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, FRIDAY, SEPTEMBER 27, 1996 No. 136 Senate

The Senate met at 9:30 a.m., and was for Your grace to overcome the grim- ple of important bills—the pipeline called to order by the President pro ness that sometimes pervades our safety bill and the NIH reauthoriza- tempore [Mr. THURMOND]. countenance. Instead, may our coun- tion. It looks as if we are going to have tenance reflect Your joy. May Your some other conference reports avail- PRAYER peace flow into us calming our agitated able today. I also wish to thank the The Chaplain, Dr. Lloyd John spirits, conditioning our dispositions, Senator from New Hampshire for his Ogilvie, offered the following prayer: and controlling all we say and do. Help efforts on the bill that we did have a The Lord bless you and keep you; the us to say to one another, ‘‘Have a vote on yesterday. Lord make his face to shine upon you, blessed day,’’ and expect nothing less and be gracious to you; the Lord lift up This morning there will be a period for ourselves. Through our Lord and of morning business until the hour of His countenance upon you, and give Savior. Amen. you peace. 12 noon. I believe Senator MCCAIN and Father, we begin this day by claim- f others have time reserved. Following morning business today, the Senate ing this magnificent fivefold assurance. RECOGNITION OF THE MAJORITY will be asked to turn to the consider- We ask You to make this a blessed day LEADER filled with the assurance of Your bless- ation of any of the following items: the ing. May we live today with the Godly The PRESIDENT pro tempore. The Presidio-parks bill conference report, esteem of knowing You have chosen us able majority leader, Senator LOTT of FAA conference report, the Coast and called us to receive Your love and Mississippi, is recognized. Guard conference report, and possibly serve You. Keep us safe from danger Mr. LOTT. Good morning, Mr. Presi- begin consideration of the omnibus ap- and the forces of evil. Give us the hel- dent. propriations bill making continuing met of salvation to protect our think- f appropriations for fiscal year 1977. ing brains from any intrusion of temp- Rollcall votes are possible during to- tation to pride, resistance to Your SCHEDULE day’s session, and depending on the guidance, or negative attitudes. Smile Mr. LOTT. Mr. President, I wish to progress that is made on the omnibus on us as Your face, Your presence, lifts again thank all the Senators for their CR, there could even be votes tonight. us from fear or frustration. Thank You cooperation yesterday in moving a cou- We will begin meetings at 9:30 and get

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record at Reporters.'' Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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S11469 S11470 CONGRESSIONAL RECORD — SENATE September 27, 1996 reports of the negotiations that went the footsteps of Senator Richard Rus- back to the Founding Fathers and even on into the wee hours this morning. sell. These were certainly two great to ancient Rome—as he reminded us in Also, we will get a report on how nego- Georgians who set an example of public his extraordinary series of speeches on tiations are going on the illegal immi- service that I have sought to emulate. the Senate of the Roman Republic in gration bill. I was honored to have served with 1993. I have heard Senator BYRD recall Last night, we did file a cloture mo- many Senators I have learned from, in- the words of Majorianus, a Roman Sen- tion with regard to the illegal immi- cluding Senator John Stennis and Sen- ator, who said that when he was gration conference report with a roll- ator Scoop Jackson, two legendary crowned emperor in 457 A.D. that he call vote on invoking cloture occurring Senators who served in the Richard still gloried in the name of Senator. on Monday, September 30, at a time to Russell tradition. ‘‘That,’’ Senator BYRD is fond of say- be determined by the two leaders. We I have also learned very much from a ing, ‘‘is my bottom line.’’ assume that would be mid-afternoon, unique Senator, the Senator from West Like the authors of our Constitution, perhaps around 2 o’clock on Monday. Virginia by the name of ROBERT BYRD. Senator BYRD views the legislative So Senators need to be aware that it Before I leave the Senate which I love, branch as closest to the people and the will occur before 5 o’clock in all likeli- I want to take a few moments to thank primary safeguard of their rights and hood, and they would need to be here my colleague and my good friend, Sen- liberties. In his speeches on the history for a vote earlier than that during the ator ROBERT BYRD, for the encourage- of the U.S. Senate, Senator BYRD day. ment and assistance he has given me points out that the Senate is unique The reason for that, obviously, is it during my entire career here in the not only because its rules allow unlim- is the end of the fiscal year, and we Senate and for the example he has set ited debate, and that, of course, at- will have other business we will be hav- for all of us who served here and who tracts a lot of attention from time to ing to work on. If we get an agreement have observed his leadership and his time. Unlike some legislative bodies in worked out, of course, then the chance personality. the world, the Senate can originate is that the illegal immigration bill It has been said that great men are legislation. In addition, Senator BYRD would be put into the CR, and it would like eagles. They do not flock together. reminds us: not be necessary to have a cloture vote You find them one at a time, soaring The Senate not only has the power to leg- or further debate on the bill at that alone, using their skill and their islate. It also has the power to investigate, time. We will keep all Senators advised strengths to reach new heights and to to approve the ratification of treaties, to over the next couple hours what is hap- seek new horizons. Such a man and confirm nominations, and to try impeached pening with the negotiations, and, of such an eagle is ROBERT BYRD. persons. Thus, it has judicial, legislative, ex- course, we do hope to get up some of Twenty-four years after I first came ecutive and investigative powers. This com- bination of powers makes the Senate unique. these conference reports today. to the Senate, Senator BYRD continues I yield the floor, Mr. President. to be a role model for me. His tremen- Senator BYRD’s knowledge of the f dous understanding and deep reverence rules and procedures of the Senate has for the role of the Senate in our democ- become legendary. Senator BYRD re- MORNING BUSINESS racy; his total commitment to serving called that in 1967, when he was elected The PRESIDING OFFICER (Mr. the people of his beloved State of West Secretary of the Senate Democratic SMITH). Under the previous order, there Virginia and the people of this country; Conference, ‘‘I began to study the book will now be a period for the transaction his life-long commitment to learning; of precedents and the book of rules, of morning business not to extend be- his sense of honor and integrity; his and soon came to know something yond the hour of 12 noon, with Sen- commitment to high moral standards; about floor work. As a result, I became ators permitted to speak therein not to and his tremendous work ethic rep- proficient in the use of the rules.’’ Mr. exceed 5 minutes each. Specifically, resent the highest ideals of public serv- President, saying that ROBERT BYRD is the Senator from Arizona [Mr. ice. proficient in the use of the rules is like MCCAIN], has 20 minutes; the Senator ROLE OF THE SENATE saying Rembrandt knew something from Maine [Mr. COHEN], has 45 min- The ‘‘Almanac of American Politics’’ about painting. I suspect there have utes; the Senator from New York [Mr. has what I think is a very appropriate been few Members of the Senate in the D’AMATO], has 10 minutes; the Senator description of Senator BYRD. ‘‘Robert last 200 years who approached Senator from Georgia [Mr. NUNN], has 30 min- Byrd, senior senator from West Vir- BYRD’s knowledge of the rules and utes; the Senator from Delaware [Mr. ginia,’’ says the Almanac, ‘‘may come precedents of the Senate. BIDEN], has 20 minutes. closer to the kind of senator the As a result of his exhaustive study of Mr. THURMOND. Mr. President, I Founding Fathers had in mind than Senate procedure, Senator BYRD has suggest the absence of a quorum. any other.’’ Mr. President, the ideals of had a major impact in shaping the The PRESIDING OFFICER. The the Founding Fathers and the role they rules and precedents under which the clerk will call the roll. envisioned for the Senate have always Senate operates today. Some of these The assistant legislative clerk pro- shaped Senator BYRD’s performance of precedents bear his name. The Byrd ceeded to call the roll. his duties. rule has become a household term for Mr. NUNN. Mr. President, I ask ROBERT BYRD reveres the Senate of anyone who follows the progress of rec- unanimous consent that the order for the United States, not just because he onciliation bills in the Congress. That the quorum call be rescinded. serves in it, but because of his respect rule, of course, precludes consideration The PRESIDING OFFICER. Without for its role in the history of our Nation of provisions in reconciliation bills objection, it is so ordered. and the world. Over the years, Senator that are not related to the deficit re- The Senator from Georgia is recog- BYRD has devoted an enormous amount duction goals of the reconciliation nized for up to 30 minutes. of time and effort to the study of the process. f Senate’s role in our history and its du- In his farewell address earlier this ties under the Constitution. His four year, the majority leader, another re- SENATOR ROBERT C. BYRD volumes of speeches on the history of markable legislator, Senator Dole, paid Mr. NUNN. Mr. President, I suspect the Senate mark Senator BYRD as the an unusual tribute to Senator BYRD that all Senators, when we first come most knowledgeable person on the his- when he said, ‘‘I have learned from a to this great institution we call the tory of this body to ever serve in the lot of people in this room. I have even U.S. Senate, look around this Chamber Senate, and he is the leading expert on gone to Senator BYRD when I was the for role models and mentors to help us this subject in the country today. majority leader to ask his advice on become effective and productive Sen- By the power of his intellect and the how to defeat him on an issue. If you ators. I was privileged, after graduat- depth of his understanding of the Sen- know ROBERT BYRD as I do, he gave me ing law school at Emory University ate’s history and rules, Senator BYRD the answer.’’ That is high praise indeed 1962, to come to Washington and work is not just the Senate’s institutional from a man with Senator Dole’s great for Congressman Paul Vinson for near- memory. He is also the custodian of skills as a legislator in this body, who ly a year. I was privileged to follow in the Senate ideals and values that go was in the opposing party—actually September 27, 1996 CONGRESSIONAL RECORD — SENATE S11471 going to Senator BYRD and asking him, commitment to serving the people he tion attendant, a produce boy in a coal ‘‘What rule can I use to defeat you on represents in West Virginia. company store, a shipyard welder, and this motion?’’ That is about as high a Senator BYRD was first elected by his meat cutter, he learned about the lives compliment as an individual can be fellow citizens of West Virginia 50 and the hardships of ordinary people, paid in this body. years ago to represent them in the and he learned about the hopes and the In his devotion to the U.S. Senate, State legislature. He has retained that dreams of the citizens of West Virginia. Senator BYRD has always shown a per- trust and won every public office he ROBERT BYRD’s legislative priorities sonal concern for the people who serve has sought since then. Few people are have been shaped by the needs of his in this institution—not just Senators ever accorded the honor and respon- State—investment in highways and but all those who are part of the Sen- sibility of being elected to represent other infrastructure projects to stimu- ate family. Despite his responsibilities their fellow citizens—a very high com- late economic development badly need- in the Senate leadership or his duties pliment. ROBERT BYRD has sought that ed in West Virginia; adequate and af- as chairman or ranking Democratic honor and that responsibility 13 times fordable health care, particularly for member on the Appropriations Com- and 13 times he has succeeded, starting the coal miners of his State; and edu- mittee, he has never been too busy to with his election to the first of two cation to improve the lives of young ease the burdens, remember a birthday, terms in the West Virginia House, a people, not only in West Virginia but or share in the joys and sorrows of a term in the State Senate, three terms across the Nation. colleague or staff member with a note in the House of Representatives and Senator BYRD’s diligence and ap- proach to every challenge he under- or a bit of poetry. I have never forgot- seven terms in the U.S. Senate. ten a dinner given in my honor by my This makes 50 years—5 decades—of takes is summed up in the passage friends in Dublin, GA, in February 1975. public service to the people of West from Ecclesiastes he is fond of quoting: Senator BYRD came to Georgia for that Virginia by this remarkable man. Whatsoever thy hand findeth to do, do it with thy might. dinner. He gave a speech and brought Senator BYRD has served in the Sen- down the house when he played ‘‘Going ate longer than any of the 29 other Mr. President, everything ROBERT Up Cripple Creek’’ on his fiddle, all for United States Senators who had been BYRD does he does with all of his a junior member of his party who had elected from West Virginia. Next year, might. He brings an intensity to his only been in the Senate for 2 years. My he will become the fourth longest serv- work that few of us could match and friends from Georgia, needless to say, ing Senator in the history of our Na- none of us could sustain. Watching ROBERT BYRD serve as majority leader were very impressed. tion. He is also only the third Senator and as leader of the Appropriations Over the years I have received tre- to be elected to seven 6-year terms. Committee, it is clear to everyone that mendous support from Senator BYRD as Think of it, seven times he has been when the going gets tough, ROBERT a member and then chairman of the elected to 6-year terms, along with BYRD doubles his efforts and just works Armed Services Committee. Senator Senator Carl Hayden and another re- harder. BYRD has always been a strong sup- markable Senator, the President pro So, Mr. President, from humble be- porter of national defense and of our tempore, our colleague, Senator STROM ginnings, Senator BYRD has made him- men and women in uniform. I am proud THURMOND from South Carolina. This self into something truly extraordinary of the fact that the Armed Services week, Senator BYRD cast his 14,577th in the history of our Nation. He was Committee has passed a Defense au- rollcall vote—14,577 rollcall votes— not born with wealth or connections. thorization bill every year since I have more than any other Senator who has He certainly wasn’t born with any served in the Senate. During my chair- ever served in this body. power. He has made himself what he is manship, Senator BYRD’s leadership as In his seven elections to the U.S. today by working harder and studying majority leader and his parliamentary Senate, Senator BYRD has won with an harder than anyone else, and in doing skills were absolutely essential to com- average of 72 percent of the popular so, he has become a wonderful example pleting Senate action on this national vote—72 percent. Twice he has carried for the young people of this Nation of security legislation. every single county in his State, the what can be achieved through the old- I have also had the pleasure of par- only person in the history of West Vir- fashioned values of integrity, hard ticipating in delegations to foreign ginia to do so. work, faith and perseverance. countries headed by Senator BYRD. I For all the time he has spent in the LIFE-LONG COMMITMENT TO LEARNING remember two trips in particular. One Nation’s Capital, Mr. President, ROB- Mr. President, from the experience of was a trip to the People’s Republic of ERT BYRD has never forgotten where he his past, Senator BYRD has become a China early in my Senate career in came from or why the people of West strong proponent of investing in our fu- 1975, back when Chairman Mao and Virginia sent him here. His childhood ture, our people and our infrastructure Chou En-Lai, President Chou En-Lai during the Depression taught him in this country. Children are our most were still alive. We did not visit with about the plight of people who had a important resource, and he knows that them because they were very ill, but it hard time in life, including the people there is nothing more important to the was a crucial time, not only in Chinese who worked in the coal mines. His fa- future of our children than education. history but in United States-Chinese ther moved the family from town to But the Senator from West Virginia is relationship. The other was a trip to town looking for work, but despite living proof that education is not just the Soviet Union in 1985 to meet with these constant moves, ROBERT BYRD for young people preparing for a career. Soviet President Mikhail Gorbachev. graduated first in his high school. He He has given all of us an example that Senator BYRD led the bipartisan Senate married his high school sweetheart, education is a lifetime experience. ROB- delegation on both of these trips. He Erma James, after he graduated from ERT BYRD has never stopped learning. was a very effective spokesman for U.S. high school and found a job—ROBERT He has never stopped trying to improve interests, and he always managed to BYRD, the son of a coal miner, himself. He has never been satisfied leave our foreign hosts with an under- marrying a coal miner’s daughter. At a that he knows everything he needs to standing of the role of the Senate in time when America is suffering from know, and he never will be. That is the U.S. foreign policy. the breakdown of the family which nature of this remarkable man. Mr. President, from the day I came causes so many more of our other prob- Like the senior Senator from New to the U.S. Senate in 1973, whether the lems, the 59-year marriage of ROBERT York, Senator MOYNIHAN, the Senator issue was foreign policy, national secu- BYRD and Erma James Byrd and their from West Virginia is both a student rity policy or Senate floor procedure, dedication to their family should serve and a teacher who constantly absorbs Senator BYRD has been my teacher and as an example to each and every one of information, he soaks it in, and who my colleague; in many cases, my legis- us, not only in this body but in Amer- shares his knowledge and his wisdom lative partner. And, most of all, my ica. with his colleagues to the benefit of friend. Senator BYRD had to save for 12 years this entire institution and the Con- SERVING THE PEOPLE OF WEST VIRGINIA before he could afford to attend col- gress. Senator BYRD started his Senate Senator BYRD’s reverence for the lege, even part time, but he made great career as a student, absorbing the les- U.S. Senate is matched only by his use of his time. Working as a gas sta- sons of history, its traditions and its S11472 CONGRESSIONAL RECORD — SENATE September 27, 1996 rules, from men like Richard Russell the deficit. I think it will be used by survived in unbroken continuity. We re- and John Stennis. Over the years, the the President for whatever power he ceived it from our fathers. Let us surely pass student ROBERT BYRD has become the would like to display on whatever his it on to our sons and daughters teacher ROBERT BYRD, but also remains priorities are at the moment, depend- Mr. President, it is my hope and the student ROBERT BYRD—a remark- ing on the President. prayer that our successors will study able combination. But when he speaks on issues like the the words, study the life and emulate He has devoted his time and energy line-item veto, ROBERT BYRD speaks the deeds of ROBERT BYRD, U.S. Sen- to formal education, earning a law de- with the knowledge born of long hours ator from West Virginia, as he has gree while serving as a Member of Con- of study of the development of con- studied the words and emulated the gress. Imagine that, all the duties of a stitutional Government and of sepa- deeds of our forefathers. If they do, the Congressman and also getting a law de- rated and shared powers in the history Senate of the United States will stand gree, the only time in history that any- of England and ancient Rome as well as as a beacon of liberty, and the lamp of one has both begun and completed law our own country. America’s freedom will shine for the school while serving in the Congress. Historian ROBERT BYRD knows how next 200 years. That will be the ulti- But just as important, the Senator long it took for the legislative branch mate tribute to the service in the U.S. from West Virginia also studies for his to attain the power of the purse. He Senate of a remarkable individual— own enjoyment because he loves to knows what it means to have the power ROBERT C. BYRD of West Virginia. I learn, he loves to study and he loves to of the purse. He knows what it means thank the Chair. go through self-improvement, and he for the President to have the power of Mr. FEINGOLD addressed the Chair. The PRESIDING OFFICER (Mr. does it every day. ROBERT BYRD’s devo- the purse, because that has been done tion to learning is reflected in his GREGG). THE SENATOR FROM WISCONSIN. more frequently in history than having Mr. FEINGOLD. Mr. President, let work. When Senator BYRD offers an the legislative body with that power. me first say it is an honor to simply amendment, manages a bill, or speaks He also is keenly aware of what it have heard the tribute by the Senator on an issue, he knows what he is talk- means to lose the power of the purse. from Georgia directed at the Senator ing about, and all of us recognize that ROBERT BYRD understands and ar- from West Virginia. It is an honor to on both sides of the aisle. ticulates better than any Member of simply serve with these two men. I was As chairman of the Appropriations this body the crucial role that an inde- delighted to hear the tribute. I thank Committee, Senator BYRD’s advice and pendent legislature plays in a democ- the Senator. We will all miss him very, counsel led to the system of discre- racy. You do not have a democracy very much in this body. tionary spending caps we have been without a legislative branch. The Sen- f using for the last 6 years. These spend- ator from West Virginia knows that we ing caps and the reductions in Federal cannot have democracy without an TAX CUTS discretionary spending they have en- independent legislative branch. Mr. FEINGOLD. Mr. President, we forced have made the most significant Mr. President, I could speak about are nearing the end of the 104th Con- contribution to deficit reduction of any the leadership and virtues of ROBERT gress, a time when many will review policy we have adopted in the last dec- BYRD for a long time. But let me wrap the accomplishments and the failures ade. up my remarks by quoting the senior of the last 2 years. If we in the Congress took the same Senator from West Virginia in his his- Though the dramatic budget disputes kind of step on entitlement programs tory of the Senate, a magnificent quote have dominated much of the brief his- that we have done under Senator in my view, summing up his view, and tory of the 104th Congress, there have BYRD’s leadership on discretionary pro- I hope increasingly all of our views, of in fact been a number of bipartisan grams, the fiscal outlook for our coun- the role of this great body. successes that have not been as pub- try and the future of our children and After two hundred years, [the Senate] is licly noted. These bipartisan efforts grandchildren would dramatically im- still the anchor of the Republic, the morning have included congressional compli- prove. and evening star in the American constitu- ance, unfunded mandates legislation, Too often today, when important tional constellation. It has had its giants lobby and gift reform, modest, but matters are being considered, the and its little men, its Websters and its Bil- helpful, health insurance reform, and bos, its Calhouns and its McCarthys. It has media and some politicians look to the promising beginnings of campaign opinion polls first for guidance. The been the stage of high drama, of comedy and of tragedy, and its players have been the finance reform. Senator from West Virginia is not one great and the near-great, those who think But, Mr. President, perhaps the big- of those individuals. The Senator from they are great, and those who will never be gest achievement of this Congress has West Virginia is much more likely to great. It has weathered the storms of adver- been something that was not done. follow the advice of Winston Churchill sity, withstood the barbs of cynics and the This Congress did not enact any of the who said: ‘‘Study history, study his- attacks of critics, and provided stability and massive, fiscally irresponsible tax-cut tory. In history lies all the secrets of strength to the nation during periods of civil proposals that Members of both parties statecraft.’’ strife and uncertainty, panics and depres- sions. In war and peace, it has been the sure have proposed. Mr. President, Senator BYRD’s refuge and protector of the rights of the Mr. President, a recent headline in knowledge of history and the relevance states and of a political minority. And, the Washington Post read, ‘‘Dole’s Tax of history to the issues we face today— today, the Senate still stands—the great Cut Centerpiece Has Yet To Strike a it is not just knowledge of history, it is forum of constitutional American liberty! Chord With Voters.’’ It is a telling the parallel between what we should Mr. President, the U.S. Senate still story about the inability of the Dole learn from history and the kind of stands as a great forum of constitu- campaign to gain significant political challenges we face today—and his deep tional liberty, in large part because of benefit from his proposal to cut taxes appreciation of the connection all Sen- the vision of our Founding Fathers and by nearly half a trillion dollars. ators should feel to those who have the genius and durability of our con- To a certain extent, I think the same gone before us are the hallmarks of his stitutional system of Government. The kind of story could be written, in fair- service and, indeed, I think the unique men and women who serve in the Sen- ness, about President Clinton’s tax-cut contribution he has made to this insti- ate have a solemn obligation to under- proposals. The bulk of the success that tution. stand this history and to protect the the President has enjoyed—I believe When Senator BYRD speaks on issues combination of powers that make the will continue to enjoy—clearly comes like the line-item veto, for instance— Senate unique under the Constitution. not from his tax-cut plans, but from and I agree with him that in the future Senator BYRD further reminds us of his handling of the economy and his the Senate will regret turning over this this solemn obligation in his addresses record on deficit reduction. power to the executive branch. It has on the history of Roman constitu- So, Mr. President, I think neither been done. We will see how it works, tionalism when he said: candidate has benefited in any signifi- but I am one of those in the ROBERT For over two hundred years, from the be- cant way from proposing tax cuts. The BYRD school on the line-item veto. I do ginning of the republic to this very hour, reason is straightforward. Voters un- not think it will be used to bring down [the American constitutional system] has derstand we simply cannot afford to September 27, 1996 CONGRESSIONAL RECORD — SENATE S11473 cut taxes if we are to balance the Fed- He added: fiscally irresponsible tax cut in the eral budget within the next 6 years. I don’t believe anybody can do that * * * I 104th Congress. Mr. President, do Americans want have respect for Bob Dole, but this seems ri- The PRESIDING OFFICER. The Sen- lower taxes? Of course they do. But diculous to me. ator from New York is recognized to given the choice between cutting taxes Mr. President, despite the lost oppor- speak for up to 10 minutes. and balancing the budget, the Amer- tunity to make even more progress to Mr. D’AMATO. Mr. President, I ican voter wants to balance the budget. reduce the deficit during the 104th Con- thank the Chair. Make no mistake, Mr. President, gress, the deficit-reduction package (The remarks of Mr. D’AMATO per- that is the choice we have before us. passed in 1993 continues to lower the taining to the introduction of S. 2136 We have to do one or the other. You annual budget deficits below where are located in today’s RECORD under cannot do both. Anyone who claims they otherwise would have been. ‘‘Statements on Introduced Bills and you can do both is either blowing As many have noted, in the last 4 Joint Resolutions.’’) smoke or simply does not understand years we have seen deficits come down f the huge problem we have in this coun- from nearly $300 billion to an esti- try with our deficit and the debt which COOPERATIVE RESEARCH EF- mated $117 billion. That progress, of FORTS BETWEEN THE NATIONAL underlies it. course, has come only with great dif- Mr. President, we saw how politically MARINE FISHERIES SERVICE ficulty. Finishing the job will be even unsustainable a budget package be- AND USDA’S EXPERIMENT STA- tougher, but it is something that abso- comes when it attempts to provide a TION AT MISSISSIPPI STATE lutely must be done. major tax cut while it also claims to be UNIVERSITY Mr. President, proposals to provide eliminating the deficit. The political large tax cuts jeopardize that effort by Mr. LOTT. Mr. President, I come to developments of this past year are tes- the floor today to report to Congress timony to this fact. pirating the savings generated by spending cuts away from deficit reduc- and the American people on a unique Indeed, any budget package that success story. A story about a public- eliminates the deficit will be difficult tion in order to fund tax cuts. private partnership. A story involving enough to sustain over the next few They also undercut deficit reduction a cooperative effort of two Federal years that it would take to fully imple- by providing an alluring alternative to agencies. A story requiring teamwork ment its provisions even without the the often painful and unpopular work between a State government and the added burden of funding a significant of balancing the budget. tax cut. It is much easier it is to talk of cut- Federal Government. A story about our The failure of the tax-cut plans of- ting taxes than it is to focus on where land grant university for Mississippi, fered by either party to gain political to cut spending. and catfish farmers in Mississippi’s momentum is, of course, not due to a The American people have not been Delta. lack of effort. Millions of dollars are swayed by the talk of cutting taxes by First, let me say, I am proud to re- being spent on carefully crafted tele- the Presidential candidates. port to my colleagues that the Mis- vision commercials advocating these In fact, if President Clinton wins, as sissippi Delta produces 80 percent of tax-cut proposals. These plans are not I hope and expect he will, it will in the farm-raised catfish enjoyed in new nor are the efforts to promote large part be because of his success in America. This farm-raised catfish in- them. reducing the deficit, not because of his dustry represents approximately 70 The President’s plan that we have tax cut proposals. percent of the commercial value of heard about recently is similar, in Mr. President, in 1994, the first time America’s entire aquaculture industry. many ways, to the one he proposed in many voters became aware of the Con- Clearly, farm-raised catfish is big busi- December of 1994. The Dole plan clearly tract With America, including its ness in America. And clearly, it is big has its roots in the massive tax cut crown jewel, was after the election. business for Mississippi. proposed as a part of the now famous But that fact was conveniently ig- But, it was not always successful. Contract With America. In fact, many nored when the new congressional lead- The catfish industry in Mississippi in this body will recall that the Speak- ership sought to advance their agenda. struggled for 25 years. There were er of the other body pronounced that The contract’s provisions were held many tales of financial woe. However, the tax-cut proposal, of all the propos- up as an electoral mandate, though I with hard work and the willingness to als in the Contract With America, was doubt 1 voter in 10 was in any way fa- accept large fiscal risk, Mississippians the ‘‘crown jewel’’ of the Contract With miliar with the real specifics of the developed aquaculture into a dynamic America, in his words. Contract With America. and viable economic enterprise. The Mr. President, the Speaker’s charac- There will be no comparable, after- pioneers in this industry spent a lot of terization was notable. Of all the provi- the-fact, document this year, Mr. their own money to build a giant infra- sions in that political document, it was President. structure which includes production, the tax cut that he, the leader of that The differences between the two can- processing, transportation, marketing, charge, gave the privileged position. didates are well known. distribution, and feed mill capacity. Yet, despite the considerable political And despite the efforts of some in We are talking about a $2 billion agri- inertia that is conferred by being sin- both parties, and the political and cultural investment. gled out as the crown jewel of the Con- media specialists in both campaigns, Mr. President, according to data pro- tract With America, the tax cut has the outcome of this election will rest vided to my office by the State of Mis- not been enacted. in large part on whether voters choose sissippi, the Mississippi catfish indus- Mr. President, does anyone doubt reducing the deficit or cutting taxes as try employs more than 25,000. And this that, if there had been strong broad- the higher economic priority of this industry sells approximately $0.5 bil- based support for that tax cut, it would Nation. lion each year of catfish at the pond have been enacted by now? Clearly it Mr. President, despite the loudly would have been. If the American peo- bank. trumpeted promises made at the begin- Throughout the growth of this new ple truly preferred tax cuts to deficit reduction, we would have seen an inevi- ning of this Congress, and despite the fledgling agricultural enterprise over table bipartisan rush to enact them. significant political pressure brought the past 25 years, the No. 1 priority for But that has not been the case. to bear by well-funded special inter- the catfish farmers has always been to In the Washington Post story on the ests, we have succeeded in avoiding sig- find new production techniques. If you failure of the Dole tax-cut plan to at- nificant damage to the deficit, and to build a pond and fill it with catfish, the tract voter support, a gentleman the goal of a balanced budget, that a question is not where the fish are. No— named Ralph Miller, of Greencastle, huge tax cut would have meant. the real question and challenge is how IN, a self-described independent, is If, in the 105th Congress, as I very to harvest the fish of a certain size. quoted as saying this: much hope, we are finally able to enact Similar to any other intensely man- When I hear all that talk about how a bipartisan budget plan that will bal- aged livestock operation, the farm- they’re going to cut taxes and balance the ance the Federal books, it will be in raised catfish industry experienced budget, it turns me against the both of them. large part because we did not enact a enormous production challenges such S11474 CONGRESSIONAL RECORD — SENATE September 27, 1996 as nutrition problems, disease, and har- The NMFS laboratory in Pascagoula forming more partnerships with indus- vesting technology. There were many committed itself because of its can do try. costly false starts in a search for solu- attitude. And clearly USDA and Mis- Mr. President, Stoneville should be tions. Success was a hit or miss event. sissippi State University were recep- the standard in the future, not the ex- Gradually, solutions to feeding and tive. NMFS brought a range of poten- ception. health problems have been developed. tial solutions to the harvesting tech- Again, I applaud the efforts of the Today, part of the catfish industry’s nology problems of the warmwater National Marine Fisheries Service and attention is focused on obtaining new aquaculture industry because they had I want to publicly thank them. They technology. This involves the National worked on this issue for years in the have significantly helped America’s Marine Fisheries Service. The goal is marine fishing industry. I want to sin- farm-raised catfish industry. I strongly to take advantage of existing tech- gle out two individuals. Specifically, encourage the continuation of the suc- nology. John Watson and Charles ‘‘Wendy’’ cessful relationship between Stoneville Now, to many Americans fish are Taylor of NMFS’s Pascagoula labora- and Pascagoula. fish. To some, fish are classified as ei- tory. These two directly assisted in the f ther fresh water or salt water. Here is development and retrofitting of har- THE ACADEMY OF TELEVISION where the Federal Government often vesting equipment. They had lots of ARTS AND SCIENCES draws a hard and fast bureaucratic ideas. They offered hands-on help. They line. The Federal Government has two produced rapid results. Mrs. FEINSTEIN. Mr. President, I different and distant agencies in two They showed those fresh water folks rise today to recognize the Academy of separate departments which deal with lots of new ideas and real solutions. Television Arts and Sciences as it cele- fish depending on the water they live Many of these ideas caused revolution- brates its 50th anniversary. in. ary improvements in the harvesting ef- The television industry reflects so This is OK if these agencies talk to ficiency and quality control for the much of what we are as Americans. each other and share their success sto- farm-raised catfish industry. Revolu- The Academy of Television Arts and ries—yes, fish stories. And not about tionary is not an overstatement. This Sciences—with its annual Emmy the one that got away. In Washington is not a fish story about the one that Award—recognizes the positive impact they call this dialog interagency co- got away. This is about the catfish that television makes on so much of our ev- ordination which is formalized with a got caught. The proof was tangible and eryday life. memorandum of agreement. Sadly, this quickly evident at the processing I’m an avid channel surfer at home, does not always occur. plants. John and Wendy made a dif- so I watch a fair amount of television. Today, I stand here to tell you about ference in Stoneville. I know how positive a messenger tele- one of those instances where the two The NMFS laboratory staff in vision can be—whether explaining the Federal agencies did indeed find each Pascagoula could have told the sci- spread of a deadly disease, bringing us other. They found each other without entists in Stoneville’s USDA Labora- up-to-the-minute reports of world prodding from outside sources—like tory that procedures and policies pro- events, or simply making us laugh dur- Congress. The story gets even better. hibit the marine fisheries’ experts of ing a half-hour situation comedy when When they found each other, there was Federal Government from sharing their our day has ended and we’re ready to a cooperative spirit to help America’s technology with a sister industry. But, take a break. catfish industry. Here, there is a suc- they did not. Instead, through the com- The people and programs honored cess story. bined efforts of these two diligent sci- with the Emmy Award are a permanent Mr. President, it is encouraging for entists and the cooperative spirit of part of our country’s history. me to report to my colleagues there personnel with USDA’s Stoneville Ex- Just listen to some of the who’s was a personal commitment, at the periment Station and Mississippi State who’s list of recipients of the acting staff level, to help Mississippi’s Delta University, steps were taken to dis- awards in the comedy field alone: Lu- catfish farmers. The National Marine cover potential solutions to the tech- cille Ball—four time recipient—Red Fisheries Service [NMFS], in nology problems which have plagued Skelton, Danny Thomas, Eve Arden, Pascagoula, which is part of the De- the farm-raised catfish industry. Jack Benny, Shirley Booth, Carol Bur- partment of Commerce took on the I must say this cooperative spirit ex- nett, Dick Van Dyke, Mary Tyler persistent fresh water pond harvesting tends all the way back to Washington. Moore, Julie Andrews, and today’s re- technology problems. They worked It is also exhibited by Rolland cent recipients Candace Bergen—five with Scientists at the Department of Schmitten, the Director for the Na- time recipient—Kelsey Grammer, and Agriculture [USDA] laboratory, at Mis- tional Marine Fisheries Service. There Helen Hunt. The programs honored— sissippi State University in Stoneville. is a leadership example which is re- ‘‘Dick Van Dyke’’, ‘‘The Odd Couple’’, Together they formed a joint effort to flected throughout the agency. ‘‘All in the Family’’, ‘‘Get Smart’’, apply existing marine fisheries’ tech- Mr. President, it is a pleasure to ‘‘Taxi’’, and ‘‘Barney Miller’’—show nology to catfish ponds. The estab- share with my colleagues this story of just why the programming of ‘‘Nick at lished saltwater fishing industry is ex- Federal interagency cooperation. It Nite’’ is so popular with people trying cellent at catching fish. The new fresh also illustrates that public-private to recapture the classic days of com- water community is good at growing partnership can be productive. I think edy. fish, however, they needed to learn how it is worth noting that this cooperative The drama programs honored over to be more effective at catching them. effort has reduced duplication of Fed- the years also give us a snapshot of NMFS stepped in to share new gear eral efforts. This makes fiscal sense, American life at the time the programs technology with the fresh water fish especially as we strive to make the aired: ‘‘Studio One’’, ‘‘Gunsmoke’’, community. This sharing of technology services of government more efficient. ‘‘The Fugitive’’, ‘‘Mission Impossible’’, kept the fresh water community from All of us should look for similar op- ‘‘Marcus Welby, M.D.’’, ‘‘Masterpiece reinventing the wheel. portunities within Federal agencies in Theatre’’, ‘‘The Waltons’’, and the The Government’s traditional busi- our own home States. I am sure there modern-day ‘‘Hill Street Blues’’ and ness as usual policy would have pre- are more Stoneville’s out there. I am ‘‘E.R.’’ Who can forget the Waltons’ vented the assistance and technology sure there are more ways that the Fed- powerful message of family persevering exchange. To provide this help across eral Government can deliver cost-effec- through the Depression or who can for- jurisdictional lines is a Federal no-no. tive solutions to the problems. I am get how ‘‘Hill Street Blues’’ showed us More importantly the policy would also sure there are more public-private the life of a police officer like we had have been prevented because it threat- partnerships that can make a dif- never seen it before. ens budget authority and funding is- ference. Let us use our oversight re- For all that is good, educational and sues. sponsibilities in the next Congress to powerful on television, I am pleased to But, despite these Washington obsta- reexamine Government priorities, poli- pay a small part in honoring the acad- cles assistance was offered and re- cies, and procedures for other inter- emy and the entire television industry ceived. A Mississippi success story. agency opportunities with an aim of for its work. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11475 As the Senior Senator for California, mittee, as an authorizing committee, this mill will close. So the Senator I also know how vital the entertain- has done its job. The Committee on from Alaska has taken his hit. I with- ment industry is to my home State, Natural Resources, chaired by Rep- drew that from the omnibus parks where more than 150,000 people are em- resentative YOUNG, has done its job. We package. Then we had the grazing ployed in more than 1,000 entertain- got our packages together. We had fur- issue. The administration objected to ment-related companies. ther communicated with the White the fee structure of grazing on public The academy, itself, was founded in House over a week ago, addressing spe- land—the traditional Western use of 1946 by Syd Cassyd, and elected a year cifically certain contentious sections public land. So we withdrew that. Then later Edgar Bergan as president. Under and asking for a disposition. we moved up to Minnesota and we had his direction, the academy first pro- There are, initially, four major items the Boundary Waters Area. This was a duced the Emmy Awards in 1948. The in dispute. One was the Utah wilder- question of whether you could use organization went national when it ness issue. The administration saw fit small motorized four-wheelers to haul merged with the New York Academy in to initiate the invocation of the Antiq- small boats, canoes, and so forth, over 1947 with Ed Sullivan as its first presi- uities Act to take care of the Utah wil- a trail between the lake system. It is dent. derness. In other words, it was a land all right for the young folks to get 10 The academy continued to expand grab; the administration simply took people out there and push it, but some adding new chapters throughout the 1.8 million acres and didn’t notify the of the older folks need some motorized Utah delegation—the Governor, the United States. assistance. They objected to that. So Members of the Senate or the House. It Today, with 9,000 members, the acad- we took that out. was really a land grab, with no public emy is the largest organization in the Mr. President, as justification for television industry. In addition to the process, which this administration highlights as part of their philosophy. that I ask unanimous consent that the Emmys for which it is best known, the letter from the OMB outlining the ob- academy also runs an intern program We had been debating Utah wilderness for an extensive period of time and jections be printed in the RECORD, for college students interested in film along with a list. and holds student film competitions. In hadn’t resolved it. But the democratic process was going on, people were being 1984, the academy formed its first There being no objection, the mate- heard, different views were being steering committee on drug and alco- rial was ordered to be printed in the heard. RECORD, as follows: hol abuse and began its work with a 2- It wasn’t so long ago that we had an day seminar in Washington, DC with EXECUTIVE OFFICE OF THE PRESI- opportunity to debate the California DENT, OFFICE OF MANAGEMENT First Lady Nancy Reagan. A decade wilderness bill. There was no antiq- later, the academy sponsored another AND BUDGET, uities application or land grab there. Washington, DC, September 25, 1996. meeting—this one focusing on the in- They let the democratic process move Hon. TRENT LOTT, formation superhighway—with our forward. The reason I point this out is Majority Leader, Vice President, AL GORE. because that was a contentious item, U.S. Senate, Washington, DC. Mr. President, it is an honor and a Utah wilderness. We withdrew it be- DEAR MR. LOTT: I am writing to provide privilege to acknowledge the accom- cause of the threat of a veto. the Administration’s initial views on the plishments of the Academy of Tele- Another contentious issue involved a conference report on H.R. 1296, the Omnibus vision Arts and Sciences as a leader in 15-year extension for the only manufac- Parks Legislation, that was filed last night. the entertainment industry. I com- turing plant in my State of Alaska. We are still in the process of reviewing this mend the academy on its growth and extensive legislation and understand that a Without a 15-year extension, it could number of changes were made to the con- creativity over the past 50 years and I not make the $200 million investment look forward to the next 50. ference report from the version of the bill we to change that plant from a conven- reviewed late last week. But, on the basis of I yield the floor. tional pulp plant to a chlorine-free our review of the conference report language, Mr. MURKOWSKI. Mr. President, I plant. They needed that commitment. the President would veto the conference re- ask that I might be able to speak for The Forest Service would put up the port. about 10 minutes in morning business. timber so they could amortize the in- The conference report still includes provi- The PRESIDING OFFICER. Without vestment. The administration chose to sions that are unacceptable to the Adminis- objection, it is so ordered. object to that. The problem is, of tration including: unwarranted boundary re- f course, that there is no source of tim- ductions to the Shenandoah and Richmond Battlefield National Parks in Virginia, spe- OMNIBUS PARKS BILL ber, other than Federal timber, because all of southeastern Alaska is part of cial interest benefits adversely affecting the management of the Sequoia National Park Mr. MURKOWSKI. Mr. President, the Tongass National Forest. The com- there has been a great deal of interest in California, permanent changes in the munities are in the forest. The commu- process for regulating rights of way across from many Members in the disposition nities were assured at the time the for- of the omnibus parks bill. As the Chair national parks and other federal lands, unfa- est was created that there would be vorable modification of the Ketchikan Pulp is aware, we as a committee, the En- enough timber to maintain a modest Company contract in the Tongass National ergy and Natural Resources Commit- timber industry. So out of the 17 mil- Forest, erosion of coastal barrier island pro- tee, met in conference and reported out lion acres of the forest, we have di- tections in Florida, and mandated changes the Presidio package several days ago, gressed down to trying to maintain an that would significantly alter and delay the which contains 126 separate sections industry on about 1.7 million acres. completion of the Tongass Land Manage- covering some 41 States. The pathetic part of it is, Mr. Presi- ment Plan. We sent it over to the House. There dent, only roughly half of the timber is We have repeatedly stated our strong sup- was an implication regarding taxes on suitable for pulp. It is either dead, port for legislation to improve the manage- one particular section. We attempted dying, or immature, in the sense that ment of the Presidio in San Francisco, use Federal funds to help acquire the Sterling to clear it over here. We had an objec- there is not enough soil to continue to tion. That objection has been ad- Forest in the New York/New Jersey High- maintain growth to full maturity. It lands Regions, and establish the Tallgrass dressed. It is my understanding that, has no other use. The reason this pulp Prairie National in Kansas. We have also re- procedurally, this matter can move mill was created is so we would have a peatedly stated our strong willingness to from this body, assuming there is no tax base—this is the only year-round work with you to develop bipartisan, com- further objection. manufacturing plant in the State—and promise legislation that protects our Na- There is another track that is under- to secure jobs, and we would not have tion’s natural resources. This conference re- way by some Members—mostly from to export the pulp out of the State of port does not meet that test. We remain will- the other body—that suggest that the Alaska—at that time, it was the terri- ing to work with you to develop a com- disposition of the omnibus parks bill promise package that could be included in a tory of Alaska—down to the mills in bill to provide continuing appropriations for should be in the appropriation bill, the the State of Washington, or to British FY 1997. CR that is forming. I find that extraor- Columbia, or Oregon. Sincerely, dinary because there are authorizers Well, by the administration’s dictate FRANKLIN D. RAINES, and there are appropriators. My com- of lack of support for the extension, Director. S11476 CONGRESSIONAL RECORD — SENATE September 27, 1996 H.R. 1296, OMNIBUS PARKS BILL can’t say they are nonpartisan. They base of support from the States and the are very partisan as to what they now Olympic Committee spoke for itself. Sec. Title want omitted from the package. So it Sand Hollow Land Exchange: An- 101 ...... Presidio (CA). seems like they have goalposts on other Utah issue they want stricken. 201 ...... Yucca House (AZ) boundary. 202 ...... Zion NP (UT) boundary. wheels because now they want more Out in Colorado, section 311, 312, 313: 203 ...... Pictured Rocks (MI) boundary. omitted. Not only do they want more Land exchange with the city of Gree- 204 ...... Independent Hall (PA) boundary. 205 ...... Craters of the Moon (ID) boundary. omitted but they do not want this ley, CO, for the water supply and stor- 206 ...... Hagerman Fossil Beds boundary. package that the authorizers have age company. 207 ...... Wupatki (AZ) boundary. 208 ...... Walnut Canyon (AZ) boundary adj. completed in both the House and Sen- And, then there are a couple more: 209 ...... Butte County (CA) conveyance. ate. They don’t want this package to Gates of the Arctic Land Preserve Ex- 210 ...... Taos Pueblo (NM) land transfer. 211 ...... Colonial (VA) NHP transfer. be presented in the two bodies. change; the Native’s association land 212 ...... Cuprum (ID) relief (FS). As evidence of that, Mr. President, I exchange. 213 ...... Ranch A (WY) land conveyance. They own our State. There is no 214 ...... Douglas (WY) relinquishment of interest. read the accompanying letter dated 215 ...... Modoc (CA) NF boundary expansion. September 25. I think just the last sen- question about that. As we try to make 217 ...... Cumberland Gap (VA) NHP exchange. 221 ...... Merced (CA) irrigation district exchange. tence is in order. The letter is from adjustments to accommodate our citi- 222 ...... Father Aull (NM) land transfer. zens, we go through a process of hear- 301 ...... Targhee (ID) NF land exchange. Franklin D. Raines, Director of the Ex- 302 ...... Anaktuvuk Pass (AK) land exchange. ecutive Offices of the President. ‘‘This ings, get the input, and get the State 305 ...... Arkansas and Oklahoma land exchange. conference report’’—which is our au- administration involved. 306 ...... Big Thicket (TX) land exchange. The PRESIDING OFFICER. The Sen- 307 ...... Lost Creek (MT) land exchange. thorizing effort—‘‘does not meet the 308 ...... Cleveland (CA) NF land exchange. test. We remain willing to work with ator’s time has expired. 310 ...... BLM reauthorization. Mr. MURKOWSKI. Mr. President, I 402 ...... Rio Puerco (NM) wastershed. you to develop a compromise package was not aware there was a time limit 403 ...... Old Spanish Trail study. that could be included in a bill to pro- 404 ...... Great Western Trail (CO and others). on morning business. 407 ...... Lamprey (NH) wild and scenic river. vide continuing appropriations.’’ The PRESIDING OFFICER. There is 408 ...... West Virginia rivers amendments. So what they want to do is they want 409 ...... Wild & Scenic River technical amend. a time limit on morning business. 410 ...... North St. Vrain Creek (CO) protection. to cherry pick this 126-section, 41-State Mr. MURKOWSKI. I ask unanimous 501 ...... Selma-Montgomery (AL) historic trail. report—over 2 years of effort. Some of 503 ...... Kaloko-Honokohan (HI) commission ext. consent that I may have another 5 min- 504 ...... Boston Library (MA) carry NPS material. these things have been before my com- utes. 505 ...... Women’s Rights NHP (NY) amendments. mittee for over 4 years. Our committee 506 ...... Black Rev. War Patriots memorial ext. The PRESIDING OFFICER. Is there 507 ...... Hist. Black Colleges historic buildings. acted in a bipartisan manner. We took objection? 508 ...... Martin Luther King memorial in D.C. the issues on the merits. 509 ...... ACHP reauthorization. Without objection, it is so ordered. 510 ...... Great Falls (NJ) Historic District. Let me show you what the adminis- Mr. MURKOWSKI. I thank the Chair. 511 ...... New Bedford (MA) Nat. His. District. tration proposed last night, and you 512 ...... Nicodemus (KS) Nat. His. Site. I will try to be a little more rapid. 513 ...... Unalaska (AK) affiliated area. can judge for yourselves. Colorado, section 101: Cache La 514 ...... Japanese American memorial in D.C. Of course, title I, the Presidio, which ROWN 515 ...... Manzanar (CA) NHS land exchange. Poudre corridor, Senator B , Sen- 516 ...... AIDS Memorial Grove (CA) memorial. we all support, is included. But when ator CAMPBELL. 601 ...... U.S. Civil War Center (LA) at LSU. we get into title II, the Boundary Ad- RS2477, Section 405: An Alaskan 605 ...... American Battlefield Protection. 606 ...... Chikamauga (GA) NMP auth. increase. justments and Conveyances, it is rath- issue. 702 ...... Delaware Water Gap (PA) fees. er interesting. They want to strike 406, the Hanford 801 ...... Remove limit on park buildings. 802 ...... Authority for NPS to transport children. Section 216 they want omitted. That Reach protection which is out in the 804 ...... NPS museum properties. is conveyance to the city of Sumpter, State of Washington. 805 ...... Volunteers in parks. 807 ...... Carl Garner cleanup day. OR. That happens to be Senator HAT- Section 502, which is an historic area, 808 ...... Fort Pulaski (GA) reservation removal. FIELD. the Vancouver National Historical Re- 809 ...... Laura Hudson Vis. Center (LA) renaming. 810 ...... Lagomarsino Vis. Center (CA) renaming. Section 218, Shenandoah National serve: GORTON; MURRAY. They want to 812 ...... Dayton (OH) Aviation Heritage amend. Park: That is Senator WARNER. Sen- strike that. 813 ...... Angeles NF (CA) transfer prohibition. Civil and Revolutionary War sites: 814 ...... Grand Lake Cemetery. ator JEFFORDS has an interest I be- 817 ...... William Smullin (OR) BLM visitor center. lieve, and Senator ROBB also has an in- That is section 602. 901 ...... Blackstone (MA) heritage area amend. The Corinth, Mississippi Battlefield 902 ...... Illinois & Michigan Canal (IL) NHA amend. terest. 1001 ..... Tallgrass Prairie (KS) Nat’l Preserve. Section 219, Tulare conveyance: The Act: I believe Senator LOTT. 1011 ..... Sterling Forest (NY/NJ). The Richmond National Battlefield 1023 ..... Recreation lakes commission. Colorado delegation and perhaps the 1024 ..... Bisti/De-Na-Zin (NM) wilderness expand. Utah delegation has an interest. Park: Senator WARNER, and perhaps 1025 ..... Opal Creek (OR) wilderness and rec. area. Senator ROBB. 1026 ..... Upper Klamath Basin (OR) restoration. Section 220, the Alpine School Dis- 1027 ..... Deschutes Basin (OR) restoration. trict: Senator HATFIELD. They want Section 604, the Revolutionary War, 1030 ..... Bull Run (OR) watershed protection. and the War of 1812 Historic Preserva- 1031 ..... Oregon Islands (OR) wilderness additions. that omitted. 1032 ..... Umpqua River (OR) land exchange study. Section 223, Coastal Barrier Resource tion Study: Senator JEFFORDS. 1033 ..... Boston Harbor Islands (MA) NRA. The Shenandoah Valley Battlefield: System in Florida: Senator MACK, Sen- 1035 ..... Elkhorn Ridge (CA) BLM substitute timber. Senator WARNER and Senator ROBB: Added in conference: ator GRAHAM, and I believe the Gov- Ski area permit for rental charges 313 ...... Kenai Natives (AK) land exchange—House version only. ernor of Florida, a Democrat, happens 1042 ..... Katmai (AK) NP subsistance fishing. they want stricken. 1101 ..... California Bay Delta Environment. to feel very strongly that this should Visitors’ services they want stricken. (NPS advises it could support individual heritage area designations if be in there. They want that stricken. overall program authority in HR 1296 is deleted or replaced with HR 1301.) This is a park fee. Essex (MA) NHA. There is a Unified School District. I Glacier Bay National Park: Section Ohio and Erie Canal (OH) NHA. think that is the California issue. Augusta (GA) NHA. 704 stricken. Steel Industry (PA) NHA. Several in Alaska: The Alaska Penin- And then out in the West: Senator South Carolina NHA. sula Subsurface Consolidation, which is Tennessee Civil War NHA. BOND, Senator ASHCROFT, section 803, West Virginia Coal NHA. a very, very small consolidation on the Great Northern Frontier (NY) study. referral, burros and horses. Lower Eastern Shore (MD) study. Alaskan Peninsula. And, moving on, another Alaskan Champlain Valley (VT) study. But here is a big one they want issue, 806, Katmai. stricken: Snowbasin Land Exchange Senator CAMPBELL, section 811: Ex- Mr. MURKOWSKI. Mr. President, I Act. That is big in Utah. That is big in penditure of Funds Outside Authorized thank the Chair. the Olympics. That is big in Idaho. Boundaries of the Rocky Mountain Na- Mr. President, that being done, we That is big out west. This is going to tional Park, stricken. assumed that the administration may allow a land exchange so Utah can hold Section 815: National Park Service have mild objection to others. But last the winter Olympics. They want it Administration Reform; Senator BAU- night we had a proposal from the ad- stricken out of here. They don’t want CUS, and Senator FEINSTEIN, I believe. ministration. I want those that are it. They don’t want that land ex- Mineral King, additional permits, watching in the offices to pay particu- change. There are some, evidently, en- Section 816, stricken. lar attention because I am going to vironmental objections somewhere. It Section 818, Calumet Ecological refer to those in the balance of my re- must be a lot stronger than we Park: I believe that is Senator SIMON, marks because, if you look at them, I thought. We held hearings on it. The and Senator MOSELEY-BRAUN. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11477 Moving over to others: Black Canyon ceed with the remainder of the cal- Despite over $5 billion which the Fed- of the Gunnison National Park Com- endar and just how we are going to eral Government spends annually on plex, stricken; 1021, Senator CAMPBELL, treat these provisions, specifically the our various job training programs, the National Park Foundation, Senator omnibus parks legislation, because at results are less than impressive. Study BUMPERS and myself, stricken; 1027, noon we will be ready to go subject to after study has pointed out the waste 1028, 1029, the Deschutes basin eco- an objection. If there is an objection, I and overlap among job training pro- system, Senator HATFIELD; Mount hope those objecting will come up with grams that now exists. Hood Corridor Land Exchange, HAT- an alternative so that we can meet Just to name a few, in January of FIELD; creation of a forest; Senator their objections, because our job is 1994, the General Accounting Office is- HATFIELD; 1034, Natchez National His- done. Technically, there is no reason sued a report, entitled ‘‘Conflicting Re- torical Park, Senator COCHRAN; and the why the parks omnibus package should quirements Hampered Delivery of Serv- rest of them are in this section 1035; not move ahead as it was intended and ices.’’ and a few Alaskan issues of little con- designed to do and as reported by the Another GAO report was issued in sequence. Committee on Energy and Natural Re- March of 1994: ‘‘Most Federal Agencies Mr. President, the point I want to sources. Do Not Know if Their Programs Are conclude with is we as authorizers have Mr. President, I yield the floor. Working Effectively.’’ Other titles in- done our job. There is an effort now to Mrs. KASSEBAUM addressed the clude: ‘‘Overlap Among Training Pro- circumvent the legitimate process of Chair. grams Raises Questions About Effi- the authorizers by momentum of the The PRESIDING OFFICER. The Sen- ciency,’’ and ‘‘Major Overhaul Needed administration to put this in the ap- ator from Kansas. To Reduce Costs, Streamline the Bu- propriations package. I have commit- Mrs. KASSEBAUM. Mr. President, I reaucracy, and Improve Results.’’ ted to Senator GORTON. If they want to certainly understand and sympathize According to a 1996 GAO report, enti- put the whole thing in, that is one with the distinguished Senator from tled ‘‘Long-Term Earnings and Em- thing. But I am not going to see the ef- Alaska [Mr. MURKOWSKI], who, as ployment Outcomes,’’ few training pro- fort made by our authorizing commit- chairman of an authorizing committee, grams have been rigorously evaluated tee and our conferees to have this sim- has before us an important bill on to assess their true impact on the long- ply cherry picked. Otherwise, there is which time has been spent and many term earnings of participants. While absolutely no reason for our existence. hearings have been held. It is enor- there may be some positive effects for If the appropriations process is going mously frustrating not to be able to participants shortly after training, the to pick up and cherry pick what we have that put before us and acted upon. GAO found that over a 5-year period have done when we are ready to go, we I am very supportive of the efforts he JTPA, the Job Training Partnership have our holdings—at least I am sure spoke of regarding the Presidio bill. Act, participants rarely earn much on our side—addressed because of the more than comparable individuals who way this process would proceed. The f do not participate in that program, and way this process would proceed, Mr. WORK FORCE AND CAREER their employment rates are only President, since we are ready to send it DEVELOPMENT ACT slightly higher. Despite months of back over to the House by taking off Mrs. KASSEBAUM. Mr. President, I training and placement assistance, the the technical blue slip because of the wish also to speak as chairman of an GAO could not attribute the higher tax implications, but we have to do authorizing committee, the Labor and earnings to JTPA training rather than that, of course, without objection. We Human Resources Committee, about to chance alone. are ready to do that. my frustration that we cannot act on a All too often, Mr. President, training Our job is done. The only risk to this piece of legislation I think is very im- programs spell disappointment for is in sending it and subjecting it to a portant. It deals with job training re- vote for recommittal. If the vote fails, those who have sought assistance in form. It is called the Work Force and the package is dead. But it will not building a better life for themselves Career Development Act. Numerous fail. It will not fail in the House. It will and their families. That is why I think hearings have been held on this bill not fail here. Give us a chance to vote this is such a missed opportunity. We over the past 2 years of the 104th Con- on the package. Give us a chance to have talked and talked about reinvent- gress. It passed the Senate with only vote on what the authorizers have done ing government. That was an initiative two dissenting votes. It passed the here. that President Clinton, when he took I implore my colleagues, particularly House. And now we have on the cal- office, announced he was going to un- those who have been around here for a endar a conference report. It is enor- dertake. This is a perfect example of while, to recognize what this attempt mously disappointing to me that in the where we had the opportunity to do so, is all about. They did not think we final days of the 104th Congress we are and now we find we are thwarted from could get a consensus on the parks om- subject to dilatory tactics, and if legis- voting on the conference report on this nibus package. They thought all along lation is not going to be called up important piece of legislation. they would be able to cherry-pick what today, or at the latest Monday, there is We heard testimony before the Com- they want out of it, but we fooled no hope of it succeeding. mittee on Labor and Human Resources them. We got our job done. And now So I would like to speak for a mo- from Ernestine Dunn who said that her they are using the momentum of some ment, before this legislation will be put experience with Federal job training in the minority to suggest they are in the dust bin of the 104th Congress, programs was ‘‘a journey [she] thought going to go ahead anyway. on the need for major job training re- would never end.’’ She spent over 10 Well, we will see about that. We are form. I would like to speak on why I years and went through eight different ready to go. Our job is done. And to believe it was so important for us to job-training programs before getting suggest some expeditious action by in- have been able to consider this legisla- the job skills and training she needed cluding it in the appropriations process tion and my disappointment that it to get off welfare and into a perma- at this late stage simply is not the way cannot be brought forward. nent, well-paying job. the Senate is supposed to function. I The legislation would have reformed Her experience is not unique. With know that all of us get frustrated from our job training and training-related all the different programs and organi- time to time relative to our chairman- programs. There is no doubt that the zations that deliver services, people ships, but this is a travesty of the proc- current maze of training programs is have difficulty knowing where to begin ess if this is a successful effort to cher- woefully inadequate to address the to look for assistance. As a result, they ry-pick those things and put them in very real and immediate needs of work- may go to the wrong agency or, worse, the appropriations process when we are ers for training and education. I think give up altogether. When training is ready to go now. We can have it done nothing makes us more aware of this provided, it often results in only part- today. We should be allowed to pro- than reports we have continually heard time or temporary work. We must do ceed. about how important skilled workers better if we are going to create a So I hope that the leadership would are to our work force today and the im- world-class work force that can com- reflect on that at noon when we pro- portance of vocational education. pete in the 21st century. I believe it is S11478 CONGRESSIONAL RECORD — SENATE September 27, 1996 our responsibility to see that we assist ance. So, it is with enormous dis- Mr. President, I conclude by saying it and work with local and State govern- appointment that I see these efforts is my hope that in the 105th Congress it ments and the business community to may now be wasted—but I hope not—as will be one of the top priorities as we do just that. we complete the 104th Congress. For recognize how extremely important it The Congress and the President both those who will remain, because I will is for us to address our skilled work agree that reform is long overdue. Less be retiring, it is my hope that what we force for the 21st century. than 1 year ago, as I said, we passed have laid out here in months and The PRESIDING OFFICER. The Sen- this with overwhelming bipartisan ma- months of work can provide a back- ator from Maine. jorities. Last October, the ranking ground for further efforts in the 105th f member of the Labor and Human Re- Congress. sources Committee, Senator KENNEDY, This legislation has been strongly LEAVING THE SENATE remarked that ‘‘this is an area of pub- supported by the National Governors’ lic policy which is of great significance Association, both Democratic and Re- Mr. COHEN. Mr. President, it is alto- and importance to working families in publican Governors. They believed this gether fitting that I follow the remarks this country and of great significance was one of the most important pieces of my colleague from Kansas. I think and importance to the United States as of legislation that could be passed in those who have been watching have a nation and its ability to compete.’’ this Congress. seen just an example of the kind of pas- That was true then and is even more The workforce development con- sion that she has brought to public true now. With ever rapid advances in ference report that is now on the cal- service, the kind of strength and integ- technology, workers will have to con- endar is a result of 2 years of biparti- rity that she continues to display even stantly change and upgrade their skills san work to develop a vision of a in the waning moments of this session. in order to compete. workforce development system for the I know the country is going to miss her The importance of training and edu- 21st century. The elements of this com- service. I am certainly going to miss cation were also central to the debate mon vision include: being a partner in so many endeavors and passage of the welfare reform legis- Flexibility for the States to design that we have had over the past 18 years lation this summer. In order for wel- systems that meet their own needs, in the U.S. Senate. fare recipients to successfully make while preserving the core activities I must say, this is both a sentimental the transition to work, they must have traditionally supported by the Federal and a sweet moment for me. It shortly the training, education, and job skills Government; will mark 24 years of serving in both that will help them get in jobs and stay Greater coordination among edu- the House and the Senate. It is a mere in jobs. That is what this legislation is cators, trainers, and the business peo- blink of the cosmic eye of time, and it all about. ple who create the jobs for which indi- has all been telescoped into these final It is not about programming a child viduals are being trained; few moments as we conclude this ses- from kindergarten clear through high Innovative strategies like vouchers sion. So it is sentimental in that sense, school in a career path. It is about giv- to improve training; and but it is also sweet in another, because ing our States and our local commu- Improved effectiveness of programs I have been standing in the glow cast nities the resources to help design by focusing on results, not bureau- by so many friends and their kind re- flexible programs that will meet the cratic redtape. marks. Last evening, Senator BYRD needs of Kansans, or meet the needs of This conference report, I think, de- took the floor and gave an encomium those who live in New Hampshire or serves the full support of all those, to me. I was pleased that I was not here Maine or California. There are differing both Republican and Democrat, who to hear it, because, had I been here, I needs in differing States and at dif- were committed to achieving broad job would have been too embarrassed to ferent times in a person’s progress training reform less than 1 year ago. have remained on the floor. through school and work. One of the staunchest supporters of If someone throws rocks at me, I am Again, that is what this legislation is this effort is on the other side of the quite accustomed to throwing them all about. It would allow the States the aisle, Mr. President, Senator KERREY of back. But if you hurl a bouquet, then I flexibility to design integrated systems Nebraska. am usually undone. where services are delivered on a one- Some have complained the con- So, I thank Senator BYRD for his gra- stop basis. No longer would an individ- ference report does not go far enough cious comments last night, along with ual have to go to several different of- in preserving a Federal role in job those of Senator NUNN, who also was fices for help. With a one-stop system training. Others claim it creates too most kind. He and I have served on the they could get job counseling, skills broad a Federal role. I do not believe Senate Armed Services Committee for training, and other services all in one that any of the specific criticisms that the past 18 years. I must say it has place. That is what the administration were leveled against this bill are sig- been truly an honor for me to have said they wanted as well. nificant enough to bring down such a served with such a distinguished, intel- Meeting these challenges will not be solid piece of legislation which has ligent, and dedicated individual, one an easy task. One possible response been years in the making. who has dedicated his life to promoting might be to increase funding for edu- I had hoped that what began as a bi- a sound and responsible national de- cation and training. We are on the way partisan effort with passage of the re- fense policy, foreign policy, and, in- to doing just that. I am troubled, how- form efforts in both the Senate and deed, economic policy. It is my hope ever, that we would pursue this course House would come to completion in a that sometime in the future we will be while leaving in place the same old bipartisan vote of support for the con- able to continue efforts in all of these programs which we all recognize do not ference report. We are faced with a areas. work. More funding, I would argue, will challenge of creating a new and coher- While I have been caught up in the not advance the type of major struc- ent system in which all segments of golden afterglow of the accolades of my tural overhaul and consolidation of the workforce can obtain the skills colleagues and those of the editorial training and education programs that necessary to earn wages sufficient to writers in my home State, I have al- is needed to create a workforce system maintain a a high quality of living. In ways been mindful of Dr. Johnson’s ob- that can serve the local needs of job addition, American businesses need a servation that: ‘‘In lapidary inscrip- seekers and employers alike. It is a skilled workforce that can compete in tions, men are not under oath.’’ I sus- Band-Aid approach that deals only the world marketplace. I believe this pect there may be some truth to that with the symptoms and not the under- legislation gives the States the nec- as far as the editorial comments are lying causes of the problem. essary tools to meet those challenges. concerned or final tributes to our part- This bill would consolidate over 90 We should not have allowed the dis- ing Members. I might say, for my own programs of various job training efforts tractions of an election year to detract part, I have been little more than scattered among 15 different agencies. us from moving forward in a bipartisan Aesop’s fly on the wheel of history’s It really does take us in a new direc- fashion on this legislation, which I be- chariot, marveling that I could kick up tion that I think offers positive assist- lieve is so important. so much dust in a period of 21⁄2 decades. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11479 I have also been deeply humbled by take in a conference that was held at a wealth of information, a sense of his- the experience. I think it is a testa- the Gerald Ford Library. The modera- tory, a sense of reverence for the finest ment to the openness of the people of tor of the panel, which consisted of institution in the world. this country, especially the people of Tom Foley, Bob Michel, and myself, hit That is a personal judgment on my Maine, that a boy who was born in the me with a question the moment I ar- part, but I think we should be wary of bed of his mother on the third story of rived. He said, ‘‘Why are you leaving? just pushing people in, pushing them a tenement building on Hancock Why are you and so many others leav- out, relieving people of their respon- Street, in Bangor, ME, just a block ing?’’ sibility of voting. We have term limits. away from what used to be described as Of course, I could have given a glib We have them now. They are called the ‘‘Devil’s half acre’’ could, in fact, answer and said, ‘‘Well, I’d rather have elections. If you don’t like what your be elected to the greatest elective body people wonder why I’m leaving than elected official is doing, then go to the in the entire world. stay and have people wonder why I’m polls and vote them out. But, no, it is Maine people have always dem- staying.’’ But it was a serious question an easy way to say, ‘‘We don’t even onstrated a generosity of heart and, that required a serious answer. have to think about it, it is automatic. also, I believe, self-serving as it may Each of us are leaving for different You have done your 12 years; now move sound, a great soundness of mind, to and profoundly personal reasons. Some on.’’ judge people not on their origins, not are departing the Senate at the end of So that was something that weighed on their economic status, ethnicity or this session because of age. Some are at least in the corners of my conscious- race, but on merit, and that is why, departing because of health factors. ness as to whether I should stay or historically, we can point to people Some are departing, like my colleague leave. like Margaret Chase Smith, who stood from Kansas, for family reasons, of I must say to my colleagues that my on this floor so many years ago and de- wanting to be at home with her chil- goal in politics has always been quite livered her ‘‘Declaration of Con- dren and grandchildren. modest, and that is to help restore a science.’’ For me, I must say, there is never a sense of confidence in the integrity of It is why the people of Maine elected good time to leave the best job in the the process itself, to help bring Wash- Ed Muskie, whom we lost just a few world. There is never a good time to do ington a bit closer to the main streets months ago who demonstrated his com- that. But for me, it is the best time. I of my home State. I have always tried mitment to this Nation’s interest in have what I would call a Gothic pre- to bring a sense of balance and perspec- helping to clean up our waterways, im- occupation with the relentless tick of tive and, yes, let me use the word, prove the quality of our air and became time. I served almost a quarter of a moderation. It is not in vogue today to known as Mr. Clean, then Mr. Budget, century on Capitol Hill now represent- talk about being a moderate. We are and the enormous contribution he ing the people of Maine, and I know frequently depicted as being mushy or made through public service to the en- had I chosen to run one more term, the weak-principled or having no principle, tire country. The people of Maine are pressure would have been on to say, looking for compromise—another word very, very proud of him and are work- ‘‘Well, now that you are chairman of which has somehow taken on a nega- ing to memorialize all of his work. one of the various committees on tive tone. They elected George Mitchell, who, which you serve, we need to keep you I recall after supporting the crime in a very short period of time, became where you are, so run again.’’ So it bill 2 years ago, a call came into one of the Senate majority leader and one of would be 12 years from now I would my district offices, and a man was very the most effective in the history of this then still be running after Senator angry. He said, ‘‘I am angry with your body. STROM THURMOND, whom I am sure by boss,’’ to one of my staffers. They elected OLYMPIA SNOWE to re- that time would have renounced his I said, ‘‘Why was he angry?’’ place Senator Mitchell when he decided late-blooming support for term limits He said, if you excuse the expression, to retire. Soon I believe they are going and decided he wanted just one more ‘‘He’s too damn reasonable.’’ to send Susan Collins to sit beside term. Perhaps that will be the epitaph on OLYMPIA SNOWE. Governor King, who is But the subject of term limits, of my gravestone. an Independent Governor of the State course, raises another issue. The people I believe it is essential to have pas- of Maine, made the comment when I of Maine passed by way of referendum sion in politics, provided that passion announced my retirement, ‘‘What do a proposal to place a two-term limita- doesn’t blind us to the need to seek, you do? What does a State do when it tion on those who serve in the U.S. find and build consensus. Republicans loses Babe Ruth and Lou Gehrig?’’ I Senate. It was not binding, as such. It and Democrats have different philoso- suspect he was referring to Senator was not retroactive, and so it never phies. We are different. We see the role Mitchell as being Babe Ruth and me as would have applied to me or, indeed, to of Government in different ways, of ei- Lou Gehrig. But what do you do? Senator Mitchell. But it basically said ther the need for its limitation or ex- I might say the same for Kansas. something about the mood of the peo- pansion. But we have the same goal, What does Kansas do when it loses a ple of our State; that they feel, or have and that is to provide the greatest Bob Dole and a NANCY KASSEBAUM? come to feel, at least those who voted, amount of good for the greatest What the people of Maine will do is do that 12 years is long enough. amount of people in this country. I also what the Yankees did. They will go out I must say, in the back of my mind, think it is sheer folly to believe that and recruit Mickey Mantle, which they that weighed rather heavily; that even either party holds the keys to the have done in OLYMPIA SNOWE, and though it did not apply to me in any kingdom of wisdom, and I think the Roger Maris, which they will have in legal sense, in spirit, some were at danger to our political system is that Susan Collins. least saying, you have been there twice each party is going to plant its feet in I think all of us feel the sense of loss as long as we would like to see people ideological cement and refuse to move. that so many are leaving—some 13 serve in the U.S. Congress. The Senate has changed since I first now, with Bob Dole, 14—the U.S. Sen- I think it is a mistake. It is open to, came here. The personalities have sure- ate at the end of this term. We feel obviously, a difference of opinion, with ly changed, and that is to be expected. that perhaps things won’t go on as they good will on both sides of this particu- It was inevitable. We had people of should. People talk about the ‘‘center lar debate. But I think it is a mistake such stature like Senator Ribicoff, no longer holding, of things falling to suggest that people should only be Senator Baker, Senator Javits, Sen- apart.’’ But I believe it was Charles De here 12 years and move on. It will only, ator Tower, Senator Jackson, Senator Gaulle who said ‘‘That our graveyards in my judgment, continue the churning Rudman, Senator Danforth, and the are filled with indispensable people.’’ of people moving in, moving out, and list goes on. They have all departed There will be others equally qualified, we lose a sense of history that a Sen- from this institution, and we lost a if not more qualified, to take our place ator ROBERT BYRD possesses and that great deal when they retired or passed in this distinguished institution. of Senator MOYNIHAN and others. I can away. I had occasion to travel out to Ann go down the list of people who serve So the personalities have changed, Arbor, MI, yesterday afternoon to par- with great distinction, who bring such but the process has also changed. S11480 CONGRESSIONAL RECORD — SENATE September 27, 1996 Toffler wrote a book some years ago in heard of for the past 2 years, and now the consultants say, ‘‘But they work.’’ which he said we were entering the age starting to socialize to get to know So we have allowed ourselves to lower of future shock, in which time would be each other a little bit better so that the sense of decency and civility in this speeded up by events and our customs perhaps during the height of those pas- country by attacking character, trying and culture would be shaken in the sionate debates, they might still main- to portray our adversaries, our politi- hurricane winds of change. tain a sense of order and respect. cal adversaries as enemies, as evil- Those hurricane winds of change I remember during the Watergate minded people who are set out to de- have been blowing through this Cham- process I served on the House Judiciary stroy the fabric of this country. ber over the past three decades as well, Committee that was debating whether We have witnessed the rise of special and has changed, fundamentally, the to bring impeachment articles against interest groups. There have always operation of the Senate itself. The in- Richard Nixon. It was more than 22 been special interest groups, but today troduction of cameras into our Cham- years ago. And I raised a question. I they are far more organized, they are ber has changed it, some for the good said, ‘‘How did we ever get from ‘The far more technologically advanced and some not for the good. Federalist Papers’ to the edited tran- than ever before, and they have a The House has always been able to scripts? How have we come that far?’’ greater capability than ever before of act differently than the Senate. The And I wondered yesterday, in the same blunting and stultifying any attempt House is a different body, a different vein, how did we ever get away from to forge legislation in the Congress. institution with a different history. I the kind of relationships that Gerald John Rauch wrote an article for the served there for 6 years. Ford and ‘‘Tip’’ O’Neill and Tom Foley National Journal some time ago—I I recall reading that Emerson with a and Bob Michel had with each other think since has been expanded into a visitor in the gallery, pointed to the where they could vigorously debate book—but it referred to the process as House floor, and he said, ‘‘There, sir, is their philosophical differences but go ‘‘demosclerosis,’’ that the arteries of a standing insurrection.’’ And that is out and play a round of golf or have a our democratic system have become so what it is. It is far more energetic and drink after debate ended that day, and clogged with special-interest activities boisterous and full of passion because now we find ourselves filing ethics and organizations that it is virtually that is the House of the people. That is complaints against each other, a volley impossible to work any kind of change where they are closest to the people going back and forth to see who can because single-minded groups have that we serve. make the strongest charges against the more at stake in preventing legislative The House undertook a 100-day other? changes than the general public has in march at the beginning of this session. Mr. President, there are many rea- supporting them. So there is that in- They passed some major legislation. sons why this is taking place. It would tensity of interest, and they are able to The pressure immediately was on the take a full day and longer to analyze hit a button and suddenly flood our of- Senate: ‘‘Why can’t you do the same? them from a sociological point of view. fices with 5,000 letters overnight or sev- We did all of this in 100 days. Why can’t I would prefer to defer to someone of eral hundred phone calls in the matter you do the same?’’ And the answer is, Senator MOYNIHAN’s stature and of a few hours. the Senate was never designed to act in knowledge, to talk about social issues. There is also, I must say, a reluc- 100 days, to take up the same agenda in But I think radio and television has tance on the part of the Members of the same period of time. We were de- contributed somewhat to that strip- this body and the other body to touch signed to slow down the process, to be ping away of reverence for our institu- the so-called third rails, to touch po- more thoughtful about exactly what we tions. We now have journalists who are litically volatile issues like Social Se- were about, to take up major issues heralded as celebrities. They have curity and Medicare and entitlements. and to ventilate them, to debate them radio shows and television programs All of us have been shying away from at length, if necessary, to allow the though which they have achieved a these issues. public to understand exactly what we great deal of notoriety. were undertaking, to express their ap- Some of them achieve notoriety by We have to rethink exactly what the probation or disapproval. taking the most extreme positions pos- role of a U.S. Senator is. I always felt But now the pressure is on to move sible and using the most inflammatory that it was the responsibility of Mem- faster and faster, to become more like rhetoric they can, and, of course, as bers of this body who are elected to the House. That is a great institution, the rhetoric becomes more extreme, come to Washington, to become as in- but we should not merge the two iden- their popularity tends to soar. As their formed as they possibly could, to have tities. popularity soars, the invitations for an open door to all special interests— I think there has been a loss of rev- them to come and address various con- and everyone in this country has a spe- erence for our institutions. In fact, if ventions and groups also continues to cial interest—to be open to all issues you look, perhaps the Supreme Court escalate, as do their speaking fees. and arguments and advocates, and then may be the only institution for which Somehow, all of that excessive, in- to weigh the respective merits of those there is a deep sense of respect and rev- flated, and sometimes outrageous rhet- arguments, to sift through them and erence, and perhaps that is because the oric starts to get recirculated back come to a conclusion and vote, and mystique that surrounds it has yet to into the congressional debates, because then go back to our constituents and be torn away and shredded. then Members of Congress are invited explain exactly why we voted as we I find it troubling that we see shov- to participate in those very shows and did, not just react to or appease the ing matches outside committee rooms programs. They are then prone to come most vocal among our citizenry. in the other body. While poets have up with something equally extreme or Some of that has changed. We do not asked, ‘‘What rough beast slouching its quotable so that they can continue to quite do that anymore. Today, we are way toward Bethlehem,’’ we have to be invited back on the programs. being driven by overnight polls. Today, ask, ‘‘What rough beast slouching its So a little vicious circle has been set we are lobbied intensively by various way toward the Potomac?’’ Is it the up and set in motion, people then vying groups. Today, everything has become Russian Duma? Have we come to shov- for the best quote, the most inflam- compressed. ing matches to make our points? It was matory, provocative thing they can say Margaret Chase Smith, I mentioned discouraging to see that passions are so in order to make the news on that pro- her earlier. She used to sit over here to high that we have to resort to fisti- gram or another. my right. She never announced a vote cuffs. There is also the hydraulic pressure until the roll was called—never. And Perhaps there is a recognition that that everyone in this body and the that was her particular mark, saying, we have gone too far. We can take other body faces from the endless quest ‘‘I want to hear what all the arguments some hope that Members in the other for raising campaign funds. are before I make my decision.’’ Most body are now holding retreats and ac- There is the rise of the negative at- people cannot do that today. Most peo- tually socializing. Think about that. tack ads. It is a sorry spectacle that we ple are not allowed that luxury of wait- They are deciding to socialize, Demo- have been witnessing all too much. We ing until debate is concluded before an- crats and Republicans, something un- all say that they are terrible, but all of nouncing their decision. Those who do September 27, 1996 CONGRESSIONAL RECORD — SENATE S11481 run the risk of being criticized edi- have written 5,000 lines of solid gold and a that kind of education or whether the torially or otherwise as being indeci- good deal of padding—I, who have covered funding will ever be available to carry sive, possessing a Hamlet-like irreso- the Milky Way with words that outshone the on medical research. luteness. You mean you do not know stars, yes, I beat the Australians in Italy and elsewhere, and I made a few brilliant cam- It was a momentous occasion for all how you will vote on a bill that may paigns, I ended up in a cul-de-sac. I, who of us. But what was equally poignant come to the floor a month from now? dreamed of a world monarchy and Asiatic for me and memorable was the reaction Have you not thought it clearly power. Holmes said, ‘‘We cannot live our of our colleagues. I paraphrased a poet through? dreams, we are lucky enough if we can give during the course of the morning, and We even get ranked by various a sample of our best, if in our hearts we can I said each of us, every one of us, here groups on legislation that we do not feel it has been nobly done.’’ in the galleries, here on the floor, we cosponsor, so that you have black During the past 24 years, I have tried all prepare a face to meet the faces marks listed next to your name if you to give a sample of my best. I will leave that we meet. Every one of us puts on refuse to cosponsor a bill that may it, of course, to the people of Maine to a mask every single day. But for at never come to the Senate floor. judge whether it has been nobly done. I least a moment yesterday, every one of I have on occasion taken this podium mentioned a sample of the best, be- the Senators who were there dropped and announced that the mail coming to cause yesterday for me was a very mo- the mask of being U.S. Senators and my office and phone calls coming to mentous day. I had the great privilege revealed the pain and suffering that my office were running heavily against of cochairing a hearing held by the they, too, have known. the position I was about to take. Hav- Senate Aging Committee and the Sen- We had Senator PRYOR who talked ing said that on the Senate floor, my ate Appropriations Committee. For the about his son’s illness, having cancer of office would then be flooded with im- first time in 18 years, I had the honor his Achilles tendon and what that en- mediate calls saying, how dare you in- of sitting beside Senator MARK HAT- tailed. We heard from Senator CONNIE dicate that your mail is running two or FIELD, a man whom I admire enor- MACK who talked about the loss of his three or four or five to one but you are mously, someone who stands as tall brother and his wife’s fight against going to vote the other way? How could and straight and tough as any individ- breast cancer. CONRAD BURNS, HARRY you possibly be so arrogant? Well, of ual that has ever occupied these desks. course, those callers presume that that We held a hearing to deal with the REID, BOB BENNETT, HERB KOHL—each body of mail and that volume of calls issue of providing in some fashion more one of them told a personal story of received reflect the will of the people funding for research for medical tech- their own pain and suffering of that of of Maine, which may or may not be the nologies and developments. We had friends and family members. case. Much of the time it is so highly quite a remarkable group of people tes- It was not, Mr. President, an adver- organized it does not reflect the gen- tifying before that joint committee. sarial hearing. It was a bipartisan eral will of the people of the State. We had General Schwarzkopf who, hav- meeting, a realization that we have to But it also presumes that we serve no ing defeated Saddam Hussein’s army on dedicate ourselves to defeating on a bi- function other than to tally up the let- the battlefield, waged another kind of partisan basis common enemies that ters and to tally up the phone calls. battle against prostate cancer. He was assault us daily. Yesterday we spoke of You do not need us for that. You do not successful, and he is now waging a disease, but there are far more enemies need a U.S. Senator to do that. All the campaign on a national level to edu- that await us as we rocket our way people have to do is just buy a few cate the American people of what the into the 21st century. computer terminals and put them in dread disease really entails and how it There is something called a balanced our office, have the mail come in, needs to be combated. budget. We can work toward a balanced count the phone calls, and then push a We heard from Rod Carew who talked budget on a bipartisan basis. This is button and have a vote. You do not about losing his 18-year-old daughter not a political statement. This is a need us for that. Michelle to leukemia, a very painful So we have to restore the sense of moral imperative. This is something experience for him, and the television what the role of a Senator is. We have that we have an absolute obligation to program that was shown to dem- to really work to persuade our con- our children and our grandchildren to onstrate her lightness of being, her stituents that this is not a direct de- do. It does not matter whether you are generosity of heart and spirit was mov- mocracy, it is a republic. It is what a Republican or a Democrat or Inde- ing to all of us. Benjamin Franklin said: ‘‘We have pendent. We have to balance the budget We heard from Travis Roy. Travis given you a republic, if you can keep within a reasonable timeframe if there Roy is a young man from Yarmouth, it.’’ is any hope for ever solving this coun- So we have to dedicate ourselves not ME. He was a great hockey player. He try’s fiscal crisis. to a direct democracy, or to voting ac- lived for the moment that he would Mr. President, we can have and we cording to the passions of the moment take to the rink and play for Boston have to have a bipartisan consensus on of what an overnight poll may or may University. He suited up, stepped on to the need for a strong national defense not show, but to consider thoughtfully the ice, and 11 seconds later he became and a coherent and consistent foreign and weigh the merits of the opposing a quadraplegic, having been shoved policy. I say this not as partisan, but arguments and then take a stand on an head first into the boards. But to listen we have lacked coherency, we have issue and try to persuade our constitu- to him talk about what his aspirations lacked consistency, and it has been to ents we have done, if not the right are, that he wanted one day to have the the great detriment of this country’s thing, at least a reasonable thing. If we kind of help, medical help that would credibility as the only superpower in cannot do that, we do not deserve to be allow him to get married, to hug his the world. reelected. That is the way the system wife, to hug his mother, to teach his son how to play hockey, as his father I am fond of thinking back to a time should operate—not, take an overnight when Churchill was being served his poll and formulate our policy to com- had taught him, was quite a moment. We had Joan Samuelson who has breakfast by his man-servant and, as port to what the overnight poll shows. the breakfast was being delivered to Polling is now driving our policies, been waging a 9-year battle against Parkinson’s disease. She talked about him, he said, ‘‘Take this pudding away; driving it in the White House—this is it has no theme.’’ Well, we have been not the first White House—and it is the day-to-day struggle that she has to encounter, and so many others, hun- lacking a theme in foreign policy for driving it in Congress as well. too long. Mr. President, I am fond of quoting dreds of thousands if not millions of from Justice Oliver Wendell Holmes Jr, others, have to confront every day of You cannot pick up today’s paper and the Presiding Officer as a very gift- their lives, just to carry out functions without being disheartened, if you look ed attorney, I know, is familiar with that we take for granted. at what is taking place in Israel today, his writings and his works. We heard from a young woman from or Russia, or Bosnia, or Iraq, or China, He wrote at one point: Oregon who is dedicating her life to be- or Japan. You cannot adopt the policy I often imagine Shakespeare or Napoleon come a research scientist but does not or the position that, well, I am just summing himself up and thinking: ‘‘Yes, I know if she will be able to complete going to focus upon domestic issues. S11482 CONGRESSIONAL RECORD — SENATE September 27, 1996 You can’t focus just on domestic is- Affirmative action may not be the lems that confront us as an institution, sues. You have to focus on foreign pol- answer to these problems, but we can- I take hope. I look at people like BOB icy because foreign activities can over- not adopt a position of indifference or KERREY of Nebraska, JOHN BREAUX of whelm your domestic concerns and hostility to recognizing the need to Louisiana, KENT CONRAD, JOHN CHAFEE, considerations. overcome barriers that have been OLYMPIA SNOWE, SLADE GORTON, who is We need to develop a strong biparti- erected for centuries against people sitting in the Chair, BOB BENNETT, PAT san consensus on what the role of the who have been deprived of their oppor- MOYNIHAN, and they are just a few—in country is to be in the next century. tunity to participate fully in the Amer- spite of all of the difference, all of the We have to do so and put aside those ican dream. criticism we have witnessed in the differences that we may have on other Mr. President, I could go on at length past—and JOHN GLENN who just walked issues. Everyone is fond of saying, ‘‘We about the subject of the need to heal through the door. I include him by all can’t be the world’s policeman.’’ I the racial divide, or the wound that has means in that category of people that I agree, but we can’t afford to become a been opened up in our communities. I look to the future with great hope and prisoner of world events either. It re- will save it for another time in a dif- encouragement. quires us to be engaged, and requires us ferent forum, obviously. I want to just point out that, several to be engaged not only with the Presi- I would like to conclude my remarks years ago, when Senator SAM NUNN and dent, which we have yet to be engaged by referring to a book that was written Senator PETE DOMENICI—two more gi- fully, in my judgment, on a number of many years ago by Allen Drury. If ever ants in this body—offered an amend- key issues; we have to be engaged with there was an author who captured the ment to curb the growth of entitle- our allies and, indeed, even our adver- essence of what this institution at ments, I thought they came up with a saries. We have to have a world view. least used to be like, it was Allen very rational, responsible proposal. It There is no such notion of coming back Drury in his novel ‘‘Advice and Con- said, let us take the entitlement pro- to America, of zipping ourselves in a sent,’’ written and published in 1959. He grams that are growing at such a dra- continental cocoon and watching the said something which I have carried matic rate and see if we can’t rein in world unfold on CNN. We have to be ac- around with me from those very days those spending programs a little. Ev- tively and aggressively engaged in when I first read the book. He said erybody who is entitled to enter a pro- world affairs. History has shown that about us: gram can still come in and we will pro- every time we have walked away from They come, they stay, they make their vide a cost-of-living adjustment, a the world, the world has not walked mark writing big or little on their times in COLA, every year, and for the next 2 away from us. The history of the 20th a strange, fantastic, fascinating land in years we will even add 2 percent, and century has been one of warfare. What which there are few absolute wrongs or abso- we need to prevent the 21st century lute rights, few all-blacks or all-whites, few then we will cap it at that rate. It from descending into warfare is an ac- dead-certain positives that won’t change to- sounded eminently reasonable to me. tive, aggressive engagement in world morrow, their wonderful, mixed-up, blunder- But what happened? How many people affairs. ing, stumbling, hopeful land, in which evil voted for that? I think it was 26. Only men do good things and bad men do evil 26 Members were prepared to stand up Mr. President, we need to have a res- things, where there is a delicate balance that toration of individual and community and endure the wrath of our constitu- only Americans can understand, and often ents, for fear that we were taking away responsibilities. We don’t need to de- they, too, are baffled. something that they were entitled to. bate that issue as Democrats or Repub- It was a wonderful description of Well, that has changed, licans. We have to return to the stern Washington itself. But I have gone fur- virtues of discipline and self-reliance. Mr. President, thanks to people like ther back into the past in Mr. Drury’s you, the senior Senator from Washing- That should not be a matter of par- writings, and I found something even tisan debate. Everyone understands ton, and thanks to the others I have more pertinent and important to me. mentioned, and so many more, we had what has happened in this country by He kept a journal. He used to sit up in simply turning to Government to solve a vote recently in which we presented a that press gallery and look down upon balanced budget that included some our problems. We have to get back to a the workings of the U.S. Senate. He very difficult choices. It included re- sense of moral responsibility, fiscal re- kept a journal between 1943 to 1945. It ductions in the growth of Medicare. It sponsibility, self responsibility, to be is a remarkable piece of writing. It is included some tax cuts—not as much accountable for our own actions, and, so brilliantly and eloquently expressed, as many had hoped but more than per- yes, turn to the Government and have I don’t think there has been a better haps many believe we are entitled to at that Government care for individuals piece of writing since that time. He this moment in time, but, nonetheless, who are unable to care for themselves, said something about the Senate which tax cuts; Medicare reductions; reduc- be they poor, disabled or elderly. I would like to repeat for my col- We also, Mr. President, must work tions of a half of a percentage point in leagues, because I am sure that the very hard on a bipartisan basis to heal the Consumer Price Index. Some would book is not on the shelves of all of us. the racial divide in this country. The like to have at least 1 percent, but half He said: words ‘‘affirmative action’’ are no a percent is a very courageous thing longer in vogue; it is distinctly out of You will find them very human, and you from Members to do in an election can thank God that they are. You will find fashion to talk about affirmative ac- that they consume a lot of time arguing, and year. Forty-six Members of the U.S. tion in America. Many people say it is you can thank God that they do. You will Senate went on record in favor of that. the obligation of Government—if not find that the way they do things is occasion- That is why I am encouraged that we the reality—to be colorblind. Well, we ally brilliant, but often slow and uncertain, will find men and women succeeding don’t live in a colorblind society. It is and you can thank God that it is. Because of those of us who are departing and who a fiction. We live in a society in which all these things, they are just like the rest of will look into the eyes of their con- racism is still very much alive. It is an us, and you can thank God for that, too. stituents and say, ‘‘This is something evil that we have to rise up and That is their greatness and their strength, that is right for us to do.’’ and that is what makes your Congress what The Social Security system eventu- confront day in and day out. it is—the most powerful guarantor of human The notion that we are all starting liberties free men have devised. You put ally will go bankrupt, the trustees say from the same line, the same end zone, them there, and as long as they are there, by the year 2029. Around 2015, revenues running a 100-yard dash, is pure folly. then you can remain free because they don’t collected will be exceeded by payments Can you imagine suggesting that we like to be pushed around any more than you to beneficiaries. Medicare will be broke are starting out equal, when you have do. This is comforting to know. in 6 years. some young children in suburbia who I don’t know, if Mr. Drury were sit- It is a tragedy that the White House go to bed with their laptops and teddy ting up in the gallery today, that he has absolved itself of this issue and has bears at night, and children in the would look down and find as much refused to come to the grips with the urban areas who go to sleep still duck- comfort as he did in 1943 through 1945. issue of Medicare solvency. I know ing bullets that are fired by gangs? Are But I must say that I do. what is going to happen. They will wait they starting off equally in our soci- After all that I have said in pointing until the elections are over, and then, ety? out all the difficulties and all the prob- whoever wins at that time—if it is September 27, 1996 CONGRESSIONAL RECORD — SENATE S11483 President Clinton who wins reelection, ing Franklin—a great country, and we His efforts are reflected in the enact- I can almost guarantee that the first can keep it, but only if we care to keep ment of community banking and urban thing he will do will call for the cre- it. enterprise zone legislation, educational ation of a blue ribbon commission to I believe based upon the many friends reforms and community policing pro- resolve the Medicare crisis. It is an that I have made here—the people that grams. issue that should be debated this year. I admire and who are leaving with me, But what many of us will remember It should have been resolved this year, but those, more importantly, who are most is BILL’s passion when it comes to but it will not be. staying and those who will come—that issues involving equality. BILL estab- I take hope, Mr. President, when I there is a genuine desire to keep this lished himself as a serious and badly look at leaders such as TOM DASCHLE the greatest country on the face of the needed voice in the national dialog on and TRENT LOTT. I know, again, what Earth, a country that is still a beacon racism, pluralism, and discrimination. the reaction was when Senator Mitch- of hope and idealism throughout a He has challenged every American to ell, my colleague from Maine—again, I world that is filled with so much op- confront the festering sore of racism. point out he was one of the most effec- pression and darkness, and this will re- In his keynote at the 1992 Democratic tive majority leaders in the history of main the greatest living institution in convention, he warned that ‘‘We will this body—when he left, there was a all of the world. advance together, or each of us will be great expression of woe. ‘‘What will we Mr. President, I suggest the absence diminished.’’ do?’’ When our distinguished colleague, of a quorum. One of his most powerful moments in Bob Dole, left, all of us felt the pang The PRESIDING OFFICER (Mr. GOR- the Senate, and one which I will never and the anxiety of saying, ‘‘What are TON). The clerk will call the roll. forget, was his denunciation of the hor- we going to do now?’’ Bob Dole is no The assistant legislative clerk pro- rifying beating of Rodney King. I will longer with us—a master at bringing ceeded to call the roll. always remember BILL standing at his people together. Mr. LAUTENBERG. Mr. President, I podium, pounding it 56 times with a I believe that we are still in good ask unanimous consent that the order bunch of pencils. His blows were meant hands. I am impressed with the major- for the quorum call be rescinded. to represent the beating administered ity leader, with his drive, intelligence, The PRESIDING OFFICER. Without by the police to Rodney King. The and determination and, yes, his prag- objection, it is so ordered. sound, resonating through the Senate matism, his willingness on key issues f Chamber, was a powerful reminder of to reach across the aisle, and to say, just how far we need to go on the road SENATOR BILL BRADLEY ‘‘Can’t we work this out? We have our to equality. differences, but can’t we at least come Mr. LAUTENBERG. Mr. President, I In the international arena, BILL to some kind of consensus on the major rise to pay tribute to my friend, col- BRADLEY was so energetic and commit- issues confronting this country?’’ I am league, and the senior Senator from ted that he traveled to the former So- enormously impressed with his talents, New Jersey, BILL BRADLEY, as he viet Union for a weekend—to try to fa- cilitate understanding between the su- and those of Senator DASCHLE as well, leaves the U.S. Senate. I have served perpowers, and to foster peaceful co-ex- both men of outstanding ability and with BILL BRADLEY for nearly 14 years, istence through economic cooperation. good will. my entire tenure in this body, and it is With all of his achievements, BILL’s To those people who declare that difficult to imagine what it will be like chief goal in the Senate was to further ‘‘the center can no longer hold; things without him. Although we have dif- the interests of New Jersey. He has are going to fall apart; the best are ferent styles, rhythms, and back- written that he once received a special lacking in conviction while the worst grounds, we formed an effective team gift, a collection of every variety of are full of passion and intensity,’’ I say which fought together for our State’s rock found in our Garden State. I, too, nonsense. There are going to be people and our Nation’s interests. think that it is the perfect gift, be- who will come to this Chamber who Throughout his life, BILL BRADLEY cause what could better symbolize a will be filled with passion, to be sure, has achieved remarkable success as a man whose commitment to New Jer- who will argue strenuously for their scholar, an athlete, an author and an sey’s interests and her people was al- positions. But I believe it is inevitable outstanding public official. And wheth- er he was helping his team to cham- ways rock solid? that they will come back to the center. His hard-working schedule would, on The center may have shifted slightly pionships at Princeton University, the occasion, take BILL to New Jersey Olympic arena, or the floor of Madison to the right. People are more conserv- twice in a single day, in order to fulfill Square Garden, or helping to pass land- ative today than they were 10 or 20 his obligations to meet with constitu- years ago. But the center has to hold. mark legislation on the floor of the ents, to help solve a problem, to deliver If the center does not hold, then you Senate, BILL BRADLEY always strives a talk to students, or to simply stay on will have stagnation. If the center does for the best. He has performed always top of the Garden State’s needs. And not hold, then you will have paralysis. as a rising star, and I know that this is his famous New Jersey beach walks, If the center does not hold, you will not his apex. which he took during every one of the have Government shutdowns. When Mr. President, in the Senate, BILL past 18 years, are symbolic of BILL’s that takes place, the level of cynicism BRADLEY concentrated on a few areas constant presence and consistent com- that currently exists will only deepen and helped to translate his own vision mitment to our State. to a point that is so dangerous that it into public policy. As a member of the BILL has written that he prefers mov- will afflict us for generations to come. Finance Committee, he continually ing to standing still, well I know that Mr. President, Alistair Cooke fought for fair tax policy, honest budg- wherever his journey takes him, his ul- summed it up for me in his wonderful eting, and economic policies that en- timate destination will be success, and book called ‘‘America.’’ In one of his hance growth. He is widely known as all of us will benefit from his efforts. chapters, he made the inevitable com- the author of the fair tax, which was To my friend, colleague, and fellow parison between the United States and the foundation of the Tax Reform Act New Jerseyan, I thank you for the con- Rome. He said that we, like Rome, of 1986. tributions you have made, and for were in danger of losing that which we BILL also knew that the single best those yet to come. I offer my wish for profess to cherish most. He said liberty economic advantage is a good edu- continued success and happiness. is the luxury of self-discipline; that cation. So he designed a new way to Mr. HEFLIN addressed the Chair. those nations who have historically help pay for college. His self-reliance The PRESIDING OFFICER. The Sen- failed to discipline themselves have loans give all students, regardless of ator from Alabama. had discipline imposed upon them by income, the chance to borrow money f others. He said America is a country in from the Federal Government. which I see the most persistent ideal- He has been a strong voice against REVISION AND EXTENSION OF ism and the greatest cynicism, and the gun violence and crime in our commu- REMARKS race is on between its vitality and its nities and a creative thinker in devel- Mr. HEFLIN. Mr. President, on decadence. He said we have—paraphras- oping opportunities for urban youth. Wednesday, September 25, 1996, notice S11484 CONGRESSIONAL RECORD — SENATE September 27, 1996 appeared in the CONGRESSIONAL RECORD and skillfully combined the national timated at some 10 hours or there- that a final issue of the CONGRESSIONAL interest with the interest of his State abouts. Needless to say, the Senate has RECORD for the 104th Congress will be through his support of Federal agricul- many very important pieces of legisla- published on October 21, 1996, in order tural programs, America’s space pro- tion that we must enact prior to the to permit Members to revise and ex- gram, and the maintenance of a first- end of the fiscal year. tend their remarks. And then that rate defense. Only in 1 year during his This objection is an obvious indica- there will be a publication of the 18 years in the Senate did he fail to tion that Members on the other side of RECORD, and that it would be available visit each of the 67 counties in his the aisle do not intend or do not want I believe on October 23. The material is State in order to do what he says he to have this significant parks bill have to be submitted to the Office of Official likes best—‘‘talk to the home folks.’’ consideration before this body. The Reporters of Debate at various times The people of Alabama, obviously, objecters have been informed, it is my but up until 3 p.m. on October 21. appreciated his work and his service. understanding, if they were to let the I ask unanimous consent that I be al- Never once did he poll less than 61 per- Senate turn to the conference report, lowed permission to revise and extend cent of the vote in any election. that I, as leader, was to immediately remarks in connection with the space I will always remember ‘‘The Judge.’’ ask unanimous consent that the con- program, national security, trade, civil I will always remember him as a ‘‘pub- ference report be recommitted back to rights, crime, agriculture, drugs, for- lic servant who served with dignity, in- the conference committee in order that eign policy, domestic policy, and other tegrity and diligence, worthy of the the conferees could address several is- related subjects including research and confidence and trust that Alabamians sues raised by the President. Con- development matters relating to my placed’’ in him. sequently, since the objection was State. And I miss him. I will miss his raised, that conference committee un- The PRESIDING OFFICER. Without folksy, southern humor. His stories of fortunately will be unable to meet and objection, it is so ordered. ‘‘Sockless Sam.’’ His depictions of address these concerns. Mr. HEFLIN. I yield the floor. friends and foes alike—in his 1990 cam- So, obviously, the will of the Mem- I suggest the absence of a quorum. paign, he did not run against a mere bers will not have been addressed, they The PRESIDING OFFICER (Mr. Republican, he ran against a ‘‘Gucci- will not have an opportunity to pro- KYL). The clerk will call the roll. shoed, Mercedes-driving, Jacuzzi-soak- ceed with that. I regret that the Senate The legislative clerk proceeded to ing, Perrier-drinking, Grey Poupon Re- Democrats feel a need to block the call the roll. publican.’’ Senate from enacting this massive om- Mr. DASCHLE. Mr. President, I ask Now the time has come. I say thank nibus parks bill, the single largest en- unanimous consent that the order for you and congratulations to Senator vironmental package we have had be- fore us that affects 41 States and in- the quorum call be rescinded. HEFLIN on a remarkable career in the The PRESIDING OFFICER. Without Senate. I wish him all the best, and to cludes 126 separate parks and public objection, it is so ordered. his wonderful wife, ‘‘Mike,’’ as they land matters. Each Member will continue to work f embark on the next phase of their with the Democratic leader. Speaking lives—their return to Tuscumbia, FAREWELL TO ‘‘THE JUDGE’’ for the leadership, Senator LOTT has which, ‘‘Mr. Alabama’’ has called ‘‘a indicated he will continue to work with Mr. DASCHLE. Mr. President, the wonderful little town to be from and time has come that, I daresay, every the Democratic Members who have ob- best little town in America to go him jections, but time is running out. So I Member in this Chamber, Republican to.’’ as well as Democrat, hoped would urge all Members to rethink this objec- I yield the floor and suggest the ab- tion, allow the conferees to address never come. With the end of the 104th sence of a quorum. Congress, we must say goodbye to ‘‘The this very important issue. The PRESIDING OFFICER. The Further, Mr. President, we are pre- Judge’’—Senator HOWELL HEFLIN. clerk will call the roll. pared—the Republicans are prepared; Since he was first elected to the Sen- The legislative clerk proceeded to ate in 1978, the senior Senator from as chairman of the Energy and Natural call the roll. Resources Committee, I am prepared; Alabama has always shown himself to Mr. MURKOWSKI. Mr. President, I our conferees are prepared—to recom- be a southern gentleman of the first ask unanimous consent that the order mit this bill to conference. We can fix order. His word is his bond; his integ- for the quorum call be rescinded. the provision which the leader referred rity and dedication to public service is The PRESIDING OFFICER (Mr. to in his statement which causes that without question; and his love of coun- DEWINE). Without objection, it is so or- small problem in the House. try and devotion for the U.S. Senate is dered. What it was, was a small tax-related apparent to all who know him. f problem. As you know, most all tax is- During his 18 years in the Senate, sues must originate in the House, so we Senator HEFLIN has been respectfully UNANIMOUS-CONSENT REQUEST— H.R. 1296 have taken that out. We have the re- called the ‘‘spokesman for Southern port here, Mr. President, ready to go, agriculture’’ for his efforts to improve Mr. MURKOWSKI. Mr. President, on 700 pages, the result of 2 years of work, the life and work of America’s farmers behalf of the leader, I ask unanimous 126 separate sections are in here, 41 and to preserve his State’s valuable ag- consent, after consultation with the States are represented in here. ricultural heritage. distinguished Democratic leader, that We have heard from the administra- He is also commonly and warmly re- we may turn to the consideration of tion, but they objected to the Utah wil- ferred to as ‘‘The Judge,’’ not only for the conference report to accompany derness. Utah wilderness was not in- his years of service as the chief justice the Presidio bill, and when the Senate cluded. They went ahead and initiated of the Alabama Supreme Court, but for turns to the consideration of the con- an action under the Antiquities Act. his efforts in State court reform, his ference report, at this time, the read- That is another story for another time. extraordinary leadership in fighting ing be dispensed with. Grazing was a major issue, more ob- crime and drug abuse, and his service The PRESIDING OFFICER. Is there jection from the administration. Graz- on both the Senate Judiciary and Eth- objection? ing is not in here. The Tongass issue in ics Committees. Dozens of times I have Mr. DASCHLE. On behalf of a num- my State to extend a contract for 15 observed my colleagues seek his advice ber of my colleagues, I object. years so we could build a new pulp mill on how to vote on legal issues. The PRESIDING OFFICER. Objec- and save 4,000 jobs, 1,000 directly in the Mr. President, I would like to add an- tion is heard. pulp mill by extending the contract. other characterization of ‘‘The Mr. MURKOWSKI. Mr. President, I That mill will never be built. The ex- Judge’’—I think of Senator HEFLIN as obviously regret hearing the objection isting mill will be shut down. We will ‘‘Mr. Alabama.’’ No Senator has more from the other side to dispense with lose our jobs. I do not know what those cherished or more ably respesented his the reading of the Presidio conference people will do. That was taken out. or her State than the senior senator report. I am informed by the clerk that Up in Minnesota, the Minnesota wil- from Alabama. He has magnificently this would take awhile. It has been es- derness lakes bill was objected to by September 27, 1996 CONGRESSIONAL RECORD — SENATE S11485 the administration. We took that out. and aiding in the education of school- States, Utah, the West. This has been We have had communication with the children? I thought this was the edu- in the process for 6 years, and we have administration. We have tried to be re- cational President. We took these up. received absolutely nothing from the sponsive. They keep changing the goal We have had hearings, 2 years of hear- Clinton administration as they try to posts. They move them back. So now ings. We set up a process. This adminis- balance some environmental objection. we are in a position where, I suppose, tration, in some of their rabbit-trail They want to balance it. I am not sure the administration has prevailed on clearance process has come up with what the President has against the some Members on the other side, and this lesson and said this is unaccept- Olympics or the people of Utah. Maybe we are down in this mire again. able. he would like to see the United States, Now, we have still, if we can clear I am saying we have an opportunity I do not know, embarrassed in the eyes those objections, an opportunity to to move this, to remove the objections. of the world by not coming through. As move this. We are ready to go, Mr. If we do not, there is another oppor- far as Utah, Alaska, Idaho, and a few President. As I have said, the work is tunity and we can put the parks pack- other States, we are ready to secede done and our committee has acted. age as passed with the objectionable from the Union. We would do better What we have is a rather curious proc- items they threatened to veto that I al- ourselves than trying to deal with a ess around here where the authorizing ready outlined, and we will put the legislative process that this adminis- committees, when we get down to the whole package in the appropriations tration has dictated. end, seem to have no voice. But the ap- bill and let it go. I pleaded with them You know, I used to think, Mr. Presi- propriations effort is now to pick a few to do that this morning. Well, they dent, because we control the House and things out of here, put them on the Ap- cannot accept all these little things. the Senate, we could perhaps get a few propriations Committee, and abandon These are the little things they cannot things done around here. It doesn’t the rest. accept now. seem to be the case. I looked at a list that came in from Coastal barrier resource system, all Section 309. Sand Hollow Exchange. the White House last night, and it is Florida issues, transfers 40 acres of de- Senators HATCH and BENNETT. Another significant, Mr. President, to see what velopment property out of 2.1 million Utah. They seem to be pointing at they want deleted. They want convey- acres of undeveloped resource area. Utah. Equal value exchange to add ance to the city of Sumpter, which au- This is what the Florida delegation and acreage to Zion National Park and al- thorizes the Secretary to convey 1.5 the Governor believes, Democratic lows additional water to flow through acres to the city of Sumpter, OR, for Governor believes, is in the best inter- the park. public purposes. They are prepared to est of their citizens. Since this Presi- His ‘‘own’’ people and the environ- veto the whole package. This is sup- dent knows better than the States and mental community have pushed this posed to be the people’s President. the elected officials what is good for exchange. I don’t know what the Presi- What in the world does he have against the people, there is certainly no longer dent has against Utah. All I can con- a place for kids to play? a need for State-level elected officials, clude is that, perhaps, as a young man, I just met with a spokesman for the if that is the case. Bill Clinton must have been pushed White House. They do not have any Section 224, conveyance to the Del down by a big kid from Utah during re- idea what is in here. They are simply Norte County unified school district, a cess. That is the best explanation I carrying the bucket. Somebody said, big issue in California and House Mem- have heard. object to that, we do not want it. That bers, transfers a small acreage to the Section 311. Land Exchange, city of is Senator HATFIELD’s will. school district for educational pur- Greely, CO, Senators CAMPBELL and Section 218, Shenandoah National poses. I guess it now takes more than a BROWN. Equal value exchange to secure Park—Senators ROBB and WARNER and village to raise a child. The title to the property needed by the city to secure Congressmen BLILEY and WOLF in the new President’s book is, ‘‘All You Real- ownership of a city’s water supply. House. It is interesting to identify who ly Need Is a President To Raise a Well, apparently, this administration is who, because there is a certain Child.’’ would like to manage the city of amount of partisanship that you can- I find this incredible, Mr. President. Greely’s water supply—having achieved not help but see as a reality. It adjusts Here we are, picking the bones, if you world peace and cured the common a 1923 boundary authorization to meet will, of this legislation to suggest that cold, they apparently are bored and today’s park boundary. The White Presidio should be lost, San Francisco need something to do. Well, sorry, Greely. House staff informs me they would Bay area should be lost, Sterling For- Section 312. Gates of the Arctic Na- have reached the same conclusion on est should be lost. That is what they tional Park and Preserve land ex- are saying. The Alaska peninsula sub- the boundary adjustment but they change and boundary adjustment. That surface consolidation, one of mine, au- needed more ‘‘process.’’ Now, when is mine, Governor Knowles, Senator they invoked the Antiquities Act, they thorizes the Secretary to exchange sub- STEVENS, and Representative YOUNG. did not need more process. They made surface holdings of a small native cor- This exchange would have led to a land grab in Utah of 1.8 million acres. poration on an equal value—equal more than a 2 million acre expansion of It does not take anything away from value—for lands and interest owned by the Gates of the Arctic National Park the park. The old map authorized the Federal Government. This will and Preserve in Alaska—in exchange 500,000 acres. If we went to that limit, complete exchanges approved earlier. for lands in Naval Petroleum Reserve- there would not be enough money in It was this provision of the bill that Alaska. the Treasury to buy all the private caused the tax problem. That was un- Since when is helping the national farms and homes that would be in the fortunate. We have taken care of it. parks a bad idea in the Clinton admin- park. From this action I can only conclude istration? The only conclusion that can The Tular conveyance, CA, big issue that the President thinks it is a good be drawn is they don’t like it because in the House, affirms that land sold by idea to have private inholdings in na- it is not their idea. I don’t know what the railroad to citizens in Tular, CA, is tional parks. We have taken that out. else. free from any title problems. That is Section 304—Olympic Committee, Kenai Natives Association land ex- section 219. They want that out. This wake up—Snow Basin land exchange—I change. This would facilitate an ex- was an attempt to bring some stability do not know whether they have simply change between the Kenai natives and and certainty to land ownership in the written off the State of Utah as they the Fish and Wildlife Service to allow town of Tular. This administration have perhaps Alaska. Senators HATCH an Alaska Native Corporation to gain does not seem to care about the town, and BENNETT, Representative HANSEN. the economic use of their land, which the folks, or their future. This allows expedited land exchange to would result from the acre-for-acre ex- Section 210, the Alpine school dis- facilitate the 2002 Winter Olympics change. trict, Senator KYL and Senator which would be an economic boom to There seems to be no rhyme or rea- MCCAIN, 30 acres of lands for a public Utah, economic boom to the West, and son in the White House position. On school facility. What in the world is an economic boom, of course, to the one hand, they don’t want to add 2 mil- wrong with supporting a school district United States as well—the United lion acres to a national park and, on S11486 CONGRESSIONAL RECORD — SENATE September 27, 1996 the other hand, they want to double ary in accordance with a new National the National Ski Association and the the acreage put into a withdrawal. Park Service management plan, dated Western States elected officials. We are Now, I know we can debate the mer- August of this year. elected officials. That is what I do not its of some of these. We did it in com- The administration is concerned understand about this process. We are mittee. But we had a committee ac- about the process. This did not seem to supposed to know something about tion, Mr. President. We had a commit- bother them when the President de- what the people want. We are supposed tee vote. We brought the package be- clared a national monument in Utah, to hold hearings. We are supposed to fore this body. You can vote up and which was created with no process. But initiate a process. We have done that in down on the package. Some members the administration’s excuse here, to es- these 126 sections of this bill. Now they said, ‘‘Senator MURKOWSKI, why do you tablish a boundary in accordance with are saying this is what is wrong. This have this big package with 126 sections new National Park Service manage- is what we want out. And we can only in it?’’ The reason we have this big ment plan, dated August of 1996. Is that speculate that the rationale is based on package is obvious: Because Demo- an administration that is concerned the conversations we have had. crats—one specific Democrat from New about the process? Come on, give us a Make no mistake about it. This is a Jersey had a hold on every single bill break. process of long deliberations. This out of our committee. There were holds Where were the administration’s ex- package is part of a process. That is planations when the land grab was put on by the Senators from Nevada, why it is so important it stay together. made of 1.8 million acres in Utah, over one or the other. That is their own We have taken again those items out the objections, and without the knowl- business. But that is why we could not that they want to initiate a veto on, edge of the process even occurring—no move these bills in the orderly process and now they have come back again. public hearings and no notification to associated with the every-day business Section 703—visitor services—would the Utah delegation. They didn’t do it, of this body. So we waited until the raise $150 million for parks to help with Mr. President, as you will recall, in end because that is all we could do, put badly needed repairs of existing park Utah. They went to Arizona and put structure. One hundred percent of new it in the package, present it before the the desk on the edge of the Grand Can- fees go back to the park. Senate, and that is where we are today. yon—a big show. The press bought it, Section 401. Cashe La Poudre Cor- I do not understand the opposition to they are gullible. They bought it hook, ridor, Senators CAMPBELL and BROWN, this. We had testimony in support of it. line, and sinker. They knew there It is simply ridiculous. The Park Serv- their number one priority. Establishes would have been a few objections. A ice needs these funds to maintain oper- corridor to interpret and protect few school kids would have said, ‘‘Hey, ations. unique and historical waterway. what about our school funding from All I can conclude from their refusal This seems like a blatant attempt to some of this land?’’ There was no pub- tear down the national parks and to support this action is they don’t lic process. I tell you, when you start blame the Congress. The national think that the Cache La Poudre de- to try to identify who is responsible for parks are over $4 billion behind on serves to be protected. I guess the peo- these things, the accountability is aw- maintenance. Here is a way to generate ple of Colorado are wrong in wanting to fully hard to find in this administra- preserve an important piece of their tion, but there are a lot of rabbit trails some relief. Section 704—Glacier Bay National history. that are easy to find. Section 405. RS2477, a western issue, Section 604. Revolutionary War, Sen- Park—raises fees to support research Senators MURKOWSKI, HATCH, BENNETT, ator JEFFORDS. That was a study to de- and natural resource protection STEVENS. Puts a moratorium on the termine if these sites warrant further through a head tax on passengers that putting new regulations in place with- protection. go into Glacier Bay. And the only way out Congressional approval. Most of the problems we have had you can get in there is the cruise ships. What in the world is the objection to with this administration is that they It is a 90-day season. It starts Memo- that? That is the democratic process. simply leap before they think. I guess rial Day and ends Labor Day. This is ‘‘just’’ moratorium language. the idea of studying the need for some- What is wrong with that? Never let it The minority and the BLM negotiated thing before doing it perhaps is a bit be said that this administration would this language with us. We were all in alien in the concepts of the White let scientific data get between them agreement. House. That has been proven time and and a political decision. Out west again. Section 406. To be again. This is very important to Sen- Section 803—feral burros and horses. eliminated is Hanford Reach Preserva- ator JEFFORDS. It is a study to deter- This is a Missouri issue; Senator tion, Senator GORTON and Congressman mine if these sites warrant further pro- ASHCROFT, and Senator BOND. HASTINGS in the House. Extends a mor- tection. Notice the trend here, Mr. President, atorium on construction of any new Section 607. Shenandoah Valley Bat- as we address the partisanship. dams or impoundments in this area. tlefield, Senators WARNER and ROBB This bill would prevent the slaughter Can we conclude from this action again. There is an election in Virginia of wild horses by the National Park that Clinton wants to start building this year, I believe. This would estab- Service. It would prevent it. Take a dams on the river? I don’t know. lish a historical area. It doesn’t make a look at it, you environmentalists out Section 502. Vancouver National His- new park. This they want stricken. there. toric Preserve, Senators GORTON and This is what the delegation wants. Section 803—feral burros and horses; MURRAY. It changes a historic site into That is why we held the hearings. That ASHCROFT, and BOND. The bill would a national park. I don’t know whether is why we had the input. That is why prevent the slaughter of horses by the Senator MURRAY and Senator GORTON we responded. Can they not be trusted, National Park Service. don’t know what their constituents their own delegation, to determine It is not bad enough that the White want, but I assume they do. what’s right for their own constitu- House has declared an open hunting Section 602, stricken. Corinth, Mis- ents? Evidently not, because the White season on people of the West. They sissippi Battlefield Act. This is Senator House wants that stricken. That is part want to shoot the horses that they rode LOTT, who has been working on it for a of their veto package. into the West on as well, it seems. It is long time. Establishes a National Park Ski Area Permits, 701. This simplifies the only conclusion I can come to. Service Civil War site in Mississippi. Is a very complex ski area fee collection Section 806—Katmai National Park there something wrong with honoring process, making collection easier, cut- Agreements. It means a lot to Con- the events associated with the Civil ting down on the administrative costs, gressman YOUNG. It authorizes the U.S. War in Mississippi? Or could it be that and it provides more funding for the Geological Service to drill scientific this is the majority leader’s State, Mis- Forest Service and other Federal agen- core samples. This is volcanic research. sissippi? cies that are collecting ski area per- In Alaska we have a pretty hot plate. Moving a little further north in the mits. It is supported by the ski indus- It blows up occasionally. It is about south, section 603. Stricken. Richmond try and supported by the ski operators. ready to do it here. We have volcanoes. National Battlefield Park, Senators As far as we knew there was not any We have earthquakes. This is volcanic WARNER and ROBB. Establishes bound- objection to it. This is supported by research authorization. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11487 What is wrong with that? Maybe Mr. of the committee felt was the right to enjoy the magnificent national park Clinton needs to live at the base of an thing. system, or are they just opposed to Re- active volcano, and he would appre- This bill, of course, gives them com- publicans getting something for their ciate the need for the advanced volcano plete control. home States? I don’t know whether research. And where do you do it? You Section 818—the Calumet Ecological this is just a partisan shot. But it sure do it where you have volcanoes. You Park—that is Senator SIMON and Sen- looks like it. don’t do it in Vermont or Washington, ator MOSELEY-BRAUN—a study to ex- Section 1036—rural electric and tele- DC. You do it out on the Alaskan pe- tend the I and M Canal National Herit- phone facilities—it authorizes the BLM ninsula. age Corridor to incorporate a large por- to waive right-of-way rental charges That is what this is all about. They tion of Chicago. for small rural electric and phone co- object. They want to veto this over I am not conversant on that. But it operatives. that. certainly sounds reasonable. Section 1037. Federal borough rec- I hope the American public would Section 819—they want stricken—ac- ognition, payment in lieu of taxes. This just be indignant for picking out quisition of certain property in Santa allows the unorganized borough in these—well, you have to judge for Cruz. Alaska to receive PILT payments. yourselves. There are goats evidently that are They are unorganized, few people living Section 811—expenditures of funds ruining the island. Provisions in this there; 60 percent of the Federal lands outside the boundary of Rocky Moun- bill would allow the National Park in Alaska are in this borough. The ad- tain National Park. Service to address the removal of the ministration did not oppose this during That is rather interesting because goats from the island and try to re- the committee action, and the lan- that again focuses in on the great store a more pristine condition. It does guage was worked out in cooperation State of Colorado—Senator CAMPBELL, not authorize the shooting of the with them. The administration sup- and Senator BROWN. goats, I might add. This portion of the ported this in committee. This is a slap It simply allows the National Park island that is not under Government in the face to my State, the rural Alas- Service to build a visitors center out- management I am told looks like cer- kans in my State, who lose out on eco- side the park, mostly with private tain areas of Afghanistan. The remain- nomic opportunity because of the mas- funds. They don’t want that. der of this island needs to be protected. sive amount of public lands in their Section 815—National Park Service Section 1021—the Black Canyon of backyards. What could possibly be the administrative reform—provides au- the Gunnison National Park. This is a reason for opposing this other than it thorities which the National Park major issue for one Senator, Senator is in a State that probably will not Service has requested for years—aid CAMPBELL. vote for the President? parks in protection of resources and It formally creates a recreation area. Alternative processing, 1038. The PRESIDING OFFICER. The Sen- provide facilities for employees; pro- Changes monument status to a park. ator’s 5 minutes under the morning vides facilities for National Park Serv- Creates a BLM conservation area. Cre- business agreement has expired. ates 22,000 acres of wilderness. Has all ice employees; provides Senate con- Mr. MURKOWSKI. Mr. President, I the four management agencies in- firmation of the National Park Service have about 3 more minutes. I wonder if Director. volved operating under one complex. I may be allowed to complete this In keeping with that theme, not only Extensive hearings; extensive support; statement. evidently does this administration— no questions about this. But it is on Mr. DORGAN. Reserving the right to the President—not trust his park em- the list for veto. object, and I shall not object, cer- ployees, now he wants them to live National Park Foundation—I believe tainly, I would like to ask if we might under substandard conditions, which a Senator LIEBERMAN, and myself—pro- lock in some time for a bill introduc- lot of them are doing. vides for the opportunity for the pri- tion following the completion of the So what we have attempted to do— vate sector to sponsor the National work by the Senator from Alaska. I this isn’t the Senator from Alaska Park Service similar to the sponsor- would like to be recognized for 12 min- doing this. This is a process that oc- ship of the Olympic games. We accept- utes; the Senator from California, Mrs. curred in our committee by the intro- ed Senator BUMPERS’ six amendments FEINSTEIN, for 12 minutes; and Senator duction of the bill, hearings held, vot- which clarify that the sanctity of our REID of Nevada, for 12 minutes. ing it out to the floor, and putting it National Park Service will be main- The PRESIDING OFFICER. Is that a into the package. That is the process. tained. Clarifies that in no way the unanimous consent request? We had a process, not like the inequi- corporate entity can overcommer- Mr. DORGAN. Yes. I make that in ties in the Utah land where there was cialize the Park Service. the form of a unanimous-consent re- no process. The national environmental commu- quest. Section 816—Mineral King—a Califor- nity is ginning up opposition against The PRESIDING OFFICER. Is there nia issue—extends summer cabin this. Well, let them come up with the objection? The Chair hears none, and it leases. I am not familiar with it—to- $4 billion that is necessary to provide is so ordered. tally discretionary by the Secretary. adequate maintenance in our parks. Mr. MURKOWSKI. I thank my col- Opposition to this provision I think They are quick to criticize. But when league. is simply ridiculous. The Park Service somebody comes up with a solution, Section 1038. Alternative processing. needs these funds to maintain oper- obviously, they criticize but they don’t This is an attempt to save the remain- ations. counter with a response. ing jobs in my State, in southeastern This seems like a blatant attempt to Mount Hood—Senator HATFIELD— Alaska in a timber area. Why doesn’t tear down the national parks and 1028—exchange between private com- the President just tell us: I want the blame the Congress, I guess. pany and Federal Government. Provi- remaining jobs to go away. I want the Mr. DORGAN. Mr. President, I won- sions already in the continuing resolu- communities to go away, or simply suf- der if the Senator will yield. tion. fer. Mr. MURKOWSKI. I would be happy Section 1029—creation of the Coquille That is what he is doing. What this to yield. But I want to finish my state- Forest—Senator HATFIELD—equal would do would be to simply transfer ment, and then I would be happy to value exchange creating a tribal forest. timber that is being used as pulp, as a yield for a question. Section 1034—Natchez National His- designation of that timber under an 8- Mineral King—I want to finish that. torical Park—creates an auxiliary area year contract that is binding to be That is a California issue—extends to the National Park Service unit, and transferred over to sawmill use so that, summer cabin leases totally discre- provides $3 million for intermodal as we lose our pulp mills, we can con- tionary by the Secretary. transportation system and a visitors tinue to have a supply under a contrac- Again, I can only assume that the center. tual commitment to our sawmills. We President does not trust his Secretary Is this administration opposed to cre- only have four sawmills, three of which of the Interior or his Park Service ating less intrusive modes of transpor- are running. The other one is not be- folks to do what, obviously, a majority tation to allow more people to be able cause they do not have enough logs. S11488 CONGRESSIONAL RECORD — SENATE September 27, 1996 So we have taken our pound of flesh lose the issues in New Jersey, Sterling and an editorial printed in the Huron on this package. We have withdrawn Forest. We will lose 126 sections of hard Daily Plainsman detailing the DME od- what we hoped the administration work that came out of the democratic yssey be printed in the RECORD. would support and that was a 15-year process simply because, by executive There being no objection, the mate- contract to allow a $200 million invest- mandate, this administration says they rial was ordered to be printed in the ment to bring our pulp mill up to envi- will not accept it. I find that uncon- RECORD, as follows: ronmental standard. They would not scionable. [From the Huron Daily Plainsman] support that. I am very pleased with the action of LAYING TRACKS FOR THE FUTURE Section 1039. Village land negotia- our leader in introducing this. I hope (By Roger Larsen) tions. This is another slap in the face we can address the concerns of the mi- Larry Pressler says 1989 marked the begin- of Alaska Native people. This provision nority, and I am willing to work with ning of what he now calls his ‘‘DM&E odys- just asks the Secretary to talk to five the minority to try to do that in the sey.’’ tiny Alaska villages that have waited time remaining. Dakota, Minnesota & Eastern Railroad of- more than 20 years for a conveyance With that, I yield the floor. I thank ficials are more direct. Without the senator’s that they were promised. This is a clas- the Chair and my friend for allowing intervention, they say, their corporation sic example of the Federal Government me to continue. I appreciate their gra- wouldn’t exist. using the old bait-and-switch routine ciousness. And South Dakota’s roads would be taking a severe pounding. on America’s native people and having Mr. DORGAN addressed the Chair. ‘‘If we weren’t here, it would probably take no intention, evidently, of making The PRESIDING OFFICER. The Sen- about 50,000 semis hauling on the state and good on the promises. ator from North Dakota is recognized U.S. highways here in South Dakota, which Section 1040. Unrecognized commu- for up to 12 minutes. would certainly cost the state a lot more nities in southeastern Alaska. That Mr. DORGAN. I did not, when I asked money in road and bridge maintenance,’’ merely let five communities in Alaska the Senator to yield, intend to discuss said Lynn Anderson, DM&E’s vice president establish as a group or urban native goats or horses, or erupting volcanoes for marketing and public affairs. corporations. It involved no land trans- for that matter. I expect there will be Looking back on their first 10 years in op- a rejoinder at some point on the floor, eration, DM&E officials say Pressler, at sub- fer. It was a Alaska Native equal rights stantial political risk, was instrumental in bill that gave these people simply an but that was not my intention. I appre- the railroad’s creation and survival. opportunity or the authority to pro- ciate the courtesy of the Senator from It hasn’t always been a smooth ride. ceed. No land transfer was associated Alaska. The short-line railroad was born out of ne- with it—another solution in which the (The remarks of Mr. DORGAN and cessity—and a sense of urgency—when the Federal Government has turned its Mrs. FEINSTEIN pertaining to the intro- Chicago & North Western Railroad an- back on Alaska Natives. duction of S. 2140 are located in today’s nounced in 1983 that it wanted to abandon 167 miles of track between Pierre and Rapid Section 1041. Gross Brothers. They RECORD under ‘‘Statements on Intro- City. served their country in uniform. They duced Bills and Joint Resolutions.’’) Pressler received an emergency phone call. lost their deed. Their country is deny- f Could he send a representative to a meeting ing them the land they homesteaded, DAKOTA, MINNESOTA, AND EAST- of shippers and others in Philip? land they lived on. He went himself. ERN RAILROAD CELEBRATES Section 1043. Credit for reconveyance. ‘‘I worked with local shippers in organizing 10TH ANNIVERSARY This would have allowed Cape Fox an abandonment protest,’’ he said. ‘‘That Corp. to transfer 320 acres of land near Mr. PRESSLER. Mr. President, this triggered a formal ICC (Interstate Commerce a hydro project back to the Forest month marks the 10th anniversary of Commission) investigation.’’ the Dakota, Minnesota, and Eastern As C&NW pushed forward with its abandon- Service. They would not have gotten ment plans, an ICC field hearing was con- any land in exchange. I do not know [DME] Railroad. The DME is South Da- ducted in September 1983. why they oppose that. We are giving kota’s only statewide railroad and op- ‘‘The ICC decision in November denied the the land back. erates more than 1,100 miles. I offer my abandonment request,’’ Pressler said. Section 1044. Radio site report. A heartfelt congratulations to the DME. The ruling by the administrative law judge study to determine if radio sites are I particularly commend the many dedi- surprised more than a few people who had be- needed. cated workers and officials who have come resigned to the situation. Section 1045. Retention and mainte- worked to make DME such a successful But the judge based his decision on ‘‘the rail service provider. All associated serious impact of the loss of rail service on nance of dams and weirs. Forces the rural and community development or the Forest Service to maintain specific with DME should be proud. lack of any viable rail or motor carrier alter- dams and weirs in the Immigrant Wil- I recall back in 1983 when I first be- natives to that service.’’ derness. came involved in a lengthy battle to ‘‘At that time, I was the only public offi- Section 1046. Matching land convey- preserve critical rail service slated for cial in the state who believed the 167-mile ance, University of Alaska. This au- abandonment. The Chicago and North- stretch could be saved,’’ Pressler said. thorization is for the Secretary of the Western was planning to abandon 167- Anderson doesn’t believe the senator is Interior to discuss—discuss, not man- miles connecting Ft. Pierre and Rapid overstating his involvement. date—a land grant with the University City. That fight ultimately lead to es- ‘‘Well, I think he was the key individual that worked to keep the railroad in place be- of Alaska, which has never received its tablishment of the DME. tween Pierre and Rapid City,’’ he said. Federal entitlement, on a matching At first, many were skeptical about ‘‘Without the things he did and the support basis with the State. DME’s prospect for success. Those he gathered, I think there’s a good likelihood Once again, this is an education same skeptics are believers today. the line would have been abandoned.’’ President striking again against edu- DME’s annual revenue and freight ton- The judge’s decision, PRESSLER said, ‘‘al- cation, and I just do not understand nage have doubled during the past 10 lowed us more time to work with C&NW to the rationale. This is the only state- years. So has its number of employees. find a long-range solution to the Pierre-to- wide university in our State. It is a And, more than $90 million has been in- Rapid-City line problem. It was the only route west for years.’’ land grant college. It has no land in the vested in main line infrastructure im- Still, C&NW remained adamant. It ap- largest State. provements during that same period. pealed the ruling to the full ICC. In February In conclusion, Mr. President, I want I am proud to have played a role both 1984, it was upheld on a tie vote. to advise my colleagues also that I in DME’s creation and its successes. I By August, the railroad again announced it have maintained that we have put this have enjoyed working closely with rail would continue its efforts to abandon the package in the most responsible form. shippers and DME to advance this crit- track. It is ready to go. If it does not go, if it ical transportation service. I remain ‘‘C&NW made it clear that there was no in- does not go in the package, it is not committed to doing all I can to pro- terest in compromise,’’ PRESSLER said. ‘‘They wanted to get rid of it. Early at- going to go. We will have to come back mote adequate and effective rail serv- tempts to come up with a long-term solution and start the process all over again. We ice for our State. seemed to fall on deaf ears.’’ will lose Presidio. We will lose the San Mr. President, I ask unanimous con- Eyebrows were raised in January 1985 when Francisco Bay area cleanup. We will sent that an article by Roger Larson C&NW extended its abandonment plans all September 27, 1996 CONGRESSIONAL RECORD — SENATE S11489 the way to Wolsey, pushing the total to 273 C&NW to reroute that traffic coming across low citizens in Puerto Rico, who have miles. The Aberdeen to Oakes line in north- South Dakota in lieu of Nebraska.’’ been greatly affected by our recent ac- eastern South Dakota was also being consid- And then C&NW decided to abandon the tion to eliminate economic develop- ered for abandonment. Nebraska line. ment incentives under section 936 of C&NW declined invitations to negotiate. ‘‘The reverse could have happened,’’ Ander- The future of the rail lines looked bleak. son said. the Internal Revenue Code without A breakthrough came when PRESSLER in- Ten years ago, one of the first repainted providing them with an alternative tervened in a proposed sale of Conrail to the C&NW locomotives was named the ‘‘Larry program. I understand the need to curb Norfolk Southern Railroad, a merger that Pressler.’’ Since then, locomotives have car- excessive corporate tax benefits in C&NW claimed would cost it $60 million a ried the names of cities along DM&E’s serv- order to get our Nation’s fiscal house year in traffic diversions. ice area. in order. However, in accomplishing In return, C&NW approached the negotiat- The railroad also honored him by naming a this, we must not ignore the needs of ing table with a commitment to find a poten- Rapid City intersection ‘‘Pressler Junction.’’ the people of Puerto Rico. The 3.7 mil- tial buyer of its South Dakota track. Pressler admits he was like a kid in a candy lion American citizens of Puerto Rico And in dramatic fashion, those along the store on a particularly memorable trip back deserve the opportunity to become eco- track provided a huge show of support. home. ‘‘C&NW joined me in a day-long working ‘‘They let me drive a locomotive a little nomically solvent and self-sufficient. train trip in May 1985.’’ PRESSLER said. ‘‘We bit once,’’ he said. We must work hand in hand with them rode in a rail car between Rapid City and to develop a sound economic develop- Pierre. Twelve hundred people turned out DM&E KEEPS S.D. ON THE RIGHT TRACK ment program that helps achieve those along the way to express their support for In the middle of the night, a train whistle goals. Modifications, improvements or continued service. That really helped turn carries a mournful, lonely sound on the prai- alternatives such as a wage credit have things around with C&NW officials.’’ rie air. been suggested for Puerto Rico. All of For the first time, the shortline or re- As homesteaders pushed westward in the these options deserve serious consider- gional railroad concept was introduced. 19th century, the advent of trains signaled And that trip across South Dakota’s prai- ation, but above all we must not allow hope and opportunity in the uncertain vast- rie seemed to have a calming effect on the the economy of Puerto Rico to be dev- ness of Dakota Territory. players. astated by inaction or the wrong ac- Today, they continue to represent a kind ‘‘It coalesced everyone,’’ PRESSLER said. tion by Congress. Although I shall not ‘‘It was the first time all sides sat down and of comforting stability. be returning for the 105th Congress, I discussed the issue with the uniform goal to They have become as familiar to the land- scape as rolling grasslands and an endless urge my colleagues to give prompt at- make the line work. Everyone agreed it tention to this issue early next year. would take some give and take.’’ horizon. But trains in much of west and f At a rail conference in September 1985, central South Dakota were nearly derailed C&NW outlined a divestiture proposal which by a corporate stroke of the pen a decade ago. AMERICA, WHO STOLE THE led to the birth of the DM&E Railroad. DREAM? A year later, the new railroad’s loco- Chicago & North Western Railroad wanted motives were pulling cars full of grain, lum- to abandon its deteriorating track between Mr. HOLLINGS. Mr. President, lost ber, wood chips, bentonite clay and cement. Rapid City and Wolsey. It talked about walk- in the rhetorical haze generated by This summer, 100 miles of deteriorated ing away from its line between Aberdeen and pollster politics is a serious discussion track between Wessington and Pierre has Oakes, N.D., as well. of the principle challenge facing this been upgraded with new, 115-pound rail. This In historic fashion, shippers circled their Nation, that is, how can we arrest the $20 million project is being financed by a wagons and waited for reinforcements. And, as their forefathers had done with other ter- decline in wages and living standards bond issue the railroad will repay over 20 and restore the American Dream. In- years with no state dollars. ritorial disputes, they pushed for a reason- The project is two months ahead of sched- able solution. stead of addressing this fundamental ule. Crews are in the stretch run, laying new Into the mix came Sen. Larry Pressler, R– issue, what currently passes for politi- track between Blunt and Pierre. S.D., who rightfully used his political stand- cal discourse is a mindless discussion In May, DM&E added 203 miles to its sys- ing in Washington to force field hearings. in which each candidate stands up and tem when it purchased the ‘‘Colony Line’’ In the end, it came down to a little give- proudly proclaims that he or she is for from the Union Pacific Railroad. and-take. C&NW’s back was scratched when the family and he or she is against The line connects with the DM&E at Rapid a railroad merger elsewhere in the country— which could have hurt its bottom line—was crime. What neither party wants to ad- City and extends north to Bentonite near dress is the immutable connection be- Colony, Wyo., and south to Crawford and opposed by Pressler. In return, the boys in Chadron, Neb., where it links with Bur- the C&NW boardroom agreed to find a buyer tween two decades of economic stagna- lington Northern Santa Fe and Nebkota for the track it wanted to abandon in South tion and dislocation, and the break- Railway. Dakota. down of families and the destruction of ‘‘We are looking forward to a smooth tran- Thus, the birth of Dakota, Minnesota & communities. sition’’ DM&E president J.C. ‘‘Pete’’ McIn- Eastern Railroad. In the past decade over 2 million high tyre said when the sale was announced. DM&E has been a good corporate neighbor paying jobs in manufacturing have dis- The railroad purchased 12 more loco- in its first 10 years. It has proven it can han- appeared. The social fabric of hundreds motives and hired 50 employees, increasing dle the needs of shippers, farmers and other of communities have been ripped apart. customers up and down its 900-mile line. the workforce to more than 300. Those who have jobs are working ‘‘These are good-paying jobs and benefits,’’ And it’s doing something else that’s cer- Pressler said. tainly long overdue. longer and harder for less compensa- Also, the railroad announced it is spending It’s putting its money—and longterm via- tion. Isn’t it more than a coincidence more than $32 million for 625 new freight bility—where its mouth is. that the breakdown in the family and cars, including 325 covered hoppers to haul With the current track upgrade between the collapse of our inner cities would cement from South Dakota Cement Plant at Wolsey and Pierre nearly complete, DM&E coincide with an unprecedented era of Rapid City. has invested some $90 million in infrastruc- economic insecurity? Once the land of Others—such as grain elevators along the ture. Millions more dollars have been com- opportunity, America now has the rail line—have made major improvements as mitted to purchase hundreds of new rail cars. worst distribution of income in the in- Trains have had a romantic, endearing well. dustrialized world. It’s obvious to Anderson that had C&NW quality in this part of the country for well been successful in its abandonment efforts, over a century. Fortunately, the Philadelphia In- the line wouldn’t have been rebuilt. For those who truly care about the future, quirer has filled this void. In a pene- ‘‘Business would have gone over to the Ne- their whistles will continue to beckon with trating 10 part series, the Pulitzer braska line,’’ he said. faith and anticipation. Prize winning team of Donald Barlett But because it didn’t—and rail traffic now f and James Steele have put a human travels in South Dakota—it means long-term face on the devastation wrought by our economic development for the state, he said. ECONOMIC NEEDS OF PUERTO failed trade policy. From our unwill- ‘‘The C&NW had rerouted traffic out of the RICO ingness to enforce our trade laws to the Black Hills to Nebraska,’’ he said. ‘‘When Mr. JOHNSTON. Mr. President, since sorrid spectacle of former U.S. officials they failed to abandon the line from Rapid City to Pierre, they decided to sell it. 1973, my first year in the Senate, I have lining up to represent foreign interests, ‘‘After we began operations, and began up- spent a great deal of time and energy Bartlett and Steele correctly identify grading the line and showed the ability to on issues affecting Puerto Rico. I rise the root causes of our economic de- handle the carload business, we convinced today to voice my concern for our fel- cline. S11490 CONGRESSIONAL RECORD — SENATE September 27, 1996 The strength of Barlett and Steele’s mined many of the dubious assertions tions and significant overall reductions piece is epitomized by the vicious at- about trade. Assertions that for dec- within specified timeframes, such as tacks that have been leveled at this ades have been unquestionably accept- 2005, 2010, 2020.’’ prize-winning team. Barlett and Steele ed. In plain English this means that any have drawn fire from the same crowd I urge my colleagues to read this se- new treaty commitments regarding who have for decades produced the ries, and I hope it will stimulate a greenhouse gas emissions will set forth same mindless, conventional wisdom much needed debate on the most seri- legally binding emission levels that that equates unilateral free trade with ous issue facing this Nation. must be met by industrialized coun- economic growth. These are the same f tries only. The U.S. position turns people, whose wild assertions about basic principles of sound economic pol- GLOBAL CLIMATE CHANGE NAFTA and GATT, were utterly false. icy on its head since it directs industri- During the NAFTA debate the pur- Mr. HELMS. Mr. President, Senator alized countries to subsidize developing veyors of conventional wisdom anoint- Sam J. Ervin, Jr., the distinguished countries by polluting less while incur- ed Carlos Salinas as the man of the former Senator from North Carolina, ring higher costs so that developing decade, valiantly reforming the politi- often said that the United States had countries can pollute more without in- cal system and transforming Mexico never lost a war nor won a treaty. curring costs. into a first world economy. NAFTA Well, during the summer, the Clinton Some of our allies recognize the seri- was supposed to usher in a golden era administration quietly set the wheels ous flaws in the current negotiations. for U.S. exports to Mexico creating in motion in Geneva for yet another According to the findings of an Aus- thousands of new high wage jobs. Two disastrous treaty for the United States. tralian Government study entitled years later we have recorded $23.2 bil- During July meetings, Tim Wirth, ‘‘Global Climate Change: Economic Di- lion worth of trade deficits with Mex- Undersecretary of State for Global Af- mensions of a Cooperative Inter- ico. The Mexican economy collapsed fairs, committed the United States to national Policy Response Beyond 2000,’’ into a depression and the man of the the negotiation of a binding legal in- the treaty will not even achieve the de- year, Carlos Salinas, is living in forced strument with the stated goal of reduc- sired environmental effect. The study exile while the extent of his adminis- ing global greenhouse gas emissions. finds that stabilizing carbon dioxide tration’s corruption is documented in Many experts agree that the premise emissions of developed countries only the pages of the New York Times and for this new treaty, which excludes de- at 1990 levels during the period from the Wall Street Journal. NAFTA was veloping countries from enforcing the the years 2000 to 2020 ‘‘would lead to supposed to create a North American commitments to reduce emissions, minimal reductions in global emissions Free Trade Block to compete against makes its goal simply unachievable. and would have higher costs for most Europe and Asia. Instead, Asian invest- Developing nations such as China will countries than alternative abatement ment has poured into Mexico. A recent be the largest source of new greenhouse strategies.’’ According to the Aus- article in the Nikkei Weekly, specifi- gas emissions in the post 2000 period, tralian study, despite the additional cally cites Mexico’s low wages and yet will be exempt from any new re- costs, there will be no substantial re- NAFTA’s duty-free access as the rea- strictions. duction in the growth of global emis- son why Asian investors are flocking to The United States currently is party sions because of the continued growth Mexico. to the U.N. Convention on Global Cli- in the rest of world emissions. Mr. President, the same group that mate Change, signed at Rio in 1992 and Mr. President, even the elements attacks Barlett and Steeles’ objectiv- ratified by the Senate in 1993. Under that would provide some leveling of the ity, never once, during the debate on that treaty the member countries are playing field are nonexistent in the the GATT, questioned blatantly false divided into industrialized countries, Ministerial Declaration that was ap- assertions made about the efficacy of termed ‘‘Annex I countries,’’ and devel- proved by the parties in Geneva. For section 301, or the GATT Rounds’ im- oping countries, termed ‘‘non-Annex I example, the document makes no ref- pact on the U.S. economy. countries,’’ for purposes of determining erence to Joint Implementation [JI], a While we were assured that the Unit- treaty commitments. The treaty tasks practice by which a country’s emis- ed States maintained its rights to use Annex I Parties to reduce greenhouse sions abatement costs can be spread section 301, Japan’s Minister of Trade gas emissions to 1990 levels by the year across national borders. Under JI, a na- and Industry boldly proclaimed that, 2000. tion with relatively high marginal ‘‘the era of bilateralism is over, all dis- In March of 1995, the parties to the abatement costs can offset costs putes will be settled by the WTO.’’ U.N. Convention laid the framework through involvement with projects in In the year since the GATT/WTO has for the current negotiations when they countries with relatively low emissions taken effect, our trade deficit has con- met in Berlin, Germany, and agreed to reduction costs. If countries were truly tinued to soar at a record pace. Trade the so-called Berlin mandate. The Ber- serious about decreasing the level of has become a net drag on the economy, lin mandate states that the parties to global emissions this plan would pro- robbing the United States of close to 1 the Convention would address this vide a global solution to the problem percent of growth as imports consist- global problem post 2000 without bind- and bring economic benefits to the ently out-pace exports. Most pernicious ing any of the non-Annex I parties to lower cost country in the form of for- were the claims made by the members new commitments. By agreeing to this eign investment. These are clearly not of the Alliance for GATT Now. Claims disastrous concession—after making the goals of the parties advancing this of export booms that would lead to in- assurances to Congress that they would doomed policy. creases in employment. The reality is not do so, I might add—the means for According to a study by the General that 250 companies are responsible for addressing the issue as a global prob- Accounting Office that I requested, 85 percent of U.S. exports. These same lem were removed from the table. during the period from 1993 to 1995, companies have been among the largest Mr. President, as things often hap- Federal agencies of the United States downsizers in the American economy. pen, the flawed Berlin mandate became have spent almost $700 million on glob- Pink slips rained down on workers at the building block for the latest round al climate change related spending. AT&T, IBM, and General Electric. Ac- of concessions made by Tim Wirth in This is more than 70 percent of the cording to an executive vice president Geneva. There, parties approved a Min- total spending by the United States to at General Electric, ‘‘We did a lot of vi- isterial Declaration which—in ‘‘U.N. advance major international environ- olence to the expectations of the Amer- speak’’—directs Annex I parties to ‘‘in- mental treaties. Despite the heavy re- ican worker.’’ struct their representatives to acceler- sources being pumped into this Conven- How can those who have consistently ate negotiations on the text of a le- tion by the Clinton administration, been wrong about trade now turn gally-binding protocol of another legal Congress has yet to be provided a full around and question Barlett and instrument.’’ The Declaration directs economic analysis of the costs of the Steele? that the commitments of Annex I par- proposed protocol to the original trea- Mr. President, this provocative series ties will include ‘‘quantified legally- ty. Nor has the administration been in the Philadelphia Inquirer has under- binding objectives for emission limita- forthcoming in its own proposals for September 27, 1996 CONGRESSIONAL RECORD — SENATE S11491 the new Protocol. Instead, a shell game provisions of the Terrorism Act would Finally, under the conference report, is being played out in which the sub- not have provided adequate protection there would be judicial review of the stance of the new protocol will be laid to asylum claimants, who may arrive process of implementation, which on the table in December, after U.S. in the United States with no docu- would cover the constitutionality and elections. ments or with false documents that statutory compliance of regulations During hearings last week in the were needed to exit a country of perse- and written policy directives and pro- Senate Energy Committee, the able cution. cedures. It was very important to me Senator from Alaska, FRANK MURKOW- Under the revised provisions, aliens that there be judicial review of the im- SKI, raised serious questions about the coming into the United States without plementation of these provisions. Al- administration’s support of the current proper documentation who claim asy- though review should be expedited, the negotiations underway at the United lum would undergo a screening process INS and the Department of Justice Nations, particularly the possibility of to determine if they have a credible should not be insulated from review. a carbon tax. I can assure you that for fear of persecution. If they do, they With respect to the summary exclu- so long as I am chairman of the For- will be referred to the usual asylum sion provisions, let me remind my col- eign Relations Committee any inter- process. While I supported the Leahy- leagues that I supported the Leahy- national legal instrument agreed to by DeWine amendment that was included DeWine amendment on the Senate this administration must not and in the Senate bill and that passed the floor, which passed by a vote of 51 to should not put the U.S. economy at a Senate 51 to 49, the conference report 49. The compromise included in the competitive disadvantage to other represents a compromise. conference report is exactly that: a The conference report provisions countries. Most importantly, the trea- compromise. I support the compromise apply to incoming aliens and to those ty should actually achieve the purpose because I believe it will provide ade- who entered without inspection, so- quate protections to legitimate asylum for which it is negotiated. Any treaty called EWI’s but have not been present claimants who arrive in the United that comes before the Senate for ratifi- in this country for 2 years. Although States. If it does not, let me say that I cation must ensure that U.S. busi- the Senate provisions applied only in will remain committed to revisiting nesses will remain competitive and extraordinary migration situations, this issue to ensure that we continue to U.S. jobs will be protected. House Members felt very strongly provide adequate protection to those f about applying these procedures across fleeing persecution. HONORING THE PETERS ON THEIR the board. I think that, with adequate I would also like to comment briefly 50TH WEDDING ANNIVERSARY safeguards, the screening procedures on one of the more significant changes can be applied more broadly. If any to the full asylum process that are con- Mr. ASHCROFT. Mr. President, fami- problems with these provisions arise in tained in the conference report. The lies are the cornerstone of America. their implementation, however, and Conference Report includes a 1-year The data are undeniable: Individuals they do not seem to offer adequate pro- time limit, from the time of entering from strong families contribute to the tections, I am willing to consider the United States, on filing applica- society. In an era when nearly half of changes to them. tions for asylum. There are exceptions all couples married today will see their The credible fear standard applied at for changed circumstances that materi- union dissolve into divorce, I believe it the screening stage would be whether, ally effect an applicant’s eligibility for is both instructive and important to taking into account the alien’s credi- asylum, and for extraordinary cir- honor those who have taken the com- bility, there is a significant possibility cumstances that relate to the delay in mitment of ‘‘till death us do part’’ seri- that the alien would be eligible for asy- filing the application. ously, demonstrating successfully the lum. The Senate bill had provided for a Although I supported the Senate pro- timeless principles of love, honor, and determination of whether the asylum visions, which had established a 1-year fidelity. These characteristics make claim was ‘‘manifestly unfounded,’’ time limit only on defensive claims of our country strong. while the House bill applied a ‘‘signifi- asylum and with a good-cause excep- For these important reasons, I rise cant possibility’’ standard coupled with tion, I believe that the way in which today to honor Jack and Irene Peters an inquiry into whether there was a the time limit was rewritten in the of Joplin, MO, who on October 12, 1996, substantial likelihood that the alien’s conference report—with the two excep- will celebrate their 50th wedding anni- statements were true. The conference tions specified—will provide adequate versary. My wife, Janet, and I look for- report struck a compromise by reject- protections to those with legitimate ward to the day we can celebrate a ing the higher standard of credibility claims of asylum. similar milestone. Jack and Irene’s included in the House bill. The stand- In fact, most of the circumstances commitment to the principles and val- ard adopted in the conference report is covered by the Senate’s good-cause ex- ues of their marriage deserves to be sa- intended to be a low screening standard ception will be covered either by the luted and recognized. for admission into the usual full asy- changed circumstances exception or f lum process. the extraordinary circumstances ex- ASYLUM AND SUMMARY Under the conference report, screen- ception. The first exception is intended EXCLUSION PROVISIONS ing would be done by fully-trained asy- to deal with circumstances that lum officers supervised by officers who changed after the applicant entered the Mr. HATCH. Mr. President, I would have not only had comparable training United States and that are relevant to like to comment briefly on the asylum- but have also had substantial experi- the applicant’s eligibility for asylum. related provisions of H.R. 2202, the Ille- ence adjudicating asylum applications. For example, the changed cir- gal Immigration Reform and Immi- This should prevent the potential that cumstances provision will deal with grant Responsibility Act of 1996. The was in the terrorism bill provisions for situations like those in which an agreements we reached with the House erroneous decisions by lower level im- alien’s home government may have in the conference report involved a migration officials at points of entry. I stepped up its persecution of people of number of compromises on provisions feel very strongly that the appropriate, the applicant’s religious faith or politi- involving the asylum system. I worked fully trained asylum officers conduct cal beliefs, where the applicant may very hard in conference to modify the the screening in the summary exclu- have become aware through reports House provisions, and I think we ar- sion process. from home or the news media just how rived at workable compromises that Under the new procedures, there dangerous it would be for the alien to will be fair in practice. would be a review of adverse decisions return home, and that sort of situa- The conference report’s provisions on within 7 days by a telephonic, video or tion. summary exclusion, also referred to as in-person hearing before an immigra- As for the second exception, that re- expedited exclusion, significantly re- tion judge. I believe the immigration lates to bona fide reasons excusing the vise the summary exclusion provisions judges will provide independent review alien’s failure to meet the 1-year dead- of the Terrorism Act, which apply to that will serve as an important though line. Extraordinary circumstances ex- those excludable based on document expedited check on the initial decisions cusing the delay could include, for in- fraud or the absence of documents. The of asylum officers. stance, physical or mental disability, S11492 CONGRESSIONAL RECORD — SENATE September 27, 1996 efforts to seek asylum that were ‘‘We had correctional officers who were During the consideration of this bill, thwarted due to technical defects or er- afraid to do their jobs,’’ said D.C. Correc- I repeat, I offered an amendment to ex- rors for which the alien was not re- tions Director Margaret A. Moore . . .. empt prisoners from coverage of the sponsible, or other extenuating cir- * * * * * act. It failed. I feared then, and I fear cumstances. ‘‘This case is not an indictment of the even more now, these special protec- Once again, if the time limit and its Moorish Science Temple’’. . .. ‘‘It is an in- tions will be abused, would be abused, exceptions do not provide adequate dictment of individuals who exploited a reli- have been abused, and will continue to protection to those with legitimate gious exemption to smuggle drugs.’’ be abused by these inmates. I say re- claims of asylum, I will remain com- I was very happy that one of the grettably that my amendment was de- mitted to revisiting this issue in a leaders of this religion said, and is feated because it is now apparent that later Congress. quoted in the paper, a man by the inmates are in fact abusing the special Mr. DORGAN. Mr. President, I sug- name of Harvin-Bey: rights provided under this act. gest the absence of a quorum. ‘‘We don’t condone anything like that, and I have worked with Senator HATCH, The PRESIDING OFFICER (Mr. if they are members [of the Moorish Science chairman of the Judiciary Committee, Temple], then justice should take its DEWINE). The clerk will call the roll. course’’. . . . ‘‘It’s sad that anyone would and I appreciate his efforts, his good The assistant legislative clerk pro- misuse any religious organization. That’s will, in working to solve some of the ceeded to call the roll. not what our teachings promote.’’ problems that I see existing. He worked Mr. REID. Mr. President, I ask unan- Skipping on: with me very hard earlier in this Con- imous consent that the order for the gress to pass the Prisoner Litigation quorum call be rescinded. Federal prosecutors and prison officials said they had suspected for several years Reform Act. That is the one, you will The PRESIDING OFFICER. Without that illegal activities were occurring during recall, Mr. President, where prisoners objection, it is so ordered. some religious services. Outsiders seeking to were suing over whether they had to attend religious services in the complex only eat chunky or smooth peanut butter, f had to fill out a card, and prison officials did or they were suing over how many not verify whether they were church mem- times they could get their underwear ABUSE IN PRISONS OF THE RELI- bers. . . . changed or whether they were entitled GIOUS FREEDOM RESTORATION In addition . . . such visitors received nu- to wear lady’s underwear in a men’s ACT merous exemptions from standard security procedures at the District’s 6,000-inmate prison, some of these very weighty, Mr. REID. Mr. President, in this prison complex [located] in southern Fairfax substantive issues that they were wast- morning’s Washington Post news- County. ing the court’s time on. In Nevada, 40 paper—and newspapers all over the Mr. President, the sad part about it, percent of the Federal courts’ time is United States have headlines that are this was not uncovered by some great wasted on this senseless litigation. So I comparable to the headline in the work done by the prison itself. There appreciate Senator HATCH working Washington Post—‘‘Ring Used Religion was an inmate who participated in tak- with me on that legislation. as Cover To Sneak Drugs Into Lorton.’’ ing pictures of people having sex dur- But I say that Senator HATCH told Lorton is a Federal penitentiary in ing the religious service, and he passed me that if there is a problem with this this area. This was on the front page of these on to the authorities. That is the prison litigation, prison abuse with the the Washington Post. only way. They had somebody who Religious Freedom Restoration Act, he Mr. President, I wish I were not here thought, for what was going on there, would work with me. We need some today to say, ‘‘I told you so,’’ but I am that that was a little much. work done on this. We need to stop this here today saying, ‘‘I told you so.’’ They would never have uncovered foolishness. Why we would allow any- When the Religious Freedom Restora- this. They would have continued to let thing like this to take place—people tion Act came up for a vote, I offered these activities—cocaine. whose civil rights have been taken an amendment to exclude religion in from them basically who have commit- prisons from the confines of that act. It Posing as a drug seller in the maximum-se- curity unit, the inmate received drugs ted so many crimes that they are in was a very close vote in this body. It brought in by mostly female visitors, many prison—and we are saying that they was defeated. People said, ‘‘Don’t in dresses of the type often worn by Islamic have the right to do anything they worry about it. It won’t cause any women. want regarding religion. problems.’’ * * * * * That is indicated in this newspaper From the day the Religious Freedom . . . Bell and Cook [these two individuals] article. We are not going to check who Restoration Act passed, it caused prob- allegedly brought in three women to a sched- comes into the religious services. We lems in prison. This article says a num- uled religious service in a conference room are not going to check to see what they ber of interesting things. Among that was being used as a makeshift chapel. bring in. We are not going to check to Prison officials earlier had intercepted a which: see who they bring in or check to see A drug ring posing as a church group smug- phone call between Bell and an inmate mak- ing plans to bring in the women. . .. what they do when they are having gled cocaine and prostitutes into the Lorton these so-called services. Mr. President, Correctional Complex and filmed a porno- For about 10 minutes, an inmate using a graphic video in the prison chapel, with a smuggled video camera recorded sex acts be- I think today’s article in the Washing- law protecting religious freedom to avoid tween the women and the inmates. ... ton Post and the one that is appearing scrutiny by guards. . . * * * * * all over the country indicates why we Posing as members of the Moorish Science Moore said prisons nationally are experi- need to do more. Temple— encing problems— I repeat again, to spread all over this Mr. President, I have nothing to say Moore is the prison official talking. RECORD, I appreciate very much what bad about this religion. It could have Moore said prisons nationally are experi- the chairman of the full committee has been any religion. They happen to be encing problems with the 1993 Religious done to work with me on some of these using this religion as a front for their Freedom and Restoration Act, saying it lim- problems I have. This is an important criminal and basically immoral activi- its the ability of prison officials to restrict issue that we need to review as soon as ties. religious activities among inmates. we get back next year. I will pursue Posing as members of the Moorish Science I repeat, I did not want to come here this problem. This is a problem the at- Temple, a religion popular in jails, the group and say, ‘‘I told you so,’’ but I have to. torney generals all over the United exploited what officials called a gaping loop- I come here and say, I warned every- States recognize as a problem—frivo- hole in Lorton’s security. one. I warned the U.S. Senate that this lous litigation—and now we have these Because of a 1993 federal law protecting re- would happen. This is a problem of in- problems that are raised by the Reli- ligious freedom of prisoners, members were mates abusing the special protections gious Restoration Freedom Act. We allowed to have private visits with inmates at virtually any hour and were subjected to provided under the Religious Freedom need to do more. I intend to do what I only minimal searches, officials said. The Restoration Act. The special protec- can with the U.S. Attorney General so members also routinely intimidated guards tion should not be there. Prisons that she appreciates the growing litiga- by threatening to sue them, they said. should be exempted. tion they face in this area. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11493 She has not been strong on this issue All of the defendants were charged with co- The PRESIDING OFFICER. Without in the past, and I think that is not ap- caine distribution offenses, and two—Na- objection, it is so ordered. propriate. I think she should be the thaniel Pleasant Bell and Karima Cook, both Mr. DASCHLE. Mr. President, I wish of Baltimore—also were charged with trans- to make a couple of statements this leader in this issue to make the prisons porting women across state lines for pros- prisons and not places to allow stuff titution. afternoon in regard to our departing like this to take place. Criminals do Federal prosecutors and prison officials colleagues. Let me begin by talking not enjoy the same rights and privi- said they had suspected for several years about a fellow South Dakotan. leges as do law-abiding citizens. But, that illegal activities were occurring during f according to what we see in the papers some religious services. Outsiders seeking to SENATOR EXON’S RETIREMENT today, they have more privileges, not attend religious services in the complex had only to fill out a card, and prison officials less. The sooner we recognize that Mr. DASCHLE. The Senate and the did not verify whether they were church American people will greatly regret criminals do not enjoy the same rights members, Moore said. and privileges as law-abiding citizens, In addition, according to papers filed yes- the absence of Senator EXON from this the better off we will be. terday in U.S. District Court in Alexandria, Chamber upon his retirement at the I ask unanimous consent to have the such visitors received numerous exemptions end of Congress. I cannot think of any- Washington Post article printed in the from standard security procedures at the one in this body who reflects the con- District’s 6,000 inmate prison complex in RECORD. cerns of America’s heartland and the southern Fairfax County. commonsense approach to problems so There being no objection, the mate- In January, officials said, a cooperative in- rial was ordered to be printed in the mate gave investigators vital access to the prevalent in that part of the country RECORD, as follows: drug ring. better than the senior Senator from [From the Washington Post] Posing as a drug seller in the maximum-se- Nebraska. I am very pleased to have curity unit, the inmate received drugs been able to call him a friend now for RING USED RELIGION AS COVER TO SNEAK brought in by mostly female visitors, many DRUGS INTO LORTON a long, long time. in dresses of the type often worn by Islamic I have always felt a special bond with (By Charles W. Hall) women. The drugs were supplied by an un- Senator EXON because he, too, was born A drug ring posing as a church group smug- dercover officer posing as a drug seller out- gled cocaine and prostitutes into the Lorton side the complex. and raised in South Dakota. His par- Correctional Complex and filmed a porno- Because all of the cocaine ultimately was ents were active in the South Dakota graphic video in the prison chapel, using a routed to the cooperating inmate, none actu- Democratic Party. I do not know if law protecting religious freedom to avoid ally reached the general inmate population, that accounts for his outstanding ca- scrutiny by guards, officials said yesterday prosecutors said. reer in the Senate, but I know it did as they announced more than 30 arrests. On Jan. 23, Bell and Cook allegedly not hurt. brought in three women to a scheduled reli- Posing as members of the Moorish Science Senator EXON has given a lifetime of Temple, a religion populated in jails and gious service in a conference room that was being used as a makeshift chapel. Prison of- public service. He served in the Army prisons, the group exploited what officials in World War II and afterward became called a gaping loophole in Lorton’s security. ficials earlier had intercepted a phone call Because of a 1993 federal law protecting re- between Bell and an inmate making plans to a successful businessman and proud fa- ligious freedom of prisoners, members were bring in the women, authorities said. ther of three. In the 1970’s, he was allowed to have private visits with inmates For about 10 minutes, an inmate using a elected twice as Governor of Nebraska, at virtually any hour and were subjected to smuggled video camera recorded sex acts be- serving longer than any other person in only minimal searches, officials said. The tween the women and the inmates, according to Timothy J. Shea, an assistant U.S. attor- the State’s history. He was elected members also routinely intimidated guards ney who helped supervise the investigation. three times to the U.S. Senate, and by threatening to sue them, they said. through his hard work and dedication, ‘‘We had correctional officers who were The informant later was able to obtain a afraid to do their jobs,’’ said D.C. Correc- copy of the video inside Lorton. he has earned the affection and the Moore said the prison temporarily will tions Director Margaret A. Moore, who an- trust of the people of Nebraska who issue no new passes to visitors who say they nounced several measures to tighten control know him best. represent religious groups and will subject of prison visits at a news conference in Alex- Reflecting his rural upbringing, JIM all current volunteers to criminal back- andria. ground checks. In addition, she said, guards EXON, without a doubt, is one of the U.S. Attorney Helen F. Fahey said she will be ordered to constantly monitor serv- most knowledgeable Members of this hoped the arrests will warn visitors not to ices through observation windows and peri- body on agricultural issues. As a Gov- smuggle drugs into Lorton. She emphasized odically walk through rooms where services ernor and certainly as a Senator, he that the crackdown was not intended as an are taking place. has always had his hand on the pulse of attack on any religious group. Moore said prisons nationally are experi- rural America. I have turned to him on ‘‘This case is not an indictment of the encing problems with the 1993 Religious Moorish Science Temple,’’ Fahey said. ‘‘It is numerous occasions for advice and Freedom and Restoration Act, saying it lim- counsel, and will not hesitate to pick an indictment of individuals who exploited a its the ability of prison officials to restrict religious exemption to smuggle drugs.’’ religious activities among inmates. up the phone in the future on these A. Harvin-Bey, grand sheik of Moorish Todd Craig, a U.S. Bureau of Prisons same issues. Science Temple No. 74 in the District, con- spokesman, said representatives of religions JIM EXON is also well-known for his demned those involved in the alleged crimes who visit federal prisons already go through command of budgetary issues. By the at Lorton. criminal background checks and receive ex- time he came to the Senate, Senator ‘‘We don’t condone anything like that, and tensive training on rules. EXON had already established a proven if they are members [of the Moorish Science Jonathan Smith, executive director of the Temple], then justice should take its D.C. Prisoners Legal Services Project, said record of fiscal responsibility. As Gov- course,’’ Harvin-Bey said. ‘‘It’s sad that any- that he would closely review any restrictions ernor of Nebraska, he balanced that one would misuse any religious organization. on religious worship but that he probably State’s books time and again. There- That’s not what our teachings promote.’’ would not oppose reasonable security meas- fore, when he assumed his Senate du- Harvin-Bey said the religion has attracted ures. ties and a seat on the Budget Commit- millions of worshipers across the country. ‘‘Religious activities in prisons are one of tee, he did not enter the Nation’s budg- There are about 10 temples in the Washing- the most valuable tools available for an in- ton area, he said. The religion, which is open et battles unprepared or unarmed. mate’s rehabilitation,’’ Smith said. ‘‘If they After observing him closely in my to all races, focuses on the ancestry of Amer- want to search visitors, I probably would not ican slaves, saying they descended from have a problem. If they say there will be no time in the Senate, I can confidently Moabites who formed the Morrish empire. more religious visitors, we would very likely say that Senator EXON stands second to A grand jury issued 38 secret indictments challenge that in court.’’ none in his knowledge of the Federal Tuesday. About 6 a.m. yesterday, federal Mr. REID. I suggest the absence of a budget and its impact on working agents and local police officers began arrest- quorum. Americans everywhere. As Senate ing suspects. By 6 p.m., seven remained at The PRESIDING OFFICER. The Democratic leader, I have repeatedly large, said William Megary, acting special drawn on his experience and wisdom agent in charge of the FBI’s Washington clerk will call the roll. field office. The bill clerk proceeded to call the for guidance in the many fiscal battles Officials said 21 suspects were from the roll. that have come to define this Congress. District, eight from Maryland, two from Vir- Mr. REID. I ask unanimous consent As ranking member of the Budget ginia and seven had unknown addresses. to rescind the call for the quorum. Committee, Senator EXON has been my S11494 CONGRESSIONAL RECORD — SENATE September 27, 1996 most valuable ally and adviser as we tration since the 1970’s has consulted body out in the public who is trying to developed a plan to balance the budget him on military matters and consid- get advice about how to structure an without compromising the priorities ered him for top-level positions in their event. All inquiries, frankly, are wel- we stand for. He has never wavered in administrations. come and are treated as confidential, his commitment to balance the budget Senator NUNN’s career has neither in accordance with the committee’s fairly. been confined to nor consumed by mili- rules. Most of all, Senator Jim EXON will be tary and defense issues, however. In On occasion, a specific question remembered as having served the peo- the Senate, he has played monumental raised with the committee is deter- ple of Nebraska and all Americans with roles in laying the groundwork for na- mined to have general relevance to the dignity, diligence, and integrity. As a tional service, deficit reduction, and on entire Senate. Over the years, the com- soldier, Governor, as a Senator and as efforts to redirect our national eco- mittee has published the answers to a friend, he has exemplified all these nomic and tax policies. He has applied such questions as interpretative rul- virtues and many more. his talents and energy to a multitude ings. Between 1977 and 1992, the com- His love for the Senate is exceeded of issues whenever they were required. mittee issued more than 440 interpreta- only by his love for his family and the I must say that America is better for tive rulings, all of which are publicly beautiful State of Nebraska, and I it. available. might add the not-so-successful team Mr. President, I congratulate my col- The committee has also, from time in the last weeks, the Nebraska league, my advisor, my friend, Senator to time, communicated with all Sen- Cornhuskers. I know that troubled SAM NUNN, on his remarkable career, ators in the form of ‘‘Dear Colleague’’ him, and he has lost a great deal of and I thank him for his service to this letters on a particular point of the sleep over that during the last week, institution and to this country. Unfor- Code of Conduct. The committee did and I am sure his fortunes will turn. tunately, it is also time to say goodbye that earlier this year regarding the ap- Both he and I have had the good for- and wish him well in his future endeav- plication of the new gifts rule. The tune now to serve in this wonderful ors. We will miss him in the Senate, committee has compiled various other body for some time. I can say in all sin- but I must say that we expect him to documents explaining rules governing cerity I will miss him a great deal. I be very visible, very active, very in- proper and appropriate Senate conduct. wish Senator JIM EXON, his wife, Pat, volved, very engaged, both in public The committee staff also conducts and their family the very best in the policy and in matters relating to pri- regular briefings for staff and orienta- years ahead. vate enterprise, for many, many years tion sessions when we have new Mem- Mr. President, at times like this you and decades ahead. bers coming in at the beginning of each wish you could find other ways with I hope that, should he have the op- Congress. which to express gratitude and friend- portunity to serve in other capacities The sum and substance of this means ship and the best of health to those in government, he will take them—not that information and education are an who are retiring. Oftentimes, we wait for his benefit, but for ours. important part of the work of the Eth- too long to come to the floor to make Mr. President, I yield the floor and ics Committee. In order to facilitate these expressions of great affection and suggest the absence of a quorum. and improve the committee’s edu- admiration for the public servants who The PRESIDING OFFICER. The cational role, we have, today, published come here every day. I could talk at clerk will call the roll. the first-ever Senate Ethics Manual. I some length about Senator EXON, as I The assistant legislative clerk pro- regret that it is as thick as it is, but now will about Senator Sam NUNN. ceeded to call the roll. the Senate, over the last 10, 15 years They are men from whom I have Mr. McCONNELL. Mr. President, I has been increasingly made more com- learned a great deal, men of remark- ask unanimous consent that the order plex in the rules by which we must live able decency, men respected on both for the quorum call be rescinded. our lives, so we have had the staff sides of the aisle, men with a sense of The PRESIDING OFFICER. Without work, over the last year, trying to de- humor and a sense of devotion to coun- objection, it is so ordered. velop a manual which, candidly, Mr. try. f President, is not going to answer every f question, but may help in providing a SENATE ETHICS RULES sort of quick, ready reference for Mem- FAREWELL TO SENATOR NUNN Mr. McCONNELL. Mr. President, as bers of the Senate in trying to deter- Mr. DASCHLE. The day SAM NUNN everyone knows, we have, over the last mine how to handle a matter that cast his 10,000th vote, I mentioned that year, year and a half, made some ad- might raise some ethical question. his first vote, on January 23, 1973, was justments in the ethics rules for the Again, I apologize for the thickness of to confirm a nominee to be Assistant Senate. The Select Committee on Eth- it, but I think it illustrates how many Secretary of Defense. Since then, Sen- ics is principally in business to do in- new rules we have adopted for our- ator SAM NUNN has become the Sen- vestigative and disciplinary work, but selves and how much interpretation is ate’s leading authority on defense poli- its work in the area of Member and needed in order to discover what to do cies. He has served as chairman of the public education is also a major part of under the new rules. So this will be Senate Armed Services Committee what the committee does, and that is made available to every Member of the from 1987 to 1994. He has introduced or less familiar to most Americans. Senate. I suggest that, for whoever in cosponsored the most important legis- The committee’s advice and counsel, the office becomes sort of the office ex- lation and the most important military typically provided to Members, staff pert on matters of this sort, this be on and defense issues of the last two dec- and the public affected by the Senate their desk and, hopefully, that person ades, including Defense reorganization, code of conduct, in fact, constitutes a will be able to be of some assistance to reducing the threat of nuclear war, substantial amount of the work that the Senator in the coming years in an- Pentagon procurement reform, base the committee does in giving advice to swering questions. closing, and restructuring of military people who are seeking not to run afoul The manual is comprehensive. It cov- pay and benefits. of the rules of the Senate. On a regular ers gifts, conflicts of interest, outside He has earned the respect of virtually basis, the committee answers questions income, office account, financial dis- every colleague with whom he has and provides guidance on a wide array closure, political activity, the frank, served—Republican, Democrat, con- of subjects, from financial disclosure to Senate facilities, constituent service, servative and liberal, Presidents, Vice the application of gift and travel rules, and employment practices. It explains Presidents, Members of the House. He to conflicts of interest. Much of the ad- the rules and incorporates the interpre- has earned, also, the thanks of every vice takes the form of just responses to tations that we have developed over American throughout this country for telephone calls, which are typically re- the years. In addition, it contains his efforts to ensure the integrity and ceived by the committee staff. But, fre- many illustrations of situations that mission of our military establishment quently, the committee responds in have occurred, or could occur, and sets in the face of many of history’s most writing to a specific question raised by forth the standard for appropriate con- significant challenges. Every adminis- a Senator or, for that matter, some- duct. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11495 I am confident that every Senator The legislative clerk proceeded to Poudre area bill. The Cache La Poudre will incorporate this manual in his or call the roll. River is a river that was named by the her important office documents. As I Mr. BROWN. Mr. President, I ask French, obviously, in the pioneer days. have suggested earlier, it will probably unanimous consent that the order for It is a river that has provided the flow end up occupying a significant spot in the quorum call be rescinded. of communications, water, transpor- the office of every Senator. I think it is The PRESIDING OFFICER. Without tation, and a lifeline throughout east- not likely to eliminate the need to call objection, it is so ordered. ern Colorado. It starts in the high the Ethics Committee for advice, al- f mountains in northern Colorado, in though it may make those phone calls those high mountain regions, and it COLORADO ENVIRONMENTAL less frequent. flows down toward the plains. It is now PROJECTS The committee staff worked long and Colorado’s only wild and scenic river. I hard on this manual, and they deserve Mr. BROWN. Mr. President, I was offered that as a Member the House of the appreciation of the Senate and the shocked and saddened today to learn of Representatives. American people. In particular, Victor the President’s threat to eliminate or Peter Dominick did a study perhaps Baird, Linda Chapman, Elizabeth veto the parks bill that included a three decades ago on wild and scenic Ryan, Adam Bramwell, Marie Mullis, number of projects. rivers in the State. And it was a great and Annette Gillis toiled long hours I was particularly disheartened over pleasure for me to see the passage of over the last several months to bring the decision to kill four Colorado envi- that wild and scenic designation. While this project to fruition. They have ronmental projects—surprised because, Peter Dominick has long passed away, turned out, in my view, a very fine on a number of these, the administra- his sons came to that signing cere- product. tion has specifically reviewed them and mony. It was, I think, a token of some- As I indicated earlier, one copy of signed off on them; that is, we had thing very important because it is an this manual will be made available to taken the trouble and the time to walk effort to preserve part of our national each Senator. In fact, this afternoon, them through, to seek their advice, to heritage. one copy will be delivered to each of- incorporate their suggestions, and to The La Poudre bill the President now fice. I am not going to ask that it be work with them for something that wants to veto is one that takes that printed in the CONGRESSIONAL RECORD, could meet the President’s guidelines. area of the river as it passes through as it is quite thick, but I ask unani- Thus, after doing that—and having Fort Collins and extends out on the mous consent that the manual be secured, at least in many of those plains. The suggestion is very simple. printed as a Senate document. projects, the administration’s input Let us see if there is some way to set The PRESIDING OFFICER. Without and approval—we are now faced with a aside the floodplain of the river as it objection, it is so ordered. political hit list with regard to Colo- passes through the city of Fort Collins Mr. MCCONNELL. Then there will be rado projects. I think it is particularly and Greeley and by the city of Windsor sufficient copies available to commit- surprising when you look at where that on its way. It is an area of rapid tees and subcommittees as well as the hit list focuses. It focuses primarily in growth. It is in the middle of a great general public. States where the President has had a urban area stretching from Denver, or So, Mr. President, I hope that this difficult time in winning good reelect perhaps even Colorado Springs, all the ethics manual will be useful to Mem- numbers—Alaska, Colorado, and Vir- way up to Cheyenne, WY. bers of the Senate and to others who ginia are the heaviest hit on that hit What a wonderful thing to have set will need to become at least generally list. aside open space of a floodplain area familiar with the rules of the Senate. Mr. President, the projects in Colo- for riding and bike paths and hiking Again, I thank the staff of the Ethics rado are bipartisan projects. They are paths and recreation facilities in the Committee for an outstanding piece of ones that are of enormous benefit to heart and the middle of a great metro- work. It was really quite a difficult the environment and the State. I hope politan area. project. I thank them on behalf of all that the President will reconsider. Mr. President, as you well know, Members of the Senate. This is raw politics to punish those many in our part of the world are not Mr. President, I suggest the absence who will not go along with the Presi- so sure they want the heritage broke, of a quorum. dent’s bid for reelection. And it is vin- and it is controversial. But the saddest The PRESIDING OFFICER (Mr. dictive politics. It is beneath the Office thing of all would be to see it grow and THOMAS). The clerk will call the roll. of the President to engage in this kind for us not to prepare for it, plan for it, The assistant legislative clerk pro- of vindictive hit list based not on a ra- and set aside the open space that will ceeded to call the roll. tional review of the issues or reason- keep some of the quality of life that Mr. MCCONNELL. Mr. President, I able discussions of the problems, but has attracted so many to that part of ask unanimous consent that the order simply sending a cold power play to the world. for the quorum call be rescinded. punish those States where the Presi- That is really what this bill is all The PRESIDING OFFICER. Without dent’s ratings are not high enough. about. It does it without a cost to the objection, it is so ordered. I called the White House this morn- U.S. Treasury. f ing because I was concerned about It does it by saying if there is surplus these projects and about one project in land in the State that is federally MORNING BUSINESS particular which, I think, particularly owned, this bill allows the exchange of Mr. MCCONNELL. Mr. President, I saddens me, and asked why these surplus land in other parts of Colorado ask unanimous consent that there now projects were being eliminated. They for part of the flood plain of the Cache be a period for the transaction of morn- were not able to give me an answer. La Poudre. It will not have a net im- ing business with the time between The woman who was kind enough to pact on the Treasury, but what it will now and 2:30 p.m. open for statements chat with me did speculate with regard do is gradually see land that is held by limited to 5 minutes each; I further ask to one of them, and speculated that the Federal Government in areas where that the time between 2:30 p.m. and 3:30 maybe they were concerned about it it is not needed exchanged for land in p.m. be under the control of the Demo- being a heritage area. And, of course, the flood plain of the Cache La Poudre cratic leader or his designee and the the major one involved the Cache La River. It promises, I believe, over a time between 3:30 p.m. and 4:30 p.m. be Poudre River bill which is not a herit- lengthy period of time to give us a sub- under the control of the Republican age area. We specifically changed that stantial amount of open space that will leader or his designee. aspect because Members of the House be preserved throughout the Republic The PRESIDING OFFICER. Without and others had concerns about heritage to the lasting benefit of the commu- objection, it is so ordered. areas. nity. Mr. MCCONNELL. I suggest the ab- Mr. President, I want to talk for a Frankly, I think it is a question that sence of a quorum. moment about a project that we needs to be addressed in the Western The PRESIDING OFFICER. The worked for more than 20 years on United States itself. The West is clerk will call the roll. which is included in that Cache La blessed with a large amount of public S11496 CONGRESSIONAL RECORD — SENATE September 27, 1996 land held by the Federal Government, tiating this agreement and having the prove that treaty is a lose-lose for the but I do not think anyone, liberal or other nations of the world that build United States industry and the thou- conservative, Democrat or Republican, ships sign on the dotted line saying sands and thousands of men and women would question the fact that some- that this agreement is right for this who work in those industries, because times that land is not held in the loca- time, unfortunately, this Congress, and if we do not enact this agreement and tion where most would prefer it. Most this Senate in particular, will not be in other countries continue to subsidize of our land ends up being where set- a position to even bring it up for ratifi- their yards, we will continue to lose tlers did not homestead it or where cation. business. We will continue to build miners did not stake a claim. However, The bottom line is that this agree- only militarily useful vessels in this it is not the only basis that you ought ment, which has been negotiated for so country and commercial shipbuilding to use for land allocation and owner- long, has as its major purpose the end- will continue to go overseas to yards ship. ing of shipbuilding subsidies by the that are consistently subsidized by What this bill does is give us a other countries of the world. their governments, because in many of chance to shift the ownership of the In my time in the Congress, I have these countries shipbuilding is their public land away from areas where it is heard from people who work in ship- biggest industry. It is not in our coun- not needed to areas where it clearly yards, people who own shipyards, peo- try, and therefore we do not subsidize will be needed. ple who have shipyards in their dis- it. This agreement would have put I cannot help but think that this tricts and in their States, that if we other countries on a level playing field measure has enormous environmental could only end the other countries’ with us. pluses in it, and I find myself dumb- subsidies to their yards, government I am struck by the fact that at the founded that the President would subsidies, we in the United States last minute, when some of our industry choose to veto it. My hope is that the could not only compete with these people came in and said, well, we do administration will be willing to sit other foreign shipyards but we could do not like this agreement because of this, down with us, let us know their con- much better than they are doing. that and the other, my staff, USTR cerns, and work things out if that is This agreement, I say to my col- people, many Members of the Senate the case. But, also, I must say I am not leagues and to all, does exactly that. and in the House sat down and said, all willing to roll over on this. I am not After 7 years of negotiation under the right, we will try to get what we can to willing to ignore good legislation. My leadership of the Clinton administra- fix it to address your concerns. Those suggestion is that if the President tion and Bush administration, both of who opposed the treaty said, well, they wants to work with Congress, he has to which have said this is a priority, and needed explicit clarification that the be willing to step forward and this agreement has now been com- United States would not under any cir- enunciate his concerns. Right now we pleted and signed, we at this last hour cumstances change our Jones Act, and are in a circumstance where the Presi- refuse to take it up because there are we did that and clarified that in the dent has put these projects on a hit list some in our country who have said it is treaty, that that would be exactly the without even being willing to name or not perfect so, if it is not perfect, we way they asked for it. They said that they need explicit articulate what his concerns are. will not participate. The losers of this clarification that our national security My belief is and always has been that battle are the people who asked us to interests would be protected by this good legislation is a product of enter into these negotiations in the treaty, and that the defense features thoughtful review and good commu- first place, the shipbuilding industry. and military reserve vessels would be nication between those involved not It is unfortunate that now there is such outside of the agreement. And we put only at the legislative level but those a division among the industry that we that into this treaty to be ratified. in the Congress are not able to do outside of this body. I hope the Presi- They said they needed 30 additional something which helps everybody in a dent will reconsider his actions. Once months of the current title 11 financing before a President of the United States major way. program for our shipbuilders to cover I am committed to continue our ef- came up with a hit list for the Western projects that were close to having their forts in the next Congress. I am fearful, United States. President Carter took applications in. And we did that. vengeance out on the Western United however, that other countries will see They said they needed clarification States with his hit list. My hope is that the U.S. lack of ratification of this that the limited restructuring sub- President Clinton will not repeat that international agreement to mean that sidies for some countries, which were mistake. they will then be able to engage in allowed under the agreement to four I yield the floor. their own subsidy wars once again, and countries in order to reduce their ship- Mr. BREAUX addressed the Chair. that will be most unfortunate because, building capacity, would be actionable The PRESIDING OFFICER. The Sen- if there is anything which is clear, it is if they, in fact, increased their capac- ator from Louisiana. that this country cannot participate ity instead of reduced their capacity. Mr. BREAUX. I thank the Chair for and cannot win an international sub- And we did that. recognizing me. sidy battle with other countries willing It is unfortunate that, in the end, f to heavily subsidize their shipbuilding some would agree only on a perfect industries as a matter of national pol- ORGANIZATION FOR ECONOMIC CO- agreement. If anyone has been here icy. longer than 2 weeks, he or she knows OPERATION AND DEVELOPMENT We have no subsidies directly pro- AGREEMENT there are no such things as perfect vided by our Government to our ship- bills, perfect legislation, or perfect Mr. BREAUX. Mr. President, I take building industry. That program, the treaties—or perfect anything. We are the floor to make a couple of com- construction subsidy differential pro- humans who try to do the best we can. ments about my extreme disappoint- gram, was ended in the administration Perfection is not something that we, ment over the obvious fact that now of President Ronald Reagan. He said we oftentimes, are able to achieve. this Congress will not be able to take are not going to do that any more. So, while this agreement may not up an agreement that has been worked Congress agreed, and there is no longer have been perfect, we answered in each on and negotiated for over 7 years that any shipbuilding subsidies in place for instance the opposition of those who has now been completed but that will our yards in this country, but all the continue to oppose this treaty. They, not be considered by our Congress other countries that are major ship- in my opinion, will be the ones who through the ratification process. builders still have subsidy programs. will ultimately suffer the most by their The agreement that I speak to is the This international agreement got stopping this Congress from bringing so-called OECD agreement, which is them all to sit down at the table after forth this agreement for ratification. the Organization for Economic Co- 7 years and say, all right, if everybody I know there are a lot of people who operation and Development, which has agrees they are not going to do it, we worked very hard. I commend Con- brought together the shipbuilding are not going to do it either. gressman SAM GIBBONS, from the other countries of the world, and after 7 That agreement is a win-win for the body, who really tried to bring his peo- years and two administrations nego- United States. Failure to ratify and ap- ple together on this issue. Senator BILL September 27, 1996 CONGRESSIONAL RECORD — SENATE S11497

ROTH, the distinguished chairman of The legislative clerk proceeded to Mr. CONRAD. That is correct. The the Senate Finance Committee, call the roll. first time that we have seen the deficit worked very hard with his staff to say, Mr. CONRAD. Mr. President, I ask decline 4 years in a row under one yes, let us meet to try to bring this to- unanimous consent that the order for President was back in the 1840’s. gether. Our Democratic leader, TOM the quorum call be rescinded. Mr. REID. I also ask the Senator DASCHLE, tried to urge people to sit The PRESIDING OFFICER. Without from North Dakota, in looking at the and negotiate. And also, particularly, objection, it is so ordered. chart as I came into the Chamber, it Senator TRENT LOTT, the majority f appears to me that the deficit is only leader, who hosted meetings with the one-third of what it was at the height THE U.S. ECONOMY—ON THE differing parties to try to bring people of the Reagan deficits. RIGHT TRACK closer together, to say, yes, we should Mr. CONRAD. If you measure the def- get this agreement in a posture to Mr. CONRAD. Mr. President, yester- icit against the size of our national in- which everyone could agree. day we received more good news on the come, which is probably the best meas- I will conclude, Mr. President. We performance of the U.S. economy. Yes- ure of the deficit, that is true. In fact, have been ravaged, ravaged by the sub- terday, the Census Bureau reported the deficit measured against the size of sidy practices of other countries in the outstanding news with respect to in- the economy is the lowest it has been shipbuilding industries. This agree- creases in personal income and reduc- since 1974. In fact, we now have the ment that two different administra- tions in the levels of poverty in our lowest deficit of any of the major in- tions hammered out and negotiated country. I believe a significant part of dustrialized countries in the world. over a 7-year period was an effort to the reason for the excellent economic Again, I think that is the central rea- end those subsidy practices of those performance is the Clinton economic son we have seen this economic resur- other countries so the United States, plan that was passed in 1993. I believe gence. which does not have a direct subsidy that plan has contributed by reducing Mr. REID. Can I ask one final ques- program, would be able to compete the deficit, reducing the deficit 4 years tion? And that is, I think the Senator with our competitors from around the in a row. That took pressure off inter- from North Dakota would agree that world on a level playing field. est rates, and that fueled an economic even though the last 4 years have been Unfortunately, in the absence of this resurgence in this country. remarkable in driving down the annual agreement being ratified by this body, I think when we evaluate the per- deficit, I think we would all acknowl- we as a country have a signature on a formance of the last three Presidents edge we are working toward a zero defi- piece of paper which is meaningless be- on the question of deficit reduction, cit; is that true? cause we in the Senate could not bring the record is remarkably clear. Mr. CONRAD. I think that is the goal the parties together to see the benefits Back in 1981, President Reagan came that many of us share. I hope that of this agreement. It is a most unfortu- into office and inherited a deficit of $79 would be what we could accomplish, to nate set of circumstances. It is unfor- billion. The deficit promptly sky- have a balanced budget in this country. tunate because there will be thousands rocketed under the theory of supply- It is critically important that we do of men and women who work in these side economics—the notion that we that, because we face the demographic yards every day who will be disadvan- could dramatically cut taxes while in- time bomb of the baby-boom genera- taged and who will be less competitive, creasing defense spending and somehow tion. In very short order, the retire- not because they have less skills or are it would all add up. ment of the baby boomers is going to less productive, but because they are Unfortunately, it did not add up. In double the number of people eligible unable to compete with other govern- fact, the deficit exploded. The deficit for our major programs, from 24 billion ments. went up to over $200 billion a year and to 48 billion. That is why we have to Our workers and our industry and stayed at that level through much of keep the pressure on to keep the deficit our engineers and our technicians can the Reagan administration, although down. compete with any other engineer or there was some improvement in the I will conclude the point with respect any other technician or any other final years of that administration. to the Clinton administration’s per- worker anywhere in the world. But our Then we saw President Bush come formance. In 1992 President Clinton workers cannot compete with other into office. He inherited a deficit of promised he would cut the deficit in governments who are not concerned about $153 billion, and then the deficit half. He has done much better than about making a profit. We cannot com- truly went out of control. Each and that. In fact, the deficit is down about pete under those terms with another every year the deficit rose, until in the 60 percent during the Clinton years. government that so highly subsidizes final year of the Bush administration, Interestingly enough, the Federal Re- those industries in those nations. we had a budget deficit of $290 billion. serve Chairman, not known as a strong It is clear, at a time when we are That was the budget deficit. supporter of the Clinton administra- talking about reducing Medicaid bene- Perhaps it would be helpful to ex- tion—in fact, originally appointed by a fits, reducing welfare benefits, reduc- plain the difference between deficits Republican President—said that the ing benefits in Medicare, that we are and debt, because I often find that peo- deficit reduction in President Clinton’s certainly not going to start subsidizing ple are confused by the two. Deficits 1993 economic plan was ‘‘an unques- our shipbuilding industries in the oppo- are the annual difference between what tioned factor in contributing to the im- site direction. we raise in revenue and what we spend. provement in economic activity that So I am extremely disappointed, but, It is the annual difference. Debt, of occurred thereafter.’’ as always, I try to always be optimis- course, is the accumulation of all of This is the Chairman of the Federal tic. There will be those in the next the deficits. Reserve in February of this year indi- Congress who will realize this was a Under President Clinton, unlike cating that the Clinton plan was the tragic mistake. I say to the other coun- President Bush where the deficit went central reason we have seen that dra- tries around the world that they, too, up every year, in the Clinton years, the matic improvement in the deficit dur- should look upon this effort, not as a deficit has declined each and every ing the Clinton years. final failure on the part of the United year. In fact, we went from a unified Not only do we see an outstanding States, but rather only a pause in the deficit of $290 billion—— story with respect to deficit reduction, legislative process, and, in the next Mr. REID. Will the Senator yield for this chart shows what has happened to Congress, hopefully we will get back on a question? real business fixed investment in bil- track and get our industries together Mr. CONRAD. I will be happy to lions of 1992 dollars. This chart goes to allow this Congress, and particu- yield. back to 1985. You can see, ever since larly this body, to approve what I Mr. REID. It is true, is it not, I say Bill Clinton has been in office, we have think is a good treaty. to the Senator from North Dakota, seen a dramatic improvement in busi- Mr. President, I yield the floor and that 4 years in a row of declining defi- ness fixed investment. In fact, this is suggest the absence of a quorum. cits, the last time that happened was the best record for increases in busi- The PRESIDING OFFICER. The in the 1840’s—that is 1840’s—prior to ness investment for any President clerk will call the roll. the Civil War; is that true? since World War II. S11498 CONGRESSIONAL RECORD — SENATE September 27, 1996 The good news doesn’t stop there, be- gest drop in poverty in 27 years; 1.6 Mr. CONRAD. That is a remarkable cause we also see the misery index at million fewer people in poverty. We accomplishment. I think any objective its lowest level since 1968. The misery saw the poverty rate for the elderly observer who looks at the economic in- index is a combined measure of the un- drop to its lowest rate ever, lowest rate dicators can only conclude that this employment rate and the level of infla- ever for elderly poverty, and the big- economic plan has been remarkable in tion. The misery index is now at the gest drop in child poverty in 20 years. its success. In fact, last year, for the lowest level it has been in 28 years. It seems to me that part of any Pres- first time in many years, the United Again, the good news doesn’t stop idential campaign ought to be the States was judged to be the most com- there. We remember when President record. The record, with respect to the petitive economy in the world. That Clinton was seeking the office of Presi- economy, of this administration is designation has been given to the Unit- dent. He said that he would have as a crystal clear: The deficit is down, un- ed States again this year. It is the first goal the creation of 8 million jobs in employment is down, poverty is down, time in a very long time we saw the the first 4 years of his administration. incomes are up, jobs are up, business United States replace Japan as the He has exceeded that. He has delivered investment is up. That is an outstand- most competitive nation in the world. on his promise. We have more than 10 ing record. I hope people will have a So again, I think the evidence is clear million new jobs. In fact, we have now chance to learn this record between and powerful and compelling that this reached 10.5 million new jobs. now and the election. I think if they President’s economic plan is working And unemployment is down, down do, this President will be reelected and working well. sharply, under President Clinton. In with a resounding vote. I am happy to Mr. REID. I will just ask one last December of 1992, the level of unem- yield the floor. question before the floor is taken by ployment in this country was 7.3 per- Mr. DORGAN addressed the Chair. the junior Senator from North Dakota. cent. This chart shows in June of 1996, The PRESIDING OFFICER. The Sen- In Nevada, we have had new business it was down to 5.3 percent. It has got- ator from North Dakota. incorporations increase by 14 percent— ten even better since then. The level of Mr. DORGAN. Let me yield myself that is big for any State—but 14 per- unemployment was down to 5.1 percent such time as I may consume of the cent during the 4-year period of time. in August 1996. hour that has been set aside. This is in the State of Nevada, not na- We have also experienced strong eco- Mr. REID. Would the Senator from tionally, but the State of Nevada. nomic growth under President Clinton. North Dakota, prior to the senior Sen- Mr. CONRAD. Again, it follows the In fact, this chart compares private- ator from North Dakota leaving the trend we are seeing nationally. Presi- sector growth under President Clinton floor, allow me to just ask a couple dent Clinton has the best record in as compared to President Bush. Under questions of the senior Senator from terms of an increase in business invest- President Bush, the private sector grew North Dakota? ment, the rate of increase, of any at a rate of 1.3 percent during his 4 Mr. DORGAN. I would be happy to. President since World War II. You see years. Under President Clinton, this Mr. REID. I say to my friend, the the stock market at an all-time high. chart shows 3.1 percent. With the latest senior Senator from North Dakota, Virtually every indicator shows clearly update, private-sector growth in this that you have made an interesting and that this economic plan has been a tre- country is up to 3.2 percent during the I think a compelling case how things mendous success. Clinton years. In fact, this is the high- have improved during the past 4 years, I might just say that when we passed est rate of growth of any of the last from lower Federal employment, to that plan, we took a lot of heat for it. three Presidents—private sector eco- higher private-sector employment, mil- I remember our friends across the aisle nomic growth, the best of any of the lions of new jobs, 10 million new jobs said that this plan would crater the last three Presidents. created, the lowest poverty levels in 27 economy. They said that if we passed Mr. REID. Will the Senator yield for years. You have gone through that, and this plan, it would increase unemploy- a question? I think made, as I indicated, a compel- ment, it would reduce economic Mr. CONRAD. Mr. President, I will be ling case. growth, it would increase the deficit. happy to yield. But I would like to ask the Senator a They were wrong. They were wrong on Mr. REID. You have talked about the question. Do you realize in the State of every single count. The fact is, those of private growth in our economy. Will Nevada—this is not on the overall us who voted for that plan, it was con- the Senator agree that we have a economy of this country—but in the troversial and we took a lot of political smaller Federal work force now than State of Nevada, which is a State heat for passing it, that plan has we had during the years of President sparsely populated but growing, the proved itself and proved itself remark- John F. Kennedy? Federal jobs have most rapidly growing State in the ably well. been cut back significantly; is that not Union, do you realize that the unem- Mr. DORGAN. Mr. President, on the true? ployment rate in Nevada has declined last point, the Senator talks about Mr. CONRAD. It is true. The Federal from almost 7.5 percent when President what the reaction was to the plan in work force is at its smallest level since Clinton took office now to about 5 per- 1993 that required some amount of for- the 1960’s, during the administration of cent? Were you aware of that? titude to vote for because it was not President Kennedy. I might also point Mr. CONRAD. I was not aware of popular. The political thing would have out, and I think this is interesting, that. But I was aware of national fig- been to vote ‘‘no.’’ And half this Cham- that Federal spending—this President ures that showed the unemployment ber did. It passed by one vote. Speaker is accused of being a big spender—Fed- rate declining from 7.3 percent nation- GINGRICH said at the time, ‘‘This will eral spending measured against our na- ally to 5.1 percent today, the lowest lead to a recession,’’ August 6. ‘‘Pass tional income has gone down each and level of unemployment we have had in this, it will lead to a recession.’’ What every year of the Clinton administra- this country in 7 years. I think that is has happened? Well, the deficit is down, tion. Interesting. another indicator that the Clinton eco- unemployment is down, inflation is During the Bush administration, nomic plan, which passed in this Cham- down, jobs are up, economic growth is Federal spending went up. Under Presi- ber by a single vote, is a plan that is up. dent Clinton, Federal spending has de- clearly working. I will just discuss a bit some of the clined each and every year as measured Mr. REID. I would also ask the Sen- things that you have talked about. I against our national income. ator—in fact, you have made an inter- thought I would just tell a story, if I I might just conclude that yesterday esting and, again, a very dynamic case might, that happened to a friend of we got more good news. We got the for what has happened with private- mine the other day that describes con- Census Bureau report showing that in- sector growth during these last 4 years text. You always have to put things in comes are going up; poverty is coming nationally. But let me ask you if you context, because what happens in poli- down. Median household income know that in Nevada, there are 21⁄2 tics is, someone comes to the floor of showed its largest increase in a decade. times as many new private-sector jobs the Senate—and it has been done a lot We had the largest decline in income per year than during the previous 4 lately—and they will take one little inequality in 27 years. We saw the big- years? That is a tremendous increase. piece that you are able to find, and September 27, 1996 CONGRESSIONAL RECORD — SENATE S11499 they will hold it up to the light and Business Week: economic strength, more jobs, more say, ‘‘Look at this. Isn’t this ugly? [I]nflation is low, growth is good, and the economic growth, less unemployment, Isn’t this awful? Look at this awful bad dollar is strengthening. America is in its less inflation. It was the right thing to news.’’ That is the way this system best economic shape in 20 years. do and America is heading in the right works. Reuters: direction. Of course, bad news travels faster Clinton has run up an enviable record in While there might be some who are than good news. The old saying: ‘‘Bad the past 4 years, cutting the budget deficit complainers in America, we have a des- news travels halfway around the world each year, and making good on a campaign ignated corps of complainers in our before good news gets its shoes on.’’ So promise to cut the deficit in half. country who never want to do anything people do this. Let me talk about con- That is not us. Money magazine, Bar- for the first time, have never found text. ron’s, Reuters, Business Week are tell- anything they are pleased about. They A friend of mine has a precocious 3- ing this story. It is the story that Sen- might want to find small areas where year-old. She went to the video store, ator CONRAD just told with charts— they would say, ‘‘Gee, this is not right. because they were going to be home for steady economic growth, deficits down, This is not working.’’ While they have the weekend and they thought they way down, and inflation down, way complained it will not work and it is would get a couple movies. They went down, 5 years in a row, unemployment not right, we have set it right and are to the video store and bought a little down to 5.1 percent. This is a remark- making it work and are moving this cartoon for the 3-year-old to watch and able economic story. country in the right direction. That is then a couple of movies for her and her Are things perfect in our country? the story of the economic numbers. husband to watch for the weekend. No. Are we finally heading in the right Mr. REID. Will the Senator yield? She told me this story. After they direction? Are we seeing higher defi- Mr. DORGAN. I am happy to yield to went to the video store and got these cits? No, we are seeing much lower the Senator. three movies, they stopped at the gro- deficits. Are we seeing unemployment Mr. REID. There are two Senators cery store, and this precocious 3-year- grow? No, we are seeing unemployment from North Dakota on the floor and old of hers, as they are walking past diminish, more people are working. they, of course, attended the meeting the checkout counter in the grocery That is movement in the right direc- yesterday where the President came store, the little boy said, ‘‘Well, tion. and talked to us. There was no press, Mommy got us some movies for the This economic news in our country is not a single press person in the room, weekend.’’ The cashier said, ‘‘Really?’’ news that most of us ought to view as and I listened very closely as did my He said, ‘‘Yes. She got a cartoon movie remarkable news, that ought to be a colleagues. for me and two adult movies for them.’’ source of strength to the American The thing I will never forget, I am What happened is the little boy was ex- people. confident I am not telling tales out of plaining on the way to the grocery Senator CONRAD just touched in the school, is when the President showed store, ‘‘Gee, I get to watch three mov- last part of his presentation on some us this, he said, ‘‘Last night, late at ies,’’ and the mother said, ‘‘No. We things that just came out yesterday, the White House, I was given this, and bought one for you, and the other ones and we were at a meeting with the I sat there alone looking at one page are for myself and your father.’’ ‘‘Why President last evening, in fact, a meet- and almost cried,’’ because he has also, can’t I watch them?’’ ‘‘They are for ing with the President yesterday at as you recall, gone through literal hell, adults.’’ Then he tells the cashier, noon, the three of us were there, and people criticizing his economic plan. ‘‘Mommy got two adult movies.’’ Well, then a gathering with the President The President of the United States, he was technically accurate, but con- last evening again where he talked alone in the White House, said when he textually, in the context of this discus- about the new Census Bureau informa- saw this he became so emotional he al- sion she told me, she was trying to tion. most cried because this is good news. look for a cash register to crawl under. I would like to share it with people Would the Senator agree this is good That is what happens with respect to because it is important. Typical house- news? This is the glass being half full, all of this discussion. It loses context hold income up $898 in 1995, the largest not half empty. We all recognize, as I when you take just a part of it and increase in a decade. Typical African indicated to the Senator from North hold it up. American family’s income is up $3,000 Dakota earlier in this discussion, we The Senator from North Dakota and since 1992. The median income of Afri- can do better. We can do better. But the Senator from Nevada talked about can-American families has increased the glass is half full. It is not half where we are and where we are head- from $22,900 to $25,900, the largest de- empty. ing. The question is, it seems to me, cline in income inequality in 27 years. The American people deserve to hear not so much in isolation but in the We have had a problem with income in- this good news. Would the Senator context of the broader economic ques- equality, the poor getter poorer and agree? tion, are we headed in the right direc- the rich getting richer, the largest de- Mr. DORGAN. I absolutely agree. As tion or are we headed in the wrong di- cline in that inequality in 27 years. The I said earlier, good news does not trav- rection? Are we moving forward or are number of people in poverty fell by 1.6 el very far, very well, or very quickly. we moving backward? million, the largest drop in 27 years. There is an industry that is interested Let us just not listen to Senator The poverty rolls are not growing, they in seizing and entertaining people on CONRAD. He wears a blue suit, serves in are shrinking. The poverty rate fell to bad news. Part of that industry is in the Senate, and talks, and Senator 13.8 percent, the biggest drop in over a American politics, because they under- REID wears a blue suit and serves in the decade. The African-American poverty stand that negatives far more easily Senate and talks, and I am talking. So rate dropped to its lowest level in his- motivate people than do positives. I people say, ‘‘Well, you’re politicians on tory. The elderly poverty rate dropped understand even though today we could the floor of the Senate. All you do is to 10.5 percent, the lowest level ever. have people come to the floor and hold talk about these things.’’ Let us not The biggest drop in children living in up a bunch of negatives and say, ‘‘Is listen to us. poverty in 20 years. The largest drop in this not awful,’’ we do not have a situa- Let us listen to money magazine. poverty rate of female-headed house- tion that is perfect in this country. Here is what they say: holds in 30 years. This is from the cen- Circumstances exist where the Amer- The majority of Americans are better off sus data about what is happening in ican people govern this country in a on most pocketbook issues after 31⁄2 years under [President] Clinton, who’s presided the American economy. representative government. We make over the kind of economic progress any Re- The point I want to conclude with is decisions, at times, decisions that the publican President would be proud to post. that we put this country on course American people probably do not want Barron’s: with a plan that was not popular and us to make, but we do it in what we In short, Clinton’s economic record is re- we paid a price for that. I understand think is in the best interests of this markable. . . . Clinton also rightfully boast- that. It was not popular at the time. It country. ed that, ‘‘our economy is the healthiest that turns out to have put this country on This President is a mortal President. it has been in 30 years.’’ solid footing to move toward greater I like him. I vote with him when I S11500 CONGRESSIONAL RECORD — SENATE September 27, 1996 think he is right. Yesterday I voted left over—1.6 million people are off Mr. REID. I am happy to. against him. I thought he was wrong on poverty. This is significant. This is Mr. CONRAD. You mentioned that something. He is not a perfect Presi- even though the population is growing. the poverty rate for the elderly was at dent. None of us is perfect. This Presi- We are still maintaining this drop. It is a level of 28 percent, or more than 28 dent has attempted to be a leader. the largest 1-year decline since 1968. percent in 1966. When he took office in 1993 he proposed Mr. DORGAN. Will the Senator Mr. REID. Almost 29 percent. a plan that says this is a tough plan, yield? Mr. CONRAD. Almost 29 percent was and it is tough medicine, but let us, to- Mr. REID. I am happy to yield to the the rate of poverty for the elderly; 29 gether, try and eliminate this Federal Senator. percent of the elderly lived in poverty budget deficit. I would like you to vote Mr. DORGAN. That would be the as recently as 1966. What did it drop to? for a plan that does it. Part of the med- equivalent of five Wyoming’s, as I cal- Mr. REID. It dropped to 10.5 percent. icine will be, yes, some increases in culate? Mr. CONRAD. To 10.5 percent. You taxes, although most of the tax in- Mr. REID. Mr. President, 1.6 mil- know, sometimes we say, well, the lion—I think Wyoming is about 600,000, Government doesn’t do anything that creases went to the very highest in- 1 1 so it is about 2 ⁄2 to 3 ⁄2 Wyomings. has much value. But here is a case come people in this country, and espe- Mr. DORGAN. I thought Wyoming where the portion of our elderly popu- cially some spending cuts in areas had a smaller population than that, lation that lived in poverty has been where we were spending too much but it is sufficient to say you could reduced from 29 percent of the elderly money, and it was a package that we take a number of the States in the to 10.5 percent. That is a dramatic im- voted for, and I was pleased to vote for northern Great Plains that are not it. It was the right thing to do. We did heavily populated and you can compare provement in the lives of real people. I not get even one vote from that side of the kind of progress we have made in a think that is something people can be the aisle. You would expect somebody number of these areas by referring to proud of. I think Bill Clinton and his to make a mistake occasionally and those States. economic plan, which has led to an eco- vote wrong. Not one would vote with It is remarkable when you take a nomic resurgence in this country, us. We won by one vote, one single vote look at income data provided by the ought to get some of the credit. This in the House and the Senate. Census Bureau, no one would have pre- President deserves some of the credit. We put in place an economic plan dicted this kind of economy would Mr. DORGAN. Will the Senator yield that was the right thing to do. The re- produce that in this 31⁄2-year period. on that point? sult? More employment, less unem- Mr. REID. I say to my friend, the rea- Mr. REID. Yes. ployment; more economic growth, son I mention States is these are real Mr. DORGAN. I heard a Senator lower inflation and lower deficits. That human beings, real people that go to come to the floor of the Senate a while is a country that is moving in the right work every day, hopefully, if that is ago and say, ‘‘For this President to direction. possible, if they have a job. But these claim credit for the good news about I am happy to yield the floor and people get up every morning and go to the economy is like a rooster claiming allow the Senator from Nevada to take bed every night—real human beings, 1.6 credit for the sunshine.’’ There are some time at this point. million of them are off poverty. That some here who are unwilling to give Mr. REID. Mr. President, I want to says a lot, I think. this President credit for anything. spend a little bit of time reviewing the The poverty rate fell to 13.8 percent, I read this, a few moments ago, in good news that we received yesterday. the biggest drop in over a decade. In Money magazine, who understands. The good news, I repeat, typical house- 1995, the poverty rate dropped from 14.5 Barron’s, Business Week, and Reuters hold income went up last year almost percent to 13.8 percent. That is the give the President credit. Do you think $900. In 1995, the median household in- largest 1-year fall in the poverty rate this President would not have been come increased 2.7 percent. This is tre- since 1984. Since President Bill Clin- given the blame for an economy that mendous. It is now up to $34,076, the ton’s economic plan was signed into was faltering and failing? largest 1-year increase since 1986. Typi- law, the poverty rate declined from 15.1 Let me read, if I might, a comment cal family income is up over $1,600 percent to 13.8 percent, the biggest 2- by the Chairman of the Federal Re- since the President’s economic plan year drop in the poverty rate in 23 serve, Alan Greenspan. He said: has passed. Median family income has years. The deficit reduction in President Clin- increased, up to over $40,000 a year in The Afro-American poverty rate ton’s 1993 economic plan was an unques- 1995. That is an increase of over $1,600, dropped to its lowest level in history. I tioned factor in contributing to the improve- as I indicated, since his plan passed in repeat: The Afro-American poverty ment in economic activity that occurred 1993, when the Vice President of the rate dropped to its lowest level in his- thereafter. United States had to come in and cast tory. In 1995, the rate declined from That is language from an economist. the deciding vote because it was on a 30.6 percent to 29.3 percent. That is the It could be clearer, I suppose. But he 50–50 tie with Senators. first time it dropped below 30 percent said ‘‘unquestioned factor.’’ The Presi- Under President Bill Clinton, the and is the lowest level since data was dent’s plan is an ‘‘unquestioned factor’’ typical Afro-American family in Amer- first collected in 1959. in contributing to the improvement in ica’s income is up over $3,000. The me- The elderly poverty rate dropped to economic activity that occurred there- dian income is up to almost $26,000. its lowest figure ever —ever—to 10.5 after. This is a $3,047 increase compared to percent. Of people over the age of 65, Paul Volcker, former Chairman of when President Clinton took office. only 10.5 of them are in poverty. That the Federal Reserve Board, said: Mr. President, 27 years—we have had is tremendous. By far, that is the best The deficit has come down, and I give the the largest decline in income inequal- of any country in the world. In 1966, Clinton administration and President Clin- ity in 27 years. In 1995, household in- 28.5 percent of American elderly lived ton himself a lot of credit for that. I think come inequality fell as every income in poverty. That was before Medicare we are seeing some benefits. group from the most well off to the came into being. Medicare has kept a The Philadelphia Inquirer, in a series poorest experienced a real increase in lot of people off the poverty rolls. In they did, said: their income for the second straight 1995, the elderly poverty rate declined What the GOP won’t admit is that the year. One measure of inequality, some- to 10.5 percent. That is a new record President also helped the economy grow. thing called the Gini coefficient, which low for elderly poverty—ever—not in Clintonomics showed enough fiscal discipline is something economists use but is the last decade or two, but ever. Not that it helped produce the lower interest deemed to be the most reliable judge of only do we have seniors poverty rate rates, which, in turn, spurred economic inequality, dropped more in 1995 than declining, but child poverty has growth. any year since 1968. dropped to its lowest level in 20 years, I still hear people, who are Members People in poverty. Mr. President, also. So seniors and children are doing of the Senate, come to the floor and enough people are off poverty to fill better. We are doing better by them. say, ‘‘Well, the only people who care the States of North Dakota and the Mr. CONRAD. Will the Senator yield about the Federal deficit are we con- State of Wyoming and then have people for a question? servatives, we Republicans.’’ September 27, 1996 CONGRESSIONAL RECORD — SENATE S11501 The people who care about the Fed- where in the country during his time years, we would have a balanced uni- eral deficit are the people who stood up as President, even if it relates to fied budget today. That is a fact. and owned up to a vote in 1993 and said, things for which the President has very Mr. REID. I say also the document ‘‘I will cast an unpopular vote in order little influence or control. about which we speak today is not to reduce this Federal deficit and get The national economy is one place something that was prepared by the interest rates down and put this coun- where the President does have signifi- Democratic National Committee, or try back on track.’’ Some of our col- cant influence and control. I just say the Democratic Senatorial Campaign leagues who did that are not here. to my colleague, the Senator from Ne- Committee. This came from the Census They lost their seats as a result of vada, that facts are stubborn things. Bureau. These are facts. And as the that. But the fact that we did that in President Reagan said that: ‘‘Facts are Senator from North Dakota has indi- 1993, according to all of these sources— stubborn things.’’ My colleague from cated, facts don’t lie. These are the don’t just listen to me, but to these North Dakota says there are others facts. sources—the fact that we did that cre- that are not partisan voices who are Mr. DORGAN. Will the Senator yield ated the circumstances that allowed confirming that this President’s eco- for a moment? If we go back 6, 7, or 8 the American economy to grow and nomic plan is working. years—6 years, for example—and think produce the kind of news we heard yes- I would say that even those of us who of where we were, deficits at record terday. Once again, this President is are partisans can report facts and re- highs and increasing each year. There providing leadership in the right direc- port them accurately. I would be pre- were the junk bonds, failed savings and tion, and this country is moving ahead pared to debate any of my colleagues loans; the derision with almost a finan- and in the right direction, rather than at any time and any place on the ques- cial casino in the country with the tax- languishing or moving backward. That tion of the facts presented here. Every payers paying the bill from S&L’s that is the point I wanted to make today. single one of these facts is verifiable by go belly up, junk bonds that were non- Mr. REID. Will the Senator read that anybody who cares to check. These performing, people going to prison, the quote from Barron’s and from Money numbers indicate clearly this Presi- placing of junk bonds under cir- magazine again? dent’s economic plan has worked. The cumstances that were not legal. Do you Mr. DORGAN. The Money magazine deficit is down each and every year of remember when we were, 6 or 7 years article was in August, last month. It the Clinton administration, and down ago, deep in debt, and getting deeper? says the following—— dramatically. The point we are making now is that Mr. REID. And things have gotten The head of the Federal Reserve says this country has turned around. It even better since then. to us that it is unquestioned that the didn’t happen just by accident. It hap- Mr. DORGAN. Yes. President’s economic plan contributed pened because a set of Federal policies It says this: to this improvement. This improve- were put in place that said here is what The majority of Americans are better off ment has radiated through this econ- we should do: We should turn the cor- on most pocketbook issues after 31⁄2 years omy, improving incomes. The Senator ner, and move in this direction—cut under President Clinton, who has presided from Nevada reports the biggest in- spending. This President proposed that; over the kind of economic progress any Re- crease in personal income in a decade; cut spending. publican President would be proud to post. the biggest reduction in poverty in 27 We have 250,000 roughly fewer Fed- Barron’s magazine said: years. eral employees on the public payroll In short, Clinton’s economic record is re- All I can say to my friends across the today than when this President took markable. Clinton also rightfully boasted aisle is if they had a President with office. A quarter of a million Federal that our economy is the healthiest it has this economic record they would be workers, who were working when this been in 30 years. running a campaign of ‘‘It’s morning in President took over from a Republican Finally, Business Week—and these America.’’ They ran that campaign President, are no longer working for are not publications that would nor- when the debt and the deficits were the Federal Government. It is the mally be supportive of a Democratic skyrocketing. Now we have a case smallest Federal Government in dec- President—Business Week said: where not only is the economy improv- ades in real numbers. Inflation is low, growth is good, and the ing, income is improving, investment Mr. REID. Since John Kennedy. dollar is strengthening. America is in its is improving, unemployment is being Mr. DORGAN. Since John Kennedy best economic shape in 20 years. reduced, inflation is being reduced, and was President. So if one doesn’t want to listen to us the deficit is declining—but this Presi- I want to add one more bit of context because they say, ‘‘Well, obviously you dent has done it without writing the to this. It is not my intention to come are partisan on that,’’ these publica- hot checks adding to the deficit—add- to the floor—nor is it the intention of tions are not partisan voices who ing to the debt. That was being done Senator CONRAD, or Senator REID, or evaluate this economy and say that during the 1980s. others who will join us—and say that America is finally on the right track. So this is even a more remarkable ac- we on the Democratic side of the aisle, It is growing, moving ahead, reducing complishment—to have this economy or this President, President Clinton, poverty, increasing employment, re- showing this resurgence and this are infallible, that we have not made ducing inflation, reducing interest strength even while President Clinton mistakes, that we are solely respon- rates. That is good for this country. is bringing the deficit down each and sible for everything that is good. That The point today is, again, in an era of every year—bringing the deficit down is not my point. It is not my point. so much bad news and in a society 60 percent. It took a vote that occurred But my point is when others come to which entertains people with other here in 1993 on the Clinton economic the floor and continue to kick and flail people’s dysfunctional behavior and plan, and it passed by one vote. away at every tiny little thing they bad news, it is time to trumpet a little Mr. DORGAN. I wonder if the Sen- can find wrong, hold it up, and say, bit that we are finally moving in the ator will yield? ‘‘Isn’t this ugly,’’ and entertain us for right direction—deficits down, unem- Mr. REID. I am happy to yield to the hours with this today because, ‘‘Gee, ployment down, employment up, infla- Senator in one second. But think how this is awful.’’ Let us put in context tion down. It is finally important for much better the economy would be if where this country is headed, and who us to say that we have turned the cor- we were not having to pay the interest had the courage and the plan to move ner, and America is moving ahead. on the debt that accumulated during it in that direction. This President de- Mr. CONRAD. If the Senator will principally the Reagan and Bush years. serves some credit for that. I can name yield, I just want to comment on the I mean we would have no deficit. names. I will not do it. But I could just question of who gets credit and who Will the Senator acknowledge that? for fun go down a list of people here gets blame. Mr. CONRAD. The Senator is abso- and what they said in 1993. They said The blame game is very popular, es- lutely right. It is very interesting. If this President is going to lead us into pecially just before an election. Some we didn’t have to pay the interest on a recession; this plan will not work; are holding this President responsible the debt that was accumulated during this plan will bankrupt America; this for anything that has happened any- the Reagan and Bush years, just those plan will lead to slower growth; this S11502 CONGRESSIONAL RECORD — SENATE September 27, 1996 plan will lead to less employment; this else from our experiences during these We said everything would be all right. plan is in the wrong direction. It turns past 2 years, we should recognize how Well, it wasn’t. out that every single one of those peo- much better things would be if we had That was Senator Dole speaking just ple were dead wrong—not just wrong a Congress that was willing to work, last summer, and only when he found but dead wrong. where you had a conference and where himself 20 points behind in the polls did This economic plan put this country both parties were in on the conference; he decide a different policy would on the right path so that deficits came where instead of having the majority make sense. And if anybody is wonder- way down, interest rates came down, run roughshod over the minority you ing whether his plan adds up, I just unemployment came down, new jobs had people working together for the give you two numbers. We are pro- went up, and inflation came down. good of the country. jected to spend $11.3 trillion over the They were wrong. This plan worked. As it has happened in years gone by next 6 years. Our income is projected I mean, I have people in my home- in this great body and the one down the to be $9.9 trillion. Those two do not town who are the kind of people who Hall in the Capitol, I hope, if we learn match up. You cannot spend $11.3 tril- oppose everything for the first time. nothing more, it is time that we de- lion and have income of $9.9 trillion We all know people like that; just sit velop and urge a thirst for bipartisan- and add up. around and play pinochle and com- ship here because of what has happened Mr. DORGAN. Is that under the Dole plain. No matter what somebody pro- in spite of the polarization that is tak- plan? poses. It is wrong; it will not work; and ing place here in Congress. Think Mr. CONRAD. That means you are it can’t work. This country was not about how much better it would have going to add to the debt. Mr. DORGAN. I ask the Senator a built by complainers. While they were been had we worked together on these question. Is that the projected income playing cards and complaining other issues. under the Dole plan? people were out building, and doing. I yield to my friend. Mr. CONRAD. That is the projected This President came to office with a Mr. CONRAD. Mr. President, I was income under current law, that we mission. He said here is a plan. And going to make another point. When I would spend $11.3 trillion, we would this plan he said, I think, will restore got up this morning I went to get the have income of $9.9 trillion. And what vitality to the American economy, and Washington Post. Right on the front does Senator Dole say? The first thing move us in the right direction. And it page is the reporting of what we are he wants to do is cut the income by was surprising that some people found talking about here today. The headline $550 billion. Now you have a $2 trillion that the Democratic President pro- on the front page of the Washington gap between spending and income. vided leadership in a way that cut Fed- Post is, ‘‘Household Income Climbs.’’ That is how you raise the debt. That is eral spending, cut Federal programs, The subheadline is, ‘‘Census Bureau how you raise deficits. That is how you reduced the deficit, and put the coun- Also Reports Poverty Rate Drop.’’ put this economy right back in the So if anybody is watching this and try back on track, but he did. ditch. I think the purpose of this discussion wondering if this is an accurate recita- If we are going to go back to a policy today is to put that in full context so tion of what the Census Bureau is re- of debts, deficit and decline, that is the that we can talk about something that porting, you can just turn to your local path to take. ought to be good news for everyone— newspaper and you will find these news I might just say Senator Dole says Republicans and Democrats—that reports all across America. cut the income $550 billion. That would every American ought to believe that ‘‘Median household income rose 2.7 create a $2 trillion gap between our it is better for us, no matter who gets percent * * * after being adjusted for spending and our income. You would credit if our country is moving in the inflation.’’ then think, well, he is going to propose right direction, because internation- Inflation is running about 3 percent. $2 trillion of spending cuts to make up ally we now must compete with tough, So incomes actually went up about 6 for it. Oh, no. He is not even close. He shrewd international competitors in a percent last year—biggest increase in a has about $700 billion of specific spend- game where there are winners and los- decade. Over the same period, the ing cuts that he has recommended, and ers, and the losers suffer the British de- Washington Post reports the poverty if you look at the spending cuts what gree of slow economic decline and the rate declined from 14.5 to 13.8 percent. you find is he is saying we ought to cut winners experience new jobs, hope, and The number of people in poverty fell by just one category of Federal spending opportunity. That is why it is so im- 1.6 million. about 30 percent. And the category he portant to have this economic strength That is the statistic the Senator has chosen is what Senator REID from and why it is important that we are fi- from Nevada was using—the largest de- Nevada knows well—domestic spend- nally back on track with an economy crease in 27 years. The largest decrease ing. He wants to cut it 30 percent, I say that is stronger. in poverty in America in 27 years. That to the Senator. Mr. REID. I want to finish with two is the statistic both the Senator from Mr. REID. Education. thoughts: North Dakota and the Senator from Mr. CONRAD. Law enforcement. One, we had the lowest drop in elder- Nevada were using. If we need evidence Mr. REID. Environment. ly poverty. We talked about that; the this plan is working, here it is right Mr. CONRAD. Environmental clean- biggest drop in child poverty; and, the here in this morning’s newspaper. up, roads, bridges, airports. He wants largest drop in the poverty rate of Let me just conclude: to cut those 30 percent. In fact, by the households in 30 years. The benefits of economic growth were sixth year, he would cut them 40 per- There are statistics that relate to the spread widely through the economy—in near- cent. State of Nevada. Bank lending in- ly all occupations, all education levels and If anybody in this country thinks the creased by $10.5 billion. Home building all income categories. way we should build for the future is to increased by 25 percent per year during That is the kind of economic results cut, in the sixth year of Senator Dole’s the years of President Clinton. Almost you would like to have, and this eco- plan, education 40 percent, cut law en- 51⁄2 times as much new manufacturing nomic plan is delivering those results. forcement 40 percent, cut the construc- jobs were created; 261,000 workers are We ought to stay the course. We ought tion of roads, bridges and airports 40 protected by family and medical leave. to stick with this plan. Absolutely the percent, sign up to the Dole plan be- We have new police officers, and that is worst thing we could do is take a river- cause that is precisely what he is rec- going up. A lot of good things have boat gamble and go back to the old ommending to the American people. happened. days of supply-side economics in which That would be a disaster for the eco- What I say to my two colleagues on somehow, as Senator Dole said last nomic future of this country. And even the floor today and the Presiding Offi- year, you cut taxes and you are sup- with those cuts he is nowhere close to cer is to build just briefly on what the posed to get a big, big revenue in- adding up. Instead, we are going to get Senator from North Dakota just said. I crease. As Senator Dole said last sum- a huge increase in the debt. That will think with the Presidential election mer—he said, you know, we tried that increase interest rates. That will slow winding down and 5 or 6 weeks until it in the eighties. That was the idea that the economy. That will put our econ- is over, I hope that, if we gain nothing NEWT and the House Republicans had. omy in the ditch. That is a policy of September 27, 1996 CONGRESSIONAL RECORD — SENATE S11503 debt, deficits and decline, and we ought to be hard to do. It turned out to be ex- am going to talk for just a second to avoid it at all cost. traordinarily hard to do. It turned out about it. I yield the floor. it passed in this Chamber by a tie- An average family in my State gets Mr. DORGAN. Will the Senator breaking vote being cast by the Vice to keep 47 percent of its gross income. yield? President. So it turned out to be enor- In 1950 those people got to keep 80 per- Mr. REID. I would be happy to yield, mously difficult. Why? Because it was cent. Now they can only keep 47 per- indicating that one of the things we not popular. It was tough medicine. It cent after they get finished paying have not talked about here today with was needed to put the country back on their Federal tax bill, State, local, the the Clinton plan is something that we course. That is the test of leadership. cost of Federal regulations, and extra recognized very clearly in Nevada. As a Mr. REID. And it was very partisan. costs they pay in interest payments be- result of the Clinton economic plan, in Mr. DORGAN. It turned out to be cause of the national debt that has Nevada nine times more Nevada fami- very partisan, regrettably. I wish it been drummed up by an ever-increasing lies received a tax cut than an in- would have been a bipartisan effort to and larger Federal Government here in crease. It happened all over the United say, if we have to do some heavy lift- Washington. States. In addition to that, businesses ing, let us all lift. But that was not the Mr. President, 47 percent is what is got tax breaks in the Clinton plan of case. In any event, what has happened left at the end of the day. I will say as 1993. We fail to talk about it. In the lit- now is that Senator Dole, who has al- long as I am here that any effort to tle State of Nevada, almost 7,000 small ways stood here in this Chamber and bring relief to those average families businesses got a tax break when we said I do not agree with those who say and to allow more of their earnings to passed the deficit reduction plan. let us have a big across-the-board tax stay in their checking accounts is laud- Mr. CONRAD. Will the Senator yield cut and the deficits, the heck with the able and correct, because we have just on that point? deficits, let us not care what happens pushed the average family to the wall. Mr. REID. I will be happy to yield. as a result of it, he has always been one That which we ask them to do, get the Mr. CONRAD. I asked my staff to who stood in the well of the Senate and country up in the morning, feed it, find out in North Dakota what hap- said these things do not make any house it, shelter it, take care of its pened because we continually are told sense. This does not make any sense. health, is virtually impossible to do these are the big taxers and the big Now he has been convinced apparently today with what is left in that check- spenders. I have reported what hap- to propose an across-the-board tax cut ing account after some Government bu- pened to spending. Every year under which will substantially reduce the reaucrat marches through it. the Clinton administration spending as revenue and substantially increase It is not my purpose to discuss it a share of our national income has deficits. And do not trust me on that. here this afternoon. But lowering the gone down—each and every year. Trust the Concord Coalition, a biparti- economic pressure on the average fam- Big spending? I do not think so. This san organization or nonpartisan orga- ily in our country would do more to President has reduced spending meas- nization run jointly by a former Repub- end the stress and the anxiety and the ured against our national income. And lican Senator and Democratic Senator behavioral problems in our middle- on the tax side, in my State of North who say this is going to vastly inflate class families than any other thing we Dakota, as a result of the 1993 plan, the Federal deficit. can do. You can track the stress in 29,000 people got a tax cut because of It seems to me, given the economic those families and track it day by day, the expansion of the earned-income tax story we have talked about today, the month by month, year by year, as we credit that was included in the Clinton question is, do we want to move in that ratcheted up the tax pressure on those plan; about 1,400 people got an income direction again: swollen deficits, slow- families. You can see the effect it has tax rate increase. And who were they? er growth, more unemployment? Or do had on them—smaller families, no sav- They were couples earning over $180,000 we want to continue with the plan that ings in their savings accounts, lower a year and individuals earning over has worked for our country? SAT scores, more members of the fam- $140,000 a year. So 20 times as many Mr. REID. I would say to my friend, ily having to work just to keep up; in people got a tax reduction as got a tax in closing, we have heard a discussion some of them, not only both parents increase. here this afternoon about the economy working but both parents having two Mr. DORGAN. If the Senator will and how the glass is half full rather jobs. yield, one of the concerns I have about than half empty. I have heard on the I am absolutely mind boggled that we the proposal now for a substantial Senate floor, over the past month or would be arguing that it would be some across-the-board tax cut offered by so, the same type of discussion as it re- evil and sinister thing to lower the tax Senator Dole is that it is so at odds lates to crime in America; that is, ‘‘the pressure on the American family. with what is required of leadership at glass is half empty, it is not half full,’’ f this point. I said on the floor yester- when we should recognize that the vio- RE-CREATE A MELTDOWN day, and I will say it again, I admire lent crime rate has dropped for adults. Senator Dole. I think the service he We are making progress with the ap- Mr. COVERDELL. Mr. President, we has given to this country is something proximately 40,000 new police officers are hours away from the end of the fis- most Americans should be thankful for throughout America. We are making cal year. There are leadership meetings and grateful for. He has been a good great progress. We should talk about occurring everywhere. I have become public servant. the positive effect of how crime is convinced that the other side has con- I said yesterday I would not trade being attacked in this country rather cluded it is to their political advantage one Senator Dole and his experience for than continually dwelling on the nega- to try to re-create a meltdown here. all 73 House Republican freshmen who tive. We have learned from reading in the boasted they had no experience and I yield the floor. paper that the now famous Dick Mor- came here and proved it quickly. The PRESIDING OFFICER (Mr. ris, political consultant to the White I admire Senator Dole, but the fact is BURNS). The Senator from Georgia con- House, spent 5 months planning the a test of leadership in our country is trols the next hour. last shutdown, and we see the exact are you willing to do what is necessary f same characteristics as we come to for this country? Are you willing to trying to bring the year to a logical propose what is necessary? President TAX RELIEF and bipartisan closure. Let us remem- Clinton came in 1993 and made a pro- Mr. COVERDELL. Mr. President, it ber that, unlike a year ago, we have posal that was not popular. He knew is not going to be the subject I in- 60,000 troops in harm’s way right now and we knew people are not going to tended to address, but I could not help in Iraq and Bosnia. We have just belly up to this one and say, well, sign hearing some of the remarks from the watched a hurricane sweep across our me up; please let me have some of other side about how onerous it would eastern shores, and we have families that—spending cuts and tax increases. be if we were to allow the American desperately trying to dig out. We are 6 We knew that was not going to be po- family to keep more of what it earns in weeks from an election, and we ought litically popular. We knew it was going its checking account via tax relief. I to get the electioneering out of the S11504 CONGRESSIONAL RECORD — SENATE September 27, 1996 Halls of Congress, come to closure concealed past criminal records that might the immigration bill was the Gallegly here, lower the anxiety level for all have disqualified some of them from citizen- provision on the free public education those families involved, keep the Fed- ship. . . . of illegal aliens. The provision was, in Of the 5,000 who proved to have criminal fact, contained in a draft conference eral Government on course and move records . . . their alleged crimes ranged from the campaigning to the elections. serious offenses, such as murder and rape, report proposal circulated on the Our majority leader, I believe, has that would disqualify them from citizenship evening of September 10 by Republican done everything humanly possible to to minor violations that would not. conferees. keep this in a bipartisan manner, keep This article says, ‘‘Clinton adminis- At no time in the next 2 weeks, as tempers cool. He has come out here on tration election year program to natu- this draft proposal was circulated, was the Senate floor and offered a resolu- ralize 1.3 million new citizens during I advised that the administration tion that would keep that safety net this fiscal year ending October 1 * ** ’’ wanted to remove title V of that pro- under our troops and under our disas- In other words, it is a rush, it is a po- posal, dealing with restrictions on ben- ter-stricken families. He has offered litical plan we have here to rush people efits for aliens. Indeed, the administration men- both sides six amendments and then through so fast that the FBI cannot tioned the Gallegly provision was real- come to closure on Wednesday night at even provide the traditional back- ly the big item to them; that if we took a logical hour. ground check that would have spotted Gallegly out, the President would sign What was the response? ‘‘No way.’’ these murderers and rapists who are He then offered to start a debate on a the bill. now U.S. citizens because of this politi- In order to accommodate this admin- resolution that would keep the safety cal program. net under the Government this past istration and facilitate passage of this Right here, it reads: very tough illegal immigration bill, Tuesday with no limits on the amend- Because of the rush to naturalize citizens, the Republican conferees dropped the ments in process but an agreement none of this FBI data was available to the Gallegly provision outright, and I ar- that we would finish in an orderly Immigration and Naturalization Service be- gued for the dropping of that provision, manner by Wednesday night. What was fore the ceremony. mainly because I wanted to get this the answer? ‘‘Absolutely not.’’ What kind of nonsense have we got- bill through because there are excel- Then he said, let’s take the Depart- ten ourselves into here? What price are lent provisions in this bill that are des- ment of Defense appropriations con- these elections worth? perately needed. ference report and, with a continuing It reads that: Additional changes were made to ac- resolution, you know, a safety net Prior to the inception of citizenship, USA commodate other concerns expressed under the Government, omnibus spend- officials said the INS generally waits until it by some Members on the other side of ing vehicle attached to it. ‘‘No way.’’ receives the result of an FBI check on appli- the aisle. For example, illegal aliens’ So, option after option is presented, cants for naturalization before granting them citizenship. use of Head Start programs, English as denial after denial occurs, and the a second language programs, and job- But that was pushed aside because clock is running and the troops are training programs would not count in the politics of this program was more still in harm’s way. the determination of whether the alien important. The White House has indicated that had become a public charge and, there- Now we come to this illegal immigra- it wants to make the illegal immigra- fore, subject to deportation. A legal tion bill, and all of a sudden, it has be- tion bill, which is a very, very large immigrant’s use of emergency medical come bigger than running the Govern- piece of legislation on which hours and services would not be subject to deem- ment, and one cannot help but miss the hours and hours have been expended, ing. wants to make this a center point, connection that we have throttled up But the administration is now engag- some sort of a leverage to bring us to this immigration bill, we have used it ing in a shell game. Even though we re- the brink. I am reading from the Los as a wedge against keeping an orderly moved the one item the President said Angeles Times: ‘‘Clinton seeks to halt transition of Government, a safety net would lead to a veto and made still further limits on noncitizens. Holdup under these troops that are overseas, other changes in the September 10 of appropriation would vex GOP mem- our seniors, our children’s programs, draft, and even though the President bers anxious to hit campaign trail.’’ school programs, all set aside for the had 2 weeks to weigh in and did not do Washington—Setting up a confrontation politics of the moment. so, the administration is now calling with Republican leaders, the White House in- The idea of strategically using immi- upon its congressional allies to slow dicated Thursday that President Clinton will gration and naturalization politically, down and even derail this bill unless not sign a must-pass spending bill [that is the idea of a political plan for postur- wholesale changes are made to it. the safety net] until the GOP agrees to ing to destabilize our troops, disaster These changes are coming out of left amend separate immigration legislation. victims, is not a very pretty picture. field. By so demanding, the President There will be others who will speak No wonder there is so much cynicism is acting as the ‘‘Guardian in Chief’’ of to this, but the White House said you about this process that goes on in our the status quo. have to take out the Gallegly amend- Capital City. These tactics make me wonder ment. The Gallegly amendment left Mr. President, we have been joined whether the President really favors States the right to choose to allow by the senior Senator from Utah, by tough anti-illegal-immigration legisla- legal immigrants in schools or not, and the chairman of the Judiciary Commit- tion. Why did he wait until after the it has been argued and argued and ar- tee of the U.S. Senate, by an individual conference to make these demands as a gued. But the Republican leadership of who has been deeply involved in this condition of his support for the bill? the Senate and House said, ‘‘OK. In an process since its inception. I yield up The American people want Congress effort to maintain the safety net, in an to 10 minutes to the Senator from and the President to deliver on this effort to bring a bipartisan conclusion Utah. subject. The Congress is prepared to do to the 104th Congress, we will remove The PRESIDING OFFICER. The Sen- so. Is the President? it.’’ So, they did. After they did it, the ator from Utah is recognized for 10 Let me go over just a few of the White House says, ‘‘No, that is not minutes. items in the conference report that the enough. Now we want more changes in Mr. HATCH. Mr. President, I have to President is helping to delay action on. it before we will agree to sign it.’’ say I am very disappointed. The Clin- This is the illegal immigration con- This reminds me of the system that ton administration is playing political ference report. On border control and apparently Dick Morris organized a games with the illegal immigration re- illegal immigration control, we provide year ago. Let me read from one of our form bill. This is one of the most im- for 5,000 new Border Patrol agents, daily papers, the Washington headline. portant bills of this whole Congress. which are dramatically needed at this It says: The Congress has worked very hard on time if we are going to make any head- Immigration and Naturalization Service this very necessary legislation. way in this battle; 1,500 new Border Pa- officials have learned that about 5,000 of the On August 2, 1996, President Clinton trol support personnel; and 1,200 new 60,000 immigrants naturalized in six days of wrote to Speaker GINGRICH. The only Immigration and Naturalization Serv- mass ceremonies in Los Angeles last month item on which he said he would veto ice investigators, which are very badly September 27, 1996 CONGRESSIONAL RECORD — SENATE S11505 needed. They will not be there unless With regard to interior enforcement, it up. Frankly, the only logjam in get- this bill passes. we provide that State and local au- ting it up happens to be the President We provide for improved equipment thorities will be able to perform immi- of the United States and his cohorts and technology for border control; for gration control functions, including who are all over Capitol Hill trying to an entry-exit control system to keep transporting illegal aliens to INS de- ruin this illegal immigration bill. track of the aliens who are supposed to tention facilities across State lines, To me, I cannot understand that kind leave the United States; and for addi- something that currently we have dif- of reasoning. I cannot understand that tional and improved border control ficulty doing. A lot of States, just to type of activity. I cannot understand fences in southern California. All of get these people out of their States and the President doing this. I cannot un- that is included in just part of this bill. get them into detention facilities, derstand why they are not working Let me go on. would pay for the costs themselves. with us to get this bill through, espe- With regard to alien smuggling, doc- Many States would provide the sher- cially since we made every effort to get ument fraud, and illegal immigration iffs’ deputies and others to get these the Gallegly amendment out of that enforcement, we provide: people out of their States. We provide bill. Increased criminal penalties for alien they can do that, of course, with the To be honest with you, the Gallegly smuggling and document fraud; cooperation and help of the INS. amendment was not as bad as some New document fraud and alien smug- We ensure at least 10 active-duty INS people have been making out. It was a gling offenses; agents in each State. We certainly rule of Federalism. All Mr. Gallegly New Federal prosecutors to inves- think that is critical. Of course, in the and California wanted is for the States tigate and prosecute immigration vio- major border States, we have many to have a right to determine whether lations; more than that. or not they will educate illegal alien That alien smuggling penalties will We improve legal border crossing. kids, at a tremendous cost—$2 billion be calculated for each alien a smuggler We have increased border inspectors to $3 billion in California. has smuggled in; to speed up legal border crossing. I do not think there is a State in this Wiretap authority in alien smuggling We have commuter-lane pilot Union that would decide not to do so, and document fraud cases; and projects for frequent border crossers. even California, in spite of what some A new civil penalty for illegal entry. As you can see, all of these various out there would like to do. But the fact We also make it unlawful to falsely provisions that we have in this bill are of the matter is, it was not a bad claim U.S. citizenship for the purpose absolutely crucial if we are going to amendment in terms of Federalism. It of obtaining Federal benefits, which make any headway against this prob- would not have hurt anybody, in my has been going on now for years, and it lem of illegal immigration. opinion. We even modified it to try to is time to bring a stop to it. This bill I have to tell you that it took this please the President, so we grand- will do it, and this President is stop- Congress to do some of these tough fathered K through 6 and 7 through 12. ping this bill. things. I want to personally com- We provided a safety valve so we could With regard to removal of illegal pliment the distinguished Senator from rip it out of the bill at a future time, aliens, we streamline the removal pro- Wyoming, Senator SIMPSON, for work- with expedited consideration by the cedures so it can happen, so it can be ing so hard as subcommittee chairman Congress. But that was not good done. Illegal aliens who are removed to get it done, and the whole Judiciary enough. will be inadmissible for certain periods. Committee, because it was there that Finally, it came down to literally We revise expedited exclusion provi- we really worked out the difficulties just ripping it out of the bill, calling it sions of the Terrorism Act to ensure between the Democrats and the Repub- up maybe separately, but ripping it out that those with valid asylum claims re- licans, and I think came up with a of the bill to satisfy this President who ceive adequate protections from perse- pretty superior bill, which now has be- said he would not veto this bill if we cution. We take care of those with come primarily the bill that came out got rid of Gallegly. No sooner did we do valid asylum claims. of conference. that, and last night they come up here You can see, these are just a few I want to compliment LAMAR SMITH and said, we want title 5 out of the bill. more of the things that this bill does, and Mr. GALLEGLY and Mr. MCCOLLUM, Title 5 is a pretty important provision all of which are absolutely critical to and others over in the House who have of this bill. As a matter of fact, it con- solving this illegal alien problem in played a tremendous role in this mat- tains a number of very important pro- our country. Let me just go on. ter. visions if we are going to get a handle With regard to criminal aliens—and In the Senate, of course, Senator on illegal immigration in this country. we have plenty of those in this country SIMPSON and everybody on the Judici- It is incredible to me that they would right now; they are causing an awfully ary Committee deserves enormous do that after they gave their word, it high percentage of the crimes in our credit. On the other side of the aisle, seemed to me, with regard to the country today. We have expanded the Senator KENNEDY and Senator FEIN- Gallegly amendment and taking it out definition of ‘‘aggravated felon’’ for the STEIN have really played significant of the bill. purposes of the Immigration and Na- roles, although Senator FEINSTEIN is Mr. President, I see my time is up. tionality Act. We have mandatory de- primarily working with us today to try Let me just finish by saying this. This tention of most deportable criminal to get the bill through. She has done is an important bill. It is one of the aliens. We have improved removal of an excellent job. She has fought hard most important bills in this country’s deportable criminal aliens. for her State. She realizes California, history. We can no longer afford to We eliminate loopholes under which Texas, Arizona, Florida—all of these allow our borders to be just overrun by criminal aliens have stayed within the Southern States, these border States— illegal aliens. There are some indica- United States. We improve the identi- have to have the bill. So she is fighting tions that this administration has been fication of deportable criminal aliens. to get it. At the same time she is fight- soft on letting people into this coun- We increase the Immigration and Natu- ing her guts out, this administration is try, most of whom vote Democratic ralization Service detention space by trying to undercut her and undercut once they get here as noncitizen 9,000 beds, something they tell us abso- what we have done. illegals. Frankly, a lot of our criminal- lutely has to happen or we are going to It is an amazing thing that we have ity in this country today happens to be have an even greater crisis on our been able to bring 535 people together coming from criminal, illegal aliens hands than we have now. in the legislature, at least a majority who are ripping our country apart. A We also have additional financial re- of them, to pass a bill that will make lot of the drugs are coming from these sources for the detention of criminal a difference in this country. people. aliens and other detainees, which is ab- This conference report passed over- This bill will play a significant role solutely critical if we are going to fight whelmingly in the House for good rea- in making a real difference for the ben- and win this battle with regard to ille- son. People over there are concerned efit of our country, and I am calling gal immigration. Let me go a little bit about what is happening. And it will upon the President and the people at further. pass overwhelmingly here if we can get the White House to get off their duffs S11506 CONGRESSIONAL RECORD — SENATE September 27, 1996 and start helping us to get it passed ator MIKULSKI was an original sponsor lie Brown. She says she will not move and quit this type of activity. I yield of it; it had the strong backing of the the ball this year, but every year she the floor. administration—we put $400 million in takes the ball away. Mr. COVERDELL. Mr. President, I that bill for AmeriCorps. We carried it We are beginning to learn very slow- appreciate the remarks by the Senator over to conference with the House. And ly, too slowly I am afraid, that this ad- from Utah. I now yield up to 10 min- the House, many on our side, felt even ministration does not negotiate in utes to the senior Senator from Mis- more strongly in opposition. We made good faith. This administration has souri and the chairman of the appro- the point that we fought the battle and some other game they are playing. It is priations subcommittee on VA–HUD. we won because we knew it was impor- not designed to achieve a reasonable The PRESIDING OFFICER. The Sen- tant to Members on the Democratic accommodation between the parties, ator from Missouri is recognized for 10 side here, to the President. We included minutes. that in the bill. between the legislative and executive Mr. BOND. Mr. President, I thank my Our bill has some very, very difficult branch, to move forward on appropria- colleague from Georgia. I appreciate things. Allocating scarce funds for tions. the opportunity to explain to some of housing, for urban affairs, for the Vet- Now, if there is a shutdown, let me my colleagues, and those who might be erans Administration, for EPA, for assure you it will be a shutdown engi- interested, what is going on with the NASA, for the Federal Emergency neered by the White House and their appropriations process. Management Agency. We worked all allies in Congress. This is where the re- I think all of us know that the time those out. During the course of those sponsibility will lie. has come to shut down this session of conversations, we had not only the Why do we have a number of bills Congress. We have a couple of very im- budget requests from the White House that are not signed? Mr. President, you portant things pending. in front of it, but we were assured that and I have been here while we went The fine chairman of the Judiciary the White House had conversations through the process. Now, a lot of peo- Committee has just described what with and expressed their views to the needs to be done on a problem that ev- members on the minority side in our ple may not understand what we say by eryone recognizes, and that is the prob- committee. the term ‘‘filibuster by amendment.’’ lem of illegal immigration. Can we We came up with what I think was a But for those who do not understand move forward on that bill? I think it is good bill. It passed overwhelmingly. It the procedures of the Senate, unless one of the key elements of a resolution had some additional things on it this you have a unanimous consent agree- of this session of the Congress. But ev- time. It became not just an appropria- ment, unless there is an agreement be- erybody knows that before we leave tions bill, it is an authorizing bill, a fore you start out on a bill, you can town we have to provide the appropria- new entitlement bill. But we got it continue to add things and add things tions measures to keep the Govern- through. and add things. You can never come to ment running and to keep programs Yesterday, at about 10 o’clock, the closure. As Republicans we have 53 going which the Federal Government President signed the VA–HUD bill. He votes. If we wanted to cut off debate we has undertaken as a responsibility. signed it, signed it into law. It is law. have to have 60 votes. We cannot stop I understand that perhaps an hour or The appropriations bill is the law for people from talking or filibustering by so ago the Democratic leaders on this spending for those key agencies for the adding amendment after amendment side and on the House side had another coming fiscal year. after amendment. That is what was one of their infamous non-infomercials, Imagine my surprise when I was sum- done on Treasury-Postal. I worked on a news conference in which the facts moned to a meeting of the negotiators the Treasury-Postal bill in the pre- were not necessarily the absolute re- on the omnibus appropriations bill to vious Congress as the ranking member, quirement of any of the discussions. I handle the unresolved issues in appro- and it funds some very important believe they were talking about how priations. I was told by Mr. Panetta, a things—White House, Treasury, Cus- the Republicans intend to shut down representative of the White House, that toms, GSA, things like that are very, the Government again. they wanted to put $160-plus million in very important. There are not 50 dif- Let me be clear about one thing, Mr. the VA–HUD bill. I said, ‘‘Excuse me, I ferent amendments that needed to be President. The distinguished occupant believe the President just signed the offered to that bill. of the chair chairs an important appro- bill yesterday.’’ They said, ‘‘Well, the priations subcommittee. The appro- President had some reservations and he I remember one of the measures we priations bills are extremely impor- wanted more money.’’ voted on was a measure to establish a tant, and we work on those appropria- There are a lot of things, Mr. Presi- new Federal responsibility, a new Fed- tions bills on a bipartisan basis. dent, on which I wanted more money. eral responsibility relating to guns in I have the pleasure of serving as We did not put enough money into the schools. Mr. President, if there is one chairman of the Veterans’ Administra- preservation of low-income housing. area where the Federal Government tion, Housing and Urban Development, We need to do more in terms of an in- has not been before, it is in local law and Independent Agencies Subcommit- vestment to make sure we have an af- enforcement. I suggest that the Fed- tee. And on that subcommittee, I am fordable housing stock, that we have eral Government has fallen short in greatly aided and assisted by my rank- the stock of housing that is either pub- those responsibilities which are prop- ing member, Senator Barbara MIKUL- licly owned or reflects public assist- erly the Federal Government’s respon- SKI, a Democrat from Maryland. ance through section 8 programs in sibility. Now, we often have disagreements on this country. If we had more money in We fought—and when I was the rank- those measures, but we work them out the budget I could find some very, very ing member, Senator DeConcini was here on the floor. We can, in this body, important places to put it in terms of the chairman of the committee, my pass measures that are greatly objec- housing, in terms of science, space, and good friend from Arizona—we fought tionable because of the right of any environment, giving more money to against cutting back on the Customs Senator to filibuster. So we, in essence, the States for their State revolving work in interdiction, to stop drugs need to have 60 votes for a controver- funds. coming into this country. We have cut sial provision in any measure. And we The White House said, ‘‘But we want too much in the Federal law enforce- customarily operate on the basis of to add some more money to your bill.’’ ment agencies. We certainly do not courtesy to take into consideration the I said, ‘‘This is the bill that you signed need to be setting up new Federal re- views of the minority. about 26 hours ago.’’ They said, ‘‘No, sponsibilities which directly overlap In this VA–HUD bill, we went a long we had reservations.’’ way because there were a lot on this Mr. President, I heard of the old and are totally inconsistent with local side of the aisle who were not thrilled trick of moving the goalposts. Some law enforcement responsibilities. about AmeriCorps, the national service may like the analogy of the Peanuts But that amendment was voted on on program. Yet, as an accommodation to cartoon strip, where every fall Lucy the Treasury-Postal appropriations those who felt strongly about it—Sen- promises to hold the football for Char- bills, after 3 days on the floor, a bill September 27, 1996 CONGRESSIONAL RECORD — SENATE S11507 which should take at most 2 days to de- We have been joined by the senior She and Senator BOXER are more af- bate those issues, that genuinely relat- Senator from Wyoming who is the pre- fected than anybody else in this place. ed to appropriations for Treasury-Post- eminent authority on legal and illegal They have stepped up to the plate, and al accounts. We had so many amend- immigration and has been undergoing it is a great honor to work with them. ments still hanging out that the major- this moving goalpost now for some pe- So we are going to get down to title ity leader had to withdraw the bill. riod of time. I am glad he could join us. V. I said we are going to go to cloture We went on to Interior, to try to get I yield up to 10 minutes to the Sen- next Monday on that bill, and we have a resolution for those. Then the amend- ator from Wyoming. about 70 votes in our pocket, which ments kept coming out of the wood- Mr. SIMPSON. I thank my colleague will get you cloture in any ballpark work. If anybody does not understand from Georgia, Senator COVERDELL. I here; you need 60 votes. So most of the it, I can tell you unless you have 60 think it is tremendous that you have Republicans would vote for cloture, votes and can invoke cloture contin- arranged this bit of time to share with and thanks to the work of Senator ually, you can continue to hold this the American people so we each get to FEINSTEIN and others on that side of place hostage by offering amendments step forward and tell the theory of the the aisle, we would get cloture because or talking as long as you want. moving of the goalpost. To me it is the there are 15 to 20 Democrats who will Now, we have made a good-faith ef- moving of the stadium. I think they get cloture for us and help with that. fort across the board to get the appro- moved the end zones, the stadium, and So here we are. priations bills done. I have no interest as far as I know, the campus. We will On August 2, the President wrote a in going back and reopening one of the review this for a minute. letter to the Speaker to express con- appropriations bills that has been I have been doing this stuff for 31 cern about a single provision of the im- signed. More and more ideas keep years. It is called legislating. You do it migration bill, which was authorizing floating in from the White House. They with Democrats if you are a Repub- the States to deny a free public edu- want to add this. They want to add lican, and hopefully if you are a Demo- cation to illegal aliens. The President that. They want to write their own leg- crat, you do it with Republicans. It threatened to veto the conference re- islation. It is as if they never worked cannot work any other way. port if that provision or anything like in a government where there was a Over the years of my time here I it was included. No other provision was strong opposition party—in this case, a have served as chairman or ranking opposed in that way. party in control of the Congress. member with some very unique par- After several weeks of hard, consider- I came from Missouri where I served tisan people. Senator Al Cranston with able debate and efforts to develop an as Governor for 8 years with a 2–1 the Veterans’ Affairs; Gary Hart, nu- acceptable compromise—admittedly, it Democratic majority in both houses. I clear; TED KENNEDY, Senator KENNEDY, was done, I think, in too much of a par- learned early on, I had to learn, that with Immigration and Judiciary; JOE tisan way, but it was done and every- bipartisan cooperation, comity, hon- LIEBERMAN, BOB GRAHAM, nuclear; JAY body knew what happened; everybody esty in dealing with the other side was ROCKEFELLER. has seen the conference report—we essential to make the process move. These are the things that I have agreed to delete the provision that was We do not have that here. It is perhaps done. It has always been done with ci- very popular in the House and had con- the fact that the President comes from vility. It has always been done openly siderable support in the Senate. Yet, a one-party State. and honestly. I can’t function in an at- within the last day or so, the White All I can say is we are doing our work mosphere where people lie. That is House and Democrat allies have moved on appropriations. We are going to what is happening here, and I am ap- the goal posts. They have been at- move forward on appropriations. I hope palled by it. Let me tell you, it isn’t tempting to obtain even further our leaders will make the best offer about TED KENNEDY, who is one of my changes. All the time there is some- they can, trying to guess what the most delightful friends, and I have the thing new. White House’s latest demands are to highest respect for him. Let me tell You have had it reported here. I have accommodate as many as they can. If you what happened yesterday. Get it never seen anything like it in 31 years they will not, we should do a continu- down. The administration, the White of legislating. It would be bad enough if ing resolution and get out of town. House—remember, they told us if we this were done by another veto threat, One last piece of business that we would take the Gallegly amendment and early in the session. But this time have from the small business commit- off the immigration reform bill, it the President is attempting to black- tee, since my colleagues on the other wasn’t, ‘‘Well, I might,’’ but it was, ‘‘I mail this Congress into accepting the side are not present I will not at this will probably sign it.’’ It was said that changes he wants in the immigration point ask unanimous consent to pro- way. We didn’t have any reason to be- bill, as well as changes in several other ceed to H.R. 3719. That is vitally impor- lieve they would not sign it at the bills. Get this one: You could tell by tant if we are to keep the lending pro- White House. the tenor of the discussion when the grams, 5047(a) program, SBIC program Last night, in good faith, myself, White House person entered the room working, for the Small Business Ad- Senator KENNEDY, HOWARD BERMAN, a last night that what they were really ministration. It is being held up on the Democrat from California who I de- trying to do was get the stuff they minority side. I will come back and ex- light in and enjoy very much, Con- could not get in the welfare bill and get plain in detail why the SBA and small gressman LAMAR SMITH, who is just one it out of the immigration bill and cor- business in this country needs that of the most splendid young men I rect the deficiencies in the welfare bill. measure. I hope the hold is lifted so we know, who does a tremendous job with I am not having any part of that. The could pass this measure, many of the the chairmanship of immigration, the President signed the welfare bill. I provisions of which have already been four of us sat down to see if we could commended him on that. I thought passed in this body. give a little on title V because the lat- that was great. He got flack and he I acknowledge and appreciate the est request from the White House was, wants to change some of it. But he work of the Senator from Georgia. ‘‘If you get rid of title V, we will com- isn’t going to do it on this watch and, Mr. COVERDELL. Mr. President, I plete all the work on the CR and sign surely, he is not going to do it with an thank the Senator for his remarks. The it by tonight at midnight.’’ The only immigration bill. I can assure you of moving goalposts, as he has described, thing wrong with that is nobody had that. become clearer and more evident with ever agreed to give up title V—not Then we have this threat to refuse to each passing hour here in the Nation’s ORRIN HATCH, the chairman of the com- sign the CR. We have the threat to Capitol. Unfortunately, the anxiety mittee, not Senator KYL, a member of close the Government. Let me tell you, level of those—not suffered by us—by the subcommittee, not Senator FEIN- that won’t work this trip because we the families of the troops overseas and STEIN, who has been an absolute stal- are going to stick around to see that flood victims and all those people de- wart in working with me; she deserves the Government does not shut down, pendent on the system, needing the extraordinary credit for doing strong, because we are going to shovel this safety net we are trying to put in strong legislative work in an atmos- back and say there is nothing in there place. phere of high emotion from her State. that would shut the Government down. S11508 CONGRESSIONAL RECORD — SENATE September 27, 1996 The Democrats and the Republicans in That is in title V. ducted himself as a Senator. The fact the House and the Senate, trying their Without the prohibition on States that he has been honest, and the fact best, did what they could. If they fail, treating illegal aliens more favorably that he has been diligent in everything then the Republicans, which is the than U.S. citizens, States will be able he has done around here, lends great duty of leadership, produce a bill. If the to make illegals eligible for reduced in- credence to what he is talking about President wants to veto it, do so. State tuition at taxpayer-funded State here today. So here we are. You can see the sce- colleges. Frankly, let me just pledge to the nario—oh, it is so vivid. Tuesday, we That is in title V, together with all Senator—not that I can be of any help, will have to think about closing the the stuff to clean up their use of unem- but I agree with everything he has said Government. Guess who will take the ployment compensation, their use of here on the floor. In fact, I think there flack for that? Those bone-headed Re- the Social Security system, and much, is a lot of game playing going on right publicans that let it happen the last much more. now, not only with reference to that time. That is not going to happen this That is what is in title V. bill but also the immigration bill. But trip because there is nothing in there There we are. I thank Senator FEIN- there are a lot of other things going on to veto. It is called doing the business STEIN for being most courageous in the about who is going to be responsible for of the United States. It is done by peo- face of the onslaught that I am sure closing down the Government. Every- ple like MARK HATFIELD and Senator she is going to get. I want to commend body is on that kick. We have a few ROBERT BYRD, and by people like Sen- Senator KENNEDY, who worked with me hours, and we have to get our work ator MIKULSKI and Senator BOND, and until 2 in the morning to do a package, done. That is what the Senator has which must have drawn such a great it is done by people like Senator FEIN- been talking about—getting our work big chuckle this morning when it got STEIN and Senator SIMPSON; it is done done. There isn’t anybody trying to down to the White House. I have been that way over here. Maybe the White close the Government down. And the doing this a long time, and I have al- House does not understand that, but I President is getting almost everything ways done it with absolute honesty. I understand it. he has asked for in major expenditures have done it with orneriness, with pas- So now what are the changes that we in terms of education, and in terms of sion, and I have done it with glee, with want here? Oh, well, title V, get rid of the environment. What is there to grief, but I didn’t lie. This is appalling, title V. Why would you want to get rid close the Government down over? It absolutely appalling. of title V? I will tell you what is in it. can’t be the kinds of things he was Without the requirements that spon- If the trick is simply to shut down talking about last year. It must be sors earn at least 140 percent to 200 per- the Government, well, that is nothing. something very strange that is in cent of the poverty line, welfare recipi- I never spent a nickel’s worth of time somebody’s craw around here. And I ents will be in a position to sponsor im- figuring out how to do a bill that would wonder just precisely who it is and migrant relatives, even though they go to the President so he would veto it what the agenda is. will be unable to provide the support so he would lose California. That has never been in my scenario—never I do not think we ought to be threat- for that relative that they have prom- ening each other with closing down the ised. These immigrant relatives will would be; don’t care about that. I care about doing something about illegal Government, or using tricks, or gim- then be able to qualify for welfare pro- micks to try to blame it on somebody. grams costing the United States bil- immigration. We couldn’t do anything about legal immigration. That is for We can get this job done, and get it lions of dollars. done right. Every piece of legislation That is in title V. another date. Without the amendments making a Ladies and gentleman, this is a that is ever dreamed up can’t get ‘‘public charge’’ deportation effective, strong, potent, powerful bill. And, if all passed. With 200 amendments around immigrants who go on welfare soon goes well, it will be voted on; Monday here that have nothing to do with ap- after their entry will be able to con- at 2 o’clock on a cloture vote. And clo- propriations, we can’t fix all of those in tinue to receive it indefinitely, without ture will carry. The debate will be cut the last 72 hours of the U.S. Congress. I didn’t come down here to talk on fear of deportation. off, and after the hours of postcloture That is in title V. and debate are over, we will do that on that. I came to take on the economy Without ‘‘deeming’’—in other words, through the night, we will vote. We and a few of the contentions presented considering that the petitioner and his will do an immigration bill, and place on the floor of the Senate by some on or her income is that of the immi- it on the President’s desk. I hope and the Democratic side about the status of grant—for immigrants now in the pray that he will sign it. But it isn’t the economy. If I get enough time country, many immigrants will con- crafted to blow up in his face, and it when I am finished analyzing what tinue to receive welfare, even though was not crafted by people who come to really has happened and whether there their middle-class or wealthy relatives Congress, as they have been doing in is really anything to brag about in who sponsored them are perfectly able these last days who stand in front of terms of how the economy has pro- to provide needed support. you and do something different than ceeded in the last year or two, if I have That is in title V. they said they would do before. And I enough time, what I have to say will fit Without the new welfare verification am sick of it. right into why Senator Dole has a new requirements, illegal aliens, who claim Mr. COVERDELL addressed the economic plan. to be U.S. citizens and just stand there Chair. Let me first suggest that yesterday and say they are, will continue to re- The PRESIDING OFFICER. The Sen- some Census data came out that per- ceive assistance, such as AFDC, Medic- ator from Georgia. mitted the President of the United aid, and public housing. Mr. COVERDELL. Mr. President, I States and some Members of the other That is in title V. am grateful to the Senator from Wyo- party to tell the American people that Without the provision authorizing ming for coming and sharing these last things are really going right, and that full reimbursement to States—listen to 2 days with us, and the American peo- the economic facts are really on the this one—now being forced by Federal ple. It is quite an alarming story. side of staying the course that the mandate to provide emergency medical We have been joined by the senior President has set for America. services to illegal aliens, the heavy Senator from New Mexico, the chair- One of the things that they talked burden of that mandate will continue man of the Budget Committee, and I about has to do with real median to grow. yield up to 10 minutes to the Senator household incomes. Listen to this. That is in title V. from New Mexico. They are saying the real median house- Without the provisions expediting re- The PRESIDING OFFICER. The Sen- hold income rose. And so they are say- moval of illegal aliens from public ator from New Mexico. ing we are on the right track. It is housing—which is the work of Senator Mr. DOMENICI. Thank you, very going up. REID and what he has been talking much, Mr. President. I thank the Sen- Let us get the numbers and let us get about for years—illegals will continue ator from Georgia. the facts. It rose from $33,178 in 1994 to to occupy public housing, displacing Let me thank Senator SIMPSON for $34,076—not a significant increase, but U.S. citizens and lawful resident aliens. his forthrightness and the way he con- an increase. But what was not said was September 27, 1996 CONGRESSIONAL RECORD — SENATE S11509 that even as it has increased, it is still some limited good news about 1995 me- curred during his Presidency. In fact, lower than it was in 1990 under Presi- dian incomes says the following: For the income distribution is far more un- dent Bush. It was only higher in 1995 men in 1995, real median earnings were equal today than it was in 1992, the last relative to the low levels it fell to in down 0.7 percent, and for women, real year of the Bush Presidency. the early 1990s. It increased in 1995 be- median earnings were down 1.5 per- Coupled with these above facts, there cause it went down after 1990 during cent—not up; down. In fact, real me- are other striking economic woes that this era that the President claims is a dian earnings have fallen in every year now face the U.S. economy. We are ex- great economic era and we ought to of the Clinton administration for both periencing the slowest growth rate of maintain the status quo. Under the men and women. any recovery in the last 50 years. We Bush administration it was $34,914, That brings me to what I would have have the lowest productivity growth which is almost $900 higher than it is been saying on the floor in light of during any Presidential term in the now. The year 1995’s level only rose some of the discussions about the Dole last 50 years. Tax burdens for middle from 1994 because it was recouping economic plan. And I am going to run income individuals have risen sharply some of the ground lost in the preced- out of time. But it is a perfect entre to under this President. The personal sav- ing years. say to those who want to listen, that ings rate is now at its lowest average Arguments are also being made that the distinguished Republican majority level of any President’s term in 50 Census data shows a lessening of in- leader who is running for President of years. With this unfortunate backdrop, come inequality in 1995. They note that the United States had two options on it is no wonder that many Americans the income share of the top quintile the economy when he decided to run. wonder why they are working harder has gone down some, thus bridging that One was to say, ‘‘The status quo is and getting less for their work. gap between the poor and the rich, or neat. Let us just stay on the status quo Senator Dole, as I indicated in my the rich and the poor. Let us look at for the next 4 years, if I am elected earlier remarks, looked to five or six of that. President.’’ That would have put him the best economists around and they In 1995, there is seemingly something right alongside of our President saying suggested it need not be this way; that to brag about because the top things are really going very well. Or he we ought to be able to do it better. quintile’s income share went from 49.1 could ask some experts for the best we What they suggested, he adopted after percent to 48.7 percent, four-tenths of a can put together. ‘‘Can we do better? a few months of study and discern- percent down. What isn’t said is that Should we do better?’’ He did that. And ment. the income distribution was much the answer given by eminent econo- The conclusions reached were that more fair in 1992—at that point, the top mists—not wild-eyed economists with Senator Dole and his running mate quintile had only 46.9 percent of the new theories, but mainstream Nobel should not run for the White House, total income pie. Thus, income in- laureate economists—was, ‘‘We can do based upon trying to keep the Amer- equality was much less when the Presi- better and we should do better.’’ Then ican economy as it is now and keep the dent was inaugurated, it then worsened the question was asked: ‘‘How do we do fiscal policy as it is now and the tax significantly, and then eased back frac- it?’’ And, interestingly enough, what policy as it is now and the regulatory tionally last year. For this, we should our candidate for President has been policy as it is now and the education tell America the economy is doing busy trying to do is to argue for the policy as it is now, because to do so is splendidly? When in its best status six-point plan they recommended, a to extend this very serious negative under President Clinton, income in- plan which would produce some eco- backdrop of the American economy for equality is still worse than the last nomic figures that would be truly wor- working men and women. The wealth year of the previous Presidency. thy of boasting about. I am not here machine that is enumerated in the I do not choose to make this a battle saying he has presented his message gross domestic product is not getting among Presidents in a partisan fash- magnificently. But, I believe that if the big enough each year for those people ion. But I do choose to say that when details of his plan got out to the public working to get more for what they do, I left the White House yesterday at a more fully, it would change the elec- rather than stagnating or getting less. bill signing, I heard our President tion as people identified increasingly Essentially, Senator Dole concluded, make these statements. Somebody with his vision of America. as I urged him to do, that we ought to wanted my comments. I will tell the Mr. President, I have just summa- try to do better, and that meant he had Senate what I said to that newsperson. rized for the Senate what the situation to come up with an economic plan that I said, ‘‘I do not want to comment now, is with reference to incomes for men experts would say would do better. One because I want to go back and look at and for women in the year 1995. And that would ensure that the earnings of the facts because something intu- even though some Members on the all Americans and median household itively tells me that there is another other side of the aisle and the Presi- incomes would be up in 7 or 8 years as side to this story.’’ I came back and dent have touted an increase in real compared with 1992 or 1996 or 1995. asked: Is there? I just told you that, in- median household incomes in the year These economists recommended six deed, there is. 1995, I remind the Senate that is the things. Six things are his plan. Where Let me take another one. We are case only as compared with 1994. But if people have learned about these and talking about trying to have the lower you look to 1990 during the Bush ad- understand them, they opt for this eco- income people get a bigger share of the ministration, median household in- nomic direction instead of the status economic pie when compared with the come was higher than it is today. Fur- quo. First, he suggests that to get wealthier people. So bragging is going thermore, throughout every year of the there we ought to adopt a constitu- on that in fact the bottom quintile did Clinton administration, real earnings tional amendment to balance the budg- increase its share a little bit in 1995, in for full-time workers have fallen. They et. Clearly, I believe it is fair to say terms of the size of the income pie that grew by minus seven-tenths of a per- that whomever is President next year they took in. There again, it is inter- cent for men, and minus 1.5 for women. can cause that to happen, for it would esting to note that that the bottom That means we are not making any already be out there in the States with quintile’s income share was higher in real headway in what people are earn- ratification working had this President the last year of Bush Administration ing for the time they spend working wanted it, for all he had to do was say than it is now during the bragging trying to get ahead. the word and one or two—I cannot re- year. It only went up in 1995 because It also means that income inequality member which—Democrats would have their share went down so far during the is not getting any less. The President clearly gone with him. first 2 years of this administration. has championed the fact that the The next key item is a program to But most importantly, there is an- wealthy people’s share of the total in- balance the budget by the year 2002. other aspect of the Census report which come pie came down in 1995. While this Might I say in that regard that there concerns me greatly - real median small move toward lessened income in- are some who insist that he tell us earnings for full-time workers in equality is welcome, this gain is small how, our candidate for President Dole, America are still going down—not up. in comparison to significant widening tell us precisely how he would do that. The very same survey that yielded of income inequality which has oc- Mr. President and fellow Senators, he S11510 CONGRESSIONAL RECORD — SENATE September 27, 1996 is not President, he does not have OMB truly not necessary for the American status quo where real median house- with a couple hundred staff. He cannot people’s well-being. Such litigation ex- hold incomes are worse than in 1990, produce a 1,000-page document. But he tracts an enormous cost from the econ- where, for men and women who are em- has said essentially here are some omy, which goes to attorney’s fees and ployed full time, average earnings are things I would do. There are two parts court costs, public punitive damages still coming down, not going up. That to it and they are both easily under- and things like that that almost every- means, contrary to the braggadocio of stood. Adopt this year’s Republican body thinks are significantly out of this administration about what kind of budget and implement it, and then re- hand. To the extent that cost is put on jobs are coming on, that facts seem to duce spending over the next 6 years, 1 the economy, there is less there for indicate many of the new jobs are percent a year for a total of 6 percent wage earners to get in their paychecks cheap jobs, where the administration over 6 years. and for small business to earn as the would suggest they are not. That fact Now, what do you get for that is businesses grow. that I just gave you would indicate, what the American people ought to And then last but definitely not since there are more jobs but median ask. And they get the next part of this least, if you are going to have more real earnings are still coming down reform. And it is tax rates are cut 5 productivity in America and begin to rather than up for full-time workers, it percent a year for 3 years—a 15-percent reduce income inequality significantly would mean they are not getting better reduction in tax rates. Let me spell out and permanently, we must reform our jobs, in terms of the new entrants in what this means for ordinary citizens. education system. Others have dif- this job market. A married couple with two children ferent solutions. They say ‘‘why don’t So, when you add all these up, I con- earning $30,000 would save $1,272 per you tax the rich more?’’. Well, let me clude—and since the issue was raised year. A married couple with two chil- give you a very living example that it on the floor today I thought I would dren earning $50,000 would save $1,657 does not work, because we have taxed give my version to whatever Americans per year. A retired couple with no chil- the rich more under this President’s are listening and to whatever Senators dren earning $60,000 would save $1,727 economic policies and, lo and behold, truly care—I think it can be done, I per year. the spread between the rich and the think we can do better than today’s This is money that average citizens poor got bigger. I just told you that in status quo. in our sovereign States would keep. my previous remarks. Let me suggest, for those of us who Money that now gets sent to Washing- It did not get littler; it got bigger. In have been trying to move this huge ton in taxes. They could keep and fact, the President is bragging today battleship, the battleship of Federal spend this money however they see fit, because in 1 out of the last 3 years, in- expenditures, which turns ever so slow- instead of under the Federal Govern- come inequality came down a bit, but ly in this huge ocean of demands, of ment’s budget and programs. it never was as favorable as it was in people wanting more from their Gov- In addition, the capital gains tax, the last year of President Bush’s term. ernment, it moves slowly. But for which is an onerous imposition upon So, that is not a solution. those of us who want to continue the the sale of assets and the sale of invest- Almost everybody says we have to do movement in the direction of balancing ments would be changed to be 50 per- a better job of training some Ameri- the budget, we can say to those who cent of what it is now, or 14 percent. cans who are not getting educated very will listen to us about the Dole plan: If All our industrial partners in the world well, not getting trained very well, and we cannot do it, we cannot prove bal- tax these kinds of asset sales much less thus do not get in the mainstream and ance, then we will not do the plan. If than we do, and they make their cannot earn good money on good jobs. we cannot prove balance, we will not money and their resources work better One of the economists advising our have the tax cuts. If we cannot prove for them, and make the economy more nominee, the Republican nominee, is a that we know how to turn the expendi- vibrant. We must do the same. This is Nobel laureate named Dr. Becker, from ture ship in the direction of balance, a direct effort to cause growth to occur the University of Chicago. His exper- then obviously we will not carry out more. It would make productivity go tise is the development of the human this plan. up, for there is more to invest and side, that is people development in a I thank the Senate for the time, and more to be saved. capitalistic society. The recommenda- I yield the floor. His fourth point was to do away with tion is that President-elect Dole be Mr. COVERDELL addressed the the IRS as we know it. bold, and he say boldly and firmly: We Chair. Furthermore, in his first term, he in- are going to make education in the The PRESIDING OFFICER. The Sen- tends to reform the entire tax struc- ghettos and in the barrios and in the ator from Georgia. ture, to press hard for savings and in- areas where our young people are get- Mr. COVERDELL. I have an agree- vestments which are now penalized ting inferior education, we are going to ment from the other side to have 5 under the code because, for the most change that even if we have to give more minutes under my control of the part, they are taxed twice. them scholarships to move out of that time for the Senator from Texas. And that left two other major points, area to get educated in another school. Mr. DOMENICI. I yield the floor, and for you can see this plan of his is not There would be a whole reshuffling, if I can find time later in the after- just a tax cut, tax reform plan. reorganizing, reforming of how we edu- noon, I will complete this. The two remaining issues are very cate those who are getting poor edu- Mr. COVERDELL. If I might, Mr. important. Modify the regulations on cation in this system, for whatever rea- President, tell the Senator from New business in America so that you keep son. While we are busy about that, the Mexico that after her 5 minutes, it will those that are needed and effective, way we train post-high-school kids and go to a period of morning business and you reduce those that are not ef- young people for living jobs in the until 5 and there will be ample time. fective and not needed. Now, how does workplace, that we take the money we Mr. WARNER. Mr. President, reserv- that help? To the extent that we are are spending and, instead of throwing ing the right to object, if that is—— spending money for excess compliance, it around in hundreds of programs, that Mrs. HUTCHISON addressed the it cannot go into the pockets of our we focus it clearly in a competitive Chair. working people. It cannot be part of way, with a lot of choice on the part of Mr. WARNER. Could I be recognized real growth for it goes into unneces- the recipients, in an improved job for a period of time following the dis- sary expenditures that cool the econ- training program. tinguished Senator from Texas for a omy rather than let it grow. Now, Mr. President, for those who period not to exceed 5 minutes, with On that score he recommends in this would choose to say this plan cannot the understanding that an equal plan that the best economists in Amer- be done, I merely suggest that they do amount of time should be offered to ica helped prepare, that the justice sys- not know Robert Dole. They do not Senator Bob GRAHAM of Florida. The tem, the civil justice system should be know these marvelous economists, full- purpose for the Senator from Virginia also amended, modified and made more blooded, true-blue Americans, main- and the Senator from Florida is to in- responsive by eliminating some of the stream, but the best, who say the sta- troduce a bipartisan bill for consider- drag and costliness of litigation that is tus quo of today is not good enough. A ation by the next Congress. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11511 Mr. COVERDELL. If I might respond mous-consent request as it applied to from Wyoming for an outstanding job to the Senator from Virginia, I am the Senator from Texas, the Senator on a bill that really will put teeth in going to ask unanimous consent for 5 from Virginia, the Senator from Flor- the laws against illegal immigration minutes to be accorded to the Senator ida, and the distinguished Senator into our country. He has been working from Texas, and then under—— from West Virginia. for months in a bipartisan way to Mrs. HUTCHISON. Mr. President, The PRESIDING OFFICER. The make sure that before the end of this will the Senator yield and let me just Chair will ask the Senator from Geor- session we did a meaningful job of ad- ask if he would consider letting Sen- gia to restate his unanimous-consent dressing a terrible problem in my State ator DOMENICI finish with 3 minutes request. and for the whole country, and that is and then giving me my 5 minutes, and Mr. COVERDELL. I am asking unani- an influx of illegal aliens that is caus- then I think perhaps Senator BYRD is mous consent the time I control be ex- ing the taxpayers of my State and our going to ask for some time. So we tended 5 minutes to accord the Senator country millions of dollars. could work something out so that ev- from Texas 5 minutes; following that The senior Senator from Wyoming eryone would have an opportunity with unanimous consent, that 5 minutes be worked until late in the night last granted to the Senator from Virginia, Senator WARNER as well. night trying to make sure that this bill Mr. DOMENICI. Do not ask for me to followed by the Senator from Florida stays together. All we have heard from have 3 minutes because I want to use for 5 minutes, and then to be followed the White House is that the White the regular order as best we can, and I by the Senator from West Virginia for House objected to the Gallegly amend- up to 30 minutes, and that the hour of need more than 3 minutes. ment, and beyond that would sign the morning business be extended until the The PRESIDING OFFICER (Mr. JEF- bill that was indeed a bipartisan bill in hour of 5:30 with statements limited to FORDS). The Senate is now in a period both Houses of Congress. 5 minutes each. Today, we have a change of mood, of morning business. Mr. GRAHAM addressed the Chair. Mr. COVERDELL. Let me ask unani- Mr. BYRD. Mr. President, reserving and all of a sudden now the bill that mous consent that the hour of con- the right to object, I do not want to be will stop, or at least give us a chance trolled business under the Senator limited to 30 minutes. But I will be to stop, the illegal immigration into from Georgia be expanded 5 minutes— very considerate of the desires of oth- our country is now being held up by the and we talked to the other side of the ers to speak. White House saying, no, we want you aisle—so the Senator from Texas may Mr. COVERDELL. I would amend the to take out title V. Now, title V would, finish her remarks. I will then ask unanimous consent to extend the Sen- in fact, take out the enforceability of unanimous consent that the period for ator of West Virginia the time that he the welfare reform bill that also passed morning business be extended until the needs, but that there be a period of this body and this Congress over- hour of 5 with statements limited to 5 morning business to extend 30 minutes whelmingly. minutes each, which I believe will ac- at the conclusion of his remarks with It is time for us to have an integrity cord the Senators from Virginia and statements limited by each Senator to in the system that says once you come Florida their opportunity. up to 5 minutes. to an agreement, it is an agreement, Mr. WARNER. And the Senator from The PRESIDING OFFICER. The Sen- our word is good, and we go forward. Florida, Mr. GRAHAM. ator from Florida is recognized. We cannot have the goalposts changing Mr. COVERDELL. Yes. So I ask Mr. GRAHAM. Mr. President, reserv- every time we make an agreement. I unanimous consent that the period I ing the right to object, and I hope not believe that Senator LOTT has really control be expanded for 5 minutes and to, will the Senator from Georgia add tried to work with his colleagues on that that time be dedicated to the Sen- at the end of the statement by the Sen- the other side of the aisle to offer them ator from Texas. ator from West Virginia 20 minutes. I all of the options to do what is the re- The PRESIDING OFFICER. Without had 20 minutes earlier in the day which sponsible thing that we must do in objection, it is so ordered. was taken for another purpose. I would order to fund Government before Octo- Mr. BYRD. Mr. President, reserving request 20 minutes at the conclusion of ber 1 when the fiscal year ends. the right to object. the Senator from West Virginia in A week ago, Senator LOTT asked Sen- The PRESIDING OFFICER. The Sen- morning business. ator DASCHLE if he would like to have ator from West Virginia is recognized. Mr. DOMENICI. Mr. President, re- a continuing resolution offered in Mr. BYRD. And I shall not object, serving the right to object—— which there would be six amendments but I would like to be recognized fol- Mr. COVERDELL. I would have to on each side, and then we would pass lowing the distinguished Senator from check, I say to the Senator from Flor- the continuing resolution that would Virginia and the Senator from Florida ida. I would have to check with the fund Government. That was rejected. about whom he has referred. I would leadership before I could agree to that Then another offer was made. Let us like then to be recognized for such position. But I have agreed to the 5 start debate on Tuesday on a continu- time as I may consume. That time minutes in accordance with the Sen- ing resolution to make sure that we do would be probably 30 minutes, 35 min- ator from Virginia. The Senator is in- the responsible thing and keep Govern- utes, or some such. I want to speak cluded in that. ment going. Unlimited amendments on about the great senior Senator from The PRESIDING OFFICER. Is there either side, but we finish by Wednesday Georgia, who will be leaving us, and I objection? Without objection—— night. That was rejected. The last offer do not want to be cramped for time. Mr. GRAHAM. Mr. President, I will was a Department of Defense appro- But I will not overstay my welcome on withdraw my objection at this time, priations conference report that all the but I want to alert the Senate that at the Senate floor. So I would like to be other spending bills that are now out- some time I will be reinitiating my re- recognized at that point for not to ex- standing would be put together with, quest for 20 minutes for purposes other ceed such time as I may consume, and that has not yet been accepted. than that which I am going to speak in which probably will not be more than The time has come for it to be called conjunction with my colleague and 30 minutes, but it could be 35. what it is. That is a delay tactic, an in- friend from Virginia. Mr. COVERDELL. If I might respond ability to come to an end, a closure so The PRESIDING OFFICER. Without to the Senator from West Virginia, I do that we can all do what is responsible, objection, it is so ordered. not know the purpose for which the Mrs. HUTCHISON addressed the and that is fund Government. leader asked for morning business to be Chair. I think Senator LOTT is trying very extended until 5. The PRESIDING OFFICER. The Sen- hard. Senator HATFIELD was up until I am advised that is certainly appro- ator from Texas is recognized. 4:30 in the morning this morning trying priate, and I am glad to accord the Mrs. HUTCHISON. I thank the Chair. to negotiate in good faith with the Senator from West Virginia the appro- f White House and both sides of the aisle priate time he is seeking. and both sides of this Capitol, trying to Mr. BYRD. I thank the Senator. GOOD FAITH NEGOTIATIONS do the right thing, but has been Mr. WARNER. Mr. President, could Mrs. HUTCHISON. Mr. President, I thwarted at every step either by delay the Chair restate the entire unani- wish to commend the senior Senator tactics during the process of handling S11512 CONGRESSIONAL RECORD — SENATE September 27, 1996 the appropriations bills for the last few I don’t think that any of the Sen- House of Representatives before com- months or delay tactics right now. ators that I can recall at the moment ing to the Senate, and his predecessor, Mr. President, we are trying. Our who voluntarily retired with honor Senator Richard B. Russell. leadership is trying. We want a bill for from this body were Senators about While Senator NUNN has only served illegal immigration that all of us have whom nothing good could be said. But as the chairman or ranking member of agreed to. Now is not the time for the shortly, we will witness the departure the Armed Services Committee for 12 White House to step in and change the of one of the truly outstanding United years, his record of achievement and level of negotiation. We were finished States Senators of our time, and when the reverence in which he is held in with negotiation. We agreed that the I say ‘‘of our time,’’ I mean my time as this body are comparable to that—and Gallegly amendment would be done a Member of Congress for 44 years, a I know—comparable to that of the separately. Now, all of a sudden, title V Member of this body for 38 years. The great Russell. This is a feat of enor- is supposed to be taken out of the bill departure of SAM NUNN will be an irrep- mous distinction. The State of Georgia and that takes a very important part arable loss. Someone might be able to has to be extremely proud to have out of the bill. I have a State that has take his place over a period of years. given such talented sons to our Repub- 1,250 miles of border with Mexico. We I remember the death of Senator lic, men who have so well borne the are under siege, not only with illegal Russell, Richard Russell of Georgia, on mantle of responsibility to protect the aliens but with drugs coming across January 21, 1971, 25 years ago. In the defense of our Nation and promote its the border and we need relief. course of those 25 years, one-quarter of fighting forces. Now, if you ask SAM NUNN what he Mr. President, I know my time is up. a century, I have to say that I have not regards as the most important of his I am asking that the President of the seen the likeness of Richard Russell, many, many achievements in affecting United States work in good faith with except in Senator SAMUEL AUGUSTUS and directing U.S. policy in the na- NUNN. Congress. We are trying to do the re- tional defense arena, I doubt—and I So it may be another 25 years, it may sponsible thing. We do not have much have never asked him this question— be 50 years before we see the likeness of more time. We have made offers but but I doubt that he would mention the have been unable to gain their accept- Senator NUNN. I pay tribute to this distinguished more widely publicized of his achieve- ance. Mr. President, now is the time ments, such as his role in developing colleague who is retiring from the Sen- for responsibility on a bipartisan basis. the Stealth fighter; or the many initia- ate after 24 years—illustrious years. It is a two-way street. tives he authored to reduce the dangers There are many things that one can The PRESIDING OFFICER. The Sen- of war in the Russian-American rela- say about SAM NUNN, as he has been ator from Virginia is recognized for 5 tionship; or the meaningful measures minutes. consistently productive, growing in enacted to reduce and make safer the Mr. WARNER. I thank the Chair. stature year by year to become, with- world’s inventories of nuclear weapons (The remarks of Mr. WARNER and Mr. out doubt, the leading Senate voice on and fissile materials; or even his role in GRAHAM pertaining to the introduction national defense security and alliance broadening and deepening American of S. 2143 are located in today’s RECORD issues—the leading voice. His accom- leadership in NATO, in Bosnia, in the under ‘‘Statements on Introduced Bills plishments, of which there are many, Persian Gulf, or in Haiti. It is in the and Joint Resolutions.’’) are notable and derive from an ap- less heralded, less glamorous but criti- Mr. GRAHAM. Mr. President, I ask proach to his work which is unfailingly cally important area of the morale and unanimous consent that, immediately thorough and well-focused. He is welfare of our men and women in uni- upon the conclusion of the remarks of blessed with an exceptional intellect, form that is at the top of the list that the Senator from West Virginia, I and in Senator NUNN’s case that sharp SAM NUNN might himself cite as his might have 30 minutes to speak on an- intellect combines with a much rarer most noteworthy achievement in the other subject. talent for harnessing creative visions defense area. The PRESIDING OFFICER. Is there to practical techniques. SAM NUNN has Senator NUNN was the key player in objection? Without objection, it is so been especially successful as a legisla- meeting the needs of the All Volunteer ordered. tor in this body because of his ability Force so that we could attract and re- The Senator from West Virginia is to reduce complicated issues to an un- tain the kind of men and women who recognized for such time as he may derstandable scope, while avoiding could effectively manage and lead our consume. oversimplification. Then he works pa- forces across the globe in all environ- Mr. BYRD. Mr. President, I thank tiently and persistently to build bipar- ments. He constructed a benefits pack- the Chair tisan support. age for the men and women who fought f Indeed, his many ideas and initia- so well in the Kuwait Desert in Oper- tives are often shared and supported by ation Desert Storm. He crafted the TRIBUTE TO SENATOR SAM NUNN his colleagues across the aisle. In a day post-cold war transition measures that Mr. BYRD. Mr. President, we are rap- when bipartisanship is as rare as plati- address the needs of our military per- idly approaching that season when we num and gold and rubies, and certainly sonnel as they make their way from shall witness the departure of many of as valuable, SAM NUNN epitomizes that the front lines of the cold war back our colleagues who have elected not to for which so many of us strive, and into American civilian society. serve beyond this Congress. often fail to achieve—bipartisan con- He has worked tirelessly to instill a Mr. President, I was the 1,579th Sen- sensus which the people so desire and sense of pride and loyalty in our uni- ator of 1,826 men and women who have which fuels large majorities behind leg- formed men and women that is of such served in the U.S. Senate from the be- islative endeavors. The ingredients of great value to the Nation. As Edmund ginning. I have seen many fine Sen- vision coupled with practicality, and Burke said on March 22, 1775, ators come and go. As I think back balance between liberal and conserv- It is the love of the people; it is their at- over the years, something good might ative views, mark his spectacularly tachment to their government, from the well have been said about most, if not sense of the deep stake they have in such a successful career as a Senator and are glorious institution, which gives you your all, of these Senators. We are prone, of textbook examples for the younger army and navy, and infuses in both that lib- course, to deliver heartfelt eulogies, Members of this body and the newer eral obedience, without which your army speeches declaring our regrets that our Members of this body in the years to would be a base rabble, and your navy noth- colleagues choose to leave the service come to heed and to emulate. ing but rotten timber. of this body. SAM NUNN hails from Georgia, where Now I have been privileged to serve About all of these Senators whom I commitment to the Nation’s defense with SAM NUNN as a member of the have seen depart the Senate, some good runs deeply, and from whence some of Armed Services Committee and with could be said, unlike Lucius Aelius our greatest legislators on national de- SAM NUNN as its leader. Senators are Aurelius Commodus, the Roman em- fense have emerged. He has upheld the not renowned for their managerial peror who served from 180 to 192 A.D., great Georgia tradition so ably begun skills, but the Armed Services Com- one of the few Roman emperors about by his granduncle Representative Carl mittee under SAM NUNN’s leadership whom nothing good could be said. Vinson, with whom I served in the has been superbly managed. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11513 In my 44 years in Congress, I have yet his long, intense and patient efforts in he has proposed an impressive plan to to see a chairman of any committee the superpower relations arena. Those make radical changes in the income who excelled SAM NUNN. In my humble hard-won initiatives have had a sub- tax code to refocus our economy on judgment, he is the best committee stantial impact on the measure of safe- savings and investment and away from chairman that I have ever seen in these ty in our world. It is indeed no exag- consumption. 44 years in Congress, including myself. geration to say that the world today is Most importantly, and as my fellow I worked hard at being a good chair- a safer place in part because of the Senators well know, SAM NUNN’s suc- man. But Senator NUNN, to me, rep- monumental efforts of one man, the cess is in large part attributable to his resents the ideal, the model, the para- senior Senator from the State of Geor- hard rock integrity. gon of excellence as a chairman. gia—SAM NUNN. A religious man, he does not go Unusual among authorization com- These achievements and the quality around wearing his religion on his mittees in the Senate, he produced, of his dedication and work on defense, sleeve; he does not go around making a from 1987 through 1994, eight straight alliance and international issues, rang- big whoop-de-do about his religion, but authorization acts, each of which con- ing from NATO to arms control and re- he is a religious man, a moral man. tinued major initiatives to build a bet- duction, anti-terrorism, and joint U.S.- SAM NUNN is known as a man whose ter managed, sounder Department of Russian threat reduction and commu- judgment can be trusted. How many Defense. He was the key figure behind nications measures have propelled his times have I heard Senators come to the so-called Goldwater-Nichols Reor- glorious reputation far beyond the Sen- the Senate floor to vote on a measure ganization Act, which decentralized ate. He is known internationally and and ask: ‘‘How is SAM voting on this power in the armed services, giving he is viewed universally as an expert in one?’’ He is a leader in this body, in more on-the-ground authority to our the defense field. He is well known in spite of the fact that he has not espe- unified commanders in the geographic official circles around the globe and is cially sought to lead. He has not been areas where they had to prepare forces widely sought for his wise counsel. elected to a leadership position, but he to fight in various contingencies. He Is it not remarkable that in my time has grown into a leadership position. developed the legislation which pro- there would have been two chairmen of He is a natural leader. His is the best duced the Defense Base Closure and Re- the Senate Armed Services Committee, type of leadership, because it is a lead- alignment Commission, which cut two ‘‘tall men, who lived above the fog ership that is born of strong character. through the political snarls involved in in public duty and in private think- Horace Greeley said: ‘‘Fame is a vapor; closing bases, and has been a most ef- ing’’—Senator Richard Russell and popularity an accident; riches take fective tool in downsizing the DOD es- Senator SAMUEL NUNN—both experts in wings. Those who cheer today, may tablishment in a fair and orderly way. the field of national defense. Both of curse tomorrow. Only one thing en- Over the years our uniformed leaders whom sought for their wise counsel,— dures: character.’’ have consistently looked to SAM NUNN sought out on this floor,—sought out SAM NUNN epitomizes that great as their champion, as a strong but sen- before the bar of the Senate, in the trait, character. The Senate will feel sitive force, who empathized with their well, sought out in foreign capitals for the loss of SAM NUNN and feel it deeply. special needs and could be counted on their wise counsel. His legacy and achievements certainly to take the kind of action appropriate It is not an overstatement to say will grow with time. I am personally to best enhance the morale of the men SAM NUNN’s reach and impact have deeply sorry that he has chosen to go. under their command. He did not fail been international and characterized He will leave an empty place in the them. by workable, sound proposals and bril- Senate. Perhaps some of the most creative liant judgment. The global scope of his Napoleon rejoiced that the ‘‘bravest ideas that SAM NUNN willed into reality work has set him apart from the vast of the brave,’’ Marshal Ney, had es- came in the knotty area of reducing majority of men who have served in caped and had returned across the the quantum of danger in the Russian- this body and is a testimony to his Dnieper River, even though he had lost all of his cannons. Napoleon ordered American relationship. He championed, dedication to the addressing of the that there be a salute to celebrate the together with JOHN WARNER, programs burning issues of sanity and order in escape and the return of Ney. And he to increase communication between our world today. said, ‘‘I have more than 400 million the American and Russian leadership, While SAM NUNN will undoubtedly be and thus reduce the possibilities of remembered for his Senate service in francs in the cellar of the Tuileries in tragic, accidental nuclear war. To- the area of national defense, as if that Paris, and I would have gladly given them all for the ransom of my old com- gether with RICHARD LUGAR, he crafted were not enough, his energy and cre- a successful program to dismantle nu- ativity have also been evident in many panion in arms.’’ Had SAM NUNN been an officer in the clear weapons possessed by the states other areas. The range of his thinking Grand Army of France, Napoleon would of the former Soviet Union. He led the and his talents as a legislator and pol- have given everything he possessed for Senate Arms Control Observer Group icy maker encompass everything from another SAM NUNN. for many years, as my appointee to health care, to student loans, to insur- His great natural talents will con- that group when I was Majority Lead- ance industry reform. In his farewell tinue to bring him to the forefront of er, traveling frequently to Geneva, address, announcing his retirement, in the national policy discussion, and he leading delegations of Senators to en- Georgia on October 9, 1995, he dwelled will, I know, continue to achieve great sure that progress on the INF and extensively on the need for America to things in a variety of new settings. START Treaties had the knowledge put our youth first, to work on protect- I have never really felt about a man and support of the United States Sen- ing our children from street violence in the Senate—other than Senator ate. He traveled extensively to Russia, and drugs. He spoke eloquently of the Richard Russell—as I have felt about and in turn Russian legislative leaders need to reverse the saturation of our SAM NUNN. I was the majority whip in traveled to the United States, to ex- TV airwaves with programs of sex and the Senate when SAM NUNN came to change views and develop cooperative violence. He focused on the need to re- the Senate, and I urged that he be solutions to problems, thereby increas- invigorate our educational system in placed on the Senate Armed Services ing the level of confidence and under- order to reincorporate great numbers Committee. As a member of the Steer- standing between these two super- of American citizens back into the ing Committee, I cast my vote to put powers. Lately he has developed addi- working culture of our nation. He has SAM NUNN on that committee. That is tional initiatives, again with a leading developed successful legislation to lay where he wanted to serve. I watched Republican counterpart, Senator DO- the groundwork for a nationwide ‘‘ci- him grow. I have had some differences, MENICI, to tackle the problem of terror- vilian service corps’’ by offering edu- from time to time—minor, of course— ist actions against the United States. cation benefits in exchange for public with SAM on some issues. That is not All in all, SAM NUNN, when he leaves service. As the cochairman of the the point. SAM has fulfilled my idea of this Chamber and walks out of this Strengthening of America Commission, what a Senator ought to be. door for the last time as a Member of a bipartisan group of business, edu- There were 74 delegates chosen to at- this body, can take immense pride in cational, labor and academic leaders, tend the Constitutional Convention. S11514 CONGRESSIONAL RECORD — SENATE September 27, 1996 The Convention met behind closed he has that talent, that knack of Mr. President, I yield the floor. I sug- doors from May 25 to September 17, thinking, an organized thinking, and gest the absence of a quorum. 1787. Fifty-five of those 74 delegates the consideration of a matter logically, The PRESIDING OFFICER (Mr. who were chosen participated, and 39 of carefully, and thoroughly. He is truly a MCCONNELL). The clerk will call the the 74 signed the Constitution of the man for all seasons. His wisdom, his roll. United States. I can see in my mind’s judgment, and his statesmanship have The assistant legislative clerk pro- eye a SAM NUNN in that gallery. I reflected well on the profession of pub- ceeded to call the roll. might well imagine that, as they met lic service at a time when fierce ‘‘take- Mr. GRAHAM. Mr. President, I ask from day to day, if SAM NUNN had been no-prisoners politics’’ has embroiled unanimous consent that the order for a participant, they would have come, the Nation to alarming degrees. the quorum call be rescinded. as they come here when Members of Napoleon did not elect to go into The PRESIDING OFFICER. Without this body gather in the well, and asked, Spain, and Wellington was concerned objection, it is so ordered. Mr. GRAHAM. Mr. President, if Sen- ‘‘What does SAM NUNN think about that Napoleon himself might lead. Wel- ator NUNN would care to make any this?’’ I have no difficulty in imagining lington later told Earl Stanhope that Napoleon was superior to all of his comments, I would be pleased to defer that. In such an august gathering as to him. was that Convention, which sat in 1787, marshals and that his presence on the field was like 40,000 men in the balance. Mr. GRAMS. Will the Senator yield with George Washington, the Com- for a moment? I ask unanimous con- SAM NUNN, the 1,668th Senator to ap- mander in Chief at Valley Forge and sent to follow the Senator’s 30 minutes the soon-to-be first President of the pear on this legislative field of battle, is like having a great number in array with 15 minutes. United States, I can imagine that it The PRESIDING OFFICER. Without would have been the same there. They against or for your position. I was looking just this morning over objection, it is so ordered. would have said, ‘‘What does SAM NUNN Mr. NUNN. I am left speechless after the names of those Senators who are think? How is he going to vote?″ listening to my friend ROBERT BYRD. leaving, and examining their votes on The First Congress was to have con- So I will reserve my time. Thank you. what is called pejoratively the Legisla- vened on March 4, 1789. And only 8 Sen- f ators—less than a quorum—of the 22 tive Line-Item Veto Act of 1995. Of were there on March 4, 1789. Five those Senators who are leaving, seven CONFERENCE REPORT TO ACCOM- States were represented—New Hamp- voted against that colossal monstros- PANY ILLEGAL IMMIGRATION shire, Connecticut, Massachusetts, ity, for which many of those who voted REFORM AND IMMIGRANT RE- Pennsylvania, and Georgia. And the will come to be sorry. If this President SPONSIBILITY ACT OF 1996 Senator from Georgia who attended is reelected, he will have it within his Mr. GRAHAM. Mr. President, we will that day was William Few. power to make them sorry. He is just soon begin a debate on the conference It could very well have been SAM the man who might do it. report entitled ‘‘Illegal Immigration NUNN as a Member of that first Senate, Among the departing Senators, SAM Reform and Immigrant Responsibility serving with Oliver Ellsworth, Maclay NUNN is one of those who opposed that Act of 1996.’’ I am concerned that, when and Morris, and others. And as they bill. Senator HEFLIN, Senator JOHN- we commence that debate, we are not met to blaze the pioneer paths of this STON, Senator PELL, Senator PRYOR, going to be in as advanced a position as new legislative body, the U.S. Senate, I Senator COHEN, Senator HATFIELD, and we should be, for several reasons—two have no problem in imagining that, Senator NUNN voted, to their everlast- in particular. often, those men would have turned to ing honor, against that miserable piece One of those is that, when this legis- SAM NUNN and said, ‘‘How are you of junk. lation was considered in the House of Just wait until this President exer- going to vote, SAM?’’ ‘‘How is SAM Representatives, a provision was at- cises that veto and see how they come going to vote?’’ tached which would have given to indi- I think every Member of this body to heel—h-e-e-l. They will rue the day. vidual States the prerogative of deny- AM UNN shares with me that feeling about SAM But S N voted against it. ing public education, elementary and For the outstanding quality of his NUNN. He could have been an outstand- secondary education, to the children of character as well as for the brilliance ing U.S. Senator at any time in the illegal immigrants. That provision be- of his service, this Senate and the Na- history of this Republic—not this de- came so inflammatory that it tended tion are eternally in his debt. He will mocracy. When the Convention com- to focus total attention on this legisla- always command, in my heart and in pleted its work, a lady approached Ben- tion on that single provision. That pro- my memory, a place with Senator jamin Franklin and said, ‘‘Dr. Frank- vision has now been eliminated. It has Richard Russell. lin, what have you given us?’’ He didn’t been withdrawn. Therefore, we are now answer, ‘‘A democracy, Madam.’’ He God, give us men. A time like this demands focusing for the first time on the total- said, ‘‘A republic, Madam, if you can Strong minds, great hearts, true faith, and ity of this legislation. ready hands; A second reason why we are not in as keep it.’’ Men whom the lust of office does not kill; Now, what is there about SAM NUNN Men whom the spoils of office cannot buy; advanced a position as we should be for that makes him this kind of man? He is Men who possess opinions and a will; legislation which is as significant as not the typical politician that one con- Men who have honor; men who will not lie; this, has to do with the process by jures up in his mind when thinking Men who can stand before a demagog which this conference committee pre- about Senators and other politicians. And damn his treacherous flatteries without pared its report. First, it was an elon- Senator NUNN is not glib. He doesn’t winking. gated process that took many weeks jump to hasty conclusions. Tall men, sun-crowned, who live above the and months to reach the conclusion He does not rush to be ahead of all of fog that is now before us. But it was also In public duty and in private thinking; the other Senators so that he will get For while the rabble, with their thumb-worn essentially a closed process. Not only the first headline. He thinks about the creeds, were many of the members of the con- problem, and he logically, methodi- Their large professions and their little deeds, ference committee not given the oppor- cally, and systematically arrives at a Mingle in selfish strife, lo. Freedom weeps, tunity to participate, at the conclusion decision. Then he carefully prepares to Wrong rules the land and waiting justice of the conference they were not even put that decision into action. sleeps. allowed to offer amendments to try to I suppose that had he lived at the God give us men. modify provisions which were found to time of Socrates, who lived during the Men who serve not for selfish booty, be objectionable. So we have a product chaos of the great Peloponnesian wars, But real men, courageous, who flinch not at duty. today which has not had the kind of SAM would have been out there in the Men of dependable character; men of sterling thoughtful dialog and debate which we marketplace debating with Socrates, worth. associate with a conference report about whom Cicero said he ‘‘brought Then wrongs will be redressed and right will which is presented to the U.S. Senate down philosophy from Heaven to rule the earth. for final consideration. Earth.’’ SAM would have been a hard God, give us men. For this reason, I joined those who man for Socrates to put down because men like SAMUEL AUGUSTUS NUNN. urge that objectionable provisions in September 27, 1996 CONGRESSIONAL RECORD — SENATE S11515 this act—and I will use the bulk of my Mr. President, we are now faced with to be the income of the person who was time to attempt to outline what I con- the prospect of trying to continue our sponsored. This concept of deeming is sider some of those objectionable pro- humanitarian efforts without that Fed- now applied to persons who came into visions—be excised, be eliminated, eral partner and, thus, with even fewer the United States in the past, when the from this conference report, or, failing resources available from the National concept behind the law of sponsorship to do so, then that the conference re- Government a greater demand for was different, where the sponsor’s affi- port, regrettably, be rejected. those resources from the States and davit of sponsorship was not legally en- I speak to this position based on local communities which are affected. forceable. some principles of fundamental fair- In some ways, we have come to the The rules have changed on these law- ness to all of those who will be affected conclusion that eliminating even mini- abiding citizens in the middle of the by this legislation entitled ‘‘Illegal Im- mal benefits to legal immigrants will game. The sponsor who put his name migration Reform and Immigrant Re- somehow solve our illegal immigration behind a legal immigrant coming to sponsibility Act of 1996.’’ I speak not problem. This is not true. In reality, it the United States under the rules that only for the legal immigrants who will only hurts those who follow the rules, existed up to 5 years ago is now being feel the full weight of this report, those who made every effort to enter told retroactively, ‘‘You have just which is supposed to deal not with the United States in a lawful, orderly, taken on very significant new financial legal immigrants, but, by its title, with documented manner, and it hurts our responsibilities.’’ illegal immigration; but I also speak of communities, it hurts those cities and Under the welfare bill, these new the apparent, and not so apparent, ad- towns that provide services to legal im- deeming restrictions only apply to verse effects that this will have on the migrants and now will receive no as- newly arrived immigrants. Under this States and local communities in which sistance from the Federal Government. conference report, deeming is applied most of the persons affected live. This, Mr. President, is wrong. We retroactively to legal immigrants who This Congress has spent an enormous speak so often of the Federal-State came to the United States within the amount of time discussing immigra- partnership. The Federal Government, last 5 years. As a result, sponsored tion. I fully support the mandates in this case, is no longer a partner to legal immigrants who came into the which were passed to help assure that our States and communities. This is United States under the old rules stand individuals do not enter this country unfair—and for many reasons, of which to lose access to dozens of programs, illegally. The U.S. Government has a I will only discuss a few this evening. including prenatal care, nonemergency fundamental responsibility to enforce It is within the purview and respon- Medicaid, Head Start and job training. the laws which this Congress passes. sibility of Congress to act to end and to These provisions will require a fur- Unfortunately, we have failed to do so avoid further extension of this unfair- ther cost shift to the States who will as it relates to our immigration laws, ness. My State of Florida brought suit now have to shoulder the burden of and, thus, we have millions of illegal in the Federal courts, brought suit on these Federal programs which will no aliens within our society. the basis that our State had been asked longer be available. I am proud of the fact that this legis- to shoulder hundreds of millions of dol- Another item in that bill of particu- lation includes steps such as strength- lars of responsibilities for legal and il- lars of unfairness is Medicaid. Even ening our Border Patrol. These are the legal immigrants, responsibility which though the welfare bill contains no im- hard-working officers who are our first should have been a national obligation. migrant restrictions on the use of line of defense against illegal immigra- As the 11th Circuit Court of Appeals emergency Medicaid, the conference re- tion. I do not contest, but, in fact, fully explained in its 1995 decision, Chiles port provides that if a legally spon- support, better enforcement and fund- versus the United States: sored immigrant has an emergency and ing to prevent illegal immigration, in- The overall statutory scheme established uses Medicaid, the sponsor becomes lia- cluding those steps that would demag- for immigration demonstrates that Congress netize jobs as a reason why illegal intended whether the Attorney General is ble for the entire cost of care, without aliens come to the United States. adequately guarding the borders of the Unit- limitation. Our Government has brought an un- ed States to be ‘‘committed to agency discre- What does this mean, Mr. President? fair and strenuous burden to many tion by law’’ and, thus, unreviewable. Flor- This means that if a sponsor has ida must seek relief in Congress. We con- brought in a legal immigrant and that States in the form of allowing thou- clude that whether the level of illegal immi- sands, in some cases millions, of illegal legal immigrant is hit by a truck or gration is an ‘‘invasion’’ of Florida and contracts cancer or any of the other immigrants to enter within their bor- whether this level violates the guarantee of ders. Florida has been particularly af- a republican form of government presents items that might result in a serious fected because of its unique geographic nonjusticiable political questions. emergency circumstance, the sponsor location, its diverse population, its Essentially, what the court was say- would be legally responsible for all of temperate climate. ing is, do not come to us for justice. those medical costs. Realistically, Our Government, for several decades, You must seek justice in the political most sponsors would not be able to has made Florida the gateway to immi- arm of the Federal Government, the pay, and, therefore, what will happen? grants arriving from South America Congress of the United States. This will just become another uncom- and the Caribbean basin. A large ma- I state tonight, Mr. President, that pensated burden on the hospital or jority of those who seek to be called the legislation which is before us is not health care provider. Americans are Floridians. These new just and does not treat our commu- While I support the idea that spon- arrivals, those who come legally, those nities and our States fairly. sors should be required to provide who come playing by the rules, are, in What are some of the bill of com- housing, food, or even cash assistance large part, law-abiding citizens. They plaints against this legislation, that it to immigrants who have become unable work hard, they pay taxes, they ask is unfair to the States and commu- to provide for themselves, even the nothing of our Government other than nities of America? Let me list a few of most responsible sponsor may not al- the opportunity to eventually be called those complaints. ways be able to finance health care, a citizen of the United States of Amer- This legislation extends a concept care for illness or serious disease or in- ica. which has been in our immigration law jury. But on occasion, as may happen to and which was used extensively in the Mr. President, as I said, we are going native-born Americans, a circumstance immigration changes made as part of to apply, retroactively, standards to arises where assistance is needed. In the welfare reform bill passed earlier in those persons who have sponsored legal the past, our State and local commu- this session of Congress, referred to as aliens, such as their parents or a child, nities have scraped by doing all that ‘‘deeming.’’ into the United States and now, retro- was possible to assist these newcomers. What is deeming? Deeming, essen- actively, are going to have to take on The Federal Government was fre- tially, is a concept that states that the additional responsibilities which were quently a partner of States and com- income of the individual who sponsored unknown to them at the time that they munities in providing assistance in un- a legal immigrant into the United entered into that sponsorship relation- expected emergency conditions. States is deemed—d-e-e-m-e-d—deemed ship. S11516 CONGRESSIONAL RECORD — SENATE September 27, 1996 Also, I will discuss some of the lievable. Are we just going to ignore structure, training and ongoing imple- changes which have been made in Med- this deadly disease and hope that, for mentation cost associated with the icaid, the program that provides health humanitarian reasons, or public health staff time needed to make a com- care to indigent Americans, which concerns, the State or local agency will plicated deeming calculation. The re- today is available to legal—legal— again shoulder this national obligation sult will be a tremendous, costly and aliens. I underscore that difference be- for persons who are in this country bureaucratic unfunded mandate on tween those persons who are here be- under national immigration laws? State Medicaid Programs. cause they follow the rules and those The Medicaid provisions, the deem- Mr. President, another item in the persons who are in the country because ing provisions, and sponsor affidavits bill of particulars of unfairness of this they broke the rules. We are talking are currently nothing more than a immigration bill relates to parolees now exclusively about people who are means of shifting costs to States, local and their inability to work. I would put here legally. government agencies, and our Nation’s this in the specific context of an agree- One of the changes that has been hospital system. Simply, if people are ment which the United States had en- made in the Medicaid Program states sick and cannot afford to pay for cov- tered into with Cuba. that a sponsor, including those who are erage of a disabling condition, some- Under that agreement which was in- being swept up in this retroactive pro- body will absorb those costs. The ques- tended to avoid another repetition of vision, will now have to be financially tion is whether the Federal Govern- the mass rafting explosion which we responsible for the emergency medical ment will help to pay a portion of that have experienced on several occasions services provided under Medicaid to cost, or whether such cost will be shift- since Fidel Castro came to power in those persons who they have sponsored ed entirely to States, local govern- Cuba, the United States now allows into this country. If their mother that ments, and health care providers. 15,000 Cuban immigrants per year to they sponsored contracts cancer, or a This bill does not protect the health enter the United States. Approxi- child is hit by a car and suffers a seri- care providers, even though it is the mately 10,000 of those who have arrived ous injury, those kinds of costs now Federal Government’s health care pol- per year under this agreement have will become the responsibility of the icy which requires the health care pro- been under the category of parolees. sponsor. Even more egregious, if the vider to render such medical assist- Under this bill, as parolees they will sponsor is unable to meet those ex- ance. be prohibited from working in most penses, it then becomes an obligation The Federal Emergency Medical jobs 1 year after they arrive here. How of the provider to accept those costs as Treatment and Labor Act requires that can that be? It can be because the con- unreimbursed medical expenses. In all persons who come to a Medicare- ference report provides that after 1 most cases, they are going to end up participating hospital for emergency year of entry into the United States, a being the unreimbursed medical ex- care be given a screening examination person who is legally in this country, penses of an emergency room in a pub- to determine if they are experiencing a classified as a parolee for humani- lic hospital. medical emergency, and if they are tarian reasons, would be ineligible to One final part of this is that if the found to be experiencing such a medi- obtain or maintain the following: sponsor can’t pay, and if the person cal emergency, that they receive sta- They could not receive any State or who they sponsored can’t pay, then bilizing treatment before being dis- Federal grants; any State or Federal that sponsored individual will be charged or moved to another facility. loan; any State or Federal professional barred from becoming a naturalized Federal law requires all hospitals license; and, believe this, Mr. Presi- citizen of the United States until the that have emergency rooms, that re- dent: They could not receive a State bill is paid, which means that this ceive Medicare participation, must pro- driver’s license or a commercial li- child, who may have suffered this in- vide those services, without regard to cense. jury in youth, is going to be perma- the ability of the person who has pre- Where are these legal immigrant pa- nently precluded from becoming a U.S. sented themselves for such care to pay. rolees going to work without a driver’s citizen, unless they are able to achieve And now we are saying that the Fed- license, without a work permit, with- a financial status to pay off this emer- eral Government is going to be a out a commercial license? Who will as- gency medical bill. ‘‘deadbeat dad’’ by sticking those sume the burden of caring for these A third problem with this legislation, health care providers with the full legal immigrant parolees who are in Mr. President, relates to the treatment cost, without a Federal sharing and our country? Of course, the cost of of communicable diseases. This con- participation. their care will shift to the local com- ference report, I find, unbelievably, Mr. President, the National Con- munity, even though it was through provides that under no circumstances ference of State Legislatures, the Na- Federal Government action—and in the will the Federal Government provide tional Association of Counties, and the case of the United States-Cuban agree- funding for the treatment of HIV and National League of Cities, has written ment, Federal Government foreign pol- AIDS-infected patients who are legal on April 25 of this year, in anticipation icy considerations, which brings them immigrants. This, I thought initially, of just exactly what is before us now, to this country in the first place, and this must have been a misprint. But with the following statement: then tells them that they cannot drive when you read the conference report on Without Medicaid eligibility, many legal and that they cannot hold a job. page 239, it states explicitly, immigrants will have no access to health The conference report that is before The exception for treatment of commu- care. Legal immigrants will be forced to turn us is a huge cost shift to State and nicable diseases is very narrow. The man- to State indigent health care programs, pub- local governments that will impose an lic hospitals, and emergency rooms for as- agers intend that it only apply where abso- administrative burden and huge un- lutely necessary to prevent the spread of sistance, or avoid treatment altogether. This such diseases. The managers do not intend will in turn endanger the public health and funded mandate on State governments that the exception for testing and treatment increase the cost of providing health care to to verify eligibility for applicants. for communicable diseases should include everyone. Mr. President, one of the first prior- treatment for the HIV virus or Acquired Im- For the Medicaid caseworker as well ities of this 104th Congress was S. 1, the mune Deficiency Syndrome. as all other State and Federal pro- Unfunded Mandate Reform Act of 1995. I represent a State where we have grams he or she must now learn immi- It was a top priority of the House of many persons who come from areas of gration law as well and the Medicaid Representatives. It passed both bodies the world—many within this hemi- system. in the first 100 days of this session. sphere—which have a high incidence of As a study by the National Con- The purpose section of the Unfunded HIV and AIDS. What this bill says is if ference of State Legislatures notes, Mandate Act stated that the: a person is in this country as assailees, this conference report would require an Purposes of this act are to strengthen the refugees, parolees, or whatever status, partnership between the Federal Govern- extensive citizenship verification made ment and State, local, and tribal govern- is found to have HIV or AIDS, the Fed- for all applicants to the Medicaid Pro- ments to end the imposition in the absence eral public health service cannot use gram. of full consideration by Congress of Federal its resources to treat those persons. In addition to the costs to determine mandates on State, local, and tribal govern- Mr. President, I find this to be unbe- eligibility, States will also have infra- ments without adequate Federal funding. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11517 Mr. President, this conference report Mr. President, I ask unanimous con- vits of support. By making this retroactive breaks every premise and breaks every sent to have printed in the RECORD im- change, the bill places additional adminis- basis of the unfunded mandate law be- mediately after my remarks a series of trative burdens on counties and shifts more cause this conference report on immi- costs from the federal programs to county documents, including letters from the general assistance programs. gration requires all Federal, State, and National Association of Counties, from NACo appreciates your consideration of local means-tested programs, as well as the National Conference of State Leg- these issues. We urge you again to removed programs such as State driver’s li- islatures, editorials which have ap- these provisions from the conference agree- censes, State licensing departments, peared criticizing sections of this im- ment, or vote against the legislation if they for State occupational licenses as well migration conference report, and a let- continue to be included. as any grant or funding to first deter- ter from the Governor of Florida out- Sincerely, mine whether the individual applying LARRY NAAKE, lining the impact that this will have on Executive Director. is an eligible immigrant. our State. The National Conference of State The PRESIDING OFFICER. Without NATIONAL CONFERENCE OF Legislatures just yesterday, September objection, it is so ordered. STATE LEGISLATURES, 26, 1996, indicated that the mandates of (See Exhibit 1.) Washington, DC, September 26, 1996. this conference report will: Mr. GRAHAM. Mr. President, for the DEAR SENATOR GRAHAM: On behalf of the impose new unfunded mandates on State and reasons stated, I urge that this Senate, National Conference of State Legislatures, local governments regarding deeming re- before it takes up at this late hour im- we again urge you to exclude from the con- quirements for determining immigrant eligi- ference agreement on immigration legisla- bility for all Federal means-tested programs. portant legislation which will have the tion, H.R. 2202, provisions that (1) federalize These provisions create new unfunded Fed- kind of far-reaching effect that this the current state and local driver’s license eral mandates, defying the intent of the S. 1, immigration bill will have, that we and birth certificate issuance process and es- the Unfunded Mandates Reform Act. consider carefully the impact that this tablish federal document content standards This bill requires States to deem many im- is going to have on the States and com- for both, and (2) impose new unfunded man- migrants currently residing in the United munities that we represent. dates on state and local governments regard- States who do not have enforceable affida- I urge that we either delete those ing deeming requirements for determining vits of support. These requirements will provisions from this conference report immigrant eligibility for all federal ‘‘means- place an excessive administrative burden on tested’’ programs. These provisions create States by shifting massive costs to State or that the conference report be re- new unfunded federal mandates, defying the budgets. As we have consistently stated on jected. intent of S. 1, the Unfunded Mandates Re- numerous issues, if the Federal Government I thank the Chair. form Act. They unnecessarily preempt tradi- expects States to administer Federal pro- The PRESIDING OFFICER. Does the tional state auhtority. The provisions also grams related to Federal responsibilities, Senator yield back the remainder of create a ‘‘one size fits all’’ administrative full Federal funding must be provided. his time? process, contradicting the entire spirit of What are some examples of this mas- Mr. GRAHAM. I yield back the re- devolution. Furthermore, NCSL believes sive shift? Let me use the example of mainder of my time. that these provisions will create an identi- fication nightmare for citizens and legal im- my own home State of Florida. EXHIBIT 1 For professional and driver’s licenses, migrants. We share with you the goal of NACO NATIONAL ASSOCIATION the State of Florida estimates that it managing and resolving issues regarding ille- OF COUNTIES, will cost approximately $31 million to gal immigration. However, should these pro- Washington, DC, September 26, 1996. visions remain in the conference report, verify and recertify 13.7 million driver Hon. BOB GRAHAM, NCSL urges you to to oppose the bill. and professional licenses. This figure U.S. Senate, We have noted in previous communications does not include State administration Washington, DC. that federalization of the driver’s license and and initiation costs, nor does the figure DEAR SENATOR GRAHAM: I am writing to birth certificate processes is unnecessary, in- include the amount it will cost to ver- urge you to exclude from the conference appropriate and a misguided intrusion into a ify new applications for these licenses. agreement on immigration (H.R. 2202) provi- traditional state and local government re- This is just the cost to verify those sions that mandate new federal requirements sponsibility. The conference agreement does for certificates and drivers licenses, and adds that are already outstanding. improve on language from S. 1660, allowing new deeming requirements to determine im- states to be exempted from using Social Se- Occupational licenses: To determine migrant eligibility for federal means tested curity Numbers on driver’s licenses if they eligibility for occupational licenses programs. The National Association of Coun- satisfy certain federal requirements, moving based on immigration status, it is esti- ties (NACo) considers these provisions to be the implementation date to the year 2000, mated that $16 million annually will be unfunded mandates as a well as a preemption and alluding to some federal grant funds passed on to the small businesses of my of local authority. While NACo shares the that may be available to help states pay for State of Florida. goal of solving the problems posed by illegal the new mandates. However, these are mini- AIDS patients: Jackson Memorial immigration, we urge you to oppose the bill mal changes at best. We see no compelling Hospital in Miami alone cares for be- if these provisions are not deleted from the public policy reason for the federal govern- tween 1,500 and 2,000 noncitizen AIDS conference report. ment to strip states of their authority re- Although the birth certificate and drivers’ patients annually. The estimated cost garding driver’s licenses and birth certifi- license provisions have improved somewhat cates nor to endorse an identification mech- to treat noncitizen AIDS patients for by extending the implementation date and anism fraught with potential for fraud and this one hospital will be at least $4 mil- making a general reference to federal grant abuse. The bill still places enormous un- lion a year. funds, these changes are minimal. Extending funded federal mandates on state and local Mr. President, in summary, this con- the implementation date may avoid the Un- governments. ference report violates basic concepts funded Mandates Reform Act threshold of $50 The deeming requirements in the immigra- of fairness and adds new and, in many million a year, but it masks the fact that tion reform legislation go well beyond those cases, retroactive restrictions on legal county and state governments will still have in the recently enacted welfare reform legis- immigrants. It imposes cost shifts to to bear the brunt of these expenses. Addi- lation. The welfare reform law already tionally, these are documents that fall clear- local and State governmental agencies makes new affidavits of support legally en- ly under the jurisdiction of state and local forceable and extends deeming requirements in order to comply with its unfunded governments. Mandating federal standards to all federal means-tested programs for mandates. It violates the legislation on these documents preempts state and local sponsored immigrants with the new affida- which we passed and which we have authority and is a hardship on citizens and vits. This bill requires states to deem many taken great pride in: The Unfunded noncitizens alike. immigrants currently residing in the U.S. Mandate Reform Act of 1995. The deeming requirements in the con- who do not have enforceable affidavits of If this is not an unfunded mandate, ference agreement go beyond the stringent support. These requirements will place an what could be an unfunded mandate? requirements in the Personal Responsibility excessive administrative burden on states As currently drafted, the conference and Work Opportunity Reconciliation Act of and shift massive costs to state budgets. As report would have the following nega- 1996 (P.L. 104–193). This law already made the we have consistently stated on numerous is- affidavits of support enforceable and ex- tive consequences: It shifts costs to sues, if the federal government expects tended deeming to federal means tested pro- states to administer federal programs relat- States, local governments, and hos- grams for immigrants with new affidavits of ed to federal responsibilities, full federal pitals; it imposes an administrative un- support. The conference agreement, however, funding must be provided. funded mandate on State Medicaid pro- would also applying deeming to current legal We appreciate your consideration of our grams; and it is not cost effective. residents who do not have enforceable affida- positions. We urge you again to exclude the S11518 CONGRESSIONAL RECORD — SENATE September 27, 1996 aforementioned provisions from any con- out language that would have kept the chil- in the Senate—to keep Clinton from scoring ference report or oppose the report should dren of illegal immigrants out of public political points. That’s not just hard-ball. they be included. schools. That’s irresponsible. Congressional Repub- Sincerely, It was a wise and humane move, but not licans deserve some credit for defying Dole, WILLIAM T. POUND, nearly wise nor humane enough: The dele- even if they acted out of political self-inter- Executive Director. tion simply turned a terrible, mean-spirited est. The Republicans want to take an immi- bill into a very bad one. gration bill, even a watered-down one, back THE GOVERNOR OF It is every country’s duty to control its home to their constituents before election THE STATE OF FLORIDA, borders and to insist on orderly immigra- time. September 23, 1996. tion, but this bill oversteps duty. Its most Though improved, the bill has other prob- Hon. BILL MCCOLLUM, xeonophobic provisions subvert cherished lems which still merit that presidential veto. House of Representatives, American traditions, including the offer of The conference report gives virtually un- Washington, DC. asylum to the persecuted and the guarantee checked authority to the Immigration and DEAR BILL: I’m pleased to hear that you of equal rights to all. Naturalization Service to turn away immi- and Clay Shaw are conferees on the com- The bill would summarily—without mean- grants, with false papers or none, who seek prehensive immigration bill (H.R. 2202) as ingful access to counsel—exclude asylum asylum from genocide, political death squads immigration policy certainly continues to be seekers who arrive in the United States un- or other forms of persecution. Though the of major importance to Floridians. documented. This is heartless. It also vio- conferees softened this summary exclusion We’ve previously discussed my opposition lates our international obligations, estab- procedure by inserting a meager administra- to provisions which deny critical assistance lished by treaty, regarding refugees. tive review, that is still not sufficient. Also to legal tax paying residents of this country Men and women fleeing oppression are included are restrictions on benefits to legal who have come here through the legal proc- often forced to seize the moment. They don’t immigrants more onerous than those con- ess and have been law abiding members of have the leisure to gather visas and pass- tained in the new welfare bill. These defects our society. As you’re well aware, I have ports. They arrive fearful and scared; often overshadow the bill’s constructive provi- been particularly concerned about these pro- they are unable to speak English well sions, such as a doubling of the number of visions and their impact on our Cuban com- enough to make their plight understood. The Border Patrol officers. munity and am still hopeful that Cuban/Hai- United States takes in a tiny share of the The Clinton administration has voiced tian entrants will continue to be given ac- men and women who ask for asylum across tepid concern and has so far withheld its cess to all programs as they were under Fas- the world. Last year, it amounted to less promise of support. But undoubtedly eager cell/Stone. The fiscal impact of the new re- than 1 percent of asylum seekers. We can af- to claim victory himself, Clinton cannot be strictions on our State and local govern- ford to help them, and we should be glad to counted on to veto the bill even with these ments is still being assessed but will obvi- do it. glaring problems. On illegal immigration re- ously be an additional burden. The reunification of families divided by form, like welfare, he might not be that far However, I want to comment on what I see legal immigration would also be encumbered behind Dole on the pander meter. as major conflicts and discrepancies in this by the bill, which requires sponsors—to have conference version language. It appears that incomes significantly higher than present IMMIGRANT BASHING the language of H.R. 2202 prohibiting any law demands. Congress is waging its usual election-year public benefit to certain legal immigrants is In addition, the bill goes well beyond the war on immigrants. Although we suspect, in even more restrictive than the new welfare recently enacted welfare reform legislation this case, the real target of the new immi- law which as a significant impact on Florida in limiting the access that legal immigrants gration ‘‘reform’’ bill making its way and other states with large immigrant popu- have to government programs. For example: through Congress is Bill Clinton. lations. Legal immigrants would be deported if Yes, Republicans have stripped from the It has been over month since the President they receive certain types of government as- bill—in the face of a Clinton veto threat—a signed the welfare bill into law. In those sistance—child care and housing among provision that would allow states to throw weeks, Florida has moved aggressively for- them—for more than 12 months during their the children of illegal immigrants out of ward in preparing its state plan and has sub- first seven years in the United States. school, presumably to run wild and ignorant mitted it to HHS in order to begin imple- After a year in the United States, people in the streets. mentation by October 1. We have made every who have been paroled and who are not yet But the measure that remains is still far effort to provide for a reasonable transition legal residents—would become ineligible for too punitive in its treatment of both legal to allow affected families to explore their op- means-tested assistance, as well as for and illegal immigrants, too lenient on U.S. tions and make other arrangements for fu- grants, professional or commercial licenses, employers who hire illegals and too willing ture needs. Further sweeping restrictions for even driver’s licenses. to grant the U.S. Immigration and Natu- legal immigrants will require more alter- These provisions make the immigration ralization Service chilling new authority. ations in administrative processes and will bill unacceptable. It deserves a veto. Presi- This week, legal immigrants around the certainly complicate and frustrate an or- dent Clinton should not try to wash his nation were being told that they are no derly implementation of the law and create hands of responsibility, as he did with the longer eligible for food stamps, thanks to the disruption in medical care, children’s serv- most Draconian elements of last summer’s recently enacted welfare reform bill. The ices and other programs in our State. welfare reform. That bill was not perfect, he anti-immigrant measure would continue I certainly understand and appreciate some essentially said then, but it was the best we that trend of denying legal immigrants pub- of the enforcement provisions of the bill could. lic assistance when they are in trouble. which are directed at controlling immigra- The immigration reform is certainly not These are people who have permission to be tion. As you know, Florida has recently en- the best we can do, and we should not settle here, who hold down jobs when they can get tered into a unique partnership with the fed- for it. them and who pay taxes and otherwise sup- eral government to combat illegal immigra- port the economy. tion—the Florida Immigration Initiative— IMMIGRATION POLITICS One particularly mean-spirited provision, and continues to strive to assist where the In an effort to salvage the illegal immigra- for instance, would even deny legal immi- State has a role in controlling our borders. tion reform bill, congressional Republicans grants Medicaid assistance for the treatment It is my hope that you and the other con- finally backed off their plan to penalize the of AIDS or HIV-related illnesses. Let them ferees will focus on these enforcement tools school children of illegal immigrants—and suffer, chortle the bashers in Congress. and delete the provisions restricting assist- bucked Bob Dole, their presidential can- And what about unscrupulous employers ance to legal immigrants in light of the wel- didate, in the process. Unfortunately, the who hire illegal immigrants for slave wages, fare reform restrictions which are already bill they struggled to save is still a severely thus encouraging still more undocumented being interpreted and acted upon in many in- flawed piece of work. aliens to flock to this country? Congress stances. Though the proposal to allow states to couldn’t be bothered to crack down too hard I appreciate your continued attention to deny public education to illegal immigrants on such practices. Tougher penalties for such our concerns in Florida. Please call on me if was a cornerstone of the House-passed ver- practices were deleted from the bill. I can be of any assistance to your efforts. sion, it faced a Senate filibuster and a presi- One of the most ominous provisions of the With best regards, I am dential veto. Anxious to save both face and bill would grant an unprecedented degree of Sincerely, the remainder of the bill, Republicans agreed autonomy to the INS. Under the measure, no LAWTON CHILES. to uncouple the education proposal from the court, other than the U.S. Supreme Court, rest of the bill and vote separately on each. would be authorized to grant injunctions STOP THE IMMIGRATION BILL Dole belatedly endorsed the move in a let- against that police agency when it acts in a (By The Miami-Herald) ter to conferees. But earlier this month, he legally questionable manner. That’s an im- Republicans in Congress eliminated one of tried to strong-arm his former colleagues munity not afforded the IRS, the FBI, the the more onerous provisions of the immigra- into retaining the controversial amendment Drug Enforcement Agency or any other fed- tion bill yesterday. Resisting pressure from in an attempt to torpedo the immigration re- eral police force. Giving it to the INS would presidential hopeful Bob Dole, they struck form bill—one he had supported when he was constitute a frightening precedent. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11519 The bill isn’t all bad. It authorizes a much- authority and so traumatized they cannot The measure was adopted unanimously needed increase in the size of the U.S. Border recount their experiences. Applicants would by the Senate on July 11, 1996. On July Patrol. It would establish new, more effi- have a week to appeal to a Justice Depart- 30 of this year, the House of Represent- cient procedures for verifying the status of ment administrative judge but no access to atives adopted its version of the legis- legal immigrants. It would provide tougher real courts before deportation. penalties for document fraud and for those The bill would also go further than the re- lation. who smuggle aliens into the country. cently adopted welfare law in attacking Since that time, we have worked to- But there are so many harsh, immigrant- legal immigrants. Under the immigration gether with our colleagues from the bashing provisions in the bill that, on bal- bill they could be deported for using almost House of Representatives and the ad- ance, it deserves a veto. This is an issue that any form of public assistance for a year, in- ministration to reach bipartisan agree- cries out for resolution after the election— cluding English classes. It would make fam- ment on a sensible compromise meas- when lawmakers are less inclined to use the ily reunification more difficult by requiring ure. Because of the numerous dif- immigration issue as a political football. high incomes for sponsors of new immi- ferences between the Senate- and If President Clinton vetoes the measure, grants. The bill would also require workers House-passed bills, completion of this Republicans are sure to paint him as ‘‘soft’’ who claim job discrimination to prove that conference report has required count- on illegal immigrants. Indeed, Bob Dole is an employer intended to discriminate, which already hitting on that very theme because is nearly impossible. less hours of negotiation. of the president’s unwillingness to purge the A bill that grants so many unrestricted To ensure that the items contained classrooms of the children of illegal aliens. powers to the Government should alarm Re- in this legislation are responsive to the But as a matter of principle, Clinton publicans as well as Democrats. This is not Nation’s most pressing water infra- should stand up to the Republicans this time an immigration bill but an immigrant-bash- structure and environmental needs, we and refuse to participate in their immigrant- ing bill. It deserves a quick demise. have adhered to a set of criteria estab- bashing. Mr. LOTT addressed the Chair. lished in previous water resources law. This is another case where politics makes Mr. President, let me take a few mo- for bad public policy. The PRESIDING OFFICER. The ma- jority leader. ments here to discuss these criteria— A DANGEROUS IMMIGRATION BILL f that is—the criteria used by the con- ference committee to determine the (New York Times, Editorial) WATER RESOURCES DEVELOP- merit of proposed projects, project As the White House and members of Con- MENT ACT OF 1996—CONFERENCE studies, and policy directives. gress make final decisions this week about a REPORT severely flawed immigration bill, they seem On November 17, 1986, almost 10 years more concerned with protecting their politi- Mr. LOTT. Mr. President, we do have ago, under President Reagan, we en- cal interests than the national interest. The a very important piece of legislation acted the Water Resources Develop- bill should be killed. that has been in the making for quite ment Act of 1986. Importantly, the 1986 Debate over the bill has concentrated on some time. I know Senators on both act marked an end to the 16-year dead- whether it should contain a punitive amend- sides of the aisle are very interested in lock between Congress and the execu- ment that would close school doors to ille- it and have been working on it in com- tive branch regarding authorization of gal-immigrant children. But even without the Army Corps Civil Works Program. that provision, it is filled with measures that mittee and in conference. This is the water resources conference report. In addition to authorizing numerous would harm American workers and legal im- projects, the 1986 act resolved long- migrants, and deny basic legal protections to Mr. President, I ask unanimous con- all kinds of immigrants. At the same time, sent that the Senate proceed to the standing disputes relating to cost-shar- the bill contains no serious steps to prevent consideration of the conference report ing between the Army Corps and non- illegal immigrants from taking American to accompany S. 640. Federal sponsors, waterway user fees, jobs. The PRESIDING OFFICER. Is there environmental requirements and, im- Its most dangerous provisions would block objection? Without objection, it is so portantly, the types of projects in Federal courts from reviewing many Immi- which Federal involvement is appro- gration and Naturalization Service actions. ordered. The clerk will report. The legislative clerk read as follows: priate and warranted. This would remove the only meaningful The criteria used to develop the leg- The committee of conference on the dis- check on the I.N.S., an agency with a history islation before us are consistent with of abuse. Under the bill, every court short of agreeing votes of the two Houses on the the Supreme Court would be effectively amendment of the House to the bill (S. 640) the reforms and procedures established stripped of the power to issue injunctions to provide for the conservation and develop- in the landmark Water Resources De- against the I.N.S. when its decisions may ment of water and related resources, to au- velopment Act of 1986. violate the law or the Constitution. thorize the Secretary of the Army to con- Is a project for flood control, naviga- Injunctions have proven the only way to struct various projects for improvements to tion, environmental restoration, or correct system-wide illegalities. A court in- rivers and harbors of the United States, and some other purpose cost-shared in a junction, for instance, forced the I.N.S. to for other purposes, having met, after full and manner consistent with the 1986 act? drop its discriminatory policy of denying free conference, have agreed to recommend Have all of the requisite reports and Haitian refugees the chance to seek political and do recommend to their respective Houses studies on economic, engineering, and asylum. this report, signed by a majority of the con- On an individual level, legal immigrants ferees. environmental feasibility been com- convicted of minor crimes would be deported pleted for major projects? The PRESIDING OFFICER. Without Are the projects and policy initia- with no judicial review. If they apply for nat- objection, the Senate will proceed to uralization, they would be deported with no tives consistent with the traditional judicial review. If they apply for naturaliza- the consideration of the conference re- and appropriate mission of the Army tion, they would be deported for such crimes port. Corps? committed in the past. The I.N.S. would gain (The conference report is printed in Should the Federal Government be the power to pick up people it believes are il- the House proceedings of the RECORD of involved? legal aliens anywhere, and deport them with- September 25, 1996.) These, Mr. President, are the fun- out a court review if they have been here for Mr. CHAFEE. Mr. President, today damental questions that we have ap- less than two years. the Senate will consider the conference plied to the provisions contained in the The bill would also diminish America’s tra- report to accompany S. 640, the Water dition of providing asylum to the persecuted. pending conference report. Illegal immigrants entering the country, Resources Development Act of 1996. As I noted at the outset, water re- who may not speak English or be familiar This measure, similar to water re- sources legislation has been enacted on with American law, would be summarily de- sources legislation enacted in 1986, a biennial basis since 1986, with the ex- ported if they do not immediately request 1988, 1990, and 1992, is comprised of ception of 1994. As such, we have a 4- asylum or express fear of persecution. Those water resources project and study au- year backlog of projects reviewed by who do would have to prove that their fear thorizations, as well as important pol- the Army Corps and submitted to Con- was credible—a tougher standard than is icy initiatives, for the U.S. Army Corps gress for authorization. internationally accepted—to an I.N.S. offi- of Engineers Civil Works Program. The measure before us authorizes 33 cial on the spot, with no right to an inter- preter or attorney. S. 640 was introduced on March 28, flood control, environmental restora- Scam artists with concocted stories would 1995, and was reported by the Environ- tion, inland navigation, and harbor be more likely to pass the test than the ment and Public Works Committee to projects which have received a favor- genuinely persecuted, who are often afraid of the full Senate on November 9, 1995. able report by the Chief of Engineers. S11520 CONGRESSIONAL RECORD — SENATE September 27, 1996 Fourteen other water resources ities from the Army Corps to the Fed- gap with Federal tax dollars and local projects are included for authorization, eral Emergency Management Agency governments are hard-pressed to keep contingent upon the Congress receiving [FEMA]. This change, proposed by Sen- up. a favorable Chief’s report by December ator BOND and supported by the two One source of funds that remains vir- 31 of this year. The estimated Federal agencies, authorizes a total of $22 mil- tually untapped is private financing cost of this bill is $3.8 billion. lion over 5 years for FEMA to conduct and operation of these facilities. Al- I would like to note that almost one- dam safety inspections and to provide though many cities are receiving their fourth of the cost of this bill, or an es- technical assistance to the States. drinking water from privately owned timated $890 million, is specifically Next, a provision has been included utilities, this is a much rarer occur- dedicated to environmental restoration to address the administration’s pro- rence for the ownership and operation and protection. In terms of projects, posal to discontinue Army Corps in- of sewage treatment plants. programs and policies, this is far and volvement in shore protection projects. To encourage privatization, as it is away the most environmentally signifi- The provision directs continued beach sometimes called, President Bush is- cant Water Resources Development Act and shoreline protection, restoration sued an Executive order establishing a to have been assembled by the Con- and renourishment activities which are Federal policy for the sale of sewage gress. economically justified. I want to credit plants now owned by cities to entities What are some of the important new Senators MACK and BRADLEY, in par- in the private sector. A policy change policy and program initiatives included ticular, for their efforts on this matter. is necessary, because the law now re- in the bill? First, we have included a Mr. President, this legislation in- quires that any Federal assistance re- provision proposed by the administra- cludes landmark Everglades restora- ceived to build the plant must be re- tion to clarify the cost-sharing for tion provisions. On June 11 of this year, paid from the proceeds of the sale. The dredged material disposal associated the administration submitted its plan Executive order requires that only the with the operation and maintenance of to restore and protect the Everglades. undepreciated value of the grant be re- harbors. The conferees have worked closely paid. Currently, Federal and non-Federal with the Florida delegation to modify However, sales are not the only responsibilities for construction of and improve the administration’s pro- means to encourage private investment dredged material disposal facilities posal to reverse damage done to this in these facilities. Another option is a vary from project to project, depending critical natural resource. long-term lease. This approach may be on when the project was authorized, The provision we have agreed to more advantageous than a sale because and the method or site selected for dis- would: expedite the Corps study proc- sewage plants that remain in the own- posal. ess for future restoration activities; ership of municipal government agen- For some projects, the costs of pro- formally establish the South Florida cies are subject to less stringent pollu- viding dredged material disposal facili- Ecosystem Restoration Task Force; au- tion control regulations than those ties are all Federal. For others, the thorize $75 million for the implementa- that are owned by private entities. non-Federal sponsor bears the entire tion of critical projects through fiscal There has only been one outright sale cost of constructing disposal facilities. year 1999; and authorize important under the Executive order, but several This arrangement is inequitable for nu- modifications to the existing Canal–51 communities including Wilmington, merous ports. and Canal–111 projects. DE, and Cranston, RI, are looking at In addition, the failure to identify Mr. President, I would like to high- long-term lease arrangements. economically and environmentally ac- light an important cost-sharing reform To encourage this approach, the con- ceptable disposal options has reduced made necessary by current budget cir- ference report provides that the re- operations and increased cargo costs in cumstances. The non-Federal share for quirement to repay grants that applies many port cities. Regrettably, this is flood control projects has been in- under the Clean Water Act and the Ex- the case for the Port of Providence in creased from the current 25 percent to ecutive order in the case of a sale Rhode Island. 35 percent. The fact of the matter is would not apply to leases if two condi- Under this bill, the costs of con- that Corps of Engineers’s construction tions are met. First, the municipal structing dredged material disposal fa- dollars are increasingly scarce. agency must retain ownership of the cilities will be shared in accordance In order to meet the very real flood facility. with the cost-sharing formulas estab- control needs across the nation, we are And second, EPA must determine lished for general navigation features forced to require greater participation that the lease furthers the purposes by section 101(a) of the 1986 Water Re- by non-Federal project sponsors. Im- and objectives of the Clean Water Act. sources Development Act. This would portantly, the bill also includes pru- Our principal aim here is to assure that apply to all methods of dredged mate- dent, yet meaningful ability-to-pay eli- privatization does not lead to dis- rial disposal including open water, up- gibility reforms for poor areas. investment. When the Federal Govern- land and confined. This provision will Also provided here is a pilot program ment provided the grant to build the allow ports like the one in Providence to demonstrate the benefits of plant, we required the city to collect to compete on an equal footing. privatizing the management of rates sufficient to maintain the plant We have also expanded section 1135 of wastewater treatment plants through and keep it in good working order. the 1986 act in this bill. Currently, sec- long-term lease arrangements. Over The law and the Executive order also tion 1135 authorizes the Secretary of the past 25 years, Congress has made a require that the consumer charges sup- the Army to review the structure and considerable investment in protecting porting maintenance and reinvestment operation of existing projects for pos- water quality by working with States be imposed in a fair and reasonable sible modifications—at the project it- and cities to ensure the proper treat- way. The administrator is to look to self—which will improve the quality of ment and disinfection of domestic sew- these and other requirements of the the environment. The 1986 act author- age. Federal appropriations exceeding Clean Water Act to ensure that privat- izes a $5 million Federal cost-sharing $65 billion under the Clean Water Act ization does not undermine the pur- cap for each such project and a $25 mil- and $10 billion through the Department poses for which the grant and loan pro- lion annual cap for the entire program. of Agriculture have supported grants grams to finance the construction of The revision included here does not and loans for the construction of sew- sewage treatment plants were first en- increase the existing dollar limits. In- age treatment plants. acted. stead, it authorizes the Secretary to But in recent years, the flow of funds Mr. President, nothing in this legis- implement small fish and wildlife habi- from the Federal level has slowed while lation directs EPA to approve any par- tat restoration projects in cooperation needs at the local level have increased. ticular lease arrangement. As I have with non-Federal interests in those sit- The most recent survey by EPA indi- said, the city of Cranston in my home uations where mitigation is required cates that the cost to build and main- State has developed what I believe to off of project lands. tain needed sewage collection and be an excellent proposal. Mayor Third, we have included a provision treatment facilities across the country Traficante is to be commended on the to shift certain dam safety responsibil- exceeds $130 billion. We can’t close that innovative approach that he is taking September 27, 1996 CONGRESSIONAL RECORD — SENATE S11521 to hold down the costs of municipal frastructure Committee Chairman BUD report requires the corps, for the first government for the people of his city. SHUSTER, his ranking minority mem- time, to provide levee owners with a Cranston has worked closely with ber, JIM OBERSTAR, Representative manual describing what they must do EPA to develop the details of its lease SHERWOOD BOEHLERT, and their excel- in order to maintain a levee to corps and we very much appreciate the as- lent staff. specifications. sistance that EPA has provided. There We have worked closely with the ad- Another important provision of the has been a question on whether Cran- ministration, Mr. President, and I want bill directs the Secretary to provide in- ston would be required to repay part of to recognize the valuable input of As- creased emphasis on recreation oppor- its grant in the event the lease is com- sistant Secretary Martin Lancaster. tunities at corps facilities. And it rec- pleted. This legislation would answer Secretary Lancaster and his team, in- ognizes the problem of funding disposal that question, but only if EPA deter- cluding Deputy Assistant Secretary facilities for dredged materials and al- mines that lease arrangement serves Mike Davis, Jim Rausch, Gary Camp- lows that cost to be considered when the purposes and objectives of the bell, Milton Reider, Bill Schmidtz, calculating the overall cost of a navi- Clean Water Act. John Anderson, Susan Bond, and others gation project. Again, Mr. President, in the area of have aided us immeasurably. Mr. President, while all of these pro- environmental protection, one of the Finally, I want to thank the Senate visions are important improvements to most difficult water quality problems staff who have worked so hard on this current law and corps policy, I have is the discharge of untreated sewage bill. On Senator BAUCUS’s staff, I ex- one overriding concern with this con- into rivers, lakes, and estuaries from tend my appreciation to Jo-Ellen ference report and that is its cost. This combined sanitary and stormwater Darcy and Tom Sliter. On the Repub- bill authorizes $3.8 billion in new Fed- sewers. Sewage treatment plants are lican side, I want to thank staff mem- eral spending. designed to handle all of the bers Ann Loomis, Chris Russell, Steve When the Senate considered this bill wastewater generated by a community Shimberg, Linda Jordan, Stephanie earlier this year, I voiced concern that during dry weather periods. Brewster, Dan Delich and Senate legis- the cost of the bill at that time—$3.3 But for the 1,200 communities that lative counsel, Janine Johnson. billion—was at odds with our efforts to have systems with connections be- I again urge the adoption of the con- balance the budget. Since that time, tween the stormwater and domestic ference report and yield the floor. the cost of the bill has grown. I have sewage pipes, large storm events can Mr. BAUCUS. Mr. President, the Sen- long supported investments in our in- overwhelm the capacity of the treat- ate now has before it the conference re- frastructure, including our water infra- ment works and lead to discharges of port to accompany S. 640, the Water structure. They are necessary if Amer- untreated wastewater. This problem is Resources Development Act of 1996. I ica is to retain its competitive advan- one of the most significant unresolved would like to compliment the conferees tage and keep a sound base of manufac- issues in water quality today. on the fine work they have done in turing jobs. We have this problem in Rhode Is- bringing this conference report to the But we need to make choices about land. The intermittent discharges from Senate for resolution before the 104th these investments, hard choices. And our combined sewer overflows have led Congress adjourns. while the majority of the projects in to closures of swimming beaches and A great deal of work has been done this bill are worthy ones, the truth is shellfishing beds. Rhode Island is well by the House and Senate committees, that we simply cannot afford them all on the way to correcting the problem, working together, to reach this point. at this time. but it will be an expensive undertak- Everyone involved has been diligent in Mr. BOND. Mr. President, we are at ing. applying sound criteria for determining the end of a very long road in the proc- In fact, the solution—a planned un- the worthiness of individual projects. ess of enacting the 1996 Water Re- derground tunnel to hold stormwater I particularly want to commend the sources Development Act authorizing runoff until it can be treated—is the conferees for deleting the House provi- various water resources projects to en- biggest public construction project sion that would have increased the hance flood protection, navigation, en- ever planned for the State, with ex- navigation season on the Missouri vironmental protection, and related pected costs exceeding $450 million. River. The operation of the Missouri Corps of Engineers projects. Special The bill includes an authorization of River is a controversial issue in my thanks and congratulations are in modest Federal assistance to Rhode Is- State. The Corps of Engineers is cur- order for the Chairman of the full com- land to solve this problem and to pay rently in the middle of a comprehen- mittee, Senator CHAFEE and his rank- for the water quality mandate imposed sive review to determine the best way ing member, Senator BAUCUS and the by the Federal Clean Water Act. to manage the river for all interests, Subcommittee Chairman, Senator Mr. President, this legislation is vi- including recreation, navigation, irri- WARNER. They and their excellent staff tally important for countless States gation, hydropower and water supply. have carried the difficult burden of and communities across the country. For Congress to intervene at this sorting through in a bipartisan manner For economic and life-safety reasons, stage of the reevaluation, to predeter- these very complex and sensitive is- we must maintain our harbors, ports mine its outcome, would have been sues—issues that are of vital concern and inland waterways, flood control counterproductive to a fair and equi- to many in this country but levees, shorelines, and the environ- table resolution of this issue. I thank particulary for my State of Missouri. ment. the House conferees for receding to the For States like Missouri, who rely Despite the fact that this package Senate on this issue. greatly on water resources, this legis- represents a 4-year backlog of project There are some laudable provisions lation is crucial to provide safety, eco- authorizations, it is consistent with in this conference report, most notably nomic development opportunities, and the overall funding levels authorized in the changes in flood control policy. cost-effective navigation on our inland previous water resources measures. I With tighter Federal budgets, there is waterway system. Since 1928, for every urge my colleagues to support the con- a growing need for local interests to dollar the corps has spent on flood con- ference report. become even more committed to their trol, 8 dollars’ worth of damages have Before I yield the floor, Mr. Presi- projects. The conference report been avoided. This 8 to 1 benefit to cost dent, I would like to pay tribute to just changes the current Federal cost share ratio does not account for the eco- a handful of the many individuals re- for flood control projects from 75 per- nomic development and job creation sponsible for this important legisla- cent to 65 percent. benefits that flood protection provides. tion. First, I would like to thank Sen- It also reforms the so-called ability- Recent flooding has highlighted the ators WARNER, SMITH, BAUCUS, and to-pay provisions of current law to need to maintain this commitment and MOYNIHAN for their hard work as con- make them more meaningful. It re- keep the Corps of Engineers engaged in ferees. quires floodplain management plans partnering with Missouri citizens in Likewise, we could not have reached and the consideration of nonstructural this regard. This is a safety, jobs, and agreement this year without the ef- alternatives to traditional flood con- international competitiveness issues forts of House Transportation and In- trol facilities. Finally, the conference pure and simple. S11522 CONGRESSIONAL RECORD — SENATE September 27, 1996 Again, I applaud the efforts of the in Connecticut that enable companies tance as one of our region’s most valu- chairman and urge strongly support for to reduce emissions and cut their costs. able economic assets. With the steps this bipartisan legislation. Also, New York City has recently re- we’ve taken this week, we have reas- THE EPA LONG ISLAND SOUND OFFICE duced the amount of floatable debris it sured them that we remained commit- Mr. LIEBERMAN. Mr. President, I produces by 70 percent, thanks to the ted to preserving this great natural re- rise today to note the critical impor- use of booms on many tributaries and source, and that we are not about to tance of this legislation, the Water Re- efforts to improve the capture of com- sell Long Island Sound short. sources Development Act, to the future bined sewer overflows. f of Connecticut’s most valuable natural With Congress’ help, the LISO will resource, Long Island Sound. soon be able to build on that progress EVERGLADES RESTORATION Included in the bill is a provision re- and significantly broaden its efforts to PROVISION authorizing the EPA’s Long Island bring the Sound back to life. This week Mr. MACK. Mr. President, I rise Sound Office [LISO], which was estab- the House and Senate approved an ap- today in strong support of the con- lished by legislation I was proud to propriation of the $700,000 for the Long ference report on the Water Resources sponsor 6 years ago, and which is now Island Sound Office, doubling our com- Development Act and, in particular, responsible for coordinating the mas- mitment from the current fiscal year. the provision in the bill relating to the sive clean-up effort ongoing in the These additional funds will be used in restoration of Florida’s Everglades. I Sound. Quite simply, the LISO is the part to launch an ambitious habitat want to especially thank the distin- glue holding this project together, and restoration project. The States of New guished chairman of the committee, I want to express my deep appreciation York and Connecticut have been work- Mr. CHAFEE. The Senator from Rhode to the chairman and ranking member ing with the LISO and the U.S. Fish Island clearly understands the unique of the Environment and Public Works and Wildlife Service to develop a long- nature of the Everglades problem and, Committee—Senators CHAFEE and BAU- term strategy in this area, and they on behalf of all Floridians, I extend my CUS—for their help in making sure this have already identified 150 key sites. appreciation for his efforts on behalf of office stays open for business. The next step is to provide grants to this legislation. Mr. President, the Long Island Sound local partnerships with local towns and It is no secret, Mr. President, that Office has been given a daunting task— private groups such as the National the Everglades are a resource unique orchestrating a multibillion dollar, Fish and Wildlife Foundation and The and precious to all Americans. This decade-long initiative that requires the Nature Conservancy, which would ‘‘river of grass’’—extending from the cooperation of nearly 150 different Fed- focus on restoring tidal and freshwater Kissimmee chain of lakes through to eral, State and municipal agents and wetlands, submerged aquatic vegeta- Florida Bay and the Florida Keys—is offices. Despite the odds, and the lim- tion, and areas supporting anadromous the primary source of south Florida’s ited resources it has had to work with, fish populations. drinking water, critical to our cultural the LISO is succeeding. Over the last The funding will also be used for site- heritage and essential to our continued few years, the EPA office has developed specific surveys to identify and correct economic well-being. As the Everglades strong working relationships with the local sources of non-point source pollu- go, Mr. President, so goes south Flor- State environmental protection agen- tion. This effort will focus on malfunc- ida. How best to craft a balance be- cies in Connecticut and New York, tioning septic systems, stormwater tween the urban, agricultural, and en- local government officials along the management, and illegal stormwater vironmental interests presents one of Sound coastline and a number of connections, improper vessel waste dis- the greatest challenges facing this gen- proactive citizen groups. Together, posal, and riparian protection. All of eration of Floridians. these many partners have made tre- these sources contribute in some way This Congress has already dem- mendous progress toward meeting the to the release of pathogens and toxic onstrated its unwavering commitment six key goals we identified in the compounds into the Sound, a problem to this resource by appropriating $200 Sound’s long-term conservation and that is restricting the use of area million in direct funding for Ever- management plan. beaches and shellfish beds and hurting glades restoration during consideration The plan’s top priority is fighting hy- our regional economy. of the farm bill earlier this year. This poxia, which is caused by the release of Finally, the LISO will continue to move represents the single-largest nutrients into the Sound’s 1,300 square build on the successful public edu- funding commitment to the Everglades miles of water. Thanks in part to the cation and outreach campaign it initi- in history and is indicative of the in- LISO’s efforts, nitrogen loads have ated last year. In New York, the LISO terest this Congress has in ensuring dropped 5,000 pounds per day from the has already been in contact with public that this important resource is passed baseline levels of 1990, exceeding all ex- leaders in 50 local communities, held on to future generations. pectations. In addition, all sewage follow-up meetings with officials in 15 It has not always been so. In an effort treatment plants in Connecticut and in key areas, and scheduled on-the-water to provide flood control for the rapidly- New York’s Westchester, Suffolk, and workshops for this fall. The LISO is growing region, Congress in 1948 au- Nassau counties are now in compliance planning to conduct a similar effort to thorized the massive central and south- with the no net increase agreement reach out to Connecticut communities ern Florida project. The goal of this ef- brokered by the LISO, while the four in 1997. fort was to drain the swamp through a New York City plants that discharge All of this could have been put in series of canals extending from Lake into the East River are expected to be jeopardy, however, if we had not acted Okeechobee to the sea. The result was in compliance by the end of this year. to extend the LISO’s authorization, thousands of acres opened to agri- And the LISO is coordinating 15 dif- which is set to expire next week. The culture and development and an un- ferent projects to retrofit treatment clean-up project is a team effort, with precedented economic expansion in the plants with new equipment that will many important contributors, but it region. help them reduce the amount of nitro- would be extremely difficult for those This was not, however, without a sig- gen reaching the Sound. many partners to work in concert and nificant cost. The reallocation of water The LISO and its many partners have keep moving forward without the lead- resulting from the project disrupted made great strides in other areas, such ership and coordination that the LISO the natural hydroperiod of the Ever- as cracking down on the pathogens, has supplied. So I want to thank my glades. Wildlife populations plummeted toxic substances, and litter that have colleagues, especially my friends from and fresh water flows were diminished. been finding their way into the Sound Rhode Island and from Montana, for Critical resources like Florida Bay—a watershed and onto area beaches. A passing this provision before the once-vibrant body of water that sus- major source of toxic substances are LISO’s authorization lapsed. tained both a healthy environment and industrial plants, and over the last few The people of Connecticut care deep- a strong coastal economy—began to years the LISO has helped arrange ly about the fate of the Sound, not wither on the vine. As Florida’s coastal more than 30 pollution prevention as- only because of its environmental im- communities felt the effect of this sessments at manufacturing facilities portance but also because of its impor- harm, an effort began to rethink the September 27, 1996 CONGRESSIONAL RECORD — SENATE S11523 project and how it relates to the new The legislation further contains $75 ments at their current fair market realities in south Florida. million in authority for the Corps of value, as if the lands are not affected In 1992, Mr. President, Congress di- Engineers to construct projects deemed by rising ground water and the risk of rected the Army Corps of Engineers to critical to the restoration effort. The surface flooding. perform a Comprehensive Review report language accompanying this bill I applaud this provision that justly Study—restudy—of the C&SF project indicates five projects which ought to compensates these landowners for dam- with an eye toward capturing the mil- be top priority for the corps as it exer- age to their land from rising ground lions of acre-feet of fresh water cur- cises this authority. These projects are water and the risk of surface flooding rently being lost to tide every year and universally accepted in south Florida due to the operation of the Garrison reallocating this resource within the as projects which can be carried out Dam. south Florida ecosystem. This restudy within the next 3 years and which will Mr. President, I would also like to presents the opportunity to integrate significantly accelerate the restoration express my position to a provision in scientifically sound environmental res- effort. this bill that raises the non-Federal toration into the mix of priorities in Lastly, Mr. President, this bill estab- cost-share requirement for Corps of En- south Florida in a balanced, equitable, lishes in law the South Florida Eco- gineers flood control projects from 25 and responsible manner. system Restoration Task Force. This is percent to 35 percent. it is my under- Due to the complexity of this task an intergovernmental body which in- standing that this provision does not and the difficulty coming to consensus cludes representatives from the Fed- apply to flood control projects that on solutions, it began to appear that eral Government, State and local enti- have previously been authorized, or are this restudy would last at least several ties and the two Indian tribes present authorized in this bill. years into the next century. This, Mr. in the Everglades. The task force is I am concerned that this provision President, was simply unacceptable. based largely on the successful ar- will have a detrimental impact on The citizens and water users in south rangement currently operating in smaller communities in North Dakota Florida have a legitimate interest in south Florida and will provide a forum that are in need of flood control knowing the specifics of the restora- for exchanging information, taking projects. I understand the motivation tion effort sooner rather than later. public comment and input, and coordi- to save the Federal Government money The Congress has a legitimate interest nating the overall restoration effort. by requiring local partners to contrib- in knowing how much all of this is Mr. President, we believe this pack- ute more to these flood control going to cost the Federal Government. age represents a significant step for- projects. However, this provision will And the State of Florida—which has ward in the continuing effort to restore place a significant financial burden on committed to become a 50/50 partner the Everglades and provide a sustain- communities in North Dakota that are with the Federal Government in this able economy for all the residents of in dire need of flood control projects effort—has a legitimate interest in south Florida. I again express my sin- but do not possess the resources or the knowing the size and duration of its cere appreciation to Senator CHAFEE tax-base to raise this additional cost commitment to Everglades restora- and Senator BAUCUS—and the Environ- share. tion. ment Committee staff—for their out- Also, some communities in my State, In fact, the State of Florida recog- standing support and leadership on this such as Grand Forks, are currently nized the need for balance and consen- effort. I urge my colleagues to support cost-sharing feasibility studies for sus several years ago. The Governor’s the conference report. flood control projects with the corps. Commission for a Sustainable South Thank you, Mr. President. These communities have committed Florida—an ad-hoc coalition of 46 in- Mr. CONRAD. Mr. President, I rise significant funds based on the fact any terest groups and governmental enti- today in support of S. 640, the Water flood control project that resulted from ties across the spectrum in south Flor- Resources Development Act of 1996 the study would be cost-shared at a 75- ida—was created to seek out restora- [WRDA]. Congress last passed a WRDA to-25 Federal/non-Federal ratio. This tion goals and projects which everyone bill in 1992, and I am pleased that we provision places a financial burden on agreed would accelerate the restora- are able to pass this legislation that communities like Grand Forks that are tion without harming the various authorizes spending for many impor- currently financing feasibility studies water users. The commission recently tant water projects. and budgeting for a cost share of 25 unanimously approved a remarkable A provision in this bill authorizes the percent on flood control projects. It is document which details 40 specific Secretary of the Army to acquire, from my hope the Congress would recognize projects. This blueprint will increase willing sellers, permanent flowage and the negative impact this provision has the pace of restoration while taking saturation easements for lands within on communities like Grand Forks and into account the water-related needs of or contiguous to the boundaries of the allow flood control projects to be con- all parties in the region. The corps has Buford Trenton Irrigation District, ND. structed under the current 25 percent indicated that if it were able to work These flowage easements are to com- non-Federal cost-share, should the from this consensus document, it could pensate landowners for land that has community demonstrate an inability come to closure on the restudy within been affected by rising ground water to meet the 35 percent cost-share re- 3 years. and the risk of surface flooding due to quirement. Thus began, Mr. President, our ef- the operation of the Garrison Dam on Mr. President, I would like to thank forts this year. After much negotiation the Missouri River. The corps began the chairman of the Senate Committee and effort, my colleague from Florida, operation of this Dam in 1955. on Environment and Public Works, Senator GRAHAM and I were able to ar- In acquiring these easements, this Senator CHAFEE, and the ranking mem- rive at the package we are considering provision specifies the Secretary shall ber of the committee, Senator BAUCUS, today. pay an amount based on the unaffected for their efforts in completing this im- Specifically, Mr. President, the legis- fee value of the lands, meaning the portant legislation during the 104th lation before us requires the corps to value of the lands as if unaffected by Congress. submit a comprehensive plan for res- rising ground water and the risk of sur- Mr. President, I ask unanimous con- toration of the Everglades by July 1, face flooding. The intent of Congress is sent that two letters be printed in the 1999. This plan will include a list of spe- for the Secretary to acquire these ease- RECORD. cific projects for authorization by Con- ments based on the current fair market There being no objection, the letters gress and will include the necessary en- value of the land, and not the value of were ordered to be printed in the gineering and design. Clearly, this will land before Garrison Dam was oper- RECORD, as follows: require a monumental effort by the ational. I would like to submit a copy U.S. SENATE, corps as it works to complete its work of a letter I sent to the corps request- Washington, DC, September 26, 1996. by this deadline. We have been repeat- ing a clarification of their intent in H. MARTIN LANCASTER, Assistant Secretary for Civil Works, Department edly assured by the corps that it can be implementing this provision, and a of the Army, Washington, DC. done without shortcutting necessary copy of the corps’ response stating the DEAR ASSISTANT SECRETARY LANCASTER: I engineering and planning. Secretary shall appraise these ease- am writing in regard to the Water Resources S11524 CONGRESSIONAL RECORD — SENATE September 27, 1996

Development Act of 1996 (WRDA). I would CHAFEE, Chairman WARNER, and Sen- The conference report authorizes the like to know the intent of the U.S. Army ator BAUCUS, to ensure that this legis- flood control project in the Plot and Corps of Engineers in implementing Section lation reauthorizes the Saw Mill Run Green Ridge areas, with the cost-shar- 336 of this bill. As you know, Section 336 of the conference project in Pittsburgh, authorizes Army ing element to be worked out between version of the WRDA bill authorizes the Sec- Corps of Engineers funding for up- the Army Corps of Engineers and the retary of the Army to acquire, from willing grades to the storm water pumping sta- city of Scranton. This is a creative so- sellers, permanent flowage and saturation tion at the Wyoming Valley levee rais- lution to a difficult problem and I am easements for lands within or contiguous to ing project in Luzerne County, and au- hopeful that the city and the Common- the boundaries of the Buford Trenton Irriga- thorizes a flood control project for the wealth will work together to develop a tion District in North Dakota. These flowage Plot and Green Ridge neighborhoods in strategy for providing the non-Federal easements are to compensate landowners for Scranton. share of the project costs. It is worth land that has been affected by rising ground The flood protection project at Saw water and the risk of surface flooding due to noting that the fiscal year 1997 energy the operation of the Garrison Dam on the Mill Run will alleviate flood damage in and water appropriations bill contains Missouri River. the West End section of Pittsburgh, $600,000 for initial planning and design In acquiring these easements, this provi- bringing relief to residents who have work of the Plot/Green Ridge projects, sion specifies the Secretary shall pay an been hard hit by overbank flooding and which means that additional time will amount based on the unaffected fee value of creating opportunities for economic de- not be lost on protecting the residents the lands, meaning the value of the lands as velopment in the Saw Mill Run cor- of those areas. if unaffected by rising ground water and the ridor. During my visit to the project risk of surface flooding. The intent of Con- site with the mayor of Pittsburgh, Tom Mr. President, thousands of families gress is for the Secretary to acquire these and businesses in Pennsylvania were easements based on the current fair market Murphy, on November 21, 1995, he and I discussed the city’s commitment to adversely affected by in this January’s value of the land, as if unaffected by rising floods, and one of my priorities has ground water and the risk of surface flood- protecting its vulnerable riverside ing. Implementing this provision as Congress communities and to providing the been that Congress respond with suffi- intends will justly compensate these land- city’s share of the development funds. I cient funding for justified Army Corps owners for damage to their land due to the am pleased that this project can go for- projects. I remain concerned with the operation of the Garrison Dam. ward and that we were able to secure time it takes to make progress on var- I am requesting an assurance from the ious corps projects in Pennsylvania and Corps that, for the purpose of acquiring $500,000 for construction-related costs in the fiscal year 1997 energy and water will continue to explore ways to these flowage easements, this land will be streamline the construction process. In appraised at the current fair market value, appropriations legislation. as if unaffected by the operation of Garrison The Wyoming Valley levee raising the meantime, this legislation allows Dam. project is necessary to the completion much-needed flood control projects to Thank you for your consideration and I of the flood control project of 1986, so go forward and thus deserves our sup- look forward to hearing from you. that the families and businesses of Wy- port. Sincerely, oming Valley will not have to with- Mr. KEMPTHORNE. Mr. President, I KENT CONRAD, U.S. Senate. stand the devastation of flooding as am pleased today to support the Water they did in 1972 from Tropical Storm Resources Development Act of 1996 and DEPARTMENT OF THE ARMY, OFFICE Agnes. This January’s flooding forced I would like to congratulate the con- OF THE ASSISTANT SECRETARY, more than 100,000 people to evacuate ferees of the Environment and Public CIVIL WORKS, 108 ARMY PENTA- their homes and businesses and re- Works Committee for their fine work GON, sulted in President Clinton’s declaring supporting the Senate’s position on Washington, DC, September 27, 1996. it a disaster area. Such a flood control this bill. Hon. KENT CONRAD, U.S. Senate, project is vitally important to the af- I also want to thank the conferees for Washington, DC. fected communities along the Lacka- supporting my amendments to that DEAR SENATOR CONRAD: This letter is writ- wanna River and is deserving of signifi- bill. Specifically, the committee sup- ten in response to your letter dated Septem- cant attention from the Congress. This ported research and development pro- ber 26, 1996, regarding the Army Corps of En- February, the corps approved the Gen- grams to improve salmon survival and gineers intent in implementing Section 336 eral Design Memorandum and has supporting the continuing presence of of the conference version of the proposed begun to develop the mitigation meas- Water Resources Development Act of 1996. the dredge fleet in the Columbia River. In implementing section 336 and the acqui- ures for the downstream communities. This legislation incorporates an By now everyone in the country sition of flowage easements from willing knows the immense challenges we in sellers, the Corps shall appraise such ease- amendment offered on my behalf in the ments at their current fair market value as Senate managers’ amendments which the Northwest face concerning salmon if the lands are not affected by rising ground directs the corps to take responsibility survival in the Columbia and Snake water and the risk of surface flooding. for funding the upgrades to the storm Rivers. The puzzle of salmon survival is I hope this letter addresses your concerns. water pumping stations. a complex one which has its roots in Sincerely, Finally, I have worked closely with not only the water projects on the Co- JOHN H. ZIRSCHKY, Senator SANTORUM, Congressman JO- lumbia and Snake Rivers but also on Principal Deputy As- the coasts and in the open ocean. Al- sistant Secretary of SEPH MCDADE, Chairman CHAFEE, and the Army (Civil Scranton Mayor Jim Connors on legis- though a great deal of money has been Works). lation authorizing the modification of spent on salmon survival, I was sur- Mr. SPECTER. Mr. President, I have the ongoing project for flood control prised in hearings before the Drinking sought recognition to speak in support along the Lackawanna River in Scran- Water, Fisheries and Wildlife Sub- of the Water Resources and Develop- ton to include the Diamond Plot and committee that sometimes basic re- ment Act of 1996. This legislation au- Green Ridge neighborhoods. These search into salmon survival is either thorizes funding for a number of criti- neighborhoods have been consistently not done or waits until adaptive man- cal flood control projects in Pennsylva- damaged by flooding, including in 1985, agement techniques are implemented. nia, whose need was once again dem- 1986, 1993, and 1996. On March 11, 1996, I The intent of my amendment was to onstrated by the devastating flooding convened a meeting in the city council ensure that basic research into marine that occurred in January 1996. It will chambers so Federal, State, and local mammal predation, spawning and provide essential protection to existing officials, the Army Corps, and residents rearing areas, estuary and near ocean commercial and residential develop- could discuss the potential for a Fed- survival, salmon passage, light and ments, reducing losses attributable to eral flood control project. I came away sound guidance of salmon, surface col- floods, lowering flood insurance, and from that meeting even more im- lection, transportation, dissolved gas creating opportunities for economic pressed with the need for the Federal monitoring, and other innovative tech- growth. Government to respond with a substan- niques to improve fish survival does I have worked closely with Senator tial flood control effort to protect the not have to wait until an adaptive SANTORUM, as well as Chairman lives and property of the residents. management experiment is initiated. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11525 Adaptive management should be a re- tions as may be proper to protect that The White River Basin Lakes were sponse to sound science not a sub- contribution. It is equally clear that authorized during an era when our Na- stitute for it. A $10 million authoriza- such action can occur only as long as tion’s needs and economies were quite tion is provided for this research. the primary project purposes, pre- different from today. While the Con- The amendment would also ensure a viously established by law and prac- gresses of the 1940’s were visionary and continuing authorization for advanced tical application of that law, are fully accomplished many positive things for turbine development. One of the most protected. our Nation in terms of flood control, overlooked sources of renewable energy It should be remembered that pru- and later power generation, it would in the Nation’s energy arsenal is hy- dent use of our Nation’s water re- have been impossible for them to imag- droelectric power. New research into sources is not limited to a few specific ine the development of tourist indus- turbine design has been for the most purposes that are mutually exclusive of tries, such as Branson, MO, that would part overlooked. With the environ- one another. In addition, we must also be affected by these lakes. It would mentally and fish friendly turbine de- recognize that, at times, the establish- have been impossible to know that mil- sign research authorized by this bill we ment and protection of priorities are lions of visitors each year would spend can ensure that innovative, efficient, also proper elements of public policy. untold millions of dollars on recreation and environmentally safe hydropower Such is the case here. It is true that related goods and services. turbines will be providing us with the the tourism and recreation industries I am aware of the concerns of power next generation of power into the 21st have grown beyond the expectations of suppliers in both States who worry century. A $12 million authorization is anyone associated with the original that this language will somehow subor- provided for this research. construction of flood control and power dinate power generation at these dams Finally, the Water Resources Devel- generation facilities along the White to recreation interests. Mr. President, opment Act includes language which River. However, this does not mean as we read this language, it is abso- ensures the continued presence of that our continuing support for flood lutely clear that flood control and Army Corps of Engineers hopper control and efficient power generation power generation will not be adversely dredges in the Pacific Northwest. I has diminished in any degree. affected by any actions that this legis- thank the conferees and Chairman I have long been one of the strongest lation authorizes the Army Corps of CHAFEE for including language in the supporters in the U.S. Senate of hydro- Engineers to undertake. This language bill which directs the Secretary to not electric power generation. It is one of simply grants a place at the table to reduce the availability or utilization of the most efficient and environmentally recreation, tourism and fish and wild- Federal hopper dredge vessels on the based sources available to our ever- life interests. It allows the Corps of En- Pacific coast below 1996 levels. I appre- growing demand for energy. Reason- gineers to consider impacts on these ciate the conferees working closely able electric rates are critical to eco- interests when making decisions about with me to develop language that nomic development and a comfortable the management and operation of these would ensure that the necessary re- standard of living for our people. I un- lakes. This is long overdue. sources remain available to keep the derstand the concerns of those involved Mr. INHOFE. I too am concerned Columbia River channel open to com- with power generation along the White that this language not adversely im- merce of up river cities, including Ida- River that the inclusion of recreation pact flood control, power generation ho’s inland port of Lewiston. as a project purpose may somehow im- capacity, energy production, Federal I wholeheartedly support this legisla- pair their access to an efficient and af- revenues or other authorized purposes. tion and I thank the conferees for their fordable energy source. Let me clearly Has the Senator from Arkansas been in consideration of my concerns. state that these concerns are totally contact with the Corps of Engineers to WHITE RIVER BASIN LAKES, ARKANSAS AND unnecessary. this regard? MISSOURI The provision before us plainly pro- Mr. BUMPERS. My office has con- Mr. BOND. Mr. President, section 304 hibits any adverse impact to power tacted representatives of the Corps of of this legislation includes ‘‘recreation generation. We clearly recognize the Engineers and they share our interpre- and fish and wildlife mitigation’’ as customary practices employed by the tation that this provision, as drafted, purposes of the White River Basin Corps of Engineers and power genera- cannot adversely impact ratepayers. As Lakes project approved June 28, 1938 (52 tors along the White River which have stated by my colleague from Arkansas, Stat. 1218.). There are some in my achieved proper resource conservation, we have no intention that this provi- State who have voiced strong concern energy output, and ratepayer equity. sion will raise rates, affect energy pro- that this provision may impact ad- In no way should those practices be im- duction or federal revenues or any versely the currently authorized paired or restricted by this provision. other project purposes currently au- project purposes of flood control, power Instead, we have made certain that thorized. Conversely, it is our strong generation, and other purposes. They power generation, along with flood con- view that there are measures that can fear that the outcome may be loss in trol and other prior purposes and prac- be taken to assist the tourism and fish generation capacity or energy produc- tices, will remain intact. and wildlife interests that do not im- tion which would increase the costs to Mr. PRYOR. Mr. President, I join my pact adversely the existing project pur- ratepayers and adversely affect the re- colleague from Arkansas to express poses. It is not our intention to have gion’s citizens. thanks to the Committee on Environ- this provision result in loss of genera- The Senate language, however, ex- ment and Public Works for including tion capacity or increase exposure to plicitly authorizes these new purposes the language in section 304 of the ratepayers. It was for this reason that ‘‘to the extent that the purposes do not Water Resources Development Act re- we drafted the language in such an ex- adversely impact flood control, power lating to the project purposes of the plicit manner. generation, or other authorized pur- White River Basin Lakes in Missouri Mr. BOND. Mr. President, is it the in- poses of the project.’’ Is it the intent of and Arkansas. This is a significant de- terpretation of the distinguished chair- the Senators from Arkansas, who spon- velopment for the tourism and recre- man of the Committee that the clear sored this provision, that this provi- ation industries in our States. priority project purposes remain flood sion forbids any adverse impacts on In Arkansas, tourism has become the control, power generation capacity, en- currently authorized projects? second leading industry, directly be- ergy production, Federal revenues, and Mr. BUMPERS. The Senator from hind agriculture, in terms of its impact those other purposes authorized sub- Missouri is correct. We drafted this on State and local economies. Nowhere ject to the 1938 law and that the addi- language to explicitly preclude adverse is it felt more strongly than in the tional authorization included in this impacts to flood control, power genera- White River Basin. And it is not just legislation shall be secondary should tion, and the other project purposes. It the local economies that feel the im- there be any conflict between them, is the clear intent of this legislation to pact. The tax revenues generated re- and the current operation of the recognize the contribution of tourism turn to the Federal treasury an projects for the purposes of flood con- and recreation to the economies of our amount far exceeding the Federal in- trol and power shall remain project pri- respective States and to take such ac- vestment. orities? S11526 CONGRESSIONAL RECORD — SENATE September 27, 1996 Mr. CHAFEE. The Senator from Mis- vironment and Public Works Commit- the conferees that the authorization of souri is correct. The project priorities tee, yield for a question? this project will allow the use of sec- are clear. Mr. CHAFEE. I will be happy to yield tion 1135 studies as well as funding so Mr. BOND. Mr. President, I appre- to the Senator from California. that there is no further delay in the en- ciate the consideration of the Senators Mrs. BOXER. I first want to thank gineering, design, and construction of from Arkansas, Senator INHOFE from the chairman as well as Senator BAU- this project. Is my interpretation cor- Oklahoma and the chairman of the CUS, the ranking Democrat, and Sen- rect? Committee. Hydropower is critical to ator JOHN WARNER, the chairman of the Mr. CHAFEE. Yes, the intent here is the citizens and economies of our Transportation and Infrastructure Sub- to include the habitat restoration work states. I understand that power produc- committee, for their determination to as part of the authorized project. Stud- ers have been working already with bring the Water Resources Develop- ies which have been completed by the fish and wildlife specialists to accom- ment Act to conference. They have Secretary for the habitat restoration modate their interests. As this project crafted a bill and a conference report should be put to use. Similarly, appro- proceeds, I will watch with great inter- that will mean for my State of Califor- priations approved by Congress for the est to see that fish and wildlife inter- nia strong economic progress by open- project should be made available to ests can be served additionally without ing our ports to more international avoid unnecessary delay. undermining the clear and explicit in- trade, protecting our people from natu- Mrs. BOXER. I thank the chairman tent of this provision. ral disasters while providing opportuni- for his responses and for his continued Mr. CONRAD. I notice that the chair- ties to preserve and enhance the envi- leadership in water resource develop- man of the Senate Committee on Envi- ronment. ment and environmental protection. ronment and Public Works is on the I would like to focus on one provision THE LA FARGE DAM floor. I would like to engage him in a of the bill involving the American river Mr. FEINGOLD. Mr. President, I short colloquy. watershed. Mr. President, subpara- want to express my strong support for As you know, section 336 of the Water graph D of this provision states: the conference language in the 1996 Resources Development Act of 1996 au- The non-Federal sponsor shall be respon- Water Resources Development Act re- thorizes $34 million for the Secretary sible for . . . 25 percent of the costs incurred authorization [WRDA] that of the Army to acquire, from willing for the variable flood control operation of deauthorizes the La Farge Dam and sellers, permanent flowage and satura- the Folsom Dam and Reservoir. Lake project. I wish to commend the tion easements for lands within and Therefore, I interpret this to say that hard work of the Senator from Rhode contiguous to the boundaries of the the local, non-Federal share of the Island [Mr. CHAFEE], the Senator from Buford Trenton Irrigation District, costs of the variable flood control oper- Montana [Mr. BAUCUS], the Senator North Dakota. These flowage ease- ation of Folsom Dam is not to exceed from Virginia [Mr. WARNER], and their ments are to compensate landowners 25 percent. staff in completing the conference on for land that has been affected by ris- It is also my understanding that it is this measure in a timely fashion prior ing ground water and the risk of sur- the intent of the conferees that the re- to the adjournment of the 104th Con- face flooding due to the operation of maining 75 percent of the costs associ- gress. I have also been very pleased the Garrison Dam on the Missouri ated with the variable flood control op- with the collegial work that has taken River. The corps began operation of eration of Folsom Dam and Reservoir place among the Members of the Wis- this dam in 1955. be the responsibility of the United consin delegation—Representative In acquiring these easements, this States and that such costs shall be con- GUNDERSON, Senator KOHL, and my- provision specifies the Secretary shall sidered a nonreimbursable expense. In self—in steadfastly pursuing this de- pay an amount based on the unaffected other words, these costs should not be authorization this year. fee value of the lands, meaning the passed on to the water and power rate- As I stated when this measure passed value of the lands as if unaffected by payers of California. May I ask the the Senate in July 1996, I am pleased rising ground water and the risk of sur- chairman if my understanding of the that the Congress is finally acting to face flooding. Would the chairman language is correct? end this controversial project and to agree that it is the intent of Congress Mr. CHAFEE. Yes, the intent here is seek a new beginning for the Kickapoo that the unaffected fee value of the to ensure that the costs associated Valley. We are finally able to say to land be based on the current fair mar- with the variable flood control oper- the people of the Kickapoo Valley that ket value of the land as if unaffected ation of Folsom Dam and Reservoir be the Federal Government can act to im- by rising ground water and the risk of shared between the non-Federal project prove their lives and correct a situa- surface flooding, and not the value of sponsor and the Federal Government. tion that has long been the symbol, to the land before the Garrison Dam was The cost of the provision of interim many in the area, of a broken promise. operational? flood protection to the citizens of Sac- This legislation will allow the property Mr. CHAFEE. I would agree with the ramento is to be shared. to be managed jointly by a local gov- Senator that the intent of Congress is Mrs. BOXER. I thank the Senator ernment panel comprised of local, to compensate these landowners, as from Rhode Island for this clarifica- State and tribal representation. It will necessary, for damages due to the oper- tion, and ask if he would yield for a be the first time in our State’s history ation of the Garrison Dam using the question on another provision. that these three different levels of gov- current fair market fee value of the Mr. CHAFEE. I will be happy to ernment will work together to manage land. The Secretary shall value the yield. a property to preserve its ecological in- land using current fair market rates as Mrs. BOXER. The Water Resources tegrity while allowing the public ac- if the land has not been affected by ris- Development Act authorizes construc- cess to the outstanding recreational ing ground water and the risk of sur- tion of the San Lorenzo River flood opportunities. face flooding, and would compensate control project. The authorization in- I wanted to briefly review the details the landowners based on this price as- cludes critical habitat restoration, of the conference agreement with re- sessment. The Secretary should not which is to done in conjunction with spect to this project. Under this legis- value this land at the pre-project rate. the flood control portion. lation, the 8,569 acres of land purchased Mr. CONRAD. I thank the chairman It is my understanding that the by the Federal Government for the for clarifying the intent of Congress re- Army Corps of Engineers has com- construction of the La Farge Dam and garding the purchase of flowage ease- pleted the prerequisite studies for this Lake project will be transferred to two ments for lands in and adjacent to the restoration under the section 1135 envi- owners: The State of Wisconsin and the Buford Trenton Irrigation District. I ronmental restoration program. In ad- Ho Chunk Nation, a federally recog- also want to thank the chairman for dition, the fiscal year 1995 and 1997 en- nized tribe in my State. The Ho Chunk his efforts in passing this important ergy and water appropriations bills di- Nation will receive no more than 1,200 legislation during the 104th Congress. rect funding for this project through acres in the transfer of culturally and Mrs. BOXER. Will Senator CHAFEE, the section 1135 program. Further, it is religiously significant sites, and the the distinguished chairman of the En- my understanding that the intent of State will receive the rest. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11527 This transfer will occur once the Mr. FORD. Mr. President, I know grams, including the Airport Improve- State and the tribe enter into a memo- there will be an objection after I make ment Program, for fiscal year 1997; randum of understanding [MOU]. That my statement, and I regret that. We Ensure that the FAA has the re- MOU must ensure that the property is have worked long and hard to bring sources it needs to improve airport and developed only to enhance outdoor rec- this FAA reauthorization bill to the airline security in the near term; reational or educational purposes, de- floor. I have worked years on it, along Direct the National Transportation scribed how the lands will be jointly with the occupant of the Chair. We Safety Board to establish a program to managed, protect the confidentiality of have security in there. We have fund- provide for adequate notification of sites of cultural and religious signifi- ing for airports. We have the money to and advocacy services for the families cance to the Ho Chunk as appropriate, cover letters of intent. All of this is ex- of victims of aircraft accidents; and establish the terms by which the tremely important. And one item in Enhance airline and air travelers’ agreement will be revisited in the fu- this bill is going to bring it down. safety by requiring airlines to share ture. I wish it was not in there. I wish we employment and performance records I am particularly pleased that the did not have it, but it is there. And I before hiring new pilots; conference committee was able to in- hope that those that object to that por- Strengthen existing laws prohibiting clude a $17 million authorization for tion of it would just give us an up-and- airport revenue diversion, and provide improvement projects at this site, an down vote. The House did that. And the FAA with the tools they need to authorization which was supported by why we could not have an up-and-down enforce Federal law prohibiting reve- the Wisconsin delegation and the local vote—based on the content of the bill, nue diversion; community. These improvements in- if you are opposed to all of this, all the Most important, provide for thorough clude: Reconstruction of the three funding for the airports, all the secu- reform, including long-term funding re- roads; remediation of old underground rity, and opposed to all the money form, of the FAA to secure the re- storage tanks and wells on the aban- going to your airports, opposed to es- sources to ensure we continue to have doned farms; and the stabilization of sential air service, all these things, the safest, most efficient air transpor- the old dam site. then you have to vote no on the whole tation system in the world. Next month, members of a guberna- bill for this one item. To assure air travelers and other torially appointed negotiating panel Mr. LOTT. Mr. President, if I could users of our air transportation system will meet with representatives of the just make a comment before there is that safety is paramount, the bill: Requires the FAA to study and re- Ho Chunk Nation to begin the MOU ne- objection, if there is in fact going to be port to Congress on whether certain air gotiating process. Bolstered by the pas- objection, to be heard further in sup- carrier security responsibilities should sage of this legislation, I know they port of my unanimous-consent request. be transferred to or shared with air- will try to work as swiftly as possible I want to thank the Senator from Ken- tucky for his good work on this legisla- ports or the federal government; to complete their task. Requires the National Transpor- In conclusion, Mr. President, I again tion. It has been a long time coming. tation Safety Board [NTSB] to take ac- want to express my gratitude to the He and Senator MCCAIN and Senator tion to help families of victims follow- members of the conference committee STEVENS and others have worked very ing commercial aircraft accidents; for their assistance in working with hard. Requires NTSB and the FAA to work You have an outstanding bill here. In the delegation on this matter. I believe together to develop a system to clas- less than 72 hours the Federal Govern- that this legislation will result in a sify aircraft accident and safety data ment’s authority to provide critical truly landmark arrangement for the maintained by the NTSB, and report to funding to airports across the country management of a public recreational Congress on the effects of publishing and our national air transportation area. I look forward to the final estab- such data; lishment of the Kickapoo Valley re- system will expire unless we pass this Ensures that the FAA gives high pri- serve, and the protection of this truly FAA reauthorization bill. I am talking ority to implement a fully enhanced outstanding resource. about over $9 billion annually for the safety performance analysis system, I first introduced legislation, S. 2186, national needs, such as air traffic con- including automated surveillance; to achieve this goal on June 14, 1994, trol, repair, maintenance and mod- Bolsters weapons and explosive de- and reintroduced that measure as S. 40 ernization of our air traffic control tection technology through research on January 4, 1995. It is a great pleas- equipment, repair and construction of and development; ure to see this measure finally enacted. runways, taxiways, and other vital Improves standards for airport secu- Mr. LOTT. Mr. President, I ask unan- aviation infrastructure, the purchase rity passenger, baggage, and property imous consent that the conference re- of critical firefighting equipment at screeners, including requiring criminal port be considered adopted, the motion our Nation’s airports. And the list goes history records checks; to reconsider be laid upon the table, on. I mean, this is also very much a Requires the FAA to facilitate quick and that statements relating to the re- question of safety. deployment of commercially available port be placed at this point in the Mr. FORD. No question about it. explosive detection equipment; RECORD. Mr. LOTT. Mr. President, the recent Contains a sense of the Senate on the The PRESIDING OFFICER. Is there tragic aircraft accidents, and continu- development of effective passenger objection? Without objection, it is so ing reports of power outages and equip- profiling programs; ordered. ment failures in our air traffic control Authorizes airports to use project The conference report was agreed to. centers, have raised questions about grant money and passenger facility f the safety of our Nation’s air transpor- charges [PFC] for airport security pro- tation system and the effectiveness of UNANIMOUS-CONSENT REQUEST— grams; the Federal Government in safeguard- Establishes aviation security liaisons CONFERENCE REPORT TO AC- ing the traveling public. at key Federal agencies; COMPANY H.R. 3539 We must do our part to reassure the Requires the FAA and FBI to carry Mr. LOTT. Mr. President, I ask unan- traveling public that we have the out joint threat and vulnerability as- imous-consent that the Senate turn to world’s safest air transportation sys- sessments every 3 years; the consideration of the conference re- tem. This comprehensive legislation Requires all air carriers and airports port to accompany H.R. 3539, the FAA will go a long way in reassuring the to conduct periodic vulnerability as- reauthorization bill, and the reading of public that the system is safe, and en- sessments of security systems; and the conference report be waived. sure the FAA will have a stable, pre- Facilitates the transfer of pilot em- The PRESIDING OFFICER. Is there dictable, and sufficient funding stream ployment records between employing objection? for the long term. Again, the FAA bill airlines so that passenger safety is not Mr. FORD. Reserving the right to ob- will: compromised. ject. Ensure that the FAA and our Na- The bill also expands the prohibition The PRESIDING OFFICER. The act- tion’s airports will be adequately fund- on revenue diversion to cover more in- ing leader. ed by reauthorizing key FAA pro- stances of diversion and establishes S11528 CONGRESSIONAL RECORD — SENATE September 27, 1996 clear penalties and stronger mecha- to stop some of its employees from There was an effort maybe just to in- nisms to enforce Federal laws prohibit- joining a union. That is what is so all- clude one or two projects. I understand ing airport revenues from leaving the fired important here and had to be put that has been objected to from the ad- airport. ‘‘It is fundamental that we re- in yesterday in a bill that we are being ministration. I do not know where we verse the disturbing trend of illegal di- told has to pass because of airline safe- go from here on this very important version of airport revenues to ensure ty. That is the issue. Let us just get legislation but time is certainly run- that airport revenues are used only for this out of there. That is what that ning out. airport purposes,’’ said McCain. provision is about. It has nothing to do I think it is once again going to be a ‘‘We must do our part to reassure the with airline safety. tragedy, like the FAA reauthorization. traveling public that we have the Mr. President, because of what really In an effort to force an effect, a union- world’s safest air transportation sys- has happened here, I object. ization of a company, they are going to tem,’’ concluded McCain. ‘‘This com- The PRESIDING OFFICER. Objec- bring down the whole FAA infrastruc- prehensive legislation will go a long tion is noted. ture. I do not understand that. And way in reassuring the public that the f now in order to block two or three minor projects, we are going to have system is safe, and ensure the FAA will PRESIDIO PROPERTIES the whole parks bill go down? have a stable, predictable, and suffi- ADMINISTRATION ACT cient funding stream to be the long Here is another thing about that. It Mr. LOTT. Mr. President, I also want term.’’ is the continuing process of how when Each of these elements of H.R. 3538 is to comment, if I could, on the objec- we meet objections the goalposts move. tions that we heard earlier today to essential to fulfill Congress’ respon- We were told on the illegal immigra- the omnibus parks bill, commonly re- sibility to improving our country’s air tion, the Gallegly section is the prob- ferred to as the Presidio bill. I might transportation system. lem. ‘‘We’ll veto it over that.’’ Well, we Clearly, Congress, the White House, say to the Senator from Kentucky, this took it out. They said, ‘‘Wait a minute. is not a unanimous- 6Ysent request. I DOT, the FAA, and others throughout We have some other problems.’’ Same just want to make a brief statement. the aviation industry have been under thing on this bill. We were told there Mr. FORD. That is fine. close scrutiny regarding the state of were certain projects, three or four Mr. LOTT. I would be glad to yield that were major problems. The chair- the U.S. air transportation system. further. The traveling public has told us they man took them out. Then they said, Mr. FORD. Go ahead. ‘‘Oh, well. No. We have 50 other are worried about the safety and secu- Mr. LOTT. On the Presidio bill there rity of U.S. airports and airlines, and projects that we have problems with.’’ has been objection now from our Demo- Mr. President, we have to have, in the ability of the Government to alle- cratic colleagues to turning to that these final hours of the session, good viate these concerns. Recent tragic omnibus bill. We had tried to dispense faith, and we have to be prepared to events suggest that this apprehension with the reading and recommit the stick with what we say we have to have is justified, and we have been strongly conference report back to the con- when that is done, and not keep saying encouraged to correct the problems in ference in order to take care of a provi- then you have to have something else. our air transportation system. The sion in there that had raised concern, It is a very disappointing way to wind FAA bill will go a long way toward the tax provision. And I thought at one up this session. making the system safer and better in point, I guess 24 hours ago now, that we I yield to the Senator from Alaska. every way. were going to be able to get agreement Mr. MURKOWSKI. Relative to re- The American people demand we get on both sides of the aisle to recommit viewing the list of 126, it affects Sen- this done, and they deserve no less. that conference report and take care of ators from Oregon, Utah, Virginia, It really alarms me that we have cut the problem and then move this very California, Alaska, Louisiana, Mis- it this close. It looks like there may be important parks bill forward that af- sissippi, Maine, Vermont, Idaho, Wash- objection. In fact, the recent tragic air- fects 41 States, contains 126 separate ington, Missouri, to name a few, and in craft accidents and the continuing re- provisions relating to parks and public some cases, parks in every State. These ports of power outages and equipment lands. are States affected by the administra- failures in our air traffic control cen- This is the most important parks bill tion’s announcement last night they ters have raised all kinds of questions we have had in probably 4 years. It wanted 46 more out. These are the that we are trying to address with this does have a lot of very important areas States that are affected. This is after bill. involved that need to be preserved, an extended hearing process. We re- So I think we need to move it for- from battlefield sites to the Sterling ported these out, and we have with- ward. There are so many good parts of Forest site that affects the New Jersey drawn those the administration ini- this bill. It is so essential. It does have and New York area, the tall grass tially listed as objections that they so many safety ramifications that I project out in Kansas, as well as the would veto. hope that we could move it forward in Presidio, and some very important I have personally met with my con- a unanimous way. projects in the State of Alaska. I know ferees by telephone relative to trying Mr. FEINGOLD addressed the Chair. the distinguished Presiding Officer cer- to clear this, and as the leader has The PRESIDING OFFICER. The Sen- tainly cares an awful lot about that pointed out, a technical correction in ator from Wisconsin. and the chairman of the committee. the House has been taken care of. We Mr. FEINGOLD. Reserving the right So I do not understand what is going can pass this. We can move it right to object for a moment, let me just say on here. I understand from the admin- now if there is no objection. Otherwise, that I am intrigued by the conversa- istration that they have a list of their we will have to wait for another ses- tion and am concerned about the air- preferred projects, that they say, ‘‘Oh, sion, the 105th Congress, to start this line safety issues, the funding. I am well, we’ll take these and no more.’’ process that we spent over 2 years on, very concerned about those issues. I Well, probably those projects that they which benefits virtually every State in want this bill to pass too. say they cannot be included, they are the Union with very meaningful So why in the world, yesterday, just good projects, most of them, they are projects, including the Presidio and yesterday, under the guise of a tech- projects from Democrats and Repub- cleaning up the San Francisco Bay nical correction to the Railway Labor licans. area. Act, was an unacceptable and very con- There has been a continuing effort to I urge the leader to continue to work troversial special interest provision work out something on this. I am as- in every manner, because time is run- added to this bill? It was not because of tounded we are going to leave and not ning out on the biggest and most im- airline safety. It was not because of get this done. But we are not going to portant parks public land package in funding for the airports. And it was not be able to put this whole bill in the two decades. We are ready to move for- a technical correction. continuing resolution. If we do not ward and pass this legislation. If we The provision makes a significant move it separately as an omnibus bill, cannot proceed, it would truly be a change in Federal law to give Federal then we will have no parks bill this shame, because on both sides, Demo- Express an edge in its current attempt year. crats and Republicans will not see— September 27, 1996 CONGRESSIONAL RECORD — SENATE S11529 Mr. LOTT. Will the Senator yield? The Senator from Minnesota dropped the alternative is to proceed as we Mr. MURKOWSKI. I am happy to an item. Again, we heard it being in have, try to address the objections yield to the Senator. there meant it would be vetoed, so we from the other side, and get on with it. Mr. LOTT. I thought there was going dropped two or three of the most con- For those who think we will cherry to be a meeting last night between key tentious items. We dropped a project in pick it out and put specific portions on players on both sides of the aisle to Utah that, again, other people talked the appropriations CR and pass it meet with the administration and see about would bring a certain veto. there, that is not going to be an avail- if some compromise could be worked Now, all of a sudden—we thought we able alternative. We will simply lose out. I am told that meeting never oc- had really taken away the veto objec- for this year and have to start again. I curred. tive so we could pass this bill. I com- hope that will not happen. Mr. MURKOWSKI. The majority mitted to the Senator from California Mr. FORD. Mr. President, we are get- leader is correct. We were ready to that I would try to help pass the Pre- ting into a position where everybody have the meeting, and we were advised sidio bill this year. I want to maintain seems to think we have to get out. Our by the White House representative that that commitment. I would like to pass salary still goes on. We still get paid they had no authority and were not fa- this bill. whether we are here or not. I think we miliar with the specifics of the bill and I urge my colleagues to work to- might as well stay here and earn our they wanted us to submit a bill, items gether. This bill has been put together keep. We do not have to get out tomor- which we would agree to take out. in a bipartisan fashion. I have not row. We do not have to get out Mon- As chairman of that committee I feel counted up the number of Democrat day. We do not have to get out next a responsibility, bipartisan, both and the number of Republican bills, but Friday. We can go ahead and pass a Democrats and Republicans, to try to there are a lot on both sides of the continuing resolution and we could represent them in a conference mode as aisle that impact parks all across the stay here and pass some bills or we can opposed to arbitrarily taking out their country and most of the States across give a short-term continuing resolu- sections to accommodate the adminis- the country. It would really be a shame tion for 3 or 4 days and we can work tration. to have that much work and that much things out. We have, for Senator HEFLIN, who is time invested in that bill not to see it But we appear to be pushed up retiring, Selma to Montgomery His- passed this year. against a wall: you have to get out, got toric Trail designation, the historic I compliment my colleague from to do this, or it is dead. There is no black college funding; for Senator Alaska and also the majority leader. I such thing, unless the majority leader SIMON and Senator MOSELEY-BRAUN, hope we will find a way to be able to wants to take us out, and then things the Illinois and Michigan canal, Cal- work out the differences and pass this are dead. I feel like we are being pushed aw- umet Ecological Park study; for Sen- bill and get it signed into law before we fully hard here just because tomorrow ator JOHNSTON and Senator BREAUX, adjourn the 104th Congress. Civil War Center, Louisiana Univer- Let me make an announcement on night we want to get out or Monday we sity, the Laura Hudson Visitor Center; behalf of the majority leader. I an- want to get out. I understand every- body wants to go home and campaign. Senators KENNEDY and KERREY, and re- nounce there will be no further rollcall Let them go home and campaign, and tiring Congressman STUDDS, Boston votes tonight. The Senate obviously the rest of us can stay here and work. Harbor Islands park establishment, will be working tonight, in various That suits me fine. Blackstone heritage area, New Bedford conferences, trying to work out dif- establishment. ferences both on the continuing resolu- f I cannot understand why, after all tion and on the immigration and the FAA REAUTHORIZATION this work, there is still objection. I en- parks bill. There will be work done to- CONFERENCE REPORT courage the majority leader to con- night but there will be no further roll- Mr. FORD. Mr. President, I want to tinue to work on, and I stand ready to call votes tonight. make one comment about the express try to meet the objections of my col- I announce on behalf of the majority carrier we got the objection on to the leagues. I understand there is a hold leader the Senate will reconvene at 10 FAA. I have been advised by legal now from the administration, and I a.m. tomorrow morning and we will try counsel—not representing either side think it is fair to say we have an obli- to give as much advance notice to all in this controversy—that every fact of gation, certainly, relative to a process Senators prior to any recorded rollcall law has sustained the express portion here, and as an authorizer, if the White votes. As of now, there has not been of the ICC bill. It was to be in there be- House is going to line-item veto every- one ordered, but Senators should stand cause nothing should be narrower or thing, we might as well go out of busi- on notice there may well be a recorded wider. Nobody should get anything ness. rollcall vote in the event we are able to when they pass the ICC legislation. I encourage the majority leader to come to an agreement on the continu- So I understand where we are coming continue the effort because we are not ing resolution, the parks bill or the im- from, and I understand whose fight it is very far away, and I stand ready to be migration bill. in. I hate to be in the catch-22. We can here all night if necessary, come in and I thank my colleague from Kentucky. stay a while if that’s what they want meet with any group, to try to address Mr. MURKOWSKI. I wonder if I may to do, offer a cloture petition, and we this. be recognized for 1 minute relative to will have 30 hours, and we can drive I thank my colleague. advising my colleagues of the status of right on. I don’t mind staying here. I Mr. LOTT. I yield to the Senator the parks omnibus package. don’t want to any more than anybody from Oklahoma. It is my understanding that the ap- else. But if that’s the way the game is Mr. NICKLES. One, on the parks bill, propriations subcommittee chairman going to be played, I understand how to I want to commend Chairman MURKOW- has indicated it will not include spe- play it. If we get 60 votes, then we will SKI and other members on the Energy cific items taken from the park omni- have to vote on it. If we have to vote Committee who worked hard to make bus bill and put on the appropriation on it and we pass it, then it goes to the this happen. This is a large bill, and CR. Now, that is a matter outside the President. That is the end of it. unfortunately now it has a lot of items control of the Senator from Alaska as If you want to stay around a while, throughout the year that many of us chairman of the Energy and Natural keep objecting to this one, file a clo- have been working on for a long, long Resource Committee. I think that has ture petition, we will get cloture and time. been clearly stated, and it has been re- get our 30 hours and do our thing The Senator from Alaska has been inforced by the Speaker of the House. around here, Mr. President. generous enough to withdraw one of What I am encouraging, obviously, is f the bills he felt very strongly about, that we proceed with this package. I that was important to his State, so we agree, if it is in the interests of my col- THE BOUNDARY WATERS CANOE could get it signed. I asked him to do leagues to put the package on the ap- AREA WILDERNESS that. I appreciate his willingness to do propriations as an entire package, I Mr. GRAMS. Mr. President, I rise it. have no objection to that. Otherwise, today to speak on behalf of the people S11530 CONGRESSIONAL RECORD — SENATE September 27, 1996 of northern Minnesota about an issue young and strong, but wrenching work have been shut out of the land they that symbolizes for us the difference for those who are elderly, disabled, or once called home. between what the role of government traveling with children. John Novak, a veteran from Ely, MN, should be and what it has become. I am To illustrate the importance of al- wrote me about his frustration with speaking, of course, about the current lowing mechanized transport of boats the closing of the portages, saying: struggle to restore the rights of the over these portages, I wanted to show I was good enough to go into the armed citizens to have reasonable access to these pictures taken at Trout portage, services for our country for 3 years back in the cherished Boundary Waters Canoe one of the portages in question. the forties. Now that I am disabled, I am not Area Wilderness [BWCAW]. As you can see, the physical require- good enough to get in the Boundary Waters Canoe Area Wilderness. My colleague from northern Min- ments of dragging boats across these I received another letter from a nesota, Congressman JIM OBERSTAR, portages have placed an obvious road- and I have unfortunately spent our block to the open access guaranteed to young man from Virginia, MN, named days fighting a campaign of distortions the public by law. Joe Madden who wrote ‘‘I went to visit and misinformation by a national coa- What is worse is that this court order the Boundary Waters with my grand- lition of special interest groups that came as the result of legalistic trick- father. We wanted to go fishing in want this national treasure for them- ery by the radical environmentalists Trout Lake, but we could not get there because we could not get my grandpa’s selves: their private research territory who filed the lawsuit—a deception they boat over the portage. not to be touched by what they view as readily admit to and describe in great detail in a book they wrote entitled open it up so Grandpa and I could go fish- the unclean, ignorant citizens of north- ing? ern Minnesota. I believe a brief history ‘‘Troubled Waters.’’ According to their book, the com- These are just two of the many let- of this controversy is needed if we hope promise worked out between the attor- ters and requests sent to me by aver- to carry on an honest and reasonable neys representing the radical environ- age, hard-working Minnesotans who debate on how best to resolve it. have seen the promises made to them In 1978, 1 million acres in northern mentalists and the people of northern long ago by the Federal Government Minnesota were designated by Congress Minnesota, which was adopted in the broken and forgotten over the years— as our Nation’s only lakeland-based 1978 law, allowed portages to use mechanized transport if the U.S. For- people who rightfully believed that the Federal wilderness area. By establish- est Service determined that a feasible Government was meant to work for ing the BWCAW, Congress rightfully nonmotorized alternative could not be them, but found out just the opposite. acknowledged the need to protect the established. It is these people—the men, women, tremendous ecological and recreational In 1989, the Forest Service, after and children of northern Minnesota— resources within the area, with the un- careful study, did in fact make that de- whose crusade Jim Oberstar and I have derstanding that it was to be a mul- termination, thereby keeping the por- carried to the Halls of Congress in try- tiple-use wilderness area, as first envi- tages accessible to all. ing to reopen the three portages in the sioned by Senator Hubert Humphrey in But unbeknownst to the people of Boundary Waters. 1964. northern Minnesota, and apparently In the 104th Congress alone, there When Senator Humphrey included the U.S. Congress, the term ‘‘feasible’’ have been a number of developments the Boundary Waters as part of the Na- did not have the same meaning in envi- bringing us to the point at which we tional Wilderness System, he made a ronmental law as it does in everyday find ourselves today. promise to the people of Minnesota, English. Eight Minnesota State legislators— saying ‘‘The wilderness bill will not According to ‘‘Troubled Waters,’’ a all Democrats—asked me to request a ban motorboats.’’ It is safe to say that ‘‘feasible’’ alternative could, under law, field hearing on this issue. without that commitment to the peo- permit something that was possible The Senate Energy and Natural Re- ple of northern Minnesota, this region only from an engineering standpoint, sources Committee then held a field would not be a wilderness area today. regardless of whether it would take hearing in International Falls, MN, on In 1978, additional legislation was longer, be less convenient, or even be, issues surrounding the Boundary Wa- passed making further enhancements and I quote the preservationists’ own ters and Minnesota’s Voyageurs Na- to the protection of the Boundary Wa- words, ‘‘downright tortuous.’’ tional Park. ters, such as a justified ban on com- The extreme environmentalists go on A second field hearing was held in St. mercial activities like logging and in their book to describe how their at- Paul at the request of my colleagues mining. The 1978 law also limited rec- torney did not even bother to tell the from Minnesota, Senator WELLSTONE reational uses. For instance, motor- attorney representing the interests of and Congressman BRUCE VENTO. boat users could only use 18 of the 1,078 northern Minnesota about their This year, Congress has held three lakes within the region. sleight-of-hand gamesmanship. committee hearings in Washington on Under the 1978 law, however, motor- In other words, they purposely salted bills introduced by Congressman OBER- boat users were given the right to ac- the deal with words they knew they STAR and me to reopen the portages, cess some of these motorized lakes would later challenge in court. and provide the public greater input through three portage trails. Trucks It was under this narrow interpreta- into how the Boundary Waters and and other mechanized means could be tion of the word ‘‘feasible’’ that a fed- Voyageurs National Park are managed used to transport boats, canoes and eral appeals panel ordered the portages in the future. people across the three portages from closed, after reversing a lower court de- At each of these hearings, a major one lake to another. While many cision which determined that a group display of opposition was organized by northern Minnesotans believed the 1978 of healthy, able-bodied people could the extreme environmental special in- law unduly restricted their boating not always transport these boats using terests groups and their allies in Con- privileges, they were comforted that muscle power and portage wheels. And gress against our bills. these three mechanized portages would so for four years, these portages have As a result, Senators with little continue to allow reasonable access for been effectively restricted from use by knowledge or legitimate interests in everyone—from the young and the old the elderly and disabled. the Boundary Waters were scripted to to the strong and the weak—into many By the way, the word ‘‘feasible’’ pronounce the bills dead on arrival and of these motorized lakes. means that the Ely football team or to make unbiased charges that we in- The intent of Congress was altered in dog sleds can maybe help do this, but troduced our legislation for political 1993 when environmental extremists in other words it restricts an average reasons—criticisms which ignored the succeeded in a lawsuit to close these person’s ability to be able to get access clear bipartisan nature of our work. portages to mechanized transport. As a to the park. This organized campaign of result of this court order, visitors can Since the court decision, the number disinformation and propaganda placed only transport their boats now by car- of motorboats transported across these a significant obstacle against our hopes rying them on their backs or with portages has significantly decreased. to move these bills through the com- pieces of equipment which are pulled Even more telling are the letters I mittee process, leaving us and the tax- like a wagon. That is great fun for the have received from Minnesotans who payers of Minnesota, who we represent, September 27, 1996 CONGRESSIONAL RECORD — SENATE S11531 with few legislative options to resolve It was President Clinton—yes, the It concerned the nomination for pro- the problems facing the people of same President Clinton whose White motion of Navy Capt. Jeffrey A. Cook. northern Minnesota. House threatened to veto the portages Mr. President, I ask unanimous con- While many contentious issues sur- compromise—who said ‘‘There is noth- sent to have this letter printed in the round the management of these two ing wrong with America that cannot be RECORD. national treasures, no issue more per- fixed by what is right with America.’’ There being no objection, the letter fectly symbolizes the failure of the In taking up the cause of the people of was ordered to be printed in the Federal Government to live up to its northern Minnesota, I embrace those RECORD, as follows: proper role of serving the people than words and only slightly modify them to CHARLES E. GRASSLEY, that of the three portages. say ‘‘There is nothing wrong with the U.S. SENATE, The same radical environmental indi- federal government that cannot be Washington, DC, May 15, 1995. viduals engaged in Senator fixed by what is right with the Amer- Hon. STROM THURMOND, Chairman, Committee on Armed Services, U.S. WELLSTONE’s mediation effort have ican people.’’ And it is what is right Senate, Washington, DC. about our fellow Americans that keeps claimed that any portage changes are DEAR STROM: I am writing to raise ques- ‘‘non-negotiable.’’ And yes, the same me hopeful that we will indeed resolve tions about the pending promotion of Navy environmental lawyer who came up this issue in a way that best suits those Captain Jeffrey A. Cook to the rank of rear with the word ‘‘feasible’’ is part of this Minnesotans who I am proud to rep- admiral (lower half). mediation effort. Congressman OBER- resent in the Senate. My questions about Captain Cook’s fitness STAR and I persuaded the managers of We may not have the money that the for promotion pertain to his service as the the conference committee considering radical environmentalists do, or have A–12 class desk officer during the period 1987 the omnibus parks bill to include a at our disposal the highly-paid lobby- to 1990. In that capacity, he was the chief en- ists and lawyers who are working gineer for the A–12 stealth bomber program compromise provision which would re- and the principal adviser for engineering open the Trout, Prairie, and Four-Mile against us—but we do have something matters to the A–12 program manager, Cap- portages to the elderly, disabled, and more important than all of that. We tain Lawrence G. Elberfeld. have the truth on our side. And we are everyone who did not have a washboard A–12 CRIMINAL INVESTIGATION stomach. working for the same thing every The main source of my concern about Cap- We hoped that at long last, the peo- American wants from our government: tain Cook’s qualification for promotion are ple of northern Minnesota would fi- accountability to the people. the results of a criminal investigation. The nally have their voices heard in Con- Accountability means balancing the investigation was conducted by the Chicago gress. protection of our pristine wilderness Field Office of the Defense Criminal Inves- But once again, those same special with the rights of the people to enjoy tigation Service, Department of Defense In- interest groups—who had fooled the our natural resources. It means restor- spector General (IG). The report on the in- people of northern Minnesota in 1978, ing the promises made in the past and vestigation is dated April 20, 1994, and car- closed the portages in 1993, and used establishing a partnership with the ries the designation 9011045M–20–SEP–90– 40SL–E5A/D. people to ensure those promises will be their influence to block our bills from The purpose of the criminal investigation the committee process this year— honored in the future. And it means was to examine allegations that ‘‘U.S. Navy struck again, soliciting letters of oppo- keeping the Federal Government in and DOD [Department of Defense] officials sition from Senators outside of Min- check to guarantee that it works for may have concealed or conspired to conceal, nesota and even a veto threat from the the best interests of the people. or otherwise thwart, the dissemination of ad- White House. We who love the Boundary Waters verse A–12 program information to the DOD The compromise was pulled out of Canoe Area Wilderness are working to- and to Congress.’’ the conference report late Tuesday ward—and will continue to work to- The investigation found several specific in- night—and the people of northern Min- ward—those goals. I am pleased to have stances in which former Secretary of the Navy H. Lawrence Garrett and other Navy nesota were shut out once again. a commitment from the distinguished A–12 program officials ‘‘withheld, concealed, I am disappointed by this turn of chairman of the Senate Energy and and/or suppressed adverse A–12 program in- events—not so much for myself and Natural Resources Committee for an formation’’ from cognizant DOD and Navy Congressman OBERSTAR, though we early markup of this common-sense re- oversight personnel and from Congress. Both have put much time and effort to get form effort in the next Congress. We Mr. Garrett and Captain Elberfeld are ac- the portages reopened—but rather for will not stop our efforts until the prin- cused of withholding relevant documents and John Novak, Joe Madden, and the ciples of democracy are embodied in material during an official inquiry and sub- thousands of northern Minnesotans the future management of this beau- sequent congressional oversight hearings. tiful national treasure. The people of Worse still, the report suggests that Mr. Gar- who were counting on this Congress to rett may have in fact destroyed important begin righting the wrongs of the last northern Minnesota will have their evidence during the criminal phase of the in- two decades. voices heard in Congress, past injus- vestigation. You see, we in Minnesota still hon- tices will be remedied, and the prom- Based on the results of the investigation, estly believe in the words of President ises made so long ago by Senator Hum- the Inspector General concluded there were Lincoln that this is a ‘‘government of phrey will be kept. reasonable grounds to believe that Federal the people, by the people, and for the The PRESIDING OFFICER. The criminal law had been violated. Therefore, people.’’ Senator from Iowa. all the detailed information related to the actions of Secretary Garrett were referred to These words and the principles of de- Mr. GRASSLEY. Mr. President, I ask to speak in morning business. the Department of Justice for possible pros- mocracy they embody have been passed ecution. Similarly, the case against Captain down from generation to generation— The PRESIDING OFFICER. The Sen- Elberfeld was referred to the Office of the the uniquely American idea that Gov- ator is recognized for 5 minutes accord- Judge Advocate General of the Navy for pos- ernment should work in the interests ing to the previous order. sible court-martial. Captain Elberfeld was of the people, not against them. f suspected of violating various articles of the But somewhere down the line, that Uniform Code of Military Justice, including idea was forgotten by those Federal of- NOMINATION OF NAVY CAPT. article 907—pertaining to false official state- ments. In both cases, a decision was made ficials and bureaucrats who have been JEFFREY A. COOK not to prosecute. serving the radical environmental Mr. GRASSLEY. Mr. President, I cabal, rather than for those hard-work- want to discuss an issue I have with CAPTAIN COOK’S POSSIBLE ROLE IN A–12 COVER- UP ing taxpayers in northern Minnesota the Armed Services Committee. who ask for so little. On May 15, 1995, I wrote a letter to Now, this is the issue that must be ad- dressed on the pending nomination: Did Cap- It is not surprising that the people of the chairman of the Committee, my tain Cook allow himself to be drawn into the northern Minnesota are questioning friend from South Carolina, Senator web of deceit spun out by former Secretary just whom the Federal Government THURMOND. Garrett and Captain Elberfeld? Was Captain really serves. This was a very important letter. Cook a willing or unwilling participant in S11532 CONGRESSIONAL RECORD — SENATE September 27, 1996 the scheme to withhold and conceal adverse HOLDING CAPTAIN COOK TO A HIGHER STANDARD matters worse, the two A–12 contractors— information on the A–12 program? Strom, as I said, compared to other A–12 McDonnell Douglas and General Dynamics— On the surface, Captain Cook’s perform- program officials, Captain Cook’s perform- are suing the Government for billions. And ance appears to have been exceptional. He is ance was exceptional. It makes him look like the Government’s case is weak. It’s very dif- the only Navy official I know of who was a hero. But in making that comparison, we ficult to blame the contractors for what hap- critical of the program, and the investiga- are holding him to a negative standard. A pened when top Navy officials like Garrett, tors say he is the only person who was ‘‘open candidate for promotion to rear admiral Elberfeld, and Cook all knew the program and cooperative’’ during the probe. His criti- must be held to a much higher standard—a was in deep trouble but did nothing about it. cism came in the form of several briefings in standard of excellence. When that is done, I They just kept shoveling more money at the which he ‘‘identified severe technical prob- don’t think Captain Cook measures up. contractors in the form of fraudulent lems with the A–12 program.’’ These brief- There is a fundamental principle of leader- progress payments—payments made for work ings are discussed in the IG’s investigative ship: ‘‘Seek Responsibility and Take Respon- that was not performed. In all probability, report. His criticism was very much to his sibility for your Actions.’’ we are going to end up spending even more money on a dead horse—mainly because peo- credit. At the time, the A–12 was a top priority ple like Garrett, Elberfeld and Cook didn’t While his critical technical assessments Navy program. As chief engineer on the do their jobs. Had any one of them done the were commendable, I fear they may have project, he had identified a major technical right thing, the A–12 might be in the fleet been nothing more than a clever bureau- problem that posed a very real threat to the today. cratic ‘‘cover-your-fanny’’ operation. This is viability of the whole program. It was a the scenario I visualize. Captain Cook would ‘‘show stopper’’—a problem that had to be Strom, I only ask that you review the IG’s present a briefing identifying ‘‘severe tech- fixed. He was responsible for developing a investigative report and determine what nical problems,’’ but in the face of opposition sound and timely solution to the problem. role, if any, Captain Cook played in the and pressure from Captain Elberfeld and He had a responsibility to follow through. He scheme to withhold and conceal adverse in- more senior officers, Cook would quickly was fully accountable for that problem. A formation on the A–12 program. back down. Without further protest, Captain man in his position should not wait for his I also ask that Captain Cook’s performance Cook would then join Captain Elberfeld in superiors to tell him what to do. He needed not be evaluated against the performance of pumping out false and misleading status re- to take the initiative and solve it—with the the other A–12 program officers. I respect- ports on the A–12. In the end, I think, Cap- approval, of course, of his superiors. How- fully request that he be judged against a tain Cook acquiesced in the scheme to con- ever, when those over him balked at his solu- much higher standard of excellence. Please ceal adverse information on the program. tions but at the same time refused to even let me know what you decide. The incidents described on pages C29 to C31 address ‘‘show stopper’’ problems, then he Your consideration in this matter is great- of the investigative report seem to lend cre- had a responsibility to confront them and ly appreciated. dence to idea that Captain Cook went along push it up the chain of command. For exam- Sincerely, with the coverup. ple, he would have sent a written report up CHARLES E. GRASSLEY, On April 16, 1990, Captain Cook provided the chain of command to the top DOD acqui- U.S. Senator. one of his briefings to a group of senior offi- sition ‘‘czar’’—if necessary, laying out his cers, including Vice Admiral Richard C. view of the problem. Mr. GRASSLEY. Mr. President, this Gentz, Commander of the Naval Air Systems Unfortunately, Captain Cook’s protests letter raised several very serious ques- Command. In the briefing, he identified ‘‘se- ended where they began—in his briefings. tions about Captain Cook’s fitness for vere technical problems’’ that could ‘‘slip’’ Had he pushed them further up the chain of promotion to the rank of admiral. the program for at least one year. After command, he would have run the risk of ru- hearing that piece of bad news, Admiral ining his career. Doing the right thing al- Specifically, my questions about Gentz told Captain Elberfeld to ‘‘re-assess’’ most always involves risks and even danger. Captain Cook pertained to his service the A–12 program and report back to him Doing what must be done takes courage, as chief engineer on the A–12 stealth with solutions within 24 hours. As I under- commitment and integrity. Had Captain bomber project that was terminated for stand it, Captain Cook helped Captain Cook pursued the more risky solution, he default in January 1991. Elberfeld prepare a ‘‘revised’’ technical up- would have set an example of excellence. No The A–12 project collapsed because of date briefing for Admiral Gentz. This is aspect of leadership is more powerful that where Captain Cook seems to have taken a setting a good example. Had he done it, Cook an unresolved engineering problem— 180 degree turn in his thinking. He did an would have been a role model for all to re- uncontrolled increases in the weight of about-face and worked with Elberfeld late spect. Strom, we must judge Captain Cook the airplane. into the night, twisting and distorting the against such a standard of excellence. It was a ‘‘show stopper,’’ and Captain facts, turning his own assessment upside A candidate for promotion to rear admiral down, helping Elberfeld put a favorable spin Cook was up to his ears in the whole should demonstrate certain outstanding mess. on the status of the program. After their leadership qualities including courage, com- night of handy work, Admiral Gentz felt the petence, candor, commitment, and integrity. As the weight of the airplane grew, one-year ‘‘slip’’ was unnecessary, leaving the In my mind, Captain Cook failed to dem- the schedule kept sliding, and the price money spigot wide open. That particular onstrate those skills as chief engineer on the kept going up. piece of work came at a very critical point in A–12 project. His superior officers told him the program. (Refer to page C–31) Eventually, this top priority Navy to do the wrong thing, and he did it. He program was buried in a massive cost Captain Cook also participated in the failed to stick to his beliefs. He failed to act confiscation and suppression of a devastating on the information he had. He failed to dem- overrun. report on the A–12 program. This incident onstrate a solid commitment to solving the This kind of mismanagement was bad occurred in February 1990 and is described on engineering problems that he had identified enough by itself. pages C–29 to C–30 of the investigative re- and for which he was accountable. port. But A–12 mismanagement became a The highly critical evaluation was pre- OVERALL IMPACT OF A–12 MISMANAGEMENT criminal enterprise when senior Navy pared by Mr. Ed Carroll, a civilian produc- The failure of former Secretary Garrett, officials attempted to conceal and tion analyst assigned to the Office of the Captain Elberfeld, Captain Cook and others cover up the cost overrun with lies. Secretary of Defense. His report predicted a to confront major technical problems on the one-year ‘‘slip’’ in the program. The Carroll A–12 in an open, honest, and timely way has They attempted to hide the problem report was ‘‘confiscated’’—allegedly for a se- had a profound, long-term negative impact from the Secretary of Defense and the curity violation—and ‘‘relinquished’’ to Cap- on the Navy. Congress. tain Cook. He subsequently turned it over to The A–12 was supposed to begin replacing This behavior triggered a criminal one of his subordinates, Mr. John J. Dicks. the Navy’s aging fleet the A–6 bombers in investigation by the Inspector General 1994. That was last year. Well, there are no When investigators discovered the Carroll [IG] of the Department of Defense. report buried in A–12 program office files, at- A–12 bombers in the fleet and never will be. tached to it was a handwritten note by All the money spent on the A–12—nearly $3.0 The IG concluded that Federal crimi- Dicks. The note stated in part: ‘‘Keep this billion—was wasted. We have absolutely nal laws were violated, and the case package quiet and close controlled.’’ As a re- nothing to show for it. was referred to the Justice Department sult of Cook’s actions, the highly critical The A–12 program was terminated for de- for prosecution. Carroll report never saw the light of day. fault in January 1991. Former Secretary of The handling of the Carroll report suggests Defense Cheney killed the program because The investigation found several spe- to me that Captain Cook could have played it was way over cost and way behind sched- cific instances in which the Secretary a role in concealing adverse information on ule, and no one could tell him how much of the Navy at the time, H. Lawrence the A–12 stealth bomber. money it would take to finish it. To make Garrett, and A–12 program officials September 27, 1996 CONGRESSIONAL RECORD — SENATE S11533 ‘‘withheld, concealed, and/or sup- ards should be praised and promoted. Those the aisle. His personal warmth, his in- pressed adverse A–12 program informa- who fail to meet the high standards should tegrity, his loyalty, his sense of fair- tion’’ from the Secretary of Defense be weeded out. ness, and his willingness to listen to and the Congress. I would appreciate a response to my the concerns of his colleagues were at- That is a quote from the IG’s crimi- letter. tributes that allowed him to do a su- nal report. Sincerely, perb job as assistant Republican leader CHARLES E. GRASSLEY, I also believe the IG report shows U.S. Senate. for 10 years. that Captain Cook may have partici- Bob Dole could not have had a more Mr. GRASSLEY. Had I known the pated in the scheme to conceal and loyal ‘‘deputy’’ than AL. President suppress adverse information about the committee was prepared to confirm George Bush never had a more loyal Captain Cook, I would have asked for program. friend than AL. AL spent countless These are very serious allegations. an opportunity to raise my objections hours on the floor of the Senate and in They need to be addressed and re- on the floor. the media as an advocate and defender solved. Mr. President, we in the Senate have of his friend, President Bush. Maybe the Committee conducted an a constitutional responsibility to nur- I have served many years in the mili- investigation and cleared him, but I do ture topnotch leadership in the Armed tary and in combat as well and I can not know that. The Committee has Forces. attest that AL is the kind of loyal never bothered to tell me about it. Officers who meet those standards friend who you would want by your So I was very surprised and very dis- should be praised and promoted. side in battle. That includes legislative appointed to find Captain Cook’s name Those who fail to meet those high battles, too. For 18 years—at my initial on a July 1996 list of ‘‘United States standards should be weeded out. urging—he served with me on the Sen- Navy Flag Officers.’’ Based on what I know right now ate Judiciary Committee. We have He has been confirmed and today, I do not think Captain Cook been through a great deal of controver- ‘‘frocked.’’ meets the highest standards nor should sial legislation and nominations to- That means he wears an admiral’s in- have been promoted to admiral. gether. We have worked together side signia but is still paid as a captain. The PRESIDING OFFICER (Mr. by side with never a cross word and al- Once an admiral’s billet opens up, he GRAMS). The Senator from Alaska. ways the highest level of mutual re- will assume the full duties and respon- Mr. MURKOWSKI. I thank the Chair. spect and friendship. sibilities of an admiral. (The remarks of Mr. MURKOWSKI per- When he leaves the Senate, he will Mr. President, I think the Committee taining to the introduction of S. 2150 leave behind a legacy of great legisla- owes me an explanation. are located in today’s RECORD under tive achievements, particularly in the Mr. President, on September 27, I ‘‘Statements on Introduced Bills and area of immigration. Early on, AL was Joint Resolutions.’’) wrote a second time—11⁄2 years later— willing to take on the tough job of Mr. MURKOWSKI. I thank the Chair. to Senator THURMOND, asking for a re- being the Republican’s subcommittee sponse. Mr. President, I yield the floor. leader on immigration. While serving I ask unanimous consent to have this Mr. KYL addressed the Chair. as chairman of the Judiciary Commit- The PRESIDING OFFICER. The Sen- second letter printed in the RECORD. tee, I appointed AL as chairman of the There being no objection, the letter ator from Arizona. Immigration Subcommittee. No one was ordered to be printed in the Mr. KYL. Mr. President, I ask unani- appreciates his work more than I. Im- mous consent that the Senator from RECORD, as follows: migration issues are often emotionally South Carolina have whatever time he charged. It takes a very talented legis- UNITED STATES SENATE, may consume for a tribute—about 4 Washington, DC, September 27, 1996. lative leader to shepherd significant Hon. STROM THURMOND, minutes; that following his remarks, immigration legislation through Con- Chairman, Committee on Armed Services, Senator WYDEN and I speak as in morn- gress. AL has done it with great effec- U.S. Senate, Washington, DC. ing business for a period not to exceed tiveness throughout his career, and in DEAR STROM, I am writing to follow up on a total of 20 minutes. this last week of the 104th Congress he my letter of May 15, 1995, regarding the nom- The PRESIDING OFFICER. Without once again is about to lead us in the ination for promotion of Navy Captain Jef- objection, it is so ordered. passage of an illegal immigration re- frey A. Cook. The Senator from South Carolina. In my letter to you of May 15, 1995, I raised form bill of which he can be very several very serious questions bearing on f proud. He authored the Senate bill, and his influence on the final conference Captain Cook’s fitness for promotion to the RETIREMENT OF SENATOR ALAN rank of admiral. My questions were based on report is without peer. SIMPSON a criminal investigation conducted by the He is tough, but fair, and his word is Inspector General of the Department of De- Mr. THURMOND. Mr. President, I his bond. Accordingly, he is justly rec- fense. These questions pertained to his serv- rise to pay tribute to one of the finest ognized by his colleagues on both sides ice as chief engineer on the A–12 stealth men I have had the privilege to serve of the aisle as an incredibly skillful bomber project that was terminated for de- with in the U.S. Senate. I refer to my legislator. fault in January 1991. These questions sug- very good friend, the senior Senator gest that Captain Cook may have partici- He is married to one of the most gra- pated in a scheme to conceal adverse infor- from Wyoming, ALAN SIMPSON, who is cious, attractive ladies I have known. mation on the A–12 from both the Secretary retiring from the Senate. AL SIMPSON As AL tells it, Ann Simpson got more of Defense and Congress. comes from a family with a rich Wyo- votes for him than he did for himself. In view of these allegations and since I ming heritage. She is much more than an effective never received a response from you, I was Mr. President, from territorial days campaigner. She has made wonderful very surprised and disappointed to find Cap- to the present, the Simpsons have contributions to her State and the Na- tain Cook’s name on July 1996 list of ‘‘United made Wyoming justifiably proud of tion through her work on mental States Navy Flag Officers.’’ This list indi- their distinguished public service. His cates that he has been confirmed and health issues, through her efforts on ‘‘frocked.’’ Once an admiral’s billet becomes father, Milward, served as Governor behalf of Ford’s Theater, and in her available, he will assume the full duties and and then came to the Senate in 1962. work for the University of Wyoming, responsibilities of the rank. Like his father, AL has a wonderful particularly the art museum there. Would you be kind enough to explain how sense of humor, even if it is sometimes I know that cowboy AL SIMPSON is your Committee resolved the questions a bit ribald. He calls a sense of human not going to ‘‘ride off into the sunset.’’ raised in my letter of May 15, 1995. Had I ‘‘the universal solvent against the ab- He will maintain an active, stimulat- known that your Committee was prepared to rasive elements of life.’’ I know of no ing life. His first venture will be a pro- proceed with this nomination, I would have one who lives up to that motto like my fessorship at Harvard University. I am liked to have had an opportunity to raise my objections on the floor. Strom, we in the friend, AL SIMPSON. sure his students will be treated to Senate have a Constitutional responsibility AL has other sterling qualities that some unforgettable AL SIMPSON stories to nurture topnotch leadership in the Armed have made him one of the best-liked which will evoke both laughter and Forces. Officers who meet those high stand- members of the Senate on either side of warmth. S11534 CONGRESSIONAL RECORD — SENATE September 27, 1996 I will deeply miss that daily dosage who have not done so yet, that there to deal with this. I believe we are now of AL’s humor and warmth. However, I would be an incentive for them to pro- very close in terms of dealing with the am confident that we will continue to vide the kind of protection for the kind issue. see each other and the real friendship of communication which we are talk- I just want to spend a minute and try which we have will endure. ing about. to outline the problem and then talk a God bless both AL and Ann Simpson We also want to ensure that there is bit more about some of the remedies in all their endeavors. a conscience clause provision here that that Senator KYL has talked about. Mr. President, I yield the floor. enables physicians who, for moral or The reason this issue is so important Mr. KYL addressed the Chair. religious beliefs, do not want to get is that managed care is the fastest The PRESIDING OFFICER. The Sen- into certain discussions, that they growing part of American medicine. ator from Arizona. would not have to do so, and, likewise, Now, health care, we know, is a multi- Mr. KYL. I certainly join with the that a provider, an HMO or other kind billion dollar industry. The fastest distinguished chairman of the Senate of insurer that may have based its ben- growing part of it is managed care. I Armed Services Committee in that efits on its beliefs, including religious want to make it clear that there is a tribute to Senator SIMPSON. I think we beliefs, be protected as well. lot of good managed care in our coun- will all miss his daily dose of wit. And So these are not necessarily easy is- try. I come from a part of our Nation, I certainly share those sentiments. sues, but I think in terms of a general the State of Oregon, that has been a Mr. THURMOND. I wish to thank the concept, there has not been a great pioneer in the managed care field. We able Senator. deal of disagreement. But nevertheless, have seen good managed care. If you f trying to put this all together at this want to see 21st century medicine, you THE GAG RULE AMENDMENT time of the year has not been real easy. can come to my State and see a lot of I want to thank several people for it in action every day. Mr. KYL. Senator WYDEN and I want their involvement in this, in particular to take a few minutes right now to try But, unfortunately, too often we the majority leader, who has been most have seen that financial concerns, con- to brief our colleagues, as well as our patient in waiting for us to try to get constituents and others, who have been cerns about expensive treatments or this resolved; the assistant majority referrals, have replaced what is the im- interested in the issue on the status of leader, who has been personally in- the so-called gag rule amendment. portant essence of American health volved in discussions on this to try to care, which is free and unfettered com- That is not perhaps a very glamorous craft it in the right way; Senator DAN name for what we are talking about, so munication between doctors and pa- COATS, who has been involved; and sev- tients. let me describe that briefly. Then we eral others who have expressed an in- These limitations are what is known will try to provide a report, as I said, terest and given their input. as gag clauses. A health maintenance about the status of the negotiations Senator WYDEN and I have developed organization may say to the doctors, and how we might try to conclude this a series of drafts. Our most recent ‘‘We’re watching you in terms of those matter. draft, we think, is a very good product expensive treatments.’’ Or the health People have heard the distinguished which achieves this goal but with the maintenance organization will say to majority leader speak on several occa- minimum of difficulty. As we speak, the doctors, ‘‘We’re keeping track of sions about the effort to resolve this even this draft is being revised to some the referrals that you’re making,’’ with question. I think we are very close to it extent to try to reflect the views of an idea that perhaps a doctor who tells and want to report that to our col- other Senators. leagues. First of all, what we are talk- I urge that anyone who has an inter- about an additional provider outside ing about is an assurance for physi- est in this issue and would like to give the network is doing something det- cians that they are able to commu- us their views, or who has heard about rimental to the plan. nicate freely with their patients about a particular version of this and would We can have differences of opinion— their patients’ health and about the like to know what the actual most cur- and Senator KYL and I have talked medical care or treatment options that rent version of it is, that they please about this before—on a lot of health might be important for their patients’ communicate with us because we would care issues. Reasonable people surely health. be most pleased to share our ideas with differ with respect to the role of the When these physicians are a part of a them and to get their ideas as well. Federal Government, the role of the plan, like an HMO, for example, they The majority leader would very much private sector. There are lots of issues are constrained in certain ways with like to get this wrapped up. We would, in American health care that there can respect to what the plan provides in too. Therefore, again, I thank those be legitimate differences of opinion on. the way of coverage and, therefore, in who have been involved. We stand I offer up the judgment that what the way of treatment. So this issue has ready to try to wrap it up if people will should never be in dispute is the impor- evolved. give us their views. But I think we tance of patients and families to get all To what extent can the HMO limit have come to a point now where there the facts, to get the truth, to get all the physicians in their communica- are not very many issues that prevent the information about the various is- tions with patients? Well, virtually no us from doing this. I really urge any sues relating to their medical condi- one wants to create that kind of a con- Senators who have an interest to help tion and the treatments that are avail- flict, at least intentionally, because us bring this to conclusion. able. In fact, I think 21st century clearly the physician has an obligation Under the previous agreement, at health care is about getting informa- to his patient, and we all want the pa- this time I yield the floor to Senator tion over the Internet. The kind of leg- tients to have the maximum degree of WYDEN. islation we are talking about today is care. So we want to ensure that this Mr. WYDEN. I want to thank the going to be built around empowering communication is not inhibited. What Senator from Arizona for not just his patients to get the information so as we have been involved in over the last very thoughtful statement, but for all they look at the various options that several days is trying to craft legisla- of the effort over these last few weeks. they might consider for their treat- tion that is not overly broad but still He and I got to know each other in the ment, they can do it on the basis of ensures that degree of protection. House and enjoyed working together, having all the facts. We have also tried to ensure that this and it has been a pleasure to work with Now, Senator KYL has outlined brief- is done to the maximum extent pos- my friend from Arizona on it. I share ly a few of the issues that we have fo- sible at the State level. We are not in- Senator KYL’s view that we have had a cused on in some depth. Let me just terested in some kind of a new Federal number of Senators—I see Senator add to them very briefly. The first is mandate or new Federal program here. NICKLES is here and Senator COATS on on the matter of the regulatory frame- But, of course, we do at least need to the Republican side; Senator KENNEDY, work and the role of the Federal Gov- get the process started here so that the for example, on the Democratic side— ernment and the States. What Senator States who have not yet adopted stat- that have been working some very long KYL and I have done, in very blunt, utes—and many have—but for those hours and working in good faith to try straightforward terms, is make it clear September 27, 1996 CONGRESSIONAL RECORD — SENATE S11535 the States will take the lead with re- we have important provisions on utili- institution, a Catholic hospital, or spect to carrying out this statute. Con- zation review. Those managed care something that might have a clause gress has done this before in a number plans ask for those. That is part of our that physicians that would work with- of areas, done it in the Medigap area, compromise. in this institution would not provide done it in the maternity stay legisla- Let me at this time yield, because I assistance to suicide, for example. I do tion. The legislation that we offer up know there are a number of Senators not want to pass legislation in the wee and is based on our discussion, basi- who have been working in good faith hours that might outlaw or ban that cally makes it clear when a State acts and want to participate in this. There- particular clause or section of their in a way that is rationally connected fore, I yield back to Senator KYL and contract. to the purposes of this statute, the our other colleagues who have been I want to be careful. I know we are State is going to be in a position to putting some long hours on this. I am probably on about the ninth draft. I take the lead. looking forward to staying with this think the legislation has been im- Second, we know there are many who until we get these protections for con- proved significantly. are concerned with respect to an issue sumers and doctors, and do it in a fair Again, I thank my colleagues who that comes up in this body quite often, way. have worked so hard, including Senator and that is reproductive health issues, Mr. KYL. Mr. President, before the COATS, as well as Senator WYDEN and in the matter of abortion specifically. distinguished acting majority leader Senator KYL, for their input on this We have sought to make sure that each speaks to this, I thank Senator WYDEN legislation, and just state to my col- individual practitioner or doctor can for his bipartisan cooperation and leagues that we will continue working exercise what amounts to a ‘‘con- make the point with all of the things in good faith, and if we are able to re- science clause’’ and be able to express we have to do here at the end of the solve some of the few remaining dif- that for religious or moral reasons, session to finish the Nation’s business, ferences, it may well be that we can there are certain matters—abortion— the assistant majority leader, the Sen- have some legislation that would be ac- that they would not be comfortable ator from Oklahoma, is right in the ceptable, and maybe as an amendment discussing. We also thought to make it middle of all of that, yet he has taken to the continuing resolution or as inde- clear that plans would have certain the time to personally be involved to pendent legislation. So I compliment rights, particularly to make it clear to improve this legislation. my colleagues for their willingness and their individual practitioners, doctors, If we are able to craft an agreement their patience to work with some of us, and others, that the plan did not offer here, it will be in no small part due to and we will continue working. abortion services. the ideas that he brought into the de- I see an effort by many to legislate a There are other ideas that may be bate to ensure, for example, that the whole agenda in the last two days of worth exploring, built principally on State control was preeminent and that Congress. I urge people to be maybe a the concept of disclosure. Plans ought some of the other protections that we little more patient and wait for next to know they are not going to be sub- have in here are here. year. The continuing resolution is ject to unexpected legal consequences, Again, I want to thank him, as well growing, and that, to me, is not really and the consumer ought to be in a posi- as Senator COATS, for all of their con- the best way to legislate. So I urge our tion to get full disclosure of exactly tributions to this effort, too. It has colleagues to realize that they don’t what their plan offers. I believe we gotten us much closer to the goal line have to do everything on this one bill. have made considerable headway in than we otherwise would have been. I also urge my colleagues to speak out that regard. Mr. NICKLES. Mr. President, to the on the public lands bill that Senator We believe, with a bit more work and Senator from Arizona and the Senator MURKOWSKI has been working so hard the kind of good faith we have seen from Oregon, flattery will get you ev- on. There is no reason for us not to be over these last few weeks—and it is im- erywhere, and may well end up getting able to pass this package, which I be- portant to note that the same spirit ex- an amendment. lieve will probably have an overwhelm- ists in the House. Dr. GANSKE of Iowa Let me state, Mr. President, my ing vote of support by both Houses of and Congressman MARKEY, like Sen- thoughts. Originally, I will tell my Congress. ator KYL and I, have been working on a friends and colleagues that I thought I think the administration is, unfor- bipartisan basis, with the idea that this was not the right way or the right tunately, moving the goal posts. We re- these gag clauses have no place in 21st time to legislate such an important moved the major veto threats in that century American health care. matter. I am very dubious at the out- legislation in the last 24 to 48 hours. Mr. President, 21st century American set when I see legislative actions tak- Yet, now they are finding more objec- health care ought to be built around ing play the last day or two of the ses- tions. I even say that maybe that is not the idea that when patients and fami- sion, when measures have not had time in good faith, and that bothers me. lies sit down with their physician, to have hearings and have the benefit There has been a lot of work by Mem- their physician would give them all the of congressional thought, hearings, bers on both sides of the aisle. That bill facts, all the information they need, to markup, input from people on all sides. was a bipartisan bill, and it should make these choices. This is important legislation. I will pass. I know the Senator from Min- I want to thank Senator KYL. He tell my colleague from Oregon who nesota reluctantly dropped an amend- knows when I offered this the first originally introduced this and had the ment that was very important to him. time we got a majority of votes in the assistance of the Senator from Arizona, The Senator from Alaska dropped an U.S. Senate, but the point is to get the thrust of it I would concur. I also amendment that was very important to something that is going to bring the want to compliment the Senators from him, and others were able to make con- entire Senate together, to bring all the Oregon and Arizona for their willing- cessions so we could pass an omnibus Members together around a proposition ness to be flexible, to understand that bill that is important to most of the of full consumer disclosure and some of us did have serious concerns, Members in this body. It would be un- consumer empowerment. I think we concerns about making sure we protect fortunate indeed if we didn’t pass this can do that. the rights of States. They have shown bill before we adjourn this Congress. We are putting the States in the lead. a willingness to do that. Some States Finally, I want to say something on This is not an example of Federal have acted. We want to compliment the immigration bill. The administra- micromanagement or Federal Govern- those States. We do not want to pre- tion sent signals that they would sign ment run wild. We are going to make empt their actions. that if we dropped the Gallegly amend- sure that plans and practitioners, who, Also, dealing with religious institu- ment. We did drop the Gallegly amend- for religious or moral reasons, have tions, I think, we still have a little way ment. Now there have been additional concerns about discussing abortion, to go there. I know we will confer more requests for additional modifications. I and others, would be protected. I think tonight, and maybe tomorrow we can find that, too, moving the goal posts. I we do it in a way that is sensitive to le- bring that to a conclusion. I, for one, hope we will take up the immigration gitimate concerns of many in the field want to make sure we would not be bill and pass it, as amended, without for managed care plans. For example, mandating to, for example, a religious the Gallegly amendment. I think we S11536 CONGRESSIONAL RECORD — SENATE September 27, 1996 will have an overwhelming vote in both ($3,089,032,061,997.28) during the 10 years cated Senators to have served in the Houses—well, the House already passed from 1986 to 1996. U.S. Senate. That’s because 13 of our it by an overwhelming vote. I think in f finest Members will be retiring this the Senate we will, as well. I urge col- year. TRIBUTE TO HOWARD GREENE leagues to be patient and not try to Recently, former Senator Warren pass everything on their legislative Mr. BIDEN. Mr. President, last week Rudman wrote that ‘‘As a Senator I agenda in the next two days. the Senate took a few moments to pass had enjoyed sitting down with col- Let us work together and finish the a resolution honoring the service of leagues like George Mitchell, SAM unfinished appropriations bills, the Sergeant-at-Arms Howard Greene, who NUNN, BILL BRADLEY, JOE BIDEN, and continuing resolution, do it respon- is leaving after a 28 year career with TED KENNEDY and saying, ‘We have a sibly. Again, I thank my colleague this body. I was away from the Senate problem here—let’s find a way to solve from Oregon and my colleague from floor during the discussion of that reso- it.’ They were Democrats, to the left of Arizona for their willingness to be at lution, but I did not want this Congress me politically, but just because we saw least flexible enough for some of us to adjourn without having had the op- things differently I didn’t question who had concerns about their amend- portunity to share my appreciation for their morality or their patriotism. I ments. Perhaps we can get that re- Howard Greene’s service to the Senate, didn’t come to Washington to cram solved. and for his personal friendship during things down people’s throats or to have I yield the floor. my tenure here. people cram anything down my throat. Mr. WYDEN. Mr. President, I ask Mr. President, much of the important I thought the essence of good govern- unanimous consent to address the Sen- work which we do here in the Senate ment was reconciling divergent views ate for 5 additional minutes. could not be accomplished without the with compromises that served the The PRESIDING OFFICER. Without dedication of the professional staff country’s interests.’’ objection, it is so ordered. members who serve the Senate, and All of the Senators retiring at the Mr. WYDEN. I want to tell the Sen- Howard Greene has been the consum- end of this Congress have set their ator from Oklahoma that we very mate professional. His love for the Sen- moral compasses in the direction of much appreciate his involvement in ate; his keen understanding of its compromises to best serve the coun- this. I only asked for 5 additional min- workings and its constitutional role; try’s interests. In doing so, they have utes because I want to go back to nego- his discretion and his tact, have gone served their constituents, the U.S. Sen- tiating with him and his staff on it. As hand-in-hand with Howard Greene’s ate and the Nation well. you know, Senator KENNEDY has done fundamental decency and sense of pub- They understood that the arbitrary yeoman work on this and has been very lic service to make him one of the Sen- labels many are so insistent to place on involved in this as well. I think we are ate’s greatest assets for many, many each other, in the end, fall short and going to have good input and involve- years. I doubt that there is a single are inadequate to describe an individ- ment on both sides of the aisle if we Member of this body who has not bene- ual’s commitment to country. That in try to finish it up. fited from Howard’s counsel, his indus- fact, to weigh a life, a community’s fu- I think it is important that the Sen- try, his knowledge of the Senate, or his ture or a country’s needs, a different ate and the country understand that friendship. I know that I have gained a type of scale is required. what we are talking about is ensuring great deal from each. In a pluralistic society such as ours, that straightforward, honest conversa- I am especially proud that Howard is there are many ways to confront a tion could take place between doctors, a fellow Delawarean, and have always problem and arrive at a solution. These nurses, chiropractors, therapists, and believed that his sense of public service fine Senators recognized that their job their patients. That is all we are talk- embodies the bipartisan tradition that was to reach a principled position ing about here—information, and those is the hallmark of our State. As Ser- amidst all of these often conflicting honest, straightforward discussions. geant-at-Arms, or Secretary to the ma- choices. Henry Kissinger put it another Right now, because of these gag jority, or in any of the roles he has un- way saying, ‘‘The public life of every clauses, that kind of communication so dertaken during his long career here, political figure is a continual struggle often can’t take place. That is not Howard has been a source of wisdom to rescue an element of choice from the right. That is what we are going to try and assistance, counsel and comfort to pressure of circumstance.’’ to change. all Senators, Republican and Democrat They saw that the preoccupation Mr. President, I thank the Senate for alike. He has been a fundamental be- with these labels is what grips us in the additional time. I yield the floor. liever in the idea that once the elec- gridlock. And that paralysis can crip- Mr. NICKLES. Mr. President, I sug- tion is over, we are all public servants, ple a nation’s ability to solve its prob- gest the absence of a quorum. and he has worked tirelessly to enable lems and move forward. With their fine The PRESIDING OFFICER. The us to fulfill the trust that the people of guidance we have been able to move be- clerk will call the roll. our States have placed in us. yond gridlock on issues of great impor- The assistant legislative clerk pro- Mr. President, the halls of Congress tance to the everyday lives of all ceeded to call the roll. are filled with idealistic young people Americans from health care reforms to Mr. NICKLES. Mr. President, I ask who have come to Washington hoping important budget and spending ques- unanimous consent that the order for for a career in public service. They are tions, energy, immigration, the elder- the quorum call be rescinded. the lifeblood of this institution, and ly, and judicial matters. The PRESIDING OFFICER. Without are the democratic system’s hope for When judging the choices they’ve objection, it is so ordered. the future. For any of those young peo- made, I believe history will look back f ple searching for a model of integrity, on their service with great respect and commitment, and public spiritedness admiration. Over and over again, when THE VERY BAD DEBT BOXSCORE upon which to base their career, I confronted with conflict or when called Mr. HELMS. Mr. President, at the would suggest that they look to the upon for leadership, they insisted that close of business yesterday, Thursday, long and distinguished career of How- their decisions answer the larger ques- September 26, the debt stood at ard Greene. tions: Will it stand the test of time for $5,198,325,061,997.28. We will miss him a great deal. And I our country? Will our country gain One year ago, September 26, 1995, the will always be proud to call him my strength from this decision? Time and Federal debt stood at $4,953,251,000,000. friend. again, their guidance has resulted in Five years ago, September 26, 1991, f policies that have come to define our the Federal debt stood at country and the common vision we $3,638,501,000,000. RETIRING SENATORS hold as a nation. Ten years ago, September 26, 1986, Mr. FORD. Mr. President, these last In closing, Mr. President, I want to the Federal debt stood at few days mark the last that we will extend my personal thanks to Senators $2,109,293,000,000. This reflects an in- have the pleasure of working with SAM NUNN, NANCY KASSEBAUM, HOWELL crease of more than $3 trillion some of the most talented and dedi- HEFLIN, DAVID PRYOR, CLAIBORNE PELL, September 27, 1996 CONGRESSIONAL RECORD — SENATE S11537

JIM EXON, HANK BROWN, ALAN SIMPSON, MESSAGES FROM THE PRESIDENT report; which was referred to the Com- PAUL SIMON, BILL BRADLEY, MARK HAT- Messages from the President of the mittee on Labor and Human Resources: FIELD, BENNETT JOHNSTON, and BILL United States were communicated to To the Congress of the United States: COHEN for a job well done and my wish- the Senate by Mr. Williams, one of his I am pleased to transmit today for es for continued success in the future. secretaries. consideration and passage the ‘‘Fam- f EXECUTIVE MESSAGES REFERRED ily-Friendly Workplace Act of 1996.’’ SECTION 405 OF THE HIGHER As in executive session the Presiding Also transmitted is a section-by-sec- EDUCATION ACT OF 1965 Officer laid before the Senate messages tion analysis. This legislative proposal is vital to American workers, offering Mr. MACK. Mr. President, I rise from the President of the United them a meaningful and flexible oppor- today to address a situation resulting States submitting sundry nominations tunity to balance successfully their from the Department of Education’s in- which were referred to the appropriate work and family responsibilities. terpretation of section 435 of the High- committees. (The nominations received today are The legislation would offer workers er Education Act of 1965 [HEA] which more choice and flexibility in finding has adversely impacted many schools printed at the end of the Senate pro- ceedings.) ways to earn the wages they need to in Florida and across the country. In support their families while also spend- 1990, Congress amended the act to pro- f ing valuable time with their families. hibit institutions from continuing REPORT OF THE RAILROAD RE- In particular, the legislation would their participation in the Federal Fam- TIREMENT BOARD FOR FISCAL allow eligible employees who work ily Education Loan [FFEL] Program if YEAR 1995—MESSAGE FROM THE overtime to receive compensatory time their cohort default rate is equal to or PRESIDENT—PM 172 off—with a limit of up to 80 hours per above the threshold percentage for the year—in lieu of monetary compensa- The Presiding Officer laid before the 3 consecutive years ‘‘for which data is tion. In addition, the legislation con- Senate the following message from the available.’’ Along similar lines, this tains explicit protections against coer- President of the United States, to- year Congress passed additional legis- cion by employers and abuses by unsta- lation which required that any school gether with an accompanying report; ble or unscrupulous businesses. terminated from the FFEL program which was referred to the Committee The legislation also would amend the will no longer be eligible to receive on Labor and Human Resources. Family and Medical Leave Act of 1993. Pell Grants for its students. To the Congress of the United States: This statute currently allows eligible However, the Department of Edu- I transmit herewith the Annual Re- workers at businesses with 50 or more cation has taken the position that this port of the Railroad Retirement Board employees to take up to 12 weeks of un- law will be enforced using default rate for Fiscal Year 1995, pursuant to the paid, job-protected leave to care for a data for years 1991, 1992, and 1993. provisions of section 7(b)(6) of the Rail- newborn child, attend to their own se- Schools have already received their road Retirement Act and section 12 (1) rious health needs, or care for a seri- prepublished 1994 rates, many which of the Railroad Unemployment Insur- ously ill parent, child, or spouse. Al- are below the current threshold re- ance Act. though enactment of this statute was a quirement, and some are even half of WILLIAM J. CLINTON. major step forward in helping families what they were in years prior. Despite THE WHITE HOUSE, September 27, 1996. balance work and family obligations, this achievement, the Department has f the law does not address many situa- terminated or is currently terminating tions that working families typically schools based on their 1991, 1992, and REPORT OF THE FEDERAL LABOR confront. The enclosed legislation 1993 rate—not on their 1994 rate—be- RELATIONS AUTHORITY FOR FIS- would cover more of these situations, cause the Department does not con- CAL YEAR 1995—MESSAGE FROM thereby enhancing workers’ ability to sider the 1994 rate to be ‘‘available’’ THE PRESIDENT—PM 173 balance their need to care for their until it is published. Based upon their The PRESIDING OFFICER laid be- children and elderly relatives without technicality, the Department is essen- fore the Senate the following message sacrificing their employment obliga- tially punishing schools which have from the President of the United tions. Under the expanded law, workers implemented costly default manage- States, together with an accompanying could take up to 24 hours of unpaid ment programs and achieved the de- report; which was referred to the Com- leave each year to fulfill additional, sired result of the law—reducing their mittee on Governmental Affairs. specified family obligations, which cohort default rate. would include participating in school Mr. President, the intent of this law To the Congress of the United States: activities that relate directly to the was for schools to educate their stu- In accordance with section 701 of the academic advancement of their chil- dents about the importance of repaying Civil Service Reform Act of 1978 (Pub- dren, accompanying children or elderly their loans, and established a 3-year pe- lic Law 95–454; 5 U.S.C. 7104(e)), I have relatives to routine medical appoint- riod within which a school must take the pleasure of transmitting to you the ments, and attending to other health proper measures to reduce its cohort Seventeenth Annual Report of the Fed- or care needs of elderly relatives. default rate. It is perfectly acceptable eral Labor Relations Authority for Fis- I urge the Congress to give this legis- for Congress to enact legislation to cal Year 1995. lation favorable consideration. protect taxpayers from the costs asso- The report includes information on WILLIAM J. CLINTON. ciated with high default rates, and cur- the cases heard and decisions rendered THE WHITE HOUSE, September 27, 1996. rent law does so by requiring those in- by the Federal Labor Relations Au- f volved in the Federal student loan thority, the General Counsel of the Au- process to educate students about the thority, and the Federal Service Im- MESSAGES FROM THE HOUSE importance of repayment. However, I passes Panel. At 9:40 a.m., a message from the do not believe that Congress intended WILLIAM J. CLINTON. House of Representatives, delivered by for schools which have reduced their THE WHITE HOUSE, September 27, 1996. Ms. Goetz, one of its reading clerks, an- default rate to be terminated from f nounced that the House has agreed to these programs. the following concurrent resolution, in Given this late hour, it is unlikely REPORT OF PROPOSED LEGISLA- which it requests the concurrence of that legislation addressing this situa- TION ENTITLED ‘‘THE FAMILY- the Senate: tion will be enacted prior to the close FRIENDLY WORKPLACE ACT OF H. Con. Res. 221. Concurrent resolution cor- of the 104th Congress. Therefore, I ask 1996’’—MESSAGE FROM THE recting the enrollment of H.R. 3159. the Department to do everything in its PRESIDENT—PM 174 The message also announced that the power to use the most recent data The PRESIDING OFFICER laid be- House agrees to the amendment of the when evaluating the eligibility status fore the Senate the following message Senate bill (H.R. 3159) to amend title of these institutions. I thank the Chair from the President of the United 49, United States Code, to authorize ap- and I yield the floor. States, together with an accompanying propriations for fiscal years 1997, 1998, S11538 CONGRESSIONAL RECORD — SENATE September 27, 1996 and 1999 for the National Transpor- the importance of United States membership Mr. Hays, one of its reading clerks, an- tation Safety Board, and for other pur- and participation in the regional South Pa- nounced that the House has passed the poses. cific organizations. following bills, in which it requests the H. Con. Res. 216. Concurrent resolution The message further announced that providing for relocation of the Portrait concurrence of the Senate: the House has passed the following Monument. H.R. 1031. An act for the relief of Oscar bills, in which it requests the concur- Salas-Velazquez. rence of the Senate: At 3:02 p.m., a message from the H.R. 1087. An act for the relief of Nguyen House of Representatives, delivered by Quy An. H.R. 3535. An act to redesignate a Federal H.R. 4000. An act to amend title 10, United building in Suitland, Maryland, as the ‘‘W. Mr. Hays, one of its reading clerks, an- States Code, to restore the provisions of Edwards Deming Federal Building.’’ nounced that the House has passed the chapter 76 of that title (relating to missing H.R. 4138. An act to authorize the hydrogen following bill, in which it requests the persons) as in effect before amendments research, development, and demonstration concurrence of the Senate: made by the National Defense Authorization programs of the Department of Energy, and H.R. 4194. An act to reauthorize alternative Act for Fiscal Year 1997. for other purposes. means of dispute resolution in the Federal H.R. 4041. An act to authorize the Sec- retary of Agriculture to convey a parcel of At 12:05 p.m., a message from the administrative process, and for other pur- poses. unused agricultural land in Dos Palos, Cali- House of Representatives, delivered by The message also announced that the fornia, to the Dos Palos Ag Boosters for use Mr. Hays, one of its reading clerks, an- as a farm school. nounced that the House has passed the House agrees to the report of the com- H.R. 4139. An act to reauthorize and amend following bills, without amendment: mittee of conference on the disagreeing the Atlantic Striped Bass Conservation Act votes of the two Houses on the amend- S. 1044. An act to amend title III of the and the Anadromous Fish Conservation Act. Public Health Service Act to consolidate and ment of the Senate to the bill (H.R. The message also announced that the reauthorize provisions relating to health 3539) to amend title 49, United States House has passed the following bill, centers, and for other purposes. Code, to reauthorize programs of the without amendment: S. 1577. An act to authorize appropriations Federal Aviation Administration, and S. 1505. An act to reduce risk to public for the National Historical Publications and for other purposes. safety and the environment associated with Records Commission for fiscal years 1998, The message further announced that pipeline transportation of natural gas and 1999, 2000, and 2001. the House has agreed to the resolution Hazardous liquids, and for other purposes. S. 2085. An act to authorize the Capital (H. Res. 545) that the bill of the Senate Guide Service to accept voluntary services. The message further announced that S. 2100. An act to provide for the extension (S. 1311) to establish a National Fitness the House has passed the following bill, of certain authority for the Marshal of the and Sports Foundation to carry out ac- with an amendment, in which it re- Supreme Court and the Supreme Court Po- tivities to support and supplement the quests the concurrence of the Senate: lice. mission of the President’s Council on S. 1972. An act to amend the Older Ameri- The message further announced that Physical Fitness and Sports, and for cans Act of 1965 to improve the provisions re- the House has agreed to the following other purposes; to the Committee on lating to Indians, and for other purposes. concurrent resolutions, in which it re- Commerce, Science, and Transpor- ENROLLED BILLS SIGNED quests the concurrence of the Senate: tation. in the opinion of this House, The message also announced that the S. Con. Res. 34. Concurrent resolution to contravenes the first clause of the sev- Speaker, has signed the following en- authorize the printing of ‘‘Vice Presidents of enth section of the first article of the rolled bills: the United States, 1789–1993.’’ Constitution of the United States and S. 1675. An act to provide for the nation- S. Con. Res. 67. Concurrent resolution to is an infringement of the privileges of wide tracking of convicted sexual predators, authorize printing of the report of the Com- this House and that such bill be re- and for other purposes. mission on Protecting and Reducing Govern- spectfully returned to the Senate with S. 1802. An act to direct the Secretary of ment Secrecy. a message communicating this resolu- the Interior to convey certain property con- The message also announced that the taining a fish and wildlife facility to the tion. State of Wyoming, and for other purposes. House has passed the following bill and S. 1970. An act to amend the national Mu- joint resolution, in which it requests At 4:01 p.m., a message from the seum of the American Indian Act to make the concurrence of the Senate: House of Representatives, delivered by improvements in the Act, and for other pur- H.R. 4011. An act to amend title 5, United Mr. Hays, one of its reading clerks, an- poses. States Code, to provide that if a Member of nounced that the House has passed the S. 2085. An act to authorize the Capital Congress is convicted of a delony, such mem- following bill, without amendment: Guide Service to accept voluntary services. ber shall not be eligible for retirement bene- S. 39. An act to amend the Magnuson Fish- S. 2101. An act to provide educational as- fits based on that individual’s service as a ery Conservation and Management Act to sistance to the dependents of Federal law en- member, and for other purposes. authorize appropriations, to provide for sus- forcement officials who are killed or disabled H.J. Res. 195. Joint resolution recognizing tainable fisheries, and for other purposes. in the performance of their duties. the end of slavery in the United States, and ENROLLED BILLS SIGNED f a true day of independence for African-Amer- The message also announced that the icans. MEASURES REFERRED Speaker has signed the following en- The following bill, previously re- The message further announced that rolled bills. the House agrees to the amendments of ceived from the House of Representa- H.R. 2508. An act to amend the Federal tives for the concurrent of the Senate, the Senate to the bill (H.R. 3546) enti- Food, Drug, and Cosmetic Act to provide for tled ‘‘An Act to direct the Secretary of improvements in the process of approving was read the first and second times by the Interior to convey the Walhalla Na- and using animal drugs, and for other pur- unanimous consent and referred as in- tional Fish Hatchery to the State of poses. dicated: South Carolina.’’ H.R. 2594. An act to amend the Railroad H.R. 3391. An act to amend the Solid Waste The message also announced that the Unemployment Insurance Act to reduce the Disposal Act to require at least 85 percent of House agrees to the amendment of the waiting period for benefits payable under the funds appropriated to the Environmental Act, and for other purposes. Senate to the bill (H.R. 3378) to amend Protection Agency from the Leaking Under- H.R. 2660. An act to increase the amount ground Storage Tank Trust Fund to be dis- the Indian Health Care Improvement authorized to be appropriated to the Depart- tributed to States for cooperative agree- Act to extend the demonstration pro- ment of the Interior for the Tensas River Na- ments for undertaking corrective action and gram for direct billing of Medicare, tional Wildlife Refuge, and for other pur- for enforcement of subtitle I of such Act; to Medicaid, and for other purposes. poses. the Committee on Environment and Public The message further announced that H.R. 3068. An act to accept the request of Works. the Prairie Island Indian Community to re- the House has agreed to the following voke their charter of incorporation issued f concurrent resolutions, in which it re- under the Indian Reorganization Act. MEASURE READ THE FIRST TIME quests the concurrence of the Senate: The enrolled bills were signed subse- The following bill was read the first H. Con. Res. 145. Concurrent resolution quently by the President pro tempore concerning the removal of Russian Armed time: [Mr. BYRD]. Forces from Moldava. H.R. 3452. An act to make certain laws ap- H. Con. Res. 189. Concurrent resolution ex- At 6:34 p.m., a message from the plicable to the Executive Office of the Presi- pressing the sense of the Congress regarding House of Representatives, delivered by dent, and for other purposes. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11539 EXECUTIVE AND OTHER garding oranges and grapefruit (FV-96-906-1), Mr. DOMENICI, Mr. EXON, Mr. COMMUNICATIONS received on September 23, 1996; to the Com- FAIRCLOTH, Mrs. FEINSTEIN, Mrs. mittee on Agriculture, Nutrition, and For- FRAHM, Mr. FRIST, Mr. GRAHAM, Mr. The following communications were estry. GRAMS, Mr. GRASSLEY, Mr. HATCH, laid before the Senate, together with EC–4192. A communication from the Ad- Mr. HELMS, Mr. HOLLINGS, Mrs. accompanying papers, reports, and doc- ministrator of the Agricultural Marketing HUTCHISON, Mr. INHOFE, Mr. INOUYE, uments, which were referred as indi- Service, Department of Agriculture, trans- Mr. KERREY, Mr. KERRY, Mr. KYL, Mr. cated: mitting, pursuant to law, a regulation re- LAUTENBERG, Mr. LEAHY, Mr. garding kiwi fruit (FV-96-920-1), received on LIEBERMAN, Mr. LEVIN, Mr. LOTT, Mr. EC–4181. A communication from Assistant September 23, 1996; to the Committee on Ag- LUGAR, Mr. MACK, Mr. MCCONNELL, Attorney General, transmitting, a draft of riculture, Nutrition, and Forestry. Ms. MOSELEY-BRAUN, Mr. MOYNIHAN, proposed legislation to amend the Violent EC–4193. A communication from the Gen- Mr. MURKOWSKI, Mrs. MURRAY, Mr. Crime Control and Law Enforcement Act of eral Counsel of the Department of Housing NICKLES, Mr. PRESSLER, Mr. PRYOR, 1994; to the Committee on the Judiciary. and Urban Development, transmitting, pur- Mr. REID, Mr. ROCKEFELLER, Mr. EC–4182. A communication from Assistant suant to law, twelve rules including one enti- ROTH, Mr. SANTORUM, Mr. SARBANES, Attorney General, transmitting, a draft of tled ‘‘HOME Investment Partnerships Pro- Mr. SHELBY, Mr. SIMON, Mr. SIMPSON, proposed legislation entitled ‘‘The Compact gram Final Rule’’ (FR-3962, 3814, 4080, 4108, Mr. SMITH, Mr. STEVENS, Mr. THOMP- on the Exchange of Criminal-History 3472, 3929, 4110, 3857, 3813, 2958, 4114) received SON, Mr. THURMOND, Mr. WARNER, and Records for Noncriminal-Justice Purposes″; on September 26, 1996; to the Committee on Mr. WYDEN): to the Committee on the Judiciary. Banking, Housing, and Urban Affairs. S. 2136. A bill to require the Secretary of EC–4183. A communication from the Ad- EC–4194. A communication from the Man- the Treasury to mint coins in commemora- ministrator of the Agricultural Marketing aging Director of the Federal Housing Fi- tion of the 50th anniversary of the breaking Service, Department of Agriculture, trans- nance Board, transmitting, pursuant to law, of the color barrier in major league baseball mitting, pursuant to law, regulations under a rule entitled ‘‘Terms and Conditions For by Jackie Robinson; to the Committee on the Export Apple and Pear Act (FV-96-33-1), Advances’’ (received on September 23, 1996); Banking, Housing, and Urban Affairs. received on September 26, 1996; to the Com- to the Committee on Banking, Housing, and By Mr. GREGG: mittee on Agriculture, Nutrition, and For- Urban Affairs. S. 2137. A bill to amend title 18, United estry. EC–4195. A communication from the Chair- States Code, to make misuse of information EC–4184. A communication from the Ad- man of the Securities and Exchange Com- received from the National Crime Informa- ministrator of the Agricultural Marketing mission and the Chairman of the Board of tion Center a criminal offense; to the Com- Service, Department of Agriculture, trans- Governors of the Federal Reserve System, mittee on the Judiciary. mitting, pursuant to law, regulations per- S. 2138. A bill to clarify the standards for transmitting, pursuant to law, a report re- taining to tart cherries grown in Michigan, State sex offender registration programs garding markets for small business; to the New York, Pennsylvania, Oregon, Utah, under the Jacob Wetterling Crimes Against Committee on Banking, Housing, and Urban Washington, and Wisconsin (FV-93-930-3), re- Children and Sexually Violent Offender Reg- Affairs. ceived on September 24, 1996; to the Commit- istration Act; to the Committee on the Judi- EC–4196. A communication from the Board tee on Agriculture, Nutrition, and Forestry. ciary. of Governors of the Fedral Reserve System, EC–4185. A communication from the Ad- By Mrs. MURRAY: the Comptroller of the Currency, the Chair- ministrator of the Agricultural Marketing S. 2139. A bill to amend title 49, United man of the Federal Deposit Insurance Cor- Service, Department of Agriculture, trans- States Code, to require the use of child safe- poration, and the Acting Director of the Of- mitting, pursuant to law, a regulation re- ty restraint systems approved by the Sec- fice of Thrift Supervision, transmitting, pur- garding Irish potatoes grown in Colorado retary of Transportation on commercial air- suant to law, a report regarding streamlin- (FV-96-948-2), received on September 24, 1996; craft, and for other purposes; to the Commit- ing of regulatory requirements; to the Com- to the Committee on Agriculture, Nutrition, tee on Commerce, Science, and Transpor- mittee on Banking, Housing, and Urban Af- and Forestry. tation. EC–4186. A communication from the Ad- fairs. By Mr. DORGAN (for himself, Mrs. ministrator of the Agricultural Marketing EC–4198. A communication from the Gen- FEINSTEIN, Mr. EXON, and Mr. Service, Department of Agriculture, trans- eral Counsel of the Department of Transpor- D’AMATO): mitting, pursuant to law, a regulation re- tation, transmitting, pursuant to law, a rule S. 2140. A bill to limit the use of the exclu- garding apricots and cheries (FV-96-922-2), re- regarding standard instrument approach pro- sionary rule in school disciplinary proceed- ceived on September 24, 1996; to the Commit- cedures (RIN 2120-AA65) received on Septem- ings; to the Committee on the Judiciary. tee on Agriculture, Nutrition, and Forestry. ber 26, 1996; to the Committee on Commerce, By Mrs. FEINSTEIN: S. 2141. A bill to amend the Internal Reve- EC–4187. A communication from the Ad- Science, and Transportation. nue Code of 1986 to permit certain tax free ministrator of the Agricultural Marketing EC–4199. A communication from the Gen- corporate liquidations into a 501(c)(3) organi- Service, Department of Agriculture, trans- eral Counsel of the Department of Transpor- zation and to revise the unrelated business mitting, pursuant to law, a regulation re- tation, transmitting, pursuant to law, a rule income tax rules regarding receipt of debt-fi- garding domestic dates grown in Georgia regarding hazardous materials regulation (RIN 2137-AC93) received on September 26, nanced property in such a liquidation; to the (FV-96-955-1), received on September 24, 1996; Committee on Finance. to the Committee on Agriculture, Nutrition, 1996; to the Committee on Commerce, Science, and Transportation. By Mr. FAIRCLOTH: and Forestry. S. 2142. A bill to provide for the inclusion EC–4188. A communication from the Ad- EC–4200. A communication from the Assist- ant Secretary for Legislative Affairs, De- of certain counties in North Carolina in cer- ministrator of the Agricultural Marketing tain metropolitan statistical areas, and for Service, Department of Agriculture, trans- partment of State, transmitting, pursuant to law, a rule regarding international traffic in other purposes; to the Committee on Govern- mitting, pursuant to law, a regulation re- mental Affairs. garding Vidalia onions grown in Georgia arms regulations, recieved on September 23, 1996; to the Committee on Foreign Relations. By Mr. WARNER (for himself, Mr. GRA- (FV-96-955-1), received on September 24, 1996; HAM, Mr. INHOFE, Mr. COATS, Mr. to the Committee on Agriculture, Nutrition, EC–4201. A communication from the Assist- ant Legal Adviser for Treaty Affairs, Depart- LUGAR, Mr. GRAMM, Mrs. HUTCHISON, and Forestry. Mr. ROBB, Mr. FAIRCLOTH, Mr. HOL- EC–4189. A communication from the Ad- ment of State, the report of the texts of international agreements, other than trea- LINGS, Mr. MCCONNELL, Mr. FORD, ministrator of the Agricultural Marketing and Mr. NICKLES): Service, Department of Agriculture, trans- ties, and background statements; to the Committee on Foreign Relations. S. 2143. A bill to authorize funds for con- mitting, pursuant to law, a regulation re- struction of highways, and for other pur- garding almonds grown in California (FV-96- f poses; to the Committee on Environment and 981-2), received on September 24, 1996; to the INTRODUCTION OF BILLS AND Public Works. Committee on Agriculture, Nutrition, and By Mr. D’AMATO (for himself, Mr. JOINT RESOLUTIONS Forestry. KERRY, Mr. FAIRCLOTH, Mr. PRES- EC–4190. A communication from the Ad- The following bills and joint resolu- SLER, and Mr. DODD): ministrator of the Agricultural Marketing tions were introduced, read the first S. 2144. A bill to enhance the supervision Service, Department of Agriculture, trans- and second time by unanimous con- by Federal and State banking agencies of mitting, pursuant to law, a regulation re- foreign banks operating in the United garding nectarines and fresh peaches grown sent, and referred as indicated: States, to limit participation in insured fi- in California (FV-96-916-1), received on Sep- By Mr. D’AMATO (for himself, Mr. nancial institutions by persons convicted of tember 23, 1996; to the Committee on Agri- ABRAHAM, Mr. BENNETT, Mr. BOND, certain crimes, and for other purposes; to the culture, Nutrition, and Forestry. Mrs. BOXER, Mr. BRADLEY, Mr. BUMP- Committee on Banking, Housing, and Urban EC–4191. A communication from the Ad- ERS, Mr. BURNS, Mr. CHAFEE, Mr. Affairs. ministrator of the Agricultural Marketing COATS, Mr. COCHRAN, Mr. COHEN, Mr. By Mr. HARKIN: Service, Department of Agriculture, trans- CONRAD, Mr. COVERDELL, Mr. CRAIG, S. 2145. A bill to amend the Family and mitting, pursuant to law, a regulation re- Mr. DASCHLE, Mr. DEWINE, Mr. DODD, Medical Leave Act of 1993 to allow employees S11540 CONGRESSIONAL RECORD — SENATE September 27, 1996 to take parental involvement leave to par- Mr. BOND, Mrs. BOXER, Mr. a time of need was a more compelling ticipate in or attend the educational activi- BRADLEY, Mr. BUMPERS, Mr. priority. Jackie Robinson was a giving, ties of their children; to the Committee on BURNS, Mr. CHAFEE, Mr. COATS, unselfish man, and devoted son. Labor and Human Resources. Mr. COCHRAN, Mr. COHEN, Mr. By Mr. SHELBY: In 1942, Jackie Robinson faced an- S. 2146. A bill to direct the Secretary of the CONRAD, Mr. COVERDELL, Mr. other noble calling. He joined the Interior to convey the Marion National Fish CRAIG, Mr. DASCHLE, Mr. Army to serve his country during Hatchery and the Claude Harris National DEWINE, Mr. DODD, Mr. DOMEN- World War II. In his 3 years of service, Aquacultural Research Center to the State ICI, Mr. EXON, Mr. FAIRCLOTH, Jackie rose to the rank of 2d lieuten- of Alabama, and for other purposes; to the Mrs. FEINSTEIN, Mrs. FRAHM, Committee on Environment and Public ant and attended Officers Candidate Mr. FRIST, Mr. GRAHAM, Mr. Works. School. The atmosphere of segregation GRAMS, Mr. GRASSLEY, Mr. By Mr. PELL (for himself and Mr. HAT- in the Army inspired him to forge FIELD): HATCH, Mr. HELMS, Mr. HOL- ahead and begin a quiet but lifelong de- S. 2147. A bill to require the Secretary of LINGS, Mrs. HUTCHISON, Mr. termined effort to fight discrimination. the Treasury to mint coins in commemora- INHOFE, Mr. INOUYE, Mr. After the Army, Jackie Robinson re- tion of the bicentennial of the Library of KERREY, Mr. KERRY, Mr. KYL, turned to his true dream—playing Congress; to the Committee on Banking, Mr. LAUTENBERG, Mr. LEAHY, Housing, and Urban Affairs. baseball. Despite the color barrier, Mr. LIEBERMAN, Mr. LEVIN, Mr. By Mr. HARKIN (for himself and Mrs. Jackie Robinson persisted. Jackie Rob- LOTT, Mr. LUGAR, Mr. MACK, MURRAY): inson experienced the ugly face of big- S. 2148. A bill to amend the Internal Reve- Mr. MCCONNELL, Ms. MOSELEY- otry firsthand playing for the Negro nue Code of 1986 to expand the child and de- BRAUN, Mr. MOYNIHAN, Mr. Baseball League in 1945. It was com- pendent care credit, and for other purposes; MURKOWSKI, Mrs. MURRAY, Mr. to the Committee on Finance. monplace to have hotel and restaurant NICKLES, Mr. PRESSLER, Mr. doors shut in his face. He withstood vi- By Mr. KENNEDY (for himself and Mr. PRYOR, Mr. REID, Mr. ROCKE- KERRY): cious taunts and threats from fans. S. 2149. A bill to establish a program to FELLER, Mr. ROTH, Mr. Even some of his own teammates would provide health insurance for workers chang- SANTORUM, Mr. SARBANES, Mr. not acknowledge him. ing jobs; to the Committee on Labor and SHELBY, Mr. SIMON, Mr. SIMP- But those affronts and experiences Human Resources. SON, Mr. SMITH, Mr. STEVENS, did not diminish Jackie Robinson’s By Mr. MURKOWSKI (for himself, Mr. Mr. THOMPSON, Mr. THURMOND, spirit. Eventually, his excellence and CRAIG, Mr. HATCH, Mr. BENNETT, Mr. Mr. WARNER, AND Mr. WYDEN): determination prevailed. In 1946 he CAMPBELL, Mr. BURNS, Mr. NICKLES, S. 2136. A bill to require the Sec- and Mr. STEVENS): joined the Montreal Royals minor- retary of the Treasury to mint coins in S. 2150. A bill to prohibit extension or es- league team in the Dodgers organiza- commemoration of the 50th anniver- tablishment of any national monument on tion. That same year, he was recog- public land without full compliance with the sary of the breaking of the color bar- nized as the MVP of the league, the National Environmental Policy Act and the rier in major league baseball by Jackie first of many baseball honors. Endangered Species Act, and an express Act Robinson; to the Committee on Bank- of Congress, and for other purposes; to the ing, Housing, and Urban Affairs. In 1947, Jackie Robinson became Committee on Energy and Natural Re- THE JACKIE ROBINSON COMMEMORATIVE COIN prominent in the history of our Nation sources. and its great pastime. He penetrated By Mr. SIMPSON (by request): ACT S. 2151. A bill to provide a temporary au- ∑ Mr. D’AMATO. Mr. President, on be- the color barrier in baseball when he thority for the use of voluntary separation half of myself and 64 colleagues, I rise was brought up to play for the Brook- incentives by Department of Veterans Af- today to introduce the Jackie Robin- lyn Dodgers. This breakthrough rever- fairs offices that are reducing employment son Commemorative Coin Act. It is ap- berated throughout all professional levels, and for other purposes; to the Com- propriate and important that the Con- sports and is acknowledged today as a mittee on Veterans’ Affairs. gress honor Jackie Robinson, a true watershed event in the continuing S. 2152. A bill to amend title 38, United struggle for racial equality. States Code, to provide benefits for certain American hero who rose above preju- children of Vietnam veterans who are born dice and segregation to become a pillar Mr. President, in late 1947, Jackie with spina bifida, and for other purposes; to of our national pastime—and a leader Robinson was named Rookie of the the Committee on Veterans’ Affairs. in the fight for racial equality. The bill Year, actually the first so-named in f would authorize the U.S. Mint to com- the major leagues. Then in 1949 he was memorate the 50th anniversary of named MVP of the National League. SUBMISSION OF CONCURRENT AND Jackie Robinson’s historic and heroic Throughout his 11-year career with the SENATE RESOLUTIONS act of breaking baseball’s color barrier. Dodgers, Jackie Robinson won batting The following concurrent resolutions Mr. President, the life story of this titles, set fielding records, and was and Senate resolutions were read, and great American citizen is so uplifting. feared as a base stealer. referred (or acted upon), as indicated: It is a story of a pioneer, a man of Another first occurred in 1962 when By Mr. SHELBY (for himself, Mr. many many, ‘‘firsts.’’ Jackie Robinson became the first Afri- OND RAMS URKOWSKI As a young boy growing up in New B , Mr. G , Mr. M , can-American to be inducted into the Mr. FAIRCLOTH, Mr. KYL, Mr. INHOFE, York, I was consumed by baseball like Baseball Hall of Fame located in Coop- Mr. SANTORUM, Mrs. FRAHM, Mr. so many others. I have a personal con- erstown, NY. THURMOND, Mr. HELMS, and Mr. nection to Jackie Robinson and the BENNETT): legendary Brooklyn Dodgers. Those Mr. President, for many of us, espe- S. Con. Res. 72. A concurrent resolution ex- cially, those of my generation, Jackie pressing the sense of the Congress that the were certainly the banner days for baseball, in New York and elsewhere. Robinson is synonymous with baseball. President should categorically disavow any He dazzled and electrified crowds with intention of issuing a pardon to James or Jackie Robinson, one of the all stars Susan McDougal or to Jim Guy Tucker; to with the legendary Brooklyn Dodgers, his energetic performances on the field. the Committee on the Judiciary. stood as tall as one of New York’s sky- Time and time again, he brought fans By Mr. D’AMATO: scrapers themselves. to their feet. At the same time, he S. Con. Res. 73. A concurrent resolution Jackie Robinson’s courage, quiet de- united a whole city with his personal concerning the return of or compensation for enthusiasm, and baseball excellence. wrongly confiscated foreign properties in termination and competitive spirit were evident throughout his life. At But, Jackie Robinson, the man trans- formerly Communist countries and by cer- formed his greatness on the baseball di- tain foreign financial institutions; to the UCLA, Jackie Robinson was the first Committee on Foreign Relations. four-letter man excelling at football, amond to greatness in his community, f basketball, track, and baseball. hitting homeruns for his fellow man. In Although he was far along the path many ways, Jackie Robinson united STATEMENTS ON INTRODUCED to a promising future in sports, Jackie our Nation through all of his achieve- BILLS AND JOINT RESOLUTIONS Robinson had to leave college after 3 ments. By Mr. D’AMATO (for himself, years to support his mother. He real- After retiring from professional base- Mr. ABRAHAM, Mr. BENNETT, ized that coming to his mother’s aid in ball, he entered a life of service to his September 27, 1996 CONGRESSIONAL RECORD — SENATE S11541 community. He donned the many hats S. 2136 under this Act before the issuance of such of businessman, community leader, and Be it enacted by the Senate and House of Rep- coins. civil rights activist. His dedication to resentatives of the United States of America in (2) DISCOUNT.—Sale prices with respect to bringing down social barriers thrived. Congress assembled, prepaid orders under paragraph (1) shall be at a reasonable discount. He provided affordable housing to low- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Jackie Rob- (d) SURCHARGES.—All sales shall include a income families through the Jackie surcharge of $10 per coin. Robinson Development Corp. He helped inson Commemorative Coin Act’’. SEC. 2. COIN SPECIFICATIONS. SEC. 7. GENERAL WAIVER OF PROCUREMENT spur economic development in Harlem REGULATIONS. by founding the Freedom National (a) $1 SILVER COINS.—In commemoration of the 50th anniversary of the breaking of the (a) IN GENERAL.—Except as provided in Bank, now a prosperous financial insti- subsection (b), no provision of law governing tution. As vice president for personnel color barrier in major league baseball by Jackie Robinson and the legacy that Jackie procurement or public contracts shall be ap- at a well-known fast-food chain, he Robinson left to society, the Secretary of the plicable to the procurement of goods and championed the cause of increasing Treasury (hereafter in this Act referred to as services necessary for carrying out the provi- benefits for workers and their families. the ‘‘Secretary’’) shall mint and issue not sions of this Act. Mr. President, Jackie Robinson re- more than 500,000 $1 coins, each of which (b) EQUAL EMPLOYMENT OPPORTUNITY.— mains an inspiration to this Nation shall— Subsection (a) shall not relieve any person and a commemorative coin will serve (1) weigh 26.73 grams; entering into a contract under the authority (2) have a diameter of 1.500 inches; and of this Act from complying with any law re- as a fitting tribute to this great man. lating to equal employment opportunity. In the spirit of honoring our greatest (3) contain 90 percent silver and 10 percent SEC. 8. DISTRIBUTION OF SURCHARGES. American heroes, I am introducing this copper. (b) LEGAL TENDER.—The coins minted (a) IN GENERAL.—Subject to section 10(a), bill which would authorize silver dollar under this Act shall be legal tender, as pro- all surcharges received by the Secretary commemorative coins to be minted in vided in section 5103 of title 31, United States from the sale of coins issued under this Act 1997 celebrating the 50th anniversary of Code. shall be promptly paid by the Secretary to breaking the color barrier in American (c) NUMISMATIC ITEMS.—For purposes of the Foundation for the purposes of— baseball by Jackie Robinson. Once the section 5134 of title 31, United States Code, (1) enhancing the programs of the Founda- Mint has recovered its costs, profits all coins minted under this Act shall be con- tion in the fields of education and youth would go to the Jackie Robinson Foun- sidered to be numismatic items. leadership skills development; and dation, a public, not-for-profit organi- SEC. 3. SOURCES OF BULLION. (2) increasing the availability of scholar- zation. The Secretary shall obtain silver for mint- ships for economically disadvantaged The focus of the Jackie Robinson ing coins under this Act only from stockpiles youths. (b) AUDITS.—The Comptroller General of Foundation is to make educational and established under the Strategic and Critical Materials Stock Piling Act. the United States shall have the right to ex- leadership development opportunities amine such books, records, documents, and available to minority youths of limited SEC. 4. DESIGN OF COINS. (a) DESIGN REQUIREMENTS.— other data of the Foundation as may be re- financial resources. Full 4-year college (1) IN GENERAL.—The design of the coins lated to the expenditures of amounts paid scholarships are awarded to those minted under this Act shall be emblematic under subsection (a). youths who meet the selection criteria of Jackie Robinson and his contributions to SEC. 9. FINANCIAL ASSURANCES. of the foundation. These criteria are major league baseball and to society. (a) NO NET COST TO THE GOVERNMENT.—The based on academic achievement, com- (2) DESIGNATION AND INSCRIPTIONS.—On Secretary shall take such actions as may be munity service, leadership potential, each coin minted under this Act there shall necessary to ensure that minting and issuing and financial need. be— coins under this Act will not result in any The successes of the foundation’s pri- (A) a designation of the value of the coin; net cost to the United States Government. mary goal are undeniable. Since its in- (B) an inscription of the year ‘‘1997’’; and (b) PAYMENT FOR COINS.—A coin shall not ception, over 400 young adults from all (C) inscriptions of the words ‘‘Liberty’’, be issued under this Act unless the Secretary ‘‘In God We Trust’’, ‘‘United States of Amer- has received— parts of this Nation have benefited ica’’, and ‘‘E Pluribus Unum’’. (1) full payment for the coin; from participation with most students (b) SELECTION.—The design for the coins (2) security satisfactory to the Secretary obtaining degrees in engineering, minted under this Act shall be— to indemnify the United States for full pay- science and related fields. And further- (1) selected by the Secretary after con- ment; or more, the graduation rate of the foun- sultation with the Jackie Robinson Founda- (3) a guarantee of full payment satisfac- dation participants is 92 percent, one of tion (hereafter in this Act referred to as the tory to the Secretary from a depository in- the best in our country. ‘‘Foundation’’) and the Commission of Fine stitution whose deposits are insured by the The Jackie Robinson Foundation was Arts; and Federal Deposit Insurance Corporation or established by Mrs. Rachel Robinson a (2) reviewed by the Citizens Commemora- the National Credit Union Administration tive Coin Advisory Committee. Board. year following Jackie Robinson’s un- SEC. 5. ISSUANCE OF COINS. timely death. She has worked tire- SEC. 10. CONDITIONS ON PAYMENT OF SUR- (a) QUALITY OF COINS.—Coins minted under CHARGES. lessly to keep his inspiration alive this Act shall be issued in uncirculated and (a) PAYMENT OF SURCHARGES.—Notwith- through her gentle strength and relent- proof qualities. standing any other provision of law, no less determination. Jackie Robinson (b) MINT FACILITY.—Only 1 facility of the amount derived from the proceeds of any once said of his wife of 26 years— United States Mint may be used to strike surcharge imposed on the sale of coins issued ‘‘strong, loving, gentle, and brave, any particular quality of the coins minted under this Act shall be paid to the Founda- never afraid to either criticize or com- under this Act. tion unless— fort.’’ Rachel Robinson is truly an in- (c) PERIOD FOR ISSUANCE.—The Secretary (1) all numismatic operation and program credible woman. I can attest to that. may issue coins minted under this Act only costs allocable to the program under which Mr. President, I want to thank my during the period beginning on April 15, 1997, such coins are produced and sold have been and ending on April 15, 1998. recovered; and colleague from New York, FLOYD SEC. 6. SALE OF COINS. (2) the Foundation submits an audited fi- FLAKE for his leadership and dedication (a) SALE PRICE.—The coins issued under nancial statement which demonstrates to in this matter. I would also like to ex- this Act shall be sold by the Secretary at a the satisfaction of the Secretary of the tend a deep appreciation to all cospon- price equal to the sum of— Treasury that, with respect to all projects or sors for their incredible support in re- (1) the face value of the coins; purposes for which the proceeds of such sur- alizing this effort. I owe a special debt (2) the surcharge provided in subsection (d) charge may be used, the Foundation has of gratitude to the Honorable Robert with respect to such coins; and raised funds from private sources for such Rubin, Secretary of the Treasury and (3) the cost of designing and issuing the projects and purposes in an amount which is Philip Diehl, Director of the U.S. Mint coins (including labor, materials, dies, use of equal to or greater than the maximum for their support. machinery, overhead expenses, marketing, amount the Foundation may receive from the proceeds of such surcharge. Mr. President, I ask for unanimous and shipping). (b) BULK SALES.—The Secretary shall (b) ANNUAL AUDITS.— consent that the text of the bill be make bulk sales of the coins issued under (1) ANNUAL AUDITS OF RECIPIENTS RE- printed in the RECORD. this Act at a reasonable discount. QUIRED.—The Foundation shall provide, as a There being no objection, the bill was (c) PREPAID ORDERS.— condition for receiving any amount derived ordered to be printed in the RECORD, as (1) IN GENERAL.—The Secretary shall ac- from the proceeds of any surcharge imposed follows: cept prepaid orders for the coins minted on the sale of coins issued under this Act, for S11542 CONGRESSIONAL RECORD — SENATE September 27, 1996 an annual audit, in accordance with gen- tive action of the Congress relating to the which the perpetrators of these crimes erally accepted government auditing stand- coins minted and issued under this Act.∑ can be prosecuted for misusing the ards by an independent public accountant se- Mr. MURKOWSKI. I wonder if my NCIC data-base. lected by the Foundation, of all such pay- friend from New York will make sure I There is an obvious need for a law ments to the Foundation beginning in the first fiscal year of the Foundation in which am added as a cosponsor. that states in no uncertain terms that any such amount is received and continuing Mr. D’AMATO. I am delighted. I ask the NCIC should not be readily avail- until all such amounts received by the Foun- unanimous consent that Senator MUR- able to any non-law enforcement offi- dation with respect to such surcharges are KOWSKI be added as a cosponsor. cers or for any unofficial purposes. We fully expended or placed in trust. The PRESIDING OFFICER. Without need to send a message that those who (2) MINIMUM REQUIREMENTS FOR ANNUAL AU- objection, it is so ordered. are caught violating the privacy of oth- DITS.—At a minimum, each audit of the ers through NCIC will be prosecuted to Foundation pursuant to paragraph (1) shall By Mr. GREGG: the full extent of the law. report— S. 2137. A bill to amend title 18, Unit- I urge my fellow Senators to support (A) the amount of payments received by the Foundation during the fiscal year of the ed States Code, to make misuse of in- this legislation and join in my outrage Foundation for which the audit is conducted formation received from the National at the ease with which NCIC informa- which are derived from the proceeds of any Crime Information Center a criminal tion is available to criminals. Our Na- surcharge imposed on the sale of coins issued offense; to the Committee on the Judi- tion’s private citizens are not safe from under this Act; ciary. those who would exploit their personal (B) the amount expended by the Founda- THE NATIONAL CRIME INFORMATION CENTER information. tion from the proceeds of such surcharges DATABASE PROTECTION ACT OF 1996 I ask unanimous consent that the during the fiscal year of the Foundation for provisions in the bill be included in the which the audit is conducted; and ∑ Mr. GREGG. Mr. President, I intro- RECORD. (C) whether all expenditures by the Foun- duce the National Crime Information dation from the proceeds of such surcharges Center [NCIC] Database Protection Act There being no objection, the bill was during the fiscal year of the Foundation for of 1996. This legislation will make it a ordered to be printed in the RECORD, as which the audit is conducted were for au- Federal offense to purposely misuse the follows: thorized purposes. NCIC data base. S. 2137 (3) RESPONSIBILITY OF FOUNDATION TO AC- The NCIC was originally established Be it enacted by the Senate and House of Rep- COUNT FOR EXPENDITURES OF SURCHARGES.— in order to centralize information resentatives of the United States of America in The Foundation shall take appropriate steps, about outstanding warrants and crimi- Congress assembled, as a condition for receiving any payment of SECTION 1. MISUSE OF INFORMATION RECEIVED any amount derived from the proceeds of any nal history of citizens of the United FROM THE NATIONAL CRIME INFOR- surcharge imposed on the sale of coins issued States. This data-base allows law en- MATION CENTER. under this Act, to ensure that the receipt of forcement agencies across the United (a) IN GENERAL.—Chapter 101 of title 18, the payment and the expenditure of the pro- States to have access to any informa- United States Code, is amended by adding at ceeds of such surcharge by the Foundation in tion regarding suspected criminals the end the following: each fiscal year of the Foundation can be ac- within their jurisdictions. It is an in- ‘‘§ 2077. Misuse of information received from counted for separately from all other reve- the National Crime Information Center. nues and expenditures of the Foundation. disputable fact that the NCIC has helped apprehend thousands of crimi- ‘‘Whoever obtains information from the (4) SUBMISSION OF AUDIT REPORT.—Not later National Crime Information Center without than 90 days after the end of any fiscal year nals over the years, including Timothy authorization under law or uses information of the Foundation for which an audit is re- McVeigh, who allegedly bombed the lawfully received for purposes not authorized quired under paragraph (1), the Foundation Oklahoma City Federal building. By by law shall be fined under this title or im- shall— providing instantaneous and accurate prisoned not more than 3 years, or both.’’. (A) submit a copy of the report to the Sec- information about individuals with (b) CLERICAL AMENDMENT.—The chapter retary of the Treasury; and criminal pasts, NCIC has helped reduce analysis for chapter 101 of title 18, United (B) make a copy of the report available to recidivism and identify those people States Code, is amended by adding at the end the public. the following: who are dangerous to society. (5) USE OF SURCHARGES FOR AUDITS.—The ‘‘2077. Misuse of information received from Foundation may use any amount received It also is an indisputable fact that the National Crime Information from payments derived from the proceeds of those individuals whose names are in- Center.’’.∑ any surcharge imposed on the sale of coins cluded on the data-base have a right to issued under this Act to pay the cost of an privacy. They have a right to feel se- By Mr. GREGG: audit required under paragraph (1). cure that their information will be (6) WAIVER OF SUBSECTION.—The Secretary S. 2138. A bill to clarify the standards available only to law enforcement and for State sex offender registration pro- of the Treasury may waive the application of that the information will be accessed any paragraph of this subsection to the grams under the Jacob Wetterling Foundation for any fiscal year after taking only when it is necessary for law en- Crimes Against Children and Sexually into account the amount of surcharges which forcement to perform their prescribed Violent Offender Registration Act; to such Foundation received or expended during duties. the Committee on the Judiciary. such year. Over the past several years, there THE JACOB WETTERLING CRIMES AGAINST CHIL- (7) AVAILABILITY OF BOOKS AND RECORDS.— have been instances when the NCIC has DREN AND SEXUALLY VIOLENT OFFENDER The Foundation shall provide, as a condition been used by individuals other than REGISTRATION AMENDMENTS OF 1996 for receiving any payment derived from the law enforcement officers to check the ∑ Mr. GREGG. Mr. President, I intro- proceeds of any surcharge imposed on the backgrounds of individuals who are not sale of coins issued under this Act, to the In- duce the Jacob Wetterling Crimes spector General of the Department of the having a routine background check or Against Children and Sexually Violent Treasury or the Comptroller General of the under suspicion of a crime. In some Offender Registration Amendments of United States, upon the request of such In- cases, law enforcement officers them- 1996. spector General or the Comptroller General, selves have used the data-base improp- The current Jacob Wetterling Act is all books, records, and workpapers belonging erly. For instance, NCIC was used by a an effective and responsible way to to or used by the Foundation, or by any inde- drug gang in Pennsylvania to identify keep track of sexually violent preda- pendent public accountant who audited the narcotics agents. The gang got the tors, especially those who prey on our Foundation in accordance with paragraph NCIC information through a corrupt children. This act requires States to (1), which may relate to the receipt or ex- penditure of any such amount by the Foun- police officer. implement a program through which dation. NCIC was used by an Arizona law en- these types of offenders, once on pa- (c) USE OF AGENTS OR ATTORNEYS TO INFLU- forcement official to locate his ex- role, must register their places of resi- ENCE COMMEMORATIVE COIN LEGISLATION.—No girlfriend and kill her. The data-base dence with State and local law enforce- portion of any payment to the Foundation has also been used by private detec- ment agencies. I have always supported from amounts derived from the proceeds of tives doing background investigations the premise behind this provision in surcharges imposed on the sale of coins is- sued under this Act may be used, directly or on political candidates. the 1994 crime bill, as I believe it pro- indirectly, by the Foundation to compensate Unfortunately, these chilling tales vides law enforcement with the infor- any agent or attorney for services rendered are becoming far too common and mation necessary to locate prior of- to support or influence in any way legisla- there is no ready mechanism under fenders, should they strike again. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11543 I was particularly pleased to support S. 2138 State the person is leaving shall ensure that this provision because New Hampshire Be it enacted by the Senate and House of Rep- notice is provided to an agency responsible has had an exemplary sex offender reg- resentatives of the United States of America in for registration in the new State, if that Congress assembled, State requires registration’’; and istration program for several years. In (9) in subsection (d)(3), by striking ‘‘the SECTION 1. AMENDMENT OF STANDARDS FOR fact, the Department of Justice has designated’’ and all that follows through complimented the Granite State’s pro- STATE SEX OFFENDER REGISTRA- TION PROGRAMS. ‘‘State agency’’ and inserting ‘‘the State or gram as one of the best in the Nation. Section 170101 of the Violent Crime Control any agency authorized by the State’’.∑ Despite my support of the Jacob and Law Enforcement Act of 1994 (Public Wetterling Act, I call on the Senate to Law 103–322) is amended— By Mrs. MURRAY: amend this legislation because it has (1) in subsection (a)(1), by striking ‘‘with a S. 2139. A bill to amend title 49, Unit- come to my attention that this act has designated State law enforcement agency’’ ed States Code, to require the use of established parameters for compliance in each of subparagraph (A) and subpara- child safety restraint systems approved that are too restrictive. In fact, accord- graph (B); by the Secretary of Transportation on ing to the Department of Justice, while (2) in subsection (a)(2), by inserting before commercial aircraft, and for other pur- the period the following: ‘‘, or pursuant to an most States have established success- poses; to the Committee on Commerce, assessment for purposes of a sentencing en- Science, and Transportation. ful sex offender registration programs, hancement determination’’; not one is in compliance with the nar- (3) in subsection (a)(3)(C), by inserting be- THE CHILDREN’S AIRLINE SAFETY ACT OF 1996 rowly drawn provisions outlined in the fore the period the following: ‘‘, or means a ∑ Mrs. MURRAY. Mr. President I intro- bill. person who has been convicted of a sexually duce legislation that would protect our This fact is particularly distressing violent offense and has received an enhanced Nation’s small children as they travel considering that the penalty for non- sentence based on a determination that the on aircraft. We currently have Federal compliance is the loss of 10 percent of person is a serious danger to others due to a regulations that require the safety of that State’s Edward Byrne Memorial gravely abnormal mental condition’’; passengers on commercial flights. How- (4) in subsection (b)(1)(A)— Grant funds. States that already run (A) in clause (ii), by striking ‘‘give’’ and all ever, neither flight attendants nor an successful registration programs do not that follows through ‘‘days’’ and inserting infant’s parents can protect unre- deserve such a penalty. ‘‘report the change of address as provided by strained infants in the event of an air- The amendments that I propose will State law’’; and line accident or severe turbulence. A allow States to be in compliance with (B) in clause (iii), by striking ‘‘shall reg- child on a parent’s lap will likely break Jacob Wetterling while retaining their ister’’ and all that follows through ‘‘require- free from the adult’s arms as a plane own unique system of registering sexu- ment’’ and inserting ‘‘shall report the takes emergency action or encounters ally violent offenders. change of address as provided by State law extreme turbulence. First, this legislation would allow and comply with any registration require- This child then faces two serious haz- ment in the new State of residence’’; States to devise their own way of reg- (5) by amending paragraph (2) of subsection ards. First, the child may be injured as istering paroled offenders. Current law (b) to read as follows: they strike the aircraft interior. Sec- requires States to conduct a mail reg- ‘‘(2) TRANSFER OF INFORMATION TO STATE ond, the parents may not be able to istration system, which is costly. In AND THE FEDERAL BUREAU OF INVESTIGA- find the infant after a crash. The Unit- New Hampshire and other States, the TION.—The officer, or in the case of a person ed/Sioux City, IA crash provides one current system requires offenders to placed on probation, the court, shall forward dark example. On impact, no parent register in person at their local police the registration information to the agency was able to hold on to her/his child. departments. My amendments would responsible for registration under State law. One child was killed when he flew from State procedures shall ensure that the reg- allow these States to retain their cur- istration information is available to a law his mother’s hold. Another child was rent, successful systems. enforcement agency having jurisdiction rescued from an overhead compartment Second, my bill would amend the cur- where the person expects to reside, that the by a stranger. rent provision that requires States to information is entered into the appropriate In July 1994 during the fatal crash of create a board of experts, whose pur- State records or data system, and that con- a USAir plane in Charlotte, NC, an- pose is to determine whether an of- viction data and fingerprints for registered other unrestrained infant was killed fender should be labeled as sexually persons are transmitted to the Federal Bu- when her mother could not hold onto violent and required to register. My reau of Investigation.’’; her on impact. The available seat next (6) in subsection (b)(3)(A)— to the mother survived the crash in- amendment would allow States to (A) in the matter preceding clause (i), by make this determination through an inserting after ‘‘(a)(1),’’ the following: ‘‘State tact. The National Transportation assessment of the individual for pur- procedures shall provide for verification of Safety Board believes that had the poses of a sentencing enhancement de- address at least annually. Such verification baby been secured in the seat, she termination. My own State of New may be effected by providing that’’; would have been alive today. In fact, in Hampshire is an example of the latter (B) in clause (i), by striking ‘‘The des- a FAA study on accident survivability, situation in that all people required to ignated State law enforcement’’ and insert- the agency found that of the last nine register have been designated as sexu- ing ‘‘A designated’’; infant deaths, five could have survived (C) in clause (ii), by striking ‘‘State law had they been in child restraint de- ally violent by a psychiatrist at the enforcement’’; time of sentencing. In New Hampshire, (D) in clause (iii), by striking ‘‘to the des- vices. no State board needs to be created. ignated State law enforcement agency’’; and Turbulence creates very serious prob- Finally, my bill would allow sex of- (E) in clause (iv), by striking ‘‘State law lems for unrestrained infants. In four fenders to first register with local law enforcement’’; separate incidences during the month enforcement agencies, who then pass (7) in subsection (b)(4), by striking ‘‘section of June, passengers and flight attend- the information to the State, the FBI, reported’’ and all that follows through ‘‘re- ants were injured when their flights hit and other appropriate agencies. quirement’’ and inserting the following: sudden and violent turbulence. In one These amendments simply recognize ‘‘section shall be reported by the person in of these, a flight attendant reported the manner provided by State law. State pro- that it is not the role of the Federal cedures shall ensure that the updated ad- that a baby seated on a passenger’s lap Government to devise each State’s sys- dress information is available to a law en- went flying through the air during tur- tem for dealing with its paroled offend- forcement agency having jurisdiction where bulence and was caught by another ers. Each State’s methods and needs the person will reside and that the informa- passenger. This measure is endorsed by are different. The Federal Government tion is entered into the appropriate State the National Transportation Safety should not mandate that each of them records or data system.’’; Board and the Aviation Consumer Ac- conduct identical programs. (8) in subsection (b)(5), by striking ‘‘shall tion Project. I ask unanimous consent that the register’’ and all that follows through ‘‘re- We must protect those unable to pro- quirement’’ and inserting ‘‘who moves to an- tect themselves. Just as we require provisions in the bill be included in the other State shall report the change of ad- RECORD. dress to the responsible agency in the State seatbelts, motorcycle helmets, and car There being no objection, the bill was the person in leaving, and shall comply with seats, we must mandate restraint de- ordered to be printed in the RECORD, as any registration requirement in the new vices that protect our youngest citi- follows: State of residence. The procedures of the zens. I urge my colleagues to support S11544 CONGRESSIONAL RECORD — SENATE September 27, 1996 this legislation that ensures our kids The facts of this case made me so not be exonerated by this legislation, remain passengers and not victims.∑ angry because it simply stands com- and people who have been aggrieved mon sense on its head. In 1992, Juan C. will be free to pursue any judicial or By Mr. DORGAN (for himself, was stopped by a school security aide statutory remedies available to them. Mrs. FEINSTEIN, Mr. EXON, and who said he saw a bulge resembling the What they are not free to do—once Mr. D’AMATO): handle of a gun inside Juan’s leather they have been found with a gun—is S. 2140. A bill to limit the use of the jacket. The aide grabbed for the bulge, slip through a school’s disciplinary exclusionary rule in school disciplinary which was indeed a loaded .45 semi- process and return to school where proceedings; to the Committee on the automatic handgun. they can continue to threaten other Judiciary. Juan was expelled for school for one kids and teachers. I do not want that THE SAFER SCHOOLS ACT OF 1996 year. This internal disciplinary action kid in school with my children. I do Mr. DORGAN. I come to the floor, is consistent with the requirements of not want that kid in school with the Mr. President, along with my col- the Gun-Free Schools Act. Juan was children of the Presiding Officer or any league, Senator FEINSTEIN, from Cali- also changed with criminal weapons other citizen of this country. When a fornia, to introduce legislation that violations. kid puts a semiautomatic pistol, load- will help keep our kids safe from gun The family court that heard Juan’s ed, in his waistband or jacket and violence in school. It is late in the ses- criminal case ruled that the security heads off to school, if my children or sion to do this, but I am joined in this guard did not have reasonable sus- the children of any American citizen effort by the Senator from California, picion to search this student. As a re- are in that school, I want that kid ex- Mrs. FEINSTEIN, the Senator from Ne- sult, the court refused to admit the pelled and out immediately. braska, Mr. EXON, and the Senator gun as evidence of Juan’s guilt, relying If our court system does not under- from New York, Mr. D’AMATO. I want on the judicially created mechanism stand that, then there is something to describe what this legislation is and known as an exclusionary rule. wrong with our court system. Never why it is necessary at this point. The New York appellate court took again, in this country, should we have Yesterday, in the Washington Post, this decision to ridiculous lengths by a circumstance where a court says there was a tiny little paragraph at the applying the exclusionary rule to the that, even though a student is caught bottom of a section called ‘‘Around the internal school disciplinary action red-handed with a loaded gun, the secu- Nation.’’ It is the smallest of para- against this student. In essence, this rity guard who finds it should pat the graphs describing the fate of a man court was saying that the security aide kid on back and say, ‘‘Sorry, I really named Horace Morgan. Horace Morgan in the school was to blame for catching should not have seen that. You go to was a teacher who, as reported in yes- this young student red-handed bringing class now.’’ terday’s news, was killed trying to a gun to school. They said he should No wonder people are angry in this break up a fight at a school for prob- not have been expelled and ordered his country about a system that excuses lem students in Scottdale, GA. He was record expunged of any wrongdoing in everything. I know people will say to fatally shot by a teenager. He had the matter. me, ‘‘How dare you personalize this? taught English and language arts at This is the most ludicrous decision How dare you criticize a judge?’’ But the De Kalb County Alternative School from a court. If this ruling is allowed who is a judge? Judges are public serv- for 10 years. This teacher died of mul- to stand, teachers and school adminis- ants, paid for with public money. I tiple gunshot wounds. A 16-year-old trators who know that a student is want judges to make thoughtful, rea- student was arrested. This was not packing a gun will be powerless to act sonable decisions. headlines. It was not the front section. without a ‘‘reasonable suspicion’’— When judges, just as when other pub- It was not on the front page—a tiny lit- whatever that now is—that the gun ex- lic officials come up with decisions tle paragraph in the newspaper about a ists. In some cases, like this one, it that defy all common sense, we have a teacher being shot in school, a teacher tells school officials to look the other right to be publicly critical. Certainly named Horace Morgan dying of mul- way when they know a student is car- in this case we have a right to offer tiple gunshot wounds. rying a loaded gun. legislation to say there ought not be The point is that it is not so uncom- I do not understand this thinking. one school district in America that has mon that it warrants headlines in this What on Earth has happened to com- any other than zero tolerance for guns country when a student shoots and mon sense? When you and I board an in schools. There ought not be one judi- kills a teacher. About 2 years ago, Sen- airplane, we voluntarily consent to se- cial jurisdiction in this country that is ator FEINSTEIN and I wrote the Gun- curity checks in order to preserve the able to say to any school board, any Free Schools Act, which is now law. safety and security of ourselves and principal, or any teacher, that a kid The Gun-Free Schools Act says there other passengers. Now we have a court bringing a gun to school ought to be shall be zero tolerance on the issue of that says, ‘‘Oh, but you can’t have that sent back to a classroom because some- guns in schools—no excuses, no toler- same level of security with respect to one had no right to find the gun. ance. Guns do not belong in schools. kids in school. Yes, you can remove a If we have a right to ensure the secu- Schools are places of learning. Stu- gun from a passenger who is going on rity of passengers who get on airplanes dents cannot bring guns to school to an airplane because it is unsafe, but in this country, and we do, then we threaten other students. Bring a gun to you cannot remove a gun from the have a right to ensure the safety of school and you will be expelled for 1 jacket of a 15-year-old who is carrying teachers and children in our public year—no tolerance, no excuses, no ifs, a loaded .45 semiautomatic pistol into schools. If we do not have that right, if ands or buts. No guns in schools. Bring a school.’’ What has happened to com- we cannot take the first baby step in a gun, you are expelled for a year. That mon sense? making sure that places of learning are is now the law. I am introducing a piece of legisla- safe, then we cannot take any step in A week ago yesterday, I came to the tion today that is painfully simple. So improving our educational system in Senate floor and again spoke on the simple, in fact, that it ought not to America. issue of guns in schools. I did this be- have to be introduced. It simply says I offer this bill in the spirit of bipar- cause, as I was shaving in the morning that you cannot exclude a gun as evi- tisanship. There are Republicans and getting ready for work, I heard a news dence in a disciplinary action in Democrats who have joined me in of- piece on NBC television that so infuri- school. This bill returns to schools the fering it. I recall a couple years ago, at ated me I wanted to address it right most basic and necessary of discipli- the end of a legislative session just like away. The news story was about an ap- nary tools—the ability to keep class- we are now, when Senator FEINSTEIN pellate court in New York that had rooms safe from gun violence for the and I were trying very hard to save the ruled a student who brought a gun to students who want to learn. provision that we had put in law saying school should not have been expelled Let me emphasize that this bill does we ought to adopt a zero tolerance on for a year because the security aide not violate the constitutional rights of guns in schools. At the time, I shared a who found the gun did not have reason- kids. School officials who conduct un- story with my colleagues. I know it is able suspicion to search the student. reasonable or unlawful searches will repetitious but it is important, so I am September 27, 1996 CONGRESSIONAL RECORD — SENATE S11545 going to tell it again. I do not know or regulation providing that evidence that a schools with weapons. That is a reason- about the subject of guns in schools so student brought a weapon to a school under able belief if there is a bulge. much from my hometown because I the jurisdiction of the local educational We know for a fact that many come from North Dakota, a town of agencies in that State, that is obtained as a schools now have metal detectors, that result of a search or seizure conducted on many schools routinely search 300, a high school class of nine; a small school premises, shall not be excluded in any school. We did not have so many of the school disciplinary proceeding on the ground backpacks. What does this court find- problems that so many schools have that the search or seizure was in violation of ing do to these routine searches? I now. the fourth amendment to the Constitution of think it decimates them. But a few years ago I toured a school the United States.’’. So we have submitted to you a bill not very far from this Capitol building. (b) REPORT TO STATE.—Section 14601(d) of which we hope will correct this. I know That school had metal detectors and the Gun-Free Schools Act of 1994 (20 U.S.C. that gun-free schools work. In Los An- security guards. A month later, a stu- 8921(d)) is amended— geles, when they put in a gun-free- (1) in paragraph (1), by striking ‘‘the State school bill, gun incidents went down by dent at that school bumped a student law required by’’ and inserting ‘‘each State who was taking a drink at a water 65 percent. In San Diego, gun incidents law or regulation’’; and in school were cut in half. fountain and the student taking the (2) in paragraph (2), by striking ‘‘sub- What we contend is that any school drink, after he was bumped, pulled out section (b)’’ and inserting ‘‘subsection that takes Federal money should have a pistol, turned around, and shot the (b)(1)(A)’’. a zero tolerance policy for guns in that other student four times. The name of (c) REPORT TO CONGRESS.—Section 14601(f) school. That means you bring a gun to the young man who was shot is Je- of the Gun-Free Schools Act of 1994 (20 U.S.C. 8921(f)) is amended by inserting ‘‘of school, you are expelled for 1 year. No rome. He survived; critically wounded, subsection (b)(1)(A)’’ before ‘‘of this’’. ifs, ands, or buts, you go out. The su- but he survived. I visited with Jerome perintendent has the ability to be able after that. He has since graduated. Mrs. FEINSTEIN addressed the to see there is some alternative place- But I was trying to understand, what Chair. ment if that is available and to provide is happening here? What is happening The PRESIDING OFFICER. The Sen- counseling for the youngster. But the that a child who bumps another child ator from California. point of this is, it has to be enforced. in a lunchroom finds himself facing a Mrs. FEINSTEIN. I thank the Chair. Mr. President, I thank the Senator For the New York City Family Court loaded pistol and is shot four times? I to strike down a gun being entered into do not even begin to understand it. But from North Dakota for his leadership on this issue. I have been very proud to evidence that was confiscated by a I do not need to begin to understand it bona fide security person in the course to know that we ought, in every cir- cosponsor the bill with him, and it has been a very important bill in Califor- of their duties on school grounds to me cumstance, under every condition, de- just boggles my mind. cide to fight to make certain that peo- nia. I will never forget going to a school Let me talk just for a moment about ple are not bringing guns into our what happens if this ruling stands and schools. Our schools ought to be safe in Hollywood, CA, speaking to a fourth grade class and asking that class, What if we don’t address it legislatively. I havens, places of learning where our think it is really a shot in the back of young boys and girls come, believing is your No. 1 fear? Do you know what it was? It was get- school districts that are attempting to they are going to learn during that day ting shot in class or on the way to eliminate gun violence in their schools. and be safe while they are learning. school. I didn’t believe it, so I asked How many school security guards and That is why we introduced the legis- the class: Well, how many of you have teachers will now hesitate to be just a lation 2 years ago. I am very surprised even heard gunshots? In the fourth little bit more vigilant in protecting we are here on the floor of the Senate grade of this Hollywood elementary the millions of good, innocent kids who talking again about this issue, but we school, every single hand went up. are in our schools? How many over- are here because of a court decision Then I remember going to Reseda worked and underpaid teachers, fearful that stands logic on its head. When High School and embracing a mother for their safety, will decide that this is they do that, I will come to the floor whose son had been shot in a hallway the last straw and simply turn away again, and again, and again, and intro- for no reason at all, just shot dead by from teaching if they can’t go out duce legislation that restores some another student. That is when I came there and say, ‘‘I think you may have common sense on this issue. back and sort of firmed up my resolve something in your backpack that is Mr. President, let me say again that contraband. Open it up.’’ Or, ‘‘Susie,’’ to really try to do something about it. I appreciate the opportunity to work or ‘‘Jeff, what is that bulge in your In 1993—this is the year before we closely with the Senator from Califor- pocket? Let me see what you have in passed this bill, gun-free schools—the nia on this issue. Mr. President, I yield your pocket.’’ Oakland school officials confiscated 60 the floor, and I ask unanimous consent This raises the whole kind of com- guns; Fresno school officials con- that the text of the bill be printed in monsense aspect: Should a youngster fiscated 43 guns; San Jose, 175 guns; the RECORD. in a school have the same privacy Los Angeles, 256 guns; Long Beach, 37 There being no objection, the bill was rights that a youngster in a home guns; and San Diego, 30 guns. ordered to be printed in the RECORD, as would have? I don’t think so. I think a These are the schools of California. follows: minor should be subject to search for Who can learn when a youngster has a contraband, to search for possession of S. 2140 .45 in their pocket? I don’t think your Be it enacted by the Senate and House of Rep- a weapon, and if we let our laws in this son or daughter could learn. I know my country bend over so backward that a resentatives of the United States of America in son or daughter or granddaughter Congress assembled, security guard or a teacher can’t say, couldn’t learn in a school if guns are ‘‘Show me what you have in that pock- SECTION 1. SHORT TITLE. present. So this is a good bill. This Act may be cited as the ‘‘Safer et,’’ or ‘‘Show me what I think you Schools Act of 1996’’. I share the frustration of Senator have in that backpack,’’ or ‘‘I have rea- DORGAN. I wasn’t shaving that morn- SEC 2. SAFER SCHOOLS. son to believe you may have something (a) IN GENERAL.—Section 14601(b)(1) of the ing, but I did read the New York you shouldn’t have in your locker; I am Gun-Free Schools Act of 1994 (20 U.S.C. Times, and what I saw in the New York going to open it up and look at it,’’ I 8921(b)(1)) is amended— Times amazed me, because what it said think any effort to protect youngsters (1) by striking ‘‘under this Act shall have’’ was that no school security guard, see- in schools will go right out the window. and inserting the following: ‘‘under this ing a bulge in a youngster’s pocket, So I think that what we are trying to Act— could go up to that youngster and say, do today—Senator DORGAN, myself, I ‘‘(A) shall have’’; ‘‘What do you have in your pocket?’’ know I talked with Senator D’AMATO (2) by striking the period at the end and in- If you see a bulge in somebody’s serting ‘‘; and’’; and about this. I know he has said, ‘‘Let’s (3) by adding at the end the following: pocket, you can have a reasonable be- work together.’’ I am delighted to see ‘‘(B) beginning not later than 2 years after lief that they are carrying a weapon, he is on this bill as well. the date of enactment of the Safer Schools particularly in a day and age where we It is extraordinarily important that Act of 1996, shall have in effect a State law have 160,000 students a year going into we get guns out of our schools, and this S11546 CONGRESSIONAL RECORD — SENATE September 27, 1996 court decision was just a major set- Private charities can never replace nities and charitable funding is already back, because what it said is, you can’t government programs for national so- stretched dangerously thin. Charities enter the gun into evidence, you can’t cial priorities. However, nonprofit need added tools to unlock the public’s make it stick. I cannot fathom how charities across America play a critical desire to give generously. We need to any judge could do this. role in providing vital services to peo- create appropriate incentives for the I am not entirely sure that the rem- ple in need. The Federal Government private sector to do more. edy we present today is the full remedy needs to take steps to ensure we are In California and throughout the that we need. I think it may even need doing everything we can to encourage country, volunteer and charitable orga- beefing up in itself. But I think it is a private charitable support to supple- nizations, together, perform vital roles real start in the right direction, and I ment government programs and gov- in the community and they deserve our think it is extraordinarily important ernment support. support. Allow me to provide a few ex- that Senators on both sides of the aisle The Federal Government needs to amples, which could be repeated in any really state to the public their belief take steps to encourage greater private town across America: that guns must not be brought to sector support. Government must pro- Summer Search: In San Francisco, school, that knives must not be vide both the leadership and the incen- the Summer Search Foundation is hard brought to school, that drugs, for that tives to encourage more private, chari- at work preventing high school stu- matter, should not be brought to table giving through the tax code. Ana- dents from dropping out of school. school, and that we reinforce this in lysts believe the gift of closely held Summer Search helps students not every way, shape or form we can legis- business stock is an underutilized only successfully complete high school latively. source of potential funds for charitable but, for 93 percent of the participants, I am very, very pleased and proud to activities that warrants closer atten- go on to college. By increasing chari- join with the Senator from North Da- tion and legislative remedies. table contributions, groups like Sum- kota, once again, in hopes that this A closely held business is a corpora- mer Search can help keep kids in body will take prompt action in the tion, in which stock is issued to a school and moving forward toward early part of the next session. My hope small number shareholders, such as graduation and a more productive con- also is, as this case proceeds on appeal, family members, but is not publicly tribution to the Nation. that common sense may reign. I cannot traded on a stock exchange. This busi- Drew Center For Child Development: believe that the Framers of the Con- ness form is very popular for family Dramatic increases in the number of stitution of the United States of Amer- businesses involving different genera- child abuse and neglect cases, which ica wanted a situation whereby a tions. now total nearly 3 million children in youngster could be search-proof in a However, today, the tax cost of con- the United States, is deeply troubling school for a weapon of destruction. tributing closely-held stock to a char- for everyone. We must do everything to ity or foundation can be prohibitively By Mrs. FEINSTEIN: prevent these cases, but cutbacks in S. 2141. A bill to amend the Internal high. The tax burden discourages fami- Social Services block grants will im- Revenue Code of 1986 to permit certain lies and owners from winding down a pose new burdens on local commu- tax free corporate liquidations into a business and contributing the proceeds nities. Charitable support can be a 501(c)(3) organization and to revise the to charity. This legislation would per- small part of the solution. unrelated business income tax rules re- mit certain tax-free liquidations of Drew Child Development, a child care garding receipt of debt-financed prop- closely held corporations into one or and development center in the Watts erty in such a liquidation; to the Com- more tax exempt 501(c)(3) organiza- neighborhood of Los Angeles, works di- mittee on Finance. tions. rectly with children and families in- Under current law, a corporation volved in child abuse environments. CHARITABLE GIVING TAX LEGISLATION may have to be liquidated to effec- ∑ Mrs. FEINSTEIN. Mr. President, I in- Unfortunately, these 130 families in troduce legislation to strengthen tax tively complete the transfer of assets which the Drew Center supports is not incentives to encourage more chari- to the charity for its use, incurring a the end of the story. There are thou- table giving in America. The legisla- corporate tax at the Federal rate of 35 sands of other families that could bene- tion would represent an important step percent. In 1986, Congress repealed the fit from this child abuse treatment pro- and encourage greater private sector ‘‘General Utilities’’ doctrine, imposing gram if more resources were available. support of important educational, med- a corporate level tax on all corporate The Drew Center expects cuts in gov- ical, and other valuable programs in transfers, including those to tax ex- ernment funding. They anticipate that local communities across the country. empt charitable organizations. Addi- they will have to cut counselor posi- Americans are among the most car- tionally, a charitable organization tions and turn needy families away. ing in the world, contributing gener- could also be subject to taxation on its Stronger incentives for private sector ously to charities in their commu- unrelated business income from certain giving would provide the Drew Center nities: types of donated property. with some of the resources needed to American families contribute, on av- These tax costs make contributions combat this enormous problem. erage, nearly $650 per household, or of closely held stock a costly and inef- The Chrysalis Center: In 1993 I visited about $130 billion, per year, to char- fective means of transferring resources the Chrysalis Center, a nonprofit orga- ities. to charity. If the Federal Government nization in downtown Los Angeles Approximately, three out of every is going to find new ways to encourage dedicated to helping homeless individ- four households give to nonprofit char- charitable giving, we need to look at uals find and keep jobs. Chrysalis pro- itable organizations. these tax costs which undercut both vides employment assistance, from However, charities are very con- the incentive to give and the potential training in job-seeking skills to super- cerned for the future, anticipating a value of any charitable gift. vised searches for permanent employ- decline in Federal social spending to Governments at the Federal, State, ment. In 1995, the center helped over address urgent needs like childrens’ and local level, are reducing spending 750 people find work, and has helped services, homelessness, job training, in all areas of their budgets, including place more than 3,000 people in perma- health and welfare, just as the need for spending for social services. Public nent, full-time jobs in the last decade. help accelerates. charities and private foundations al- However, there are still an estimated Nonprofit charities are very con- ready distribute funds to a diverse and 15,000 homeless individuals in the Los cerned about their ability to maintain wide ranging group of social support Angeles area that are able to work. their current level of services, let alone organizations at the community level. Most of these men and women, how- expand to meet the increasing demand Congressional leaders have looked to ever, lack literacy skills and the re- for services. While charitable contribu- private charities in our religious insti- sources to move from the streets to tions grew by 3.7 percent in 1994, con- tutions, our schools and communities, full-time employment. With increased tributions for human services, the area to fill the void created by government charitable contributions, Chrysalis most closely associated with poverty cut-backs. However, volunteers are al- would be able to offer hope and oppor- programs, dropped by 6 percent. ready hard at work in their commu- tunity for thousands more. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11547 Today, I introduce tax incentive leg- With virtually limitless need, we tions into 501(c)(3) organizations and to re- islation to encourage stronger support must look at new ways to encourage vise the Unrelated Business Income Tax for the Nation’s vital charities. The and nurture a strong charitable sector. (UBIT) rules regarding the receipt of mort- gaged property in a corporate liquidation: proposal: The private sector cannot begin to re- Section 1: Establishes an exception under Eliminates the corporate tax upon place the government role, but if the IRC section 337 to permit a tax-free liquida- liquidation of a qualifying closely-held desire to support charitable activity tion of a corporation into a charitable orga- corporation under certain cir- exists, we should not impose taxes to nization under IRC section 501(c)(3) when cumstances. The legislation would re- deplete the value of that support. eighty percent or more of the corporation is quire 80 percent or more of the stock to Tax laws should encourage, rather dedicated to the charity through a bequest be bequeathed to a 501(c)(3) tax-exempt than impede, charitable giving. By in- at death by a US citizen or resident of the organization; and hibiting charitable gifts, Federal tax US, an estate or trust. Clarifies that a charity can receive Section 2: Expands the current law ten laws hurt those individuals that most year exemption from the Unrelated Business mortgaged property in a qualified liq- need the help of their government and Income Tax to include entities receiving uidation, without triggering unrelated their community. mortgaged assets in a corporate liquidation. business income tax for a period of 10 I request unanimous consent to have When a tax exempt entity receives mort- years. This change parallels the exemp- the legislation and section-by-section gaged property from a corporate liquidation tion from unrelated business income analysis printed in the RECORD. covered by section one of this bill, no Unre- tax provided under current law for di- There being no objection, the mate- lated Business Income Tax would be imposed rect transfers by gift or bequest. rial was ordered to be printed in the for 10 years. Section 3: The amendment takes effect Under the legislation, the individual RECORD, as follows: upon date of enactment for corporate plans donor would receive no tax benefit S. 2141 of liquidation adopted on or after January 1, from the proposal, as the tax savings Be it enacted by the Senate and House of Rep- 1997.∑ generated would increase the funds resentatives of the United States of America in available for the charity. Congress assembled, By Mr. WARNER (for himself, By eliminating the corporate tax SECTION 1. ELIMINATION OF CORPORATE LEVEL Mr. GRAHAM, Mr. INHOFE, Mr. upon liquidation, Congress would en- TAX UPON LIQUIDATION OF CLOSE- COATS, Mr. LUGAR, Mr. GRAMM, LY HELD CORPORATIONS UNDER courage additional, and much needed, CERTAIN CONDITIONS. Mrs. HUTCHISON, Mr. ROBB, Mr. charitable gifts. Across America, (a) IN GENERAL.—Paragraph (2) of section FAIRCLOTH, Mr. HOLLINGS, Mr. countless thousands have built success- 337(b) of the Internal Revenue Code of 1986 MCCONNELL, Mr. FORD, and Mr. ful careers and have generated substan- (relating to treatment of indebtedness of NICKLES): tial wealth in closely-held corpora- subsidiary, etc.) is amended— S. 2143. A bill to authorize funds for tions. As the individuals age and plan (1) by striking ‘‘Except as provided in sub- construction of highways, and for other for their estate, we should help them paragraph (B)’’ in subparagraph (A) and in- purposes; to the Committee on Envi- serting ‘‘Except as provided in subparagraph channel their wealth to meet philan- (B) or (C)’’, and ronment and Public Works. thropic goals. Individuals who are will- (2) by adding at the end the following new THE ISTEA INTEGRITY RESTORATION ACT ing to make generous bequests of com- subparagraph: Mr. WARNER. Mr. President, I am panies and assets, often companies ‘‘(C) EXCEPTION IN THE CASE OF STOCK AC- pleased to introduce today, along with they have spent years building, should QUIRED WITHOUT CONSIDERATION.—If the 80- my distinguished colleague from Flor- not be discouraged by substantially re- percent distributee is an organization de- ida, Mr. GRAHAM, the ISTEA Integrity ducing the value of their gifts through scribed in section 501(c)(3) and acquired Restoration Act. We have a number of stock in a liquidated domestic corporation Federal taxes. from either a decedent (within the meaning cosponsors, I am pleased to say, whom While the Joint Tax Committee has of section 1014(b)) or the decedent’s spouse, I shall not list. But it is a bipartisan not yet prepared an official revenue subparagraph (A) shall not apply to any dis- group. cost, previous estimates suggest a 7- tribution of property to the 80-percent dis- As chairman of the Subcommittee on year cost of about $600 million. tributee. This subparagraph shall apply only Transportation and Infrastructure, and However, the revenue estimate rep- if all of the following conditions are met: the distinguished Senator from Florida resents the expectation of significant ‘‘(i) Eighty percent or more of the stock in is a member of my subcommittee, we transfer to charity as a result of the the liquidated corporation was acquired by do this on behalf of many Senators and the distributee, solely by a distribution from legislation. By the same techniques an estate or trust created by one or more invite others, hearing of this introduc- used to estimate the tax cost to Treas- qualified persons. For purposes of this tion at this time, to consider adding ury, we estimate between $3 and $5 bil- clause, the term ‘qualified person’ means a their names as cosponsors. lion in charitable contributions would citizen or individual resident of the United This legislation is the product of 2 be stimulated by this tax change. This States, an estate (other than a foreign estate years of work on the part of many Sen- tax proposal may generate as much as within the meaning of section 7701(a)(31)(A)), ators and, indeed, specifically a group seven times its revenue loss in ex- or any trust described in clause (i), (ii), or of States, 21 in number, known as panded charitable giving. (iii) of section 1361(c)(2)(A). STEP–21. The goals of this group of ‘‘(ii) The liquidated corporation adopted The legislation has been endorsed by its plan of liquidation on or after January 1, States, referred to as STEP–21, are in- the Council on Foundations, the um- 1997. corporated in this legislation. This brella organization for foundations ‘‘(iii) The 80-percent distributee is an orga- group shares, among those goals, that throughout the country, and the Coun- nization created or organized under the laws of ensuring that our surface transpor- cil of Jewish Federations. of the United States or of any State. tation system is prepared to respond to I am pleased to add my colleagues Nothing in subsection (d) shall be construed the economic challenges of the 21st MARK HATFIELD, of Oregon, SLADE GOR- to limit the application of this subsection in century. TON of Washington and MAX BAUCUS, of circumstances in which this subparagraph The current surface transportation Montana, as co-sponsors of the legisla- applies.’’. authorization bill, known as ISTEA—I (b) REVISION OF UNRELATED BUSINESS IN- tion. I encourage others to review this COME TAX RULES TO EXEMPT CERTAIN AS- might refer to it as ISTEA 1, and next legislation and listen to the charitable SETS.—Subparagraph (B) of section 514(c)(2) year I, hopefully, will be a part of the sectors in your community. During of the Internal Revenue Code of 1986 (relat- legislating group to provide for ISTEA this past year, the proposed legislation ing to property acquired subject to mort- 2—but ISTEA 1 expires September 30, went through several different revi- gage, etc.) is amended by inserting ‘‘or pur- 1997. So it is imperative that the Con- sions in order to sharpen the bill’s suant to a liquidation described in section gress of the United States draft and focus and target the legislation in the 337(b)(2)(C),’’ after ‘‘bequest or devise,’’. legislate ISTEA 2 next year. most effective manner. I want to en- (c) EFFECTIVE DATE.—The amendments American products are reaching do- made by this section shall take effect on the courage the review process to continue, date of the enactment of this Act. mestic and international markets in so we may continue to build support shorter times. Manufacturing plants and target the bill’s impact for the SECTION BY SECTION DESCRIPTION are reducing inventories and relying on benefit of the Nation’s nonprofit com- Amending the Internal Revenue Code to just-in-time deliveries. I visited an in- munity. permit certain tax free corporate liquida- dustrial plant in my State, in Luray, S11548 CONGRESSIONAL RECORD — SENATE September 27, 1996 VA, which is primarily making blue With the completion of the Interstate bring into balance a more equitable jeans. I asked them, ‘‘How do you com- Highway System, the mobility of system of allocation of the public high- pete with the low-cost labor market in Americans has steadily increased. way trust funds donated by our respec- Asia? Indeed, how do you compete with Every day we commute longer dis- tive States. As I said, some of our the European markets?’’ They came tances to our jobs. We travel longer States, like Virginia and Florida, are straight to the point. No. 1, the hard distances for vacations or to visit referred to as donor States, meaning work delivered by the citizens of Vir- friends and family. we send more to Washington than we ginia in that plant. But, No. 2, it is In testimony before the Transpor- get back. That must be adjusted next very clear, is turnaround time. We get tation and Infrastructure Subcommit- year. an order in, we fill the boxes, we put it tee this year, Secretary of Transpor- Mr. GRAHAM. Mr. President, I ap- on the truck, and that truck turns tation Pen˜ a indicated that gridlock on preciate the opportunity this afternoon around and goes back, back to the pur- our Nation’s highways wastes $30 bil- to join my friend and colleague from chasers in a very short period of time. lion annually. The ISTEA Integrity Virginia in the introduction of this im- Mr. President, that turnaround time, Restoration Act addresses this critical portant legislation. I believe there are that ability to turn goods around on problem by redirecting Federal dollars a couple of historical notes that should the roads as they exist in America to our States on a more equitable be made at this time. today that will exist even in better basis. First is, we are introducing legisla- form tomorrow through improved Our legislation also builds upon the tion to carry on a program which will bridges and other forms of transpor- successes of ISTEA by: preserving pub- expire 368 days from today. By intro- tation, that gives us an edge in this lic participation and the role of local ducing this legislation today, we are ‘‘one world market’’ to beat those governments in transportation deci- giving to our colleagues—but more im- other competitors. sion-making; continuing the national portant to the millions of Americans Throughout Virginia, all types of in- goal of intermodalism; expanding State who will be affected by this legisla- dustries tell me that their ability to and local authority to determine trans- tion—more than a year to give full con- get the goods to domestic or inter- portation priorities; and, increasing sideration to the policy proposals national markets makes the difference the flexibility to use transportation which we are advancing. in their competitiveness here at home, dollars on other modes of transpor- We are doing that at the very time indeed, and worldwide. In this one- tation that improve air quality, facili- that, here on the Senate floor, other world market, our existing modern tates the flow of traffic or enhances the important matters are being denied transportation system is probably one preservation of historic transportation that kind of full attention and explo- of the major factors that gives us such facilities. ration. I commend the Senator from a competitive edge as we have here The ISTEA Integrity Restoration Act Virginia for his vision and his far- today. But we must improve that for a continues to move our surface trans- sightedness in making it possible for tougher competitive environment of portation policy forward. It responds to such a dispassionate, thoughtful con- tomorrow. the single most glaring failure of sideration of this important legisla- We are a mobile society here in the ISTEA by modernizing our outdated tion. United States, but our transportation Federal apportionment formulas. Mr. WARNER. Mr. President, I thank challenges are growing as we face an Virginia and many other States have my distinguished colleague for helping aging surface transportation system. historically been ‘‘donor’’ States— draft the first blueprint of this exciting As we work to develop a national con- sending more into the Highway Trust challenge for America. sensus on transportation policy, I re- Fund that we receive in return. Mr. GRAHAM. The second historical main committed to a future that pro- This legislation addresses the needs point is consistent with what my friend vides for easier access for every com- of the ‘‘donor’’ States and also recog- from Virginia has just said, and that is munity to a modern, safer road system nizes the demands of our rural States we are at a new point of departure for designed for ever-increasing volumes of and small States with dense popu- our surface transportation system. We traffic. lations. could date the current era with adop- Responding to the congestion on our This bill is an honest, good-faith ef- tion of the Interstate Highway Act dur- Nation’s highways and the resulting fort to reduce the extremes in the fund- ing the administration of President Ei- lost productivity is a primary focus of ing formulas. It provides that all senhower. We have had a great na- the legislation we are introducing States should receive at least 95 per- tional objective over almost a half cen- today, such that all in America can cent of the funds their citizens pay into tury, to link America with the highest study it. And tomorrow, next year, we the highway trust fund by way of the standards of highway engineering, de- will begin work in response to the Federal gas tax. sign and construction and mainte- needs of our country. We are introducing this legislation nance. We have largely accomplished It is not too early to begin the dis- today, near the end of the 104th Con- the task that we set out for ourselves cussion, to ensure that the next gress, to stimulate discussion among in the 1950’s. multiyear surface transportation bill the States, local governments and var- Now the question is, what will this provides a system that: ious interested groups on how the Con- generation’s contribution be to Ameri- First, effectively moves people and gress should approach the reauthoriza- ca’s transportation for the first half of goods—that is more effectively; tion of ISTEA. the 21st century? The decisions that we Second, provides for the safety of the As chairman of the Subcommittee on will be making in 1997 will be an impor- traveling public, and this Senator and, Transportation and Infrastructure of tant step toward answering that ques- indeed, my colleague from Florida have the Environment and Public Works tion of what we shall do for the future always stood in the forefront for provi- Committee, the subcommittee will of America’s transportation. sions which add safety to our transpor- hold extensive hearings next year of I am pleased to cosponsor this impor- tation system; ISTEA reauthorization. tant legislation which has a number of Third, fosters a healthy economy; I pledge to work with all of my col- significant provisions. One of those Fourth, ensures a consistent level of leagues to craft a multiyear reauthor- provisions is the need for equity in the performance and service among the 50 ization bill that addresses the issues I funding of our highway system. In re- States and provides an equitable dis- have outlined. I welcome all comments port after report—and I bring to the tribution of highway trust funds that on the legislation I am introducing Senate’s attention just two of many. responds to the challenging demo- today as we share the common goal of One, a report in 1985, ‘‘Highway Fund- graphics in America. providing for an efficient transpor- ing, Federal Distribution Formulas These are our national priorities that tation system for the 21st century. Should Be Changed,’’ which was pro- must be met. I want to credit my distinguished duced prior to the 1991 act upon which The legislation Senator GRAHAM and colleague from Florida, because the we are currently distributing our Fed- I are introducing today is a sound ap- two of us, along with others, have eral highway funds, and then a second proach that meets these priorities. stood toe-to-toe on this floor trying to dated November of 1995, 4 years after September 27, 1996 CONGRESSIONAL RECORD — SENATE S11549 the adoption of the 1991 Highway Act, Over the past several years, the ac- cials available in the U.S. to facilitate which is entitled ‘‘Highway Funding tivities of rogue traders at banks and U.S. investigatory efforts, and to es- Alternatives for Distributing Highway securities firms have shaken world fi- crow funds in the U.S. to meet contin- Funds’’ in which it states that ‘‘the nancial markets. Last year, the $1.3 gent liabilities after the foreign bank formula process in the current law is billion in hidden losses from deriva- has left the U.S. cumbersome, yielding a largely pre- tives trading by Nicholas Leeson in Second, this bill would clarify the au- determined outcome and partially re- Singapore brought down the venerable thority of federal banking agencies to lies on outdated and irrelevant fac- Barings Bank in Great Britain. In Sep- remove convicted felons from the tors.’’ tember 1995—and much closer to banking industry. Under Section 8(g) of So, Mr. President, in spite of re- home—Federal bank regulators learned the Federal Deposit Insurance Act, the peated reports pointing out short- that Daiwa Bank’s New York branch Federal Reserve and other Federal comings in our past and current dis- had incurred losses of $1.1 billion from banking agencies may suspend and per- tribution laws, we still are subject to the unauthorized trading activities of manently bar from the banking indus- the criticism of being cumbersome, just one employee, Mr. Toshihide try persons convicted of certain felo- predetermined, and outdated and irrel- Iguchi, over a period of 10 years. nies. This amendment would make evant in our distribution facts. Mr. President, the Daiwa matter is clear that Federal banking agencies One of the important objectives of particularly troubling. Although Daiwa possess this authority with regard to this legislation that we introduced senior management learned of these persons who are not actually employed today is to bring greater rationality hidden trading losses of $1.1 billion in by a banking organization. and modernity into our distribution of July 1995, they concealed the losses Third, the Foreign Bank Enforce- highway funds while we also strive to from U.S. bank regulators for almost 2 ment Act would expand the current give greater flexibility to the States months. Even worse, Daiwa senior automatic bar on the employment of that have the responsibility for admin- management directed Mr. Iguchi to persons convicted of a crime involving istering these funds. continue his fraudulent transactions dishonesty, breach of trust, or money I am glad that we commenced the de- during July and August 1995 to avoid laundering. Under Section 19 of the bate today. I look forward to more detection of the losses. Federal Deposit Insurance Act, a per- than a year of opportunity to move In November 1995, Federal and State son convicted of such crimes may not this idea into a form that can come be- bank regulators took the stern, but en- work for an insured depository institu- fore the Senate and our colleagues in tirely appropriate step, of terminating tion without the approval of the Fed- the House for passage and to usher in a all of Daiwa Bank’s operations in the eral Deposit Insurance Corporation; it new postinterstate era for American United States. The bank also paid a does not expressly bar the future em- highway transportation. criminal fine of $340 million, and two of ployment of a convicted person by a By Mr. D’AMATO (for himself, its officials entered guilty pleas to bank holding company, an Edge or Mr. KERRY, Mr. FAIRCLOTH, Mr. criminal offenses. Agreement corporation, or a U.S. In the wake of the Daiwa scandal, I PRESSLER, and Mr. DODD): branch or agency of a foreign bank. For S. 2144. A bill to enhance the super- asked the Federal Reserve to conduct a instance, under the current Section 19, vision by Federal and State banking full inquiry into this matter and to ex- Mr. Iguchi, the senior Daiwa official agencies of foreign banks operating in amine our existing scheme for regulat- who caused the bank’s $1.1 billion trad- the United States, to limit participa- ing the U.S. activities of foreign banks. ing loss, would not automatically be tion in insured financial institutions The Banking Committee also held a barred from working for another U.S. by persons convicted of certain crimes, hearing in November 1995 on Daiwa and branch or agency of a foreign bank. and for other purposes; to the Commit- related matters at which Federal and This amendment would close this loop- tee on Banking, Housing, and Urban af- State bank regulators testified. hole. fairs. Mr. President, it is clear that we Fourth, this legislation would in- THE FOREIGN BANK ENFORCEMENT ACT OF 1996 must learn from the Daiwa scandal. crease the ability of the federal bank ∑ Mr. D’AMATO. Mr. President, today I Over the past year, the Banking Com- regulators to obtain from foreign bank introduce the Foreign Bank Enforce- mittee has worked with Federal and supervisors critical examination and ment Act of 1996. State regulators, including the Federal supervision-related information con- This legislation proposes a number of Reserve and the New York State Bank- cerning foreign banks operating in the important modifications to statutes ing Department, to identify any limita- U.S. Specifically, it would amend the governing the activities of foreign tions in the existing laws governing International Banking Act of 1978 to banks operating in the United States. the U.S. operations of foreign banks. provide explicitly that federal bank It reflects the recommendations of After reviewing the recommenda- regulators may keep confidential criti- Federal and State bank regulators. It tions of Federal and State bank regu- cal bank-examination information ob- will enhance the ability of U.S. regu- lators, I today introduce the Foreign tained from foreign supervisors. This lators to oversee the 275 foreign banks Bank Enforcement Act. This legisla- provision would not protect such infor- from 61 countries now operating in the tion would make the following five mation from disclosure to Congress or United States. changes to the statutory scheme now to the courts and is similar to a provi- The world’s financial system is in- governing the U.S. operations of for- sion in the securities laws that allows creasingly interconnected, and foreign eign banks. the SEC to maintain the confidential- banks operate in the United States to a First, it would clarify that the Fed- ity of information received from a for- greater degree than ever before. These eral Reserve possesses the statutory eign securities authority. banks now hold more than $1 trillion in authority to set conditions for the ter- Finally, this bill would authorize U.S. banking assets and make approxi- mination of a foreign bank’s activities Federal courts, upon a motion of a U.S. mately 30 percent of the amount of all in the United States. Under the Inter- Attorney, to issue orders authorizing loans to U.S. businesses. national Banking Act of 1978, the Fed- the disclosure of matters occurring be- The integrity of the U.S. financial eral Reserve may order the complete fore a grand jury to State bank regu- system is one of our most important termination of a foreign bank’s lators. Under current law, such disclo- national assets. This asset is threat- branches and agencies in the U.S. This sures may be made only to Federal ened whenever any bank—domestic or amendment would make explicit that bank regulators, and, as the Daiwa foreign—operating on our shores en- the Federal Reserve also may issue, on matter demonstrates, State bank regu- gages in misconduct or fraud. It is an involuntary basis, a termination lators play an important role in the su- therefore imperative that U.S. bank order that sets specific conditions on pervision of foreign banks operating in regulators possess all of the tools nec- the termination of a foreign bank’s the U.S. essary to supervise the U.S. operations U.S. activities. These conditions might Mr. President, we must not allow of foreign banks with the same care include requiring the terminated bank loopholes in existing law to erode the and attention as those of our domestic to maintain the records of its U.S. ac- confidence of the American people in banks. tivities in the U.S., to make its offi- the integrity of our financial system. S11550 CONGRESSIONAL RECORD — SENATE September 27, 1996 Congress must provide Federal and ‘‘(A) the foreign supervisor has, in good agencies may be held confidential. The pro- State bank regulators with all of the faith, determined and represented to such vision, by making such protection explicit in tools necessary to supervise fully the agency that public disclosure of the informa- the law, would encourage foreign bank super- U.S. operations of foreign banks. The tion would violate the laws applicable to visors to communicate more closely with that foreign supervisor; and their U.S. counterparts, thereby contribut- Foreign Bank Enforcement Act pro- ‘‘(B) the United States agency obtains such ing to better oversight of banks operating poses a number of narrow, but impor- information pursuant to— internationally. The provision parallels the tant, changes in existing law. It re- ‘‘(i) such procedure as the agency may au- authority already available to securities reg- flects the recommendations of the Fed- thorize for use in connection with the admin- ulators, and would not affect the ability of eral Reserve and other bank regu- istration or enforcement of the banking Congress or the courts to obtain such infor- lators. I urge the swift approval of this laws; or mation. important legislation. ‘‘(ii) a memorandum of understanding. SECTION 5. TERMINATION OF FOREIGN BANK ‘‘(2) TREATMENT UNDER TITLE 5.—For pur- OFFICES Mr. President, I ask unanimous con- poses of section 552 of title 5, United States sent that additional material be print- The International Banking Act of 1978 (12 Code, this subsection shall be considered to U.S.C. 3105(e)(1)) authorizes the Federal Re- ed in the RECORD. be a statute described in subsection (b)(3)(B) serve Board and the OCC to terminate a for- There being no objection, the mate- of such section 552. eign bank’s activities in the U.S. The Act is rial was ordered to be printed in the ‘‘(d) SAVINGS PROVISION.—Nothing in this unclear, however, about whether the termi- RECORD, as follows: section authorizes the Board, the Comptrol- nation order can require the foreign bank to ler, the Federal Deposit Insurance Corpora- S. 2144 take actions such as establishment of escrow tion, or the Office of Thrift Supervision to accounts for the payment of potential fines. Be it enacted by the Senate and House of Rep- withhold information from the Congress or Section 5 states explicitly that the regu- resentatives of the United States of America in to prevent such agency from complying with lators may include appropriate terms and Congress assembled, an order of a court of the United States in an conditions in their termination orders. SECTION 1. SHORT TITLE. action commenced by the United States or SECTION 6. GRAND JURY DISCLOSURE This Act may be cited as the ‘‘Foreign by such agency.’’. Under section 3322 of the U.S. Criminal Bank Enforcement Act of 1966’’. SEC. 5. TERMINATION OF FOREIGN BANK OF- Code, (18 U.S.C. 3322(b)) a federal court may FICES IN THE UNITED STATES. SEC. 2. UNAUTHORIZED PARTICIPATION BY CON- authorize disclosure to federal banking regu- VICTED PERSONS. Section 7(e) of the International Banking lators of grand jury information used by law Section 19 of the Federal Deposit Insurance Act of 1978 (12 U.S.C. 3105(e)) is amended by enforcement authorities investigating fed- Act (12 U.S.C. 1829) is amended— adding at the end the following new para- eral banking law violations. Section 6 ex- (1) in subsection (a), by striking ‘‘Corpora- graph: pands the scope of this provision to include tion’’ and inserting ‘‘appropriate Federal ‘‘(8) PROVISIONS OF A TERMINATION ORDER.— disclosure of such information to state bank banking authority’’; and An order issued by the Board under para- regulatory authorities.∑ (2) by adding at the end the following new graph (1) or by the Comptroller under section subsection: 4(i) may contain such terms and conditions By Mr. PELL (for himself and Mr. ‘‘(c) DEFINITION.—For purposes of this sec- as the Board or the Comptroller, as the case HATFIELD): tion— may be, deems appropriate to carry out this S. 2147. A bill to require the Sec- ‘‘(1) the term ‘appropriate Federal banking subsection.’’. retary of the Treasury to mint coins in authority’ means— SEC. 6. DISCLOSURE OF CERTAIN MATTERS OC- ‘‘(A) the Corporation, in the case of any in- CURRING BEFORE GRAND JURY. commemoration of the bicentennial of sured depository institution, except as spe- Section 3322(b) of title 18, United States the Library of Congress; to the Com- cifically provided in subparagraphs (B), (C), Code, is amended— mittee on Banking, Housing, and and (D), or in the case of any insured branch (1) in paragraph (1), by inserting ‘‘State or Urban Affairs. of a foreign bank; Federal’’ before ‘‘financial institution’’; and THE LIBRARY OF CONGRESS COMMEMORATIVE ‘‘(B) the Board of Governors of the Federal (2) in paragraph (2), by inserting ‘‘at any Mr. PELL. Mr. President, at the re- Reserve System, in the case of any bank time during or after the completion of the quest of the Library of Congress I am holding company and any subsidiary thereof investigation of the grand jury’’ before introducing, for myself and for the sen- (other than a bank), uninsured State branch ‘‘upon’’. or agency of foreign bank, or any organiza- ior Senator from Oregon [Mr. HAT- tion organized and operated under section SUMMARY OF THE FOREIGN BANK FIELD], the Library of Congress Com- 25A of the Federal Reserve Act or operating ENFORCEMENT ACT OF 1996 memorative Coin Act, in recognition of under section 25 of the Federal Reserve Act; SECTION 2. EMPLOYMENT PROHIBITION the 200th anniversary of the Library of ‘‘(C) the Comptroller of the Currency, in Section 19 of the Federal Deposit Insurance Congress, which will occur in the year the case of any Federal agency or uninsured Act (‘‘FDI Act’’), (12 U.S.C. 1829), prohibits 2000. Federal branch of a foreign bank; and anyone convicted of a criminal offense from Established in 1800, the Library of ‘‘(D) the Office of Thrift Supervision, in being employed by, or participating in the Congress is our Nation’s oldest na- the case of any savings and loan holding affairs of, an insured depository institution tional cultural institution and has be- company and any subsidiary thereof (other unless they receive the written consent of than a bank or a savings association) or any come the largest repository of recorded the FDIC. Section 19 covers only employees institution that is treated as an insured knowledge in the world. It stands as a of depository institutions and thus does not bank under section 8(b)(9); and symbol of the vital connection between currently prohibit the employment of con- ‘‘(2) the term ‘insured depository institu- knowledge and democracy. victed felons in a bank holding company, tion’ shall be deemed to include any institu- The Library of Congress Commemo- Edge or Agreement Corporation, or in a U.S. tion treated as an insured bank under para- branch or agency of a foreign bank. The Act rative Coin Act authorizes the Sec- graph (3), (4), or (5) of section 8(b) or as a sav- would expand the employment bar to these retary of the Treasury to issue, in year ings association under section 8(b)(9).’’. regulated entities and give authority for reg- 2000, 500,000 silver dollars and 500,000 SEC. 3. REMOVAL ACTIONS AGAINST PERSONS ulatory review to the federal regulator with half dollar coins commemorating the CONVICTED OF FELONIES. oversight over the affected institution. anniversary. The proceeds of the sale of Section 8(i)(3) of the Federal Deposit Insur- the coins will support not only the ob- ance Act (12 U.S.C. 1818(i)(3)) is amended— SECTION 3. REMOVAL ACTIONS (1) by inserting ‘‘, or any order pursuant to Banking regulators are empowered under servance of the bicentennial of the Li- subsection (g),’’ after ‘‘any notice’’; and Section 8(g) of the FDI Act (12 U.S.C. 1818(g)) brary’s creation, but also digitization (2) by inserting ‘‘or order’’ after ‘‘such no- to suspend or permanently prohibit a person projects that will share the resources tice’’. who is indicted or convicted of a felony from of the Library with the Nation’s SEC. 4. INTERNATIONAL COOPERATION. participating in the affairs of a regulated in- schools and libraries. stitution. Under 8(g), the regulatory order Section 15 of the International Banking James Madison said ‘‘Learned insti- must be made against an ‘‘institution-affili- Act of 1978 (12 U.S.C. 3109) is amended by add- tutions ought to be the favorite objects ated party.’’ The FDI Act clarifies that even ing at the end the following new subsections: when the person resigns or is terminated by of every free people. They throw the ‘‘(c) INFORMATION OBTAINED FROM FOREIGN the institution and is thus no-longer an ‘‘in- light over the public mind which is the SUPERVISORS.— stitution-affiliated party,’’ the regulators best security against crafty and dan- ‘‘(1) IN GENERAL.—Except as provided in may prohibit employment in regulated insti- gerous encroachments on the public subsection (d), the Board, the Comptroller, tutions. the Federal Deposit Insurance Corporation, liberty.’’ This bill commemorates the and the Office of Thrift Supervision shall not SECTION 4. INTERNATIONAL COOPERATION fact that the Library of Congress for be compelled to disclose information ob- Section 4 provides that communications two centuries has fulfilled James Madi- tained from a foreign supervisor if— from foreign supervisors to U.S. banking son’s hope by dispensing the light of September 27, 1996 CONGRESSIONAL RECORD — SENATE S11551 knowledge over the Congress, the Na- job coverage because they have lost 100 percent of the cost of the program. tion, and the world. their job. To qualify, an individual If a State chooses not to administer would have to be eligible for unemploy- the program, it is not required to do so. By Mr. KENNEDY (for himself ment insurance, would have to have The Kassebaum-Kennedy health in- and Mr. KERRY): had employer-sponsored coverage for 6 surance reform bill passed the Senate S. 2149. A bill to establish a program months before becoming unemployed, by a strong bipartisan vote of 98 to 0, to provide health insurance for workers and could not be eligible for employ- because it was clearly needed. This ad- changing jobs; to the Committee on ment-based coverage through a spouse ditional improvement is also needed— Labor and Human Resources. or domestic partner or for Medicaid or to help see that the promise of health THE TRANSITIONAL HEALTH INSURANCE Medicare. insurance portability is fulfilled in COVERAGE FOR WORKERS BETWEEN JOBS ACT In the month for which assistance is practice. Mr. KENNEDY. Mr. President, last provided, the family income would We have heard a great deal of talk month, President Clinton signed the have to be 240 percent of poverty or about family values in this campaign Kassebaum-Kennedy Health Insurance less—about $37,440 for a family of four. year. One of the most important ex- Reform Act. That legislation provides Assistance would be limited to 6 pressions of family values is to help portability of health insurance cov- months. The goal of this program is to families keep their health insurance erage. It said to American workers and help workers in transition between coverage when a breadwinner is be- tween jobs. For the millions of Amer- their families: you do not have to lose jobs—not to provide permanent cov- ican workers who worry that their your health insurance coverage be- erage. family will lose their health insurance cause you lose your job. The program will be administered That legislation is important. But for through the states. Typically, an eligi- if they lose they job, this bill can be a too many workers who lose their job, it ble individual will receive assistance in lifeline, and I look forward to its bipar- could be an empty promise if the cov- paying the cost of COBRA continuation tisan passage next year. Mr. KERRY. Mr. President, today erage is unaffordable. In fact, those be- coverage under current law. If the Senator KENNEDY and I are introducing tween jobs typically have great dif- worker is not eligible for COBRA, as- the Transitional Health Insurance Cov- ficulty paying the cost of insurance sistance will be available for any other policy that is not more generous than erage for Workers Between Jobs Act. coverage. In 1996, family coverage costs This bill would build on the recently an average of $6,900 a year, and individ- the Blue Cross-Blue Shield standard option plan available to Federal em- passed Kennedy-Kassebaum health bill ual coverage costs $2,600. by providing funding to States in order The legislation we are introducing ployees and Members of Congress. to finance up to 6 months of health today will help fill this gap. It is a There are a number of unanswered coverage for unemployed workers and modified version of President Clinton’s questions about the best way to struc- their families. proposal to provide temporary assist- ture the program, and I look forward to working with my colleagues in the The Kennedy-Kassebaum bill was an ance for workers to keep their coverage important step toward assuring port- between jobs. I commend the President next Congress, with the administra- tion, and outside experts to improve it ability of health insurance coverage. for offering this progressive, thought- before it is passed. But the underlying More than 20 million people will bene- ful program, and I commend my col- principle is clear. No family should fit from that legislation and the senior league, Senator JOHN KERRY, for his lose its health insurance coverage be- Senator from Massachusetts deserves leadership on this issue and his impor- cause a breadwinner is in transition be- our thanks for his tireless efforts to tant contribution to the development tween jobs. achieve its passage. Unfortunately, of this legislation. The administration estimates that however, although more people are now This is a logical and needed step in the cost of the program will be approxi- allowed to purchase health care cov- health insurance reform. The needs of mately $2 billion a year over the next erage, many workers are still unable to the unemployed are especially great. 6 years, that approximately 3 million afford this coverage. Those workers Since 1936, we have provided a tem- workers and their families will be who have been laid off are most likely porary program of income maintenance helped to maintain their coverage not to be able to obtain coverage. to workers who lose their jobs. Because every year. The bill we are introducing today of the high cost of health care, tem- The program can be paid for largely would help temporarily unemployed porary assistance for health insurance by closing two of the most notorious workers to afford health coverage for during periods of unemployment is es- corporate tax loopholes—the title pas- themselves and their families. It would sential for American workers in 1996. sage loophole and the runaway plant do so by providing Federal assistance Unemployment insurance alone is no loophole. The first loophole involves to pay the premium for health insur- longer sufficient. bookkeeping transactions under which ance. A worker would be eligible who Temporary health insurance assist- multinational corporations artificially had employer-based coverage in his or ance is especially critical as we face shift income to overseas operations to her prior job, is receiving unemploy- the economic changes associated with avoid U.S. taxes. The second loophole ment benefits, and has income below the new global economy and changing allows corporations to move jobs certain levels. Families would have to corporate behavior. Corporations used abroad, accrue large in foreign bank earn no more than $37,440 for a family to reduce their work forces only when accounts, and avoid U.S. taxes. Closing of four to qualify for the subsidy. Peo- they were in trouble. But now, no these loopholes to help unemployed ple who are eligible for Medicaid or worker can count on job security, since workers keep their health insurance Medicare would not be able to receive the trend is for profitable companies to coverage is an appropriate use of the this subsidy. Funds would be allocated lay off good workers to become even revenue. to States based on the proportion of more profitable. Experts estimate that This program is a modest attempt to unemployed persons in the State who the average worker entering the work help American workers cope with the collected unemployment insurance [UI] force today will change jobs seven to disclosures of modern industrial life benefits relative to all persons in the nine times in a typical career. Some of and the new global economy. But it is Nation who collected UI benefits. these workers will choose to change also important to understand what it This bill is necessary because, in the jobs, but others will be forced to. The does not do: real world, workers between jobs still Department of Labor estimates that in It does not add to the deficit. The face mortgage or rent payments, util- 1996 alone, 8.5 million workers will col- program will be fully financed. In ity bills, and other expenses necessary lect unemployment insurance for some President Clinton’s budget, it was paid to support themselves and their fami- period of time. for within his balanced budget plan. lies in addition to health insurance The legislation we are proposing It does not impose additional burdens costs. Many lack a source of income today will provide financial assistance on employers or create an employer and have exhausted family savings and to help maintain health insurance cov- mandate. other resources during the period of erage for workers and their families It is not an unfunded mandate on the unemployment. And unemployment in- who are no longer eligible for on-the- States. The Federal Government pays surance in most states barely pays S11552 CONGRESSIONAL RECORD — SENATE September 27, 1996 enough to cover rent and food—the av- other State? It was clear that this ac- There was no consultation with the erage monthly UI benefit was only $692 tion was not welcome in Utah. There Governor, no consultation with the in 1993. In today’s increasingly turbu- would have been many school children congressional delegation, no outreach lent economy, a secure job is difficult to protest that action. effort to the citizens, no interactive to find. This year in Massachusetts, for The legislation I introduce with my process with the public land users, and example, such major corporations as colleagues is called the Public Lands no consideration of any of the benefits Digital, Raytheon, and Fleet Bank Protection Act of 1996. It provides that of the lands that have now been taken have laid off hundreds of workers. And no extension or establishment of a na- out of productive multiple use. over the last few years, most of the tional monument can be undertaken The President didn’t want the demo- major hospitals in my State have sig- pursuant to the Antiquities Act with- cratic process, or the hearing process nificantly downsized their work force. out full compliance with the National to go forward. It would have gone into This bill will help workers as they Environmental Policy Act, NEPA, and the 105th Congress. We would have re- move to new jobs. the Endangered Species Act, and an af- solved it. I want to squarely address the issue firmative act of Congress. I dare say, President Clinton’s action of the cost of this program. The admin- Yet, by invoking the Antiquities Act, is probably the most arrogant, hypo- istration has estimated the annual cost the President chose to ignore NEPA, critical, and blatantly political exer- to be approximately $2 billion. But I ignore the Endangered Species Act, and cise of Federal power affecting public want to make clear that we are com- take action almost as though it were lands ever, and the media seems to mitted to fully offsetting the cost with simply a Presidential mandate that have bought it. President Clinton’s and other budget components. I am heart- was necessary. Some of us might sug- Interior Secretary Bruce Babbitt’s war ened that President Clinton was able to gest it was political expediency sug- on the West, in this unprecedented ac- support establishing such a program in gested by some of the President’s ad- tion, has almost the feel of Pearl Har- the context of his fiscal year 1997 bal- visers that caused him to circumvent bor. The President chose the most po- anced budget request. Senator KEN- the process, the public process. litically expedient and least publicly NEDY has described two corporate loop- We have had some tough conversa- interactive route possible. The fact holes we propose to close. I look for- tions in the Congress. The California that he announced his decision, as I ward to working with the administra- Desert Wilderness was an example, of stated, in Arizona speaks for itself. tion and my colleagues to identifying a contested legislation and contested My bill and that of my colleagues budget offset that is acceptable to my hearings. But the process went for- would bring an end to the use of this colleagues for this important program. ward. We got the job done. This action old law to abuse Federal power and As Senator KENNEDY said, this plan taken in Utah last week defies logic, trample on States’ rights. It is not will not add to the deficit, does not im- defies principle, and defies all sem- needed anymore. We have the demo- pose additional burdens on employers, blance of courtesy. In effect, the Presi- cratic process, we have NEPA, we have and is not an unfunded mandate on dent declared himself to be above the the Endangered Species Act, and we States. I look forward to working with law by unilaterally declaring that the have the checks and balances so that a the administration and my colleagues action he took, which unquestionably Presidential land grab is not in order. to refine this bill and to pass it in the is a ‘‘major Federal action’’ within the Our bill is very straightforward. It 105th Congress. meaning of NEPA, did not require an provides that no extension or establish- By Mr. MURKOWSKI (for himself, Mr. analysis to determine its impact on the ment of a national monument can be CRAIG, Mr. HATCH, Mr. BENNETT, Mr. CAMP- environment. By specifically using the undertaken pursuant to the Antiq- BELL, Mr. BURNS, Mr. NICKLES, and Mr. STE- authority of the Antiquities Act, a uities Act without full compliance with VENS): statute enacted in 1906 to enable Presi- NEPA, full compliance with the Endan- S. 2150. A bill to prohibit extension or dent Theodore Roosevelt to take action gered Species Act and an expressed act establishment of any national monu- to protect unique features of our public of Congress. What is wrong with that? ment on public land without full com- land, the President conveniently That is the process. That is the demo- pliance with the National Environ- sidestepped NEPA and the requirement cratic way. mental Policy Act and the Endangered to consider the environmental con- This bill, when passed, would mean Species Act, and an express Act of Con- sequences of his action. that there will be a public process and gress, and for other purposes; to the We know President Clinton is no a deliberate, thoughtful analysis of the Committee on Energy and Natural Re- President Theodore Roosevelt. Theo- environmental consequences of the sources. dore Roosevelt allowed a tremendous proposed action. There will also be con- THE PUBLIC LANDS PROTECTION ACT OF 1996 public dialog to take place before he sultation under the Endangered Spe- Mr. MURKOWSKI. Mr. President, I invoked the Antiquities Act. President cies Act among the affected agencies rise today to introduce legislation for Carter invoked the Antiquities Act in on the potential effects on threatened myself, Senator CRAIG, Senator HATCH, my State in a massive land with- and endangered species and their habi- Senator BENNETT, Senator GRAMS, Sen- drawal. But there was a long process. tat. ator NICKLES, Senator CAMPBELL, Sen- We didn’t like it, but we participated. More important, Mr. President, by ator BURNS, and Senator STEVENS to The people of Utah simply had the na- requiring an act of Congress before a protect public lands from the type of tional monument dictated to them. monument can be extended or estab- assault visited upon the people of Utah Further, by creating a national lished, the American people, the af- last week, when our President created monument in the manner the President fected citizenry of the State involved, a new national monument containing chose, he circumvented the Endangered and interested public land users will 1.7 million acres. That was done with- Species Act, a law that the elite envi- have an opportunity to voice their out a process, without a process involv- ronmental lobbyists invoke at every opinions during the process. ing public hearings, without a process turn to strike fear in the hearts of the This can occur during the NEPA involving notification of the Utah dele- American people that public land use process, during the endangered species gation, and without courtesies ex- for timber harvesting, oil and gas de- consultation process and during legis- tended in advance so the delegation velopment, livestock grazing, and min- lative consideration of the act to ex- could be responsive to the particular ing is causing irreversible and intoler- tend or establish a national monument. delineations of the area suggested. able damage to threatened and endan- No secret decision by the President’s I think it is further important to gered species and their habitat and handlers and spin doctors and no cam- point out the announcement of the that such use of the public domain paign ploys, such as we have seen with President’s action was not made in the should be eliminated altogether. the Utah monument. State of Utah but in the State of Ari- Finally, Mr. President, the Clinton President Clinton’s action in Utah ig- zona. The withdrawal of land, 1.7 mil- administration kept the decision con- nored public sentiment. It ignored the lion acres, was in the State of Utah. cerning the national monument wishes of the citizens of Utah, of the One could curiously ask, for a Presi- cloaked in secrecy until it was sprung public land users, of those who hold dential proclamation, why go to an- on the citizens of Utah by surprise. valid existing property rights and September 27, 1996 CONGRESSIONAL RECORD — SENATE S11553 those who care deeply—deeply—about up in what happens on the public lands expressly provided, whenever in this Act an environmental stewardship. As our in our States. amendment is expressed in terms of an committee process continued, had it In the West, where public lands domi- amendment to a section or other provision, been allowed to continue, areas would nate the landscape, issues such as graz- the reference shall be considered to be made to a section or other provision of title 38, have been identified and put into wil- ing, timber harvesting, water use, have United States Code. all come under attack by an adminis- derness that were agreed upon by the SECTION 1. SHORT TITLE. State of Utah, the Governor, the legis- tration seemingly bent upon kowtow- This Act may be cited as the ‘‘Department lature and the congressional delega- ing to a segment of our population that Of Veterans Affairs Employment Reduction tion. wants other uses off our public lands. Assistance Act of 1996.’’ My bill would restore the public’s But in addition to those in the West, SEC. 2. DEFINITIONS. voice in these matters and give mean- everyone wants the process to be open For the purpose of this Act— ing to the concept of public participa- and inclusive. No one wants the Presi- (1) ‘‘Department’’ means the Department tion. dent, acting alone, to unilaterally lock of Veterans Affairs. Mr. President, I urge my colleagues up enormous parts of any State. That (2) ‘‘employee’’ means an employee (as de- to join me in supporting this bill. I ask is not what Idahoans, or Utah natives fined by section 2105 of title 5, United States Code) who— unanimous consent that the RECORD be or others. We certainly don’t work that (A) is employed by the Department of Vet- left open until the end of the session to way in the West. There is a recognition erans Affairs; allow additional sponsors to join me on that with common sense, a balance can (B) is serving under an appointment with- this measure. be struck that allows jobs to grow and out time limitation; and The PRESIDING OFFICER. Without families to put down roots while at the (C) has been currently employed for a con- objection, it is so ordered. same time protecting America’s great tinuous period of at least 12 months; but does Mr. CRAIG. Mr. President, I rise natural resources. not include— today in support of a bill being intro- (i) a reemployed annuitant under sub- In my view, the President’s actions chapter III of chapter 83 or chapter 84 of title duced that has been forced by recent are beyond the pale and for that rea- 5, United States Code, or another retirement events. I’m talking about President son—to protect others from suffering a system for employees of the Federal Govern- Clinton’s proclamation unilaterally de- similar fate, I am cosponsoring this ment; claring nearly two million acres of bill. (ii) an employee having a disability on the southern Utah a National Monument. Thank you and I yield the floor. basis of which such employee is eligible for After the President’s announcement, disability retirement under the applicable Senator KEMPTHORNE and I introduced By Mr. SIMPSON (by request): retirement system referred to in clause (i); the Idaho Protection Act. The bill S. 2151. A bill to provide a temporary (iii) an employee who is in receipt of a spe- authority for the use of voluntary sep- cific notice of involuntary separation for would require that the public and the misconduct or performance; Congress be included before a National aration incentives by Department of (iv) an employee who has accepted a final Monument could be established in Veterans Affairs offices that are reduc- offer of a voluntary separation incentive Idaho. ing employment levels, and for other payment, payable upon completion of an ad- When we introduced that bill, I was purposes; to the Committee on Veter- ditional period of service as referred to in immediately approached by other Sen- ans’ Affairs. section 3(b)(2)(B)(ii) of the Federal ators seeking the same protection. THE DEPARTMENT OF VETERANS AFFAIRS EM- Workforce Restructuring Act of 1994 (Public Law 103–226; 108 Stat. 111); What we see unfolding before us in PLOYMENT REDUCTION ASSISTANCE ACT OF 1996 (v) an employee who previously has re- Utah ought to frighten all of us. With- ceived any voluntary separation incentive out including Utah’s Governor, Sen- Mr. SIMPSON. Mr. President, as payment by the Federal Government under ators, congressional delegation, the chairman of the Veterans’ Affairs Com- this Act or any other authority and has not state legislature, county commis- mittee, I have today introduced, at the repaid such payment; or sioners, or the people of Utah—Presi- request of the Secretary of Veterans (vi) an employee covered by statutory re- dent Clinton set off limits forever ap- Affairs, S. 2151, the ‘‘Department of employment rights who is on transfer to an- proximately 1.7 million acres of Utah. Veterans Affairs Employment Reduc- other organization. Under the 1906 Antiquities Act, Presi- tion Assistance Act of 1996’’ relating to (3) ‘‘Secretary’’ means the Secretary of Veterans Affairs. dent Clinton has the authority to cre- the Department of Veterans Affairs’ ate a National Monument where none authority to offer separation incen- SEC. 3. DEPARTMENT PLANS; APPROVAL. tives to achieve reductions in employ- (a) If the Secretary determines that, in existed before. And if he can do it in order to improve the efficiency of operations the State of Utah, he can do it in ment levels. The Secretary of Veterans or to meet actual or anticipated levels of Idaho, or Montana, or California. In Affairs submitted this legislation to budgetary or staffing resources, the number fact, since 1906, the law has been used the President of the Senate by letter of employees employed by the Department some 66 times to set lands aside. dated September 11, 1996. must be reduced, the Secretary may submit Just as 64 percent of the land in Utah My introduction of this measure is in a plan to the Director of the Office of Man- is owned by the Federal Government, keeping with the policy which I have agement and Budget to pay voluntary sepa- 62 percent of Idaho is also owned by adopted of generally introducing—so ration incentives under this Act to employ- Uncle Sam. Even New Hampshire, on that there will be specific bills to ees of the Department who agree to separate from the Department by retirement or res- the East Coast, has 14 percent of its which my colleagues and others may ignation. The plan shall specify the planned land owned by the Federal Govern- direct their attention and comments— employment reductions and the manner in ment. What the President has done in all administration-proposed draft legis- which such reductions will improve operat- Utah, without public input, he could lation referred to the Veterans’ Affairs ing efficiency or meet actual or anticipated also do in Idaho or any of the States Committee. Thus, I reserve the right to levels of budget or staffing resources. The where the Federal Government has a support or oppose the provisions of, as plan shall include a proposed period of time presence. well as any amendment to, this legisla- for the payment of voluntary separation in- The bill that is being introduced tion. centives by the Department and a proposed coverage for offers of incentives to Depart- would simply require that the public Mr. President, I ask unanimous con- ment employees, targeting positions in ac- and the Congress be fully involved and sent that the text of the bill be printed cordance with the Department’s strategic give approval before such a unilateral in the RECORD, together with the trans- alignment plan and downsizing initiatives. administrative act could take effect on mittal letter and the enclosed analysis The proposed coverage may be based on— our public lands. of the draft legislation. (1) any component of the Department; Unfortunately, for the people of There being no objection, the mate- (2) any occupation, occupation level or Utah, what the President has done rial was ordered to be printed in the type of position; (3) any geographic location; or there, should be a wake up call to peo- RECORD, as follows: (4) any appropriate combination of the fac- ple across America. While we all want S. 2151 tors in paragraphs (1), (2), and (3). to preserve what is best in our States, Be it enacted by the Senate and House of Rep- (b) The Director of the Office of Manage- people everywhere understand that resentatives of the United States of America in ment and Budget shall approve or disapprove much of their economic future is tied Congress assembled, That except as otherwise each plan submitted under subsection (a), S11554 CONGRESSIONAL RECORD — SENATE September 27, 1996 and may make appropriate modifications to include employment that is without com- (B) the title and grade or pay level of the the plan with respect to the time period in pensation; and position filled by each employee to whom which voluntary separation incentives may (2) includes employment under a personal the waiver applied. be paid or with respect to the coverage of in- services contract, as defined by the Director SEC. 9. VOLUNTARY PARTICIPATION IN REDUC- centives on the basis of the factors in sub- of the Office of Personnel Management. TIONS IN FORCE. section (a) (1) through (4). SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO Section 3502(f) of title 5, United States SEC. 4. VOLUNTARY SEPARATION INCENTIVE THE RETIREMENT FUND. Code, is amended— PAYMENTS. (a) In addition to any other payments (1) in paragraph (1), by inserting ‘‘, the (a) In order to receive a voluntary separa- which it is required to make under sub- Secretary of Veterans Affairs,’’ after ‘‘De- tion incentive payment, an employee must chapter III of chapter 83 or chapter 84 of title fense’’; separate from service with the Department 5, United States Code, the Department shall (2) in paragraph (3), by inserting ‘‘, the De- voluntarily (whether by retirement or res- remit to the Office of Personnel Management partment of Veterans Affairs,’’ after ‘‘De- ignation) during the period of time for which for deposit in the Treasury of the United fense’’; the payment of incentives has been author- States to the credit of the Civil Service Re- (3) by striking paragraph (4); and ized for the employee under the Department tirement and Disability Fund an amount (4) by redesignating paragraph (5) as para- plan under section 3. equal to 15 percent of the final basic pay of graph (4); and (b) A voluntary separation incentive pay- each employee of the Department who is cov- (5) by amending such paragraph (4), as so ment— ered under subchapter III of chapter 83 or redesignated, by striking ‘‘1996’’ and insert- (1) shall be paid in a lump sum at the time chapter 84 of title 5 to whom a voluntary ing ‘‘2000’’ in lieu thereof. of the employee’s separation: separation incentive has been paid under this SEC. 10. CONTINUED HEALTH INSURANCE COV- (2) shall be equal to the lesser of— Act. ERAGE. (A) an amount equal to the amount the (b) For the purpose of this section, the Section 8905a(d)(4) of title 5, United States employee would be entitled to receive under term ‘‘final basic pay’’, with respect to an Code, is amended— section 5595(c) of title 5, United States Code employee, means the total amount of basic (1) in subparagraph (A) by striking ‘‘in or (without adjustment for any previous pay- pay that would be payable for a year of serv- under the Department of Defense’’; ment made under that section), if the em- ice by that employee, computed using the (2) in subparagraph (B)— ployee were entitled to payment under that employee’s final rate of basic pay, and, if (A) by striking ‘‘1999’’ in clause (i) and (ii) section; if the employee were entitled to last serving on other than a full-time basis, and inserting ‘‘2000’’; and payment under that action; or with appropriate adjustment therefor. (B) by striking ‘‘2000’’ in clause (ii) and in- serting ‘‘2001’’; and (B) if the employee separates— SEC. 7. REDUCTION OF AGENCY EMPLOYMENT (3) in subparagraph (C) by inserting ‘‘by (i) during fiscal year 1996 or 1997, $25,000; LEVELS. the agency’’ after ‘‘identified’’. (ii) during fiscal year 1998, $20,000; (a) Total full-time equivalent employment (iii) during fiscal year 1999, $15,000; in the Department shall be reduced by one SEC. 11. REGULATIONS. (iv) during fiscal year 2000, $10,000; for each separation of an employee who re- The Director of the Office of Personnel (3) shall not be a basis for payment, and ceives a voluntary separation incentive pay- Management may prescribe any regulations shall not be included in the computation, of ment under this Act. The reduction will be necessary to administer the provisions of any other type of Government benefit, ex- calculated by comparing the Department’s this Act. cept that this paragraph shall not apply to full-time equivalent employment for the fis- SEC. 12. LIMITATION; SAVINGS CLAUSE. unemployment compensation funded in cal year in which the voluntary separation (a) No voluntary separation incentive whole or in part with Federal funds; payments are made with the actual full-time under this Act may be paid based on the sep- (4) shall not be taken into account in de- equivalent employment for the prior fiscal aration of an employee after September 30, termining the amount of severance pay to year. 2000; which an employee may be entitled under (b) The Office of Management and Budget (b) This Act supplements and does not su- section 5595 of title 5, United States Code, shall monitor the Department and take any persede other authority of the Secretary of based on any other separation; and action necessary to ensure that the require- Veterans Affairs. (5) shall be paid from the appropriations or ments of this section are met. funds available for payment of the basic pay (c) Subsection (a) of this section may be ANALYSIS OF DRAFT BILL of the employee. waived upon a determination by the Presi- The first section provides a title for the SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT dent that— bill, the ‘‘Department of Veterans Affairs WITH THE GOVERNMENT. (1) the existence of a state of war or other Employment Reduction Assistance Act of (a) An individual who has received a vol- national emergency so requires; or 1996.’’ untary separation incentive payment under (2) the existence of an extraordinary emer- Section 2 provide definitions of ‘‘Depart- this Act and accepts any employment with gency which threatens life, health, safety, ment’’, ‘‘employee’’, and ‘‘Secretary.’’ the Government of the United States within property, or the environment so requires. Among the provisions, an employee who has 5 years after the date of the separation on SEC. 8. REPORTS. received any previous voluntary separation which the payment is based shall be required (a) The Department, for each applicable incentive from the Federal Government and to repay, prior to the individual’s first day of quarter of each fiscal year and not later than has not repaid the incentive is excluded from employment, the entire amount of the incen- 30 days after the date of such quarter, shall any incentives under this Act. tive payment to the Department. submit to the Office of Personnel Manage- Section 3 provides that, when the VA Sec- (b)(1) If the employment under subsection ment a report stating— retary determines that employment in the (a) is with an Executive agency (as defined (1) the number of employees who receive agency must be reduced in order to improve by section 105 of title 5, United States Code), voluntary separation incentives for each operating efficiency or meet anticipated the United States Postal Service, or the type of separation involved; budget or staffing levels, the Secretary may Postal Rate Commission, the Director of the (2) the average amount of the incentives submit a plan to the Director of the Office of Office of personnel Management may, at the paid; Management and Budget for payment of vol- request of the head of the agency, waive the (3) the average grade or pay level of the untary separation incentives to Department repayment if the individual involved pos- employees who received incentives; and employees. The plan must specify the man- sesses unique abilities and is the only quali- (4) such other information as the Office ner in which the planned employment reduc- fied applicant available for the position. may require. tions will improve efficiency or meet budget (2) If the employment under subsection (a) (b) No later than March 31st of each fiscal or staffing levels. The plan must also include is with an entity in the legislative branch, year, the Office of Personnel Management a proposed time period for payment of sepa- the head of the entity or the appointing offi- shall submit to the Committee on Govern- ration incentives, and a proposed coverage cial may waive the repayment if the individ- mental Affairs of the Senate and the Com- for offers of incentives to Department em- ual involved possesses unique abilities and is mittee on Government Reform and Oversight ployees, targeting positions in accordance the only qualified applicant available for the of the House of Representatives a report with VA’s strategic alignment plan. Cov- position. which, with respect to the preceding fiscal erage may be on the basis of any component (3) If the employment under subsection (a) year, shall include— of the Department, any occupation or levels is with the judicial branch, the Director of (1) the number of employees who received of an occupation, any geographic location, or the Administrative Office of the United voluntary separation incentives; any appropriate combination of these fac- States Courts may waive the repayment if (2) the average amount of such incentives; tors. The Director of the Office of Manage- the individual involved possesses unique (3) the average grade or pay level of the ment and Budget shall approve or disapprove abilities and is the only qualified applicant employees who received incentives; and each plan submitted, and may modify the available for the position. (4) the number of waivers made under sec- plan with respect to the time period for in- (c) For the purpose of this section, the tion 5 of this Act in the repayment of vol- centives or the coverage of incentive offers. term ‘‘employment’’— untary separation incentives, and for each Section 4 provides that in order to receive (1) includes employment of any length or such waiver— a voluntary separation incentive, an em- under any type of appointment, but does not (A) the reasons for the waiver; and ployee covered by an offer of incentives must September 27, 1996 CONGRESSIONAL RECORD — SENATE S11555 separate from service with the agency fiscal year. The report must show the num- This proposal would provide an overall sys- (whether by retirement or resignation) with- ber of employees who received incentives, tem for the limited use of voluntary separa- in the time period specified in the agency’s the average amount of the incentives, and tion incentives by VA. When the Secretary plan as approved. For an employee who sepa- the average grade or pay level of the employ- determines that employment in particular rates, the voluntary separation incentive is ees who received incentives. The report must organizations must be reduced in order to an amount equal to the lesser of the amount also include the number of waivers made meet restructuring goals, the Secretary may that the employee’s severance pay would be under the provisions of section 5 in the re- submit a plan to the Director of the Office of if the employee were entitled to severance payment of incentives upon subsequent em- Management and Budget for payment of vol- pay under section 5595 of title 5, United ployment with the Government, the reasons untary separation incentives to Department States Code (without adjustment for any for each waiver, and the title and grade or employees. The plan must specify how the previous severance pay), or whichever of the pay level of each employee to whom the planned employment reductions will improve following amounts is applicable based on the waiver applied. efficiency or meet budget or staffing levels. date of separation: $25,000 during fiscal year Section 9 amends section 3502(f) of title 5 The plan must also include a proposed time 1996 or 1997; $20,000 during fiscal year 1998; to authorize the Secretary to allow an em- period for payment of incentives, and a pro- $15,000 during fiscal year 1999; or $10,000 dur- ployee to volunteer for separation in a reduc- posed coverage for offers of incentives to ing fiscal year 2000. These reductions in in- tion-in-force when this will result in retain- agency employees on the needed organiza- centive amount for each year an employee ing an employee in a similar position who tional, occupational, or geographic basis, delays separation would encourage eligible would otherwise be released in the reduction- targeting positions in accordance with VA’s employees to take the incentive at an earlier in-force. Section 9 also changes section strategic alignment plan. The Director of the point. 3502(f)’s sunset date from 1996 to 2000. Office of Management and Budget would ap- Section 5 provides that any employee who Section 10 amends section 8905a(d)(4) to prove or disapprove each plan submitted, and receives a voluntary separation incentive provide that employees who are involuntar- would have authority to modify the time pe- under this Act and then accepts any employ- ily separated in a reduction in force, or who riod for incentives or coverage of incentive ment with the Government within 5 years voluntarily separate from a surplus position offers. We believe that these provisions for after separating must, prior to the first day that has been specifically identified for plan approval will ensure that separation in- of such employment, repay the entire elimination in the reduction in force, can centives are appropriately targeted within amount of the incentive to the agency that continue health benefits coverage for 18 the Department in view of the specific cuts paid the incentive. If the subsequent employ- months and be required to pay only the em- that are needed, and are offered on a timely ment is with the Executive branch, including ployee’s share of the premium. Section 10 basis. Although the Department’s full-time the United States Postal Service, the Direc- also extends section 8905a(d)(4) sunset provi- equivalent employment would be reduced by tor of the Office of Personnel Management sions. one for each employee of the Department may waive the repayment at the request of Section 11 provides that the Director of who receives an incentive, we believe that the agency head if the individual possesses OPM may prescribe any regulations nec- service to veterans will improve as a result unique abilities and is the only qualified ap- essary to administer the provisions of the of the reengineering that is happening simul- plicant available for the position. For subse- Act. taneously within the system. quent employment in the legislative branch, Section 12 provides that no voluntary sepa- The authority for separation incentives the head of the entity or the appointing offi- ration incentive under the Act may be paid would be in effect for the period starting cial may waive repayment on the same basis. based on the separation of an employee after with the enactment of this Act and ending If the subsequent employment is in the judi- September 30, 2000, and that the Act supple- September 30, 2000. The amount of an em- cial branch, the Director of the Administra- ments and does not supersede other author- ployee’s incentive would be the lesser of the tive Office of the United States Courts may ity of the Secretary. amount that the employee’s severance pay waive repayment on the same criteria. For would be, or whichever of the following the purpose of the repayment and waiver SECRETARY OF VETERANS AFFAIRS, amounts is applicable based on the year of provisions, employment includes employ- Washington, DC, September 11, 1996. separation in accordance with the agency ment under a personal services contract, as Hon. ALBERT GORE, Jr., plan; for employees who retire, $25,000 during defined by the Director of the Office of Per- President of the Senate, fiscal year 1996 or 1997, $20,000 during fiscal sonnel Management. Washington, DC. year 1998, $15,000 during fiscal year 1999, and Section 6 requires additional agency con- DEAR MR. PRESIDENT: We are submitting a $10,000 during fiscal year 2000. tributions to the Civil Service Retirement draft bill ‘‘Department of Veterans Affairs These reductions in the incentive amount and Disability Fund in amounts equal to 15 Employment Reduction Assistance Act of for each year an employee delays separation percent of the final basic pay of each em- 1996.’’ We request that it be referred to the would encourage employees to take the in- ployee of the Department who is covered by appropriate committee for prompt consider- centives during the first year of eligibility. the Civil Service Retirement System to ation and enactment. An employee who receives an incentive and whom a voluntary separation incentive is In the next several years, VA will undergo then accepts any employment with the Gov- paid under this Act. dramatic change. VA believes that separa- ernment within 5 years after separating Section 7 provides that full-time equiva- tion incentives can be an appropriate tool for must, prior to the first day of employment, lent employment (FTEE) in the Department those VA components that are redesigning repay the entire amount of the entire will be reduced by one for each separation of their employment mix when the use of incen- amount of the incentive. The repayment re- an employee who receives a voluntary sepa- tives is property related to the specific quirement could be waived only under very ration incentive under this Act, and directs changes that are needed within those compo- stringent circumstances of agency need. the Office of Management and Budget to nents and thus will reshape the agency for In order to further assist VA components take any action necessary to ensure compli- the future. They can also be an invaluable in making needed changes, the bill would au- ance. Reductions will be calculated by using tool for components that are restructuring thorize VA, under appropriate conditions, to the Department’s actual FTEE levels. For and reengineering, such as the Veterans allow an employee to volunteer for separa- example, if the Department’s FTEE usage in Health Administration and the Veterans tion in a reduction-in-force when this will FY 1996 is 1,050 FTEEs, and 50 FTEEs sepa- Benefits Administration, as they move to- prevent the involuntary separation of an em- rate during FY 1997 using voluntary separa- wards primary care and new methods of de- ployee in a similar position. In addition, in tion incentive payments provided under this livering services to veterans. Further, it is order to minimize the impact of reduction- Act, then the Department’s staffing levels at vital to provide for consistent administra- in-force actions on employees, the bill pro- the end of FY 1997 shall not exceed 1,000 tion of any incentive programs that prove vides that employees who are involuntarily FTEEs. The President may waive the reduc- necessary for different components, and to separated in reductions-in-force can con- tion in FTEE in the event of war or emer- appropriately limit the time period for any tinue their health insurance coverage for 18 gency. incentive offers. months while continuing to pay only the Section 8 requires the Department to re- This initiative is based on VA’s experience premium that would apply to a current em- port to the Office of Personnel Management with voluntary separation incentives under ployee. (OPM) on a quarterly basis: the number of the Federal Workforce Restructuring Act of This proposal would provide a very useful employees receiving incentive payments for 1994. The Restructuring Act provided Federal tool to assist in reorganizing VA and re- each type of separation; the average amount civilian agencies, including VA, with author- engineering services provided to veterans, of incentive payments; the average grade or ity to offer voluntary separation incentives quickly, effectively, and humanely. We also pay of employees receiving incentive pay- for a 1-year period that ended March 31, 1995. believe that it is a tool that will allow sig- ments; and other information OPM may re- VA generally used these incentives success- nificant cost savings. If the proposal is en- quire. This section also requires the Office of fully to help avoid involuntary separations acted, we will report, on an annual basis, Personnel Management to report by March and to achieve reductions in administrative cost savings associated with separation in- 31st of each year to the Senate Committee overhead and supervisory positions, and the centives as well as where such funds have on Governmental Affairs and the House Com- Restructuring Act provided a useful frame- been redirected to improve the provision of mittee on Government Reform and Oversight work for consistent administration of incen- services to veterans. concerning the Department’s use of vol- tive programs in many different VA compo- untary separation incentives in the previous nents. By Mr. SIMPSON (by request): S11556 CONGRESSIONAL RECORD — SENATE September 27, 1996 S. 2152. A bill to amend title 38, Unit- marital status, who was conceived after the provide vocational training under this sec- ed States Code, to provide benefits for date on which the veteran first entered the tion to a child of Vietnam veteran who is certain children of Vietnam veterans Republic of Vietnam during the Vietnam era. suffering from spina bifida if the Secretary ‘‘(2) The term ‘Vietnam veteran’ means a who are born with spina bifida, and for determines that the achievement of a voca- veteran who, during active military, naval, tional goal by such child is reasonably fea- other purposes; to the Committee on or air service, served in the Republic of Viet- sible. Veterans’ Affairs. nam during the Vietnam era. ‘‘(b)(1) If a child elects to pursue a program THE AGENT ORANGE BENEFITS ACT OF 1996 ‘‘(3) The term ‘spina bifida’ means all of vocational training under this section, the Mr. SIMPSON. Mr. President, as forms of spina bifida other than spina bifida program shall be designed in consultation occulta. chairman of the Veterans’ Affairs Com- with the child in order to meet the child’s in- ‘‘1803. Health care mittee, I have today introduced, at the dividual needs and shall be set forth in an in- ‘‘(a) In accordance with regulations the dividualized written plan of vocational reha- request of the Secretary of Veterans Secretary shall prescribe, the Secretary bilitation. Affairs, S. 2152, a bill to provide bene- shall provide such health care under this ‘‘(2)(A) Subject to subparagraph (B) of this fits for certain children of Vietnam chapter as the Secretary determines is need- paragraph, a vocational training program veterans who are born with spina ed to a child of a Vietnam veteran who is under this subsection shall consist of such bifida. The Secretary of Veterans Af- suffering from spina bifida, for any disability vocationally oriented services and assist- fairs submitted this legislation to the associated with such condition. ance, including such placement and post- ‘‘(b) The Secretary may provide health President of the Senate by letter dated placement services and personal and work care under this section directly or by con- adjustment training, as the Secretary deter- July 25, 1996. tract or other arrangement with a health My introduction of this measure is in mines are necessary to enable the child to care provider. prepare for and participate in vocational keeping with the policy which I have ‘‘(c) For the purposes of this section— training or employment. adopted of generally introducing—so ‘‘(1) The term ‘health care’ means home ‘‘(B) A vocational training program under that there will be specific bills to care, hospital care, nursing home care, out- this subsection— which my colleagues and others may patient care, preventive care, habilitative ‘‘(i) may not exceed 24 months unless, and rehabilitative care, case management, based on a determination by the Secretary direct their attention and comments— and respite care, and includes the training of all administration-proposed draft legis- that an extension is necessary in order for appropriate members of a child’s family or the child to achieve a vocational goal identi- lation referred to the Veterans’ Affairs household in the care of the child and provi- fied (before the end of the first 24 months of sion of such pharmaceuticals, supplies, Committee. Thus, I reserve the right to such program) in the written plan formu- equipment, devices, appliances, assistive support or oppose the provisions of, as lated for the child, the Secretary grants an technology, direct transportation costs to well as any amendment to, this legisla- extension for a period not to exceed 24 and from approved sources of health care au- tion. months; thorized under this section, and other mate- ‘‘(ii) may not include the provision of any Mr. President, I ask unanimous con- rials as the Secretary determines to be nec- loan or subsistence allowance or any auto- sent that the text of the bill be printed essary. in the RECORD, together with the trans- ‘‘(2) The term ‘health care provider’ in- mobile adaptive equipment; and ‘‘(iii) may include a program of education cludes, but is not limited to, specialized mittal letter of the draft legislation. at an institution of higher learning only in a spina bifida clinics, health-care plans, insur- There being no objection, the mate- case in which the Secretary determines that rial was ordered to be printed in the ers, organizations, institutions, or any other entity or individual who furnishes health the program involved is predominantly voca- RECORD, as follows: care services that the Secretary determines tional in content. ‘‘(c)(1) A child who is pursuing a program S. 2152 are covered under this section. Be it enacted by the Senate and House of Rep- ‘‘(3) The term ‘home care’ means out- of vocational training under this section who resentatives of the United States of America in patient care, habilitative and rehabilitative is also eligible for assistance under a pro- Congress assembled, care, preventive health services, and health- gram under chapter 35 of this title may not receive assistance under both of such pro- SECTION 1. REFERENCES TO TITLE 38, UNITED related services furnished to an individual in STATES CODE. the individual’s home or other place of resi- grams concurrently but shall elect (in such Except as otherwise expressly provided, dence. form and manner as the Secretary may pre- whenever in this Act an amendment or re- ‘‘(4) The term ‘hospital care’ means care scribe) under which program to receive as- peal is expressed in terms of an amendment and treatment for a disability furnished to sistance. to, or repeal of, a section or other provision, an individual who has been admitted to a ‘‘(2) The aggregate period for which a child the reference shall be considered to be made hospital as a patient. may receive assistance under this section to a section or other provision of title 38, ‘‘(5) The term ‘nursing home care’ means and chapter 35 of this title may not exceed 48 United States Code. care and treatment for a disability furnished months (or the part-time equivalent there- to an individual who has been admitted to a of). SECTION 2. BENEFITS FOR THE CHILDREN OF VIETNAM VETERANS WHO ARE BORN nursing home as a resident. ‘‘§ 1805. Monetary allowance ‘‘(6) The term ‘outpatient care’ means care WITH SPINA BIFIDA. ‘‘(a) The Secretary shall pay a monthly al- and treatment of a disability, and preventive (a) SHORT TITLE.—This section may lowance under this chapter to any child of a health services, furnished to an individual be cited as the ‘‘Agent Orange Benefits Vietnam veteran for disability resulting other than hospital care or nursing home from spina bifida suffered by such child. Act of 1996.’’ care. ‘‘(b) The amount of the allowance paid (b) Establishment of new chapter 18.—Part ‘‘(7) The term ‘preventive care’ means care under this section shall be based on the de- II is amended by inserting after chapter 17 and treatment furnished to prevent disabil- the following new chapter: ity or illness, including periodic examina- gree of disability suffered by a child as deter- ‘‘CHAPTER 18—BENEFITS FOR THE CHILDREN OF tions, immunizations, patient health edu- mined in accordance with such schedule for VIETNAM VETERANS WHO ARE BORN cation, and such other services as the Sec- rating disabilities resulting from spina bifida WITH SPINA BIFIDA. retary determines are necessary to provide as the Secretary may prescribe. The Sec- ‘‘Sec. effective and economical preventive health retary shall, in prescribing the rating sched- ‘‘1801. Purpose. care. ule for the purposes of this section, establish ‘‘1802. Definitions. ‘‘(8) The term ‘habilitative and rehabilita- three levels of disability upon which the ‘‘1803. Health care. tive care’ means such professional, counsel- amount of the allowance provided by this ‘‘1804. Vocational training. ing, and guidance services and treatment section shall be based. The allowance shall ‘‘1805. Monetary allowance. programs (other than vocational training be [$200] per month for the lowest level of ‘‘1801. Purpose under section 1804 of this title) as are nec- disability prescribed, [$700] per month for ‘‘The purpose of this chapter is to provide essary to develop, maintain, or restore, to * * *. for the special needs of certain children of the maximum extent, the functioning of a * * * * * Vietnam veterans who were born with the disabled person. (B) by striking out‘‘, aggravation,’’ both birth defect spina bifida, possibly as the re- ‘‘(9) the term ‘respite care’ means care fur- places it appears; and sult of the exposure of one or both parents to nished on an intermittent basis in a Depart- (C) by striking out ‘‘sentence’’ and sub- herbicides during active service in the Re- ment facility for a limited period to an indi- stituting in lieu thereof ‘‘subsection’’. public of Vietnam during the Vietnam era, vidual who resides primarily in a private res- (b) The amendments made by subsection through the provision of health care, voca- idence when such care will help the individ- (a) shall govern all administrative and judi- tional training, and monetary benefits. ual to continue residing in such private resi- cial determinations of eligibility for benefits ‘‘1802. Definitions dence.’’. under section 1511 of title 38, United States ‘‘For the purposes of this chapter— ‘‘§ 1804. Vocational training Code, made with respect to claims filed on or ‘‘(1) The term ‘child’ means a natural child ‘‘(a) Pursuant to such regulations as the after the date of enactment of this Act, in- of a Vietnam veteran, regardless of age or Secretary may prescribe, the Secretary may cluding those based on original applications September 27, 1996 CONGRESSIONAL RECORD — SENATE S11557 and applications seeking to reopen, revise, veterans themselves for which the Govern- that its enactment would be in accord with reconsider, or otherwise readjudicate on any ment has assumed responsibility. It seems the program of the President. basis claims for benefits under section 1151 of appropriate, therefore, and in the best inter- Sincerely yours, that title or predecessor provisions of law. ests of these children, that the same benefit JESSE BROWN. of the doubt as is required to be given Viet- f THE SECRETARY OF VETERANS AFFAIRS, nam veterans be given to their offspring, Washington, DC, July 25, 1996. whose birth defects may be a result of their ADDITIONAL COSPONSORS Hon. ALBERT GORE, Jr., father’s or mother’s service to this country. S. 1189 President of the Senate, Washington, DC. Historically, benefits for spouses and/or At the request of Mr. DEWINE, the DEAR MR. PRESIDENT: Transmitted here- children have been derivative, that is, based with is a draft bill ‘‘To amend title 38, Unit- on the death or disability of a veteran. The name of the Senator from Maine [Mr. ed States Code, to provide benefits for cer- benefits proposed in this draft bill would rep- COHEN] was added as a cosponsor of S. tain children of Vietnam veterans who are resent the first instance in which VA would 1189, a bill to provide procedures for born with spina bifida.’’ be authorized to provide benefits to a non- claims for compassionate payments On March 14, 1996, the Institute of Medi- veteran based on a possible relationship be- with regard to individuals with blood- cine (IOM) of the National Academy of tween that individual’s disability and a vet- clotting disorders, such as hemophilia, Sciences released a report which concluded eran’s service. While this is unprecedented, who contracted human immuno- that there is ‘‘limited/suggestive’’ evidence we believe it to be an appropriate extension deficiency virus due to contaminated of an association between exposure to herbi- of the principle of providing benefits for dis- cides and spina bifida, a neural tube birth de- abilities that are incurred or aggravated as a blood products. fect in which the bones of the spine fail to result of an individual’s service on active S. 1237 close over the spinal cord, often causing neu- duty in the Armed Forces of the United At the request of Mr. HATCH, the rological impairment.1 Based on this conclu- States. When sound medical judgment indi- name of the Senator from North Caro- sion, and consistent with the spirit of the cates a course of action, as it appears to in lina [Mr. HELMS] was added as a co- statutory standard governing decisions re- this case, we believe that it is not only rea- sponsor of S. 1237, a bill to amend cer- garding presumptions of service connection sonable, but responsible, to propose the en- tain provisions of law relating to child for disabilities associated with exposure to actment of appropriate legislative remedies. pornography, and for other purposes. herbicides during active military service in We believe Congress, in enacting the stand- the Republic of Vietnam, as established by ards for compensation found in Public Law S. 1628 Public Law 102–4, I have determined that a 102–4, intended that the benefit of the doubt At the request of Mr. BROWN, the positive association exists between exposure should be applied in making judgments re- name of the Senator from New Mexico of a parent to herbicides during such service garding the consequences surrounding the [Mr. DOMENICI] was added as a cospon- and the birth defect of spina bifida. use of herbicide agents and that benefits be sor of S. 1628, a bill to amend title 17, This determination was made based on a provided to individuals who have suffered in- United States Code, relating to the recommendation of a special task force I es- jury as a result thereof, a policy which tablished to review the IOM report. The task copyright interests of certain musical should have equal force in terms of providing performances, and for other purposes. force noted that certain studies of Vietnam benefits to the offspring of such individuals. veterans suggested an apparent increase in The primary benefit proposed in the draft S. 1734 the risk for spina bifida in their offspring. bill is associated comprehensive medical At the request of Mr. BRYAN, his These included studies conducted by the Cen- care, which could be provided directly by VA name was added as a cosponsor of S. ters for Disease Control and Prevention and, or by contract with non-VA providers. Sec- 1734, a bill to prohibit false statements more recently, a study of offspring of Air ond, because of the likelihood that individ- to Congress, to clarify congressional Force Ranch Hand personnel. Although not- uals who suffer from spina bifida will en- authority to obtain truthful testi- ing that scientific questions remain, the counter difficulties in pursuing vocational task force indicated that spina bifida does goals, we believe it is appropriate to assist mony, and for other purposes. appear to meet the statutory standards set them through the provision of vocational S. 1925 forth in Public Law 102–4.2 The task force training benefits. Finally, in recognition of At the request of Mr. GORTON, the noted that VA currently has no authority to other, special financial needs these children name of the Senator from Missouri establish presumptions of service connection are likely to have, we believe they should be [Mr. BOND] was added as a cosponsor of for diseases in the offspring of veterans, but provided with a monthly stipend to help de- S. 1925, a bill to amend the National concluded that, if such authority existed, it fray additional expenses associated with Labor Relations Act to protect em- their disabilities. The Secretary would be re- would recommend, at this time, that spina ployer rights, and for other purposes. bifida in the offspring of Vietnam veterans quired to base the amount of the stipend, or be treated in the same manner as prostate allowance, on each child’s level of disability, S. 2030 cancer and acute/subacute peripheral neu- in accordance with a special schedule estab- At the request of Mr. LOTT, the ropathy. Because VA currently has no au- lished for this purpose. Under the proposed names of the Senator from Tennessee thority to provide benefits to these offspring, framework, the Secretary would pay the al- [Mr. THOMPSON] and the Senator from enabling legislation is necessary. lowance based upon three levels of disability, Hawaii [Mr. INOUYE] were added as co- We recognize that the provisions of law resulting in monthly levels of $200 per month sponsors of S. 2030, a bill to establish for the lowest level of disability assigned, that govern and, in some instances, man- nationally uniform requirements re- date, the addition of new disabilities for $700 per month for the intermediate level of which a presumption of service connection is disability assigned, and $1,200 per month for garding the titling and registration of provided do not govern the present situation. the highest level of disability assigned. salvage, nonrepairable, and rebuilt ve- However, the level of association that we be- In addition, this proposal includes a provi- hicles, and for other purposes. lieve has been shown to exist is no less com- sion to offset costs associated with these new S. 2057 pelling for the conditions suffered by these benefits. This provision would effectively re- At the request of Mr. THURMOND, the children than for certain diseases in Vietnam verse the U.S. Supreme Court decision in name of the Senator from New York Gardner v. Brown which held that monthly VA disability compensation must be paid for [Mr. MOYNIHAN] was added as a cospon- 1 That report, Veterans and Agent Orange: Update sor of S. 2057, a bill to amend title 38, 1996, also concluded that ‘‘limited/suggestive’’ evi- any additional disability or death attrib- dence of an association exists between exposure to utable to VA medical treatment even if VA United States Code, to make perma- herbicides and cancer of the prostate and acute/ was not negligent in providing that care. A nent the authority of the Secretary of subacute peripheral neuropathy. Based on these con- detailed explanation of the justification for Veterans Affairs guarantee loans with clusions, I have determined, under statutory guide- this cost-saving measure appears in the tes- adjustable rate mortgages. lines set forth in section 1116(b)(3) of title 38, United timony of VA’s General Counsel before the S. 2104 States Code, that a ‘‘positive association’’ exists be- Senate Committee on Veterans’ Affairs on tween such exposure and the two conditions. Pursu- At the request of Mr. THURMOND, the June 8, 1995. ant to section 1116(b)(1), we intend to add such dis- name of the Senator from Oklahoma eases to the list of diseases for which a presumption This bill would affect direct spending and of service connection is established. therefore is subject to the pay-as-you-go pro- [Mr. NICKLES] was added as a cosponsor 2 The standard for determining whether a positive visions of the Omnibus Budget Reconcili- of S. 2104, a bill to amend chapter 71 of association exists with respect to herbicide exposure ation Act of 1990. Enactment of this legisla- title 5, United States Code, to prohibit and diseases in Vietnam veterans is set forth in 38 tion would increase direct spending by $5.5 the use of Federal funds for certain U.S.C. § 1116(b)(3), as added by Public Law 102–4, million in Fiscal Year 1997 and decrease di- which states, ‘‘An association between the occur- Federal employee labor organization rect spending by $291.5 million over a 5-year rence of a disease in humans and exposure to a her- activities, and for other purposes. bicide agent shall be considered to be positive for period. S. 2108 the purposes of this section if the credible evidence The Office of Management and Budget ad- for the association is equal to or outweighs the cred- vises that there is no objection to the sub- At the request of Mr. DORGAN, the ible evidence against the association.’’ mission of this proposal to the Congress and name of the Senator from Connecticut S11558 CONGRESSIONAL RECORD — SENATE September 27, 1996

[Mr. LIEBERMAN] was added as a co- the President with respect to the fraudulent Mr. President, the President’s recent sponsor of S. 2108, a bill to clarify Fed- transactions for which she was convicted, statements raise serious questions eral law with respect to assisted sui- and (2) the truthfulness of the testimony of about his intent to interfere with, and the President at her trial; cide, and for other purposes. Whereas in a televised interview broadcast possibly undermine, the Independent S. 2123 on September 23, 1996, the President stated Counsel’s ongoing investigation into At the request of Mr. BIDEN, his name that any request for a Presidential pardon these matters. was added as a cosponsor of S. 2123, a made by James or Susan McDougal or Jim Today, Senator BOND and I are sub- bill to require the calculation of Fed- Guy Tucker would be reviewed in the normal mitting a concurrent resolution that eral-aid highway apportionments and course, thereby leaving open the possibility would express the Sense of the Con- allocations for fiscal year 1997 to be de- that one or more pardons might indeed be is- gress that the President should dis- sued at some later date; termined so that States experience no avow any intent of issuing presidential Whereas any Presidential pardon of James pardons to James and Susan McDougal net effect from a credit to the Highway or Susan McDougal or Jim Guy Tucker Trust Fund made in correction of an would seriously undermine the confidence of and Jim Guy Tucker and reaffirm one accounting error made in fiscal year the American people in our criminal justice of the basic tenets of our American 1994, and for other purposes. system, by essentially nullifying felony con- system of justice that no one is above victions of friends and associates of the S. 2125 the law.∑ President rendered by a jury of 12 Arkansas f At the request of Mr. HELMS, his residents on charges initially brought by a name was added as a cosponsor of S. grand jury comprised of 23 other Arkansans; SENATE CONCURRENT RESOLU- 2125, a bill to provide a sentence of and TION 73—RELATIVE TO PROP- death for certain importations of sig- Whereas the September 23, 1996, remarks ERTY CLAIMS by the President could be construed by his nificant quantities of controlled sub- Mr. D’AMATO submitted the follow- stances. recently convicted friends and associates as offering them an inducement to refuse to ing concurrent resolution; which was SENATE RESOLUTION 233 testify honestly and openly about matters referred to the Committee on Foreign At the request of Ms. SNOWE, the under investigation by Federal law enforce- Relations: names of the Senator from New Mexico ment authorities: Now, therefore, be it S. CON. RES. 73 [Mr. BINGAMAN], the Senator from Mis- Resolved by the Senate (the House of Rep- Whereas Fascist and Communist dictator- sissippi [Mr. COCHRAN], the Senator resentatives concurring, That it is the sense of ships have caused immeasurable human suf- from Utah [Mr. HATCH], the Senator the Congress that the President should cat- fering and loss, degrading not only every from Vermont [Mr. JEFFORDS], the Sen- egorically disavow any intention of issuing a conceivable human right, but the human Presidential pardon to James or Susan ator from Vermont [Mr. LEAHY], the spirit itself; McDougal or Jim Guy Tucker, and thereby Senator from Illinois [Ms. MOSELEY- Whereas the villainy of communism was affirm the principle that, in the system of dedicated, in particular, to the organized, BRAUN], the Senator from Illinois [Mr. justice in the United States, no person is and systematic destruction of private prop- SIMON], and the Senator from Alaska above the law. erty ownership; [Mr. STEVENS] were added as cospon- ∑ Mr. SHELBY. Mr. President, I have Whereas the wrongful and illegal sors of Senate Resolution 233, a resolu- been very disturbed by the recent press confiscation of property perpetrated by Fas- tion to recognize and support the ef- reports detailing the President’s will- cist and Communist regimes was often spe- forts of the United States Soccer Fed- ingness to pardon Susan McDougal and cifically designed to victimize people be- cause of their religion, national or social ori- eration to bring the 1999 Women’s possibly other former business partners World Cup tournament to the United gin, or expressed opposition to the regimes and friends who have been convicted of which repressed them; States. defrauding the government. Whereas Fascists and Communists often SENATE RESOLUTION 295 The President’s public willingness to obtained possession of properties confiscated At the request of Mr. BIDEN, the suggest that a pardon may be forth- from the victims of the systems they ac- name of the Senator from Mississippi coming, at a time when Susan tively supported; Whereas Jewish individuals and commu- [Mr. COCHRAN] was added as a cospon- McDougal is facing contempt charges nities were often twice victimized, first by sor of Senate Resolution 295, a resolu- by a lawfully empaneled grand jury for the Nazis and their collaborators and then tion to designate October 18, 1996, as not responding to questions about the by the subsequent Communist regimes; ‘‘National Mammography Day.’’ role and truthfulness of the President Whereas churches, synagogues, mosques, f himself, undermines our judicial sys- and other religious properties were also de- tem and seriously questions his ability stroyed or confiscated as a means of break- SENATE CONCURRENT RESOLU- to fulfill his obligation to see that ‘‘the ing the spiritual devotion and allegiance of TION 72—RELATIVE TO PARDONS laws be faithfully executed.’’ religious adherents; Whereas Fascists, Nazis, and Communists Mr. SHELBY (for himself, Mr. BOND, As you will recall, Mr. President, have used foreign financial institutions to Mr. GRAMS, Mr. MURKOWSKI, Mr. Susan McDougal was convicted on sev- launder and hold wrongfully and illegally FAIRCLOTH, Mr. KYL, Mr. INHOFE, Mr. eral felony counts of defrauding the confiscated property and convert it to their SANTORUM, Mrs. FRAHM, Mr. THUR- government. She was tried and con- own personal use; MOND, Mr. HELMS, and Mr. BENNETT) victed by a jury of her peers in Little Whereas some foreign financial institu- submitted the following concurrent Rock, Arkansas and sentenced to 2 tions violated their fiduciary duty to their resolution; which was referred to the years in prison for her crimes. customers by converting to their own use fi- Committee on the Judiciary: While the President may not be nancial assets belonging to Holocaust vic- tims while denying heirs access to these as- S. CON. RES. 72 pleased with the results of Independent sets; Whereas it is incumbent upon the Congress Counsel Kenneth Starr’s, investigation, Whereas refugees from communism, in ad- to oppose any action that would have the ef- including the conviction of many of his dition to being wrongly stripped of their pri- fect of undermining the rule of law or the friends and former associates, it is out- vate property, were often forced to relin- faith of the American people in our jury sys- rageous for the President to now allege quish their citizenship in order to protect tem; prosecutorial misconduct on behalf of themselves and their families from reprisals Whereas on May 28, 1996, former business Mr. Starr. At the request of Attorney by the Communists who ruled their coun- partners of the President were convicted of a tries; total of 24 felony counts by a jury of 12 Ar- General Reno, a three judge panel ap- Whereas the participating states of the Or- kansas residents; pointed an Independent Counsel, Ken- ganization for Security and Cooperation in Whereas Susan McDougal and Jim Guy neth Starr, to investigate fully any Europe have agreed to give full recognition Tucker have been sentenced for their crimes violation of Federal law relating in any and protection to all types of property, in- by a Federal district judge in Little Rock, way to James B. McDouglal’s, Presi- cluding private property, as well as the right Arkansas, and their codefendant James dent William Jefferson Clinton’s or to prompt, just, and effective compensation McDougal is awaiting sentencing by the Mrs. Hillary Rodham Clinton’s rela- in the event private property is taken for same judge; public use; Whereas on September 4, 1996, Susan tionships with Madison Guaranty Sav- Whereas the countries of Central and East- McDougal was held in contempt of court for ings & Loan Association, Whitewater ern Europe, as well as the Caucasus and refusing to answer questions before a Federal Development Corporation, or Capital Central Asia, have entered a post-Com- grand jury relating to (1) the knowledge of Management Services, Inc. munist period of transition and democratic September 27, 1996 CONGRESSIONAL RECORD — SENATE S11559 development, and many countries have the assets of Holocaust victims that On page 9, following line 17, add the follow- begun the difficult and wrenching process of have been wrongfully held by Swiss— ing new section trying to right the past wrongs of previous and possibly other banks—for some five ‘‘SEC. 5. EXTENSION OF COMMENCEMENT OF totalitarian regimes; CONSTRUCTION DEADLINE CERTAIN Whereas restrictions which require those decades now. Those records must be opened, and the stolen assets returned HYDROELECTRIC PROJECTS LO- whose properties have been wrongly plun- CATED IN ILLINOIS. dered by Nazi or Communist regimes to re- to their rightful heirs. This concurrent side in or have the citizenship of the country resolution addresses that issue. ‘‘(A) PROJECT NUMBER 3943.— from which they now seek restitution or It also addresses the compelling situ- ‘‘(1) Notwithstanding the time limitations compensation are arbitrary and discrimina- ation of Holocaust survivors in Central of section 13 of the Federal Power Act, the tory in violation of international law; and Federal Energy Regulatory Commission, Whereas the rule of law and democratic and Eastern Europe. Many of these people, unlike their counterparts in upon the request of the licensee for project norms require that the activity of govern- number 3943 (and after reasonable notice), ments and their administrative agencies be Western Europe, were denied the may extend the time required for commence- exercised in accordance with the laws passed chance to receive any compensation for ment of construction of such project for not by their parliaments or legislatures and such their suffering or to receive the return more than 3 consecutive 2-year periods, in laws themselves must be consistent with of properties stolen by the Nazis when accordance with paragraphs (2) and (3). international human rights standards: Now, the iron curtain closed, leaving them therefore, be it ‘‘(2) An extension may be granted under Resolved by the House of Representatives (the at the mercy of new dictatorships. This paragraph (1) only in accordance with— Senate concurring), That the Congress— concurrent resolution recognizes the ‘‘(A) the good faith, due diligence, and pub- (1) welcomes the efforts of many post-Com- urgent need for Jewish communal prop- lic interest requirements contained in sec- munist countries to address the complex and erties to be restored to their rightful tion 13 of the Federal Power Act; and difficult question of the status of plundered owners, to help give these survivors the ‘‘(B) the procedures of the Federal Energy properties; means to live out their final days in (2) urges countries which have not already Regulatory Commission under such section. done so to return plundered properties to dignity. ‘‘(3) This subsection shall take effect for their rightful owners or, as an alternative, Finally, this concurrent resolution project number 3943 upon the expiration of pay compensation, in accordance with prin- speaks to the difficult and complex the extension of the period required for com- ciples of justice and in a manner that is just, process underway in many post-Com- mencement of construction of such project transparent, and fair; munist countries in Central and East- issued by the Federal Energy Regulatory (3) calls for the urgent return of property ern Europe and the former Soviet Commission under section 13 of the Federal formerly belonging to Jewish communities Power Act. as a means of redressing the particularly Union. Some countries have already ‘‘(b) PROJECT NUMBER 3944.— compelling problems of aging and destitute taken steps to return property or pro- survivors of the Holocaust; vide compensation for property ‘‘(1) Notwithstanding the time limitations (4) calls on the Czech Republic, Latvia, wrongly confiscated by Communist re- of section 13 of the Federal Power Act, the Lithuania, Romania, Slovakia and any other gimes. I commend those countries for Federal Energy Regulatory Commission, country with restrictions which require their efforts. upon the request of the licensee for FERC project number 3944 (and after reasonable no- those whose properties have been wrongly At the same time, I am deeply trou- plundered by Nazi or Communist regimes to tice), may extend the time required for com- reside in or have the citizenship of the coun- bled that some restitution or com- mencement of construction of such project try from which they now seek restitution or pensation laws have discriminated for not more than 3 consecutive 2-year peri- compensation to remove such restrictions against American citizens, people who ods, in accordance with paragraphs (2) and from their restitution or compensation laws; lost both their property and their citi- (3). (5) calls upon foreign financial institu- zenship when they sought refuge in ‘‘(2) An extension may be granted under tions, and the states having legal authority this country, fleeing Communist perse- paragraph (1) only in accordance with- over their operation, that possess wrongfully and illegally property confiscated from Holo- cution. To exclude these people from ‘‘(A) the good faith, due diligence, and pub- caust victims, from residents of former War- efforts to right past wrongs pours salt lic interest requirements contained in sec- saw Pact states who were forbidden by Com- on an open wound. I urge my col- tion 13 of the Federal Power Act; and munist law from obtaining restitution of leagues to join me in supporting this ‘‘(B) the procedures of the Commission such property, and from states that were oc- concurrent resolution, and in sending a under such section. cupied by Nazi, Fascist, or Communist message that these injustices must be ‘‘(3) This subsection shall take effect for forces, to assist and to cooperate fully with remedied before the passage of time project number 3944 upon the expiration of efforts to restore this property to its rightful carries the victims beyond our mortal the extension of the period required for com- owners; and mencement of construction of such project (6) urges post-Communist countries to pass abilities to offer them some rec- issued by the Commission under section 13 of and effectively implement laws that provide ompense for their suffering. the Federal Power Act. for restitution of, or compensation for, plun- While restoration of property owner- dered property. ship or compensation for its wrongful ‘‘SEC. 6. REFURBISHMENT AND CONTINUED OP- ∑ Mr. D’AMATO. Mr. President, I sub- confiscation can never right the ter- ERATION OF A HYDROELECTRIC FA- CILITY IN MONTANA mit a concurrent resolution which ad- rible wrongs done to the victims by dresses a number of distinct, but close- their Nazi, fascist, and communist op- ‘‘Notwithstanding section 10(e)(1) of the ly related, property issues. It follows pressors, it can go some way toward Federal Power Act or any other law requir- ing payment to the United States of an an- up on work already done by the Hel- balancing the scales. That is what this nual or other charge for the use, occupancy, sinki Commission, which held a hear- concurrent resolution is about and why and enjoyment of land by the holder of a li- ing on this subject on July 18, 1996. it deserves our support.∑ cense issued by the Federal Energy Regu- This same concurrent resolution is f latory Commission under Part I of the Fed- being submitted today in the House by eral Power Act, a political subdivision of the the Commission’s distinguished Chair- AMENDMENTS SUBMITTED State of Montana that accepts the terms and man, my good friend and colleague conditions of a license for Federal Energy from New Jersey, Congressman CHRIS Regulatory Commission project number 1473 in Granite County and Deer Lodge County, SMITH. It is cosponsored by the major- THE FEDERAL POWER ACT Montana— ity of the Commission. AMENDMENTS OF 1996 The substance of this concurrent res- ‘‘(a) shall not be required to pay any such olution has been discussed with the Ad- charge with respect to the 5-year period fol- ministration and parallels and supports MURKOWSKI AMENDMENT NO. 5412 lowing the date of acceptance; and the work being done by Under Sec- Mr. NICKLES (for Mr. MURKOWSKI) ‘‘(b) after that 5-year period and for so long retary of Commerce for International proposed an amendment to the bill (S. as the political subdivision holds the license, Trade Stuart E. Eizenstat, who also 737) to extend the deadlines applicable shall be required to pay such charges under section 10(e)(1) of the Federal Power Act or serves as the U.S. Department of State to certain hydroelectric projects, and any other law for the use, occupancy, and en- Special Envoy for Property Claims in for other purposes; as follows: joyment of the land covered by the license as Central and Eastern Europe. Beginning of page 2 line 1 through page 6 the Federal Energy Regulatory Commission I strongly believe that there must be line 6, strike section 2, 3, 4, 5 and 6, and re- or any other federal agency may assess, not a full, complete and final accounting of number subsequent section accordingly. to exceed a total of $20,000 for any year.’’. S11560 CONGRESSIONAL RECORD — SENATE September 27, 1996 ADDITIONAL STATEMENTS prospects for obtaining needed services Because of this fundamental unfair- in a timely and efficient manner. Gov- ness, and the egregious, short-sighted ernment clients will be able to obtain cuts in Amtrak funding, I voted INNOVATIVE CONTRACTING FOR the technology, services, and solutions against the Transportation Appropria- TECHNOLOGY AT THE NATIONAL they need under ITMRA via competi- tions conference report. INSTITUTES OF HEALTH tive task orders. Agencies will not have The legislation introduced by Sen- ∑ Mr. COHEN. Mr. President, this to bundle their requirements into large ator BAUCUS that I am cosponsoring morning I rise to commend the Na- contracts that take years to award and today, the Highway Funding Fairness tional Institutes of Health and its lead- often end in protest and litigation. Act of 1996, corrects the 1994 highway ership for changing the way the Gov- Under the new law, an agency can look fund credit mistake and gives the 28 af- ernment buys technology. to the growing number of multiple fected States their rightful allocations. Earlier this year, the Information award task order contracts or the GSA This 1994 accounting error skims the Technology Management Reform Act, schedule to fulfill information tech- surface of the issue, however. The root which I authored, became law. ITMRA nology requirements. Agency chief in- cause of the $8 million cut in funding fundamentally changes the rules gov- formation officers can then focus on to Delaware is the skewed allocation erning how the Government purchases the return on investment from infor- formula put in place by the 1991 Inter- and uses technology. It eliminated mation technology rather than on find- modal Surface Transportation Effi- overly bureaucratic and cumbersome ing ways to overcome obstacles in the ciency Act [ISTEA], which fails to ac- procedures that resulted in the Govern- Federal procurement system. curately reflect highway needs. This ment’s failure to get what it needed Mr. President, while this contract formula, particularly the so-called 90 and frustrated vendors who were un- must still prove itself, this effort rep- percent of payments guarantee, un- able to provide government with the resents a milestone in innovation. The fairly rewards selected States at the optimum solution. ITMRA sets the two Federal employees most respon- expense of smaller, less populated stage for Federal agencies to emulate sible for this innovation, Manny States, such as Delaware. successful organizations and break up DeVera and Gale Greenwald, deserve I intend to work hard next year dur- large computer projects into smaller our thanks and appreciation.∑ ing consideration of the ISTEA reau- more manageable segments—a strategy f thorization bill to correct this fun- that up to now had been hindered by a HIGHWAY FUNDING FAIRNESS ACT damental unfairness, and ensure that procurement system that encourages OF 1996 States, like Delaware, receive their large complex contracts. proper share of highway funds. Despite passage of this major reform, ∑ Mr. BIDEN. Mr. President, today I I hope my colleagues representing proudly join with the distinguished the Government must also overcome a the other 27 affected States will seri- ranking member of the Environment culture that arose from the antiquated ously consider cosponsoring the High- and Public Works Committee, Senator and cumbersome way of doing business. way Funding Fairness Act of 1996, and BAUCUS, to correct a serious account- While the full impact of this reform I commend and thank Senator BAUCUS ing error that will cost my home State may take a little time to be felt, some for all of his work. of Delaware millions of dollars in badly ∑ agencies have seized the opportunity to f become leaders in innovation consist- needed Federal highway assistance. Federal-aid highway funds are for the ent with the spirit and intent of the JOE MARK ELKOURI creation and maintenance of our Na- legislation. While I have witnessed re- ∑ Mr. INHOFE. Mr. President, I rise tion’s interstate highways—literally today to honor a great American and a cent innovations within the Depart- the lifelines of our economy. The east great Oklahoman, Joe Mark Elkouri, ment of Defense, General Services Ad- coast’s largest, most important inter- who passed from this earth September ministration and a number of other state, I–95, runs through the northern- 26, 1996. Joe Mark was born February agencies, one effort stands out as ex- most part of Delaware, carrying hun- 28, 1950, in Altus, OK, and was a re- emplifying the spirit behind ITMRA dreds of millions of tons of goods and spected long-time resident of Okla- and is particularly well developed products from Maine to Florida and be- homa City. based on the intent behind ITMRA. yond. Tens of thousands of Dela- An alumnus of Oklahoma State Uni- The chief information officers solu- wareans commute daily on I–95. tions and partners contract at the Na- In fact, the Delaware Department of versity, the Oklahoma City University tional Institutes of Health is an excel- Transportation is just now beginning a School of Law, and Southern Methodist lent example of how government, under massive, $73 million project to repave University Law School, where he spe- ITMRA, will be able to meet its tech- and resurface key parts of I–95. This cialized in tax law, Joe Mark utilized nology needs in a reasonable time undertaking is vitally important not his education to the betterment of so- frame and obtain optimum solutions. only to the people of Delaware, but to ciety. By comprehending the possibilities commuters and businesses across Joe Mark tirelessly involved himself presented by recently enacted procure- America. in civic causes such as the Red An- ment reform, NIH has provided a con- Yet, next fiscal year, Delaware—part- drews Christmas Dinner, Toys for Tots, tracting vehicle that will allow Federal ly because of a 1994 bureaucratic the Aids Support Program, and the agencies to buy goods and services in a snafu—is going to receive approxi- Winds House, an assisted living center manner that is competitive, easy to mately $8.2 million less than it re- in Oklahoma City. Throughout his life, use, fair and timely. ceived in 1996. That is an 11-percent Joe Mark gave of himself for the bene- Although the ultimate success of this cut. fit of countless others, endearing program will depend on NIH’s ability This will occur even though the Fed- friends and loved ones for life. to properly administer the task orders eral Government will spend a record He is survived by two loving daugh- it receives, the innovation dem- $18 billion on Federal highway assist- ters, Brie and Lee Elkouri of Oklahoma onstrated in the early phases of this ance—roughly $455 million more than City; two sisters, KoKo Sparks and procurement deserves special mention. the current year. family of Oklahoma City, and Sharon In particular, the leadership and hard During consideration of the Trans- Massad of California; his mother Doro- work of two NIH employees, Manny portation Appropriations bill this past thy Weinstein of Dallas, TX, and Jim DeVera and Gale Greenwald, deserve July, Senator BAUCUS successfully of- Roth of the home. special attention. fered an amendment that I supported Joe Mark served his community as a Both Mr. DeVera and Ms. Greenwald to correct this miscalculation and re- distinguished member of the State bar quickly recognized the potential of store the needed funding. Yet despite of Oklahoma and served as an Adminis- ITMRA and procurement reform, al- the strong vote in support, and the best trative Law Judge for numerous State lowing them to award a flexible con- efforts of Senator LAUTENBERG, con- agencies and as a Special Judge for the tract in record time. Both the Govern- ferees dropped the Baucus amendment, city of Oklahoma City. Joe Mark’s pro- ment customers and the vendor com- thus preserving the slip-up and cutting fessional accomplishments are many, munity are quite excited about the funding to 28 States. but he will be remembered most for his September 27, 1996 CONGRESSIONAL RECORD — SENATE S11561 tremendous good will, enormous heart, mulgate nationwide regulations, if nec- cation Housing Program. I intend to and joyful sense of humor. He will be essary, to ensure the safest feasible ensure that this be done in an orderly greatly missed by all who knew him pipeline public education system. fashion. I will introduce separate legis- and loved him. May He Rest In Peace.∑ The bill and these amendments, lation in the near future that will pro- f taken together, represent a consider- vide for a measured phase out of the able improvement over current prac- Navajo-Hopi Relocation Housing Pro- THE ACCOUNTABLE PIPELINE tices for accident prevention. I hope gram in 5 years. As an important first SAFETY AND PARTNERSHIP ACT they can be enacted this year, and pre- step, it is critical that the Congress OF 1996 vent another Edison accident.∑ pass legislation to settle the outstand- ∑ Mr. BRADLEY. Mr. President, I am f ing claims of the Hopi Tribe against pleased to support S. 1505, the Account- the United States. able Pipeline Safety and Partnership NAVAJO-HOPI LAND DISPUTE There are several important clari- Act of 1996. My interest in the pipeline SETTLEMENT ACT OF 1996 fications that have been made to the safety issue dates back to the explosion ∑ Mr. MCCAIN. Mr. President, I rise legislation as part of our committee’s and fire at Edison, NJ in 1994. In reac- today to urge my colleagues to support deliberation on the bill. S. 1973 has tion to that tragedy, which set fire to this important legislation which will been amended to make clear that the eight apartment houses and cost one resolve a longstanding dispute between Hopi Tribe has the authority to renew life, I introduced the Comprehensive the Hopi Tribe, the Navajo Nation and leases entered into under the settle- One-Call Notification Act, S. 164, co- the United States. This legislation ment for additional terms of 75 years. sponsored by Senators SPECTOR, LAU- marks the culmination of 4 years of The bill makes clear that the Hopi TENBERG and EXON. The purpose of that mediation efforts of the Ninth Circuit Tribe cannot place land into trust that bill was to improve state-wide notifica- Court of Appeals involving the Hopi is located within a 5 mile radius of an tion systems to protect natural gas and Tribe, the Navajo Nation, representa- incorporated town or city in northern hazardous liquid pipelines from being tives of the Navajo families residing on Arizona and that prior to placing lands damaged during excavations, the cause Hopi partitioned lands, and the U.S. into trust for the Hopi Tribe, the Sec- of the Edison accident. Department of Justice. S. 1973 provides retary shall certify that no more than In S. 1505, the Commerce Committee for the settlement of four claims of the 15 percent of the eligible Navajo house- has wisely chosen to strengthen State Hopi Tribe against the United States holds remain on the HPL without hav- one-call programs, and has provided and provides the necessary authority ing an accommodation agreement with new authorization for grants to States to the Hopi Tribe to issue 75-year lease the Hopi Tribe. These clarifications to establish one-call notification sys- agreements to Navajo families residing will help ensure that this settlement tems consistent with standards which on the Hopi partitioned land. This leg- will achieve a greater degree of final- assure at least a minimally acceptable islation will ratify the settlement and ity. level of protection from accidents. accommodation agreements made by Mr. President, I am also proposing These grants, which were also a feature the Department of Justice, the Hopi several amendments which further of S. 164, will assist States in develop- Tribe, the Navajo Nation, and the Nav- clarify provisions in the settlement ing the kinds of one-call systems need- ajo families residing on the Hopi parti- and its potential impacts on commu- ed to prevent future Edisons from hap- tioned lands. nities in northern Arizona. The first pening. The settlement marks an important amendment clarifies that the provi- While I would have preferred a first step in bringing this longstanding sions prohibiting the Secretary from stronger and more comprehensive set dispute between the Hopi Tribe, the taking lands into trust within 5 miles of requirements, the bill is an impor- Navajo Nation, and the United States of an incorporated town also apply to tant first step toward the goal of im- to an orderly and peaceful conclusion. cities in northern Arizona. The second plementing strong, comprehensive one- These agreements are the product of amendment adds a finding to the bill call systems nationwide. many, many hours of negotiation that recognizes that the Navajo Nation S. 1505 also includes new language under the auspices of the Ninth Circuit and the Navajo families did not partici- broadening public education programs Court of Appeals mediation process. pate in the settlement between the carried out by natural gas pipeline While I understand that there are fac- Hopi Tribe and the United States. The owners to include the use of one-call tions in both the Hopi Tribe and the third amendment adds a new definition systems. Navajo Nation who have voiced their for newly acquired trust lands. The Finally, I was pleased to join with opposition to the settlement, I believe fourth amendment pertains to the po- Senator LAUTENBERG in proposing addi- that these agreements represent the tential impacts of the settlement pro- tional provisions which are the subject only realistic way to settle the claims visions on ongoing water rights nego- of a manager’s amendment to S. 1505. of the Hopi Tribe against the United tiations in northern Arizona. It would These include a survey and risk assess- States and to provide an accommoda- make clear that the settlement agree- ment by the Department of Transpor- tion for the hundreds of Navajos resid- ments provisions would not prejudice tation of the effectiveness of remotely- ing on Hopi partitioned lands. or adversely impact existing water controlled valves which shut off the I believe it is imperative that the users and more senior water rights flow of natural gas in the event of a Congress take this step before the close holders along the Little Colorado pipeline rupture. Once the survey and of this session in order to bring this River. This provision also makes clear assessment are completed, the Sec- longstanding dispute to a final resolu- that any water rights covered in the retary of Transportation shall issue tion. It has been over 22 years since the settlement agreement are a part of, standards for their use if he or she Navajo-Hopi Settlement Act was and bound by, the adjudication of the finds them technically and economi- passed with the intention of settling court presiding over the Little Colo- cally feasible. the disputes between the Navajo Na- rado River adjudication. Finally, the The manager’s amendment also in- tion and the Hopi Tribe. Since that amendment makes clear that nothing cludes measures to promote public time, the Federal Government has in the Act or the amendments made by awareness of pipeline location. Pipeline spent over $350 million to fund the Nav- the act shall preclude, limit, or endorse owners or operators must provide mu- ajo-Hopi Relocation Program. That actions by the Navajo Nation to seek, nicipalities where pipelines are located funding exceeded the original cost esti- in court, an offset from judgments for with facility maps to prevent accidents mates by more than 900 percent. And payments received by the Hopi Tribe. and respond to pipeline emergencies. In yet, there are over 130 appeals still It is my understanding that as part addition, the Secretary of Transpor- pending, which raises a great deal of of the negotiations on provisions in the tation must survey existing public edu- uncertainty regarding who is and is not bill relating to the Little Colorado cation plans to determine which com- eligible for further relocation benefits River adjudication, the Hopi Tribe and ponents are most effective at accident under the act. I am convinced that fu- the city of Flagstaff have commenced prevention. After analyzing the results ture Federal budgetary pressures will discussions to resolve the water rights of the survey, the Secretary may pro- force closure of the Navajo-Hopi Relo- of the city of Flagstaff. I am very S11562 CONGRESSIONAL RECORD — SENATE September 27, 1996 pleased that the city of Flagstaff has Services and Labor and Human Re- I rise today to say farewell and to communicated its support for this set- sources Committees and Defense and congratulate Dr. Lyushun Shen, who tlement and its desire to work with the Labor, Health and Human Services and has served as head of the Republic of Hopi Tribe to resolve the outstanding Education Appropriations Subcommit- China’s Congressional Liaison Division issues related to their respective tees in support of military health is- in Washington for many years. In rec- claims to scarce water resources. I am sues and national nursing and health ognition of his good work here, Dr. also pleased that the Hopi Tribe has care agendas. Shen has been named Director of North pledged to work diligently with the As a champion of tri-service nursing American Affairs in the the Ministry of city to resolve these difficult issues. It and military health issues, Colonel Foreign Affairs and will return to Tai- is my hope that both the Hopi Tribe Scherb was instrumental in the clari- pei at the end of this month. This is an and the city of Flagstaff will be able to fication of the board certification pay extremely important position because resolve these issues amicably in the statutes to include certain military he will be responsible for coordinating near future. To that end, let me assure nurse specialists; establishment of eq- Taiwan’s policies toward the United the parties that I will provide whatever uitable disbursement of incentive spe- States, among other things. I am assistance I can in working with the cial pay for nurse anesthetists; author- pleased the United States will have a Hopi Tribe and the city of Flagstaff to ization to establish a graduate school good friend in that position. resolve these important issues. of nursing at the Uniformed Services My staff and I have had many occa- Mr. President, this long overdue leg- University of the Health Sciences sions to work with Lyushun during his islation marks an important first step [USUHS]; and authorization to estab- tenure in Washington. Whether the toward the resolution of the disputes lish a tri-service nursing research pro- issue was one where we disagreed, such between the Hopi Tribe, the Navajo Na- gram at USUHS. as back in the days of fishing disputes tion, and the United States which have Her dynamic leadership provided the between Taiwan and Alaska, or where been the subject of over 35 years of liti- driving force behind legislation that we agreed, such as allowing a private gation and acrimony. For the first enabled any qualified officer in the visit by President Lee to his alma time since this dispute began, a mecha- military health system to be appointed mater, Lyushun has served his country nism will be provided that permits as Surgeon General, and promoted the with diligence, professionalism, and a Navajo families to legally remain on development of leadership opportuni- fine sense of humor—an important homesites within the Hopi partitioned ties for nurses and other nonphysicians quality in this town. I also had the lands. It is vitally important that Con- to include command and general officer chance to observe his fishing skills gress pass this legislation in order to promotion. Colonel Scherb wrote legis- when he attended my wife’s charity settle these long-standing claims lative language enabling the Services fishing tournament this past summer, against the United States and to pro- to distribute their field grade end- but I think he should stick with diplo- vide an opportunity for many Navajo strength equitably ushering in a new macy. families to remain on their homesites. era of equality for military medicine. I am confident that Lyushun will be Finally, Mr. President, this legisla- Colonel Scherb actively pursued codi- as successful in his new role as he has tion is supported by the Navajo Nation, fication of Army and Air Force chief been here. And I know our paths will the Hopi Tribe, the administration, the nurse appointments as general officers. cross again during my travels to Asia. State of Arizona, and representatives She championed telemedicine initia- I am certain that my colleagues join of the Navajo families residing on the tives including advanced medical tech- me in wishing Lyushun and his family Hopi partitioned lands. Accordingly, I nologies, digitized radiography, com- all the best in the coming years.∑ strongly urge the Senate to pass S. puterized patient records, teleconsulta- f 1973.∑ tion, and remote distance learning. AD HOC HEARING ON TOBACCO f As a recognized authority on health care, Colonel Scherb’s expertise was in ∑ Mr. LAUTENBERG. Mr. President, TRIBUTE TO ARMY COL. BARBARA constant demand as a speaker and on September 11, I cochaired with Sen- SCHERB writer. At significant personal sac- ator KENNEDY an ad hoc hearing on the ∑ Mr. INOUYE. Mr. President, as the rifice, she eagerly sought each and problem of teen smoking. We were 104th Congress draws to a close, I stand every opportunity to advance nursing, joined by Senators HARKIN, to pay tribute to a distinguished Army and the health care goals and vision of WELLSTONE, BINGAMAN, and SIMON. Re- officer who served as a congressional America. grettably, we were forced to hold an science fellow on my staff during this Colonel Scherb is now attending the ad-hoc hearing on this pressing public Congress. Col. Barbara Scherb, U.S. Army War College. Based on her splen- health issue because the Republican Army, was selected for this highly cov- did performance and exceptional lead- leadership refused to hold a regular eted fellowship as a result of her out- ership while in my office, I am con- hearing, despite our many pleas. standing training, experience, and ac- fident that she will excel in this new Yesterday I entered into the RECORD complishments. She is the prototype of endeavor. the testimony of the witnesses from what nursing leadership should be. Her Colonel Scherb is an officer of whom the second panel. Today I am entering impeccable credentials and superb per- the military and our Nation can and the testimony of the witnesses from formance earned her the respect and should be justifiably proud; a unique the third panel which included talk- admiration of the Senate staff. She dis- combination of talent and devotion to show host Morton Downey, Jr.; his doc- tinguished herself rapidly as a profes- duty. I want to personally and publicly tor, Dr. Martin Gordon; former Marl- sional who possessed an infectious de- acknowledge my sincere appreciation boro man, Alan Landers; and, former meanor, tremendous integrity, decisive to Colonel Scherb for her dedicated cigarette model Janet Sackman. leadership style, political savvy, and months of exemplary service and to bid Mr. President, I ask that the testi- unending energy. The ultimate Army her a fond aloha and heartfelt mahalo.∑ mony and related materials from the officer, Colonel Scherb is a visionary f third panel of this ad hoc hearing be thinker who has the innate ability to printed in the RECORD. implement these visions. Colonel CONGRATULATING REPUBLIC OF The material follows: Scherb is the consummate professional; CHINA’S CONGRESSIONAL LIAISON TESTIMONY AT THE AD-HOC TOBACCO HEARING, nursing never had a better ambassador ∑ Mr. MURKOWSKI. Mr. President, U.S. SENATE, SEPTEMBER 11, 1996 nor patients a more devoted advocate. many Senators have come to the floor STATEMENT OF MORTON DOWNEY, JR. Colonel Scherb forged strong alli- this week to give tribute to our retir- Mr. Chairman, distinguished Senators, Dr. ances and affiliations with a myriad of ing colleagues as the 104th Congress Martin Gordon, Fellow members of the congressional offices, committees, and moves toward adjournment. The end of American Lung Association, Ladies and Gen- tleman, I wish I did not belong on this panel Federal and civilian agencies to the congressional session also means of people who have learned first hand the present a cohesive approach to legisla- that many of our friends in the diplo- connection between smoking and cancer. tive proposals. She worked closely with matic community are moving on to Sadly this former smoking fool heads the staff members on the Senate Armed other assignments. list. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11563 Like 3,000 kids every day, I began smoking ested to know that the initial suspicion that Lazinbee, Sara Purcell, Frankie Crocker, at the age of about 13. My parents had sent tobacco might cause cancer was first voiced Lynn Moody, Lydia Cornell, Susan Blakely, me to military school. All my buddies by the English physician, John Hill, in 1761! Merite Van Kamp, Vinviano Vincenzoni, smoked, it was cool. By Christmas vacation This was promptly followed by our Surgeon Shel Silverstein, and Joe Lewis. I have ap- I was hooked. Banging down about 20 butts a General’s report in 1964. peared in numerous television and motion day. I knew they couldn’t hurt me, because Early in this century, physicians and sci- picture productions, including ‘‘Annie Hall’’. the full-page advertising Life magazine and entists alike strongly suspected a relation- During the height of my acting and model- the Policeman’s Gazette said, ‘‘More Doctors ship between smoking and lung cancer. Dr. I. ing career I was courted by R.J. Reynolds to Smoke Camels Than Any Other Cigarette.’’ Adler was the first to strongly suggest that appear as the ‘‘Winston Man’’. I did the ma- Think of how hooked I was. It was military lung cancer is related to smoking in a mono- jority of the print ads for the RJ Reynolds boarding school, every time I got caught graph published in 1912. A similar conclusion tobacco company in the late 1960’s and early smoking it was ten demerits, which meant was reached in a 1941 article by Dr. Michael 1970’s. ten hours of marching with a rifle on my DeBakey, who cited a correlation between I appeared on billboards and in magazine shoulder after class and on weekends. In my the increased sale of tobacco and the increas- advertising holding a Winston cigarette urg- first year, I marched over 300 hours of pun- ing prevalence of lung cancer. In addition, ing others, young and old, to smoke. I was ishment for smoking. My dad said that early investigators seemed to understand the expected to portray smoking as stylish, showed how stupid I was to smoke. Billy correlation between the age when one first pleasurable, and attractive. I was required to Waldon, my roommate, said it showed how begins to smoke and lung cancer, finding smoke on the set, constant smoking was re- stupid I was to get caught. I agreed, kept that smokers with lung cancer began smok- quired to achieve the correct appearance of smoking and kept being stupid. Bill Waldon, ing earlier and continued to smoke longer the cigarette, ash, and butt length. During my ex-roommate, died when he was 53. He than control groups. this time frame I also promoted Tiparillo had given up smoking at 40 and started Lung cancer is only the tip of the iceberg. small cigars. In television advertisements, chewing tobacco so as not to get lung cancer. Smoking has been causally related to an in- my character, dressed in a trenchcoat utters He died ten years of tongue and throat can- creased incidence of a number of other ma- the rhetorical line, ‘‘should a gentleman cer—some trade off. lignancies, and is a significant risk factor in offer a Tiparillo to a lady?’’ What kind of trade off are we giving our the development of coronary artery disease. Despite the fact that I worked closely with children, Mr. Chairman? An absolute guaran- As Dr. Thomas Petty from Colorado states, cigarette company personnel during the tee that if we do not face our responsibility ‘‘Today, no reasonable person would deny shooting, at no time was I ever told that right now, at least 1,000 of those new daily that smoking is the cause of 90% to 95% of cigarettes could be dangerous to my health. smokers will die an agonizing death from a lung cancer.’’ I knew that some people believed them to be smoking-related illness. Lung cancer is the most fatal malignancy unhealthful, but the cigarette manufacturers To those who falsely gnash their teeth over of both men and women. In the United denied, and still deny to this date, that their First Amendment rights, what about the States we will probably have close to 193,000 product is harmful. Preamble, those first thoughts our fore- reported cases of lung cancer this year, Later in this statement I explain what I fathers had about the right to Life, Liberty 112,000 in men and 81,000 in women, with a 5 have learned about the hazards of cigarette and the Pursuit of Happiness? Cancer will year mortality rate of 85%. smoke, and when the cigarette industry real- steal their life! Liberty should mean the Building on Dr. Petty’s statement, it ized these hazards. Looking back on my ca- right to be liberated from our own youthful would be safe to state that, sadly, 90% of reer I am ashamed that I helped promote stupidity. lung cancers are preventable. Logically, pre- such a lethal and addictive product to the Mr. Chairman, can I find happiness for my venting people from smoking would be the children and adults of this country. Had I un- child when I know the adults who pretend to single most positive step towards reducing derstood then what I now understand—that care for her, the Tobacco Lobbyists, the Gov- the incidence of lung cancer. Furthermore, cigarettes are an addictive poison that kills ernment that is sworn to protect her, aban- since it is widely known that starting to almost 50% of their users—I would never don their responsibility and bow to the ciga- smoke at an early age is a particularly have participated in their mass marketing. In 1987 the hazard of cigarettes became rette giants, the Tobacco Terrorists? strong risk factor in the development of lung tragically apparent as I was diagnosed with She needs your courage, your leadership, cancer and almost 90% of daily smokers lung cancer. Although 95% of lung cancer your ability to stand-up in the face of those begin before the age of 18, it would make victims do not survive five years from diag- who would spend 5 billion a year to send our sense to focus our effort on preventing chil- nosis, I was determined to beat the odds. In children to an early but agonizing death— dren from smoking. This is the goal of the a painful and dangerous surgical procedure, but not spend one red cent toward the break- FDA regulations—to protect children from my doctors removed a large section of lung, ing of the smoking habit, money to purchase tobacco’s addictive properties and its deadly hopefully to remove the cancer from my medication for the agonizing pain as death effects. As a physician who has seen the rav- body. After the surgery, I lived from exam- approaches, or dollars to develop a cure for ages of lung cancer, I fully support the time- ination to examination, hoping the cancer their addicting gift to our children. ly enactment of the FDA regulations. I be- To think I was a role model for cigarette lieve they will go a long way towards my would not recur. In 1992 I received devastat- smoking youth, even signing my name on seeing fewer patients like Morton Downey, ing news. Another cancer had formed, this their cigarettes. To that generation, I beg Jr. walk through my door. time in my other lung. The only hope was your forgiveness. May the next generation I urge those on the committee and other more surgery, which was accomplished with have kinder and wiser role models such as members of Congress to support the FDA major complications. A nerve leading to my you Senators and President Bill Clinton who regulations and oppose any legislative ef- vocal cords was cut, causing it to be almost will not bow to the Tobacco Terrorists by forts to weaken them. Thank you for the op- impossible to speak normally. This is a weakening the regulations that only serves portunity to address this distinguished body. crushing blow to an actor. I survived the sec- to deny our youth the opportunity to destroy I would be happy to answer any questions. ond surgery and am hoping for the best, al- themselves as many of us already have. I ask though there are no guarantees. I am ex- STATEMENT OF ALAN LANDERS tremely short winded because sections of you to show the legislative courage to save My name is Alan Landers. I live in Ft. my little girl. She need not suffer as I have, both lungs have been removed, and I am told Lauderdale, Florida, and I am 55 years old. I that I have in addition emphysema from cig- as my colleagues have. Think of some of my am a professional actor, model, and acting fellow smokers, Sammy Davis, Jr., Edward arette smoking. Scars from the surgery wrap teacher. My career began with the pilot film around my back permanently disfiguring me, R. Murrow, Yul Brynner—— ‘‘Aloha from Hawaii’’. Over the years I ap- They smoked and they’re dead. Wouldn’t it but I feel lucky to be alive. peared in various television shows and mo- I have learned a great deal since the sur- be a better world if they were alive today? tion pictures, including ‘‘Annie Hall’’, gery for lung cancer, about the true dangers STATEMENT OF MARTIN N. GORDON, M.D. ‘‘Stacey’’, ‘‘The Tree’’, ‘‘The Web’’, ‘‘Hurri- of cigarettes and the deceit of the industry Good Morning. cane,’’ ‘‘Ellery Queen’’, ‘‘The DuPont Show’’, that sold them. I never understood how le- My name is Dr. Martin N. Gordon. I am a ‘‘Deadly Rivals’’, ‘‘Cop and 1⁄2’’, ‘‘South thal the product really is. Looking back, I physician specializing in pulmonary medi- Beach’’, ‘‘America’s Most Wanted,’’ recall smoking on the eve of my second sur- cine at Cedars Sinai Medical Center and I am ‘‘Superboy’’, ‘‘Model of the Year’’, gery. I am a strong willed person who had Morton Downey, Jr.’s pulmonologist. I am ‘‘Petrocelli’’, ‘‘Kate McShane’’. I also ap- broken the addiction several years earlier. honored and pleased to address this commit- peared as a model and actor in numerous ad- The addictive power of nicotine addiction is tee and offer my views on tobacco smoke, vertising campaigns, including: Binaca, real and that my frustration of being unable lung cancer and the FDA regulations. United Airlines, Lancer Wine, Brylcreme, to quit is shared with many, if not most, reg- It is generally agreed by those in the sci- M.J.B. Coffee, BelAir Cigarettes (South ular smokers. entific and medical communities that most America), Sony, and Vics 44. I have also became aware of the industry’s lung cancer is attributable to the inhalation, I owned the Alan Landers Acting Studio in deceitful attitude toward its customers. My by a susceptible host, of carcinogenic pollut- Hollywood, California. Some of the people attorney, Mr. Norwood S. Wilner of Jackson- ants. Cigarette and other tobacco smoke are who attended the Studio and were coached ville, has filed a case on my behalf seeking the most important of these pollutants. by me include: JoAnne Woodward, Jerry compensation from R.J. Reynolds and oth- Members of the committee may be inter- Hall, Ali McGraw, Joe Penny, George ers. I was delighted to see that Mr. Wilner S11564 CONGRESSIONAL RECORD — SENATE September 27, 1996 was successful in August of this year in ob- In 1983, Mrs. Sackman was diagnosed with Without being overly critical, I think taining a verdict on behalf of one of his other throat cancer, and underwent a laryngec- we have to question both the serious- clients against the cigarette industry. The tomy. In 1990 late doctors found cancer in ness of the administration’s approach landmark case Carter v. Brown and her right lung, and Mrs. Sackman had a por- to these issues, and the depth of the Williamson Tobacco Comapny, tried in Jack- tion of that lung removed. sonville, showed that juries will not forgive After her illness Mrs. Sackman vowed to Secretary’s commitment to construc- the cigarette industry for its carelessness begin speaking out against smoking. She has tively engage Congress on Federal for- and deception in refusing to warn its cus- made numerous appearances worldwide in est management. But I want to empha- tomers or to develop safer alternative prod- order to educate the public regarding the size that my mind and my door are ucts. health hazards of cigarette smoking.∑ still open. As we move forward, we I have donated my time to the fight f would still be happy to see a legislative against tobacco and to protect children from PUBLIC LANDS ENVIRONMENTAL proposal from the administration to becoming involved in this dangerous drug. put alongside what we propose. Lawton Chiles, Florida’s courageous Gov- PROTECTION ACT OF 1997 ernor, has asked me to address the Florida ∑ Mr. CRAIG. Mr. President, this WE MUST CHOOSE A COHERENT PHILOSOPHY UNDER WHICH OUR FEDERAL FOREST LANDS Legislature. I have appeared numerous times month marks the 20th anniversary of for the American Cancer Society, the To- SHOULD BE MANAGED Congress’ passage of the National For- Today, I want to review the basic ap- bacco Free Coalition, Citizens Against To- est Management Act of 1976 [NFMA]. bacco, the Duval County Public Schools ZIP proach we took to our oversight task. program, the Monroe County (Key West) As many of you know, at the beginning In evaluating the need for change, we School System, the Cancer Survivors for of this Congress we embarked upon the started by evaluating how well our cur- Life. I have at my expense appeared on na- first sustained oversight of the imple- rent statutes are working. Then, hav- tional and local television and radio shows. mentation of the NFMA, and the relat- ing established that change is impera- I now understand, and wish to place into ed statutes and regulations that govern tive, we stepped back and tried to the record, some of the shocking facts that the management of Federal forest evaluate the overall philosophy under the Carter jury saw, which reveal how the in- lands—both those managed by the U.S. which we want our Federal lands to be dustry put profits over people, stonewalled Forest Service, as well as by the Bu- its critics, and concealed scientific evidence managed. reau of Land Management. from the public and its customers. The at- We chose to reaffirm the multiple- During the course of last year and tached article entitled ‘‘Mass Destruction: A use mandate that has guided the man- this, our subcommittee held 15 hear- Medical, Legal, and Ethical Indictment of agement of Federal forest lands since ings, receiving testimony from over 200 the Cigarette Industry’’ authored by my at- the early part of this century. We have witnesses concerning the status of Fed- torney, Norwood S. Wilner, and my physi- refused to accede to the no-use philoso- cian, Dr. Allan Feingold of South Miami eral forest management. We then par- Hospital, outlines my understanding of these ticipated in, and reviewed the results phy that is currently being popularized terrible facts. of, the Seventh American Forest Con- by elements of the national environ- I call upon the lawmakers of this country gress before finalizing our conclusions. mental community and, to some ex- to protect our children from this dangerous These conclusions are summarized in a tent, agents of this administration. substance. Tobacco products should be regu- We have chosen the former over the June 20, 1996 letter that I sent to Sec- lated as the addictive drugs they are. To- latter because any sentient being can retary of Agriculture, Dan Glickman. bacco advertising should be eliminated or see the results of the no-use philosophy Since the transmittal of this letter and strictly curtailed. I call upon the tobacco in- on the land. Fires are burning out of dustry to compensate its victims, its former its subsequent circulation, we have re- control through forests that are inher- customers, who are suffering and dying from ceived a number of letters, calls, and its products. Thank you for permitting me to comments from various individuals ently unhealthy because of stand con- appear before this committee. both inside and outside the federal land ditions that have been allowed to dete- management establishment. Generally, riorate as a consequence of both simple STATE OF FLORIDA, they have been: First telling us that we administrative inaction, and a more OFFICE OF THE GOVERNOR, are accurate in our diagnosis of the basic and grievous confusion over the Tallahassee, FL, August 12, 1996. role of man in nature. The bill we will Mr. ALAN LANDERS, problems associated with federal forest management; and second urging us to propose does not deal with the forest Lauderhill, FL. health issue alone. Rather, it will also DEAR ALAN: On behalf of the citizens of address some of the problems and op- Florida, I wish to thank you. As a former portunities described in the June 20 deal with the health of the Forest model for cigarette manufacturers, your letter. Service and the other land managing compelling testimony before the Florida At the conclusion of our oversight agencies. It is our conclusion that the Legislature of cigarettes’ insidious poison, hearings earlier this year we invited clear results of the implementation of and the perverse marketing of this product the administration to provide us with no-use philosophies on the agencies to our youth is a true ‘‘profile in courage’’. ideas about needed changes, basically have been as dramatic as the results of Your personal message made the difference making good on the commitment that the application of similar philosophies in our winning 1996 Legislative battle on the land. against Big Tobacco. Secretary Glickman made when he was Your critical help, combined with the confirmed by the Senate in March 1995. Consider this—in over 15 hearings American Cancer Society, American Lung In the June 20 letter, we again offered with 200 witnesses—no one supported Society, and the American heart Associa- to entertain the administration’s pro- the status quo. Let me repeat, no one tion, permitted Floridians to beat back over posals. On August 1 we received a re- from any walk, profession, interest sixty (60) high paid lobbyists and a million sponse indicating that no proposals group, or point of view provided any dollar media campaign designed to distort were ready to tender. We are distribut- testimony that suggested Congress the truth. In biblical parlance, ‘‘we smote ing a copy of the letter and the Sec- need not act to fix the current situa- them with the jaw bone of an ass.’’ tion. In sum, the health of the Forest Alan, thank you again. We will need your retary’s response to you. help in the future, and I am glad that I can Last week, I met with the Secretary Service—or, more broadly, our Federal count on you. to see whether the administration was Government—as an enlightened advo- Warmly yours, close to offering a proposal of any sort. cate of professional resource manage- LAWTON C. CHILES. Not surprisingly, they are not—nor will ment has reached a critical point. In an they be anytime before a certain date era of tightening Government budgets JANET SACKMAN in November that seems to figure heav- this might be the case even if this ad- Janet Sackman was born on September 3, ily in all of their planning. ministration was not subjecting the 1931 in New York City, New York. In 1946, at I also asked the Secretary whether agencies to unprecedented political in- age 14, Mrs. Sackman began working as a he imagined that—if we were to intro- terference. But, in fact, the amount of photographer’s model, and soon became the duce a legislative proposal before that political interference that the Forest Lucky Strike cover girl. At the request of a magic date—we might have a thought- tobacco executive, Mrs. Sackman learned to Service and the Bureau of Land Man- smoke at age 17. He advised her that she ful and substantive discussion detached agement are facing is extraordinary. should learn to smoke in order to learn to from partisan wrangling and political Thus, as we summarize our general hold a cigarette, and look more natural when recriminations? He thought not. What philosophy, we flatly reject the pres- being photographed. a surprise, but more the pity. ervationist philosophy that the best September 27, 1996 CONGRESSIONAL RECORD — SENATE S11565 thing we can do for our Federal forests tion a few groups that have been in- our oversight and ongoing drafting is to walk away and leave them alone. volved and deserve recognition for the processes. I deeply appreciate, the pro- Rather, we choose to: First, reaffirm contributions made to date. fessionalism and commitment of these and reinvigorate multiple-use manage- First, I want to recognize the thou- employees. ment; second, restore the health of our sands of people involved in the Seventh I do not expect any of the above men- forests and the morale of our profes- American Forest Congress. Their com- tioned groups to be wholly or very sat- sional forest managers; third, fashion ing together was a truly unique experi- isfied—or, in a few cases, even re- forest policy on hope instead of fear; ence. I directed my staff to attend, and motely satisfied—with the proposal fourth, develop solutions instead of they benefitted greatly from the in- that we will unveil shortly. Neverthe- conflict; fifth, encourage education in- sights provided. We delayed introduc- less, all of their views were heard and stead of litigation; sixth, rely upon tion of this measure to benefit from in many ways reflected, even if not ex- science instead of stoking emotions; their deliberations. I hope to continue actly the way they thought they would and seventh, employ human resources this extraordinary dialog with this be. in environmental stewardship, instead other Congress. Now having reviewed the process of destroying them in the interest of Representatives of the environmental that we used to develop the legislation, environmental purism. community have also been instrumen- let me explain how we will proceed. OUR APPROACH TO THIS PROCESS HAS tal in providing both the backdrop for Prior to meeting with the Secretary NECESSARILY BEEN TIME CONSUMING the discussions that have occurred in last week, I was prepared to introduce When we initiated this oversight this Congress, as well as a number of this measure immediately and start process two Marches ago, I remarked specific suggestions for changes. While the process of discussing these ideas. upon the novelty of Congress wading we do not agree with all they advocate, The Secretary’s responses to my ques- into an area where it has been absent they nevertheless deserve the credit for tions have convinced me that this from the field for so many years. I also elevating the public’s interest in the would result in little more than the noted that, if our oversight uncovered state of our Federal forests. most cynical exercise in political pos- the need for significant changes, these Third, I want to recognize the forest turing at the present time. changes would take time. Indeed, legis- scientists that have begun to look at Therefore, I plan to wait and cir- lative changes of this nature always land management and ecosystem anal- culate this proposal immediately after take more than one Congress to ysis at broader geographic scales. the election. If the current administra- achieve. When you write the environ- Many of the initiatives that have been tion returns, the invitation to come mental history of this Congress I hope pioneered by this group of devoted For- forward with their own proposal still you will remember that we expected it est Service and other Federal agency stands. If not, I expect that their suc- to take awhile, but we will get the job scientists over the last 4 years are cessors may well be more aggressive done. going to be recognized and provided and communicative in their desire to I relish the opportunity to quote Sen- with a statutory basis. proceed and address these issues. After ator Hubert Humphrey’s remarks 20 Fourth, I want to thank State and I finish a little work I have back in years ago this week as he brought the local officials who have provided con- Idaho, I will sponsor a series of work- conference report accompanying the siderable testimony about the current shops and/or hearings during the recess 1976 National Forest Management Act state of federalism, insofar as Federal to secure specific comments and sug- to the Senate floor. He stated that: resource management is concerned. gestions for change. I will also direct It is with a tremendous amount of pride They have suggested a number of im- our staff to meet with interested and satisfaction that I offer this measure for provements based upon their increas- groups to secure additional comments. the consideration of the Senate. It is a prod- ingly impressive capabilities to per- I hope that we will then have an im- uct of 3 years of work by four committees of form a number of the management proved bill to introduce at the begin- this Congress, as well as more than a dozen functions that are currently entrusted ning of the next Congress in order to public interest groups and business interests. solely to the diminishing number of begin a more focused dialogue on legis- These issues could not be viewed as Federal agency employees spread lation that I will strive to advance in a the work of a single Congress or the re- across the country. bi-partisan fashion. sult of an individual election, even Fifth, I want to thank representa- To this end, I look at the forthcom- then. They certainly cannot now. For tives of local, dependent communities ing proposal as a working draft—even those critical of Congress’ efficiency, it and industries. I want to commend though I have been at it for 2 years. I is worth noting that the number of their patience in seeing us through urge people to review it carefully. I congressional committees has de- these deliberations, while in many hope that, with a minimum amount of creased, even as the panoply of interest cases—and for justifiable reasons—they rhetorical overkill, they will tell us groups has expanded exponentially. felt their concerns are of a more imme- what they think the good parts and the Generally speaking, significant diate nature. bad parts are. I will not be seeking im- change comes only through crisis or Finally and most importantly, I want mediate support, and I will try to avoid consensus. I would submit that, today, to thank the Forest Service and other immediate condemnation. This pro- we have a consensus that the status Federal agency employees who contrib- posal is going to change—perhaps dra- quo is unacceptable. But there is not uted so much to our oversight process matically—as we listen and rework it yet a shared sense of crisis, nor any both formally and informally. By ele- to reintroduce in the next Congress.∑ specific agreement on an appropriate vating environmental considerations f solution. Therefore, our proposal will within the agency, Forest Service em- represent a starting point to see if we ployees have made many of the DR. JOE CARROLL CHAMBERS can: First, build upon the only estab- changes that we will propose both rea- ∑ Mr. HOLLINGS. Mr. President, I lished consensus—that is, the status sonable and possible. There is less need would like to recognize today a man quo is unacceptable; and second, move now to use other Federal employees to who has given selflessly to his commu- toward some agreement on what kinds police the work and commitment of nity and profession, Dr. Joe Carroll of appropriate solutions should be pro- Forest Service scientists, biologists, Chambers. He will be retiring on Octo- vided. and land management professionals ber 11, 1996 and we are very sad to see By necessity, many parties will be in- than there may once have been. For him go. Dr. Chambers is a graduate of volved in the deliberations that we will this, and for other efficiencies in better the University of Tennessee College of begin in a few weeks, and carry forward land stewardship that we will propose, Medicine, interned at the Baptist Hos- through the next Congress and perhaps Forest Service employees deserve con- pital in Nashville, and completed a beyond. But at the same time, many siderable credit. I am also appreciative masters in public health at the Univer- parties have already been involved in of the amount of time and effort that sity of North Carolina. He is the recipi- providing us useful insights that are went into the development of agency ent of many awards, including the reflected in the proposal we will cir- testimony and support materials that James Hayne Award by the SC Public culate in the near future. Let me men- provided the information necessary for Health Association for meritorious S11566 CONGRESSIONAL RECORD — SENATE September 27, 1996 achievements in public health over an ers. In my business we’re all assertive. ARMED TROOPS IN ARMENIA extended period time and the American So I engage in combat every day with ARREST DOZENS OF PROTESTERS Lung Association’s John Martin Medal my adversaries who, although I love ∑ Mr. SIMON. Mr. President, I was for significant contributions. I wish each and every one of the misguided sorry to read the story in the New him and his wife, Bettye Ann, the best souls, would sell our country and ev- York Times by Steve LeVine under the as they take on the slower pleasures erything we hold dear for one more so- title ‘‘Armed Troops in Armenia Arrest and pace of retirement. I ask to have cial program. Dozens of protesters.’’ printed in the RECORD a synopsis of Dr. Mr. President, they look the other Armenia is generally moving in the Chambers’ accomplishments as direc- way as we strip our Nation of its vital right direction. tor of the Charleston County Health defenses, leaving us vulnerable to both While there may have been abuses in Department. conventional and missile attacks—and the election, the fact that the election The synopsis follows: hope desperately the people don’t find results showed the incumbent presi- JOE CARROLL CHAMBERS, MD, MPH out the truth. They load up our system dent getting 51 percent and his major Dr. Joe Chambers was named Health Direc- with unbearable burdens of overregula- rival 42 percent suggests to me that it tor of the Charleston County Health Depart- tion and wonder why we are not glob- ment in 1977 after having served in the same was basically a free election. capacity for Aiken County. Since that time, ally competitive. They bleed the very I have come to have great respect for Charleston has seen improved public health, lifeblood from our veins in the form of President Ter-Petrossian who appar- grown in services, increased activity in pre- taxes until we are too weak and dis- ently has been reelected. venting potential environmental hazards heartened to produce—and then come I believe that restraint is essential and, in general, an increased awareness of after that last drop—all to support for freedom to survive in Armenia. the need for preventative health measures. their insatiable appetite to render We do not want Armenia to go in the The CCHD Public Health Nursing Division their control of our lives absolute. is accredited by the National League for direction of chaos. Nursing as is the Home Health Services Pro- They give dancing lessons to hardened An overreaction to protests does not gram. Home Health visits have continued to criminals—punishment, heaven for- help the future and the stability of Ar- grow for the past several years as the public bid—and then turn them lose to plun- menia. has become increasingly aware of this serv- der again. I was particularly concerned about ice for those in need. And so I do combat every day with the suggestions in the story that oppo- The Women, Infants and Children Food every fiber of my being, leaving no Program serves pregnant, breast feeding, sition leaders have been jailed or postpartum women, infants and children doubt in my mind that the fate and the chased underground and that govern- under five. The Charleston program serves very essence of Western civilization is ment troops went into an opposition the largest number of patients, who are at absolute in its dependence upon my ac- party office and arrested eight people. nutritional or medical risk, in the state. tions, wisdom and performance. I will continue to do what I can for One of the County Health Clinics recently That is, until—until I see Poot. And Armenia in or out of the United States received the Distinguished Volunteer Award I realize that while she is tolerant of Senate, but I hope self-restraint is used from the Charleston County School District. Environmental Health programs have pre- my priorities, hers are not the same. by the government. Self-restraint is es- vented the spread of communicable disease Not even close. She wants the same sential for stability and for freedom. through control of the environment. Annu- thing I want but she doesn’t worry Mr. President, I ask that the New ally, the food protection program inspects about it because she assumes I’ll do it. York Times story be printed in the over 1,700 food service establishments. And that lets her keep close to the RECORD. Think about this health department that ones she loves, which is everybody, and The article follows: sponsors rabies clinic throughout the county stay in touch with them to the extent vaccinating 10,000 animals annually, han- [From the New York Times, Sept. 27, 1996] dling more than 4,000 relative activities that she knows every birthday, wed- ARMED TROOPS IN ARMENIA ARREST DOZENS through its Solid Waste/Litter Control Pro- ding date, draft status and social secu- OF PROTESTERS gram and being nationally recognized for its rity number. She, along with her diary, (By Steve LeVine) Lead Poisoning Prevention Program. All is a data bank with the chip capacity YEREVAN, Armenia, Sept. 26—Govern- these have had skillful leadership of fine of the CONGRESSIONAL RECORD—that’s ment troops arrested and beat dozens of dem- teams, headed by Dr. Chambers. her priority. onstrators and bystanders today in an effort Certain health conditions serve as a ba- to end three days of protests against Arme- rometer of the health status of the commu- And in addition she is the control nia’s presidential election, which was tainted nity. In Charleston, as the immunization of center for compassion. For her family, by charges of fraud. children under two continues to improve, the yes, but also anyone else who stumbles Armored vehicles blocked the streets, infant mortality rate improves. Because along. No matter who is in trouble or parks and squares where tens of thousands of early and continuous prenatal care services in need, she is their counselor and com- opposition supporters had protested the an- have been promoted by Dr. Chambers, results panion—that’s her priority. nounced victory by President Levon Ter- are positive. Dr. Chambers is recognized as But all the while her capacity for en- Petrossian in the election on Sunday. an advocate for prevention initiatives that joyment will never be challenged. Bands of soldiers in full combat gear pa- protect and improve the health of our com- trolled the streets, breaking up gatherings of munity. There’s not a Broadway show she civilians as the Government imposed what in The Charleston County Board of Health hasn’t both seen and memorized— effect was a state of emergency in parts of recognizes and congratulates Dr. Joe Carroll that’s her priority. the capital. Chambers for his vision, knowledge and lead- So, Mr. President, you should be so The main opposition leader, Vazgen ership as Director of the Charleston County lucky to have a Poot like I do. Just Manukian, a former Prime Minister who Health Department. Through his tenure, we when you begin to believe that you are trailed in the vote to Mr. Ter-Petrossian ac- have witnessed a safer Charleston, a growth cording to official results, disappeared from in needed health services and an increased so important, you have no one to put public view and his whereabouts were un- awareness of environmental risks. This Tri- you back in perspective. I do. And known. An Interior Ministry spokesman said County area, Charleston, Berkeley and Dor- when you forget the street address Mr. Manukian, 50, was ‘‘being pursued.’’ chester Counties, has been fortunate to have where you lived when you were 6 years Some tension remained this evening, but enjoyed better community health due to Dr. old, you don’t have anyone to call. I do. the Government moves seemed to bring at Chambers’ diligence, dedication and fore- And when you cast a vote that makes least a pause the three days of protests out- sight. He has given attention to every facet everyone hate you, you don’t have any- side Parliament in which crowds of opposi- of this area’s well being that touches on good one who understands. I do—in fact she tion supporters called for Mr. Ter-Petrossian health and disease prevention. All of this he to resign. has done with skill, grace, kindness and un- even agrees with me. With the crackdown, Mr. Ter-Petrossian derstanding.∑ So Mr. President, I’ve got the No. 1 ∑ Mr. INHOFE. Mr. President, every- 70-year-old Poot in the Nation, a beau- has now jailed, chased underground or forced tiful and compassionate consolidation into exile most of his key political oppo- one should have one—a Poot, that is. nents. And maybe everyone does have one. of the pioneer woman, mother Teresa, The Government action came a day after The important thing is I do. and hello Dolly. So maybe, Mr. Presi- demonstrators tore down a gate and part of We all have our causes. It’s just that dent, she’s right and we’re wrong. Any- a fence surrounding Parliament, charged some of us are more assertive than oth- way, you should be so lucky. Amen.∑ onto the grounds and beat up the Speaker. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11567 The protesters asserted that fraud nudged music. Bill Monroe, the father of Blue- lected from a national pool of 720 can- Mr. Ter-Petrossian over the 50 percent mark grass music and a member of Nashville didates and the recipient of a $100,000 in the election, allowing him to avoid a run- Tennessee’s Grand Ole Opry, passed award for her community cause. This is off in Armenia’s first presidential election away this month. He was a national truly an outstanding life-time achieve- since the collapse of the Soviet Union in ment. 1991. treasure whose talents spanned several Government troops dispersed the crowd by generations and influenced many musi- Ms. Walker was born in Honokaa, HI firing in the air and beating protesters on cal talents. and raised on a cattle ranch in Wednesday, and a state newspaper reported Bill Monroe had a simple upbringing. Kukaiau, a community just east of today that a policeman and a civilian were While his formal education ended with Honokaa, where her father worked as a killed. the third or fourth grade, he had of cowboy and mechanic. Her mother is a In a television address this morning that such great musical talent that he was retired nurse. Leaving her native home opened with pictures of the protest, Mr. Ter- credited with founding an American for a formal nursing education and sev- Petrossian condemned his rivals and banned eral years of work experience, she re- unauthorized public gatherings. Citing the music form. Bluegrass music was born when Bill Monroe took the ingredients turned to excel in the health care in- strife in neighboring Georgia and Azerbaijan dustry on Oahu. In 1989 she returned to since the Soviet collapse, Mr. Ter-Petrossian of what had come before him and mixed suggested that he was the only barrier be- them with his emotions, acoustic tal- her home to take the position of direc- tween calm and chaos in Armenia. ent, and mandolin playing skills. tor of nursing at the Hamakua Medical ‘‘Can it possibly be that the mistakes of Monroe and his brothers, Charlie and Center. In 1991, she became the execu- our immediate neighbors have taught us Birch Monroe, performed together for tive director of that health center, the nothing, or did we have to feel this on our several years and made their radio only medical clinic in the district. own skin’’? Mr. Ter-Petroassian asked. ‘‘I Ms. Walker quickly reorganized this debut in 1927. Later, Bill struck out on warned you about this danger, the danger of clinic, instituting an appointment his own, forming his own Bluegrass fascism from one group of mentally ill peo- process, thus expediting medical care band and joining the Grand Ole Opry in ple who wanted to rule over you.’’ to the beneficiaries. In 1992, disaster 1939. Monroe’s success with the man- Within an hour, troops stormed into an op- struck the area when the Hamakua position party office, beat up and arrested dolin in Bluegrass music influenced Sugar Co. filed for bankruptcy. Her eight people, according to a Reuters reporter other musicians to include that instru- friends and neighbors were without who witnessed the incident. ment. In time it became an essential jobs and their families without sup- At the same time, soldiers fired live am- instrument to Bluegrass music. munition into the air near the Opera House, port. Without the innovation, dedica- Mr. President, over the years an opposition gathering place. Men booed tion, energy, and personal sacrifice of Monroe’s band went through many and women screamed as soldiers and armed Ms. Walker these people would have changes. Band members moved on and men in plainclothes pursued, beat and ar- lost not only their security, but their new talents were brought in. At its rested several bystanders. health care as well. Pro-Government Members of Parliament peak in the 1940’s, Monroe’s band re- Ms. Walker organized a task force of beat up six opposition members when they mained a stronghold in the music in- entered a morning emergency session. The local residents, politicians, and depart- dustry. Though rock ’n’ roll quickly ment of health representatives. Fi- opposition politicians were then arrested by took center stage and pushed aside the Interior Ministry troops. nancing the clinic’s operation through Government officials said the deputies and sound of Bluegrass, Monroe’s genius her own funds, she had to manage the some other opposition figures would be tried left its mark on the music industry. health care of a community with one in what they are calling an attempted coup. The influence of Bill Monroe and his tenth of her normal budget. Over the Near the concentrations of Government mandolin tunes can be seen in rock ’n’ next 2 years, Ms. Walker engineered troops, residents were openly bitter, angry roll, as well as country music. The support initiatives with the insurance and frightened. Uniformed soldiers and men ‘‘King of Rock ’N’ Roll,’’ Elvis Presley, companies, local banks, local private in black leather or denim jackets roamed was heavily influenced by the music of these areas, slapping, kicking or beating donors, and the State Legislature. This Bill Monroe, and even recorded resulted in the restoration of the seemingly any Armenian who inquired in Monroe’s ‘‘Blue Moon of Kentucky’’ on less than polite tones about the action. health care system, a life line for the ‘‘This is a nightmare,’’ said Vartan his first album. Buddy Holly was one of 7,500 residents of this 900-square-mile Petrossian, a musician who was strolling Bill Monroe’s greatest fans and Blue- poverty-stricken area. with his wife to buy some fish. ‘‘This has grass contributed to many of his songs. In 1995 the State of Hawaii built a happened to our neighbors, but how can this Country music has also been influenced 7,000-square foot rural health clinic happen in Armenia’’? I don’t want a govern- by Bill Monroe. Ricky Skaggs grew up with a staff of 32 dedicated physicians, ment that splits in my face.’’ listening to Bluegrass music and was a nurses, and support personnel in Another man, who did not want to give his young fan of Monroe. The music of Honokaa. This new facility provides an name, asserted: ‘‘They are worse than the Hank Williams is also influenced by Communists. What kind of government do expanded array of medical and social we have that keeps power this way?’’ the Bluegrass great. Bill Monroe’s services never seen before in this rural, In the sprawling flea market near the music and spirit has become a part of plantation community. These services Razdan Soccer Stadium, a dozen merchants our culture. include primary care, mental health, expressed sympathy with the opposition. But Mr. President, it is important that disease prevention, an indigent medica- they voiced dismay that the opposition we remember Bill Monroe as an artist tion program, a nurse certification would risk disorder in a republic that until and a contributor to our Nation’s cul- training program, and a School-to- now has been spared it. ture. He influenced the lives of so Work Nurse’s Aide Training Program The ferocity of the crackdown has per- many young artists and his music and plexed diplomats who generally admire Mr. for high school juniors. Ms. Walker will Ter-Petrossian, who rose to power in a wave talent live on today. He will be missed, use funds from this award to establish of nationalism that began here in 1988 and but never forgotten.∑ a new urgent care program thus ex- once had been jailed with Mr. Manukian, f panding the health care services in the then a close ally. community even further. It has been hard for some diplomats to rec- A TRIBUTE TO GAIL WALKER, RN It is hard to overstate the benefits oncile the harsh local ruler with a President ∑ Mr. INOUYE. Mr. President, I rise to these services provide the community who is moderate on other matters like seek- pay tribute to an outstanding Amer- of Honokaa, HI. Ms. Walker’s ability to ing better relations with Turkey. ican health care hero. Ms. Gail Walker overcome enormous obstacles to pro- ‘‘What has surprised me is that the Gov- is a registered nurse and the executive ernment is doing nothing to sound concilia- vide modern health care in her native tory,’’ a Western diplomat said today of the director of the Hamakua Health Center community attests to her strength of crackdown. ‘‘They just sent out the attack in Honokaa, HI. She was recently hon- character, her compassion, and vision. dogs.’’∑ ored by the Robert Wood Johnson Com- I want to personally and publicly ac- f munity Health Leadership Program for knowledge my sincere appreciation to her outstanding commitment to pro- Ms. Walker for her dedicated years of TRIBUTE TO BILL MONROE viding residents of the Hamakua area exemplary leadership and service to ∑ Mr. FRIST. Mr. President, I rise with continuing access to health care. her community and to bid her a heart- today to salute a legend in Bluegrass She was 1 of 10 health care heroes se- felt mahalo.∑ S11568 CONGRESSIONAL RECORD — SENATE September 27, 1996 TRIBUTE TO BRIAN THOMPSON, TRIBUTE TO DANA PODELL OF also faced with skyrocketing costs and BOB GAGNON, ‘‘CHIPPER’’ ROWE, COLORADO, GIRL SCOUT GOLD utilization of mental health and sub- SANDY ROBINSON, MURRAY AWARD WINNER stance abuse services which now rep- SMITH, AND ALBERT ∑ Mr. BROWN. Mr. President, I would resent 4 percent of the GDP. However, DAUPHINAIS, SIX NEW HAMP- like to take this opportunity to recog- these costs represent only one-fourth SHIRE HEROES nize 18-year-old Dana Podell of Gree- of the total price. Employees with be- ∑ Mr. SMITH. Mr. President, I rise ley, CO. The Mountain Prairie Girl havioral health problems experience today to pay tribute to six heroic resi- Scout Council honored Molly with the higher accident rates, use more health dents of North Sutton, NH, who saved Girl Scout Gold Award on May 4, 1996. benefits, and have lower overall work the life of my good friend and neighbor, The Gold Award is considered to be the performance ratings than other work- Rosa Weinstein. Brian Thompson, Bob highest honor achieved in U.S. Girl ers. The costs of crimes which are com- Gagnon, ‘‘Chipper’’ Rowe, Sandy Rob- Scouting and is awarded to young mitted as a result of behavioral dis- inson, Murray Smith and Albert women between the ages of 14 and 17 orders must also be included. Dauphinais all acted without hesi- who display outstanding achievement As a physician and surgeon, I under- tation to rescue Rosa from her burning in the areas of leadership, community stand the impact of mental illness on car in order to get her to the hospital. service, career planning, and personal the lives of my patients and their fami- I am very proud of these six individuals development. Additionally, a Girl lies. I also understand the importance from North Sutton who did not waste 1 Scout must earn the Career Explo- of good psychiatric care. Advances in second in coming to Rosa’s rescue. I ration Pin, four interest patches, the medication and psychological would like to extend a personal word of Senior Girl Scout Leadership Award, therapeutic techniques have improved thanks to each one of them for saving and complete a Gold Award project of our ability to treat these disorders my friend’s life. her own creation. effectively. In addition, the On September 1, Rosa Weinstein was As a senior at Greeley Central High destigmatization of mental illness and driving through North Sutton, NH, chemical dependency have led to a when her car went out of control, School, and a member of Girl Scout Troop 2000, Dana displays genuine lead- greater willingness on the part of the flipped over on its side and caught on general public to seek help for these fire. By what many have described as a ership and truly exhibits concern for the world around her. In March 1996, problems. miracle, the accident occurred within a However, traditional techniques have Dana began work on the Gold Award few yards of the North Sutton Volun- not been effective in controlling either project by organizing bilingual story teer Fire Station and in front of the the costs or quality of care provided in times, recruiting Spanish-speaking vol- home of Brian Thompson. Immediately this arena. Reorganization of public unteers from the community. She also after Brian saw the car from his kitch- sector, local authority, and managed found an established organization—the en window, he used a fire extinguisher care contracting has begun and a niche Chavez Center—willing to continue the to contain the flames coming from the industry of specialized managed men- program. car. As Brian was doing this, two fire- tal health/substance abuse organiza- Dana has made outstanding contribu- men, Bob Gagnon and ‘‘Chipper’’ Rowe, tions or carve-outs has developed. tions to her community and is an ex- ran to the nearby firehouse for the Unfortunately, we cannot necessarily cellent role model for all youth. I am equipment to put out the flames. Three rely on competition and the market to proud to salute Dana as a recipient of additional heroes, Murray Smith, Al- solve these problems. These forces may the prestigious Girl Scout Gold bert Dauphinais, and Sandy Robinson, fail because of externalities and infor- Award. a emergency management technician, ∑ mation problems. Even our health care helped put out the flames, rescued f providers have not always received the Rosa from inside the car and kept her education about mental illness nec- alive long enough to be taken to the MENTAL HEALTH CARE: AN essary to perform their tasks. At this hospital. AGENDA FOR THE FUTURE Rosa suffered considerably from the point, no one is sure that the new pro- ∑ Mr. FRIST. Mr. President, yesterday, grams are any more effective than the accident, but she is very grateful for the ‘‘Mental Health Parity Act of l996’’ the actions of the North Sutton resi- old ones. was signed into law by President Clin- As a transplant surgeon, I understand dents who so quickly came to her aid. ton. Mr. President, the act provides There is no doubt whatsoever in any- the value of teamwork. I believe that parity of coverage for treatment of we must use that approach if we are to one’s mind that Rosa owes her life to mental illness. The debate over the bill these six heroes. solve these problems. Government, was both stimulating and educational, It is my hope that Rosa will regain payers, providers, and consumers must her strength soon and will make a in that it encouraged many of us to each contribute solutions. Together, speedy recovery over the next few learn more about issues affecting the we can accomplish the following objec- weeks. Both Rosa and her husband, management of mental health dis- tives: Harris, are wonderful, thoughtful orders. I believe that, as a group, we First, parity of coverage between friends. Indeed, I was very sad to hear now have a greater awareness and sen- mental and physical disorders must be about the accident, but am also very sitivity to this area. I would like to encouraged. proud of the way the six North Sutton take this opportunity to present some Second, payers must develop incen- residents reacted. of the issues which I feel must be ad- tives for providers to provide appro- Harris expressed the deep gratitude dressed. priate care as well as information for of Rosa’s family by saying, ‘‘The un- Mental health may be affected by nu- patients. common heroism demonstrated by merous factors ranging from outside Third, we must educate providers Brian Thompson, Bob Gagnon, ‘‘Chip- stressors, presenting in ways that may about the most cost-effective ways to per’’ Rowe, Sandy Robinson, Murray be difficult to manage, to physical dis- deliver high quality care. Medical Smith, and Albert Dauphinais is an ex- ease or genetic defects that impair school curricula should be revised to traordinary example of America at its brain function. The erosion of our tra- provide more in-depth training on men- best. We will forever be thankful for ditional social support systems, includ- tal health and substance abuse dis- their selfless, quick-thinking action.’’ ing fragmentation of extended and nu- orders. Reimbursement mechanisms for Mr. President, the actions of these clear family structures, have contrib- graduate medical education must be six individuals on that day in early uted to the morbidity of mental dis- changed so that residents are less tied September are truly remarkable. Their orders. Increased complexity and stress to acute-in-patient facilities. When efforts are appreciated not only by in society are also responsible for the they are placed in facilities across the Rosa’s family but by myself and many higher incidence of symptoms. continuum of care they will receive other New Hampshire residents. And, Consequently, alcohol, drug abuse, more exposure to issues of chronic be- for Rosa, I wish the very best for her as and mental health disorders affect 18– havioral disease management. she recovers from her injuries. Our 30 percent of adults annually. Suicide Fourth, we must learn how to meas- thoughts and prayers are with her.∑ claims 30,000 lives each year. We are ure the real value of care we provide in September 27, 1996 CONGRESSIONAL RECORD — SENATE S11569 terms of health improvements per dol- Without full parity coverage for men- some of south Florida’s homeless char- lar spent on care. We must also con- tal health and substance abuse, health ities. sider the social consequences of that plans will continue to discriminate Jeremy went to Bloomingdale’s in care. against individuals and families in Miami seeking assistance for his char- Fifth, we must learn how to better need of services. The responsibility for ity drive; they decided to help. estimate the effects of cost contain- and cost of care will continue to be Bloomingdale’s recently wrote me ment measures on treatment cost ef- shifted from the private to the public about Jeremy’s efforts and why they fectiveness. sector. For children and adolescents, got involved. Sixth, we must encourage the devel- the burden and cost of care will con- We receive hundreds of requests from char- opment of consistent standards for use tinue to be shifted to the child welfare, ities for donations through letters, but this of evidence in policy debates. education, and juvenile justice sys- was the first time I was face to face with a Mr. President, this Congress has tems. These overburdened systems are twelve year old boy wanting to help the worked in a bipartisan fashion to ad- often not able to provide needed serv- needy. It was touching and in a society that dress mental health parity. As policy ices, and many are forced to go without some times only remembers the needy dur- makers, we can continue to address the ing the holidays, it was refreshing. treatment. This will continue to be the needs of the mental health community case. With Bloomingdale’s assistance. by working with educators, health I have seen first hand in my State at Jeremy’s desire to make a difference in plans, employers, and researchers to facilities like Hazelden and others, the his community has resulted in a full- encourage them to meet these other benefits that drug and alcohol treat- scale campaign called, Making a World important objectives. I believe our ment can bring to the lives of millions of Difference, which will run through health care system can meet these of Americans. Alcohol and other drug the year. The campaign, which began goals. However, it requires cooperation addictions effect 10% of American in February, consists of an appeal to from the entire health care commu- adults and 3 percent of our youth. Un- all of Bloomingdale’s customers for do- nity. I urge my colleagues in the U.S. treated addition last year alone cost nations for the needy, including food, Senate to consider the issues of mental this Nation nearly $167 billion. Ulti- clothing and furniture. health in this broader context; as well Over the years I have said many as, to continue to educate ourselves on mately we all bear the cost of delays or gaps in mental health and substance times that individuals must play a the mental health issues that impact greater role in the fight to make our our health system and society as a abuse services. Sadly, that fact has not been changed by the passage of Senator communities safer, more prosperous, whole.∑ DOMENICI’s and my amendment. and simply better places for all of us to f We have much more work to do and live. Jeremy’s work to make south MENTAL HEALTH PARITY I look forward to consideration of leg- Florida a better place for all its resi- dents to live exemplifies that ideal. ∑ Mr. WELLSTONE. Yesterday, Presi- islation which would provide full par- John Randolph once wrote, ‘‘Life is dent Clinton signed the VA/HUD appro- ity coverage for mental health and sub- priation bill and the Mental Health stance abuse services. I am grateful for not so important as the duties of life.’’ Parity amendment which was included the advocacy, hard work, and compas- Only 12 years old, Jeremy Marks-Peltz in the appropriated bill into law. For sion of the mental health and sub- has already learned this lesson well. all of us who worked so hard to achieve stance abuse community. Without His compassion, commitment, and un- passage of the parity amendment, the them, we could not have achieved such derstanding of what is genuinely im- enactment of the provision represented success this year. This victory was portant in this world are truly shining more than the insurance policy made possible because families and examples for all of us.∑ changes that the provision will actu- friends of people struggling with men- f ally require. Passage of the legislation tal illnesses were willing to speak out TRIBUTE TO FIRST TENNESSEE is a symbol of fairness, progress and in public. This issue has a human face BANK hope for millions of Americans and now and that made it possible to win their families who, for far too long, votes and enact legislation. ∑ Mr. FRIST. Mr. President, I rise have been victims of discrimination— I look forward to continuing to work today to salute First Tennessee Na- families who for far too long have been with Senators DOMENICI, KENNEDY and tional Corporation, an innovative com- thrust into bankruptcy, or denied ac- CONRAD to expand coverage for mental pany that maintains company success cess to cost-effective treatments be- health and substance abuse services by focusing on a family-friendly envi- cause their illness was a mental illness and I also want to take this moment to ronment. First Tennessee Bank’s suc- and not a physical illness like cancer thank Senators SIMPSON and KASSE- cess can be attributed in part to the or heart disease. Mental illness has, in BAUM who will not be here next year amount of time and effort they put one way or another, touched the lives but were critical in enabling us to take into maintaining a positive employee- of many of us who work here on Cap- the first critical step toward parity.∑ company relationship. itol Hill and I am pleased that the f Three years ago, First Tennessee de- 104th Congress was able to take this veloped its Family Matters program to TRIBUTE TO JEREMY MARKS- first and very necessary step toward address concerns that involved the PELTZ parity. work-family relationship. They real- I want to take this opportunity to ∑ Mr. MACK. Mr. President, every day ized early on that employee job per- say that while the passage of this Americans are exposed to much of formance did not rely solely on the amendment was a historic step forward what is wrong with America and not working conditions at the office. Per- for people with mental illnesses, the enough about what is good and right sonal time influenced employees’ over- amendment was a fist step and a first across our Nation and in our commu- all attitude, and in turn, their attitude step only. It does not require parity for nities. toward work. First Tennessee adopted copayments or deductibles or inpatient It is in that light that I rise today to a non-traditional work schedule that days or outpatient visit limits. It also speak about a young man in Florida gives employees more freedom to ad- does not include substance abuse serv- whose compassion and humanity just their schedules around personal ices. My State of Minnesota has passed should serve as a reminder to all of us needs or family obligations. Family legislation which goes much further that there is much about America that Matters trained managers and super- than what we were able to accomplish is good and right—12 year old Jeremy visors to work with employees who in this Congress. Minnesota requires Marks-Peltz of Kendall, FL. wanted flexible work hours to give that health plans provide full parity Last year Jeremy was on a boat tour them the time they needed without coverage for mental health and sub- in south Florida and saw the unfortu- sacrificing job productivity. Variations stance abuse services. The cost impact nate plight of homeless people living in of the flexible hours differ, but one of this legislation in Minnesota has cardboard boxes. He decided he wanted good example can be seen at First Ten- been minimal according to a recent to help them, and began organizing a nessee’s downtown Chattanooga branch study based on preliminary data. food, clothes and furniture drive for office. Richard Grant, Vice President of S11570 CONGRESSIONAL RECORD — SENATE September 27, 1996 Business Development and Manager of Armed only with this vision and his age of one plane a year is lost to old the word processing center, was ap- irresponsible charm and enthusiasm, age or accidents. In meetings with the proached by two of his employees in Bill Wiley came to see me several years Armed Service Committee, to which the word processing center who wanted ago to lay out his plans for EMSL, un- the bill was referred, the Forest Serv- to stagger their work hours and give daunted by skeptics who had told him ice estimated that they will need ac- themselves a day off every other Fri- at every turn that it might be a good cess to 20 additional planes over the day. He agreed, and the women were idea, but the Congress was unlikely to next 3 to 5 years to maintain service not only happier, their productivity in embrace such a costly project. I must and meet increasing demands. their high stress jobs has increased. say that had it been anyone other than The most obvious source of these Now they work longer 4-day weeks one Bill Wiley pushing the dream, the skep- planes is surplus military equipment. week, followed by a regular 5-day work tics probably would have been right. But the Forest Service and the Depart- week the next. But Bill not only convinced me that it ment of Defense have found that the Mr. President, First Tennessee’s ef- was worth doing, he persuaded all the planes are not making it through the forts have paid off. They were recently other relevant players that not only system to be available for purchase by named the number one family-friendly was it something we could do, but that private contractors. In response, this company by Business Week magazine. it was something a great nation should bill would give the Secretary of De- This is a fine example of how change not fail to do. I visited the EMSL facil- fense the option of making fire fighting and risk-taking are beneficial to the ity in its late stages of construction needs a priority for the sale of aircraft growth of companies. First Tennessee shortly before Bill’s death last sum- excess to the needs of the Department. has seen the benefits of its Family mer. Anyone who ever harbored doubts The Secretary of Defense would do so Matters program and other family about the wisdom of this research facil- only in response to a request from the friendly programs in elevated company ity should go have a look when it opens Secretary of Agriculture. The legisla- morale, improved productivity and in- its doors next month. It will be home tion ensures that aircraft could only be creased employee tenure. to America’s finest scientists employ- available for purchase by companies First Tennessee’s interest in improv- ing the latest tools doing the best re- certified to have Forest Service con- ing itself from the inside out is an ex- search in the world today. And it is a tracts to fight fires, and requires the ample to us all that every organization point of special pride to those of us Secretary of Defense to develop regula- can make improvements. Taking a who were his friends that they will be tions to enforce restrictions that the proactive approach and involving em- doing so in the building named in aircraft sold would only be used for fire ployees in the learning process is a memory of William R. Wiley. fighting purposes. greatly admired advance toward com- This African-American son of an Ox- We do not have time to waste. It will pany improvement. First Tennessee ford, MS, cobbler served his Nation take an estimated 1 to 2 years to retro- has been innovative and is sure to con- well professionally and as a humani- fit a plane to be used to fight forest tinue to see added improvements and tarian who was never too busy in his and range fires. By Forest Service esti- benefits due to its responsibility to its career to help the less fortunate who mates, we are already two planes short employees as well as its customers.∑ were trying to work their way up the of an adequate fire fighting fleet. The f ladder or merely to get to the first 1996 fire season has already burned rung of the ladder. I know many col- nearly 6 million acres across the coun- TRIBUTE TO DR. BILL WILEY leagues join me in expressing our con- try. That is three times the 10 year av- ∑ Mr. JOHNSTON. Mr. President, I dolences to Bill’s loving wife Gus and erage, but it is not much more than we have been privileged in my career in to his daughter Johari Wiley-Johnson saw burn in 1994. These fires are burn- the U.S. Senate, through my work on and in expressing our deep gratitude ing more intensely, with devastating the Energy and Natural Resources for the paths that Bill Wiley charted effects on the environment, and creat- Committee and on the Appropriations and the mark he left behind.∑ ing dangerous situations for our citi- Subcommittee on Energy and Water f zens. In my own State, local and Fed- Development, to work with many of eral officials are working around the the great scientific minds of this coun- THE WILDFIRE SUPPRESSION clock to ensure that the scorched hill- try. I rise today to pay tribute to one AIRCRAFT TRANSFER ACT sides above Boise to try to minimize of those scientists with whom I worked ∑ Mr. KEMPTHORNE. Mr. President, the devastating mudslides that are especially closely and who was a long- late last night the Senate acted to only a few inches of rain away. In the time close personal friend before his adopt S. 2078, the Wildfire Suppression way of those mudslides are schools, death last summer. Aircraft Transfer Act. Senator BINGA- homes, the downtown district, and our Dr. Bill Wiley of the Battelle Memo- MAN of New Mexico and I introduced State capitol building. rial Institute built a monumental ca- this bill, along with Senator CRAIG I am pleased my colleagues recog- reer and left a huge legacy first and with the support of the administration nized the urgency, and agreed to adopt foremost because of his special gifts 2 weeks ago. Senator KYL has joined us this legislation to make it possible for and training as a fine scientist. His as a cosponsor, and the bill has been the Forest Service to have access to achievements over his 31-year career cleared by the Armed Services Com- the equipment they need to keep our with Battelle, beginning as a staff re- mittee. citizens, their property and our natural search scientist and ending with his po- This summer, more acres have resources safe from catastrophic fires.∑ sition as vice president for Science and burned than in any other fires season f Technology, contributed significantly in the past 50 years, and unfortunately, to this country’s scientific understand- this fire season is not over yet. Forest TRIBUTE TO CHARLES M. PIGOTT ing. scientists warn us that severe fire sea- ∑ Mr. GORTON. Mr. President, at the But I believe that the work for which sons are becoming more and more fre- end of this year Mr. Charles M. Pigott Bill Wiley should and will be best re- quent, which is a real cause of concern will step down as chairman and chief membered is the concrete result of his when rural populations growth is in- executive officer of PACCAR, Inc. vision which is now nearing completion creasing the number of private homes Today I would like to recognize Mr. on the banks of the Columbia River in that come into direct contact with Pigott for his superb achievements and Richland, WA, the Environmental Mo- fires on Federal lands. to pay tribute to a thoughtful and con- lecular Sciences Laboratory [EMSL], The Forest Service has determined siderate friend. which will be the jewel of the Pacific that the existing fleet of aircraft is in- Guided for nearly three decades by Northwest National Laboratory and adequate to meet Federal obligations Mr. Pigott’s steady hand, PACCAR is which may very well hold the key to to control fire to protect lives, prop- now America’s largest domestically this country’s Herculean effort to the erty and resources. The fleet available owned truck manufacturer. His pursuit cleanup of the Hanford Nuclear Res- to them consists currently of 39 planes, of quality and innovation has left a ervation and other, similar sites two thirds of which are World War II lasting imprint on the company and around the country. and Korean war era aircraft. An aver- American industry as well. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11571 Mr. Pigott began at PACCAR with a resentative, advocating for readers of under the Federal Power Act applicable summer job in 1945. He went on to re- the daily and Sunday papers. He was to the construction of a hydroelectric ceive an engineering degree from Stan- once again recognized by his peers for project in Oregon, and for other pur- ford University, then served as a Navy his dedication to journalism by being poses, was considered, ordered to a aviator in Korea. When his tour of duty asked to serve as president of the New third reading, read the third time, and ended, he rejoined PACCAR. In 1967 he England Society of Newspaper Editors passed. became chief executive officer. He in 1993. f oversaw a period of great change in the Dave has always been a hard worker, industry, a period in which trucks be- a requirement when you work for one FEDERAL POWER ACT DEADLINE came safer, more efficient and longer- of Maine’s leading newspapers. His co- EXTENSION lasting. workers hold him in the highest es- The bill (H.R. 657) to extend the dead- The technical center Mr. Pigott built teem, including one member of the line under the Federal Power Act appli- has brought forth many new products Sun-Journal staff who referred to him cable to the construction of three hy- and innovations. They include the aer- as a quiet leader with sound judgment. droelectric projects in the State of Ar- odynamic Kenworth T600, which was so Dave gave himself and his time to all kansas, was considered, ordered to a widely acclaimed and imitated it who asked and the people who turned third reading, read the third time, and changed the look of heavy-duty trucks; to him who knew that they were heard. passed. the Kenworth T2000, PACCAR’s newest Dave is a remarkable person who has f edition; and the more than 330 patents dedicated his life to journalism and in- PACCAR has garnered under Mr. tegrity. FEDERAL POWER ACT DEADLINE Pigott. I commend his commitment to his EXTENSION The market, of course, rewards qual- family, his coworkers, and to Maine The bill (H.R. 2695) to extend the ity. Nearly one out of four class 8 journalism.∑ deadline under the Federal Power Act trucks sold in America today is a f applicable to the construction of cer- Peterbilt or Kenworth. And company tain hydroelectric projects in the State sales have, on Mr. Pigott’s watch, THE CALENDAR of Pennsylvania, was considered, or- grown from $320 million to $4.5 billion Mr. NICKLES. Mr. President, I ask dered to a third reading, read the third annually. Net income increased almost unanimous consent that the Senate time, and passed. sixteen-fold, and shareholders’ equity proceed to the consideration of the fol- f from $88 million to well over $1.2 bil- lowing bills, en bloc: Calendar Nos. 369, lion. It is remarkable that every year 488, 235, 238, 371, 233, 236, 237, 368, 232, FEDERAL POWER ACT DEADLINE in which Mr. Piggot was CEO, 370, 372, and 373. EXTENSION PACCAR, recorded a profit. The PRESIDING OFFICER. Without The bill (H.R. 1011) to extend the Mr. Pigott has made his mark in the objection, it is so ordered. deadline under the Federal Power Act community as well. For nearly five Mr. NICKLES. Mr. President, I ask application to the construction of a hy- decades he has worked with the Boy unanimous consent that the bills be droelectric project in the State of Ohio, Scouts of America, serving as president deemed read the third time, passed, the was considered, ordered to a third read- of both the Chief Seattle Council and motion to reconsider be laid upon the ing, read the third time, and passed. the National Council. He has been gen- table, that any statements relating to f eral campaign chairman and trustee these measures be placed at this point for United Way of King County, chair- in the RECORD, and that the preceding HYDROELECTRIC PROJECT man of the Washington Roundtable and all occur en bloc. EXTENSION in leadership positions for many other The PRESIDING OFFICER. Without The bill (H.R. 1335) to provide for the cultural and civic organizations. He objection, it is so ordered. extension of a hydroelectric project in also heads the PACCAR Foundation, f the State of West Virginia, was consid- which distributes approximately $3 ered, ordered to a third reading, read million yearly to civic, cultural, edu- FEDERAL POWER ACT DEADLINE the third time, and passed. cational and health and welfare causes EXTENSION f in communities where PACCAR does The bill (H.R. 2501) to extend the business. deadline under the Federal Power Act FERC-ISSUED HYDROELECTRIC LI- Mr. Pigott has been blessed with a applicable to the construction of a hy- CENSE TIME LIMITATION EXTEN- wonderful family. He and his wife droelectric project in Kentucky, and SION Yvonne have raised seven fine children. for other purposes, was considered, or- When Mr. Pigott steps down on De- The bill (H.R. 1366) to authorize the dered to a third reading, read the third cember 31, 1996, he will continue family extension of time limitation for the time, and passed. tradition and hand leadership over to FERC-issued hydroelectric license for his son. I congratulate him on a splen- f the Mt. Hope Waterpower Project, was did career, thank him for his contribu- considered, ordered to a third reading, THE ILLEGAL IMMIGRATION read the third time, and passed. tions to American industry, and wish CONTROL ACT OF 1996 him all the best in his retirement.∑ f The bill (H.R. 1014) to amend the Im- f migration and Nationality Act and FEDERAL POWER ACT DEADLINE TRIBUTE TO DAVID EHRENFRIED other laws of the United States relat- EXTENSION ∑ Mr. COHEN. Mr. President, recently, ing to border security, illegal immigra- The bill (H.R. 2773) to extend the Dave Ehrenfried retired after 40 years tion, alien eligibility for Federal finan- deadline under the Federal Power Act as an editor and cornerstone of Lewis- cial benefits and services, criminal ac- applicable to the construction of two ton, ME’s Sun-Journal. tivity by aliens, alien smuggling, hydroelectric projects in North Caro- He began at the paper in 1956, where fraudulent document use by aliens, lina, and for other purposes, was con- he quickly showed his talent for news- asylum, terrorist aliens, and for other sidered, ordered to a third reading, paper reporting. Dave held many posi- purposes, was considered, ordered to be read the third time, and passed. tions throughout his tenure at the Sun- engrossed for a third reading, read the f Journal. Most notably, his work was third time, and passed. recognized by the New England News f FERC LICENSED HYDRO PROJECTS Executives Association with a first The bill (H.R. 680) to extend the time place award for editorial writing in FEDERAL POWER ACT DEADLINE for construction of certain FERC li- 1982. In 1988, Dave was named the as- EXTENSION censed hydro projects, was considered, sistant executive editor at the Sun- The bill (H.R. 1290) to reinstate the ordered to a third reading, read the Journal and in 1991 he became a rep- permit for, and extend the deadline third time, and passed. S11572 CONGRESSIONAL RECORD — SENATE September 27, 1996 HYDROELECTRIC PROJECT ‘‘(1) Notwithstanding the time limitations S. 737 DEADLINE EXTENSION of section 13 of the Federal Power Act, the Be it enacted by the Senate and House of Rep- Federal Energy Regulatory Commission, resentatives of the United States of America in The bill (H.R. 2630) to extend the upon the request of the licensee for project Congress assembled, deadline for commencement of con- number 3943 (and after reasonable notice), SECTION 1. SHORT TITLE. struction of a hydroelectric project in may extend the time required for commence- This Act may be cited as the ‘‘Federal the State of Illinois, was considered, ment of construction of such project for not Power Act Amendments of 1996’’. ordered to a third reading, read the more than 3 consecutive 2-year periods, in SEC. 2. LIMITED EXEMPTION TO HYDRO- third time, and passed. accordance with paragraphs (2) and (3). ELECTRIC LICENSING PROVISIONS ‘‘(2) An extension may be granted under FOR TRANSMISSION FACILITIES AS- f paragraph (1) only in accordance with— SOCIATED WITH THE EL VADO HY- ‘‘(A) the good faith, due diligence, and pub- DROELECTRIC PROJECT. FEDERAL POWER ACT DEADLINE lic interest requirements contained in sec- (a) EXEMPTION.—Part I of the Federal EXTENSION AND LICENSE REIN- tion 13 of the Federal Power Act; and Power Act, and the jurisdiction of the Fed- STATEMENT ‘‘(B) the procedures of the Federal Energy eral Energy Regulatory Commission under Regulatory Commission under such section. such part I, shall not apply to the trans- The bill (H.R. 2816) to reinstate the ‘‘(3) This subsection shall take effect for mission line facilities associated with the El license for, and extend the deadline project number 3943 upon the expiration of Vado Hydroelectric Project (FERC Project under the Federal Power Act applicable the extension of the period required for com- No. 5226–002) which are described in sub- to the construction of, a hydroelectric mencement of construction of such project section (b). project in Ohio, and for other purposes, issued by the Federal Energy Regulatory (b) FACILITIES COVERED BY EXEMPTION.— Commission under section 13 of the Federal The facilities to which the exemption under was considered, ordered to a third read- Power Act. subsection (a) applies are those transmission ing, read the third time, and passed. ‘‘(b) PROJECT NUMBER 3944.— facilities located near the Rio Chama, a trib- f ‘‘(1) Notwithstanding the time limitations utary of the Rio Grande, in Rio Arriba Coun- of section 13 of the Federal Power Act, the ty, New Mexico, referred to as the El Vado FEDERAL POWER ACT DEADLINE Federal Energy Regulatory Commission, transmission line, a three phase 12-mile long EXTENSION upon the request of the licensee for FERC 69 kV power line installed within a 50-foot project number 3944 (and after reasonable no- wide right-of-way in Rio Arriba County, New The bill (H.R. 2869) to extend the tice), may extend the time required for com- Mexico, originating at the El Vado Project’s deadline for commencement of con- mencement of construction of such project switchyard and connecting to the Spills 69 struction of a hydroelectric project in for not more than 3 consecutive 2-year peri- kV Switching Station operated by the the State of Kentucky, was considered, ods, in accordance with paragraphs (2) and Northern Arriba Electric Cooperative, Inc. ordered to a third reading, read the (3). SEC. 3. ALASKA STATE JURISDICTION OVER ‘‘(2) An extension may be granted under SMALL HYDROELECTRIC PROJECTS. third time, and passed. paragraph (1) only in accordance with— The Federal Power Act, as amended, (16 ‘‘(A) the good faith, due diligence, and pub- U.S.C. 1791a et seq.) is further amended by f lic interest requirements contained in sec- adding the following at the end of section 23: tion 13 of the Federal Power Act; and ‘‘(c) In the case of any project works in the FEDERAL POWER ACT ‘‘(B) the procedures of the Commission State of Alaska— AMENDMENTS under such section. ‘‘(1) that are not part of a project licensed ‘‘(3) This subsection shall take effect for under this Act prior to the date of enact- Mr. NICKLES. Mr. President, I ask project number 3944 upon the expiration of ment of this subsection; unanimous consent that the Senate the extension of the period required for com- ‘‘(2) for which a license application has not proceed to the consideration of Cal- mencement of construction of such project been accepted for filing by the Commission issued by the Commission under section 13 of endar No. 100, S. 737. prior to the date of enactment of this sub- the Federal Power Act. section (unless such application is with- The PRESIDING OFFICER. Without ‘‘SEC. 6. REFURBISHMENT AND CONTINUED OP- objection, it is so ordered. drawn at the election of the applicant); ERATION OF A HYDROELECTRIC FA- ‘‘(3) having a power production capacity of CILITY IN MONTANA. The clerk will report. 5,000 kilowatts or less; ‘‘Notwithstanding section 10(e)(1) of the The legislative clerk read as follows: ‘‘(4) located entirely within the boundaries Federal Power Act or any other law requir- A bill (S. 737) to extend the deadlines appli- of the State of Alaska; and ing payment to the United States of an an- ‘‘(5) not located in whole or in part on any cable to certain hydroelectric projects, and nual or other charge for the use, occupancy, Indian reservation, unit of the National Park for other purposes. and enjoyment of land by the holder of a li- The PRESIDING OFFICER. Is there cense issued by the Federal Energy Regu- System, component of the Wild and Scenic objection to the immediate consider- latory Commission under Part I of the Fed- Rivers System or segment of a river des- ignated for study for potential addition to ation of the bill? eral Power Act, a political subdivision of the State of Montana that accepts the terms and such system, There being no objection, the Senate the State of Alaska shall have the exclusive proceeded to consider the bill. conditions of a license for Federal Energy Regulatory Commission project number 1473 authority to authorize such project works AMENDMENT NO. 5412 in Granite County and Deer Lodge County, under State law, in lieu of licensing by the Mr. NICKLES. Mr. President, I send Montana— Commission under the otherwise applicable an amendment to the desk and ask for ‘‘(a) shall not be required to pay any such provisions of this part, effective upon the date on which the Governor of the State of its immediate consideration. charge with respect to the 5-year period fol- lowing the date of acceptance; and Alaska notifies the Secretary of Energy that The PRESIDING OFFICER. The ‘‘(b) after that 5-year period and for so long the State has in place a process for regulat- clerk will report. as the political subdivision holds the license, ing such projects which gives appropriate The legislative clerk read as follows: shall be required to pay such charges under consideration to the improvement or devel- opment of the State’s waterways for the use The Senator from Oklahoma [Mr. NICK- section 10(e)(1) of the Federal Power Act or or benefit of intrastate, interstate, or foreign LES], for Mr. MURKOWSKI, proposes an amend- any other law for the use, occupancy, and en- ment numbered 5412. joyment of the land covered by the license as commerce, for the improvement and use of the Federal Energy Regulatory Commission waterpower development, for the adequate Mr. NICKLES. Mr. President, I ask or any other federal agency may assess, not protection, mitigation of damage to, and en- unanimous consent that reading of the to exceed a total of $20,000 for any year.’’. hancement of fish and wildlife (including re- amendment be dispensed with. lated spawning grounds), and for other bene- Mr. NICKLES. I ask unanimous con- ficial public uses, including irrigation, flood The PRESIDING OFFICER. Without sent that the amendment No. 5412 of- objection, it is so ordered. control, water supply, recreational and other fered by Senator MURKOWSKI be agreed purposes, and Indian rights, if applicable. The amendment is as follows: to, the bill be deemed read the third ‘‘(d) In the case of a project that would be Beginning on page 2, line 1, through page 6, time, and passed, the motion to recon- subject to authorization by the State under line 6, strike sections 2, 3, 4, 5 and 6, and re- sider be laid upon the table. subsection (c) but for the fact that the number subsequent sections accordingly. The PRESIDING OFFICER. Without project has been licensed by the Commission On page 9, following line 17, add the follow- objection, it is so ordered. prior to the enactment of subsection (c), the ing new section: The amendment (No. 5412) was agreed licensee of such project may in its discretion elect to make the project subject to the au- ‘‘SEC. 5. EXTENSION OF COMMENCEMENT OF to. CONSTRUCTION DEADLINE FOR thorizing authority of the State. CERTAIN HYDROELECTRIC The bill (S. 737), as amended, was ‘‘(e) With respect to projects located in PROJECTS LOCATED IN ILLINOIS. deemed read the third time, and whole or in part on Federal lands, State au- ‘‘(a) PROJECT NUMBER 3943.— passed, as follows: thorizations for project works pursuant to September 27, 1996 CONGRESSIONAL RECORD — SENATE S11573 subsection (c) of this section shall be subject (2) after that 5-year period and for so long mediate consideration of H.R. 3877, just to the approval of the Secretary having ju- as the political subdivision holds the license, receive from the House. risdiction with respect to such lands and shall be required to pay such charges under The PRESIDING OFFICER. The subject to such terms and conditions as the section 10(e)(1) of the Federal Power Act or clerk will report. Secretary may prescribe. any other law for the use, occupancy, and en- The legislative clerk read as follows: ‘‘(f) Nothing in subsection (c) shall pre- joyment of the land covered by the license as empt the application of Federal environ- the Federal Energy Regulatory Commission A bill (H.R. 3877) to designate the ‘‘David ment, natural, or cultural resources protec- or any other Federal agency may assess, not H. Pryor Post Office Building’’ in Camden, tion laws according to their terms.’’. to exceed a total of $20,000 for any year. Arkansas. SEC. 4. FERC VOLUNTARY LICENSING OF HYDRO- f The PRESIDING OFFICER. Is there ELECTRIC PROJECTS ON FRESH WA- TERS IN THE STATE OF HAWAII. objection to the immediate consider- RELOCATION OF THE PORTRAIT ation of the bill? Section 4(e) of the Federal Power Act is MONUMENT amended by striking ‘‘several States, or There being no objection, the Senate upon’’ and inserting ‘‘several States (except Mr. NICKLES. Mr. President, I ask proceeded to consider the bill. fresh waters in the State of Hawaii, unless a unanimous consent that the Senate Mr. NICKLES. I ask unanimous con- license would be required by section 23 of the proceed to the immediate consider- sent that the bill be read three times, Act), or upon’’. ation of H. Con. Res. 216, just received passed, and that the motion to recon- SEC. 5. EXTENSION OF COMMENCEMENT OF CON- sider be laid on the table. STRUCTION DEADLINE FOR CER- from the House. TAIN HYDROELECTRIC PROJECTS The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without LOCATED IN ILLINOIS. objection, it is so ordered. objection, it is so ordered. (a) PROJECT NUMBER 3943.— The clerk will report. The bill (H.R. 3877) was deemed read (1) Notwithstanding the time limitations The legislative clerk read as follows: a third time, and passed. of section 13 of the Federal Power Act, the A concurrent resolution (H. Con. Res. 216) f Federal Energy Regulatory Commission, providing for relocation of the Portrait upon the request of the licensee for project Monument. CHILD ABUSE PREVENTION AND number 3943 (and after reasonable notice), The PRESIDING OFFICER. Is there TREATMENT ACT AMENDMENTS may extend the time required for commence- OF 1996 ment of construction of such project for not objection to the immediate consider- more than 3 consecutive 2-year periods, in ation of the concurrent resolution? Mr. NICKLES. Mr. President, I ask accordance with paragraphs (2) and (3). There being no objection, the Senate the Chair lay before the Senate a mes- (2) An extension may be granted under proceeded to consider the concurrent sage from the House of Representatives paragraph (1) only in accordance with— resolution. on (S. 919) to modify and reauthorize (A) the good faith, due diligence, and pub- Mr. NICKLES. Mr. President, I ask the Child Abuse Prevention and Treat- lic interest requirements contained in sec- tion 13 of the Federal Power Act; and unanimous consent that the resolution ment Act, and for other purposes. (B) the procedures of the Federal Energy be agreed to, the preamble be agreed The PRESIDING OFFICER laid be- Regulatory Commission under such section. to, the motion to reconsider be laid fore the Senate the following message (3) This subsection shall take effect for upon the table, and that any state- from the House of Representatives: project number 3943 upon the expiration of ments relating to the resolution be Resolved, That the bill from the Senate (S. the extension of the period required for com- placed at the appropriate place in the 919) entitled ‘‘An Act to modify and reau- mencement of construction of such project RECORD. thorize the Child Abuse Prevention and issued by the Federal Energy Regulatory The PRESIDING OFFICER. Without Treatment Act, and for other purposes’’, do Commission under section 13 of the Federal pass with the following amendment: Power Act. objection, it is so ordered. Strike out all after the enacting clause, (b) PROJECT NUMBER 3944.— The concurrent resolution (H. Con. and insert: (1) Notwithstanding the time limitations Res. 216) was agreed to. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of section 13 of the Federal Power Act, the The preamble was agreed to. (a) SHORT TITLE.—This Act may be cited as Federal Energy Regulatory Commission, f the ‘‘Child Abuse Prevention and Treatment Act upon the request of the licensee for FERC MEDICAID CERTIFICATION ACT OF Amendments of 1996’’. project number 3944 (and after reasonable no- (b) TABLE OF CONTENTS.—The table of con- tice), may extend the time required for com- 1995 tents of this Act is as follows: mencement of construction of such project Mr. NICKLES. Mr. President, I ask Sec. 1. Short title; table of contents. for not more than 3 consecutive 2-year peri- unanimous consent that the Senate im- TITLE I—AMENDMENTS TO THE CHILD ods, in accordance with paragraphs (2) and ABUSE PREVENTION AND TREATMENT ACT (3). mediately proceed to the consideration (2) An extension may be granted under of H.R. 1791, which is at the desk. Sec. 100. Findings. paragraph (1) only in accordance with— The PRESIDING OFFICER. The Subtitle A—General Program (A) the good faith, due diligence, and pub- clerk will report. Sec. 101. Office on Child Abuse and Neglect. lic interest requirements contained in sec- The legislative clerk read as follows: Sec. 102. Advisory Board on Child Abuse and tion 13 of the Federal Power Act; and A bill (H.R. 1791) to amend title XIX of the Neglect. (B) the procedures of the Commission Social Security Act to make certain tech- Sec. 103. Repeal of Inter-Agency Task Force on under such section. nical corrections relating to physicians’ Child Abuse and Neglect. (3) this subsection shall take effect for services. Sec. 104. National clearinghouse for informa- project number 3944 upon the expiration of The PRESIDING OFFICER. Is there tion relating to child abuse. the extension of the period required for com- Sec. 105. Research, evaluation and assistance mencement of construction of such project objection to the immediate consider- activities. issued by the Commission under section 13 of ation of the bill? Sec. 106. Grants for demonstration programs. the Federal Power Act. There being no objection, the Senate Sec. 107. State grants for prevention and treat- SEC. 6. REFURBISHMENT AND CONTINUED OPER- proceeded to consider the bill. ment programs. ATION OF A HYDROELECTRIC FACIL- Mr. NICKLES. I ask unanimous con- Sec. 108. Repeal. ITY IN MONTANA. sent the bill be deemed read a third Sec. 109. Miscellaneous requirements. Sec. 110. Definitions. Notwithstanding section 10(e)(1) of the time, passed, the motion to reconsider Federal Power Act or any other law requir- Sec. 111. Authorization of appropriations. ing payment to the United States of an an- be laid on the table, and that any Sec. 112. Rule of construction. nual or other charge for the use, occupancy, statements relating to the bill appear Sec. 113. Technical and conforming amend- and enjoyment of land by the holder of a li- at this point in the RECORD. ments. cense issued by the Federal Energy Regu- The PRESIDING OFFICER. Without Subtitle B—Community-Based Family Resource latory Commission under part I of the Fed- objection, it is so ordered. and Support Grants eral Power Act, a political subdivision of the The bill (H.R 1791) was deemed read a Sec. 121. Establishment of program. State of Montana that accepts the terms and third time, and passed. Subtitle C—Certain Preventive Services Regard- conditions of a license for Federal Energy f ing Children of Homeless Families or Families Regulatory Commission project number 1473 At Risk of Homelessness in Granite County and Deer Lodge County, DAVID H. PRYOR POST OFFICE Sec. 131. Repeal of title III. Montana— BUILDING IN CAMDEN, AR (1) shall not be required to pay any such Subtitle D—Miscellaneous Provisions charge with respect to the 5-year period fol- Mr. NICKLES. I ask unanimous con- Sec. 141. Table of contents. lowing the date of acceptance; and sent that the Senate proceed to the im- Sec. 142. Repeals of other laws. S11574 CONGRESSIONAL RECORD — SENATE September 27, 1996 TITLE II—AMENDMENTS TO OTHER ACTS tions to the Secretary and to the appropriate (ii) in subparagraph (B), by adding ‘‘and’’ at Subtitle A—Family Violence Prevention and committees of Congress concerning specific is- the end; Services Act sues relating to child abuse and neglect. (iii) in subparagraph (C), by striking ‘‘; and’’ Sec. 201. State demonstration grants. ‘‘(b) SOLICITATION OF NOMINATIONS.—The at the end and inserting a period; and Sec. 202. Allotments. Secretary shall publish a notice in the Federal (iv) by striking subparagraph (D); and Sec. 203. Authorization of appropriations. Register soliciting nominations for the appoint- (D) by striking paragraph (3); and ment of members of the advisory board under (3) in subsection (c)— Subtitle B—Child Abuse Prevention and Treat- (A) in the matter preceding paragraph (1)— ment and Adoption Reform Act of 1978 subsection (a). ‘‘(c) COMPOSITION.—In establishing the board (i) by striking ‘‘In establishing’’ and inserting (‘‘Adoption Opportunities Act’’) under subsection (a), the Secretary shall ap- the following: Sec. 211. Findings and purpose. point members from the general public who are ‘‘(1) IN GENERAL.—In establishing’’; and Sec. 212. Information and services. (ii) by striking ‘‘Director’’ and inserting ‘‘Sec- individuals knowledgeable in child abuse and Sec. 213. Authorization of appropriations. retary’’; neglect prevention, intervention, treatment, or (B) by redesignating paragraphs (1) through Subtitle C—Abandoned Infants Assistance Act research, and with due consideration to rep- (4) as subparagraphs (A) through (D), respec- of 1988 resentation of ethnic or racial minorities and di- tively, and by moving the text of subparagraphs Sec. 221. Priority requirement. verse geographic areas, and who represent— (A) through (D) (as redesignated) 2 ems to the Sec. 222. Reauthorization. ‘‘(1) law (including the judiciary); Subtitle D—Reauthorization of Various ‘‘(2) psychology (including child develop- right; (C) in subparagraph (B) (as redesignated), by Programs ment); striking ‘‘that is represented on the task force’’ Sec. 231. Missing Children’s Assistance Act. ‘‘(3) social services (including child protective and inserting ‘‘involved with child abuse and Sec. 232. Victims of Child Abuse Act of 1990. services); ‘‘(4) medicine (including pediatrics); neglect and mechanisms for the sharing of such TITLE I—AMENDMENTS TO THE CHILD information among other Federal agencies and ABUSE PREVENTION AND TREATMENT ‘‘(5) State and local government; ‘‘(6) organizations providing services to dis- clearinghouses’’; ACT abled persons; (D) in subparagraph (C) (as redesignated), by SEC. 100. FINDINGS. ‘‘(7) organizations providing services to ado- striking ‘‘State, regional’’ and all that follows Section 2 of the Child Abuse Prevention and lescents; and inserting the following: ‘‘Federal, State, re- Treatment Act (42 U.S.C. 5101 note) is amend- ‘‘(8) teachers; gional, and local child welfare data systems ed— ‘‘(9) parent self-help organizations; which shall include— (1) in paragraph (1), to read as follows: ‘‘(10) parents’ groups; ‘‘(i) standardized data on false, unfounded, ‘‘(1) each year, close to 1,000,000 American ‘‘(11) voluntary groups; unsubstantiated, and substantiated reports; and children are victims of abuse and neglect;’’; ‘‘(12) family rights groups; and ‘‘(ii) information on the number of deaths due (2) in paragraph (3)(C), by inserting ‘‘assess- ‘‘(13) children’s rights advocates. to child abuse and neglect;’’; ment,’’ after ‘‘prevention,’’; ‘‘(d) VACANCIES.—Any vacancy in the mem- (E) by redesignating subparagraph (D) (as re- (3) in paragraph (4)— bership of the board shall be filled in the same designated) as subparagraph (F); (A) by striking ‘‘tens of’’; and manner in which the original appointment was (F) by inserting after subparagraph (C) (as re- (B) by striking ‘‘direct’’ and all that follows made. designated), the following new subparagraphs: through the semicolon and inserting ‘‘tangible ‘‘(e) ELECTION OF OFFICERS.—The board shall ‘‘(D) through a national data collection and expenditures, as well as significant intangible elect a chairperson and vice-chairperson at its analysis program and in consultation with ap- costs;’’; first meeting from among the members of the propriate State and local agencies and experts (4) in paragraph (7), by striking ‘‘remedy the board. in the field, collect, compile, and make available causes of’’ and inserting ‘‘prevent’’; ‘‘(f) DUTIES.—Not later than 1 year after the State child abuse and neglect reporting informa- (5) in paragraph (8), by inserting ‘‘safety,’’ establishment of the board under subsection (a), tion which, to the extent practical, shall be uni- after ‘‘fosters the health,’’; the board shall submit to the Secretary and the versal and case specific and integrated with (6) in paragraph (10)— appropriate committees of Congress a report, or other case-based foster care and adoption data (A) by striking ‘‘ensure that every community interim report, containing— collected by the Secretary; in the United States has’’ and inserting ‘‘assist ‘‘(1) recommendations on coordinating Fed- ‘‘(E) compile, analyze, and publish a summary States and communities with’’; and eral, State, and local child abuse and neglect of the research conducted under section 105(a); (B) after ‘‘child’’ insert ‘‘and family’’; and (7) in paragraph (11)— activities with similar activities at the Federal, and’’; and (A) by striking ‘‘child protection’’ each place State, and local level pertaining to family vio- (G) by adding at the end the following: ‘‘(2) CONFIDENTIALITY REQUIREMENT.—In car- that such term appears and inserting ‘‘child and lence prevention; rying out paragraph (1)(D), the Secretary shall family protection’’; and ‘‘(2) specific modifications needed in Federal (B) in subparagraph (D), by striking ‘‘suffi- and State laws and programs to reduce the ensure that methods are established and imple- cient’’. number of unfounded or unsubstantiated re- mented to preserve the confidentiality of records ports of child abuse or neglect while enhancing relating to case specific data.’’. Subtitle A—General Program the ability to identify and substantiate legiti- SEC. 105. RESEARCH, EVALUATION AND ASSIST- SEC. 101. OFFICE ON CHILD ABUSE AND NE- mate cases of abuse or neglect which place a ANCE ACTIVITIES. GLECT. child in danger; and (a) RESEARCH.—Section 105(a) of the Child Section 101 of the Child Abuse Prevention and ‘‘(3) recommendations for modifications need- Abuse Prevention and Treatment Act (42 (42 Treatment Act (42 U.S.C. 5101) is amended to ed to facilitate coordinated national data collec- U.S.C. 5105(a)) is amended— read as follows: tion with respect to child protection and child (1) in paragraph (1)— ‘‘SEC. 101. OFFICE ON CHILD ABUSE AND NE- welfare.’’. (A) in the matter preceding subparagraph (A), GLECT. SEC. 103. REPEAL OF INTER-AGENCY TASK FORCE by striking ‘‘, through the Center, conduct re- STABLISHMENT ‘‘(a) E .—The Secretary of ON CHILD ABUSE AND NEGLECT. search on’’ and inserting ‘‘, in consultation with Health and Human Services may establish an Section 103 of the Child Abuse Prevention and other Federal agencies and recognized experts in office to be known as the Office on Child Abuse Treatment Act (42 U.S.C. 5103) is repealed. the field, carry out a continuing interdiscipli- and Neglect. SEC. 104. NATIONAL CLEARINGHOUSE FOR IN- nary program of research that is designed to ‘‘(b) PURPOSE.—The purpose of the Office es- FORMATION RELATING TO CHILD provide information needed to better protect tablished under subsection (a) shall be to exe- ABUSE. children from abuse or neglect and to improve cute and coordinate the functions and activities Section 104 of the Child Abuse Prevention and the well-being of abused or neglected children, of this Act. In the event that such functions and Treatment Act (42 U.S.C. 5104) is amended— with at least a portion of such research being activities are performed by another entity or en- (1) in subsection (a), to read as follows: field initiated. Such research program may focus tities within the Department of Health and ‘‘(a) ESTABLISHMENT.—The Secretary shall on’’; Human Services, the Secretary shall ensure that through the Department, or by one or more con- (B) by redesignating subparagraphs (A) such functions and activities are executed with tracts of not less than 3 years duration let through (C) as subparagraph (B) through (D), the necessary expertise and in a fully coordi- through a competition, establish a national respectively; nated manner involving regular clearinghouse for information relating to child (C) by inserting before subparagraph (B) (as intradepartmental and interdepartmental con- abuse.’’; so redesignated) the following new subpara- sultation with all agencies involved in child (2) in subsection (b)— graph: abuse and neglect activities.’’. (A) in the matter preceding paragraph (1), by ‘‘(A) the nature and scope of child abuse and SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND striking ‘‘Director’’ and inserting ‘‘Secretary’’; neglect;’’; NEGLECT. (B) in paragraph (1)— (D) in subparagraph (B) (as so redesignated), Section 102 of the Child Abuse Prevention and (i) by inserting ‘‘assessment,’’ after ‘‘preven- to read as follows: Treatment Act (42 U.S.C. 5102) is amended to tion,’’; and ‘‘(B) causes, prevention, assessment, identi- read as follows: (ii) by striking ‘‘, including’’ and all that fol- fication, treatment, cultural and socio-economic ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE lows and inserting ‘‘; and’’; distinctions, and the consequences of child AND NEGLECT. (C) in paragraph (2)— abuse and neglect;’’; and ‘‘(a) APPOINTMENT.—The Secretary may ap- (i) in subparagraph (A), by striking ‘‘general (E) in subparagraph (D) (as so redesig- point an advisory board to make recommenda- population’’ and inserting ‘‘United States’’; nated)— September 27, 1996 CONGRESSIONAL RECORD — SENATE S11575 (i) by striking clause (ii); (1) in the heading preceding paragraph (1), by reports of child abuse and neglect including pro- (ii) in clause (iii), to read as follows: striking ‘‘(e)’’ and inserting ‘‘(d)’’; grams of collaborative partnerships between the ‘‘(ii) the incidence of substantiated and un- (2) in paragraph (1)— State child protective services agency, commu- substantiated reported child abuse cases;’’; and (A) in subparagraph (A)— nity social service agencies and family support (iii) by adding at the end the following: (i) by striking ‘‘establish a formal’’ and insert- programs, schools, churches and synagogues, ‘‘(iii) the number of substantiated cases that ing ‘‘, in consultation with experts in the field and other community agencies to allow for the result in a judicial finding of child abuse or ne- and other federal agencies, establish a formal, establishment of a triage system that— glect or related criminal court convictions; rigorous, and meritorious’’; ‘‘(i) accepts, screens and assesses reports re- ‘‘(iv) the extent to which the number of un- (ii) by striking ‘‘and contracts’’; and ceived to determine which such reports require substantiated, unfounded and false reported (iii) by adding at the end thereof the following an intensive intervention and which require vol- cases of child abuse or neglect have contributed new sentence: ‘‘The purpose of this process is to untary referral to another agency, program or to the inability of a State to respond effectively enhance the quality and usefulness of research project; to serious cases of child abuse or neglect; in the field of child abuse and neglect.’’; and ‘‘(ii) provides, either directly or through refer- ‘‘(v) the extent to which the lack of adequate (B) in subparagraph (B)— ral, a variety of community-linked services to resources and the lack of adequate training of (i) by striking ‘‘Office of Human Develop- assist families in preventing child abuse and ne- individuals required by law to report suspected ment’’ and inserting ‘‘Administration on Chil- glect; and cases of child abuse have contributed to the in- dren and Families’’; and ‘‘(iii) provides further investigation and inten- ability of a State to respond effectively to seri- (ii) by adding at the end thereof the following sive intervention where the child’s safety is in ous cases of child abuse and neglect; new sentence: ‘‘The Secretary shall ensure that jeopardy. ‘‘(vi) the number of unsubstantiated, false, or the peer review panel utilizes scientifically valid ‘‘(B) KINSHIP CARE.—The Secretary may unfounded reports that have resulted in a child review criteria and scoring guidelines for review award grants to public and private nonprofit being placed in substitute care, and the dura- committees.’’; entities in not more than 10 States to assist such tion of such placement; entities in developing or implementing proce- ‘‘(vii) the extent to which unsubstantiated re- (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), dures using adult relatives as the preferred ports return as more serious cases of child abuse placement for children removed from their home, or neglect; by striking ‘‘, contract, or other financial assist- ance’’; and where such relatives are determined to be capa- ‘‘(viii) the incidence and prevalence of phys- ble of providing a safe nurturing environment ical, sexual, and emotional abuse and physical (B) by adding at the end thereof the following flush sentence: for the child and where such relatives comply and emotional neglect in substitute care; and with the State child protection standards. ‘‘(ix) the incidence and outcomes of abuse al- ‘‘The Secretary shall award grants under this ‘‘(C) PROMOTION OF SAFE, FAMILY-FRIENDLY legations reported within the context of divorce, section on the basis of competitive review.’’; and PHYSICAL ENVIRONMENTS FOR VISITATION AND custody, or other family court proceedings, and (4) in paragraph (3)(B), by striking ‘‘sub- EXCHANGE.—The Secretary may award grants to the interaction between this venue and the child section (e)(2)(B)’’ each place it appears and in- entities to assist such entities in establishing protective services system.’’; and serting ‘‘paragraph (2)(B)’’. and operating safe, family-friendly physical en- (2) in paragraph (2)— (f) TECHNICAL AMENDMENT.—Section 105 of (A) in subparagraph (A)— vironments— the Child Abuse Prevention and Treatment Act ‘‘(i) for court-ordered supervised visitation be- (i) by striking ‘‘and demonstration’’; and (42 U.S.C. 5105) is amended in the section head- (ii) by striking ‘‘paragraph (1)(A) and activi- tween children and abusing parents; and ing by striking ‘‘of the national center on child abuse and ne- ‘‘(ii) to safely facilitate the exchange of chil- ties under section 106’’ and inserting ‘‘para- glect’’. graph (1)’’; and dren for visits with noncustodian parents in (B) in subparagraph (B), by striking ‘‘and SEC. 106. GRANTS FOR DEMONSTRATION PRO- cases of domestic violence.’’; GRAMS. demonstration’’. (3) by striking subsection (b); Section 106 of the Child Abuse Prevention and (4) by redesignating subsection (c) as sub- (b) REPEAL.—Subsection (b) of section 105 of the Child Abuse Prevention and Treatment Act Treatment Act (42 U.S.C. 5106) is amended— section (b) (1) in the section heading, by striking ‘‘OR (5) in subsection (b) (as redesignated)— (42 U.S.C. 5105(b)) is repealed. (A) by striking paragraphs (1) and (2); and (c) TECHNICAL ASSISTANCE.—Section 105(c) of SERVICE’’; (2) in subsection (a), to read as follows: (B) by redesignating paragraphs (3) through the Child Abuse Prevention and Treatment Act (7) as paragraphs (1) through (5), respectively; (42 U.S.C. 5105(c)) is amended— ‘‘(a) DEMONSTRATION PROGRAMS AND PROJECTS.—The Secretary may make grants to, and (1) by striking ‘‘(c)’’ and inserting ‘‘(b)’’; (6) by adding at the end the following new (2) by striking ‘‘The Secretary’’ and inserting: and enter into contracts with, public agencies or subsection: ‘‘(1) IN GENERAL.—The Secretary’’; private nonprofit agencies or organizations (or (3) by striking ‘‘, through the Center,’’; combinations of such agencies or organizations) ‘‘(c) EVALUATION.—In making grants for dem- (4) by inserting ‘‘State and local’’ before for time limited, demonstration programs and onstration projects under this section, the Sec- ‘‘public and nonprofit’’; projects for the following purposes: retary shall require all such projects to be evalu- ated for their effectiveness. Funding for such (5) by inserting ‘‘assessment,’’ before ‘‘identi- ‘‘(1) TRAINING PROGRAMS.—The Secretary may fication’’; and award grants to public or private nonprofit or- evaluations shall be provided either as a stated (6) by adding at the end thereof the following ganizations under this section— percentage of a demonstration grant or as a sep- new paragraphs: ‘‘(A) for the training of professional and para- arate grant entered into by the Secretary for the ‘‘(2) EVALUATION.—Such technical assistance professional personnel in the fields of medicine, purpose of evaluating a particular demonstra- may include an evaluation or identification of— law, education, social work, and other relevant tion project or group of projects.’’. ‘‘(A) various methods and procedures for the fields who are engaged in, or intend to work in, SEC. 107. STATE GRANTS FOR PREVENTION AND investigation, assessment, and prosecution of the field of prevention, identification, and treat- TREATMENT PROGRAMS. child physical and sexual abuse cases; ment of child abuse and neglect, including the Section 107 of the Child Abuse Prevention and ‘‘(B) ways to mitigate psychological trauma to links between domestic violence and child abuse; Treatment Act (42 U.S.C. 5106a) is amended to the child victim; and ‘‘(B) to improve the recruitment, selection, read as follows: ‘‘(C) effective programs carried out by the and training of volunteers serving in public and ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE States under titles I and II. private nonprofit children, youth and family AND NEGLECT PREVENTION AND ‘‘(3) DISSEMINATION.—The Secretary may pro- TREATMENT PROGRAMS. service organizations in order to prevent child vide for and disseminate information relating to ‘‘(a) DEVELOPMENT AND OPERATION GRANTS.— abuse and neglect through collaborative analy- various training resources available at the State The Secretary shall make grants to the States, sis of current recruitment, selection, and train- and local level to— based on the population of children under the ing programs and development of model pro- ‘‘(A) individuals who are engaged, or who in- age of 18 in each State that applies for a grant grams for dissemination and replication nation- tend to engage, in the prevention, identification, under this section, for purposes of assisting the ally; and and treatment of child abuse and neglect; and States in improving the child protective services ‘‘(C) for the establishment of resource centers ‘‘(B) appropriate State and local officials to system of each such State in— assist in training law enforcement, legal, judi- for the purpose of providing information and ‘‘(1) the intake, assessment, screening, and in- cial, medical, mental health, education, and training to professionals working in the field of vestigation of reports of abuse and neglect; child welfare personnel in appropriate methods child abuse and neglect. ‘‘(2)(A) creating and improving the use of of interacting during investigative, administra- ‘‘(2) MUTUAL SUPPORT PROGRAMS.—The Sec- multidisciplinary teams and interagency proto- tive, and judicial proceedings with children who retary may award grants to private nonprofit cols to enhance investigations; and have been subjected to abuse.’’. organizations (such as Parents Anonymous) to ‘‘(B) improving legal preparation and rep- (d) GRANTS AND CONTRACTS.—Section 105(d) of establish or maintain a national network of mu- resentation, including— the Child Abuse Prevention and Treatment Act tual support and self-help programs as a means ‘‘(i) procedures for appealing and responding (42 U.S.C. 5105(d)) is amended— of strengthening families in partnership with to appeals of substantiated reports of abuse and (1) by striking ‘‘(d)’’ and inserting ‘‘(c)’’; and their communities. neglect; and (2) in paragraph (2), by striking the second ‘‘(3) OTHER INNOVATIVE PROGRAMS AND ‘‘(ii) provisions for the appointment of an in- sentence. PROJECTS.— dividual appointed to represent a child in judi- (e) PEER REVIEW.—Section 105(e) of the Child ‘‘(A) IN GENERAL.—The Secretary may award cial proceedings; Abuse Prevention and Treatment Act (42 U.S.C. grants to public and private nonprofit agencies ‘‘(3) case management and delivery of services 5105(e)) is amended— that demonstrate innovation in responding to provided to children and their families; S11576 CONGRESSIONAL RECORD — SENATE September 27, 1996 ‘‘(4) enhancing the general child protective ‘‘(iv) provisions for immunity from prosecution maritime or territorial jurisdiction of the United system by improving risk and safety assessment under State and local laws and regulations for States) of another child of such parent; tools and protocols, automation systems that individuals making good faith reports of sus- ‘‘(III) to have aided or abetted, attempted, support the program and track reports of child pected or known instances of child abuse or ne- conspired, or solicited to commit such murder or abuse and neglect from intake through final dis- glect; voluntary manslaughter; or position and information referral systems; ‘‘(v) methods to preserve the confidentiality of ‘‘(IV) to have committed a felony assault that ‘‘(5) developing, strengthening, and facilitat- all records in order to protect the rights of the results in the serious bodily injury to the surviv- ing training opportunities and requirements for child and of the child’s parents or guardians, ing child or another child of such parent; and individuals overseeing and providing services to including requirements ensuring that reports ‘‘(xiii) an assurance that, upon the implemen- children and their families through the child and records made and maintained pursuant to tation by the State of the provisions, procedures, protection system; the purposes of this Act shall only be made and mechanisms under clause (xii), conviction ‘‘(6) developing and facilitating training pro- available to— of any one of the felonies listed in clause (xii) tocols for individuals mandated to report child ‘‘(I) individuals who are the subject of the re- constitute grounds under State law for the ter- abuse or neglect; port; mination of parental rights of the convicted par- ‘‘(7) developing, strengthening, and support- ‘‘(II) Federal, State, or local government enti- ent as to the surviving children (although case ing child abuse and neglect prevention, treat- ties, or any agent of such entities, having a by case determinations of whether or not to seek ment, and research programs in the public and need for such information in order to carry out termination of parental rights shall be within private sectors; its responsibilities under law to protect children the sole discretion of the State); ‘‘(8) developing, implementing, or operating— from abuse and neglect; ‘‘(B) an assurance that the State has in place ‘‘(A) information and education programs or ‘‘(III) child abuse citizen review panels; procedures for responding to the reporting of training programs designed to improve the pro- ‘‘(IV) child fatality review panels; medical neglect (including instances of with- vision of services to disabled infants with life- ‘‘(V) a grand jury or court, upon a finding holding of medically indicated treatment from threatening conditions for— that information in the record is necessary for disabled infants with life-threatening condi- ‘‘(i) professional and paraprofessional person- the determination of an issue before the court or tions), procedures or programs, or both (within nel concerned with the welfare of disabled in- grand jury; and the State child protective services system), to fants with life-threatening conditions, including ‘‘(VI) other entities or classes of individuals provide for— personnel employed in child protective services statutorily authorized by the State to receive ‘‘(i) coordination and consultation with indi- programs and health-care facilities; and such information pursuant to a legitimate State viduals designated by and within appropriate ‘‘(ii) the parents of such infants; and purpose; health-care facilities; ‘‘(B) programs to assist in obtaining or coordi- ‘‘(vi) provisions which allow for public disclo- ‘‘(ii) prompt notification by individuals des- nating necessary services for families of disabled sure of the findings or information about the ignated by and within appropriate health-care infants with life-threatening conditions, includ- case of child abuse or neglect which has resulted facilities of cases of suspected medical neglect ing— in a child fatality or near fatality; (including instances of withholding of medically ‘‘(i) existing social and health services; ‘‘(vii) the cooperation of State law enforce- indicated treatment from disabled infants with ‘‘(ii) financial assistance; and ment officials, court of competent jurisdiction, life-threatening conditions); and ‘‘(iii) services necessary to facilitate adoptive and appropriate State agencies providing ‘‘(iii) authority, under State law, for the State placement of any such infants who have been human services in the investigation, assessment, child protective services system to pursue any relinquished for adoption; or prosecution, and treatment of child abuse or ne- legal remedies, including the authority to initi- ‘‘(9) developing and enhancing the capacity of glect; ate legal proceedings in a court of competent ju- community-based programs to integrate shared ‘‘(viii) provisions requiring, and procedures in risdiction, as may be necessary to prevent the leadership strategies between parents and pro- place that facilitate the prompt expungement of withholding of medically indicated treatment fessionals to prevent and treat child abuse and any records that are accessible to the general from disabled infants with life threatening con- neglect at the neighborhood level. public or are used for purposes of employment or ditions; ‘‘(b) ELIGIBILITY REQUIREMENTS.— other background checks in cases determined to ‘‘(C) a description of— ‘‘(1) STATE PLAN.— be unsubstantiated or false, except that nothing ‘‘(i) the services to be provided under the ‘‘(A) IN GENERAL.—To be eligible to receive a in this section shall prevent State child protec- grant to individuals, families, or communities, grant under this section, a State shall, at the tive services agencies from keeping information either directly or through referrals aimed at pre- time of the initial grant application and every 5 on unsubstantiated reports in their casework venting the occurrence of child abuse and ne- years thereafter, prepare and submit to the Sec- files to assist in future risk and safety assess- glect; retary a State plan that specifies the areas of ment; ‘‘(ii) the training to be provided under the the child protective services system described in ‘‘(ix) provisions and procedures requiring that grant to support direct line and supervisory per- subsection (a) that the State intends to address in every case involving an abused or neglected sonnel in report taking, screening, assessment, with amounts received under the grant. child which results in a judicial proceeding, a decision making, and referral for investigating ‘‘(B) ADDITIONAL REQUIREMENT.—After the guardian ad litem, who may be an attorney or suspected instances of child abuse and neglect; submission of the initial grant application under a court appointed special advocate (or both), and subparagraph (A), the State shall provide notice shall be appointed to represent the child in such ‘‘(iii) the training to be provided under the to the Secretary of any substantive changes to proceedings— grant for individuals who are required to report any State law relating to the prevention of child ‘‘(I) to obtain first-hand, a clear understand- suspected cases of child abuse and neglect; and abuse and neglect that may affect the eligibility ing of the situation and needs of the child; and ‘‘(D) an assurance or certification that the of the State under this section. ‘‘(II) to make recommendations to the court programs or projects relating to child abuse and ‘‘(2) COORDINATION.—A State plan submitted concerning the best interests of the child; neglect carried out under part B of title IV of under paragraph (1) shall, to the maximum ex- ‘‘(x) the establishment of citizen review panels the Social Security Act comply with the require- tent practicable, be coordinated with the State in accordance with subsection (c); ments set forth in paragraph (1) and this para- plan under part B of title IV of the Social Secu- ‘‘(xi) provisions, procedures, and mechanisms graph. rity Act relating to child welfare services and to be effective not later than 2 years after the ‘‘(3) LIMITATION.—With regard to clauses (v) family preservation and family support services, date of the enactment of this section— and (vi) of paragraph (2)(A), nothing in this and shall contain an outline of the activities ‘‘(I) for the expedited termination of parental section shall be construed as restricting the abil- that the State intends to carry out using rights in the case of any infant determined to be ity of a State to refuse to disclose identifying in- amounts received under the grant to achieve the abandoned under State law; and formation concerning the individual initiating a purposes of this title, including— ‘‘(II) by which individuals who disagree with report or complaint alleging suspected instances ‘‘(A) an assurance in the form of a certifi- an official finding of abuse or neglect can ap- of child abuse or neglect, except that the State cation by the chief executive officer of the State peal such finding; may not refuse such a disclosure where a court that the State has in effect and is enforcing a ‘‘(xii) provisions, procedures, and mechanisms orders such disclosure after such court has re- State law, or has in effect and is operating a to be effective not later than 2 years after the viewed, in camera, the record of the State relat- Statewide program, relating to child abuse and date of the enactment of this section that assure ed to the report or complaint and has found it neglect that includes— that the State does not require reunification of has reason to believe that the reporter know- ‘‘(i) provisions or procedures for the reporting a surviving child with a parent who has been ingly made a false report. of known and suspected instances of child abuse found by a court of competent jurisdiction— ‘‘(4) DEFINITIONS.—For purposes of this sub- and neglect; ‘‘(I) to have committed murder (which would section— ‘‘(ii) procedures for the immediate screening, have been an offense under section 1111(a) of ‘‘(A) the term ‘near fatality’ means an act safety assessment, and prompt investigation of title 18, United States Code, if the offense had that, as certified by a physician, places the such reports; occurred in the special maritime or territorial ju- child in serious or critical condition; and ‘‘(iii) procedures for immediate steps to be risdiction of the United States) of another child ‘‘(B) the term ‘serious bodily injury’ means taken to ensure and protect the safety of the of such parent; bodily injury which involves substantial risk of abused or neglected child and of any other child ‘‘(II) to have committed voluntary man- death, extreme physical pain, protracted and under the same care who may also be in danger slaughter (which would have been an offense obvious disfigurement, or protracted loss or im- of abuse or neglect and ensuring their placement under section 1112(a) of title 18, United States pairment of the function of a bodily member, in a safe environment; Code, if the offense had occurred in the special organ, or mental faculty. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11577

‘‘(c) CITIZEN REVIEW PANELS.— ‘‘(A) substantiated; ‘‘(a) IN GENERAL.— ‘‘(1) ESTABLISHMENT.— ‘‘(B) unsubstantiated; or ‘‘(1) GENERAL AUTHORIZATION.—There are au- ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(C) determined to be false. thorized to be appropriated to carry out this paragraph (B), each State to which a grant is ‘‘(3) Of the number of children described in title, $100,000,000 for fiscal year 1997, and such made under this section shall establish not less paragraph (2)— sums as may be necessary for each of the fiscal than 3 citizen review panels. ‘‘(A) the number that did not receive services years 1998 through 2001. ‘‘(B) EXCEPTIONS.— during the year under the State program funded ‘‘(2) DISCRETIONARY ACTIVITIES.— ‘‘(i) ESTABLISHMENT OF PANELS BY STATES RE- under this section or an equivalent State pro- ‘‘(A) IN GENERAL.—Of the amounts appro- CEIVING MINIMUM ALLOTMENT.—A State that re- gram; priated for a fiscal year under paragraph (1), ceives the minimum allotment of $175,000 under ‘‘(B) the number that received services during the Secretary shall make available 30 percent of section 203(b)(1)(A) for a fiscal year shall estab- the year under the State program funded under such amounts to fund discretionary activities lish not less than 1 citizen review panel. this section or an equivalent State program; and under this title. ‘‘(C) the number that were removed from their ‘‘(ii) DESIGNATION OF EXISTING ENTITIES.—A ‘‘(B) DEMONSTRATION PROJECTS.—Of the State may designate as panels for purposes of families during the year by disposition of the amounts made available for a fiscal year under case. this subsection one or more existing entities es- subparagraph (A), the Secretary make available ‘‘(4) The number of families that received pre- tablished under State or Federal law, such as not more than 40 percent of such amounts to ventive services from the State during the year. child fatality panels or foster care review pan- carry out section 106.’’. els, if such entities have the capacity to satisfy ‘‘(5) The number of deaths in the State during SEC. 112. RULE OF CONSTRUCTION. the requirements of paragraph (4) and the State the year resulting from child abuse or neglect. Title I of the Child Abuse Prevention and ensures that such entities will satisfy such re- ‘‘(6) Of the number of children described in Treatment Act (42 U.S.C. 5101 et seq.) is amend- quirements. paragraph (5), the number of such children who ed by adding at the end the following new sec- ‘‘(2) MEMBERSHIP.—Each panel established were in foster care. pursuant to paragraph (1) shall be composed of ‘‘(7) The number of child protective services tion: volunteer members who are broadly representa- workers responsible for the intake and screening ‘‘SEC. 115. RULE OF CONSTRUCTION. tive of the community in which such panel is es- of reports filed in the previous year. ‘‘(a) IN GENERAL.—Nothing in this Act shall ‘‘(8) The agency response time with respect to tablished, including members who have expertise be construed— each such report with respect to initial inves- in the prevention and treatment of child abuse ‘‘(1) as establishing a Federal requirement tigation of reports of child abuse or neglect. that a parent or legal guardian provide a child and neglect. ‘‘(9) The response time with respect to the pro- ‘‘(3) MEETINGS.—Each panel established pur- any medical service or treatment against the re- vision of services to families and children where ligious beliefs of the parent or legal guardian; suant to paragraph (1) shall meet not less than an allegation of abuse or neglect has been made. once every 3 months. and ‘‘(10) The number of child protective services ‘‘(2) to require that a State find, or to prohibit ‘‘(4) FUNCTIONS.— workers responsible for intake, assessment, and ‘‘(A) IN GENERAL.—Each panel established a State from finding, abuse or neglect in cases investigation of child abuse and neglect reports pursuant to paragraph (1) shall, by examining in which a parent or legal guardian relies solely relative to the number of reports investigated in the policies and procedures of State and local or partially upon spiritual means rather than the previous year. medical treatment, in accordance with the reli- agencies and where appropriate, specific cases, ‘‘(11) The number of children reunited with gious beliefs of the parent or legal guardian. evaluate the extent to which the agencies are ef- their families or receiving family preservation ‘‘(b) STATE REQUIREMENT.—Notwithstanding fectively discharging their child protection re- services that, within five years, result in subse- subsection (a), a State shall, at a minimum, sponsibilities in accordance with— quent substantiated reports of child abuse and have in place authority under State law to per- ‘‘(i) the State plan under subsection (b); neglect, including the death of the child. ‘‘(ii) the child protection standards set forth ‘‘(12) The number of children for whom indi- mit the child protective services system of the in subsection (b); and viduals were appointed by the court to represent State to pursue any legal remedies, including ‘‘(iii) any other criteria that the panel consid- the best interests of such children and the aver- the authority to initiate legal proceedings in a ers important to ensure the protection of chil- age number of out of court contacts between court of competent jurisdiction, to provide medi- dren, including— cal care or treatment for a child when such care ‘‘(I) a review of the extent to which the State such individuals and children. ‘‘(e) ANNUAL REPORT BY THE SECRETARY.— or treatment is necessary to prevent or remedy child protective services system is coordinated Within 6 months after receiving the State re- serious harm to the child, or to prevent the with the foster care and adoption programs es- ports under subsection (i), the Secretary shall withholding of medically indicated treatment tablished under part E of title IV of the Social prepare a report based on information provided from children with life threatening conditions. Security Act; and by the States for the fiscal year under such sub- Except with respect to the withholding of medi- ‘‘(II) a review of child fatalities and near fa- section and shall make the report and such in- cally indicated treatments from disabled infants talities (as defined in subsection (b)(4)). formation available to the Congress and the na- with life threatening conditions, case by case ‘‘(B) CONFIDENTIALITY.— determinations concerning the exercise of the ‘‘(i) IN GENERAL.—The members and staff of a tional clearinghouse for information relating to panel established under paragraph (1)— child abuse.’’. authority of this subsection shall be within the ‘‘(I) shall not disclose to any person or gov- SEC. 108. REPEAL. sole discretion of the State.’’. ernment official any identifying information Section 108 of the Child Abuse Prevention and SEC. 113. TECHNICAL AND CONFORMING AMEND- about any specific child protection case with re- Treatment Act (42 U.S.C. 5106b) is repealed. MENTS. spect to which the panel is provided informa- SEC. 109. MISCELLANEOUS REQUIREMENTS. (a) CHILD ABUSE PREVENTION AND TREATMENT tion; and Section 110 of the Child Abuse Prevention and ACT.— ‘‘(II) shall not make public other information Treatment Act (42 U.S.C. 5106d) is amended— (1)(A) Sections 104 through 107 of the Child unless authorized by State statute. (1) by striking subsection (c); and Abuse Prevention and Treatment Act (42 U.S.C. ‘‘(ii) CIVIL SANCTIONS.—Each State that estab- (2) by redesignating subsection (d) as sub- 5104 through 5106a), as amended by this sub- lishes a panel pursuant to paragraph (1) shall section (c). title, are redesignated as sections 103 through establish civil sanctions for a violation of clause SEC. 110. DEFINITIONS. 106 of such Act, respectively. (i). Section 113 of the Child Abuse Prevention and (B) Sections 109 through 114 of the Child ‘‘(5) STATE ASSISTANCE.—Each State that es- Treatment Act (42 U.S.C. 5106h) is amended— Abuse Prevention and Treatment Act (42 U.S.C tablishes a panel pursuant to paragraph (1)— (1) by striking paragraphs (1), (2), (5), and (9); 5106c through 5106h), as amended by this sub- ‘‘(A) shall provide the panel access to infor- (2)(A) by redesignating paragraphs (3), (4), title, are redesignated as sections 107 through mation on cases that the panel desires to review and (6) through (8) as paragraphs (1) through 112 of such Act, respectively. if such information is necessary for the panel to (5), respectively; and (C) Section 115 of the Child Abuse Prevention carry out its functions under paragraph (4); and (B) by redesignating paragraph (10) as para- and Treatment Act, as added by section 112 of ‘‘(B) shall provide the panel, upon its request, graph (6); this Act, is redesignated as section 113 of the staff assistance for the performance of the du- (3) in paragraph (2) (as redesignated), to read Child Abuse Prevention and Treatment Act. ties of the panel. as follows: (2) Section 107 of the Child Abuse Prevention ‘‘(6) REPORTS.—Each panel established under ‘‘(2) the term ‘child abuse and neglect’ means, and Treatment Act (as redesignated) is amend- paragraph (1) shall prepare and make available at a minimum, any recent act or failure to act ed— to the public, on an annual basis, a report con- on the part of a parent or caretaker, which re- (A) in subsection (a), by striking ‘‘acting taining a summary of the activities of the panel. sults in death, serious physical or emotional through the Center and’’; ‘‘(d) ANNUAL STATE DATA REPORTS.—Each harm, sexual abuse or exploitation, or an act or (B) in subsection (b)(1), by striking ‘‘sections’’ State to which a grant is made under this sec- failure to act which presents an imminent risk and inserting ‘‘section’’; tion shall annually work with the Secretary to of serious harm;’’; and (C) in subsection (c)(1)— provide, to the maximum extent practicable, a (4) in paragraph (4)(B) (as redesignated), by (i) in the matter preceding subparagraph (A), report that includes the following: inserting ‘‘, and in cases of caretaker or inter- by inserting a comma after ‘‘maintain’’; and ‘‘(1) The number of children who were re- familial relationships, statutory rape’’ after (ii) in subparagraph (F), by adding a semi- ported to the State during the year as abused or ‘‘rape’’. colon at the end; and neglected. SEC. 111. AUTHORIZATION OF APPROPRIATIONS. (D) in subsection (d)(1), by adding ‘‘and’’ at ‘‘(2) Of the number of children described in Section 114(a) of the Child Abuse Prevention the end. paragraph (1), the number with respect to whom and Treatment Act (42 U.S.C. 5106h(a)) is (3) Section 110(b) of the Child Abuse Preven- such reports were— amended to read as follows: tion and Treatment Act (as redesignated) is S11578 CONGRESSIONAL RECORD — SENATE September 27, 1996 amended by striking ‘‘effectiveness of—’’ and all ‘‘(5) financing public information activities community-based, prevention-focused, family re- that follows and inserting ‘‘effectiveness of as- that focus on the healthy and positive develop- source and support programs; sisted programs in achieving the objectives of ment of parents and children and the promotion ‘‘(B) has a demonstrated ability to work with section 107.’’. of child abuse and neglect prevention activities. State and community-based public and private (b) VICTIMS OF CRIME ACT OF 1984.—Section ‘‘SEC. 202. ELIGIBILITY. nonprofit organizations to develop a continuum 1404A of the Victims of Crime Act of 1984 (42 ‘‘A State shall be eligible for a grant under of preventive, family centered, comprehensive U.S.C. 10603a) is amended— this title for a fiscal year if— services for children and families through the (1) by striking ‘‘1402(d)(2)(D) and (d)(3).’’ and ‘‘(1)(A) the chief executive officer of the State Statewide network of community-based, preven- inserting ‘‘1402(d)(2)’’; and has designated a lead entity to administer funds tion-focused, family resource and support pro- (2) by striking ‘‘section 4(d)’’ and inserting under this title for the purposes identified under grams; ‘‘section 109’’. the authority of this title, including to develop, ‘‘(C) has the capacity to provide operational Subtitle B—Community-Based Family implement, operate, enhance or expand a State- support (both financial and programmatic) and Resource and Support Grants wide network of community-based, prevention- training and technical assistance, to the State- wide network of community-based, prevention- SEC. 121. ESTABLISHMENT OF PROGRAM. focused, family resource and support programs, focused, family resource and support programs, Title II of the Child Abuse Prevention and child abuse and neglect prevention activities through innovative, interagency funding and Treatment Act (42 U.S.C. 5116 et seq.) is amend- and access to respite care services integrated interdisciplinary service delivery mechanisms; ed to read as follows: with the Statewide network; ‘‘(B) such lead entity is an existing public, and ‘‘TITLE II—COMMUNITY-BASED FAMILY ‘‘(D) will integrate its efforts with individuals quasi-public, or nonprofit private entity (which RESOURCE AND SUPPORT GRANTS and organizations experienced in working in may be an entity that has not been established ‘‘SEC. 201. PURPOSE AND AUTHORITY. partnership with families with children with pursuant to State legislation, executive order, or ‘‘(a) PURPOSE.—It is the purpose of this title— disabilities and with the child abuse and neglect any other written authority of the State) with a ‘‘(1) to support State efforts to develop, oper- prevention activities of the State, and dem- demonstrated ability to work with other State ate, expand and enhance a network of commu- onstrate a financial commitment to those activi- and community-based agencies to provide train- nity-based, prevention-focused, family resource ties. ing and technical assistance, and that has the and support programs that coordinate resources capacity and commitment to ensure the mean- ‘‘SEC. 203. AMOUNT OF GRANT. among existing education, vocational rehabilita- ingful involvement of parents who are consum- ‘‘(a) RESERVATION.—The Secretary shall re- tion, disability, respite care, health, mental ers and who can provide leadership in the plan- serve 1 percent of the amount appropriated health, job readiness, self-sufficiency, child and ning, implementation, and evaluation of pro- under section 210 for a fiscal year to make allot- family development, community action, Head grams and policy decisions of the applicant ments to Indian tribes and tribal organizations Start, child care, child abuse and neglect pre- agency in accomplishing the desired outcomes and migrant programs. vention, juvenile justice, domestic violence pre- ‘‘(b) REMAINING AMOUNTS.— for such efforts; vention and intervention, housing, and other ‘‘(1) IN GENERAL.—The Secretary shall allot ‘‘(C) in determining which entity to designate human service organizations within the State; the amount appropriated under section 210 for a under subparagraph (A), the chief executive of- and fiscal year and remaining after the reservation ficer should give priority consideration equally ‘‘(2) to foster an understanding, appreciation, under subsection (a) among the States as fol- to a trust fund advisory board of the State or to and knowledge of diverse populations in order lows: an existing entity that leverages Federal, State, to be effective in preventing and treating child ‘‘(A) 70 percent of such amount appropriated and private funds for a broad range of child abuse and neglect. shall be allotted among the States by allotting to abuse and neglect prevention activities and fam- ‘‘(b) AUTHORITY.—The Secretary shall make each State an amount that bears the same pro- grants under this title on a formula basis to the ily resource programs, and that is directed by an portion to such amount appropriated as the entity designated by the State as the lead entity interdisciplinary, public-private structure, in- number of children under the age of 18 residing (hereafter referred to in this title as the ‘lead cluding participants from communities; and in the State bears to the total number of chil- entity’) under section 202(1) for the purpose of— ‘‘(D) in the case of a State that has des- dren under the age of 18 residing in all States ‘‘(1) developing, operating, expanding and en- ignated a State trust fund advisory board for (except that no State shall receive less than hancing Statewide networks of community- purposes of administering funds under this title $175,000 under this subparagraph). based, prevention-focused, family resource and (as such title was in effect on the date of the en- ‘‘(B) 30 percent of such amount appropriated support programs that— actment of the Child Abuse Prevention and shall be allotted among the States by allotting to ‘‘(A) offer assistance to families; Treatment Act Amendments of 1996) and in each State an amount that bears the same pro- ‘‘(B) provide early, comprehensive support for which one or more entities that leverage Fed- portion to such amount appropriated as the parents; eral, State, and private funds (as described in amount leveraged by the State from private, ‘‘(C) promote the development of parenting subparagraph (C)) exist, the chief executive offi- State, or other non-Federal sources and directed skills, especially in young parents and parents cer shall designate the lead entity only after full through the State lead agency in the preceding with very young children; consideration of the capacity and expertise of fiscal year bears to the aggregate of the amounts ‘‘(D) increase family stability; all entities desiring to be designated under sub- leveraged by all States from private, State, or ‘‘(E) improve family access to other formal paragraph (A); other non-Federal sources and directed through and informal resources and opportunities for as- ‘‘(2) the chief executive officer of the State the lead agency of such States in the preceding sistance available within communities; provides assurances that the lead entity will fiscal year. ‘‘(F) support the additional needs of families provide or will be responsible for providing— ‘‘(2) ADDITIONAL REQUIREMENT.—The Sec- with children with disabilities through respite ‘‘(A) a network of community-based family re- retary shall provide allotments under paragraph care and other services; and source and support programs composed of local, (1) to the State lead entity. ‘‘(G) decrease the risk of homelessness; collaborative, public-private partnerships di- ‘‘(c) ALLOCATION.—Funds allotted to a State ‘‘(2) fostering the development of a continuum rected by interdisciplinary structures with bal- under this section— of preventive services for children and families anced representation from private and public ‘‘(1) shall be for a 3-year period; and through State and community-based collabora- sector members, parents, and public and private ‘‘(2) shall be provided by the Secretary to the tions and partnerships both public and private; nonprofit service providers and individuals and State on an annual basis, as described in sub- ‘‘(3) financing the start-up, maintenance, ex- organizations experienced in working in part- section (a). pansion, or redesign of specific family resource nership with families with children with disabil- ‘‘SEC. 204. EXISTING GRANTS. and support program services (such as respite ities; ‘‘(a) IN GENERAL.—Notwithstanding the en- care services, child abuse and neglect prevention ‘‘(B) direction to the network through an actment of the Child Abuse Prevention and activities, disability services, mental health serv- interdisciplinary, collaborative, public-private Treatment Act Amendments of 1996, a State or ices, housing services, transportation, adult structure with balanced representation from pri- entity that has a grant, contract, or cooperative education, home visiting and other similar serv- vate and public sector members, parents, and agreement in effect, on the date of the enact- ices) identified by the inventory and description public sector and private nonprofit sector service ment of such Act under any program described of current services required under section providers; and in subsection (b), shall continue to receive funds 205(a)(3) as an unmet need, and integrated with ‘‘(C) direction and oversight to the network under such program, subject to the original the network of community-based family resource through identified goals and objectives, clear terms under which such funds were provided and support program to the extent practicable lines of communication and accountability, the under the grant, through the end of the applica- given funding levels and community priorities; provision of leveraged or combined funding from ble grant cycle. ‘‘(4) maximizing funding for the financing, Federal, State and private sources, centralized ‘‘(b) PROGRAMS DESCRIBED.—The programs planning, community mobilization, collabora- assessment and planning activities, the provi- described in this subsection are the following: tion, assessment, information and referral, start- sion of training and technical assistance, and ‘‘(1) The Community-Based Family Resource up, training and technical assistance, informa- reporting and evaluation functions; and programs under section 201 of this Act, as such tion management, reporting and evaluation ‘‘(3) the chief executive officer of the State section was in effect on the day before the date costs for establishing, operating, or expanding a provides assurances that the lead entity— of the enactment of the Child Abuse Prevention Statewide network of community-based, preven- ‘‘(A) has a demonstrated commitment to pa- and Treatment Act Amendments of 1996. tion-focused, family resource and support pro- rental participation in the development, oper- ‘‘(2) The Family Support Center programs gram; and ation, and oversight of the Statewide network of under subtitle F of title VII of the Stewart B. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11579 McKinney Homeless Assistance Act (42 U.S.C. ‘‘(11) a description of the actions that the ap- grams that meet identified community needs, in- 11481 et seq.), as such title was in effect on the plicant entity will take to advocate systemic cluding core and optional services as described day before the date of the enactment of the changes in State policies, practices, procedures in section 202; Child Abuse Prevention and Treatment Act and regulations to improve the delivery of pre- ‘‘(3) shall demonstrate the establishment of Amendments of 1996. vention-focused, family resource and support new respite care and other specific new family ‘‘(3) The Emergency Child Abuse Prevention program services to children and families; and resources services, and the expansion of existing Services grant program under section 107A of ‘‘(13) an assurance that the applicant entity services, to address unmet needs identified by this Act, as such section was in effect on the will provide the Secretary with reports at such the inventory and description of current services day before the date of the enactment of the time and containing such information as the required under section 205(3); Human Services Amendments of 1994. Secretary may require. ‘‘(4) shall describe the number of families ‘‘(4) Programs under the Temporary Child ‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS. served, including families with children with Care for Children With Disabilities and Crisis ‘‘(a) IN GENERAL.—Grants made under this disabilities, and the involvement of a diverse Nurseries Act of 1986. title shall be used to develop, implement, oper- representation of families in the design, oper- ‘‘SEC. 205. APPLICATION. ate, expand and enhance community-based, pre- ation, and evaluation of the Statewide network ‘‘A grant may not be made to a State under vention-focused, family resource and support of community-based, prevention-focused, family this title unless an application therefore is sub- programs that— resource and support programs, and in the de- mitted by the State to the Secretary and such ‘‘(1) assess community assets and needs sign, operation and evaluation of the individual application contains the types of information through a planning process that involves par- community-based family resource and support specified by the Secretary as essential to carry- ents and local public agencies, local nonprofit programs that are part of the Statewide network ing out the provisions of section 202, including— organizations, and private sector representa- funded under this title; ‘‘(1) a description of the lead entity that will tives; ‘‘(5) shall demonstrate a high level of satisfac- be responsible for the administration of funds ‘‘(2) develop a strategy to provide, over time, tion among families who have used the services provided under this title and the oversight of a continuum of preventive, family centered serv- of the community-based, prevention-focused, programs funded through the Statewide network ices to children and families, especially to young family resource and support programs; of community-based, prevention-focused, family parents and parents with young children, ‘‘(6) shall demonstrate the establishment or resource and support programs which meets the through public-private partnerships; maintenance of innovative funding mechanisms, requirements of section 202; ‘‘(3) provide— at the State or community level, that blend Fed- ‘‘(2) a description of how the network of com- ‘‘(A) core family resource and support services eral, State, local and private funds, and innova- munity-based, prevention-focused, family re- such as— tive, interdisciplinary service delivery mecha- source and support programs will operate and ‘‘(i) parent education, mutual support and nisms, for the development, operation, expan- how family resource and support services pro- self help, and leadership services; sion and enhancement of the Statewide network vided by public and private, nonprofit organiza- ‘‘(ii) outreach services; of community-based, prevention-focused, family tions, including those funded by programs con- ‘‘(iii) community and social service referrals; resource and support programs; solidated under this Act, will be integrated into and ‘‘(7) shall describe the results of a peer review a developing continuum of family centered, ho- ‘‘(iv) follow-up services; process conducted under the State program; and listic, preventive services for children and fami- ‘‘(B) other core services, which must be pro- ‘‘(8) shall demonstrate an implementation lies; vided or arranged for through contracts or plan to ensure the continued leadership of par- ‘‘(3) an assurance that an inventory of cur- agreements with other local agencies, including ents in the on-going planning, implementation, rent family resource programs, respite care, all forms of respite care services to the extent and evaluation of such community based, pre- child abuse and neglect prevention activities, practicable; and vention-focused, family resource and support and other family resource services operating in ‘‘(C) access to optional services, including— programs. the State, and a description of current unmet ‘‘(i) referral to and counseling for adoption ‘‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY- needs, will be provided; services for individuals interested in adopting a BASED FAMILY RESOURCE PRO- ‘‘(4) a budget for the development, operation child or relinquishing their child for adoption; GRAMS. and expansion of the State’s network of commu- ‘‘(ii) child care, early childhood development ‘‘The Secretary may allocate such sums as nity-based, prevention-focused, family resource and intervention services; may be necessary from the amount provided and support programs that verifies that the ‘‘(iii) referral to services and supports to meet under the State allotment to support the activi- State will expend in non-Federal funds an the additional needs of families with children ties of the lead entity in the State— amount equal to not less than 20 percent of the with disabilities; ‘‘(1) to create, operate and maintain a peer re- amount received under this title (in cash, not in- ‘‘(iv) referral to job readiness services; view process; kind) for activities under this title; ‘‘(v) referral to educational services, such as ‘‘(2) to create, operate and maintain an infor- ‘‘(5) an assurance that funds received under scholastic tutoring, literacy training, and Gen- mation clearinghouse; this title will supplement, not supplant, other eral Educational Degree services; ‘‘(3) to fund a yearly symposium on State sys- State and local public funds designated for the ‘‘(vi) self-sufficiency and life management tem change efforts that result from the oper- Statewide network of community-based, preven- skills training; ation of the Statewide networks of community- tion-focused, family resource and support pro- ‘‘(vii) community referral services, including based, prevention-focused, family resource and grams; early developmental screening of children; and support programs; ‘‘(6) an assurance that the State has the ca- ‘‘(viii) peer counseling; ‘‘(4) to create, operate and maintain a com- pacity to ensure the meaningful involvement of ‘‘(4) develop leadership roles for the meaning- puterized communication system between lead parents who are consumers and who can pro- ful involvement of parents in the development, entities; and vide leadership in the planning, implementation, operation, evaluation, and oversight of the pro- ‘‘(5) to fund State-to-State technical assist- and evaluation of the programs and policy deci- grams and services; ance through bi-annual conferences. sions of the applicant agency in accomplishing ‘‘(5) provide leadership in mobilizing local ‘‘SEC. 209. DEFINITIONS. the desired outcomes for such efforts; public and private resources to support the pro- ‘‘For purposes of this title: ‘‘(7) a description of the criteria that the en- vision of needed family resource and support ‘‘(1) CHILDREN WITH DISABILITIES.—The term tity will use to develop, or select and fund, indi- program services; and ‘children with disabilities’ has the same mean- vidual community-based, prevention-focused, ‘‘(6) participate with other community-based, ing given such term in section 602(a)(2) of the family resource and support programs as part of prevention-focused, family resource and support Individuals with Disabilities Education Act. network development, expansion or enhance- program grantees in the development, operation ‘‘(2) COMMUNITY REFERRAL SERVICES.—The ment; and expansion of the Statewide network. term ‘community referral services’ means serv- ‘‘(8) a description of outreach activities that ‘‘(b) PRIORITY.—In awarding local grants ices provided under contract or through inter- the entity and the community-based, preven- under this title, a lead entity shall give priority agency agreements to assist families in obtain- tion-focused, family resource and support pro- to effective community-based programs serving ing needed information, mutual support and grams will undertake to maximize the participa- low income communities and those serving community resources, including respite care tion of racial and ethnic minorities, children young parents or parents with young children, services, health and mental health services, em- and adults with disabilities, homeless families including community-based family resource and ployability development and job training, and and those at risk of homelessness, and members support programs. other social services, including early devel- of other underserved or underrepresented ‘‘SEC. 207. PERFORMANCE MEASURES. opmental screening of children, through help groups; ‘‘A State receiving a grant under this title, lines or other methods. ‘‘(9) a plan for providing operational support, through reports provided to the Secretary— ‘‘(3) FAMILY RESOURCE AND SUPPORT PRO- training and technical assistance to community- ‘‘(1) shall demonstrate the effective develop- GRAM.—The term ‘family resource and support based, prevention-focused, family resource and ment, operation and expansion of a Statewide program’ means a community-based, prevention- support programs for development, operation, network of community-based, prevention-fo- focused entity that— expansion and enhancement activities; cused, family resource and support programs ‘‘(A) provides, through direct service, the core ‘‘(10) a description of how the applicant enti- that meets the requirements of this title; services required under this title, including— ty’s activities and those of the network and its ‘‘(2) shall supply an inventory and description ‘‘(i) parent education, support and leadership members will be evaluated; of the services provided to families by local pro- services, together with services characterized by S11580 CONGRESSIONAL RECORD — SENATE September 27, 1996 relationships between parents and professionals ‘‘TITLE I—GENERAL PROGRAM title shall be used to supplement and not sup- that are based on equality and respect, and de- ‘‘Sec. 101. Office on Child Abuse and Neglect. plant other Federal, State, and local public signed to assist parents in acquiring parenting ‘‘Sec. 102. Advisory Board on Child Abuse and funds expended to provide services and activities skills, learning about child development, and re- Neglect. that promote the purposes of this title.’’. sponding appropriately to the behavior of their ‘‘Sec. 103. National clearinghouse for informa- Subtitle B—Child Abuse Prevention and children; tion relating to child abuse. Treatment and Adoption Reform Act of 1978 ‘‘(ii) services to facilitate the ability of parents ‘‘Sec. 104. Research and assistance activities. (‘‘Adoption Opportunities Act’’) to serve as resources to one another (such as ‘‘Sec. 105. Grants to public agencies and non- SEC. 211. FINDINGS AND PURPOSE. through mutual support and parent self-help profit private organizations for Section 201 of the Child Abuse Prevention and groups); demonstration programs and Treatment and Adoption Reform Act of 1978 (42 ‘‘(iii) outreach services provided through vol- projects. U.S.C. 5111) is amended— untary home visits and other methods to assist ‘‘Sec. 106. Grants to States for child abuse and (1) in subsection (a)— parents in becoming aware of and able to par- neglect prevention and treatment (A) in paragraph (1)— ticipate in family resources and support pro- programs. (i) by striking ‘‘50 percent between 1985 and gram activities; ‘‘Sec. 107. Grants to States for programs relat- 1990’’ and inserting ‘‘61 percent between 1986 ‘‘(iv) community and social services to assist ing to the investigation and pros- and 1994’’; and families in obtaining community resources; and ecution of child abuse and neglect (ii) by striking ‘‘400,000 children at the end of ‘‘(v) follow-up services; cases. June, 1990’’ and inserting ‘‘452,000 as of June ‘‘(B) provides, or arranges for the provision ‘‘Sec. 108. Miscellaneous requirements relating 1994’’; of, other core services through contracts or to assistance. (B) in paragraph (5), by striking ‘‘local’’ and agreements with other local agencies, including ‘‘Sec. 109. Coordination of child abuse and ne- inserting ‘‘legal’’; and all forms of respite care services; and glect programs. (C) in paragraph (7), to read as follows: ‘‘(C) provides access to optional services, di- ‘‘Sec. 110. Reports. ‘‘(7)(A) currently, 40,000 children are free for rectly or by contract, purchase of service, or ‘‘Sec. 111. Definitions. adoption and awaiting placement; ‘‘(B) such children are typically school aged, interagency agreement, including— ‘‘Sec. 112. Authorization of appropriations. in sibling groups, have experienced neglect or ‘‘(i) child care, early childhood development ‘‘Sec. 113. Rule of construction. and early intervention services; abuse, or have a physical, mental, or emotional ‘‘(ii) referral to self-sufficiency and life man- ‘‘TITLE II—COMMUNITY-BASED FAMILY disability; and agement skills training; RESOURCE AND SUPPORT GRANTS ‘‘(C) while the children are of all races, chil- ‘‘(iii) referral to education services, such as ‘‘Sec. 201. Purpose and authority. dren of color and older children (over the age of scholastic tutoring, literacy training, and Gen- ‘‘Sec. 202. Eligibility. 10) are over represented in such group;’’; and eral Educational Degree services; ‘‘Sec. 203. Amount of grant. (2) in subsection (b)— ‘‘(iv) referral to services providing job readi- ‘‘Sec. 204. Existing grants. (A) by striking ‘‘conditions, by—’’ and all ness skills; ‘‘Sec. 205. Application. that follows through ‘‘Department of Health ‘‘(v) child abuse and neglect prevention activi- ‘‘Sec. 206. Local program requirements. and Human Services to—’’ and inserting ‘‘condi- ties; ‘‘Sec. 207. Performance measures. tions, by providing a mechanism to—’’; and ‘‘(vi) referral to services that families with ‘‘Sec. 208. National network for community- (B) by redesignating subparagraphs (A) children with disabilities or special needs may based family resource programs. through (C) of paragraph (2), as paragraphs (1) require; ‘‘Sec. 209. Definitions. through (3), respectively, and by realigning the ‘‘(vii) community and social service referral, ‘‘Sec. 210. Authorization of appropriations. margins of such paragraphs accordingly. SEC. 212. INFORMATION AND SERVICES. including early developmental screening of chil- SEC. 142. REPEALS OF OTHER LAWS. Section 203 of the Child Abuse Prevention and dren; (a) TEMPORARY CHILD CARE FOR CHILDREN Treatment and Adoption Reform Act of 1978 (42 ‘‘(viii) peer counseling; WITH DISABILITIES AND CRISIS NURSERIES ACT U.S.C. 5113) is amended— ‘‘(ix) referral for substance abuse counseling OF 1986.—The Temporary Child Care for Chil- and treatment; and (1) in subsection (a), by striking the last sen- dren With Disabilities and Crisis Nurseries Act tence; ‘‘(x) help line services. of 1986 (42 U.S.C. 5117 et seq.) is repealed. ‘‘(4) OUTREACH SERVICES.—The term ‘outreach (2) in subsection (b)— (b) FAMILY SUPPORT CENTERS.—Subtitle F of (A) in paragraph (6), to read as follows: services’ means services provided to assist con- title VII of the Stewart B. McKinney Homeless ‘‘(6) study the nature, scope, and effects of sumers, through voluntary home visits or other Assistance Act (42 U.S.C. 11481 et seq.) is re- the placement of children in kinship care ar- methods, in accessing and participating in fam- pealed. rangements, pre-adoptive, or adoptive homes;’’; ily resource and support program activities. TITLE II—AMENDMENTS TO OTHER ACTS (B) by redesignating paragraphs (7) through ‘‘(5) RESPITE CARE SERVICES.—The term ‘res- (9) as paragraphs (8) through (10), respectively; Subtitle A—Family Violence Prevention and pite care services’ means short term care services and Services Act provided in the temporary absence of the regu- (C) by inserting after paragraph (6), the fol- lar caregiver (parent, other relative, foster par- SEC. 201. STATE DEMONSTRATION GRANTS. lowing new paragraph: ent, adoptive parent, or guardian) to children Section 303(e) of the Family Violence Preven- ‘‘(7) study the efficacy of States contracting who— tion and Services Act (42 U.S.C. 10420(e)) is with public or private nonprofit agencies (in- ‘‘(A) are in danger of abuse or neglect; amended— cluding community-based and other organiza- ‘‘(B) have experienced abuse or neglect; or (1) by striking ‘‘following local share’’ and in- tions), or sectarian institutions for the recruit- ‘‘(C) have disabilities, chronic, or terminal ill- serting ‘‘following non-Federal matching local ment of potential adoptive and foster families nesses. share’’; and and to provide assistance in the placement of Such services shall be provided within or outside (2) by striking ‘‘20 percent’’ and all that fol- children for adoption;’’; and the home of the child, be short-term care (rang- lows through ‘‘private sources.’’ and inserting (3) in subsection (d)(2)— ing from a few hours to a few weeks of time, per ‘‘with respect to an entity operating an existing (A) by striking ‘‘Each’’ and inserting ‘‘(A) year), and be intended to enable the family to program under this title, not less than 20 per- Each’’; stay together and to keep the child living in the cent, and with respect to an entity intending to (B) by striking ‘‘for each fiscal year’’ and in- home and community of the child. operate a new program under this title, not less serting ‘‘that describes the manner in which the ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. than 35 percent.’’. State will use funds during the 3-fiscal years ‘‘There are authorized to be appropriated to SEC. 202. ALLOTMENTS. subsequent to the date of the application to ac- complish the purposes of this section. Such ap- carry out this title, $66,000,000 for fiscal year Section 304(a)(1) of the Family Violence Pre- plication shall be’’; and 1997 and such sums as may be necessary for vention and Services Act (42 U.S.C. 10403(a)(1)) (C) by adding at the end the following new each of the fiscal years 1998 through 2001.’’. is amended by striking ‘‘$200,000’’ and inserting subparagraph: Subtitle C—Certain Preventive Services Re- ‘‘$400,000’’. ‘‘(B) The Secretary shall provide, directly or garding Children of Homeless Families or SEC. 203. AUTHORIZATION OF APPROPRIATIONS. by grant to or contract with public or private Families At Risk of Homelessness Section 310 of the Family Violence Prevention nonprofit agencies or organizations— SEC. 131. REPEAL OF TITLE III. and Services Act (42 U.S.C. 10409) is amended— ‘‘(i) technical assistance and resource and re- Title III of the Child Abuse Prevention and (1) in subsection (b), by striking ‘‘80’’ and in- ferral information to assist State or local gov- Treatment Act (42 U.S.C. 5118 et seq.) is re- serting ‘‘70’’; and ernments with termination of parental rights is- pealed. (2) by adding at the end thereof the following sues, in recruiting and retaining adoptive fami- new subsections: Subtitle D—Miscellaneous Provisions lies, in the successful placement of children with ‘‘(d) GRANTS FOR STATE COALITIONS.—Of the special needs, and in the provision of pre- and SEC. 141. TABLE OF CONTENTS. amounts appropriated under subsection (a) for post-placement services, including post-legal The table of contents of the Child Abuse Pre- each fiscal year, not less than 10 percent of such adoption services; and vention and Treatment Act (42 U.S.C. 5101 note) amounts shall be used by the Secretary for mak- ‘‘(ii) other assistance to help State and local is amended to read as follows: ing grants under section 311. governments replicate successful adoption-relat- ‘‘Sec. 1. Short title and table of contents. ‘‘(e) NON-SUPPLANTING REQUIREMENT.—Fed- ed projects from other areas in the United ‘‘Sec. 2. Findings. eral funds made available to a State under this States.’’. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11581 SEC. 213. AUTHORIZATION OF APPROPRIATIONS. who spoke of his 3-year ordeal, in dures for expedited termination of pa- Section 205 of the Child Abuse Prevention and which his daughter was wrongfully re- rental rights in cases involving aban- Treatment and Adoption Reform Act of 1978 (42 moved from his home. I have received doned infants. U.S.C. 5115) is amended— many such reports and complaints, and These changes in the law have been (1) in subsection (a), by striking ‘‘$10,000,000’’ sorely needed and will result in a more and all that follows through ‘‘203(c)(1)’’ and in- while we should be mindful not to leg- serting ‘‘$20,000,000 for fiscal year 1997, and islate by anecdote, these stories in- cohesive child protection system, with such sums as may be necessary for each of the volve real people and are chilling. an enhanced ability to respond to the fiscal years 1998 through 2001 to carry out pro- I am also reminded of the tragic case very serious problems of abuse and ne- grams and activities authorized’’; of Elisa Izquierdo of Brooklyn, the 6- glect. (2) by striking subsection (b); and year-old girl brutally murdered by her One of the other important sections (3) by redesignating subsection (c) as sub- mother on the day before Thanksgiving of CAPTA is its research component. S. section (b). this past year. Elisa was well known to 919 streamlines and better targets lim- Subtitle C—Abandoned Infants Assistance Act the overburdened case workers who ited research dollars into areas with of 1988 were assigned to monitor her, however the most promise, in terms of respond- SEC. 221. PRIORITY REQUIREMENT. it appears that they simply did not ing to child abuse. Additionally, we Section 101 of the Abandoned Infants Assist- have enough time to keep a close have revised CAPTA’s research dem- ance Act of 1988 (42 U.S.C. 670 note) is amended watch on Elisa, nor maybe enough onstration program to focus on innova- by adding at the end the following: tive and effective new approaches in training to realize the tremendous seri- ‘‘(h) PRIORITY REQUIREMENT.—In making the area of child protection. Kinship grants under subsection (a), the Secretary shall ousness of her situation. Each of us unfortunately, can share care is such an approach. S. 919 author- give priority to applicants located in States that izes the Department of Health and have developed and implemented procedures for similar stories from our States and Human Services to conduct a 10-State expedited termination of parental rights and communities. Each of us can point to a demonstration of kinship care pro- placement for adoption of infants determined to child whose life ended far too early, grams and to report back with rec- be abandoned under State law.’’. and then tragically—at the hands of a ommendations concerning its possible SEC. 222. REAUTHORIZATION. loved one. Section 104(a)(1) of the Abandoned Infants The legislation that the Senate will expansion. Kinship care has been Assistance Act of 1988 (42 U.S.C. 670 note) is shortly vote on, S. 919, will not solve shown in several States to be a very ef- amended by striking ‘‘$20,000,000’’ and all that fective and compassionate alternative follows and inserting ‘‘$35,000,000 for fiscal year the epidemic of child abuse and ne- glect. That solution rests with families to foster care. 1997 and such sums as may be necessary for Similar programs in other States and communities. But it will better en- each of the fiscal years 1998 through 2001.’’. have been less successful. The kinship able caseworkers to do their jobs and Subtitle D—Reauthorization of Various care demonstration will enable us to protect children who are in serious Programs ascertain where this program works jeopardy. By focusing on better train- SEC. 231. MISSING CHILDREN’S ASSISTANCE ACT. and why and what we need to do to ing and the use of risk assessment pro- (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- avoid any possible negative con- tion 408 of the Missing Children’s Assistance Act cedures S. 919 will help to improve the sequences. (42 U.S.C. 5777) is amended— safety of children and will in signifi- Finally, we have clarified the defini- (1) by striking ‘‘To’’ and inserting ‘‘(a) IN cant and positive ways, improve the tion of child abuse or neglect to in- GENERAL.—To’’ way we respond to an investigate re- (2) by striking ‘‘1993, 1994, 1995, and 1996’’ clude at a minimum, acts which result ports of child abuse and neglect. in death or serious physical or emo- and inserting ‘‘1997 through 2001’’; and First, in order to protect individuals (3) by adding at the end the following new tional harm or which present an immi- subsection: from false reports S. 919 eliminates nent risk of serious harm. This defini- ‘‘(b) EVALUATION.—The Administrator may current law’s blanket immunity from tion provides additional guidance to use not more than 5 percent of the amount ap- prosecution for persons making know- States and should assist them as they propriated for a fiscal year under subsection (a) ingly false allegations of child abuse or endeavor to protect children from to conduct an evaluation of the effectiveness of neglect. On good faith reports will be abuse and neglect. the programs and activities established and op- protected by immunity. S. 919 also reauthorizes several other erated under this title.’’. Second, in order to ensure citizen important programs: The community (b) SPECIAL STUDY AND REPORT.—Section 409 participation and public accountability and family resource grants which sig- of the Missing Children’s Assistance Act (42 of State and local child protection U.S.C. 5778) is repealed. nificantly consolidates the community agencies, we have required each State SEC. 232. VICTIMS OF CHILD ABUSE ACT OF 1990. based prevention grant, respite care Section 214B of the Victims of Child Abuse Act receiving funds under this act to estab- program, and family resource programs of 1990 (42 U.S.C. 13004) is amended— lish citizen review panels to evaluate into one cohesive network; reauthor- (1) in subsection (a)(2), by striking ‘‘and 1996’’ the extent to which child protection izes The Family Violence Prevention and inserting ‘‘1996, and each of the fiscal years agencies are effectively discharging and Services Act which provides assist- 1997 through 2000’’; and their child protection responsibilities ance to States to help victims of do- (2) in subsection (b)(2), by striking ‘‘and 1996’’ and to review the facts surrounding mestic violence; reauthorizes The and inserting ‘‘1996, and each of the fiscal years local child fatalities or near fatalities Adoption Opportunities Act which sup- 1997 through 2000’’. resulting from abuse or neglect. ports aggressive efforts to strengthen Mr. COATS. Mr. President, child Third, S. 919 protects children at risk the capacity of States to find perma- abuse is a critical issue facing our Na- of abuse by eliminating the require- nent homes for children with special tion. Each year, close to one million ment that States seek to preserve fam- needs; The Abandoned Infants Assist- children are abused or neglected and as ilies and reunify children with parents ance Act which provides for the needs a result, in need of assistance and out who abuse or neglect them. States of children who are abandoned, espe- of home care. would no longer have to pursue reunifi- cially those with aids; The Children’s While these numbers are staggering, cation with surviving children where a Justice Act; The Missing Children’s As- we should also be concerned by the parent was convicted of murder, vol- sistance Act and section 214 of the Vic- nearly 2 million false or unsubstan- untary manslaughter or felony homi- tims of Child Abuse Act. tiated reports of child abuse and ne- cide of another child. Mr. President, as we are moving to- glect that are filed wrongfully and in Additionally, States would be re- ward passage of this legislation I want- some cases maliciously. What this quired to include murder, voluntary ed to take the time to thank several means is that case workers, who are al- manslaughter, and felony assault as a colleagues for their tireless efforts: ready over worked, are conducting 2 statutory ground for termination of pa- Senator KASSEBAUM, Senator DODD, million investigations at some level, rental rights. The decision to pursue and Senator KENNEDY. We have worked possibly resulting in inappropriate termination or to seek reunification in together over the last year and a half interventions—including removal of these cases would be determined by the in a truly bi-partisan fashion and I the children from their homes. State on a case-by-case basis. think we have produced a very good Members of the Labor Committee Finally, S. 919 includes a new provi- product. I would also like to acknowl- may recall the testimony of Jim Wade sion requiring States to have proce- edge the significant contributions of - S11582 CONGRESSIONAL RECORD — SENATE September 27, 1996 their staffs, Kimberly Barnes-O’Connor allowed to exempt parents from pros- are addressing is a parent who delib- and Rebecca Jones with Senator ecution on grounds of medical neglect erately takes the life or seriously in- KASSEBAUM, Michael Iskowitz and Jef- if the parent was employing alter- jures his child. frey Teitz with Senator KENNEDY, Jane native means of healing as part of the Mr. COATS. That is correct. This sec- Lowenson and Brook Byers-Goldman parent’s religious practice. CAPTA also tion is intended to give the States with Senator DODD, and Stephanie has required States to have procedures flexibility in this area by not requiring Monroe and Townsend Lange of my in place to report, investigate and in- them to seek to reunify a parent con- staff. Thank you all for the hard work tervene in situations where children victed of a serious and violent crime you have done on this legislation. are being denied medical care needed against his child, with that surviving Mr. President, at this time I would to prevent harm. child or other children. States may like to ask unanimous consent that a Mr. COATS. That is correct. The two still seek to reunify the family but will colloquy between myself and Senator provisions you have described have no longer be required to do so by Fed- DODD on the issue of medical neglect be caused problems for some States. The eral law. Second, the bill provides that inserted into the RECORD as if read. Department of Health and Human these very serious crimes should be Mr. DODD. Mr. President, I rise in Services has moved to disqualify cer- grounds in State law for the termi- support of the Child Abuse Prevention tain States from CAPTA funding based nation of parental rights. Any decision, and Treatment Act of 1996. I am very on the State’s accommodation of the however, to terminate parental rights, pleased that this has been a bipartisan religious treatment in lieu of medical even in these cases, is entirely a State effort. This bill comes at a very criti- treatment. issue and remains so under this bill. cal time. Just last week the results of Mr. DODD. And it is my further un- Mr. DODD. Would States be allowed the National Incidence Study con- derstanding that we have clarified that to consider a parent’s motive when de- ciding to terminate parental rights or ducted by the National Center on Child issue in the Rule of Construction in the to seek reunification of that family? Abuse and Neglect showed an alarming bill before us. increase in the incidence of child abuse Mr. COATS. Yes, we have. After a And could this include sincerely held and neglect. Since 1986 the number of very lengthy negotiation we have religious beliefs of the parent? Mr. COATS. Yes. Since this is en- abused and neglected children has al- reached a compromise which will both tirely a matter of State law, States are most doubled. Physical abuse has near- protect children in need of medical ly doubled and sexual abuse has more free to consider whatever mitigating intervention while ensuring that the circumstances they would like. than doubled. Additionally the study first amendment rights of parents to indicates that children from families Mr. DODD. Mr. President, it is my practice their religion are not in- understanding that concerns have been with incomes below $15,000 are 22 times fringed upon. Under this bill, no parent more likely to be victims of child raised regarding outreach services that or legal guardian is required to provide grantees must make to various com- abuse and neglect than are those chil- a child with medical service or treat- dren from families with incomes above munities. It is my understanding that ment against their religious beliefs, when grantees engage in outreach ac- $30,000. nor is any State required to find, or Mr. President, I am concerned that tivities, they must ensure that they prohibited from finding, abuse or ne- maximize the participation of racial the welfare reform bill signed into law glect cases where the parent or guard- last month may lead to an increase in and ethnic minorities and members of ian relied solely or partially upon spir- cases of child abuse and neglect. That underserved or underrepresented itual means rather than medical treat- legislation left no safety net for chil- groups. I just want to ascertain that ment in accordance with their religious dren whose parents had reached their 5- this list envisions inclusion of immi- beliefs. year limit on public assistance. I in- grant communities. Mr. DODD. Does the bill address the Mr. COATS. That is correct. tend to watch this issue very closely. State’s authority to pursue any legal Mr. NICKLES. I ask unanimous con- The good news is that today we are remedies necessary to provide medical sent that the Senate concur to the asking the Senate to consider, by care or treatment when such care or amendment of the House. unanimous consent, the reauthoriza- treatment is necessary to prevent or The PRESIDING OFFICER. Without tion of the Child Abuse Prevention and objection, it is so ordered. Treatment Act, S. 919. First enacted in remedy serious harm to the child, or to f 1974, this legislation provides, among prevent the withholding of medically other things, Federal financial assist- indicated treatment from children with WATER DESALINIZATION RE- ance for identifying, preventing, and life-threatening conditions? SEARCH AND DEVELOPMENT Mr. COATS. Yes it does. In addition, treating child abuse and neglect. This ACT OF 1996 the bill gives States sole discretion bill affirms a clear Federal role in ad- over case-by-case determinations relat- Mr. NICKLES. Mr. President, I ask dressing prevention and treatment of the Chair lay before the Senate a mes- child abuse. Further, it recognizes the ing to the exercise of authority in this area. No State is foreclosed from con- sage from the House of Representatives importance of Federal leadership in on (S. 811) a bill to authorize research funding research, training, technical sidering parents use of treatment by spiritual means. No State is required into the desalinization and reclama- assistance, and data collection to help tion of water and authorize a program aid the States to do their jobs better. to prosecute parents in this area. But every State must have in place the au- for States, cities, or qualifying agen- It also continues support to States to cies desiring to own and operate a improve child protective service sys- thority to intervene to protect children in need. Let me also state that nothing water desalinization or reclamation fa- tems. cility to develop such facilities, and for Finally, I am pleased that the bill re- in this bill should be interpreted as dis- couraging the reporting of suspected other purposes. authorizes and enhances the Family The PRESIDING OFFICER laid be- incidences of medical neglect to child Resource and Support Center Program fore the Senate the following message protection services, where warranted. that I authored in 1990 and expanded in from the House of Representatives: the Human Services Act in 1994. The Mr. DODD. I also see that a new sec- tion has been added that requires the Resolved, That the bill from the Senate (S. Family Resource Services are essential 811) entitled ‘‘An Act to authorize research to prevention and allow families to States to include in their State laws, into the desalinization and reclamation of meet their needs to avoid problems as statutory grounds for the termi- water and authorize a program for States, that propel them into crisis down the nation of parental rights, convictions cities, or qualifying agencies desiring to own road. of parents for certain specified crimes and operate a water desalinization or rec- I thank Senator COATS for all his against children. It also eliminates a lamation facility to develop such facilities, hard work and cooperation on the reau- Federal mandate that States must seek and for other purposes’’, do pass with the fol- reunification of the convicted parent lowing amendments: thorization of this bill. I am very Strike out all after the enacting clause, pleased that this has been a bipartisan with surviving children. Given the and insert: effort. crimes that have been specified—mur- SECTION 1. SHORT TITLE. Mr. President, it is my understanding der, voluntary manslaughter, and fel- This Act may be cited as the ‘‘Water Desalina- that under CAPTA, States have been ony assault—it appears that what we tion Act of 1996’’. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11583 SEC. 2. DEFINITIONS. are evaluated and demonstrated for the pur- salination research or operating desalination fa- As used in this Act: poses of accomplishing desalination. cilities. The authorization provided for in this (1) DESALINATION OR DESALTING.—The terms SEC. 4. DESALINATION DEMONSTRATION AND DE- Act shall not prohibit other agencies from carry- ‘‘desalination’’ or ‘‘desalting’’ mean the use of VELOPMENT. ing out separately authorized programs for de- any process or technique for the removal and, (a) IN GENERAL.—In order to further dem- salination research or operations. when feasible, adaptation to beneficial use, of onstrate the feasibility of desalination processes Mr. NICKLES. I ask unanimous con- organic and inorganic elements and compounds investigated either independently or in research from saline or biologically impaired waters, by sent that the Senate concur in the conducted pursuant to section 3, the Secretary amendments of the House, and I move itself or in conjunction with other processes. shall administer and conduct a demonstration (2) SALINE WATER.—The term ‘‘saline water’’ and development program for water desalination to reconsider and lay on the table that means sea water, brackish water, and other and related activities, including the following: action. mineralized or chemically impaired water. (1) DESALINATION PLANTS AND MODULES.— The PRESIDING OFFICER. Without (3) UNITED STATES.—The term ‘‘United States’’ Conduct or contract for technical work, includ- objection, it is so ordered. means the States of the United States, the Dis- ing the design, construction, and testing of f trict of Columbia, the Commonwealth of Puerto plants and modules to develop desalination Rico, and the territories and possessions of the processes and concepts. AMENDING THE CLEAN AIR ACT United States. (2) BYPRODUCTS.—Study methods for the mar- Mr. NICKLES. I ask unanimous con- (4) USABLE WATER.—The term ‘‘usable water’’ keting of byproducts resulting from the means water of a high quality suitable for envi- sent that the Senate now proceed to desalting of water to offset the costs of treat- the consideration of H.R. 2988 which ronmental enhancement, agricultural, indus- ment and to reduce environmental impacts of trial, municipal, and other beneficial consump- those byproducts. was received from the House. tive or nonconsumptive uses. (3) ECONOMIC SURVEYS.—Conduct economic The PRESIDING OFFICER. The (5) SECRETARY.—The term ‘‘Secretary’’ means studies and surveys to determine present and clerk will report. the Secretary of the Interior. prospective costs of producing water for bene- The legislative clerk read as follows: SEC. 3. AUTHORIZATION OF RESEARCH AND ficial purposes in various locations by desalina- A bill (H.R. 2988) to amend the Clean Air STUDIES. tion processes compared to other methods. Act to provide that traffic signal synchroni- (a) IN GENERAL.—In order to determine the (b) COOPERATIVE AGREEMENTS.—Federal par- zation projects are exempt from certain re- most cost-effective and technologically efficient ticipation in desalination activities may be con- quirements of EPA rules. means by which usable water can be produced ducted through cooperative agreements, includ- The PRESIDING OFFICER. Is there from saline water or water otherwise impaired ing cost-sharing agreements, with non-Federal or contaminated, the Secretary is authorized to public utilities and State and local govern- objection to the immediate consider- award grants and to enter into contracts, to the mental agencies and other entities, in order to ation of the bill? extent provided in advance in appropriation develop recommendations for Federal participa- There being no objection, the Senate Acts, to conduct, encourage, and assist in the fi- tion in processes and plants utilizing desalting proceeded to consider the bill. nancing of research to develop processes for technologies for the production of water. Mr. NICKLES. I ask unanimous con- converting saline water into water suitable for sent that the bill be deemed read a beneficial uses. Awards of research grants and SEC. 5. AVAILABILITY OF INFORMATION. contracts under this section shall be made on All information from studies sponsored or third time, passed, the motion to re- the basis of a competitive, merit-reviewed proc- funded under authority of this Act shall be con- consider be laid on the table, and that ess. Research and study topics authorized by sidered public information. any statements relating to the bill be this section include— SEC. 6. TECHNICAL AND ADMINISTRATIVE AS- placed at this point in the RECORD. (1) investigating desalination processes; SISTANCE. The PRESIDING OFFICER. Without (2) ascertaining the optimum mix of invest- The Secretary may— objection, it is so ordered. ment and operating costs; (1) accept technical and administrative assist- f (3) determining the best designs for different ance from States and public or private agencies conditions of operation; in connection with studies, surveys, location, AMENDMENTS TO THE UNITED (4) investigating methods of increasing the construction, operation, and other work relating STATES-ISRAEL FREE TRADE to the desalting of water, and economic efficiency of desalination processes IMPLEMENTATION ACT through dual-purpose co-facilities with other (2) enter into contracts or agreements stating processes involving the use of water; the purposes for which the assistance is contrib- Mr. NICKLES. Mr. President, I ask (5) conducting or contracting for technical uted and providing for the sharing of costs be- unanimous consent the Senate proceed work, including the design, construction, and tween the Secretary and any such agency. to the immediate consideration of Cal- testing of pilot systems and test beds, to develop SEC. 7. COST SHARING. endar No. 404, H.R. 3074. desalting processes and concepts; The Federal share of the cost of a research, (6) studying methods for the recovery of by- The PRESIDING OFFICER. Without study, or demonstration project or a desalina- objection, it is so ordered. products resulting from desalination to offset tion development project or activity carried out the costs of treatment and to reduce environ- The clerk will report. under this Act shall not exceed 50 percent of the The legislative clerk read as follows: mental impacts from those byproducts; and total cost of the project or research or study ac- (7) salinity modeling and toxicity analysis of tivity. A Federal contribution in excess of 25 A bill (H.R. 3074), to amend the United brine discharges, cost reduction strategies for percent for a project carried out under this Act States-Israel Free Trade Area Implementa- constructing and operating desalination facili- may not be made unless the Secretary deter- tion Act of 1985, to provide the President ties, and the horticultural effects of desalinated mines that the project is not feasible without with additional proclamation authority with water used for irrigation. such increased Federal contribution. The Sec- respect to articles of the West Bank or Gaza (b) PROJECT RECOMMENDATIONS AND REPORTS retary shall prescribe appropriate procedures to Strip or a qualifying industrial zone, re- TO THE CONGRESS.—As soon as practicable and implement the provisions of this section. Costs of ported with an amendment. within three years after the date of enactment operation, maintenance, repair, and rehabilita- The PRESIDING OFFICER. Is there of this Act, the Secretary shall recommend to tion of facilities funded under the authority of objection to the immediate consider- Congress desalination demonstration projects or this Act shall be non-Federal responsibilities. full-scale desalination projects to carry out the ation of the bill? purposes of this Act and to further evaluate and SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There being no objection, the Senate implement the results of research and studies (a) SECTION 3.—There are authorized to be ap- proceeded to consider the bill, which conducted under the authority of this section. propriated to carry out section 3 of this Act had been reported from the Committee $5,000,000 per year for fiscal years 1997 through Recommendations for projects shall be accom- on Finance, with an amendment to panied by reports on the engineering and eco- 2002. Of these amounts, up to $1,000,000 in each fiscal year may be awarded to institutions of strike all after the enacting clause and nomic feasibility of proposed projects and their inserting in lieu thereof the following: environmental impacts. higher education, including United States-Mex- SECTION 1. TABLE OF CONTENTS. (c) AUTHORITY TO ENGAGE OTHERS.—In carry- ico binational research foundations and inter- ing out research and studies authorized in this university research programs established by the The table of contents is as follows: section, the Secretary may engage the necessary two countries, for research grants without any Sec. 1. Table of contents. personnel, industrial or engineering firms, Fed- cost-sharing requirement. TITLE I—EXTENSION OF FREE TRADE TO eral laboratories, water resources research and (b) SECTION 4.—There are authorized to be ap- WEST BANK AND GAZA propriated to carry out section 4 of this Act technology institutes, other facilities, and edu- Sec. 101. Additional proclamation authority. cational institutions suitable to conduct inves- $25,000,000 for fiscal years 1997 through 2002. TITLE II—APPROVAL AND IMPLEMENTA- tigations and studies authorized under this sec- SEC. 9. CONSULTATION. TION OF OECD SHIPBUILDING AGREE- tion. In carrying out the provisions of this Act, the MENT (d) ALTERNATIVE TECHNOLOGIES.—In carrying Secretary shall consult with the heads of other out the purposes of this Act, the Secretary shall Federal agencies, including the Secretary of the Subtitle A—General Provisions ensure that at least three separate technologies Army, which have experience in conducting de- Sec. 201. Short title. S11584 CONGRESSIONAL RECORD — SENATE September 27, 1996 Sec. 202. Approval of the Shipbuilding Agree- the cost or value of materials which are used in ‘‘(i) profit; and ment. the production of an article in the West Bank, ‘‘(ii) general expenses of doing business which Sec. 203. Injurious pricing and countermeasures the Gaza Strip, or a qualifying industrial zone, are either not allocable to the article or are not relating to shipbuilding. and are the products of the United States, may related to the growth, production, manufacture, Sec. 204. Enforcement of countermeasures. be counted in an amount up to 15 percent of the or assembly of the article, such as administra- Sec. 205. Judicial review in injurious pricing appraised value of the article. tive salaries, casualty and liability insurance, and countermeasure proceedings. ‘‘(b) APPLICABILITY OF CERTAIN PROVISIONS advertising, and salesmen’s salaries, commis- Subtitle B—Other Provisions OF THE AGREEMENT.— sions, or expenses. ‘‘(1) NONQUALIFYING OPERATIONS.—No article ‘‘(5) IMPORTED DIRECTLY.—For purposes of Sec. 211. Equipment and repair of vessels. shall be considered a new or different article of this section— Sec. 212. Effect of agreement with respect to commerce under this section, and no material ‘‘(A) articles are ‘imported directly’ if— private remedies. ‘‘(i) the articles are shipped directly from the Sec. 213. Implementing regulations. shall be included for purposes of determining the 35 percent requirement of subsection (a)(3), West Bank, the Gaza Strip, a qualifying indus- Sec. 214. Amendments to the Merchant Marine trial zone, or Israel into the United States with- Act, 1936. by virtue of having merely undergone— ‘‘(A) simple combining or packaging oper- out passing through the territory of any inter- Subtitle C—Effective Date ations, or mediate country; or Sec. 221. Effective date. ‘‘(B) mere dilution with water or with another ‘‘(ii) if shipment is through the territory of an intermediate country, the articles in the ship- TITLE III—GENERALIZED SYSTEM OF substance that does not materially alter the ment do not enter into the commerce of any in- PREFERENCES characteristics of the article or material. ‘‘(2) REQUIREMENTS FOR NEW OR DIFFERENT termediate country and the invoices, bills of lad- Sec. 301. Short title. ARTICLE OF COMMERCE.—For purposes of sub- ing, and other shipping documents specify the Sec. 302. Generalized system of preferences. section (a)(1), an article is a ‘new or different United States as the final destination; or Sec. 303. Effective date. ‘‘(B) if articles are shipped through an inter- Sec. 304. Conforming amendments. article of commerce’ if it is substantially trans- formed into an article having a new name, char- mediate country and the invoices and other doc- TITLE IV—REVENUE OFFSETS acter, or use. uments do not specify the United States as the Sec. 400. Amendment of 1986 Code. ‘‘(3) COST OR VALUE OF MATERIALS.—(A) For final destination, then the articles in the ship- ment, upon arrival in the United States, are im- Subtitle A—Foreign Trust Tax Compliance purposes of this section, the cost or value of ma- terials produced in the West Bank, the Gaza ported directly only if they— Sec. 401. Improved information reporting on ‘‘(i) remain under the control of the customs foreign trusts. Strip, or a qualifying industrial zone includes— ‘‘(i) the manufacturer’s actual cost for the authority in an intermediate country; Sec. 402. Comparable penalties for failure to file ‘‘(ii) do not enter into the commerce of an in- materials; return relating to transfers to for- ‘‘(ii) when not included in the manufacturer’s termediate country except for the purpose of a eign entities. actual cost for the materials, the freight, insur- sale other than at retail, but only if the articles Sec. 403. Modifications of rules relating to for- ance, packing, and all other costs incurred in are imported as a result of the original commer- eign trusts having one or more transporting the materials to the manufacturer’s cial transactions between the importer and the United States beneficiaries. plant; producer or the producer’s sales agent; and Sec. 404. Foreign persons not to be treated as ‘‘(iii) have not been subjected to operations ‘‘(iii) the actual cost of waste or spoilage, less owners under grantor trust rules. other than loading, unloading, or other activi- the value of recoverable scrap; and Sec. 405. Information reporting regarding for- ‘‘(iv) taxes or duties imposed on the materials ties necessary to preserve the article in good eign gifts. by the West Bank, the Gaza Strip, or a qualify- condition. ‘‘(6) DOCUMENTATION REQUIRED.—An article is Sec. 406. Modification of rules relating to for- ing industrial zone, if such taxes or duties are eligible for the duty exemption under this sec- eign trusts which are not grantor not remitted on exportation. tion only if— trusts. ‘‘(B) If a material is provided to the manufac- ‘‘(A) the importer certifies that the article Sec. 407. Residence of trusts, etc. turer without charge, or at less than fair market meets the conditions for the duty exemption; Subtitle B—International Shipping Income value, its cost or value shall be determined by Disclosure and computing the sum of— ‘‘(B) when requested by the Customs Service, Sec. 411. Penalties for failure to disclose posi- ‘‘(i) all expenses incurred in the growth, pro- the importer, manufacturer, or exporter submits tion that certain international duction, or manufacture of the material, includ- a declaration setting forth all pertinent informa- shipping income is not includible ing general expenses; tion with respect to the article, including the ‘‘(ii) an amount for profit; and in gross income. following: ‘‘(iii) freight, insurance, packing, and all TITLE I—EXTENSION OF FREE TRADE TO ‘‘(i) A description of the article, quantity, other costs incurred in transporting the material WEST BANK AND GAZA numbers, and marks of packages, invoice num- to the manufacturer’s plant. bers, and bills of lading. SEC. 101. ADDITIONAL PROCLAMATION AUTHOR- If the information necessary to compute the cost ITY. ‘‘(ii) A description of the operations performed or value of a material is not available, the Cus- The United States-Israel Free Trade Area Im- in the production of the article in the West toms Service may ascertain or estimate the value plementation Act of 1985 (19 U.S.C. 2112 note) is Bank, the Gaza Strip, a qualifying industrial thereof using all reasonable methods. amended by adding at the end the following zone, or Israel and identification of the direct ‘‘(4) DIRECT COSTS OF PROCESSING OPER- new section: costs of processing operations. ATIONS.—(A) For purposes of this section, the ‘‘(iii) A description of any materials used in ‘‘SEC. 9. ADDITIONAL PROCLAMATION AUTHOR- ‘direct costs of processing operations performed production of the article which are wholly the ITY. in the West Bank, Gaza Strip, or a qualifying growth, product, or manufacture of the West ‘‘(a) ELIMINATION OR MODIFICATIONS OF DU- industrial zone’ with respect to an article are Bank, the Gaza Strip, a qualifying industrial TIES.—The President is authorized to proclaim those costs either directly incurred in, or which zone, Israel or United States, and a statement as elimination or modification of any existing duty can be reasonably allocated to, the growth, pro- to the cost or value of such materials. as the President determines is necessary to ex- duction, manufacture, or assembly, of that arti- ‘‘(iv) A description of the operations per- empt any article from duty if— cle. Such costs include, but are not limited to, formed on, and a statement as to the origin and ‘‘(1) that article is wholly the growth, prod- the following to the extent that they are includ- cost or value of, any foreign materials used in uct, or manufacture of the West Bank, the Gaza ible in the appraised value of articles imported the article which are claimed to have been suffi- Strip, or a qualifying industrial zone or is a new into the United States: ciently processed in the West Bank, the Gaza or different article of commerce that has been ‘‘(i) All actual labor costs involved in the Strip, a qualifying industrial zone, or Israel so grown, produced, or manufactured in the West growth, production, manufacture, or assembly as to be materials produced in the West Bank, Bank, the Gaza Strip, or a qualifying industrial of the article, including fringe benefits, on-the- the Gaza Strip, a qualifying industrial zone, or zone; job training, and costs of engineering, super- Israel. ‘‘(2) that article is imported directly from the visory, quality control, and similar personnel. ‘‘(v) A description of the origin and cost or West Bank, the Gaza Strip, Israel, or a qualify- ‘‘(ii) Dies, molds, tooling, and depreciation on value of any foreign materials used in the arti- ing industrial zone; and machinery and equipment which are allocable to cle which have not been substantially trans- ‘‘(3) the sum of— the article. formed in the West Bank, the Gaza Strip, or a ‘‘(A) the cost or value of the materials pro- ‘‘(iii) Research, development, design, engi- qualifying industrial zone. duced in the West Bank, the Gaza Strip, Israel, neering, and blueprint costs insofar as they are ‘‘(c) SHIPMENT OF ARTICLES OF ISRAEL or a qualifying industrial zone, plus allocable to the article. THROUGH WEST BANK OR GAZA STRIP.—The ‘‘(B) the direct costs of processing operations ‘‘(iv) Costs of inspecting and testing the arti- President is authorized to proclaim that articles performed in the West Bank, the Gaza Strip, Is- cle. of Israel may be treated as though they were ar- rael, or a qualifying industrial zone, ‘‘(B) Those items that are not included as di- ticles directly shipped from Israel for the pur- is not less than 35 percent of the appraised rect costs of processing operations with respect poses of the Agreement even if shipped to the value of the product at the time it is entered to an article are those which are not directly at- United States from the West Bank, the Gaza into the United States. tributable to the article or are not costs of man- Strip, or a qualifying industrial zone, if the arti- For purposes of determining the 35 percent con- ufacturing the article. Such items include, but cles otherwise meet the requirements of the tent requirement contained in paragraph (3), are not limited to— Agreement. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11585

‘‘(d) TREATMENT OF COST OR VALUE OF MATE- directly to one or more United States buyers at was capable of building the vessel concerned RIALS.—The President is authorized to proclaim less than its fair value, and and, if the petitioner knew or should have that the cost or value of materials produced in ‘‘(2) the Commission determines that— known of the proposed purchase, it made de- the West Bank, the Gaza Strip, or a qualifying ‘‘(A) an industry in the United States— monstrable efforts to conclude a sale with the industrial zone may be included in the cost or ‘‘(i) is or has been materially injured, or United States buyer consistent with the delivery value of materials produced in Israel under sec- ‘‘(ii) is threatened with material injury, or date and technical requirements of the buyer. tion 1(c)(i) of Annex 3 of the Agreement, and the ‘‘(B) the establishment of an industry in the ‘‘(ii) REBUTTABLE PRESUMPTION REGARDING direct costs of processing operations performed United States is or has been materially retarded, KNOWLEDGE OF PROPOSED PURCHASE.—For pur- in the West Bank, the Gaza Strip, or a qualify- by reason of the sale of such vessel, then there poses of clause (i)(III), there is a rebuttable pre- ing industrial zone may be included in the direct shall be imposed upon the foreign producer of sumption that the petitioner knew or should costs of processing operations performed in Is- the subject vessel an injurious pricing charge, in have known of the proposed purchase if it is rael under section 1(c)(ii) of Annex 3 of the an amount equal to the amount by which the demonstrated that— Agreement. normal value exceeds the export price for the ‘‘(I) the majority of the producers in the in- ‘‘(e) QUALIFYING INDUSTRIAL ZONE DEFINED.— vessel. For purposes of this subsection and sec- dustry have made efforts with the United States For purposes of this section, a ‘qualifying in- tion 805(b)(1), a reference to the sale of a foreign buyer to conclude a sale of the subject vessel, or dustrial zone’ means any area that— vessel includes the creation or transfer of an ‘‘(II) general information on the sale was ‘‘(1) encompasses portions of the territory of ownership interest in the vessel, except for an available from brokers, financiers, classification Israel and Jordan or Israel and Egypt; ownership interest created or acquired solely for societies, charterers, trade associations, or other ‘‘(2) has been designated by local authorities the purpose of providing security for a normal entities normally involved in shipbuilding trans- as an enclave where merchandise may enter commercial loan. actions with whom the petitioner had regular without payment of duty or excise taxes; and ‘‘(b) FOREIGN VESSELS NOT MERCHANDISE.— contacts or dealings. ‘‘(3) has been specified by the President as a No foreign vessel may be considered to be, or to ‘‘(C) PETITIONERS DESCRIBED IN SECTION qualifying industrial zone.’’. be part of, a class or kind of merchandise for 861(17)(D).—If the petitioner is an interested party TITLE II—APPROVAL AND IMPLEMENTA- purposes of subtitle B of title VII. described in section 861(17)(D), the petition shall include information indicating that members of TION OF OECD SHIPBUILDING AGREE- ‘‘SEC. 802. PROCEDURES FOR INITIATING AN IN- MENT JURIOUS PRICING INVESTIGATION. the union or group of workers described in that section are employed by a producer that meets ‘‘(a) INITIATION BY ADMINISTERING AUTHOR- Subtitle A—General Provisions the requirements of subparagraph (B) of this ITY.— SEC. 201. SHORT TITLE. paragraph. ‘‘(1) GENERAL RULE.—Except in the case in This title may be cited as the ‘‘OECD Ship- ‘‘(D) PETITIONERS DESCRIBED IN SECTION which subsection (d)(6) applies, an injurious building Agreement Act’’. 861(17)(E).—If the petitioner is an interested party pricing investigation shall be initiated whenever described in section 861(17)(E), the petition shall SEC. 202. APPROVAL OF THE SHIPBUILDING the administering authority determines, from in- AGREEMENT. include information indicating that a member of formation available to it, that a formal inves- The Congress approves The Agreement Re- the association described in that section is a tigation is warranted into the question of specting Normal Competitive Conditions in the producer that meets the requirements of sub- whether the elements necessary for the imposi- Commercial Shipbuilding and Repair Industry paragraph (B) of this paragraph. tion of a charge under section 801(a) exist, and (hereafter in this title referred to as the ‘‘Ship- ‘‘(E) PETITIONERS DESCRIBED IN SECTION whether a producer described in section building Agreement’’), a reciprocal trade agree- 861(17)(F).—If the petitioner is an interested party 861(17)(C) would meet the criteria of subsection ment which resulted from negotiations under described in section 861(17)(F), the petition shall (b)(1)(B) for a petitioner. the auspices of the Organization for Economic include information indicating that a member of ‘‘(2) TIME FOR INITIATION BY ADMINISTERING Cooperation and Development, and was entered the association described in that section meets AUTHORITY.—An investigation may only be initi- into on December 21, 1994. the requirements of subparagraph (C) or (D) of ated under paragraph (1) within 6 months after this paragraph. SEC. 203. INJURIOUS PRICING AND COUNTER- the time the administering authority first knew MEASURES RELATING TO SHIP- ‘‘(F) AMENDMENTS.—The petition may be or should have known of the sale of the vessel. BUILDING. amended at such time, and upon such condi- Any period during which an investigation is ini- The Tariff Act of 1930 is amended by adding tions, as the administering authority and the tiated and pending as described in subsection at the end the following new title: Commission may permit. (d)(6)(A) shall not be included in calculating ‘‘(2) SIMULTANEOUS FILING WITH COMMIS- ‘‘TITLE VIII—INJURIOUS PRICING AND that 6-month period. SION.—The petitioner shall file a copy of the pe- COUNTERMEASURES RELATING TO ‘‘(b) INITIATION BY PETITION.— SHIPBUILDING tition with the Commission on the same day as ‘‘(1) PETITION REQUIREMENTS.— it is filed with the administering authority. ‘‘Subtitle A—Imposition of Injurious Pricing ‘‘(A) IN GENERAL.—Except in a case in which ‘‘(3) DEADLINE FOR FILING PETITION.— Charge and Countermeasures subsection (d)(6) applies, an injurious pricing ‘‘(A) DEADLINE.—(i) A petitioner to which ‘‘Sec. 801. Injurious pricing charge. proceeding shall be initiated whenever an inter- paragraph (1)(B)(i) (I) or (II) applies shall file ‘‘Sec. 802. Procedures for initiating an inju- ested party, as defined in subparagraph (C), the petition no later than the earlier of— rious pricing investigation. (D), (E), or (F) of section 861(17), files a petition ‘‘(I) 6 months after the time that the petitioner ‘‘Sec. 803. Preliminary determinations. with the administering authority, on behalf of first knew or should have known of the sale of ‘‘Sec. 804. Termination or suspension of in- an industry, which alleges the elements nec- the subject vessel, or vestigation. essary for the imposition of an injurious pricing ‘‘(II) 6 months after delivery of the subject ‘‘Sec. 805. Final determinations. charge under section 801(a) and the elements re- vessel. ‘‘Sec. 806. Imposition and collection of inju- quired under subparagraph (B), (C), (D), or (E) ‘‘(ii) A petitioner to which paragraph rious pricing charge. of this paragraph, and which is accompanied by (1)(B)(i)(III) applies shall— ‘‘Sec. 807. Imposition of countermeasures. information reasonably available to the peti- ‘‘(I) file the petition no later than the earlier ‘‘Sec. 808. Injurious pricing petitions by tioner supporting those allegations and identify- of 9 months after the time that the petitioner third countries. ing the transaction concerned. first knew or should have known of the sale of ‘‘Subtitle B—Special Rules ‘‘(B) PETITIONERS DESCRIBED IN SECTION the subject vessel, or 6 months after delivery of 861(17)(C).— ‘‘Sec. 821. Export price. the subject vessel, and ‘‘(i) IN GENERAL.—If the petitioner is a pro- ‘‘Sec. 822. Normal value. ‘‘(II) submit to the administering authority a ducer described in section 861(17)(C), and— ‘‘Sec. 823. Currency conversion. notice of intent to file a petition no later than ‘‘(I) if the vessel was sold through a broad 6 months after the time that the petitioner first ‘‘Subtitle C—Procedures multiple bid, the petition shall include informa- knew or should have known of the sale (unless ‘‘Sec. 841. Hearings. tion indicating that the petitioner was invited to the petition itself is filed within that 6-month ‘‘Sec. 842. Determinations on the basis of tender a bid on the contract at issue, the peti- period). the facts available. tioner actually did so, and the bid of the peti- ‘‘(B) PRESUMPTION OF KNOWLEDGE.—For pur- ‘‘Sec. 843. Access to information. tioner substantially met the delivery date and poses of this paragraph, if the existence of the ‘‘Sec. 844. Conduct of investigations. technical requirements of the bid, sale, together with general information concern- ‘‘Sec. 845. Administrative action following ‘‘(II) if the vessel was sold through any bid- ing the vessel, is published in the international shipbuilding agreement panel re- ding process other than a broad multiple bid trade press, there is a rebuttable presumption ports. and the petitioner was invited to tender a bid on that the petitioner knew or should have known ‘‘Subtitle D—Definitions the contract at issue, the petition shall include of the sale of the vessel from the date of that ‘‘Sec. 861. Definitions. information indicating that the petitioner actu- publication. ally did so and the bid of the petitioner substan- ‘‘(c) ACTIONS BEFORE INITIATING INVESTIGA- ‘‘Subtitle A—Imposition of Injurious Pricing tially met the delivery date and technical re- TIONS.— Charge and Countermeasures quirements of the bid, or ‘‘(1) NOTIFICATION OF GOVERNMENTS.—Before ‘‘SEC. 801. INJURIOUS PRICING CHARGE. ‘‘(III) except in a case in which the vessel was initiating an investigation under either sub- ‘‘(a) BASIS FOR CHARGE.—If— sold through a broad multiple bid, if there is no section (a) or (b), the administering authority ‘‘(1) the administering authority determines invitation to tender a bid, the petition shall in- shall notify the government of the exporting that a foreign vessel has been sold directly or in- clude information indicating that the petitioner country of the investigation. In the case of the S11586 CONGRESSIONAL RECORD — SENATE September 27, 1996 initiation of an investigation under subsection determine if there is support for the petition as basis to believe or suspect that the subject vessel (b), such notification shall include a public ver- required by subparagraph (A), or was sold at less than fair value. sion of the petition. ‘‘(ii) if there is a large number of producers in ‘‘(B) COST DATA USED FOR NORMAL VALUE.—If ‘‘(2) ACCEPTANCE OF COMMUNICATIONS.—The the industry, the administering authority may cost data is required to determine normal value administering authority shall not accept any determine industry support for the petition by on the basis of a sale of a foreign like vessel that unsolicited oral or written communication from using any statistically valid sampling method to has not been delivered on or before the date on any person other than an interested party de- poll the industry. which the administering authority initiates the scribed in section 861(17) (C), (D), (E), or (F) be- ‘‘(D) COMMENTS BY INTERESTED PARTIES.—Be- investigation, the administering authority shall fore the administering authority makes its deci- fore the administering authority makes a deter- make its determination within 160 days after the sion whether to initiate an investigation pursu- mination with respect to initiating an investiga- date of delivery of the foreign like vessel. ant to a petition, except for inquiries regarding tion, any person who would qualify as an inter- ‘‘(C) NORMAL VALUE BASED ON CONSTRUCTED the status of the administering authority’s con- ested party under section 861(17) if an investiga- VALUE.—If normal value is to be determined on sideration of the petition or a request for con- tion were initiated, may submit comments or in- the basis of constructed value, the administering sultation by the government of the exporting formation on the issue of industry support. authority shall make its determination within country. After the administering authority makes a deter- 160 days after the date of delivery of the subject ‘‘(3) NONDISCLOSURE OF CERTAIN INFORMA- mination with respect to initiating an investiga- vessel. TION.—The administering authority and the tion, the determination regarding industry sup- ‘‘(D) OTHER CASES.—In cases in which sub- Commission shall not disclose information with port shall not be reconsidered. paragraph (B) or (C) does not apply, the admin- regard to any draft petition submitted for review ‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR istering authority shall make its determination and comment before it is filed under subsection WORKERS.—For purposes of this subsection, the within 160 days after the date on which the ad- (b)(1). term ‘domestic producers or workers’ means in- ministering authority initiates the investigation ‘‘(d) PETITION DETERMINATION.— terested parties as defined in section 861(17) (C), under section 802. ‘‘(1) TIME FOR INITIAL DETERMINATION.— (D), (E), or (F). ‘‘(E) AFFIRMATIVE DETERMINATION BY COM- ‘‘(A) IN GENERAL.—Within 45 days after the ‘‘(6) PROCEEDINGS BY WTO MEMBERS.—The ad- MISSION REQUIRED.—In no event shall the ad- date on which a petition is filed under sub- ministering authority shall not initiate an inves- ministering authority make its determination be- section (b), the administering authority shall, tigation under this section if, with respect to the fore an affirmative determination is made by the after examining, on the basis of sources readily vessel sale at issue, an antidumping proceeding Commission under subsection (a). available to the administering authority, the ac- conducted by a WTO member who is not a Ship- ‘‘(2) DE MINIMIS INJURIOUS PRICING MARGIN.— curacy and adequacy of the evidence provided building Agreement Party— In making a determination under this sub- in the petition, determine whether the petition— ‘‘(A) has been initiated and has been pending section, the administering authority shall dis- ‘‘(i) alleges the elements necessary for the im- for not more than one year, or regard any injurious pricing margin that is de position of an injurious pricing charge under ‘‘(B) has been completed and resulted in the minimis. For purposes of the preceding sentence, section 801(a) and the elements required under imposition of antidumping measures or a nega- an injurious pricing margin is de minimis if the subsection (b)(1) (B), (C), (D), or (E), and con- tive determination with respect to whether the administering authority determines that the in- tains information reasonably available to the sale was at less than fair value or with respect jurious pricing margin is less than 2 percent of petitioner supporting the allegations; and to injury. the export price. ‘‘(ii) determine if the petition has been filed by ‘‘(e) NOTIFICATION TO COMMISSION OF DETER- ‘‘(c) EXTENSION OF PERIOD IN EXTRAOR- or on behalf of the industry. MINATION.—The administering authority shall— DINARILY COMPLICATED CASES OR FOR GOOD ‘‘(B) CALCULATION OF 45-DAY PERIOD.—Any CAUSE.— period in which paragraph (6)(A) applies shall ‘‘(1) notify the Commission immediately of any determination it makes under subsection (a) or ‘‘(1) IN GENERAL.—If— not be included in calculating the 45-day period ‘‘(A) the administering authority concludes described in subparagraph (A). (d), and ‘‘(2) if the determination is affirmative, make that the parties concerned are cooperating and ‘‘(2) AFFIRMATIVE DETERMINATIONS.—If the determines that— determinations under clauses (i) and (ii) of available to the Commission such information as it may have relating to the matter under inves- ‘‘(i) the case is extraordinarily complicated by paragraph (1)(A) are affirmative, the admin- reason of— istering authority shall initiate an investigation tigation, under such procedures as the admin- istering authority and the Commission may es- ‘‘(I) the novelty of the issues presented, or to determine whether the vessel was sold at less ‘‘(II) the nature and extent of the information tablish to prevent disclosure, other than with than fair value, unless paragraph (6) applies. required, and the consent of the party providing it or under ‘‘(3) NEGATIVE DETERMINATIONS.—If— ‘‘(ii) additional time is necessary to make the protective order, of any information to which ‘‘(A) the determination under clause (i) or (ii) preliminary determination, or confidential treatment has been given by the ad- of paragraph (1)(A) is negative, or ‘‘(B) a party to the investigation requests an ministering authority. ‘‘(B) paragraph (6)(B) applies, extension and demonstrates good cause for the the administering authority shall dismiss the pe- ‘‘SEC. 803. PRELIMINARY DETERMINATIONS. extension, tition, terminate the proceeding, and notify the ‘‘(a) DETERMINATION BY COMMISSION OF REA- then the administering authority may postpone petitioner in writing of the reasons for the deter- SONABLE INDICATION OF INJURY.— the time for making its preliminary determina- mination. ‘‘(1) GENERAL RULE.—Except in the case of a tion. ‘‘(4) DETERMINATION OF INDUSTRY SUPPORT.— petition dismissed by the administering author- ‘‘(A) GENERAL RULE.—For purposes of this ‘‘(2) LENGTH OF POSTPONEMENT.—The prelimi- ity under section 802(d)(3), the Commission, nary determination may be postponed under subsection, the administering authority shall de- within the time specified in paragraph (2), shall termine that the petition has been filed by or on paragraph (1)(A) or (B) until not later than the determine, based on the information available to 190th day after— behalf of the domestic industry, if— it at the time of the determination, whether ‘‘(i) the domestic producers or workers who ‘‘(A) the date of delivery of the foreign like there is a reasonable indication that— support the petition collectively account for at vessel, if subsection (b)(1)(B) applies, ‘‘(A) an industry in the United States— least 25 percent of the total capacity of domestic ‘‘(B) the date of delivery of the subject vessel, ‘‘(i) is or has been materially injured, or producers capable of producing a like vessel, if subsection (b)(1)(C) applies, or ‘‘(ii) is threatened with material injury, or and ‘‘(C) the date on which the administering au- ‘‘(B) the establishment of an industry in the ‘‘(ii) the domestic producers or workers who thority initiates an investigation under section United States is or has been materially retarded, support the petition collectively account for 802, in a case in which subsection (b)(1)(D) ap- more than 50 percent of the total capacity to by reason of the sale of the subject vessel. If the plies. produce a like vessel of that portion of the do- Commission makes a negative determination ‘‘(3) NOTICE OF POSTPONEMENT.—The admin- mestic industry expressing support for or opposi- under this paragraph, the investigation shall be istering authority shall notify the parties to the tion to the petition. terminated. investigation, not later than 20 days before the ‘‘(B) CERTAIN POSITIONS DISREGARDED.—In de- ‘‘(2) TIME FOR COMMISSION DETERMINATION.— date on which the preliminary determination termining industry support under subparagraph The Commission shall make the determination would otherwise be required under subsection (A), the administering authority shall disregard described in paragraph (1) within 90 days after (b)(1), if it intends to postpone making the pre- the position of domestic producers who oppose the date on which the petition is filed or, in the liminary determination under paragraph (1). the petition, if such producers are related to the case of an investigation initiated under section The notification shall include an explanation of foreign producer or United States buyer of the 802(a), within 90 days after the date on which the reasons for the postponement, and notice of subject vessel, or the domestic producer is itself the Commission receives notice from the admin- the postponement shall be published in the Fed- the United States buyer, unless such domestic istering authority that the investigation has eral Register. producers demonstrate that their interests as do- been initiated under such section. ‘‘(d) EFFECT OF DETERMINATION BY THE AD- mestic producers would be adversely affected by ‘‘(b) PRELIMINARY DETERMINATION BY ADMIN- MINISTERING AUTHORITY.—If the preliminary de- the imposition of an injurious pricing charge. ISTERING AUTHORITY.— termination of the administering authority ‘‘(C) POLLING THE INDUSTRY.—If the petition ‘‘(1) PERIOD OF INJURIOUS PRICING INVESTIGA- under subsection (b) is affirmative, the admin- does not establish support of domestic producers TION.— istering authority shall— or workers accounting for more than 50 percent ‘‘(A) IN GENERAL.—The administering author- ‘‘(1) determine an estimated injurious pricing of the total capacity to produce a like vessel— ity shall make a determination, based upon the margin, and ‘‘(i) the administering authority shall poll the information available to it at the time of the de- ‘‘(2) make available to the Commission all in- industry or rely on other information in order to termination, of whether there is a reasonable formation upon which its determination was September 27, 1996 CONGRESSIONAL RECORD — SENATE S11587 based and which the Commission considers rel- ‘‘SEC. 805. FINAL DETERMINATIONS. evant to its determination, under such proce- evant to its injury determination, under such ‘‘(a) DETERMINATIONS BY ADMINISTERING AU- dures as the administering authority and the procedures as the administering authority and THORITY.— Commission may establish to prevent disclosure, the Commission may establish to prevent disclo- ‘‘(1) IN GENERAL.—Within 75 days after the other than with the consent of the party provid- sure, other than with the consent of the party date of its preliminary determination under sec- ing it or under protective order, of any informa- providing it or under protective order, of any in- tion 803(b), the administering authority shall tion as to which confidential treatment has been formation to which confidential treatment has make a final determination of whether the ves- given by the administering authority, and been given by the administering authority. sel which is the subject of the investigation has ‘‘(B) calculate an injurious pricing charge in ‘‘(e) NOTICE OF DETERMINATION.—Whenever been sold in the United States at less than its an amount equal to the amount by which the the Commission or the administering authority fair value. normal value exceeds the export price of the makes a determination under this section, the ‘‘(2) EXTENSION OF PERIOD FOR DETERMINA- subject vessel. Commission or the administering authority, as TION.— ‘‘(2) ISSUANCE OF ORDER; EFFECT OF NEGATIVE the case may be, shall notify the petitioner, and ‘‘(A) GENERAL RULE.—The administering au- DETERMINATION.—If the determinations of the other parties to the investigation, and the Com- thority may postpone making the final deter- administering authority and the Commission mission or the administering authority (which- mination under paragraph (1) until not later under subsections (a)(1) and (b)(1) are affirma- ever is appropriate) of its determination. The than 290 days after— tive, then the administering authority shall administering authority shall include with such ‘‘(i) the date of delivery of the foreign like ves- issue an injurious pricing order under section notification the facts and conclusions on which sel, in an investigation to which section 806. If either of such determinations is negative, its determination is based. Not later than 5 days 803(b)(1)(B) applies, the investigation shall be terminated upon the after the date on which the determination is re- ‘‘(ii) the date of delivery of the subject vessel, publication of notice of that negative determina- quired to be made under subsection (a)(2), the in an investigation to which section 803(b)(1)(C) tion. Commission shall transmit to the administering applies, or ‘‘(d) PUBLICATION OF NOTICE OF DETERMINA- authority the facts and conclusions on which its ‘‘(iii) the date on which the administering au- TIONS.—Whenever the administering authority determination is based. thority initiates the investigation under section or the Commission makes a determination under ‘‘SEC. 804. TERMINATION OR SUSPENSION OF IN- 802, in an investigation to which section this section, it shall notify the petitioner, other VESTIGATION. 803(b)(1)(D) applies. parties to the investigation, and the other agen- ‘‘(a) TERMINATION OF INVESTIGATION UPON ‘‘(B) REQUEST REQUIRED.—The administering cy of its determination and of the facts and con- WITHDRAWAL OF PETITION.— authority may apply subparagraph (A) if a re- clusions of law upon which the determination is ‘‘(1) IN GENERAL.—Except as provided in para- quest in writing is made by— based, and it shall publish notice of its deter- graph (2), an investigation under this subtitle ‘‘(i) the producer of the subject vessel, in a mination in the Federal Register. may be terminated by either the administering proceeding in which the preliminary determina- ‘‘(e) CORRECTION OF MINISTERIAL ERRORS.— authority or the Commission, after notice to all tion by the administering authority under sec- The administering authority shall establish pro- parties to the investigation, upon withdrawal of tion 803(b) was affirmative, or cedures for the correction of ministerial errors in the petition by the petitioner. ‘‘(ii) the petitioner, in a proceeding in which final determinations within a reasonable time ‘‘(2) LIMITATION ON TERMINATION BY COMMIS- the preliminary determination by the admin- after the determinations are issued under this SION.—The Commission may not terminate an istering authority under section 803(b) was neg- section. Such procedures shall ensure oppor- investigation under paragraph (1) before a pre- ative. tunity for interested parties to present their liminary determination is made by the admin- ‘‘(3) DE MINIMIS INJURIOUS PRICING MARGIN.— views regarding any such errors. As used in this istering authority under section 803(b). In making a determination under this sub- subsection, the term ‘ministerial error’ includes ‘‘(b) TERMINATION OF INVESTIGATIONS INITI- section, the administering authority shall dis- errors in addition, subtraction, or other arith- ATED BY ADMINISTERING AUTHORITY.—The ad- regard any injurious pricing margin that is de metic function, clerical errors resulting from in- ministering authority may terminate any inves- minimis as defined in section 803(b)(2). accurate copying, duplication, or the like, and tigation initiated by the administering authority ‘‘(b) FINAL DETERMINATION BY COMMISSION.— any other type of unintentional error which the under section 802(a) after providing notice of ‘‘(1) IN GENERAL.—The Commission shall make administering authority considers ministerial. such termination to all parties to the investiga- a final determination of whether— ‘‘SEC. 806. IMPOSITION AND COLLECTION OF IN- tion. ‘‘(A) an industry in the United States— JURIOUS PRICING CHARGE. ‘‘(c) ALTERNATE EQUIVALENT REMEDY.—The ‘‘(i) is or has been materially injured, or ‘‘(a) IN GENERAL.—Within 7 days after being criteria set forth in subparagraphs (A) through ‘‘(ii) is threatened with material injury, or notified by the Commission of an affirmative de- (D) of section 806(e)(1) shall apply to any agree- ‘‘(B) the establishment of an industry in the termination under section 805(b), the admin- ment that forms the basis for termination of an United States is or has been materially retarded, istering authority shall publish an order impos- ing an injurious pricing charge on the foreign investigation under subsection (a) or (b). by reason of the sale of the vessel with respect ‘‘(d) PROCEEDINGS BY WTO MEMBERS.— producer of the subject vessel which— to which the administering authority has made ‘‘(1) directs the foreign producer of the subject ‘‘(1) SUSPENSION OF INVESTIGATION.—The ad- an affirmative determination under subsection ministering authority and the Commission shall vessel to pay to the Secretary of the Treasury, (a)(1). or the designee of the Secretary, within 180 days suspend an investigation under this section if a ERIOD FOR INJURY DETERMINATION FOL- ‘‘(2) P from the date of publication of the order, an in- WTO member that is not a Shipbuilding Agree- LOWING AFFIRMATIVE PRELIMINARY DETERMINA- jurious pricing charge in an amount equal to ment Party initiates an antidumping proceeding TION BY ADMINISTERING AUTHORITY.—If the pre- the amount by which the normal value exceeds described in section 861(30)(A) with respect to liminary determination by the administering au- the sale of the subject vessel. the export price of the subject vessel, thority under section 803(b) is affirmative, then ‘‘(2) includes the identity and location of the ‘‘(2) TERMINATION OF INVESTIGATION.—If an the Commission shall make the determination foreign producer and a description of the subject antidumping proceeding described in paragraph required by paragraph (1) before the later of— (1) is concluded by— vessel, in such detail as the administering au- ‘‘(A) the 120th day after the day on which the thority deems necessary, and ‘‘(A) the imposition of antidumping measures, administering authority makes its affirmative or ‘‘(3) informs the foreign producer that— preliminary determination under section 803(b), ‘‘(A) failure to pay the injurious pricing ‘‘(B) a negative determination with respect to or charge in a timely fashion may result in the im- whether the sale is at less than fair value or ‘‘(B) the 45th day after the day on which the position of countermeasures with respect to that with respect to injury, administering authority makes its affirmative producer under section 807, the administering authority and the Commission final determination under subsection (a). ‘‘(B) payment made after the deadline de- shall terminate the investigation under this sec- ‘‘(3) PERIOD FOR INJURY DETERMINATION FOL- scribed in paragraph (1) shall be subject to in- tion. LOWING NEGATIVE PRELIMINARY DETERMINATION terest charges at the Commercial Interest Ref- ‘‘(3) CONTINUATION OF INVESTIGATION.—(A) If BY ADMINISTERING AUTHORITY.—If the prelimi- erence Rate (CIRR), and such a proceeding— nary determination by the administering au- ‘‘(C) the foreign producer may request an ex- ‘‘(i) is concluded by a result other than a re- thority under section 803(b) is negative, and its tension of the due date for payment under sub- sult described in paragraph (2), or final determination under subsection (a) is af- section (b). ‘‘(ii) is not concluded within one year from firmative, then the final determination by the ‘‘(b) EXTENSION OF DUE DATE FOR PAYMENT the date of the initiation of the proceeding, Commission under this subsection shall be made IN EXTRAORDINARY CIRCUMSTANCES.— then the administering authority and the Com- within 75 days after the date of that affirmative ‘‘(1) EXTENSION.—Upon request, the admin- mission shall terminate the suspension and con- final determination. istering authority may amend the order under tinue the investigation. The period in which the ‘‘(c) EFFECT OF FINAL DETERMINATIONS.— subsection (a) to set a due date for payment or investigation was suspended shall not be in- ‘‘(1) EFFECT OF AFFIRMATIVE DETERMINATION payments later than the date that is 180 days cluded in calculating deadlines applicable with BY THE ADMINISTERING AUTHORITY.—If the de- from the date of publication of the order, if the respect to the investigation. termination of the administering authority administering authority determines that full ‘‘(B) Notwithstanding subparagraph (A)(ii), if under subsection (a) is affirmative, then the ad- payment in 180 days would render the producer the proceeding is concluded by a result de- ministering authority shall— insolvent or would be incompatible with a judi- scribed in paragraph (2)(A), the administering ‘‘(A) make available to the Commission all in- cially supervised reorganization. When an ex- authority and the Commission shall terminate formation upon which such determination was tended payment schedule provides for a series of the investigation under this section. based and which the Commission considers rel- partial payments, the administering authority S11588 CONGRESSIONAL RECORD — SENATE September 27, 1996

shall specify the circumstances under which de- ‘‘(1) GENERAL RULE.—The administering au- authority shall amend the order accordingly. fault on one or more payments will result in the thority shall issue a notice of intent to impose The administering authority shall promptly imposition of countermeasures. countermeasures not later than 30 days before publish the determination and any amendment ‘‘(2) INTEREST CHARGES.—If a request is grant- the expiration of the time for payment specified to the order in the Federal Register, and shall ed under paragraph (1), payments made after in the injurious pricing order (or extended pay- provide a copy of any amended order to the the date that is 180 days from the publication of ment provided for under section 806(b)), and Customs Service. In extraordinary cir- the order shall be subject to interest charges at shall publish the notice in the Federal Register cumstances, the administering authority may the CIRR. within 7 days after issuing the notice. extend the time for its determination under ‘‘(c) NOTIFICATION OF ORDER.—The admin- ‘‘(2) ELEMENTS OF THE NOTICE OF INTENT.— paragraph (2)(B) to not later than 150 days istering authority shall deliver a copy of the The notice of intent shall contain at least the after the date on which the notice of initiation order requesting payment to the foreign pro- following elements: of the review is published. ducer of the subject vessel and to an appropriate ‘‘(A) SCOPE.—A permit to lade or unlade pas- ‘‘(e) EXTENSION OF COUNTERMEASURES.— representative of the government of the export- sengers or merchandise may not be issued with ‘‘(1) REQUEST FOR EXTENSION.—Within the ing country. respect to any vessel— time described in paragraph (2), an interested ‘‘(d) REVOCATION OF ORDER.—The administer- ‘‘(i) built by the foreign producer subject to party may file with the administering authority ing authority— the proposed countermeasures, and a request that the scope or duration of counter- ‘‘(1) may revoke an injurious pricing order if ‘‘(ii) with respect to which the material terms measures be extended. the administering authority determines that pro- of sale are established within a period of 4 con- ‘‘(2) DEADLINE FOR REQUEST FOR EXTENSION.— ducers accounting for substantially all of the secutive years beginning on the date that is 30 ‘‘(A) REQUEST FOR EXTENSION BEYOND 4 capacity to produce a domestic like vessel have days after publication in the Federal Register of YEARS.—If the request seeks an extension that expressed a lack of interest in the order, and the notice of intent described in paragraph (1). would cause the scope or duration of counter- ‘‘(2) shall revoke an injurious pricing order— ‘‘(B) DURATION.—For each vessel described in measures to exceed 4 years, including any prior ‘‘(A) if the sale of the vessel that was the sub- subparagraph (A), a permit to lade or unlade extensions, the request for extension under ject of the injurious pricing determination is passengers or merchandise may not be issued for paragraph (1) shall be filed not earlier than the voided, a period of 4 years after the date of delivery of date that is 15 months, and not later than the ‘‘(B) if the injurious pricing charge is paid in the vessel. date that is 12 months, before the date that full, including any interest accrued for late pay- ‘‘(c) DETERMINATION TO IMPOSE COUNTER- marks the end of the period that specifies the ment, MEASURES; ORDER.— vessels that fall within the scope of the order by ‘‘(C) upon full implementation of an alter- ‘‘(1) GENERAL RULE.—The administering au- virtue of the establishment of material terms of native equivalent remedy described in subsection thority shall, within the time specified in para- sale within that period. (e), or graph (2), issue a determination and order im- ‘‘(B) OTHER REQUESTS.—If the request seeks ‘‘(D) if, with respect to the vessel sale that posing countermeasures. an extension under paragraph (1) other than was at issue in the investigation that resulted in ‘‘(2) TIME FOR DETERMINATION.—The deter- one described in subparagraph (A), the request the injurious pricing order, an antidumping pro- mination shall be issued within 90 days after the shall be filed not earlier than the date that is 6 ceeding conducted by a WTO member who is not date on which the notice of intent to impose months, and not later than a date that is 3 a Shipbuilding Agreement Party has been com- countermeasures under subsection (b) is pub- months, before the date that marks the end of pleted and resulted in the imposition of anti- lished in the Federal Register. The administer- the period referred to in subparagraph (A). dumping measures. ing authority shall publish the determination, ‘‘(3) DETERMINATION.— ‘‘(e) ALTERNATIVE EQUIVALENT REMEDY.— and the order described in paragraph (4), in the ‘‘(A) NOTICE OF REQUEST FOR EXTENSION.—If ‘‘(1) AGREEMENT FOR ALTERNATE REMEDY.— Federal Register within 7 days after issuing the a proper request has been received under para- The administering authority may suspend an final determination, and shall provide a copy of graph (1), the administering authority shall injurious pricing order if the administering au- the determination and order to the Customs publish notice of initiation of an extension pro- thority enters into an agreement with the for- Service. ceeding in the Federal Register not later than 15 eign producer subject to the order on an alter- ‘‘(3) CONTENT OF THE DETERMINATION.—In the days after the applicable deadline in paragraph native equivalent remedy, that the administer- determination imposing countermeasures, the (2) for requesting the extension. ing authority determines— administering authority shall determine wheth- ‘‘(B) PROCEDURES.— ‘‘(A) is at least as effective a remedy as the in- er, in light of all of the circumstances, an inter- ‘‘(i) REQUESTS FOR EXTENSION BEYOND 4 jurious pricing charge, ested party has demonstrated that the scope or YEARS.—If paragraph (2)(A) applies to the re- ‘‘(B) is in the public interest, duration of the countermeasures described in quest, the administering authority shall consult ‘‘(C) can be effectively monitored and en- subsection (b)(2) should be narrower or shorter with the Trade Representative under paragraph forced, and than the scope or duration set forth in the no- (4). ‘‘(D) is otherwise consistent with the domestic tice of intent to impose countermeasures. ‘‘(ii) OTHER REQUESTS.—If paragraph (2)(B) law and international obligations of the United ‘‘(4) ORDER.—At the same time it issues its de- applies to the request, the administering author- States. termination, the administering authority shall ity shall determine, within 90 days after the ‘‘(2) PRIOR CONSULTATIONS AND SUBMISSION OF issue an order imposing countermeasures, con- date on which the notice of initiation of the pro- COMMENTS.—Before entering into an agreement sistent with its determination under paragraph ceeding is published, whether the requesting under paragraph (1), the administering author- (1). party has demonstrated that the scope or dura- ity shall consult with the industry, and provide ‘‘(d) ADMINISTRATIVE REVIEW OF DETERMINA- tion of the countermeasures is inadequate in for the submission of comments by interested TION TO IMPOSE COUNTERMEASURES.— light of all of the circumstances. If the admin- parties, with respect to the agreement. ‘‘(1) REQUEST FOR REVIEW.—Each year, in the istering authority determines that an extension ‘‘(3) MATERIAL VIOLATIONS OF AGREEMENT.—If anniversary month of the issuance of the order is warranted, it shall amend the countermeasure the injurious pricing order has been suspended imposing countermeasures under subsection (c), order accordingly. The administering authority under paragraph (1), and the administering au- the administering authority shall publish in the shall promptly publish the determination and thority determines that the foreign producer Federal Register a notice providing that inter- any amendment to the order in the Federal Reg- concerned has materially violated the terms of ested parties may request— ister, and shall provide a copy of any amended the agreement under paragraph (1), the admin- ‘‘(A) a review of the scope or duration of the order to the Customs Service. istering authority shall terminate the suspen- countermeasures determined under subsection ‘‘(4) CONSULTATION WITH TRADE REPRESENTA- sion. (c)(3), and TIVE.—If paragraph (3)(B)(i) applies, the admin- ‘‘SEC. 807. IMPOSITION OF COUNTERMEASURES. ‘‘(B) a hearing in connection with such a re- istering authority shall consult with the Trade ‘‘(a) GENERAL RULE.— view. Representative concerning whether it would be ‘‘(1) ISSUANCE OF ORDER IMPOSING COUNTER- ‘‘(2) REVIEW.—If a proper request has been re- appropriate to request establishment of a dis- MEASURES.—Unless an injurious pricing order is ceived under paragraph (1), the administering pute settlement panel under the Shipbuilding revoked or suspended under section 806 (d) or authority shall— Agreement for the purpose of seeking authoriza- (e), the administering authority shall issue an ‘‘(A) publish notice of initiation of a review in tion to extend the scope or duration of counter- order imposing countermeasures. the Federal Register not later than 15 days after measures for a period in excess of 4 years. ‘‘(2) CONTENTS OF ORDER.—The counter- the end of the anniversary month of the issu- ‘‘(5) DECISION NOT TO REQUEST PANEL.—If, measure order shall— ance of the order imposing countermeasures, based on consultations under paragraph (4), the ‘‘(A) state that, as provided in section 468, a and Trade Representative decides not to request es- permit to lade or unlade passengers or merchan- ‘‘(B) review and determine whether the re- tablishment of a panel, the Trade Representa- dise may not be issued with respect to vessels questing party has demonstrated that the scope tive shall inform the party requesting the exten- contracted to be built by the foreign producer of or duration of the countermeasures is excessive sion of the countermeasures of the reasons for the vessel with respect to which an injurious in light of all of the circumstances. its decision in writing. The decision shall not be pricing order was issued under section 806, and ‘‘(3) TIME FOR REVIEW.—The administering subject to judicial review. ‘‘(B) specify the scope and duration of the authority shall make its determination under ‘‘(6) PANEL PROCEEDINGS.—If, based on con- prohibition on the issuance of a permit to lade paragraph (2)(B) within 90 days after the date sultations under paragraph (4), the Trade Rep- or unlade passengers or merchandise. on which the notice of initiation of the review is resentative requests the establishment of a panel ‘‘(b) NOTICE OF INTENT TO IMPOSE COUNTER- published. If the determination under para- under the Shipbuilding Agreement to authorize MEASURES.— graph (2)(B) is affirmative, the administering an extension of the period of countermeasures, September 27, 1996 CONGRESSIONAL RECORD — SENATE S11589 and the panel authorizes such an extension, the ‘‘(i) a vessel included in the list does not qual- to one or more United States buyers at less than administering authority shall promptly amend ify for such inclusion, or fair value, and the countermeasure order. The administering ‘‘(ii) a vessel not included in the list qualifies ‘‘(2) an industry, in the petitioning country, authority shall publish notice of the amendment for inclusion. producing or capable of producing a like vessel in the Federal Register. ‘‘(3) TIME FOR DETERMINATION.—The admin- is materially injured by reason of such sale. ‘‘(f) LIST OF VESSELS SUBJECT TO COUNTER- istering authority shall make its determination ‘‘(b) INITIATION.—The Trade Representative, MEASURES.— under paragraph (2)(B) within 90 days after the after consultation with the administering au- ‘‘(1) GENERAL RULE.—At least once during date on which the notice of initiation of such re- thority and the Commission and obtaining the each 12-month period beginning on the anniver- view is published. If the administering authority approval of the Parties Group under the Ship- sary date of a determination to impose counter- determines that a vessel should be added or de- building Agreement, shall determine whether to measures under this section, the administering leted from the list, the administering authority initiate an investigation described in subsection authority shall publish in the Federal Register a shall amend the list accordingly. The admin- (a). list of all delivered vessels subject to counter- istering authority shall promptly publish in the ‘‘(c) DETERMINATIONS.—Upon initiation of an measures under the determination. Federal Register the determination and any investigation under subsection (a), the Trade ‘‘(2) CONTENT OF LIST.—The list under para- such amendment to the list. Representative shall request the following deter- graph (1) shall include the following informa- ‘‘(h) EXPIRATION OF COUNTERMEASURES.— minations be made in accordance with sub- tion for each vessel, to the extent the informa- Upon expiration of a countermeasure order im- stantive and procedural requirements specified tion is available: posed under this section, the administering au- by the Trade Representative, notwithstanding ‘‘(A) The name and general description of the thority shall promptly publish a notice of the any other provision of this title: vessel. expiration in the Federal Register. ‘‘(1) SALE AT LESS THAN FAIR VALUE.—The ad- ‘‘(B) The vessel identification number. ‘‘(i) SUSPENSION OR TERMINATION OF PRO- ministering authority shall determine whether ‘‘(C) The shipyard where the vessel was con- CEEDINGS OR COUNTERMEASURES; TEMPORARY the subject vessel has been sold at less than fair structed. REDUCTION OF COUNTERMEASURES.— value. ‘‘(D) The last-known registry of the vessel. ‘‘(1) IF INJURIOUS PRICING ORDER REVOKED OR ‘‘(2) INJURY TO INDUSTRY.—The Commission ‘‘(E) The name and address of the last-known SUSPENDED.—If an injurious pricing order has shall determine whether an industry in the peti- owner of the vessel. been revoked or suspended under section 806(d) tioning country is or has been materially in- ‘‘(F) The delivery date of the vessel. or (e), the administering authority shall, as ap- jured by reason of the sale of the subject vessel ‘‘(G) The remaining duration of counter- propriate, suspend or terminate proceedings in the United States. measures on the vessel. under this section with respect to that order, or ‘‘(d) PUBLIC COMMENT.—An opportunity for ‘‘(H) Any other identifying information avail- suspend or revoke a countermeasure order is- public comment shall be provided, as appro- able. sued with respect to that injurious pricing priate— ‘‘(3) AMENDMENT OF LIST.—-The administering order. ‘‘(1) by the Trade Representative, in making authority may amend the list from time to time ‘‘(2) IF PAYMENT DATE AMENDED.— the determinations required by subsection (b), to reflect new information that comes to its at- ‘‘(A) SUSPENSION OR MODIFICATION OF DEAD- and tention and shall publish any amendments in LINE.—Subject to subparagraph (C), if the pay- ‘‘(2) by the administering authority and the the Federal Register. ment date under an injurious pricing order is Commission, in making the determinations re- ‘‘(4) SERVICE OF LIST AND AMENDMENTS.— amended under section 845, the administering quired by subsection (c). ‘‘(A) SERVICE OF LIST.—The administering au- authority shall, as appropriate, suspend pro- ‘‘(e) ISSUANCE OF ORDER.—If the administer- thority shall serve a copy of the list described in ceedings or modify deadlines under this section, ing authority makes an affirmative determina- paragraph (1) on— or suspend or amend a countermeasure order is- tion under paragraph (1) of subsection (c), and ‘‘(i) the petitioner under section 802(b), sued with respect to that injurious pricing the Commission makes an affirmative determina- ‘‘(ii) the United States Customs Service, order. tion under paragraph (2) of subsection (c), the ‘‘(iii) the Secretariat of the Organization for ‘‘(B) DATE FOR APPLICATION OF COUNTER- administering authority shall— Economic Cooperation and Development, MEASURE.—In taking action under subpara- ‘‘(1) order an injurious pricing charge in ac- ‘‘(iv) the owners of vessels on the list, graph (A), the administering authority shall en- cordance with section 806, and ‘‘(v) the shipyards on the list, and sure that countermeasures are not applied be- ‘‘(2) make such determinations and take such ‘‘(vi) the government of the country in which fore the date that is 30 days after publication in other actions as are required by sections 806 and a shipyard on the list is located. the Federal Register of the amended payment 807, as if affirmative determinations had been ‘‘(B) SERVICE OF AMENDMENTS.—The admin- date. made under subsections (a) and (b) of section istering authority shall serve a copy of any ‘‘(C) REINSTITUTION OF PROCEEDINGS.—If— 805. amendments to the list under paragraph (3) or ‘‘(i) a countermeasure order is issued under ‘‘(f) REVIEWS OF DETERMINATIONS.—For pur- subsection (g)(3) on— subsection (c) before an amendment is made poses of review under section 516B, if an order ‘‘(i) the parties listed in clauses (i), (ii), and under section 845 to the payment date of the in- is issued under subsection (e)— (iii) of subparagraph (A), and jurious pricing order to which the counter- ‘‘(1) the final determinations of the admin- ‘‘(ii) if the amendment affects their interests, measure order applies, and istering authority and the Commission under the parties listed in clauses (iv), (v), and (vi) of ‘‘(ii) the administering authority determines subsection (c) shall be treated as final deter- subparagraph (A). that the period of time between the original pay- minations made under section 805, and ‘‘(g) ADMINISTRATIVE REVIEW OF LIST OF VES- ment date and the amended payment date is sig- ‘‘(2) determinations of the administering au- SELS SUBJECT TO COUNTERMEASURES.— nificant for purposes of determining the appro- thority under subsection (e)(2) shall be treated ‘‘(1) REQUEST FOR REVIEW.— priate scope or duration of countermeasures, as determinations made under section 806 or 807, ‘‘(A) IN GENERAL.—An interested party may the administering authority may, in lieu of act- as the case may be. request in writing a review of the list described ing under subparagraph (A), reinstitute pro- ‘‘(g) ACCESS TO INFORMATION.—Section 843 in subsection (f)(1), including any amendments ceedings under subsection (c) for purposes of is- shall apply to investigations under this section, thereto, to determine whether— suing a new determination under that sub- to the extent specified by the Trade Representa- ‘‘(i) a vessel included in the list does not fall section. tive, after consultation with the administering within the scope of the applicable counter- ‘‘(j) COMMENT AND HEARING.—In the course of authority and the Commission. measure order and should be deleted, or any proceeding under subsection (c), (d), (e), or ‘‘Subtitle B—Special Rules ‘‘(ii) a vessel not included in the list falls (g), the administering authority— within the scope of the applicable counter- ‘‘(1) shall solicit comments from interested ‘‘SEC. 821. EXPORT PRICE. measure order and should be added. parties, and ‘‘(a) EXPORT PRICE.—For purposes of this ‘‘(B) TIME FOR MAKING REQUEST.—Any re- ‘‘(2)(A) in a proceeding under subsection (c), title, the term ‘export price’ means the price at quest seeking a determination described in sub- (d), or (e), upon the request of an interested which the subject vessel is first sold (or agreed paragraph (A)(i) shall be made within 90 days party, shall hold a hearing in accordance with to be sold) by or for the account of the foreign after the date of publication of the applicable section 841(b) in connection with that proceed- producer of the subject vessel to an unaffiliated list. ing, or United States buyer. The term ‘sold (or agreed ‘‘(2) REVIEW.—If a proper request for review ‘‘(B) in a proceeding under subsection (g), to be sold) by or for the account of the foreign has been received, the administering authority upon the request of an interested party, may producer’ includes any transfer of an ownership shall— hold a hearing in accordance with section 841(b) interest, including by way of lease or long-term ‘‘(A) publish notice of initiation of a review in in connection with that proceeding. bareboat charter, in conjunction with the origi- the Federal Register— ‘‘SEC. 808. INJURIOUS PRICING PETITIONS BY nal transfer from the producer, either directly or ‘‘(i) not later than 15 days after the request is THIRD COUNTRIES. indirectly, to a United States buyer. received, or ‘‘(a) FILING OF PETITION.—The government of ‘‘(b) ADJUSTMENTS TO EXPORT PRICE.—The ‘‘(ii) if the request seeks a determination de- a Shipbuilding Agreement Party may file with price used to establish export price shall be— scribed in paragraph (1)(A)(i), not later than 15 the Trade Representative a petition requesting ‘‘(1) increased by the amount of any import days after the deadline described in paragraph that an investigation be conducted to determine duties imposed by the country of exportation (1)(B), and if— which have been rebated, or which have not ‘‘(B) review and determine whether the re- ‘‘(1) a vessel from another Shipbuilding Agree- been collected, by reason of the exportation of questing party has demonstrated that— ment Party has been sold directly or indirectly the subject vessel, and S11590 CONGRESSIONAL RECORD — SENATE September 27, 1996

‘‘(2) reduced by— ‘‘(iii) the amount of all other expenses inci- ‘‘(3) CALCULATION OF COST OF PRODUCTION.— ‘‘(A) the amount, if any, included in such dental to placing the foreign like vessel in con- For purposes of this section, the cost of produc- price, attributable to any additional costs, dition for delivery to the buyer, and tion shall be an amount equal to the sum of— charges, or expenses which are incident to ‘‘(B) increased or decreased by the amount of ‘‘(A) the cost of materials and of fabrication bringing the subject vessel from the shipyard in any difference (or lack thereof) between the ex- or other processing of any kind employed in pro- the exporting country to the place of delivery, port price and the price described in paragraph ducing the foreign like vessel, during a period ‘‘(B) the amount, if included in such price, of (1)(B) (other than a difference for which allow- which would ordinarily permit the production of any export tax, duty, or other charge imposed ance is otherwise provided under this section) that vessel in the ordinary course of business, by the exporting country on the exportation of that is established to the satisfaction of the ad- and the subject vessel, and ministering authority to be wholly or partly due ‘‘(B) an amount for selling, general, and ad- ‘‘(C) all other expenses incidental to placing to— ministrative expenses based on actual data per- the vessel in condition for delivery to the buyer. ‘‘(i) physical differences between the subject taining to the production and sale of the foreign ‘‘SEC. 822. NORMAL VALUE. vessel and the vessel used in determining normal like vessel by the producer in question. ‘‘(a) DETERMINATION.—In determining under value, or For purposes of subparagraph (A), if the normal this title whether a subject vessel has been sold ‘‘(ii) other differences in the circumstances of value is based on the price of the foreign like at less than fair value, a fair comparison shall sale. vessel sold in a country other than the exporting be made between the export price and normal ‘‘(6) ADJUSTMENTS FOR LEVEL OF TRADE.—The country, the cost of materials shall be deter- value of the subject vessel. In order to achieve price described in paragraph (1)(B) shall also be mined without regard to any internal tax in the a fair comparison with the export price, normal increased or decreased to make due allowance exporting country imposed on such materials or value shall be determined as follows: for any difference (or lack thereof) between the on their disposition which are remitted or re- ‘‘(1) DETERMINATION OF NORMAL VALUE.— export price and the price described in para- funded upon exportation. ‘‘(A) IN GENERAL.—The normal value of the graph (1)(B) (other than a difference for which ‘‘(c) NONMARKET ECONOMY COUNTRIES.— subject vessel shall be the price described in sub- allowance is otherwise made under this section) ‘‘(1) IN GENERAL.—If— ‘‘(A) the subject vessel is produced in a non- paragraph (B), at a time reasonably correspond- that is shown to be wholly or partly due to a market economy country, and ing to the time of the sale used to determine the difference in level of trade between the export ‘‘(B) the administering authority finds that export price under section 821(a). price and normal value, if the difference in level available information does not permit the nor- ‘‘(B) PRICE.—The price referred to in subpara- of trade— mal value of the subject vessel to be determined graph (A) is— ‘‘(A) involves the performance of different under subsection (a), ‘‘(i) the price at which a foreign like vessel is selling activities, and first sold in the exporting country, in the ordi- ‘‘(B) is demonstrated to affect price com- the administering authority shall determine the nary course of trade and, to the extent prac- parability, based on a pattern of consistent price normal value of the subject vessel on the basis ticable, at the same level of trade, or differences between sales at different levels of of the value of the factors of production utilized ‘‘(ii) in a case to which subparagraph (C) ap- trade in the country in which normal value is in producing the vessel and to which shall be plies, the price at which a foreign like vessel is determined. added an amount for general expenses and prof- so sold for consumption in a country other than In a case described in the preceding sentence, it plus the cost of expenses incidental to placing the exporting country or the United States, if— the amount of the adjustment shall be based on the vessel in a condition for delivery to the ‘‘(I) such price is representative, and the price differences between the two levels of buyer. Except as provided in paragraph (2), the ‘‘(II) the administering authority does not de- trade in the country in which normal value is valuation of the factors of production shall be termine that the particular market situation in determined. based on the best available information regard- such other country prevents a proper compari- ‘‘(7) ADJUSTMENTS TO CONSTRUCTED VALUE.— ing the values of such factors in a market econ- son with the export price. Constructed value as determined under sub- omy country or countries considered to be ap- ‘‘(C) THIRD COUNTRY SALES.—This subpara- section (e) may be adjusted, as appropriate, pur- propriate by the administering authority. graph applies when— suant to this subsection. ‘‘(2) EXCEPTION.—If the administering author- ity finds that the available information is inad- ‘‘(i) a foreign like vessel is not sold in the ex- ‘‘(b) SALES AT LESS THAN COST OF PRODUC- equate for purposes of determining the normal porting country as described in subparagraph TION.— value of the subject vessel under paragraph (1), (B)(i), or ‘‘(1) DETERMINATION; SALES DISREGARDED.— ‘‘(ii) the particular market situation in the ex- Whenever the administering authority has rea- the administering authority shall determine the porting country does not permit a proper com- sonable grounds to believe or suspect that the normal value on the basis of the price at which parison with the export price. sale of the foreign like vessel under consider- a vessel that is— ‘‘(A) comparable to the subject vessel, and ONTEMPORANEOUS SALE.—For purposes ‘‘(D) C ation for the determination of normal value has ‘‘(B) produced in one or more market economy of subparagraph (A), ‘a time reasonably cor- been made at a price which represents less than countries that are at a level of economic devel- responding to the time of the sale’ means within the cost of production of the foreign like vessel, opment comparable to that of the nonmarket 3 months before or after the sale of the subject the administering authority shall determine economy country, vessel or, in the absence of such sales, such whether, in fact, such sale was made at less longer period as the administering authority de- than the cost of production. If the administering is sold in other countries, including the United termines would be appropriate. authority determines that the sale was made at States. ‘‘(3) FACTORS OF PRODUCTION.—For purposes ‘‘(2) FICTITIOUS MARKETS.—No pretended sale, less than the cost of production and was not at of paragraph (1), the factors of production uti- and no sale intended to establish a fictitious a price which permits recovery of all costs with- lized in producing the vessel include, but are not market, shall be taken into account in determin- in 5 years, such sale may be disregarded in the limited to— ing normal value. determination of normal value. Whenever such ‘‘(A) hours of labor required, SE OF CONSTRUCTED VALUE.—If the ad- ‘‘(3) U a sale is disregarded, normal value shall be ‘‘(B) quantities of raw materials employed, ministering authority determines that the nor- based on another sale of a foreign like vessel in ‘‘(C) amounts of energy and other utilities mal value of the subject vessel cannot be deter- the ordinary course of trade. If no sales made in consumed, and mined under paragraph (1)(B) or (1)(C), then the ordinary course of trade remain, the normal ‘‘(D) representative capital cost, including de- the normal value of the subject vessel shall be value shall be based on the constructed value of preciation. the constructed value of that vessel, as deter- the subject vessel. ‘‘(4) VALUATION OF FACTORS OF PRODUC- mined under subsection (e). ‘‘(2) DEFINITIONS AND SPECIAL RULES.—For TION.—The administering authority, in valuing ‘‘(4) INDIRECT SALES.—If a foreign like vessel purposes of this subsection: factors of production under paragraph (1), shall is sold through an affiliated party, the price at ‘‘(A) REASONABLE GROUNDS TO BELIEVE OR utilize, to the extent possible, the prices or costs which the foreign like vessel is sold by such af- SUSPECT.—There are reasonable grounds to be- of factors of production in one or more market filiated party may be used in determining nor- lieve or suspect that the sale of a foreign like economy countries that are— mal value. vessel was made at a price that is less than the ‘‘(A) at a level of economic development com- ‘‘(5) ADJUSTMENTS.—The price described in cost of production of the vessel, if an interested parable to that of the nonmarket economy coun- paragraph (1)(B) shall be— party described in subparagraph (C), (D), (E), try, and ‘‘(A) reduced by— or (F) of section 861(17) provides information, ‘‘(B) significant producers of comparable ves- ‘‘(i) the amount, if any, included in the price based upon observed prices or constructed prices sels. described in paragraph (1)(B), attributable to or costs, that the sale of the foreign like vessel ‘‘(d) SPECIAL RULE FOR CERTAIN MULTI- any costs, charges, and expenses incident to under consideration for the determination of NATIONAL CORPORATIONS.—Whenever, in the bringing the foreign like vessel from the ship- normal value has been made at a price which course of an investigation under this title, the yard to the place of delivery to the purchaser, represents less than the cost of production of the administering authority determines that— ‘‘(ii) the amount of any taxes imposed directly vessel. ‘‘(1) the subject vessel was produced in facili- upon the foreign like vessel or components ‘‘(B) RECOVERY OF COSTS.—If the price is ties which are owned or controlled, directly or thereof which have been rebated, or which have below the cost of production at the time of sale indirectly, by a person, firm, or corporation not been collected, on the subject vessel, but but is above the weighted average cost of pro- which also owns or controls, directly or indi- only to the extent that such taxes are added to duction for the period of investigation, such rectly, other facilities for the production of a or included in the price of the foreign like ves- price shall be considered to provide for recovery foreign like vessel which are located in another sel, and of costs within 5 years. country or countries, September 27, 1996 CONGRESSIONAL RECORD — SENATE S11591 ‘‘(2) subsection (a)(1)(C) applies, and a foreign like vessel or the same general cat- the amount representing that element does not ‘‘(3) the normal value of a foreign like vessel egory of vessel as the subject vessel in the coun- fairly reflect the amount usually reflected in produced in one or more of the facilities outside try of origin of the subject vessel. sales of a like vessel in the market under consid- the exporting country is higher than the normal ‘‘(3) COSTS OF MATERIALS.—For purposes of eration. If a transaction is disregarded under value of the foreign like vessel produced in the paragraph (1)(A), the cost of materials shall be the preceding sentence and no other trans- facilities located in the exporting country, determined without regard to any internal tax actions are available for consideration, the de- the administering authority shall determine the in the exporting country imposed on such mate- termination of the amount shall be based on the normal value of the subject vessel by reference rials or their disposition which are remitted or information available as to what the amount to the normal value at which a foreign like ves- refunded upon exportation of the subject vessel would have been if the transaction had occurred sel is sold from one or more facilities outside the produced from such materials. between persons who are not affiliated. exporting country. The administering authority, ‘‘(f) SPECIAL RULES FOR CALCULATION OF ‘‘(3) MAJOR INPUT RULE.—If, in the case of a in making any determination under this sub- COST OF PRODUCTION AND FOR CALCULATION OF transaction between affiliated persons involving section, shall make adjustments for the dif- CONSTRUCTED VALUE.—For purposes of sub- the production by one of such persons of a ference between the costs of production (includ- sections (b) and (e)— major input to the subject vessel, the administer- ing taxes, labor, materials, and overhead) of the ‘‘(1) COSTS.— ing authority has reasonable grounds to believe foreign like vessel produced in facilities outside ‘‘(A) IN GENERAL.—Costs shall normally be or suspect that an amount represented as the the exporting country and costs of production of calculated based on the records of the foreign value of such input is less than the cost of pro- the foreign like vessel produced in facilities in producer of the subject vessel, if such records duction of such input, then the administering the exporting country, if such differences are are kept in accordance with the generally ac- authority may determine the value of the major demonstrated to its satisfaction. cepted accounting principles of the exporting input on the basis of the information available ‘‘(e) CONSTRUCTED VALUE.— country and reasonably reflect the costs associ- regarding such cost of production, if such cost is ‘‘(1) IN GENERAL.—For purposes of this title, ated with the production and sale of the vessel. greater than the amount that would be deter- the constructed value of a subject vessel shall be The administering authority shall consider all mined for such input under paragraph (2). an amount equal to the sum of— available evidence on the proper allocation of ‘‘SEC. 823. CURRENCY CONVERSION. ‘‘(A) the cost of materials and fabrication or costs, including that which is made available by ‘‘(a) IN GENERAL.—In an injurious pricing other processing of any kind employed in pro- the foreign producer on a timely basis, if such proceeding under this title, the administering ducing the subject vessel, during a period which allocations have been historically used by the authority shall convert foreign currencies into would ordinarily permit the production of the foreign producer, in particular for establishing United States dollars using the exchange rate in vessel in the ordinary course of business, and appropriate amortization and depreciation peri- effect on the date of sale of the subject vessel, ‘‘(B)(i) the actual amounts incurred and real- ods, and allowances for capital expenditures except that if it is established that a currency ized by the foreign producer of the subject vessel and other development costs. transaction on forward markets is directly for selling, general, and administrative ex- ‘‘(B) NONRECURRING COSTS.—Costs shall be linked to a sale under consideration, the ex- penses, and for profits, in connection with the adjusted appropriately for those nonrecurring change rate specified with respect to such for- production and sale of a foreign like vessel, in costs that benefit current or future production, eign currency in the forward sale agreement the ordinary course of trade, in the domestic or both. shall be used to convert the foreign currency. market of the country of origin of the subject ‘‘(C) STARTUP COSTS.— ‘‘(b) DATE OF SALE.—For purposes of this sec- vessel, or ‘‘(i) IN GENERAL.—Costs shall be adjusted ap- tion, ‘date of sale’ means the date of the con- ‘‘(ii) if actual data are not available with re- propriately for circumstances in which costs in- tract of sale or, where appropriate, the date on spect to the amounts described in clause (i), curred during the time period covered by the in- which the material terms of sale are otherwise then— vestigation are affected by startup operations. established. If the material terms of sale are sig- ‘‘(I) the actual amounts incurred and realized ‘‘(ii) STARTUP OPERATIONS.—Adjustments nificantly changed after such date, the date of by the foreign producer of the subject vessel for shall be made for startup operations only sale is the date of such change. In the case of selling, general, and administrative expenses, where— such a change in the date of sale, the admin- and for profits, in connection with the produc- ‘‘(I) a producer is using new production facili- istering authority shall make appropriate ad- tion and sale of the same general category of ties or producing a new type of vessel that re- justments to take into account any unreason- vessel in the domestic market of the country of quires substantial additional investment, and able effect on the injurious pricing margin due origin of the subject vessel, ‘‘(II) production levels are limited by technical only to fluctuations in the exchange rate be- factors associated with the initial phase of com- ‘‘(II) the weighted average of the actual tween the original date of sale and the new date mercial production. amounts incurred and realized by producers in of sale. the country of origin of the subject vessel (other For purposes of subclause (II), the initial phase ‘‘Subtitle C—Procedures than the producer of the subject vessel) for sell- of commercial production ends at the end of the ‘‘SEC. 841. HEARINGS. startup period. In determining whether commer- ing, general, and administrative expenses, and ‘‘(a) UPON REQUEST.—The administering au- for profits, in connection with the production cial production levels have been achieved, the thority and the Commission shall each hold a and sale of a foreign like vessel, in the ordinary administering authority shall consider factors hearing in the course of an investigation under course of trade, in the domestic market, or unrelated to startup operations that might af- this title, upon the request of any party to the ‘‘(III) if data are not available under sub- fect the volume of production processed, such as investigation, before making a final determina- clause (I) or (II), the amounts incurred and re- demand, seasonality, or business cycles. tion under section 805. alized for selling, general, and administrative ‘‘(iii) ADJUSTMENT FOR STARTUP OPER- ‘‘(b) PROCEDURES.—Any hearing required or expenses, and for profits, based on any other ATIONS.—The adjustment for startup operations permitted under this title shall be conducted reasonable method, except that the amount al- shall be made by substituting the unit produc- after notice published in the Federal Register, lowed for profit may not exceed the amount nor- tion costs incurred with respect to the vessel at and a transcript of the hearing shall be pre- mally realized by foreign producers (other than the end of the startup period for the unit pro- pared and made available to the public. The the producer of the subject vessel) in connection duction costs incurred during the startup pe- hearing shall not be subject to the provisions of with the sale of vessels in the same general cat- riod. If the startup period extends beyond the subchapter II of chapter 5 of title 5, United egory of vessel as the subject vessel in the do- period of the investigation under this title, the States Code, or to section 702 of such title. administering authority shall use the most re- mestic market of the country of origin of the ‘‘SEC. 842. DETERMINATIONS ON THE BASIS OF subject vessel. cent cost of production data that it reasonably THE FACTS AVAILABLE. For purposes of this paragraph, the profit shall can obtain, analyze, and verify without delay- ‘‘(a) IN GENERAL.—If— be based on the average profit realized over a ing the timely completion of the investigation. ‘‘(1) necessary information is not available on reasonable period of time before and after the For purposes of this subparagraph, the startup the record, or sale of the subject vessel and shall reflect a rea- period ends at the point at which the level of ‘‘(2) an interested party or any other person— sonable profit at the time of such sale. For pur- commercial production that is characteristic of ‘‘(A) withholds information that has been re- poses of the preceding sentence, a ‘reasonable the vessel, the producer, or the industry is quested by the administering authority or the period of time’ shall not, except where otherwise achieved. Commission under this title, appropriate, exceed 6 months before, or 6 ‘‘(D) COSTS DUE TO EXTRAORDINARY CIR- ‘‘(B) fails to provide such information by the months after, the sale of the subject vessel. In CUMSTANCES NOT INCLUDED.—Costs shall not in- deadlines for the submission of the information calculating profit under this paragraph, any clude actual costs which are due to extraor- or in the form and manner requested, subject to distortion which would result in other than a dinary circumstances (including, but not limited subsections (b)(1) and (d) of section 844, profit which is reasonable at the time of the sale to, labor disputes, fire, and natural disasters) ‘‘(C) significantly impedes a proceeding under shall be eliminated. and which are significantly over the cost in- this title, or ‘‘(2) COSTS AND PROFITS BASED ON OTHER REA- crease which the shipbuilder could have reason- ‘‘(D) provides such information but the infor- SONABLE METHODS.—When costs and profits are ably anticipated and taken into account at the mation cannot be verified as provided in section determined under paragraph (1)(B)(ii)(III), such time of sale. 844(g), determination shall, except where otherwise ap- ‘‘(2) TRANSACTIONS DISREGARDED.—A trans- the administering authority and the Commission propriate, be based on appropriate export sales action directly or indirectly between affiliated shall, subject to section 844(c), use the facts oth- by the producer of the subject vessel or, absent persons may be disregarded if, in the case of erwise available in reaching the applicable de- such sales, to export sales by other producers of any element of value required to be considered, termination under this title. S11592 CONGRESSIONAL RECORD — SENATE September 27, 1996

‘‘(b) ADVERSE INFERENCES.—If the administer- tion is submitted or any other proceeding under determine by regulation to be appropriate. The ing authority or the Commission (as the case this title covering the same subject vessel, or administering authority and the Commission may be) finds that an interested party has failed ‘‘(ii) to an officer or employee of the United shall provide by regulation for such sanctions as to cooperate by not acting to the best of its abil- States Customs Service who is directly involved the administering authority and the Commission ity to comply with a request for information in conducting an investigation regarding fraud determine to be appropriate, including disbar- from the administering authority or the Commis- under this title. ment from practice before the agency. sion, the administering authority or the Com- ‘‘(B) ADDITIONAL REQUIREMENTS.—The ad- ‘‘(C) TIME LIMITATIONS ON DETERMINATIONS.— mission (as the case may be), in reaching the ap- ministering authority and the Commission shall The administering authority or the Commission, plicable determination under this title, may use require that information for which proprietary as the case may be, shall determine whether to an inference that is adverse to the interests of treatment is requested be accompanied by— make information available under this para- that party in selecting from among the facts ‘‘(i) either— graph— otherwise available. Such adverse inference may ‘‘(I) a nonproprietary summary in sufficient ‘‘(i) not later than 14 days (7 days if the sub- include reliance on information derived from— detail to permit a reasonable understanding of mission pertains to a proceeding under section ‘‘(1) the petition, or the substance of the information submitted in 803(a)) after the date on which the information ‘‘(2) any other information placed on the confidence, or is submitted, or record. ‘‘(II) a statement that the information is not ‘‘(ii) if— ‘‘(c) CORROBORATION OF SECONDARY INFORMA- susceptible to summary, accompanied by a state- ‘‘(I) the person that submitted the information TION.—When the administering authority or the ment of the reasons in support of the conten- raises objection to its release, or Commission relies on secondary information tion, and ‘‘(II) the information is unusually voluminous rather than on information obtained in the ‘‘(ii) either— or complex, course of an investigation under this title, the ‘‘(I) a statement which permits the administer- not later than 30 days (10 days if the submission administering authority and the Commission, as ing authority or the Commission to release pertains to a proceeding under section 803(a)) the case may be, shall, to the extent practicable, under administrative protective order, in accord- after the date on which the information is sub- corroborate that information from independent ance with subsection (c), the information sub- mitted. sources that are reasonably at their disposal. mitted in confidence, or ‘‘(D) AVAILABILITY AFTER DETERMINATION.—If ‘‘(II) a statement to the administering author- the determination under subparagraph (C) is af- ‘‘SEC. 843. ACCESS TO INFORMATION. ity or the Commission that the business propri- firmative, then— ‘‘(a) INFORMATION GENERALLY MADE AVAIL- etary information is of a type that should not be ‘‘(i) the business proprietary information sub- ABLE.— released under administrative protective order. mitted to the administering authority or the ‘‘(1) PROGRESS OF INVESTIGATION REPORTS.— ‘‘(2) UNWARRANTED DESIGNATION.—If the ad- Commission on or before the date of the deter- The administering authority and the Commis- ministering authority or the Commission deter- mination shall be made available, subject to the sion shall, from time to time upon request, in- mines, on the basis of the nature and extent of terms and conditions of the protective order, on form the parties to an investigation under this the information or its availability from public such date, and title of the progress of that investigation. sources, that designation of any information as ‘‘(ii) the business proprietary information sub- ‘‘(2) EX PARTE MEETINGS.—The administering proprietary is unwarranted, then it shall notify mitted to the administering authority or the authority and the Commission shall maintain a the person who submitted it and ask for an ex- Commission after the date of the determination record of any ex parte meeting between— planation of the reasons for the designation. shall be served as required by subsection (d). ‘‘(A) interested parties or other persons pro- Unless that person persuades the administering ‘‘(E) FAILURE TO DISCLOSE.—If a person sub- viding factual information in connection with a authority or the Commission that the designa- mitting information to the administering author- proceeding under this title, and tion is warranted, or withdraws the designation, ity refuses to disclose business proprietary infor- ‘‘(B) the person charged with making the de- the administering authority or the Commission, mation which the administering authority deter- termination, or any person charged with making as the case may be, shall return it to the party mines should be released under a protective a final recommendation to that person, in con- submitting it. In a case in which the administer- order described in subparagraph (B), the admin- nection with that proceeding, ing authority or the Commission returns the in- istering authority shall return the information, if information relating to that proceeding was formation to the person submitting it, the person and any nonconfidential summary thereof, to presented or discussed at such meeting. The may thereafter submit other material concerning the person submitting the information and sum- record of such an ex parte meeting shall include the subject matter of the returned information if mary and shall not consider either. the identity of the persons present at the meet- the submission is made within the time other- ‘‘(2) DISCLOSURE UNDER COURT ORDER.—If the ing, the date, time, and place of the meeting, wise provided for submitting such material. administering authority or the Commission de- and a summary of the matters discussed or sub- ‘‘(c) LIMITED DISCLOSURE OF CERTAIN PROPRI- nies a request for information under paragraph mitted. The record of the ex parte meeting shall ETARY INFORMATION UNDER PROTECTIVE (1), then application may be made to the United be included in the record of the proceeding. ORDER.— States Court of International Trade for an order ‘‘(3) SUMMARIES; NONPROPRIETARY SUBMIS- ‘‘(1) DISCLOSURE BY ADMINISTERING AUTHOR- directing the administering authority or the SIONS.—The administering authority and the ITY OR COMMISSION.— Commission, as the case may be, to make the in- Commission shall disclose— ‘‘(A) IN GENERAL.—Upon receipt of an appli- formation available. After notification of all ‘‘(A) any proprietary information received in cation (before or after receipt of the information parties to the investigation and after an oppor- the course of a proceeding under this title if it requested) which describes in general terms the tunity for a hearing on the record, the court is disclosed in a form which cannot be associ- information requested and sets forth the reasons may issue an order, under such conditions as ated with, or otherwise be used to identify, oper- for the request, the administering authority or the court deems appropriate, which shall not ations of a particular person, and the Commission shall make all business propri- have the effect of stopping or suspending the in- ‘‘(B) any information submitted in connection etary information presented to, or obtained by vestigation, directing the administering author- with a proceeding which is not designated as it, during a proceeding under this title (except ity or the Commission to make all or a portion proprietary by the person submitting it. privileged information, classified information, of the requested information described in the ‘‘(4) MAINTENANCE OF PUBLIC RECORD.—The and specific information of a type for which preceding sentence available under a protective administering authority and the Commission there is a clear and compelling need to withhold order and setting forth sanctions for violation of shall maintain and make available for public in- from disclosure) available to all interested par- such order if the court finds that, under the spection and copying a record of all information ties who are parties to the proceeding under a standards applicable in proceedings of the which is obtained by the administering author- protective order described in subparagraph (B), court, such an order is warranted, and that— ity or the Commission, as the case may be, in a regardless of when the information is submitted ‘‘(A) the administering authority or the Com- proceeding under this title to the extent that during the proceeding. Customer names (other mission has denied access to the information public disclosure of the information is not pro- than the name of the United States buyer of the under subsection (b)(1), hibited under this chapter or exempt from dis- subject vessel) obtained during any investiga- ‘‘(B) the person on whose behalf the informa- closure under section 552 of title 5, United States tion which requires a determination under sec- tion is requested is an interested party who is a Code. tion 805(b) may not be disclosed by the admin- party to the investigation in connection with ‘‘(b) PROPRIETARY INFORMATION.— istering authority under protective order until which the information was obtained or devel- ‘‘(1) PROPRIETARY STATUS MAINTAINED.— either an order is published under section 806(a) oped, and ‘‘(A) IN GENERAL.—Except as provided in sub- as a result of the investigation or the investiga- ‘‘(C) the party which submitted the informa- section (a)(4) and subsection (c), information tion is suspended or terminated. The Commis- tion to which the request relates has been noti- submitted to the administering authority or the sion may delay disclosure of customer names fied, in advance of the hearing, of the request Commission which is designated as proprietary (other than the name of the United States buyer made under this section and of its right to ap- by the person submitting the information shall of the subject vessel) under protective order dur- pear and be heard. not be disclosed to any person without the con- ing any such investigation until a reasonable ‘‘(d) SERVICE.—Any party submitting written sent of the person submitting the information, time before any hearing provided under section information, including business proprietary in- other than— 841 is held. formation, to the administering authority or the ‘‘(i) to an officer or employee of the admin- ‘‘(B) PROTECTIVE ORDER.—The protective Commission during a proceeding shall, at the istering authority or the Commission who is di- order under which information is made avail- same time, serve the information upon all inter- rectly concerned with carrying out the inves- able shall contain such requirements as the ad- ested parties who are parties to the proceeding, tigation in connection with which the informa- ministering authority or the Commission may if the information is covered by a protective September 27, 1996 CONGRESSIONAL RECORD — SENATE S11593 order. The administering authority or the Com- basis for its determination that addresses rel- ‘‘(5) the information can be used without mission shall not accept any such information evant arguments that are made by interested undue difficulties. that is not accompanied by a certificate of serv- parties who are parties to the investigation con- ‘‘(e) NONACCEPTANCE OF SUBMISSIONS.—If the ice and a copy of the protective order version of cerning the effects and impact on the industry administering authority or the Commission de- the document containing the information. Busi- of the sale of the subject vessel. clines to accept into the record any information ness proprietary information shall only be ‘‘SEC. 844. CONDUCT OF INVESTIGATIONS. submitted in an investigation under this title, it served upon interested parties who are parties to ‘‘(a) CERTIFICATION OF SUBMISSIONS.—Any shall, to the extent practicable, provide to the the proceeding that are subject to protective person providing factual information to the ad- person submitting the information a written ex- order, except that a nonconfidential summary ministering authority or the Commission in con- planation of the reasons for not accepting the thereof shall be served upon all other interested nection with a proceeding under this title on be- information. parties who are parties to the proceeding. half of the petitioner or any other interested ‘‘(f) PUBLIC COMMENT ON INFORMATION.—In- ‘‘(e) INFORMATION RELATING TO VIOLATIONS party shall certify that such information is ac- formation that is submitted on a timely basis to OF PROTECTIVE ORDERS AND SANCTIONS.—The curate and complete to the best of that person’s the administering authority or the Commission administering authority and the Commission knowledge. during the course of a proceeding under this may withhold from disclosure any correspond- ‘‘(b) DIFFICULTIES IN MEETING REQUIRE- title shall be subject to comment by other parties ence, private letters of reprimand, settlement MENTS.— to the proceeding within such reasonable time agreements, and documents and files compiled ‘‘(1) NOTIFICATION BY INTERESTED PARTY.—If as the administering authority or the Commis- in relation to investigations and actions involv- an interested party, promptly after receiving a sion shall provide. The administering authority ing a violation or possible violation of a protec- request from the administering authority or the and the Commission, before making a final de- tive order issued under subsection (c), and such Commission for information, notifies the admin- termination under section 805 or 807, shall cease information shall be treated as information de- istering authority or the Commission (as the collecting information and shall provide the scribed in section 552(b)(3) of title 5, United case may be) that such party is unable to submit parties with a final opportunity to comment on States Code. the information requested in the requested form the information obtained by the administering ‘‘(f) OPPORTUNITY FOR COMMENT BY VESSEL and manner, together with a full explanation authority or the Commission (as the case may BUYERS.—The administering authority and the and suggested alternative forms in which such be) upon which the parties have not previously Commission shall provide an opportunity for party is able to submit the information, the ad- had an opportunity to comment. Comments con- buyers of subject vessels to submit relevant in- ministering authority or the Commission (as the taining new factual information shall be dis- formation to the administering authority con- case may be) shall consider the ability of the in- regarded. cerning a sale at less than fair value or counter- terested party to submit the information in the ‘‘(g) VERIFICATION.—The administering au- measures, and to the Commission concerning requested form and manner and may modify thority shall verify all information relied upon material injury by reason of the sale of a vessel such requirements to the extent necessary to in making a final determination under section at less than fair value. avoid imposing an unreasonable burden on that 805. ‘‘(g) PUBLICATION OF DETERMINATIONS; RE- party. ‘‘SEC. 845. ADMINISTRATIVE ACTION FOLLOWING SHIPBUILDING AGREEMENT PANEL QUIREMENTS FOR FINAL DETERMINATIONS.— ‘‘(2) ASSISTANCE TO INTERESTED PARTIES.—The REPORTS. ‘‘(1) IN GENERAL.—Whenever the administer- administering authority and the Commission ‘‘(a) ACTION BY UNITED STATES INTER- ing authority makes a determination under sec- shall take into account any difficulties experi- NATIONAL TRADE COMMISSION.— tion 802 whether to initiate an investigation, or enced by interested parties, particularly small ‘‘(1) ADVISORY REPORT.—If a dispute settle- the administering authority or the Commission companies, in supplying information requested makes a preliminary determination under sec- ment panel under the Shipbuilding Agreement by the administering authority or the Commis- finds in a report that an action by the Commis- tion 803, a final determination under section sion in connection with investigations under 805, a determination under subsection (b), (c), sion in connection with a particular proceeding this title, and shall provide to such interested under this title is not in conformity with the ob- (d), (e)(3)(B)(ii), (g), or (i) of section 807, or a parties any assistance that is practicable in sup- determination to suspend an investigation under ligations of the United States under the Ship- plying such information. building Agreement, the Trade Representative this title, the administering authority or the ‘‘(c) DEFICIENT SUBMISSIONS.—If the admin- may request the Commission to issue an advi- Commission, as the case may be, shall publish istering authority or the Commission determines sory report on whether this title permits the the facts and conclusions supporting that deter- that a response to a request for information Commission to take steps in connection with the mination, and shall publish notice of that deter- under this title does not comply with the re- particular proceeding that would render its ac- mination in the Federal Register. quest, the administering authority or the Com- tion not inconsistent with the findings of the ‘‘(2) CONTENTS OF NOTICE OR DETERMINA- mission (as the case may be) shall promptly in- panel concerning those obligations. The Trade TION.—The notice or determination published form the person submitting the response of the Representative shall notify the Committee on under paragraph (1) shall include, to the extent nature of the deficiency and shall, to the extent Ways and Means of the House of Representa- applicable— practicable, provide that person with an oppor- tives and the Committee on Finance of the Sen- ‘‘(A) in the case of a determination of the ad- tunity to remedy or explain the deficiency in ate of such request. ministering authority— light of the time limits established for the com- ‘‘(i) the names of the United States buyer and ‘‘(2) TIME LIMITS FOR REPORT.—The Commis- pletion of investigations or reviews under this the foreign producer, and the country of origin sion shall transmit its report under paragraph title. If that person submits further information of the subject vessel, (1) to the Trade Representative within 30 cal- in response to such deficiency and either— ‘‘(ii) a description sufficient to identify the endar days after the Trade Representative re- ‘‘(1) the administering authority or the Com- subject vessel (including type, purpose, and quests the report. mission (as the case may be) finds that such re- size), ‘‘(3) CONSULTATIONS ON REQUEST FOR COMMIS- sponse is not satisfactory, or ‘‘(iii) with respect to an injurious pricing SION DETERMINATION.—If a majority of the Com- ‘‘(2) such response is not submitted within the charge, the injurious pricing margin established missioners issues an affirmative report under applicable time limits, and a full explanation of the methodology used paragraph (1), the Trade Representatives shall in establishing such margin, then the administering authority or the Commis- consult with the congressional committees listed ‘‘(iv) with respect to countermeasures, the sion (as the case may be) may, subject to sub- in paragraph (1) concerning the matter. scope and duration of countermeasures and, if section (d), disregard all or part of the original ‘‘(4) COMMISSION DETERMINATION.—Notwith- applicable, any changes thereto, and and subsequent responses. standing any other provision of this title, if a ‘‘(v) the primary reasons for the determina- ‘‘(d) USE OF CERTAIN INFORMATION.—In majority of the Commissioners issues an affirma- tion, and reaching a determination under section 803, 805, tive report under paragraph (1), the Commis- ‘‘(B) in the case of a determination of the or 807, the administering authority and the sion, upon the written request of the Trade Rep- Commission— Commission shall not decline to consider infor- resentative, shall issue a determination in con- ‘‘(i) considerations relevant to the determina- mation that is submitted by an interested party nection with the particular proceeding that tion of injury, and and is necessary to the determination but does would render the Commission’s action described ‘‘(ii) the primary reasons for the determina- not meet all the applicable requirements estab- in paragraph (1) not inconsistent with the find- tion. lished by the administering authority or the ings of the panel. The Commission shall issue its ‘‘(3) ADDITIONAL REQUIREMENTS FOR FINAL DE- Commission if— determination not later than 120 calendar days TERMINATIONS.—In addition to the requirements ‘‘(1) the information is submitted by the dead- after the request from the Trade Representative set forth in paragraph (2)— line established for its submission, is made. ‘‘(A) the administering authority shall include ‘‘(2) the information can be verified, ‘‘(5) CONSULTATIONS ON IMPLEMENTATION OF in a final determination under section 805 or ‘‘(3) the information is not so incomplete that COMMISSION DETERMINATION.—The Trade Rep- 807(c) an explanation of the basis for its deter- it cannot serve as a reliable basis for reaching resentative shall consult with the congressional mination that addresses relevant arguments, the applicable determination, committees listed in paragraph (1) before the made by interested parties who are parties to ‘‘(4) the interested party has demonstrated Commission’s determination under paragraph the investigation, concerning the establishment that it acted to the best of its ability in provid- (4) is implemented. of the injurious pricing charge with respect to ing the information and meeting the require- ‘‘(6) REVOCATION OF ORDER.—If, by virtue of which the determination is made, and ments established by the administering author- the Commission’s determination under para- ‘‘(B) the Commission shall include in a final ity or the Commission with respect to the infor- graph (4), an injurious pricing order is no determination of injury an explanation of the mation, and longer supported by an affirmative Commission S11594 CONGRESSIONAL RECORD — SENATE September 27, 1996 determination under this title, the Trade Rep- out the duties of the administering authority which owns or controls a buyer. There may be resentative may, after consulting with the con- under this title are transferred by law. more than one buyer of any one vessel. gressional committees under paragraph (5), di- ‘‘(2) COMMISSION.—The term ‘Commission’ ‘‘(6) UNITED STATES BUYER.—The term ‘United rect the administering authority to revoke the means the United States International Trade States buyer’ means a buyer that is any of the injurious pricing order. Commission. following: ‘‘(b) ACTION BY ADMINISTERING AUTHORITY.— ‘‘(3) COUNTRY.—The term ‘country’ means a ‘‘(A) A United States citizen. ‘‘(1) CONSULTATIONS WITH ADMINISTERING AU- foreign country, a political subdivision, depend- ‘‘(B) A juridical entity, including any cor- THORITY AND CONGRESSIONAL COMMITTEES.— ent territory, or possession of a foreign country poration, company, association, or other organi- Promptly after a report or other determination and, except as provided in paragraph zation, that is legally constituted under the by a dispute settlement panel under the Ship- (16)(E)(iii), may not include an association of 2 laws and regulations of the United States or a building Agreement is issued that contains find- or more foreign countries, political subdivisions, political subdivision thereof, regardless of ings that— dependent territories, or possessions of countries whether the entity is organized for pecuniary ‘‘(A) an action by the administering authority into a customs union outside the United States. gain, privately or government owned, or orga- in a proceeding under this title is not in con- ‘‘(4) INDUSTRY.— nized with limited or unlimited liability. formity with the obligations of the United States ‘‘(A) IN GENERAL.—Except as used in section ‘‘(C) A juridical entity that is owned or con- under the Shipbuilding Agreement, 808, the term ‘industry’ means the producers as trolled by nationals or entities described in sub- ‘‘(B) the due date for payment of an injurious a whole of a domestic like vessel, or those pro- paragraphs (A) and (B). For the purposes of pricing charge contained in an order issued ducers whose collective capability to produce a this subparagraph— under section 806 should be amended, domestic like vessel constitutes a major propor- ‘‘(i) the term ‘own’ means having more than a ‘‘(C) countermeasures provided for in an order tion of the total domestic capability to produce 50 percent interest, and issued under section 807 should be provisionally a domestic like vessel. ‘‘(ii) the term ‘control’ means the actual abil- suspended or reduced pending the final decision ‘‘(B) PRODUCER.—A ‘producer’ of a domestic ity to have substantial influence on corporate of the panel, or like vessel includes an entity that is producing behavior, and control is presumed to exist where ‘‘(D) the scope or duration of countermeasures the domestic like vessel and an entity with the there is at least a 25 percent interest. imposed under section 807 should be narrowed capability to produce the domestic like vessel. If ownership of a company is established under or shortened, ‘‘(C) CAPABILITY TO PRODUCE A DOMESTIC clause (i), other control is presumed not to exist the Trade Representative shall consult with the LIKE VESSEL.—A producer has the ‘capability to unless it is otherwise established. administering authority and the congressional produce a domestic like vessel’ if it is capable of ‘‘(7) OWNERSHIP INTEREST.—An ‘ownership in- committees listed in subsection (a)(1) on the producing a domestic like vessel with its present terest’ in a vessel includes any contractual or matter. facilities or could adapt its facilities in a timely proprietary interest which allows the bene- ‘‘(2) DETERMINATION BY ADMINISTERING AU- manner to produce a domestic like vessel. ficiary or beneficiaries of such interest to take THORITY.—Notwithstanding any other provision ‘‘(D) RELATED PARTIES.—(i) In an investiga- advantage of the operation of the vessel in a of this title, the administering authority shall, tion under this title, if a producer of a domestic manner substantially comparable to the way in in response to a written request from the Trade like vessel and the foreign producer, seller which an owner may benefit from the operation Representative, issue a determination, or an (other than the foreign producer), or United of the vessel. In determining whether such sub- amendment to or suspension of an injurious States buyer of the subject vessel are related stantial comparability exists, the administering pricing or countermeasure order, as the case parties, or if a producer of a domestic like vessel authority shall consider— may be, in connection with the particular pro- is also a United States buyer of the subject ves- ‘‘(A) the terms and circumstances of the trans- ceeding that would render the administering sel, the domestic producer may, in appropriate action which conveys the interest, authority’s action described in paragraph (1) circumstances, be excluded from the industry. ‘‘(B) commercial practice within the industry, not inconsistent with the findings of the panel. ‘‘(ii) For purposes of clause (i), a domestic ‘‘(C) whether the vessel subject to the trans- ‘‘(3) TIME LIMITS FOR DETERMINATIONS.—The producer and the foreign producer, seller, or action is integrated into the operations of the administering authority shall issue its deter- United States buyer shall be considered to be re- beneficiary or beneficiaries, and mination, amendment, or suspension under lated parties, if— ‘‘(D) whether in practice there is a likelihood paragraph (2)— ‘‘(I) the domestic producer directly or indi- that the beneficiary or beneficiaries of such in- ‘‘(A) with respect to a matter described in sub- rectly controls the foreign producer, seller, or terests will take advantage of and the risk for paragraph (A) of paragraph (1), within 180 cal- United States buyer, the operation of the vessel for a significant part endar days after the request from the Trade ‘‘(II) the foreign producer, seller, or United of the life-time of the vessel. Representative is made, and States buyer directly or indirectly controls the ‘‘(8) VESSEL.— ‘‘(B) with respect to a matter described in sub- domestic producer, ‘‘(A) IN GENERAL.—Except as otherwise spe- paragraph (B), (C), or (D) of paragraph (1), ‘‘(III) a third party directly or indirectly con- cifically provided under international agree- within 15 calendar days after the request from trols the domestic producer and the foreign pro- ments, the term ‘vessel’ means— the Trade Representative is made. ducer, seller, or United States buyer, or ‘‘(i) a self-propelled seagoing vessel of 100 ‘‘(4) CONSULTATIONS BEFORE IMPLEMENTA- ‘‘(IV) the domestic producer and the foreign gross tons or more used for transportation of TION.—Before the administering authority im- producer, seller, or United States buyer directly goods or persons or for performance of a special- plements any determination, amendment, or sus- or indirectly control a third party and there is ized service (including, but not limited to, ice pension under paragraph (2), the Trade Rep- reason to believe that the relationship causes breakers and dredgers), and resentative shall consult with the administering the domestic producer to act differently than a ‘‘(ii) a tug of 365 kilowatts or more, authority and the congressional committees list- nonrelated producer. that is produced in a Shipbuilding Agreement ed in subsection (a)(1) with respect to such de- For purposes of this subparagraph, a party Party or a country that is not a Shipbuilding termination, amendment, or suspension. shall be considered to directly or indirectly con- Agreement Party and not a WTO member. ‘‘(5) IMPLEMENTATION OF DETERMINATION.— trol another party if the party is legally or oper- ‘‘(B) EXCLUSIONS.—The term ‘vessel’ does not The Trade Representative may, after consulting ationally in a position to exercise restraint or di- include— with the administering authority and the con- rection over the other party. ‘‘(i) any fishing vessel destined for the fishing gressional committees under paragraph (4), di- ‘‘(E) PRODUCT LINES.—In an investigation fleet of the country in which the vessel is built, rect the administering authority to implement, under this title, the effect of the sale of the sub- ‘‘(ii) any military vessel, and in whole or in part, the determination, amend- ject vessel shall be assessed in relation to the ‘‘(iii) any vessel sold before the date that the ment, or suspension made under paragraph (2). United States production (or production capa- Shipbuilding Agreement enters into force with The administering authority shall publish notice bility) of a domestic like vessel if available data respect to the United States, except that any of such implementation in the Federal Register. permit the separate identification of production vessel sold after December 21, 1994, for delivery ‘‘(c) OPPORTUNITY FOR COMMENT BY INTER- (or production capability) in terms of such cri- more than 5 years after the date of the contract ESTED PARTIES.—Before issuing a determination, teria as the production process or the producer’s of sale shall be a ‘vessel’ for purposes of this amendment, or suspension, the administering profits. If the domestic production (or produc- title unless the shipbuilder demonstrates to the authority, in a matter described in subsection tion capability) of a domestic like vessel has no administering authority that the extended deliv- (b)(1)(A), or the Commission, in a matter de- separate identity in terms of such criteria, then ery date was for normal commercial reasons and scribed in subsection (a)(1), as the case may be, the effect of the sale of the subject vessel shall not to avoid applicability of this title. shall provide interested parties with an oppor- be assessed by the examination of the produc- ‘‘(C) SELF-PROPELLED SEAGOING VESSEL.—A tunity to submit written comments and, in ap- tion (or production capability) of the narrowest vessel is ‘self-propelled seagoing’ if its perma- propriate cases, may hold a hearing, with re- group or range of vessels, which includes a do- nent propulsion and steering provide it all the spect to the determination. mestic like vessel, for which the necessary infor- characteristics of self-navigability in the high ‘‘Subtitle D—Definitions mation can be provided. seas. ‘‘SEC. 861. DEFINITIONS. ‘‘(5) BUYER.—The term ‘buyer’ means any per- ‘‘(D) MILITARY VESSEL.—A ‘military vessel’ is ‘‘For purposes of this title: son who acquires an ownership interest in a ves- a vessel which, according to its basic structural ‘‘(1) ADMINISTERING AUTHORITY.—The term sel, including by way of lease or long-term characteristics and ability, is intended to be ‘administering authority’ means the Secretary of bareboat charter, in conjunction with the origi- used exclusively for military purposes. Commerce, or any other officer of the United nal transfer from the producer, either directly or ‘‘(9) LIKE VESSEL.—The term ‘like vessel’ States to whom the responsibility for carrying indirectly, including an individual or company means a vessel of the same type, same purpose, September 27, 1996 CONGRESSIONAL RECORD — SENATE S11595 and approximate size as the subject vessel and of the domestic industry, including efforts to de- clause (ii) of this subparagraph, the Commission possessing characteristics closely resembling velop a derivative or more advanced version of shall cumulatively assess the effects of sales of those of the subject vessel. a domestic like vessel, and foreign like vessels from all foreign producers ‘‘(10) DOMESTIC LIKE VESSEL.—The term ‘do- ‘‘(V) the magnitude of the injurious pricing with respect to which— mestic like vessel’ means a like vessel produced margin. ‘‘(I) petitions were filed under section 802(b) in the United States. The Commission shall evaluate all relevant eco- on the same day, ‘‘(11) FOREIGN LIKE VESSEL.—Except as used nomic factors described in this clause within the ‘‘(II) investigations were initiated under sec- in section 822(e)(1)(B)(ii)(II), the term ‘foreign context of the business cycle and conditions of tion 802(a) on the same day, or like vessel’ means a like vessel produced by the competition that are distinctive to the affected ‘‘(III) petitions were filed under section 802(b) foreign producer of the subject vessel for sale in industry. and investigations were initiated under section the producer’s domestic market or in a third ‘‘(D) STANDARD FOR DETERMINATION.—The 802(a) on the same day, country. presence or absence of any factor which the if, with respect to such vessels, the foreign pro- ‘‘(12) SAME GENERAL CATEGORY OF VESSEL.— Commission is required to evaluate under sub- ducers compete with each other and with pro- The term ‘same general category of vessel’ paragraph (C) shall not necessarily give decisive ducers of a domestic like vessel in the United means a vessel of the same type and purpose as guidance with respect to the determination by States market. the subject vessel, but of a significantly dif- the Commission of material injury. ‘‘(ii) EXCEPTIONS.—The Commission shall not ferent size. ‘‘(E) THREAT OF MATERIAL INJURY.— cumulatively assess the effects of sales under ‘‘(13) SUBJECT VESSEL.—The term ‘subject ves- ‘‘(i) IN GENERAL.—In determining whether an clause (i)— sel’ means a vessel subject to investigation industry in the United States is threatened with ‘‘(I) with respect to which the administering under section 801 or 808. material injury by reason of the sale of the sub- authority has made a preliminary negative de- ‘‘(14) FOREIGN PRODUCER.—The term ‘foreign ject vessel, the Commission shall consider, termination, unless the administering authority producer’ means the producer or producers of among other relevant economic factors— subsequently made a final affirmative deter- the subject vessel. ‘‘(I) any existing unused production capacity mination with respect to those sales before the ‘‘(15) EXPORTING COUNTRY.—The term ‘export- or imminent, substantial increase in production Commission’s final determination is made, or ing country’ means the country in which the capacity in the exporting country indicating the ‘‘(II) from any producer with respect to which subject vessel was built. likelihood of substantially increased sales of a the investigation has been terminated. ‘‘(16) MATERIAL INJURY.— foreign like vessel to United States buyers, tak- ‘‘(iii) RECORDS IN FINAL INVESTIGATIONS.—In ‘‘(A) IN GENERAL.—The term ‘material injury’ each final determination in which it cumula- means harm which is not inconsequential, im- ing into account the availability of other export tively assesses the effects of sales under clause material, or unimportant. markets to absorb any additional exports, (i), the Commission may make its determinations ‘‘(B) SALE AND CONSEQUENT IMPACT.—In mak- ‘‘(II) whether the sale of a foreign like vessel based on the record compiled in the first inves- ing determinations under sections 803(a) and or other factors indicate the likelihood of sig- tigation in which it makes a final determina- 805(b), the Commission in each case— nificant additional sales to United States buy- ‘‘(i) shall consider— ers, tion, except that when the administering au- ‘‘(I) the sale of the subject vessel, ‘‘(III) whether sale of the subject vessel or sale thority issues its final determination in a subse- ‘‘(II) the effect of the sale of the subject vessel of a foreign like vessel by the foreign producer quently completed investigation, the Commission on prices in the United States for a domestic like are at prices that are likely to have a significant shall permit the parties in the subsequent inves- vessel, and depressing or suppressing effect on domestic tigation to submit comments concerning the sig- ‘‘(III) the impact of the sale of the subject ves- prices, and are likely to increase demand for nificance of the administering authority’s final sel on domestic producers of a domestic like ves- further sales, determination, and shall include such comments sel, but only in the context of production oper- ‘‘(IV) the potential for product-shifting if pro- and the administering authority’s final deter- ations within the United States, and duction facilities in the exporting country, mination in the record for the subsequent inves- ‘‘(ii) may consider such other economic factors which can presently be used to produce a for- tigation. as are relevant to the determination regarding eign like vessel or could be adapted in a timely ‘‘(G) CUMULATION FOR DETERMINING THREAT whether there is or has been material injury by manner to produce a foreign like vessel, are cur- OF MATERIAL INJURY.—To the extent practicable reason of the sale of the subject vessel. rently being used to produce other types of ves- and subject to subparagraph (F)(ii), for pur- poses of clause (i) (II) and (III) of subparagraph In the notification required under section sels, (E), the Commission may cumulatively assess 805(d), the Commission shall explain its analysis ‘‘(V) the actual and potential negative effects the effects of sales of like vessels from all coun- of each factor considered under clause (i), and on the existing development and production ef- tries with respect to which— identify each factor considered under clause (ii) forts of the domestic industry, including efforts ‘‘(i) petitions were filed under section 802(b) and explain in full its relevance to the deter- to develop a derivative or more advanced version on the same day, mination. of a domestic like vessel, and ‘‘(ii) investigations were initiated under sec- ‘‘(C) EVALUATION OF RELEVANT FACTORS.—For ‘‘(VI) any other demonstrable adverse trends tion 802(a) on the same day, or purposes of subparagraph (B)— that indicate the probability that there is likely ‘‘(iii) petitions were filed under section 802(b) ‘‘(i) SALE OF THE SUBJECT VESSEL.—In evalu- to be material injury by reason of the sale of the and investigations were initiated under section ating the sale of the subject vessel, the Commis- subject vessel. 802(a) on the same day, sion shall consider whether the sale, either in ‘‘(ii) BASIS FOR DETERMINATION.—The Com- absolute terms or relative to production or de- mission shall consider the factors set forth in if, with respect to such vessels, the foreign pro- mand in the United States, in terms of either clause (i) as a whole. The presence or absence of ducers compete with each other and with pro- volume or value, is or has been significant. any factor which the Commission is required to ducers of a domestic like vessel in the United ‘‘(ii) PRICE.—In evaluating the effect of the consider under clause (i) shall not necessarily States market. sale of the subject vessel on prices, the Commis- give decisive guidance with respect to the deter- ‘‘(17) INTERESTED PARTY.—The term ‘inter- sion shall consider whether— mination. Such a determination may not be ested party’ means, in a proceeding under this ‘‘(I) there has been significant price undersell- made on the basis of mere conjecture or suppo- title— ing of the subject vessel as compared with the sition. ‘‘(A)(i) the foreign producer, seller (other than price of a domestic like vessel, and ‘‘(iii) EFFECT OF INJURIOUS PRICING IN THIRD- the foreign producer), and the United States ‘‘(II) the effect of the sale of the subject vessel COUNTRY MARKETS.— buyer of the subject vessel, or otherwise depresses or has depressed prices to a ‘‘(I) IN GENERAL.—The Commission shall con- ‘‘(ii) a trade or business association a majority significant degree or prevents or has prevented sider whether injurious pricing in the markets of of the members of which are the foreign pro- price increases, which otherwise would have oc- foreign countries (as evidenced by injurious ducer, seller, or United States buyer of the sub- curred, to a significant degree. pricing findings or injurious pricing remedies of ject vessel, ‘‘(iii) IMPACT ON AFFECTED DOMESTIC INDUS- other Shipbuilding Agreement Parties, or anti- ‘‘(B) the government of the country in which TRY.—In examining the impact required to be dumping determinations of, or measures imposed the subject vessel is produced or manufactured, considered under subparagraph (B)(i)(III), the by, other countries, against a like vessel pro- ‘‘(C) a producer that is a member of an indus- Commission shall evaluate all relevant economic duced by the producer under investigation) sug- try, factors which have a bearing on the state of the gests a threat of material injury to the domestic ‘‘(D) a certified union or recognized union or industry in the United States, including, but not industry. In the course of its investigation, the group of workers which is representative of an limited to— Commission shall request information from the industry, ‘‘(I) actual and potential decline in output, foreign producer or United States buyer con- ‘‘(E) a trade or business association a majority sales, market share, profits, productivity, return cerning this issue. of whose members are producers in an industry, on investments, and utilization of capacity, ‘‘(II) EUROPEAN COMMUNITIES.—For purposes ‘‘(F) an association, a majority of whose mem- ‘‘(II) factors affecting domestic prices, includ- of this clause, the European Communities as a bers is composed of interested parties described ing with regard to sales, whole shall be treated as a single foreign coun- in subparagraph (C), (D), or (E), and ‘‘(III) actual and potential negative effects on try. ‘‘(G) for purposes of section 807, a purchaser cash flow, employment, wages, growth, ability ‘‘(F) CUMULATION FOR DETERMINING MATERIAL who, after the effective date of an order issued to raise capital, and investment, INJURY.— under that section, entered into a contract of ‘‘(IV) actual and potential negative effects on ‘‘(i) IN GENERAL.—For purposes of clauses (i) sale with the foreign producer that is subject to the existing development and production efforts and (ii) of subparagraph (C), and subject to the order. S11596 CONGRESSIONAL RECORD — SENATE September 27, 1996

‘‘(18) AFFIRMATIVE DETERMINATIONS BY DI- ‘‘(24) WTO MEMBER.—The term ‘WTO mem- ‘‘SEC. 468. SHIPBUILDING AGREEMENT COUNTER- VIDED COMMISSION.—If the Commissioners vot- ber’ means a state, or separate customs territory MEASURES. ing on a determination by the Commission are (within the meaning of Article XII of the WTO ‘‘(a) IN GENERAL.—Notwithstanding any other evenly divided as to whether the determination Agreement), with respect to which the United provision of law, upon receiving from the Sec- should be affirmative or negative, the Commis- States applies the WTO Agreement. retary of Commerce a list of vessels subject to sion shall be deemed to have made an affirma- ‘‘(25) TRADE REPRESENTATIVE.—The term countermeasures under section 807, the Customs tive determination. For the purpose of applying ‘Trade Representative’ means the United States Service shall deny any request for a permit to this paragraph when the issue before the Com- Trade Representative. lade or unlade passengers, merchandise, or bag- mission is to determine whether there is or has ‘‘(26) AFFILIATED PERSONS.—The following gage from or onto those vessels so listed. been— persons shall be considered to be ‘affiliated’ or ‘‘(b) EXCEPTIONS.—Subsection (a) shall not be ‘‘(A) material injury to an industry in the ‘affiliated persons’: applied to deny a permit for the following: United States, ‘‘(A) Members of a family, including brothers ‘‘(1) To unlade any United States citizen or ‘‘(B) threat of material injury to such an in- and sisters (whether by the whole or half blood), permanent legal resident alien from a vessel in- dustry, or spouse, ancestors, and lineal descendants. cluded in the list described in subsection (a), or ‘‘(C) material retardation of the establishment ‘‘(B) Any officer or director of an organiza- to unlade any refugee or any alien who would of an industry in the United States, tion and such organization. otherwise be eligible to apply for asylum and by reason of the sale of the subject vessel, an af- ‘‘(C) Partners. withholding of deportation under the Immigra- ‘‘(D) Employer and employee. tion and Nationality Act. firmative vote on any of the issues shall be ‘‘(E) Any person directly or indirectly owning, treated as a vote that the determination should ‘‘(2) To lade or unlade any crewmember of controlling, or holding with power to vote, 5 such vessel. be affirmative. percent or more of the outstanding voting stock ‘‘(19) ORDINARY COURSE OF TRADE.—The term ‘‘(3) To lade or unlade coal and other fuel or shares of any organization, and such organi- ‘ordinary course of trade’ means the conditions supplies (for the operation of the listed vessel), zation. ships’ stores, sea stores, and the legitimate and practices which, for a reasonable time be- ‘‘(F) Two or more persons directly or indi- fore the sale of the subject vessel, have been equipment of such vessel. rectly controlling, controlled by, or under com- ‘‘(4) To lade or unlade supplies for the use or normal in the shipbuilding industry with respect mon control with, any person. to a like vessel. The administering authority sale on such vessel. ‘‘(G) Any person who controls any other per- ‘‘(5) To lade or unlade such other merchan- shall consider the following sales and trans- son, and such other person. dise, baggage, or passenger as the Customs Serv- actions, among others, to be outside the ordi- For purposes of this paragraph, a person shall ice shall determine necessary to protect the im- nary course of trade: be considered to control another person if the ‘‘(A) Sales disregarded under section 822(b)(1). mediate health, safety, or welfare of a human ‘‘(B) Transactions disregarded under section person is legally or operationally in a position being. 822(f)(2). to exercise restraint or direction over the other ‘‘(c) CORRECTION OF MINISTERIAL OR CLERI- ‘‘(20) NONMARKET ECONOMY COUNTRY.— person. CAL ERRORS.— ‘‘(A) IN GENERAL.—The term ‘nonmarket econ- ‘‘(27) INJURIOUS PRICING.—The term ‘injurious ‘‘(1) PETITION FOR CORRECTION.—If the master omy country’ means any foreign country that pricing’ refers to the sale of a vessel at less than of any vessel whose application for a permit to the administering authority determines does not fair value. lade or unlade has been denied under this sec- operate on market principles of cost or pricing ‘‘(28) INJURIOUS PRICING MARGIN.— tion believes that such denial resulted from a ‘‘(A) IN GENERAL.—The term ‘injurious pricing structures, so that sales of vessels in such coun- ministerial or clerical error, not amounting to a margin’ means the amount by which the normal try do not reflect the fair value of the vessels. mistake of law, committed by any Customs offi- value exceeds the export price of the subject ves- ‘‘(B) FACTORS TO BE CONSIDERED.—In making cer, the master may petition the Customs Service determinations under subparagraph (A) the ad- sel. for correction of such error, as provided by regu- ‘‘(B) MAGNITUDE OF THE INJURIOUS PRICING ministering authority shall take into account— lation. ‘‘(i) the extent to which the currency of the MARGIN.—The magnitude of the injurious pric- ‘‘(2) INAPPLICABILITY OF SECTIONS 514 AND foreign country is convertible into the currency ing margin used by the Commission shall be— 520.—Notwithstanding paragraph (1), imposition ‘‘(i) in making a preliminary determination of other countries, of countermeasures under this section shall not ‘‘(ii) the extent to which wage rates in the for- under section 803(a) in an investigation (includ- be deemed an exclusion or other protestable de- eign country are determined by free bargaining ing any investigation in which the Commission cision under section 514, and shall not be subject between labor and management, cumulatively assesses the effect of sales under to correction under section 520. ‘‘(iii) the extent to which joint ventures or paragraph (16)(F)(i)), the injurious pricing mar- ‘‘(3) PETITIONS SEEKING ADMINISTRATIVE RE- other investments by firms of other foreign gin or margins published by the administering VIEW.—Any petition seeking administrative re- countries are permitted in the foreign country, authority in its notice of initiation of the inves- view of any matter regarding the Secretary of ‘‘(iv) the extent of government ownership or tigation; and Commerce’s decision to list a vessel under sec- control of the means of production, ‘‘(ii) in making a final determination under tion 807 must be brought under that section. ‘‘(v) the extent of government control over the section 805(b), the injurious pricing margin or ‘‘(d) PENALTIES.—In addition to any other allocation of resources and over the price and margins most recently published by the admin- provision of law, the Customs Service may im- output decisions of enterprises, and istering authority before the closing of the Com- pose a civil penalty of not to exceed $10,000 ‘‘(vi) such other factors as the administering mission’s administrative record. against the master of any vessel— authority considers appropriate. ‘‘(29) COMMERCIAL INTEREST REFERENCE ‘‘(1) who submits false information in request- ‘‘(C) DETERMINATION IN EFFECT.— RATE.—The term ‘Commercial Interest Reference ing any permit to lade or unlade; or ‘‘(i) Any determination that a foreign country Rate’ or ‘CIRR’ means an interest rate that the ‘‘(2) who attempts to, or actually does, lade or is a nonmarket economy country shall remain in administering authority determines to be con- unlade in violation of any denial of such permit effect until revoked by the administering au- sistent with Annex III, and appendices and under this section.’’. thority. notes thereto, of the Understanding on Export SEC. 205. JUDICIAL REVIEW IN INJURIOUS PRIC- ‘‘(ii) The administering authority may make a Credits for Ships, resulting from negotiations ING AND COUNTERMEASURE PRO- determination under subparagraph (A) with re- under the auspices of the Organization for Eco- CEEDINGS. spect to any foreign country at any time. nomic Cooperation, and entered into on Decem- (a) JUDICIAL REVIEW.—Part III of title IV of ‘‘(D) DETERMINATIONS NOT IN ISSUE.—Not- ber 21, 1994. the Tariff Act of 1930 is amended by inserting withstanding any other provision of law, any ‘‘(30) ANTIDUMPING.— after section 516A the following: determination made by the administering au- ‘‘(A) WTO MEMBERS.—In the case of a WTO ‘‘SEC. 516B. JUDICIAL REVIEW IN INJURIOUS thority under subparagraph (A) shall not be member, the term ‘antidumping’ refers to action PRICING AND COUNTERMEASURE subject to judicial review in any investigation taken pursuant to the Agreement on Implemen- PROCEEDINGS. conducted under subtitle A. tation of Article VI of the General Agreement on ‘‘(a) REVIEW OF DETERMINATION.— ‘‘(21) SHIPBUILDING AGREEMENT.—The term Tariffs and Trade 1994. ‘‘(1) IN GENERAL.—Within 30 days after the ‘Shipbuilding Agreement’ means The Agreement ‘‘(B) OTHER CASES.—In the case of any coun- date of publication in the Federal Register of— Respecting Normal Competitive Conditions in try that is not a WTO member, the term ‘anti- ‘‘(A)(i) a determination by the administering the Commercial Shipbuilding and Repair Indus- dumping’ refers to action taken by the country authority under section 802(c) not to initiate an try, resulting from negotiations under the aus- against the sale of a vessel at less than fair investigation, pices of the Organization for Economic Coopera- value that is comparable to action described in ‘‘(ii) a negative determination by the Commis- tion and Development, and entered into on De- subparagraph (A). sion under section 803(a) as to whether there is cember 21, 1994. ‘‘(31) BROAD MULTIPLE BID.—The term ‘broad or has been reasonable indication of material in- ‘‘(22) SHIPBUILDING AGREEMENT PARTY.—The multiple bid’ means a bid in which the proposed jury, threat of material injury, or material re- term ‘Shipbuilding Agreement Party’ means a buyer extends an invitation to bid to at least all tardation, state or separate customs territory that is a the producers in the industry known by the ‘‘(iii) a determination by the administering Party to the Shipbuilding Agreement, and with buyer to be capable of building the subject ves- authority to suspend or revoke an injurious respect to which the United States applies the sel.’’. pricing order under section 806 (d) or (e), Shipbuilding Agreement. SEC. 204. ENFORCEMENT OF COUNTER- ‘‘(iv) a determination by the administering au- ‘‘(23) WTO AGREEMENT.—The term ‘WTO MEASURES. thority under section 807(c), Agreement’ means the Agreement defined in sec- Part II of title IV of the Tariff Act of 1930 is ‘‘(v) a determination by the administering au- tion 2(9) of the Uruguay Round Agreements Act. amended by adding at the end the following: thority in a review under section 807(d), September 27, 1996 CONGRESSIONAL RECORD — SENATE S11597 ‘‘(vi) a determination by the administering au- Commission during the course of the administra- United States on the ground that such action or thority concerning whether to extend the scope tive proceeding, including all governmental inaction is inconsistent with such agreement. or duration of a countermeasure order under memoranda pertaining to the case and the SEC. 213. IMPLEMENTING REGULATIONS. section 807(e)(3)(B)(ii), record of ex parte meetings required to be kept After the date of the enactment of this title, ‘‘(vii) a determination by the administering by section 843(a)(2); and the heads of agencies with functions under this authority to amend a countermeasure order ‘‘(ii) a copy of the determination, all tran- title and the amendments made by this title may under section 807(e)(6), scripts or records of conferences or hearings, issue such regulations as may be necessary to ‘‘(viii) a determination by the administering and all notices published in the Federal Reg- ensure that this title is appropriately imple- authority in a review under section 807(g), ister. mented on the date the Shipbuilding Agreement ‘‘(ix) a determination by the administering au- ‘‘(B) CONFIDENTIAL OR PRIVILEGED MATE- enters into force with respect to the United thority under section 807(i) to terminate pro- RIAL.—The confidential or privileged status ac- States. ceedings, or to amend or revoke a counter- corded to any documents, comments, or informa- SEC. 214. AMENDMENTS TO THE MERCHANT MA- measure order, tion shall be preserved in any action under this RINE ACT, 1936. ‘‘(x) a determination by the administering au- section. Notwithstanding the preceding sen- The Merchant Marine Act, 1936, is amended thority under section 845(b), with respect to a tence, the court may examine, in camera, the as follows: matter described in paragraph (1)(D) of that sec- confidential or privileged material, and may dis- (1) Section 511(a)(2) (46 App. U.S.C. tion, or close such material under such terms and condi- 1161(a)(2)) is amended by inserting after ‘‘1939,’’ ‘‘(B)(i) an injurious pricing order based on a tions as it may order. the following: ‘‘or, if the vessel is a Shipbuilding determination described in subparagraph (A) of ‘‘(c) STANDING.—Any interested party who Agreement vessel, constructed in a Shipbuilding paragraph (2), was a party to the proceeding under title VIII Agreement Party, but only with regard to mon- ‘‘(ii) notice of a determination described in shall have the right to appear and be heard as eys deposited, on or after the date on which the subparagraph (B) of paragraph (2), a party in interest before the United States Shipbuilding Trade Agreement Act takes effect, ‘‘(iii) notice of implementation of a determina- Court of International Trade in an action under into a construction reserve fund established tion described in subparagraph (C) of para- this section. The party filing the action shall under subsection (b)’’. graph (2), or notify all such interested parties of the filing of (2) Section 601(a) (46 App. U.S.C. 1171(a)) is ‘‘(iv) notice of revocation of an injurious pric- an action under this section, in the form, man- amended by striking ‘‘, and that such vessel or ing order based on a determination described in ner, and within the time prescribed by rules of vessels were built in the United States, or have subparagraph (D) of paragraph (2), the court. been documented under the laws of the United an interested party who is a party to the pro- ‘‘(d) DEFINITIONS.—For purposes of this sec- States not later than February 1, 1928, or actu- ceeding in connection with which the matter tion: ally ordered and under construction for the ac- ‘‘(1) ADMINISTERING AUTHORITY.—The term arises may commence an action in the United count of citizens of the United States prior to ‘administering authority’ has the meaning given States Court of International Trade by filing such date;’’ and inserting ‘‘and that such vessel that term in section 861(1). concurrently a summons and complaint, each or vessels were built in the United States, or, if ‘‘(2) COMMISSION.—The term ‘Commission’ with the content and in the form, manner, and the vessel or vessels are Shipbuilding Agreement means the United States International Trade style prescribed by the rules of that court, con- vessels, in a Shipbuilding Agreement Party;’’. Commission. testing any factual findings or legal conclusions (3) Section 606(6) (46 App. U.S.C. 1176(6)) is ‘‘(3) INTERESTED PARTY.—The term ‘interested upon which the determination is based. amended by inserting ‘‘or, if the vessel is a Ship- party’ means any person described in section building Agreement vessel, in a Shipbuilding ‘‘(2) REVIEWABLE DETERMINATIONS.—The de- 861(17).’’. terminations referred to in paragraph (1)(B) Agreement Party or in the United States,’’ be- (b) CONFORMING AMENDMENTS.— are— fore ‘‘, except in an emergency.’’. (1) JURISDICTION OF THE COURT.—Section (4) Section 607 (46 App. U.S.C. 1177) is amend- ‘‘(A) a final affirmative determination by the 1581(c) of title 28, United States Code, is amend- ed as follows: administering authority or by the Commission ed by inserting ‘‘or 516B’’ after ‘‘section 516A’’. (A) Subsection (a) is amended by inserting under section 805, including any negative part (2) RELIEF.—Section 2643 of title 28, United ‘‘or, if the vessel is a Shipbuilding Agreement of such a determination (other than a part re- States Code, is amended— vessel, in a Shipbuilding Agreement Party,’’ ferred to in subparagraph (B)), (A) in subsection (c)(1) by striking ‘‘and (5)’’ after ‘‘built in the United States’’. ‘‘(B) a final negative determination by the ad- and inserting ‘‘(5), and (6)’’; and (B) Subsection (k) is amended as follows: ministering authority or the Commission under (B) in subsection (c) by adding at the end the (i) Paragraph (1) is amended by striking sub- section 805, following new paragraph: paragraph (A) and inserting the following: ‘‘(C) a determination by the administering au- ‘‘(6) In any civil action under section 516B of ‘‘(A)(i) constructed in the United States and, thority under section 845(b), with respect to a the Tariff Act of 1930, the Court of Inter- if reconstructed, reconstructed in the United matter described in paragraph (1)(A) of that sec- national Trade may not issue injunctions or any States or in a Shipbuilding Agreement Party, or tion, and other form of equitable relief, except with regard ‘‘(ii) that is a Shipbuilding Agreement vessel ‘‘(D) a determination by the Commission to implementation of a countermeasure order and is constructed in a Shipbuilding Agreement under section 845(a) that results in the revoca- under section 468 of that Act, upon a proper Party and, if reconstructed, is reconstructed in tion of an injurious pricing order. showing that such relief is warranted.’’. a Shipbuilding Agreement Party or in the Unit- ‘‘(3) EXCEPTION.—Notwithstanding the 30-day Subtitle B—Other Provisions ed States,’’. limitation imposed by paragraph (1) with regard (ii) Paragraph (2)(A) is amended to read as to an order described in paragraph (1)(B)(i), a SEC. 211. EQUIPMENT AND REPAIR OF VESSELS. follows: final affirmative determination by the admin- Section 466 of the Tariff Act of 1930 (19 U.S.C. ‘‘(A)(i) constructed in the United States and, istering authority under section 805 may be con- 1466), is amended by adding at the end the fol- if reconstructed, reconstructed in the United tested by commencing an action, in accordance lowing new subsection: States or in a Shipbuilding Agreement Party, or with the provisions of paragraph (1), within 30 ‘‘(i) The duty imposed by subsection (a) shall ‘‘(ii) that is a Shipbuilding Agreement vessel days after the date of publication in the Federal not apply with respect to activities occurring in and is constructed in a Shipbuilding Agreement Register of a final negative determination by the a Shipbuilding Agreement Party, as defined in Party and, if reconstructed, is reconstructed in Commission under section 805. section 861(22), with respect to— a Shipbuilding Agreement Party or in the Unit- ‘‘(4) PROCEDURES AND FEES.—The procedures ‘‘(1) self-propelled seagoing vessels of 100 gross ed States, but only with regard to moneys depos- and fees set forth in chapter 169 of title 28, Unit- tons or more that are used for transportation of ited into the fund on or after the date on which ed States Code, apply to an action under this goods or persons or for performance of a special- the Shipbuilding Trade Agreement Act takes ef- section. ized service (including, but not limited to, ice fect.’’. ‘‘(b) STANDARDS OF REVIEW.— breakers and dredges), and (5) Section 610 (46 App. U.S.C. 1180) is amend- ‘‘(1) REMEDY.—The court shall hold unlawful ‘‘(2) tugs of 365 kilowatts or more. ed by striking ‘‘shall be built in a domestic yard any determination, finding, or conclusion A vessel shall be considered ‘self-propelled sea- or shall have been documented under the laws found— going’ if its permanent propulsion and steering of the United States not later than February 1, ‘‘(A) in an action brought under subpara- provide it all the characteristics of self-naviga- 1928, or actually ordered and under construc- graph (A) of subsection (a)(1), to be arbitrary, bility in the high seas.’’. tion for the account of citizens of the United capricious, an abuse of discretion, or otherwise SEC. 212. EFFECT OF AGREEMENT WITH RESPECT States prior to such date,’’ and inserting ‘‘shall not in accordance with law, or TO PRIVATE REMEDIES. be built in the United States or, if the vessel is ‘‘(B) in an action brought under subpara- No person other than the United States— a Shipbuilding Agreement vessel, in a Shipbuild- graph (B) of subsection (a)(1), to be unsup- (1) shall have any cause of action or defense ing Agreement Party,’’. ported by substantial evidence on the record, or under the Shipbuilding Agreement or by virtue (6) Section 901(b)(1) (46 App. U.S.C. 1241(b)(1)) otherwise not in accordance with law. of congressional approval of the agreement, or is amended by striking the third sentence and ‘‘(2) RECORD FOR REVIEW.— (2) may challenge, in any action brought inserting the following: ‘‘(A) IN GENERAL.—For purposes of this sub- under any provision of law, any action or inac- ‘‘For purposes of this section, the term ‘pri- section, the record, unless otherwise stipulated tion by any department, agency, or other instru- vately owned United States-flag commercial ves- by the parties, shall consist of— mentality of the United States, the District of sels’ shall be deemed to include— ‘‘(i) a copy of all information presented to or Columbia, any State, any political subdivision ‘‘(A) any privately owned United States-flag obtained by the administering authority or the of a State, or any territory or possession of the commercial vessel constructed in the United S11598 CONGRESSIONAL RECORD — SENATE September 27, 1996

States, and if rebuilt, rebuilt in the United vessels, the Secretary may establish by rule, reg- ‘‘(2) OTHER BASES FOR INELIGIBILITY.—The States or in a Shipbuilding Agreement Party on ulation, or procedure a uniform percentage that President shall not designate any country a or after the date on which the Shipbuilding the Secretary determines to be consistent with beneficiary developing country under this title if Trade Agreement Act takes effect, and obligations of the United States under the Ex- any of the following applies: ‘‘(B) any privately owned vessel constructed port Credit Understanding or the Shipbuilding ‘‘(A) Such country is a Communist country, in a Shipbuilding Agreement Party on or after Agreement, as the case may be.’’. unless— the date on which the Shipbuilding Trade (C) Section 1104B(b) (46 App. U.S.C. 1274a(b)) ‘‘(i) the products of such country receive non- Agreement Act takes effect, and if rebuilt, re- is amended by striking the period at the end and discriminatory treatment, built in a Shipbuilding Agreement Party or in inserting the following: ‘‘(ii) such country is a WTO Member (as such term is defined in section 2(10) of the Uruguay the United States, that is documented pursuant ‘‘, except that, with respect to Export Credit Un- to chapter 121 of title 46, United States Code. Round Agreements Act) (19 U.S.C. 3501(10)) and derstanding vessels and Shipbuilding Agreement a member of the International Monetary Fund, The term ‘privately owned United States-flag vessels, the Secretary may establish by rule, reg- commercial vessels’ shall also be deemed to in- and ulation, or procedure a uniform percentage that ‘‘(iii) such country is not dominated or con- clude any cargo vessel that so qualified pursu- the Secretary determines to be consistent with trolled by international communism. ant to section 615 of this Act or this paragraph obligations of the United States under the Ex- ‘‘(B) Such country is a party to an arrange- before the date on which the Shipbuilding Trade port Credit Understanding or the Shipbuilding ment of countries and participates in any action Agreement Act takes effect. The term ‘privately Agreement, as the case may be.’’. pursuant to such arrangement, the effect of owned United States-flag commercial vessels’ Subtitle C—Effective Date which is— shall not be deemed to include any liquid bulk ‘‘(i) to withhold supplies of vital commodity cargo vessel that does not meet the requirements SEC. 221. EFFECTIVE DATE. resources from international trade or to raise of section 3703a of title 46, United States Code.’’. This title and the amendments made by this the price of such commodities to an unreason- (7) Section 905 (46 App. U.S.C. 1244) is amend- title take effect on the date that the Shipbuild- able level, and ed by adding at the end the following: ing Agreement enters into force with respect to ‘‘(ii) to cause serious disruption of the world ‘‘(h) The term ‘Shipbuilding Agreement’ the United States. economy. means the Agreement Respecting Normal Com- TITLE III—GENERALIZED SYSTEM OF ‘‘(C) Such country affords preferential treat- petitive Conditions in the Commercial Shipbuild- PREFERENCES ment to the products of a developed country, ing and Repair Industry, which resulted from other than the United States, which has, or is SEC. 301. SHORT TITLE. negotiations under the auspices of the Organi- likely to have, a significant adverse effect on This title may be cited as the ‘‘GSP Renewal zation for Economic Cooperation and Develop- United States commerce. Act of 1996’’. ment, and was entered into on December 21, ‘‘(D)(i) Such country— 1994. SEC. 302. GENERALIZED SYSTEM OF PREF- ‘‘(I) has nationalized, expropriated, or other- ‘‘(i) The term ‘Shipbuilding Agreement Party’ ERENCES. wise seized ownership or control of property, in- means a state or separate customs territory that (a) IN GENERAL.—Title V of the Trade Act of cluding patents, trademarks, or copyrights, is a Party to the Shipbuilding Agreement, and 1974 is amended to read as follows: owned by a United States citizen or by a cor- with respect to which the United States applies ‘‘TITLE V—GENERALIZED SYSTEM OF poration, partnership, or association which is 50 the Shipbuilding Agreement. PREFERENCES percent or more beneficially owned by United ‘‘(j) The term ‘Shipbuilding Agreement vessel’ States citizens, ‘‘SEC. 501. AUTHORITY TO EXTEND PREF- ‘‘(II) has taken steps to repudiate or nullify means a vessel to which the Secretary deter- ERENCES. an existing contract or agreement with a United mines Article 2.1 of the Shipbuilding Agreement ‘‘The President may provide duty-free treat- States citizen or a corporation, partnership, or applies. ment for any eligible article from any bene- association which is 50 percent or more bene- ‘‘(k) The term ‘Export Credit Understanding’ ficiary developing country in accordance with ficially owned by United States citizens, the ef- means the Understanding on Export Credits for the provisions of this title. In taking any such fect of which is to nationalize, expropriate, or Ships which resulted from negotiations under action, the President shall have due regard otherwise seize ownership or control of property, the auspices of the Organization for Economic for— including patents, trademarks, or copyrights, so Cooperation and Development and was entered ‘‘(1) the effect such action will have on fur- owned, or into on December 21, 1994. thering the economic development of developing ‘‘(III) has imposed or enforced taxes or other ‘‘(l) The term ‘Export Credit Understanding countries through the expansion of their ex- exactions, restrictive maintenance or oper- vessel’ means a vessel to which the Secretary de- ports; ational conditions, or other measures with re- termines the Export Credit Understanding ap- ‘‘(2) the extent to which other major developed spect to property, including patents, trade- plies.’’. countries are undertaking a comparable effort to marks, or copyrights, so owned, the effect of (8) Section 1104A (46 App. U.S.C. 1274) is assist developing countries by granting general- which is to nationalize, expropriate, or other- amended as follows: ized preferences with respect to imports of prod- wise seize ownership or control of such prop- (A) Paragraph (5) of subsection (b) is amended ucts of such countries; erty, to read as follows: ‘‘(3) the anticipated impact of such action on ‘‘(5) shall bear interest (exclusive of charges unless clause (ii) applies. United States producers of like or directly com- ‘‘(ii) This clause applies if the President deter- for the guarantee and service charges, if any) at petitive products; and mines that— rates not to exceed such percent per annum on ‘‘(4) the extent of the beneficiary developing ‘‘(I) prompt, adequate, and effective com- the unpaid principal as the Secretary deter- country’s competitiveness with respect to eligible pensation has been or is being made to the citi- mines to be reasonable, taking into account the articles. zen, corporation, partnership, or association re- range of interest rates prevailing in the private ‘‘SEC. 502. DESIGNATION OF BENEFICIARY DEVEL- ferred to in clause (i), market for similar loans and the risks assumed OPING COUNTRIES. ‘‘(II) good faith negotiations to provide by the Secretary, except that, with respect to ‘‘(a) AUTHORITY TO DESIGNATE COUNTRIES.— prompt, adequate, and effective compensation Export Credit Understanding vessels, and Ship- ‘‘(1) BENEFICIARY DEVELOPING COUNTRIES.— under the applicable provisions of international building Agreement vessels, the obligations shall The President is authorized to designate coun- law are in progress, or the country described in bear interest at a rate the Secretary determines tries as beneficiary developing countries for pur- clause (i) is otherwise taking steps to discharge to be consistent with obligations of the United poses of this title. its obligations under international law with re- States under the Export Credit Understanding ‘‘(2) LEAST-DEVELOPED BENEFICIARY DEVELOP- spect to such citizen, corporation, partnership, or the Shipbuilding Agreement, as the case may ING COUNTRIES.—The President is authorized to or association, or be;’’. designate any beneficiary developing country as ‘‘(III) a dispute involving such citizen, cor- (B) Subsection (i) is amended to read as fol- a least-developed beneficiary developing country poration, partnership, or association over com- lows: for purposes of this title, based on the consider- pensation for such a seizure has been submitted ‘‘(i)(1) Except as provided in paragraph (2), ations in section 501 and subsection (c) of this to arbitration under the provisions of the Con- the Secretary may not, with respect to— section. vention for the Settlement of Investment Dis- ‘‘(A) the general 75 percent or less limitation ‘‘(b) COUNTRIES INELIGIBLE FOR DESIGNA- putes, or in another mutually agreed upon contained in subsection (b)(2), TION.— forum, 1 ‘‘(B) the 87 ⁄2 percent or less limitation con- ‘‘(1) SPECIFIC COUNTRIES.—The following and the President promptly furnishes a copy of tained in the 1st, 2nd, 4th, or 5th proviso to sub- countries may not be designated as beneficiary such determination to the Senate and House of section (b)(2) or in section 1112(b), or developing countries for purposes of this title: Representatives. ‘‘(C) the 80 percent or less limitation in the 3rd ‘‘(A) Australia. ‘‘(E) Such country fails to act in good faith in proviso to such subsection, ‘‘(B) Canada. recognizing as binding or in enforcing arbitral establish by rule, regulation, or procedure any ‘‘(C) European Union member states. awards in favor of United States citizens or a percentage within any such limitation that is, or ‘‘(D) Iceland. corporation, partnership, or association which is intended to be, applied uniformly to all guar- ‘‘(E) Japan. is 50 percent or more beneficially owned by antees or commitments to guarantee made under ‘‘(F) Monaco. United States citizens, which have been made by this section that are subject to the limitation. ‘‘(G) New Zealand. arbitrators appointed for each case or by perma- ‘‘(2) With respect to Export Credit Under- ‘‘(H) Norway. nent arbitral bodies to which the parties in- standing vessels and Shipbuilding Agreement ‘‘(I) Switzerland. volved have submitted their dispute. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11599

‘‘(F) Such country aids or abets, by granting defined by the official statistics of the Inter- ‘‘(B) EXCLUSIONS.—An article shall not be sanctuary from prosecution to, any individual national Bank for Reconstruction and Develop- treated as the growth, product, or manufacture or group which has committed an act of inter- ment, then the President shall terminate the of a beneficiary developing country by virtue of national terrorism. designation of such country as a beneficiary de- having merely undergone— ‘‘(G) Such country has not taken or is not veloping country for purposes of this title, effec- ‘‘(i) simple combining or packaging oper- taking steps to afford internationally recognized tive on January 1 of the second year following ations, or worker rights to workers in the country (includ- the year in which such determination is made. ‘‘(ii) mere dilution with water or mere dilution ing any designated zone in that country). ‘‘(f) CONGRESSIONAL NOTIFICATION.— with another substance that does not materially Subparagraphs (D), (E), (F), and (G) shall not ‘‘(1) NOTIFICATION OF DESIGNATION.— alter the characteristics of the article. prevent the designation of any country as a ‘‘(A) IN GENERAL.—Before the President des- ‘‘(3) REGULATIONS.—The Secretary of the beneficiary developing country under this title if ignates any country as a beneficiary developing Treasury, after consulting with the United the President determines that such designation country under this title, the President shall no- States Trade Representative, shall prescribe will be in the national economic interest of the tify the Congress of the President’s intention to such regulations as may be necessary to carry United States and reports such determination to make such designation, together with the con- out paragraph (2), including, but not limited to, the Congress with the reasons therefor. siderations entering into such decision. regulations providing that, in order to be eligible ‘‘(c) FACTORS AFFECTING COUNTRY DESIGNA- ‘‘(B) DESIGNATION AS LEAST-DEVELOPED BENE- for duty-free treatment under this title, an arti- TION.—In determining whether to designate any FICIARY DEVELOPING COUNTRY.—At least 60 days cle— country as a beneficiary developing country before the President designates any country as ‘‘(A) must be wholly the growth, product, or under this title, the President shall take into ac- a least-developed beneficiary developing coun- manufacture of a beneficiary developing coun- count— try, the President shall notify the Congress of try, or ‘‘(1) an expression by such country of its de- the President’s intention to make such designa- ‘‘(B) must be a new or different article of com- sire to be so designated; tion. merce which has been grown, produced, or man- ‘‘(2) the level of economic development of such ‘‘(2) NOTIFICATION OF TERMINATION.—If the ufactured in the beneficiary developing country. ‘‘(b) ARTICLES THAT MAY NOT BE DESIGNATED country, including its per capita gross national President has designated any country as a bene- AS ELIGIBLE ARTICLES.— product, the living standards of its inhabitants, ficiary developing country under this title, the ‘‘(1) IMPORT SENSITIVE ARTICLES.—The Presi- and any other economic factors which the Presi- President shall not terminate such designation dent may not designate any article as an eligible dent deems appropriate; unless, at least 60 days before such termination, article under subsection (a) if such article is ‘‘(3) whether or not other major developed the President has notified the Congress and has within one of the following categories of import- countries are extending generalized preferential notified such country of the President’s inten- sensitive articles: tariff treatment to such country; tion to terminate such designation, together ‘‘(A) Textile and apparel articles which were ‘‘(4) the extent to which such country has as- with the considerations entering into such deci- not eligible articles for purposes of this title on sured the United States that it will provide equi- sion. January 1, 1994, as this title was in effect on table and reasonable access to the markets and ‘‘SEC. 503. DESIGNATION OF ELIGIBLE ARTICLES. such date. ‘‘(a) ELIGIBLE ARTICLES.— basic commodity resources of such country and ‘‘(B) Watches, except those watches entered ‘‘(1) DESIGNATION.— the extent to which such country has assured after June 30, 1989, that the President specifi- ‘‘(A) IN GENERAL.—Except as provided in sub- the United States that it will refrain from en- cally determines, after public notice and com- section (b), the President is authorized to des- gaging in unreasonable export practices; ment, will not cause material injury to watch or ignate articles as eligible articles from all bene- ‘‘(5) the extent to which such country is pro- watch band, strap, or bracelet manufacturing ficiary developing countries for purposes of this viding adequate and effective protection of in- and assembly operations in the United States or title by Executive order or Presidential procla- tellectual property rights; the United States insular possessions. mation after receiving the advice of the Inter- ‘‘(6) the extent to which such country has ‘‘(C) Import-sensitive electronic articles. national Trade Commission in accordance with taken action to— ‘‘(D) Import-sensitive steel articles. subsection (e). ‘‘(A) reduce trade distorting investment prac- ‘‘(E) Footwear, handbags, luggage, flat goods, ‘‘(B) LEAST-DEVELOPED BENEFICIARY DEVEL- tices and policies (including export performance work gloves, and leather wearing apparel which OPING COUNTRIES.—Except for articles described requirements); and were not eligible articles for purposes of this in subparagraphs (A), (B), and (E) of subsection ‘‘(B) reduce or eliminate barriers to trade in title on January 1, 1995, as this title was in ef- (b)(1) and articles described in paragraphs (2) services; and fect on such date. ‘‘(7) whether or not such country has taken or and (3) of subsection (b), the President may, in ‘‘(F) Import-sensitive semimanufactured and is taking steps to afford to workers in that coun- carrying out section 502(d)(1) and subsection manufactured glass products. try (including any designated zone in that (c)(1) of this section, designate articles as eligi- ‘‘(G) Any other articles which the President country) internationally recognized worker ble articles only for countries designated as determines to be import-sensitive in the context rights. least-developed beneficiary developing countries of the Generalized System of Preferences. ‘‘(d) WITHDRAWAL, SUSPENSION, OR LIMITA- under section 502(a)(2) if, after receiving the ad- ‘‘(2) ARTICLES AGAINST WHICH OTHER ACTIONS TION OF COUNTRY DESIGNATION.— vice of the International Trade Commission in TAKEN.—An article shall not be an eligible arti- ‘‘(1) IN GENERAL.—The President may with- accordance with subsection (e) of this section, cle for purposes of this title for any period dur- draw, suspend, or limit the application of the the President determines that such articles are ing which such article is the subject of any ac- duty-free treatment accorded under this title not import-sensitive in the context of imports tion proclaimed pursuant to section 203 of this with respect to any country. In taking any ac- from least-developed beneficiary developing Act (19 U.S.C. 2253) or section 232 or 351 of the tion under this subsection, the President shall countries. Trade Expansion Act of 1962 (19 U.S.C. 1862, consider the factors set forth in section 501 and ‘‘(C) THREE-YEAR RULE.—If, after receiving 1981). subsection (c) of this section. the advice of the International Trade Commis- ‘‘(3) AGRICULTURAL PRODUCTS.—No quantity ‘‘(2) CHANGED CIRCUMSTANCES.—The President sion under subsection (e), an article has been of an agricultural product subject to a tariff- shall, after complying with the requirements of formally considered for designation as an eligi- rate quota that exceeds the in-quota quantity subsection (f)(2), withdraw or suspend the des- ble article under this title and denied such des- shall be eligible for duty-free treatment under ignation of any country as a beneficiary devel- ignation, such article may not be reconsidered this title. oping country if, after such designation, the for such designation for a period of 3 years after ‘‘(c) WITHDRAWAL, SUSPENSION, OR LIMITA- President determines that as the result of such denial. TION OF DUTY-FREE TREATMENT; COMPETITIVE changed circumstances such country would be ‘‘(2) RULE OF ORIGIN.— NEED LIMITATION.— barred from designation as a beneficiary devel- ‘‘(A) GENERAL RULE.—The duty-free treatment ‘‘(1) IN GENERAL.—The President may with- oping country under subsection (b)(2). Such provided under this title shall apply to any eli- draw, suspend, or limit the application of the country shall cease to be a beneficiary develop- gible article which is the growth, product, or duty-free treatment accorded under this title ing country on the day on which the President manufacture of a beneficiary developing coun- with respect to any article, except that no rate issues an Executive order or Presidential procla- try if— of duty may be established with respect to any mation revoking the designation of such country ‘‘(i) that article is imported directly from a article pursuant to this subsection other than under this title. beneficiary developing country into the customs the rate which would apply but for this title. In ‘‘(3) ADVICE TO CONGRESS.—The President territory of the United States; and taking any action under this subsection, the shall, as necessary, advise the Congress on the ‘‘(ii) the sum of— President shall consider the factors set forth in application of section 501 and subsection (c) of ‘‘(I) the cost or value of the materials pro- sections 501 and 502(c). this section, and the actions the President has duced in the beneficiary developing country or ‘‘(2) COMPETITIVE NEED LIMITATION.— taken to withdraw, to suspend, or to limit the any two or more such countries that are mem- ‘‘(A) BASIS FOR WITHDRAWAL OF DUTY-FREE application of duty-free treatment with respect bers of the same association of countries and are TREATMENT.— to any country which has failed to adequately treated as one country under section 507(2), plus ‘‘(i) IN GENERAL.—Except as provided in take the actions described in subsection (c). ‘‘(II) the direct costs of processing operations clause (ii) and subject to subsection (d), when- ‘‘(e) MANDATORY GRADUATION OF BENE- performed in such beneficiary developing coun- ever the President determines that a beneficiary FICIARY DEVELOPING COUNTRIES.—If the Presi- try or such member countries, developing country has exported (directly or in- dent determines that a beneficiary developing is not less than 35 percent of the appraised directly) to the United States during any cal- country has become a ‘high income’ country, as value of such article at the time it is entered. endar year beginning after December 31, 1995— S11600 CONGRESSIONAL RECORD — SENATE September 27, 1996 ‘‘(I) a quantity of an eligible article having an reasonable access to the markets and basic com- Rico pursuant to section 319 of the Tariff Act of appraised value in excess of the applicable modity resources of such country, and 1930 on coffee imported into Puerto Rico. amount for the calendar year, or ‘‘(B) the extent to which such country pro- ‘‘SEC. 504. REVIEW AND REPORT TO CONGRESS. ‘‘(II) a quantity of an eligible article equal to vides adequate and effective protection of intel- ‘‘The President shall submit an annual report or exceeding 50 percent of the appraised value of lectual property rights. to the Congress on the status of internationally the total imports of that article into the United ‘‘(3) OTHER BASES FOR WAIVER.—The Presi- recognized worker rights within each bene- States during any calendar year, dent may waive the application of subsection ficiary developing country. the President shall, not later than July 1 of the (c)(2) if, before July 1 of the calendar year be- ‘‘SEC. 505. DATE OF TERMINATION. ginning after the calendar year for which a de- next calendar year, terminate the duty-free ‘‘No duty-free treatment provided under this termination described in subsection (c)(2) was treatment for that article from that beneficiary title shall remain in effect after May 12, 1997. developing country. made with respect to a beneficiary developing country, the President determines that— ‘‘SEC. 506. AGRICULTURAL EXPORTS OF BENE- ‘‘(ii) ANNUAL ADJUSTMENT OF APPLICABLE FICIARY DEVELOPING COUNTRIES. ‘‘(A) there has been a historical preferential AMOUNT.—For purposes of applying clause (i), ‘‘The appropriate agencies of the United trade relationship between the United States the applicable amount is— States shall assist beneficiary developing coun- and such country, ‘‘(I) for 1996, $75,000,000, and tries to develop and implement measures de- ‘‘(B) there is a treaty or trade agreement in ‘‘(II) for each calendar year thereafter, an signed to assure that the agricultural sectors of force covering economic relations between such amount equal to the applicable amount in effect their economies are not directed to export mar- country and the United States, and for the preceding calendar year plus $5,000,000. kets to the detriment of the production of food- ‘‘(C) such country does not discriminate ‘‘(B) COUNTRY DEFINED.—For purposes of this stuffs for their citizenry. paragraph, the term ‘country’ does not include against, or impose unjustifiable or unreasonable ‘‘SEC. 507. DEFINITIONS. an association of countries which is treated as barriers to, United States commerce, ‘‘For purposes of this title: one country under section 507(2), but does in- and the President publishes that determination ‘‘(1) BENEFICIARY DEVELOPING COUNTRY.—The clude a country which is a member of any such in the Federal Register. term ‘beneficiary developing country’ means association. ‘‘(4) LIMITATIONS ON WAIVERS.— any country with respect to which there is in ef- ‘‘(C) REDESIGNATIONS.—A country which is no ‘‘(A) IN GENERAL.—The President may not ex- fect an Executive order or Presidential procla- longer treated as a beneficiary developing coun- ercise the waiver authority under this sub- mation by the President designating such coun- try with respect to an eligible article by reason section with respect to a quantity of an eligible try as a beneficiary developing country for pur- of subparagraph (A) may, subject to the consid- article entered during any calendar year begin- poses of this title. erations set forth in sections 501 and 502, be re- ning after 1995, the aggregate appraised value of ‘‘(2) COUNTRY.—The term ‘country’ means any designated a beneficiary developing country which equals or exceeds 30 percent of the aggre- foreign country or territory, including any over- with respect to such article if imports of such gate appraised value of all articles that entered seas dependent territory or possession of a for- article from such country did not exceed the lim- duty-free under this title during the preceding eign country, or the Trust Territory of the Pa- itations in subparagraph (A) during the preced- calendar year. cific Islands. In the case of an association of ing calendar year. ‘‘(B) OTHER WAIVER LIMITS.—The President countries which is a free trade area or customs ‘‘(D) LEAST-DEVELOPED BENEFICIARY DEVEL- may not exercise the waiver authority provided union, or which is contributing to comprehen- OPING COUNTRIES.—Subparagraph (A) shall not under this subsection with respect to a quantity sive regional economic integration among its apply to any least-developed beneficiary devel- of an eligible article entered during any cal- members through appropriate means, including, oping country. endar year beginning after 1995, the aggregate but not limited to, the reduction of duties, the ‘‘(E) ARTICLES NOT PRODUCED IN THE UNITED appraised value of which exceeds 15 percent of President may by Executive order or Presi- STATES EXCLUDED.—Subparagraph (A)(i)(II) the aggregate appraised value of all articles that dential proclamation provide that all members of shall not apply with respect to any eligible arti- have entered duty-free under this title during such association other than members which are cle if a like or directly competitive article was the preceding calendar year from those bene- barred from designation under section 502(b) not produced in the United States on January 1, ficiary developing countries which for the pre- shall be treated as one country for purposes of 1995. ceding calendar year— this title. ‘‘(F) DE MINIMIS WAIVERS.— ‘‘(i) had a per capita gross national product ‘‘(3) ENTERED.—The term ‘entered’ means en- ‘‘(i) IN GENERAL.—The President may dis- (calculated on the basis of the best available in- tered, or withdrawn from warehouse for con- regard subparagraph (A)(i)(II) with respect to formation, including that of the International sumption, in the customs territory of the United any eligible article from any beneficiary devel- Bank for Reconstruction and Development) of States. oping country if the aggregate appraised value $5,000 or more; or ‘‘(4) INTERNATIONALLY RECOGNIZED WORKER of the imports of such article into the United ‘‘(ii) had exported (either directly or indi- RIGHTS.—The term ‘internationally recognized States during the preceding calendar year does rectly) to the United States a quantity of arti- worker rights’ includes— not exceed the applicable amount for such pre- cles that was duty-free under this title that had ‘‘(A) the right of association; ceding calendar year. an aggregate appraised value of more than 10 ‘‘(B) the right to organize and bargain collec- ‘‘(ii) APPLICABLE AMOUNT.—For purposes of percent of the aggregate appraised value of all tively; applying clause (i), the applicable amount is— articles that entered duty-free under this title ‘‘(C) a prohibition on the use of any form of ‘‘(I) for calendar year 1996, $13,000,000, and during that year. forced or compulsory labor; ‘‘(II) for each calendar year thereafter, an ‘‘(C) CALCULATION OF LIMITATIONS.—There ‘‘(D) a minimum age for the employment of amount equal to the applicable amount in effect shall be counted against the limitations imposed children; and for the preceding calendar year plus $500,000. under subparagraphs (A) and (B) for any cal- ‘‘(E) acceptable conditions of work with re- ‘‘(d) WAIVER OF COMPETITIVE NEED LIMITA- endar year only that value of any eligible arti- spect to minimum wages, hours of work, and oc- TION.— cle of any country that— cupational safety and health. ‘‘(1) IN GENERAL.—The President may waive ‘‘(i) entered duty-free under this title during ‘‘(5) LEAST-DEVELOPED BENEFICIARY DEVELOP- the application of subsection (c)(2) with respect such calendar year; and ING COUNTRY.—The term ‘least-developed bene- to any eligible article of any beneficiary devel- ‘‘(ii) is in excess of the value of that article ficiary developing country’ means a beneficiary oping country if, before July 1 of the calendar that would have been so entered during such developing country that is designated as a least- year beginning after the calendar year for calendar year if the limitations under subsection developed beneficiary developing country under which a determination described in subsection (c)(2)(A) applied. section 502(a)(2).’’. (c)(2)(A) was made with respect to such eligible ‘‘(5) EFFECTIVE PERIOD OF WAIVER.—Any (b) TABLE OF CONTENTS.—The items relating article, the President— waiver granted under this subsection shall re- to title V in the table of contents of the Trade ‘‘(A) receives the advice of the International main in effect until the President determines Act of 1974 are amended to read as follows: Trade Commission under section 332 of the Tar- that such waiver is no longer warranted due to iff Act of 1930 on whether any industry in the changed circumstances. ‘‘TITLE V—GENERALIZED SYSTEM OF PREFERENCES United States is likely to be adversely affected ‘‘(e) INTERNATIONAL TRADE COMMISSION AD- by such waiver, VICE.—Before designating articles as eligible ar- ‘‘Sec. 501. Authority to extend preferences. ‘‘(B) determines, based on the considerations ticles under subsection (a)(1), the President ‘‘Sec. 502. Designation of beneficiary develop- described in sections 501 and 502(c) and the ad- shall publish and furnish the International ing countries. vice described in subparagraph (A), that such Trade Commission with lists of articles which ‘‘Sec. 503. Designation of eligible articles. waiver is in the national economic interest of may be considered for designation as eligible ar- ‘‘Sec. 504. Review and report to Congress. the United States, and ticles for purposes of this title. The provisions of ‘‘Sec. 505. Date of termination. ‘‘(C) publishes the determination described in sections 131, 132, 133, and 134 shall be complied ‘‘Sec. 506. Agricultural exports of beneficiary subparagraph (B) in the Federal Register. with as though action under section 501 and developing countries. ‘‘(2) CONSIDERATIONS BY THE PRESIDENT.—In this section were action under section 123 to ‘‘Sec. 507. Definitions.’’. making any determination under paragraph (1), carry out a trade agreement entered into under SEC. 303. EFFECTIVE DATE. the President shall give great weight to— section 123. (a) IN GENERAL.—The amendments made by ‘‘(A) the extent to which the beneficiary de- ‘‘(f) SPECIAL RULE CONCERNING PUERTO this title apply to articles entered on or after veloping country has assured the United States RICO.—No action under this title may affect any October 1, 1996. that such country will provide equitable and tariff duty imposed by the Legislature of Puerto (b) RETROACTIVE APPLICATION.— September 27, 1996 CONGRESSIONAL RECORD — SENATE S11601

(1) GENERAL RULE.—Notwithstanding section (C) in paragraph (4) by striking ‘‘502(a)(4)’’ ‘‘(C) the executor of the decedent’s estate in 514 of the Tariff Act of 1930 or any other provi- and inserting ‘‘507(4)’’. any other case. sion of law and subject to subsection (c)— (4) Section 1621(a)(1) of the International Fi- ‘‘(b) UNITED STATES GRANTOR OF FOREIGN (A) any article that was entered— nancial Institutions Act (22 U.S.C. 262p– TRUST.— (i) after July 31, 1995, and 4p(a)(1)) is amended by striking ‘‘502(a)(4)’’ and ‘‘(1) IN GENERAL.—If, at any time during any (ii) before January 1, 1996, and inserting ‘‘507(4)’’. taxable year of a United States person, such to which duty-free treatment under title V of (5) Section 103B of the Agricultural Act of person is treated as the owner of any portion of the Trade Act of 1974 would have applied if the 1949 (7 U.S.C. 1444–2) is amended in subsections a foreign trust under the rules of subpart E of entry had been made on July 31, 1995, shall be (a)(5)(F) (v) and (n)(1)(C) by striking ‘‘503(d) of part I of subchapter J of chapter 1, such person liquidated or reliquidated as free of duty, and the Trade Act of 1974 (19 U.S.C. 2463(d))’’ and shall be responsible to ensure that— the Secretary of the Treasury shall refund any inserting ‘‘503(b)(3) of the Trade Act of 1974’’. ‘‘(A) such trust makes a return for such year duty paid with respect to such entry, and TITLE IV—REVENUE OFFSETS which sets forth a full and complete accounting (B) any article that was entered— SEC. 400. AMENDMENT OF 1986 CODE. of all trust activities and operations for the (i) after December 31, 1995, and Except as otherwise expressly provided, when- year, the name of the United States agent for (ii) before October 1, 1996, and ever in this title an amendment or repeal is ex- such trust, and such other information as the to which duty-free treatment under title V of pressed in terms of an amendment to, or repeal Secretary may prescribe, and the Trade Act of 1974 (as amended by this title) of, a section or other provision, the reference ‘‘(B) such trust furnishes such information as would have applied if the entry had been made shall be considered to be made to a section or the Secretary may prescribe to each United on or after October 1, 1996, shall be liquidated or other provision of the Internal Revenue Code of States person (i) who is treated as the owner of reliquidated as free of duty, and the Secretary 1986. any portion of such trust or (ii) who receives of the Treasury shall refund any duty paid with (directly or indirectly) any distribution from the Subtitle A—Foreign Trust Tax Compliance respect to such entry. trust. SEC. 401. IMPROVED INFORMATION REPORTING (2) LIMITATION ON REFUNDS.—No refund shall ‘‘(2) TRUSTS NOT HAVING UNITED STATES ON FOREIGN TRUSTS. be made pursuant to this subsection before Octo- AGENT.— (a) IN GENERAL.—Section 6048 (relating to re- ber 1, 1996. ‘‘(A) IN GENERAL.—If the rules of this para- turns as to certain foreign trusts) is amended to (3) ENTRY.—As used in this subsection, the graph apply to any foreign trust, the determina- read as follows: term ‘‘entry’’ includes a withdrawal from ware- tion of amounts required to be taken into ac- house for consumption. ‘‘SEC. 6048. INFORMATION WITH RESPECT TO count with respect to such trust by a United CERTAIN FOREIGN TRUSTS. (c) REQUESTS.—Liquidation or reliquidation States person under the rules of subpart E of ‘‘(a) NOTICE OF CERTAIN EVENTS.— may be made under subsection (b) with respect part I of subchapter J of chapter 1 shall be de- ‘‘(1) GENERAL RULE.—On or before the 90th to an entry only if a request therefor is filed day (or such later day as the Secretary may pre- termined by the Secretary. with the Customs Service, within 180 days after scribe) after any reportable event, the respon- ‘‘(B) UNITED STATES AGENT REQUIRED.—The the date of the enactment of this Act, that con- sible party shall provide written notice of such rules of this paragraph shall apply to any for- tains sufficient information to enable the Cus- event to the Secretary in accordance with para- eign trust to which paragraph (1) applies unless toms Service— graph (2). such trust agrees (in such manner, subject to (1) to locate the entry; or ‘‘(2) CONTENTS OF NOTICE.—The notice re- such conditions, and at such time as the Sec- (2) to reconstruct the entry if it cannot be lo- quired by paragraph (1) shall contain such in- retary shall prescribe) to authorize a United cated. formation as the Secretary may prescribe, in- States person to act as such trust’s limited agent SEC. 304. CONFORMING AMENDMENTS. cluding— solely for purposes of applying sections 7602, (a) TRADE LAWS.— ‘‘(A) the amount of money or other property 7603, and 7604 with respect to— (1) Section 1211(b) of the Omnibus Trade and (if any) transferred to the trust in connection ‘‘(i) any request by the Secretary to examine Competitiveness Act of 1988 (19 U.S.C. 3011(b)) is with the reportable event, and records or produce testimony related to the amended— ‘‘(B) the identity of the trust and of each proper treatment of amounts required to be (A) in paragraph (1), by striking ‘‘(19 U.S.C. trustee and beneficiary (or class of beneficiaries) taken into account under the rules referred to in 2463(a), 2464(c)(3))’’ and inserting ‘‘(as in effect of the trust. subparagraph (A), or on July 31, 1995)’’; and ‘‘(3) REPORTABLE EVENT.—For purposes of ‘‘(ii) any summons by the Secretary for such (B) in paragraph (2), by striking ‘‘(19 U.S.C. this subsection— records or testimony. 2464(c)(1))’’ and inserting the following: ‘‘(as in ‘‘(A) IN GENERAL.—The term ‘reportable event’ The appearance of persons or production of effect on July 31, 1995)’’. means— records by reason of a United States person (2) Section 203(c)(7) of the Andean Trade Pref- ‘‘(i) the creation of any foreign trust by a being such an agent shall not subject such per- erence Act (19 U.S.C. 3202(c)(7)) is amended by United States person, sons or records to legal process for any purpose striking ‘‘502(a)(4)’’ and inserting ‘‘507(4)’’. ‘‘(ii) the transfer of any money or property other than determining the correct treatment (3) Section 212(b)(7) of the Caribbean Basin (directly or indirectly) to a foreign trust by a under this title of the amounts required to be Economic Recovery Act (19 U.S.C. 2702(b)(7)) is United States person, including a transfer by taken into account under the rules referred to in amended by striking ‘‘502(a)(4)’’ and inserting reason of death, and subparagraph (A). A foreign trust which ap- ‘‘507(4)’’. ‘‘(iii) the death of a citizen or resident of the points an agent described in this subparagraph (4) General note 3(a)(iv)(C) of the Harmonized United States if— shall not be considered to have an office or a ‘‘(I) the decedent was treated as the owner of Tariff Schedule of the United States is amended permanent establishment in the United States, any portion of a foreign trust under the rules of by striking ‘‘sections 503(b) and 504(c)’’ and in- or to be engaged in a trade or business in the subpart E of part I of subchapter J of chapter 1, serting ‘‘subsections (a), (c), and (d) of section United States, solely because of the activities of or 503’’. such agent pursuant to this subsection. ‘‘(II) any portion of a foreign trust was in- (5) Section 201(a)(2) of the North American ‘‘(C) OTHER RULES TO APPLY.—Rules similar cluded in the gross estate of the decedent. Free Trade Agreement Implementation Act (19 to the rules of paragraphs (2) and (4) of section ‘‘(B) EXCEPTIONS.— U.S.C. 3331(a)(2)) is amended by striking 6038A(e) shall apply for purposes of this para- ‘‘(i) FAIR MARKET VALUE SALES.—Subpara- ‘‘502(a)(2) of the Trade Act of 1974 (19 U.S.C. graph (A)(ii) shall not apply to any transfer of graph. 2462(a)(2))’’ and inserting ‘‘502(f)(2) of the property to a trust in exchange for consider- ‘‘(c) REPORTING BY UNITED STATES BENE- Trade Act of 1974’’. ation of at least the fair market value of the FICIARIES OF FOREIGN TRUSTS.— (6) Section 131 of the Uruguay Round Agree- transferred property. For purposes of the pre- ‘‘(1) IN GENERAL.—If any United States person ments Act (19 U.S.C. 3551) is amended in sub- ceding sentence, consideration other than cash receives (directly or indirectly) during any tax- sections (a) and (b)(1) by striking ‘‘502(a)(4)’’ shall be taken into account at its fair market able year of such person any distribution from and inserting ‘‘507(4)’’. value and the rules of section 679(a)(3) shall a foreign trust, such person shall make a return (b) OTHER LAWS.— apply. with respect to such trust for such year which (1) Section 871(f)(2)(B) of the Internal Reve- ‘‘(ii) DEFERRED COMPENSATION AND CHARI- includes— nue Code of 1986 is amended by striking ‘‘within TABLE TRUSTS.—Subparagraph (A) shall not ‘‘(A) the name of such trust, the meaning of section 502’’ and inserting apply with respect to a trust which is— ‘‘(B) the aggregate amount of the distribu- ‘‘under title V’’. ‘‘(I) described in section 402(b), 404(a)(4), or tions so received from such trust during such (2) Section 2202(8) of the Export Enhancement 404A, or taxable year, and Act of 1988 (15 U.S.C. 4711(8)) is amended by ‘‘(II) determined by the Secretary to be de- ‘‘(C) such other information as the Secretary striking ‘‘502(a)(4)’’ and inserting ‘‘507(4)’’. scribed in section 501(c)(3). may prescribe. (3) Section 231A(a) of the Foreign Assistance ‘‘(4) RESPONSIBLE PARTY.—For purposes of ‘‘(2) INCLUSION IN INCOME IF RECORDS NOT Act of 1961 (22 U.S.C. 2191a(a)) is amended— this subsection, the term ‘responsible party’ PROVIDED.— (A) in paragraph (1) by striking ‘‘502(a)(4) of means— ‘‘(A) IN GENERAL.—If adequate records are not the Trade Act of 1974 (19 U.S.C. 2462(a)(4))’’ and ‘‘(A) the grantor in the case of the creation of provided to the Secretary to determine the prop- inserting ‘‘507(4) of the Trade Act of 1974’’; an inter vivos trust, er treatment of any distribution from a foreign (B) in paragraph (2) by striking ‘‘505(c) of the ‘‘(B) the transferor in the case of a reportable trust, such distribution shall be treated as an Trade Act of 1974 (19 U.S.C. 2465(c))’’ and in- event described in paragraph (3)(A)(ii) other accumulation distribution includible in the gross serting ‘‘504 of the Trade Act of 1974’’; and than a transfer by reason of death, and income of the distributee under chapter 1. To S11602 CONGRESSIONAL RECORD — SENATE September 27, 1996

the extent provided in regulations, the preceding ‘‘(d) REASONABLE CAUSE EXCEPTION.—No pen- beneficiaries) is amended by adding at the end sentence shall not apply if the foreign trust alty shall be imposed by this section on any fail- the following new paragraph: elects to be subject to rules similar to the rules ure which is shown to be due to reasonable ‘‘(3) CERTAIN OBLIGATIONS NOT TAKEN INTO of subsection (b)(2)(B). cause and not due to willful neglect. The fact ACCOUNT UNDER FAIR MARKET VALUE EXCEP- ‘‘(B) APPLICATION OF ACCUMULATION DIS- that a foreign jurisdiction would impose a civil TION.— TRIBUTION RULES.—For purposes of applying or criminal penalty on the taxpayer (or any ‘‘(A) IN GENERAL.—In determining whether section 668 in a case to which subparagraph (A) other person) for disclosing the required infor- paragraph (2)(B) applies to any transfer by a applies, the applicable number of years for pur- mation is not reasonable cause. person described in clause (ii) or (iii) of sub- poses of section 668(a) shall be 1⁄2 of the number ‘‘(e) DEFICIENCY PROCEDURES NOT TO paragraph (C), there shall not be taken into ac- of years the trust has been in existence. APPLY.—Subchapter B of chapter 63 (relating to count— ‘‘(d) SPECIAL RULES.— deficiency procedures for income, estate, gift, ‘‘(i) except as provided in regulations, any ob- ‘‘(1) DETERMINATION OF WHETHER UNITED and certain excise taxes) shall not apply in re- ligation of a person described in subparagraph STATES PERSON MAKES TRANSFER OR RECEIVES spect of the assessment or collection of any pen- (C), and ‘‘(ii) to the extent provided in regulations, any DISTRIBUTION.—For purposes of this section, in alty imposed by subsection (a).’’. obligation which is guaranteed by a person de- determining whether a United States person (c) CONFORMING AMENDMENTS.— makes a transfer to, or receives a distribution (1) Paragraph (2) of section 6724(d) is amend- scribed in subparagraph (C). ‘‘(B) TREATMENT OF PRINCIPAL PAYMENTS ON from, a foreign trust, the fact that a portion of ed by striking ‘‘or’’ at the end of subparagraph OBLIGATION.—Principal payments by the trust such trust is treated as owned by another per- (S), by striking the period at the end of subpara- on any obligation referred to in subparagraph son under the rules of subpart E of part I of graph (T) and inserting ‘‘, or’’, and by inserting (A) shall be taken into account on and after the subchapter J of chapter 1 shall be disregarded. after subparagraph (T) the following new sub- date of the payment in determining the portion ‘‘(2) DOMESTIC TRUSTS WITH FOREIGN ACTIVI- paragraph: of the trust attributable to the property trans- TIES.—To the extent provided in regulations, a ‘‘(U) section 6048(b)(1)(B) (relating to foreign ferred. trust which is a United States person shall be trust reporting requirements).’’. ‘‘(C) PERSONS DESCRIBED.—The persons de- treated as a foreign trust for purposes of this (2) The table of sections for subpart B of part scribed in this subparagraph are— section and section 6677 if such trust has sub- III of subchapter A of chapter 61 is amended by ‘‘(i) the trust, stantial activities, or holds substantial property, striking the item relating to section 6048 and in- ‘‘(ii) any grantor or beneficiary of the trust, outside the United States. serting the following new item: and ‘‘(3) TIME AND MANNER OF FILING INFORMA- ‘‘Sec. 6048. Information with respect to certain ‘‘(iii) any person who is related (within the TION.—Any notice or return required under this foreign trusts.’’. meaning of section 643(i)(2)(B)) to any grantor section shall be made at such time and in such or beneficiary of the trust.’’. (3) The table of sections for part I of sub- manner as the Secretary shall prescribe. (b) EXEMPTION OF TRANSFERS TO CHARITABLE chapter B of chapter 68 is amended by striking ‘‘(4) MODIFICATION OF RETURN REQUIRE- TRUSTS.—Subsection (a) of section 679 is amend- the item relating to section 6677 and inserting MENTS.—The Secretary is authorized to suspend ed by striking ‘‘section 404(a)(4) or 404A’’ and or modify any requirement of this section if the the following new item: inserting ‘‘section 6048(a)(3)(B)(ii)’’. Secretary determines that the United States has ‘‘Sec. 6677. Failure to file information with re- (c) OTHER MODIFICATIONS.—Subsection (a) of no significant tax interest in obtaining the re- spect to certain foreign trusts.’’. section 679 is amended by adding at the end the quired information.’’. (d) EFFECTIVE DATES.— following new paragraphs: (b) INCREASED PENALTIES.—Section 6677 (re- (1) REPORTABLE EVENTS.—To the extent relat- ‘‘(4) SPECIAL RULES APPLICABLE TO FOREIGN lating to failure to file information returns with ed to subsection (a) of section 6048 of the Inter- GRANTOR WHO LATER BECOMES A UNITED STATES respect to certain foreign trusts) is amended to nal Revenue Code of 1986, as amended by this PERSON.— ‘‘(A) IN GENERAL.—If a nonresident alien indi- read as follows: section, the amendments made by this section vidual has a residency starting date within 5 ‘‘SEC. 6677. FAILURE TO FILE INFORMATION WITH shall apply to reportable events (as defined in years after directly or indirectly transferring RESPECT TO CERTAIN FOREIGN such section 6048) occurring after the date of the property to a foreign trust, this section and sec- TRUSTS. enactment of this Act. tion 6048 shall be applied as if such individual ‘‘(a) CIVIL PENALTY.—In addition to any (2) GRANTOR TRUST REPORTING.—To the extent transferred to such trust on the residency start- criminal penalty provided by law, if any notice related to subsection (b) of such section 6048, the ing date an amount equal to the portion of such or return required to be filed by section 6048— amendments made by this section shall apply to trust attributable to the property transferred by ‘‘(1) is not filed on or before the time provided taxable years of United States persons beginning such individual to such trust in such transfer. in such section, or after December 31, 1995. ‘‘(2) does not include all the information re- ‘‘(B) TREATMENT OF UNDISTRIBUTED INCOME.— (3) REPORTING BY UNITED STATES BENE- For purposes of this section, undistributed net quired pursuant to such section or includes in- FICIARIES.—To the extent related to subsection correct information, income for periods before such individual’s resi- (c) of such section 6048, the amendments made dency starting date shall be taken into account the person required to file such notice or return by this section shall apply to distributions re- in determining the portion of the trust which is shall pay a penalty equal to 35 percent of the ceived after the date of the enactment of this attributable to property transferred by such in- gross reportable amount. If any failure de- Act. dividual to such trust but shall not otherwise be scribed in the preceding sentence continues for SEC. 402. COMPARABLE PENALTIES FOR FAILURE taken into account. more than 90 days after the day on which the TO FILE RETURN RELATING TO ‘‘(C) RESIDENCY STARTING DATE.—For pur- Secretary mails notice of such failure to the per- TRANSFERS TO FOREIGN ENTITIES. poses of this paragraph, an individual’s resi- son required to pay such penalty, such person (a) IN GENERAL.—Section 1494 is amended by dency starting date is the residency starting shall pay a penalty (in addition to the amount adding at the end the following new subsection: date determined under section 7701(b)(2)(A). determined under the preceding sentence) of ‘‘(c) PENALTY.—In the case of any failure to ‘‘(5) OUTBOUND TRUST MIGRATIONS.—If— $10,000 for each 30-day period (or fraction there- file a return required by the Secretary with re- ‘‘(A) an individual who is a citizen or resident of) during which such failure continues after spect to any transfer described in section 1491, of the United States transferred property to a the expiration of such 90-day period. In no the person required to file such return shall be trust which was not a foreign trust, and event shall the penalty under this subsection liable for the penalties provided in section 6677 ‘‘(B) such trust becomes a foreign trust while with respect to any failure exceed the gross re- in the same manner as if such failure were a such individual is alive, portable amount. failure to file a notice under section 6048(a).’’. then this section and section 6048 shall be ap- ‘‘(b) SPECIAL RULES FOR RETURNS UNDER SEC- (b) EFFECTIVE DATE.—The amendment made plied as if such individual transferred to such TION 6048(b).—In the case of a return required by subsection (a) shall apply to transfers after trust on the date such trust becomes a foreign under section 6048(b)— the date of the enactment of this Act. trust an amount equal to the portion of such ‘‘(1) the United States person referred to in SEC. 403. MODIFICATIONS OF RULES RELATING trust attributable to the property previously such section shall be liable for the penalty im- TO FOREIGN TRUSTS HAVING ONE transferred by such individual to such trust. A posed by subsection (a), and OR MORE UNITED STATES BENE- rule similar to the rule of paragraph (4)(B) shall ‘‘(2) subsection (a) shall be applied by sub- FICIARIES. apply for purposes of this paragraph.’’. stituting ‘5 percent’ for ‘35 percent’. (a) TREATMENT OF TRUST OBLIGATIONS, (d) MODIFICATIONS RELATING TO WHETHER ‘‘(c) GROSS REPORTABLE AMOUNT.—For pur- ETC.— TRUST HAS UNITED STATES BENEFICIARIES.— poses of subsection (a), the term ‘gross report- (1) Paragraph (2) of section 679(a) is amended Subsection (c) of section 679 is amended by add- able amount’ means— by striking subparagraph (B) and inserting the ing at the end the following new paragraph: ‘‘(1) the gross value of the property involved following: ‘‘(3) CERTAIN UNITED STATES BENEFICIARIES in the event (determined as of the date of the ‘‘(B) TRANSFERS AT FAIR MARKET VALUE.—To DISREGARDED.—A beneficiary shall not be treat- event) in the case of a failure relating to section any transfer of property to a trust in exchange ed as a United States person in applying this 6048(a), for consideration of at least the fair market section with respect to any transfer of property ‘‘(2) the gross value of the portion of the value of the transferred property. For purposes to foreign trust if such beneficiary first became trust’s assets at the close of the year treated as of the preceding sentence, consideration other a United States person more than 5 years after owned by the United States person in the case than cash shall be taken into account at its fair the date of such transfer.’’. of a failure relating to section 6048(b)(1), and market value.’’. (e) TECHNICAL AMENDMENT.—Subparagraph ‘‘(3) the gross amount of the distributions in (2) Subsection (a) of section 679 (relating to (A) of section 679(c)(2) is amended to read as fol- the case of a failure relating to section 6048(c). foreign trusts having one or more United States lows: September 27, 1996 CONGRESSIONAL RECORD — SENATE S11603 ‘‘(A) in the case of a foreign corporation, such paragraph (1) shall not apply in appropriate time and in such manner as the Secretary shall corporation is a controlled foreign corporation cases.’’. prescribe) such information as the Secretary (as defined in section 957(a)),’’. (2) The last sentence of subsection (c) of sec- may prescribe regarding each foreign gift re- (f) REGULATIONS.—Section 679 is amended by tion 672 of such Code is amended by inserting ceived during such year. adding at the end the following new subsection: ‘‘subsection (f) and’’ before ‘‘sections 674’’. ‘‘(b) FOREIGN GIFT.—For purposes of this sec- ‘‘(d) REGULATIONS.—The Secretary shall pre- (b) CREDIT FOR CERTAIN TAXES.— tion, the term ‘foreign gift’ means any amount scribe such regulations as may be necessary or (1) Paragraph (2) of section 665(d) is amended received from a person other than a United appropriate to carry out the purposes of this by adding at the end the following new sen- States person which the recipient treats as a gift section.’’. tence: ‘‘Under rules or regulations prescribed by or bequest. Such term shall not include any (g) EFFECTIVE DATE.—The amendments made the Secretary, in the case of any foreign trust of qualified transfer (within the meaning of section by this section shall apply to transfers of prop- which the settlor or another person would be 2503(e)(2)) or any distribution properly disclosed erty after February 6, 1995. treated as owner of any portion of the trust in a return under section 6048(c). SEC. 404. FOREIGN PERSONS NOT TO BE TREAT- under subpart E but for section 672(f), the term ‘‘(c) PENALTY FOR FAILURE TO FILE INFORMA- ED AS OWNERS UNDER GRANTOR ‘taxes imposed on the trust’ includes the alloca- TION.— TRUST RULES. ble amount of any income, war profits, and ex- ‘‘(1) IN GENERAL.—If a United States person (a) GENERAL RULE.— cess profits taxes imposed by any foreign coun- fails to furnish the information required by sub- (1) Subsection (f) of section 672 (relating to try or possession of the United States on the set- section (a) with respect to any foreign gift with- special rule where grantor is foreign person) is tlor or such other person in respect of trust in- in the time prescribed therefor (including exten- amended to read as follows: come.’’. sions)— ‘‘(f) SUBPART NOT TO RESULT IN FOREIGN (2) Paragraph (5) of section 901(b) is amended ‘‘(A) the tax consequences of the receipt of OWNERSHIP.— by adding at the end the following new sen- such gift shall be determined by the Secretary, ‘‘(1) IN GENERAL.—Notwithstanding any other tence: ‘‘Under rules or regulations prescribed by and provision of this subpart, this subpart shall the Secretary, in the case of any foreign trust of ‘‘(B) such United States person shall pay apply only to the extent such application results which the settlor or another person would be (upon notice and demand by the Secretary and in an amount (if any) being currently taken treated as owner of any portion of the trust in the same manner as tax) an amount equal to into account (directly or through 1 or more enti- under subpart E but for section 672(f), the allo- 5 percent of the amount of such foreign gift for ties) under this chapter in computing the income cable amount of any income, war profits, and each month for which the failure continues (not of a citizen or resident of the United States or excess profits taxes imposed by any foreign to exceed 25 percent of such amount in the ag- a domestic corporation. country or possession of the United States on gregate). ‘‘(2) EXCEPTIONS.— the settlor or such other person in respect of ‘‘(2) REASONABLE CAUSE EXCEPTION.—Para- ‘‘(A) CERTAIN REVOCABLE AND IRREVOCABLE trust income.’’. graph (1) shall not apply to any failure to re- TRUSTS.—Paragraph (1) shall not apply to any (c) DISTRIBUTIONS BY CERTAIN FOREIGN port a foreign gift if the United States person portion of a trust if— TRUSTS THROUGH NOMINEES.— shows that the failure is due to reasonable ‘‘(i) the power to revest absolutely in the (1) Section 643 is amended by adding at the cause and not due to willful neglect. grantor title to the trust property to which such end the following new subsection: ‘‘(d) COST-OF-LIVING ADJUSTMENT.—In the portion is attributable is exercisable solely by ‘‘(h) DISTRIBUTIONS BY CERTAIN FOREIGN case of any taxable year beginning after Decem- the grantor without the approval or consent of TRUSTS THROUGH NOMINEES.—For purposes of ber 31, 1996, the $10,000 amount under sub- any other person or with the consent of a relat- this part, any amount paid to a United States section (a) shall be increased by an amount ed or subordinate party who is subservient to person which is derived directly or indirectly equal to the product of such amount and the the grantor, or from a foreign trust of which the payor is not cost-of-living adjustment for such taxable year ‘‘(ii) the only amounts distributable from such the grantor shall be deemed in the year of pay- under section 1(f)(3), except that subparagraph portion (whether income or corpus) during the ment to have been directly paid by the foreign (B) thereof shall be applied by substituting lifetime of the grantor are amounts distributable trust to such United States person.’’. ‘1995’ for ‘1992’. to the grantor or the spouse of the grantor. (2) Section 665 is amended by striking sub- ‘‘(e) REGULATIONS.—The Secretary shall pre- ‘‘(B) COMPENSATORY TRUSTS.—Except as pro- section (c). scribe such regulations as may be necessary or vided in regulations, paragraph (1) shall not (d) EFFECTIVE DATE.— appropriate to carry out the purposes of this apply to any portion of a trust distributions (1) IN GENERAL.—Except as provided by para- section.’’. from which are taxable as compensation for graph (2), the amendments made by this section (b) CLERICAL AMENDMENT.—The table of sec- services rendered. shall take effect on the date of the enactment of tions for such subpart is amended by inserting ‘‘(3) SPECIAL RULES.—Except as otherwise pro- this Act. after the item relating to section 6039E the fol- vided in regulations prescribed by the Sec- (2) EXCEPTION FOR CERTAIN TRUSTS.—The lowing new item: retary— amendments made by this section shall not ‘‘(A) a controlled foreign corporation (as de- apply to any trust— fined in section 957) shall be treated as a domes- ‘‘Sec. 6039F. Notice of large gifts received from (A) which is treated as owned by the grantor foreign persons.’’. tic corporation for purposes of paragraph (1), under section 676 or 677 (other than subsection (c) EFFECTIVE DATE.—The amendments made and (a)(3) thereof) of the Internal Revenue Code of ‘‘(B) paragraph (1) shall not apply for pur- by this section shall apply to amounts received 1986, and poses of applying section 1296. after the date of the enactment of this Act in (B) which is in existence on September 19, ‘‘(4) RECHARACTERIZATION OF PURPORTED taxable years ending after such date. 1995. GIFTS.—In the case of any transfer directly or SEC. 406. MODIFICATION OF RULES RELATING TO indirectly from a partnership or foreign corpora- The preceding sentence shall not apply to the FOREIGN TRUSTS WHICH ARE NOT tion which the transferee treats as a gift or be- portion of any such trust attributable to any GRANTOR TRUSTS. quest, the Secretary may recharacterize such transfer to such trust after September 19, 1995. (a) MODIFICATION OF INTEREST CHARGE ON transfer in such circumstances as the Secretary (e) TRANSITIONAL RULE.—If— ACCUMULATION DISTRIBUTIONS.—Subsection (a) determines to be appropriate to prevent the (1) by reason of the amendments made by this of section 668 (relating to interest charge on ac- avoidance of the purposes of this subsection. section, any person other than a United States cumulation distributions from foreign trusts) is ‘‘(5) SPECIAL RULE WHERE GRANTOR IS FOREIGN person ceases to be treated as the owner of a amended to read as follows: PERSON.—If— portion of a domestic trust, and ‘‘(a) GENERAL RULE.—For purposes of the tax ‘‘(A) but for this subsection, a foreign person (2) before January 1, 1997, such trust becomes determined under section 667(a)— would be treated as the owner of any portion of a foreign trust, or the assets of such trust are ‘‘(1) INTEREST DETERMINED USING UNDERPAY- a trust, and transferred to a foreign trust, MENT RATES.—The interest charge determined ‘‘(B) such trust has a beneficiary who is a no tax shall be imposed by section 1491 of the under this section with respect to any distribu- United States person, Internal Revenue Code of 1986 by reason of such tion is the amount of interest which would be such beneficiary shall be treated as the grantor trust becoming a foreign trust or the assets of determined on the partial tax computed under of such portion to the extent such beneficiary or such trust being transferred to a foreign trust. section 667(b) for the period described in para- any member of such beneficiary’s family (within SEC. 405. INFORMATION REPORTING REGARDING graph (2) using the rates and the method under the meaning of section 267(c)(4)) has made (di- FOREIGN GIFTS. section 6621 applicable to underpayments of tax. rectly or indirectly) transfers of property (other (a) IN GENERAL.—Subpart A of part III of sub- ‘‘(2) PERIOD.—For purposes of paragraph (1), than in a sale for full and adequate consider- chapter A of chapter 61 is amended by inserting the period described in this paragraph is the pe- ation) to such foreign person. For purposes of after section 6039E the following new section: riod which begins on the date which is the ap- the preceding sentence, any gift shall not be ‘‘SEC. 6039F. NOTICE OF LARGE GIFTS RECEIVED plicable number of years before the date of the taken into account to the extent such gift would FROM FOREIGN PERSONS. distribution and which ends on the date of the be excluded from taxable gifts under section ‘‘(a) IN GENERAL.—If the value of the aggre- distribution. 2503(b). gate foreign gifts received by a United States ‘‘(3) APPLICABLE NUMBER OF YEARS.—For pur- ‘‘(6) REGULATIONS.—The Secretary shall pre- person (other than an organization described in poses of paragraph (2)— scribe such regulations as may be necessary or section 501(c) and exempt from tax under section ‘‘(A) IN GENERAL.—The applicable number of appropriate to carry out the purposes of this 501(a)) during any taxable year exceeds $10,000, years with respect to a distribution is the num- subsection, including regulations providing that such United States person shall furnish (at such ber determined by dividing— S11604 CONGRESSIONAL RECORD — SENATE September 27, 1996

‘‘(i) the sum of the products described in sub- ‘‘(D) TRUST NOT TREATED AS SIMPLE TRUST.— ‘‘(1) IN GENERAL.—A taxpayer who, with re- paragraph (B) with respect to each undistrib- Any trust which is treated under this subsection spect to any tax imposed by this title, takes the uted income year, by as making a distribution shall be treated as not position that any of its gross income derived ‘‘(ii) the aggregate undistributed net income. described in section 651. from the international operation of a ship or The quotient determined under the preceding ‘‘(3) SUBSEQUENT TRANSACTIONS REGARDING ships is not includible in gross income by reason sentence shall be rounded under procedures pre- LOAN PRINCIPAL.—If any loan is taken into ac- of subsection (a)(1) or section 872(b)(1) (or by scribed by the Secretary. count under paragraph (1), any subsequent reason of any applicable treaty) shall be entitled ‘‘(B) PRODUCT DESCRIBED.—For purposes of transaction between the trust and the original to such treatment only if such position is dis- subparagraph (A), the product described in this borrower regarding the principal of the loan (by closed (in such manner as the Secretary may subparagraph with respect to any undistributed way of complete or partial repayment, satisfac- prescribe) on the return of tax for such tax (or income year is the product of— tion, cancellation, discharge, or otherwise) shall any statement attached to such return). ‘‘(i) the undistributed net income for such be disregarded for purposes of this title.’’. ‘‘(2) ADDITIONAL PENALTIES FOR FAILING TO year, and (2) TECHNICAL AMENDMENT.—Paragraph (8) of DISCLOSE POSITION.—If a taxpayer fails to meet ‘‘(ii) the sum of the number of taxable years section 7872(f) is amended by inserting ‘‘, the requirement of paragraph (1) with respect to between such year and the taxable year of the 643(i),’’ before ‘‘or 1274’’ each place it appears. any taxable year— distribution (counting in each case the undis- (d) EFFECTIVE DATES.— ‘‘(A) the amount of the income from the inter- tributed income year but not counting the tax- (1) INTEREST CHARGE.—The amendment made national operation of a ship or ships— able year of the distribution). by subsection (a) shall apply to distributions ‘‘(i) which is from sources without the United ‘‘(4) UNDISTRIBUTED INCOME YEAR.—For pur- after the date of the enactment of this Act. States, and poses of this subsection, the term ‘undistributed (2) ABUSIVE TRANSACTIONS.—The amendment ‘‘(ii) which is attributable to a fixed place of income year’ means any prior taxable year of made by subsection (b) shall take effect on the business in the United States, the trust for which there is undistributed net in- date of the enactment of this Act. shall be treated for purposes of this title as ef- come, other than a taxable year during all of (3) LOANS FROM TRUSTS.—The amendment fectively connected with the conduct of a trade which the beneficiary receiving the distribution made by subsection (c) shall apply to loans of or business within the United States, and was not a citizen or resident of the United cash or marketable securities made after Septem- ‘‘(B) no deductions or credits shall be allowed States. ber 19, 1995. which are attributable to income from the inter- ‘‘(5) DETERMINATION OF UNDISTRIBUTED NET SEC. 407. RESIDENCE OF TRUSTS, ETC. national operation of a ship or ships. ‘‘(3) REASONABLE CAUSE EXCEPTION.—This INCOME.—Notwithstanding section 666, for pur- (a) TREATMENT AS UNITED STATES PERSON.— subsection shall not apply to a failure to dis- poses of this subsection, an accumulation dis- (1) IN GENERAL.—Paragraph (30) of section tribution from the trust shall be treated as re- 7701(a) is amended by striking ‘‘and’’ at the end close a position if it is shown that such failure ducing proportionately the undistributed net in- of subparagraph (C) and by striking subpara- is due to reasonable cause and not due to willful come for undistributed income years. graph (D) and by inserting the following new neglect.’’ ‘‘(6) PERIODS BEFORE 1996.—Interest for the (b) CONFORMING AMENDMENTS.— subparagraphs: (1) Paragraph (1) of section 872(b) is amended portion of the period described in paragraph (2) ‘‘(D) any estate (other than a foreign estate, by striking ‘‘Gross income’’ and inserting ‘‘Ex- which occurs before January 1, 1996, shall be de- within the meaning of paragraph (31)), and cept as provided in section 883(d), gross in- termined— ‘‘(E) any trust if— ‘‘(A) by using an interest rate of 6 percent, ‘‘(i) a court within the United States is able to come’’. (2) Paragraph (1) of section 883(a) is amended and exercise primary supervision over the adminis- by striking ‘‘Gross income’’ and inserting ‘‘Ex- ‘‘(B) without compounding until January 1, tration of the trust, and cept as provided in subsection (d), gross in- 1996.’’. ‘‘(ii) one or more United States fiduciaries come’’. (b) ABUSIVE TRANSACTIONS.—Section 643(a) is have the authority to control all substantial de- amended by inserting after paragraph (6) the (c) EFFECTIVE DATE.— cisions of the trust.’’. (1) IN GENERAL.—The amendments made by following new paragraph: (2) CONFORMING AMENDMENT.—Paragraph (31) ‘‘(7) ABUSIVE TRANSACTIONS.—The Secretary this section shall apply to taxable years begin- of section 7701(a) is amended to read as follows: ning after the later of— shall prescribe such regulations as may be nec- ‘‘(31) FOREIGN ESTATE OR TRUST.— essary or appropriate to carry out the purposes (A) December 31, 1996, or ‘‘(A) FOREIGN ESTATE.—The term ‘foreign es- (B) the date that the Shipbuilding Agreement of this part, including regulations to prevent tate’ means an estate the income of which, from avoidance of such purposes.’’. enters into force with respect to the United sources without the United States which is not States. (c) TREATMENT OF LOANS FROM TRUSTS.— effectively connected with the conduct of a (1) IN GENERAL.—Section 643 (relating to defi- (2) COORDINATION WITH TREATIES.—The trade or business within the United States, is amendments made by this section shall not nitions applicable to subparts A, B, C, and D) is not includible in gross income under subtitle A. amended by adding at the end the following apply in any case where their application would ‘‘(B) FOREIGN TRUST.—The term ‘foreign trust’ be contrary to any treaty obligation of the Unit- new subsection: means any trust other than a trust described in ‘‘(i) LOANS FROM FOREIGN TRUSTS.—For pur- ed States. subparagraph (E) of paragraph (30).’’. poses of subparts B, C, and D— (d) INFORMATION TO BE PROVIDED BY CUS- (3) EFFECTIVE DATE.—The amendments made ‘‘(1) GENERAL RULE.—Except as provided in TOMS SERVICE.—The United States Custom Serv- by this subsection shall apply— regulations, if a foreign trust makes a loan of ice shall provide the Secretary of the Treasury (A) to taxable years beginning after December cash or marketable securities directly or indi- or his delegate with such information as may be 31, 1996, or specified by such Secretary in order to enable rectly to— (B) at the election of the trustee of a trust, to ‘‘(A) any grantor or beneficiary of such trust such Secretary to determine whether ships taxable years ending after the date of the enact- who is a United States person, or which are not registered in the United States ‘‘(B) any United States person not described ment of this Act. are engaged in transportation to or from the Such an election, once made, shall be irrev- in subparagraph (A) who is related to such United States. ocable. grantor or beneficiary, OMESTIC TRUSTS WHICH BECOME FOREIGN Mr. NICKLES. Mr. President, I ask the amount of such loan shall be treated as a (b) D TRUSTS.— unanimous consent the committee distribution by such trust to such grantor or (1) IN GENERAL.—Section 1491 (relating to im- amendment be considered not agreed beneficiary (as the case may be). position of tax on transfers to avoid income tax) ‘‘(2) DEFINITIONS AND SPECIAL RULES.—For to; the bill be deemed read a third purposes of this subsection— is amended by adding at the end the following time, passed, the motion to reconsider ‘‘(A) CASH.—The term ‘cash’ includes foreign new flush sentence: be laid upon the table, the amendment currencies and cash equivalents. ‘‘If a trust which is not a foreign trust becomes to the title be considered tabled, and a foreign trust, such trust shall be treated for ‘‘(B) RELATED PERSON.— any statements relating to the bill be ‘‘(i) IN GENERAL.—A person is related to an- purposes of this section as having transferred, other person if the relationship between such immediately before becoming a foreign trust, all placed at the appropriate place in the persons would result in a disallowance of losses of its assets to a foreign trust.’’. RECORD. under section 267 or 707(b). In applying section (2) EFFECTIVE DATE.—The amendment made The PRESIDING OFFICER. Without 267 for purposes of the preceding sentence, sec- by this subsection shall take effect on the date objection, it is so ordered. tion 267(c)(4) shall be applied as if the family of of the enactment of this Act. The committee amendment was re- an individual includes the spouses of the mem- Subtitle B—International Shipping Income jected. bers of the family. Disclosure The bill (H.R. 3074) was deemed read ‘‘(ii) ALLOCATION.—If any person described in SEC. 411. PENALTIES FOR FAILURE TO DISCLOSE for a third time, and passed. paragraph (1)(B) is related to more than one POSITION THAT CERTAIN INTER- f person, the grantor or beneficiary to whom the NATIONAL SHIPPING INCOME IS NOT treatment under this subsection applies shall be INCLUDIBLE IN GROSS INCOME. MEASURE READ THE FIRST determined under regulations prescribed by the (a) IN GENERAL.—Section 883 is amended by TIME—H.R. 3452 Secretary. adding at the end the following new subsection: ‘‘(C) EXCLUSION OF TAX-EXEMPTS.—The term ‘‘(d) PENALTIES FOR FAILURE TO DISCLOSE PO- Mr. NICKLES. Mr. President, I un- ‘United States person’ does not include any en- SITION THAT CERTAIN INTERNATIONAL SHIPPING derstand H.R. 3452 has arrived from the tity exempt from tax under this chapter. INCOME IS NOT INCLUDIBLE IN GROSS INCOME.— House. I ask for its first reading. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11605 The PRESIDING OFFICER. The ‘‘(2) makes any materially false, fictitious, or false statement made to Congress or clerk will read the bill for the first fraudulent statement or representation; or any component of Congress, including time. ‘‘(3) makes or uses any false writing or docu- individual members and their offices. ment knowing the same to contain any materi- The coverage provided by the House The legislative clerk read as follows: ally false fictitious or fraudulent statement or A bill (H.R. 3452) to make certain laws ap- entry; bill was much narrower in scope. The plicable to the Executive Office of the Presi- shall be fined under this title or imprisoned nor trick was to reconcile the two ap- dent, and for other purposes. more than 5 years, or both. proaches. Through detailed negotia- Mr. NICKLES. I now ask for its sec- ‘‘(b) Subsection (a) does not apply to a party tions and the good faith of all con- ond reading and would object to my to a judicial proceeding, or that party’s counsel, cerned, we have been able to produce own request on behalf of the other side for statements, representations, writings or doc- this compromise legislation, which re- uments submitted by such party or counsel to a stores the applicability of section 1001 of the aisle. judge or magistrate in that proceeding. The PRESIDING OFFICER. The bill of title 18 of the United States Code to ‘‘(c) With respect to any matter within the ju- the areas in which Congress most needs will remain at the desk pending its sec- risdiction of the legislative branch, subsection ond reading on the next legislative day. (a) shall apply only to— it. First, the compromise covers false f ‘‘(1) administrative matters, including a claim for payment, a matter related to the procure- statements made in all administrative PROVIDING FOR THE SAFETY OF ment of property or services, personnel or em- matters. This includes claims for pay- JOURNEYMEN BOXERS ployment practices, or support services, or a ment, vouchers, and contracting pro- document required by law, rule, or regulation to posals. The provision also covers all Mr. NICKLES. Mr. President, I ask be submitted to the Congress or any office or of- employment related matters, such as unanimous consent the Senate imme- ficer within the legislative branch; or submitting a phony resume or making diately proceed to consideration of ‘‘(2) any investigation or review, conducted false claims before the Office of Com- H.R. 4167, which is at the desk. pursuant to the authority of any committee, subcommittee, commission or office of the Con- pliance or Office of Fair Employment The PRESIDING OFFICER. Without Practices. Also covered are all docu- objection, it is so ordered. The clerk gress, consistent with applicable rules of the House or Senate.’’. ments required by law, rule, or regula- will report. SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCT- tion to be submitted to Congress. This The legislative clerk read as follows: ING CONGRESS. crucial provision will cover all filings A bill (H.R. 4167) to provide for the safety Section 1515 of title 18, United States Code, is under the Ethics in Government Act of journeymen boxers, and for other pur- amended— and the Lobbying Disclosure Act and poses. (1) by redesignating subsection (b) as sub- section (c); and provides a real deterrent to false fil- Mr. NICKLES. Mr. President, I ask (2) by inserting after subsection (a) the follow- ings under these two laws, among oth- unanimous consent the bill be deemed ing new subsection: ers. For this reason alone, this bill is read a third time and passed, the mo- ‘‘(b) As used in section 1505, the term ‘cor- one of the most important congres- tion to reconsider be laid upon the ruptly’ means acting with an improper purpose, sional reforms we will have taken dur- table, and any statements relating to personally or by influencing another, including ing this Congress. the bill appear at this point in the making a false or misleading statement, or with- The compromise also applies the pro- holding, concealing, altering, or destroying a RECORD. document or other information.’’. hibition on false statements to an in- The PRESIDING OFFICER. Without SEC. 4. ENFORCING SENATE SUBPOENA. vestigation or review conducted by any objection, it is so ordered. Section 1365(a) of title 28, United States Code, committee, subcommittee, commis- The bill (H.R. 4167) was deemed read is amended in the second sentence, by striking sion, or office of the Congress. This for a third time, and passed. ‘‘Federal Government acting within his official provision will prohibit knowing and f capacity’’ and inserting ‘‘executive branch of willful material false statements to en- the Federal Government acting within his or her tities like the General Accounting Of- FALSE STATEMENTS official capacity, except that this section shall fice and the Congressional Budget Of- ACCOUNTABILITY ACT OF 1996 apply if the refusal to comply is based on the as- fice. False statements to the Capitol sertion of a personal privilege or objection and Mr. NICKLES. Mr. President, I ask Police will also be covered. is not based on a governmental privilege or ob- The greatest difficulty was in formu- the Chair lay before the Senate a mes- jection the assertion of which has been author- sage from the House of Representatives ized by the executive branch of the Federal Gov- lating the scope of the applicability of on (H.R. 3166) to amend title 18, United ernment’’. the false statement prohibition to com- States Code, with respect to the crime SEC. 5. COMPELLING TRUTHFUL TESTIMONY mittees and subcommittees of each of false statement in a Government FROM IMMUNIZED WITNESS. House of Congress. Only committee or matter. Section 6005 of title 18, United States Code, is subcommittee investigations or re- amended— views conducted pursuant to the au- The PRESIDING OFFICER laid be- (1) in subsection (a), by inserting ‘‘or ancil- fore the Senate the following message thority of the particular committee or lary to’’ after ‘‘any proceeding before’’; and subcommittee, meaning within its ju- from the House of Representatives: (2) in subsection (b)— risdiction, will receive the protection Resolved, That the House agree to the (A) in paragraphs (1) and (2), by inserting ‘‘or ancillary to’’ after ‘‘a proceeding before’’ each of section 1001, and then only so long as amendments of the Senate to the bill (H.R. the investigation or review is con- 3166) entitled ‘‘An Act to amend title 18, place that term appears; and (B) in paragraph (3), by adding a period at United States Code, with respect to the ducted in a manner consistent with the the end. crime of false statement in a Government rules of the House or Senate, as rel- matter’’, with the following House amend- Mr. SPECTER. Mr. President, I am evant. This provision will allow each ment to Senate amendments: pleased that the Senate is taking final House to determine for itself whether In lieu of the matter proposed to be in- action to enact the False Statements to limit the circumstances in which serted by the Senate amendment to the text Accountability Act of 1996, legislation committee or subcommittee investiga- of the bill, insert: to overturn the Supreme Court’s 1995 tions or reviews will be covered by sec- SECTION 1. SHORT TITLE. decision in Hubbard versus United tion 1001. We do not intend, however, This Act may be cited as the ‘‘False State- States and restore the prohibition on for the Senate to need to change its ments Accountability Act of 1996’’. making false statements to Congress. rules before false statements made to a SEC. 2. RESTORING FALSE STATEMENTS PROHI- The bill before us is in substance committee or subcommittee conduct- BITION. identical to the bill that passed the Section 1001 of title 18, United States Code, is ing a review of a policy within its juris- amended to read as follows: Senate on July 25, 1996, except in one diction be punishable under this act. respect. I do not want to reiterate all In having the bill cover any inves- ‘‘§ 1001. Statements or entries generally that I said at that time, so I will ad- tigation, we intend to cover formal in- ‘‘(a) Except as otherwise provided in this sec- dress at this time only the one sub- vestigations conducted pursuant to the tion, whoever, in any matter within the jurisdic- tion of the executive, legislative, or judicial stantive difference between the bill rules of particular committees of the branch of the Government of the United States, passed by the Senate and the current Senate, many of which have specific knowingly and willfully— compromise we will vote on today. rules covering investigations. Thus, an ‘‘(1) falsifies, conceals, or covers up by any As passed, the Senate bill provided investigation will be a more formal in- trick, scheme, or device a material fact; blanket application to prohibit any quiry into a particular matter within S11606 CONGRESSIONAL RECORD — SENATE September 27, 1996 the jurisdiction of a committee or sub- LUM of the House Subcommittee on when it comes to prohibitions on false committee. Included in the definition Crime, and his staff, Paul McNulty and statements. of investigation are ancillary proceed- Dan Bryant, for working so hard to I want to thank Senator SPECTER and ings, such as depositions, and formal reach agreement on this bill. his staff, Richard Hertling, for their steps employed by certain committees Mr. LEVIN. Mr. President, as a spon- dedication to this legislation. We have that are a necessary prelude to an in- sor of S. 1734, the Senate-passed ver- been able to solve problems that arose vestigation, such as a preliminary in- sion of this legislation, I am pleased to because of the truly bipartisan ap- quiry and initial review employed by join Senator SPECTER in urging passage proach we had to this bill. I also want the Select Committee on Ethics. of this bill. The House passed this bill, to thank Senator HATCH, chairman of The application of the bill to any re- which restores criminal penalties for the Judiciary Committee, for recogniz- view by a committee or subcommittee knowing, willful, material false state- ing the significance of this legislation is broader. Under Rule XXVI (8) of the ments made to a Federal court or Con- and acting promptly on it in commit- Standing Rules of the Senate, each gress, by rollcall vote without a single tee to get it to the Senate floor, and I committee ‘‘shall review * * * on a vote in opposition. I hope we can pass want to thank the Members in the continuing basis the application, ad- it here by unanimous consent. House, Congressmen MARTINI, MCCOL- ministration, and execution of those For 40 years, title 18 United States LUM and HYDE, without whose assist- laws, or parts of laws, the subject mat- Code, section 1001 has been a mainstay ance this bill wouldn’t be at this point. ter of which is within the legislative of our legal system, by criminalizing I also want to thank Morgan Frankel jurisdiction of that committee.’’ By intentional false statements to the and Mike Davidson. Morgan is cur- using review in this law, we intend to Federal Government. In 1955, the Su- rently Deputy Senate Legal Counsel cover all such review conducted by preme Court interpreted title 18 United and Mike recently left as Senate Legal committees and subcommittees of the States Code, section 1001 to prohibit Counsel. Their experience with the Senate. Often, we refer to such reviews knowing, willful, material false state- work of the Senate was valuable in as oversight. The sponsors of the bill, ments not only to the executive working through a number of technical who include the chairman and former branch, but also to the judicial and leg- issues. I particularly want to thank chairman of the Committee on Govern- islative branches. Last year the Su- Elise Bean of my staff who is as capa- mental Affairs, and the chairman and preme Court, in Hubbard versus United ble as they come and simply an excel- former chairman of the Permanent States, reversed this precedent and lent lawyer. Subcommittee on Investigations, held that Section 1001 prohibits false Mr. President, I urge my colleagues among others, intend that the term statements only to the executive to join Senator SPECTER, myself, and ‘‘review’’ be read broadly to cover all branch, and not to the judiciary or leg- our cosponsors in sending this bill to committee oversight and inquiries into islative branches. the President for his signature. the current operation of federal law The Supreme Court based its decision Mr. ROTH. Mr. President, I rise and policy, compliance with Federal on the wording of the statute which today to indicate my full support for law, or proposals to improve Federal doesn’t explicitly reference either the this bill, which returns to the Federal law, policy, or administration. In addi- courts or Congress. The Court noted in false statements statute, 18 U.S.C. tion, we intend to capture within the Hubbard that it had failed to find in § 1001, the simple but vital proposition meaning of review matters within com- the statute’s legislative history ‘‘any that lying to Congress is as unaccept- mittee jurisdiction that are not di- indication that Congress even consid- able as lying to any other part of the rectly legislative, such as confirmation ered whether, section 1001, might apply Government. proceedings. outside the Executive Branch.’’ This legislation has enormous prac- We chose to limit the act to commit- The obvious result of the Hubbard de- tical importance for the oversight and tees and subcommittees, and their cision has been to reduce parity among investigative work performed by the staff, because these are the entities the three branches. And the new inter- Senate. As the past chairman of the through which Congress conducts its branch distinctions are difficult to jus- Governmental Affairs Committee and inquiries and oversight; these are the tify, since there is no logical reason the current chairman of the Permanent entities that hold hearings; these are why the criminal status of a willful, Subcommittee on Investigations, I the entities that can issue and enforce material false statement should depend have chaired many oversight hearings legal process; these are the entities upon which branch of the Federal Gov- and conducted numerous investigations charged with developing legislation for ernment received it. that have probed the efficacy of Fed- consideration by each House of Con- Senator SPECTER and I each intro- eral Government programs and initia- gress. Thus, section 1001 will not apply duced bills last year to supply that tives. Oftentimes, the Committee and to statements made to individual mem- missing statutory reference. This year, Subcommittee’s work has uncovered bers not acting as part of a committee we joined forces, along with a number serious problems, sometimes of a or subcommittee investigation or re- of our colleagues, and introduced S. criminal dimension. In the best of cir- view. This restriction should alleviate 1734. It was passed by the Senate on cumstances, gathering facts that may any concern that constituents exercis- July 26 of this year with the support of not reflect well on an agency, or a pro- ing their right to petition Congress the administration. We then worked gram, or an individual is difficult. Will- would fear prosecution for inadvertent out our differences with the House, and ful deceit out of the mouths of wit- or minor misstatements. No first that’s how we are able to bring this nesses or in the documents they pro- amendment rights will be chilled by final product before the Senate. I want vide to Congress can make that job this bill. Nor will the bill apply to the to associate myself with the remarks nearly impossible. statement of opinion or argument, as of Senator SPECTER in describing the Until Hubbard was decided last year, only knowing and willful false state- differences between H.R. 3166 and S. the threat of criminal sanctions under ments of fact are meant to be covered. 1734. § 1001 was a powerful deterrent to such This is an important bill. I am Provisions to bar false statements deceit, and it was the source of appro- pleased that enough Members of both and compel testimony have been on the priate punishment for those who lie to Houses saw the need to act quickly on Federal statute books for 40 years or Congress. We need to return § 1001 to this legislation, which I believe to be more. Recent court decisions and Congress’ investigative and oversight absolutely necessary to protect the events have eroded the usefulness of arsenal, and this legislation will do constitutional interests of the Con- some of these provisions as they apply just that. That being the primary ef- gress. I want to thank my colleagues to the courts and Congress. The bill be- fect of the legislation, it also works and cosponsors, in particular Senator fore you is a bipartisan effort to re- well-crafted and necessary changes to LEVIN, the lead cosponsor, for their ef- dress some of the imbalances that have other aspects of Congress’s ability to forts. I also want to thank Representa- arisen among the branches in these investigate, and I support those as tive Bill Martini, sponsor of the House areas. It rests on the premise that the well. companion, for pushing so hard to get courts and Congress ought to be treat- Many years ago, Woodrow Wilson this done, and Chairman BILL MCCOL- ed as coequal to the executive branch wrote, ‘‘Unless Congress have and use September 27, 1996 CONGRESSIONAL RECORD — SENATE S11607 every means of acquainting itself with sonally lying to or obstructing Con- Individuals who have knowingly filed the acts and the disposition of the ad- gress in its investigations. false financial disclosure statements ministrative agents of the government, Again, I know first hand from my have in the past been convicted of vio- the country must be helpless to learn Senate Ethics Committee experience lating the false statements statute, 18 how it is being served; and unless Con- how this court interpretation risks im- U.S.C. Sec. 1001. Following the U.S. Su- gress both scrutinize these things and pairing the ability of the Ethics Com- preme Court’s reinterpretation of sec- sift them by every form of discussion mittee, and other congressional inves- tion 1001 last year, executive branch of- the country must remain in embarrass- tigations to maintain any integrity in ficials are still subject to punishment ing, crippling ignorance of the very af- its proceedings. If a person can lie, or for false statements under section 1001, fairs which it is most important that it induce another to lie for him without but congressional filers cannot be pun- should understand and direct.’’ It is for worry of being prosecuted for such ac- ished under section 1001 for identical this fundamental reason—that Con- tion, of what consequence would be any misconduct. While congressional filers gress must be able to scrutinize accu- congressional investigation. may potentially remain subject to rately the matters before it—that I am This legislation corrects the 1991 Su- sanction under other criminal code proud to co-sponsor this legislation and preme Court decision. Any individual provisions, the applicability of these urge my colleagues to support it. who tries to impede a congressional or other provisions is untested and uncer- Mr. BRYAN. Mr. President, today the other governmental investigation, re- tain. Members of Congress and their Senate has agreed to pass a very im- gardless of whether the individual acts staffs should not receive any possibil- portant bill, the False Statements Pen- on his own, or through the actions of ity of special treatment, but should alty Restoration Act (H.R. 3166). another individual is going to be penal- face the same criminal sanction for When Congress originally enacted the ized—period. their false financial disclosures as False Statements Act, the Federal per- I am pleased to support this legisla- other government officials. jury statute, 18 U.S.C. Sec. 1001, to im- tion to remedy these ambiguities in In addition, the Senate Code of Offi- pose felony criminal penalties on an in- our statutes, and ensure the integrity cial Conduct and Federal law require dividual who knowingly and willfully of Congress’ investigations, and the the filing of a number of other reports makes a false or fraudulent statement, Federal reporting requirements. For and disclosure forms under various cir- it thought it had created a criminal the American public, this bill also en- cumstances. These include reports of law that applied to all three branches sures that no member of Congress is the acceptance of gifts from foreign of Government, including Congress. above the law. governments, disclosure of employees’ And since 1955, when the U.S. Supreme The following is a more detailed ex- reimbursed travel expenses and author- Court specifically held that the statute planation of the changes this legisla- ization for such reimbursement, re- applied to all three branches, this was tion will make, and its particular im- ports of designations of charitable con- the law of the land. pact on the work of the Senate Ethics tributions by registered lobbyists or However, in 1995, the U.S. Supreme Committee, and other congressional in- foreign agents in lieu of honoraria, and Court held that the statute did not vestigations. reports of contributions to and expend- apply to the judiciary branch, thus cre- The Federal perjury statute, 18 itures from legal expense funds, among ating uncertainty about whether false U.S.C. Sec. 1621, punishes knowing other matters for which reports or dis- statements made to Congress and by false and material testimony, only if closure is required. Members of Congress were now covered given under oath, such as in formal Without section 1001, there are cur- by the law. committee hearings and depositions. rently no sanctions for deliberately fil- To our constituents, it once again ap- The Ethics Committee necessarily uses ing false information in connection peared that Members of Congress were a variety of other, less formal fact- with any of these reporting require- a special class to which a particular gathering techniques in the conduct of ments. For these disclosure and report- law did not apply—and that may have its initial examinations of complaints ing requirements to fulfill the purpose been the case. and preliminary inquiries, in order to for which they were established, there Since the 1995 Supreme Court deci- determine whether there are sufficient need to be clear penalties for willful sion, indictments charging individuals grounds to warrant receipt of formal violations of the rules by the filing of with making knowing and willful false testimony through depositions and false reports. statements on financial disclosure hearings. The obstruction of justice statute, 18 forms and other reports have been dis- It is critical to the Ethics Commit- U.S.C. Sec. 1505, makes it a Federal of- missed. This situation must not be al- tee’s ability to fulfill its responsibility fense corruptly to impede or obstruct lowed to continue for one day more. to the Senate to investigate allega- an investigation of a congressional Today’s legislation makes clear that tions of misconduct, and to the sub- committee. Historically, this provision Congress is indeed subject to this im- jects of allegations to investigate fair- has served to safeguard the integrity of portant law, as it should be. It returns ly, that the committee’s preliminary congressional inquiries by providing a us to where the law was for the last 40 judgments about potential wrongdoing penalty for individuals who seek to ob- years. be based on the most accurate informa- struct a proper inquiry. In 1991, the As a former chair and vice chair of tion possible. The availability of a D.C. Circuit Court of Appeals decision the Ethics Committee, I know this leg- criminal sanction under section 1001 in the Poindexter case seriously eroded islation has particular significance. for knowing false and material state- the protection of section 1505 by hold- Without this legislation, there are cur- ments to the committee is an impor- ing that, as applied to conduct under- rently no sanctions for deliberately fil- tant safeguard to preserve the quality taken by an individual witness him/ ing false information in connection of the committee’s investigative func- herself, rather than through another with these Federal reporting docu- tions. individual, the law was unconstitution- ments. To ensure the integrity of these The absence of section 1001 liability ally vague to be applied. reporting requirements, this bill must may push the Ethics Committee to ini- For a committee like the Senate Eth- be enacted so it is very clear there are tiate formal proceedings more often, ics Committee, which has the task of penalties for knowing and willful viola- and earlier, than it would otherwise, finding facts in sensitive and com- tions. just to ensure it receives truthful in- plicated cases involving potential mis- This legislation also addresses needed formation. This premature heightening conduct of Senators, this narrowed in- clarification in the obstruction of jus- of ethics inquiries risks imposing un- terpretation raises serious risks of im- tice statute, 18 U.S.C. Sec. 1505. This warranted and unfair injury to sub- pairing the integrity of the commit- law makes it a Federal offense to im- jects’ reputations and unnecessary ex- tee’s proceedings. In the case involving pede or obstruct an investigation of a pense to the Senate. former Senator Bob Packwood, the congressional committee. In 1991, the This bill would restore the applica- Ethics Committee noted in its report D.C. District Circuit Court of Appeals bility of section 1001 to false material that ‘‘the committee is specifically em- held, however, that the statute did not statements to congressional commit- powered to obtain evidence from Mem- clearly prohibit an individual from per- tees during inquiries. bers and others who are the subject of S11608 CONGRESSIONAL RECORD — SENATE September 27, 1996 committee inquiry, and it is entitled to upheld the committee’s position and Following the D.C. Circuit’s decision in rely on the integrity of such evidence. Senator Packwood was ordered to turn the North case, in particular, commit- Indeed, the entire process is com- over his diary materials, subject to the tees are on notice that conferral of use promised and rendered wholly without masking of privileged and personal in- immunity to receive testimony in pub- value if persons subject to the commit- formation, which the committee re- lic hearings subject to television tee’s inquiry, or witnesses in an in- spected. The process worked well and broadcast may have a dramatic impact quiry, are allowed to jeopardize the in- enabled the committee to obtain the on the ability of a prosecution to ob- tegrity of evidence coming before the evidence it needed to complete its re- tain a conviction for criminal wrong- committee.’’ [Report at pages 142–43]. sponsibilities to the Senate and the doing. Since the North decision, Senate For many years, it has been under- public. committees have proceeded exceed- stood that an individual who acts with An ambiguity in the current statute, ingly cautiously before agreeing to improper or corrupt purpose to ob- however, periodically threatens the grant use immunity to a witness. struct a committee or other Govern- ability of this salutary system to work There are occasions, nonetheless, ment investigation, whether by false or to resolve controversies between Sen- when immunity is appropriate and nec- misleading testimony, the deliberate ate committees and witnesses. When essary to receive testimony from an es- destruction or alteration of documents, the enforcement law was enacted, an sential witness. In such circumstances, or other nefarious means, commits exception was carved out for privilege committees have properly conferred wrongdoing subject to punishment assertions by the executive branch, so use immunity. This has happened in under 18 U.S.C. section 1505. Now, after that the courts would not be called on the Senate on a total of 10 occasions the Poindexter decision, a serious ques- to resolve disputes between the two po- since the North decision. All but 1 of tion exists whether an individual who litical branches of Government. The these instances—that is, 9 times out of engages in conduct to obstruct an in- drafting of that exception left some un- the 10—were in the context of Ethics vestigation personally, rather than by fortunate doubt, however, as to its ap- Committee investigations, when immu- persuading someone else to do so, may plicability when a witness who hap- nity was necessary to obtain informa- be called to account for such unaccept- pened to be employed by the Federal tion about allegations of wrongdoing able conduct under section 1505. Government was asserting a personal by a Senator. It is my firm conviction that Con- privilege or objection to a Senate sub- One of the tools that the Ethics Com- gress has already acted legislatively poena, not a governmental privilege. mittee has used in these instances in through the present language of sec- The law was never intended to exclude order to help make sure that there are tion 1505 to criminalize this conduct. such cases from judicial resolution and not adverse repercussions on criminal However, since at least one court was there is no good reason for so doing. prosecutions is its authority to receive apparently unclear on what Congress The ambiguity has created questions the immunized testimony in private had in mind, it is important that we in some cases as to whether or not the session, as in staff depositions. Indeed, provide explicit guidance in the law so Senate could utilize the civil enforce- eight of the nine witnesses who were clear that no confusion will arise in the ment mechanism to obtain judicial as- immunized for testimony at staff depo- future. sistance with one of its committees’ sitions, not at public hearings. This This bill would correct the court’s subpoenas. Even in the example, I de- procedure enables the Committee to re- nonsensical interpretation of section scribed involving Senator Packwood, a ceive information that it needs, but to 1505 by making clear that the statute question could have arisen whether, be- do so in a forum that does not run the prohibits witnesses from engaging with cause he was a Senator, and, therefore, risk of spreading a witness’ immunized improper purpose in any of the variety a Government officer, the exception testimony across the nation’s tele- of means by which individuals may precluded judicial enforcement of the vision screens. seek to impede a congressional or other Ethics Committee subpoena. Senator Unfortunately, the technical drafting governmental investigation, whether Packwood did not make such an argu- of the immunity statute has appar- doing so personally or through another ment, and the court did accept jurisdic- ently left a question in some people’s individual, and whether by making tion over the case. minds as to whether the Senate’s im- false or misleading statements or with- However, the mere possibility of such munity poser extends to authorized holding, concealing, altering, or de- a jurisdictional issue’s arising creates staff depositions, or only to committee stroying documents sought by congres- an impediment to the swift and sure hearings. This was raised as a serious sional committees and other investiga- resolution of disputes over the entitle- problem in the Iran-Contra investiga- tive bodies. ment of Senate committees to informa- tion and any committee that ever The Senate subpoena enforcement tion they need. In the context of an im- seeks to receive testimony under im- statute, 28 U.S.C. section 1365, provides portant and sensitive ethics investiga- munity in a deposition runs the risk of the mechanism for Senate committees tion, the risk of such a situation aris- the issue being raised there to block to go to court to seek assistance from ing in the midst of an investigation is the testimony. The Ethics Committee the court in enforcing compliance with unacceptable. This bill would clarify is the committee that bears the great- a subpoena of the committee. This sys- section 1365 to make clear that the est chance of facing this impediment in tem, which was enacted in 1978, per- Senate may authorize committees to the future. mits a committee seeking necessary go to court to resolve subpoena dis- Accordingly, this bill contains a very testimony or documents to apply to putes, whether with private individuals simple, but important, amendment to court, with the Senate’s authorization, or Government employees, as long as make clear that the congressional im- so that the witness may present his/her the witness is raising a personal privi- munity statute covers ancillary pro- privilege or other basis not to comply lege or objection, rather than govern- ceedings, like staff depositions, as well with the Senate subpoena. If the court mental privilege. as committee hearings. Immunity still sustains the committee’s position, it The final clarification in the bill in- would be conferred only on a two- may order the witness to comply with volves the congressional immunity thirds vote of the full committee, and the subpoena and thereby enable the statute, 18 U.S.C. section 6005. Senate would be done so sparingly. However, committee to obtain the information it committees have power to confer use with this change, there will be no ques- needs in a timely and fair manner. immunity, by vote of two-thirds of tions that committees would be able to Over the past 20 years, the availabil- their membership, to compel witnesses compel immunized testimony at staff ity of this system has proven ex- to testify notwithstanding an assertion depositions, rather than being forced to tremely beneficial to Senate commit- of Fifth Amendment privilege. Com- receive the testimony in a committee tees, including the Ethics Committee. mittees properly immunize witnesses hearing, where it could possibly later The Ethics Committee utilized this very sparingly, only when they deter- taint a criminal prosecution. process to obtain a judicial ruling on mine that receiving the testimony is Mr. NICKLES. I ask unanimous con- Senator Packwood’s objections to pro- necessary to the committee’s task and sent the Senate concur in the House viding portions of his diaries to the that the possible adverse effect on fu- amendment to the Senate amend- committee. In that case, the courts ture criminal prosecution is tolerable. ments. September 27, 1996 CONGRESSIONAL RECORD — SENATE S11609 The PRESIDING OFFICER. Without Senate stand in adjournment under the RONALD H. NELSON RAYMOND W. PULVER GENE W. ADGATE VERNE B. GIFFORD objection, it is so ordered. previous order. HENRY M. HUDSON, JR. STUART M. MERRILL f There being no objection, the Senate, BARRY J. WEST SCOTT N. DECKER FRANK D. GARDNER JOSEPH E. VORBACH at 7:54 p.m., adjourned until Saturday, JEFFREY W. JESSEE PETER W. GAUTIER ORDERS FOR SATURDAY, September 28, 1996, at 10 a.m. RALPH MALCOLM, JR. KEVIN E. LUNDAY SEPTEMBER 28, 1996 GEORGE A. ELDREDGE MATTHEW T. RUCKERT f DONALD N. MYERS BRIAN R. BEZIO Mr. NICKLES. I ask unanimous con- SCOTT E. DOUGLASS CHRISTOPHER M. SMITH RICHARD A. PAGLIALONGA CHRISTINE L. MAC MILLIAN sent that when the Senate completes NOMINATIONS JOHN K. LITTLE ANTHONY J. VOGT JOANNA M. NUNAN its business today, it stand in adjourn- Executive nominations received by JAMES E. HAWTHORNE, JR. SAMUEL WALKER VII JAMES A. CULLINAN ment until the hour of 10 a.m. on Sat- the Senate September 27, 1996: JAY A. ALLEN JOSEPH SEGALLA DONALD R. SCOPEL urday, September 28; further, imme- ROBERT R. DUBOIS JOHN J. PLUNKETT NATIONAL MEDIATION BOARD GORDON A. LOEBEL diately following the prayer, the Jour- GWEN L. KEENAN ROBERT J. HENNESSY MAGDALENA G. JACOBSEN, OF OREGON, TO BE A MEM- CHRISTOPHER M. nal of proceedings be deemed approved GARY T. CROOT BER OF THE NATIONAL MEDIATION BOARD FOR A TERM RODRIGUEZ THOMAS E. CRABBS to date, the morning hour be deemed to EXPIRING JULY 1, 1999. (REAPPOINTMENT) RICHARD J. RAKSNIS SAMUEL L. HART PATRICK P. have expired, the time for the two lead- IN THE COAST GUARD STEVEN D. STILLEKE O’SHAUGHNESSY WEBSTER D. BALDING ers be reserved for their use later in THE FOLLOWING REGULAR OFFICERS OF THE U.S. MARC A. GRAY JOHN S. KENYON COAST GUARD FOR PROMOTION TO THE GRADE OF LIEU- ANTHONY POPIEL the day, and there then be a period for CHRISTOPHER N. HOGAN TENANT COMMANDER: GRAHAM S. STOWE the transaction of morning business, DOUGLAS J.CONDE MATTHEW L. MURTHA BRIAN C. CONROY WILLIAM G. HISHON THOMAS D. COMBS III with statements limited to 5 minutes RONALD J. MAGOON JAMES A. MAYORS CHRISTOPHER P. CALHOUN WILLIAM R. CLARK JAMES M. CASH ARLYN R. MADSEN, JR. LARRY A. RAMIREZ BEVERLY A. HAVLIK each. CHRIS J. THORNTON WYMAN W. BRIGGS KYLE G. ANDERSON DONNA A. KUEBLER DWIGHT T. MATHERS The PRESIDING OFFICER. Without KEITH F. CHRISTENSEN BENJAMINE A. EVANS THOMAS H. FARRIS, JR. DOUGLAS W. ANDERSON GWYN R. JOHNSON JONATHAN P. MILKEY objection, it is so ordered. TIMOTHY A. FRAZIER PAULINE F. COOK TIMOTHY J. CUSTER TRACY L. SLACK TIMOTHY E. KARGES NATHALIE DREYFUS GEOFFREY L. ROWE MATTHEW J. SZIGETY f ROCKY S. LEE ROBERT J. TARANTINO SCOTT A. KITCHEN THOMAS C. HASTING, JR. DAVID SELF KURT A. CLASON JOHN M. SHOUEY RUSSEL C. LABODA PROGRAM RANDY C.TALLEY JOHN E. HARDING JACK W. NIEMIEC WILLIAM H. OLIVER II JOHN D. GALLAGHER GREGORY W. MARTIN EDWARD R. WATKINS ANDREW P. KIMOS ROBERT M. CAMILLUCCI Mr. NICKLES. Following morning RHONDA F. GADSDEN TALMADGE SEAMAN CRAIG S. SWIRBLISS ROBERT G. GARROTT NONA M. SMITH WILLIAM S. STRONG JOHN T. DAVIS business on Saturday, the Senate will CHRISTOPHER B. ADAIR GLEN B. FREEMAN MARK E. MATTA JOHN J. ARENSTAM GREGORY W. JOHNSON be awaiting House action on an omni- WILLIAM H. RYPKA RICHARD C. JOHNSON ANTHONY R. GENTILELLA ERIC C. JONES ROBERT C. LAFEAN JANIS E. NAGY JOHN M. FITZGERALD bus appropriations bill, if produced SCOT A. MEMMOTT GERALD F. SHATINSKY JAMES O. FITTON JOHN G. TURNER JOHN R. LUSSIER from negotiations. The Senate may THOMAS J. CURLEY III SALVATORE G. PALMERI, KIRK D. JOHNSON GREGORY P. HITCHEN also be asked to turn to consideration STEVEN M. HADLEY JR. RAMONCITO R. MARIANO MELVIN W. BOUBOULIS JEROME R. CROOKS, JR. TERRY D. CONVERSE DAVID R. BIRD RICHARD W. SANDERS of any other items cleared for action. JOHN F. EATON, JR. MARK D. RIZZO LEIGH A. ARCHBOLD Rollcall votes are therefore possible CHARLES A. HOWARD MARK C. RILEY MELISSA BERT WILLIAM B. BREWER DAVID H. DOLLOFF SPENCER L. WOOD JASON B. JOHNSON DANA G. DOHERTY throughout the day on Saturday. The MARK A. HERNANDEZ ERIC A. GUSTAFSON ANITA K. ABBOTT WILLIAM G. KELLY leadership will attempt to give ade- STEPHEN E. MAXWELL RICARDO RODRIQUEZ THE FOLLOWING RESERVE OFFICERS OF THE U.S. quate notice to Members in the event ROBERT E. ASHTON CHRISTOPHER E. AUSTIN COAST GUARD FOR PROMOTION TO THE GRADE OF LIEU- DAVID W. LUNT RANDALL A. PERKINS III TENANT COMMANDER: that rollcall votes prove to be nec- ABRAHAM L. BOUGHNER RICHARD R. JACKSON, JR. WILLIAM J. MILNE TIMOTHY B. O’NEAL MONICA L. LOMBARDI THOMAS F. LENNON essary. GLENN F. GRAHL, JR. PETE V. ORTIZ, JR. MICHAEL E. TOUSLEY SLOAN A. TYLER f GREGORY W. BLANDFORD ROBERT P. MONARCH LATICIA J. ARGENTI DONALD A. LACHANCE II ANNE L. BURKHARDT PAUL D. LANG KAREN E. LLOYD ADJOURNMENT UNTIL 10 A.M. DOUGLAS C. LOWE EDWARD J. HANSEN, JR. THOMAS M. MIELE DONALD J. MARINELLO IN THE MARINE CORPS TOMORROW EDDIE JACKSON III PAUL E. FRANKLIN ANTHONY T. FURST CHARLES A. MILHOLLIN THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE- Mr. NICKLES. If there is no further MATTHEW T. BELL, JR. STEVEN A. SEIBERLING DUTY LIST, FOR PROMOTION TO THE GRADE OF COLONEL IN THE U.S. MARINE CORPS IN ACCORDANCE WITH SEC- business to come before the Senate, I DUANE R. SMITH DENNIS D. DICKSON MARC D. STEGMAN SCOTTIE R. WOMACK TIONS 618 AND 628 OF TITLE 10, UNITED STATES CODE: now ask unanimous consent that the KEVIN K. KLECKNER TIMOTHY R. SCOGGINS TODD H. GRIFFIS, 2756