN. Mr. President, the proportion to our annual gross domes- is now near its lowest level in 40 years. erudition is from Alfred Marshall, not tic product, it has been in 15 years.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4918 CONGRESSIONAL RECORD — SENATE May 9, 1996 Real growth rate is at a solid 2 percent, economic advisers to the President was ference in the profitability of firms all which is very impressive, given the fact that the Federal Government was tak- over the country. that we have full employment and no ing in more money than it was spend- But what happens, when you have a inflation. ing and hence depressing our move to- short-term shortage, to prices when Our distinguished Director of the ward full employment. The term was you try to do something such as this? Congressional Budget Office—and I ‘‘fiscal drag.’’ The efforts to get Fed- Well, my good friend and deskmate and apologize for the initials CBO—Dr. eral revenues out, back into circula- member of the Finance Committee, the June O’Neill, recently testified before tion, were extraordinary. Senator from Louisiana, earlier cited the Senate Budget Committee: I can recall my first visit, the first Philip K. Verleger, Jr., an economist at CBO continues to believe that the U.S. time I was ever in the Oval Office. It Charles River Associates, who was economy is fundamentally sound and esti- was with the beloved Secretary of quoted in the press just yesterday, in mates that the chances of a major downturn Labor, Arthur Goldberg, and we were the Washington Post, saying, ‘‘The Re- in the next two years are not high. bringing to the President a proposal to publican-sponsored solution to the cur- Now, one of the reasons things are increase the pay of public servants, rent fuels problem * * * is nothing very good is that we did what was dif- postwar and such. And the President more and nothing less than a refiner’s ficult to do in 1993, and we did it on our looked at our proposal and said, ‘‘Is benefit bill* * *. It will transfer up- own on this side of the aisle. We are that all?’’ Walter Heller, the chairman wards of $3 billion from the U.S. Treas- not complaining whatever about that. of the Council, said, oh, surely we need ury to the pockets of refiners and gaso- If it was to be our budget, let us do it. to do more than that; he added up the line marketers.’’ I could wish it was bipartisan. It was numbers on the page, just like that. Is that the result of some conspiracy not. But that has nothing to do with We were about to propose revenue among the big oil companies? No, sir. I the fact we found 50 votes here plus the sharing. If Congress would not spend have no reason to think—it may be Vice President. It was close. And that the money, perhaps Governors would. I true, but I have never heard it mentioned—that an oil company came to last tenth of a cent on the gasoline tax am not speaking lightly of what you anybody on Capitol Hill and said, did it. spend, but there is such a thing as see- ‘‘Would you cut that tax?’’ The reason In January 1994, our eminent Chair- ing that you do not keep the economy Mr. Verleger said the reduction in the man of the Federal Reserve Board, depressed by taking in more revenue tax would benefit refiners is that for a Alan Greenspan, testified before the than goes back into the economic century it has been the clearest under- Joint Economic Committee as follows: stream. In the 1960’s we had those sur- standing of the economics profession The actions taken last year— pluses. Those blue marks indicate a slight surplus, primary surplus, not that under short-term supply condi- Referring to our budget deficit reduc- big, but big enough to preoccupy us. tions, a change such as a reduction in tion measure with the gasoline tax. Then we had the oil crisis of the an excise tax does not affect the price to reduce the Federal budget deficit have 1970’s and deficits came. Then the 1980’s paid by the consumer. been instrumental in creating the basis for and deliberate deficits of enormous In 1890, Alfred Marshall, as I men- declining inflation expectations and easing amounts and the debt that went from tioned to my friend from Virginia, the pressures on long-term interest rates. . . great professor of economics at Cam- What I argued at the time is that the pur- $995 billion at the end of fiscal year 1981 to where we just now, just re- bridge University—he taught John pose of getting a lower budget deficit was es- Maynard Keynes, the father of modern sentially to improve the long-term outlook, cently, raised the debt ceiling to $5.5 macro economics—produced his opus, and that if the deficit reduction is credible, trillion. We added almost $5 trillion to his great text, ‘‘Principles of Econom- then the long-term outlook gets discounted our debt. The debt is huge and the in- ics.’’ I have here a volume reprinted in upfront. Indeed, that is precisely what is terest has to be paid and it will be. But 1961. This was the summation of what happening. in the meantime, if you can look at economists knew at that time, in the The term, sir, is the deficit premium this chart, we are back to a primary on the interest rate, the expectation late 19th century. surplus—we did a good job in 1993—a The PRESIDING OFFICER. The Sen- upfront that inflation will increase so primary surplus averaging about $66 that interest rates would be higher ator from New York is advised the ma- billion for the next 4 years. A little jority has 13 minutes left, of which than they otherwise would be. They are good news does not do any harm, spar- now down. And that added another $100 10—— ingly. And this is solid good news. Mr. MOYNIHAN. Three. I would not billion of deficit reduction. Now, suddenly, we are asked to dis- bring up Marshall if I expected to hold That is how we were able to cut the mantle that last, painful mile we had my audience very much longer than 3 deficit in half. Do we have problems in to travel in 1993, that 4.3 cents. It took minutes. the outyears? Indeed, we do. But are we 1 week to get from 4 cents to 4.3 cents Marshall took the example—to illus- on the right track now? Indeed, we are. and then bring it to the floor where it trate short-term supply, a fascinating Unemployment for April was 5.4 per- passed just barely, with the remark- thing—he took the example of fish. He cent. That is roughly full employment able results we now see. said, what happens if there is a sudden in our present jargon. Inflation is in If a reasonable case could be made change in the situation? Weather check. The Consumer Price Index, that to eliminate this gasoline tax makes fish more or less available—a which overstates inflation, is at 3 per- right now would save consumers nice point—or if there is an increased cent—something unprecedented — and money, then it should be considered. demand for fish caused by the scarcity real wages and salaries increased in the Some have tried to make that argu- of meat during the year or two fol- first 3 months of this year by 1 percent, ment. But it is simply not the case lowing a cattle plague. Mad cow dis- a very handsome rate. that there should be any expectation ease in the late 19th century. A scar- One of the consequences, Mr. Presi- whatsoever of any impact on gasoline city of fish caused by uncertainties of dent—and I hesitate to use another prices from a reduction of this tax, be- the weather has its exact parallel in chart on the Senate floor, but this one, cause the present spike in prices is the our cold winter. These things come. I I think is important. The public is result of a series of very simple events. do not have to tell the Senator from watching and my colleagues might find We had a very cold winter and used up Vermont about cold winters. it interesting. For the first time, sir, more oil reserves than we might have Would outside intervention change since the 1960’s, the Federal budget has done. There was an expectation that the price of fish to the consumer in a primary surplus. A primary surplus is Iraq’s petroleum might come out to the that circumstance, when there was a the difference between revenues and world market—it did not do so. In Cali- fixed supply? The answer from Alfred outlays for programs. fornia, a number of refineries that were Marshall is emphatically ‘‘no.’’ Stu- I came to Washington in 1961 with moving along well have ceased to do so. dents of economics my age will remem- the Kennedy administration, and I can Then there is apparently a develop- ber this book. It is a very heavy book, report something that may have been ment within the refining industry of but it is still around and it works. lost to the memory of many of us. Our just-in-time inventories. Perfectly What it propounded is very clear. He biggest problem as then seen by the good economics. It has made a big dif- said:

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4919 To go over the ground in another way. large or small, there is a suggestion in the breadth that is all common in Market values are governed by the relation box. The workers are invited to drop America today. But these people in of demand to stocks actually in the mar- suggestions in their suggestion box. All their workplace cannot go in and talk ket....’’ the TEAM Act really does is to enlarge about day care with the management. This is something businessmen know. the concept of the suggestion box so Then there are softball teams. Sports Mr. Mike Bowlin, Chairman of ARCO, that they can sit down and discuss with have become a part of the lifestyle, for- said on ABC’s ‘‘Nightline’’ Tuesday management in that company their tunately, in many industrialized places evening: own ideas to increase productivity, to in America today, but the workers can- My concern is that there are other market increase safety. It is just the bare es- not go in and discuss the after hours, forces that clearly will overwhelm the rel- extracurricular athletic participation atively small decrease in the price of gaso- sentials of everyday existence in a plant environment. Yet, they are hob- of the employees. line, and that alarms me, that people’s ex- Another example is the employee pectations will be that the minute the tax is bled by this ancient, ancient law. removed, they want to see gasoline prices go This is not an act to try and thwart lounge: a reserved area in the plant down 4.3 cents, and that won’t happen. the right to unionize. In no way does it where they might go for a break or This is something we know. Or it can do that. It simply gives the nonunion have their lunch or just enjoy them- be said as much as things like this are worker a chance to express his or her selves. As far as vacations, no way, no dis- knowable, this we know. The business- own view, such that their plant can be- man says it, the economist says it, the cussion is allowed. come more productive, with the hope How about rules on arguments among grandfather of them all explained it 100 and expectation that their salary employees? Today, there is a lot of ten- years ago. There is good news, which is check might be increased. And to speak sion in many of our workplaces, but that the futures markets show the about safety issues so that they can people are not free to go in and just price of crude oil going down very live and work longer in a safer environ- discuss that with their bosses in the sharply, from about $22 a barrel today ment. That is all they ask. hopes to alleviate this situation of ten- to about $18 for next September. Gas I urge my colleagues, no matter how sion. prices will go down. Can we not just let strong your affiliation and ties are to Just stop to think, dress codes can- them go down by normal market forces organized labor, look at this law. De- not even be discussed. Nor can parking and keep the budget agreement intact, cide it upon its own merits. Think of regulations, smoking or nonsmoking the agreement which has brought us to those people all across our Nation policies and, indeed, safety in labeling. this happy moment? today who are working to compete in And on and on it goes. I do thank the President for his pa- this global market. To me, this just defies common tience. I look forward to listening at- This bill, again, in no way affects the sense, defies good judgment. It goes tentively to my friend from Virginia. rights of workers who have chosen to back to the old days: Yours is not to The PRESIDING OFFICER. The Sen- unionize. Rather, it assists only the reason why, but just to do or die. And ator from Virginia is recognized. workers who have chosen not to that is totally alien to today’s work- Mr. WARNER. Mr. President, I rise unionize, such as those in my State, place. in strong support of the TEAM Act. I which is, proudly, a right-to-work Mr. President, one of the biggest con- was privileged, at the request of the State. cerns of the American people and espe- distinguished chairman from Missouri, I went back and looked at so much of cially the people of my State is that Mr. BOND, to chair the Small Business the testimony from the Small Business the Federal Government, instead of Committee and hold a hearing on this hearing. Most people would be shocked helping them get ahead, helping them subject. In my remarks today, I will to learn that the current labor law become more competitive, sets up refer to a number of very important makes it illegal for employees in non- these roadblocks to make that less pos- pieces of testimony, some coming from union plants, workplaces, to discuss sible. those in Virginia, who came before matters such as safety and produc- The TEAM Act is a piece of legisla- that committee to clearly, clearly sup- tivity and work schedules, the daily tion which will help lessen that road- port the need for this change in the routine, where they might have lunch, block put on in 1935 and allow the law. the quality of the food, safety of the workers in our industrial plants all I refer back to the 1930’s when the machinery, the age of the machinery. across America to use their skills, original Wagner act was enacted in It is such logical discourse between their energies and their ideas to create 1935. labor and management in today’s mar- a more productive and, hopefully, safer It is time that we should change the work environment, and to make Amer- law. That is all we are asking. This is ket, yet this law stands there like a stone wall to prohibit the exchange of ica collectively more competitive not the 1930’s. Today, employees are throughout the world. highly skilled, far better educated, ideas. Section 8(a)(2) of the National Labor Do the workers in comparable plants conscious of the fact they are in a glob- in Asia or Europe have these problems? al economy competing not with the Relations Act just does that. The NLRA casts a cloud of illegality on all No. They can sit down with their company down the street or the com- bosses. As a matter of fact, much of the pany in the next State but, indeed, types of organized employee participation in the workplace; that is, when concept of this TEAM Act originated with companies all over the world. abroad and has been brought to our groups get together. You can drop your While they are sleeping, other compa- shores and yet here there is a law to suggestion in, but you cannot join with nies elsewhere in the world are build- stop it. ing much the same products that are four or five other workers and go into The TEAM Act is necessary to free flowing into this one global market. the boss’ office, perhaps put your feet business and workers from the shackles Yet, here they are, nonunion employ- up, and have a discussion on these sub- of an ancient law. ees handcuffed by a law passed in the jects. It sounds crazy. It is just totally Mr. President, do I note the time has 1930’s at a time when really workers out of context with our lifestyle today. arrived? were expected, like Tennyson once re- Listen to the type of issues which The PRESIDING OFFICER (Mr. ferred to soldiers, ‘‘Yours is not to rea- cannot—I repeat cannot —be discussed SANTORUM). The Senator has 30 addi- son why but to do or die’’ in the work- in any organized group discussion. I am tional seconds. place. not talking about organized unions: I Mr. WARNER. I thank the Chair. Those days are gone, and today we am talking about just organized group I have met with a number of employ- recognize each human being for their discussion, even if it is initiated by the ees in the context of our hearing and in individual worth: man and woman, ex- employees. One has been the day care private meetings who have told me the perienced worker, inexperienced work- center. We did not have day care cen- actual stories and experiences of those er, young and old. Yet they are hobbled ters in the 1930’s. I am not suggesting I who are participating in plants where by this act that goes back to 1935. All was around and in the work force then, they go ahead, despite the law, and sit we ask is revision of that act. but my parents were. There may have down and talk with their bosses, risk- In almost every industrial plant or been a work or day care center in some ing prosecution by the National Labor workplace in America today, be it plant, but certainly they did not exist Relations Board.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4920 CONGRESSIONAL RECORD — SENATE May 9, 1996 I have met with employees and man- throughout their manufacturing and Government, through increasingly agement from some Virginia compa- engineering processes. common enforcement cases brought by nies which have had great success with Mac McCammon testified at the the National Labor Relations Board, to the team concept. The AMP Corp. hearing which I chaired last month. He make it harder to create competitive which makes electrical connectors described how employee suggestions and safe workplaces. used around the world has a plant in are implemented by employee teams The Clinton administration has rec- Roanoke, VA, is one such example. Em- with only marginal involvement from ognized that employee participation in ployees and management established a management, these suggestion sheets unionized workplaces have brought number of teams to help meet the chal- have been at the heart of the com- enormous gains in productivity and lenge of foreign competition. One team pany’s huge growth over the past 5 safety. President Clinton even re- of workers went with management to years. marked about this fact in his State of another AMP facility, learned a new Unions have said that this bill is bad the Union Address. His thought is cor- stamping process and implemented it for workers: in fact, it is exactly what rect, but it must be applied not just to in Roanoke, creating 20 new jobs to in- employees have been seeking for years. union workplaces. It is time that the 90 crease output made possible by the new All of us know that a job is more satis- percent of nongovernment employees process. fying when you have input into your who have chosen not to unionize be Another team of workers was as- responsibilities and help improve the given similar rights and opportunities. signed the task of comparing AMP’s product or service you help create. To- I am particularly concerned about production processes to foreign com- day’s employees give more than their small businesses most at risk under petitors, a task which management had sweat, they give their minds and their current law. Most small businesses are done by themselves previously. The ability to work together. This bill pro- too small to have classifications like team was better able to see how inven- vides that opportunity. manager and employee—all employees tory levels, technology changes, and In addition, more and more employ- have to act and think like managers. production cycles affected productivity ees receive profit-sharing or bonuses Second, many businesses cannot afford than management had been. As a re- based on the financial performance of to hire labor attorneys to analyze sult, quality and delivery is better, their company, they have a direct every employee-manager interaction. prices are lower, and the company and stake in improving the productivity of Third, the expense of contesting a its employees are more secure. their business. NLRB action is too great a threat to And then there is the issue of em- Last, a third team of AMP, known as many businesses to even think about ployee safety. Employees are the best the community education team, starting employee team programs. experts on what is dangerous in their reaches out to local schools. Through Unions seem to fear that employees workplaces and what are the best solu- this team, AMP has been able to re- able to contribute more to their work- tions. place will be less anxious to unionize. cruit new workers from the Roanoke In the Small Business Committee area with the necessary technology hearing, we heard from Ms. Donna Well, what’s wrong with that? Union- training rather than recruiting out of Gooch, the human resources director of ization works where collective bar- the area. Sunsoft Corp. in Albuquerque, NM. In gaining is necessary to balance the bar- AMP’s experiences have been mir- order to meet increased demand for gaining scale—it is not necessary for rored at other Virginia companies. For their contact lenses, management and most workplaces, and if employees are example, at the TRW plant in south- employees agreed on a 7-day workweek. happier and more productive without a western Virginia in Atkins, VA, one Not only were teams used to meet the union, the Government should not customer, a huge automobile manufac- increased problems with child care and block their wishes. turer, requested that the employees on scheduling, they were essential in In conclusion, the TEAM Act is not a rack and pinion gear production line structuring job tasks to avoid expen- only needed to keep America competi- have a brainstorming session to seek sive ergonomic injuries. Without full tive, it is desperately sought by Amer- ways to improve efficiency. Over 200 employee involvement, none of this ican workers. The world has changed ideas were advanced by employees and, would have been possible. since the 1930’s, and the law must working together with management, My colleagues have explained in de- change as well. nearly 90 percent of these were imple- tail the nuances of current law. My The PRESIDING OFFICER. The Sen- mented. These ideas included every- main point is that most people would ator’s time has expired. thing from standardizing shelving be shocked to learn that current labor CLOTURE MOTION heights to redesigning multiple parts law makes it illegal for employees in The PRESIDING OFFICER. The into one piece. The results have been nonunion workplaces to discuss mat- clerk will report the cloture motion. amazing, with production up one-third ters such as safety, productivity, and The legislative clerk read as follows: per operator and savings of over work schedules with management. Sec- CLOTURE MOTION $100,000 to the customer. tion 8(a)(2) of the National Labor Rela- We, the undersigned Senators, in accord- At R.R. Donnelly, Corp. in Harrison- tions Act, unfortunately, does just ance with the provisions of rule XXII of the burg, VA, the introduction of work that. The NLRA casts a cloud of ille- Standing Rules of the Senate, do hereby teams to supervise various aspects of gality on all types of organized em- move to bring to a close debate on the pending Dole amendment, No. 3960: the production of hardcover books has ployee participation in the workplace. had different results than organized Bob Dole, Orrin Hatch, John Warner, Among the issues which cannot be Trent Lott, Thad Cochran, Slade Gor- labor might have you believe. Rather discussed in any organized fashion— ton, Phil Gramm, Kay Bailey than being an attempt to subvert the cannot be discussed even if initiated by Hutchison, Connie Mack, Strom Thur- employees, Donnelly’s teams have re- the employees—have been day care, mond, Dan Coats, Craig Thomas, Dirk sulted in an increase of over 50 percent softball teams, an employee lounge, Kempthorne, Jesse Helms, Bob Smith, in production jobs and a decrease of 33 structuring of employee evaluations, Jim Jeffords. percent in management positions. vacations, rules on fighting among em- VOTE These statistics should not be sur- ployees, dress codes, parking regula- The PRESIDING OFFICER. The prising because what teams do, in ef- tions, smoking policies, and safety la- question is, Is it the sense of the Sen- fect, is to make the employees into beling. ate that the debate on amendment No. managers of their operations. Now of course it would be perfectly 3960 be brought to a close? The yeas I am certain there are numerous legal for the employer to dictate from and nays are required. The clerk will other such examples from around Vir- on high how employees must be regu- call the roll. ginia, but the last I would like to men- lated. Isn’t it clear that work produc- The bill clerk called the roll. tion is Universal Dynamics in tivity would be higher, that worker Mr. FORD. I announce that the Sen- Woodbridge, VA, just south of the belt- happiness would be better, if the em- ator from New Jersey [Mr. BRADLEY] way on I–95. UNA–DYN, as it is known, ployees had a voice in these matters? and the Senator from West Virginia manufacturers industrial dehumidifiers This cloud caused by the current law [Mr. ROCKEFELLER] are necessary ab- and has implemented the team concept must be lifted. This is no time for our sent.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4921 I also announce that the Senator measure that will help protect our Na- what information to release, and how from Vermont [Mr. LEAHY] is absent tion’s children from sexual predators. to best inform the community. due to death in the family. By a vote of 418 to 0, the House Parents have a right to know that The PRESIDING OFFICER (Mr. passed legislation, known as Megan’s their children are in danger, that the ABRAHAM). Are there any other Sen- law, that strengthens existing law to person living next door to them, or ators in the Chamber desiring to vote? require all 50 States to notify commu- down the street is a convicted sexual The yeas and nays resulted—yeas 52, nities of the presence of convicted sex predator. The need for this notification nays 44, as follows: offenders who might pose a danger to was tragically illustrated in the case of [Rollcall Vote No. 111 Leg.] children. Megan Kanka, for whom the law before YEAS—52 In 1994, the crime bill allowed but did us today is named. Two years ago, not require States to take such steps. Abraham Gorton McConnell Megan was allegedly raped and mur- Ashcroft Gramm Murkowski And since that time, 49 States have en- dered by a man who lived across the Bennett Grams Nickles acted sex offender registration laws, street from her, a man who twice be- Bond Grassley Pressler and 30 States have adopted community fore had been convicted of being a sex- Brown Gregg Roth Burns Hatch notification provisions. ual predator, and who lived with two Santorum But not all States have taken the Chafee Hatfield Shelby house mates who were themselves sex- Coats Helms Simpson necessary steps to require such notifi- ual predators. Megan’s parents did not Cochran Hutchison Smith cation, and this is a tragedy in the Cohen Inhofe know this. If they had, they could have Snowe Coverdell Jeffords making. advised their daughter not to accept Specter Craig Kassebaum For once, let us prevent a tragedy in- her neighbor’s invitation to come into D’Amato Kempthorne Stevens stead of waiting for some other horrific Thomas his house to see a puppy. DeWine Kyl crime and then taking action. We Dole Lott Thompson Mr. DOLE. I ask unanimous consent Domenici Lugar Thurmond should pass this law now. the bill be deemed read a third time, Faircloth Mack Warner How can we hesitate one moment? passed, the motion to reconsider be Frist McCain Every parent in America knows the laid upon the table, and any state- NAYS—44 fear, the doubts, he or she suffers wor- ments in the bill be printed at the ap- Akaka Feingold Lieberman rying about the safety of his or her propriate place in the RECORD. Baucus Feinstein Mikulski children. Parents understand that their The PRESIDING OFFICER. Without Biden Ford Moseley-Braun children cannot know how truly evil objection, it is so ordered. Bingaman Graham Moynihan some people are. They know that no Boxer Harkin The bill (H.R. 2137) was deemed read Murray matter how hard they try, they cannot Breaux Heflin Nunn three times and passed. Bryan Hollings Pell be with their children every second of Mr. DOLE. I think, just for the infor- Bumpers Inouye Pryor the day. Byrd Johnston mation of my colleagues, this bill just Reid Campbell Kennedy And a second is all it takes for trag- passed is commonly referred to as Robb Conrad Kerrey edy to strike. Sarbanes Megan’s law. Daschle Kerry We have an obligation to ensure that Simon Dodd Kohl those who have committed such crimes f Dorgan Lautenberg Wellstone Exon Levin Wyden will not be able to do so again. This is WHITE HOUSE TRAVEL OFFICE a limited measure, but an absolutely LEGISLATION NOT VOTING—4 necessary one. The Senate continued with the con- Bradley Leahy Mr. GORTON. Mr. President, we will Glenn Rockefeller sideration of the bill. act tonight on Megan’s law, which The PRESIDING OFFICER. On this strengthens and improves a good law, AMENDMENT NO. 3960 WITHDRAWN vote the yeas are 52, the nays are 44. and provides families with needed pro- Mr. DOLE. Mr. President, I withdraw Three-fifths of the Senators duly cho- tection against the most heinous of my amendment No. 3960. sen and sworn not having voted in the crimes. Although Megan’s law will not The PRESIDING OFFICER. Without affirmative, the motion is rejected. affect my State of Washington, which objection, it is so ordered. Mr. LOTT. Mr. President, I suggest should, and does serve as a model for The amendment (No. 3960) was with- the absence of a quorum. other States around the country, it drawn. The PRESIDING OFFICER. The will assist those States that, for what- AMENDMENT NO. 3961 TO AMENDMENT NO. 3955 clerk will call the roll. ever reason, have been slower to act or Mr. DOLE. Mr. President, I now send The bill clerk proceeded to call the more timorous in their fight against an amendment to the desk and ask for roll. crime. its immediate consideration. Mr. DOLE. Mr. President, I ask unan- In 1994, Congress passed the Violent The PRESIDING OFFICER. The imous consent that the order for the Crime Control and Law Enforcement clerk will report. quorum call be rescinded. Act. The act contained a number of The bill clerk read as follows: The PRESIDING OFFICER. Without good provisions, perhaps the one I The Senator from Kansas [Mr. DOLE], for objection, it is so ordered. cared about most was the provision himself and Mr. ROTH, proposes an amend- f calling for the registration of sexual ment numbered 3961 to amendment No. 3955 offenders and community notification. to the instructions of the motion to refer MEGAN’S LAW Most States have already implemented H.R. 2937. Mr. DOLE. Mr. President, I ask unan- systems to require people who abduct Mr. DOLE. Mr. President, I ask unanimous consent the Senate proceed to children, or who commit sexual crimes, imous consent that reading of the the immediate consideration of Cal- to register their addresses with State amendment be dispensed with. endar No. 393, H.R. 2137. or local law enforcement officials. The The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without provision in the 1994 act, however, was objection, it is so ordered. objection, it is so ordered. not as tough as I would have liked. The (The text of the amendment is print- The clerk will report. Act permitted State and local law ened in today’s RECORD under ‘‘Amend- The bill clerk read as follows: forcement to notify communities that ments Submitted.’’) A bill (H.R. 2137) to amend the Violent there was a sexual predator in their f Crime Control and Law Enforcement Act of midst, but it did not require this notifi- 1994 to require the release of relevant infor- cation. We are back now to improve CLOTURE MOTION mation to protect the public from sexually upon that law by requiring community Mr. DOLE. I send a cloture motion to violent offenders. notification. Even with this mandate, the desk. The Senate proceeded to consider the however, State and local law enforce- The PRESIDING OFFICER. The clo- bill. ment officials, still will retain the sub- ture motion having been presented Mr. DOLE. Mr. President, Tuesday stantial discretion to determine when under rule XXII, the Chair directs the night the House passed an important community notification is called for, clerk to read the motion.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4922 CONGRESSIONAL RECORD — SENATE May 9, 1996 The bill clerk read as follows: LOTT, in response to the request of the But I now have statements from bus CLOTURE MOTION President, his bipartisan appeal yester- and trucking groups who say they We, the undersigned Senators, in accord- day, and the letter from the Secretary would pass along the savings from the ance with the provisions of rule XXII of the of the Treasury, we have offered that repeal to their customers in the form Standing Rules of the Senate, do hereby as a way to pay for the repeal of the of lower travel costs. And I also have a move to bring to a close debate on the Dole gas tax. statement from ARCO and Exxon and amendment, No. 3961: I ask unanimous consent to have the others. Bob Dole, Trent Lott, Craig Thomas, letter from the President and the letter I ask unanimous consent all these Larry E. Craig, R.F. Bennett, Mark from the Secretary printed at this Hatfield, Ben N. Campbell, Spencer statements be printed in the RECORD. Abraham, Nancy Landon Kassebaum, point in the RECORD. There being no objection, the mate- Don Nickles, Chuck Grassley, Conrad There being no objection, the letters rial was ordered to be printed in the Burns, John Ashcroft, Jim Inhofe, P. were ordered to be printed in the RECORD, as follows: Gramm, W.V. Roth, Jr. RECORD, as follows: ARCO, Mr. DOLE. Mr. President, for the in- THE WHITE HOUSE, Los Angeles, CA, May 9, 1996. formation all Senators, this cloture Washington, DC, April 24, 1996. ARCO WILL IMMEDIATELY REDUCE TOTAL vote on my new amendment, which Hon. BOB DOLE, Majority Leader, GASOLINE PRICE IF 4.3-CENT FEDERAL GASO- contains only the gas tax bill, will U.S. Senate, Washington, DC. LINE TAX IS ELIMINATED DEAR MR. LEADER: The Congress has before occur on Tuesday, May 14. I will con- LOS ANGELES.—ARCO Chairman and CEO it a proposal from the Administration that sult with the Democratic leader prior Mike R. Bowlin said today that ‘‘if the fed- would restore the Savings Association Insur- eral government reduces the gasoline excise to setting the next cloture vote. ance Fund to full health and assure that in- Let me explain precisely what this tax by 4.3 cents per gallon, ARCO will imme- terest payments on the so-called FICO bonds diately reduce its total price at its company- amendment contains. My Democratic continue uninterrupted. With the enactment operated stations and to its dealers by 4.3 colleagues have just blocked repeal of of this legislation, we could all take pride in cents per gallon.’’ the 4.3-cent gas tax. They blocked an achieving a resolution of the last remaining The ARCO chairman said in an interview increase also in the minimum wage. So consequences of the thrift industry’s prob- on ABC’s ‘‘Nightline’’ broadcast on May 7, I have laid down another amendment lems of the 1980’s. Moreover, we can do so that he had ‘‘simply been cautioning that without imposing additional costs on Amer- to repeal the gas tax. This amendment ARCO is not able to accurately predict in- ican Taxpayers. dustry behavior, cannot legally control its contains additional funding that com- This necessary proposal will protect tax- pletely offsets the cost of the repeal. dealers’ pricing, and that other factors may payers, who have already paid over $125 bil- influence changes in overall market prices. The amendment raises $4.1 billion in lion to assure that no insured depositor suf- All other things being equal, we would ex- fiscal 1996 and by adopting provisions fered any loss as the result of these prob- pect the price of gasoline to fall 4.3 cents per the President and Secretary Rubin lems. I believe this legislation has broad bi- gallon.’’ have specifically asked for. I have their partisan support, and I urge the Leadership An ARCO spokesman said that ARCO has a to consider immediate Congressional action. letters here for the RECORD. The proud tradition of acting responsibly in its Sincerely, gasoline pricing decisions in times of na- amendment will also help avert an- BILL CLINTON. other savings and loan crisis. This is tional upsets. He noted that during the Gulf War crisis in 1990, ARCO had been a leader in the so-called BIF–SAIF provision. DEPARTMENT OF THE TREASURY, announcing that it would freeze gasoline Washington, DC, May 7, 1996. In the spirit—I have thought about prices. Eventually, that led to a situation Hon. ROBERT DOLE, Majority Leader, it—in the spirit of the President’s press where ARCO was unable to meet demand for U.S. Senate, Washington, DC. conference yesterday asking for co- its gasoline and was forced to raise prices in DEAR BOB: I am writing to you in further- operation, I have decided to offer the line with market conditions in order to pre- ance of the President’s letter of April 24, vent its dealers from running out of gasoline. gas tax repeal, which he said he would 1996. As the President explained, it is a mat- The ARCO spokesman said that ‘‘gasoline sign, and pay for it with a measure ter of great national importance to enact prices have increased some 20 to 30 cents per that he wants desperately. In fact, on legislation that would restore the Savings gallon over the last few months. Obviously April 14 he said that there is a proposal Association Insurance Fund (SAIF) to full no one can promise that even though the health and assure that interest payments on before Congress from the administra- marginal cost of gasoline is reduced by a 4.3 the FICO bonds continue uninterrupted. The tion to: cents per gallon tax reduction on a given Congress has before it a proposal from the . . . restore the Savings Association Insur- day, some other factors may not simulta- Administration that would accomplish these ance Fund to full health and assure that in- neously influence the market price of gaso- ends. As the Administration has consistently terest payments on the so-called FICO bonds line.’’ urged, the SAIF legislation should receive continue uninterrupted. With the enactment ARCO chairman Bowlin said: ‘‘What we immediate action. Moreover, we believe that of this legislation, we could all take pride in can say is that ARCO will immediately re- the SAIF legislation would be a suitable achieving a resolution of the last remaining duce the total price of gasoline at our com- means to help pay for other appropriate leg- consequences of the thrift industry’s prob- pany-operated stations and to our dealers by islation. lems of the 1980’s. Moreover, we can do this 4.3 cents per gallon. I can also tell you that Sincerely, without imposing additional costs on Amer- our internal forecasts suggest that gasoline ROBERT E. RUBIN. ican taxpayers. prices are headed lower. We believe that the This necessary proposal will protect tax- Mr. DOLE. So, I would say hopefully vast majority of responsible economists payers, who have already paid over $125 bil- on Tuesday, then, we can obtain clo- would say that a reduction in excise taxes lion to assure that no insured depositor suf- ture. Then we will decide how to deal would be passed through about penny-per- fered any loss as a result of these problems. with the TEAM Act and minimum penny at the pump.’’ I am accommodating the President’s wage. They are still floating around request. I know some of the bankers out there, or will be. We are still pre- EXXON COMMENT CONCERNING POTENTIAL MARKET IMPACT OF CHANGE IN FEDERAL and others may not be totally satisfied pared, I think, as Senator LOTT has had MOTOR FUEL EXCISE TAX with this, but I suggest they call area a couple of meetings today, to pick a code 202–456–1414. time certain, sometime in June—or Pricing decisions are based on competitive I also will have printed in the market conditions in each of our markets. maybe, if we can, do it before the re- Exxon cannot predict future prices. RECORD a letter from Secretary Rubin cess—to take up those questions. The marketplace decides what the price of received just yesterday, pleading with There has also been a question gasoline will be. If the federal excise tax on us to move on this legislation which is raised. I have written a letter to the gasoline is rolled back as proposed, we be- important. Underscoring the impor- Senator from North Dakota, Senator lieve the very competitive market will result tance of the legislation, it would ‘‘re- DORGAN, to see if he had any sugges- in a gasoline price that is 4.3 cents less than store the Savings Association Insur- tion, because he was concerned if we it would have been without the rollback, but ance Fund.’’ They said we have had it did repeal the gas tax it would not we don’t know what the absolute price will before us for some time and they have reach the consumers. I was asked in a be. Retail gasoline prices at most Exxon serv- ‘‘consistently urged the SAIF legisla- press conference yesterday about a ice stations (about 7,900 of the approximately tion should receive immediate action.’’ statement by ARCO, Atlantic Richfield 8,300 Exxon branded outlets in the nation) Again in response, and I discussed Co., that maybe they would not be are established by the independent dealers this with my assistant leader, Senator passed on to consumers. and distributors who operate them. Exxon is

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prohibited by law from dictating the price forts to repeal the 4.3 cents fuel tax that AIR TRANSPORT ASSOCIATION, that its dealers and distributors charge their goes into the general fund. The American Washington, DC, May 8, 1996. customers at the retail level. Trucking Associations represents an indus- Hon. ROBERT DOLE, Retail prices at the approximately 400 out- try composed of small businesses with an av- Senate Majority Leader, lets operated directly by the company also erage profit of 1.5 cents on a dollar of rev- U.S. Senate, Washington, DC. are set in response to competitive factors in enue. The current spiraling fuel prices are DEAR MR. LEADER: We have been asked the markets in which they compete. putting many of our small companies in a whether the reduction in the 4.3 cents-per- Competitive factors include, among others, precarious financial position. gallon transportation fuels tax will result in the supply of gasoline, consumers’ demand I was relieved to hear the representative of lower air fares to consumers. As you know, for gasoline, crude oil costs, state and fed- the service station industry testify that they the Air Transport Association has no role in eral excise taxes, and the cost of complying will pass along tax savings to their cus- the setting of air fares. Moreover, we do not with environmental regulations. tomers. We have heard similar statements suggest or take any action which may result from the major oil companies. in our member carriers adjusting fares in a coordinated manner. However, notwith- CHEVRON RESPONSE TO GASOLINE TAX I am confident that, after covering the cost DECREASE standing those limits, I would like to address of rising fuel prices, the savings will be your inquiry. In response to many comments in the press passed on to our customers and consumers First, we know that a decrease in the 4.3 and from customers concerning possible oil because we are a highly competitive industry cents-per-gallon tax will be reflected in the company actions in the event of a decrease with over 350,000 interstate trucking compa- price airlines pay for fuel. Our members pur- in the federal gasoline tax, a Chevron nies. chase fuel from vendors, in large measure, spokesman said the following: Thank you for the opportunity to expand through a competitive bidding process. The Any decrease in the federal gasoline tax upon my comments. Please call me if I can 4.3 cents-per-gallon tax is thus added to the would be immediately reflected in the prices be of further assistance. price bid by the vendors. Therefore, once the Chevron charges to motorists at our 600 com- Sincerely, tax is eliminated, we are confident that the pany-operated stations in the U.S. through THOMAS J. DONOHUE, industry’s fuel costs will be reduced. reductions which, on average, would equal President and Secondly, because of the competitive na- the amount of the tax decrease. We also sep- Chief Executive Officer. ture of the airline business, carriers contin- arately collect these taxes from our thou- ually try to keep their prices as low as pos- sands of Chevron dealers and jobbers sible. The 4.3 cents-per-gallon tax has in- throughout the U.S. and we would imme- AMERICAN BUS ASSOCIATION, Washington, DC, May 7, 1996. creased carrier costs, thereby putting pres- diately reduce our collections from these sure on carriers’ operating margins. Elimi- Hon. BOB DOLE, dealers and jobbers by the amount of the tax nating the tax will remove one of the cost decrease. However, these Chevron dealers Majority Leader, U.S. Senate, Washington, DC. pressures which individual carriers must and jobbers are independent businessmen and consider in setting their respective air fares. women who independently set their own DEAR SENATOR DOLE: On behalf of the Thus, if operating costs go down, there will pump prices at the more than 7,000 Chevron American Bus Association, I want to thank be one less cost which needs to be factored stations they operate. you once again for your proposal to repeal into air carrier fares. Many factors influence gasoline prices the 4.3 cents per gallon deficit reduction fuel Inevitably, tax changes manifest them- which are set by competition in the market- tax. We fully support your efforts in this re- selves in the costs of doing business which place. It is impossible to predict where gaso- gard. will ultimately impact the prices airlines line prices may stand in absolute terms at We want to assure you that any benefits as charge. any time in the future. However, if these a result of a tax repeal will accrue to the Mr. Leader, I hope that this response to taxes are reduced, it is logical in a free mar- consumer, in our case, the intercity bus pas- your inquiry will be helpful. Please let me ket economy that overall prices will in the senger. know if there is further information we can future be lower for our customers than they With all our best wishes. provide. otherwise would have been by the amount of Sincerely, Sincerely, the tax decrease. SUSAN PERRY, CAROL B. HALLETT, Senior Vice President, President and TEXACO INC., Government Relations. Chief Executive Officer. White Plains NY, May 3, 1996. Mr. DOLE. The point being they are Response to media inquiries: ASSOCIATION OF AMERICAN RAILROADS, going to pass the savings on to con- Re Gasoline tax debate. Washington, DC, May 9, 1996. sumers. Maybe in some cases, out of Question. If the 1993 federal gasoline tax Hon. BOB DOLE, millions and millions of transactions, increase of 4.3 cents per gallon is repealed, Majority Leader, U.S. Senate, it may not happen, but that is the in- what would Texaco do regarding prices at Washington, DC. the pump? tent of all those who will be in the DEAR MAJORITY LEADER DOLE: On behalf of Answer. For the approximately 15 percent process. I think those letters might be the Association of American Railroads of the Texaco service stations where we set helpful to some, such as Senator DOR- (AAR), I write to advise that customers the pump prices, all things beings equal, re- should benefit from the elimination of the 4.3 GAN, who does have legitimate ques- peal of the 4.3 cents per gallon tax would re- cents-per-gallon deficit reduction fuel tax tions. We want to respond to those duce the pump prices accordingly. imposed in 1993. Some adjustments or ‘‘hold questions. If he has a better idea than For the 85 percent of the Texaco stations downs’’ may be automatic given cost adjust- our amendment, which is a credit, we owned or operated by individual business ment factors in rail contracts. people, Texaco is precluded by law from set- will be happy to consider it. ting pump prices. Nevertheless, for the in- Competition among the freight transpor- So I would just say it seems to me we dustry generally, we believe lower taxes will tation modes is intense. As a result, the have now, sort of, on this single issue— result in lower gasoline prices for consumers. freight railroads are constantly improving if you want to vote for lower gas prices Retail gasoline pump prices are highly service to shippers and offering competitive then you vote for cloture on Tuesday. competitive and the prices at individual sta- rates. In fact, rail freight rates have declined If you want to vote for lower travel tions are determined by the competitive en- by 22 percent since 1981 in current dollars and by 51% in inflation-adjusted dollars. costs, lower inflation, better job pro- vironment in which that station does busi- tection for employees in the transpor- AAR supports your efforts to eliminate the ness. tation industry, this will be an oppor- The repeal of the 1993 4.3 cents per gallon 4.3 cents-per-gallon deficit reduction fuel federal gasoline tax would reduce the aver- tax. AAR also urges you to repeal the addi- tunity. It is something the President age nationwide state and federal tax on gaso- tional 1.25 cents-per-gallon deficit reduction said yesterday in a press conference he line from 42.4 cents to 38.1 cents per gallon. tax resulting from the 1993 Budget Reconcili- would sign. We have now complied with ANTHONY J. SAGGESE, Jr., ation Act which is paid exclusively by the the President’s request and the Treas- General Tax Attorney. railroad industry. The inequity in current ury’s request that we pass BIF–SAIF. law should be remedied so that the railroad That is part of this amendment. It AMERICAN TRUCKING industry will no longer be required to pay seems to me it is almost—it could have more for deficit reduction than its competi- ASSOCIATIONS, INC., come from the White House. We are Alexandria, VA, May 7, 1996. tors. pleased to accommodate the White Hon. ROBERT DOLE, We appreciate your leadership on this im- Majority Leader, U.S. Senate, portant issue. House when we can. Washington, DC. Sincerely, Mr. President, I suggest the absence DEAR SENATOR DOLE: It was my pleasure to EDWIN L. HARPER, of a quorum. appear before the Senate Finance Committee President and The PRESIDING OFFICER (Mr. BEN- on May 3rd and testify in support of your ef- Chief Executive Officer. NETT). The clerk will call the roll.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4924 CONGRESSIONAL RECORD — SENATE May 9, 1996 The legislative clerk proceeded to I can identify with that. I can ity and safety and workplace environ- call the roll. empathize with Senator DOLE’s query ment and all of the issues that cer- Mr. DASCHLE. Mr. President, I ask in March 1993. I, second, appreciate his tainly would come up in the normal unanimous consent that the order for question because, ironically and coinci- discourse between employers and em- the quorum call be rescinded. dentally, we find ourselves in virtually ployees. The PRESIDING OFFICER. Without the same situation. I say ‘‘virtually’’ Mr. President, 95 percent of all large objection, it is so ordered. because here it says, he asks, ‘‘Is there Mr. DASCHLE. Mr. President, I have going to be a free and open debate on businesses have team arrangements just been informed of the majority the amendments, or are you going to today—95 percent, according to the De- leader’s most recent proposal. I think determine which amendments can be partment of Labor. Mr. President, 75 it is fair to say that it is more of the offered?’’ In our case, that has already percent of small businesses have team same. It is similar to many of the other been determined. There are no amend- arrangements with their employees proposals we have been presented with ments to be offered. There is no oppor- today and in workplaces everywhere all over the last several weeks. Obviously, tunity for the Democratic side to even these issues are discussed. Let there be it is unacceptable. address the issue of amendments, be- no doubt, those discussions, that dia- We have indicated our desire to have cause we have been precluded from log, those relationships, are already a vote on the gas tax. We would be pre- working. That is not the issue. pared to accept that. But we would also doing so. We are farther off the mark obviously feel the need to have the now than we were even back in March The second point, what I think a lot same vote on the minimum wage. Of 1993. of employees are very concerned about, Mr. President, regrettably, we end course, the majority leader has now in- is that oftentimes there are situations this week with the realization that we dicated his desire to bring up the so- that arise where an employer says, have not resolved the matter. We want called TEAM Act. We would be pre- very much to have a vote on the gaso- ‘‘You, you and you are now selected to pared to have a vote on that. But they represent all of you. You are the ones are connected, unfortunately, the way line tax reduction. While there are very strong reservations expressed through- who are going to be in the room as we the majority leader has proposed them. make the decisions involving all the If we could get a vote on minimum out our caucus, some of those reservations can be addressed if we can ade- employees. That is the way it is going wage, we would be more than happy to be. I do not care whether there are then to have a vote on the gasoline tax quately address the question of who any elections. I do not care whether reduction. will benefit, if we can adequately ad- As I understand it, the majority lead- dress the question of what kind of an there was any discussion about whether has proposed a new offset that will offset we will have. er these three people are representative take care of the point of order. The Maybe BIF–SAIF provides an ade- of all the work force. That is the way BIF–SAIF is an issue that has to be re- quate numerical offset, but there are it will be. Take it or leave it. Accept it solved. We recognize that. But I am not very fundamental questions of policy or find another job.’’ we ought to be addressing, as well, and sure that we do it justice simply to use Our view is, if that situation devel- whether or not we can do that under it as a convenient offset, in this case ops, there ought to be some consulta- these circumstances, I think is very for a gasoline tax reduction amend- tion with other employees, and there ment that may or may not go to the questionable. For that reason, too, I am concerned about whether BIF–SAIF ought to be some understanding that if consumer, first of all, and that, second, it will affect the entire work force, the may or may not require the entire is an appropriate vehicle, at least workers themselves should have some amount that BIF–SAIF will provide. under these circumstances. But the real issue is, should we have Mr. President, we will not support opportunity to select who it is that a good debate, a good discussion about cloture. We will oppose the vote when will be their spokesperson. That is the BIF–SAIF issue in and of itself? it is presented next week. what we are trying to do here: To find Should we analyze whether or not this Mr. President, let me also address a way to ensure that if there is going is the right approach? Is this exactly the issue that has been addressed by so to be a representative organization, the right formulation for BIF–SAIF? many of our colleagues on the other that the employees have some oppor- Those are issues we ought to discuss. side today with regard to the so-called tunity to articulate and select the peo- I have not seen the BIF–SAIF pro- TEAM Act. I listened with great inter- ple that will make the decisions for posal the majority leader referred to. It est on several occasions this afternoon them. may be perfectly fine. To be buried in as I was in and out of my office to the The third point: Current Federal law an agreement involving an offset for remarks made by so many of our col- is affected, of course, by court deci- the gasoline tax reduction, in my view, leagues. This is not the time nor is it does not do justice to the entire issue necessarily the most appropriate way sions. Court decisions, in some cases, of BIF–SAIF, nor does it satisfy all of with which to address all of the issues have clearly obfuscated the interpreta- the difficulties that we have, of course, raised. I do not intend to do so tonight. tion of current law. It is our view, with the gasoline tax reduction itself. I do want to make four points. First clearly, that there needs to be legisla- We still must address the issue, who of all, it has been said over and over on tion to address the lack of clarity gets the benefit? Will it go to the con- the floor—in my view, quite erro- today about what employers and em- sumer? Will we have the opportunity to neously—that today businesses are pre- ployees can and cannot do. On that, ensure that it is not the oil companies vented from discussing issues ranging there is no doubt. We acknowledge that benefit but the consumer? Can we from safety, workplace conditions, and that. We support it. We want legisla- offer amendments in that regard? all the other issues that may come up tion to address the need for clarifica- I know our words sometimes come in a working environment in any com- tion. We will offer legislation to ensure back to haunt us. I am sure in many pany today. Mr. President, that is ab- that happens, that we clarify what the cases mine have and will. But I was cu- solutely untrue. Untrue. arrangements can be and all of the cir- rious and very interested in a comment I hope everybody will go back and cumstances involving the workplace made by then-Republican leader BOB look very carefully at what has been that need to be addressed, in a reason- DOLE in 1993. This is taken from the said. In many cases—I am sure not pur- able way. RECORD on page 3934, dated March 29: posely—there has been a significant I guess the thing I need to resolve is level of misstatement today regarding So, clarification, yes. Opportunities whether or not there is going to be any flexi- prohibitions on employers that has to to encourage teamwork, yes. Ways bility or whether everything is going to be be corrected in the RECORD and will be with which to make an employment under the total control of the distinguished corrected as we get into this issue environment more effective, yes. We chairman of the committee. Is there going to can do that. That ought to be a bipar- be free and open debate on the amendments, again next week. or are you going to determine which amend- Employers today are given many op- tisan effort. We ought to find ways ments can be offered? We cannot accept that portunities—in fact, are using all op- with which to work together to ensure on this side. portunities—to discuss issues of qual- that happens.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4925 The fourth point, Mr. President, if we cents out of the general budget. That ward. That is what the leader has done are, indeed, interested in paycheck se- has been addressed here. Majority with this proposal—get the issue that curity, health security, pension secu- Leader DOLE’s proposal would repeal everybody says they are for out there rity, the workers themselves ought to the gas tax, and it would be offset by where we can debate it and vote on it. have an opportunity to determine what BIF–SAIF. Some people may not par- So I think we need to make it clear that means and how they can empower ticularly like that offset, but it is an that we are strictly playing by the themselves more effectively. If that is offset that the Budget Committee put rules. going to happen, we want to protect in the budget resolution. I might note that when the Senator the rights we have established over the It is something that I believe the from Massachusetts, who is here on the last 60 years for workers to organize Banking Committee worked on and floor now, offered his minimum wage themselves. It is just not right to set something the President has indicated amendment, I believe he almost imme- up rump organizations where employ- he has wanted, and something the Sec- diately sent down a cloture motion to ers are negotiating with themselves, retary of Treasury has written letters the desk on that. At least, I believe therefore denying paycheck security, seeking. So this is a good way to begin that is true. Is that not correct? denying people the opportunity to grow to unravel the situation we are in now, Mr. KENNEDY. I will wait for rec- in this economy along with everybody parliamentarily. ognition to speak. But the Senator is else, the opportunity to have meaning- Next week, we will have a vote di- inaccurate in that characterization, as ful health security, the opportunity to rectly on the gas tax repeal, unless it is the Senator was when he talked about have good pensions. delayed and filibustered by the Demo- Senator Mitchell filling out the tree. That is what collective bargaining is crats. The choice is real simple. If you Mr. LOTT. Did the Senator send a all about. That has worked in this want the gas tax repeal and want it to cloture motion to the desk on that? Mr. KENNEDY. After we were denied country and other countries, collective be paid for, this does that. This is a fair the opportunity for an up-or-down bargaining where we can ensure some solution to this problem. So I urge my friends on the other vote. opportunities to workers to enjoy the Mr. LOTT. But he did send a cloture side of the aisle to look at what the fruits of the success of a given com- motion up to limit debate on that majority leader has proposed. Let us do pany. issue, is that correct? Mr. President, we will get into this a this gas tax vote, and then we can Mr. KENNEDY. The Senator can lot more next week. I do believe there move forward in trying to find a proper characterize my position in any way has been a lot of misinformation. solution to the other items that are that he likes to. It is a routine proce- Again, I do not accuse anybody of pur- pending. dure around here. posefully misinforming, but I have We have no problem with trying to Mr. LOTT. That is the point I am never seen so much misinformation as develop an amendment that might fur- trying to make. I have seen this afternoon on any one ther guarantee that the consumers get Mr. KENNEDY. I will wait until I can issue. the benefit of this gas tax repeal. On be recognized in my own right, and I We will have more opportunities to behalf of the leader, I have talked to will address the Senate then. clarify it, more opportunities to work Senator DASCHLE and to Senator DOR- Mr. LOTT. That is my point. That on it and, hopefully, to work together. GAN, who has been working on this and, happens around here. Cloture motions I know a lot of our colleagues on both great, we welcome any additional ideas are not unusual. Second-degree amend- sides of the aisle would like to see you have. We want to make sure that ments are not unusual. So we are more of a cooperative spirit and more happens. We are satisfied that the leg- strictly playing by the rules, and we opportunities for comity, and maybe islation we have takes care of that. would not have it any other way. I ap- this will lend itself to that in the end. Now people are coming forward in writ- preciate the cooperation, frankly, that I yield the floor. ing and saying that they will make we get from the Democratic leader. We Mr. LOTT addressed the Chair. sure that the consumers get this 4.3- have been working together for the last The PRESIDING OFFICER. The Sen- cent gas tax repeal. But I think that 2, 3 days to try to find a good solution ator from Mississippi is recognized. the leader would be open to some rea- to how we vote on these issues. Mr. LOTT. Mr. President, if I could sonable recommendations in that area. Now, with regard to the TEAM Act, I respond to some of the remarks by the Now, it has been suggested that we want to make a couple of points, again, distinguished Democratic leader. We have not been having free and open de- on why we are advancing this legisla- continue to talk and work to see if we bate here. I cannot believe that. That tion and what it does. I call it freedom can find a way to move these issues is about all we have had. We have not in the workplace, not the TEAM Act, forward in an understandable and fair been able to get votes because it has because most folks do not realize what way. We have somewhat of a Gordian been blocked by a variety of delaying that is. We would like for employees knot. We are trying to find a way to tactics—points of order, filibusters, if and employers to be able to work to- untie that and move forward. That is you will—but that is the Senate. We gether, to have teams in the workplace what the leader has done here today. have had free and open debate. We have in order to promote safety and greater Many of the leaders in the Demo- been able to have this discussion dur- productivity. There are all kinds of cratic Party have indicated they want ing the past couple of days. In fact, in benefits that will come from that. to vote for the gas tax repeal. The the past couple of weeks, on the min- Why, then, are we pushing this? Be- President indicated that he would sign imum wage, on the freedom in the cause the point has been made that, that. And so the majority leader has workplace, the TEAM Act, and the gas well, this is already occurring. Some set up a situation here where the pend- tax, there has been plenty of talk. 30,000 companies, maybe, have some ing business is a clear, direct vote on So I want to address something I sort of team arrangements. There is a repealing the gas tax of 4.3 cents a gal- have heard two or three times today. good reason for it. The National Labor lon, which was voted in in 1993. And We are clearly acting within the rules. Relations Board, in some of its rulings, that money has been going into the We are not setting any new precedents and the courts, have been putting a General Treasury, not the highway here. I can remember when the major- chill on these relationships. They are trust fund for highway and bridge im- ity leader was Senator Mitchell from beginning to stop them. There was one provements. He has set it up so that we Maine. I remember him offering sec- court decision that said when an em- can address the issues. Everybody says ond-degree amendments to block our ployee notified the employer that there they want to address this in a fair way. amendments. I remember him filling was a problem with one of the elec- It is not connected to the TEAM Act or up the tree so that we could not offer trical devices, that was ruled to be im- connected to minimum wage. It is the our amendments. This is nothing un- proper under the current laws. So there gas tax repeal, pure and simple. precedented here. We are clearly with- needs to be some clarification of this. Earlier today, there had been objec- in the rules. As a matter of fact, the President in- tion to considering this issue because a I remind my colleagues that we are dicated he thought this was a good appoint of order was made that the offset in the majority. We have some respon- proach. In his State of the Union Ad- did not cover the cost of taking this 4.3 sibility to try to move the agenda for- dress earlier this year, he said, ‘‘When

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4926 CONGRESSIONAL RECORD — SENATE May 9, 1996 companies and workers work as a that by then, public broadcasting revenue. My draft legislation would team, they do better, and so does would no longer need a reauthoriza- give public broadcasting enhanced un- America.’’ tion, but would have the resources to derwriting authority—enough to draw So, that is what we are trying to do thrive on its own. in new corporate sponsors but not too here. This bill simply amends the Fed- Last year we began a very worth- far to undermine the noncommercial eral laws to make it clear that employ- while debate about the future direction integrity of public broadcasting. The ers and employees may meet together of public broadcasting. Survival was draft also would allow public broad- in committee, or other employee in- never a real issue. I believe public casting stations to use overlapping sta- volvement programs, to address issues broadcasting will do more than just tion capacity to generate revenue. of mutual concern, such as quality, survive—it will thrive. Public broad- These proposals would allow some productivity, and efficiency. So it ex- casting is a success story still being stations to benefit. However, if all of pressly says, also, that they cannot en- written. I am confident of this. Public public broadcasting is to thrive, espe- gage in collective bargaining. It ex- broadcasting offers a quality product cially smaller stations such as in pressly forbids company unions and supported by quality individuals who South Dakota, North Dakota, and sham unions. It simply lets workers care about what people, especially Montana, we need to bring the best and employers try to work as a team. young people, see or hear on television people in finance, government and I am amazed that there is such con- and radio. broadcasting together to chart a course cern about this. But my attitude on It was in part due to my confidence for independence. To do this, the draft that, also, is that if there are some in public broadcasting that I proposed proposes creation of a Commission on amendments that can be offered on last year to put public broadcasting on Public Broadcasting Empowerment. This commission would have 2 years to that and we can debate it and have a glide path to independence from submit recommendations to Congress votes, if they pass, fine, and if they do Washington—independent from Con- that would: foster long-term funding not, fine. But this is something we gress and independent from the Cor- for public broadcasting that would not ought to move on. poration for Public Broadcasting. I compromise its essential noncommer- One other point, in terms of trying to support public broadcasting. Yet, I’ve never quite understood the logic of the cial nature; improve economic effi- block people or limit the free expres- ciencies within public broadcasting; funding process. There has to be a bet- sion of ideas here. As a matter of fact, guarantee universal access to public ter way to fund public broadcasting we have done a little research, and we broadcasting, particularly in rural, than through CPB, which soaks up a have found that in the 104th Congress, under served areas; and stimulate the large share of funding before it ever there has been a need for cloture mo- development of regional programming gets to the 350 public television stations more than in any recent time. In centers in order to increase geographic tions and 629 public radio stations. A fact, in the 102d Congress, there were 42 diversity in the origination of pro- large chunk comes right back here to cloture motions filed, and in the 103d, gramming. 47; but in the 104th Congress, it has D.C. to buy programming dispropor- Finally, the draft would authorize been necessary, already, to file 63 clo- tionately produced in the largest media the creation of a trust fund to be used ture motions. markets. There just has to be a better to generate sufficient capital for public Let me give one example of how ri- way—especially for small city broad- broadcasting to achieve financial inde- diculous this really is. S. 1, the first casters. pendence. This trust fund approach was bill we considered last year, on un- Last year’s debate produced some first proposed by the public broad- funded mandates, had broad support much-needed innovations. Public casters late last year. The public and passed overwhelmingly. I think the broadcasting has improved as a result. broadcasters proposed a more far- vote was 98 to 2, or something like I called on public broadcasting to take reaching approach that would enable a that. It was overwhelming, whatever advantage of the popularity and value private trust to generate funds through the final vote was. But we had to file of its wonderful programming. They’re the management of advanced spectrum four cloture motions to try to get it to doing so now. Last year, new ancillary and the leasing of unused spectrum for come to conclusion, and get a vote on agreements were reached that will see commercial purposes. This thoughtful it. a larger portion of merchandise rev- proposal has merit. I support the cre- So I really find it sort of surprising enue from public broadcasting products ation of a trust fund. I believe that the when our colleagues on the other side go right back to public broadcasting. draft spectrum legislation I have pro- of the aisle seem to hint that we have Media alliances have been formed with posed today would provide public been trying to cut them off. That has MCI and Turner to distribute public broadcasters with the resources needed not been the case. But we have a re- broadcasting programs on video and to capitalize a trust fund in a way that sponsibility to try to get the work CD-ROM’s. Even PBS has discovered would benefit the entire public broad- done around here. Yes. Let us have free that its logo generates revenue. For- casting community—radio and tele- debate. But after a certain period of eign markets are an untapped source vision, in markets large and small. time you have to get down to voting. for programming and products. Even Because this proposal would bring That is what we are trying to set up the Internet offers enormous potential major change to public broadcasting, it with our process this afternoon. for public broadcasting, both as a con- deserves careful review. I’m already be- f duit for classroom-based, interactive ginning that review. educational programming and as a base Clearly, financial independence will MORNING BUSINESS to market its products. In short, we be a key issue. However, other reforms Mr. LOTT. Mr. President, I ask unan- really haven’t begun to tap the enor- are needed, particularly in the dis- imous consent that there now be a pe- mous funding potential of public broad- tribution of funds for broadcasting and riod for the transaction of morning casting in the worldwide marketplace. programming. I am particularly inter- business with Senators permitted to I also believe we must continue to ested in reforms that will enhance the speak for up to 5 minutes each. push for greater efficiencies within capabilities and creativity of small The PRESIDING OFFICER. Without CPB—reforms that also can free up rev- city and rural broadcasters. In small objection, it is so ordered. enues. Will all these potential funding cities and towns, public broadcasting is f sources and markets allow public vital. South Dakota Public Radio broadcasting to achieve financial inde- [SDPR], for example, provides pool PUBLIC BROADCASTING pendence? It’s a question that we coverage to commercial stations Mr. PRESSLER. Mr. President, I also should explore. around the State for legislative report- am pleased to release today draft legis- So today I am circulating a discus- ing, because it has the only radio news lation to reauthorize the Corporation sion draft that would not only reau- reporter on duty during the legislative of Public Broadcasting. The draft thorize public broadcasting, but also session. In some markets, SDPR is the would provide a simple reauthorization explore and chart a path toward inde- sole radio provider of local news, and of $250 million each year for the fiscal pendence. The first way is to give pub- the exclusive source of Emergency years 1998, 1999, and 2000. It is my hope lic broadcasting tools to generate more Broadcast System announcements.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4927 For SDPR and similar radio and tele- S. — ‘‘(B) will be dedicated to the provision of vision stations, continued oversight by Be it enacted by the Senate and House of Rep- public broadcasting services. Congress is important to ensure they resentatives of the United States of America in ‘‘(b) OTHER CONSIDERATIONS PROHIBITED.— receive their fair share of the public Congress assembled, In considering a petition under subsection (a), the Commission may not consider pro- broadcasting dollar. I would like to see SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Public posals by other parties to become licensees public broadcasting be a self-sustaining or permittees on the channels to be ex- operation, but I will not forego con- Broadcasting Financial Resources Enhance- ment Act of 1996’’. changed. gressional oversight responsibilities, ‘‘(c) INELIGIBILITY FOR GRANTS.—Neither a SEC. 2. PURPOSE. noncommercial educational television sta- nor support a disbursement of funds The purpose of this Act is to ensure that tion that exchanges a channel for consider- from any trust fund until I am satisfied public broadcasting stations have sufficient ation under subsection (a), nor any trans- that there are legal and contractual resources— feree or assignee of the license associated safeguards in place that will protect (1) to carry on the mission of public broad- with that station, may receive funds under casting stations to provide Americans with the financial and programming inter- subsection 396 after the exchange occurs, ex- noncommercial programming and services ests of small city and rural broad- cept to the extent provided for by the Com- which advance education, support culture, casters. mission on the basis of the contribution to and foster citizenship; the public broadcasting system made by that What kind of safeguards? First and (2) to promote continued efficiency and ef- station, transferee, or assignee.’’. foremost, there should be service re- fectiveness in the provision of public broad- quirements that public broadcasting casting services, through technological ad- SEC. 103. CONVERSION OF STATIONS TO COM- should follow. As you know, telephone vances and, where appropriate, through MERCIAL STATUS. companies are required to provide uni- mergers, consolidations, and joint operating Subpart E of part IV of title III of the Communications Act of 1934 (47 U.S.C. 397 et versal service to its customers, regard- agreements; (3) to preserve and enhance the geographic seq.), as amended by section 103, is amended less of their location. Public broad- by adding at the end thereof the following: casting should be required to fulfill a and cultural diversity of public broadcasting programs and services; ‘‘SEC. 399D. USE OF PUBLIC BROADCASTING STA- similar standard—universal access for (4) to support public broadcasting services TIONS FOR REMUNERATION. all Americans. to rural and underserved areas and audi- ‘‘(a) IN GENERAL.— Second, any future trust fund should ences, and to ensure the universal avail- ‘‘(1) USE OF OVERLAPPING STATION CAPAC- have a formula that recognizes the ability of public broadcasting services; ITY.—Subject to the requirements and limi- unique roles of small city broadcasters (5) to create and deliver creative and di- tations of this section, the licensee or licens- verse programming and services of high qual- ees of 2 overlapping stations may, notwith- and the need to achieve universal ac- standing the allocated and licensed status of cess goals. ity and excellence; (6) to preserve and protect their editorial such stations as noncommercial educational Third, I support giving small broad- integrity and independence; and television stations, operate one such station casters a share of any revenue gen- (7) to continue to pioneer new tele- for remunerative purposes, including the erated through enhanced underwriting. communications technologies and to adapt transmission of commercial television pro- A similar arrangement exists with those technologies for educational and pub- gramming originated by such licensee or by major networks and their affiliates— lic service purposes. another party and transmission of subscrip- tion television or pay-per-view services. large and small. It makes sense. It’s TITLE I—EARNED INCOME Such commercial operation will not result in OPPORTUNITIES simple fairness. Large and small sta- a modification of the noncommercial edu- tions that broadcast underwritten pro- SEC. 101. ENHANCED UNDERWRITING. cational allocation of the license held by the gramming contribute to the exposure (a) BUSINESS OR INSTITUTIONAL LOGOS.— station. of the corporate sponsor to the viewing Section 399A of the Communications Act of ‘‘(2) CONDITIONS FOR USE.—The licensee or public. They should benefit. 1934 (47 U.S.C.399A) is amended: licensees of overlapping stations intending (1) by striking ‘‘exclusive’’ in subsection to operate one of such stations for remunera- Fourth, we should be encouraging the (a); development of regional programming tive purposes pursuant to paragraph (1) shall (2) by striking ‘‘organization, and which is file with the Commission a joint operating outlets. At present, there is a dis- not used for the purpose of promoting the agreement or other instrument providing as- proportionate concentration of pro- products, services, or facilities of such cor- surances that— gram development in the large cities. poration, company, or other organization.’’ ‘‘(A) the remuneration of such operations Regional programming will not only in subsection (a) and inserting ‘‘organiza- (in excess of the costs of the commercial and further the diversity of public broad- tion.’’; and public television operations of such licensee) casting, but improve viewership in (3) by inserting ‘‘established’’ before ‘‘busi- is dedicated to the provision of public broad- ness’’ in subsection (b). these areas. casting services on the other overlapping (b) SERVICES, FACILITIES, AND PRODUCTS.— station; and So, in conclusion, there are a number Section 399B(a) of the Communications Act ‘‘(B) the station operated for remunerative of issues worth discussing. Funding of 1934 (47 U.S.C. 399B(a)) is amended by in- purposes is, but for the remunerative oper- sources and funding distribution are serting ‘‘a comma and ‘‘other than through a ations, otherwise operated consistently with the two key issues. I am hopeful that strictly quantifiable comparative descrip- the provisions of this Act and the rules and the proposed Commission on Public tion,’’ after ‘‘promote’’. policies of the Commission applicable to Broadcasting Empowerment will help SEC. 102. TELEVISION CHANNEL EXCHANGES. such operations. lay the groundwork for both financial Subpart E of part IV of title III of the ‘‘(3) INELIGIBILITY FOR GRANTS.—No non- Communications Act of 1934 (47 U.S.C. 397 et independence and distribution fairness. commercial educational television station seq.) is amended by adding at the end thereof operating under an agreement or other in- The funding sources may change, new the following: strument filed under paragraph (2), and no technologies may emerge, but the cen- ‘‘SEC. 399C. TELEVISION CHANNEL EXCHANGES. transferee of such station, or assignee of the tral mission of public broadcasting—to ‘‘(a) PETITION.—The licensees or permittees license associated with such station, may re- be a dependable source of educational, of commercial and public broadcast tele- ceive any funds under section 396, except to community-based programming—is vision stations may file a joint petition with the extent provided for by the Commission strong and growing stronger. That’s a the Commission requesting an exchange of on the basis of the contribution to the public credit to the people in the commu- channels (including public television sta- broadcasting system made by that station, nities that make it all happen. tions on VHF channels to be exchanged for transferee, or assignee. UHF channels). Within 90 days after receiv- ‘‘(b) SALE PERMITTED.—Upon application This draft is a starting point. I look ing such a petition, the Commission shall by the licensee of 2 or more overlapping pub- forward to working with the public amend the television table of allotments and lic television stations, the Commission shall broadcasting community and my col- modify the licenses or permits of the peti- approve the assignment of one of the licenses leagues on both sides of aisle to im- tioners to specify operation on the ex- of such licensee for a television station to prove this draft and pass a bill. Mr. changed channels if the Commission finds another person or entity, without rule- President, I ask unanimous consent that— making or opening the licensed channel to that this draft be printed in the ‘‘(1) the stations serve substantially the general application, and shall permit such same market; and person or entity to operate such station as a RECORD. ‘‘(2) the consideration paid to the public commercial television station, if— There being no objection, the draft broadcast television licensee or permittee— ‘‘(1) the licensee assigning such license will was ordered to be printed in the ‘‘(A) fairly reflects the value of the ex- dedicate all compensation in excess of costs RECORD, as follows: change of channels and related facilities; and of sale received for such assignment to the

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support of the local noncommercial edu- (2) ACCOUNTS.—The Public Broadcasting United States Code. Subject to the previous cational broadcast operations of the retained Trust Fund shall consist of such accounts as sentence, on the request of the chairperson station; and may be provided by law. Each such Account or vice chairperson of the Commission, the ‘‘(2) the compensation provided to the li- shall consist of such amounts as may be ap- head of such agency shall furnish such infor- censee for assigning such license reflects the propriated, credited, or paid to it as provided mation to the Commission. value of the license and related facilities. by law. (d) USE OF FACILITIES AND SERVICES.—Upon ‘‘(c) DEFINITIONS.—For purposes of this sec- (3) EXPENDITURES.—Amounts in the Public the request of the Commission, the head of tion— Broadcasting Trust Fund shall be available any Federal agency may make available to ‘‘(1) OVERLAPPING STATIONS.—The term for making such expenditures as may be pro- the Commission any of the facilities and ‘overlapping stations’ means 2 or more pub- vided by law. services of such agency. lic television stations— (4) MANAGEMENT.—The Public Broad- (e) PERSONNEL FROM OTHER AGENCIES.—On ‘‘(A) that serve the same market; casting Trust Fund shall be managed in ac- the request of the Commission, the head of ‘‘(B) with respect to which the Grade A cordance with the provisions of section 9602 any Federal agency may detail any of the contour of one of such stations reaches more of the Internal Revenue Code of 1986. personnel of such agency to serve as an Exec- than 50 percent of the Grade A population SEC. 203. MEMBERSHIP. utive Director of the Commission or assist reached by the other such station; and (a) COMPOSITION.— the Commission in carrying out the duties of ‘‘(C) with respect to which less than 20 per- (1) APPOINTMENTS.—The Commission shall the Commission. Any detail shall not inter- cent of the population reached by either sta- be composed of 12 voting members and 3 ex rupt or otherwise affect the civil service station is unduplicated by the other. officio members to be appointed not later tus or privileges of the Federal employee. ‘‘(2) TELEVISION MARKET.—The term ‘tele- than 60 days after the date of the enactment (f) VOLUNTARY SERVICE.—Notwithstanding vision market’ has the meaning provided in of this Act as follows: section 1342 of title 31, United States Code, section 76.55(e)(1) of the Commission’s rules (A) SENATORS.—One Senator shall be ap- the chairperson of the Commission may ac- (47 C.F.R. 76.55(e)(1)).’’. pointed by the Majority Leader of the Sen- cept for the Commission voluntary services TITLE II—PUBLIC BROADCASTING ate, and one Senator shall be appointed by provided by a member of the Commission. EMPOWERMENT COMMISSION the Minority Leader of the Senate. SEC. 206. TERMINATION. SEC. 201. ESTABLISHMENT. (B) MEMBERS OF THE HOUSE OF REPRESENT- The Commission shall terminate 30 days There is established a commission to be ATIVES.—One Member of the House of Rep- after the date of the submission of the final known as the Commission on Public Broad- resentatives shall be appointed by the report of the Commission to Congress. casting Empowerment (referred to in this Speaker of the House of Representatives, and SEC. 207. AUTHORIZATION OF APPROPRIATIONS. section as the ‘‘Commission’’). one Member of the House of Representatives (a) COMMISSION.—There are authorized to SEC. 202. DUTIES. shall be appointed by the Minority Leader of be appropriated to the Commission such (a) STUDY AND RECOMMENDATIONS.—The the House of Representatives. sums as may be necessary to carry out the Commission shall— (C) ADDITIONAL MEMBERS.—Eight members provisions of title II of this Act. (1) conduct a comprehensive study of— shall be appointed by the President, without (b) CORPORATION FOR PUBLIC BROAD- (A) alternatives for providing long-term regard to political affiliation, on the basis of CASTING.—Section 396(k)(1)(C) of the Commu- funding for public broadcasting services demonstrated expertise in public broad- nications Act of 1934 (47 U.S.C. 396(k)(1)(C)) is other than with appropriated Federal funds, casting, education, entertainment, finance, amended— with particular emphasis on the development or investment. (1) by striking ‘‘and’’ after ‘‘1995,’’; and of earned income opportunities; (2) EX OFFICIO MEMBERS.—The Secretary of (2) by striking ‘‘1996.’’ and inserting ‘‘1996, (B) the feasibility of generating revenue Commerce, the Chairman of the Federal and $250,000,000 for each of fiscal years 1998, for a trust fund based upon spectrum grants Communications Commission, and the Presi- 1999, and 2000.’’. or other sources of funding; dent of the Corporation for Public Broad- f (C) the effectiveness and adequacy of those casting shall serve on the Commission as means of generating revenue for public nonvoting ex officio members. SPECTRUM REFORM DISCUSSION broadcasting services made available by title (b) VACANCIES.—Any vacancy on the Com- DRAFT I of this Act; mission shall be filled in the manner in Mr. PRESSLER. Mr. President, I rise (D) the impact that particular funding which the original appointment was made. methods may have on the purpose, role, and The vacancy shall not affect the power of the today to take another step in my over- availability of public broadcasting, particu- remaining members to execute the duties of all telecommunications and informa- larly in smaller markets; the Commission. tion policy reform agenda. As I have (E) funding distribution formulas for (c) CHAIRPERSON AND VICE CHAIRPERSON.— stated many times, the historic enact- smaller markets that take into account the The Commission shall elect a chairperson special nature of such markets, including the ment earlier this year of the Tele- and a vice chairperson from among the mem- communications Act of 1996 was only additional infrastructure investment nec- bers of the Commission. essary to obtain sufficient audience reach; the first step in a new national tele- (d) QUORUM.—Eight members of the Com- and mission shall constitute a quorum for all communications policy for 21st Cen- (F) opportunities for reducing the cost of purposes, except that a lesser number may tury America. public broadcasting through increased effi- constitute a quorum for the purpose of hold- Today, I am putting out for public ciencies of production, distribution, and op- ing hearings. comment a discussion draft of spec- eration without impairing universal access to public broadcasting; and SEC. 204. COMPENSATION. trum reform legislation to institute (2) submit to the Committee on Commerce, (a) PAY.—Members of the Commission shall comprehensive reforms in how the Fed- Science, and Transportation of the Senate serve without compensation. eral Government uses—and fails to and to the Committee on Commerce of the (b) TRAVEL EXPENSES.—Members of the use—our most important valuable na- House of Representatives a report setting Commission shall be allowed reasonable tional resource, the radio frequency travel expenses, including a per diem allow- forth the results of its study and making rec- spectrum. ommendations for— ance, in accordance with section 5703 of title THE SPECTRUM AND ITS USES (A) long-term funding for public broad- 5, United States Code, when performing du- casting that would not compromise its essen- ties of the Commission. The radio spectrum is to the informa- tial noncommercial nature; SEC. 205. POWERS. tion age what oil and steel where to (B) improving the economic efficiency with (a) MEETINGS.—The Commission shall first the Industrial Age. Like any resource, which public broadcasting operates; meet not later than 30 days after the date on it is finite. Therefore it must be man- (C) guaranteeing universal access, particu- which all members are appointed, and the aged responsibly. larly to rural and underserved areas; and Commission shall meet thereafter on the call This valuable resource is one of the (D) stimulating the development of re- of the chairperson or a majority of the members. principle building blocks for tomor- gional and local programming centers in row’s ‘‘Information Economy.’’ It also order to increase geographic diversity in the (b) HEARINGS AND SESSIONS.—The Commis- origination of programming. sion may hold such hearings, sit and act at is critical to delivering new and valu- (b) INTERIM AND FINAL REPORTS.—The such times and places, take such testimony, able services to the American public. Commission shall submit a preliminary re- and receive such evidence as the Commission All of us have seen the contribution port under subsection (a)(2) not later than considers appropriate. The Commission may traditional radio-based services—such December 31, 1997, and a final report not administer oaths or affirmations to wit- as public and commercial broad- later than December 31, 1998. nesses appearing before it. casting—have made to our national (c) TRUST FUND ESTABLISHED.— (c) ACCESS TO INFORMATION.—The Commis- (1) IN GENERAL.—There is hereby estab- sion may secure directly from any Federal life. We have seen the benefits of low- lished in the Treasury of the United States a agency information necessary to enable it to cost satellite communications, which trust fund to be known as the ‘‘Public Broad- carry out this title, if the information may have enormously expanded the range of casting Trust Fund’’. be disclosed under section 552 of title 5, news, information, and entertainment

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4929 choices. We have seen the proven value for an environment characterized by source by private sector entrepreneurs. of cellular radiotelephones. In addi- stable technology and stable, predict- The key policy goal achieved with auction, there are an array of other crit- able demand for very basic communications is placing the spectrum resource ical radio-based communications serv- tions. Under this antiquated model, the in the hands of those who value it most ices—everything from the radar sys- Government—not consumers—largely highly. Those who will put it to its tems so important to air traffic con- decides who uses frequencies, what best, highest valued use. trol, to the radios policemen, firemen, they are used for, and how they are The FCC’s current auction authority and ambulances use, to communica- used—a government-sponsored elec- expires in 1998. We need to address tions networks central to maintaining tronic industrial policy. these issues before then. We then ought a strong national defense. This system is slow. It is anti- to make the FCC’s auction authority From its very beginning, wireless competitive. It is antifree speech. permanent. communication has played a vital role INEFFICIENCIES IN THE CURRENT POLICY But as I stated here on the Senate in protecting lives and property. As with other systems of central floor on March 13 much more definitely Through the development of radio and planning, the spectrum management needs to be done. television broadcasting, it has deliv- system currently utilized in the United Under the comprehensive discussion ered information and entertainment States tends to result in inefficient use draft of spectrum reform legislation I programming to the public at large. of the spectrum resource. Federal regu- am unveiling today, a far reaching se- More recently, wireless, spectrum- lators —rather than consumers—decide ries of reforms would be initiated. based telecommunications services, whether taxis, telephone service, SPECTRUM AUCTION AUTHORITY AND products and technologies have proven broadcasters, or foresters are in great- EXHAUSTIVE LICENSING indispensable enablers and drivers of est need of spectrum. Not surprisingly The spectrum reform discussion draft productivity and economic growth, as it is a highly politicized process. Most would expand the FCC’s spectrum auc- well as international competitiveness. important, new services, products and tion authority. This change would, Wireless technology can deliver tele- technologies are delayed or, worse yet, once and for all, place the spectrum communications and information serv- denied. This obviously harms con- issue outside of the budget context and ices directly to individuals on the sumers. squarely in the arena of communica- move. No longer is being away from the Consider cellular phones, the lengthy tions policy. office desk or factory floor an impedi- delay in making cellular telephone The FCC also would be required to ment to doing business. Fixed locations service available imposed tremendous exhaustively license all available spectrum by selecting bands of unallocated that cannot be served economically by cost on the economy. One study esti- and unassigned frequencies to be auc- wireline facilities because of physical mated the delay cost the economy $86 tioned. Any existing licensees in these infeasibility or prohibitively high costs billion. As important, American con- bands would be protected and grand- are made accessible. Wireless services sumers were denied a new productivity fathered. Indeed, they would gain flexi- also are critically important in bring- and security tool for many years. bility in use within their actual or im- ing competition to the wireline tele- Equally troubling, the system con- plied service area and spectrum block. phone network—one of the key goals of strains competition. One of the most important qualities of a competitive The FCC is directed to maximize the the Telecommunications Act. value of spectrum licenses by selecting Today, there is an almost limitless industry is the ability of new firms to broad, low frequency bands of contig- demand for the use of this spectrum. In enter the business. Yet, the bureau- uous spectrum that are not fully as- other words, the spectrum is an enor- cratic allocation process typically pro- signed. The spectrum licensee seeking mously valuable, yet finite natural re- vides for a set number of licenses for flexibility in use also may apply for source. This is the crux of the problem each service. This precludes additional any adjacent or cochannel spectrum with our current spectrum policy competitors. Only two cellular fran- contiguous to its existing license that structure. Unless a reformation plan is chises, for instance, are allowed in each market. is allocated but unassigned. developed to create a more effective Delays associated with the allocation SPECTRUM FLEXIBILITY and efficient use of the spectrum, a and assignment processes, while per- The key reform contained in this dis- vast array of new spectrum-based prod- haps acceptable in a slow changing cussion draft is freedom in spectrum ucts, services, and technologies will go world, are seriously out of step with use. While important, auctions are not unrealized for the American people. the fast-changing, high-technology the most important reform contained THE FUTURE world of today. Pressures on the tradi- in this legislation. Much more impor- We are on the cusp of great change. tional radio frequency management tant is replacing the current Govern- Over the past couple of years, we in the structure are increasing. Demand for ment mandated industrial policy sys- Congress and the Federal Communica- channels is outstripping supply. tem with a market-based approach. tions Commission [FCC] have acceler- The current environment hobbles Auctions only tell you who gets a li- ated the deployment of a whole new progress. It makes it hard for cense. We now need to discuss what the generation of pocket phones—so-called innovators to gain access to the radio license allows you to do. ‘‘Personal Communications Services.’’ spectrum resources they need to de- Like land, the Government shouldn’t Just this spring, the FCC authorized a liver technology’s promise to the tell people what they can do with fre- new generation of wireless computers— American people. quencies. So long as they don’t inter- radio-based systems that may make it Another problem with current policy fere with their neighbors, they should possible for us to interconnect our is that the Federal Government alone be able to use it for whatever con- schools and provide our students with claims nearly one-third of this critical sumers want. access to the Internet on a low-cost, resource for itself. Since 1992, there has Like newspapers, the Government highly, effective basis. been a bipartisan commitment to pri- shouldn’t tell broadcasters what they America has pioneered the develop- vatize some of the spectrum the Gov- say or how they say it. That should be ment of digital television. Later this ernment has warehoused. Among the up to viewers. year, actual digital broadcast oper- benefits of that bipartisan effort has Simply put, frequencies should be ations may begin. By the turn of the been a series of spectrum auctions. treated more like private property. century—less than 4 years from now— Those auctions have produced more However, in making these policy we could have the equivalent of a dig- than $20 billion for the U.S. Treasury. changes we should build on the current ital overlay network in the United Although spectrum auctions have pro- system. Many licensees already have a States, relying on a new electronic in- vided significant revenues for the U.S. great deal of flexibility in what they frastructure broadcasters hope to put Treasury, the overriding policy reason can do. Let’s build on that and give in place. for adopting a spectrum auction policy them more freedoms. These and other accomplishments is not—I repeat not—to provide more Mr. President, at the core of the have been achieved despite a regu- money for the Government. spectrum reform I am today proposing latory framework that dates to the Much more important, spectrum auc- is the concept of spectrum flexibility. days of Marconi. It is a policy designed tions have accelerated access to the re- Flexibility for a changing world.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4930 CONGRESSIONAL RECORD — SENATE May 9, 1996 For instance, radio frequency man- nications. The same is true in the case tions, conduct engineering surveys, and agement historically has limited the of the new PCS services. What is need- otherwise facilitate licensing and chan- permissible uses of allocated bands and ed, however, is far greater application nel usage in these specific private radio assigned channels. This, in part, has of this fundamental principle of flexi- services. The FCC does not generally been a function of technology, as well ble spectrum use. My bill does just rely on frequency coordinators, how- as the characteristics associated with that. ever, with regard to broadcast services, particular frequencies. Under this discussion draft, each ex- satellite communications, and other For example, channels allocated to isting and future licensee would have large frequency using services. the Forest Products Service tradition- increased flexibility in use including: The task of being a frequency coordi- ally have been quite low frequencies. The right to use assigned spectrum for nator depends, in large part, upon two This is because those frequencies have any service, under any regulatory clas- things: Access to computerized data been shown to have the greatest ability sification, and under any technical pa- bases; and some expertise in radio fre- to penetrate underbrush, leaves, and rameters. In addition, the licenses quency engineering. Access to data other obstructions naturally occurring would have the right to freely transfer bases today, of course, is routine. At in a forest. New digital communica- the license to others. the same time the number of individ- tions technologies have gone a long The flexible use would have to be uals with substantial radio frequency way toward changing this reality. To- within the licensee’s existing or im- management expertise is growing. This day’s digital technology includes error plied service area and spectrum block is due in part to Federal Government correction and other features which and could not be inconsistent with and defense agency downsizing. There lessen interference. international treaty obligations of the is, in short, no good reason to assume Another good example of why today’s United States. The spectrum licensee that multiple frequency coordinators technology requires increased spec- also would bear the burden of showing could not be sanctioned by the FCC. trum flexibility occurs in spread spec- any new use was within the existing or This would have the effect of broad- trum and digital overlay. These tech- implied service area and spectrum ening users’ options. niques make it possible for multiple block. Competition among frequency coordinator groups, moreover, should have communications pathways to be estab- SPECTRUM PRIVATIZATION the effect of ensuring efficient charges lished within the same radio frequency Another major feature of the draft and effective, responsive operations. channel. In other words, using this legislation is spectrum privatization. That has been true in virtually every technology, broadcasters could trans- Simply put, under the discussion draft, market in which competition has been mit communications in addition to the Federal Government would be introduced. It should prove true in this video and sound signals. Radio broad- obliged to relinquish one-quarter of its case as well. That is why the discussion cast channels today, for example, al- spectrum stockpile. Spectrum auctions draft directs the FCC to expand sub- ready provide local links for paging op- would be held to place that spectrum stantially the agency’s use of private erations. Government policy must into the hands of the public as quickly sector frequency coordinator groups. allow multiple, more intensive use of as possible. In addition, Government PUBLIC SAFETY SPECTRUM radio frequency resources where there agencies would be required to rely, to The draft legislation also directs the is no perceptible adverse technical im- the maximum extent possible, on the FCC to make spectrum block grants to pact. private sector to meet their States for public safety spectrum Allowing radio frequency licensees radiocommunications needs. Taking needs. In lieu of processing, issuing, greater flexibility also could facilitate into account the taxes paid, if nothing and renewing tens of thousands of pub- equipment and systems modernization else, this would definitely help the public safety communications licenses—at and upgrading in the public sector. lic and strengthen the American infor- significant cost to licensees, as well as This would enhance public safety. For mation technology economy. example, many public communications the FCC—the agency would issue 55 SPECTRUM MANAGEMENT CONSOLIDATION systems today are in need of mod- block grants to the chief executive offi- ernization, to meet the demand for The discussion draft would place the cer of each State, Guam, Puerto Rico, more cost-effective and responsive law responsibility for managing the spec- the U.S. Virgin Islands, and the Dis- enforcement, fire safety, and emer- trum in the United States solely with trict of Columbia. It would then be the gency medical services. At the same the FCC. The Commission would be re- responsibility of State Governors to de- time, the financial resources available quired to factor in critical national determine eligibility, to ensure compli- to many public safety communications fense, law enforcement, and national ance with standard FCC—and other— organizations are quite limited. policy priorities. However, the current operating rules, and to resolve disputes If local police forces were permitted regime divides responsibility between among public safety licensees within greater flexibility in use of their chan- the FCC and the Department of Com- their jurisdiction. nels, however, this challenge would be merce, would be streamlined. This This reform would reduce delays and less severe. Switching to new digital would improve the overall manage- heighten responsiveness to actual user communications techniques typically ment process. It also would increase requirements. It would lessen substan- achieves a significant increase in the accountability. tially the burdens of traditional regu- total number of channels available—in SELF-MANAGED REGULATION lation now borne by the FCC. Most im- some cases, by a factor of four or more. One of the more promising options portant, it would tend to ensure more Thus, a local police department could for radio frequency management re- and better public safety communica- increase the number of channels avail- form is expanded use of self-managed tions for State residents. able to support its operations and, at regulation—the use of private sector BROADCAST TELEVISION SPECTRUM the same time, have capacity available radio frequency coordinator groups to Mr. President, this draft legislation which it could lease or barter with pri- handle routine engineering, frequency also would resolve the controversy that vate communications organizations. coordination, and other functions has surrounded the digital—or high- Such arrangements could generate the which, in the past, typically had been definition—television issue. It would funds needed to finance modernization. undertaken by FCC staff. speed up the migration of broadcast Greater flexibility is a public inter- At present, the FCC relies on fre- television to digital channels. At the est win-win situation—an option that quency coordinators to handle many of same time, it would firm up the plans benefits all involved and affords the the routine chores associated with pri- which have been announced regarding general public both better service and vate mobile radio systems. Organiza- the retrocession of one 6 Mhz channel— more communications options. tions such as the National Association assets which could be used for many The FCC already has taken steps to of Business & Educational Radio purposes in addition to straight broad- allow some radio licensees more flexi- [NABER], the Associated Public-Safety cast television. ble use. The Commission’s cellular ra- Communications Officers [APCO], and Spectrum in the VHF and UHF tele- diotelephone rules, for example, place the Special Industrial Radio Service vision bands has the potential of being few constraints on permissible commu- Association [SIRSA] process applica- extremely valuable for a variety of

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4931 uses. Current licensing policy, how- lic policy dividends. Let me stress, rights, including the right to transfer any ever, keeps this spectrum locked up in however, that the unveiling of this dis- spectrum rights now assigned to them to any a single, narrowly defined use. The fun- cussion draft is merely the beginning government or private sector entity and to damental thrust of this alternative of what I hope will be a spirited, robust receive compensation for rights transferred. broadcast TV spectrum policy is to debate. I look forward to continuing to Privatization. The Federal government is allow markets to guide the spectrum to work cooperatively with all of my col- required to make an additional 25 percent of leagues in the Senate and the House to its exclusive or shared spectrum below 5 GHz its highest valued use, while preserving available to the FCC for allocation to pri- the current level of free television develop sound, consensus legislation vate sector spectrum licensees using spec- service, noncompetitively assigning an that can be introduced in the near fu- trum auctions. additional 6 MHz to each existing ture. I also want to encourage all af- BRAC-Like Commission. A Presidentially NTSC licensee, and ensuring the public fected parties to provide comments to appointed Advisory Committee On With- is fairly compensated for the use of the committee regarding this proposal. drawal will be established to determine how spectrum. This alternative proposal Mr. President, the radio frequency to make available the 25 percent of spectrum recognizes the equities of incumbent management and use reforms con- for privatization and to determine what, if full power broadcast licensees in the tained in this spectrum reform discus- any, amount of spectrum beyond the manda- sion draft hold significant promise. tory 25 percent which will be made available band to fully and fairly compete in the to the private sector over a period of 10 digital era, most especially their desire They would reduce regulatory burdens. They would foster important public years. to convert to digital technology. At Financial Incentives. To encourage govern- the same time—and let me be very policies including advances in technology and innovation, greater choice ment agency and personnel cooperation, fi- clear on this point—it will maintain nancial incentives will be developed to re- the current level of free television and more customer options, and more ward them for opening more spectrum for service for American consumers. effective, efficient, and responsive use private sector use. of this valuable national resource. Relocation Compensation. Federal govern- THE NEED FOR REFORM Mr. President, I ask unanimous con- Mr. President, we enacted comment users are allowed to accept compensa- sent that a summary of the discussion tion, including in-kind reimbursement of prehensive telecommunications legisla- draft together with the draft legislation earlier this year for one very sim- costs, from any entity to defray the costs of tive language itself be printed in the relocating the Federal entities operations ple reason. It became more and more RECORD. from one set of spectrum frequencies to an- apparent to all of us that the tradi- There being no objection, the mate- other. tional, highly bureaucratized tele- rial was ordered to be printed in the Additional Privatization. The Act adopts communications regulatory system no RECORD, as follows: as statutory law OMB’s Circular A–76 which longer served the public’s best interest. SUMMARY OF PRESSLER SPECTRUM BILL DIS- requires Federal agencies to undertake an There were unexplainable delays. New CUSSION DRAFT: THE ELECTROMAGNETIC extensive cost-benefit analysis prior to services were not being offered. New in- SPECTRUM MANAGEMENT POLICY REFORM vertically integrating or continuing to vestment and job opportunities were AND PRIVATIZATION ACT vertically integrate to meet their needs, and to take into account taxes forgone when the not materializing fast enough. SPECTRUM AUCTION AUTHORITY The oldtime telecommunications reg- Government chooses to make rather than Permanent Authority. FCC’s spectrum buy products or services to meet its needs. ulatory system, in short, had become auction authority is extended and made per- A–76 analysis has simply not been consist- manent. the classical regulatory bottleneck. It ently—nor continuously—applied to Govern- Expanded Authority. FCC’s spectrum auc- was stalling forward progress. As a re- ment radio communications requirements. sult—after nearly two decades of strug- tion authority to make spectrum license assignments is expanded with the following The new bill changes that by obliging Fed- gling with these issues—this Congress limited exceptions: non-mutually exclusive eral agencies to systematically review their developed and enacted comprehensive applications; public safety services; digital communications systems and operations, reform legislation. television licenses for broadcasters; and and shift to private sector suppliers wher- The discussion draft I am unveiling spectrum and associated orbits within an ever feasible. today is very much the other side of international satellite system. FCC’s auc- Technology Teaming. The number of com- that fundamental regulatory reform tion authority also expanded to include allo- munications channels can be significantly multiplied if the analog communications fa- equation. It addresses issues and cations, where consistent with the Act. Exhaustive Licensing. FCC required to ex- cilities used by many Federal agencies were choices that Congress, the FCC, and haustively license all available spectrum by changed to digital. Federal agencies will be the executive branch have wrestled selecting bands of unallocated and unas- required to team with a private company to with for years. The approach is fair and signed frequencies to be auctioned. Any ex- install advanced, digital capability and in- balanced—and, balanced very much in isting licensees in these bands will be pro- creased capacity, which in turn can be equi- terms of helping the American public tected and grandfathered and gain flexibility tably apportioned between agency and pri- while strengthening national competi- in use within their actual or implied service vate partner. tiveness. I believe it could usher in a area and spectrum block. FCC is directed to Multi-Agency Systems. Federal agencies maximize the value of spectrum licenses by will be required to explore not only the dynamic, vibrant ‘‘Wireless Era’’ in selecting broad, low frequency bands of con- which American entrepreneurial cap- availability of private sector suppliers but tiguous spectrum that are not fully assigned. also other government agency suppliers. italism leads the world into a robust VOLUNTARY REALLOCATION—SPECTRUM Today each Federal agency maintains—and high-technology future that will ben- FLEXIBILITY jealously guards—its own system. As a re- efit all Americans. Flexibility In Use. Each existing and fu- sult, there are very few ‘‘common user’’ sys- Congress has spent years examining ture nonbroadcast licensee will have flexi- tems. the way we manage other natural re- bility in use which includes: the right to use CONSOLIDATION OF FEDERAL SPECTRUM assigned spectrum for any service; under any sources—from water, grazing, and tim- MANAGEMENT FUNCTION ber issues so critical to my part of the regulatory classification; under any tech- country, to the fisheries vitally impor- nical parameters; and the right to freely NTIA Eliminated. Management of spec- transfer this right to others. trum for Federal government agencies, to- tant to the Northeast, the Northwest, Limitations. The flexible use must be with- gether with the IRAC Secretariat and associ- and, of course, Alaska. The natural rein the licensee’s existing or implied service ated support activities, is transferred from source this draft legislation focuses area and spectrum block and cannot be in- NTIA to the FCC. upon is just as important to America. consistent with international treaty obliga- National Security Safety Valve. The Presi- This discussion draft was crafted in tions of the United States. The spectrum li- dent may veto any FCC action which limits consultation with a wide range of engi- censee bears the burden of showing that any the amount of spectrum available to govern- neering, economic, and public policy new use is within the existing or implied ment users, limits the uses to which spec- experts. It is based, in large part, upon service area and spectrum block. trum may be put, or interferes with or com- The spectrum licensee seeking flexibility promises Federal use, if such action substan- the extensive open hearings which the in use may also apply for any adjacent or co- Senate Committee on Commerce, tially harms national security or public safe- channel spectrum contiguous to its existing ty. Science, and Transportation has con- license that is allocated but unassigned. ducted over the past few years. GOVERNMENT SPECTRUM USERS NON-EXCLUSIVE LICENSES This is a worthy regulatory reform Flexibility In Use. Government spectrum For non-exclusive spectrum licenses not initiative. It could pay enormous pub- users are also granted spectrum flexibility assigned by spectrum auction, the FCC will

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4932 CONGRESSIONAL RECORD — SENATE May 9, 1996 have the authority to use other economic in- the FCC to prevent interference to NTSC and inefficient in the dynamic worlds of tele- centives, including user fees, to ensure that other DTV assignments. DTV licensees may communications and information tech- spectrum is assigned and used efficiently and voluntarily transfer their license at any nologies. that the public is fairly compensated for the time, separate from or together with their (5) This inefficiency results from struc- use of the spectrum. existing NTSC channel. tural defects in the system itself, not in the SELF MANAGED REGULATION No Mandates. DTV licensees will not be re- expertise of, or competence at, the regu- quired to meet a minimum service require- latory agencies. FCC is directed to substantially expand its ment or construction schedule. (6) Central allocation mechanisms provide use of private sector frequency coordinator Protecting Consumer Investment. Existing insufficient information with which to rank groups thus reducing need for FCC in house full power NTSC stations will be grand- competing uses for spectrum, or competing engineering. fathered indefinitely. An NTSC licensee will technologies for delivering those uses. PUBLIC SAFETY SPECTRUM BLOCK GRANTS be permitted to continue providing standard (7) Approximately one-third of the usable Each State will assume responsibility as a NTSC television service or to transfer its li- spectrum is allocated to government or oth- block grant licensee for managing the spec- cense to another party who will then become erwise unavailable for private sector use. In- trum currently allocated to public safety the NTSC licensee. novations to help and encourage the govern- uses within its State boundaries. NTSC Flexibility Subject To Replacement ment to use spectrum more efficiently Each State may grant licensees the same Of Free Service. An NTSC licensee will also should be adopted. flexibility in use available to private FCC li- be given flexibility within its assigned chan- (8) The dramatic acceleration in the pace censees. nel and service area to provide any services, of technological change and the increasing Interference disputes between the States without imposition of economic fees as re- complexity of allocation and assignment de- will be resolved by the FCC. quired in the Telecommunications Act of cisions make the case for an overhaul of the BROADCAST TV SPECTRUM—DEPOSIT, RETURN 1996, other than standard NTSC service sub- current system more compelling than ever AND OVERLAY (A MARKET-BASED ALTER- ject to technical limits imposed by the FCC before. NATIVE TO A GOVERNMENT MANDATED AND to prevent interference to DTV and other (9) Lack of capital and outmoded equip- DICTATED TRANSITION POLICY) NTSC assignments. Before any NTSC service ment have led to inefficient utilization of Purpose. Spectrum in the VHF and UHF may be reduced or discontinued, however, the spectrum bands used by Federal agencies television bands is potentially extremely the NTSC licensee must have provided a and public safety users. valuable for a variety of uses. Current licens- comparable free replacement for such service (10) The management of spectrum can be ing policy, however, keeps this spectrum including necessary receiving equipment to substantially reformed by giving most li- ‘‘locked up’’ in a single, narrowly defined allow such service to be displayed on stand- censees the freedom and incentive to use the use. The fundamental thrust of this alter- ard NTSC receivers. spectrum more efficiently. native broadcast TV spectrum policy is to Exhaustive Licensing. FCC will define (11) In particular, within its explicit or im- allow markets to guide the spectrum to its overlay licenses collectively covering all 402 plicit service area and spectrum block, a li- highest valued use (as up front spectrum MHz of spectrum in the current VHF and censee should be given— auctions would) while preserving the current UHF TV bands and covering the entire U.S. (A) service and technical flexibility; level of free television service, noncompeti- Each overlay license will cover a block of (B) freedom to resell or sublease; and tively assigning an additional 6 MHz to each one or more contiguous 6 MHz channels and (C) freedom to pick regulatory classifica- existing NTSC licensee, and ensuring the a contiguous geographic area. The FCC will tion. public is fairly compensated for the use of determine the appropriate spectrum block (12) To get the full benefit of liberalizing spectrum. This alternative proposal recog- and area size. existing licenses, currently unassigned or nizes the equities of incumbent full power Overlay Auction. Overlay licenses to ex- unallocated spectrum will have to be made broadcast licensees in the band to fully and haustively fill the entire 402 MHz allotted for available in an efficient manner. The Com- fairly compete in the digital era, most espe- television broadcasting in each market will mission will have to exhaustively license cially their desire to convert to digital tech- be assigned by a simultaneous, multiple this spectrum expeditiously. These new as- nology. At the same time it will maintain round auction. signments should— the current level of free television service for Overlay Flexibility. Within its defined (A) be exclusive; American consumers. spectrum block and service area, an overlay (B) provide new licensees marketplace free- No Standards Setting. FCC is specifically licensee will be permitted to implement any doms similar to those enjoyed by existing li- precluded from mandating an HDTV or dig- service, subject to power limits defined by censees; and ital television (DTV) standard for broadcast the FCC at the boundaries of such spectrum (C) be assigned through simultaneous mul- licensees or establishing a requirement that block and service area, and subject to addi- tiple round auctions where there are mutu- all TV sets sold or imported must be digital tional technical restrictions as may be im- ally exclusive applicants. compatible by a date certain. posed by the FCC to protect NTSC and DTV (13) Similar incentive-based reforms should Deposit. One 6 MHz DTV channel will be licensees from harmful interference. be adopted for the spectrum used by the Fed- assigned non-competitively to each existing Overlay licenses will be freely transferable. eral government and by the public safety NTSC licensee. Each existing NTSC licensee Overlay licenses may be aggregated to cre- community, including substantial privatiza- will have the choice of receiving a DTV li- ate larger service areas and spectrum blocks. tion, flexibility in use, financial incentives cense for payment of a fee (Deposit) or to SPECTRUM REPORT and compensation for relocation and band simply keep their existing NTSC license and After 2 years the FCC will prepare a cost- clearing, consolidation of the Federal spec- relinquishing their right to the DTV license. benefit report on the results of the legisla- trum management function, and spectrum The deposit will be based on the market tion together with any recommendations for block grants to the States. value of the license determined by the auc- additional legislation. (14) An alternative broadcast television spectrum policy is needed to allow markets tion of the overlay licenses (see below). Any S. — DTV licenses not accepted will be auctioned to guide the spectrum to its highest valued Be it enacted by the Senate and House of Rep- by the FCC as part of an overlay license. use while preserving the current level of free resentatives of the United States of America in Return. The money deposited for the DTV television service, noncompetitively and Congress assembled, license can be paid in installments over a pe- flexibly assigning an additional 6 megahertz riod of 15 years with the money going into an SECTION 1. SHORT TITLE. to each existing NTSC licensee, and ensuring escrow account. Interest accrued will go to This Act may be cited as the ‘‘Electro- that the public is fairly compensated for the the U.S. Treasury for deficit reduction. After magnetic Spectrum Management Policy Re- use of spectrum. 15 years from the date the FCC assigns a form and Privatization Act’’. (15) All reforms should encourage private DTV license, the broadcast licensee can re- SEC. 2. FINDINGS. dispute resolution and avoid prolonged ad- linquish a 6 MHz license and reclaim the full The Congress finds that— ministrative delays. amount of its deposit (Return), less interest (1) New applications of wireless commu- SEC. 3. DEFINITIONS. accrued, or continue to maintain NTSC and/ nications technologies await access to the When used in this Act— or DTV license operations as outlined below. electromagnetic spectrum to provide innova- (1) COMMISSION.—The term ‘‘Commission’’ The amount of the deposit returned to the tive services to the public. means the Federal Communications Com- broadcast licensee will decrease 20 percent (2) The spectrum, however, is often charac- mission. for each year that the return of a 6 MHz terized as overcrowded and filled to capacity (2) FLEXIBILITY IN USE.—The term ‘‘flexi- channel is delayed past 15 years. with current allocations. bility in use’’ means— DTV Flexibility/Transferability. DTV li- (3) Capacity may now be underutilized due (A) the right to use assigned spectrum for censees will have full flexibility, without im- to the use of obsolete technologies, while any service (including but not limited to position of economic fees as required in the bands with great promise for delivering bet- those defined by the Commission), under any Telecommunications Act of 1996, to use their ter quality communications products to con- regulatory classification, and under any assigned DTV channels within their des- sumers fail to realize their potential. technical parameters, if the use is within the ignated service area for any service con- (4) This seeming paradox may be the result licensee’s existing or implied service area sistent with the technical limits imposed by of a regulatory structure that is increasingly and spectrum block and is not inconsistent

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4933 with international treaty obligations of the (i) been assigned or designated by Commis- Commission fails to act on the application United States, and sion regulation for assignment pursuant to within 60 days, the application shall be (B) the right to freely transfer this right to such section; deemed approved. others. (ii) been identified by the Secretary of ‘‘(C) THIRD PARTY CHALLENGES.—A co-chan- (3) IMPLIED SERVICE AREA.—The term ‘‘im- Commerce pursuant to section 113 of the Na- nel licensee or adjacent channel licensee has plied service area’’ means the service area tional Telecommunications and Information standing to object to the approval of an ap- implied by the potential power level and an- Administration Organization Act (47 U.S.C. plication under subsection (a) if the objec- tenna height for a licensee, even if that area 923); or tion is filed in writing with the Commission is not expressly defined in a license. (iii) been reserved for exclusive Federal within 30 days after the date on which the (4) SERVICE AREA.—The term ‘‘service Government use pursuant to section 305 of notice of application is published in the Fed- area’’ means the geographic area over which the Communications Act of 1934 (47 U.S.C. eral Register. a licensee may provide service and is pro- 305); and ‘‘(D) ARBITRATION OF INTERFERENCE DIS- tected from interference. (D) may include spectrum exhaustively li- PUTES.— (5) SPECTRUM BLOCK.—The term ‘‘spectrum censed throughout the United States under ‘‘(i) If an objection based on interference block’’ means the range of frequencies over the provisions of section 337(c)(4)(C) of the cannot be resolved to the satisfaction of the which the apparatus licensed by the Commis- Communications Act of 1934. parties within 60 days after the close of the sion is authorized to transmit signals. (2) CRITERIA FOR BAND SELECTION.—In mak- comment cycle for the application, then ei- ing available bands of frequencies for com- SEC. 4. SPECTRUM AUCTION AUTHORITY. ther the applicant or the person making the petitive bidding pursuant to paragraph (1), objection may invoke binding arbitration to (a) SPECTRUM AUCTION AUTHORITY MADE the Commission shall, to the greatest extent PERMANENT.—Section 309(j) of the Commu- resolve any unresolved issues by notifying possible, maximize the value of the spectrum the Commission in writing. nications Act of 1934 (47 U.S.C. 309(j)) is licenses by— ‘‘(ii) Upon receipt of such notification, the amended— (A) selecting broad, low-frequency bands of Commission shall appoint an arbitrator to (1) by striking paragraph (11); and contiguous spectrum that are not fully as- resolve the dispute. (2) by redesignating paragraphs (12) and signed; and ‘‘(iii) An arbitrator appointed by the Com- (13) as paragraphs (11) and (12). (B) exhaustively licensing it throughout mission under clause (ii) shall resolve the (b) EXPANSION OF SPECTRUM AUCTION AU- the United States. dispute within 60 days after appointment. THORITY.— (d) EFFECTIVE DATE.—The amendment ‘‘(iv) The costs of arbitration shall be paid (1) IN GENERAL.—Section 309(j) of the Com- made by subsection (b) does not apply with by the applicant for license use flexibility or munications Act of 1934 (47 U.S.C. 309(j)) is respect to any license or permit for a terres- as assigned by the arbitrator. amended by striking paragraphs (1) and (2) trial radio or television broadcast station for ‘‘(E) INTERFERENCE GUIDELINES.—The Com- and inserting the following: which the Commission has accepted mutu- mission shall prepare interference guidelines ‘‘(1) GENERAL AUTHORITY.—If mutually ex- ally exclusive applications on or before the clusive applications are accepted for any ini- date of enactment of this Act. similar to those now in use for personal com- tial license or construction permit which SEC. 5. VOLUNTARY REALLOCATION; SPECTRUM munications services bands for applications will involve use of electromagnetic spec- FLEXIBILITY. affecting occupied bands that would provide trum, then the Commission shall grant such (a) IN GENERAL.—Part I of title III of the a safe harbor for any licensee seeking to license or permit to a qualified applicant Communications Act of 1934 (47 U.S.C. 301 et change its license use. through a system of competitive bidding seq.) is amended by adding at the end thereof ‘‘(4) APPROVAL OF ADDITIONAL SPECTRUM RE- that meets the requirements of this sub- the following new section: QUESTS.— section. The Commission may also use auc- ‘‘SEC. 337. SPECTRUM LICENSE USE FLEXIBILITY. ‘‘(A) FILING WINDOW FOR COMPETING APPLI- tions to allocate spectrum where it deter- ‘‘(a) FLEXIBILITY IN USE.—Notwithstanding CATIONS.—Any person may apply for spec- mines that such an auction is consistent any other provision of this title to the con- trum requested by another person if the ap- with the purposes of this Act. trary, each holder of a nonbroadcast license plication is filed within 30 days after notice granted under this title is hereby granted ‘‘(2) EXEMPTIONS.—The Commission may of the other person’s application is first pub- not apply the competitive bidding authority flexibility in use. A licensee may change the lished in the Federal Register. granted by this subsection to licenses or con- use for which the license was granted to pro- ‘‘(B) APPROVAL OF NONCONTESTED APPLICA- struction permits issued by the Commis- vide any other use of that license within its TIONS.—The Commission shall approve an ap- sion— existing explicit or implied service area and plication for additional spectrum under sub- ‘‘(A) for public safety radio services, in- spectrum block, unless the Commission dis- section (b) if no other applicant applies for approves the holder’s application for such cluding non-Government uses the sole or that spectrum within 30 days after publica- change under subsection (c). principal purpose of which is to protect the tion of notice of the application in the Fed- ‘‘(b) ADDITIONAL SPECTRUM.—The holder of eral Register, unless it determines that— safety of life, health, and property and which a nonbroadcast license making application are not made commercially available to the ‘‘(i) the applicant fails to demonstrate that for a change of use under subsection (a) may the new use is within the licensee’s existing public; include in the application an application for explicit or implied service area or spectrum ‘‘(B) for initial licenses or construction any adjacent or co-channel spectrum contig- block; permits for new terrestrial digital television uous to its nonbroadcast license to which the ‘‘(ii) the applicant fails to make an ade- services assigned by the Commission to exchange of use application relates that is allo- quate interference showing; or isting terrestrial broadcast licenses; or cated but unassigned. ‘‘(C) for spectrum and associated orbits ‘‘(c) APPLICATION; PROCEDURE.— ‘‘(iii) the new use is inconsistent with trea- used in the provision of any satellite within ‘‘(1) APPLICATION.—An application for flexi- ty obligations of the United States. a global satellite system.’’. bility in use under subsection (a), or for ‘‘(C) COMMISSION FAILURE TO ACT.—If no ob- (2) CONFORMING AMENDMENT.—Section flexibility in use and for additional spectrum jection is filed with the Commission and the 309(j)(6) of such Act is amended— under subsection (b), shall be made in such Commission fails to act on the application (A) by striking subparagraph (E); and form and at such time as the Commission within 60 days, the application shall be (B) by redesignating subparagraphs (F) may require and shall include an adequate deemed approved. through (H) as subparagraphs (E) through interference showing. ‘‘(D) THIRD PARTY CHALLENGES.—A co-chan- (G), respectively. ‘‘(2) PUBLIC NOTIFICATION.—Within 10 days nel licensee or adjacent channel licensee has (c) EXHAUSTIVE SPECTRUM LICENSING POL- after receiving an application under this sec- standing to object to the approval of an ap- ICY.— tion, the Commission shall publish notice of plication under subsection (a) if the objec- (1) IN GENERAL.—The Commission shall the application in the Federal Register. tion is filed in writing with the Commission complete all actions necessary to permit the ‘‘(3) APPROVAL OF USE FLEXIBILITY APPLICA- within 30 days after the date on which the allocation and assignment by competitive TION.— notice of application is published in the Fed- bidding pursuant to section 309(j) of the ‘‘(A) IN GENERAL.—The Commission shall eral Register. Communications Act of 1934 (47 U.S.C. 309(j)) approve an application for flexibility in use ‘‘(E) ARBITRATION OF INTERFERENCE DIS- of licenses for the use of bands of frequencies under subsection (a) unless it determines PUTES.— that— that— ‘‘(i) If an objection based on interference (A) in the aggregate span not less than 250 ‘‘(i) the applicant fails to demonstrate that cannot be resolved to the satisfaction of the megahertz and that are located below 5 the new use is within the licensee’s existing parties within 60 days after the close of the gigahertz, within 1 year after the date of en- explicit or implied service area or spectrum comment cycle for the application, then ei- actment of this Act; and block; ther the applicant or the person making the (B) in the aggregate span not less than 5 ‘‘(ii) the applicant fails to make an ade- objection may invoke binding arbitration to gigahertz and that are located between 5 quate interference showing; or resolve any unresolved issues by notifying gigahertz and 60 gigahertz, within 2 years ‘‘(iii) the new use is inconsistent with trea- the Commission in writing. after the date of enactment of this Act; and ty obligations of the United States. ‘‘(ii) Upon receipt of such notification, the (C) have not, as of the date of enactment of ‘‘(B) COMMISSION FAILURE TO ACT.—If no ob- Commission shall appoint an arbitrator to this Act— jection is filed with the Commission and the resolve the dispute.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4934 CONGRESSIONAL RECORD — SENATE May 9, 1996 ‘‘(iii) An arbitrator appointed by the com- reimbursement, from any person to defray practicable through the use of the authority mission under clause (ii) shall resolve the entirely the expenses of relocating the Fed- granted under subsection (f) and any other dispute within 90 days after appointment. eral entity’s operations from one or more applicable provision of law, take action to ‘‘(iv) The costs of arbitration shall be paid radio spectrum frequencies to any other fre- relocate its spectrum use to other fre- by the applicant for license use flexibility or quency or frequencies, including, without quencies that are reserved for Federal use or as assigned by the arbitrator. limitation, the costs of any modification, re- to consolidate its spectrum use with other ‘‘(F) INTERFERENCE GUIDELINES.—The Com- placement, or reissuance of equipment, fa- Federal Government stations in a manner mission shall prepare interference guidelines cilities, operating manuals, regulations, or that maximizes the spectrum available for similar to those now in use for personal com- other expenses incurred by that entity. Any non-Federal use. such payment shall be deposited in the ac- munications services bands for applications ‘‘(h) DEFINITIONS.—For purposes of this sec- affecting occupied bands that would provide count of such Federal entity in the Treasury tion— of the United States. Funds deposited ac- a safe harbor for any licensee seeking to ‘‘(1) FEDERAL ENTITY.—The term ‘Federal cording to this section shall be available, change its license use. entity’ means any Department, agency, or without appropriation or fiscal year limita- ‘‘(G) AUCTION OF CONTESTED SPECTRUM.—If other element of the Federal Government tion, only for the operations of the Federal mutually exclusive applications are accepted that utilizes radio frequency spectrum in the entity for which such funds were deposited for spectrum under subsection (b), then the conduct of its authorized activities, includ- under this section. Commission shall assign the spectrum ing a Federal power agency. ‘‘(2) PROCESS FOR RELOCATION.—Any person through the use of a system of competitive ‘‘(2) SPECTRUM REALLOCATION FINAL RE- seeking to relocate a Federal Government bidding. PORT.—The term ‘Spectrum Reallocation ‘‘(H) EXPANSION OF AUCTIONED SPECTRUM.— station that has been assigned a frequency within a band allocated for mixed Federal Final Report’ means the report submitted by In auctioning spectrum under subparagraph the Secretary to the President and Congress (G), the Commission may auction larger and non-Federal use may submit a petition for such relocation to the Commission. The in compliance with the requirements of sub- blocks of spectrum encompassing the spec- section (a).’’; and trum requested by the applicant under sub- Commission shall limit the Federal Govern- ment station’s operating license to sec- (2) by striking ‘‘(a) or (d)(1)’’ in section section (b) if— 114(a)(1) and inserting ‘‘(a), (d)(1), or (f)’’. ‘‘(i) there are inconsistent and overlapping ondary status when the following require- requests for the unassigned spectrum; or ments are met— (c) FLEXIBILITY IN USE OF GOVERNMENT ‘‘(ii) it would enhance the efficient use of ‘‘(A) the person seeking relocation of the SPECTRUM LICENSES.—Part B of title I of the spectrum.’’. Federal Government station has guaranteed Telecommunications Authorization Act of SEC. 6. GOVERNMENT SPECTRUM USE REFORMS. to defray entirely, through payment in ad- 1992 (47 U.S.C. 921 et seq.) is amended by add- (a) MINIMUM REALLOCATION OF GOVERNMENT vance, in-kind reimbursement of costs, or a ing at the end thereof the following: combination thereof, all relocation costs in- FREQUENCIES.— ‘‘SEC. 118. FLEXIBILITY IN USE FOR GOVERN- (1) IN GENERAL.—Section 114 of the Na- curred by the Federal entity, including all MENT LICENSE-HOLDERS. tional Telecommunications and Information engineering, equipment, site acquisition and ‘‘(a) IN GENERAL.—Notwithstanding any Administration Organization Act (47 U.S.C. construction, and regulatory fee costs; other provision of law to the contrary, any 924) is amended by adding at the end thereof ‘‘(B) the person seeking relocation com- department, agency, or instrumentality of the following: pletes all activities necessary for imple- ‘‘(c) MINIMUM WITHDRAWAL SCHEDULE.— menting the relocation, including construc- the United States that holds an exclusive ‘‘(1) IN GENERAL.—Over a period of 10 years tion of replacement facilities (if necessary spectrum license may change the use of that beginning with fiscal year 1997, the President and appropriate) and identifying and obtain- license under section 337 of the Communica- shall take action under subsection (a) to ing on the Federal entity’s behalf new fre- tions Act of 1934 (47 U.S.C. 337) in the same withdraw or limit the assignment of not less quencies for use by the relocated Federal manner and to the same extent as any other than 25 percent of the exclusive or shared Government station (where such station is holder of an exclusive nonbroadcast license. spectrum allocated for Federal government not relocating to other technology or to ‘‘(b) INCENTIVES.—To the extent consistent use below 5 gigahertz and make available the spectrum reserved exclusively for Federal with its existing authority, each depart- spectrum withdrawn, or otherwise made use); ment, agency, or instrumentality of the available, to the Commission for allocation ‘‘(C) any necessary replacement facilities, United States may establish financial incen- to private sector licensees using competitive equipment modifications, or other changes tives to assist in providing more govern- bidding. have been implemented and tested to ensure ment-assigned spectrum for reallocation or ‘‘(2) ADVISORY COMMITTEE ON WITH- that the Federal Government station is able assignment beyond the percentage allocated DRAWAL.—The President shall appoint an ad- to accomplish its purposes successfully; and under section 114(c) of this Act (47 U.S.C. visory committee of 7 members to advise the ‘‘(D) the Commission has determined that 924(c)). Commission and the President on the choice the proposed use of the spectrum frequency ‘‘(c) REGULATIONS.—The Commission shall of spectrum for withdrawal or limitation of band to which the Federal entity will relo- promulgate regulations to carry out the pro- assignment under paragraph (1) of this sub- cate its operations is— visions of this section after consultation section. The advisory committee shall also ‘‘(i) consistent with obligations under- with the heads of departments, agencies, and advise the President and the Commission taken by the United States in international instrumentalities of the United States that concerning the potential for withdrawal or agreements and with United States national hold spectrum licenses.’’. limitation of additional spectrum beyond the security and public safety interests; and (d) FEDERAL RADIOCOMMUNICATIONS; PRI- 25 percent of frequencies that are required to ‘‘(ii) suitable for the technical characteris- VATE ENTERPRISE RELIANCE.—It shall be the be privatized under paragraph (1) of this sub- tics of the band and consistent with other uses of the band. policy of the United States to rely on com- section, if any. The advisory committee shall petitive private enterprise to the maximum include 3 representatives of affected Federal In exercising its authority under this sub- extent possible to meet the departments or agencies, 3 representatives of paragraph with respect to issues that have radiocommunications requirements of the the private sector with experience and exper- national security or foreign relations impli- Federal Government. This policy shall apply tise in telecommunications, and 1 represent- cations, the Commission shall consult with to all radiocommunications systems first au- ative of the public, and shall meet at such the Secretary of Defense or the Secretary of thorized after December 31, 1996, and shall be times and places as the President shall re- State, or both, as appropriate. applied to all systems authorized as of that quire. The President shall designate a chair- ‘‘(3) RIGHT TO RECLAIM.—If within one year date in accordance with regulations adopted man and vice chairman and provide for ap- after the relocation the Federal Government pursuant to this Act. propriate administrative support. The mem- station demonstrates to the Commission (e) BUSINESS-GOVERNMENT RADIO- bers of the advisory committee shall serve at that the new facilities or spectrum are not COMMUNICATIONS PARTNERSHIPS; TECHNOLOGY the pleasure of the President.’’. comparable to the facilities or spectrum TEAMING.— (b) IDENTIFICATION AND REALLOCATION OF from which the Federal Government station (1) The Commission, in consultation with FREQUENCIES.—Section 113 of the National was relocated, the person seeking such relo- the Director of the Office of Management Telecommunications and Information Ad- cation must take reasonable steps to remedy and Budget, within 6 months after the date ministration Organization Act (47 U.S.C. 901 any defects or pay the Federal entity for the of enactment of this Act shall adopt rules et seq.) is amended by adding at the end costs of returning the Federal Government applicable to all departments, agencies, and thereof the following: station to the spectrum from which such sta- ‘‘(f) RELOCATION OF FEDERAL GOVERNMENT instrumentalities of the United States Gov- tion was relocated. STATIONS.— ‘‘(g) FEDERAL ACTION TO EXPEDITE SPEC- ernment that— ‘‘(1) IN GENERAL.—In order to expedite the TRUM TRANSFER.—Any Federal Government (A) encourage the utilization, to the great- efficient use of the electromagnetic spec- station which operates on electromagnetic est extent possible, of previously conducted trum and notwithstanding section 3302(b) of spectrum that has been identified for re- surveys of all radiocommunications systems title 31, United States Code, any Federal en- allocation for mixed Federal and non-Fed- operated by such department, agency, or in- tity which operates a Federal Government eral use in the Spectrum Reallocation Final strumentality for the purpose of increasing station may accept payment in advance or Report or by the President pursuant to rec- the efficiency of those systems; and in-kind reimbursement of costs, or a com- ommendation of the Advisory Committee on (B) authorize the head of each department, bination of payment in advance and in-kind Withdrawal shall, to the maximum extent agency, and instrumentality of the United

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4935 States Government to enter into contracts, (B) require the heads of all Federal agen- initiate a rulemaking or rulemakings with a leases, partnerships, teaming agreements, cies seeking additional radio spectrum li- view toward implementing the report’s find- and other cooperative business-government censes or assignments to certify that they ings, and shall conclude such proceedings arrangements, that will enable the private have fully considered the availability of pri- within 6 months. sector to participate, in whole or significant vate sector radiocommunications alter- SEC. 9. BLOCK GRANTS OF PUBLIC SAFETY SPEC- part, in the upgrading of government natives; and, based upon review of the reg- TRUM TO STATES. radiocommunications systems, and permit ister required by this Act, have also fully The Commission shall delegate to the Dis- an equitable apportionment of the use of considered the feasibility of shared use of trict of Columbia, the Commonwealth of such upgraded systems to meet both govern- other Federal agency systems; and Puerto Rico, Guam, the United States Virgin ment as well as private sector needs. (C) require all Federal agencies holding Islands, and each State responsibility for as- (2) APPLICATION TO LEGISLATIVE AND JUDI- radio spectrum licenses or assignments signing and managing radio frequency spec- CIAL BRANCHES.— promptly, and on a continuing basis, to as- trum allocated for public safety communica- (A) THE CONGRESS.—As an exercise of the sess the feasibility and desirability of shar- tions use. In making that delegation, the rulemaking power of the Senate and the ing the capacity of their Commission shall consider, among other House of Representatives, respectively, the radiocommunications systems with other matters— regulations promulgated by the Commission Federal agencies, and to report their findings (1) a requirement that the polity to which under paragraph (1) are deemed to have been for inclusion in the register required by this the spectrum responsibility is delegated no- adopted by each House of the Congress, re- Act. tify the Commission of its assignment of spectively, as rules applicable only to that (g) CONSOLIDATION OF FREQUENCY MANAGE- spectrum and its management activities; House. The rules so adopted supersede other MENT RESPONSIBILITIES.—The radio fre- (2) permitting each such polity to exercise rules of each House of the Congress only to quency management functions of the Na- or to grant licensees the same flexibility in the extent that they are inconsistent with tional Telecommunications and Information use that is available to private sector license those other rules, and they are enacted with Administration (hereinafter referred to as holders whose license is granted by the Com- full recognition of the constitutional right of ‘‘NTIA’’), including the Interdepartmental mission; each House to change them, to the extent Radio Advisory Committee secretariat and (3) providing for the binding resolution of that they relate to that House, in the same associated support activities (including the interference disputes between such polities manner and to the same extent as any other NTIA’s electromagnetic compatibility anal- by the Commission; and rule of that House. ysis operations), under the National Tele- (4) a requirement that each polity manage (B) THE FEDERAL JUDICIARY.—The judicial communications and Information Adminis- its public safety spectrum allocation to en- branch of the United States Government is tration Organization Act are hereby trans- sure efficient interoperability between its authorized and requested to adopt the regu- ferred to the Commission. own wireless communications systems and lations promulgated by the Commission (h) PRESIDENTIAL INVALIDATION.—The those of Federal law enforcement, public under paragraph (1) as applicable to the oper- President may invalidate any Commission safety, and disaster assistance agencies, to ations of that branch. action that— the greatest extent feasible. (3) COMPETITIVE PROCUREMENT TECH- (1) limits the amount of spectrum avail- SEC. 10. FLEXIBLE NTSC AND DTV LICENSES; DE- NIQUES.—Each department, agency, and in- able to departments, agencies, or instrumen- POSIT AND RETURN; FLEXIBLE strumentality of the United States Govern- talities of the United States; OVERLAY VHF AND UHF BAND LI- CENSES. ment is authorized and encouraged to em- (2) limits the uses to which such spectrum (a) IN GENERAL—Part I of title III of the ploy competitive procurement techniques in may be put; or selecting private sector partners for the pur- Communications Act of 1934, as amended by (3) interferes with or compromises any use section 5 of this Act, is amended by adding pose of mutually benefiting from the upgrad- by any such department, agency, or instru- ing of technology associated with Federal at the end thereof the following: mentality radiocommunications systems, except that— ‘‘SEC. 338. BROADCAST TELEVISION SPECTRUM (A) the head of any such department, agen- if, after a hearing on the record, the Presi- POLICY. cy, or instrumentality may waive compli- dent finds that such action would substan- ‘‘(a) ASSIGNMENT OF FLEXIBLE DTV LI- ance with competitive procurement tech- tially harm national security or public safe- CENSES TO EXISTING BROADCASTERS.— niques in whole or part, if it is in the govern- ty. ‘‘(1) ASSIGNMENT.—The Commission shall ment’s interests; and SEC. 7. NONEXCLUSIVE LICENSES. assign one 6 megahertz DTV channel, on a (B) business-government arrangements un- The Commission may use such other eco- non-competitive basis, to each existing dertaken under this Act shall not be subject nomic incentives as it deems appropriate, in- NTSC licensee. An existing NTSC licensee to to limitations regarding gifts and bequests cluding user fees, to ensure that nonexclu- whom such a channel is assigned may— to Federal agencies. sive licenses and licenses not issued utilizing ‘‘(A) receive a DTV license for a deposit; or The provisions of this paragraph shall apply competitive bidding are used efficiently and ‘‘(B) decline to accept a DTV license. to the legislative and judicial branches of that the public is fairly compensated for the Any DTV license declined shall be auctioned the United States Government to the extent use of the spectrum. In establishing the by the Commission as part of an overlay li- that such branches adopt the same or similar amount of such fees, the Commission shall cense. The amount of the deposit shall be rules. consider such factors as spectrum band- based on the market value of the license as (4) REPORT.—The President shall include as width, frequency location, area of operation, shown by the auction of the overlay licenses part of the Budget of the United States for service area population, and the value of the and adjusted for relevant economic factors, each fiscal year beginning after the date of spectrum as determined by prices paid for such as the size and population of the area enactment of this Act, a report detailing the spectrum in Commission auctions. served. The Commission may waive the de- number and scope of cooperative business- SEC. 8. SELF-MANAGED REGULATION; EXPANDED posit in whole or in part for broadcasters in government radiocommunications arrange- RELIANCE OF FREQUENCY COORDI- small markets and for small broadcasters ments undertaken in accordance with this NATION. competing in large markets. Act for the preceding fiscal year. (a) REPORT.—Not later than 90 days after ‘‘(2) USE OF DTV LICENSE.—A licensee to (f) GOVERNMENT COMMUNICATIONS SYSTEMS; the date of the date of enactment of this Act, which a DTV license is assigned under para- MULTIPLE USE AND APPLICATION.— the Commission shall report to the Chair- graph (1)— (1) It is the policy of the United States to man of the Committee on Commerce, ‘‘(A) shall enjoy flexibility in use (within encourage and facilitate the multiple, shared Science, and Transportation of the Senate the meaning of that term as used in section use of Federal radiocommunications systems and the Chairman of the Committee on Com- 337(a)) of the license consistent with tech- to the maximum extent possible, in order to merce of the House of Representatives re- nical limits imposed by the Commission to foster more effective and efficient use of garding the radio frequency management, prevent interference to NTSC and other DTV radio spectrum resources. recordskeeping, coordination, and other assignments; (2) To implement this policy, the Commis- functions undertaken by the Commission ‘‘(B) may not be required to meet a min- sion in consultation with the Director of the that could be performed by private sector imum service requirement or construction Office of Management and Budget, and the radio frequency coordinator groups. schedule; and Administrator of the General Services Ad- (b) ASSESSMENT.—In preparing this report, ‘‘(C) may transfer or relinquish its DTV li- ministration and other appropriate officers the Commission shall assess the feasibility cense at any time. or employees of the United States Govern- and desirability of relying upon nonprofit in- ‘‘(3) REASSIGNMENT OF RELINQUISHED LI- ment, within 1 year after the date of enact- dustry self-regulatory organizations as well CENSES.—Except as provided in paragraph (1), ment of this Act shall adopt rules, regula- as for-profit organizations, and shall also as- the Commission may not reassign any DTV tions, and budgetary guidelines which— sess and report on the potential revenue license relinquished by the licensee to whom (A) establish a Federal which might inure to the Government by se- it was assigned or transferred. Any spectrum radiocommunications system register, to be lecting private sector radio frequency coor- that had been previously encumbered by a maintained by the Director, or his designee, dinator groups through competitive bidding relinquished DTV license shall be available which register shall set forth capacity which procedures, including auctions. for use by overlay licensees (within the could be available for use by other Federal (c) RULEMAKING.—Following the trans- meaning of subsection (c)). agencies; mittal of its report, the Commission shall ‘‘(4) DEPOSIT AND RETURN.—

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4936 CONGRESSIONAL RECORD — SENATE May 9, 1996 ‘‘(A) The amount to be paid as a deposit for thorized land mobile services, from harmful MEASURES REFERRED a DTV license under paragraph (1)— interference; ‘‘(i) may be paid to the Commission in in- ‘‘(B) may aggregate multiple overlay li- The following bill was read the first stallments over a 15-year period beginning censes to create larger spectrum blocks and and second times by unanimous con- on the date on which the license is assigned; service areas; and sent and referred as indicated: and ‘‘(C) may transfer an overlay license to any H.R. 2980. An act to amend title 18, United ‘‘(ii) shall be held in escrow and invested in other person qualified to be an overlay li- States Code, with respect to stalking; to the interest-bearing obligations of the United censee. Committee on the Judiciary. States. ‘‘(d) DEFINITIONS.—For purposes of this sec- The following concurrent resolution ‘‘(B) Amounts received as interest earned tion— was read and referred as indicated: on deposits held in escrow under subpara- ‘‘(1) DTV.—The term ‘DTV’ means digital graph (A) shall be available to the United television. H. Con. Res. 150. Concurrent resolution au- States for tax reduction or deficit reduction ‘‘(2) NTSC.—The term ‘NTSC’ means the thorizing the use of the Capitol Grounds for purposes. National Television Systems Committee. an event displaying racing, restored, and ‘‘(C) Fifteen years after a DTV license is ‘‘(3) NTSC LICENSEE.—The term ‘NTSC li- customized motor vehicles and transporters; assigned to an NTSC licensee under para- censee’ means a licensee assigned a tele- to the Committee on Rules and Administra- graph (1), the licensee may relinquish its vision channel allotted for full power tele- tion. NTSC license or its DTV license. If an NTSC vision service under the Commission’s rules. f licensee relinquishes either license under ‘‘(4) OVERLAY LICENSE.— this subparagraph, then the amount of the ‘‘(A) IN GENERAL.—The term ‘overlay li- EXECUTIVE AND OTHER deposit paid by the licensee shall be returned cense’ shall be defined by the Commission. COMMUNICATIONS to the licensee, without interest, reduced by ‘‘(B) INDIVIDUALLY.—As defined by the The following communications were 20 percent for each year the licensee con- Commission, each overlay license shall laid before the Senate, together with tinues NTSC operations in excess of the 15- cover— year period beginning on the date on which ‘‘(i) a block of one or more contiguous 6 accompanying papers, reports, and doc- the DTV license is assigned to the licensee. megahertz channels; and uments, which were referred as indi- ‘‘(b) EXISTING NTSC LICENSES.— ‘‘(ii) a contiguous geographic area, cated: ‘‘(1) GRANT OF FLEXIBILITY.—An NTSC li- as determined by the Commission. EC–2543. A communication from the Man- censee with a valid NTSC license on the date ‘‘(C) COLLECTIVELY.—As defined by the aging Director of the Federal Communica- of enactment of the Electromagnetic Spec- Commission, overlay licenses shall cover col- tions Commission, transmitting, pursuant to trum Management Policy Reform and Pri- lectively— law, the report of an interim rule relative to vatization Act— ‘‘(i) all 402 megahertz of spectrum in the a freeze on paging applications (received on ‘‘(A) may provide standard NTSC tele- VHF and UHF television bands; and April 26, 1996); to the Committee on Com- vision service after such date of enactment; ‘‘(ii) the entire area of the United States. merce, Science, and Transportation. ‘‘(B) may transfer its NTSC license to any ‘‘SEC. 339. COMMISSION MAY NOT ESTABLISH DTV EC–2544. A communication from the Sec- other person who is qualified to be an NTSC STANDARDS OR DTV RECEPTION retary of the Federal Trade Commission, licensee; and SET REQUIREMENTS. transmitting, pursuant to law, the report of ‘‘(C) shall enjoy flexibility in use (within ‘‘Notwithstanding any other provision of rules relative to Premerger Notification and the meaning of that term as used in section law to the contrary, the Commission may Trade Regulation (received on April 26, 1996); 337(a)) of the license, subject to technical not— to the Committee on Commerce, Science, limits imposed by the Commission to pre- ‘‘(1) establish DTV (as defined in section and Transportation. vent interference to DTV and other NTSC as- 338(d)(1)) standards; nor EC–2545. A communication from the Gen- signments. ‘‘(2) require that television receivers man- eral Counsel of the Department of Transpor- ‘‘(2) REDUCTION OR DISCONTINUANCE OF ufactured in, or imported into, the United tation, transmitting, pursuant to law, the re- NTSC SERVICE.—An NTSC licensee may not States be capable of receiving and decoding port of a final rule (RIN 2125-AC17); to the reduce or discontinue any NTSC service un- DTV signals.’’. Committee on Environment and Public less the licensee provides comparable re- Works. placement for such service free to viewers, as SEC. 11. REPEAL OF FEES IMPOSED ON BROAD- EC–2546. A communication from the Direc- defined and approved by the Commission, in- CASTERS FOR ANCILLARY AND SUP- PLEMENTARY SERVICES. tor of the Office of Regulatory Management cluding necessary receiving equipment for and Information, Environmental Protection Section 336 of the Communications Act of all such service to be displayed on standard Agency, transmitting, pursuant to law, the 1934 (47 U.S.C. 336) is amended— NTSC receivers. An NTSC license relin- report of final rules (FRL–5455–4, FRL–5454–6, (1) by striking subsection (e); and quished by a licensee who provides such com- FRL–5455–4, FRL–5451–9, FRL–5463–9, FRL– (2) by redesignating subsections (f) and (g) parable free replacement service may not be 5459–3, FRL–5463–1, FRL–5462–7, FRL–5424–2, as subsections (e) and (f). reassigned by the Commission. FRL–5458–9, FRL–5464–1, FRL–5448–9, FRL– ‘‘(3) REASSIGNMENT OF ABANDONED OR RE- SEC. 12. SPECTRUM REPORT. 5461–7, FRL–5452–6, FRL–5465–1, FRL–5461–2); VOKED LICENSES.—An NTSC license that is— Two years after the date of enactment of to the Committee on Environment and Pub- ‘‘(A) abandoned by the licensee without this Act, the Commission shall report the re- lic Works. providing comparable free replacement serv- sults of implementation of this Act, together EC–2547. A communication from the Gen- ice (within the meaning of such term as it is with a cost-benefit analysis of such results, eral Counsel of the Department of Transpor- used in paragraph (2) of this subsection); or and any recommendations for additional leg- tation, transmitting, pursuant to law, the re- ‘‘(B) revoked by the Commission, islation related thereto, to the Committee port of final rules (RIN 2137–AC79, RIN 2120– shall be reassigned by the Commission by on Commerce, Science, and Transportation AA65, RIN 2120–AA65, RIN 2120–AA66, RIN auction for standard NTSC service, with the of the Senate and to the Committee on Com- 2127–AG22, RIN 2127–AG28, RIN 2127–AF68, same flexibility in use rights provided to merce of the House of Representatives. RIN 2127–AF79, RIN, RIN 2127–AF65, RIN other NTSC licensees. 2127–AG30, RIN 2115–AE47, RIN 2120–AA64, ‘‘(c) ASSIGNMENT OF NEW OVERLAY LI- RIN 2137–AC69) (received April 29, 1996); to f CENSES.— the Committee on Commerce, Science, and ‘‘(1) IN GENERAL.—The Commission shall Transportation. assign overlay licenses by a simultaneous, MESSAGES FROM THE PRESIDENT EC–2548. A communication from the Acting multiple round auction. Any spectrum pre- Assistant Secretary of State, Legislative Af- viously encumbered by NTSC or DTV li- Messages from the President of the fairs, transmitting, pursuant to law, a report censes that have been relinquished shall be United States were communicated to on military expenditures for countries re- available for use by overlay licensees in ac- the Senate by Mr. Thomas, one of his ceiving U.S. assistance; to the Committee on cordance with such terms and conditions, secretaries. Appropriations. consistent with the other provisions of this EC–2549. A communication from the Direc- EXECUTIVE MESSAGES REFERRED section, as the Commission may establish. tor of the Office of Regulatory Management ‘‘(2) USE.—An overlay licensee— As in executive session the Presiding and Information, Environmental Protection ‘‘(A) shall enjoy flexibility in use (within Officer laid before the Senate messages Agency, transmitting, pursuant to law, the the meaning of that term as used in section from the President of the United report of final rules (FRL–5465–5, FRL–5458–8, 337(a)) of the license, subject to— States submitting sundry nominations FRL–5465–9, FRL–5467–9, FRL–5359–5, FRL– ‘‘(i) power limits set by the Commission at which were referred to the appropriate 5364–5, FRL–5358–5, FRL–5365–2, FRL–5362–9, the boundaries of the spectrum block and committees. FRL–5360–3, FRL–4995–8, FRL–5365–6) re- service area; and ceived on April 30, 1996; to the Committee on ‘‘(ii) such additional technical restrictions (The nominations received today are Environment and Public Works. as may be imposed by the Commission to printed at the end of the Senate pro- EC–2550. A communication from the Direc- protect NTSC and DTV licensees, and au- ceedings.) tor of the Office of Regulatory Management

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4937 and Information, Environmental Protection law, the report of a rule received on May 3, H.R. 2853. A bill to authorize the extension Agency, transmitting, pursuant to law, the 1996; to the Committee on Commerce, of nondiscriminatory treatment (most-fa- report of final rules (FRL–5501–1, FRL–5500–9, Science, and Transportation. vored-nation treatment) to the products of FRL–5467–8, FRL–5501–3, FRL–5468–2, FRL– EC–2563. A communication from the Man- Bulgaria (Rept. No. 104–265). 5500–4, FRL–5364–9, FRL–5366–8, FRL–5354–1, aging Director of the Federal Communica- By Mr. THURMOND, from the Committee FRL–5365–1) received on May 3, 1996; to the tions Commission, transmitting, pursuant to on Armed Services, without amendment: Committee on Environment and Public law, the report of a rule received on May 6, S. 1710. A bill to authorize multiyear con- Works. 1996; to the Committee on Commerce, tracting for the C-17 aircraft program, and EC–2551. A communication from the Direc- Science, and Transportation. for other purposes. tor of the Office of Regulatory Management EC–2564. A communication from the Pro- f and Information, Environmental Protection gram Management Officer of the National Agency, transmitting, pursuant to law, the Marine Fisheries Service, National Oceanic EXECUTIVE REPORTS OF report of final rules (FRL–5436–1, FRL–5464–8, and Atmospheric Administration, Depart- COMMITTEES FRL–5468–5, FRL–5456–9, FRL–5467–3, FRL– ment of Commerce, transmitting, pursuant The following executive reports of 5468–8, FRL–5464–2, FRL–5466–1) received on to law, the report of a rule (RIN 0648–AG80) committees were submitted: April 30, 1996; to the Committee on Environ- received on May 6, 1996; to the Committee on ment and Public Works. Commerce, Science, and Transportation. By Mr. HATCH, from the Committee on EC–2552. A communication from the Gen- EC–2565. A communication from the Pro- the Judiciary: eral Counsel of the Department of Transpor- gram Management Officer of the National Nina Gershon, of New York, to be United tation, transmitting, pursuant to law, the re- Marine Fisheries Service, National Oceanic States District Judge for the Eastern Dis- port of a final rule (RIN 2120–AA64) received and Atmospheric Administration, Depart- trict of New York. on April 30, 1996; to the Committee on Com- ment of Commerce, transmitting, pursuant Mary Ann Vial Lemmon, of Louisiana, to merce, Science, and Transportation. to law, the report of a rule received on May be United States District Judge for the East- EC–2553. A communication from the Gen- 8, 1996; to the Committee on Commerce, ern District of Louisiana. eral Counsel of the Department of Transpor- Science, and Transportation. Edmund A. Sargus, Jr., of Ohio, to be tation, transmitting, pursuant to law, the re- EC–2566. A communication from the Pro- United States District Judge for the South- port of final rules (RIN 2120–AA64, RIN gram Management Officer of the National ern District of Ohio. 2120,AF10, RIN 2120–AA66, RIN 2125–AD90, Marine Fisheries Service, National Oceanic Dean D. Pregerson, of California, to be RIN 2127–AA67, RIN 2133–AB14) received on and Atmospheric Administration, Depart- United States District Judge for the Central May 6, 1996; to the Committee on Commerce, ment of Commerce, transmitting, pursuant District of California. Science, and Transportation. to law, the report of a rule received on May W. Craig Broadwater, of West Virginia, to EC–2554. A communication from the Gen- 8, 1996; to the Committee on Commerce, be United States District Judge for the eral Counsel of the Department of Transpor- Science, and Transportation. Northern District of West Virginia. tation, transmitting, pursuant to law, the re- EC–2567. A communication from the Asso- Walker D. Miller, of Colorado, to be United port of a final rule (RIN 2120–AA64) received ciate Director of the National Institute of States District Judge for the District of Col- on May 3, 1996; to the Committee on Com- Standards and Technology, Department of orado. merce, Science, and Transportation. Commerce, transmitting, pursuant to law, (The above nominations were re- EC–2555. A communication from the Gen- the report of rules (RIN 0693–ZA02, RIN 0693– ported with the recommendation that eral Counsel of the Department of Transpor- ZA06) received on May 3, 1996; to the Com- they be confirmed.) tation, transmitting, pursuant to law, the re- mittee on Commerce, Science, and Transpor- f port of a final rule (RIN 2120–AA64, RIN 2127– tation. AF71, RIN 2132–AA46, RIN 2120–AA66, RIN f INTRODUCTION OF BILLS AND 2115–AA97, RIN 2115–AE46, RIN 2120–AG05, JOINT RESOLUTIONS RIN 2120–AE57) received on May 3, 1996; to REPORTS OF COMMITTEES The following bills and joint resolu- the Committee on Commerce, Science, and The following reports of committees Transportation. tions were introduced, read the first EC–2556. A communication from the Ad- were submitted: and second time by unanimous con- ministrator of the National Aeronautics and By Mr. MURKOWSKI, from the Committee sent, and referred as indicated: Space Administration, transmitting, pursu- on Energy and Natural Resources, with an By Mr. ASHCROFT (for himself, Mr. ant to law, the report of the determination amendment in the nature of a substitute: LOTT, Mr. DEWINE, Mr. MACK, Mr. and findings relative to the Integrated Fi- S. 1014. A bill to improve the management HATCH, Mr. SMITH, Mr. CRAIG, and nancial Management System; to the Com- of royalties from Federal and Outer Conti- Mr. SHELBY): mittee on Commerce, Science, and Transpor- nental Shelf oil and gas leases, and for other purposes (Rept. No. 104–260). S. 1741. A bill to amend the Internal Rev- tation. enue Code of 1986 to allow a deduction for the EC–2557. A communication from the Acting By Mr. MURKOWSKI, from the Committee old-age, survivors, and disability insurance Assistant Secretary of State, Legislative Af- on Energy and Natural Resources, with an taxes paid by employees and self-employed fairs, transmitting, pursuant to law, the re- amendment in the nature of a substitute: individuals, and for other purposes; to the port of a certification regarding the inci- S. 1425. A bill to recognize the validity of Committee on Finance. dental capture of sea turtles in commercial rights-of-way granted under section 2477 of By Mr. SPECTER (for himself and Mr. shrimping operations; to the Committee on the Revised Statutes, and for other purposes SANTORUM): Commerce, Science, and Transportation. (Rept. No. 104–261). S. 1742. A bill to amend the Comprehensive EC–2558. A communication from the Sec- By Mr. MURKOWSKI, from the Committee Environmental Response, Compensation, and retary of Transportation, transmitting, pur- on Energy and Natural Resources, without Liability Act of 1980 to exempt minor parties suant to law, the annual report of the Mari- amendment: from liability under the Act, and for other time Administration for fiscal year 1995; to S. 1627. A bill to designate the visitor cen- purposes; to the Committee on Environment the Committee on Commerce, Science, and ter at Jean Lafitte National Historical Park and Public Works. Transportation. in New Orleans, LA, as the ‘‘Laura C. Hudson EC–2559. A communication from the Sec- Visitor Center.’’ (Rept. No. 104–262). f retary of Transportation, transmitting, pur- By Mr. MURKOWSKI, from the Committee STATEMENTS ON INTRODUCED suant to law, the report of the Appropriate on Energy and Natural Resources, with an Crew Size Study; to the Committee on Com- amendment in the nature of a substitute and BILLS AND JOINT RESOLUTIONS merce, Science, and Transportation. an amended preamble: By Mr. ASHCROFT (for himself, EC–2560. A communication from the Acting S.J. Res. 42. A joint resolution designating Mr. LOTT, Mr. DEWINE, Mr. the Civil War Center at Louisiana State Uni- General Counsel of the Department of Com- MACK, Mr. HATCH, Mr. SMITH, merce, transmitting, a draft of proposed leg- versity as the United States Civil War Cen- Mr. CRAIG, and Mr. SHELBY): islation entitled ‘‘The Weather Service Mod- ter, making the center the flagship institu- ernization Streamlining Act of 1996’’; to the tion for planning the sesquicentennial com- S. 1741. A bill to amend the Internal Committee on Commerce, Science, and memoration of the Civil War, and for other Revenue Code of 1986 to allow a deduc- Transportation. purposes (Rept. No. 104–263). tion for the old-age, survivors, and dis- EC–2561. A communication from the Sec- By Mr. ROTH, from the Committee on Fi- ability insurance taxes paid by employ- retary of the Consumer Product Safety Com- nance, with an amendment in the nature of ees and self-employed individuals, and mission, transmitting, pursuant to law, the a substitute: for other purposes; to the Committee report of a rule received on April 30, 1996; to H.R. 1642. A bill to extend nondiscrim- on Finance. the Committee on Commerce, Science, and inatory treatment (most-favored-nation Transportation. treatment) to the products of Cambodia, and THE WORKING AMERICANS WAGE RESTORATION EC–2562. A communication from the Man- for other purposes (Rept. No. 104–264). ACT aging Director of the Federal Communica- By Mr. ROTH, from the Committee on Fi- Mr. ASHCROFT. Mr. President, dur- tions Commission, transmitting, pursuant to nance, without amendment: ing this year when so much discussion

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4938 CONGRESSIONAL RECORD — SENATE May 9, 1996 is being focused on the future of Amer- people more now in America than we posal, which I send to the desk, is a ica, I think it is important for us to in- have taxed them at any time in his- proposal to eliminate the tax on this ventory what it is that has made tory. We tax people more than we tax. Mr. President, I submit a bill for America a place of opportunity and a taxed them to fight the war in Viet- filing today at this time. land which has welcomed individuals nam, to win the Second World War. We The PRESIDING OFFICER. The bill with initiative and industry from tax people more now than we taxed will be received and appropriately re- around the world. I think one of the them to spend our way out of the Great ferred. key components of the American cul- Depression. We made the world safe for Mr. ASHCROFT. Mr. President, this ture which has allowed that to happen democracy in World War I taxing peo- bill has endorsements of a wide variety has been the component of growth. We ple a lot less than we tax people now. of groups and individuals. Jack Kemp, have understood that the purpose of It is beginning to dawn on America, who was the chairman of the Tax Re- government is to provide a framework on citizens, that we have had growth in form Commission, appointed by our for growth, that growth should be the taxes but we have not had growth in leader, has endorsed this. It was a part characteristic which identifies Amer- wages. People are beginning to under- of the Commission report. Carroll ica as the land of opportunity. As a stand that what you choose to spend by Campbell, of the Tax Reform Commis- sion; Grover Norquist, Americans for matter of fact, that citizens and cor- government you cannot choose to Tax Reform; David Keating, National porations, individuals, and institutions spend as individuals. The Government Taxpayers Union; David Keene and Bill should enjoy conditions of growth— has stolen the increase in wages from Pascoe, American Conservative Union; that is the reason to have government. people, the working people of the Steve Moore, Cato Institute; Jack It is the reason to have public safety, United States, for the last several Faris, NFIB; Steve Entin, of IRET; so people can grow and develop. It is years. The tax increases of this decade, Aldona Robbins, Fiscal Associates; the reason to have national defense, so including the 1993 tax increase of Presi- Tom Schatz, of Citizens Against Gov- the Nation can grow. Not that we dent Clinton, the largest tax increase ernment Waste; Jim Carter, of the would have big government, but that in the history of America, has literally RNC; Greg Conko, of Competitive En- we would have a largeness in terms of siphoned off the pay increase, the take- terprise Institute; Paul Huard, Na- opportunity and citizenship; so that we home pay addition that people would tional Association of Manufacturers; could, indeed, meet the needs of the have had in the United States. It is Paul Beckner, Nancy Mitchell, and next generation. time for us to understand that high It has been the kind of thing that has taxes have hurt the ability of people to Decy Gray, Citizens for a Sound Econ- allowed us, as a country, to welcome have more take-home pay. omy; Beau Boulter, of the United Sen- all comers. It is the kind of thing that I would like to correct this. I think iors Association, has endorsed this; inspired Emma Lazarus to write the we ought to correct this. I think it is Karen Kerrigan, of the Small Business poem on the base of the Statue of Lib- time for us to give people back the Survival Committee; J. D. Foster, of erty: taxes which we took from them. It is the Tax Foundation; David L. Thomp- time for us to restore to the American son, the Business Leadership Council— Give me your tired, your poor, all have endorsed this matter, and we Your huddled masses yearning to breathe people the wage increases which have free, been stolen by Government. So it is my are grateful for their endorsements. The wretched refuse of your teeming shore, privilege today to introduce a measure, This matter is cosponsored in the Send these, the homeless, tempest-tossed, to which I think is important to millions Senate by Senators LOTT, DEWINE, me: and millions of working Americans. MACK, HATCH, SMITH, CRAIG, and SHEL- I lift my lamp beside the golden door. I want to introduce the Working BY and sponsored in the House by Con- That is only available—we can only Americans Wage Restoration Act. This gressman NETHERCUTT, cosponsored by have that kind of optimism about the measure is a measure which is designed Congressmen CRANE, HOSTETTLER and future—if we have growth, if we pro- to increase the take-home pay of well Congresswoman DUNN. I thank all of these people, along with Gordon Jones, mote growth; growth not for the gov- over 77 million working Americans. It of the Seniors Coalition, for their par- ernment but growth for the commu- is a measure which would say that in- ticipation in promoting this important nity, growth for the citizen, growth for dividuals, when they pay their Social the individual. That is the purpose of idea. Security taxes, have a right to deduct Mr. President, I yield the floor. government. that tax payment from their income Mr. CRAIG. Mr. President, I am Yet, during the 1990’s we find our- taxes. The payroll taxes, the Social Se- pleased to join my colleague from Mis- selves with a sense of discomfort, a curity taxes, would continue to be souri, JOHN ASHCROFT, in the introduc- sense of dis-ease, if you will, not dis- paid. There is nothing in this measure tion of this legislation, and I thank ease, but dis-ease. We find that work- which would impair the Social Secu- him for the thoughtfulness and, most ers’ wages are stagnant, some of them rity trust fund. But right now Amer- important, the foresightedness that I slipping. And we do not have that sense ican workers are being taxed on a tax. think this legislation represents. of growth. We do not find ourselves They pay their Social Security taxes The Senator spoke well when he said with that large reservoir of confidence but they also have to pay income tax Americans will not for long tolerate that is rightfully American. What on the money they use to pay their So- double taxation, and it is unique in the should we do? Where are we? People cial Security tax. A tax on a tax is area of Social Security taxes that we feel that we are adrift. something America has never long tol- allow corporate America, in their We have a forgotten middle class. It erated. It is time for us to say that we partnering in this tax, to deduct it, but has been detected in the Presidential will not double tax American workers we do not allow the individual who campaigns. It has been understood by in this way. must pay that tax do so. So, as a result people who have been out among the It is especially egregious, it is espe- of the first $62,700 of income, the indi- voters. You and I have detected it when cially aggravating, it is a special af- vidual is, in essence, double taxed. we have talked to folks. They feel like front to the American people to say to My colleague from Missouri today there is a flatness, there is a staleness. them that you have to pay this tax on has introduced legislation in essence You feel like there has not been any a tax. Half the tax is paid by people, saying that the time of that fallacy is growth. Then you begin to look for a the other half is paid by corporations. over and that, if we really want to re- reason. All of a sudden it becomes ap- And, guess what, corporations do not store the wage-earning capability of parent. The Commerce Department of pay a tax on a tax. Corporations can the American worker, we should let the U.S. Government last week told us deduct from their income tax the them keep the money they have about growth. It told us about the amount of Social Security tax they pay earned, and we do so with this legisla- growth in the amount of taxes that as a part of the payroll tax. tion today. For a typical two-income government has been taking from indi- So it is time for us to provide equity family—and most families are becom- viduals. It told us that we have reached to the American people. For most ing that now—the Federal income tax an all-time high in terms of the taxes Americans, the payroll tax is the most liability would be dropped by more that individuals are paying. We tax substantial of all taxes. So my pro- than $1,000.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4939 Here we are at this moment on the lessen their ability to profit when we to spend. We might have to reduce this floor of the Senate trying to resolve increase the cost of their tools, their program or that program.’’ the issue of a Federal gas tax that pulls tools of incomemaking, if you will. Mr. President, we just left tax free- billions of dollars out of the pocket- That is part of what this debate is all dom day. We just said to the American book of the American taxpayer. We about. But the idea that we would use taxpayer, ‘‘Today is the day when have seen a frustration expressed by a gas tax, which we have traditionally you’ve paid your taxes, and you can working men and women in this coun- directed toward roads and bridges and start earning for yourself.’’ Last week try for the last several years that they improving the transportation of our I stood on the floor of the Senate and just do not get ahead. They keep get- country and, therefore, improving the said that the first 3 hours of every ting a salary increase, but nothing ability of this economy to expand that working day the taxpayer, or the work- comes home, which does not translate my colleague from Missouri talks er, spent their time working for Gov- into money in the back pocket or about—the business of growth in the ernment, both at the State and Federal money to buy the new car or money to economy should be the business of Gov- level. help finance their children’s education ernment not getting in the way but Somehow that must change if we are or money to improve their lifestyle in staying out of the way and promoting to get the kind of productivity in our some form. that growth. The gas tax has been one economy, job creation and self-well- In fact, out of all that frustration, that always has. It has promoted being to once again brighten the Amer- and while our President talks about a growth in the economy by the building ican dream instead of progressively strong economy, it is an economy that of roads and bridges and allowing the dimming it, as Government can so suc- is just millions of jobs less strong than kind of flow of labor that has been the cessfully do if it constantly takes away it ought to be for the very reason that hallmark of our society. from the individuals their ability to the Senator from Missouri has so But this President, President Clin- earn, save, invest, retain, provide for articulately spoken: the dragdown, if ton, said, ‘‘I need that money to pay themselves and their families. you will, of the ability of the American for social programs,’’ even when in So I thank my colleague from Mis- producers, working men and women, to 1992, Candidate Clinton said, ‘‘I won’t souri for his insightfulness and innova- retain that which they work so hard increase the gas tax. It’s the wrong tiveness in proposing this legislation. I for and, therefore, to collect it, to put kind of thing to do. It does not allow hope that in the coming year this be- it in savings, if they will, to spend it the economy to grow and expand.’’ comes a major part of what this Con- for their own purposes, to provide for But of course, promises made, prom- gress is about and what this Senate is their children. ises broken, tax increase, billions of about in providing for the American In other words, the American dream dollars now pouring out of the econ- people. does not quite seem to be as clear as it omy of our country and into the hands used to be. I suggest, Mr. President, of Government to be spent in social By Mr. SPECTER (for himself that one of the reasons is this kind of programs. and Mr. SANTORUM) Government intrusion, if you will, dou- Is it a big part of the gas increase, S. 1742. A bill to amend the Com- ble taxation. The legislation, the the fuel costs that consumers are about prehensive Environmental Response, Working Americans Wage Restoration today? No, it is not, but it is an impor- Compensation, and Liability Act of Act, introduced today by my colleague, tant issue to be debated and voted upon 1980 to exempt minor parties from li- JOHN ASHCROFT, that I have cospon- to return not only the gas tax to its ability under the act, and for other sored along with others, in my opinion, traditional use but to reduce the over- purposes; to the Committee on Envi- begins to, once again, brighten the all ability of Government to spend and ronment and Public Works. American dream. to expand programs. THE SUPERFUND MINOR PARTY LIABILITY It is part of what we are here on the You are going to hear more talk RELIEF ACT OF 1996 floor debating today. Some of our col- today, as you have had for the last sev- Mr. SPENCER. Mr. President, today leagues argue that the way you solve eral days, that somehow this does dam- I am introducing legislation to expe- the human crisis in this country, no age to Government. I suggest you just dite the cleanup of our Nation’s toxic matter how that crisis is defined, is to cut the spending of Government in di- waste sites. My bill, the Superfund bring about a Government program. I rect relation to the amount of revenue Minor Party Liability Relief Act, suggest that most Americans in our that will remain not as a tax but as an would exempt minor parties that con- country today can solve their own cri- income to the consumer in the contribute insignificant levels of waste to ses if they simply have the tools of so- sumer’s pocket. such sites from liability under the lution. One of the great tools of solu- Right now, every time that consumer Superfund law. This will reduce the tion for problem solving is the ability pulls up to a gas pump, sticks the noz- litigation brought by the primary pol- to retain your own earnings so you can zle in the tank of their car, they see a luters of toxic waste sites and reduce spend it for yourself and your family to tremendous outpouring from the pock- the current delays in cleaning up the improve your lot in society or to cor- etbook. sites. rect a problem that has somehow gone So, if we were to pass legislation of Since the 1980 enactment of the wrong. the kind just introduced by my col- Superfund law, 1,321 sites have been This legislation offers that oppor- league from Missouri, if we were to re- placed on the National Priorities List. tunity, and I hope that it gets heard, peal the gas tax and allow that to re- I find it disturbing, however, that 16 gets debated. I relish an opportunity main in the pocket of the consumer, we years later only 83 sites have been for the Senate to debate it and vote would see the kind of growth and job cleaned up and removed from the list. I upon it. creation in our economy that we have am also troubled by a recent report Mr. President, as we will in the next not seen, that cannot be talked about issued by the RAND Corp. which found little while decide whether this Senate by this administration because of the that transaction costs for industrial is going to vote on a gas tax repeal or taxes that have been pushed through firms and insurance companies, rep- whether we are going to find some stifling the overall ability of that econ- resenting primarily legal fees, account loophole, as the other side now strug- omy to grow. for up to 88 percent of their total gles to do to argue that this is no good, Growth, progrowth, work incentives, Superfund-related expenses. is going to be a unique challenge for all 500,000 new jobs possibly created by the Pennsylvania has 110 Superfund sites, of us. legislation of the Senator from Mis- many of which have been on the Na- Like you, I did not vote for this gas souri, that two-income family being tional Priorities List for years. The tax increase. I am a Westerner, and I able to retain more of their income, Congressional Budget Office estimates recognize the kind of burden you place $1,000-plus a year—that is the type of the average cleanup time for Superfund on somebody who must commute the thing this Congress ought to be talking sites to be approximately 12 years. One long miles in the West, or the farmer about and doing something about in- such site, the Keystone Sanitation or rancher who uses fuel as a tremen- stead of talking about, ‘‘Oh, my good- landfill, located in Adams County, PA, dous tool of their production, and we ness, this takes away from our ability was added to the National Priorities

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4940 CONGRESSIONAL RECORD — SENATE May 9, 1996 List July 22, 1987. The Environmental ADDITIONAL COSPONSORS care-eligible beneficiaries under Protection Agency selected the remedy S. 684 TRICARE. for cleaning up the site in 1990. The At the request of Mr. HATFIELD, the S. 1657 site, however, remains contaminated as names of the Senator from Maryland At the request of Mr. FAIRCLOTH, the a multitude of minor party defendants [Mr. SARBANES] and the Senator from name of the Senator from New Hamp- with little or no responsibility for the Arizona [Mr. MCCAIN] were added as co- shire [Mr. SMITH] was added as a co- environmental contamination of the sponsors of S. 684, a bill to amend the sponsor of S. 1657, a bill requiring the site are forced to litigate to protect Public Health Service Act to provide Secretary of the Treasury to make rec- their rights and the courts are tied up for programs of research regarding Par- ommendations for reducing the na- with endless motions and appeals. kinson’s disease, and for other pur- tional debt. I am concerned with the impact of poses. S. 1740 such a delay on the adults and children S. 1144 At the request of Mr. NICKLES, the who live and play in close proximity to At the request of Mr. MURKOWSKI, the names of the Senator from Indiana the Keystone site. The site continues name of the Senator from Wyoming [Mr. COATS], the Senator from North to be a source of ground water con- [Mr. SIMPSON] was added as a cosponsor Carolina [Mr. HELMS], the Senator tamination, which, if left untreated, of S. 1144, a bill to reform and enhance from Oklahoma [Mr. INHOFE], and the will continue to threaten the health the management of the National Park Senator from North Carolina [Mr. and safety of local residents. System, and for other purposes. FAIRCLOTH] were added as cosponsors of This legislation would reduce such S. 1145 S. 1740, a bill to define and protect the delays in remediating toxic waste sites At the request of Mr. FAIRCLOTH, the institution of marriage. by forcing the primary parties respon- name of the Senator from Arizona [Mr. SENATE CONCURRENT RESOLUTION 42 sible for the pollution to focus on re- KYL] was added as a cosponsor of S. At the request of Mrs. KASSEBAUM, storing sites to a safe condition instead 1145, a bill to abolish the Department the name of the Senator from North of using their resources to shift blame of Housing and Urban Development and Dakota [Mr. CONRAD] was added as a to the multitude of minor contributors provide for reducing Federal spending cosponsor of Senate Concurrent Reso- of negligible amount of waste. My bill for housing and community develop- lution 42, a concurrent resolution con- will reduce the waste of money and ment activities by consolidating and cerning the emancipation of the Ira- time by exempting minor parties from eliminating programs, and for other nian Baha’i community. liability at the outset, when a site is purposes. SENATE RESOLUTION 226 selected for the National Priorities S. 1419 At the request of Mr. DOMENICI, the List. This should expedite the legal At the request of Mrs. KASSEBAUM, names of the Senator from Montana proceedings and encourage major pol- the name of the Senator from Arizona [Mr. BURNS], the Senator from Rhode luters to work constructively with fed- [Mr. KYL] was added as a cosponsor of Island [Mr. CHAFEE], the Senator from eral, state, and local governments on S. 1419, a bill to impose sanctions Vermont [Mr. JEFFORDS], the Senator actual cleanup. against Nigeria. from Oklahoma [Mr. INHOFE], and the Specifically, this bill would exempt S. 1487 Senator from Oklahoma [Mr. NICKLES] from liability those minor parties who At the request of Mr. GRAMM, the were added as cosponsors of Senate have only contributed up to 110 gallons name of the Senator from South Da- Resolution 226, a resolution to pro- of liquid material or up to 200 pounds kota [Mr. PRESSLER] was added as a co- claim the week of October 13 through of solid material to a contaminated sponsor of S. 1487, a bill to establish a October 19, 1996, as ‘‘National Char- site. This exemption, however, would demonstration project to provide that acter Counts Week.’’ not apply to parties considered to have the Department of Defense may receive f contributed significantly to a site’s Medicare reimbursement for health contamination. Thus, on Superfund care services provided to certain Medi- AMENDMENTS SUBMITTED sites containing tens of thousands of care-eligible covered military bene- gallons of liquid contamination, or ficiaries. THE WHITE HOUSE TRAVEL OF- tons of solid hazardous waste, we would S. 1578 FICE EXPENSES AND FEES REIM- narrow the litigation field to only the At the request of Mr. FRIST, the significant parties. I am willing to ex- names of the Senator from Arkansas BURSEMENT ACT amine whether or not these are the ap- [Mr. BUMPERS], the Senator from Ha- propriate levels, but I am advised by waii [Mr. INOUYE], and the Senator DOLE AMENDMENT NO. 3961 some of the litigants involved in Penn- from New Mexico [Mr. BINGAMAN] were sylvania Superfund cleanups that such added as cosponsors of S. 1578, a bill to Mr. DOLE proposed an amendment to relief will go a long way toward alle- amend the Individuals with Disabilities amendment No. 3955 proposed by him viating the undue burden they cur- Education Act to authorize appropria- to the bill (H.R. 2937) for the reim- rently face. tions for fiscal years 1997 through 2002, bursement of legal expenses and related fees incurred by former employ- It is unclear whether Congress will fi- and for other purposes. ees of the White House Travel Office nally enact comprehensive Superfund S. 1610 with respect to the termination of reform legislation this year. Therefore, At the request of Mr. BOND, the name their employment in that Office on I urge my colleagues, many of whom of the Senator from Minnesota [Mr. May 19, 1993; as follows: represent communities with similar GRAMS] was added as a cosponsor of S. situations, to consider passing this im- 1610, a bill to amend the Internal Rev- Strike the word ‘‘enactment’’ and insert portant commonsense reform. There is enue Code of 1986 to clarify the stand- the following: a broad consensus among the American ards used for determining whether indi- TITLE —FUEL TAX RATES people that we ought to alleviate the viduals are not employees. SEC. . REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES ENACTED BY THE OMNI- unfair cost burden placed on small S. 1639 BUS BUDGET RECONCILIATION ACT businesses and cash strapped munici- At the request of Mr. DOLE, the name OF 1993 AND DEDICATED TO GEN- palities by ensuring that the parties of the Senator from Alaska [Mr. MUR- ERAL FUND OF THE TREASURY. most responsible for the existence of KOWSKI] was added as a cosponsor of S. (a) IN GENERAL.—Section 4081 of the Inter- toxic waste sites are the ones respon- 1639, a bill to require the Secretary of nal Revenue Code of 1986 (relating to imposi- sible for remediating the sites. I be- Defense and the Secretary of Health tion of tax on gasoline and diesel fuel) is lieve this bill will go a long way toward and Human Services to carry out a amended by adding at the end the following new subsection: simplifying and expediting the Super- demonstration project to provide the ‘‘(f) REPEAL OF 4.3-CENT INCREASE IN FUEL fund cleanup process and I encourage Department of Defense with reimburse- TAX RATES ENACTED BY THE OMNIBUS BUDGET my colleagues to support this legisla- ment from the Medicare Program for RECONCILIATION ACT OF 1993 AND DEDICATED TO tion. health care services provided to Medi- GENERAL FUND OF THE TREASURY.—

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‘‘(1) IN GENERAL.—During the applicable pe- such terms by section 6412 of such Code; ex- term by subsection (a) of section 1563 of such riod, each rate of tax referred to in para- cept that the term ‘‘dealer’’ includes a pro- Code; except that for such purposes the graph (2) shall be reduced by 4.3 cents per ducer, and phrase ‘‘more than 50 percent’’ shall be sub- gallon. (2) the term ‘‘tax repeal date’’ means the stituted for the phrase ‘‘at least 80 percent’’ ‘‘(2) RATES OF TAX.—The rates of tax re- 7th day after the date of the enactment of each place it appears in such subsection. ferred to in this paragraph are the rates of this Act. (B) NONINCORPORATED PERSONS UNDER COM- tax otherwise applicable under— (e) CERTAIN RULES TO APPLY.—Rules simi- MON CONTROL.—Under regulations prescribed ‘‘(A) subsection (a)(2)(A) (relating to gaso- lar to the rules of subsections (b) and (c) of by the Secretary, principles similar to the line and diesel fuel), section 6412 of such Code shall apply for pur- principles of subparagraph (A) shall apply to ‘‘(B) sections 4091(b)(3)(A) and 4092(b)(2) (re- poses of this section. a group of persons under common control lating to aviation fuel), SEC. 4. FLOOR STOCKS TAX. where 1 or more of such persons is not a cor- ‘‘(C) section 4042(b)(2)(C) (relating to fuel (a) IMPOSITION OF TAX.—In the case of any poration. used on inland waterways), liquid on which tax was imposed under sec- (g) OTHER LAW APPLICABLE.—All provisions ‘‘(D) paragraph (1) or (2) of section 4041(a) tion 4081 or 4091 of the Internal Revenue Code of law, including penalties, applicable with (relating to diesel fuel and special fuels), of 1986 before January 1, 1997, and which is respect to the taxes imposed by section 4081 ‘‘(E) section 4041(c)(2) (relating to gasoline held on such date by any person, there is of such Code in the case of gasoline and die- used in noncommercial aviation), and hereby imposed a floor stocks tax of 4.3 cents sel fuel and section 4091 of such Code in the ‘‘(F) section 4041(m)(1)(A)(i) (relating to per gallon. case of aviation fuel shall, insofar as applica- certain methanol or ethanol fuels). (b) LIABILITY FOR TAX AND METHOD OF PAY- ble and not inconsistent with the provisions of this subsection, apply with respect to the ‘‘(3) COMPARABLE TREATMENT FOR COM- MENT.— floor stock taxes imposed by subsection (a) PRESSED NATURAL GAS.—No tax shall be im- (1) LIABILITY FOR TAX.—A person holding a posed by section 4041(a)(3) on any sale or use liquid on January 1, 1997, to which the tax to the same extent as if such taxes were imposed by such section 4081 or 4091. during the applicable period. imposed by subsection (a) applies shall be ‘‘(4) COMPARABLE TREATMENT UNDER CER- liable for such tax. SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE PASSED ON TO CONSUMERS. TAIN REFUND RULES.—In the case of fuel on (2) METHOD OF PAYMENT.—The tax imposed (a) PASSTHROUGH TO CONSUMERS.— which tax is imposed during the applicable by subsection (a) shall be paid in such man- (1) SENSE OF CONGRESS.—It is the sense of period, each of the rates specified in sections ner as the Secretary shall prescribe. Congress that— 6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A), (3) TIME FOR PAYMENT.—The tax imposed (A) consumers immediately receive the 6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be re- by subsection (a) shall be paid on or before benefit of the repeal of the 4.3-cent increase duced by 4.3 cents per gallon. June 30, 1997. in the transportation motor fuels excise tax ‘‘(5) COORDINATION WITH HIGHWAY TRUST (c) DEFINITIONS.—For purposes of this sec- rates enacted by the Omnibus Budget Rec- FUND DEPOSITS.—In the case of fuel on which tion— onciliation Act of 1993, and tax is imposed during the applicable period, (1) HELD BY A PERSON.—A liquid shall be (B) transportation motor fuels producers each of the rates specified in subparagraphs considered as ‘‘held by a person’’ if title and other dealers take such actions as nec- (A)(i) and (C)(i) of section 9503(f)(3) shall be thereto has passed to such person (whether essary to reduce transportation motor fuels reduced by 4.3 cents per gallon. or not delivery to the person has been made). prices to reflect the repeal of such tax in- ‘‘(6) APPLICABLE PERIOD.—For purposes of (2) GASOLINE AND DIESEL FUEL.—The terms crease, including immediate credits to cus- this subsection, the term ‘applicable period’ ‘‘gasoline’’ and ‘‘diesel fuel’’ have the respec- tomer accounts representing tax refunds al- means the period after the 6th day after the tive meanings given such terms by section lowed as credits against excise tax deposit date of the enactment of this subsection and 4083 of such Code. payments under the floor stocks refund pro- before January 1, 1997.’’ (3) AVIATION FUEL.—The term ‘‘aviation visions of this Act. (b) EFFECTIVE DATE.—The amendment fuel’’ has the meaning given such term by (2) STUDY.— made by this section shall take effect on the section 4093 of such Code. date of the enactment of this Act. (A) IN GENERAL.—The Comptroller General (4) SECRETARY.—The term ‘‘Secretary’’ of the United States shall conduct a study of SEC. 3. FLOOR STOCK REFUNDS. means the Secretary of the Treasury or his the repeal of the 4.3-cent increase in the fuel (a) IN GENERAL.—If— delegate. tax imposed by the Omnibus Budget Rec- (1) before the tax repeal date, tax has been (d) EXCEPTION FOR EXEMPT USES.—The tax onciliation of 1993 to determine whether imposed under section 4081 or 4091 of the In- imposed by subsection (a) shall not apply to there has been a passthrough of such repeal. ternal Revenue Code of 1986 on any liquid, gasoline, diesel fuel, or aviation fuel held by (B) REPORT.—Not later than January 31, and any person exclusively for any use to the ex- 1997, the Comptroller General of the United (2) on such date such liquid is held by a tent a credit or refund of the tax imposed by States shall report to the Committee on Fi- dealer and has not been used and is intended section 4081 or 4091 of such Code is allowable nance of the Senate and the Committee on for sale, for such use. Ways and Means of the House of Representa- there shall be credited or refunded (without (e) EXCEPTION FOR FUEL HELD IN VEHICLE tives the results of the study conducted interest) to the person who paid such tax TANK.—No tax shall be imposed by sub- under subparagraph (A). (hereafter in this section referred to as the section (a) on gasoline or diesel fuel held in ‘‘taxpayer’’) an amount equal to the excess the tank of a motor vehicle or motorboat. SEC. ll. AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF ADMINISTRATION of the tax paid by the taxpayer over the (f) EXCEPTION FOR CERTAIN AMOUNTS OF amount of such tax which would be imposed OF THE DEPARTMENT OF ENERGY. FUEL.— Section 660 of the Department of Energy on such liquid had the taxable event oc- (1) IN GENERAL.—No tax shall be imposed curred on such date. Organization Act (42 U.S.C. 7270) is amend- by subsection (a)— ed— (b) TIME FOR FILING CLAIMS.—No credit or (A) on gasoline held on January 1, 1997, by refund shall be allowed or made under this (1) by inserting ‘‘(a) IN GENERAL.—’’ before any person if the aggregate amount of gaso- ‘‘APPROPRIATIONS’’; and section unless— line held by such person on such date does (1) claim therefor is filed with the Sec- (2) by adding at the end the following: not exceed 4,000 gallons, and ‘‘(b) FISCAL YEARS 1997 THROUGH 2002.— retary of the Treasury before the date which (B) on diesel fuel or aviation fuel held on is 6 months after the tax repeal date, and There are authorized to be appropriated for such date by any person if the aggregate salaries and expenses of the Department of (2) in any case where liquid is held by a amount of diesel fuel or aviation fuel held by dealer (other than the taxpayer) on the tax Energy for departmental administration and such person on such date does not exceed other activities in carrying out the purposes repeal date— 2,000 gallons. of this Act— (A) the dealer submits a request for refund ‘‘(1) $104,000,000 for fiscal year 1997; or credit to the taxpayer before the date The preceding sentence shall apply only if ‘‘(2) $104,000,000 for fiscal year 1998; which is 3 months after the tax repeal date, such person submits to the Secretary (at the ‘‘(3) $100,000,000 for fiscal year 1999; and time and in the manner required by the Sec- ‘‘(4) $90,000,000 for fiscal year 2000; (B) the taxpayer has repaid or agreed to retary) such information as the Secretary ‘‘(5) $90,000,000 for fiscal year 2001; and repay the amount so claimed to such dealer shall require for purposes of this paragraph. ‘‘(6) $90,000,000 for fiscal year 2002.’’. or has obtained the written consent of such (2) EXEMPT FUEL.—For purposes of para- dealer to the allowance of the credit or the graph (1), there shall not be taken into ac- SPECTRUM AUCTION making of the refund. count fuel held by any person which is ex- SEC. . SPECTRUM AUCTIONS. (c) EXCEPTION FOR FUEL HELD IN RETAIL empt from the tax imposed by subsection (a) (a) COMMISSION OBLIGATION TO MAKE ADDI- STOCKS.—No credit or refund shall be allowed by reason of subsection (d) or (e). TIONAL SPECTRUM AVAILABLE BY AUCTION.— under this section with respect to any liquid (3) CONTROLLED GROUPS.—For purposes of (1) IN GENERAL.—The Federal Communica- in retail stocks held at the place where in- this subsection— tions Commission shall complete all actions tended to be sold at retail. (A) CORPORATIONS.— necessary to permit the assignment, by (d) DEFINITIONS.—For purposes of this sec- (i) IN GENERAL.—All persons treated as a March 31, 1998, by competitive bidding pursu- tion— controlled group shall be treated as 1 person. ant to section 309(j) of the Communications (1) the terms ‘‘dealer’’ and ‘‘held by a deal- (ii) CONTROLLED GROUP.—The term ‘‘con- Act of 1934 (47 U.S.C. 309(j)) of licenses for er’’ have the respective meanings given to trolled group’’ has the meaning given to such the use of bands of frequencies that—

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4942 CONGRESSIONAL RECORD — SENATE May 9, 1996 (A) individually span not less than 12.5 sessable deposits of each insured depository (II) as of the date of that transaction, had megahertz, unless a combination of smaller institution at a rate applicable to all such assets of less than $150,000,000. bands can, notwithstanding the provisions of institutions that the Board of Directors, in (B) DEFINITION.—For purposes of this para- paragraph (7) of such section, reasonably be its sole discretion, determines (after taking graph, an institution shall be deemed to have expected to produce greater receipts; into account the adjustments described in held SAIF-assessable deposits prior to Janu- (B) in the aggregate span not less than 25 subsections (g) through (j)) will cause the ary 1, 1993, if— megahertz; Savings Association Insurance Fund to (i) it directly held SAIF-assessable insured (C) are located below 3 gigahertz; and achieve the designated reserve ratio on deposits prior to that date; or (D) have not, as of the date of enactment of March 31, 1996. (ii) it succeeded to, acquired, purchased, or this Act— (b) FACTORS TO BE CONSIDERED.—In car- otherwise holds any SAIF-assessable depos- (i) been assigned or designated by Commis- rying out subsection (a), the Board of Direc- its as of the date of enactment of this Act sion regulation for assignment pursuant to tors shall base its determination on— that were SAIF-assessable deposits prior to such section; (1) the monthly Savings Association Insur- January 1, 1993. (ii) been identified by the Secretary of ance Fund balance most recently calculated; (3) EXEMPT INSTITUTIONS REQUIRED TO PAY Commerce pursuant to section 113 of the Na- (2) data on insured deposits reported in the ASSESSMENTS AT FORMER RATES.— tional Telecommunications and Information most recent reports of condition filed not (A) PAYMENTS TO SAIF AND DIF.—Any in- Administration Organization Act (47 U.S.C. later than 70 days before the date of enact- sured depository institution that the Board 923); or ment of this Act by insured depository insti- of Directors exempts under this subsection (iii) reserved for Federal Government use tutions; and from paying the special assessment imposed pursuant to section 305 of the Communica- (3) any other factors that the Board of Di- under this section shall pay semiannual as- tions Act of 1934 (47 U.S.C. 305). rectors deems appropriate. sessments— (2) CRITERIA FOR REASSIGNMENT.—In mak- (c) DATE OF DETERMINATION.—For purposes (i) during calendar years 1996 and 1997, into ing available bands of frequencies for com- of subsection (a), the amount of the SAIF-as- the Savings Association Insurance Fund, petitive bidding pursuant to paragraph (1), sessable deposits of an insured depository in- based on SAIF-assessable deposits of that in- the Commission shall— stitution shall be determined as of March 31, stitution, at assessment rates calculated (A) seek to promote the most efficient use 1995. under the schedule in effect for Savings As- (d) DATE PAYMENT DUE.—The special as- of the spectrum; sociation Insurance Fund members on June sessment imposed under this section shall be (B) take into account the cost to incum- 30, 1995; and paid to the Corporation not later than 60 bent licensees of relocating existing uses to (ii) during calendar years 1998 and 1999— days after the date of enactment of this Act. other bands of frequencies or other means of (I) into the Deposit Insurance Fund, based (e) ASSESSMENT DEPOSITED IN SAIF.—Not- communication; withstanding any other provision of law, the on SAIF-assessable deposits of that institu- (C) take into account the needs of public proceeds of the special assessment imposed tion as of December 31, 1997, at assessment safety radio services; under this section shall be deposited in the rates calculated under the schedule in effect (D) comply with the requirements of inter- Savings Association Insurance Fund. for Savings Association Insurance Fund national agreements concerning spectrum (f) EXEMPTIONS FOR CERTAIN INSTITU- members on June 30, 1995; or allocations; and TIONS.— (II) in accordance with clause (i), if the (E) take into account the costs to satellite (1) EXEMPTION FOR WEAK INSTITUTIONS.— Bank Insurance Fund and the Savings Asso- service providers that could result from mul- (A) IN GENERAL.—The Board of Directors ciation Insurance Fund are not merged into tiple auctions of like spectrum internation- may, by order, in its sole discretion, exempt the Deposit Insurance Fund. ally for global satellite systems. any insured depository institution that the (B) OPTIONAL PRO RATA PAYMENT OF SPE- (b) FEDERAL COMMUNICATIONS COMMISSION Board of Directors determines to be weak, CIAL ASSESSMENT.—This paragraph shall not MAY NOT TREAT THIS SECTION AS CONGRES- from paying the special assessment imposed apply with respect to any insured depository SIONAL ACTION FOR CERTAIN PURPOSES.—The under this section if the Board of Directors institution (or successor insured depository Federal Communication Commission may determines that the exemption would reduce institution) that has paid, during any cal- not treat the enactment of this Act or the risk to the Savings Association Insurance endar year from 1997 through 1999, upon such inclusion of this section in this Act as an ex- Fund. terms as the Corporation may announce, an pression of the intent of Congress with re- (B) GUIDELINES REQUIRED.—Not later than amount equal to the product of— spect to the award of initial licenses of con- 30 days after the date of enactment of this (i) 12.5 percent of the special assessment struction permits for Advanced Television Act, the Board of Directors shall prescribe that the institution would have been re- Services, as described by the Commission in guidelines setting forth the criteria that the quired to pay under subsection (a), if the its letter of February 1, 1996, to the Chair- Board of Directors will use in exempting in- Board of Directors had not exempted the in- man of the Senate Committee on Commerce, stitutions under subparagraph (A). Such stitution; and Science, and Transportation. guidelines shall be published in the Federal (ii) the number of full semiannual periods TITLE I—BANKING, HOUSING, AND Register. remaining between the date of the payment RELATED PROVISIONS (2) EXEMPTION FOR CERTAIN NEWLY CHAR- and December 31, 1999. (g) SPECIAL ELECTION FOR CERTAIN INSTITU- SEC. 1001. TABLE OF CONTENTS. TERED AND OTHER DEFINED INSTITUTIONS.— TIONS FACING HARDSHIP AS A RESULT OF THE The table of contents for this title is as fol- (A) IN GENERAL.—In addition to the institu- SPECIAL ASSESSMENT.— lows: tions exempted from paying the special assessment under paragraph (1), the Board of (1) ELECTION AUTHORIZED.—If— TITLE I—BANKING, HOUSING, AND Directors shall exempt any insured deposi- (A) an insured depository institution, or RELATED PROVISIONS tory institution from payment of the special any depository institution holding company Sec. 1001. Table of contents. assessment if the institution— which, directly or indirectly, controls such Sec. 1011. Special assessment to capitalize (i) was in existence on October 1, 1995, and institution, is subject to terms or covenants SAIF. held no SAIF-assessable deposits prior to in any debt obligation or preferred stock Sec. 1012. Financing Corporation assess- January 1, 1993; outstanding on September 13, 1995; and ments shared proportionally by (ii) is a Federal savings bank which— (B) the payment of the special assessment all insured depository institu- (I) was established de novo in April 1994 in under subsection (a) would pose a significant tions. order to acquire the deposits of a savings as- risk of causing such depository institution Sec. 1013. Merger of BIF and SAIF. sociation which was in default or in danger or holding company to default or violate any Sec. 1014. Creation of SAIF Special Reserve. of default; and such term or covenant, Sec. 1015. Refund of amounts in deposit in- (II) received minority interim capital as- the depository institution may elect, with surance fund in excess of des- sistance from the Resolution Trust Corpora- the approval of the Corporation, to pay such ignated reserve amount. tion under section 21A(w) of the Federal special assessment in accordance with para- Sec. 1016. Assessment rates for SAIF mem- Home Loan Bank Act in connection with the graphs (2) and (3) in lieu of paying such as- bers may not be less than as- acquisition of any such savings association; sessment in the manner required under sub- sessment rates for BIF mem- or section (a). bers. (iii) is a savings association, the deposits (2) 1ST ASSESSMENT.—An insured depository Sec. 1017. Assessments authorized only if of which are insured by the Savings Associa- institution which makes an election under needed to maintain the reserve tion Insurance Fund, which— paragraph (1) shall pay an assessment of 50 ratio of a deposit insurance (I) prior to January 1, 1987, was chartered percent of the amount of the special assess- fund. as a Federal savings bank insured by the ment that would otherwise apply under sub- Sec. 1018. Definitions. Federal Savings and Loan Insurance Cor- section (a), by the date on which such special SEC. 1011. SPECIAL ASSESSMENT TO CAPITALIZE poration for the purpose of acquiring all or assessment is otherwise due under sub- SAIF. substantially all of the assets and assuming section (d). (a) IN GENERAL.—Except as provided in all or substantially all of the deposit liabil- (3) 2D ASSESSMENT.—An insured depository subsection (f), the Board of Directors shall ities of a national bank in a transaction con- institution which makes an election under impose a special assessment on the SAIF-as- summated after July 1, 1986; and paragraph (1) shall pay a 2d assessment, by

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4943 the date established by the Board of Direc- (2) by adding at the end the following new SEC. 1012. FINANCING CORPORATION ASSESS- tors in accordance with paragraph (4), in an subparagraph: MENTS SHARED PROPORTIONALLY BY ALL INSURED DEPOSITORY IN- amount equal to the product of 51 percent of ‘‘(K) ADJUSTMENT OF ADJUSTED ATTRIB- STITUTIONS. the rate determined by the Board of Direc- UTABLE DEPOSIT AMOUNT.—The amount deter- (a) IN GENERAL.—Section 21 of the Federal tors under subsection (a) for determining the mined under subparagraph (C)(i) for deposits Home Loan Bank Act (12 U.S.C. 1441) is amount of the special assessment and the acquired by March 31, 1995, shall be reduced amended— SAIF-assessable deposits of the institution by 20 percent for purposes of computing the (1) in subsection (f)(2)— on March 31, 1996, or such other date in cal- adjusted attributable deposit amount for the endar year 1996 as the Board of Directors de- (A) in the matter immediately preceding payment of any assessment for any semi- subparagraph (A)— termines to be appropriate. annual period after December 31, 1995 (other (4) DUE DATE OF 2D ASSESSMENT.—The date (i) by striking ‘‘Savings Association Insur- than the special assessment imposed under ance Fund member’’ and inserting ‘‘insured established by the Board of Directors for the section 1011(a) of the Balanced Budget Act of payment of the assessment under paragraph depository institution’’; and 1996), for a Bank Insurance Fund member (3) by a depository institution shall be the (ii) by striking ‘‘members’’ and inserting bank that, as of June 30, 1995— earliest practicable date which the Board of ‘‘institutions’’; and ‘‘(i) had an adjusted attributable deposit Directors determines to be appropriate, (B) by striking ‘‘, except that—’’ and all which is at least 15 days after the date used amount that was less than 50 percent of the that follows through the end of the para- by the Board of Directors under paragraph total deposits of that member bank; or graph and inserting ‘‘, except that— (3). ‘‘(ii)(I) had an adjusted attributable de- ‘‘(A) the Financing Corporation shall have (5) SUPPLEMENTAL SPECIAL ASSESSMENT.— posit amount equal to less than 75 percent of first priority to make the assessment; and An insured depository institution which the total assessable deposits of that member ‘‘(B) no limitation under clause (i) or (iii) makes an election under paragraph (1) shall bank; of section 7(b)(2)(A) of the Federal Deposit pay a supplemental special assessment, at ‘‘(II) had total assessable deposits greater Insurance Act shall apply for purposes of the same time the payment under paragraph than $5,000,000,000; and this paragraph.’’; and (3) is made, in an amount equal to the prod- ‘‘(III) was owned or controlled by a bank (2) in subsection (k)— uct of— holding company that owned or controlled (A) by striking ‘‘section—’’ and inserting (A) 50 percent of the rate determined by insured depository institutions having an ag- ‘‘section, the following definitions shall the Board of Directors under subsection (a) gregate amount of deposits insured or treat- apply:’’; for determining the amount of the special as- ed as insured by the Bank Insurance Fund (B) by striking paragraph (1); sessment; and greater than the aggregate amount of depos- (C) by redesignating paragraphs (2) and (3) (B) 95 percent of the amount by which the its insured or treated as insured by the Sav- as paragraphs (1) and (2), respectively; and (D) by adding at the end the following new SAIF-assessable deposits used by the Board ings Association Insurance Fund.’’. of Directors for determining the amount of paragraph: (j) ADJUSTMENT OF SPECIAL ASSESSMENT the 1st assessment under paragraph (2) ex- ‘‘(3) INSURED DEPOSITORY INSTITUTION.—The ceeds, if any, the SAIF-assessable deposits FOR CERTAIN SAVINGS ASSOCIATIONS.— term ‘insured depository institution’ has the used by the Board for determining the (1) SPECIAL ASSESSMENT REDUCTION.—For same meaning as in section 3 of the Federal amount of the 2d assessment under para- purposes of computing the special assess- Deposit Insurance Act.’’. graph (3). ment imposed under this section, in the case (b) CONFORMING AMENDMENT.—Section 7(b)(2) of the Federal Deposit Insurance Act (h) ADJUSTMENT OF SPECIAL ASSESSMENT of any converted association, the amount of (12 U.S.C. 1817(b)(2)) is amended by striking FOR CERTAIN BANK INSURANCE FUND MEMBER any deposits of such association which were subparagraph (D). BANKS.— insured by the Savings Association Insur- (1) IN GENERAL.—For purposes of com- ance Fund as of March 31, 1995, shall be re- (c) EFFECTIVE DATE.—This section and the puting the special assessment imposed under duced by 20 percent. amendments made by this section shall be- this section with respect to a Bank Insur- (2) CONVERTED ASSOCIATION.—For purposes come effective on January 1, 1997. ance Fund member bank, the amount of any of this subsection, the term ‘‘converted asso- SEC. 1013. MERGER OF BIF AND SAIF. deposits of any insured depository institu- ciation’’ means— (a) IN GENERAL.— tion which section 5(d)(3) of the Federal De- (A) any Federal savings association— (1) MERGER.—The Bank Insurance Fund posit Insurance Act treats as insured by the (i) that is a member of the Savings Asso- and the Savings Association Insurance Fund Savings Association Insurance Fund shall be ciation Insurance Fund and that has deposits shall be merged into the Deposit Insurance reduced by 20 percent— subject to assessment by that fund which did Fund established by section 11(a)(4) of the (A) if the adjusted attributable deposit not exceed $4,000,000,000, as of March 31, 1995; Federal Deposit Insurance Act, as amended amount of the Bank Insurance Fund member and by this section. bank is less than 50 percent of the total do- (ii) that had been, or is a successor by (2) DISPOSITION OF ASSETS AND LIABIL- mestic deposits of that member bank as of merger, acquisition, or otherwise to an insti- ITIES.—All assets and liabilities of the Bank June 30, 1995; or tution that had been, a State savings bank, Insurance Fund and the Savings Association (B) if, as of June 30, 1995, the Bank Insur- the deposits of which were insured by the Insurance Fund shall be transferred to the ance Fund member— Federal Deposit Insurance Corporation prior Deposit Insurance Fund. (i) had an adjusted attributable deposit to August 9, 1989, that converted to a Federal (3) NO SEPARATE EXISTENCE.—The separate amount equal to less than 75 percent of the savings association pursuant to section 5(i) existence of the Bank Insurance Fund and total assessable deposits of that member of the Home Owners’ Loan Act prior to Janu- the Savings Association Insurance Fund bank; shall cease. ary 1, 1985; (ii) had total assessable deposits greater (b) SPECIAL RESERVE OF THE DEPOSIT IN- (B) a State depository institution that is a than $5,000,000,000; and SURANCE FUND.— member of the Savings Association Insur- (iii) was owned or controlled by a bank (1) IN GENERAL.—Immediately before the ance Fund that had been a State savings holding company that owned or controlled merger of the Bank Insurance Fund and the bank prior to October 15, 1982, and was a Fed- insured depository institutions having an ag- Savings Association Insurance Fund, if the gregate amount of deposits insured or treat- eral savings association on August 9, 1989; reserve ratio of the Savings Association In- ed as insured by the Bank Insurance Fund (C) an insured bank that— surance Fund exceeds the designated reserve greater than the aggregate amount of depos- (i) was established de novo in order to ac- ratio, the amount by which that reserve its insured or treated as insured by the Sav- quire the deposits of a savings association in ratio exceeds the designated reserve ratio ings Association Insurance Fund. default or in danger of default; shall be placed in the Special Reserve of the (2) ADJUSTED ATTRIBUTABLE DEPOSIT (ii) did not open for business before acquir- Deposit Insurance Fund, established under AMOUNT.—For purposes of this subsection, ing the deposits of such savings association; section 11(a)(5) of the Federal Deposit Insur- the ‘‘adjusted attributable deposit amount’’ and ance Act, as amended by this section. shall be determined in accordance with sec- (iii) was a Savings Association Insurance (2) DEFINITION.—For purposes of this sub- tion 5(d)(3)(C) of the Federal Deposit Insur- Fund member as of the date of enactment of section, the term ‘‘reserve ratio’’ means the ance Act. this Act; and ratio of the net worth of the Savings Asso- (i) ADJUSTMENT TO THE ADJUSTED ATTRIB- (D) an insured bank that— ciation Insurance Fund to aggregate esti- UTABLE DEPOSIT AMOUNT FOR CERTAIN BANK (i) resulted from a savings association be- mated deposits insured by the Savings Asso- INSURANCE FUND MEMBER BANKS.—Section fore December 19, 1991, in accordance with ciation Insurance Fund. 5(d)(3) of the Federal Deposit Insurance Act section 5(d)(2)(G) of the Federal Deposit In- (c) EFFECTIVE DATE.—This section and the (12 U.S.C. 1815(d)(3)) is amended— surance Act; and amendments made by this section shall be- (1) in subparagraph (C), by striking ‘‘The (ii) had an increase in its capital in con- come effective on January 1, 1998, if no in- adjusted attributable deposit amount’’ and junction with the conversion in an amount sured depository institution is a savings as- inserting ‘‘Except as provided in subpara- equal to more than 75 percent of the capital sociation on that date. graph (K), the adjusted attributable deposit of the institution on the day before the date (d) TECHNICAL AND CONFORMING AMEND- amount’’; and of the conversion. MENTS.—

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(1) DEPOSIT INSURANCE FUND.—Section and inserting ‘‘to insured depository institu- insurance fund’’ and inserting ‘‘Deposit In- 11(a)(4) of the Federal Deposit Insurance Act tions, and their successors, which were Sav- surance Fund’’; (12 U.S.C. 1821(a)(4)) is amended— ings Association Insurance Fund members on (C) in section 21A(b)(6)(B) (12 U.S.C. (A) by redesignating subparagraph (B) as September 1, 1995’’. 1441a(b)(6)(B))— subparagraph (C); (6) REPEALS.— (i) in the subparagraph heading, by strik- (B) by striking subparagraph (A) and in- (A) SECTION 3.—Section 3(y) of the Federal ing ‘‘SAIF-INSURED BANKS’’ and inserting serting the following: Deposit Insurance Act (12 U.S.C. 1813(y)) is ‘‘CHARTER CONVERSIONS’’; and ‘‘(A) ESTABLISHMENT.—There is established amended to read as follows: (ii) by striking ‘‘Savings Association Insur- the Deposit Insurance Fund, which the Cor- ‘‘(y) DEFINITIONS RELATING TO THE DEPOSIT ance Fund member’’ and inserting ‘‘savings poration shall— INSURANCE FUND.— association’’; ‘‘(i) maintain and administer; ‘‘(1) DEPOSIT INSURANCE FUND.—The term (D) in section 21A(b)(10)(A)(iv)(II) (12 U.S.C. ‘‘(ii) use to carry out its insurance pur- ‘Deposit Insurance Fund’ means the fund es- 1441a(b)(10)(A)(iv)(II)), by striking ‘‘Savings poses in the manner provided by this sub- tablished under section 11(a)(4). Association Insurance Fund’’ and inserting section; and ‘‘(2) RESERVE RATIO.—The term ‘reserve ‘‘Deposit Insurance Fund’’; ‘‘(iii) invest in accordance with section ratio’ means the ratio of the net worth of the (E) in section 21B(e) (12 U.S.C. 1441b(e))— 13(a). Deposit Insurance Fund to aggregate esti- (i) in paragraph (5), by inserting ‘‘as of the ‘‘(B) USES.—The Deposit Insurance Fund mated insured deposits held in all insured de- shall be available to the Corporation for use date of funding’’ after ‘‘Savings Association pository institutions. with respect to Deposit Insurance Fund Insurance Fund members’’ each place such ‘‘(3) DESIGNATED RESERVE RATIO.—The des- members.’’; and term appears; ignated reserve ratio of the Deposit Insur- (C) by striking ‘‘(4) GENERAL PROVISIONS (ii) by striking paragraph (7); and ance Fund for each year shall be— RELATING TO FUNDS.—’’ and inserting the fol- (iii) by redesignating paragraph (8) as para- ‘‘(A) 1.25 percent of estimated insured de- lowing: graph (7); and posits; or ‘‘(4) ESTABLISHMENT OF THE DEPOSIT INSUR- (F) in section 21B(k) (12 U.S.C. 1441b(k))— ‘‘(B) a higher percentage of estimated in- ANCE FUND.—’’. (i) by striking paragraph (8); and sured deposits that the Board of Directors (2) OTHER REFERENCES.—Section 11(a)(4)(C) (ii) by redesignating paragraphs (9) and (10) of the Federal Deposit Insurance Act (12 determines to be justified for that year by as paragraphs (8) and (9), respectively. U.S.C. 1821(a)(4)(C), as redesignated by para- circumstances raising a significant risk of (12) AMENDMENTS TO THE HOME OWNERS’ graph (1) of this subsection) is amended by substantial future losses to the fund.’’. LOAN ACT.—The Home Owners’ Loan Act (12 striking ‘‘Bank Insurance Fund and the Sav- (B) SECTION 7.—Section 7 of the Federal De- U.S.C. 1461 et seq.) is amended— ings Association Insurance Fund’’ and in- posit Insurance Act (12 U.S.C. 1817) is amend- (A) in section 5 (12 U.S.C. 1464)— serting ‘‘Deposit Insurance Fund’’. ed— (i) in subsection (c)(5)(A), by striking ‘‘that (3) DEPOSITS INTO FUND.—Section 11(a)(4) of (i) by striking subsection (l); is a member of the Bank Insurance Fund’’; the Federal Deposit Insurance Act (12 U.S.C. (ii) by redesignating subsections (m) and (ii) in subsection (c)(6), by striking ‘‘As 1821(a)(4)) is amended by adding at the end (n) as subsections (l) and (m), respectively; used in this subsection—’’ and inserting ‘‘For the following new subparagraph: (iii) in subsection (b)(2), by striking sub- purposes of this subsection, the following ‘‘(D) DEPOSITS.—All amounts assessed paragraphs (B) and (F), and by redesignating definitions shall apply:’’; against insured depository institutions by subparagraphs (C), (E), (G), and (H) as sub- (iii) in subsection (o)(1), by striking ‘‘that the Corporation shall be deposited in the De- paragraphs (B) through (E), respectively. is a Bank Insurance Fund member’’; posit Insurance Fund.’’. (C) SECTION 11.—Section 11(a) of the Fed- (iv) in subsection (o)(2)(A), by striking ‘‘a (4) SPECIAL RESERVE OF DEPOSITS.—Section eral Deposit Insurance Act (12 U.S.C. 1821(a)) Bank Insurance Fund member until such 11(a)(5) of the Federal Deposit Insurance Act is amended— time as it changes its status to a Savings As- (i) by striking paragraphs (6) and (7); and (12 U.S.C. 1821(a)(5)) is amended to read as sociation Insurance Fund member’’ and in- (ii) by redesignating paragraph (8) as para- follows: serting ‘‘insured by the Deposit Insurance graph (6). ‘‘(5) SPECIAL RESERVE OF DEPOSIT INSUR- Fund’’; (7) SECTION 5136 OF THE REVISED STATUTES.— ANCE FUND.— (v) in subsection (t)(5)(D)(iii)(II), by strik- Paragraph Eleventh of section 5136 of the Re- ‘‘(A) ESTABLISHMENT.— ing ‘‘affected deposit insurance fund’’ and in- vised Statutes (12 U.S.C. 24) is amended in ‘‘(i) IN GENERAL.—There is established a serting ‘‘Deposit Insurance Fund’’; the fifth sentence, by striking ‘‘affected de- Special Reserve of the Deposit Insurance (vi) in subsection (t)(7)(C)(i)(I), by striking posit insurance fund’’ and inserting ‘‘Deposit Fund, which shall be administered by the ‘‘affected deposit insurance fund’’ and insert- Insurance Fund’’. Corporation and shall be invested in according ‘‘Deposit Insurance Fund’’; and ance with section 13(a). (8) INVESTMENTS PROMOTING PUBLIC WEL- (vii) in subsection (v)(2)(A)(i), by striking ‘‘(ii) LIMITATION.—The Corporation shall FARE; LIMITATIONS ON AGGREGATE INVEST- ‘‘, the Savings Association Insurance Fund’’ not provide any assessment credit, refund, or MENTS.—The 23d undesignated paragraph of and inserting ‘‘or the Deposit Insurance other payment from any amount in the Spe- section 9 of the Federal Reserve Act (12 Fund’’; and cial Reserve. U.S.C. 338a) is amended in the fourth sen- (B) in section 10 (12 U.S.C. 1467a)— ‘‘(B) EMERGENCY USE OF SPECIAL RESERVE.— tence, by striking ‘‘affected deposit insur- Notwithstanding subparagraph (A)(ii), the ance fund’’ and inserting ‘‘Deposit Insurance (i) in subsection (e)(1)(A)(iii)(VII), by add- Corporation may, in its sole discretion, Fund’’. ing ‘‘or’’ at the end; transfer amounts from the Special Reserve (9) ADVANCES TO CRITICALLY UNDERCAPITAL- (ii) in subsection (e)(1)(A)(iv), by adding to the Deposit Insurance Fund, for the pur- IZED DEPOSITORY INSTITUTIONS.—Section ‘‘and’’ at the end; poses set forth in paragraph (4), only if— 10B(b)(3)(A)(ii) of the Federal Reserve Act (12 (iii) in subsection (e)(1)(B), by striking ‘‘(i) the reserve ratio of the Deposit Insur- U.S.C. 347b(b)(3)(A)(ii)) is amended by strik- ‘‘Savings Association Insurance Fund or ance Fund is less than 50 percent of the des- ing ‘‘any deposit insurance fund in’’ and in- Bank Insurance Fund’’ and inserting ‘‘De- ignated reserve ratio; and serting ‘‘the Deposit Insurance Fund of’’. posit Insurance Fund’’; ‘‘(ii) the Corporation expects the reserve (10) AMENDMENTS TO THE BALANCED BUDGET (iv) in subsection (e)(2), by striking ‘‘Sav- ratio of the Deposit Insurance Fund to re- AND EMERGENCY DEFICIT CONTROL ACT OF ings Association Insurance Fund or the Bank main at less than 50 percent of the des- 1985.—Section 255(g)(1)(A) of the Balanced Insurance Fund’’ and inserting ‘‘Deposit In- ignated reserve ratio for each of the next 4 Budget and Emergency Deficit Control Act surance Fund’’; and calendar quarters. of 1985 (2 U.S.C. 905(g)(1)(A)) is amended— (v) in subsection (m)(3), by striking sub- ‘‘(C) EXCLUSION OF SPECIAL RESERVE IN CAL- (A) by striking ‘‘Bank Insurance Fund’’ paragraph (E), and by redesignating subpara- CULATING RESERVE RATIO.—Notwithstanding and inserting ‘‘Deposit Insurance Fund’’; and graphs (F), (G), and (H) as subparagraphs (E), any other provision of law, any amounts in (B) by striking ‘‘Federal Deposit Insurance (F), and (G), respectively. the Special Reserve shall be excluded in cal- Corporation, Savings Association Insurance (13) AMENDMENTS TO THE NATIONAL HOUSING culating the reserve ratio of the Deposit In- Fund;’’. ACT.—The National Housing Act (12 U.S.C. surance Fund under section 7.’’. (11) FURTHER AMENDMENTS TO THE FEDERAL 1701 et seq.) is amended— (5) FEDERAL HOME LOAN BANK ACT.—Section HOME LOAN BANK ACT.—The Federal Home (A) in section 317(b)(1)(B) (12 U.S.C. 21B(f)(2)(C)(ii) of the Federal Home Loan Loan Bank Act (12 U.S.C. 1421 et seq.) is 1723i(b)(1)(B)), by striking ‘‘Bank Insurance Bank Act (12 U.S.C. 1441b(f)(2)(C)(ii)) is amended— Fund for banks or through the Savings Asso- amended— (A) in section 11(k) (12 U.S.C. 1431(k))— ciation Insurance Fund for savings associa- (A) in subclause (I), by striking ‘‘to Sav- (i) in the subsection heading, by striking tions’’ and inserting ‘‘Deposit Insurance ings Associations Insurance Fund members’’ ‘‘SAIF’’ and inserting ‘‘THE DEPOSIT INSUR- Fund’’; and and inserting ‘‘to insured depository institu- ANCE FUND’’; and (B) in section 526(b)(1)(B)(ii) (12 U.S.C. tions, and their successors, which were Sav- (ii) by striking ‘‘Savings Association Insur- 1735f–14(b)(1)(B)(ii)), by striking ‘‘Bank In- ings Association Insurance Fund members on ance Fund’’ each place such term appears surance Fund for banks and through the Sav- September 1, 1995’’; and and inserting ‘‘Deposit Insurance Fund’’; ings Association Insurance Fund for savings (B) in subclause (II), by striking ‘‘to Sav- (B) in section 21A(b)(4)(B) (12 U.S.C. associations’’ and inserting ‘‘Deposit Insur- ings Associations Insurance Fund members’’ 1441a(b)(4)(B)), by striking ‘‘affected deposit ance Fund’’.

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(14) FURTHER AMENDMENTS TO THE FEDERAL ‘‘(C) AMENDING SCHEDULE.—The Corpora- Association Insurance Fund’’ and inserting DEPOSIT INSURANCE ACT.—The Federal De- tion may, by regulation, amend a schedule ‘‘Deposit Insurance Fund’’; posit Insurance Act (12 U.S.C. 1811 et seq.) is promulgated under subparagraph (B).’’; and (P) in section 14(c) (12 U.S.C. 1824(c)), by amended— (viii) in paragraph (6)— striking paragraph (3); (A) in section 3(a)(1) (12 U.S.C. 1813(a)(1)), (I) by striking ‘‘any such assessment’’ and (Q) in section 14(d) (12 U.S.C. 1824(d))— by striking subparagraph (B) and inserting inserting ‘‘any such assessment is nec- (i) by striking ‘‘BIF’’ each place such term the following: essary’’; appears and inserting ‘‘DIF’’; and ‘‘(B) includes any former savings associa- (II) by striking ‘‘(A) is necessary—’’; (ii) by striking ‘‘Bank Insurance Fund’’ tion.’’; (III) by striking subparagraph (B); each place such term appears and inserting (B) in section 5(b)(5) (12 U.S.C. 1815(b)(5)), (IV) by redesignating clauses (i), (ii), and ‘‘Deposit Insurance Fund’’; by striking ‘‘the Bank Insurance Fund or the (iii) as subparagraphs (A), (B), and (C), re- (R) in section 15(c)(5) (12 U.S.C. 1825(c)(5))— Savings Association Insurance Fund;’’ and spectively, and moving the margins 2 ems to (i) by striking ‘‘the Bank Insurance Fund inserting ‘‘Deposit Insurance Fund,’’; the left; and or Savings Association Insurance Fund, re- (C) in section 5(d) (12 U.S.C. 1815(d)), by (V) in subparagraph (C) (as redesignated), spectively’’ each place such term appears striking paragraphs (2) and (3); by striking ‘‘; and’’ and inserting a period; and inserting ‘‘the Deposit Insurance Fund’’; (D) in section 5(d)(1) (12 U.S.C. 1815(d)(1))— (H) in section 11(f)(1) (12 U.S.C. 1821(f)(1)), (i) in subparagraph (A), by striking ‘‘re- by striking ‘‘, except that—’’ and all that fol- and serve ratios in the Bank Insurance Fund and lows through the end of the paragraph and (ii) in subparagraph (B), by striking ‘‘the the Savings Association Insurance Fund’’ inserting a period; Bank Insurance Fund or the Savings Asso- and inserting ‘‘the reserve ratio of the De- (I) in section 11(i)(3) (12 U.S.C. 1821(i)(3))— ciation Insurance Fund, respectively’’ and posit Insurance Fund’’; (i) by striking subparagraph (B); inserting ‘‘the Deposit Insurance Fund’’; (ii) by striking subparagraph (B) and in- (ii) by redesignating subparagraph (C) as (S) in section 17(a) (12 U.S.C. 1827(a))— serting the following: subparagraph (B); and (i) in the subsection heading, by striking ‘‘(2) FEE CREDITED TO THE DEPOSIT INSUR- (iii) in subparagraph (B) (as redesignated), ‘‘BIF, SAIF,’’ and inserting ‘‘THE DEPOSIT IN- ANCE FUND.—The fee paid by the depository by striking ‘‘subparagraphs (A) and (B)’’ and SURANCE FUND’’; and institution under paragraph (1) shall be cred- inserting ‘‘subparagraph (A)’’; (ii) in paragraph (1), by striking ‘‘the Bank ited to the Deposit Insurance Fund.’’; (J) in section 11A(a) (12 U.S.C. 1821a(a))— Insurance Fund, the Savings Association In- (iii) by striking ‘‘(1) UNINSURED INSTITU- (i) in paragraph (2), by striking surance Fund,’’ each place such term appears TIONS.—’’; and ‘‘LIABILITIES.—’’ and all that follows through and inserting ‘‘the Deposit Insurance Fund’’; (iv) by redesignating subparagraphs (A) ‘‘Except’’ and inserting ‘‘LIABILITIES.—Ex- (T) in section 17(d) (12 U.S.C. 1827(d)), by and (C) as paragraphs (1) and (3), respec- cept’’; striking ‘‘the Bank Insurance Fund, the Sav- tively, and moving the margins 2 ems to the (ii) by striking paragraph (2)(B); and ings Association Insurance Fund,’’ each left; (iii) in paragraph (3), by striking ‘‘the place such term appears and inserting ‘‘the (E) in section 5(e) (12 U.S.C. 1815(e))— Bank Insurance Fund, the Savings Associa- Deposit Insurance Fund’’; (i) in paragraph (5)(A), by striking ‘‘Bank tion Insurance Fund,’’ and inserting ‘‘the De- (U) in section 18(m)(3) (12 U.S.C. Insurance Fund or the Savings Association posit Insurance Fund’’; 1828(m)(3))— Insurance Fund’’ and inserting ‘‘Deposit In- (K) in section 11A(b) (12 U.S.C. 1821a(b)), by (i) by striking ‘‘Savings Association Insur- surance Fund’’; striking paragraph (4); ance Fund’’ each place such term appears (ii) by striking paragraph (6); and (L) in section 11A(f) (12 U.S.C. 1821a(f)), by and inserting ‘‘Deposit Insurance Fund’’; and (iii) by redesignating paragraphs (7), (8), striking ‘‘Savings Association Insurance (ii) in subparagraph (C), by striking ‘‘or and (9) as paragraphs (6), (7), and (8), respec- Fund’’ and inserting ‘‘Deposit Insurance the Bank Insurance Fund’’; tively; Fund’’; (V) in section 18(p) (12 U.S.C. 1828(p)), by (F) in section 6(5) (12 U.S.C. 1816(5)), by (M) in section 13 (12 U.S.C. 1823)— striking ‘‘deposit insurance funds’’ and in- striking ‘‘Bank Insurance Fund or the Sav- (i) in subsection (a)(1), by striking ‘‘Bank serting ‘‘Deposit Insurance Fund’’; ings Association Insurance Fund’’ and in- Insurance Fund, the Savings Association In- (W) in section 24 (12 U.S.C. 1831a) in sub- serting ‘‘Deposit Insurance Fund’’; surance Fund,’’ and inserting ‘‘Deposit In- sections (a)(1) and (d)(1)(A), by striking ‘‘ap- (G) in section 7(b) (12 U.S.C. 1817(b))— surance Fund, the Special Reserve of the De- propriate deposit insurance fund’’ each place (i) in paragraph (1)(D), by striking ‘‘each posit Insurance Fund,’’; such term appears and inserting ‘‘Deposit In- deposit insurance fund’’ and inserting ‘‘the (ii) in subsection (c)(4)(E)— surance Fund’’; Deposit Insurance Fund’’; (I) in the subparagraph heading, by strik- (X) in section 28 (12 U.S.C. 1831e), by strik- (ii) in clauses (i)(I) and (iv) of paragraph ing ‘‘FUNDS’’ and inserting ‘‘FUND’’; and ing ‘‘affected deposit insurance fund’’ each (2)(A), by striking ‘‘each deposit insurance (II) in clause (i), by striking ‘‘any insur- place such term appears and inserting ‘‘De- fund’’ each place such term appears and in- ance fund’’ and inserting ‘‘the Deposit Insur- posit Insurance Fund’’; serting ‘‘the Deposit Insurance Fund’’; ance Fund’’; (Y) by striking section 31 (12 U.S.C. 1831h); (iii) in paragraph (2)(A)(iii), by striking ‘‘a (iii) in subsection (c)(4)(G)(ii)— (Z) in section 36(i)(3) (12 U.S.C. 1831m(i)(3)) deposit insurance fund’’ and inserting ‘‘the (I) by striking ‘‘appropriate insurance by striking ‘‘affected deposit insurance Deposit Insurance Fund’’; fund’’ and inserting ‘‘Deposit Insurance (iv) by striking clause (iv) of paragraph Fund’’; fund’’ and inserting ‘‘Deposit Insurance (2)(A); (II) by striking ‘‘the members of the insur- Fund’’; (v) in paragraph (2)(C) (as redesignated by ance fund (of which such institution is a (AA) in section 38(a) (12 U.S.C. 1831o(a)) in paragraph (6)(B) of this subsection)— member)’’ and inserting ‘‘insured depository the subsection heading, by striking ‘‘FUNDS’’ (I) by striking ‘‘any deposit insurance institutions’’; and inserting ‘‘FUND’’; fund’’ and inserting ‘‘the Deposit Insurance (III) by striking ‘‘each member’s’’ and in- (BB) in section 38(k) (12 U.S.C. 1831o(k))— Fund’’; and serting ‘‘each insured depository institu- (i) in paragraph (1), by striking ‘‘a deposit (II) by striking ‘‘that fund’’ each place tion’s’’; and insurance fund’’ and inserting ‘‘the Deposit such term appears and inserting ‘‘the De- (IV) by striking ‘‘the member’s’’ each place Insurance Fund’’; and posit Insurance Fund’’; such term appears and inserting ‘‘the insti- (ii) in paragraph (2)(A)— (vi) in paragraph (2)(D) (as redesignated by tution’s’’; (I) by striking ‘‘A deposit insurance fund’’ paragraph (6)(B) of this subsection)— (iv) in subsection (c), by striking para- and inserting ‘‘The Deposit Insurance Fund’’; (I) in the subparagraph heading, by strik- graph (11); and ing ‘‘FUNDS ACHIEVE’’ and inserting ‘‘FUND (v) in subsection (h), by striking ‘‘Bank In- (II) by striking ‘‘the deposit insurance ACHIEVES’’; and surance Fund’’ and inserting ‘‘Deposit Insur- fund’s outlays’’ and inserting ‘‘the outlays of (II) by striking ‘‘a deposit insurance fund’’ ance Fund’’; the Deposit Insurance Fund’’; and and inserting ‘‘the Deposit Insurance Fund’’; (vi) in subsection (k)(4)(B)(i), by striking (CC) in section 38(o) (12 U.S.C. 1831o(o))— (vii) in paragraph (3)— ‘‘Savings Association Insurance Fund’’ and (i) by striking ‘‘ASSOCIATIONS.—’’ and all (I) in the paragraph heading, by striking inserting ‘‘Deposit Insurance Fund’’; and that follows through ‘‘Subsections (e)(2)’’ ‘‘FUNDS’’ and inserting ‘‘FUND’’; (vii) in subsection (k)(5)(A), by striking and inserting ‘‘ASSOCIATIONS.—Subsections (II) by striking ‘‘that fund’’ each place ‘‘Savings Association Insurance Fund’’ and (e)(2)’’; such term appears and inserting ‘‘the De- inserting ‘‘Deposit Insurance Fund’’; (ii) by redesignating subparagraphs (A), posit Insurance Fund’’; (N) in section 14(a) (12 U.S.C. 1824(a)) in the (B), and (C) as paragraphs (1), (2), and (3), re- (III) in subparagraph (A), by striking ‘‘Ex- fifth sentence— spectively, and moving the margins 2 ems to cept as provided in paragraph (2)(F), if’’ and (i) by striking ‘‘Bank Insurance Fund or the left; and inserting ‘‘If’’; the Savings Association Insurance Fund’’ (iii) in paragraph (1) (as redesignated), by (IV) in subparagraph (A), by striking ‘‘any and inserting ‘‘Deposit Insurance Fund’’; and redesignating clauses (i) and (ii) as subpara- deposit insurance fund’’ and inserting ‘‘the (ii) by striking ‘‘each such fund’’ and in- graphs (A) and (B), respectively, and moving Deposit Insurance Fund’’; and serting ‘‘the Deposit Insurance Fund’’; the margins 2 ems to the left. (V) by striking subparagraphs (C) and (D) (O) in section 14(b) (12 U.S.C. 1824(b)), by (15) AMENDMENTS TO THE FINANCIAL INSTITU- and inserting the following: striking ‘‘Bank Insurance Fund or Savings TIONS REFORM, RECOVERY, AND ENFORCEMENT

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ACT OF 1989.—The Financial Institutions Re- ‘‘(A) refund the amount of the excess pay- ‘‘(II) if the reserve ratio is less than the form, Recovery, and Enforcement Act (Pub- ment to the insured depository institution; designated reserve ratio, to increase the re- lic Law 101–73; 103 Stat. 183) is amended— or serve ratio to the designated reserve ratio.’’. (A) in section 951(b)(3)(B) (12 U.S.C. ‘‘(B) credit such excess amount toward the (c) EXCEPTION TO LIMITATION ON ASSESS- 1833a(b)(3)(B)), by striking ‘‘Bank Insurance payment of subsequent semiannual assess- MENTS.—Section 7(b)(2)(A) of the Federal De- Fund, the Savings Association Insurance ments until such credit is exhausted. posit Insurance Act (12 U.S.C. 1817(b)(2)(A)) is Fund,’’ and inserting ‘‘Deposit Insurance ‘‘(2) BALANCE IN INSURANCE FUND IN EXCESS amended by adding at the end the following Fund’’; and OF DESIGNATED RESERVE.— new clause: (B) in section 1112(c)(1)(B) (12 U.S.C. ‘‘(A) IN GENERAL.—Subject to subpara- ‘‘(v) EXCEPTION TO LIMITATION ON ASSESS- 3341(c)(1)(B)), by striking ‘‘Bank Insurance graphs (B) and (C), if, as of the end of any MENTS.—The Board of Directors may set Fund, the Savings Association Insurance semiannual assessment period, the amount semiannual assessments in excess of the Fund,’’ and inserting ‘‘Deposit Insurance of the actual reserves in— amount permitted under clauses (i) and (iii) Fund’’. ‘‘(i) the Bank Insurance Fund (until the with respect to insured depository institu- (16) AMENDMENT TO THE BANK ENTERPRISE merger of such fund into the Deposit Insur- tions that exhibit financial, operational, or ACT OF 1991.—Section 232(a)(1) of the Bank En- ance Fund pursuant to section 1013 of the compliance weaknesses ranging from mod- terprise Act of 1991 (12 U.S.C. 1834(a)(1)) is Balanced Budget Act of 1996); or erately severe to unsatisfactory, or are not amended by striking ‘‘section 7(b)(2)(H)’’ and ‘‘(ii) the Deposit Insurance Fund (after the well capitalized, as that term is defined in inserting ‘‘section 7(b)(2)(G)’’. establishment of such fund), section 38.’’. (17) AMENDMENT TO THE BANK HOLDING COM- exceeds the balance required to meet the SEC. 1018. DEFINITIONS. PANY ACT.—Section 2(j)(2) of the Bank Hold- designated reserve ratio applicable with re- For purposes of this title— ing Company Act of 1956 (12 U.S.C. 1841(j)(2)) spect to such fund, such excess amount shall (1) the term ‘‘Bank Insurance Fund’’ means is amended by striking ‘‘Savings Association be refunded to insured depository institu- the fund established pursuant to section Insurance Fund’’ and inserting ‘‘Deposit In- tions by the Corporation on such basis as the (11)(a)(5)(A) of the Federal Deposit Insurance surance Fund’’. Board of Directors determines to be appro- Act, as that section existed on the day before SEC. 1014. CREATION OF SAIF SPECIAL RESERVE. priate, taking into account the factors con- the date of enactment of this Act; Section 11(a)(6) of the Federal Deposit In- sidered under the risk-based assessment sys- (2) the terms ‘‘Bank Insurance Fund mem- surance Act (12 U.S.C. 1821(a)(6)) is amended tem. ber’’ and ‘‘Savings Association Insurance by adding at the end the following new sub- ‘‘(B) REFUND NOT TO EXCEED PREVIOUS SEMI- Fund member’’ have the same meanings as paragraph: ANNUAL ASSESSMENT.—The amount of any rein section 7(l) of the Federal Deposit Insur- ‘‘(L) ESTABLISHMENT OF SAIF SPECIAL RE- fund under this paragraph to any member of ance Act; SERVE.— a deposit insurance fund for any semiannual (3) the terms ‘‘bank’’, ‘‘Board of Direc- ‘‘(i) ESTABLISHMENT.—If, on January 1, assessment period may not exceed the total tors’’, ‘‘Corporation’’, ‘‘insured depository 1998, the reserve ratio of the Savings Asso- amount of assessments paid by such member institution’’, ‘‘Federal savings association’’, ciation Insurance Fund exceeds the des- to the insurance fund with respect to such ‘‘savings association’’, ‘‘State savings bank’’, ignated reserve ratio, there is established a period. and ‘‘State depository institution’’ have the Special Reserve of the Savings Association ‘‘(C) REFUND LIMITATION FOR CERTAIN INSTI- same meanings as in section 3 of the Federal Insurance Fund, which shall be administered TUTIONS.—No refund may be made under this Deposit Insurance Act; by the Corporation and shall be invested in paragraph with respect to the amount of any (4) the term ‘‘Deposit Insurance Fund’’ accordance with section 13(a). assessment paid for any semiannual assess- means the fund established under section ‘‘(ii) AMOUNTS IN SPECIAL RESERVE.—If, on ment period by any insured depository insti- 11(a)(4) of the Federal Deposit Insurance Act, January 1, 1998, the reserve ratio of the Sav- tution described in clause (v) of subsection as amended by section 1013(d) of this Act; ings Association Insurance Fund exceeds the (b)(2)(A).’’. (5) the term ‘‘depository institution hold- designated reserve ratio, the amount by SEC. 1016. ASSESSMENT RATES FOR SAIF MEM- ing company’’ has the same meaning as in which the reserve ratio exceeds the des- BERS MAY NOT BE LESS THAN AS- section 3 of the Federal Deposit Insurance ignated reserve ratio shall be placed in the SESSMENT RATES FOR BIF MEM- Act; Special Reserve of the Savings Association BERS. (6) the term ‘‘designated reserve ratio’’ has Insurance Fund established by clause (i). Section 7(b)(2)(C) of the Federal Deposit the same meaning as in section 7(b)(2)(A)(iv) ‘‘(iii) LIMITATION.—The Corporation shall Insurance Act (12 U.S.C. 1817(b)(2)(E), as re- of the Federal Deposit Insurance Act; not provide any assessment credit, refund, or designated by section 1013(d)(6) of this Act) is (7) the term ‘‘Savings Association Insur- other payment from any amount in the Spe- amended— ance Fund’’ means the fund established pur- cial Reserve of the Savings Association In- (1) by striking ‘‘and’’ at the end of clause suant to section 11(a)(6)(A) of the Federal surance Fund. (i); Deposit Insurance Act, as that section ex- ‘‘(iv) EMERGENCY USE OF SPECIAL RE- (2) by striking the period at the end of isted on the day before the date of enact- SERVE.—Notwithstanding clause (iii), the clause (ii) and inserting ‘‘; and’’; and ment of this Act; and Corporation may, in its sole discretion, (3) by adding at the end the following new (8) the term ‘‘SAIF-assessable deposit’’— transfer amounts from the Special Reserve clause: (A) means— of the Savings Association Insurance Fund ‘‘(iii) notwithstanding any other provision (i) a deposit that is subject to assessment to the Savings Association Insurance Fund of this subsection, during the period begin- for purposes of the Savings Association In- for the purposes set forth in paragraph (4), ning on the date of enactment of the Bal- surance Fund under the Federal Deposit In- only if— anced Budget Act of 1996, and ending on Jan- surance Act; and ‘‘(I) the reserve ratio of the Savings Asso- uary 1, 1998, the assessment rate for a Sav- (ii) a deposit that section 5(d)(3) of the Fed- ciation Insurance Fund is less than 50 per- ings Association Insurance Fund member eral Deposit Insurance Act treats as insured cent of the designated reserve ratio; and may not be less than the assessment rate for by the Savings Association Insurance Fund; ‘‘(II) the Corporation expects the reserve a Bank Insurance Fund member that poses a and ratio of the Savings Association Insurance comparable risk to the deposit insurance (B) includes a deposit assumed after March Fund to remain at less than 50 percent of the fund.’’. 31, 1995, if the insured depository institution, designated reserve ratio for each of the next SEC. 1017. ASSESSMENTS AUTHORIZED ONLY IF the deposits of which are assumed, is not an 4 calendar quarters. NEEDED TO MAINTAIN THE RE- insured depository institution when the spe- ‘‘(v) EXCLUSION OF SPECIAL RESERVE IN CAL- SERVE RATIO OF A DEPOSIT INSUR- cial assessment is imposed under section CULATING RESERVE RATIO.—Notwithstanding ANCE FUND. 1011(a) of this Act. any other provision of law, any amounts in (a) IN GENERAL.—Section 7(b)(2)(A)(i) of the f the Special Reserve of the Savings Associa- Federal Deposit Insurance Act (12 U.S.C. tion Insurance Fund shall be excluded in cal- 1817(b)(2)(A)(i)) is amended in the matter pre- THE TAXPAYER BILL OF RIGHTS 2 culating the reserve ratio of the Savings As- ceding subclause (I), by inserting ‘‘when nec- sociation Insurance Fund.’’. essary, and only to the extent necessary’’ after ‘‘insured depository institutions’’. SEC. 1015. REFUND OF AMOUNTS IN DEPOSIT IN- GLENN AMENDMENT NO. 3962 SURANCE FUND IN EXCESS OF DES- (b) LIMITATION ON ASSESSMENT.—Section IGNATED RESERVE AMOUNT. 7(b)(2)(A)(iii) of the Federal Deposit Insur- (Ordered to lie on the table.) Subsection (e) of section 7 of the Federal ance Act (12 U.S.C. 1817(b)(2)(A)(iii)) is Mr. GLENN submitted an amend- Deposit Insurance Act (12 U.S.C. 1817(e)) is amended to read as follows: ment intended to be proposed by him amended to read as follows: ‘‘(iii) LIMITATION ON ASSESSMENT.—Except to the bill (H.R. 2337) to amend the In- ‘‘(e) REFUNDS.— as provided in clause (v), the Board of Direc- ternal Revenue Code of 1986 to provide ‘‘(1) OVERPAYMENTS.—In the case of any tors shall not set semiannual assessments payment of an assessment by an insured de- with respect to a deposit insurance fund in for increased taxpayer protections; as pository institution in excess of the amount excess of the amount needed— follows: due to the Corporation, the Corporation ‘‘(I) to maintain the reserve ratio of the At the end of title XII, insert the following may— fund at the designated reserve ratio; or new section:

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4947 SEC. 1212. PENALTY FOR UNAUTHORIZED IN- and in order to have a balanced hear- SUBCOMMITTEE ON CHILDREN AND FAMILIES SPECTION OF TAX RETURNS OR TAX ing, witnesses will be by invitation. Mr. LOTT. Mr. President, I ask unan- RETURN INFORMATION. (a) IN GENERAL.—Part I of subchapter A of Written testimony will be accepted for imous consent that the Subcommittee chapter 75 (relating to crimes, other offenses, the RECORD. Oral testimony will be on Children and Families of the Com- and forfeitures) is amended by adding after limited to 5 minutes. Witnesses testi- mittee on Labor and Human Resources section 7213 the following new section: fying at the hearing are requested to be authorized to hold a hearing on ‘‘SEC. 7213A. UNAUTHORIZED INSPECTION OF RE- bring 10 copies of their testimony with Family and Medical Leave Act over- TURNS OR RETURN INFORMATION. them on the day of the hearing. In ad- sight during the session of the Senate ‘‘(a) PROHIBITION.—It shall be unlawful dition, please send or fax a copy in ad- on Thursday, May 9, 1996, at 9:30 a.m. for— ‘‘(1) any officer or employee of the United vance to the Committee on Energy and The PRESIDING OFFICER. Without States or any former such officer or em- Natural Resources, U.S. Senate, Wash- objection, it is so ordered. ployee, ington, DC 20510. Fax 202–228–0539. f ‘‘(2) any person described in section 6103(n), For further information, please con- ADDITIONAL STATEMENTS an officer or employee of any such person, or tact Mark Rey, Energy and Natural any former such officer or employee, or Resources Committee, at 202–224–6170. ‘‘(3) any person described in subsection (d), f (i)(3)(B)(i), (l) (6), (7), (8), (9), (10) or (12), or DEFENSE OF MARRIAGE ACT (m) (2), (4), (6), or (7) of section 6103, AUTHORITY FOR COMMITTEES TO ∑ Mr. COATS. Mr. President, today I willfully to inspect (as defined in section MEET am pleased to cosponsor Senator 6103(b)(7)), except as authorized by this title, COMMITTEE ON ENERGY AND NATURAL DOLE’s and Senator NICKLES’ bill (S. any return or return information (as defined RESOURCES 1740) defining marriage as a legal union in section 6103(b)). between one man and one woman. ‘‘(b) PENALTY.— Mr. LOTT. Mr. President, I ask unan- ‘‘(1) IN GENERAL.—Any violation of sub- imous consent that the Committee on Marriage is the institution that section (a) shall be punishable upon convic- Energy and Natural Resources be civilizes our society by humanizing our tion by a fine in any amount not exceeding granted permission to meet during the lives. It is the social, legal, and spir- $1,000, or imprisonment of not more than 1 session of the Senate on Thursday, itual relationship that prepares the year, or both, together with the costs of May 9, 1996, for purposes of conducting next generation for its duties and op- prosecution. a full committee hearing which is portunities. A 1884 decision of the Su- ‘‘(2) FEDERAL OFFICERS OR EMPLOYEES.—An preme Court called it ‘‘the sure founda- officer or employee of the United States who scheduled to begin at 9:30 a.m. The pur- is convicted of any violation of subsection pose of this oversight hearing is to re- tion of all that is stable and noble in (a) shall, in addition to any other punish- ceive testimony on the recent increases our civilization.’’ ment, be dismissed from office or discharged in gasoline prices. The definition of marriage is not cre- from employment.’’ The PRESIDING OFFICER. Without ated by politicians and judges, and it (b) CONFORMING AMENDMENT.—The table of objection, it is so ordered. cannot be changed by them. It is root- sections for part I of subchapter A of chapter COMMITTEE ON GOVERNMENTAL AFFAIRS ed in our history, our laws, our deepest 75 is amended by inserting after the item re- moral and religious convictions, and lating to section 7213 the following new item: Mr. LOTT. Mr. President, I ask Unanimous Consent on behalf of the our nature as human beings. It is the ‘‘7213A. Unauthorized inspection of returns union of one man and one woman. This or return information.’’. Governmental Affairs Committee to meet on Thursday, May 9 at 10 a.m. for fact can be respected or it can be re- (c) EFFECTIVE DATE.—The amendments sented, but it cannot be altered. made by this section shall apply to viola- a hearing on IRS Oversight. tions occurring on and after the date of the The PRESIDING OFFICER. Without Our society has a compelling interest enactment of this Act. objection, it is so ordered. in respecting that definition. The f COMMITTEE ON THE JUDICIARY breakdown of traditional marriage is Mr. LOTT. Mr. President, I ask unan- our central social crisis—the cause of NOTICE OF HEARING imous consent that the Committee on so much anguish and suffering, particu- COMMITTEE ON RULES AND ADMINISTRATION the Judiciary be authorized to meet larly for our children. Our urgent re- Mr. WARNER. Mr. President, I wish during the session of the Senate on sponsibility is to nurture and strength- to announce that the Committee on Thursday, May 9, 1996, at 10:00 a.m. to en that institution, not undermine it Rules and Administration will meet in hold an executive business meeting. with trendy moral relativism. SR–301, Russell Senate Office Building, The PRESIDING OFFICER. Without The institution of marriage is our on Wednesday, May 15, 1996, at 10 a.m., objection, it is so ordered. most valuable cultural inheritance. It to hold a hearing on campaign finance SELECT COMMITTEE ON INDIAN AFFAIRS is our duty—perhaps our first duty—to reform. Mr. LOTT. Mr. President, I ask unan- pass it intact to the future. For further information concerning imous consent that the Committee on The distortion of marriage is some- this hearing, please contact Bruce Indian Affairs be authorized to meet times defended as a form of tolerance. Kasold of the committee staff on 224– during the session of the Senate on But this represents a fundamental mis- 3448. Thursday, May 9, 1996 at 9:30 a.m. to understanding, both of marriage and COMMITTEE ON ENERGY AND NATURAL conduct an Oversight Hearing on the tolerance. RESOURCES impact of the U.S. Supreme Court’s re- I believe strongly in tolerance, not Mr. MURKOWSKI. Mr. President, I cent decision in Seminole Tribe versus only for the peace of society, but be- would like to announce for the infor- Florida. The hearing will be held in cause it is the proper way to treat oth- mation of the Senate and the public room G–50 of the Dirksen Senate Office ers. As individuals, we should never that two oversight field hearings have Building. compromise our moral convictions. But been scheduled to receive testimony on The PRESIDING OFFICER. Without we should always treat others with re- the Tongass land management plan and objection, it is so ordered. spect and dignity. the administration of timber sale con- THE SPECIAL COMMITTEE TO INVESTIGATE A government, however, has another tracts. WHITEWATER DEVELOPMENT CORPORATION duty. All law embodies some moral The first hearing will take place on AND RELATED MATTERS consensus. No society can be indif- Tuesday, May 28, 1996 at 10:30 a.m., in Mr. LOTT. Mr. President, I ask unan- ferent to its moral life, because there Ketchikan, AK. Ted Ferry Civic Cen- imous consent that the special com- are consequences for us all. ter, 888 Venetia Avenue, Ketchikan, mittee to investigate Whitewater De- Every government must set certain AL, 99901. The second hearing is sched- velopment Corporation and related standards as sign posts. It must create uled for Wednesday, May 29, 1996, at 9 matters be authorized to meet during expectations for responsible behavior. a.m., in Juneau, AL. Centennial Hall the session of the Senate on Thursday, Not every lifestyle is equal for the pur- Convention Center, Ballroom 3, 101 May 9, 1996 to conduct hearings pursu- pose of the common good. This does Egan Drive, Juneau, AL, 99801. ant to Senate Resolution 120. not mean the persecution of those who Because of the limited time available The PRESIDING OFFICER. Without fall short of the standard, but it does and the interest in the subject matter, objection, it is so ordered. mean giving legal preference to that

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4948 CONGRESSIONAL RECORD — SENATE May 9, 1996 standard. A tolerant society does not happened to their Colette will not hap- ticides such as lawn and garden uses, need to be an indifferent society. pen to another child. No mother should household uses, and fumigation uses in A government that values freedom have to go through what Nancy Chuda schools. can permit some things that it would went through. If future deaths can be Children come in contact with pes- not encourage or condone. But a gov- prevented, I know we all will be in- ticides and other toxic substances, not ernment must also promote things that debted to the tremendous energy and only from the food they eat, but from are worthy examples and social ideals. perseverance of Nancy Chuda. the air they breathe, and the surfaces Government cannot be neutral in the Mr. President, science has shown us they touch. In communities with con- debate over marriage. It has sound rea- that children are special. They are not taminated air, improving overall air sons to prefer the traditional family in simply a smaller version of you and quality for disease prevention is of its policies. As social thinker Michael me. They are still growing, many of vital importance. Some studies suggest Novak has written: their internal systems are still in the that pediatric asthma is on the rise A people whose marriage and families are process of developing and maturing, and is exacerbated by air pollution. weak have no solid institutions...family and, of course, their behavior is dif- Pollutants from tobacco smoke, stoves life is the seedbed of economic skills, money ferent. Studies show that they breathe and fireplaces, household cleaners and habits, attitudes toward work and the arts of faster. They come in contact with nu- paints, even glues and the synthetic independence. merous objects in their quest to learn fabrics used in furniture are all When we prefer traditional marriage and explore the world around them. thought to be contributing factors. One and family in our laws, it is not intol- They eat differently—children consume EPA study showed that 85 percent of erance. Tolerance does not require us foods in different amounts in propor- the total daily exposure to toxic to say that all lifestyles are morally tion to their body weight. I can remem- chemicals comes from breathing air in- equal, only that no individual deserves ber, when I was a kid, I ate mayonnaise side the home. to be persecuted. It does not require us sandwiches and I consumed whole I firmly believe that citizens have a to weaken our social ideals. It does not boxes of cereal while watching TV. right to know what substances they are require a reconstruction of our most Today, there are more questions than involuntarily subjected to, whether basic human institutions. It does not ever with respect to children’s develop- they live next to a farm or in the heart require special recognition for those mental health. And Mr. President, I am of South-Central Los Angeles. My bill who have rejected the standard. sad to say there are very few answers. will require pesticide applicators to It is amazing and disturbing that this The factors behind the special envi- keep records and submit reports to the legislation should be necessary. It is a ronmental risks that children face need EPA. Subsequently, EPA is directed to sign of the times, and an indication of special attention. A recent study publish annual bulletins informing a deep moral confusion. But events issued by the National Academy of citizens of the types and amounts of have made this definition essential. Sciences (NAS) reported on the effects pesticide chemicals that are being used The preservation of marriage has be- of pesticides in the diets of infants and in and around their neighborhood, in come an issue of self-preservation for children. The study concluded that the their apartment buildings, and most our society. I strongly urge my col- Federal Government is not doing importantly in their schools. My bill leagues to support this measure.∑ enough to protect our children from ex- would give parents the ability to make f posures to pesticides. The NAS study informed decisions to protect their family. Public health and safety de- TRIBUTE TO NANCY CHUDA essentially confirmed what many in the regulatory community were al- pends on its citizens and local officials ∑ Mrs. BOXER. Mr. President, I am ready worried about. Although we may knowing the toxic dangers that exist in pleased today to announce my inten- have the highest quality and the safest their communities. tions to introduce in the near future, a food in the world, the fact is that risk EPA’s Toxics Release Inventory bill that will help protect the children assessments of pesticides and toxic [TRI] collects chemical release infor- of this country from the harmful ef- chemicals do not differentiate clearly mation from manufacturing and sev- fects of environmental contaminants. I enough between the risks to children eral other industries. It is the Nation’s can not think of a more appropriate and the risks to adults. most popular and highly successful time of the year than the time we rec- It has been estimated that up to one- community right to know program. ognize the special achievements of half of a person’s lifetime cancer risk TRI is generally well supported mothers, to focus this Nation’s atten- may be incurred in the first 6 years of through voluntary compliance of in- tion on protecting the health and safe- life. There is currently not enough industry. The program has prompted ty of our children. Mr. President, I am formation to know exactly how to ac- many companies to set ambitious pol- working hard on this piece of legisla- count for all of the differences when lution reduction goals as well as vol- tion, not only because I am a mother, conducting a risk assessment. We need untary restrictions and improvements. but because I want to pay tribute to to know more about what health risks My bill will apply a similar philosophy one exceptional mother. This mother our children are exposed to. We need to to other kinds of environmental con- knows the intense sadness of losing her collect exposure data not only on our taminants. I am betting on the same child. children’s diets, but also, on our chil- outcome emerging from applicators This very special mother lives in my dren’s exposure to air pollutants and and users of pesticides and believe this State and I am proud to call her my surface pollutants. The fact is that we will benefit everyone concerned. friend. Three years ago, Mrs. Nancy do not have the data that allows us to I strongly support the administra- Chuda came to visit me to ask for help. quantify and measure the differences tion’s policies over the past few years Her little girl, all of 5 years old, had between how adults and children re- to place greater emphasis and atten- died of cancer—a nongenetic form of spond to environmental pollutants. tion on the environmental health cancer. No one knows why or how or The absence of this data often pre- issues that affect children. I especially what caused little Colette Chuda to be- cludes effective government regulation applaud the Environmental Protection come afflicted. She was a normal, of environmental pollutants. In my Agency for taking the lead. Last year beautiful girl in every way. She liked bill, I intend to change this. We must EPA made it an agencywide policy to to draw pictures of flowers and happy ensure that our regulators have the consider the risks to infants and chil- people. One thing is certain, she was data they need to be able to assess the dren consistently and explicitly in blessed to have two wonderful parents. risks of these substances to children. every regulatory decision. EPA’s Nancy and Jim Chuda, despite their This would let them do their job of pro- stance has inspired me to include its grief, chose to turn their own personal tecting our most vulnerable sector of policy in my bill and to expand its phi- tragedy into something positive. They society from environmental pollutants. losophy to other Federal agencies have labored endlessly to bring to the Although most people associate pes- charged with regulating toxic sub- country’s attention the environmental ticide use with agriculture, children stances and environmental pollutants. dangers that threaten our children. may be exposed to far greater health The factors behind the special environ- They want to make sure that what risks by other common uses of pes- mental risks that children may face

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4949 need and deserve special attention so victim of budgetary constraints, and I IN CELEBRATION OF WOMEN IN that in the future we can prevent the am pleased that S. 1735 will preserve a PUBLIC SERVICE kinds of problems that children have Federal role in crafting a coherent pol- ∑ Mr. HATFIELD. Mr. President, I suffered from lead in paint, asbestos in icy to promote the United States as a would like to take this opportunity to schools, and pesticides in food.∑ tourist destination. The bill will also share with my colleagues a unique con- f provide for a repository of information ference which took place earlier this to enable the tourism industry to de- MAGRUDER PRIMARY SCHOOL week—the sixth annual Southern velop a strategy to compete for the Women in Public Service conference ∑ Mr. WARNER. Mr. President, I am international tourism dollar. I hope hosted in Birmingham, AL, by the pleased today to have the opportunity that this new organization will become John C. Stennis Center for Public Serv- to give well deserved recognition to an a model for public-private partnerships ice. The theme of this gathering was exemplary elementary school. and will fill the void left by the elimi- ‘‘Coming Together to Make a Dif- Magruder Primary School in Newport nation of USTTA∑ ference.’’ Over the past 6 years, this News has been selected as a U.S. De- event has become the most significant partment of Education Title I Distin- f annual bipartisan gathering of women guished School. political and business leaders through- At Magruder Primary, ‘‘hard work MENTAL HEALTH CARE out the South. The event has grown pays off’’ isn’t just a motto, it’s a way each year but the purpose remains the of life. In 4 years time Magruder’s read- ∑ Mr. INOUYE. Mr. President, last same: to make government better, ing scores leapt 79 percent—from 1 per- month, when the Senate passed the more effective and more responsive by cent of second-graders reading at or Domenici-Wellstone mental health par- bringing women into public service above their grade level in 1992 to 80 per- ity amendment by an overwhelming leadership. cent for the most recent school year. vote of 68 to 30, during our delibera- As a board member of the Stennis Having placed last in reading achieve- tions on the health insurance reform Center, I have watched this organiza- ment tests in 1992, the school is now legislation, it was, in my judgment, a tion consistently enable women to pur- number five in Newport News. historic occasion. sue public service careers by providing Many hard workers are to be com- an avenue in an area of the country mended for this outstanding accom- Since President Jimmy Carter estab- which needs it more than any other. plishment: teachers, administrators, lished his Commission on Mental This challenge is illustrated by the fact parents, business leaders and, of Health, it has been clear to a number that only 1 of 8 women in the U.S. Sen- course, the students. of us that, eventually, it would be in ate is from the South; 1 Southern State As a strong believer in parental in- our Nation’s best interest to ensure has never elected a woman to statewide volvement, I am thrilled that that those afflicted with mental illness executive office while another has Magruder’s home-school coordinator are treated in the same manner as never sent a woman to Congress; 9 of makes certain that parents are ac- those afflicted with any other physical the 11 States which rank lowest in the tively involved in their child’s edu- ailment. Unfortunately, probably pri- percentage of women in State legisla- cation. This individual’s responsibil- marily due to the stigma long attached tures are in the South and no Southern ities run the gamut—from retrieving to receiving mental health care, this State currently has a female Governor. forgotten permission slips to providing has been a long and difficult process. I can tell you however, Mr. President, parents with homework enrichment As I listened to the debate that this will not be the case for much tips. Thursday evening and watched our col- longer. This conference is changing at- I would also like to offer a special ac- leagues vote, I kept thinking to myself titudes by its very visibility in train- knowledgment to the business partners how one individual, Senator DOMENICI, ing and inspiring women for appointed who sponsored home reading programs, truly made a difference in the lives of and elected office each year. In fact, special assemblies and student incen- our Nation’s citizens. During the years the Stennis Center was credited this tives. we have served together in the U.S. week as the last great glass ceiling Mr. President, as stated in a recent Senate, I have been very pleased to breaker. Much credit goes to former Newport News Daily Press article, work closely with him in a number of Congresswoman Lindy Boggs, who Magruder’s demographics had the capacities, for example on the various serves as the chair of the conference school destined for supposed failure. Senate Appropriations subcommittees year after year. She is an inspiration Eighty-four percent of its students re- and, most recently, on behalf of our for many women and she is continuing ceive free lunches; 69 percent live with Nation’s Native Americans. to use her platform to define public only one parent. Other schools should service for others. Quite simply, Lindy Throughout our deliberations, our take note. If Magruder Primary School is contagious. colleague has always made explicitly can improve its reading scores, others Recently, our Nation celebrated the clear the importance of ensuring that can too. 75th anniversary of women’s suffrage— the Congress and the administration, Magruder Primary School stands as a to coin a phrase, women have come a and ultimately the private sector, beacon for the wise use of Federal dol- long way, baby. We now have women must, in fact, treat those afflicted with lars. While we must reign in an often serving in the public policy arena in mental illness and their families in a intrusive government, some govern- nearly all capacities, yet the pace is humane and compassionate manner. ment programs are clearly worthwhile. agonizingly slow. In the early 1970’s, Senator DOMENICI was willing to share Title I funding for our Nation’s schools only 4.5 percent of all State legislative with us his personal family experi- is such a program. Title I funding has seats were held by women. Today, 21 ences. I have no doubt that his resolve helped Magruder Primary achieve this percent of the 7,424 State legislative and persistence are the reasons that important success.∑ seats in this country are held by most of us voted on behalf of this im- f women. Women hold 56 or 10.5 percent portant amendment. of the 535 seats in the 104th Congress. TOURISM ORGANIZATION ACT I sincerely hope that the House-Sen- One State in the Union has a woman ∑ Mr. HOLLINGS. Mr. President, I rise ate conferees will ultimately accept Governor—New Jersey, led by Chris- in support of the bill introduced yester- the provisions of the Domenici- tine Todd Whitman. day to establish a U.S. Tourism Orga- Wellstone amendment, as it represents In 1994, four States had women Gov- nization, S. 1735. I am pleased to co- excellent public policy. However, at ernors, including my own State of Or- sponsor the legislation. Tourism is the this point, I just wanted to share my egon which was led by Barbara Rob- second largest employer in my State appreciation with my colleagues for erts. Governor Roberts is currently and a critical component of my State’s the Senator from New Mexico’s efforts teaching at the John K. Kennedy economic development. It is unfortu- over the years—he is truly the consum- School at Harvard University. My nate that the U.S. Travel and Tourism mate public servant. All of us can learn State has a strong history of capable Administration [USTTA] has become a from his dedication.∑ women serving in statewide and locally

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4950 CONGRESSIONAL RECORD — SENATE May 9, 1996 elected positions. Currently, the mayor GIRL SCOUT GOLD AWARD derwater Demolition Team 11. During of Portland is Vera Katz, a talented ∑ Ms. MIKULSKI. Mr. President, each his tours in Vietnam, he led numerous legislator. Our chief State school offi- year an elite group of young women successful combat operations and cer, Norma Paulus, serving in a non- rise above the ranks of their peers and served as a senior provincial reconnais- partisan, statewide elected capacity, confront the challenge of attaining the sance unit advisor. While commanding has been the trailblazer for women in Girl Scouts of the United States of Underwater Demolition Team 11 he government in Oregon. Even with this America’s highest rank in Scouting, also participated in the recovery oper- history, Oregon only has women serv- the Girl Scout Gold Award. ations of Apollo 10, 11 and 12. ing in 28 percent of its elected posi- It is with great pleasure that I recog- During several high-level assign- tions. I hope that the Stennis model nize and applaud young women from ments in Washington, DC, Admiral can be duplicated in other regions the State of Maryland who are this LeMoyne held key positions where he across the country, with the Northwest year’s recipients of this most pres- was responsible for integrating naval at the top of the waiting list. tigious and time honored award. special warfare into the U.S. regional military strategy and was a driving Among the reasons for increasing the These outstanding young women are force behind the modernization of the number of women in public service to be commended on their extraor- community. leadership is to improve government at dinary commitment and dedication to In 1987 Admiral LeMoyne became the all levels. Women make up 52 percent their families, their friends, their com- first commander of the Naval Special of the population and the majority of munities, and to the Girl Scouts of the Warfare Command which was formed as all registered voters. Without large United States of America. The qualities of character, persever- the result of the Nunn-Cohen amend- numbers of women in government, ance, and leadership which enabled ment to the National Defense Author- America is missing out on some of its them to reach this goal will also help ization Act for fiscal year 1987. His most capable, effective leaders who can them to meet the challenges of the fu- leadership of this command brought to- improve the quality of life not just for ture. They are our inspiration for gether the many components of Naval women, but for all Americans. today and our promise for tomorrow. Special Warfare into a single commu- I would like to just add a word of per- I am honored to ask my colleagues to nity which was successfully integrated sonal tribute to all of the forms of pub- join me in congratulating the recipi- into the joint structure of the newly lic service women give. Some of our ents of this award from the State of formed U.S. Special Operations Com- strongest role models were never elect- Maryland. They are the best and the mand. ed but served in one of the most dif- brightest and serve as an example of As the Director of Resources and ficult positions of power—from Eleanor character and moral strength for us all then as the Deputy Commander in Roosevelt to Nancy Reagan to Hillary to imitate and follow. Chief of the U.S. Special Operations Clinton—all of these First Ladies de- Finally, I wish to salute the families, Command, Admiral LeMoyne further serve our gratitude for blazing the trail Scout leaders, and the Girl Scouts of ensured that not only Naval Special to serve their country. Their example Central Maryland who have provided Warfare, but all special operations will serve the initial ‘‘First Gen- these young women with continued forces were prepared to meet the de- tleman’’ quite well. support and encouragement. mands of Operations Desert Shield and The Stennis Center, established in It is with great pride that I submit a Storm and the numerous contingency 1988 to exemplify the life of public serv- list of this year’s Girl Scout Gold operations of the 1990’s. ice defined by Senator John C. Stennis Award recipients from the State of Throughout his career Admiral of Mississippi, is doing quality work Maryland, and I ask unanimous con- LeMoyne has been a driving force be- not only for women in the South, but sent that the list be printed in the hind the modernization of Naval Spe- for many of our own staff family. This RECORD. cial Warfare. His accomplishments The list follows: is the second year of the John C. Sten- have paved the way for special oper- nis congressional staff fellows—a pro- GOLD AWARD RECIPIENTS ations forces as this country ap- Laura Lee Albright, Jessica Bolyard, An- proaches the 21st century. The legacy gram which provides senior congres- drea Bedingfield, Ashley Berger, Melissa sional staff with an opportunity to of his leadership and foresight will Boyle, Kelly Brooks, Lauretta Burgoon, An- carry on well into the next century as focus on improving the performance of gela Comberiate, Teresa Crocker, Virginia Congress as an institution. The center Dentler, Jennifer Hafner, Shawn Hagy, Angie special operations forces meet the also operates the John C. Stennis Na- Henderson, Susan Hoffman, Karyn Kahler, challenges of the battlefield of the fu- tional Student Congress, a State execu- Rachel King, Melissa Lauber, Tiffany Lee, ture. tive development institute, a legisla- Christina Mauzy, Amanda Morgan, Rebecca I bid Admiral LeMoyne, his wife, tive staff management institute and a Morgenroth, Erin Morrow, Meriel Newsome, Elizabeth, his son Irve C. Jr., and his Kerry Nudelman, Lori Odom, Rebecca Otte, national black graduate students con- daughter, Christian fair winds and fol- Elizabeth Palmer, Karen Phillips, Ilisa lowing seas.∑ ference—an activity designed to recruit Pyatt, Allison Rachford, Shannon Smoot, minorities to be congressional aides. Tecoya Shannon, Heather Simons, Faith f All of this work is done by a small staff Stewart, Kathleen Thorn, and Heather Wil- led by the very capable Mr. Rex G. son.∑ BOEING’S 777 WINS PRESTIGIOUS Buffington II, the executive director of f ROBERT J. COLLIER TROPHY the center. We all owe Mr. Buffington REAR ADM. IRVE C. LeMOYNE ∑ Mrs. MURRAY. Mr. President, I am and his staff a debt of gratitude for the ∑ Mr. KERREY. Mr. President, I rise honored and proud to recognize the time and effort they are expending, in today to recognize Rear Adm. Irve C. Boeing Co. from my home State of the name of my friend John Stennis, to LeMoyne, the U.S. Navy’s highest Washington as the 1996 winner of the insure that young people are attracted ranking and longest serving SEAL. Ad- prestigious Collier Trophy presented by to careers in public service, that train- miral LeMoyne retires this month the National Aeronautic Association. ing and development opportunities after 35 years of service to our Nation. The Collier Trophy, the industry’s exist for those in public service and His extraordinary accomplishments highest honor for aeronautics achieve- that congressional staff are better have been instrumental in the evo- ment, will be presented to the Boeing equipped to perform their duties more lution of this country’s special oper- 777 team this evening here in the Na- effectively and efficiently. ations forces and will have a lasting tion’s capital. This week’s conference provides just impact as the U.S. military enters the According to the National Aero- the most recent example. As one of the 21st century. nautic Association, Boeing was cited conference participants shared this Admiral LeMoyne began his Navy ca- for, ‘‘designing, manufacturing and week ‘‘If this conference didn’t light reer as an ensign in 1961. Following placing into service the world’s most your fire, then check your wood, be- graduation from underwater demoli- technologically advanced airline trans- cause it must be wet.’’ Mr. President, I tion training and service with Under- port.’’ These words are high praise, yet suspect that many flames are burning water Demolition Team 22, he served in they only begin to describe the awe- bright right now.∑ Vietnam with SEAL Team 1 and Un- some innovations achieved by the 777

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4951 team. The 777 was developed under the from London’s Heathrow Airport to call him my friend. And now that his theme ‘‘Working Together’’ and rep- Dulles Airport in Washington, DC. retirement is imminent, I know I speak resents the work of thousands of Boe- More than 20 airlines have signed or- for thousands upon thousands of people ing employees, Boeing customers and ders to purchase and fly the Boeing 777. in central Ohio when I say: ‘‘Thank program partners, thousands of sup- Importantly, virtually all of the air- you, Maury.’’ Thank you for caring; pliers, regulatory authorities, pas- lines are foreign customers including thank you for always giving your best; sengers, pilots, and flight attendants. British Airways, China Southern, Ca- thank you for always being there. We The Working Together concept and thay Pacific, Korean Air Lines, Thai all wish you and your beautiful wife, process will be a model for future re- Airways, Japan Airlines, South Africa Alice, good luck and Godspeed in what- search and development efforts for U.S. Airways, and Saudi Arabia Airlines. ever you decide to do next. And please industry. This ensures that the Boeing Co. will know that just as you always remem- The 777, with approximately 300 air- remain one of America’s premier ex- bered Columbus, Columbus will never craft on order, positions the Boeing Co. porters. I want to stress to my col- forget you.∑ and its family of aircraft to compete leagues that this international aircraft and succeed in the competitive global is a job generator for my home State as f market for years to come. The 777 is well as Americans in virtually every the fourth Boeing Co. Collier Trophy State. SARAH EMILY MOORE JONES winner; the B–52, the 747 and the 757-767 Congratulations to the 777 team, the ∑ Ms. MIKULSKI. Mr. President, I programs also received this coveted Boeing Co., and the thousands of indi- would like to call to the attention of award. vidual Washingtonians who labored to The Boeing 777 is the first commer- ∑ my colleagues the upcoming birthday design and build this historic aircraft. of Mrs. Sarah Emily Moore Jones, a na- cial jetliner designed and preassembled f entirely by computer simulation. More tive Marylander. On Saturday, May 11, than 235 design-build teams, linked IN HONOR OF M.D. PORTMAN OF 1996, Mrs. Jones will become 92 years electronically through advanced com- COLUMBUS, OH young. I know my colleagues join me puters, worked together to create the ∑ Mr. GLENN. Mr. President, I rise in extending heartfelt birthday wishes airplane’s parts and systems and to today in tribute to a great American, a to Mrs. Jones. Mrs. Jones was born in Wetipquin, evaluate the aircraft from every per- great Ohioan, and a man who might MD, the fourth of seven children. She spective. This new and innovative de- truly be called ‘‘Mr. Columbus’’— attended Wetipquin Elementary School velopment process enabled the 777 pro- Maury Portman. and Salisbury High School and received gram to exceed its goal of reducing On May 20, Maury will retire as a Co- a degree in education from Bowie Nor- change, error, and rework by 50 per- lumbus City Councilman—and thus mal, which is now Bowie State Univer- cent. Importantly, Boeing plans to close a career that has spanned not sity. Mrs. Jones taught in the apply this new development model for only 42 years in Columbus city govern- Wicomico County public school system maximum efficiency to other airplane ment, but also 3l years on Council and in elementary and adult education. She programs. l2 of those as council President. The most exhaustive flight test pro- I think it’s fair to say that no single is a faithful member of St. James Free gram in commercial jetliner history individual has done more to help Co- Methodist Church, in Head of Creek, helped the 777 earn simultaneous cer- lumbus grow from a mid-sized town in MD, where she served as the musician tification from the Federal Aviation the l950’s to the Nation’s l6th largest for over 40 years. Administration and the European city in the l990’s than M.D. Portman. On June 27, 1925, Sarah Emily Moore Joint Aviation Authorities. The 777 is Indeed, virtually every major piece of married Matthew Jones of Head of the first airplane in aviation history to progress Columbus has made over the Creek, MD. To that union, four chil- earn FAA approval to fly extended- past few decades has Maury’s finger- dren were born: Thelma Martin and range twin-engine operations routes at prints on it. He wrote and sponsored Matthew Jones of Washington, DC, service entry. This allowed airlines to the legislation creating the Columbus Linfred Jones of Quantico, MD, and offer the most direct routes between Department of Development, sponsored Mary Hilda Elsey of Nanticoke, MD. transoceanic cities beginning on the the legislation allocating city funds for Mrs. Jones has one stepson, Samuel aircraft’s first day of service. Before the arts, sponsored the legislation cre- Boslee of New Jersey. She is also a entering into service, the 777 set Na- ating the Municipal Airport Authority grandmother, a great grandmother, tional Aeronautic Association-certified that runs Port Columbus, established and a great great grandmother. After her husband of 60 years passed speed records between Seattle, Wash- various committees to curb racial ten- away on September 6, 1985, Mrs. Jones ington and cities in Sweden, Thailand, sions in the city, helped plan the continued to live independently until France, Germany, and Switzerland. outerbelt expressway around Colum- December 6, 1995, when she incurred a The 777 contains numerous other bus, worked to bring the Columbus hip injury. As a result of her injury, technological aircraft advancements. City Center development to fruition and the surgery and rehabilitation that The fuselage is wider in cross-section and tirelessly lobbied me and my col- followed, she began living with her than any other jetliner with similar leagues here in Washington to obtain daughter, Thelma. seating capacity. Advanced composite Federal funds for a variety of neighbor- materials have lowered direct oper- The ever soft-spoken, perpetually hood renewal projects. happy Sarah can be found smiling and ating costs, improved aircraft safety, In short, it can accurately be said of composed through any circumstance. and created new cargo opportunities Maury Portman that Columbus could She is revered and loved by all whose for airlines. More than 7,000 hours of not have held the last half of the 20th lives she touches. I ask my colleagues flight deck pilot simulation will pro- century without him. to join me in wishing Sarah Jones a vide more reliability, longer service I think the editors at his hometown ∑ life and better visibility for pilots. The newspaper, the Columbus Dispatch put very happy 92d birthday. landing gear features better weight dis- it well when they said: ‘‘Portman has f tribution on runways while reducing been able to function so effectively be- weight and maintenance costs. The 777 cause he never had a personal agenda. will carry approximately 100 more pas- His energies were directed not to what A MOTHER’S DAY WISH TO END sengers and has a noise footprint less would help him get ahead, but what GUN VIOLENCE than half that of the older jets it is de- was in the best interest of the commu- ∑ Mrs. BOXER. Mr. President, this signed to replace. nity.’’ Sunday is Mother’s Day, when millions On May 15, 1995, United Airlines took Mr. President, Maury Portman is a of sons and daughters will gather to delivery of the very first Boeing 777. one-of-a-kind original. He personifies pay tribute to the women who raised This momentous occasion was marked all that is best about public service. them. Mother’s Day is a joyous cele- by a special ceremony at the Seattle And the city of Columbus will miss his bration for most, but for families Museum of Flight. On June 7, 1995, the leadership greatly. touched by the epidemic of gun vio- 777 entered commercial service with I feel fortunate to have known and lence, it can be a cruel reminder of United as Flight No. 921, traveling worked with Maury—and I am proud to what they have lost.

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4952 CONGRESSIONAL RECORD — SENATE May 9, 1996 I want to speak today about one such think it can’t happen to them. The idea sible for the VA to provide America’s family, and I want to tell Senators how for this particular AIDS Education veterans with 21st Century health care. a mother from Orange County, CA, Week in New Jersey came from Jessica To accomplish this, the VA must be au- Mary Leigh Blek, chose to honor her Pomerantz, a student at Cresskill High thorized to receive Medicare reim- son’s memory by becoming a leader in School, a suburban school in an area bursements for treatment of some the fight against violence. where families are not faced with prob- Medicare-eligible veterans. Two dif- On June 29, 1994, Mary Leigh Blek ex- lems of the inner cities. Jessica felt the ferent proposals prepared by major vet- perienced every mother’s nightmare—a need to talk about this precisely be- erans service organizations (VSO’s) 3 a.m. phone call from the police, tell- cause she sensed that her fellow class- provide that the VA be authorized to ing that her beloved son Matthew had mates were like most people—they be- receive Medicare reimbursement for been shot and killed. Matthew Blek lieved they would never be the ones to treating Medicare-eligible veterans. was walking his date home that night get the AIDS virus. The fact is, as she The GAO, however, has questioned when three teenagers on a violent ram- says, AIDS is an equal opportunity both the feasibility and cost of pro- page shot him twice in the head. killer. The fact is this AIDS education viding Medicare reimbursement to the The weapon used in that terrible week is very significant. VA. While I lean toward the VSOs’ crime was a junk gun, probably manu- AIDS has become a defining facet of view that Medicare reimbursement factured in southern California. Con- modern life: The 80,000 Americans re- would be both feasible and cost-effec- gress has prohibited the importation of ported with AIDS in 1994 alone rep- tive, the only way to prove this is by these cheap, poor quality, and easily resented one-fifth the total number of means of a demonstration project that concealable firearms, but has allowed cases ever reported in the United will determine both the feasibility and their domestic manufacture to soar un- States; AIDS infects one of every 92 cost effectiveness of Medicare sub- checked. young American men ages 27 to 39; it’s vention. That is precisely what my leg- For the past year, Mary Leigh Blek the leading cause of death among all islation will authorize. and her husband Charles have been on 25–44 year olds and the fourth leading Second, I believe that because the VA a crusade to stop the proliferation of cause of death among all women. is facing and will likely continue to these junk guns. ‘‘Silence is consent,’’ In New Jersey, some 50,000 people are face severe funding constraints that she says, and Mary Leigh Blek has infected with the HIV virus. We’re fifth will reduce its capabilities to provide been anything but silent. She has be- in the United States in reported AIDS access to quality health care, the VA come a tireless organizer in the anti- cases, third in pediatric AIDS cases. will be under strong pressures to deny gun-violence movement—making Women represent 26 percent of all re- health care to Medicare-eligible vet- speeches, attending rallies, and most ported AIDS cases in New Jersey, the erans who are not in the mandatory recently testifying before a Committee highest proportion of women with category for outpatient or inpatient of the California Legislature. AIDS in the entire country. And treatment. For many years VA medical Mary Leigh Blek is determined to women are the fastest-growing group of costs have lagged behind medical cost spare other mothers the pain that people with HIV/AIDS. inflation and under the budget resolu- ripped her family apart. When I intro- Last December, the eighth observ- tion adopted by Congress last year the duced the Junk Gun Violence Protec- ance of World AIDS’ Day took as its VA medical care budget would be fro- tion Act, a bill that would apply the theme, ‘‘Shared Rights, Shared Re- zen for 7 years, lagging behind overall same standards to domestically pro- sponsibilities.’’ Jessica and her fellow inflation and probably even further be- duced handguns as are currently ap- students at Cresskill High School have hind medical cost inflation. As a con- plied to imports, Mary Leigh Blek was taken that message to heart. They un- sequence, the VA may be compelled to there. Once again, she told the story of derstand the stake they have in this ration care, with veterans 65 and over how her son was slain and why these fight. They know they shouldn’t and one of the groups likely to be affected. poor quality, easily concealable hand- they cannot ignore it for the sake of Even before the VA was faced with a guns should not be on the streets. I their own future and the future of gen- flat health care budget, many of its fa- know it is hard for her to keep talking erations all over the world. ‘‘We must cilities were compelled to resort to ra- about this tragedy, and I admire her protect our future,’’ they say, ‘‘by tak- tioning. Despite the bold and imagina- courage and the sense of public service ing responsibility for our actions if we tive efforts of Secretary of Veterans that motivates her to keep up the are to accomplish our goals.’’ Affairs Jesse Brown and his Under Sec- fight. Mr. President, I’m tremendously retary for Health Ken Kizer to mod- This Mother’s Day, I will think of proud of these young people from New ernize, streamline and decentralize VA Mary Leigh Blek. It is my hope that by Jersey. I ask my colleagues to join me health care, a flat VA health care next Mother’s Day, the kind of gun today in wishing them continued suc- budget for 7 years can only lead to that killed her son Matthew will no cess.∑ more extensive rationing of health care longer be out on the streets.∑ f for veterans. This will further fray our solemn contract with the men and f MEDICARE REIMBURSEMENTS FOR women who selflessly defended our AIDS EDUCATION TREATMENT OF SOME MEDI- country. CARE-ELIGIBLE VETERANS ∑ Mr. LAUTENBERG. Mr. President, I Mr. President, the bill I am planning rise today to commend the students ∑ Mr. WELLSTONE. Mr. President, I’m to introduce is intended to ensure that and faculty at Cresskill High School in pleased and honored to announce my our aging veterans population is not my State for proposing a weeklong intention to introduce legislation in denied access to VA health care at a focus on HIV/AIDS, from May 27 to the coming days which I believe will time when they need it most. Improv- June 2, 1996. demonstrate the cost effectiveness and ing and safeguarding health care for It’s true that this is one of many feasibility of Medicare reimbursement our country’s veterans should be a pri- spotlights that have been trained on to the Department of Veterans Affairs ority issue for my colleagues on both this epidemic; and it’s true that there [VA] for treatment of some medicare- sides of the aisle. I hope all of my col- have been many seminars and edu- eligible veterans at VA health care fa- leagues will carefully review my bill cational forums designed to inform the cilities. after it is introduced and will carefully public about the devastation this dis- There are two very important rea- consider supporting it.∑ ease causes and the medical and other sons I intend to introduce and press for f support services available to sustain passage of this legislation which I individuals and families living with would like to briefly outline. First, re- ORDERS FOR MONDAY, MAY 13, HIV/AIDS. forming veterans’ health care is one of 1996 But the fact is that despite statistics my top priorities. I strongly believe Mr. LOTT. Mr. President, I ask unan- clearly demonstrating that AIDS is no that if we don’t reform the archaic and imous consent that when the Senate respecter of racial, religious, ethnic, or arcane rules governing veterans access completes its business today it stand economic lines, most people prefer to to VA medical care, it will be impos- adjournment until 12 noon on Monday,

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4953 May 13; further, that immediately fol- the minimum wage before the U.S. in the weeks before, in spite of the fact lowing the prayer the Journal of pro- Senate because, as the record shows that the majority leader has voted for ceedings be deemed approved to date, very clearly, we have demonstrated a an increase in the minimum wage four that no resolutions come over under majority support for increasing the times, voted against it eight times, but the rule, that the call of the calendar minimum wage as an amendment on voted for it on four different occasions, be dispensed with, the morning hour be legislation earlier this year, and at the and in spite of the fact that Republican deemed to have expired, and there then time that the Senate voted by 55 votes, Presidents Eisenhower, Bush, and be a period of morning business until Republicans and Democrats, to in- Nixon have all supported an increase in the hour of 3:30 p.m. with Senators al- crease the minimum wage. Our Repub- the minimum wage. So, it is an inter- lowed to speak for up to 5 minutes lican majority leader made a motion to esting perhaps story about the proce- each. recommit the pending legislation, dural steps which have been taken by I further ask that Senator DASCHLE, sending it back to the committee and various Senators to deny an increase in or his designee, be in control of the having it returned to the floor without the minimum wage. time between 12:30 and 2 p.m., and that that amendment that was pending But, Mr. President, there is no doubt Senator COVERDELL, or his designee, be which would have effectively denied us in the minds of the American people in the control of the time between the any further debate or discussion of the about what is taking place here in the hours of 2, and 3:30 p.m.; and, further, minimum wage. And, before that ac- U.S. Senate; Republican leadership de- that immediately following morning tion was processed, I filed a cloture nying working families on the bottom business the Senate resume consider- motion on the minimum wage to at rung of the economic ladder the oppor- ation of H.R. 2937, the White House least assure that the Senate would tunity to have a living wage, a living Travel Office legislation. have an opportunity to vote on the wage for themselves and for their fami- The PRESIDING OFFICER. Without minimum wage issue and which we lies, and that is wrong. No parliamen- objection, it is so ordered. have been denied the opportunity to tary procedure is going to change that do. f fundamental fact. The Senator from Mississippi can Now, Mr. President, in recent days a PROGRAM continue to talk about the various pro- number of commentators have pointed cedures, processes, and actions that Mr. LOTT. Mr. President, the Senate out that the Senate seems to be in the can be used by the Republican leader- will resume consideration of the White doldrums, ‘‘D-o-l-e-d-r-u-m-s.’’ I believe ship to avoid this institution taking a House Travel Office bill and the pend- the normal spelling leaves out the vote up or down on the minimum wage, ing gas tax repeal issue on Monday. ‘‘e’’—d-o-l-d-r-u-m-s. I thought it might which they have been successful in There will be no further votes during be worth listening to some of the dic- doing. But I do not think there is an today’s session. The Senate will not be tionary definitions for that word. American today that does not under- in session on Friday of this week, and The Random House Dictionary of the stand that it has been the Republican no rollcall votes will occur during Mon- English Language defines it this way: leadership position in the House of day’s session of the Senate, although A state of inactivity or stagnation; Representatives and the Senate of the the Senate will be in session on Mon- A belt of calms and light baffling winds; United States that is frustrating the day. Or, three: overwhelming sentiment of the people Senators are expected to debate the A dull, listless, depressed move; low spir- of this country—in all regions of the gas tax repeal issue throughout the day its. country and among all ages of the on Monday. And, as a reminder, a clo- The Oxford English Dictionary refers country—that believe that fairness and ture motion was filed on the pending to the doldrums this way: decency ought to permit the Senate of amendment. A vessel almost becalmed, her sails flap- the United States and the House of And, therefore, I ask unanimous con- ping about in every direction. Representatives to vote on a modest sent that the cloture vote occur on the It goes on to call it: increase for those men and women who Dole amendment at 2:15 p.m. on Tues- work 40 hours a week, 52 weeks of the A region of unbearable calm broken occa- day, May 14, and the mandatory sionally by violent squalls. year, to try to provide for themselves quorum under rule XXII be waived. and their families. The American Heritage Dictionary The PRESIDING OFFICER. Without That is not favored by the majority defines it this way: objection, it is so ordered. leadership. That is opposed by the Re- Ocean regions near the equator character- f publican leadership, and the Senator ized by calms, or light winds, and the calms characteristic of; ORDER FOR ADJOURNMENT from Mississippi, as outlined earlier, which may be of interest to I do not Or, second: Mr. LOTT. Mr. President, if there is know who at this hour of the day here The calms characteristic of these areas; no further business to come before the in the Senate, about various proce- Or, third: Senate, I now ask that the Senate dures that are utilized to deny us that A period of inactivity, listlessness, or de- stand in adjournment under the pre- opportunity. But I can tell you that pression probably influenced in form by the vious order following the remarks of there are families that are gathered word ‘‘tantrum.’’ the distinguished Senator from Massa- around the kitchen table at this mo- That seems to fit the Senate pre- chusetts. ment at 6:30 at night, and there are the cisely. First our Republican friends The PRESIDING OFFICER. Without mothers of children that are gathered have a tantrum over the Democratic objection, it is so ordered. there at the kitchen table at this very efforts to raise the minimum wage. The Senator from Massachusetts. moment that are wondering how they Then our Republican friends go into Mr. KENNEDY. Mr. President, I are going to pay the utility bill, or the the doldrums. thank the Senator for permitting us to emergency room bill, or the rent, or The American people look to the address the Senate for just a few mo- food on the table, or the clothing for Congress for action on the minimum ments at this time. their children. That is happening now. wage, and all they see are cloture mo- f And, if they could afford a television tions, quorum calls, and procedural and watch what is happening on the gymnastics to avoid taking action. ACTIONS OF THE SENATE floor of the U.S. Senate, they have to I say end the gridlock, end the dead- Mr. KENNEDY. Mr. President, I ask, ‘‘Why? Why is the Republican lock, end the doldrums. The way for wanted to just correct the record with leadership demanding or forbidding the Senator DOLE to find his way out of the regard to the suggestion of the Senator opportunity to have an up-or-down doldrums is clear: Raise the minimum from Mississippi about actions that vote on this measure one more day, one wage. were taken by those of us who favor more day?’’ Finally, Mr. President, on one other having an up-or-down vote on the min- They denied it yesterday, denied it matter that was raised by my friend imum wage and the action that was the day before, denied it the day before from Mississippi about cloture mo- necessary to try to keep the issue of that, denied it last week, and denied it tions; and there will be those that will

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4954 CONGRESSIONAL RECORD — SENATE May 9, 1996 study this period of history in the 102d, would be permitted—unanimous con- ADJOURNMENT UNTIL MONDAY, 103d, and the 104th Congress. sent—a completely different history MAY 13, 1996 What they will find is that the times than has been described either earlier The PRESIDING OFFICER. Under when the cloture motions were filed this evening or by the majority leader the previous order, the Senate stands was to close off the prolonged debate on yesterday. adjourned until Monday, May 13, 1996. which was taking place in the Senate. So, Mr. President, as I mentioned, Thereupon, the Senate, at 6:57 p.m., But they will also find that when our the people in my State who are receiv- adjourned until Monday, May 13, 1996, Republican leadership has been filing ing the minimum wage have been for- at 12 noon. the cloture motions in this Congress, it f is not to terminate debate. It is to tunate in that my State increased the block out debate, to close out the pos- minimum wage. Fortunately, it has NOMINATIONS sibilities to offer amendments to the been in effect since January of this Executive nominations received by underlying measure, a very significant year, and the unemployment has gone the Senate May 9, 1996: and important difference. It can be down. It has gone down. In our neigh- THE JUDICIARY boring State of New Hampshire, where made light of on the floor of the Sen- RICHARD A. LAZZARA, OF FLORIDA, TO BE U.S. DIS- ate, but every Member of this body they have not increased it, the unem- TRICT JUDGE FOR THE MIDDLE DISTRICT OF FLORIDA, VICE JOHN H. MOORE II, RETIRED. ought to know what the significance ployment has gone up. MARGARET M. MORROW, OF CALIFORNIA, TO BE U.S. and the difference is about in the appli- So I will welcome the opportunity to DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- cation of cloture during this period of FORNIA, VICE RICHARD A. GADBOIS, JR., RETIRED. debate the issue of whether the min- FOREIGN SERVICE time—to close out debate, to deny the imum wage adds to inflation, whether opportunity for Members to be able to THE FOLLOWING-NAMED CAREER MEMBERS OF THE it adds to unemployment, about what SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF express the interests of people they the economic impact is going to be. We COMMERCE FOR PROMOTION IN THE SENIOR FOREIGN represent. It is unbecoming for this in- SERVICE TO THE CLASS INDICATED: have ample examples of that from his- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE stitution to be put in that position be- OF THE UNITED STATES OF AMERICA, CLASS OF MIN- tory. We have at other times reviewed cause this is the institution which has ISTER-COUNSELOR: that for the benefit of the Senate, and TERENCE FLANNERY, OF VIRGINIA debated the great issues as well as less LARON L. JENSEN, OF VIRGINIA important issues over the period of the we will welcome the chance to either do that again or not do it. THE FOLLOWING-NAMED CAREER MEMBERS OF THE history of this Nation. Denying that FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR opportunity for debate does not serve We continue to deny an increase in FOREIGN SERVICE, AS INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE this institution or its tradition well. the minimum wage to hard-working OF THE UNITED STATES OF AMERICA, CLASS OF COUN- To the contrary. Americans, most of whom are women. SELOR: DOLORES F. HARROD, OF NEW HAMPSHIRE I wish to make just a final observa- A good percentage of those women JAMES L. JOY, OF FLORIDA tion, Mr. President. I ask unanimous have small children. This is a women’s DAVID K. KATZ, OF CALIFORNIA consent to be able to proceed for 3 or 4 GEORGE W. KNOWLES, OF FLORIDA issue. It is a families’ issue. It is a chil- KAY R. KUHLMAN, OF FLORIDA more minutes. dren’s issue. It is an issue for justice. It JOHN L. PRIAMOU, OF THE DISTRICT OF COLUMBIA The PRESIDING OFFICER. Without GEORGE F. RUFFNER, OF PENNSYLVANIA is an issue on decency. It is an issue on objection, it is so ordered. THE FOLLOWING-NAMED PERSONS OF THE AGENCIES Mr. KENNEDY. In every case where fairness. The American people under- INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- stand that. FICERS OF THE CLASSES STATED, AND ALSO FOR THE cloture was filed on an amendable vehi- OTHER APPOINTMENTS INDICATED HEREWITH: FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF cle during the 103d Congress and Re- So perhaps as we come to the conclu- CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN publicans sought to offer amendments, sion of this week of Senate debate and THE DIPLOMATIC SERVICE OF THE UNITED STATES OF amendments sponsored by or cospon- discussion, those families are going to AMERICA: AGENCY FOR INTERNATIONAL DEVELOPMENT sored by Republicans were voted on be- wonder why the Senate did not address fore the cloture vote. Do we hear that? JUSTIN EMMETT DOYLE, OF NEW YORK this issue again. It is more and more HECTOR NAVA, OF CALIFORNIA In every case where cloture was filed difficult for this Senator to explain to DEPARTMENT OF COMMERCE on an amendable vehicle during the families that are trying to provide for CRAIG B. ALLEN, OF WISCONSIN 103d Congress and Republicans sought themselves and their families why Re- ROBERT M. MURPHY, OF WASHINGTON to offer amendments, amendments publican leaders refuse to give working DEPARTMENT OF STATE sponsored by or cosponsored by Repub- families a livable wage that we have DAVID M. BUSS, OF TEXAS licans were voted on before the cloture been prepared to do at other times in PATRICIA M. HASLACH, OF OREGON vote. Not today in terms of where we our history with Republicans and FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF are on proposals of Democrats and on CLASS THREE, CONSULAR OFFICERS AND SECRETARIES Democrats alike. The last time we in- IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF proposals that are cosponsored by Re- AMERICA: creased it, we had a Democratic con- publicans, because the minimum wage AGENCY FOR INTERNATIONAL DEVELOPMENT trolled Congress and a Republican increase is cosponsored by a Repub- President. Now we have a Republican DAVID JOHN CLARK, OF TEXAS lican. In no case was the amendment AMY RENNEISEN FAWCETT, OF TENNESSEE Congress and a Democratic President, JAMES B. GAUGHRAN, OF VIRGINIA tree completely filled to prevent Re- MICHAEL J. GREENE, OF WASHINGTON publicans from offering amendments but the Republican leadership in the PHILIP D. HORSCHLER, OF CALIFORNIA House of Representatives and the Sen- VIRGINIA HOWELL POOLE, OF VIRGINIA after cloture was filed. In no case. In CLAUDE WILBUR MARK REECE, OF VIRGINIA no case. I have heard that claim to be ate of the United States has refused to CAROLINE TRUESDELL, OF NEW YORK do it. RUTH F. WOODCOCK, OF FLORIDA the case by the Republican majority ALBERT OBIRI YEBOAH, OF VIRGINIA leader and again repeated this after- In a final point, I will say it is going DEPARTMENT OF AGRICULTURE noon. But the facts do not support that to get done. It is going to get done, and SHARON A. BYLENGA, OF FLORIDA statement. those families ought to understand DEPARTMENT OF COMMERCE Cloture was most frequently filed to that it will get done. It will get done, ANN M. BACHER, OF FLORIDA close off debate in situations where I believe, sooner than later. We will NANCY K. CHARLES-PARKER, OF VIRGINIA amendments were not in order—con- continue to offer this amendment on DAVID K. SCHNEIDER, OF VIRGINIA ference reports, nominations, motions DALE N. TASHARSKI, OF TENNESSEE the legislation, and if the Senator from FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF to proceed to bills. The only bill on Mississippi or the Senator from Kan- CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN which cloture was filed during the 103d THE DIPLOMATIC SERVICE OF THE UNITED STATES OF sas, the majority leader, want to go to AMERICA: Congress and no Republican amend- this arcane procedure of denying any DEPARTMENT OF COMMERCE ments were offered was S. 414, the debate or discussion on either the min- LINDA F. ARCHER, OF CALIFORNIA Brady bill. In that bill, cloture was imum wage or any amendments there- FRANK G. CARRICO, JR., OF TEXAS filed on the Mitchell-Dole substitute JAMES M. FLUKER, OF NEW YORK amendment. There were no votes on to, they are going to have a very long ROSEMARY D. GALLANT, OF VIRGINIA spring and a very long summer, but we KENNETH H. KEEFE, OF FLORIDA Republican amendments because a JAMES M. MC CARTHY, OF MARYLAND unanimous-consent agreement was are going to prevail on this issue. DEPARTMENT OF STATE reached dictating which amendments I yield the floor. MICHAEL JONATHAN ADLER, OF MARYLAND

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 9, 1996 CONGRESSIONAL RECORD — SENATE S4955

STEFANIE AMADEO, OF NEW JERSEY ANDREA ROBIN STARKS, OF MARYLAND TENANTS IN THE U.S. MARINE CORPS, PURSUANT TO MARY RUTH AVERY, OF FLORIDA REVALEE STEVENS, OF THE DISTRICT OF COLUMBIA TITLE 10, UNITED STATES CODE, SECTION 531: DANIEL KARL BALZER, OF OHIO LOUIS V. SURGENT, JR., OF MARYLAND NAVAL ACADEMY GRADUATES DOUGLAS COVELL BAYLEY, OF WISCONSIN DWAYNE LEO THERRIAULT, OF VIRGINIA MARK D. BYSFIELD, OF MISSOURI MICHAEL S. TULLEY, OF CALIFORNIA To be second lieutenants PAUL M. CANTRELL, OF CALIFORNIA BURCE G. VALENTINE, JR., OF VIRGINIA ROBIN LISA DUNNIGAN, OF CALIFORNIA RANDALL R. VIDEGAR, OF VIRGINIA CRAIG R. ABELE, 000–00–0000 MONICA ELIZABETH EPPINGER, OF ARIZONA ANTHONY DAVID WATT, OF WYOMING CHRISTOPHER G. ABRAHAM, 000–00–0000 JILL MARIE ESPOSITO, OF NEW YORK ANN G. WEBSTER, OF VIRGINIA JOSEPH S. AGRES, 000–00–0000 NICHOLAS A. FERRO, OF VIRGINIA HELGA L. WEISTO, OF MARYLAND MARC D. AMOS, 000–00–0000 MICHAEL EDWARD GARROTE, OF PENNSYLVANIA DAVID S. WICK, OF DELAWARE MICHAEL C. ANDERSON, 000–00–0000 PAMELA L. GOMEZ, OF TEXAS ROBERT T. YURKO, OF MARYLAND ARTHUR R. ARAGON, 000–00–0000 BRIAN A. GOGGINS, OF THE DISTRICT OF COLUMBIA ENRIQUE A. AZENON, 000–00–0000 DEBORAH ZAMORA GROUT, OF NEW MEXICO IN THE ARMY ANTHONY BAGGS, 000–00–0000 HELEN HAMILTON HAHN, OF FLORIDA TONYA R. BARZ, 000–00–0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT RUTH MARY HALL, OF VIRGINIA STEVEN C. BERGER, 000–00–0000 SCOTT IAN HAMILTON, OF ILLINOIS TO THE GRADE OF GENERAL IN THE U.S. ARMY WHILE BRIAN D. BERNTH, 000–00–0000 RICHARD ALAN HINSON, OF FLORIDA ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- JOHN F. BERRIGAN III, 000–00–0000 GERARD THOMAS HODEL, OF NEW YORK SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- AMY E. BERTAS, 000–00–0000 DIRK J. HOFSCHIRE, OF NEBRASKA TION 601(A): CHRISTOPHER L. BOPP, 000–00–0000 TODD MICHAEL HUIZINGA, OF MICHIGAN To be general PATRICK W. BOYD, 000–00–0000 DONALD EMIL JACOBSON, OF CALIFORNIA JURI P. BRANDT, 000–00–0000 CATHERINE ELIAS KAY, OF ILLINOIS LT. GEN. DAVID A. BRAMLETT, 000–00–0000, U.S. ARMY. CHRISTOPHER J. BRONZI, 000–00–0000 MICHAEL CHRISTOPHER KEAYS, OF CALIFORNIA THOMAS A. BUDREJKO, 000–00–0000 KRISTINA A. KVIEN, OF CALIFORNIA IN THE MARINE CORPS TYLER N. BUSH, 000–00–0000 WALTER J. BUTLER, JR., 000–00–0000 CHRISTOPHER JOHN LAMORA, OF RHODE ISLAND THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JEANNE M. MALONEY, OF TENNESSEE CHARLES M. BYRNE, 000–00–0000 TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. JEFFREY D. CABANA, 000–00–0000 COLETTE A. MARCELLIN, OF TEXAS MARINE CORPS WHILE ASSIGNED TO A POSITION OF IM- MICHAEL JOHN MATES, OF WASHINGTON LONNIE M. CAMACHO II, 000–00–0000 PORTANCE AND RESPONSIBILITY UNDER SECTION 601, LOUIS A. CAMARDO II,, 000–00–0000 ANN BARROWS MCCONNELL, OF CALIFORNIA TITLE 10, UNITED STATES CODE: JENNIFER ALLYN MCINTYRE, OF MARYLAND JENNIFER M. CAMPION, 000–00–0000 KELLIE A. MEIMAN, OF GEORGIA To be lieutenant general ISMAEL CARDENAS JR., 000–00–0000 ELIZABETH INGA MILLARD, OF VIRGINIA DARREN S. CATALLO, 000–00–0000 DOUGLAS ALAN MORRIS, OF NEBRASKA MAJ. GEN. JEFFREY W. OSTER, 000–00–0000. ALICIA A. CHIARAMONTE, 000–00–0000 BRENDAN P. COLLINS, 000–00–0000 W. PATRICK MURPHY, OF NEW HAMPSHIRE IN THE NAVY COURTNEY R. NEMROFF, OF PENNSYLVANIA DAWN N. CORCORAN, 000–00–0000 MATTHEW A. PALMER, OF MASSACHUSETTS THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN JOHN D. CORDONE, 000–00–0000 SOOKY WYNNE PARK, OF MARYLAND THE NAVAL RESERVE OF THE UNITED STATES TO THE JOHN M. COSTELLO, 000–00–0000 RICHARD CARLTON PASCHALL III, OF NORTH CAROLINA GRADE INDICATED UNDER TITLE 10, UNITED STATES JOSHUA D. CRIBBS, 000–00–0000 SARAH S. PENHUNE, OF MASSACHUSETTS CODE, SECTION 5912: LUCAS E. DABNEY, 000–00–0000 MARK STEPHEN PROKOP, OF CONNECTICUT REBECCA C. DENGLER, 000–00–0000 CHARLES RANDOLPH IV, OF CONNECTICUT DENTAL CORPS PATRICIA L. DESPAIN, 000–00–0000 THOMAS METZGER RAMSEY, OF NEW YORK To be rear admiral (lower half) PAUL E. DEVEAUX, 000–00–0000 HOWARD VERNE REED, OF NEW YORK ERWIN F. DICK, III, 000–00–0000 WALTER SCOTT REID III, OF VIRGINIA CAPT. VERNON PAUL HARRISON, 000–00–0000, U.S. NAVAL JEFFREY S. DIMMIG, 000–00–0000 SONJA KAY RIX, OF NEW YORK RESERVE. JOHN A. DIUMENTI, 000–00–0000 WILLIAM VERNON ROEBUCK, JR., OF NORTH CAROLINA WILLIAM P. CONNELLY, III, 000–00–0000 JUDGE ADVOCATE GENERAL S CORPS AVA L. ROGERS, OF LOUISIANA ’ SEAN P. DONOVAN, 000–00–0000 MARILYNN WILLIAMS ROWDYBUSH, OF OHIO To be rear admiral (lower half) CINDY R. DUGGAN, 000–00–0000 PAUL M. SIMON, OF FLORIDA DANIEL W. DUKES, 000–00–0000 SHERRY LYNN STEELEY, OF PENNSYLVANIA CAPT. CLIFFORD JOSEPH STUREK, 000–00–0000, U.S. NAVAL MIGUEL F. EATON, 000–00–0000 GREGORY WILLIAM SULLIVAN, OF FLORIDA RESERVE. CHRISTOPHER V. EICHINGER, 000–00–0000 CRAIG G. ERLANGER, 000–00–0000 JOSEPH F. TILGHMAN, OF CONNECTICUT SUPPLY CORPS DONNA VISOCAN VANDENBROUCKE, OF VIRGINIA JENNIFER A. FARKASFALVY, 000–00–0000 STEVEN CRAIG WALKER, OF HAWAII To be rear admiral (lower half) TED L. FARRELL, 000–00–0000 DEIRDRE M. WARNER, OF PENNSYLVANIA ALYCE FERNEBOK, 000–00–0000 ROBERT FORREST WINCHESTER, OF CALIFORNIA CAPT. STEVEN ROBERT MORGAN, 000–00–0000, U.S. NAVAL TODD P. FERRIS, 000–00–0000 JAMES A. WOLFE II, OF CALIFORNIA RESERVE. GERALD J. FINNEGAN, JR., 000–00–0000 MARTIN J. FISHER, 000–00–0000 THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CIVIL ENGINEER CORPS LEO J. FITZHARRIS, IV, 000–00–0000 SERVICE OF THE DEPARTMENTS OF COMMERCE AND To be read admiral (lower half) EDWARD W. FLOYD, 000–00–0000 STATE TO BE CONSULAR OFFICERS AND/OR SECRE- CHRISTOPHER B. FLYNN, III, 000–00–0000 TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED CAPT. ROBERT CHARLES MARLAY, 000–00–0000, U.S. NAVAL GINA L. FOLTZ, 000–00–0000 STATES OF AMERICA, AS INDICATED: RESERVE. DARIN J. FOX, 000–00–0000 CONSULAR OFFICERS AND SECRETARIES IN THE DIP- EUGENE L. FUNDERBURK, 000–00–0000 LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN CHRISTOPHER E. GEORGI, 000–00–0000 REBECCA ARENDA, OF VIRGINIA THE LINE IN THE NAVY OF THE UNITED STATES TO THE MEGAN L. GERSTENFELD, 000–00–0000 KATHLEEN T. AUSTIN, OF THE DISTRICT OF COLUMBIA GRADE INDICATED UNDER TITLE 10, UNITED STATES JAMES R. GLADDEN, III, 000–00–0000 FRANK JOSEPH BABETSKI, OF VIRGINIA CODE, SECTION 624: JENNIFER M. GODDARD, 000–00–0000 BARTHOLOMEW LOUIS BARBESSI, OF NEW YORK UNRESTRICTED LINE OFFICER JOSHUA S. GORDON, 000–00–0000 ALLISON M. BECK, OF VIRGINIA BRIAN T. GRANA, 000–00–0000 JEMIE L. BERTOT, OF CONNECTICUT To be rear admiral (lower half) KENNETH J. GRANT, 000–00–0000 HARRY ARTHUR BLANCHETTE, OF FLORIDA CORNELIUS D. GRAY, 000–00–0000 LILLIAN A. BRAMAN, OF VIRGINIA CAPT. DANIEL R. BOWLER, 000–00–0000, U.S. NAVY. JAMES A. HANLEY, II, 000–00–0000 RON A. BRAVERMAN, OF NEW JERSEY CAPT. JOHN E. BOYINGTON, JR., 000–00–0000, U.S. NAVY. MARIUS L. HARRISON, 000–00–0000 MARY KATHLEEN BRYLA, OF THE DISTRICT OF COLUM- CAPT. JOHN T. BYRD, 000–00–0000, U.S. NAVY. BRIAN F. HAY, 000–00–0000 BIA CAPT. JOHN V. CHENEVEY, 000–00–0000, U.S. NAVY. STACEY J. HAYNES, 000–00–0000 GUILLERMO SANTIAGO CHRISTENSEN, OF VIRGINIA CAPT. RONALD L. CHRISTENSON, 000–00–0000, U.S. NAVY. ERIK B. HEISER, 000–00–0000 DAVID F. DAVISON, OF VIRGINIA CAPT. ALBERT T. CHURCH III, 000–00–0000, U.S. NAVY. NICK L. HERNANDEZ, 000–00–0000 PAUL J. DEFRANCESCO, JR., OF OHIO CAPT. JOHN P. DAVIS, 000–00–0000, U.S. NAVY. WILLIAM B. HUBER, 000–00–0000 CATHERINE I. EBERT-GRAY, OF COLORADO CAPT. THOMAS J. ELLIOTT, JR., 000–00–0000, U.S. NAVY. DOMINIC J. IACONO III, 000–00–0000 DAVID J. FINEMAN, OF VIRGINIA CAPT. JOHN B. FOLEY III, 000–00–0000, U.S. NAVY. JAIME A. IBARRA, 000–00–0000 CLARENCE FRANKLIN FOSTER, JR., OF VIRGINIA CAPT. KEVIN P. GREEN, 000–00–0000, U.S. NAVY. CHRISTOPHERSCOTT IEVA, 000–00–0000 DENNIS DAVID GRABULIS, OF VIRGINIA CAPT. ALFRED G. HARMS, JR., 000–00–0000, U.S. NAVY. JOHN B. JACKSON III, 000–00–0000 RICHARD JASON GRIMES, OF VIRGINIA CAPT. JOHN M. JOHNSON, 000–00–0000, U.S. NAVY. JACOB A. JENKINS, 000–00–0000 BRIAN GIBBS GUNDERSON, OF VIRGINIA CAPT. HERBERT C. KALER, 000–00–0000, U.S. NAVY. JOSEPH T. JOHNSON, 000–00–0000 KENT FRENDON HALLBERG, OF VIRGINIA CAPT. TIMOTHY J. KEATING, 000–00–0000, U.S. NAVY. ARTHUR F. KEAR III, 000–00–0000 JERRY HERSH, OF NEW YORK CAPT. GENE R. KENDALL, 000–00–0000. LORI A. KELLEY, 000–00–0000 SALLIE MARIE HICKS, OF VIRGINIA CAPT. TIMOTHY W. LAFLEUR, 000–00–0000. MARK D. KERBER, 000–00–0000 TYRENA L. HOLLEY, OF THE DISTRICT OF COLUMBIA CAPT. ARTHUR N. LANGSTON III, 000–00–0000. BRIAN T. KOCH, 000–00–0000 JON CLARKE HOOPER, OF VIRGINIA CAPT. JAMES W. METZGER, 000–00–0000. MATTHEW D. KRAUSE, 000–00–0000 HORACE P. JEN, OF VIRGINIA CAPT. DAVID P. POLATTY III, 000–00–0000. THOMAS E. LEAHY, 000–00–0000 JENNIFER J. JORDAN, OF VIRGINIA CAPT. RONALD A. ROUTE, 000–00–0000. JEFFREY D. LEWIS, 000–00–0000 SCOTT H. JUNG, OF MARYLAND CAPT. STEVEN G. SMITH, 000–00–0000. DANIEL A. LOVELACE, 000–00–0000 KURTIS MICHAEL KESSLER, OF VIRGINIA CAPT. THOMAS W. STEFFENS, 000–00–0000. CARL J. LUCAS, 000–00–0000 MARK A. LABRECQUE, OF VIRGINIA CAPT. RALPH E. SUGGS, 000–00–0000. CHARLES A. LUMPKIN, 000–00–0000 KRISTINE R. LANSING, OF VIRGINIA CAPT. PAUL F. SULLIVAN, 000–00–0000. GEORGE W. LUNDY III, 000–00–0000 MICHAEL W. LIIKALA, OF CALIFORNIA ENGINEERING DUTY OFFICER STEPHEN P. LYNCH, 000–00–0000 DOUGLAS M. LITTREL, OF VIRGINIA JARROD A. MARSH, 000–00–0000 FRANK J. MANGANIELLO, OF VIRGINIA To be rear admiral (lower half) PATRICK M. MCBRIDE, 000–00–0000 MARK J. MARTIN, OF VIRGINIA LAURA C. MCCLELLAND, 000–00–0000 KEVIN BRUCE MCKINNEY, OF VIRGINIA CAPT. ROLAND B. KNAPP, 000–00–0000, U.S. NAVY. MAUREEN R. MCFARLAND, 000–00–0000 MARION K. MCMAHEL, OF MARYLAND CAPT. KATHLEEN K. PAIGE, 000–00–0000, U.S. NAVY. ANDREW J. MCNULTY, 000–00–0000 TARA K. NATHAN, OF VIRGINIA SPECIAL DUTY OFFICER (INTELLIGENCE) JASON K. MEINERS, 000–00–0000 GERALDINE H. O’BRIEN, OF VIRGINIA ANNIKA MOMAN, 000–00–0000 HENRY OPPERMANN, OF MARYLAND To be rear admiral (lower half) STEPHEN J. MONSOUR, 000–00–0000 HOMER C. PICKENS III, OF VIRGINIA TOBY F. MOORE, 000–00–0000 PHYLLIS MARIE POWERS, OF TEXAS CAPT. PERRY M. RATLIFF, 000–00–0000, U.S. NAVY. DAVID A. MUELLER, 000–00–0000 CHRISTOPHER C. RAND, OF VIRGINIA SPECIAL DUTY OFFICER (FLEET SUPPORT) KEVIN M. MULLIGAN, 000–00–0000 HELEN PATRICIA REED-ROWE, OF MARYLAND KIRK B. NELSON, 000–00–0000 WILLIAM RODMAN REGAN, OF VIRGINIA To be rear admiral (lower half) JONATHAN R. OHMAN, 000–00–0000 CORNELIO RIVERA III, OF VIRGINIA OKWEDE M. OKE, 000–00–0000 FRED A. SCHELLENBERG, OF VIRGINIA CAPT. JACQUELINE O. ALLISON, 000–00–0000, U.S. NAVY. KEITH S. OKI, 000–00–0000 DAVID D. SCHILLING, OF MARYLAND IN THE MARINE CORPS JEREMY R. ORR, 000–00–0000 JAMES B. SIZEMORE, OF VIRGINIA STEPHEN S. PAINTER, 000–00–0000 MARY EMERSON SLIMP, OF VIRGINIA THE FOLLOWING-NAMED NAVAL ACADEMY GRAD- BENJAMIN J. PAPPAS, 000–00–0000 AMY KATHERINE STAMPS, OF VIRGINIA UATES TO BE APPOINTED PERMANENT SECOND LIEU- TEAGUE A. PASTEL, 000–00–0000

VerDate Aug 31 2005 06:04 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09MY6.REC S09MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4956 CONGRESSIONAL RECORD — SENATE May 9, 1996

LESLIE T. PAYTON, 000–00–0000 JASON P. GALETTI, 000–00–0000 WILLIAM SHERIDAN, 000–00–0000 ROBERT A. PEAL, 000–00–0000 KATIA M. GARCIA, 000–00–0000 MICHAEL J. SIMEK, 000–00–0000 DARRYL A. PIASECKI, 000–00–0000 ROBERT D. GARST, 000–00–0000 TIMOTHY M. SLINGER, 000–00–0000 BENJAMIN T. PIPES, 000–00–0000 MARK T. GELSTON, 000–00–0000 JOHN J. SWINCINSKI, 000–00–0000 ROBERT E. POWELL JR., 000–00–0000 WILLIAM J. GLAH, 000–00–0000 ERIC S. SYVERSON, 000–00–0000 MELISSA PRATT, 000–00–0000 MICHAEL H. GLASHEEN, 000–00–0000 JEFFREY N. TAKLE, 000–00–0000 AARON R. RAMERT, 000–00–0000 STEVEN A. GOMBAS, 000–00–0000 JAMES L. TIERNEY, 000–00–0000 JABARI J. RENEAU, 000–00–0000 LUIS M. GOMEZ, 000–00–0000 HEIDI H. TIMMERMAN, 000–00–0000 PATRICIA M. RESTREPO, 000–00–0000 SHANNON L. GORRELL, 000–00–0000 MATTHEW TOTILO, 000–00–0000 JAMES C. REYNOLDS, 000–00–0000 GIDEON I. GRAVATT, 000–00–0000 SCOTT T. TRENT, 000–00–0000 JOSHUA A. RIGGS, 000–00–0000 JONATHAN GRAY, 000–00–0000 ERIC TURNER, 000–00–0000 RANDALL C. RISHER, 000–00–0000 BRUCE V. GREENE, 000–00–0000 MATTHEW R. TYSON, 000–00–0000 AMY J. ROY, 000–00–0000 JENS W. GREGORY, 000–00–0000 CHRISTIAN VELASCO, 000–00–0000 JULIE A. GRITZ, 000–00–0000 CHRISTIAN S. RUWE, 000–00–0000 ALEXANDER S. WALKER, 000–00–0000 JULIAN D. GUDGER, 000–00–0000 DOUGLAS C. SANDERS, 000–00–0000 STEVEN O. WALLACE, 000–00–0000 ROBERT M. HANCOCK, 000–00–0000 DENNIS A. SANTARE, 000–00–0000 MICHAEL B. WARREN, 000–00–0000 BRIAN F. HARLEY, 000–00–0000 SERGIO R. SANTOS, 000–00–0000 RICHARD D. WATTS, 000–00–0000 JOHN E. SARNO, 000–00–0000 JILL A. HASTINGS, 000–00–0000 ROBERT P. HEFFNER, 000–00–0000 COLIN G. WHITE, 000–00–0000 GREGG E. SAXTON, 000–00–0000 MARTIN A. WILLIAMS, 000–00–0000 JASON L. SCHWARTZ, 000–00–0000 JARET L. HEIL, 000–00–0000 NATHAN C. HENDERSON, 000–00–0000 JASON K. WILLMAN, 000–00–0000 IAN D. SELBY, 000–00–0000 JEFF W. WITHEE, 000–00–0000 MICHAEL P. SHAND, 000–00–0000 ROBERT S. HEPLER, 000–00–0000 SEAN P. HOEWING, 000–00–0000 ALBERT K. YARBROUGH, 000–00–0000 PATRICK N. SHEARON, 000–00–0000 MATHEW D. ZEMAN, 000–00–0000 ANDREW J. SHINSKIE, 000–00–0000 ROBERT HOFFLER, 000–00–0000 ERIC K. HOLLINSHEA, 000–00–0000 WILLIAM T. SIMMONS III, 000–00–0000 THE FOLLOWING-NAMED MARINE CORPS ENLISTED ROBERT W. HOWARD, 000–00–0000 DANIEL B. SMITH, 000–00–0000 COMMISSIONING EDUCATION PROGRAM GRADUATES FOR RYAN M. HOYLE, 000–00–0000 SCOTT W. SMITH, 000–00–0000 PERMANENT APPOINTMENT TO THE GRADE OF SECOND ROBERT A. HUBBARD, 000–00–0000 JOSEPH A. SPEED, 000–00–0000 LIEUTENANT IN THE U.S. MARINE CORPS, PURSUANT TO BENJAMIN K. HUTCHINS, 000–00–0000 JAMES T. STEIDLE, 000–00–0000 DANIEL M. HUVANE, 000–00–0000 TITLE 10, UNITED STATES CODE, SECTION 531: SHAUN J. STEPHENSON, 000–00–0000 CHRISTOPHER JANCOSKO, 000–00–0000 MICHAEL C. STEVENS, 000–00–0000 STEWART JOHNSTON, 000–00–0000 MARINE CORPS MARK A. STIFFLER, 000–00–0000 TRACEY L. JONES, 000–00–0000 GRAYSON T. STORY, 000–00–0000 RUSSELL W. JONES, 000–00–0000 To be second lieutenant ANDREW J. THOMPSON, 000–00–0000 DANIEL B. KALSON, 000–00–0000 IAN F. THOMPSON, 000–00–0000 KEVIN D. KELLEY, 000–00–0000 WENCESLA AVALOS, 000–00–0000 JEREMY S. THOMPSON, 000–00–0000 DANIEL D. KNIGHT, 000–00–0000 GILBERT A. BARRETT, 000–00–0000 ARCHIE L. TINJUM, JR., 000–00–0000 RYAN M. KRUPA, 000–00–0000 TOBIN J. BREVITZ, 000–00–0000 JESUS TORRES, JR., 000–00–0000 BRYAN C. KUS, 000–00–0000 E.W. BRINKERHOFF, 000–00–0000 ANDREW J. TROUT, 000–00–0000 JUSTIN Y. KWONG, 000–00–0000 JAMES E. BUCK, 000–00–0000 JAMES RORY J. TUCKER, 000–00–0000 CHRISTOPHER LAVELLE, 000–00–0000 GAYTHA M. BUTTERS, 000–00–0000 GLENN H. VANAIRSDALE, 000–00–0000 ANDREW J. LAVOY, 000–00–0000 COREY M. COLLIER, 000–00–0000 KENNIE VELEZ, 000–00–0000 RAYMOND LAWLER, 000–00–0000 GERALD C. COLLINS, 000–00–0000 RANDAL M. WALSH, 000–00–0000 JOHN G. LEHANE, 000–00–0000 WALTER M. CURRIER, 000–00–0000 BRITT A. WATSON, 000–00–0000 JONATHAN LEUSCHEL, 000–00–0000 DONALD DALE, 000–00–0000 RICHARD N. WEEKS, 000–00–0000 EDWARD A. LEVANDOWS, 000–00–0000 BRIAN J. DOW, 000–00–0000 PAUL J. WEIDE, 000–00–0000 GREGORY W. LEWIS, 000–00–0000 MICHAEL D. DUNBAR, 000–00–0000 LAWRENCE A. WHITE, JR., 000–00–0000 LEONARD K. LEWIS, 000–00–0000 HELON K. DUNLAP, 000–00–0000 IVAN C. WILLIAMS, 000–00–0000 MICHAEL J. LIVINGSTON, 000–00–0000 BRYAN R. FREEMAN, 000–00–0000 ZACHARY G. WILLIAMS, 000–00–0000 CHRISTOPHER B. LOGAN, 000–00–0000 LAWRENCE GAINES, 000–00–0000 JASON C. WINN, 000–00–0000 TIMOTHY M. LONG, 000–00–0000 TRENT A. GIBSON, 000–00–0000 THOMAS M. WOLTER, 000–00–0000 SKYLER D. MALLICOAT, 000–00–0000 BRIAN E. GITTENS, 000–00–0000 PAUL E. ZAMBELLI, 000–00–0000 CARL G. MANGONA, 000–00–0000 RICHARD R. GRIMM, 000–00–0000 IN THE MARINE CORPS LAURA J. MANKAMYE, 000–00–0000 KELLY J. GRISSOM, 000–00–0000 MICHAEL T. MARTIN, 000–00–0000 PATRICK HODGES, 000–00–0000 THE FOLLOWING-NAMED NAVAL RESERVE OFFICERS JOSHUA MASSEY, 000–00–0000 ALEXANDER R. HULT, 000–00–0000 TRAINING CORPS GRADUATES FOR PERMANENT AP- MICHAEL A. MAUGHAN, 000–00–0000 DAVID K. HUNT, 000–00–0000 POINTMENT TO THE GRADE OF SECOND LIEUTENANT IN MARK B. MC CLINCHIE, 000–00–0000 JOHN F. KESTERSON, 000–00–0000 THE U.S. MARINE CORPS, PURSUANT TO TITLE 10, UNITED ERIN E. MC COMB, 000–00–0000 JASON D. KINDRED, 000–00–0000 STATES CODE, SECTIONS 531 AND 2107: JULIE F. MC COY, 000–00–0000 TODD A. KISTLER, 000–00–0000 RYAN J. MC FADDEN, 000–00–0000 MARINE CORPS SCOTT H. LAROCCA, 000–00–0000 MICHAEL S. MC FADDEN, 000–00–0000 WILLIAM W. MA, 000–00–0000 To be second lieutenant MATTHEW MC INERNEY, 000–00–0000 JAMIE MACIAS, 000–00–0000 MYLES C. MC LAUGHLIN, 000–00–0000 JOHN W. MALONEY, 000–00–0000 CARLTON W. ADAMS, 000–00–0000 JOSHUA MC LEOD, 000–00–0000 TODD M. MANYX, 000–00–0000 JASON S. ALBELO, 000–00–0000 AMI L. MESSNER, 000–00–0000 MARK J. MARACLE, 000–00–0000 PATRICK E. ALLEN, 000–00–0000 BARRON E. MILLS, 000–00–0000 MATTHEW D. MC BROOM, 000–00–0000 GREGORY T. ALZNAUER, 000–00–0000 CRAIG S. MLEKO, 000–00–0000 GREGORY MC DOWELL, 000–00–0000 BRANDON M. AMES, 000–00–0000 CHRISTIAN M. MOBLEY, 000–00–0000 ERIC S. MONTALVO, 000–00–0000 RYAN L. ANDERSON, 000–00–0000 CHRISTOPHER J. MONDZELEWSKI, 000–00–0000 KEVIN L. MOODY, 000–00–0000 JUSTIN J. ANDERSON, 000–00–0000 MARK S. MOONEY, 000–00–0000 BRENDAN OCONNELL, 000–00–0000 MICHAEL J. ANDRETTA, 000–00–0000 JOE L. MOORE, 000–00–0000 LUIS ORTEGA, 000–00–0000 AUBREY J. ARNOCZY, 000–00–0000 JONATHAN C. MOREL, 000–00–0000 MARK H. PAYNE, 000–00–0000 JACK R. ARTMAN, 000–00–0000 ALISSA MORRIS, 000–00–0000 STEVEN D. PUCKETT, 000–00–0000 PHILLIP N. ASH, 000–00–0000 CHARLES A. MORRISON, 000–00–0000 CHRISTOPER PURSCHKE, 000–00–0000 ROZANNE BANIKI, 000–00–0000 TREVOR MOS, 000–00–0000 EUGENE R. PURSEL, 000–00–0000 KAHLIEL R. BARLOWE, 000–00–0000 JOHN P. MUELLER, 000–00–0000 JEFFREY R. RAITHEL, 000–00–0000 CASEY M. BARNES, 000–00–0000 BRIAN M. MURPHY, 000–00–0000 DAVID L. REAS, 000–00–0000 KRISTIN A. BEARY, 000–00–0000 LISONIA MYERS, 000–00–0000 FELIXNAND RODRIGUEZ, 000–00–0000 NATALIE L. BEEDE, 000–00–0000 ADAM J. NARYKA, 000–00–0000 GARRETT L. BENSON, 000–00–0000 JOHN B. NAYLOR, 000–00–0000 MARCO A. RODRIQUEZ, 000–00–0000 JONATHAN L. BERRY, 000–00–0000 JOHN T. NGUYEN, 000–00–0000 DAVID T. ROMLEY, 000–00–0000 JAMES W. BISHOP, 000–00–0000 MARK F. NICHOLSON, 000–00–0000 LOUIE SAGISI, 000–00–0000 TODD M. BOYETT, 000–00–0000 THOMAS B. NOEL, 000–00–0000 JOHN T. SCHWENT, JR., 000–00–0000 JUDE BRICKER, 000–00–0000 ALEX M. OLAVERRI, 000–00–0000 TIMOTHY W. SCOTT, 000–00–0000 BENJAMIN BROWN, 000–00–0000 ADRIAN A. OTTERMAN, 000–00–0000 JAMES K. SELLERS, 000–00–0000 HUBERT K. BRUMBACK, 000–00–0000 ROSS A. PARRISH, 000–00–0000 THEODORE P. SUDMEYER, 000–00–0000 RUSSELL P. BUTTRAM, 000–00–0000 MILTON K. PARSONS, 000–00–0000 ALLEN D. THOMAS, 000–00–0000 RICHARD CAMPBELL, 000–00–0000 JASON D. PEJSA, 000–00–0000 SCOTT E. VASQUEZ, 000–00–0000 LEO J. CANNON, 000–00–0000 GABRIEL A. PEREZ, 000–00–0000 CHRISTIAN M. WARD, 000–00–0000 MICHAEL J. CARREIRO, 000–00–0000 JAMES F. PHELAN, 000–00–0000 MICHAEL B. WILLIAMS, 000–00–0000 JAMIE A. CARSON, 000–00–0000 FORD C. PHILLIPS, 000–00–0000 THE FOLLOWING-NAMED AIR FORCE ACADEMY GRAD- JAMES V. CARTWRIGH, 000–00–0000 JOSHUA PICKENS, 000–00–0000 UATES FOR PERMANENT APPOINTMENT TO THE GRADE ELIZABETH A. CATHCART, 000–00–0000 JOSEPH J. PORROVECCHIO, 000–00–0000 OF SECOND LIEUTENANT IN THE U.S. MARINE CORPS, JEAN-PAUL CHAINE, 000–00–0000 MICHAEL F. POWER, 000–00–0000 PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION CHARLTON C. CHAO, 000–00–0000 RAYMOND PRADO, 000–00–0000 541: TRACY L. CHAVANNE, 000–00–0000 RORY B. QUINN, 000–00–0000 BRYON C. CHERRY, 000–00–0000 CRAIG L. RAISANEN, 000–00–0000 MARINE CORPS JOHN L. CHERRY, 000–00–0000 DANNY G. RAYMOND, 000–00–0000 WILLIAM D. CHESAREK, 000–00–0000 PHILLIP A. REEVES, 000–00–0000 To be second lieutenant CHAD A. CHORZELEW, 000–00–0000 MARK R. REID, 000–00–0000 ADRIAN K. CLEYMANS, 000–00–0000 CHRISTIAN REITE, 000–00–0000 SANG K. HAHN, 000–00–0000 SCOTT J. COOK, 000–00–0000 CHRISTOPHER A. RICE, 000–00–0000 BRIAN J. HAMLET, 000–00–0000 BRADLEY A. CORNALI, 000–00–0000 JULIAN J. RIVERA, 000–00–0000 TIM Y. KAO, 000–00–0000 TRES M. DAGOSTINO, 000–00–0000 TIMOTHY C. RIZNER, 000–00–0000 FREDERICK L. LEWIS, JR., 000–00–0000 RACHEL L. DECKMAN, 000–00–0000 RAUL RIZZO, 000–00–0000 THE FOLLOWING-NAMED U.S. MILITARY ACADEMY STEVEN M. DEMATTEO, 000–00–0000 MICHAEL J. ROACH, 000–00–0000 GRADUATES FOR PERMANENT APPOINTMENT TO THE JAMES O. DEWEY, 000–00–0000 TESSA I. ROBERTS, 000–00–0000 GRADE OF SECOND LIEUTENANT IN THE U.S. MARINE BRIAN J. DOYLE, 000–00–0000 RICHARD ROSENSTEIN, 000–00–0000 CORPS, PURSUANT TO TITLE 10, U.S. CODE, SECTION 541 CHRISTOPHER DOYLE, 000–00–0000 CHARLES RUSSELL, JR., 000–00–0000 AND 5585: RYAN A. DWYER, 000–00–0000 DENNIS W. SAMPSON, 000–00–0000 PHILIP E. EILERTSON, 000–00–0000 MAURICE A. SANDERS, 000–00–0000 MARINE CORPS MARK ERAMO, 000–00–0000 JAMES P. SCHAFER, 000–00–0000 JAMES B. FAITH, 000–00–0000 DEAN D. SCHULZ, 000–00–0000 To be second lieutenant JAMEY M. FEDERICO, 000–00–0000 SUSAN M. SCORZA, 000–00–0000 JAMES S. VINALL, 000–00–0000 KONRAD K. FELLMAN, 000–00–0000 DANIEL B. SHEEHAN III, 000–00–0000 GEOFFREY J. MC KEEL, 000–00–0000 GREGORY FIELD, 000–00–0000 RYAN P. SHEEHY, 000–00–0000 DONALD C. PROGRAIS, 000–00–0000

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