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

Vol. 143 WASHINGTON, THURSDAY, MAY 1, 1997 No. 55 Senate The Senate met at 10:30 a.m., and was SCHEDULE Mr. COVERDELL. Mr. President, as called to order by the President pro Mr. COVERDELL. Mr. President, for the Presiding Officer knows, we have tempore [Mr. THURMOND]. the information of all Senators, this been at this for the better part of the morning the Senate will begin consid- week. I am pleased that the two sides PRAYER eration of S. 543, the Volunteer Protec- have decided to proceed to the actual The Chaplain, Dr. Lloyd John tion Act. As a reminder, the previously legislation and to consider its merits Ogilvie, offered the following prayer: ordered cloture votes for today are vi- straightforwardly. I was also pleased to Almighty God, on this National Day tiated, and the Senate is now able to be notified this morning that during of Prayer, we join with millions across begin consideration of this important the summit—and I had not realized our land in intercession and suppli- legislation. It is my understanding this—that occurred, Governors cation to You, the Sovereign Lord of that amendments are expected to be of- Branstad of Iowa, Whitman of New Jer- the United States of America. As we fered to this bill. Therefore, Senators sey, and Wilson of California, issued a sound that sacred word Sovereign, we can anticipate votes throughout to- public statement in support of the Vol- echo Washington, Jefferson, Madison, day’s session of the Senate. It is the unteer Protection Act while in Phila- and Lincoln along with other leaders majority leader’s hope that the Senate delphia, and called on the President to through the years, in declaring that will be able to complete action on the sign it. I am deeply grateful to these You are our ultimate ruler. We make a Volunteer Protection Act today. Governors, who have longstanding ca- reers in public service, for stepping for- new commitment to be one nation Also, there is the possibility that the ward and calling on the passage of the under You, God, and we place our trust Senate could consider items on the Ex- ecutive Calendar. Therefore, additional Volunteer Protection Act. in You. Mr. President, I thought it would be votes could occur other than votes on You have promised that if Your peo- useful, given the fact that we are now the Volunteer Protection Act during ple will humble themselves, seek Your beginning the actual debate, to revisit today’s session. In addition, the Appro- face, and pray, You will answer and the general parameters of the Volun- priations Committee has completed ac- heal our land. Lord, as believers in teer Protection Act of 1997, which is a tion on the supplemental appropria- You, we are Your people. You have bill to provide certain protections to tions bill and it is the majority leader’s called us to be salt in any bland ne- volunteers, nonprofit organizations, expectation to begin consideration of glect of our spiritual heritage and light and governmental entities in lawsuits in the darkness of what contradicts that bill next week. based on the activities of volunteers. Your vision for our Nation. Give us I thank my colleagues for their at- First, Mr. President, I will frame the courage to be accountable to You and tention. problem. Prior to 1980, there was vir- Your Commandments. We repent for f tually no issue for us to consider here. the pride, selfishness, and prejustice RESERVATION OF LEADER TIME Millions upon millions of Americans that often contradict your justice and The PRESIDING OFFICER (Mr. over the history of our country have righteousness in our society. continued to step forward, help their SANTORUM). Under the previous order, Lord of new beginnings, our Nation the leadership time is reserved. neighbors, help in disasters, help that needs a great spiritual awakening. May is grandiose, like fighting off the wa- f this day of prayer be the beginning of ters in a flood to something as simple that awakening with each of us in this VOLUNTEER PROTECTION ACT OF as crossing the street with a spare Senate. We urgently ask that our hon- 1997 meal or a good wish for a neighbor. esty about the needs of our Nation and The PRESIDING OFFICER. Under But something happened in 1980. Sud- our humble confession of our spiritual the previous order, the Senate will now denly there were several very cele- hunger for You may sweep across this proceed to consideration of S. 543, brated lawsuit cases that targeted the Nation. Hear the prayers of Your peo- which the clerk will report. volunteer. It changed the whole nature ple and continue to bless America. In The bill clerk read as follows: of the environment for voluntarism in Your holy name, Amen. A bill (S. 543) to provide certain protec- America. As we moved on through the f tions to volunteers, nonprofit organizations, 1980’s we found a situation where, with and governmental entities in lawsuits based increasing frequency, for a variety of RECOGNITION OF THE ACTING on activities of volunteers. reasons, it was the volunteer that was MAJORITY LEADER The Senate proceeded to consider- singled out by a plaintiff or a claimant. The PRESIDENT pro tempore. The ation of the bill. It could have been that the organiza- able acting majority leader, Senator The PRESIDING OFFICER. The Sen- tion that the individual was contribut- COVERDELL of Georgia, is recognized. ator from Georgia. ing to did not have any resources, that

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

S3861 S3862 CONGRESSIONAL RECORD — SENATE May 1, 1997 the volunteer had accumulated some Act takes the volunteer and provides derstand the myriad of laws that relate assets—a home, a checking account, some shield against being a target of a to this across the several States. Cer- whatever—and so the lawyers for the lawsuit. tainly, a volunteer would have no ca- claimant went to the volunteer. I told the story earlier in the week of pacity to do this. What has resulted from this? Well, as a charity that ran a gym and a young- So this law, the Volunteer Protection best we can tell, and you really cannot ster broke a leg by dropping weights. A Act, sets a national standard of protec- get the exact data, there have not been volunteer, a woman, was the reception- tion. But if a State chose to create a rash of findings against the volun- ist—not in the gym. She is out answer- more protections, that would be their teers. They have been able to defend ing the phone. She became the legal right. Or if the State took an affirma- themselves, by and large. Many of the target. She had virtually nothing to do tive act to opt out from under this in cases have been thrown out. But there with the incident other than having those cases where all the parties in- is a chilling pall that has been cast been on the premises on the phone. The volved are citizens of that State, they over voluntarism across the land. In Volunteer Protection Act would have could do that as well. So we believe other words, we have put a question protected that woman because she had this is an appropriate balance with re- mark in the mind of an American vol- no relation to the incident. If she had gard to the interaction between the unteer. ‘‘Well, I want to help this fam- been engaged in willful misconduct, if States and the Federal Government. ily, I want to travel to North Dakota she had been reckless, wanton, if she Mr. President, I have gone back to and help in that flood, but could I be had been involved in a hate crime or a this summit time and time again in the putting my home or my business, or sex crime or a civil rights crime, this discussion, but there is something I whatever we have accumulated in our legislation would not protect her, nor noted here this morning that I think is family, at risk for having made this de- should it, and no one wants it to. It very interesting. There was an article cision?’’ The answer, unfortunately, is deals with simple acts of omission—an about the summit, and it says: yes. So the result is that voluntarism accident—that would protect the vol- Perhaps no one put the challenge more over the last several years since 1989 unteer. simply or compellingly than former First has been dropping—54 percent to 51 per- I want to point out, because in all Lady Nancy Reagan, known during her cent to 48 percent, the last number we the chaotic conditions that go on on White House years for her antidrug slogan, have seen. Capitol Hill, I am not sure everybody ‘‘Just say no’’ . . . Second, we have had thousands of has had a chance to read it and under- For which, I might add, many of us volunteers who served on boards of col- stand that no one is protected from are greatly indebted. leges and universities and charities and willful misconduct or reckless behavior Speaking for herself and her husband, ail- charitable organizations resign because or drunk driving. Mr. President, even if ing former President Ronald Reagan, she im- they became fearful they would be the the volunteer is protected, the organi- plored, ‘‘From this day forward, when some- target of these lawsuits. So you not zation itself, the institution, the non- one asks you to help a child, just say yes.’’ only have people with a question in profit, is still liable. This is directed, Just say yes. How right she is. My their mind about coming forward, you principally for acts of omission, at the plea to the Senate and to the House actually have caused volunteers to step volunteer. There are some other pro- and to the President is, just make it backward and resign. Some estimates tections in the bill for nonprofits that easier to say yes. Let’s try to remove are as many as 50,000 of these kinds of would help the charitable organization, this question mark that is holding vol- occurrences have taken place. but primarily this legislation would unteers back. Let’s try to not call on Now comes the summit, the volun- protect the volunteer from simple acts them to step forward and then leave a teer summit, in the Presiding Officer’s of omission or an accident of that kind. system in place that trips them if they home State, Pennsylvania, in the city The second thing it would do, Mr. do. Let’s remove this cloud that causes of Philadelphia, where the President President, is that it would create pro- high-profile public policymakers to not and three former Presidents and First portional responsibility. There is a agree to serve on a board. I venture to Ladies for six administrations have legal term for that, but I think it is say, Mr. President, that every Member come forward, 100 mayors, 30 Gov- easier to understand when we say pro- of Congress has had the question mark ernors, and called on America to step portional responsibility. The case I just I am talking about in their minds at forward, to relight the fire, to reinvigo- cited is a great example. This woman one time or another when they had to rate volunteer activity in America. I had no responsibility, so she would not make a decision about whether to re- believe that is a very wholesome thing, be eligible to be a target. What it does spond to an organization seeking their a very inspirational thing. here is, it says that you can’t go after support. But if you study the remarks, Mr. an individual, a volunteer, who has Let’s try to create an environment President, this was more than a call for minimal responsibility or only a small where volunteers don’t resign from voluntarism. It is very interesting as proportion, or none, and cause them to boards but are willing to serve on you review it. This is fairly well tar- be the target for compensation for the them. Let’s try to create an environ- geted. Children are evoked over and entire event, that there has to be pro- ment where a volunteer immediately over and were the centerpoint of this portional responsibility. That, too, would rush to an accident scene and call to voluntarism. Furthermore, the would protect the volunteer. not put a question in their mind about call was for voluntarism to occur in Mr. President, we have concluded— whether they are putting their assets difficult environments. We have heard those of us who have cosponsored the into a legal lottery. Let’s do it in a language like the poisonous streets. We legislation—that the issue is one of na- way that is thoughtful—and I believe are talking about difficult, rough, ab- tional concern and scope. I go back to we have—and which does not protect normal environment that you are ask- the summit. They were not there creat- somebody from ill doing, which I be- ing these volunteers to go to. So the ing volunteers for Philadelphia; they lieve we have. The minority leader and specter of the problem is elevating. were there calling on the whole Nation I had a brief discussion with regard to You are asking them to go into a more to step forward. Volunteer organiza- this yesterday evening. I was enumer- troubled center, a more volatile arena, tions, many of them, are national in ating the fact that this would not pro- where communication and differences scope. You don’t have to spend much tect reckless conduct. We want to be and diversity are great and, therefore, time thinking about it. They are orga- conscious of a victim of an accident. the probability of accident or misstep nizations like the American Red Cross, But we have to do something here to is higher. the United Way, and Little League free up America so that it can do what I have been arguing all week that the Baseball. The call for voluntarism is a it has always done. Congress should respond in a very national call, not a local community Mr. President, just before I conclude forceful way by passing the Volunteer call. Many of the volunteers cross here, I want to reiterate that I believe Protection Act of 1997 which will make State jurisdictions in their activities. American voluntarism is as much a it easier for a volunteer to respond, in There is absolutely no way that many part of our culture and life and a treas- the first place; and second, to a trou- of these charitable organizations— ure of American life as our national bled place. The Volunteer Protection 600,000 of them—could in any way un- monuments, our parks, and this very May 1, 1997 CONGRESSIONAL RECORD — SENATE S3863 Capitol itself, because it is unique. ments that were made? How can we So I again congratulate the Senator There are very few places in the world continue to keep this ball rolling?″ from Georgia. I commend him for this. where voluntarism takes on the compo- I point right here to the U.S. Senate. It sounds like we have accomplished nents and proportions that it has in This is the best way that I know of to something tremendous. We have. All America. I was reading this morning keep the ball rolling, to keep the mo- we have accomplished is that we can that, last year alone, the equivalent mentum going. If we follow up this now talk about the bill, and we can value of American voluntarism, which week and maybe early next week with now debate the bill. We are going to was about 41⁄2 hours a week, was around the passage of this legislation, with a have, I am sure, amendments that will $200 billion-plus that had been given strong message to the American public dramatically weaken this and that will freely. But that is declining, and that and to the prospective volunteers in take the teeth out of this legislation. trend should be reversed. We should America that not only do we think it is Unfortunately, those will be offered on nurture this American treasure and we a good thing—and everybody says nice the floor. We have a tough battle ahead should protect it, just as if it were one things about voluntarism and we talk of us to be able to stand up to those of the crown jewels of this Nation, like about the benefits of it and about all of kinds of weakening amendments, stay our Capitol. the wonderful things that it accom- the course, and follow through with Mr. President, I wanted to begin the plishes for your community and for this responsibly. debate by at least framing the reason you as an individual—but we can lay I believe it is a very valid piece of for the law, a brief description of the down something solid, something tan- legislation that preserves the right of law, and a call for the Congress to gible for them to say that things are those who are injured and at the same come forward and reinforce what took different. It is not just that people are time liberates the volunteer in Amer- talking about it now, or not that it is place in the historic days of the sum- ica to go out and pursue what they an in-vogue thing, but there is a dif- mit in Philadelphia, PA. know in their hearts is the right thing ferent set of ground rules now to par- With that, Mr. President, I suggest to do which is to serve their fellow man ticipate and, to me, they are much the absence of a quorum. to a greater good. The PRESIDING OFFICER. The more favorable. I don’t have to look I yield the floor. over my shoulder as a Little League clerk will call the roll. Mr. CRAIG addressed the Chair. The PRESIDING OFFICER. The Sen- The bill clerk proceeded to call the coach as to whether I gave the catcher the right mask. I know that was one of ator from Idaho is recognized. roll. Mr. CRAIG. Mr. President, thank you Mr. SANTORUM. Mr. President, I the examples that was used over in the House. But I am doing this because I very much. ask unanimous consent that the order I certainly join my colleague, the for the quorum call be rescinded. love my community, I love my neigh- bors, and I want to do something posi- Senator from Pennsylvania, in his ex- The PRESIDING OFFICER (Mr. pression of concern and hope for the COVERDELL). Without objection, it is so tive to contribute to their lives. I want to do so in a way that I feel that I can outcome of the volunteer summit that ordered. has just occurred in Philadelphia. I, Mr. SANTORUM. Mr. President, I really express myself without having too, hope that we can keep the dynam- rise to congratulate the Presiding Offi- to be concerned about the whole troop of lawyers hanging in the wings for ics of that going. cer, who just spoke, for his stick-to- There is no question, though, that itiveness in continuing to force this somebody who may have some accident in the process of volunteering. one of the blights against voluntarism issue here in the U.S. Senate and, fi- and giving freely of one’s time to the nally, accomplishing what we had So I think what we are doing here is taking that first step after the summit. benefit of human kind is what has hoped to accomplish and probably transpired in this country over the last should have accomplished a couple of This is the first step. People who have given all the great speeches about how several decades when we have, in fact, days ago, which is at least to move to denied the doctrine of charitable im- this bill and begin the debate on important voluntarism is—if they don’t follow through with doing some- munity; in other words, the ability to whether we can, here in the U.S. Sen- thing to move this agenda forward then go out and give of your time and then ate, do some positive things to the vol- I think we have every right to question by chance you make an accident—or by unteer spirit of America, to see if we the sincerity of the remarks. We have chance somewhere in the process some- can remove some of the barriers that every right to question whether this one might claim some question of in- are in place right now that limit the was in fact a political stunt, and noth- jury—that, all of a sudden, you are lia- amount of volunteer participation in ing more; that this was an attempt to ble, the courts take it up, the trial law- our society. revive individuals involved in their yers drag you through the courts, and I think the present Presiding Offi- own public reception and nothing more they put a phenomenal blight on the cer’s remarks about the Philadelphia than that; that it wasn’t really real. giving concept that voluntarism is all summit, the spirit created there, the This is an opportunity to make the about. momentum that was created there can summit in Philadelphia more real in That is what S. 543 is about—to clear- only be enhanced. The big concern in the eyes of the American public, to do ly prescribe what the limits are so that Philadelphia, as I talked to so many something tangibly good for the volun- we don’t put a legal damper on the people, was, ‘‘Isn’t this wonderful? teer in America, and thereby for the kind of energies that are spilling forth Don’t you feel this great spirit? Don’t needy among us who have such a need from Philadelphia that Colin Powell is you feel like we are focused on the and such a desire to deal with their fel- trying to once again fire up in this right thing and we are pulling the low men and neighbors in solving the country. It is here. It is already here. country together, Republican and Dem- problems that confront them and their It is part of the Judeo-Christian ethic ocrat alike, liberal or conservative, fo- communities. that has made up the great growth of cusing on a value that we all share?’’ It So I again congratulate the Senator this country over the years. is an understanding that is sort of core from Georgia for his tremendous drive I want to relate to you a comment as an American to understand the sig- and enthusiasm and stick-to-itiveness that the director of March of Dimes nificance of participating as a volun- to stand up here—for 3 days now—and Easter Seals told me right after the teer in your community and the bene- fight this battle and refuse to relent. Berlin wall came down and Eastern Eu- fit that it gives not only the people you I know some have said we are holding rope was freeing itself from the shack- volunteer for but the benefit it gives things hostage. I would suggest that les of communism that some of it had you. But the big concern I heard over this bill releases hostages all over been under for 70-plus years; most of it and over again, even from the most en- America who are hostage to litigation for about 45 years. I was with this gen- thusiastic supporters of the summit, fears—who now can go out and partici- tleman one night at a banquet. We was, ‘‘Can we keep this going? Can this pate in their communities, and do the were visiting, and we were both seated momentum continue? Will much hap- kind of things that will liberate so at the head table. pen after this week? How can we keep many other people who are in the need I said, ‘‘What are you doing nowadays this spirit alive and keep this momen- of volunteers, and the organizations besides the work of Easter Seals and tum that we have built, the commit- with whom they work. March of Dimes?″ S3864 CONGRESSIONAL RECORD — SENATE May 1, 1997 He said, ‘‘You would be fascinated.’’ spirit of nearly half a century past. So So they reached out to our great He said, ‘‘I am spending a lot of time in they were asking large contributive charitable voluntary contributive orga- Eastern Europe with the countries of voluntary charitable groups from this nizations immediately after the fall of Eastern Europe.’’ country to come across, to extend to the wall, and said, ‘‘Come. Teach us I said, ‘‘Doing what?″ them how we did it, and to work with again how you make it work because He said, ‘‘Teaching them volunta- them to rekindle the human spirit in what we see in America, what we see as rism.’’ an effort of voluntarism. the great energy and the spirit of your I said, ‘‘Tell me more. What do you That is what Philadelphia is trying country, is the blend of government mean teaching voluntarism?″ to do—not to rekindle because it is with the blend of the free citizen, both You and I, Mr. President, would have clearly here in this country, and it al- working together for the betterment of considered that part of our family her- ways has been, but to extend it into humanity and for the betterment of itage, part of going to church, part of other areas, urge people to give more of your country.’’ the extension of the person of the their time, to urge companies to pro- That is what S. 543 is all about. It American citizen—voluntarism. What vide time for their employees to go out isn’t about trial lawyers taking people had happened in Eastern Europe and and participate in the community in a to court. There is plenty of that to go throughout the greater Soviet empire free and giving way, and to knock on in the private sector, and in the pri- was that government had taken over. down some of the barriers that exist in vate economy, but not in the private Government had become the operative normal life that limit people’s ability giving should that be allowed. I am of people. No longer could you give of to contribute to give and to volunteer. thankful that S. 543 speaks so clearly yourself. It was government that told That is what S. 543 is all about— of that. you what to do, how to do it, what to knocking down the percolation of legal I again say to my colleagues on the say, what to think, and all of those barriers that have built up over the other side: Get with it. Come on. Stop kinds of things. Up until that time, I years of somebody trying to make this filibuster. This is a time to stand had forgotten, or I guess I had never somebody liable for something. We together, as former Republican Presi- really concentrated on the root of vol- know that when you give of your time dents and former Democratic Presi- untarism, and what has transpired in it is going to put you at risk. You are dents and a Democrat President stood our country over the years from the willing to give less. You back away, together in Philadelphia and said this very early days of the barn raising in and say, ‘‘I can’t be a part of contribu- is Americanism at its best. We should your State and mine—of neighbors tive or voluntary effort if I might be not use Government to tear down vol- sharing amongst themselves, because sued.’’ I mean that isn’t in the spirit of untarism. We should not use laws to re- there was never enough work force to Americanism. That isn’t in the spirit strict it. Let us use our energies to go around. So I would come over to of the raising of the barn in Kansas a multiply it for the betterment of our your farm and help out, and you would century ago. Sure, the wall might have citizens and for mankind. come over to my farm and help out. fallen down, and you had to pick it I yield the floor. And together, in a sense of community, back up and somebody might have been Mr. ASHCROFT addressed the Chair. we would help each other. That was be- hurt. There was always that risk. But The PRESIDING OFFICER. The Sen- fore the days of lots of laws and lots of it was always understood that nobody ator from Missouri is recognized. trial lawyers, and somebody looking was liable under those circumstances— around, and, saying ‘‘Gee. You have to that you weren’t trying to profit from Mr. ASHCROFT. Thank you, Mr. be liable for that. It is your fault that it personally, that you weren’t trying President. I am particularly grateful something happened. And, therefore, to gain from it. You were giving. for the statement of the Senator from we are going to take you to task on That is what this legislation is all Idaho, and for the measure of the Sen- that.’’ about—to recreate at least an under- ator from Georgia. Voluntarism has always been a phe- standing that people can give of their When you try to define America, you nomenal force in our country. And it time freely without a loss of the immu- can’t define America by looking at peo- did start from a Judeo-Christian ethic nity they have always had with chari- ple and from outward appearance. We of helping one fellow person. That has table voluntary efforts. are not all of one race or one ethnic or- been and remains the strength of our So I am truly complimentary of the igin. We represent every possible as- country. Senator from Georgia for the tremen- semblage from around the world. We I was so pleased when I heard Colin dous effort that he has put behind this. have come here. What we have, to- Powell through a series of interviews It has come at a very important time. gether, is not ethnicity nor religious leading up to the summit in Philadel- I must say to my colleagues across the background. It is not racial. What we phia. In fact, I was pleased but a little aisle. You are filibustering. Get with have is a common commitment to com- disappointed one day when Katie it. Don’t do that. There may be other munity, a common commitment to Couric in a rather—at least my inter- reasons. But, if it is for this, it is a bad what it is America is. It goes beyond pretation—cynical way said, ‘‘Well, reason. If the trial lawyers of this politics. It goes beyond where we go to but, but, but, surely you have to have country are wanting to play games church. It goes beyond where the an- Government doing some of these with this, it is the wrong reason. They cestors on our family tree came from. things, and, surely, you have to have a ought to go somewhere else instead of It simply goes to the heart of how we Government program. I mean, you trying to go at the voluntary spirit of feel about each other. have cut welfare, or Congress cut wel- this country, the energy that built our No other nation on the face of the fare.’’ And, very consistently, Colin country that made us what we are. It Earth has been so characterized by the Powell said there is a role for Govern- was not Government. It was people giv- idea of caring. Look at the great serv- ment. Yes. But there is a very clear ing freely of themselves to other peo- ice organizations around the world, role for people. Government doesn’t ple. such as the Lions Club, which has a nurture the child in the community. That is what this legislation is specific interest in protecting vision We can put food to the child. But we about. That is what the nations of the and making sure that people can see. cannot nurture the soul. That is a per- former Soviet Union have had to actu- The idea has been exported to the sonal relationship. That is a giving ally seek from us. Yes. They want our world from the United States of Amer- kind of relationship that is only put institutions of government because ica. Look at the Rotary Club. Rotary forth through the volunteer effort of they figure that ours is the best form clubs literally go around the globe. the caring individual. of government. But they want our peo- They have come from the United It was the sense of the Soviet States, ple institution. They know that they States of America where we look at the if they were truly to become free states cannot have government alone, that it four-way test of rotary, which talks again and knowing that government will not serve the needs of citizens of about the betterment of all concerned, could never provide everything to ev- Poland, or Czechoslovakia, or one of which looks at the other side of the erybody, that they would have to re- those nations that was barricaded and coin, which always asks about someone ignite voluntarism in the voluntary imprisoned behind the Iron Curtain. else. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3865 Look at the Kiwanis Club, the slogan I will never forget Charles Wilcox. call the United States of America is of which is ‘‘We Build.’’ It has been ex- One time after a dusty, hot baseball helping each other, and we should not ported to nation after nation. It has practice, he took the whole team to the put these cornerstones at odds. We been embraced by cultures all around root beer stand, and he walked up to should not say to people, in order to the globe, but it is something that the window and said the most generous help someone else, you have to put started in the United States of Amer- thing I have ever heard in my entire your family at risk. That is what we ica. It is something that is so universal life. It almost knocked me over as a have done with a tort system that has and so important to the fabric, to the boy. He said to the fellow inside the awarded judgments like $4 million very tapestry that defines what this root beer stand, ‘‘This is my team. Fill against Scout leaders, that has award- Nation is that it crosses party lines em up.’’ It had never happened to me ed judgments against a Little League just like that. before and perhaps has not happened to coach who moved someone from short- You have four Presidents of the Unit- me since. I think soda pop is pretty stop to left field. ed States joining together, Republicans commonplace these days, but back in Let us get serious. The Presidents, and Democrats, in the Presidents’ sum- the 1950’s, when someone walked up to past and present, know what America mit on voluntarism, and you have a the root beer stand and said, ‘‘Fill em is about. It is in the hearts of Ameri- person who in most societies would be up,’’ it was a big thing. cans across this country. We want to considered to be an individual who I do not want the Charlie Wilcoxes of make it possible for people again to ex- knows how to deploy military re- this world not to be able to do that tend themselves in a voluntary way sources and how to fight and how to anymore. I do not want them so afraid without putting their families at risk. hate and how to kill but an American that when they coach the Little That is the long and the short of what whose heart really is in how to help, League team, they are going to have to we want to do. Gen. Colin Powell. He is heading up the put on their family the risk of finan- I think it is entirely inappropriate entire focus again on voluntarism. It is cial ruin. We have seen the cases, the for some in this Chamber to stand something that is the character of this shear lunacy of cases where the coach against us, for those whose President country. It is what makes us commu- is sued because the youngster was has called us to a summit on volunta- nity. Frankly, it is richer than cul- moved from shortstop to left field and rism to say no, we are not going to tures that rely on Government and en- got hurt when a fly ball hit him in left allow any discussion of that in the Sen- titlement for all the things that are field. His mom had said he was a born ate, we are not even going to proceed done. It is not universal in the world. shortstop. Who is going to be the coach to the bill; we do not want you to have In lots of places people think that if you can get sued when you move a chance to vote on it. That is what charitable things are wrong, that it someone to left field? this filibuster by the Democratic Mem- should be done by Government, so no We have seen the ridiculous cases bers of this body is achieving right one ever owes anyone else. where the youngster insists on sliding now. It is keeping us from voting on Well, in America we do not owe each in headfirst and then injures himself this bill. This is not the bill itself we other. We love each other. And the idea and the coach is sued because the are talking about. We are talking of voluntarism is a way that we can ex- tend to each other and build the chords youngster slides headfirst instead of about the motion to proceed. This is of community that bind us together. feet first, in spite of the fact that the technical gobbledygook of the Senate. The poets from overseas have said it youngster has seen all the big leaguers But in order to consider a bill, you well: Never send to know for whom the doing it time after time after time. But have to succeed in passing a motion to bell tolls; it tolls for you. if that coach is going to lose his home, proceed to the bill, and we are being That is why I have been involved in if his children cannot go to college be- filibustered on the motion. It is time all kinds of charitable endeavors. I re- cause he is generous enough to care for for all Americans to again enlist in member even when I was Governor of someone else, we will certainly have this great enterprise of community my home State, when a child was lost cheated a lot of young people out of a which we call America and help each close to the State capital 20 or 30 miles lot of helping hands. other, and it is time for the Senate, away, I walked through the woods dur- When I was at the summit this last Members of the Congress, to build a ing the night with hundreds of other weekend in Philadelphia, each of these framework where we do not ask people individuals to find the child. We were Presidents called upon me personally. to choose between protecting their all kinds of people from all kinds of po- No, they did not come up to talk to me, family and helping other people. We litical persuasion, from all kinds of but they spoke to me, they spoke to have to say we will make sure your backgrounds, yet there we were walk- my heart. They said America needs family is protected if you are kind ing through the woods at night. I re- again to have a revival of individuals enough and loving enough and caring member in the great floods that af- who are willing to care for each other. enough to extend a helping hand, a flicted Missouri, I filled sandbags next I thought to myself, we need to make hand of care, compassion, and love to to people I did not know but people sure as Members of the Congress that those in your community. whom I loved because I cared for the we do what is necessary to make that I have been told we are on the bill communities, and I knew that if there possible. I think of the Scout volun- now. I am glad to know that we are on were ever a flood at my place, they teers on the west coast who allowed the bill. Yesterday we were on a fili- would be there with a shovel and their the boys to play touch football. When I buster to the motion to proceed, and I children with them, as mine were with was a Scout, we would never settle for appreciate the correction. I apologize me, filling sandbags. touch football, but these must have to Members of this body on the other That is what America is about. We been very good leaders, interested in side of the aisle. I would not impair or would not want to do anything to de- the safety of the youngsters. But one impugn their motive here. I am glad to stroy the capacity of Americans to got injured and he ended up with a $7 be on the bill. I think with that in help each other, to love one another, to million judgment against two of the mind we ought to make sure we all participate in community activities, volunteers. The appellate courts re- vote in favor of this. This is an out- charitable activities where we reach duced it to $4 million. I cannot imagine standing piece of legislation which will out to one another. How many times that was much of a consolation to stop the irrationality of asking people did dads, when I was a boy, haul me to those Scout volunteers. to choose between protecting their the ball game? My father traveled a Most people do not want to have to family and helping their neighbor. The lot. My father was an itinerant, in choose between helping the community history of this country is that we have some respects, minister at some times and protecting their family. No one not only protected our family; we have during his life and then traveled exten- really will ever say I will help someone enriched our families by helping our sively when he was involved in edu- else if I have to sacrifice my family, neighbors because we have been taught cation, raising money for the college. because we have a very strong commit- one of the most important values of But you know, there was always some ment to our families in America. It is life, that is, that we are not alone, that dad from the area who took me to the a cornerstone of what we are. But a we live together in community. game. similar cornerstone of this house we I thank the Chair. S3866 CONGRESSIONAL RECORD — SENATE May 1, 1997 Mr. COVERDELL addressed the I do not believe our policymakers The PRESIDING OFFICER. The Sen- Chair. have really quite understood how seri- ator from Alaska is recognized. The PRESIDING OFFICER. The Sen- ous this is. Everybody is busy with all Mr. MURKOWSKI. Mr. President, I ator from Georgia is recognized. their activities and their agenda, appreciate my colleague from Georgia Mr. COVERDELL. Mr. President, I whether you are the President of the recognizing the North Pole. commend both the Senator from Idaho United States or you are running a First, let me say a few words about and the Senator from Missouri for store or you are the mayor of a local the effort of my good friend from Geor- their statements. Senator ASHCROFT is town. No one realized the field changed gia in bringing to the attention of this a cosponsor, as is Senator CRAIG, and in the 1980’s; the volunteer was not as body, as well as to the Nation, the im- they both have devoted extensive ac- free to step forward. It happened in the portance of the Volunteer Protection tivity and time and energy to the pro- 1980’s. So, this legislation is necessary Act. The issue before us is vital; it is a motion of this legislation. to try to recreate the environment matter defending the noble act of per- Mr. President, I am going to talk a that has so enriched our Nation and sonal sacrifice and contribution for the little bit more about the bill and then our country. benefit and good of others. So I com- move to a quorum call. It is my under- Mr. President, I will take a minute. I mend the Senator for his diligence, the standing there are several Senators have mentioned several times I am the time he spent on the floor, and the ef- who wish to speak as if they were in former Director of the U.S. Peace fort that has been made. And I look morning business. It would be appro- Corps, which is one of America’s pre- forward to supporting the effort for the priate with us. We have now had a full eminent institutions of voluntarism. Volunteer Protection Act which has hour framing S. 543, but I want to just There have been about 150,000, since been introduced by Senator COVERDELL go back to the summit a minute and 1961, who have gone all over the world, of Georgia. Let me just ask my colleagues to quote three prominent figures in Amer- and their voluntarism does not stop bear with me for a moment. As we ican life. As First Lady Hillary there. In fact, the original charter of know, this past week President Clinton Rodham Clinton put it in her column the Peace Corps has a third mission: last week in the Washington Times: and other prominent Americans ap- Go where you are asked to go, be of as- peared in Philadelphia. Philadelphia is Whether through tutoring children, pick- sistance to the people there—and bring ing up litter on a highway, or providing free the city where our American heritage the knowledge of the world back home. is rooted. What better place to come to legal counsel to a needy client, we all have a So we continue to ask these volunteers chance to help address problems in our com- for the recognition of voluntarism and munities and enjoy the satisfaction that to serve when they return, and thou- what it means to this country, because comes from being good neighbors. What we sands of them do. Many of their activi- those who founded our Constitution— may not realize is that in the process we are ties are addressed at the very core of our early efforts to formulate the prin- also strengthening our democracy. Democ- the summit call—children. ciples of this country—were all volun- racy depends on citizenship and citizenship As you might expect in an institu- teers. They were volunteers coming depends on people voluntarily contributing tion like that, there is a lot of discus- forward and contributing their knowl- their time and performing services that their sion about voluntarism. There would country needs. edge, their expertise, their willingness be discussion, from time to time, to formulate a nation. So it was cer- She is absolutely correct. I have al- about: Should they receive greater ways believed, Mr. President, the gen- tainly appropriate that a summit on compensation? Would that create more voluntarism was held in the city of esis of the American spirit is that we volunteers? And you always came up are a free people, and if you really Philadelphia during the past week. But with the same answer, that what we what did this summit really accom- want to know the roots of voluntarism, wanted was the volunteer who will- plish? because it is uniquely American, it is ingly stepped forward and wanted to do I am told there were balloons, because we have been free and we have it and there was not another incentive. streamers, speeches, and a lot of good unleashed spirits and thinking and ac- They were not doing it for a check. photo ops. But, unfortunately, we have tivity which the world has never seen They were doing it to serve. Because, to look at the bottom line and ask nor compared. What we are talking when you alter that chemistry, the what was accomplished? How much was about here in this legislation is there whole interaction between the volun- accomplished? It brought the issue to has evolved in the last decade and a teer and the beneficiary changes, and the American people. But, specifically, half a constriction, a choke, on that you create a completely different kind what did we get out of it? Because I kind of freedom. We have chilled it. of interaction. think the summit ignored the fact What we are seeing is the same kind of I mentioned the story yesterday of that, in order for the spirit of volunta- thing that happens anytime a govern- the fellow who was helping train in the rism to flourish, you must, first of all, ment or practice becomes engaged in Civil Air Patrol. He even had to spend have real reform in our American judi- constriction of freedom and the natural his own money to do it. But as he got cial system. activity of human beings. out of the car he turned to me and he What the Senate is basically doing We have, unwittingly I believe, had said, ‘‘But the payback is when I look today, and what we have been trying to evolve a situation where the volunteer in their faces, when I see their pride do for the past 4 days—for the past 4 has become a target, and they have be- and sense of accomplishment.’’ That is days—is not put on a highly publicized come fearful of it, which is a step back a volunteer. summit about voluntarism. We are try- from freedom. Fear is one of the first This issue of legal threat changes the ing to reform a justice system that de- things that happens when people, for chemistry of the volunteer. It changes ters voluntarism. whatever reason, begin to lose their the component of the interaction be- I am pleased, after several days of freedom. They become fearful and their tween the volunteer and beneficiary procedural delay, we have finally begun behavior changes. The explosion of vol- and alters their behavior, sometimes to debate on this important legislation. untarism in America was born in free- the point of causing it to cease. This is Mr. President, recent congressional dom, and the constriction of it is oc- a very important piece of legislation, findings reveal that our legal liability curring because they do not feel as free and it is about America. It is not very system deters voluntarism. In fact, ac- to do it. They fear harm. They fear ret- complicated—12 pages. But it is right cording to the testimony given before a ribution. They fear consequences. They near and sitting up beside the heart congressional committee last year, one fear for their families. So they alter and soul of who we are as a people. We in six volunteers withholds his or her their activity, and the Nation and the need to get this done. services due to the fear of exposure to neighbor suffer. This legislation is de- Mr. President, I yield the floor. I see a lawsuit. That is the system that we signed to remove the fear and come we have been joined by the distin- have unfortunately devised. If that fig- back to the genesis of freedom to make guished Senator from—Alaska. ure is applied to the number of volun- choices, freedom to help the person The PRESIDING OFFICER. Who teers in nonprofit organizations alone, cross the street or the person suffering seeks time? we might see as many as 100,000 have from the flood that was described yes- Mr. MURKOWSKI addressed the had to decline to serve because of the terday. Chair. fear of being sued. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3867 America’s litigation explosion forces mon-sense reforms will create an at- Protection Act will do that, and so will nonprofit organizations to spend an mosphere which will nurture volunta- the legislation that I am introducing. ever-increasing amount of time and re- rism. This legislation will foster the Volunteers who provide transport serv- sources preparing for and avoiding law- spirit of voluntarism, not just speak ices should be allowed to deduct such suits. The American Society of Asso- about it at a photo op. costs at a rate which fairly reflects ciation Executives testified before Con- For centuries, volunteers in America their true out-of-pocket costs, and this gress last year that the association’s have fed our hungry, sheltered our is precisely what the bill does. liability insurance premiums increased homeless, instilled values in our youth. I urge my colleagues to join with me an average of 155 percent; one in eight Volunteers are vital, as we know, to in sponsoring this important legisla- nonprofit organizations reported an in- our survival as a moral nation. It is tion. crease of insurance premiums of 300 time we gave volunteers something in Mr. President, I have a letter of sup- percent alone. This has put some of our return, and that something is this leg- port for my bill from the American Le- most revered nonprofit organizations islation that will protect them from gion. I ask unanimous consent that at risk. frivolous and outrageous legal attacks this letter be printed in the RECORD. For example, Dr. Creighton Hale of that are the result of a judicial system There being no objection, the letter Little League Baseball reports that the in desperate need of reform. was ordered to be printed in the liability rate for a league increased Finally, there is something else I be- RECORD, as follows: from $75 to $795, in the last 5 years. Be- lieve we should do to encourage the THE AMERICAN LEGION, cause most leagues cannot afford such volunteer spirit in America. This is to Washington, DC, April 24, 1997. an expense, many operate without in- allow volunteers to get a more realistic Hon. FRANK MURKOWSKI, tax deduction for their travel costs as- Member, U.S. Senate, surance. Some have, unfortunately, Washington, DC. been disbanded altogether. The bill be- sociated with charitable activities. DEAR SENATOR MURKOWSKI: The American fore us protects volunteers from liabil- Later today, I, along with Senator Legion fully supports the ‘‘Charitable Travel ity unless they cause harm through COCHRAN, will be introducing the Char- Equity Act of 1997,’’ to amend the Internal reckless or criminal conduct. itable Equity Mileage Act of 1997. This Revenue Code of 1986 to increase the stand- This common-sense approach legisla- bill will increase the standard mileage ard mileage rate deduction for charitable use tion would put an end to tragic liabil- rate of deduction for charitable use of of passenger automobiles. an automobile from 12 cents a mile to Not only does The American Legion ap- ity cases such a 1990 negligence case in plaud the increase in the mileage rate deduc- which a Chicago jury awarded $12 mil- 18 cents a mile. I think this bill should tion, but more importantly this measure lion to a boy who was injured in a car be unanimously supported by my col- fixes the problem that has not allowed for in- crash. Who was the negligent party? leagues on both sides of the aisle. cremental increases without an act of Con- According to the jury, it was the estate Further, many of our citizens who gress action. The standard mileage rate de- of the volunteer—the estate of the vol- volunteer for charitable activities do duction for business use of passenger auto- unteer, who gave his life attempting to incur expenses for which they are not mobiles has increased significantly while no save that boy. reimbursed. For example, when an indi- adjustments were made in the charitable use Here are just a few other examples of vidual uses his or her automobile to de- rate. Granting the Secretary the authority liver a meal to a home-bound elderly to make prescribed adjustments will provide recent outrageous litigation which fairness and promote additional volunteer- threatens voluntarism. individual or to transport children to ism. In Oregon, a boy on a Boy Scout out- Scouting activities, the volunteer usu- Thank you for your continuous leadership ing suffered a serious injury while ally pays the transportation costs out on behalf of America’s veterans and their de- playing tag football. The court dis- of his or her own pocket with no expec- pendents. missed the original lawsuit filed tations of reimbursement. I believe the Sincerely, against the Boy Scouts, due to an in- costs associated with charitable trans- STEVE ROBERTSON, portation services ought to be deduct- Director, sufficient nexus between the Boy National Legislative Commission. Scouts and the youth’s injury. The in- ible at a rate which fairly represents the individual’s actual costs. This is es- Mr. GRAMM addressed the Chair. jured boy then decided to sue the vol- The PRESIDING OFFICER (Mr. unteers who supervised the game. In pecially important for volunteers liv- ENZI). The Senator from Texas. one of the largest monetary verdicts in ing in rural communities who have to Mr. GRAMM. Mr. President, I ask Oregon history, the jury found the two travel long distances to provide com- unanimous consent to be recognized as volunteers liable for $7 million. munity services. in morning business. When a 10-year-old boy in New Jersey Congress, in 1984, set the standard The PRESIDING OFFICER. Without lost a fly ball in the Sun during Little mileage exemption deduction rate of 12 objection, it is so ordered. cents per mile for individuals who use League practice, the ball dropped and f hit the boy in the eye. The boy’s coach- their automobiles in connection with es were sued for negligence. charitable activities. At the time the BUDGET NEGOTIATIONS In Oklahoma City, a member of an standard mileage rate for business use Mr. GRAMM. Mr. President, we have amateur softball league was so angered of an automobile was 20.5 cents per been in the midst of a filibuster where when he was ejected from a game that mile. In the intervening 13 years, the our President and many of our notable he drove away in a fit of rage and business mileage rate has increased to leaders around the country have gone crashed his car. So what does the eject- 30.5 cents per mile, but the charitable to Philadelphia and called for an ex- ed player do? He files a suit against the rate has remained unchanged at 12 pansion in voluntarism, something umpire. cents per mile because the Treasury that we all believe in, something that According to William J. Cople, a Department does not have the author- America was built on. Washington lawyer who is pro bono ity to adjust the rate. By raising the We have a bill on the floor of the counsel for the Boy Scouts of America, charitable rate to 18 cents a mile, my Senate now to try to protect volun- ‘‘Volunteers have simply been swept legislation, I think, restores the rela- teers from frivolous lawsuits which away in the hysteria of litigation. . . . tionship that existed in 1984 between threaten the whole process, and we are Suits are brought for almost anything, the charitable mileage rate and the in the midst, basically, of a stall and a under any circumstances.’’ What good business mileage rate. In addition, the filibuster by our Democratic colleagues comes from these suits? Well, about all legislation authorizes the Secretary of in opposition to this bill. you can say is that they keep a lot law- Treasury to increase the charitable In this lull, I wanted to take the op- yers in business. mileage rate in the same manner as is portunity to come to the floor of the Mr. President, the bill we are debat- currently allowed for business mileage Senate and, for the first time, publicly ing will help put an end to such unwar- expenses. make a comment on the emerging ranted litigation. This bill creates a All of us agree that, with the chang- budget agreement. system in which plaintiffs sue only for ing role of the Federal Government, we Mr. President, I believe that the good reason and sue only those who are need to do more to encourage volunta- budget agreement that is now emerg- responsible for the damage. Such com- rism in our country. The Volunteer ing is a good political deal, but it is a S3868 CONGRESSIONAL RECORD — SENATE May 1, 1997 bad budget. It is a good political deal which, historically, has acted inde- years away from insolvency, we are because, in a sense, it gives both par- pendently, the Bureau of Labor Statis- going to manipulate the Consumer ties in the negotiation what they want. tics, to try to come up with a measure Price Index and reduce benefits, but we The President in this budget negotia- of what inflation is, what consumer are not going to put those benefits tion gets what he wants. He gets an prices are. back in to saving the Social Security ironclad guarantee that the era of big Obviously, no statistic is perfect. In trust fund. Government is alive and well and guar- fact, we have had a debate in econom- We have the highest tax rates in anteed in Washington, DC. He gets new ics for 40 years about whether the American history. No American has entitlement programs. He gets the re- Consumer Price Index is a good meas- ever lived a day where the aggregate establishment of entitlements that we ure of the cost of living. To listen to tax rate, where you are looking at eliminated in welfare reform. He gets politicians talk about it in the last 4 or taxes at all levels of Government, was more social spending than President 5 years, there is this unanimous opin- as high as it is today. Never; not a day. Carter and nearly twice as much as in ion among professional economists But what we are doing by manipulating the 1960’s under Lyndon Johnson. The that the Consumer Price Index over- our statistics is we are raising taxes on President, in this emerging budget states inflation. Let me say that there working families, and we are all doing agreement, gets the one thing that he are only two economists in the Con- it sort of quasi under the table. cares most about, and that is a guaran- gress, DICK ARMEY and myself, and we I will offer, when we debate the budg- tee that Government is going to con- both oppose the change in the et, an amendment which I think is a tinue to grow and that its presence in Consumer Price Index. In fact, econo- pretty important amendment. In fact, I the American economy and American mists are split on this subject. am going to call it the CPI Social Se- society is going to continue to be domi- No less an authority than Milton curity and Tax Equity Improvement nant. Friedman, Nobel Prize winning econo- Act. What this amendment is going to In a sense, Republican Members of mist, perhaps the best known econo- say very simply is this: That rather Congress get what they want. We get to mist on the planet and probably the than having a bunch of politicians ma- claim a tax cut. We get to claim that most able, has concluded that the CPI nipulate the Consumer Price Index to we have delivered on a campaign prom- may well overstate the rise in private try to cut Social Security benefits and ise we made to let people keep more of prices, but it almost certainly under- raise taxes so we can spend the money, what they earn. There are still negotia- states the cost of living, which is the we ought to go ahead, since this has tions underway as to how big that tax measure that we are using it for. now reached such a political fever cut is going to be. But the problem is And why does the CPI understate the pitch to seize this money and squander that by politically manipulating the cost of living? Because it leaves out the it will not go away, we should leave it Consumer Price Index, something I will No. 1 cost of living for the average to the experts but dedicate the savings talk more about in a moment, what is working family in America. In fact, it to specific purposes. happening is that while on one hand we leaves out an involuntary expenditure So what I am going to propose is two are going to be guaranteeing a cut in that is bigger than health care, hous- things. In the budget, I am going to say taxes in the short run, by manipulating ing, nutrition, and transportation com- whatever we do to change the the measure of inflation upon which bined. The Consumer Price Index does Consumer Price Index, that every the Tax Code is built, we are guaran- not include the cost of Government, penny that comes from raising taxes on teeing increases in tax rates that will, does not include taxes and, therefore, working families ought to go back to over time, offset the cut in taxes that through that exclusion, Milton Fried- those working families to raise the de- we will claim from this budget agree- man argues it understates the true cost pendent exemption and the standard ment as a victory. of living, even though it might under- deduction first back to the level that The President gets what he wants: state the rise in the cost of goods and existed in 1950 in real dollars. Today, more Government and a lot of it. Re- services in the private sector. But the standard deduction is about $2,550. publicans get what they want, and that whether CPI overstates or understates In current-day inflation adjusted dol- is a claim of a short-term tax cut. But the Consumer Price Index, we should lars, in 1950, it was $3,800. let me say the American people do not not have political decisions being made So the first thing we would do with get what they want. The American peo- about economic statistics, and I would these savings that come with increases ple get no fiscal restraint. In the end, have to say, obviously, it was inevi- in taxes from changing the CPI, if Con- the American people will not get a bal- table in the Clinton administration gress does it in the budget, is we would anced budget. In the end, the American that the process of setting statistics take that money rather than letting people are not going to get a stronger was going to become politicized. Congress spend it, the part that comes economy from this budget. In the end, We are looking in this negotiation from raising taxes we use first to raise the American people are not going to underway at mandating, through an as- the standard deduction up to $3,800 a get any lasting tax relief from this sumption that it will happen in the fu- year, and then we would use it to re- budget. ture, a change in the Consumer Price duce marginal tax rates. And those This budget is a great deal for Wash- Index that will raise taxes over a dec- parts of savings that come from cut- ington, but it is a bad deal for America. ade by over $100 billion, and it will ting Social Security benefits, we would This is the kind of budget that comes raise taxes by changing the inflation put back in the Social Security trust about when the two great political par- rate and, therefore, pushing working funds, but we would set up real trust ties stop debating ideas and start con- families more quickly into higher tax funds with it. It would be outside the spiring against the public, conspiring brackets and lowering the value of the Treasury Department. It would not to promote their interest but not work- personal exemption and the dependent count as the internal debt of the Fed- ing either together or in contention to exemption, which are critical factors eral Government, because it is the debt promote the public interest. in calculating the taxes of working of the Federal Government to Social Let me say a little bit about the families. Security beneficiaries. When we pay in- Consumer Price Index and about politi- So the bottom line is, by deciding on terest on that debt, it would count as cizing it. a political basis where Members of an outlay of the Federal Government. America is a country where statistics Congress and the President have de- Today, it does not even count as an matter. Facts are persistent things. cided that we are going to manipulate outlay of the Federal Government Facts have an impact on what happens the Consumer Price Index, we are going when Social Security earns interest. in our country, and the measure of in- through that process to cut Social Se- Finally, we would set up a procedure flation affects everything from how curity and other benefits over a decade where we could look at having a real much you get in Social Security bene- by about $180 billion, and we are going trust fund, including real investments. fits to how much veterans receive in to raise taxes by about $120 billion. I also will introduce a bill that will retirement benefits to how much we What are we going to do with that establish an independent commission pay in taxes to how contracts are nego- money? We are going to spend every made up of all living American Nobel tiated. We have set up an agency penny of it. So Social Security is 15 Prize winners in economics and have May 1, 1997 CONGRESSIONAL RECORD — SENATE S3869 them, in conjunction with the Bureau bad deal in the making. It is a deal emergencies—and I am in favor of dis- of Labor Statistics, review for 6 that is a political deal with political aster relief—but I think it is very in- months the Consumer Price Index and ends. It is a deal that comes about structive that if you look at the num- make a recommendation to the Com- when we move away from the tradi- ber of States we have had floods in, and missioner of Labor Statistics. If she de- tional function of our great political then you look at the fact that we are cides, based on their recommendations, parties, which is to contest, which is to giving disaster assistance to 23 States, which will be made public, to change present competing ideas and then ulti- this disaster is taking on manmade im- the Consumer Price Index, then under mately allow the superior ideas to pre- plications made in Washington, and the the bill I will introduce, the part of vail. This budget really represents disaster is not just flooding houses in savings that come from raising taxes what I am sure will be portrayed in the North and South Dakota and Min- will go back to families to raise the media as great bipartisanship, but in nesota, but it is increasingly runaway standard deduction and cut marginal reality it is the two parties working to- Government spending at the expense of tax rates. The part of savings that gether to claim political victories for the taxpayer and at the expense of the come from the Social Security trust each party without achieving the ob- deficit. fund will go back into it, but into a jective that the American people seek. What I will propose is the amount of real trust fund that will be set up out- So I do not doubt that there will be money we are going to spend for an side the Treasury, and it would be ca- great support for this budget. When emergency this year, spend it, but do pable for the first time in American you claim you are balancing the budg- an across-the-board cut in other pro- history of making real investments. et, when you can demonstrate that we grams to pay for it. Then whatever we I am not here to criticize our leader are creating new entitlements and the spend next year, make it count as part or to criticize Senator DOMENICI for largest social spending that we have of the budget for next year; in other their work on these negotiations. We ever seen since the 1960’s, you are going words, for next year that it be offset all have to do the best job we can do. to have a lot of Democrats who are against other programs that we might We all have to try to achieve what we going to support this budget. When you have spent it on. believe in, and I am sure that if the ne- can claim, no matter how temporary it I know we will have colleagues here gotiations are completed along the may be—with the procedures in this who will jump up and say, well, we lines that they have negotiated them, budget, we will over time raise income have people who have been flooded out that they will believe they have gotten taxes—but when you can claim that we of their homes. And we do. And we the best agreement they can get. But I are cutting taxes, even for a short pe- should help them. But shouldn’t we pay cannot and do not support an agree- riod of time, there are going to be some for it? What family would not like to say, ment where the President gets what he Republicans who find this agreement when Johnny falls down the steps and wants, a guarantee of big Government to their liking. breaks his arm, ‘‘Well, look. We don’t in perpetuity, new entitlement spend- Finally, there is pressure on us all, have any money. We have planned to ing, social spending the likes of which and there should be, to find a com- go on vacation this year’’ or ‘‘we were we have not seen since the 1960’s; Con- promise to balance the budget, to work going to buy a new refrigerator this gress gets what it wants, the ability to with the President. But I do not see an year. So we are just going to have to claim a tax cut, even though by manip- effort here to work with the President assume that Johnny’s arm gets fixed, ulating the measure of inflation, we to solve the problem. I do not see an ef- and it would be nice if somebody would raise taxes and, over time, offset that fort here to work with the President to come in from Heaven and just give us tax cut. gain control of spending. Both parties The problem is the President gets the money.’’ But that does not happen campaigned in the last election on con- in American families. What they have what he wants politically, Congress trolling spending. There is no effort to do is they have to go back and they gets what Congress wants politically, here to control spending. In fact, there have to not buy that new refrigerator but the American people do not get is a conspiracy here, a bipartisan one, or they have to not go on vacation. what they want politically. They want to increase spending. I do not see an ef- What I am saying is, help people who a real budget; they want fiscal re- fort here to guarantee and lock in a have been the victims of natural disas- straint. Nobody can claim that this balanced budget. I see an effort here to ter, but do not create a financial disas- budget exercises fiscal restraint. No- assume a balanced budget, so I see bi- ter by simply adding it to the deficit. body—Democrat, Republican—no one partisanship all right, but it is biparti- Let us provide disaster assistance, but can look at this budget and say that a sanship basically to achieve a political let us cut other programs that now, tough decision has been made, that goal for each political party. I do not with these disasters, we cannot afford. spending has been controlled. There is see bipartisanship to achieve a goal for Let me also note that this is not un- no fiscal restraint in this budget. America. expected. We have had a disaster every While we will be able to claim a Let me touch on two final points and year that President Clinton has been in short-term tax cut, the reality is there then I will yield the floor. office and we have not had the money is no permanent tax cut when you fac- We are going to bring up next week a to pay for it because we did not write tor in the change in consumer prices in supplemental appropriations bill. That it into our budget. It has averaged this budget. We do not guarantee in supplemental appropriations bill, for about $7 billion a year. There is noth- this budget a balanced budget. In fact, all practical purposes, raises the deficit ing unexpected. Every year in America this budget begins by assuming a bal- $8.4 billion, though there are some off- we have floods or hurricanes or torna- anced budget, for all practical pur- sets in the defense area. does or earthquakes. We know it is poses. By changing the underlying as- I remember when we had 43 Members going to happen. When we do not write sumptions in this budget, if we simply of the Senate who were Republicans, the money in our budget to pay for it, went with a spending level set out in and the Democrats tried to bring up a all we are doing is saying, let us bor- discretionary spending in current law, $17 billion so-called economic stimulus row the money and just keep spending. which is $4 billion for next year below package, and we blocked it. We now My answer is, let us pay for it by cut- what we are spending now—that is the have 55 Republicans, and yet next week ting other Government programs. law of the land—and we did nothing we are going to bring up an $8.4 billion I do not believe, Mr. President, that else under the assumptions of this spending bill where virtually every amendment is going to be adopted. budget, for all practical purposes, we penny of it is going to raise the deficit. There is no constituency that I can de- would have a balanced budget. We are already spending $22 billion termine in the Congress for controlling So a balanced budget is not achieved above what we said in our 1996 budget spending. But we are going to vote on by this budget; it is assumed by this we would be spending on discretionary it. We are going to know where people budget. In the end, this budget gives spending this year. stand on this issue. both political parties what they need I intend to offer an amendment next The final point I want to mention is politically, but it does not give the week. That amendment is going to do on the so-called CR. We all know that American people what they need and, two things. No. 1, it is going to say when the Government shut down, peo- as a result, I am not for it. This is a every penny we spend this year on ple were dislocated. I would have to say S3870 CONGRESSIONAL RECORD — SENATE May 1, 1997 that I think the President did an ex- Members in the House of Representa- judges and we are now in the fifth ceptional job politically of exploiting tives, the Republican Party has a ma- month. There are 100 vacancies. We it. I admire him for it. I think we did jority of the Members in the Senate of have had several vacations this year an inept job of explaining that in fact the United States. All they have to do, and we are now in May, even though the President vetoed the bill and shut if they have a budget they prefer to the budget resolution is supposed to be the Government down. anything the President has, is bring it here April 15. I think before we pass But in an unusual effort to have good forward and pass it. They have enough any more laws that allow us to escape Government, what Republicans are votes to pass it. And the President can- the responsibility for carrying out our saying on this appropriations bill we not even veto it; it is a budget resolu- actions in this body, we ought to do are going to vote on next week is, look, tion. So it is a little bit disingenuous what we are supposed to do. before we get into any disputes with to suggest that somehow the President (The remarks of Mr. LEAHY pertain- the President, let us just agree that if or anybody else is winning on this. ing to the introduction of S. 678 are lo- at any point during the year we cannot The Republican Party has the major- cated in today’s RECORD under ‘‘State- agree on how much money to spend to ity of votes in the House and the Sen- ments on Introduced Bills and Joint keep the Government open, that we ate. A budget resolution cannot be ve- Resolutions.’’) will keep it open temporarily at 98 per- toed. All they have to do is pass it. In f cent of the spending we spent last year, fact, the law requires that they pass it VOLUNTEER PROTECTION ACT OF which, by the way, is substantially by April 15—I mean, April 15 of this 1997 above the budget that we adopted last year, not next year. The law also re- year. quires that you and I, Mr. President, The Senate continued with the con- Our Democratic colleagues are say- file our income taxes by April 15. If we sideration of the bill. ing, ‘‘Well, no, we can’t do that. We do not, we get a knock on the door Mr. LEAHY. Mr. President, going can’t set out that if we can’t reach an from the IRS. Apparently nobody is back to the matter at hand, all of us agreement we will simply spend 98 per- going to knock on the door when the support the concept of volunteers cent of last year’s level.’’ They are say- Congress did not pass a budget resolu- working to help. In fact, this country ing that somehow we are trying to im- tion by April 15. could not make it without volunteers. But I suggest, before anybody goes pose priorities on the President. What I think of those volunteers in the re- tearing too hard after the President or we are trying to do is to guarantee that cent disastrous floods in the Dakotas anybody else that may have been nego- who worked 16- and 20-hour days to we do not have a shutdown in Govern- tiating a budget, with all due respect ment. I think our proposal is emi- pack sandbags, sometimes to protect to my friends on the other side of the homes and property and businesses of nently reasonable. And I intend to sup- aisle, if they do not like it, just pass port it. I do not intend to vote for this people they did not know and probably their own. They could have followed never would know. They just showed supplemental appropriations bill if we the law and passed one by April 15. do not have this provision to prevent a up, volunteered, and did it. They did not. I will not chastise them I think what happens, sometimes we fiscal disaster written into it. for not obeying the law, even though I think it is time for us to understand will get hit with a vicious storm in my they want the rest of us to. But just part of the world, power lines will come that we have an obligation, No. 1, to pass it, if you like. You can do it. I will pay for these bills, and, No. 2, to try to down, electricity will be out, and peo- also say, as far as passing an automatic ple gather to volunteer and help. I set out some way of gaining control of continuing resolution, whoa Nellie, runaway Federal spending. The prob- think of some people I have seen in that has nothing to do with cutting times when I have had the opportunity lem in Washington is still spending. We budgets. I am perfectly happy to vote to volunteer in what we call our Clean- are still not controlling it. That is for budget cuts. I voted for more suc- up Day. Cleanup Day in Vermont was what this debate is about. cessful budget cuts than an awful lot of begun by a dear friend and former Gov- I yield the floor. people in this body, I mean those that ernor of Vermont, Dean Davis. This is Mr. LEAHY addressed the Chair. actually passed in the Appropriations The PRESIDING OFFICER. The where thousands of Vermonters all Committee and elsewhere. Chair recognizes the Senator from Ver- But this idea of some kind of an over the State go out at this time of mont. automatic continuing resolution is just year—the snows are gone, we hope— Mr. LEAHY. Mr. President, as some a law that says we do not have to do and we will pick up trash all over the of my colleagues know, I was consider- our work. Now, by the end of Septem- State, beautify our roads, our streams. ing introducing, as a substitute to the ber we have to pass 13 appropriations In fact, I recall when my daughter bill by the distinguished Senator from bills. If we all just go off and take an- was the State director, and I went with Georgia and others, the bill of the dis- other vacation, do not pass them, then her and some others. We saw a little tinguished gentleman from Illinois, this law proposed by the Senator from piece of metal sticking up in a stream Mr. PORTER, as introduced in the other Texas and others would kick in, and and we decided to pull it, and more of body. I am withholding that because nobody would even know if we were out us pulled, and pulled and pulled, and we staff from my office and staff of the of town. got a car hooked up and pulled and distinguished Senator from Georgia I prefer we do our work. Maybe some pulled, and out came a sink—a whole and others have been talking about of the same people, some of the same sink. Somebody had tossed it in there. some additional amendments to the people who were unable to come up We cleaned it up. I hope that stream pending legislation that, if acceptable with a budget by April 15, who refused was better as a result. to all sides, would improve a number of to follow the law to come up with a I think of the men and women who the concerns that the Senator from budget by April 15, want this new wrin- work with children in my State, the Vermont has with the pending legisla- kle, this unprecedented wrinkle of ba- volunteers who work with the 4–H tion, concerns I will not go into again sically passing appropriations bills in Club, for example. During my 8 years here because the Senator from Ver- advance, because if you pass this law, as a prosecutor in Vermont, I went mont has discussed them on a number this continuing resolution, we can just back through the records of all those of occasions on the floor. go home. Maybe the American people who came in our juvenile courts in the While I was waiting to make that an- would like that, but I do not think we county where I was the States attorney nouncement, though, I could not but are meeting our responsibilities. So I or district attorney. We had about a hear some comments of the Senator think we should stop the gimmicks in quarter of the population. During 8 from Texas regarding the budget. the appropriations bills. And this is years in that juvenile court, we never Frankly, I will say to my friend from just one more. It is not an issue of had a person in there who had been ac- Texas or anybody else, if they are not whether you want to cut budgets or tive in 4–H or active in Scouting. Those happy with the recommendations being not. It is an issue of whether we do our people worked so hard at it and learned made by the White House or Demo- work. good basic values, but they had a lot of cratic Senators or anything else, the We have had several vacations this adults who volunteered to help in those Republican Party has a majority of the year and we confirmed two Federal operations. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3871 I daresay that every single Member made up most of the hearing—speeches we can say yes to the President’s call of this body is for volunteers. What I from Senators—but also answered the and yes to Nancy Reagan, when she am concerned about in this particular occasional questions with candor and said, ‘‘I hope from now on when some- bill is that it was introduced, we never integrity. It does not mean everyone body asks for a helping hand, you just had a hearing, we have never had dis- will agree with her answers. say yes.’’ This helps American volun- cussion of some of the problems—and She sure showed a streak of inde- teers do just what she requested: Just there are some significant legal prob- pendence, a streak that may have both- say yes. lems in it—and I think that of late the ered some, because she showed a will- Mr. President, I suggest the absence Senate has been acting that way, just ingness to look into inappropriate ac- of a quorum. taking up a big piece of legislation and tivity by Members of Congress as well The PRESIDING OFFICER. The rushing to the floor with it. as just at the White House, a matter clerk will call the roll. I raised a concern that various hate that I realize has caused some con- The legislative clerk proceeded to groups might be protected with their sternation to some on the Hill, but I call the roll. volunteers under this bill. The Senator think it is only fair. If we look at one Mr. BINGAMAN. Mr. President, I ask from Georgia, the Senator from Ver- end of Pennsylvania Avenue, we should unanimous consent that the order for mont, and all the others both for and look at the other end. I am sure the the quorum call be rescinded. against this have a total abhorrence of distinguished Presiding Officer and The PRESIDING OFFICER. Without hate groups. There is not a single Mem- others would agree with me in that re- objection, it is so ordered. ber of this body that will stand for the gard. Mr. BINGAMAN. Mr. President, I ask kind of thing that so many hate groups Let us go to the bill at hand, let us unanimous consent that I be allowed to stand for. continue to work together. The Sen- speak for up to 10 minutes as in morn- What I have suggested is they should ator from Georgia has been dealing in ing business. be looked at carefully. How do you good faith, and he knows the Senator The PRESIDING OFFICER. Without make sure that even beyond the prohi- from Vermont has. We will continue to objection, it is so ordered. bitions against hate crimes that are in work and see if we can find something, f the bill that we have the prohibitions I hope, very soon. THE SUPPLEMENTAL against immunizing various hate I see the Senator from Georgia on the APPROPRIATIONS BILL groups? Do we immunize the volun- floor, and I yield the floor. teers, and do we go further and immu- The PRESIDING OFFICER. The Mr. BINGAMAN. Mr. President, I nize large organizations that might Chair recognizes the Senator from want to speak a little bit about the utilize volunteers and might not take Georgia. supplemental appropriations bill, the kind of care they should for the Mr. COVERDELL. I thank the Sen- which I gather will be on the floor here people that come in there, absent those ator from Vermont for his remarks and probably next week, and this issue volunteers, or absent that immuniza- his interest and dedication to the ef- which has come to light about the ef- tion? fort. fort to put a so-called continuing reso- Let me give an example. If you have I respond to him that, indeed, the ef- lution onto the supplemental appro- a large for-profit hospital, the kind of fort to try to mesh the concerns on priations bill. I want to just try to hospital where some of the administra- both sides is eagerly being addressed make sense out of that as best I under- tors and owners of it will make mil- right here at the moment, and there stand it and describe my recollection of lions of dollars a year, where the daily are some positive indications, and I am things. care of the patients—nurses, nurses hopeful that between the Senator from There has been a lot of talk in the aides and others, of course, make a Vermont and his staff and ours and last few days about the shutdown of tiny infinitesimal fraction of that—are others that are interested in the sub- Government that occurred in the last augmented by people who willingly ject, that we can show some very posi- Congress. I was here at that time and I come in and volunteer in those hos- tive, bipartisan effort here maybe in remember the occasion. What was hap- pitals, who are not the millionaire ad- the next couple of hours or so. Again, I pening, as I recall it, was that the ministrators, do we want to set it up so thank him for the effort to create the President indicated very clearly in the millionaire directors are somehow atmosphere that would allow us to per- public statements and private state- removed from that because they were haps bring resolution to this matter ments, in a variety of ways, that he wise enough to bring some volunteers this afternoon yet. would not sign appropriations bills in? Now, I do not think anybody wants Mr. President, I also say I think it is that contained major cuts in education to do that. fair to note that the issue has been be- and some of the funds for enforcement So let us look at this legislation. As fore the Congress in one form or an- of the environmental laws in particu- I said, I think we could have avoided other since 1985. This is the first time lar. Those were areas of great concern several days of discussion and cloture that we have really had legislation— to the President. He indicated that he votes and everything else if we had just that is 12 years. So we are really not wanted Congress to agree with him to done what we normally do or should do dealing with a subject matter for which maintain funding in those areas—not around here, and that is have a hearing there is unfamiliarity. We are really necessarily increase it, but at least on it. I am the ranking member of the trying to hasten the coming together. maintain funding in some of those Judiciary Committee, and we are not There is a propensity in Washington areas before he would sign those bills. having to take much time for hearings and in the Congress to mull things a In spite of those statements to that on Federal judges and nominations bit long. We have had a summit in effect, the majority here in Congress even though there are 100 vacancies in Philadelphia where we have had the sent those bills to the President and he the Federal courts. We had time to President and three former Presidents, vetoed them. Accordingly, we had a spend the whole day yesterday to beat 30 Governors and 100 mayors say, ‘‘Now shutdown of the Government. There up on Janet Reno in a hearing. We is the time. Now is the time.’’ They was no funding available through that could have had time to take a couple have called on over 2 million Ameri- appropriations process for those areas hours to hold a hearing on this bill and cans to step forward. We want them to of the Government that were covered probably corrected the problems and be able to step forward and not get by those appropriations bills. So, es- we would have taken up a lot less time tripped up. This is exactly the time for sentially, what was going on was that of the Senate in the long run. us to be addressing this legislation. It the majority in Congress was trying to I found very interesting the hearing has been studied, reviewed, and argued force-feed the President to accept some with Attorney General Reno. At the for 12 years. We are down to, as I have proposals and some cuts in funding end of 7, 8, or 9 hours, whatever it was, said many times, 12 pages. I am very that he was not willing to accept, and I commended her. She had listened to hopeful that people of good faith and that precipitated a crisis. Some felt interminable speeches punctuated by good will on both sides can mesh these strongly. Some in the majority party— an occasional question. She showed 12 pages together and, hopefully, by the the Republican Party—at the time felt equanimity during the speeches, which end of the day, at least in the Senate, strongly enough about it that they S3872 CONGRESSIONAL RECORD — SENATE May 1, 1997 were willing to just keep the Govern- amendment, it would say that if the this year, on the budget resolution and ment shut down and not send another Republican majority in Congress does on the appropriations bills. We can continuing resolution, not agree to not send the President an appropria- have a debate about what the right fund Government at the steady State tions bill he will sign, an acceptable level of spending ought to be in each of level, but to allow the Government to appropriations bill, in any area, there these other areas. stay shut down as a way of gaining le- will be allowed to be continued funding We should not at the very beginning, verage in those negotiations. I believe in those areas at a rate of 2 percent before we have a budget resolution, be- it was on the 18th day of, I think, the less than this current fiscal year. The fore we have any appropriations bills, second shutdown when Senator Dole, difficulty with it, of course, is that it have some kind of legal provision that the leader in the Senate, finally came again changes the dynamic very great- says, unless the President agrees to to the Senate floor and spoke and said ly against a real compromise occurring what the Republican majority in Con- that he believed enough was enough between the Executive and the Con- gress sends him, that he has to settle and he himself was going to urge that gress on these very important funding for a 2-percent cut in all areas: edu- a continuing resolution be passed in issues. cation, environmental protection, and order to go ahead and at least keep the It says to the President, ‘‘Look. Be- all of the other areas. Government funded on a steady-state fore, you had the ability to veto an ap- That is what this continuing resolu- basis while negotiations between the propriations bill which you disagreed tion provision would do. It needs to be President and the Congress continued. with, and then everyone had to go back dropped from the supplemental appro- I came to the floor right after Senator to the table.’’ Now, if we add this con- priations bill if we are going to go Dole spoke, or I was here at the time tinuing resolution provision to the sup- ahead and pass this supplemental ap- he spoke, and I commended him for his plemental, that requirement won’t be propriations and have it signed into decision to break with the House lead- there anymore because there will be no law. It is very important that it be ership and to go ahead, after 18 days of pressure on the Republican Congress to signed into law, and sooner rather than shutdown, and finally go ahead and go back to the table and negotiate fur- later. fund these departments of the Govern- ther with the President. The President Mr. President, I yield the floor. ment. Many of his colleagues here in will, if we send an appropriations bill Mr. President, I suggest the absence the Senate followed his lead after that that he determines is unacceptable for of a quorum. and agreed to go ahead and pass a con- whatever reason and he vetoes it, as The PRESIDING OFFICER. The tinuing resolution to fund those areas called for in the Constitution, then clerk will call the roll. of the Government. there is no pressure on the Republican The bill clerk proceeded to call the That was the shutdown, as I recall it. leaders in Congress to renegotiate. roll. That is a general description of the They will have in place at that point a Mr. COVERDELL. Mr. President, I shutdown that occurred. What we have continuing resolution, which will have ask unanimous consent that the order now is a bill to provide very important been part of the supplemental, which for the quorum call be rescinded. funding for a variety of subjects. It is says we are going to fund everything, The PRESIDING OFFICER. Without all wrapped into this supplemental ap- and, by the way, the funding level is objection, it is so ordered. propriation. It is a supplemental, of going to be 2 percent less than it was in The distinguished Senator from course, because it is not one of the reg- the previous year, or, in the case of Georgia is recognized. ular appropriations bills which we do areas such as education, it is going to f each year. It is a supplemental that be 7 percent less than he requested for comes at an unusual time, and the this year. That will be the steady rate, VOLUNTEER PROTECTION ACT OF time that we are dealing with this has and that will be the continuing situa- 1997 been driven, perhaps as much as any- tion from now on. So there is no pres- The Senate continued with the con- thing, by the natural disasters that sure for the compromise that the Con- sideration of the bill. have occurred in particular parts of the stitution contemplates between the ex- Mr. COVERDELL. Mr. President, we country, in North Dakota, South Da- ecutive branch and the legislative are very hopeful, now that we have got- kota, Minnesota, and in some other branch to occur. I think it is a very ill- ten to S. 543, an accord that deals with areas as well. There are some other advised provision. the views and concerns of both sides provisions in this supplemental which I think the President is taking the can be reached, but that is not the case are also very important. My home right position by saying that he will as yet and I thought I would take just State of New Mexico will be able to re- not agree to this kind of continuing a moment on something I wanted to ceive, under this supplemental, $14 mil- resolution being adopted as part of this acknowledge during the course of the lion of desperately needed highway supplemental. But basically, if the debate. funds, which should have been provided Congress says to the President, I found it very interesting that one of to us under last year’s bill and which I If you want this relief for these flood vic- the periodicals that came out following made a major point about in the last tims, if you want this money for highways in the summit in Philadelphia quoted Congress. We had been fighting to get New Mexico, if you want this money for President Clinton and President Bush. Head Start, or for title I, or any of the other I want to share that with the Senate. this money for over 6 months. We lost provisions in this supplemental, then you it in the last set of appropriations bills. have to agree to a spending level that is 2 President Clinton said: This year, we have been able to per- percent below this current year’s level in all I am keenly aware of the need for strong, suade the appropriators to include it in of these other areas, unless we are able to caring adults in a child’s life. My mother this supplemental, and I think that is a send you something else that is preferable at taught me to see opportunities where others very important step forward. So there a later date. see only challenges. My grandfather took me are provisions in this bill that are im- This is not an acceptable proposal. I with him, visiting with neighbors and teach- ing me about people. My grandmother read portant to my State highway funds, think the President is correct in refus- aloud to me every day so I would be able to title I funds, as well as, of course, the ing to agree to it. read before going to kindergarten. I want provisions that are intended to assist We on the Democratic side are cor- children in every family and community to with the disaster relief, which is so rect in refusing to agree to it. What we have the same chance I did. needed by many families that have should do, and what I believe the President Bush said: American people would like us to do, is been devastated by the weather and by I said it as President and I’ll say it again: the floods that they have experienced to go ahead and approve the supple- Someplace in this country every problem in recent weeks in these areas of the mental appropriations bill, go ahead that plagues us is being solved through vol- Midwest. So that is where we are. and appropriate the funds for flood re- unteerism, whether it’s drug addiction, The problem has come up that there lief, go ahead and appropriate the funds street crime or teenage pregnancy. Some is an amendment being included in the for the additional highway funding, go community, through volunteers, has solved supplemental appropriation that is an- ahead and appropriate the additional the problem. other continuing resolution, and it funds for title I. Then we can have a Both of these Presidents have point- says that essentially if we adopt that debate, as we go through the rest of ed, as most of the summit did, to the May 1, 1997 CONGRESSIONAL RECORD — SENATE S3873 shortfall that is occurring among and that Congress has kept barred for over building any U.S. passenger ship of this for many of the youth of our Nation, 100 years. By opening this door, we are type. And no one has built one in over which is again why I think it is so im- going to create thousands of new jobs, 40 years. The S.S. United States was the portant that S. 543 garner passage here hundreds of millions of dollars in eco- last one. today, because it will free up so much nomic activity, and significant revenue Let me again emphasize that it is not energy to address this problem. for the Federal and State and local 1886 anymore. These days, no one is The other point I want to reiterate is governments. Furthermore, that door building any U.S.-flagged, U.S.-crewed, that when you read through the state- can be opened with no adverse impact U.S.-built cruise ships of the type that ments and the work of General Powell on any existing U.S. industry, U.S. are in the cruise business and sail out and the others at the summit, they are labor interest, or on the environment. of Caribbean ports in the wintertime not only talking about voluntarism but And it will cost the Federal Govern- and out of Vancouver, British Colum- they are talking about voluntarism ment nothing. bia, to Alaska in the summertime. that occurs in very troubled commu- There is no magic to this. In fact, it Because there are no U.S. vessels in nities. They use the terms poisonous is a very simple matter. This bill al- this important trade, the only real ef- streets and difficult environments. lows U.S. seaports to compete for the fect the Passenger Service Act has They are talking about not the every- ever-growing cruise ship trade, specifi- been to force all vessels sailing to my day idea of an American family. They cally to my State of Alaska, but all State of Alaska to base their oper- are talking about people who are prod- west coast ports, Tacoma, San Fran- ations in a foreign port, namely Van- ucts of broken families and very seri- cisco, Los Angeles, and so forth, would couver, British Columbia. ous difficulties. The issue that I have benefit. Further, it would encourage In essence, Mr. President, what we have here is an act of Congress prohib- tried to underscore with regard to S. the development of an all-Alaska iting U.S. cities from competing for 543 is that because these areas are so cruise business as well. thousands of jobs, and for hundreds of troubled and so difficult, it more than The bill I propose amends the Pas- millions of business dollars. This is ab- accentuates the need for some protec- senger Service Act to allow foreign surd. It is worse than absurd. In light tion, legal protection for our volun- cruise ships to operate from U.S. ports of our ever-popular election year prom- teers who are willing to go into this to Alaska and between Alaska ports. ises to keep the economy growing, I area, because they are going into an However, it also very carefully protects suggest it belongs to Letterman’s top environment, they are going into a sit- all existing U.S. passenger vessels by 10 reasons why Congress oftentimes uation that is troubled, volatile, abnor- using a definition of cruise ship de- signed to exclude any foreign flag ves- does not know what it is doing. mal, prone to difficulties and acci- Can anyone argue with a straight sel that could conceivably compete in dents, and conditions that would ele- face for the continuation of a policy the same market as U.S.-flag tour vate the threat of legal ramifications. that fails utterly to benefit any identi- So I think it is important that we are boats, ferries, vessels that carry cargo, fiable American interest, while ac- not talking out of the summit about et cetera. tively discouraging economic growth? some of the more traditional forms of Finally, it provides a mechanism to This is not the first time I have in- voluntarism, many of which are not guarantee that if a U.S. vessel, a cruise troduced this legislation. When I began surrounded with risk, but this call for vessel, ever enters this trade in the fu- the process, Alaska-bound cruise pas- 2 million people to step forward in a ture, steps will be taken to ensure an sengers totaled about 200,000 per year. difficult situation is all the more rea- ample pool of potential passengers. By last year, 445,000 people, most of son this Congress should take steps to Specifically, it would require that for- them American citizens, were making make it easier for those volunteers to eign-flag vessels of greater passenger that voyage. This year’s traffic may step forward. capacity will be required to leave the exceed 500,000 people. Almost all of Mr. President, I see my distinguished market upon the entry of any U.S. those passengers are sailing to and colleague from Alaska has come to the cruise ship. from Vancouver, British Columbia, not floor, and I am glad to yield the floor People say, don’t we have U.S. pas- because Vancouver is necessarily a bet- so that he might make his remarks. senger ships? We have one, just one ter port, but because our own foolish I yield the floor. left: the Constitution, that operates off policy demands it. Mr. MURKOWSKI addressed the the Hawaiian Islands. The last U.S. I have nothing but admiration for my Chair. passenger ship that was built to cruise friends in British Columbia and the The PRESIDING OFFICER. The ship capability, was the S.S. United city of Vancouver. They have done a Chair recognizes the Senator from States, nearly 40 years ago. We are sim- fine job. But we are simply spiting our- Alaska. ply not in the cruise passenger business selves and our own U.S. interests and it Mr. MURKOWSKI. Mr. President, I in the United States anymore, but for- is time we looked at this issue ration- thank my friend from Georgia for his eign ships from the Caribbean are. ally. The cash flow generated by this vigilance on this matter, trying to en- They move to Alaska and the west trade is enormous. Most of these pas- sure that volunteers in this country coast of British Columbia in the sum- sengers fly in and out of Seattle-Ta- are not subject to the extreme liabil- mer, where they carry passengers be- coma International Airport in Wash- ities associated with their actions tween American ports and foreign ington State, but because of this law which, obviously, benefit all of society. ports, but cannot carry passengers be- they spend little time there. Instead I commend him for his commitment. tween U.S. ports. What we are propos- they spend their pre- and post-sailing Mr. President, I ask unanimous con- ing is we simply allow those vessels on time in a Vancouver hotel, in a bus to sent I might make a statement as in the west coast to carry passengers Vancouver, at a Vancouver restaurant, morning business for about 6 or 7 min- from west coast U.S. ports such as San a Vancouver coffee shop, and when utes. Francisco and Tacoma, to Alaska, and their vessel sails it is loaded with food, The PRESIDING OFFICER. Without on intra-Alaska voyages. fuel, general supplies, repair, mainte- objection, it is so ordered. This is a straightforward approach to nance needs taken care of—by Cana- The Senator from Alaska is recog- a vexing problem that deserves support dian vendors. nized. by this body. There is nothing wrong with that, Mr. MURKOWSKI. I thank the Chair. Let us look at the facts. The U.S. but this business could be in the United f ports currently are precluded—let me States. According to some of our esti- emphasize this—U.S. ports are pre- mates, the city of Vancouver receives BENEFITS FROM CRUISE SHIPS cluded from competing for the Alaska benefits of well over $200 million a VISITING ALASKA LEGISLATION cruise ship trade by the Passenger year. Others provide more modest esti- Mr. MURKOWSKI. Mr. President, Service Act of—when? Of 1886. That act mates, such as a comprehensive study yesterday I reintroduced a bill that I bars foreign vessels from carrying pas- done by the International Council of introduced some years ago. I think it is sengers on one-way voyages between Cruise Lines, which indicated that in a very important measure. It is a meas- the U.S. ports. However, it is not 1886 1992 alone, the Alaska cruise trade gen- ure that will unlock and open a door anymore. These days, no one—no one is erated over 2,400 jobs for the city of S3874 CONGRESSIONAL RECORD — SENATE May 1, 1997 Vancouver, plus payments to Canadian cracks in the Jones Act. This bill even approach it are the Delta Queen vendors and employees of over $119 mil- would actually enhance, not impede, and the Mississippi Queen, both of which lion. opportunities for U.S. workers—ship- are approximately 3,300 tons and both If that business had taken place in yard workers and certainly longshore- of which are somewhat like 19th cen- the United States, in U.S. ports such as men, not to mention hotel and res- tury riverboats. They can operate on Tacoma or San Francisco, it would taurant workers, and many others who the Mississippi and other large rivers, have been worth additional Federal, would have a great deal to gain from but are entirely unsuitable for any State and local tax revenues of ap- this legislation. open-ocean itinerary. proximately $60 million. The bill has been carefully written to I cannot claim this legislation would I note that there is interest now in prevent the loss of any existing jobs in immediately lead to increased earnings ports in South Carolina to offer other trades. As I have said before, to U.S. ports. There are advantages of sailings along the eastern seaboard. It Puerto Rico already enjoys an exemp- operating out of Vancouver—the sail- is interesting to note also that we have tion from the Passenger Service Act. ing time to Alaska is shorter, and so already seen fit to exempt Puerto Rico We looked at that exemption—which forth. But I can say that it would allow from the Passenger Service Act, under has worked successfully—and drafted U.S. ports—ports like Tacoma and San less onerous restrictions than in this this effort with even more care in Francisco—to compete fairly for this bill, so that foreign vessels are allowed mind. lucrative business. to from the United States to the terri- Finally, there can be no suggestion Instead of being anchored by a rule tory of Puerto Rico. So we have made that this bill might harm smaller U.S. that is actively harmful to U.S. inter- these exceptions, they can work with- tour or excursion vessels built in U.S. ests, as I said at the beginning, this is out destroying the fabric of our life, yards with U.S. crews. The industry only a way to open the door so we can and there is no justification why this featuring these small vessels is thriv- look at what we are losing and look at should not also be done for voyages ing and doing well but simply does not what we can gain. from the west coast to Alaska. cater to the same clientele and same We heard a lot of talk about growing In addition to the opportunities now base as the larger cruise ships. For one the economy and creating jobs during being shunted to Vancouver, we are thing, the tour boats operating in Alas- the last years, and we all know that also missing an opportunity to create ka are much smaller. The smallest for- such changes are easy to talk about entirely new jobs and increased income eign flag vessel eligible under this is but difficult to accomplish. Here is a flow by developing new cruise routes Carnival Cruise Lines Wind Star, which bill that opens up the door to thou- between Alaska ports. is about 5,700 gross deadweight tons. It sands of jobs and hundreds of millions The city of Ketchikan, AK, was told overnights approximately 159 pas- of dollars, and can do it without 1 red a few years ago that there were two sengers. cent of the taxpayers’ money. Isn’t relatively small cruise lines that were By contrast, although the largest that worth thinking about? very interested in establishing short U.S. vessel in the Alaska trade is rated It has been 110 years since the cur- cruises within southeastern Alaska, at 138 passengers, she is less than 100 rent law was enacted, and it is time for and indeed, were interested in basing gross deadweight tons. This means a change. their vessels in Ketchikan. I am told there is a vast difference between these f such a business could have contributed two vessels. The small U.S. vessels VOLUNTEER PROTECTION ACT OF as much as $2 million or more to that should be protected from foreign com- 1997 small community’s economy and cre- petition, and our bill does that, but it ated dozens of new jobs, but because of does so with the realization that not The Senate continued with the con- the current policy, the opportunity all markets, and not all passengers, are sideration of the bill. simply evaporated. the same. The PRESIDING OFFICER. The Why, Mr. President, do we allow this The fact of the matter is that there Chair recognizes the Senator from to happen? This is a market almost en- is no significant competition between Georgia. tirely focused on U.S. citizens going to the two types of vessels, because the Mr. COVERDELL. Mr. President, I see one of the most spectacular States passengers inclined to one are not like- ask unanimous consent that during the of the United States, namely, Alaska, ly to be inclined to the other. The larg- pendency of S. 543, there be 30 minutes and yet we force them to go to another er passenger vessels offer unmatched for debate, to be equally divided be- country, Canada, to do it. We are luxury, personal service, onboard shop- tween Senators COVERDELL and LEAHY throwing away both jobs and money ping, entertainment, gaming and so or their designees, with an additional and getting nothing in return. Why is forth. The smaller vessels offer more 15 minutes under the control of Sen- this allowed to happen? The answer is flexible routes, the ability to get closer ator MCCONNELL; that there be one simple, but it is not rational. to the extraordinary natural attrac- amendment in order only, to be offered Although the current law is a job tions along the way and are able to get by Senator COVERDELL, encompassing loser, there are those who argue that into the smaller communities. the managers’ agreed-upon language, any change would weaken U.S. mari- Now Mr. President, in the spirit of that there be 40 minutes of debate on time interests. I submit that simply is full disclosure, let me acknowledge the amendment to be equally divided not the case. For some inexplicable that there is one operating U.S. vessel between Senators COVERDELL and reason, paranoia seems to run deep that does not fit the mold, as I men- LEAHY or their designees, that no other among those who oppose this bill. They tioned earlier. That is the Constitution, amendments or motions be in order seem to feel that, by amending the an aging 30,000-ton vessel operating and, following the disposition of the Passenger Service Act so that it makes only in Hawaii. It was a U.S. flag vessel amendment, the bill be advanced to sense for the United States and would that was built years ago to operate in third reading and there be an addi- create jobs, somehow it is a threat to the United States. It went out of U.S. tional 10 minutes for debate to be the Jones Act. That is not true. The operation, into foreign flag service, equally divided between Senators vessels covered under the Jones Act then was refitted. It took action by COVERDELL and LEAHY. haul freight, not passengers, between Congress to allow it to come back into Mr. President, this agreement has U.S. ports. They are required to be U.S. the U.S. trade. been cleared by the ranking minority built, U.S. crewed, and U.S. docu- This is the only oceangoing-capable member. mented, and because this protects an U.S. ship that might fit the description The PRESIDING OFFICER. Without existing industry, we support that. But of a cruise vessel, but I question its objection, it is so ordered. the circumstances for freight vessels do ability to compete, certainly in the AMENDMENT NO. 53 not exist for passenger ships. market with the newer cruise vessels. (Purpose: To provide a complete substitute.) There is simply no connection what- And I repeat, it is the only one. I Mr. COVERDELL. Mr. President, I soever between the two issues. I have searched for other U.S. vessels that send the amendment to the desk. repeatedly made it clear that I have no meet or exceed the 5,000-ton limit in The PRESIDING OFFICER. The intention of using this bill to create the bill, and the only ones I found that clerk will report. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3875 The assistant legislative clerk read gram beneficiaries and taxpayers and to sus- (2) A State law that makes the organiza- as follows: tain the availability of programs, nonprofit tion or entity liable for the acts or omissions The Senator from Georgia [Mr. organizations, and governmental entities of its volunteers to the same extent as an employer is liable for the acts or omissions COVERDELL], for himself, Mr. LEAHY, Mr. that depend on volunteer contributions by of its employees. ASHCROFT, Mr. MCCONNELL and Mr. ABRA- reforming the laws to provide certain protec- HAM, proposes an amendment numbered 53. tions from liability abuses related to volun- (3) A State law that makes a limitation of teers serving nonprofit organizations and liability inapplicable if the civil action was Mr. COVERDELL. Mr. President, I governmental entities. brought by an officer of a State or local gov- ask unanimous consent that reading of SEC. 3. PREEMPTION AND ELECTION OF STATE ernment pursuant to State or local law. the amendment be dispensed with. NONAPPLICABILITY. (4) A State law that makes a limitation of The PRESIDING OFFICER. Without (a) PREEMPTION.—This Act preempts the liability applicable only if the nonprofit or- objection, it is so ordered. laws of any State to the extent that such ganization or governmental entity provides a The amendment is as follows: laws are inconsistent with this Act, except financially secure source of recovery for in- Strike all after the enacting clause and in- that this Act shall not preempt any State dividuals who suffer harm as a result of ac- sert the following: law that provides additional protection from tions taken by a volunteer on behalf of the SECTION 1. SHORT TITLE. liability relating to volunteers or to any cat- organization or entity. A financially secure This Act may be cited as the ‘‘Volunteer egory of volunteers in the performance of source of recovery may be an insurance pol- Protection Act of 1997’’. services for a nonprofit organization or gov- icy within specified limits, comparable cov- SEC. 2. FINDINGS AND PURPOSE. ernmental entity. erage from a risk pooling mechanism, equiv- The Congress finds and declares that— (b) ELECTION OF STATE REGARDING NON- alent assets, or alternative arrangements that satisfy the State that the organization (1) the willingness of volunteers to offer APPLICABILITY.—This Act shall not apply to their services is deterred by the potential for any civil action in a State court against a or entity will be able to pay for losses up to liability actions against them; volunteer in which all parties are citizens of a specified amount. Separate standards for (2) as a result, many nonprofit public and the State if such State enacts a statute in different types of liability exposure may be private organizations and governmental en- accordance with State requirements for en- specified. (e) LIMITATION ON PUNITIVE DAMAGES tities, including voluntary associations, so- acting legislation— BASED ON THE ACTIONS OF VOLUNTEERS.— cial service agencies, educational institu- (1) citing the authority of this subsection; (1) GENERAL RULE.—Punitive damages may tions, and other civic programs, have been (2) declaring the election of such State not be awarded against a volunteer in an ac- adversely affected by the withdrawal of vol- that this Act shall not apply, as of a date tion brought for harm based on the action of unteers from boards of directors and service certain, to such civil action in the State; and a volunteer acting within the scope of the in other capacities; (3) containing no other provisions. (3) the contribution of these programs to volunteer’s responsibilities to a nonprofit or- their communities is thereby diminished, re- SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- ganization or governmental entity unless the TEERS. sulting in fewer and higher cost programs claimant establishes by clear and convincing (a) LIABILITY PROTECTION FOR VOLUN- than would be obtainable if volunteers were evidence that the harm was proximately participating; TEERS.—Except as provided in subsections (b) caused by an action of such volunteer which (4) because Federal funds are expended on and (d), no volunteer of a nonprofit organiza- constitutes willful or criminal misconduct, useful and cost-effective social service pro- tion or governmental entity shall be liable or a conscious, flagrant indifference to the grams, many of which are national in scope, for harm caused by an act or omission of the rights or safety of the individual harmed. depend heavily on volunteer participation, volunteer on behalf of the organization or (2) CONSTRUCTION.—Paragraph (1) does not and represent some of the most successful entity if— create a cause of action for punitive damages public-private partnerships, protection of (1) the volunteer was acting within the and does not preempt or supersede any Fed- volunteerism through clarification and limi- scope of the volunteer’s responsibilities in eral or State law to the extent that such law tation of the personal liability risks assumed the nonprofit organization or governmental would further limit the award of punitive by the volunteer in connection with such entity at the time of the act or omission; damages. participation is an appropriate subject for (2) if appropriate or required, the volunteer (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- Federal legislation; was properly licensed, certified, or author- ITY.— (5) services and goods provided by volun- ized by the appropriate authorities for the (1) IN GENERAL.—The limitations on the li- teers and nonprofit organizations would activities or practice in the State in which ability of a volunteer under this Act shall often otherwise be provided by private enti- the harm occurred, where the activities were not apply to any misconduct that— ties that operate in interstate commerce; or practice was undertaken within the scope (A) constitutes a crime of violence (as that (6) due to high liability costs and unwar- of the volunteer’s responsibilities in the non- term is defined in section 16 of title 18, Unit- ranted litigation costs, volunteers and non- profit organization or governmental entity; ed States Code) or act of international ter- profit organizations face higher costs in pur- (3) the harm was not caused by willful or rorism (as that term is defined in section chasing insurance, through interstate insur- criminal misconduct, gross negligence, reck- 2331 of title 18) for which the defendant has ance markets, to cover their activities; and less misconduct, or a conscious, flagrant in- been convicted in any court; (7) clarifying and limiting the liability risk difference to the rights or safety of the indi- (B) constitutes a hate crime (as that term assumed by volunteers is an appropriate sub- vidual harmed by the volunteer; and is used in the Hate Crime Statistics Act (28 ject for Federal legislation because— (4) the harm was not caused by the volun- U.S.C. 534 note)); (A) of the national scope of the problems teer operating a motor vehicle, vessel, air- (C) involves a sexual offense, as defined by created by the legitimate fears of volunteers craft, or other vehicle for which the State re- applicable State law, for which the defend- about frivolous, arbitrary, or capricious law- quires the operator or the owner of the vehi- ant has been convicted in any court; suits; cle, craft, or vessel to— (D) involves misconduct for which the de- (B) the citizens of the United States de- (A) possess an operator’s license; or fendant has been found to have violated a pend on, and the Federal Government ex- (B) maintain insurance. Federal or State civil rights law; or pends funds on, and provides tax exemptions (b) CONCERNING RESPONSIBILITY OF VOLUN- (E) where the defendant was under the in- and other consideration to, numerous social TEERS TO ORGANIZATIONS AND ENTITIES.— fluence (as determined pursuant to applica- programs that depend on the services of vol- Nothing in this section shall be construed to ble State law) of intoxicating alcohol or any unteers; affect any civil action brought by any non- drug at the time of the misconduct. (C) it is in the interest of the Federal Gov- profit organization or any governmental en- (2) RULE OF CONSTRUCTION.—Nothing in this ernment to encourage the continued oper- tity against any volunteer of such organiza- subsection shall be construed to effect sub- ation of volunteer service organizations and tion or entity. section (a)(3) or (e). contributions of volunteers because the Fed- (c) NO EFFECT ON LIABILITY OF ORGANIZA- SEC. 5. LIABILITY FOR NONECONOMIC LOSS. eral Government lacks the capacity to carry TION OR ENTITY.—Nothing in this section (a) GENERAL RULE.—In any civil action out all of the services provided by such orga- shall be construed to affect the liability of against a volunteer, based on an action of a nizations and volunteers; and any nonprofit organization or governmental volunteer acting within the scope of the vol- (D)(i) liability reform for volunteers will entity with respect to harm caused to any unteer’s responsibilities to a nonprofit orga- promote the free flow of goods and services, person. nization or governmental entity, the liabil- lessen burdens on interstate commerce and (d) EXCEPTIONS TO VOLUNTEER LIABILITY ity of the volunteer for noneconomic loss uphold constitutionally protected due proc- PROTECTION.—If the laws of a State limit vol- shall be determined in accordance with sub- ess rights; and unteer liability subject to one or more of the section (b). (ii) therefore, liability reform is an appro- following conditions, such conditions shall (b) AMOUNT OF LIABILITY.— priate use of the powers contained in article not be construed as inconsistent with this (1) IN GENERAL.—Each defendant who is a 1, section 8, clause 3 of the United States section: volunteer shall be liable only for the amount Constitution, and the fourteenth amendment (1) A State law that requires a nonprofit of noneconomic loss allocated to that de- to the United States Constitution. organization or governmental entity to ad- fendant in direct proportion to the percent- (b) PURPOSE.—The purpose of this Act is to here to risk management procedures, includ- age of responsibility of that defendant (de- promote the interests of social service pro- ing mandatory training of volunteers. termined in accordance with paragraph (2)) S3876 CONGRESSIONAL RECORD — SENATE May 1, 1997 for the harm to the claimant with respect to we might get this piece done. There are The PRESIDING OFFICER. The which that defendant is liable. The court conditions that are affecting certain Chair recognizes the Senator from shall render a separate judgment against Members that would require, hopefully, Georgia. each defendant in an amount determined we could vote as close to 2 o’clock as Mr. COVERDELL. Mr. President, let pursuant to the preceding sentence. me give the disposition of our situation (2) PERCENTAGE OF RESPONSIBILITY.—For possible. purposes of determining the amount of non- Mr. President, I want to explain to on S. 543. We are trying to commu- economic loss allocated to a defendant who our colleagues. First, I thank the rank- nicate to the principal authors so that is a volunteer under this section, the trier of ing member, the Senator from Ver- they might have a chance to make fact shall determine the percentage of re- mont, Senator LEAHY. It has been a closing comments with regard to the sponsibility of that defendant for the claim- long week for both of us. He and his amendment that I have submitted, and ant’s harm. staff and colleagues have worked dili- we are still endeavoring to try to vote SEC. 6. DEFINITIONS. gently with this Senator and his staff between 2 and 2:15. For purposes of this Act: While we are waiting for those Sen- (1) ECONOMIC LOSS.—The term ‘‘economic and colleagues throughout the morning to arrive at the amendment that has ators to arrive, I will talk about what loss’’ means any pecuniary loss resulting the passage of this bill will mean, an from harm (including the loss of earnings or just been forwarded to the desk under achievement that will be secured in the other benefits related to employment, medi- unanimous consent. Senate. cal expense loss, replacement services loss, This substitute adds a finding to loss due to death, burial costs, and loss of We will have effectively responded to clarify the Federal role in civil liabil- a circumstance that has been develop- business or employment opportunities) to ity matters related to voluntarism. the extent recovery for such loss is allowed ing since the mid-1980’s when volun- under applicable State law. The substitute clarifies the State opt- teers suddenly found themselves the (2) HARM.—The term ‘‘harm’’ includes out section, to ensure the provision targets of lawsuits in the act of vol- physical, nonphysical, economic, and non- does not supersede State requirements unteering. Prior to that time, very lit- economic losses. for enacting legislation and allows for tle of this type of legal allegation oc- (3) NONECONOMIC LOSSES.—The term ‘‘non- States to include an effective date. The curred. We have discovered that volun- economic losses’’ means losses for physical substitute clarifies the punitive dam- and emotional pain, suffering, inconven- tarism has been chilled and threatened age protections only relate to cases and pushed back and been less exuber- ience, physical impairment, mental anguish, that are based on the actions of the disfigurement, loss of enjoyment of life, loss ant. Volunteers’ behavior is even dif- of society and companionship, loss of consor- volunteer and do not supersede more ferent when they do volunteer because tium (other than loss of domestic service), restrictive Federal or State laws. of the threat of legal consequences. hedonic damages, injury to reputation and The substitute would clarify that the When we pass this legislation, S. 543, all other nonpecuniary losses of any kind or specific exemptions in the bill for cases and hopefully ultimately pass it in the nature. of violent crime, sex offenses, hate House and send it to the President and (4) NONPROFIT ORGANIZATION.—The term crimes, civil rights violations, and he signs it, we will have created a pro- ‘‘nonprofit organization’’ means— DUI, do not restrict the general exemp- tective buffer, a shield for the well- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 tion where the harm was willful or meaning volunteer, the volunteer who and exempt from tax under section 501(a) of criminal misconduct, gross negligence, experiences a simple accident or omis- such Code; or reckless misconduct or conscious, fla- sion. We have heard some of the stories (B) any not-for-profit organization orga- grant indifference to the rights or safe- on the floor of the Senate. A coach who nized and conducted for public benefit and ty of the individual harmed. has a player who inadvertently slides operated primarily for charitable, civic, edu- The substitute clarifies that the joint into home head first instead of feet cational, religious, welfare, or health pur- and several liability limitations for first will not have to spend long nights poses. noneconomic damages and the punitive awake wondering whether, because he (5) STATE.—The term ‘‘State’’ means each was or she was a volunteer, they will of the several States, the District of Colum- damage limitations only apply to de- bia, the Commonwealth of Puerto Rico, the fendants who are volunteers. The sub- lose their home and assets and check- Virgin Islands, Guam, American Samoa, the stitute clarifies that the volunteer can ing account, et cetera. The principle we Northern Mariana Islands, any other terri- receive reimbursement for reasonable will have accomplished is to protect a tory or possession of the United States, or expenses and still be considered a vol- volunteer from being under assault for any political subdivision of any such State, unteer. that kind of omission. territory, or possession. I and the other authors on our side The second thing we will have (6) VOLUNTEER.—The term ‘‘volunteer’’ achieved is that the volunteer will no means an individual performing services for have concurred with these changes. We still believe the version we submitted, longer be looked at as the deep pocket. a nonprofit organization or a governmental If they volunteer for an organization entity who does not receive— S. 543, was reasoned and balanced, but (A) compensation (other than reasonable feel that this is a compromise that gets that does not have any resources, they reimbursement or allowance for expenses ac- us to the target we were after—the may have a home, or something to that tually incurred); or shield for the volunteer. And in these effect, and so the suit goes to the vol- (B) any other thing of value in lieu of com- actions, assuming we receive a favor- unteer instead of the organization. But pensation, able vote, we will have responded re- now the volunteer cannot be held liable in excess of $500 per year, and such term in- sponsibly and rightfully to the call of for anything more than their propor- cludes a volunteer serving as a director, offi- the administration, President Clinton, tional responsibility. So the story we cer, trustee, or direct service volunteer. and Presidents Bush, Ford, and Carter, talked about on the floor of the Senate SEC. 7. EFFECTIVE DATE. to launch a new era in voluntarism in yesterday and today of the woman who (a) IN GENERAL.—This Act shall take effect was nothing more than a receptionist the United States. 90 days after the date of enactment of this out front answering a phone while an Act. With that brief statement, I yield the accident occurred in the gym will no (b) APPLICATION.—This Act applies to any floor. longer be held liable for the fact that claim for harm caused by an act or omission The PRESIDING OFFICER. The of a volunteer where that claim is filed on or something went wrong somewhere else. after the effective date of this Act, without Chair recognizes the Senator from So this is very meaningful, as I said regard to whether the harm that is the sub- Alaska. a moment ago, a very significant con- ject of the claim or the conduct that caused Mr. MURKOWSKI. Mr. President, I gressional initiative that keeps the the harm occurred before such effective date. am pleased to learn we have worked legacy of the summit alive and helps Mr. COVERDELL. Mr. President, let out a compromise with the other side fuel the call for new volunteers. me explain our disposition. While there on this very important issue. I com- The Senator from Pennsylvania, Sen- is considerable more time in the unani- mend the Senator for his diligence and ator SANTORUM, said earlier today that mous consent, it is anticipated that commitment to proceed with a solution one of the concerns of the summit was there would be a delegating of time that is going to be in the best interests that it would flame out, that after all back so we might vote as closely to 2 of voluntarism. the glitz and the visuality of seeing the o’clock as possible. So, I would like to Mr. COVERDELL addressed the celebrities and political leaders gath- proceed to explain this amendment so Chair. ered together, what would keep it May 1, 1997 CONGRESSIONAL RECORD — SENATE S3877 going? I think S. 543 will be one re- lieve the litigious nature of our society adults volunteered to supervise the sponse from the Congress, one oppor- is dampening the spirit of voluntarism. trip. The youth’s attorneys filed a per- tunity to keep the fuel under the idea A Gallup study revealed the large ex- sonal injury suit alleging that the Boy of more and more Americans stepping tent to which the threat of lawsuits, Scouts and the volunteers were neg- forward in a very, very difficult time. and the prohibitive cost of liability in- ligent for failing to supervise the youth Mr. President, I am hopeful that we surance, have a negative effect on vol- adequately. The jury found that the will be able to conclude this vote, if at unteer participation in charitable or- volunteers were personally liable for $7 all possible, by at least 2:15. ganizations. The survey found that million. Oregon law ultimately caused Mr. HATCH. Mr. President, I am nearly 20 percent of all nonprofit orga- the judgment to be reduced to around pleased today to announce my strong nizations in the United States have ex- $4 million, but few Boy Scout volun- support for S. 543, the Volunteer Pro- perienced volunteers withholding serv- teers can afford this kind of judgment. tection Act. ice or resigning due to fear of liability Anyone who has been a Boy Scout or As the excitement surrounding to- exposure. This figure represents a very has volunteered in any capacity knows day’s events in Philadelphia have so significant portion of the volunteer that certain accidents are impossible poignantly illustrated, ours is a nation community. Specifically, 1 in 10 non- to prevent. The basic problem is that that has a particular dependence on profit organizations have experienced the actions of this Nation’s greedy the volunteer movement. Nonprofit or- the resignation of a volunteer due to li- trial lawyers are serving to undermine ganizations mobilize volunteers by ability concerns. Let’s do the math— the positive effects of voluntarism. drawing on their members’ special tal- with approximately 600,000 nonprofit Clearly, Mr. President, the current sit- ents to meet social or economic needs. organizations in America, we know uation cries out for reform. Volunteer organizations are currently that 48,000 volunteers have been lost The Volunteer Protection Act helps deeply involved in such activities as al- during the past few years strictly due charities and nonprofit organizations leviating hunger, educating the public to liability concerns. Additionally, one serve their communities by giving about the dangers of drug and alcohol in six volunteers report withholding their volunteers immunity from law- abuse, providing care of the elderly and their services due to fear of exposure to suits. Volunteers who act in a grossly infirm, providing athletic programs for liability suits. This means that 100,000 negligent or incompetent manner are, of course, not be protected under the our Nation’s youth, providing oppor- potential American volunteers have de- legislation. tunity for the poor, building housing clined to serve due to fear of exposure This bill will provide a volunteer pro- for the homeless, promoting literacy to lawsuits. This is an extraordinary and education, finding missing chil- tection from litigation in cases where, figure. first, the volunteer was acting within dren, teaching fire safety, aiding vic- Additionally, the rate voluntarism the scope of the volunteer’s respon- tims of natural disasters, providing has been steadily declining in recent sibilities; second, the volunteer was moral education for our youth, and years. The percentage of Americans properly licensed, certified, or author- spreading American ideals across the volunteering dropped from 54 percent ized by the State in which the harm oc- world. In fact, according to a 1990 study in 1989 to 48 percent in 1993. Sadly, curred, if such authorization is re- by the Hudson Institute, which polled charitable donations are also declining, quired; and third, the harm was not approximately 5,500 associations, vol- falling roughly $100 per household dur- unteer time in America was conserv- caused by willful or criminal mis- ing this same short period. However, in conduct, gross negligence, reckless atively estimated to total $3.3 billion 1991 alone, Americans spent a hefty per year. misconduct, or a conscious, flagrant in- $132 billion on the civil justice system. difference to the rights or safety of the This is nothing new. In his 1835 com- As a result, it is not surprising to note mentary of our country, the epic ‘‘De- individual harmed by the volunteer. that liability insurance premiums for The bill also limits punitive damages mocracy in America,’’ Alexis de nonprofit organizations continue to that may be awarded against volun- Toqueville noted that America was a rise. teers and nonprofit organizations based nation of joiners. To de Toqueville this These figures demonstrate that the on harm caused by a volunteer acting was very significant. Nongovernmental on-going litigation craze has seriously within the scope of the volunteer’s re- charitable, religious, and community damaged the spirit of voluntarism. I sponsibilities. Punitive damages organizations combined with the fam- would like to document several cases against any such defendant will be ily and other natural social units to that stand out in particular: available only where the claimant form what he termed ‘‘intermediary’’ Lawyers for an injured mountain demonstrates by clear and convincing organizations—organizations that im- climber sued volunteer rescuers for $12 evidence that the volunteer caused the pede the trend toward centralization of million on the grounds that their res- harm through willful or criminal mis- virtually all administration in the na- cue methods were negligent and reck- conduct. tional government. It is these less. Prior to assisting this particular Finally, while the bill preempts intermediary groups that are essential climber, the rescue team successfully State law to the extent that it is in- in protecting the liberty of the individ- and carefully made hundreds of rescues consistent with the bill, the bill will ual and community from the regu- without incident. not preempt any State laws that pro- latory state. In February 1995, Cleighton Hall, vide additional protections from liabil- In recent times, there has been an then CEO of Little League Baseball, ity relating to volunteers or nonprofit awareness of the need to strengthen wrote in the Wall Street Journal that organizations. volunteer organizations as a way to Little League had turned into ‘‘Litiga- Mr. President, this bill is consistent buttress the newly rediscovered virtues tion League.’’ In one instance, two with the overall thrust and punitive of limited government. Americans are youngsters collided in the outfield, damages reforms of my bill, S. 79, the coming to realize that government picked themselves up, dusted them- Civil Justice Fairness Act. I am proud should not and cannot be relied on to selves off, and sued their coach. In an- to support it as another step in our provide all social services. The gap be- other instance, lawyers won a large march toward complete civil justice re- tween American needs and American cash settlement when their client was form. resources must be filled by the gener- struck by a ball that a player failed to I yield the floor and suggest the ab- ous efforts of our volunteer corps. But catch—that player, strangely enough, sence of a quorum. the current litigation nightmare was the client’s daughter. Finally, trial The PRESIDING OFFICER. The sweeping our Nation is going a long attorneys for a child in Runnymeade, clerk will call the roll. way to hinder the efforts of these im- NJ, filed suit against the youth’s coach The assistant legislative clerk pro- portant volunteers. This at a time when he was struck by a flyball in cen- ceeded to call the roll. when we must be doing everything pos- ter field. Mr. THOMAS. Mr. President, I ask sible to encourage the spirit of volun- Finally, a boy in a scouting unit with unanimous consent that the order for tarism. the Boy Scouts of the Cascade Pacific the quorum call be rescinded. Mr. President, I’d like to illustrate Council suffered a paralyzing injury in The PRESIDING OFFICER. Without for you a couple of reasons why I be- a game of touch football. Several objection, it is so ordered. S3878 CONGRESSIONAL RECORD — SENATE May 1, 1997 Mr. THOMAS. Thank you, Mr. Presi- I see some others wishing to speak, William Cople, former pro bono gen- dent. Mr. President, so I yield the floor. eral counsel for the National Capital The PRESIDING OFFICER. Who Mr. COVERDELL addressed the Area Council of the Boy Scouts of yields time? Chair. America has written as follows: Mr. COVERDELL. Mr. President, I The PRESIDING OFFICER. The Sen- Volunteer service is under assault from an yield up to 10 minutes of my time to ator from Georgia. unlikely quarter—the civil justice system. the distinguished Senator from Wyo- Mr. COVERDELL. Mr. President, I The civil justice system. ming. now ask for the yeas and nays on final The PRESIDING OFFICER. The Sen- passage of S. 543. Like so many others, volunteers and their service organizations have been swept into ator has 8 minutes left. The PRESIDING OFFICER. Is there a the courts to face potential liability in civil Mr. COVERDELL. Mr. President, I sufficient second? There appears to be. suits. yield 5 minutes to the distinguished The yeas and nays were ordered. Thomas L. Jones of Habitat for Hu- Senator. Mr. MCCONNELL addressed the The PRESIDING OFFICER. The Sen- Chair. manity International also testified just ator from Wyoming has 5 minutes. The PRESIDING OFFICER. The this past week that volunteers across Mr. THOMAS. Thank you, Mr. Presi- Chair recognizes the Senator from Ken- the United States have declined service dent. tucky. on Habitat for Humanity boards ‘‘be- First, let me say how much I have Mr. MCCONNELL. Mr. President, this cause of perceived liability responsibil- appreciated the efforts of the Senator is a very significant bill. I want to ity.’’ from Georgia in promoting this legisla- commend the Senator from Georgia for Mr. President, the bill before us pro- tion, this Volunteer Protection Act of his leadership which has brought us to tects volunteers who serve on the 1997. I think probably most everything this point this year. As he knows, I in- boards of nonprofit organizations. about the bill has been said. I am de- troduced similar legislation in 1990 and H.R. 911, a bill over on the House lighted to hear that there has been an in 1993 and again in 1995. So I take par- side, however, provides little protec- agreement. I can hardly imagine that ticular pride in seeing it moved to this tion for volunteers who want to serve anybody does not agree with the con- point where, hopefully, it will pass the as officers on nonprofit boards. H.R. 911 cept of making it easier for people to Senate in the next minutes ahead. defines volunteer so narrowly that it volunteer, of taking away some of the This bill really, Mr. President, comes excludes anyone who receives reim- kinds of threats that have inevitably from the grassroots of American volun- bursement for expenses of $300 per been there when someone does volun- tarism. This bill sprang from the con- year. And H.R. 911 would not—I repeat, teer to serve. So I am very pleased cerns and complaints of volunteers and not—cover a volunteer who serves in a about that. national leaders in the volunteer com- rape crisis center or a child abuse cen- I think it is true—and I guess I will munity, thoughts of the men and ter and gets reimbursed $30 a month for probably be saying some of the same women who are on the frontlines in our reasonable expenses, such as transpor- things again—it is true that the nature national volunteer efforts. tation costs. In other words, the bill of this society, this democracy, re- Just last week over on the House side over in the House is simply too narrow. quires that people care. It is a Govern- we heard from Terry Orr, a former Our bill allows a volunteer to be fully ment of the people and by the people, Washington Redskins football player. reimbursed for reasonable expenses. and designed to be a relatively mini- He said when he came into the NFL a The opponents of volunteer protec- mal Government in that it sets a few years ago players were asked to tion argue that: This legislation is not framework for us to do the things that volunteer, and they responded, ‘‘Just necessary because there is no com- we think should be done, for us to take tell me where to go.’’ There was not a prehensive digest of jury awards the leadership to cause our commu- moment’s hesitation. In today’s liti- against volunteers. That is the argu- nities to be strong. gious world, players are asked to vol- ment. The Federal Government clearly has unteer, and they respond, as Terry Orr First, let me say I have already cited a role. But, you know, the more I am said, ‘‘Do we have coverage?’’ several examples of outrageous law- here, Mr. President, and the more I see Players are afraid to play a benefit suits and jury verdicts. Second, the what I think is the role of the Federal ballgame or do any kind of volunteer fact that jury verdicts are not rendered Government, the more I am impressed activity without engaging in extensive against volunteers every month is sim- with the fact that you and I make our discussions with their lawyers. That is ply not relevant—simply not relevant. communities strong there. And much today’s environment, Mr. President. Most lawsuits settle before trial and of that is because we are willing to vol- Lynn Swann, another famous foot- thus are unreported. The chilling ef- unteer. I think it was the Frenchman ball player with the Pittsburgh Steel- fects of even one case is astounding. de Tocqueville who came to examine ers, is a commentator on one of the As the Boy Scouts’ former general and to explore and to look into this networks. He was also at that press counsel has explained, ‘‘a legal judg- new idea of democracy. One of the conference. He is the immediate past ment entered in a single case can have things that he observed and found to be president of Big Brothers/Big Sisters of a multitude of consequences extending most important was this was a coun- America. This is what he had to say. far beyond that case itself. This surely try, this was a society that was doing He said in the late 1980’s the Big Broth- is a reason for concern in the case of things together for each other volun- ers/Big Sisters federation endorsed volunteers to service organizations.’’ tarily. And that still is—that still is— Federal volunteer protection legisla- We have heard opponents argue that the root, it seems to me, of our society. tion. According to Lynn Swann, the the bill is too broad and might offer The role of the Federal Government is Big Brothers and Big Sisters organiza- immunity to the Ku Klux Klan or other minimal in that. tion endorsed the legislation because organizations whose views we all I was pleased with the President and ‘‘a series of high visibility law suits abhor. This argument fails for several the several Presidents last week who against direct service volunteers had reasons. raised the image and raised the visi- dampened [the] enthusiasm for vol- Organizations are not granted immu- bility of voluntarism. But the fact is, unteering in our program.’’ nity from lawsuits under this bill. national voluntarism is not really the He went on to say the legislation was A volunteer is not covered under this key. It is in Casper, WY, or Gillette, necessary because: ‘‘We [can] not afford bill if the volunteer engages in willful WY, or Louisville, KY. That is where to lose prospective, high quality volun- misconduct, specifically including hate voluntarism works and that is where it teers due to liability fears.’’ crimes or civil rights violations. will continue to work. That was Lynn Swann and Terry Orr, It is not at all clear that the KKK So I think this bill is something we two former professional football play- would be covered as a nonprofit entity all should support. I am so delighted ers, just expressing their own experi- that exists primarily for public benefit that the sponsors have done this, ence in this highly litigious society in and operates primarily for charitable worked on it. I am delighted that we which we live and how it affects the purposes. will be able to vote and vote positively willingness of people to volunteer their Survey of State volunteer protection on it in a few minutes. time. laws indicates that there are States May 1, 1997 CONGRESSIONAL RECORD — SENATE S3879 that define ‘‘nonprofit organization’’ in Ohio or Illinois or Indiana or West Vir- should have some insulation from hon- the same manner as S. 543 or even ginia or Virginia and help his neighbor est mistakes. We all want volunteers to broader. Yet, no one can come up with recover from a flood, then he should be able to help whenever they can and any examples from those States where not have to call his lawyer to check on worry most about how much stamina KKK members were immune from law- his liability potential in a surrounding they will have to help, and have that suits. The KKK argument is an offen- State. We must have a uniform mini- be their chief concern. sive and bogus bogeyman argument. mum standard. So we will continue to work on this. Mr. President, also, opponents argue The principles of loving your neigh- Of course, it will have to go through that this is a matter of States rights. I bor, of being a good Samaritan are conference, and we will make sure am constantly amazed to hear people woven deeply into the fabric of our Na- there is no unintended benefit or de- make that argument. It is reminiscent tion. We need to find ways to free up fenses available to anybody, and that of the argument against the civil this spirit, not to suppress it. We must nobody is harmed or left without a rights laws in the 1960’s where oppo- inspire and encourage people to do remedy. nents said this really is a States rights good works, not sue and harass and dis- We have seen an extraordinary week, matter, not a matter for the Federal courage. as I said, in Philadelphia, with the Government. Those who say that our volunteers do President of the United States, to- The same argument was made not need this legislation have obvi- gether with past Presidents, the wife of against national voting rights legisla- ously not been talking to the people on a past President, General Powell, and tion. And a lot of the folks who were the frontlines. others, who came together to promote the most enthusiastic for that kind of My longstanding interest in this voluntarism. We do not want to do legislation now turn around and start issue comes from talking to volunteers anything to hamper that. arguing that the States rights is a good like the very ones that I have men- Again, I thank my friend from Geor- argument to not deal with what is tioned here today. However, I must gia. I thank Ed Pagano and Jonathan clearly a national problem with na- confess, Mr. President, that one par- Lamy on the Judiciary Committee tional implications which needs a na- ticular volunteer leader has had my ear staff, and all the others on both sides tional solution. on this issue for quite awhile. That is of the aisle who worked to make this Opponents also argue that some my wife, Elaine, who is a former Direc- legislation better. States have some protections for some tor of the Peace Corps and former I am prepared to yield if there is any volunteers in some circumstances. president and CEO of the United Way time left on this side, and am prepared Well, that is not good enough. That of America. She has been involved in to go to vote on the Coverdell-Leahy kind of patchwork protection is simply this battle for a long time and under- substitute. Mr. COVERDELL. I will take just a not going to get the job done. stands fully the implications. In my State we have some basic pro- So, Mr. President, let me close by few minutes of my time, then do the same as the Senator from Vermont and tections for volunteers. But these Ken- again thanking Senator COVERDELL for tucky protections are of no benefit to a his leadership, and the others who par- yield back time and proceed to the Kentucky volunteer who goes to help ticipated in this. This is an extremely vote. I want to take a moment to thank his neighbor in one of the seven States important piece of legislation which I Senator LEAHY and his staff. It is inter- which border the Commonwealth of hope will pass the Senate overwhelm- esting how life makes people’s paths Kentucky. ingly. cross each other from time to time. He Volunteers, Mr. President, should not I yield the floor. have to hire a lawyer in order to cross Mr. LEAHY. Mr. President, I do wish and I have done so now on various oc- State lines to help their neighbor. to thank my friend from Georgia, Mr. casions over the last decade. As al- ways, I have found him to be an admi- Bob Goodwin, president and CEO of COVERDELL. With the Coverdell-Leahy- the Points of Light Foundation, testi- Ashcroft-McConnell and others sub- rable either adversary or cooperator, fied last week that a national solution stitute, I think this piece of legislation but always with well-intentioned and is necessary because ‘‘there is no con- has been substantially improved. good purpose. I thank him for his at- sistency among our States with regard So Members know, we have limited it tention to this matter and the assist- to volunteer liability statutes, and to individual volunteers. The bill is no ance both here and on those occasions that lack of consistency has led to con- longer intended to provide immunity in the past. I also want to thank Senator MCCON- fusion in the volunteer community.’’ or limitation of liability for organiza- NELL. Senator MCCONNELL has labored Let me quote another leader in the tions. I think it is also important that in this area for years and has made national volunteer movement. John H. the original sponsors of the bill agree contributions to this legislation that Graham, CEO of the American Diabetes not to include any limitation on motor are exceedingly significant. I am very Association, also testified last week on vehicle liability, even as it relates to grateful for his assistance on this mat- behalf of the National Coalition for individuals. I think that is important. Volunteer Protection. This is what he I believe this bill has been signifi- ter, as well as Senators ASHCROFT, had to say: cantly modified. It is not precisely the SANTORUM, and others. I want to acknowledge the work of We have seen recently that otherwise bill I would have written, but it is not Kyle McSlarrow, Terri Delgadillo, and qualified and willing individuals are with- precisely the bill my friend from Geor- Dan McGirt on our side who have holding their services out of fear of liability gia would have written. I think it re- worked so hard to iron out the dif- and confusion concerning the different vol- flects what is best in the Senate when unteer protection laws on the books in many ferences so we could produce this both sides can give and come out with states. These are individuals who would help meaningful piece of legislation. house and feed the homeless, who would something that can be better and more The hour is 2:05. We said we would treat and support the elderly, and who would acceptable to a broad cross-section of vote as near as possible to 2 o’clock. I clothe and care for the poor. Senators. Most of us do have concerns yield back all time on our side. So in summary, Mr. President, our if we preempt State laws. In this, we The PRESIDING OFFICER. The national volunteer movement is built have tried as best as possible to pre- question is on agreeing to the amend- upon the idea of loving your neighbor serve State options. ment. as yourself, of being a good Samaritan, I do not believe the threat of litiga- The amendment (No. 53) was agreed of stopping alongside the road and tion deters Americans from volunteer- to. lending your neighbor a helping hand. ing to help neighbors, and did not deter The PRESIDING OFFICER. The People from my home State of Ken- the hundreds and hundreds who volun- question is on the engrossment and tucky understand this concept. Their teered in floods in the Dakotas or in so third reading of the bill. neighbor is not just the child across many other areas we have seen in re- The bill was ordered to be engrossed the street, but it is the family across cent times. I am glad we have been able for a third reading, and was read the the bridge or across the State line. to limit the reach of the Federal pro- third time. If the Kentucky Red Cross volunteer tections provided, but we will be able The PRESIDING OFFICER. There wants to cross over into Tennessee or to help individual volunteers. They are now 10 minutes equally divided. S3880 CONGRESSIONAL RECORD — SENATE May 1, 1997 Mr. LEAHY. All time is yielded back. nor on Friday. We have a prior agree- town of the size of the city of Grand Mr. COVERDELL. We yield back all ment with the Democratic leadership Forks with more than 50,000 people time on this side. that we would not have a session on having been evacuated on a mandatory The PRESIDING OFFICER. The Friday because of a meeting that they basis. Those people are not able to re- question is on final passage of S. 543 as have. We have a similar agreement for turn to their homes for perhaps as long amended. The yeas and nays have been Friday of next week because of a meet- as a month. ordered, and the clerk will call the roll. ing that we have. This is a disaster of truly staggering The assistant legislative clerk called The Senate will shortly begin debate proportion and dimension. Those peo- the roll. on the motion to proceed to S. 4, the ple need help, and they need it now. The PRESIDING OFFICER. Are there flextime/comptime bill. Mr. President, I know there are some any other Senators in the Chamber de- On Monday, at 1 p.m., the Senate will who would like to attach amendments siring to vote? begin consideration of the supple- that are, in fact, extraneous to disaster The result was announced—yeas 99, mental appropriations bill. Amend- relief to that legislation. I ask my col- nays 1, as follows: ments are expected to be offered. leagues to forbear the temptation to [Rollcall Vote No. 55 Leg.] Therefore, votes could occur but are add extraneous matters to this disaster YEAS—99 not expected prior to 5 p.m. on Mon- legislation. I know that some feel these Abraham Faircloth Lieberman day. amendments are not extraneous. In my Akaka Feingold Lott As we work through agreements on own judgment, virtually all of these Allard Feinstein Lugar amendments, or getting an understand- amendments that have been added have Ashcroft Ford Mack ing about amendments, we will let Sen- nothing to do with the immediate pur- Baucus Frist McCain Bennett Glenn McConnell ators know what time they may expect pose of the legislation, which is to ad- Biden Gorton Mikulski votes late Monday afternoon, Tuesday, dress the disasters that have been expe- Bingaman Graham Moseley-Braun or early. rienced in some 22 States—most re- Bond Gramm Moynihan f Boxer Grams Murkowski cently the States of North Dakota, Breaux Grassley Murray FAIR LABOR STANDARDS ACT South Dakota and Minnesota. Some of Brownback Gregg Nickles AMENDMENTS—MOTION TO PRO- these amendments really relate to the Bryan Hagel Reed budget dispute of last year. We are Bumpers Harkin Reid CEED Burns Hatch Robb going to have lots of opportunities for Byrd Helms Roberts Mr. LOTT. Mr. President, I ask unan- budget discussions. This disaster bill is Campbell Hollings Rockefeller imous consent that the Senate now not the time and is not the place for Chafee Hutchinson Roth proceed to the consideration of Cal- that to be. Cleland Hutchison Santorum endar No. 32, S. 4, the flextime legisla- Coats Inhofe Sarbanes The people who have been hurt de- Cochran Inouye Sessions tion. serve to be helped, just as we have Collins Jeffords Shelby The PRESIDING OFFICER. Is there helped other States impacted by disas- Conrad Johnson Smith (NH) objection? ter. Over and over, when we have had Coverdell Kempthorne Smith (OR) Mr. KENNEDY. I object. Craig Kennedy Snowe disaster bills, we have agreed, on a bi- D’Amato Kerrey Specter Mr. LOTT. Mr. President, in light of that objection, I move to proceed to partisan basis, to withhold extraneous Daschle Kerry Stevens amendments. I have agreed to do it, DeWine Kohl Thomas Calendar No. 32, S. 4, the flextime bill. Dodd Kyl Thurmond The PRESIDING OFFICER. The even though I, too, have been tempted Domenici Landrieu Torricelli question is on the motion. to offer things that I thought were Dorgan Lautenberg Warner critically important. Durbin Leahy Wellstone Mr. LOTT. Mr. President, we will Enzi Levin Wyden have some debate, I believe, and then I I hope my colleagues will extend that same courtesy to those of us who rep- NAYS—1 will have a further motion. Mr. CONRAD addressed the Chair. resent States that have been dev- Thompson The PRESIDING OFFICER. The Sen- astated in the most recent disasters. The bill (S. 543), as amended, was ator from North Dakota. Our people deserve the same consider- passed. (The remarks of Mr. CONRAD pertain- ation and the same treatment that we Mr. COVERDELL. Mr. President, I ing to the introduction of S. 684 are lo- have extended to others in similar cir- move to reconsider the vote. cated in today’s RECORD under ‘‘State- cumstances. Mr. ABRAHAM. I move to lay that ments on Introduced Bills and Joint Mr. DORGAN. Mr. President, will the motion on the table. Resolutions.’’) Senator yield? The motion to lay on the table was f Mr. CONRAD. I am happy to yield. agreed to. Mr. DORGAN. Mr. President, I will Mr. COVERDELL. Mr. President, I DISASTER SUPPLEMENTAL be very brief, for a question. suggest the absence of a quorum. APPROPRIATIONS BILL Senator CONRAD talks about the dis- The PRESIDING OFFICER. The Mr. CONRAD. Mr. President, I would asters that have precipitated the need clerk will call the roll. like to speak for one moment about the for a disaster bill. As a member of the The legislative clerk proceeded to disaster supplemental bill. Appropriations Committee in the Sen- call the roll. It is fair to say that my State has ate, I participated yesterday in writing Mr. CONRAD. Mr. President, I ask been absolutely devastated by this ex- the bill that would come to the floor of unanimous consent that the order for traordinary set of occurrences. First of the Senate next week. the quorum call be rescinded. all, the greatest snowfall in our State’s Included in that legislation are The PRESIDING OFFICER. Without history—over 10 feet of snow—followed amendments that have really nothing objection, it is so ordered. in early April by the most severe win- to do with the legislation at all, that f ter storm in 50 years. Nearly 2 feet of are very controversial and could delay snow fell in that one blizzard, accom- or impede the progress of this bill. UNANIMOUS-CONSENT panied by 70-mile-an-hour winds and an I join with my colleague to urge AGREEMENT—S. 672 ice storm that brought down the elec- those who I know have other agendas Mr. LOTT. Mr. President, I ask unan- trical grid serving 80,000 people. That and amendments, which I am sure are imous consent that at 1 p.m. on Mon- was followed by what we are now told important to them, to decide not to day, May 5, the Senate turn to consid- was not the 500-year flood but the 1,000- offer them to this legislation. eration of calendar No. 43, S. 672, the year flood. That was coupled in Grand I encourage those who have offered supplemental appropriations bill. Forks with a fire that destroyed nearly them in the Senate Appropriations The PRESIDING OFFICER. Without three city blocks and was only con- Committee to take those amendments objection, it is so ordered. tained because of the heroic efforts of out of this bill and allow us to do what Mr. LOTT. Mr. President, for the in- the fire department in Grand Forks. we need to do for the victims of these formation of all Senators, then there Mr. President, we have not had in disasters—to extend a helping hand and will be no further rollcall votes today this country a circumstance in which a say to those who have suffered so much May 1, 1997 CONGRESSIONAL RECORD — SENATE S3881 that this country understands that you Mr. CONRAD. Mr. President, I had CHRIS SHAYS, of Connecticut, and I need help, that you are not alone, and not yielded the floor. hosted a program called Debtbusters this legislation and this Congress, by Mr. JEFFORDS. I believe the Sen- with a group of 200 of our constituents. enacting this legislation, wants to do ator gave up the floor. We invited people to come together to that and do it quickly. Mr. CONRAD. No; I had not yielded sit down in groups and try to balance The Senator from North Dakota, the floor. I was yielding for a question the Federal budget in 5 years. This is Senator CONRAD, makes a very impor- from my colleague from Minnesota. an exercise designed by the Concord tant point. I associate myself with that Mr. WELLSTONE. I will be brief. Coalition, and it is the first time such point—that between now and next Minnesota is one of these States, too, an event has been done on a bipartisan Tuesday, or Wednesday, when we take and every day we come here and speak basis. I highly recommend it to my col- that legislation to the floor of the Sen- briefly because we just keep trying to leagues. ate, I hope very much that we will see pitch away. It is a fascinating exercise to watch those who have been adding and prob- Could I ask one question? I think the people act as Members of Congress over ably those who might want to add addi- Senator recognizes I would rather give a period of 2 or 3 hours, faced with the tional amendments to decide not to do a statement. I will not. But is it not choices that many of us have to make that on this very important bill. true that when you talk to people in here in Washington as we work toward Mr. WELLSTONE. Will the Senator North Dakota—I certainly find this to a balanced budget by the year 2002. It yield? be the case in Minnesota—they just do was a tremendously worthwhile exer- Mr. CONRAD. If I can follow up on not understand at all how it can be cise. I want to commend the Concord Senator DORGAN’s comments, then I that we just do not get this to them Coalition for organizing it, for putting would be happy to yield further. and how there can be this discussion of together the questionnaire. It was not Last night I accepted an award on be- amendments having to do with budget perfect. Anyone who writes questions half of the Grand Forks Fire Depart- cuts in education and budgets cuts in and makes choices obviously is going ment for the extraordinary heroism any number of other areas? to bring some bias to it. But overall I they demonstrated when this fire was I say to the Senator, if I could get his found it to be rather fair and interest- burning out of control and they were attention for a moment, the most dif- prevented from fighting that fire as ing. I would also like to commend the ficult thing for me is to try to explain they normally would by the flood wa- citizens of Connecticut, specifically the to people how it could be we are at this ters. And yet they took on an extraor- citizens of Stamford and the surround- impasse and that we cannot get the dinary circumstance; with live wires in ing area, for taking the time out of help to people as quickly as possible. In the floodwaters, they could not know, their weekends to come together and terms of how they live their own lives, as they moved to rescue people who work in such a constructive spirit. people do not understand this kind of It was curious to see the choices that were in those buildings, if they would discussion about strategy and tactics people made. People, when they sat be electrocuted, and they went for- and they feel as if we are just playing down and had to work with six or seven ward, they did their jobs, and they res- with their lives. or eight other people from their com- cued more than 20 people. And because Does the Senator have trouble ex- munity with many different ideas and of their bravery not a single life was plaining to people why it is we cannot issues, were able to compromise and lost. We lost some buildings. We did get this done for them? come to conclusions and even give up not lose a single life. Mr. CONRAD. I just say to my col- Last night the Firefighters of Amer- on things they cared about very, very league by way of a quick answer that ica gave to me, on behalf of the Grand much. It was instructive. It did not Forks Fire Department, an award. I in Grand Forks two-thirds of the peo- solve the budget problem. But last Sat- might say those firefighters who risked ple are refugees. They cannot be in urday I was impressed that, on a glori- their lives to save others were doing it their own homes. They have been gone ously sunny day, people came out and at the very time their own homes were now for nearly 2 weeks. They still do spent the 2 or 3 hours to try and re- being destroyed. Forty-three of those not know in many parts of the city solve these issues. I thought my col- firefighters had their homes destroyed when they will return. And when they leagues might find it interesting. while they were saving other people’s hear that there are amendments not As we are about to hopefully reach lives. related to disaster that are slowing some sort of budget agreement our- I can tell you, those people are won- down the disaster bill, they are just be- selves, I believe it is worthwhile to ap- dering, why is it when we have a disas- wildered by what we are doing here. I preciate what average citizens are able ter that impacts our area people want must say there are times when I won- to do, just as I said, in a few hours on to put on amendments that have noth- der what we are doing here. And again, a bright sunny Saturday morning. ing to do with disaster relief? They I just hope that our colleagues would Mr. President, I thank my colleague cannot understand it. We did not do desist from offering amendments that from Vermont for making the time that when the shoe was on the other are not disaster related to a disaster available and I yield back any time I foot. When other States were hit by bill. have. disaster, we did not offer other amend- I thank the Chair and yield the floor. The PRESIDING OFFICER. The Sen- ments. I hope that cooler heads would Mr. JEFFORDS addressed the Chair. ator from Vermont. prevail here and that we would find The PRESIDING OFFICER. The Sen- f ator from Vermont. other vehicles for Senators to offer FAIR LABOR STANDARDS ACT their amendments that they believe Mr. JEFFORDS. I will proceed on the motion to proceed but I would ask AMENDMENTS—MOTION TO PRO- are important but leave the disaster CEED bill clean so the people who are trying unanimous consent that the Senator to rebuild their lives from an extraor- from Connecticut be allowed to speak The Senate continued with the con- dinary set of disasters have a chance to for 2 minutes out of order and that sideration of the motion to proceed. rebuild their lives. That is not too upon completion I be able to resume Mr. JEFFORDS. Mr. President, we much to ask. my management of the bill. are now proceeding on the motion to Mr. WELLSTONE. Will the Senator The PRESIDING OFFICER. Without proceed to S. 4, the Family Friendly yield for a minute? objection, it is so ordered. The Senator Workplace Act. First of all, I wish to Mr. JEFFORDS addressed the Chair. from Connecticut. commend Senator DEWINE, who is the The PRESIDING OFFICER. The Sen- f chairman of the subcommittee which ator from Vermont. very dexterously handled this bill in Mr. JEFFORDS. Mr. President, I DEBTBUSTERS BALANCING THE committee. I would also like to thank wish to proceed to the motion to pro- BUDGET Senator ASHCROFT, the original author ceed to S. 4. However, I would ask Mr. DODD. Mr. President, very brief- of the bill, who has done so much to unanimous consent that the Senator ly, I may not even take the 2 minutes. bring, not only the attention of Con- DODD be allowed to talk for 2 minutes I just wanted to inform my colleagues gress to the problems we are addressing and 1 minute to—— that about a week ago, Congressman in the Family Friendly Workplace Act, S3882 CONGRESSIONAL RECORD — SENATE May 1, 1997 but also helped and assisted in bringing force. Between 1948 and 1995, women’s meet the needs of its employees, TRW the attention of this body to the prob- labor participation rates almost dou- saw an opportunity to add flexibility lems that are created by the current bled from 33 percent to 59 percent. for all of its salaried employees and law. The increase of women in the work- managers in its work scheduling. As a I am pleased to be on the floor of the place has had a significant impact on result, TRW invented a program called Senate today for the opening debate on the day-to-day activities of the Amer- the Professional Work Schedule which the motion to proceed to S. 4, the Fam- ican family. The stay-at-home mom is gives salaried employees the ability to ily Friendly Workplace Act. I would now the exception rather than the rule. participate in 2-week flexing, partial- also like to acknowledge the hard work Indeed, in 1995, only 5.2 percent of all day time off and additional time off. of many other colleagues and the effort American families mirrored the tradi- However, the restrictions of the Fair that went into S. 4 by the committee tional ‘‘Ozzie and Harriet’’ family Labor Standards Act prevented TRW who was able to bring out a piece of structure of a wage-earning father, a from offering the program to its hourly legislation which I am confident will nonworking mother, and two children. employees. Ms. Larsen testified that have the support of the Senate. According to the Bureau of Labor Sta- TRW’s hourly employees were amazed I am extremely excited about this tistics, 62 percent of two-parent fami- to learn that it is a 60-year-old law legislation because I believe it will lies with children have both parents that is substantially unchanged since positively affect the lives of millions of working outside the home. it was passed that stands in their way Americans. Today, there are more The makeup of the American work of becoming a full member of the team. working single parents and dual-in- force has changed dramatically, yet When the employees ask, ‘‘Why am I come families in America than ever be- few provisions of the FSLA have been treated as a second-class citizen?’’ fore. The Family Friendly Workplace updated to reflect these changes. The TRW explains, ‘‘It is the law, not the Act represents an important step in needs of today’s work force are dif- company’s unwillingness to offer the providing employees in the private sec- ferent than the needs of the work force professional work schedule to them.’’ tor greater latitude to balance the con- of the 1930’s. Although employees are As I mentioned earlier, employees in flicting demands of work and family. demanding more flexible work sched- the public sector have had this option This legislation provides men and ules and compensation packages, the since 1985, and it has been very popu- women working in the private sector FSLA and its underlying regulations lar. Unlike in the public sector, how- the opportunity to voluntarily choose preclude employers from complying ever, S. 4 would prohibit employees compensatory time off in lieu of over- with employee needs. from forcing workers to accept comp- time pay as well as to voluntarily par- This need for a change in the existing time off instead of being paid overtime ticipate in biweekly and flexible credit law was exhibited in a recent poll con- as a condition of employment. That is hour programs. It does so by giving em- ducted by Penn & Schoen for the Em- a change from the public law. In fact, ployees the opportunity to choose to ployment Policy Foundation. The poll under S. 4, an employee’s participation take paid leave time instead of cash indicates that 88 percent of all workers in any flexible work arrangement compensation for overtime worked and want more flexibility through schedul- would be totally voluntary. We have to work out more flexible schedules ing and/or the choice of compensatory worked hard on the language since its with their employers if it suits their time. Another national poll revealed introduction to make this crystal clear needs. These same options have been that 65 percent of Americans favored and to provide strong penalties against available to State, local and Federal changes in the labor law that would any employer who coerces, intimidates, employees for some time and they have allow for more flexible work schedules. or threatens a worker into accepting been enormously popular with these It is not surprising that the private such an agreement. This is true flexibility for workers public sector employees. sector is demanding change. In a 1985 Mr. President, since this bill was survey of Federal employees partici- and not the heavy hand of the em- ployer. Providing families more flexi- first introduced, it has met with oppo- pating with flexible work schedules, 72 bility in the workplace to help meet sition. I believe the opposition stems percent said that they had more flexi- family needs should be a bipartisan from the political positions of big labor bility to spend time with their fami- goal. In the last year, President Clin- unions rather than the needs of work- lies, and 74 percent said that having a ton has acknowledged the importance ing men and women. I imagine that S. flexible schedule had improved their of work force flexibility. For instance, 4’s opponents are concerned, in part, morale. in his recent State of the Union Ad- because it is the first piece of legisla- Over the past several years, the com- dress the President said, ‘‘We should tion in nearly six decades that makes mittee has heard compelling testimony pass flextime so workers can choose to any significant modification to the from workers about the difficulty of be paid overtime in income, or trade it balancing work and family responsibil- Fair Labor Standards Act of 1938. for time off to be with their families.’’ While I understand the concern of S. ities. For example, Christine Because S. 4 will assist American 4’s opponents, I believe that it is mis- Korzendorfer, who works for TRW Sys- workers to balance the needs of an placed. The Fair Labor Standards Act tems in Fairfax, VA, testified that she evolving work environment and quality was, and still is, an important piece of works a lot of overtime hours. Her hus- family time, I urge all my colleagues legislation because it provided much band, who is self-employed, also works to join me in supporting this bill. needed protection to American workers 7 days a week making caring for their The PRESIDING OFFICER. The Sen- at the time when their welfare was two children a constant struggle. Ms. ator from Massachusetts. often disregarded, in the horrible pe- Korzendorfer said that while the over- Mr. KENNEDY. Mr. President, I riod of the Depression. While the prin- time pay is important to her, having think, since this is the Ashcroft legis- ciples behind the Fair Labor Standards extra time off to be with her family is lation, the Senator should be entitled Act have not changed, its stringent more important. She wants the choice to make the first statement on it. provisions make it difficult to accom- to be able to take comp time off in- The PRESIDING OFFICER (Mr. modate the needs of today’s work stead of overtime when it best fits her KEMPTHORNE). The Senator from Mis- force. needs and her family’s needs. souri. Since the enactment of the Fair In addition, the committee heard Mr. ASHCROFT. Mr. President, I Labor Standards Act in 1938, there from Sallie Larsen, vice president, urge my colleagues to join us in mov- have been considerable changes in our Human Resources and Communication, ing to consideration of S. 4, the Family Nation’s economy, labor market condi- TRW Systems Integration Group, Friendly Workplace Act. It is an act tions and labor-management relations. about TRW employees’ frustration which would help us accommodate the One of the greatest transformations with the rigidity of the current law. needs of families by recognizing that has been in the composition of the U.S. Ms. Larsen explained that it was im- there are competing stresses. Most labor force. More women are working portant for her business unit to under- families feel two important stresses in than ever before. According to the Bu- stand their employees’ work patterns their lives: One, the need to be with reau of Labor Statistics, women now because the work patterns factored their families and to do for their fami- account for 46 percent of the labor into how TRW bid for new work. To lies what their families require; the May 1, 1997 CONGRESSIONAL RECORD — SENATE S3883 other is to provide resources, financial next week when my son or daughter is Those are the kinds of provisions resources, for the family. These two going to get an award at the high that have been available in the public stresses have put us in a unique condi- school and I need to take an extended sector for the last 20 years. In 1978, tion, in terms of the way families oper- lunch hour? Can I take some time off sponsored by Congresswoman Ferraro, ate. In the 1930’s, when we enacted the next week if I need to go take a group of New York, and Congresswoman Fair Labor Standards Act, it was clear of kids to the soccer game? I will work Schroeder, of Colorado, we enacted the that very few families found both par- the hour this week.’’ law in the Federal system which pro- ents as wage earners. As a matter of Americans really are not aware that vided for flexibility in employment for fact, in the 1930’s, only one out of every that is against the law for hourly Federal workers. The same provisions, six women with school-aged children workers right now. For an employer to which we now are offering before the worked outside the home. trade with an employee an hour in 1 Senate, ought to be extended to work- We have seen these two stresses—the week, and say you can make it up in ers around the country in the private requirement to spend time with our the next week, if the hour in the next sector. What is interesting is that the family and the requirement to provide week puts the person over 40 hours—it system has worked so well at the Fed- financial resources in order to support simply is illegal to make that up on an eral and local level. As a matter of our family—drive both parents in many hour-for-hour basis. If you want to fact, the General Accounting Office situations into the workplace so there take the hour off this week and make wanted to see what the impact of hav- is this tension that exists in the work- it up next week, it is now a responsibil- ing these kind of work rules was on place. It is a tension that relates to ity of the employer to make it up at a governmental performance, on morale how we accommodate our families at time-and-a-half basis. So you have to of workers. When the General Account- the same time we provide the financial pay time and a half. Most employers ing Office surveyed the workers they cannot afford that, so they do not have resources for our families. That being found out that workers approved or ex- that kind of flexible working arrange- the case, the sponsors of S. 4 sought to pressed their appreciation for this kind ment. It is pretty clear to me that find a way that we could say to fami- of working arrangement at a 10-to-1 most Americans would like to have the lies: We understand how important it is ratio. So, for every 1 worker here who to you to get the financial resources to opportunity to swap an hour, some- times, one week for an hour the next said, ‘‘I am not enthusiastic about this, support your children. We understand I do not really care for it,’’ 10 workers how much you need to spend time with week. Under this bill, if the employer asked, suggested, or even hinted that said they approved it. your children. Finally, we want to say Frankly, you cannot get that 10-to-1 to American families that we under- he wanted an employee to work over 40 hours in a week, the employee would be ratio of workers to agree that today is stand how important it is that you entitled to overtime pay. In order to Thursday afternoon. That is an over- spend time with your children without bank hours on an hour-for-hour basis, whelming endorsement. That is a clear sacrificing the financial resources that the employee ‘‘initiate and request’’ statement by workers, the workers your family needs. The solution—we the ability to work the additional themselves—union workers, nonunion thought it best to provide a way for hour. workers—that this system works. people to be able to work flexible work So, there are a number of compo- One of the features that is allowed in schedules. nents of this bill, all of which are de- the Federal Government system that This is not a way for people to take signed to relieve the stress of working would be allowed and available in the a pay cut or to lose resources. We al- families, all of which are designed to private sector under this bill would be ready have the Family and Medical give Americans more time with their the ability of workers and their em- Leave Act, which allows people to take families. These provisions are designed ployers, upon the agreement and vol- a pay cut in order to meet a family to do it without forcing you to take untary—voluntary consent of both par- emergency. But public policy in this the time off without pay. The real ties, to schedule work over a 2-week pe- country should not require American challenge we have in our culture is to riod to average 40 hours a week. This workers to take a pay cut in order to continue to sustain our families finan- was extremely popular in the Federal be a good mom or dad in this country. cially but also to continue to sustain Government, because it allowed people Most people have the understanding our families in their abilities to do the to work 9 days in the 2-week period in- that they want to be able to both meet kinds of things they need to do to- stead of 10 days in the 2-week period. the financial needs of their family and gether. What is important to note is Working 9 days in the 2-week period meet the social needs that are attend- that, in addition to the overtime provi- really meant that workers had every ant to being a mom or dad. That is sion, which can be compensated at other Friday off, so they would work 8 what this bill would do. time and a half, there is also the flex- days at 9 hours a day for 72 hours and This bill would simply allow flexible time provision of the bill which attends then the ninth day they would work 8 work schedules to be arranged, when to workers who are not normally able hours. That took them to 80 hours. the employee and the employer agree— to get overtime work. Then, with that in mind, having when there is agreement on both par- The Census Bureau collects data on a worked 80 hours in the 2-week period, ties—it cannot be a coerced agreement. regular basis. Out of their data they 45 hours in the first 5 days and 35 hours The bill provides specifically, that if collected in 1996, the data revealed that in the next 4 days, those 2 weeks to- there is coercion—either direct or indi- only 4 percent of working women who gether constituted 80 hours. And each rect coercion—that there are enhanced, work on an hourly basis reported that second week, Friday would be off. heightened, and substantial penalties they get regular overtime pay. It would The opportunity is apparent, here, in involved. Therefore, when there is a be fine for those women if they could terms of the ability to spend time with voluntary agreement between the em- take that overtime and convert it to your children; the ability to tend to ployer and employee, the employee in time-and-a-half off. But let’s be seri- things that can only be done during overtime situations can opt to take ous. If we were only going to address business hours. This is one of the rea- time-and-a-half off instead of getting the stresses and tensions that exist in sons, when Federal employees are time-and-a-half pay. And, where there the families of that 4 percent of the asked about the program, they endorse is an employee who does not get over- work force, we are not really going to it overwhelmingly. It is one of the rea- time work regularly, and that happens do much to improve the lives of very sons why unions in the Federal arena to be most of the hourly workers in the many people. We need to be able to ad- insist on these provisions, these capac- country—the vast majority of citizens dress this tension and this stress that ities, these flexibilities. It is one of the do not get overtime work. In those set- exists in the work force generally. reasons why individuals in the work tings, where an employee never has an That is why it is important to offer the force ought to really have this oppor- opportunity to earn overtime com- flex-time parts of this bill, which allow tunity in the private sector. pensation, there should be an oppor- a person to say, ‘‘I will work an extra Having worked flawlessly for the last tunity for people to say to the boss, ‘‘If hour this week in return if the boss 20 years, increased productivity, built I work an extra hour this week, calling will let me take that hour off next morale, and been endorsed by workers that flextime, can I take an hour off week, or vice versa.’’ overwhelmingly, it is time for us to say S3884 CONGRESSIONAL RECORD — SENATE May 1, 1997 to the work force generally: This is out of eight women, it seems to me we As an ultimate backup to make sure something you should have. Federal have missed the boat; or only two out we don’t have any abuse of the workers workers have it. It is time that ordi- of eight men, because twice as many here, we have a situation built right nary workers in the private sector have men work in jobs that get overtime as into the structure of the bill so that at it. I should not say ‘‘ordinary’’ because women do. the end of the year, all the time and a I do not want to suggest that the other If you take the universe of people half that is there as comptime is auto- workers are extraordinary. The point who get overtime work, it is a 2-to-1 matically paid as time and a half and is, salaried workers have had flexibil- population in favor of men who have at time-and-a-half rates. ity for a long time. The boardroom has worked in the jobs that historically get So what we have here is a clear vol- had flexibility for a long time. The overtime. untary situation. You do not have any guys who run the company never seem I do not think it is appropriate for us incentives for any employer to distort to have difficulty in being able to take to try to limit what we do to individ- the voluntarism. You have employers time off to see their kids get an award, uals who have had the good fortune to who really understand that, if they can or even to play a game, or a round of find themselves in jobs where they help employees be good parents, they golf, or perhaps link up with some of would traditionally get overtime, espe- are going to be better employees and, their friends at a predetermined time cially when that means that it would together, with a happier employer and for a fishing trip or outing, or to even only result in maybe one out of eight happier employee, people are going to be volunteers, when it is necessary, to women in the work force working by be able to meet the needs of their fam- help their communities. the hour, having the flexible options, ily without taking pay cuts. That it is But the hourly individuals are the having the capacity to have an adjust- a win-win situation. That is what we ones who have faced that challenge. Of able schedule the way people do in the targeted. We built protections into the course, the people who have felt the boardroom, the way people do in State bill and structurally designed the bill, squeeze the most, I think, are the government, the way people do in the so that compensatory time can be con- moms who have gone into the work Federal Government. verted quickly and efficiently. It is force since the 1930’s. There are 28.8 I think it is time for us to say to automatically converted if it is not million working women who work by America generally, ‘‘We understand it’s used by the end of the year and we the hour in this country and it is time tough to balance the competing de- have provided elevated penalties in the mands of the homeplace and the work- for us to say to them: You should be event that there is a problem with any place. We understand that when you entitled to some of the same flexibility coercion, direct or indirect. take time off, you don’t want to lose that people in the boardroom or at the I might add as well, in the event the money doing so, because you wouldn’t head of the company or the salaried employer and employee in this meas- be working in the first place if you workers of America have had. It is ure do not agree to take time off as could afford to lose money by taking time for us to say to them you should compensatory time, if there is no time off.’’ agreement on it, we fall back under the be entitled to some of the same oppor- We need to say, ‘‘We understand you 1930’s Fair Labor Standards Act. In tunities to work with your family as don’t want to take a pay cut to be a other words, nothing is done to deprive the people who work for the Federal good mom or dad.’’ Government have had. It is time for us We need to say, ‘‘We understand that any worker who wants to live under to say to them it would be appropriate you want to be a volunteer and you the terms and conditions of the law as for you to have the same capacity to will need to have flexible working ar- it now exists from working under those volunteer and to help your children in rangements from time to time.’’ conditions. their athletic activities, or academic We want to build a framework that What we really have is an ability of activities, or extracurricular activi- says to them, ‘‘If, indeed, those are the worker and the employer to choose ties, as the people who work for State your aspirations, here is the way you to be more flexible and, if either one is and local governments have had. can accomplish them. At least you and dissatisfied, that choice is reflected in It is time to give the average worker your employer can together agree vol- the continuation of the status quo: The in the United States of America, that untarily that these kinds of things can 40-hour week continues to be in exist- individual who has served, working be done.’’ ence; the required payment of overtime hard on an hourly basis, these same I emphasize the word ‘‘voluntarily,’’ at time and a half payment instead of benefits that have been enjoyed by in- because that is the way the bill would time and a half off continues in exist- dividuals who have worked on a sala- work. If there is coercion, either direct ence. So the ultimate security for any ried basis and have worked for the U.S. or indirect coercion, the bill provides worker is that the worker can choose Government, for State governments, or for elevated, extraordinarily high pen- to operate in the same framework of for local governments. alties. It says, ‘‘If you are going to co- legal protection that worker has at Some individuals have indicated that erce workers, beware, you are going to this very time. perhaps it is enough for us to just ad- have a doubling of the penalties you This is an attempt to say to the work dress the issue of comptime. I would previously had in overtime settings.’’ force, ‘‘We know that you are stressed. just suggest, because comptime is Second, in order to provide a further We know that the demands of your available only to workers who work incentive for employers, who are offer- house and the demands of your job are overtime regularly, that we ought to ing compensatory time off options, to competing, and when they collide, if think carefully about limiting the not only allow employees to take the possible, we would like to give you the flexible working arrangements that we time when they need it but also to not option of being able to work it out with think ought to be available to Amer- see it as a cost savings, the bill pro- your employer and to work it out in a ican workers to those who are nor- vides that if an employee has chosen a framework of protections that are like- mally endowed with the right to work comptime option, if at any time the ly to result in your being able to suc- overtime. employee changes their mind, the em- ceed.’’ Overtime is not the prerogative of ployee only has to say ‘‘Nope, I’ve We are doing this, not with some pro- most American workers. Estimates run changed my mind. I would like to have gram we have dreamed up, not with as high as a third of the workers get the money back instead of the time some novel, untested, untried set of op- regular overtime. The census clearly and a half off.’’ portunities. We are doing this with a indicated only 4 percent of the hourly So, if someone had originally said, program that has been in existence workers who were women in 1996 said ‘‘I’ll take time and a half off,’’ think- now since 1978, almost 20 years, in the they got regular overtime. ing that would please the employer in Federal Government. We are doing this What if you would triple that number some way, they can reverse that deci- by proposing for the private sector the from 4 percent to, say, 12 percent? You sion. In addition, if he believed he kind of flexible working arrangements would still only have one woman work- needed to accept the comptime, in lieu which have been available in the public ing by the hour out of eight who re- of financial compensation, it would be sector and which workers in the public ceived regular overtime. If we are coercion and double current penalties sector have endorsed at a 10-to-1 ratio, going to provide flexibility to only one could be assessed. which workers in the public sector, be May 1, 1997 CONGRESSIONAL RECORD — SENATE S3885 they union workers or nonunion work- employees to work up to 80 hours in a comptime and flextime will be avail- ers, are eager to continue, and when week without receiving overtime pay. able at the workplace. There is no free- contracts are negotiated, there is an A company could schedule a worker for dom of choice for the worker. insistence that these kinds of provi- 60 hours in 1 week, and 20 in the next, There is nothing in this bill which sions continue to be available. all without a penny of overtime pay. prevents an employer from discrimi- I might just add one other thing This isn’t a family-friendly bill—it’s a nating against a worker who refuses to about the President and his involve- family-enemy bill. take comptime instead of overtime ment. The President, in his campaign, Fourth, the bill provides no employee pay. Under S. 4, an employer could law- called for ‘‘flexible work arrange- choice. The employer chooses who fully deny all overtime work to those ments’’ for citizens. He used that very works overtime and when an employee employees who want to be paid and language. He used that language again can use comptime. The employer can give overtime exclusively to workers in his State of the Union Message. He assign all overtime work to employees who will accept comptime in lieu of talked about ‘‘flexible working ar- who will accept comptime instead of pay. There is no freedom of choice for rangements.’’ When the President of overtime pay. Those who need over- the worker. the United States, President Clinton, time pay to make ends meet will no The employee may want a particular came into office, he noticed that there longer receive it. The bill also lets the day off so that she can accompany her was a small group of executive branch employer decide when employees can child to a special school event or to a workers who didn’t have the privileges use the comptime they have earned. If medical examination at the pediatri- that were accorded to the rest of the an employee wants to use comptime to cian. However, nothing in this legisla- Government workers regarding flexible take a child to the dentist, or attend a tion requires the employer to give the working arrangements and compen- school play, the employer is free to employee the day she requests. This satory time. When the President made deny the request. bill gives the employer virtually that observation, he did the right If the Republicans are genuinely in- unreviewable discretion to determine thing. The President said to the rest of terested in helping working Americans when a worker can use her accrued the workers, ‘‘I’m going to extend the deal with family needs, they should comptime. Here, too, there is no free- benefits of these kinds of working rela- support expansion of the Family and dom of choice for the worker. tionships by Executive order to you as Medical Leave Act. That law has been S. 4 contains much more than a badly Federal workers, because these are the a resounding success since its enact- flawed comptime provision. It contains kinds of things which will help you do ment in 1993. It gives employees up to a section entitled ‘‘Biweekly work pro- a good job, they will help us get good 12 weeks of unpaid leave a year to care gram’’ which literally eliminates the work, and they will help you resolve for a newborn or newly-adopted child, 40-hour workweek. The bill substitutes the tension between your family and or to deal with a serious medical condi- a provision which would allow an em- your workplace.’’ tion of the employee or close relative. ployer to work his employees up to 80 What was good for the President of Two proposals to expand the act are hours in a single week without paying the United States in his campaign, now under consideration in Congress. a cent of overtime. The employees Senator DODD proposes to apply the what he remarked on favorably in his would not even receive 11⁄2 hours of remarks to the Congress, what he indi- law to all firms with 25 or more em- comptime for each extra hour they cated was appropriate by way of Execu- ployees, instead of 50 or more employ- worked. tive order, is good for the American ees under current law. This step would The next new provision is entitled people. enable 15 million more workers to re- ‘‘Flexible credit hours.’’ Under this Mr. President, I yield the floor. ceive this important benefit. Senator provision, an employee who works Mr. KENNEDY. Mr. President, the MURRAY proposes to offer 24 hours of hours that are in excess of the basic Republican leadership is pushing its so- leave a year for employees to attend work requirement would no longer be called compensatory time bill, but a parent-teacher conferences and other entitled to overtime. Instead, the em- better name for it is the Paycheck Re- school events. ployee would get an equivalent amount duction Act. The bill has four fatal Those who support genuine family- of hours off at a later unspecified time. flaws: friendly policies know that the Family Under existing law, the employee First, it is a pay cut for large num- and Medical Leave Act works well for would be paid time and a half for such bers of workers who don’t deserve that working families. I urge my colleagues excess hours. Under comptime, the em- harsh treatment from either Congress to support its expansion and to reject ployee would at least receive 11⁄2 hours or their employers. The bill eliminates the Republican comptime Trojan horse. the guarantee of pay for overtime work I know there is significant interest in of time off for every excess hour for 65 million employees. The Repub- the idea of legislation that would allow worked. However, flexible credit hours licans have openly admitted their pay- an employee to make a genuinely vol- purport to offer the employee a new, cut strategy. When the National Fed- untary choice to be compensated for innovative alternative—work the ex- eration of Independent Businesses tes- overtime work in time off rather than cess hours but receive only 1 hour off tified at the Senate Labor Committee in pay. But, this is not that bill. Even for each excess hour worked. I cannot hearing on the bill, they said ‘‘Small those of you who support the concept imagine how any employee could turn businesses can’t afford to pay over- of voluntary comptime should oppose down an offer like that. Does anyone in time.’’ That’s why they support this S. 4. S. 4 contains four major provi- this room honestly believe an em- legislation. sions, each of which is designed not to ployee who was not being coerced Vast numbers of today’s workers de- help employees, but to allow employers would choose to participate in such a pend on overtime pay to make ends to reduce the amount of money they plan? meet. Half of those who earn overtime must pay their workers. The last feature of this bill appears take home $16,000 a year or less. More This bill isn’t meant to help employ- on page 43. We haven’t discussed it and than 80 percent earn under $28,000 a ees juggle their work and family obli- I would urge each of you to take a clos- year. American workers cannot afford gations. Instead, it is designed to help er look at it. It applies to salaried em- this Republican pay cut. employers cut workers’ wages. Forcing ployees. Under current law, they do not Second, the bill cuts other benefits. employees to accept time off instead of receive overtime when they work extra Health and retirement benefits are overtime pay is a cut. hours and their pay cannot be deducted based on the number of hours worked While the legislation purports to let for an absence of less than a full day. by employees, and their benefits would employees make the choice between S. 4 proposes to change that rule. Sala- be slashed too. Comptime hours do not overtime pay and comptime, it does ried employees would still receive no count as hours worked, so employees not contain the protections which are overtime but they could be subject to will lost health coverage while they are necessary to ensure that employees are deductions in their pay if they were ab- working, and much-needed pension free to choose and are free from re- sent. In other words, the fact that they benefits after they retire. prisal. could have pay deducted if they missed Third, the proposal abolishes the 40- Under S. 4, it is the employer, not the 5 hours of work in a week can no longer hour week. Employers could require employee, who decides what forms of be used to prove that they are hourly S3886 CONGRESSIONAL RECORD — SENATE May 1, 1997 employees entitled to overtime if they resented real progress for working fam- nothing to do with the basic principle work 5 hours extra another week. Is ilies. The idea was that if you worked of the 40-hour week, and the principle that fair? Is that enhancing worker’s over a 40-hour week, you would get that if an employee works overtime, he freedom of choice. paid time and a half. That is an impor- or she should get time and a half pay. When you analyze what S. 4 would tant principle. This piece of legislation This legislation undercuts that. really do for American workers, it essentially turns the clock back over a Mr. President, that hardly represents should be entitled ‘‘The Pay Reduction half a century. In a way it is a non- a step forward for working people in Act of 1997.’’ starter for that reason alone. this country. That is why, in its The essence of a genuine comptime Interestingly enough, we had an present form, this is the Paycheck Re- bill is the creation of new options for amendment when we were marking up duction Act. And that is why we are employees, not employers. As you the bill in committee which essentially adamantly opposed to it. That is why know, President Clinton has endorsed said, at least don’t give the employer most people in the country will be op- comptime legislation. However, even as all the power so that an employer is in posed to it when they learn all the pro- a supporter of the principle of a position to say to someone, Look, we visions in the legislation. comptime, he has stated that he would will not give you time and a half com- This is my last point for today. Mr. be compelled to veto S. 4. A letter sent pensation for overtime work. We will President, what is interesting about to this committee by the Acting Sec- give you flextime. So the employer is this is it is all done in the name of retary of Labor at the direction of the in a situation to say to a worker, OK, choice. But you know, we had some in- White House sets forth the failings of you worked an hour over; we’ll give teresting amendments in committee this legislation clearly: you a flextime hour—that is hour to that speak to this question. hour—but we won’t offer flexible com- I offered an amendment which said Any comptime legislation must effectively we have a Family Medical Leave Act and satisfactorily address three fundamental pensation at time and a half. That was right now which says that there are up principles: real choice for employees; real voted down. protection against employer abuse; and pres- Benefits cut. Health and retirement to 12 weeks of unpaid leave in the case ervation of basic worker rights, including benefits based on hours worked would of sickness of a child or an adult, so the 40-hour work week. President Clinton be slashed. why don’t we say this: If an employee will veto any bill that does not meet these Abolishes the 40-hour week. Em- has banked 10 hours of earned comp fundamental principles. time, and she calls her employer and While the President has called for and ployee could work up to 80 hours in a week without receiving overtime pay. says, ‘‘Look, I need that time off be- strongly supports enactment of responsible cause my child is sick,’’ she gets it comptime legislation, he will not sign any That is just unbelievable. Everybody automatically. The employer does not bill—including S. 4—that obliterates the should understand this. This is a sacred principle of time-and-a-half for overtime or principle. The reason we passed the get to shut her down and say no. If you that destroys the 40-hour workweek. Work- Fair Labor Standards Act is that many want to give the employee choice, do ers—not employers—must be able to decide employees, some the very employees not give all the power to the employ- how best to meet the current needs of their ers. But, Mr. President, that amend- Senator ASHCROFT was discussing, do family. ment was voted down. not have a lot of clout vis-a-vis their Mr. DEWINE addressed the Chair. We had another amendment which employers. took some parts of the labor force—for The PRESIDING OFFICER. The Sen- The idea was to have some basic pro- example, garment workers—and said, ator from Ohio. tection, so that if you were working we have a lot of people right now who, Mr. DEWINE. Mr. President, my col- hard to support a family and you whatever the law of the land says, are league from Minnesota indicated he worked overtime, you would get paid not even getting paid minimum wage was ready to proceed. Let me see if he overtime. That assurance is abolished. or earned overtime. We have a lot of is ready. For the moment, I suggest the Under this legislation, an employee absence of a quorum. examples of forced and unpaid over- could be working 50 or 60 hours a week time, and we have a whole backload of The assistant legislative clerk pro- or more and not get paid any overtime ceeded to call the roll. unfair labor practices. So couldn’t we for that. To move away from the 40- at least exempt some sectors of the Mr. WELLSTONE. Mr. President, I hour week turns the clock back about ask unanimous consent that the order work force where we know people are a half a century. vulnerable and somewhat powerless for the quorum call be rescinded. Finally, No employee choice. Em- The PRESIDING OFFICER. Without and, as a matter of fact, have been ex- ployer chooses who and when. Em- ploited by some employers? Thank objection, it is so ordered. ployer determines who works overtime Mr. WELLSTONE. Mr. President, I goodness most employers are not that and when an employee can use comp way. But that amendment went down thank my colleague, Senator DEWINE, time. This is, in many ways, one of the for his courtesy. as well. most troubling features of this legisla- Mr. President, one other example. We PRIVILEGE OF THE FLOOR tion. Please remember, and we had tes- had discussion where we said, wait a Mr. WELLSTONE. Mr. President, I timony in our subcommittee on this, minute, we have this backload, we have ask unanimous consent that Anne Wil- there are companies that really work all sorts of potential for abuse. Can’t son, who is interning with us, be grant- well with employees. They have good we at least have a commitment of re- ed the privilege of the floor during this partnerships, and there are situations sources so we have some enforcement? debate. where an employee works 4 days a You are going to need more people The PRESIDING OFFICER. Without week, 10 hours a day and takes off Fri- within the Department of Labor to en- objection, it is so ordered. day. That can be done now. You do not force this to make sure that people are Mr. WELLSTONE. Mr. President, I need to overturn the Fair Labor Stand- not forced to work overtime without will actually be relatively brief for ards Act. You do not need to overturn overtime pay because no matter what now. We are going to have time for the 40-hour week. That can be done you say in theory—about this being plenty of discussion and debate. In its now. voluntary—the vast majority of people present form—and I appreciate the Or what people can do is work 9 hours who work can tell you right now they words of my colleague from Missouri— a day as opposed to 8 hours and then do not always have a lot of choices. A this piece of legislation might better work half a day on a Friday or on a whole lot of people put up with really be called the Paycheck Reduction Act. Monday. That can be done now within awful working conditions. They put up I will just go over some bullet points the existing framework of labor law. with unsafe working conditions. They and marshal evidence behind each. Or people can go in at 7 and come put up with situations that none of us Pay cut eliminates the guarantee of home at 3 or come in at 10 and go home would want to be in. But they do it to pay for overtime work for 65 million at 6. There are all sorts of flexible ar- put food on the table. So couldn’t we at American workers. Mr. President, we rangements. Right now, employers can least provide people with some protec- passed the Fair Labor Standards Act give their employees this flexibility if tion? That is not here either. over half a century ago. It was an im- they so desire. The problem is, a lot of Mr. President, with all due respect, portant piece of legislation. It rep- employers do not do that. But it has this bill is hardly giving people more May 1, 1997 CONGRESSIONAL RECORD — SENATE S3887 flexibility. That is the way it sounds at my colleague from Ohio, Congress- ity that the law gives me today.’’ They first blush. But what really is at issue woman DEBORAH PRYCE, has done tre- have had this, Federal workers have, here is you essentially overturn por- mendous work on this bill. for several decades. State employees tions of the Fair Labor Standards Act, This is a bill that I am particularly have. you overturn the 40-hour week, you put proud to have been involved in to help I was Lieutenant Governor of Ohio people in the situation where the em- bring to the floor today, because I for 4 years. I do not recall one State ployer—and in most situations the em- think it will help bring the American employee ever coming up to me and ployer has the power—is going to say workplace into the 21st century and, saying, ‘‘I don’t like the flexibility to people, ‘‘Hey, we’re pleased to give more importantly, bring the underly- that we have.’’ In fact, just the con- you flextime,’’ or, ‘‘We’re pleased to ing labor law into the 21st century and trary. Everyone who has ever talked to give you an hour off, but it’s hour for make both more conducive, more un- me about it has said, ‘‘I enjoy it. I like hour, even if you worked overtime. derstanding, to the changing nature of it. It helps my family.’’ Even if you’ve banked hours, we’re not American society and of the American Mr. President, there are actually an- going to give you time and a half com- workplace, particularly of the Amer- tiquated Federal laws which are still pensation when you want and need it.’’ ican family and how people really live on the books that are preventing some Let me tell you, the reason people today. of the necessary changes in the non- work is because they need that pay to In the hearings that we held in the Government workplace. This is what put food on the table. The reason you Senate Labor and Human Resources this bill does. It sweeps away some of have so many families where both peo- Committee on this bill several months these old laws that prohibit workers ple work, both husband and wife, is be- ago, we heard facts that substantiate from doing what they want to do. cause they need the income. the monumental changes that have Let us say, for example, a mother I do not think people are interested taken place in American society in this wants to take her daughter to a doc- in seeing their paycheck cut. I do not century, particularly in the last 20 to tor’s appointment. She wants to make think people are interested in being 25 years, changes that make it abso- up the working hours she missed by put in a situation where they no longer lutely essential that we pass this legis- stacking them into other work days. receive time-and-a-half overtime com- lation. Today, Federal law, written by Con- pensation. I do not think people are Mr. President, today more than 60 gress in 1938, says the employer cannot going to be pleased with a piece of leg- percent of married women work out- do that. The employer has to say to islation that abolishes the 40-hour side their home; 75 percent of married her, ‘‘No. I am prohibited by law from week. And I do not think people are women with school-aged children work doing this. I want to do it. You want to going to be pleased with a piece of leg- outside the home; 75 percent of married do it. We are prohibited by law from islation which sounds great in theory couples with children have both doing it.’’ spouses working. about employee choice, but does not Mr. President, that simply does not We compare these statistics, Mr. have any of the provisions in it which make sense as we approach the next President, to the situation in 1950: 11 would really guarantee that that would century. Workers in this country need percent in 1950—11 percent—of married be a reality. more flexibility. So, Mr. President, I have a budget mothers with children under the age of Mr. President, earlier this month the meeting, and I apologize, because I like 6 worked outside the home. Today, al- Senate Labor and Human Resources to debate with my colleague from Mis- most 50 percent do—47 percent. Committee passed this bill, a bill that souri. I promise him I will be on the In less than half a century—in my would reduce some of the stress on floor whenever we get back to this, to lifetime—we have gone from around 10 America’s working families by making hear what he says and go back and percent of these mothers working out- the American workplace more family forth—and with my good friend from side the home to nearly half of them. friendly. Ohio. These two are my good friends. This is truly a historic social change. I We do not always agree, but they are believe the sponsors of this bill in both As chairman of the Employment and two Senators I really do like and re- the House and the Senate believe that Training Subcommittee, I handled this spect. I feel badly about speaking and it would be a good idea for the dynam- bill and we held several hearings. The leaving, but only because we have this ics of the American workplace to fi- hearings strengthened my conviction budget meeting right now. In any case, nally catch up with the dynamics of that this bill is long overdue. Mr. President, what I said was so com- our society. Senator JEFFORDS, the chairman of pelling, what I said is irrefutable and It would be a good idea, Mr. Presi- the committee, was on the floor a few irreducible, and I do not think they dent, for our laws to reflect the reality minutes ago and talked about Chris- could possibly respond to it anyway. of how people live today. Put simply, tine Korzendorfer, a woman, a mother Mr. President, I yield the floor. Mr. President, there are more single of several children, who works at TRW. Mr. DEWINE addressed the Chair. parents and dual income families in This is what she said, and I quote. She The PRESIDING OFFICER. The Sen- our work force today than ever before, is talking about overtime pay. ‘‘Pay is ator from Ohio. and their numbers are growing. In to- important to me.’’ That is important. Mr. DEWINE. I thank my colleague day’s society, employees are faced with ‘‘However, the time with my family is from Minnesota for the kind com- a difficult task of balancing their obli- more important. If I had the choice,’’— ments. I am sorry he is leaving, but he gations to family, to spouse, to chil- if I had the choice—‘‘there are times has an important mission on the Budg- dren, to work, school, other important when I would prefer to take comp time et Committee. I have debated this issue things. in lieu of overtime. What makes this on a number of different occasions in Mr. President, it is significant—it is idea appealing is that I would be able committee. But I must say that he is significant—that for many years Fed- to choose what option best suits my particularly eloquent today, because I eral, State, and local governments situation.’’ do not even recognize this bill after he have enjoyed the statutory ability to Mr. President, that pretty well sums finished describing it. It is an entirely offer their employees a flexible work it up. Individual choice is really what different bill than the bill I thought we schedule, thus allowing them an oppor- this is all about. It is the Christine passed out of committee. And I am sure tunity to spend more time with their Korzendorfers of this country, the many of the points that he raised families or more time to continue their hard-working Americans, who know today are going to be points of conten- education. best what kind of work schedule fits tion as this debate continues over the Mr. President, as our colleagues con- their needs. Giving these workers the next few weeks. sider this bill, I ask them to consider freedom of choice is the purpose of this Mr. President, let me first congratu- how many times they have had a Fed- legislation. The bill before us today, S. late Senator ASHCROFT and Senator eral employee, when they have been 4, the Family Friendly Workplace Act, KAY BAILEY HUTCHISON for the great back to their State, come up to them will amend the Fair Labor Standards work that they have done to bring this and say, ‘‘I don’t like this. I don’t like Act to finally provide employers and bill to the floor today. In the House, the comptime. I don’t like the flexibil- employees in the private sector with S3888 CONGRESSIONAL RECORD — SENATE May 1, 1997 the same benefits public-sector em- The PRESIDING OFFICER. The Sen- make a full-time salary and make ends ployees have enjoyed for many, many ator from Texas. meet at the end of the month. years. Mrs. HUTCHISON. Mr. President, The Family Friendly Workplace Act The bill contains three options for thank you. will enable those working mothers to making the workplace more flexible— I want to thank Senators JEFFORDS do just that. Senator ASHCROFT and I compensatory time off in lieu of mone- and DEWINE and Senator ASHCROFT for have made sure that these people who tary overtime pay, biweekly work their commitment to this bill. They are working hourly are not going to schedules, and flexible credit hours. have followed it through all the way lose their salaries because they do have Participation, Mr. President, is vol- from the beginning—Senator budgets. They have to meet the mort- untary. Let me stress this again and ASHCROFT, as the key sponsor, and Sen- gage payment. They have to meet the again. You are going to hear this word ators DEWINE and JEFFORDS, as the car payment or the rent payment. from me throughout this debate. It is chairman of the subcommittee and full They simply cannot afford to take time voluntary. No one has to do it. If the committee that shepherded this bill off without pay, as the President and employee does not want to do it, the through because they believed so much some Members of Congress have called status quo prevails. The employer has in what this bill can do for the more for. to want to do it, the employee has to than 60 million workers in this coun- That is the beauty of this bill. It al- want to do it before this law really try, including 28 million women, who lows the employee to be paid, while even kicks in. are paid by the hour. adding flexibility to their work week. Mr. President, I think that most peo- I was just listening to what Senator Another aspect that Americans like ple would be shocked if they knew that DEWINE was saying, and I have to say, so much about this bill is it would current law prohibits, absolutely pro- step back a minute and think about allow an hourly employee to say, ‘‘I hibits, employees and employers from the fact that the Federal Government would like to work 9 hour days and making the types of arrangements and is saying to the hourly employees of take every other Friday off work, with agreements that people in the public this country, ‘‘You cannot go in and pay.’’ Federal employees have this op- sector can do today. ask your employer to take off at 3 tion. Salaried employees have this If that law was not in effect today, if o’clock on Friday and work until 7 flexibility. that law did not prohibit that type of o’clock on Monday.’’ You cannot do Mr. President, I think it is important arrangement, do you think, Mr. Presi- that because the Federal law says your to keep in mind that these scheduling dent, Members of the Senate, that any- employer cannot offer you that option. options are all voluntary. There is one would come to the Senate floor and nothing that requires an employer or offer a bill to do that? Would anyone So if your child is playing in a soccer an employee to choose any of these op- come to the Senate floor and offer a game or a football game on Friday tions. If any employee is asked to work bill that said the Federal Government afternoon at 3 o’clock, which many overtime, that employee keeps the is going to step in and tell employees schools across our country do have in right to say ‘‘Great, I want time-and-a- and tell workers in this country that, their schedules, you cannot go in and half pay,’’ end of story. But if the em- if you want to make an arrangement get that opportunity to see your child, ployee says, ‘‘I want to take time-and- with the employer that allows you because the Federal Government says a-half in paid time off and not outright more flexibility in your life, that al- you cannot do it. Now, if you were a Federal employee pay now,’’ or ‘‘I would like to go ahead lows you to better decide when you are you could do it because Federal em- and work the extra hours and bank going to work, how you are going to ployees have that option. If you are a that time so that when my child’s soc- work—does anybody think that bill salaried employee, you could do it. It is cer game is scheduled’’ that employee would pass? Does anybody think that the Federal hourly employees who are not able to will have that option, in cooperation Government, if it did not have that law say, ‘‘I want to work two extra hours with the employer. in effect today, that we would want to on Monday so I can take off at 3 And because this added flexibility put that law into effect? The answer o’clock on Friday.’’ and free time for employees has been obviously is no. I think it tells us Mr. President, all this bill does is proven to boost morale and improve something when we look at that an- give the same option to hourly employ- productivity, giving hourly employees swer and look at the question in that ees that every Federal employee and these added freedoms becomes a win- way. Such a bill obviously would never every salaried employee has in our win situation for employee and em- pass. country. It is just amazing to me we ployer alike. In short, this bill makes Mr. President, the Fair Labor Stand- did not do this years ago. It was only imminent sense. My only surprise is ards Act and its underlying regulations Senator ASHCROFT who came in and that we did not update this antiquated simply do not allow private-sector em- said, ‘‘Why have we not done this?’’ labor law earlier. ployers to meet the demands of their Many of us were not even fully aware I commend Senator ASHCROFT, I com- employees for more flexibility in var- of the impact our out of date labor mend Senator DEWINE, and I commend ious forms of compensation. As a re- laws were having on Americans’ mod- Senator JEFFORDS for helping us get sult, working families are faced with ern lifestyles. this bill to the floor so that we will be tremendously difficult decisions. What are our modern lifestyles? Mr. able to finally say to the 28 million For example, will a mother sacrifice President, over two-thirds of the women that are hourly wage working hard-earned vacation time off to take women who have school-age children in women and the 30 million hourly wage her child to the doctor or to the hos- this country are working outside the working men in America, ‘‘You now pital? Should she forgo the compensa- home. When the Fair Labor Standards have the same freedom to schedule tion to make sure her sick child is Act was passed, we had a lot of moms time to spend with your loved ones properly cared for? Should she try to that could and that chose to stay that the rest of the workforce enjoys.’’ run home for an hour here or 20 min- home. Today, there are 58.2 million For the Federal Government to stand utes there? Can a single parent afford women in the workforce, and roughly in the way of those two individuals and to leave work early to attend a teacher half—28 million—are paid by the hour. say, ‘‘No, you cannot do this because conference, to help chaperone a class The other half are salaried employees Big Brother Federal Government in trip? Will a single parent ever find the or self-employed. The biggest stress Washington said 30 years ago when time to pursue greatly needed contin- factor they have in their lives is the in- there were not very many working ued education? These are the options ability to find the time in the average moms in the workplace, in a whole dif- that this bill will give. day to do the things they need and ferent era, that you could not do it.’’ I see, Mr. President, my colleague want to do for themselves and their Mr. President, we must enter in to the from Texas is on the floor. She has families. Working mothers and their 1990’s and update our labor laws to ad- worked long and hard to bring this bill children want to be able to share more dress the needs of the struggling hour- to the floor. I congratulate her for her of life’s activities—to be able to go to ly wage families in this country.’’ We great work. I yield to the Senator from the PTA meeting, the soccer game, the are going to let the marketplace work Texas. football game, and still be able to and we are going to take one source of May 1, 1997 CONGRESSIONAL RECORD — SENATE S3889 stress off the hourly employee in this the hourly employee does not have the working in the private sector, the per- country who wants to spend time at same flexibility today that a salaried son who is working paid by the hour— home with their children, time catch- employee does. The salaried employee does not give them per law that choice, ing up on errands, or just time relaxing can make an arrangement with the em- and, in fact, prohibits employers and with loved ones and friends. ployer to shift time, to be gone a Fri- employees from making that choice; That is what the Family Friendly day afternoon, to work extra some that determination. In that same poll, Workplace Act does. That is why I am other time, that flexibility is not avail- Mr. President, 82 percent said they happy to be a cosponsor with Senator able to the hourly employee. That is would support the Family Friendly ASHCROFT, and give the 28 million discrimination. That is wrong. That is Workplace Act. women and 60 million working Ameri- what this bill is aimed at rectifying. An article in the Cincinnati Enquirer cans in this country the same schedul- Mr. President, it is also discrimina- read, ‘‘A little flexibility would be a ing freedom that other employees in tion to say if you work for the Federal godsend to good workers who also want this country have had for years. Those Government or if you work for local to be good parents.’’ The article went Americans who work so hard day in government, you have to follow one set on to say, ‘‘It could benefit employers, and day out at their jobs, then have of rules and you have many options as too, who find it easier to recruit and that extra burden of having to work far as the time you work. But if you retain productive workers.’’ when they come home. Most do not work in the private sector, the Federal An article in the Akron Beacon Jour- come home from work and sit in a Government says, ‘‘Oh, no, you do not nal quoted Ann Morris as saying very chair and rest. They come home from have that flexibility.’’ That is discrimi- simply and for obvious reasons, ‘‘In the work and they fix dinner for the kids, nation. Again, that is what this bill is long run, my time is more important they fix lunch for school tomorrow, designed to rectify, change, and stop than the extra dollars.’’ and then they do homework with the that discrimination. Mr. President, furthermore, the kids or whatever it is that has to be S. 4, the Family Friendly Workplace President of our country, President done. Their day is not over at 5 o’clock. Act, Mr. President, will finally provide Clinton, has stated on more than one From time to time, they need to be the flexibility that today’s work force occasion that he understands the need able to take entire days or even weeks so desperately needs. The act will allow for more flexibility in the workplace off from work. The Family Friendly employers and employees to mutually and that he favors opportunities for workers, such as compensatory time in Workplace Act will allow them to save agree, voluntarily, on whether an em- lieu of traditional overtime pay, flexi- up the hours to do that. Mr. President, ployee will receive overtime compensa- ble credit hours, and biweekly work we cannot give America’s hardworking tion in the form of the traditional time schedules. This is what he said at the families any more than 24 hours in the and a half—money; or, that same time Democratic National Convention. I day, but we can do the next best thing and a half as compensatory time off. quote President Clinton. ‘‘We should by enacting this important legislation. That choice this bill gives to that em- pass a flextime law that allows employ- I thank Senator DEWINE for yielding ployee and that employer. ees to take overtime pay and money, or the floor. I hope we will be able to talk Employers and employees will be time off, depending on what is better about this for a long time to come be- able to mutually agree to biweekly work schedules instead of the tradi- for their family.’’ cause if the Democrats are indeed In describing his own initiative, this tional workweek. Employers and em- going to filibuster and keep the Senate is what President Clinton said: from responding to the needs of Ameri- ployees will be able to mutually agree This legislative proposal is vital to Amer- ca’s workers who overwhelming sup- on the use of flexible credit hours. ican workers—offering them a meaningful port this bill, then I am ready to talk These choices will alleviate the pres- and flexible opportunity to balance success- for a long time. This bill means a lot to sures working women, single parents, fully their work and family responsibilities. me and it will mean a lot to the fami- constantly face today, Mr. President, The legislation will offer workers more lies of our country. If we have to stand in their attempt to balance the respon- choice and flexibility in finding ways to earn on our feet and talk for 2 weeks, count sibilities at work with their obliga- the wages they need to support their families me in. tions to their children, their obliga- while also spending valuable time with their families. The PRESIDING OFFICER. The Sen- tions to their family. ator from Ohio. The cornerstone to each of these op- Mr. President, these options have Mr. DEWINE. Mr. President, let me tions is this foundation of choice. It is been on trial in the public sector. It is congratulate my colleague from Texas voluntary. It is giving the employee not as if we do not have a wealth of ex- for not only an excellent statement but one more tool. Mr. President, I and my perience in this area. We do have years for the tremendous work she has done, colleagues are not alone in recognizing and years of experience, and thousands not just on this bill, but on many that our work force, our workplaces and thousands of employees who have pieces of legislation that really reflect have changed. benefited from this. how American families live today. We are not alone in understanding It is always instructive, I think, be- Government, many times, has a hard that the Fair Labor Standards Act fore Congress to act to look to see time keeping up with changes in soci- passed many, many years ago no longer what experience we have. I think this ety. She has worked, for example, on in this respect totally meets workers’ has shown, Mr. President, that this is the homemaker IRA bill, another bill needs. We are not alone in understand- clearly what we need to do because the that, again, tracks the changes in soci- ing that it is time for change. experience has been in fact good. This is what President Clinton has to ety and gives families flexibility to A 1994 study by the Department of say about this. Let me quote: allow them to make adjustments in Labor stated that the primary concern their life, to live their lives the way of two-thirds of working women with Broad use of flexible work arrangements to enable Federal employees to better balance they want to live them. I congratulate children was the difficulty in balancing their work and family responsibilities can her for her great work and look for- work and family. No surprise. A poll increase employee effectiveness and job sat- ward to working on this bill and con- taken by Money magazine, just pub- isfaction while decreasing turnover rates and tinuing this debate in the future. lished in this May’s issue, states, absenteeism. Mr. President, I think one of the ‘‘Sixty-four percent of the public and 68 That is the view our President ex- points that my colleague from Texas percent of women said that if they had pressed on July 11, 1994. The President made very well is that this bill—the a choice between taking cash or time recognized that people sometimes have current law discriminates against off for working overtime they would to struggle very hard to balance the de- hourly workers. We have a situation definitely choose the time.’’ Let me re- mands of work and families. today where two people can be working peat that. Two-thirds said if they had a A couple of years after he made that together, one is a salaried employee, choice they would choose the time. It earlier statement, the President went the other is an hourly employee, and is a question of choice. even further calling on all Federal the hourly employee, really because of The point is, Mr. President, that cur- agencies to develop a plan of action for the way the law is written, because of rent law does not give the average better implementation of these flexible a quirk of history, legislative history, American worker—the person who is work schedules. Again I quote: S3890 CONGRESSIONAL RECORD — SENATE May 1, 1997 I am directing all executive departments that time and a half it gives it more much help—I say ‘‘help’’—that the and agencies to review their personnel prac- flexibility. It gives certainly more po- Nazis had in disposing of this loot. We tices and develop a plan of action to utilize tential value for the employee because are beginning to get some idea. Now we the flexible policies already in place . . . flexible hours that will enable employees to it allows the employee to decide how to have a better idea. schedule their work and meet the needs of take that. We know that Swiss banks facilitated their families. My colleague from Minnesota, Sen- the looting of gold from all over Eu- That is from a Presidential memo- ator WELLSTONE, also said it cuts bene- rope. We know that the accounts of randum dated June 21, 1996. fits. It is simply not true. We will have great numbers of Holocaust victims Finally, in his State of the Union Ad- the opportunity to talk about this at were never returned by Swiss banks to dress, this is what the President said. length. There has been no evidence their heirs. But we also know that our ‘‘We should pass flextime so workers brought forward that shows this at all. Nation had similar problems. Other na- can choose to be paid overtime and in- The facts simply aren’t there. tions had similar problems and partici- come, or trade it in for time off to be He also said that it abolishes the 40- pated. France was one of them. with their families.’’ hour work week. That is not true. It I am shocked to see a December 1995 This is a quote the Democratic Lead- just isn’t true. I ask what is wrong report which I am holding here from ership Council: with an employee having the option to the French Ministry of Justice. Public policy should support two-parent design his or her biweekly time with Mr. President, this report details an families by giving them as much flexibility the consent of the employer, if they audit of some of France’s most pres- as possible to balance family and income both want to do it? What is wrong with tigious museums and explains how needs. The tools and protection workers need them designing the work week that these museums for over 50 years man- in the information age are different from says the employee will have every sec- aged to hide their ownership of almost those required in the industrial era. The Fair 2,000 works of art—1,955 works of art, Labor Standards Act needs to be modernized. ond Friday off? Maybe he or she wants Even with squeezed family budgets, for some to spend time with their family. Maybe to be precise, art that was looted from workers time off may be as valuable as extra they want to volunteer. Maybe they the victims of the Holocaust and depos- money. want to go fishing. Maybe they want to ited with these museums during the Mr. President, this type of bipartisan go hunting. It is not Government’s war, some of them sold on the so-called support I think provides us with a re- business. black market by the Nazis, who markable opportunity. A Democratic The current law prohibits employees stripped Europe, who stripped individ- President and Republican and Demo- and employers who do not work for the uals as they came through with their cratic leaders in Congress are united on Federal Government and who work by killing machine and sold the art or de- an important national issue facing the the hour from being able to make that posited it with these museums that American workplace. We may never kind of an arrangement. Is that an at- knew they were not the true owners have a better opportunity to pass this tack on the 40-hour workweek? I don’t who were selling it to them. legislation. think so. And I don’t think the Amer- Curator after curator cared more For the sake of those Americans who ican worker thinks so either. about the so-called, to use their words, are faced daily with the difficult chal- My colleague talked about enforce- sanctity of their collections, the muse- lenge of deciding between their liveli- ment. We listened to the testimony. We um’s collections than for justice of the hood, their family, their employers, listened to the complaints that were family from which art work was stolen. and the American work force as a made and the criticisms of the bill. This is unconscionable for the museum whole, I urge swift passage of this bill. And some of them, quite frankly, were to be saying, and I quote the museum I would like, Mr. President, to take justified. No bill is perfect, as it is in- in Versailles, the curator said, ‘‘Each just a moment—I am sorry my col- troduced. We took those criticisms, and every one of these works has its league from Minnesota is not here. He and altered the bill to try to deal with proper place in our collections.’’ Do not indicated that he was looking forward the constructive criticism from the disturb them. It does not matter that to continuing this debate. I know he other side of the aisle. they were stolen. It does not matter will in the weeks ahead. He had to This is a better bill as it comes to the that it was their property. leave to attend a budget hearing. But I floor, quite frankly, than it was when The report also quotes a curator from would like to briefly address several we started. the Muse´e d’Orsay as having said that comments that he made when he My colleague suggested that they a painting held in his collection by talked about this bill. I rather jok- certainly get credit for that. But the Gustave Courbet, the great painting of ingly, as he was leaving the floor, said enforcement is there. The enforcement the Cliffs at E´ tretat After a Storm— to him that the bill he had described is there. It relies on the current en- and here is a photograph of that paint- was not the bill that I thought we forcement of the Fair Labor Standards ing; it is one of the great masterpieces passed out of the committee. Let me Act—enforcement that has been in of the world—is one of the master- explain to my colleagues. place. The mechanism is there. And it pieces that we would have to buy at a He cited four problems that he saw provides very, very specific and tough great price if we did not already have with this bill. The first was he said it penalties if, in fact, an employer in any it. was a pay cut. He said that overtime way tries to coerce an employee, if Well, they may have it, but who does should be sacred. Mr. President, he is they in any way try to abuse the privi- it rightfully belong to? Are we saying absolutely right. Overtime should be leges that are given employees and em- that the great art museums of the sacred. Overtime is sacred in this bill. ployers in this bill. world, and particularly in France, have What we are simply saying is that if So I look forward, Mr. President, to a right to keep this stolen art work? an employee, because of his or her fam- having the opportunity to discuss this Mr. President, this painting sits ily situation, or for whatever reason, bill in the future. today in the Muse´e d’Orsay and the decides that they would rather take I yield to my colleague from New simple matter is that it does not be- time and a half in time at some other York. long to that museum. This painting, date instead of money, they have the f along with thousands of others and option to do that providing both the with other art objects in the French employee and employer want to do DISPOSITION OF LOOTED museums, should be immediately that. That is all it says. That is flexi- ARTWORK turned over to an independent author- bility. That is allowing workers who Mr. D’AMATO. Mr. President, when ity to quickly establish its rightful work by the hour to get paid by the the Banking Committee began the in- ownership. The French Government hour, to have the same rights Federal quiry into Swiss banks, we had no idea has established a commission to study workers have, that State workers have, where the trail would lead. We know the problem but the true owners should and the same rights that salaried em- that the Nazis had looted personal be- not have to put up with the delays that ployees have today. longings of millions from all over Eu- go along with commissions like this. It So it preserves the concept of over- rope—gold, personal matters, bank ac- has been 50 years, as the report states. time, and time and a half. In fact, with counts. But we really did not know how The French museums have made little May 1, 1997 CONGRESSIONAL RECORD — SENATE S3891 or no attempt to find either the heirs The PRESIDING OFFICER. Without I ask unanimous consent that ex- or the owners of these art works. These objection, it is so ordered. cerpts of the remarks of our colleague, works have appeared in exhibits nu- f the senior Senator from New York, at merous times, have been in possession Georgetown University’s Marvin H. GROWING INTELLIGENCE BUDGETS of the most prominent art museums in Bernstein Lecture be printed in the the world. The process of returning Mr. KERRY. Mr. President, recently RECORD. I commend this important these works of art must be put in the our colleague, Senator MOYNIHAN, se- commentary on the problems of bu- hands of a party that can search for cured, or maybe not so recently, his reaucracy and secrecy to all of my col- true owners and do so without a worry FBI file, and it is interesting that in leagues. whether or not they fit neatly into mu- 1961, in a memorandum suggesting a There being no objection, the mate- seum collections. After more than 50 meeting between himself and a then rial was ordered to be printed in the years, it is time for justice. And just as very youthful DANIEL PATRICK MOY- RECORD, as follows: we seek that proper accounting from NIHAN, J. Edgar Hoover wrote, ‘‘I am SECRECY AS GOVERNMENT REGULATION not going to see this skunk.’’ the Swiss bankers, it is time that (By Senator Daniel Patrick Moynihan) French museums do the same. Now, the Senator from New York has been called many things, as we all have Marver Bernstein was a scholar of great Mr. President, almost 3 weeks ago, I range and authority, but his primary work wrote to the French Ambassador, a let- in the course of our careers, but after concerned government regulation, notably ter dated April 8, which I will submit considerable amount of reflection I his celebrated editorship of Volume 400 of for the RECORD and ask unanimous con- concluded that the only way in which The Annals: The Government as Regulator. sent that it be printed. this moniker could stick would clearly In that tradition, I would like to consider se- There being no objection, the letter be in a way that J. Edgar Hoover did crecy as a form of government regulation. was ordered to be printed in the not intend, and that is that the distin- If at times my account appears more anec- dotal than analytic, I plead that data is the RECORD, as follows: guished Senator from New York has long and often been a skunk at the gar- plural of anecdote. U.S. SENATE, COMMITTEE ON BANK- And so we begin of a morning early in Jan- ING, HOUSING, AND URBAN AF- den party of the intellectually com- uary, 1993, when I paid a farewell call at the FAIRS, fortable, challenging our thinking White House on George Bush, a fine friend Washington, DC, April 8, 1997. about the status quo. and a fine President. As I was leaving the His Excellency FRANCOIS BUJON DE L’ESTANG, Most recently, he has brought this Oval Office, his redoubtable Chief of Staff Ambassador, The French Embassy, very considerable skunk-like presence James A. Baker, III ran into me, and asked Washington, DC. to the matter of America’s intelligence if I might wait for him in his office until he DEAR AMBASSADOR BUJON DE L’ESTANG: As bureaucracy in the post-cold-war era. had finished some business with the Presi- you are probably aware the Senate Banking dent. I went down the hall, was served coffee, Committee, of which I chair, is currently He has asked why it is that our vast in- telligence apparatus, built to sustain and awaited his pleasure. conducting an investigation into the disposi- In time he returned to his office, went out, tion of heirless assets belonging to victims of America in the long twilight struggle and came back with a small stack of what the Holocaust. One of the subjects of our in- of the cold war continues to grow at an seemed like magazines. Baker wanted to vestigation is the disposition of artwork exponential rate? Now that that strug- show me what had become of the morning in- looted by the Nazis during the Second World gle is over, why is it that our vast in- telligence summary.That is to say, the Na- War. It is my understanding that there are telligence apparatus continues to grow tional Intelligence Daily, or ‘‘NID’’, which currently 1,995 pieces of such artwork in even as Government resources for new the Central Intelligence Agency had begun storage in Paris. Could you please provide back in 1951. It used to be ten or twelve pages me with a descriptive list of this artwork. and essential priorities fall far short of what is necessary? Why is it that our long, plain cover, Top Secret. Some three Additionally, could you inform me of the hundred copies were printed. The real stuff, steps your country has taken to identify the vast intelligence apparatus continues Baker now showed me half a dozen national rightful owners of these works of art and the to roll on even as every other Govern- intelligence dailies from half a dozen na- numerous dormant French bank accounts be- ment bureaucracy is subject to increas- tional intelligence agencies. Some had pho- longing to victims of the Holocaust. Thank ing scrutiny and, indeed, to reinven- tographs on the cover, just like the Washing- you for your cooperation in this very impor- tion? ton Post. Some were in color, just like the tant matter. Our colleague’s answer is an impor- Washington Times. The Chief of Staff ex- Sincerely, plained it was necessary for him to arrive at ALFONSE D’AMATO, tant one for all of us to reflect on. The answer is secrecy and bureaucracy. It dawn to read them all, try to keep in mind Chairman. what he had already read in the press or seen Mr. D’AMATO. My office has been in is secrecy that conceals structure, on television, and prepare a summary for touch with the French Embassy and budgets, functions, and critical evalua- POTUS. As Paul C. Light would have it, gov- has been assured of their cooperation tion from the public, the executive ernment had thickened and heightened; repeatedly. I told them I was going to branch and most Members of Congress, someone now had to summarize the summa- come to the floor today. We called including those on appropriate over- tions. sight committees. It is bureaucracy, I left musing about this. I had a passing ac- them. We were assured by the Ambas- quaintance with public administration the- sador’s secretary, oh, yes, we are going the nature of the self-perpetuating in- stitution like any of our intelligence ory, having been patiently instructed by to get you this information. James Q. Wilson and Stephen Hess. I knew This is not a great secret. This Jus- agencies, that leads to an ongoing re- Anthony Downs. Had even spoken to Luther tice Ministry report again goes back to definition of purpose and ongoing cre- C. Gulick as he approached his 100th birth- 1995. The quotes that I have given you ation of redundant systems and ongo- day in a hamlet on the banks of the St. Law- come from this report in terms of the ing expansion of scope. rence River. I was beginning to be familiar attitude of the museums. The first component, secrecy, means with the new ‘‘institutional sociologists’’ So whether it is ‘‘Cliffs at E´ tretat’’ that the normal active tools of democ- such as Paul DiMaggio, Walter Powell, How- ard Aldrich. I had read with great profit the or whatever artwork it is that has been racy, that is, press scrutiny, public de- bate, and appropriate oversight from works of Suzanne Weaver and Robert A. stolen and taken illegally, it is time Katzmann in the M.I.T. series on Regulatory now for a proper accounting. That is executive and the congressional Bureaucracy. And a common theme was what we seek. We will continue to pur- branches, are absent. And the second emerging. To cite DiMaggio and Powell, ‘‘Or- sue this matter. I hope that the French component, bureaucracy, means that ganizations are still becoming more homo- Ambassador and the French Govern- reform, downsizing, reorganization, geneous and bureaucracy remains the com- ment would begin to work with us in and elimination of redundancies cannot mon organizational form.’’ accommodating justice. come from within because, as the Sen- Light calls this ‘‘isomorphism,’’ In a 1978 I thank my friends. I yield the floor. ator from New York demonstrates, our lecture drawing on Wilson, and through him Mr. KERRY addressed the Chair. intelligence apparatus is merely fol- on to the 19th century German sociologist Simmel, I had propounded ‘‘The Iron Law of The PRESIDING OFFICER. The Sen- lowing the norms of all agencies. Emulation.’’ Organizations in conflict be- ator from Massachusetts. This suggests that the intelligence come like one another. (Simmel had noted Mr. KERRY. Mr. President, I ask bureaucracy will not, indeed cannot, that the Persians finally figured out it was unanimous consent that I be permitted change until we act on the cultural best to have Greeks fight Greeks.) The Unit- to proceed as if in morning business. barriers to reform. ed States Constitution assumed conflict S3892 CONGRESSIONAL RECORD — SENATE May 1, 1997 among the three branches of government; I by the bureaucracy as this attitude, which thor but including the Secretary himself, traced conflict techniques among them rang- cannot be substantially justified beyond that a dangerous person had infiltrated their ing from office buildings to personal staffs to these specifically qualified areas. In facing a ranks with the clear implication that he foreign travel. Now, however, one’s attention parliament, the bureaucracy, out of a sure should go. I can’t demonstrate this but offer was directed to conflict techniques employed power instinct, fights every attempt of the the judgment that at this time in Washing- by agencies within one branch, the Execu- parliament to gain knowledge by means of ton at any other department the person in tive. its own experts or from interest groups. The question would have gone. Hoover had files The intelligence community called out for so-called right of parliamentary investiga- on everyone, or so it was said. He and Allen attention. Perhaps it was the room I had just tion is one of the means by which parliament Dulles at the CIA were JFK’s first an- left, this southwest corner room in the White seeks such knowledge. Bureaucracy natu- nounced appointments, rather reappoint- House. I was there on the early afternoon of rally welcomes a poorly informed and hence ments. November 22, 1963, awaiting news from Dal- a powerless parliament—at least in so far as The Department of Labor was different las. The door burst open; in rushed Hubert H. ignorance somehow agrees with the bureauc- only insofar as Arthur J. Goldberg was dif- Humphrey. ‘‘What have they done to us?’’ he racy’s interests.’’ ferent. On August 2, C.D. ‘‘Deke’’ DeLoach gasped. By ‘‘they’’ we all knew; the Texans, The Federal Bureau of Investigation is had informed the Secretary that ‘‘it would the reactionaries. Later in the day one nearest the ‘‘ideal type’’ of such a bureauc- appear to be impossible to deal with Moy- learned a suspect had been arrested; associ- racy, and has the longest experience of the nihan on a liaison basis in view of his obvi- ated with Fair Play for Cuba. At midnight I secrecy system that developed in the United ous biased opinion regarding the FBI.’’ The met the cabinet plane that had been halfway States from the moment of our entry into Secretary called me in, said: ‘‘Pat, you have to Japan. I sought out the Treasury official the First World War and the enactment of a problem. Go and explain your point of view in charge of the Secret Service. We must get the Espionage Act of 1917. The system began to the Director.’’ The next day, DeLoach custody of Oswald, I pleaded. Else he will as a mode of defense against foreign subver- agreed to see me, but made plain he could never get out of that jail alive. sion, frequently exploiting the divided loyal- barely stand the sight. There is a three-page, After Oswald was shot, I went round in the ties of recent immigrants, and not infre- single-space memorandum of the meeting in quently stigmatizing an entire class of per- company of John Macy, head of the Civil my FBI file, sent to the Director through fectly loyal citizens. This pattern persisted Service Commission, pleading that an inves- John Mohr. It concluded: through the inter-war period, the Second tigation had to look into the jaws of hell, ‘‘Moynihan is an egghead that talks in cir- World War, and onto the Cold War. From else we would be living with a conspiracy cles and constantly contradicts himself. He eminences such as Theodore Roosevelt who theory the rest of our lives. I carried with shifts about constantly in his chair and will in 1917 sounded the warning against ‘‘the me a recently reprinted book of the post- not look you in the eye. He would be the Hun within,’’ on to the obscenities of the Civil War era which ‘‘proved’’ that the Jesu- first so-called ‘‘liberal’’ that would scream if McCarthy era, down to the present when, if its assassinated Lincoln: the FBI overstepped its jurisdiction. He is I do not mistake, Islamic Americans are ‘‘Booth was nothing but the tool of the Je- obviously a phony intellectual that one going to find themselves under surveillance, suits. It was Rome who directed his arm, minute will back down and the next minute after corrupting his heart and damning his as it were. I offer this proposition. The attempts at strike while our back is turned. I think we soul.’’ made numerous points in our interview with And, of course, today something like half of subversion were real, but never of truly seri- ous consequence. The one exception was the him, however, this man is so much up on all Americans think the CIA was involved in ‘‘cloud nine’’ it is doubtful that his ego will the assassination of President Kennedy. atomic espionage at Los Alamos. But even that was temporary. Soviet scientists would allow logical interpretation of remarks made There is even a Hollywood movie to prove it. by other people.’’ Nor can the historians disprove it. The have developed an atom bomb on their own; The Director appended a handwritten nota- records are sealed. We have an Assassination as they did a hydrogen bomb. Espionage is tion, ‘‘I am not going to see this skunk.’’ Records Review Board that lets some things intriguing, but data analysis is more reward- I survived: in part, I think, because the out; not much. Recently, an eminent author ing. One thinks of the poster in the head- agency had no fall-back position. One raid wrote to tell me of a meeting with some CIA quarters of the Internal Revenue Service. ‘‘It had always done the trick; no Secretary ever officials a few years ago in an effort to get Took an Accountant to nail Al Capone.’’ The asked that a 34-year-old get in to see the Di- some information on how the agency handled problem is that in this, as in much else, the rector. the aftermath of the assassination: American public, and the Congress at time, ‘‘Surely, I said, the agency has an interest were led to believe that it took the more se- Organizational maintenance is nowhere in countering such a widely shared conspir- cretive FBI. more manifest, and at times ruinous, than in acy theory with the truth. I got . . . blank It happens this is not true, but heaven help matters of national security. Hoover was stares.’’ anyone who suggested otherwise at mid-cen- present at this creation during the war In his classic study, The Torment of Se- tury. Or such was my experience. As an aide hysteria of 1917 and 1918 and the anti-radical crecy, which appeared in 1956, Edward A. to Governor Averell Harriman of New York rumpus that followed, including Attorney Shils defined secrecy as ‘‘the compulsory in the 1950s. I became interested in the sub- General A. Mitchell Palmer’s celebrated withholding of information, reinforced by ject of organized crime after a State Trooper raids. The FBI was on to Communist activi- the prospect of sanctions for disclosure.’’ But came upon an extraordinary assembly of ties fairly early on, and not about to cede secrets are disclosed all the time, and sanc- mob leaders from around the nation that territory. Richard Gid Powers has related tions for disclosure are rare to the point of convened in the hamlet of Apalachin in the the struggle with the Office of Strategic being nonexistent. (In the eighty years since Southern Tier of New York. I became periph- Services during World War II—Hoover want- the Espionage Act of 1917, only one person erally involved as a Senate staffer with Rob- ed to go overseas. There were social tensions, has been sent to prison simply for revealing ert F. Kennedy, who was pursuing the sub- as Powers records. ‘‘Oh So Social,’’ for the a secret, as against passing material to a for- ject. In July, 1961, I published an article in Office of Strategic Services; ‘‘Foreign Born eign power.) In 1995, I was asked to write an the Reporter magazine entitled, ‘‘The Pri- Irish,’’ for the FBI. introduction to a paperback edition of Shils’ vate Government of Crime,’’ in which I ar- However, there is another perspective, per- work, and came up with the thought that se- gued that from its roots in prohibition, haps best evoked by the tale of British For- crecy is a form of government regulation. If which was a large scale manufacturing and eign Secretary Ernest Bevin, sometime head this were so, we could look for the patterns marketing activity, that there was some- of the Transport and General Workers Union, those institutional sociologists keep coming thing that could reasonably be termed orga- on his return from the 1945 Potsdam con- up with. nized crime, that it was serious, and that we ference. What, he was asked, were the Sovi- Begin with Max Weber and his chapter, had not found a way of dealing with it. Why, ets like? ‘‘Why,’’ he replied, ‘‘they’re just ‘‘Bureaucracy’’ in Wirschaft und Gescllschaft I asked, did American government have so like the bloody Communists!’’ By contrast, (Economy and Society), published after his little success in dealing with this phenome- it is quite possible that Harry S. Truman had death in 1920, but most likely written in part non? My general thesis was that there was never met a Communist until he sat down prior to World War I. He writes: insufficient organizational reward. Almost with Stalin at the same conference. Simi- ‘‘Every bureaucracy seeks to increase the in passing, I noted that the FBI, which had larly, Hoover may never have met a Com- superiority of the professionally informed by ‘‘not hesitated to take on the toughest prob- munist in his own circles. It was a matter of keeping their knowledge and inventions se- lems of national security . . . has success- regionalism, in what was then a much more cret. Bureaucratic administration always fully stayed away from organized crime.’’ It regional nation. The clandestine activities of tends to be an administration of ‘secret ses- got you nothing but institutional trouble. the Communist Party of the United States of sions’ in so far as it can, it hides its knowl- By now I had joined the Kennedy adminis- America were common knowledge within po- edge and action from criticism. tration as an aide to then-Secretary of Labor litical and intellectual circumstances of ‘‘The pure interest of the bureaucracy in Arthur J. Goldberg. In a matter of weeks Manhattan in the 1930s. They were a given. power, however, is efficacious far beyond from the publication of the article, the De- Such urbanity, if that is not an offensive those areas where purely functional interests partment of Labor building on Constitution phrase, was unknown to the ward politics of make for secrecy. The concept of the ‘official Avenue was literally raided by G-Men. They Kansas City, and equally to the Protestant secret’ is the specific invention of bureauc- hit the Secretary’s floor in unison, went door churches in young Hoover’s Seward Square racy, and nothing is so fanatically defended to door, told everyone save the hapless au- on Capitol Hill. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3893 In this sense, it was as easy for Harry S. George Kennan, and embodied in the policies evident that the Soviet Union had long Truman to believe that there were no Com- of such as Acheson and McCloy, gave way to maintained an active apparatus for espio- munists in government as for J. Edgar Hoo- an agitated anxiety, rhetorically on the part nage in the United States. For a country ver to believe they were everywhere. Neither of Republicans, but as a matter of practice which had never previously thought of itself had any experience with a political commu- and policy on the part of Democrats. A real- as an object of systematic espionage by for- nity in which some persons were Com- ist view would have seen the Soviet Union as eign powers, it was unsettling.’’ munists, some had been, some had nuanced an absurdly overextended colonial colossus The larger society, Shils continued, was differences, some implacable hostility. The which would collapse one day, essentially ‘‘facing an unprecedented threat to its con- world, you might say, of Whittaker Cham- along ethnic lines. (What, after all, had hap- tinuance.’’ In these circumstances, ‘‘The bers. Or, for that matter, the late Albert pened to the other European empires in the phantasies of apocalyptic visionaries now Shanker, President of the American Federa- second half of the 20th century!) Instead, claimed the respectability of being a reason- tion of Teachers. His February 1997 obituary Democrats, launched an invasion of Cuba, able interpretation of the real situation.’’ A records his struggle with Communists in the bringing the world close to a nuclear ex- culture of secrecy took hold within Amer- teachers’ unions of New York City in the change, and leaving an absurd problem with ican government which abetted a form of 1950’s. Thus: ‘‘The anti-Communist Teachers us to this day. Off we went to Vietnam, quite threat analysis which led to all manner of Guild was a weak group of 2,400 members.’’ oblivious to the Russian-Chinese hostilities misadventure. In the tumult and torment that followed that broke out at the same time. And so on. The permanent crisis perceived in Wash- World War II, it would appear that at first In 1974, Donald L. Robinson described this as ington was surely overdone. Hoover tried to ‘‘warn’’ Truman of suspected ‘‘The Routinization of Crisis Government.’’ I offer what follows somewhat as conjec- Communists in or about the American gov- After all, regulatory regimes seek routine! ture, but with a measure of conviction. The ernment. We have in the Truman Library a Part of this disorder may be ascribed to Soviet Union never intended to invade West- four-page letter of May 29, 1946, from the Di- the development of a vast culture of secrecy ern Europe, or generally speaking, engage in rector to George E. Allen, then head of the within the American government which a third World War with the West. The leaders Reconstruction Finance Corporation, and a hugely interfered with the free flow of infor- in Moscow were, for a while there at least, friend of the President, concerning ‘‘high mation. The Central Intelligence Agency Marxist-Leninists. That doctrine decreed Government officials operating an alleged came into being, rather to the annoyance of that class revolution would come regardless. espionage network in Washington, D.C., on the FBI which was slow to cooperate with it. It had been hoped for in 1919–20, again in behalf of the Soviet Government.’’ Almost (For that matter, it was not until 1952 that 1945–48. It hadn’t occurred, but it surely everyone of consequence was implicated. the Pentagon felt comfortable enough with would. In the meantime, build socialists at First of all, ‘‘Under Secretary of State Dean the CIA to share the VENONA decryptions.) home. Early in the Cold War the United Acheson,’’ ‘‘Former Assistant Secretary of Scientists such as Frederick Seitz protested States developed surveillance techniques, be- War John J. McCloy,’’ ‘‘Bureau of the Budg- secrecy, but with small success. The problem ginning with the U–2 ‘‘spy plane’’ and lead- et—Paul H. Appleby.’’ It happens I had a was that the secrecy was secret. No one ing on to satellite imagery of today’s Na- slight acquaintance with McCloy, rather knew what was in the NID. And so matters of tional Reconnaissance Office. more with Acheson, and was close to large import were never really debated. I conjecture that this technology, and as- The most important area was that of the Appleby. Anyone with the least sense of the sociated underwater devices, gave us first of Soviet economy. From the mid-1960s on, the Marxist mindset would instantly understand all the security of knowing we would get a intelligence community perceived the Sovi- that such men lived in a wholly different heads up on any serious Soviet preparations ets growing at a considerably greater rate world. for an attack. Not, perhaps, a spasmodic nu- There now commenced a tragedy of large than the United States. Inevitably, a ‘‘cross- clear strike by a crazed commander but any- consequence and continued portent. On De- over’’ point would come when the GDP of the thing approaching mobilization of the sort cember 20, 1946, Meredith Gardner of the USSR would exceed that of the United that said to have triggered World War I. Army Signal Agency across the Potomac States. In fairness, in the early years there (Once one side starts, the other must start, ‘‘broke’’ the first of the coded VENONA dis- were outside economists who seemed to else a five-day advantage prove decisive, patches sent mainly by the KGB from New agree, notably Samuelson. But this fell off. etc., etc.) York to Moscow. It was dated December 2, In the summer of 1990, Michael J. Boskin, Similarly, in time, the Soviets had their 1944. There were names of the principal nu- then-chairman of the Council of Economic own satellites: could track NATO forces, the clear physicists working at Los Alamos. Advisers, testified before the Senate Foreign various U.S. Fleets, our bombers and so Treason most vile had indeed taken place, Relations Committee on this matter. He es- forth. We never planned to invade the Soviet was still going on, was indeed occurring, timated that Soviet GNP came to ‘‘only Union. We were obsessive about the Western even as Acheson and Newman and Marks and about one-third of the GNP of the U.S.’’ He Hemisphere: nothing new since Monroe’s others worked at establishing some kind of volunteered that ‘‘as recently as a few years time. And seemingly incapable of under- international post-war regime to control the ago, the CIA estimates were at 51 percent.’’ standing that when an idea dies in Madrid, it bomb. They knew well enough that the bomb In a question, I noted that the highest pub- takes two generations for word to reach Ma- would not remain a secret long. Science does lished figure was 59%, but that the secret es- nagua. But never warlike as regards the So- not keep secrets. But they did not know that timates were even higher. It is hard not to viet Union itself. the Soviets had got hold of our plans, and in conclude that the Agency had simply ac- A second lesson is less sanguine. The Cold consequence, would get their own bomb two quired an institutional interest in the view War has bequeathed us a vast secrecy sys- to three years sooner than otherwise, and that the Soviets were gaining on us. We will tem, which shows no sign of receding. It has hence would want no part of an international debate for some time—say a century—wheth- become our characteristic mode of govern- regime. er the arms build-up, begun by President ance in the Executive Branch. Intelligence They did not know because J. Edgar Hoo- Carter in the Cold War mode, but continued agencies have proliferated; budgets continue ver did not tell them. for some time by President Reagan, some- to grow, even as the military subsides. Every Army Signals decrypted the cables, leaving how ‘‘bankrupted’’ the Soviet Union. But the day we learn of some new anomaly. As, for it to the FBI to identify the individuals des- Cold War did end, and the West did prevail. example, the Commerce Department em- ignated by code words. Julius Rosenberg was There cannot be too much fault to be found ployee who took his Top Secret clearance LIBERAL. Another atomic spy, the 19-year- with this outcome. But surely there are les- with him to the Democratic National Com- old Harvard graduate Theodore A. Hall, was sons. mittee. (Look for the day when it is a mark MLAD (Russian for ‘‘youngster’’). The first lesson is that a culture of secrecy of institutional prestige to have an honest- The National Security Agency has now kept the nation from learning the extent of to-goodness spy discovered within one’s made public the VENONA decryptions.8 We Communist subversion in the 1930s and 1940s. ranks!) In 1995, there were 21,871 ‘‘original’’ never broke more than perhaps 10 percent of (Subversion was present from the first. John Top Secret designations and 374,244 ‘‘deriva- the traffic, such is the impenetrability of Reed was a paid Soviet agent. But it didn’t tive’’ designations. Madness. one-time pads. But all of a sudden, in 1995, much matter until World War II came in In the meantime, as old missions fade, the the American public learned what we had sight.) Unlike the anti-German hysteria of various intelligence agencies seek new ones. known. the First World War, and the anti-Japanese This has been painful to observe. I cannot The awful truth, however, is that when the hysteria of the Second, concern with Com- say I could wish for the return of J. Edgar President of the United States needed to munist subversion from the 1930s into the Hoover, as he thought I was a skunk. But know this, which is to say Harry S Truman, Cold War was entirely appropriate. Even so, someone needs to learn from Hoover’s cau- he was not told. the Soviet success was limited, and was wan- tion about taking on problematic missions. As best we know, and we never will know ing by the time we began to be aware of it. For example, keep the CIA out of drug traf- until the FBI opens its own files, President (The Soviet threat was another matter; an ficking. Stick to terrorism and weapons Truman was never told of VENONA. Nor it adversary with nuclear weapons, comething technology, including, of course, biological would appear, was Attorney General Tom wholly new to the human condition.) ‘‘The weapons. Same for most of the other agen- Clark. American visage began to cloud over,’’ Shils cies that now fill up our embassies, turning The consequences for American foreign wrote: our ambassadors into room clerks. policy were almost wholly negative. The re- ‘‘Secrets were to become our chief reliance And so to sum up. The twentieth century alism about the Soviet Union exemplified by just when it was becoming more and more saw the rise of the administrative state. S3894 CONGRESSIONAL RECORD — SENATE May 1, 1997 Government regulation has become the law to let us work less than 40 hours one She says: norm. However, we have developed not one, week and then more than 40 hours the next. I am reluctant to exercise this advantage, but two regulatory regimes. The first is pub- In my current condition, I need to be able to however, of mine because it seems unfair to lic regulation for which we developed all take off for doctors’ appointments. Due to me that I have something that my employ- the fact that I have a complication in my manner of disclosure, discovery, and due ees do not. I understand that this bill would pregnancy, I have more appointments than process. This regime is under constant scru- require that this opportunity be afforded to average. If I was able to take off more one tiny. Thus, the 104th Congress enacted the all employees, not just those in management week and work more the next, it would be Congressional Review Act which establishes or supervisory positions. a sweeping procedure whereby Congress, very helpful to me and other mothers in Mis- with Presidential approval, can nullify regu- souri. Here is another letter from a con- lations. That is perfectly stated. Here is an- stituent: There is, however, a second regulatory re- other letter: Time with my children is very important gime concealed within a vast bureaucratic My 2-year-old daughter is healthy but and, unfortunately, working outside the complex. There is some Congressional over- there are some days she needs extra atten- home is important, too. My children will sight: some Presidential control. Do not tion and some days that she is sick. Some only be young once, and missing parts of overestimate either. Not that the public is days she is just 2. their development is a very important part excluded altogether, save as bureaucracies or Meaning the terrible 2’s, I suppose. that I can never replace. I would like to bet- bureaucrats think it to their advantage to ter balance my family life and my work life. If I was able to take time I need for some make some things pubic. As, for example, it And I think the Family Friendly Workplace mornings and to make it up at lunch or the being budget time, we find on the front pages Act is an excellent opportunity for working next week, it would make my life much easi- the report that: parents. er. ‘‘The Central Intelligence Agency has sev- Here is a letter from a schoolteacher: ered its ties to about 100 foreign agents be- Here is another letter: cause they committed murder, torture and It’s been a struggle for me to be able to ar- I ask that you support the bill as I think other crimes. . . .’’ range for doctor appointments, be home it would be a great benefit to all citizens in This is surely a welcome development. Al- when my child is ill and my three children this country. As an educator, I feel that this though it could be asked why in the first in- are always sick at different times. Or when would allow parents time to be in school stance public monies were disbursed to mur- my babysitter has been unable to take my with their children. Time and time again, derers, torturers and sundry criminals. children because of illness. Not all of us have parents relate to me that they cannot come This second regime is in need of radical spouses or family members who can fill in to school for conferences or other meetings change. We have sensed this for some time. for us or when we need to be there for our because they have to work. This bill would But I now submit that change will only come children. My husband works out of town on allow some flexibility in the workplace. if we recognize it as a bureaucratic regime many occasions and is unable always to be Another letter. I think this letter is with recognizable and predictable patterns of around when needed. very interesting. This writer used to be Working parents are not asking for special self-perpetuation which will never respond to a Federal employee and is now working mere episodic indignation. favors, just a way to be able to meet the de- mands of both our jobs and families. The in the private sector. The individual Mr. DEWINE addressed the Chair. Family Friendly Workplace Act would help writes: The PRESIDING OFFICER. The Sen- solve the problem of inflexibility in the I have worked in the Federal Government ator from Ohio. workplace. Being able to arrange biweekly with a flexible schedule based on 80 hours Mr. DEWINE. Mr. President, I yield work schedules would be very helpful in and enjoyed it.’’ meeting the needs of our families. I would be such time as he may need to the spon- That means you work an average of sor of the bill, the Senator from Mis- able to take the time off for doctors’ ap- pointments or to leave a couple hours early 80 hours over 2 weeks. souri. one day if the babysitter calls to tell me my Now that I have left the Federal work The PRESIDING OFFICER. The Sen- child has a fever. Being able to make that force, I have questioned why this same op- ator from Missouri is recognized. time up the next week would certainly take portunity is not available to me in the pri- f off a lot of the pressure and the stress of tak- vate sector. As an American, this dis- ing these last few hours of leave time or po- appoints me greatly. The Government does VOLUNTEER PROTECTION ACT OF tentially being on leave without pay. not have enough confidence in me to allow 1997—MOTION TO PROCEED Here is an individual working be- me to make a decision to not take overtime The Senate continued with the con- cause they need the money. When a lit- pay if I exceed 40 hours a week. By pretend- sideration of the motion to proceed. tle crisis arises, because flextime is not ing to protect me, they have hurt me. My available, they have to leave the office company cannot pay me overtime, so I can- Mr. ASHCROFT. Mr. President, I not take time off next week. I would like to thank you for this opportunity to without pay. She goes on to say: see the same benefits that Federal workers spend a few more minutes helping The option of taking compensatory time in have, be offered to the private sector. those watching understand exactly lieu of monetary compensation would also be Another example is the vacation time, very valuable to working parents who just what significant opportunities we are the writer goes on to say: talking about with the Family Friend- need the time off. Here is another. What I receive in industry isn’t near that ly Workplace Act. It is our effort to try what the Federal Government provides. to give to people who are on hourly Presently I enjoy flexible schedules. The Three-day weekends were great while they extra day off [I have] during the week allows working arrangements the ability to lasted—even 4-day weekends allowed the me to spend one-on-one quality time with family to get away for a short trip, which is develop flexible working schedules—to my 5-year old daughter. She will start kin- about all we can ever afford anyhow, and I do it in the same way as has been pos- dergarten this fall, which makes these girls- still have discretionary time for kids, doctor sible for Federal workers so situated only days especially meaningful for both of visits, and other needs. for the last—well, during the 1970’s, us. Additionally, I can schedule many doc- 1980’s and into this decade of the 1990’s. tors’ appointments as well as other appoint- Here is a letter from a schoolteacher: The attempt to offer the ability to ments for me and my children on this day As an elementary teacher I feel parents work flexible schedules is a result of off. This allows me to save my accrued sick need to have time off to help in their child’s or vacation leave for a time when I really classroom and attend conferences. The chil- people feeling the stress of the job that need the sick leave or can take a well tugs them away from their families. In dren have the real benefit of this bill, if it planned family vacation. passes, because they will know that their order to understand the true nature of As a supervisor, I currently have the flexi- parents really do care about them and their workers’ stress and the benefit they bility in my schedule from week to week. progress in school. would gain from flexible work sched- However, my staff are not given the same op- portunity, although many of them would be We will have an opportunity to de- ules, I would like to read some letters bate and discuss this matter fully. I that have been sent to our office. Here able to utilize and benefit from it. thank the majority leader, TRENT is a letter that says: Kind of interesting to me. Here is the supervisor that has the flex capacity, LOTT, for allowing us to have this time DEAR SENATOR ASHCROFT. I’m a 29-year-old says that the staff ought to have the this afternoon to bring this bill for- working mother. I have a 2-year-old daugh- ward. It is pretty clear that the supple- ter and am pregnant and due in November. I same thing. This is really the crux of recently heard about your Family Friendly what we are talking about in this bill. mental appropriations will take prece- Workplace Act. Under current law where I My staff are not given this same oppor- dence over this bill when we reconvene work does not allow me to have a flexible tunity although many of them would be able next week and that budget matters will work schedule. They are not allowed by the to utilize and benefit from it. have priority and be the subject of our May 1, 1997 CONGRESSIONAL RECORD — SENATE S3895 deliberations. But, because this meas- NOTICE million. That is a high percentage of ure was the next measure to come up Financial Disclosure Reports re- our children being recorded in this. after those come before us, the major- quired by the Ethics in Government This is a terrible situation and, unfor- ity leader let us have a start on this Act of 1978, as amended and Senate rule tunately, an indictment of the culture. Let us look at out-of-wedlock births. important issue this afternoon. 34 must be filed no later than close of This is something that has received a I look forward to the time when business on Thursday, May 15, 1997. The lot of attention overall in our society. these other measures—which are very reports must be filed with the Senate important and require our attention— Consider where we were in 1960—about Office of Public Records, 232 Hart 5 percent. And you can go back earlier will have been settled and we can get Building, Washington, DC 20510. The back to this all-important issue of al- in time and it stays at about this 3 to Public Records Office will be open from 5 percent level. Consider where we are lowing workers to have the flexibility 8 a.m. until 6 p.m. to accept these fil- to spend time with their families. It is today—30 percent. About one in every ings, and will provide written receipts three children born in America today is as important as ever to allow workers for Senators’ reports. Staff members in the private sector who are paid born to a single mom. That is a tough may obtain written receipts upon re- situation. In our inner cities—in the hourly wages to have the same benefits quest. Any written request for an ex- that Federal Government workers have District of Columbia we have here, that tension should be directed to the Select figure gets up to nearly 60 to 70 per- had since 1978. Committee on Ethics, 220 Hart Build- So I thank the majority leader for cent. ing, Washington, DC 20510. My wife and I have three children. It giving us the opportunity to begin this All Senators’ reports will be made is tough enough for two of us to raise bill now. It will be necessary for us to available simultaneously on Friday, them, let alone without flexible time bring the bill down so we can proceed June 13. Any questions regarding the to be able to get off from work, and let to other matters. I close by thanking availability of reports should be di- alone without being born into a situa- my good friends who have helped in rected to the Public Records Office. tion where you start out with one par- this measure. Perhaps the most respon- Questions regarding interpretation of ent just at the very outset. sible for the significant progress we the Ethics in Government Act of 1978 The next chart, violent crimes taking have made is Senator DEWINE of Ohio, should be directed to the Select Com- place in our society. Unfortunately, I in whose subcommittee this bill was mittee on Ethics. think everybody knows the situation heard and whose leadership has re- f here, but look at the staggering num- sulted in it being one of the first pieces bers—staggering numbers. In 1960, we of major legislation brought to the THE CULTURAL DECLINE IN are talking about violent crime of- floor during this session of the Con- AMERICA fenses—rape per 100,000, we had about gress. Mr. BROWNBACK. Mr. President, I between 100 to 200 per 100,000 citizens in Mr. President, I yield the floor. the country in 1960. Look at where we The PRESIDING OFFICER (Mr. STE- would like to make a few remarks in morning business. Today, as most peo- are today. We are up at nearly 800 per VENS). The Senator from Ohio. 100,000 people. Look at that period of Mr. DeWINE. Mr. President, let me ple recognize, is a national day for prayer. We have also been talking time, 1960 to 1993, 33 years, and we go thank my colleague from Missouri for up nearly sevenfold in violent crimes, the excellent statement and expla- about a very important thing regarding families and a bill that has been put sevenfold. nation about his bill and also congratu- My own staff here in Washington, forward to try to help families be able late him for bringing this bill to the DC, and I have only been here now 4 to do their job better. floor. As he stated, we knew as we months, three of them have been bur- What I would like to speak about a began the debate today that we would glarized, my own staff here in Washing- little bit today is building off of that only just get started and that, because ton, DC. This is across the country statement and also off the National of concerns about the budget and other what is taking place. This is just a hor- Day of Prayer to talk about, overall, scheduling matters on the floor, we rendous number, if you look at that. would have to ask to have this bill the culture of America and what has Take a look at this. This one is sad, pulled down temporarily. We will be happened to our Nation, what has hap- about the hopelessness of some of our back on this bill. It is a very important pened in our culture. I think it prob- kids in this society. Just think about bill to American workers. It is a ques- ably would come as no surprise, unfor- the concept even of a teenager, some- tion of fairness. It is a question of eq- tunately, to most people that our cul- body who is just looking at getting uity. It is a question of really trying to ture is in difficulty and has been hav- into life and into what should be the bring our laws up to date to reflect the ing a great deal of problems lately. flowering, the spring of his or her life, reality of how people live their lives I have been looking at and studying committing suicide; having, actually, today, the reality of the American this issue for some period of time. Plus, the mental thought that I should end workplace. as I travel across my State, as I travel this life. To me that is just—it is al- It is a bill about eliminating dis- across Kansas, I hear more and more most unthinkable, anyway; abhorrent. crimination. The current law, frankly, people mentioning how much difficulty What has happened in our culture? as we talked about it, does in fact dis- they think the culture is in, how much These are again per 100,000. We used to criminate against hourly workers who they feel like they are fighting culture have about 3 in 1960. We are up to near- are in the private sector who do not just to raise their kids and raise their ly 12; quadrupled in a 35-year time pe- have the benefit of working for the families. I would like to take the Sen- riod, of teens being hopeless. How Federal Government. ate’s time for just a few minutes to de- much more do they reflect the rest of So, at this point I do ask unanimous scribe where are we today in this cul- teenagers who have thought about this consent to withdraw the motion to pro- ture. Why do we need things like flexi- and decide, well, I am not willing to ceed. bility for families to be able to be fami- quite take that step? It has quadrupled The PRESIDING OFFICER. Without lies again? Why do we need to do those in 35 years, in the state of our society. objection the motion is withdrawn. things? What about marriages ending in di- f Let us look at some of these charts. vorce? Do not hear me to say I am per- I apologize ahead of time for how dis- fect or my family is perfect. We have MORNING BUSINESS couraging they are, because they are. had divorces in our family, too, just Mr. DEWINE. Mr. President, I ask As you look at these things—look at like every family in America. But look unanimous consent there now be a pe- this. This is child abuse and neglect re- at the numbers, because they are stag- riod for the transaction of routine ports in America. We are talking, in gering; they really are. In 1920, about 10 morning business, with Senators per- 1976, about 500,000 of them, which was a or 11 percent of marriages ended in di- mitted to speak for up to 5 minutes lot at that point in time. But consider vorce. Where are we today? Nearly 50 each. where we are today: 3 million in 1995 percent; nearly 50 percent. And it af- The PRESIDING OFFICER. Without reported, of child abuse and neglect fects all families everywhere. It affects objection, it is so ordered. cases reported on an annual basis, 3 my family, too. Look at that. S3896 CONGRESSIONAL RECORD — SENATE May 1, 1997

What does it lead to overall? This is Senator KERRY’s statement was one have done more in Germany and elsewhere— a chart of a Fordham University study of the best I have heard. Mr. President, and yes, done more in America, and in the on the culture. They have tracked the I ask unanimous consent that Senator highest places of power in Washington. And as we know—and I say we, all of us, culture in America since 1970, and they KERRY’s speech to AIPAC be printed in with connections of any kind with Israel— use a whole set of different factors, the RECORD. It is one, I believe, all anti-semitism did not disappear with the some of which I would not consider; in Members of Congress and many citi- ashes of Auschwitz. Over fifty years after the others, I would add additional factors. zens of this great Nation of ours should end of World War II, the ancient evil still But they overall said the culture, in read, contemplate, and discuss. stalks our time—striking at Jews around the their objective assessment, has de- There being no objection, the speech world and at the Jewish people and the Jew- clined from, in 1970, a 73 percent objec- was ordered to be printed in the ish soul of the state of Israel. What Robert Wistrich called the longest hatred continues RECORD, as follows: tive number to a 38 percent objective to reach far and wide. An explosion ruins a number—in half, the cultural decline in SENATOR JOHN F. KERRY—ADDRESS BEFORE peaceful afternoon in a street cafe in Tel America, in a period—look at the time AIPAC—WASHINGTON, DC—APRIL 7, 1997 Aviv. There are bombings in a Jewish Com- period we are talking about here—25 I really want to share with you that I am munity Center in Argentina; the rising popu- years. Is this incredible? honored to be here tonight—and I’m privi- larity of the National Front in France; the I think on our National Day of Pray- leged to stand up here tonight and represent prevalence of Skinhead violence and murders er we ought to be praying about the the Senate in bi-partisan fashion—because I in Germany; the arson of Warsaw’s last syna- culture. And we ought to be thinking share your cause, and I also want to pay you gogue; the anti-Jewish scape-goating and respect for the way that you fight the battle. conspiracy of Louis Farrakhan and the mili- about what we can do ourselves and The way that you do so literally does honor tia groups; the Nazi-like images of Jews in what we can do corporately in this so- to our democracy. The letters you write, the the press in Egypt and Syria, and the blatant ciety. phone calls you make, involvement in our anti-Jewish hatred of Hamas proclaiming: I yield the floor. campaigns, your willingness to come to ‘‘We worship God by killing Jews.’’ The PRESIDING OFFICER. The Sen- Washington, your commitment to, and These are different sins, but they are root- ator from Alaska is recognized. search for the truth, is the way it is supposed ed in the same anti-Semitic temptation. f to be, and you set an example for this coun- Some cannot face the truth, or the twisted try. hates in their own soul, even today in this A SIGNIFICANT ACCOMPLISHMENT I was delighted to participate just a few country, or the rationalizations for the sake Mr. STEVENS. Mr. President, there days ago with Steven in Boston in a Wash- of political advantage or profit. As the youth ington club event. And I think it renewed in of Europe ask about the Holocaust and chal- are times when I listen to the remarks me my sense, in the intimacy and in the ex- lenge their parents about what they did or of another Senator that I realize the change, the dialogue, that meetings like that didn’t do, the legacy of collaboration and op- statement being made is most signifi- really give a continuing vitality to a fun- pression still emerges from under the rocks cant. That was my feeling recently as I damental truth that Israel and the United of a hidden history. We have just witnessed sat next to the junior Senator from States do share great ideas as well as a great the end of the myth of Swiss neutrality—and Massachusetts. Senator JOHN KERRY alliance; and security of Israel is indispen- we are beginning to look anew at what hap- spoke to the national meeting of sable to the security of the United States of pened to the stolen property of Jews in AIPAC—The America-Israel Political America. Vichy France and Peronist Argentina. But you know, in truth, our two nations So the question must be asked: Would ac- Action Committee—here in Washing- really share something much more than tive resistance to the Holocaust or the pre- ton, DC. This was a bipartisan meeting that, and I think you know it. As Prime Min- ceding anti-Semitism have made a dif- of AIPAC members from throughout ister Netanyahu stated so eloquently to- ference? I am not naive about the brutality our Nation. night—and what a privilege it was to be able with which the Nazis often responded to dis- In a strong worded presentation, Sen- to listen to the truth that he spoke this sent. But in recent years, from the Phil- ator KERRY made an appeal for the evening—Israel and the United States are ippines to Haiti to South Africa, to the United States to be a true friend of Is- neither of us just a place in the land, a piece former Soviet union, resistance and dissent— rael. I, particularly, agreed with my of geography; both of us are founded on a and pressure from the outside—changed the shining vision of human dignity and purpose. course of events. And it is no excuse for citi- friend as he forcefully said: The Jewish people have taught the world zens or the Church or other leaders of the As a democracy, Israel has both the burden much about dignity and purpose because world to say that it would not have worked. and the glory of a vigorous public square. We they have preserved their vision through two For the most part, they did not even try— as Americans must be the truest and best thousand years of exile and persecution. And and that is the shame of a century. kind of ally—both forthright enough to say they had to outlast history’s fiercest fires of So the millions who watched ‘‘Schindler’s what we think—and steadfast enough to stay hate. List’’ must contemplate, then amid the tears the course during the hard passages as well Teresa and I watched Schindler’s List as 25 and heavy hearts, the deeper lesson that we as the easy ones. million other Americans did a few weeks carry out of this blood-stained century. Herzl’s famous words—‘‘If you will it, it is ago. We were obviously left asking, as any- Speaking out against injustice, acting to end no dream’’—signify the promise and the one in their right mind and conscience bigotry, raising our collective consciousness greatest power of Israel—and the hope, after would, why—why—why? But I remembered and looking honestly into the unsparing half a century, that a fair and secure peace my trip to Israel, as we all do. My first visit heart of conscience, and standing up for is finally within reach. For our part, we to Yad Vashem in Jerusalem. And I will what is right and hopeful. This is the collec- must leave here more committed than ever never forget one sight there that stood out tive burden—the collective burden and I say to support Israel in the exacting, essential, above all others—not the documents or the privilege of all of us who live today. It is a and sometimes tense search for that dream. photographs as stark as they are—but a collective responsibility that we must I think its fair to say that the ashes of Holo- small child’s single lonely shoe, which meet—in our own country—and for so many caust victims were scattered on the wind. brought home to me the incomprehensibility of us, in the other country of our hearts—the But that wind also carries on it their pray- of the Holocaust expressed on the most land of Israel. ers and purpose—above mountains and sea, human of scales. So we need AIPAC’s unwavering voice on across hundreds or thousands of miles, so Again, as I watched this movie about a this long and winding road to peace in the that the pain of history is redeemed in the handful who entered the Nazi hell and re- Middle East. And the journey is harder now land of Israel. It is a sacred place—for them, turned, a small remnant who proved that than it was a year ago, harder than it was a for their people who live there, and for all millions did not have to perish, I thought of month ago, harder than it was a few weeks the world. So let us now resolve again that the words of Elie Wiesel about others who or days ago because we must remind the the day will never come for Israel when the could have acted to prevent, to stop, to op- world that peace is more just than a piece of redemption is put at risk—when any of us pose this crime of the century: ‘‘Not all were paper; it is the replacement of death with would ever have to repeat Schindler’s cry guilty,’’ he said, ‘‘but all were responsible.’’ life, of danger and violence with the laughter and say: We could have done more. Schindler himself was a rogue and a phil- of children whose playgrounds no longer Mr. President, the days seem to be istine, whose transformation was heroic—but need to be guarded with guns, Arab or Is- disappearing when a Senator com- it was all too rare. Too many of the God- raeli. Oh yes—the peace process has deliv- pliments another Senator who sits on fearing forgot God. And at the end of the ered a certain amount to Israel—diplomatic, the other side of this aisle by making movie, after the Nazis have surrendered and economic, and political benefits—but again Schindler is preparing to escape, he cries in a simple truth—it has not delivered full or the Senate aware of a significant ac- that he had not done all he could have real security. It is not peace when seven Is- complishment of a colleague. For my- done—or early enough. He could have done rael girls are murdered at the Jordanian bor- self, I would like to restore that tradi- more—sold a watch, a lapel pin, a car to se- der. It is not peace when three more inno- tion. cure the lives of others. And so many could cent people are killed on the eve of Purim in May 1, 1997 CONGRESSIONAL RECORD — SENATE S3897 Tel Aviv, with fifty more injured—among Let me state it as plainly as I can: The shelter in a kibbutz in the north where chil- them many children—cut and bleeding from U.N. Security Council has no right to impose dren were attacked and I looked at launch- broken glass and nails embedded into the insecurity on Israel. President Clinton was ing sites and impact zones for Katousha bomb. It is not peace when people cannot get right to veto the Security Council resolution rockets. And like many visitors, I was en- safely on a bus and arrive home to the em- on Har Homa—and the United States can and thralled by Tel Aviv, moved by Jerusalem brace and joy of family. should veto any other similar, one-sided and inspired by standing above Capernum, No—that is not peace—but I state emphati- measures that bring discredit on nations looking out over the Sea of Galilee, where I cally—it is a reason why the peace process such as France and Russia—whose own anti- was bold enough to read aloud the Sermon must go on—not naively, not in a rush, not Semitic records now rebuke their anti-Israel on the Mount to those who were traveling on a fragile foundation—but it must go on in votes. with me. And I met people of stunning com- a genuine search for real peace—and for the And I also say to you that for the parties mitment, who honestly and vigorously de- real security which defines peace. to move ahead—and I believe they will—for bated the issues as I watched and listened in- So frankly, we all have to work harder, we the peace to proceed—and I believe it will— tently. I went as a friend by conviction; I re- have to work harder to make real the peace- AIPAC must be both vigilant and tireless. turned a friend at the deepest personal level ful dreams of millions of Israelis and mil- Legitimate criticism of Israel should be with new connections, new understanding. lions of others in the world, who look to part heard, yes. But malicious charges without Who would have thought so much would of the world for peace. And all of us cannot foundation have no place in our policy de- have changed since that first journey of 1986. continue to be held hostage to Hamas and bates—as when a shameless Syria sought to But still the Middle East remains a place of Hezbollah. We must all of us reject the ab- blame Israel for intra-Syrian terrorism in deep and disturbing contradictions. Israel’s surd, dishonest and cruel approach—the Damascus. Last month, on national tele- oldest Arab peace partner—Egypt—has a propaganda, if you will—from some Palestin- vision, repeated media questions about Isra- press obsessed with Nazi-like images of Jews ians—the attempt by some Arafat advisers— el’s alleged failure to carry out its obliga- and Israel. At the same time, a Jordanian to equate terrorist attacks with Israel’s deci- tions in Hebron were forcefully rebutted by soldier murders seven Israeli school girls and sion to construct new housing in Jerusalem, the State Department’s Dennis Ross. But Jordan’s King Hussein pays a personal, however controversial that decision may be. they easily could have been accepted by a poignant, eloquent and historic shiva call on It is one thing for the Palestinians and oth- less knowledgeable guest. It is critical—and their families. ers to hear Prime Minister Netanyahu say it, this is your role, and ours, as we listen to Through all these contradictions let no one but I want to say it also: Terrorism is an in- you—critical that the American public be doubt the importance of the road we are on, controvertible evil, and an unacceptable re- kept accurately informed about the obliga- for the truth is that Hussein’s beautiful ges- sponse. The idea that every bitter dispute be- tions of Palestinians—and whether they are ture to a nation all too used to mourning tween Israelis and the Palestinians can jus- being fulfilled. What Prime Minister alone is a symbol of real progress. Without tify Palestinian violence, or justify Arafat’s Netanyahu calls lapses in reciprocity are not Oslo, it would not have happened. It’s not winking at it, or should warrant the release side issues, but central ones. Such lapses of yet most Hamas leaders, or could excuse that sympathy calls make the peace process wouldn’t be accepted in our arms reduction worthwhile; it’s that bridges between leaders the PLO’s failure to rewrite its covenant—all talks with Yeltsin, they wouldn’t be accept- this reflects a moral blindness, a failure of and their people are being built. ed in our trade negotiations with China. How courage that only encourages the cowards, Needless to say, there is a very long jour- can they be ignored in the life or death arena the haters and the killers. As Israel is as- ney yet ahead of us, and we must march of the Middle East? Signed agreements have sailed with almost unrelenting fury and through criticism abroad, and at home, and to mean something. They build confidence. Prime Minister Netanyahu is all but demon- internally, and in Israel. ized by the world press, the parting cry of They are the road to future negotiations. As a soldier in Vietnam, who came home to Schindler—I could have done more—that cry And broken commitments—or neglected oppose the war, I must say to you that I ought to resonate in this room. Are we ones—foretell other betrayals to come. Both don’t see that kind of criticism as being un- speaking up enough against a one-sided en- parties must be held to the same high stand- patriotic. For nations like Israel and Amer- forcement of the Oslo Accords? Are the sup- ard. ica that are founded on principles and not porters of Israel who did not support In each of my visits to Israel, I have had just as places, dissent can be the loyalist act Netanyahu now less willing to rebut inac- the privilege of seeing first-hand the special of all, and lively debate the living proof of curacies and attacks than they were when dangers of the Middle East, and of beginning freedom. Rabin and Peres were in office? Did too to comprehend the special nature of the Mid- As a democracy, Israel has both the burden many people just breath a sign of relief when dle East. On one occasion I became an honor- and the glory of a vigorous public square. We Israel in a single day carried out the with- ary Israeli Air Force pilot when I was al- as Americans must be the truest and best drawal from Hebron rather than shouting lowed to fly an air force jet from the Ovda kind of ally—both forthright enough to say their support in words, letters and op-eds? Airbase. I want you to know it did not come what we think—and steadfast enough to stay Will we demand again and again that Iran, easily. I was frustrated, at one of those ter- the course during the hard passages as well Iraq, and Syria be held accountable for rible, boring luncheons when you’re on those as the easy ones. Hezbollah and Hamas? Will we insist, over journeys, and this great colonel—he was an Herzl’s famous words—‘‘If you will it, it is and over, that our Arab friends must move ace in the war, several times an ace—was sit- no dream’’—signify the promise and the forward with full diplomatic relations with ting next to me, and I’m a pilot and I love to greatest power of Israel—and the hope, after Israel? Will we make clear that the re- fly every chance I get. And I kept saying, half a century, that a fair and secure peace institution of the Arab boycott of Israel is you’re sure Tel Aviv won’t let me go flying? is finally within reach. For our part, we not only morally repugnant but unaccept- And finally I persuaded him to make a last must leave here more committed than ever able to all Americans? phone call, and he came back to me in the to support Israel in the exacting, essential, Let me say to you with humility and re- middle of a meal, and said to me, ‘‘Senator, and sometimes tense search for that dream. spect that this all must happen first of all in I hope you haven’t eaten too much. We’re I think it’s fair to say that the ashes of Holo- AIPAC—or it will not happen at all. Now I going flying.’’ caust victims were scattered on the wind. know that not everyone in this room com- So I raced down to the tarmac, and they But that wind also carries on it their prayers pletely shared the vision of Rabin or Peres had a helmet and a suit for me, and put me and purpose—above mountains and sea, about the peace process. Just as I know that in the front seat. He said ‘‘I don’t have time across hundreds or thousands of miles, so not everyone in this room today shares the to do the run-up with you or anything, but that the pain of history is redeemed in the vision of Prime Minister Netanyahu. Nor is the minute we’re off the ground, it’s your land of Israel. It is a sacred place—for them, that diversity of opinion here different from airplane.’’ And I said, boy this guy is trust- for their people who live there, and for all what is going on in Israeli living rooms or in ing. I didn’t even tell him if I’d ever flown a the world. So let us now resolve again that the Knesset. There is a distrust of the proc- jet before. So we took off into the sky, he the day will never come for Israel when the ess, of Arafat, and there is division over how gave me the airplane the moment we took redemption is put at risk—when any of us to proceed—or in some quarters whether to off, and the next thing I know, he says point- would ever have to repeat Schindler’s cry proceed at all. But one thing is clear, you blank into my helmet, ‘‘Senator, you are and say: We could have done more. know and we know it, an overwhelming ma- about to go into Egypt airspace.’’ So I imme- I might say to you on a personal note that jority of people—there and here—seek, work diately ground the stick in and turned, and that imperative has been clear since long be- and pray for peace—not a passing illusion— within a matter of minutes, this United fore the Holocaust. I learned it and I learned but the reality of a solid, meaningful, secure States Senator came close to violating the how long it has endured in an emotional mo- and reliable peace. As Americans, we owe it airspace of Egypt, Jordan, and Syria. let me ment on top of Masada, when I stood on that to our Israeli partners to stand with them so tell you something, I learned a magical les- great plateau where the oath of new soldiers that they can negotiate from greater son: The promise of peace must be secure be- used to be sworn against the desert backdrop strength—to be an ally beside them, not an fore the promised land is secure on a thin and the test of history. I spent several hours ally that undermines them. Israel will and margin of land. with my guide and friend Yadin Roman. On should choose its own leaders, its own policy, Back on the ground on that first trip, I, top, we argued, we debated, at his insistence its own bargaining position; and the United like so many of my colleagues, toured the whether or not in fact Josephus Flavius was States cannot and should not dictate the beautiful country from Kibbutz Mizgav Am correct in his account of the siege—whether outcome. to Masada to the Golan. I stood in the very these really were the last Jews fighting for S3898 CONGRESSIONAL RECORD — SENATE May 1, 1997 survival—whether they had escaped since no In other words, Mr. President, no dom to allow us to make good deci- remains were ever found. And we journeyed matter what the particular cir- sions—have today been observing this back and forth through the possibilities and cumstances of a household may be, the National Day of Prayer in our behalf. I finally, after our journey through history— which we resolved with a vote in favor of his- State must make reasonable efforts to rise to thank them. tory as recorded—Yadin motioned to me and keep that household, that family to- Abraham Lincoln, in the midst of the said come over here and stand with those gether, and then to put it back to- crisis that perhaps did more to threat- that we were travelling with, and we stood at gether if it falls apart. en this country and at the same time, the edge of the chasm looking out across the There is very strong evidence, evi- more to unify it than any other crisis desert, across to the mountains at the other dence that I have seen firsthand as I in history, continued to have a strong side. And we stood as a group, and alto- have traveled the State of Ohio and commitment and dedication to the gether, at his command, we shouted across talked to people who are professionals concept of prayer when he called upon the chasm—across the desert—across the si- lence—Am Yisrael Chai. And back a slow, in this field, talked to judges, talked to the Nation to reserve a time for repent- echoing voice speaking to us through history child services workers, very strong evi- ance, for introspection, and for prayer. came the word Am, Yisrael Chai. Israel lives. dence that reasonable efforts have, in This Nation has survived great chal- The State lives. The people of Israel live. some cases, become extraordinary ef- lenges—yet still faces great challenges. And that is the cause of America, it is the forts, efforts to keep families together I believe that its success in the face of cause of people of conscience all across this at all costs, efforts to keep families to- challenge in large measure is due to planet, and that is why I am proud to be here gether that are families really in name the fact that people have prayed. with you tonight. only. This has resulted in children A couple thousand years ago, when Mr. DEWINE addressed the Chair. being put back in abusive homes, put the Apostle Paul was writing a letter The PRESIDING OFFICER. The Sen- back in situations where no child to his friend Timothy, he advised Tim- ator from Ohio. should have to exist or live. othy to say, ‘‘Pray for each other and f Every day in this country, three chil- pray especially for those who are in au- ADOPTION PROMOTION ACT dren die of abuse or neglect. Children thority that we may lead quiet and Mr. DEWINE. Mr. President, I think who are being abused by their parents peaceable lives in all Godliness and our friends in the House of Representa- should simply not be reunified with honesty.’’ tives deserve a great deal of praise for those parents. That is common sense. I think that was good advice 2,000 what they did yesterday. They passed a The legislation passed yesterday by the years ago, and it is good advice today. bill that would save the lives of many House of Representatives makes it I rise today, as we close this day in gravely threatened young people in clear, by an overwhelming vote, that the U.S. Senate, to say to those Ameri- this country. I am referring, of course, this is what the House thinks. cans who have been a part of this ob- to the Adoption Promotion Act of 1997, Now is the time for the Senate to servance, referred to as the ‘‘National the Camp-Kennelly legislation, which take action. We have a very good piece Day of Prayer,’’ thank you for your passed the House by an overwhelming of legislation, the Chafee-Rockefeller prayers and, as a matter of fact, I vote of 416 to 5. bill, of which I am honored to be a co- think all America owes a debt of grati- For the children in foster care in this sponsor, that has been introduced in tude to those who have carried the country, the average time they spend this body. It is a piece of legislation well-being and welfare of this country in foster care is almost 2 years. That is that contains many good provisions. to God in prayer on a regular basis. It just the average time. These 2 years One of the provisions it contains is is with that in mind that I believe the are often the most important time in identical language to what the House National Day of Prayer is a strong that child’s development. We need to passed yesterday to simply say what symbol that we have prayer all year— do everything we can to get these chil- we all know in our heart was intended on a continuing basis so that we might dren in safe, stable, permanent, loving by the 1980 act, and that is, yes, we do things that advance the very cause adoptive homes. should make reasonable efforts to put for which I think God sent his Son to Why are these children being kept in families back together, we should try the world—that we might live life and foster care for so long? I said the aver- to help them, but—but—when those de- live it more abundantly. That is the age time was 2 years. Sometimes it is cisions are made at the local, county true position of Government, that we 3, 4, 5 years. Sometimes the most im- level or city level, the people who would create conditions under which portant years of their lives are spent in make those decisions must always put people could live and live in greater foster care, and sometimes they move safety and the welfare of that child abundance and greater freedom. from foster home to foster home to fos- first. The safety of the child must al- So I take this moment to reflect ter home. Why do they get shoved from ways be paramount. That is good com- upon those who have cared enough to one home to another? Why do they mon sense; it is good legislation. pray for us and to extend to them my spend so many years in foster care? We are halfway there. Now is the appreciation for what they have done One reason is that, in some of these time for the U.S. Senate to complete in our behalf. cases, the child protective services feel the action and send that bill on to the Mr. President, I yield the floor and hemmed in by a misinterpretation of a President. The President has already suggest the absence of a quorum. Federal law, a well-intentioned Federal said that he supports this language, The PRESIDING OFFICER. The law that this Congress passed in 1980, a that he supports this concept, that clerk will call the roll. law that has done a great deal of good, there is, in fact, a problem. The Senate The bill clerk proceeded to call the but a law that contains one provision should act very quickly and move on roll. that I believe has caused a great deal of this legislation and really plug this Mr. BENNETT. Mr. President, I ask harm and has caused a great deal of loophole, which has caused a great deal unanimous consent that the order for confusion. of pain and many problems for our the quorum call be rescinded. Under this 1980 law, the Federal Child young people in this country today. The PRESIDING OFFICER. Without Welfare Act, for a State to be eligible Mr. President, I yield the floor. objection, it is so ordered. for Federal matching funds for foster The PRESIDING OFFICER (Mr. STE- f care expenditures, that State must VENS). The Senator from Missouri. EXPRESSION OF GRATITUDE FOR have a plan for the provision of child f welfare services approved by the Sec- PATTY MCNALLY, EXECUTIVE retary of HHS. The State plan must NATIONAL DAY OF PRAYER ASSISTANT PROTOCOL OFFICER provide, that in each case, reasonable Mr. ASHCROFT. Mr. President, May Mr. LOTT. Mr. President, I rise today efforts will be made, first, prior to the 1 is a special day in the United States to express the deep gratitude of the placement of a child in foster care to of America. It has been designated and Senate to Ms. Patty McNally, Execu- prevent or eliminate the need for re- observed as a national day of prayer. tive Assistant and Protocol Officer in moval of a child from his home and, Citizens across the country—having the sergeant at arms’ office, who is re- second, to make it possible for the recognized that those of us in positions tiring after more than 20 years of dedi- child to return to his home. of responsibility need the kind of wis- cated public service in the Senate. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3899 As the chief protocol staffer in the educational outreach programs. In ad- than the implementation of new laws. sergeant at arms office, Patty’s respon- dition, the Crazy Horse Memorial Na- Dr. Kaminski and his team have placed sibilities have included coordinating tive American Scholarship Program the Department of Defense at the fore- joint sessions of Congress, swearing-in has already awarded a total of $175,000 front of acquisition reform by doing ceremonies, serving many long hours in educational grants. Ultimately, the the hard work to revise and simplify as the Sergeant at Arms representative family hopes to fulfill Korczak’s dream thousands of military specifications, to on the Joint Congressional Inaugural of opening a university and medical implement streamlined management Committee, and the more somber occa- center on these grounds. practices through integrated process sions of state funerals. Patty also was Korczak liked to call himself a ‘‘sto- teams and the single process initiative, responsible for making the protocol ryteller in stone,’’ and believed that and to make acquisition reform work and security arrangements for the nu- the monument was a noble offering to where the rubber meets the road in merous visits to the Senate heads of a man who led his people in battle at tens of thousands of individual con- states and other dignitaries from Little Bighorn and died before surren- tracts awarded every year. around the world. dering himself to a white man’s prison. Under Dr. Kaminski’s leadership, the In 1987, Patty played an important I commend Ruth and all the Department of Defense has substan- part in the making of Senate history, Ziolkowski family in their 50th year of tially reduced acquisition lead times, as she arranged and coordinated the fulfilling this vision. reduced the layers of redtape that have transportation of the Senate delega- f often burdened the acquisition system, tion to Philadelphia to participate in a accelerated the process of incorporat- very special joint session of Congress THE VERY BAD DEBT BOXSCORE ing emerging commercial technologies that commemorated the bicentennial Mr. HELMS. Mr. President, at the into weapons systems, and simplified of the Constitution. close of business yesterday, Wednes- the small purchases through the use of Mr. President, Patty has made sub- day, April 30, 1997, the Federal debt the IMPAC credit card. Most impres- stantial contributions to this institu- stood at $5,353,971,314,439.39. (Five tril- sive of all, Dr. Kaminski has achieved tion and in the celebration of democ- lion, three hundred fifty-three billion, all of this while skillfully managing a racy. Today, we celebrate her contribu- nine hundred seventy-one million, steep reduction in the size of the acqui- tion and wish her the very best in her three hundred fourteen thousand, four sition work force—the career profes- new life with her family and friends, hundred thirty-nine dollars and thirty- sionals who have borne the brunt of and we will envy the view from her nine cents) implementing the new acquisition sys- home of the Nubble Light House. Five years ago, April 30, 1992, the tem. f Federal debt stood at $3,891,974,000,000. The Congress and the Nation owe Dr. (Three trillion, eight hundred ninety- Kaminski a debt of gratitude for his THE STORYTELLER IN STONE one billion, nine hundred seventy-four selfless service to the interests of the Mr. DASCHLE. Mr. President, this million) taxpayer and the national defense. I Saturday, May 3, marks the 50th anni- Ten years ago, April 30, 1987, the Fed- know my colleagues join me in wishing versary of sculptor Korczak eral debt stood at $2,268,145,000,000. Paul all the best in the future. Ziolkowski’s arrival in the Black Hills (Two trillion, two hundred sixty-eight f to accept the invitation of the Lakota billion, one hundred forty-five million) MESSAGES FROM THE HOUSE to create a memorial to honor the Fifteen years ago, April 30, 1972, the At 10:38 a.m., a message from the great warrior and chieftain, Crazy Federal debt stood at $1,065,660,000,000 House of Representatives, delivered by Horse. Carving this great monument in (One trillion, sixty-five billion, six Ms. Goetz, one of its reading clerks, an- the mountain became his life’s work, hundred sixty million) which reflects a nounced that the House has passed the and indeed, the life’s work of genera- debt increase of more than $4 trillion— following bill, in which it requests the tions of his family. $4,288,311,314,439.39 (Four trillion, two concurrence of the Senate: He was joined at Thunderhead Moun- hundred eighty-eight billion, three tain by Ruth Ross on June 21, 1947, who H.R. 867. An act to promote the adoption of hundred eleven million, three hundred children in foster care. is now a dear friend of mine. The two fourteen thousand, four hundred thir- f married 3 years later, and together ty-nine dollars and thirty-nine cents) they made a life raising their 10 chil- during the past 15 years. EXECUTIVE AND OTHER dren and slowly shaping the mountain f COMMUNICATIONS into the form of Crazy Horse, sitting RETIREMENT OF PAUL KAMINSKI, The following communications were atop his steed with his arm out- laid before the Senate, together with UNDER SECRETARY OF DEFENSE stretched toward the homelands of the accompanying papers, reports, and doc- FOR ACQUISITION Lakota. Its scale is difficult to com- uments, which were referred as indi- prehend. His face alone is so large that Mr. LEVIN. Mr. President, next week cated: all four faces carved on Mount Rush- Dr. Paul Kaminski will step down after EC–1775. A communication from the Direc- more could fit on its expanse. When it an extraordinary 3-year tenure as tor of the Defense Finance and Accounting is finished, the sculpture will be taller Under Secretary of Defense for Acquisi- Service, transmitting, pursuant to law, a re- than both the Washington Monument tion. In this short period of time, Dr. port relative to the Defense Commissary and the Great Pyramids. These figures Kaminski and his acquisition team at Agency; to the Committee on Armed Serv- are made all the more remarkable by the Pentagon have made dramatic ices. EC–1776. A communication from the Acting the fact that all of the work at the me- steps to turn our procurement culture Assistant Secretary of Defense, transmit- morial is privately financed, with no around, making it more flexible, more ting, pursuant to law, a report relative to support from Government funds. Al- creative, and smarter. the operations and maintenance budgets for though Korczak died in 1982, Ruth and Under Dr. Kaminski’s leadership, the fiscal year 1998; to the Committee on Armed the children have proudly carried on Department of Defense has successfully Services. with this vision. implemented three major pieces of ac- EC–1777. A communication from the Sec- No less remarkable is the extraor- retary of Defense, transmitting, pursuant to quisition reform legislation: Federal law, a report relative to the F–22 aircraft dinary effort made by the Ziolkowski Acquisition Streamlining Act, the Fed- program; to the Committee on Armed Serv- family to educate thousands about the eral Acquisition Reform Act, and the ices. lives of Crazy Horse and the Lakota Information Technology Management EC–1778. A communication from the Direc- people, and to improve the lives of Na- Reform Act. Those of us who worked tor of the Office of the Secretary of Defense, tive Americans around the country. hard to enact this legislation appre- transmitting, pursuant to law, a report rel- Through the Crazy Horse Memorial ciate the energy that Dr. Kaminski and ative to cross-servicing and acquisition ac- tions; to the Committee on Armed Services. Foundation, the family oversees a cul- others have dedicated to putting it into EC–1779. A communication from the Direc- tural and educational center offering practice. tor of the Office of Thrift Supervision, De- college courses, a research library, the But the turnaround in the procure- partment of the Treasury, transmitting, pur- Indian Museum of North America and ment culture has required far more suant to law, the report on the preservation S3900 CONGRESSIONAL RECORD — SENATE May 1, 1997 of minority savings institutions for calendar Kenneth M. Mead, of Virginia, to be inspec- Samuel Johnson II Timothy Alexander year 1996; to the Committee on Banking, tor general, Department of Transportation. Daniel Christopher Pasek Housing, and Urban Affairs. Rear Adm. James C. Card, U.S. Coast Jones Tana Marie Payne EC–1780. A communication from the Chair- Guard, to be Commander, Pacific area, U.S. James Jarrod Jones Scott William man of the National Credit Union Adminis- Coast Guard, with the grade of vice admiral Eric James Kampert Peabody tration, transmitting, pursuant to law, a re- while so serving. Kerry Georgia Luke Andes Perciak port relative to federally insured credit Arturo Saldana Perez Mr. MCCAIN. Mr. President, for the Karwan unions; to the Committee on Banking, Hous- Sean R. Katz Richard Graham ing, and Urban Affairs. Committee on Commerce, Science, and Perkins Transportation, I report favorably four Michael Andrew EC–1781. A communication from the Under Keane Justin David Peters Secretary of State and the Under Secretary nominations lists in the Coast Guard, Peter Joseph Keel Harper Lee Phillips of Commerce, transmitting jointly, pursuant which were printed in full in the CON- Jared Ethan King Scott Satoshi Phy to law, the report on improving export mech- GRESSIONAL RECORD on January 7, Feb- Bradley James Frank Allen Pierce anisms and on military assistance for fiscal ruary 5 and 11, 1997, and ask unanimous Klimek Christopher Michael year 1996; to the Committee on Banking, consent, to save the expense of reprint- Michael Stephen Pisares Housing, and Urban Affairs. ing on the Executive Calendar, that Krause Krysia Victoria Pohl EC–1782. A communication from the Acting Steven Edward these nominations lie at the Sec- Damian Joseph General Counsel of the Department of Hous- Kuczma Ramassini ing and Urban Development, transmitting, retary’s desk for the information of Joshua Taylor Senators. Charles Frederick pursuant to law, three rules including a rule Kuebler Ramey entitled ‘‘Protection and Enhancement of The PRESIDING OFFICER. Without Talisha Lawrence Jaime Stalin Ramos Environmental Quality’’ (FR2206, 4031, 4070) objection, it is so ordered. Christian Anthony Travis Jeremy received on April 25, 1997; to the Committee (The nominations ordered to lie on Lee Rasmussen on Banking, Housing, and Urban Affairs. the Secretary’s desk were printed in Brian Joseph Gregory Charles Rau EC–1783. A communication from the Chief Rodrigo Gunther the RECORDS of January 7, February 5 Lefebvre Counsel of the Office of Foreign Assets Con- Rojas and 11, 1997, at the end of the Senate David Wesley Leone trol, Department of the Treasury, transmit- John B. Lindahl Dustin Main Romey ting, pursuant to law, a rule entitled ‘‘Over- proceedings.) Matthew A. Rudick Lexia Monique flight Payments to North Korea’’ received on The following cadets of the U.S. Coast David James Schell Littlejohn April 7, 1997; to the Committee on Banking, Guard Academy for promotion to the grade Clint Brian Schlegel Orlando Carlos Housing, and Urban Affairs. of ensign: Diana Lane Sharp Lovell EC–1784. A communication from the Chief David Matthew Kelley Elizabeth Tiffany Pamela Kevin Paul Lynn Counsel of the Office of Foreign Assets Con- Sherry Abood Drumm Ian Mitchell trol, Department of the Treasury, transmit- Anna Won-Min Frances Ann Tirad Jerome Edward MacGregor ting, pursuant to law, a rule entitled Slaven Bacayo Dubay Kevin Christopher ‘‘Blocked Persons’’ received on April 17, 1997; Amy Leigh Sloan Zachary Justin Damon Christian Mahoney to the Committee on Banking, Housing, and Bagdon Edwards Shad Sammual Urban Affairs. Brian Wade Maier Soldano Hilary Ann Baine Jeffrey Eldridge Edzel Dela Cruz EC–1785. A communication from the Acting Matthew Patrick Ranshaan Engrum Gabriel W. Solomon Secretary of Labor, transmitting, pursuant Mangahas James William Barker Theodore Joseph Eric D. Martenson to law, a report relative to the employment Ian Adam Bastek Erdman Spitler rights of veterans; to the Committee on Vet- Jennifer Joy Martin John Michael Stone Michael William Joann Feigofsky Eric David Masson erans’ Affairs. Sarah Kathleen Raymond L. Batchelder John Francis Felger Swetland f Joshua David McCarthy Christine Fern Romualdus Matthias Bauman Christopher Allen REPORTS OF COMMITTEES Kevin Bertram Ferrie Ten-Berge, Jr. Jennifer Lydia McMunn Elaine Liza Marie Bruce A. Thibault The following reports of committees Becher Camilla Beth Fitzgerald Craig Stuart Toomey Sean Cornell Bennett Messing were submitted: Taina Haydee Christopher Andrew Tracy Desterheld Andrew David By Mr. HATCH, from the Committee on Fonseca Tribolet Berg Meverden the Judiciary, without amendment and with Nicolas Todd Forst Clinton Albert Heather Lin Timothy George a preamble: John Peter Fox Trocchio Bloomquist Meyers S. Res. 79. A resolution to commemorate Michael Edwin Michael Anthony Kenneth Jeffrey Boda the 1997 National Peace Officers Memorial Frawley Fay Juyoun Miller Turdo Scott Gerald Day. Glen James Galman Peter James Mitchell Bryan James Ullmer Borgerson By Mr. HATCH, from the Committee on John Withner Garr Peter Michael Chris Mark Upham David Leonard the Judiciary, without amendment: Morgan B. Geiger Morehouse James Allen Bradley IV S. 476. A bill to provide for the establish- David Lee Gibson Corey Richard Valentine Jacqueline Marie ment of not less than 2,500 Boys and Girls Michael J. Morrison Eva Jayoung Brunette Clubs of America facilities by the year 2000. Goldschmidt Anne Marie VanCamp Craig Donald Burch Morrissey f David Vincent Gomez Nathan John Veirs Mechelle Elizabeth Michael David Good Justin Thomas Greg Edward Versaw EXECUTIVE REPORTS OF Burdick Hans Christian Moyer Carlito Rodriguez COMMITTEES Jeffrey Christopher Govertsen Kenneth Tyson Vicencio Bustria Matthew Aaron Nagie, Jr Kevin David Wallace The following executive reports of Belinda I. Cachuela Green Kenneth Eric Nelson Stephen Matthew committees were submitted: Michael Joseph Timothy Aaron Allison Genevieve Ward By Mr. MCCAIN, from the Committee on Capelli Greten Nemec Tyson Scott Weinert Commerce, Science, and Transportation: Willie Lee Charles Michael Pierina Marie Noceti Tamara Nichole Vice Adm. Roger T. Rufe, U.S. Coast Carmichael Guerrero Francis J. O’Connell Wilcox Guard, to be Commander, Atlantic area, U.S. Scott Stephen Casad Tim A. Gunter David Joseph Nathaniel Remington Coast Guard, with the grade of vice admiral William Bartley Robert Edward Hart Obermeier Williams while so serving. Cassels Erin Marlene Healey Sean James O’Brien Nicholas Laurence Kerri-Ann Jones, of Maryland, to be an As- Robert Carlton Wayne Michael Helge Jason William Olguin Wong sociate Director of the Office of Science and Compher Jonathan Nils Tiffany Renae Olson Andrew James Technology Policy. Chad William Cooper Hellberg Rebecca Ellen Ore Wright Jerry M. Melillo, of Massachusetts, to be Derek Lane Scott Charles The following regular officers of the U.S. an Associate Director of the Office of Cromwell Herman Coast Guard for promotion to the grade of Science and Technology Policy. Cornelius Edward Shannon Marie Heye rear admiral (lower half): Cummings Triruvarur R. Lakshmanan, of New Hamp- Wesley Karl Hout Thomas J. Barrett John F. McGowan James Dart shire, to be Director of the Bureau of Trans- Joel Alexander James D. Hull George N. Naccara Michael S. Degon portation Statistics, Department of Trans- Huggins Terry M. Cross portation, for the term of 4 years. (Re- Steven Andrew Christopher James appointment) Deveau Husler The following individual for appointment Andrew J. Pincus, of New York, to be gen- John Thomas Dewey David Frederick as a permanent regular commissioned officer eral counsel of the Department of Com- John Richard Hunter in the U.S. Coast Guard in the grade of lieu- merce. Dittmar Thea Iacomino tenant: May 1, 1997 CONGRESSIONAL RECORD — SENATE S3901

Brenda K. Wolter S. 685. A bill to amend the Internal Reve- THE EQUINE TAX FAIRNESS ACT OF 1997 The following regular officers of the U.S. nue Code of 1986 to extend the work oppor- Mr. MCCONNELL. Mr. President, I Coast Guard for appointment to the grade of tunity tax credit for an additional fiscal rise today to introduce a bill to amend rear admiral: year; to the Committee on Finance. the Internal Revenue Code to modify By Mr. SARBANES (for himself, Mr. Robert C. North John T. Tozzi application of passive loss limitations HUTCHINSON, and Mr. TORRICELLI): Timothy W. Josiah Thomas H. Collins S. 686. A bill to establish the National Mili- to horse activities. Fred L. Ames Ernest R. Riutta tary Museum Foundation, and for other pur- This week the eyes of the sporting Richard M. Larrabee poses; to the Committee on Armed Services. world are focused on the 123d running III By Mr. JEFFORDS: of the Kentucky Derby at Churchill f S. 687. A bill to enhance the benefits of the Downs in Louisville, KY. While it is INTRODUCTION OF BILLS AND national electric system by encouraging and considered one of the greatest sporting JOINT RESOLUTIONS supporting State programs for renewable en- events in the world, the Kentucky ergy sources, universal electric service, af- Derby is part of a much larger and The following bills and joint resolu- fordable electric service, and energy con- broader horse industry—one that has a tions were introduced, read the first servation and efficiency, and for other pur- $112 billion economic impact in the and second time by unanimous con- poses; to the Committee on Energy and Nat- United States and supports 1.4 million sent, and referred as indicated: ural Resources. By Mr. BIDEN (by request): jobs. By Mr. MCCONNELL: S. 688. A bill to amend the Higher Edu- Whether it is owning, breeding, rac- S. 675. A bill to amend the Internal Reve- cation Act of 1965 to authorize Presidential ing, or showing horses—or simply en- nue Code of 1986 to modify the application of Honors Scholarships to be awarded to all joying an afternoon ride along the the passive loss limitations to equine activi- students who graduate in the top five per- trail—1 of 35 Americans is touched by ties; to the Committee on Finance. cent of their secondary school graduating the horse industry. There are 6.9 mil- By Mr. MURKOWSKI (for himself and class, to promote and recognize high aca- lion horses in the U.S. involving more Mr. COCHRAN): demic achievement in secondary school, and S. 676. A bill to amend the Internal Reve- than 7.1 million Americans as horse for other purposes; to the Committee on nue Code of 1986 to increase the standard owners, service providers, employees Labor and Human Resources. mileage rate deduction for charitable use of and volunteers. In Kentucky alone, the By Mr. BROWNBACK (for himself, Mr. passenger automobiles; to the Committee on horse industry has an impact of $3.4 KENNEDY, Mr. D’AMATO, Mr. STEVENS, Finance. billion, involving 150,000 horses and Mr. HOLLINGS, Mr. HELMS, Mr. MOY- By Ms. MOSELEY-BRAUN: NIHAN, Mr. COCHRAN, Mr. DODD, Mr. 52,900 employees. S. 677. A bill to amend the Immigration What supports the industry—includ- and Nationality Act of 1994, to provide the WARNER, Mr. HARKIN, Mr. NICKLES, Mr. BIDEN, Mr. DOMENICI, Mr. GLENN, ing the job base, the breeding farms, descendants of the children of female United and the revenue stream in the form of States citizens born abroad before May 24, Mr. HATCH, Mr. KERRY, Mr. SPECTER, 1934, with the same rights to United States Mr. BREAUX, Mr. GRAMM, Mr. $1.9 billion in taxes to all levels of gov- citizenship at birth as the descendants of LIEBERMAN, Mr. SHELBY, Mrs. FEIN- ernment—is the investment in the children born of male citizens abroad; to the STEIN, Mr. JEFFORDS, Ms. MOSELEY- horses themselves. The horse industry Committee on the Judiciary. BRAUN, Mr. COATS, Mr. REID, Mr. relies on outside investment to oper- By Mr. LEAHY: MACK, Mr. CRAIG, Mr. CAMPBELL, Mr. ate, just as other businesses do. With- S. 678. A bill to provide for the appoint- FAIRCLOTH, Mr. COVERDELL, Mr. out others willing to buy and breed ment of additional Federal circuit and dis- KEMPTHORNE, Mr. INHOFE, Mr. DEWINE, Mr. SANTORUM, Mr. horses, the 1.4 million jobs supported trict judges, and for other purposes; to the by this industry are at stake. Committee on the Judiciary. ASHCROFT, Mr. ABRAHAM, Mr. FRIST, Mr. HUTCHINSON, Mr. SMITH of Or- Since the Tax Reform Act of 1986, the By Mr. ROCKEFELLER: horse industry has experienced a near- S. 679. A bill for the relief of Ching-hsun egon, Ms. COLLINS, Mr. ENZI, Mr. and Ching-jou Sun; to the Committee on the ROBERTS, and Mr. SESSIONS): devastating decline with job losses oc- Judiciary. S. 689. A bill to authorize the President to curring at racetracks, horse farms, and By Ms. SNOWE: award a gold medal on behalf of the Congress industry suppliers. In addition, hun- S. 680. A bill to amend the Internal Reve- to Mother Teresa of Calcutta in recognition dreds of breeding farms have gone out nue Code of 1986 to allow a credit for interest of her outstanding and enduring contribu- of business. Most horse owners and paid on loans for higher education, to pro- tions through humanitarian and charitable breeders believe that the limits on pas- vide for education savings accounts, and for activities, and for other purposes; to the Committee on Banking, Housing, and Urban sive losses are a major reason for the other purposes; to the Committee on Fi- decline as well as for the chilled inter- nance. Affairs. By Mr. BREAUX (for himself, Mr. est of investors in horses. Since the By Mr. GRAHAM (for himself and Mr. mid-1980’s, the number of horses bred MACK): COCHRAN, Mr. CONRAD, Mr. DORGAN, S. 681. A bill to designate the Federal Ms. MOSELEY-BRAUN, Mr. REID, Mr. and registered has decreased—leading building and United States courthouse lo- ROCKEFELLER, Mr. DASCHLE, and Mr. to losses in jobs and revenues for the cated at 300 Northeast First Avenue in ROBB): States. Miami, Florida, as the ‘‘David W. Dyer Fed- S. 690. A bill to amend title XVIII of the The 1986 act indicates that in order eral Courthouse’’; to the Committee on Envi- Social Security Act to improve preventive to satisfy the material participation ronment and Public Works. benefits under the Medicare program; to the requirement, a person’s involvement By Mr. HARKIN (for himself and Mr. Committee on Finance. must be regular, continuous, and sub- FORD): By Mr. INOUYE (for himself, Mr. LEVIN, Mr. D’AMATO, Mr. HARKIN, Mr. stantial. However, the horse industry S. 682. A bill to amend title 32, United is unique, and the passive loss rules are States Code, to make available not less than CLELAND, Mr. GREGG, Mr. AKAKA, Mr. $200,000,000 each fiscal year for funding of ac- LEAHY, Mr. FORD, Mrs. FEINSTEIN, difficult for some to satisfy. Because of tivities under National Guard drug interdic- Mr. ROBB, Mr. WARNER, and Mr. STE- the expertise and physical ability that tion and counterdrug activities plans; to the VENS): is required, many owners cannot ride, Committee on Armed Services. S.J. Res. 29. A joint resolution to direct train, breed and show their horses. By Mr. STEVENS: the Secretary of the Interior to design and The bill I introduce today will alter S. 683. A bill to require the Secretary of construct a permanent addition to the these requirements to make them fair, the Treasury to mint coins in commemora- Franklin Delano Roosevelt Memorial in workable, and enforceable. I ask unani- Washington, D.C., and for other purposes; tion of the bicentennial of the Library of mous consent that it be printed in the Congress; to the Committee on Banking, considered and passed. RECORD. Housing, and Urban Affairs. f There being no objection, the bill was By Mr. CONRAD (for himself, Mr. ordered to be printed in the RECORD, as DASCHLE, Mr. DORGAN, Mr. GRAMS, STATEMENTS ON INTRODUCED Mr. JOHNSON, and Mr. WELLSTONE): BILLS AND JOINT RESOLUTIONS follows: S. 675 S. 684. A bill to amend the Robert T. Staf- By Mr. MCCONNELL: ford Disaster Relief and Emergency Assist- S. 675. A bill to amend the Internal Be it enacted by the Senate and House of Rep- ance Act to provide assistance to local edu- resentatives of the United States of America in cational agencies in cases of certain disas- Revenue Code of 1986 to modify the ap- Congress assembled, ters, and for other purposes; to the Commit- plication of the passive loss limitations SECTION 1. SHORT TITLE. tee on Environment and Public Works. to equine activities; to the Committee This Act may be cited as the ‘‘Equine Tax By Mr. CAMPBELL: on Finance. Fairness Act of 1997’’. S3902 CONGRESSIONAL RECORD — SENATE May 1, 1997 SEC. 2. APPLICATION OF PASSIVE LOSS LIMITA- Mileage Act of 1997. This bill will in- SEC. 2. INCREASE IN STANDARD MILEAGE RATE TIONS TO EQUINE ACTIVITIES. crease the standard mileage rate de- EXPENSE DEDUCTION FOR CHARI- TABLE USE OF PASSENGER AUTO- (a) DETERMINATION OF MATERIAL PARTICI- duction for charitable use of an auto- PATION.—Subsection (h) of section 469 of the MOBILE. Internal Revenue Code of 1986 (defining ma- mobile from 12 cents a mile to 18 cents (a) IN GENERAL.—Section 170(i) of the In- terial participation) is amended by adding at a mile. I think this bill should be ternal Revenue Code of 1986 (relating to the end the following new paragraph: unanimously supported by my col- standard mileage rate for use of passenger ‘‘(6) TREATMENT OF EQUINE ACTIVITIES.— leagues on both sides of the aisle. automobile) is amended to read as follows: ‘‘(A) IN GENERAL.—A taxpayer shall be Mr. President, many of our citizens ‘‘(i) STANDARD MILEAGE RATE FOR USE OF PASSENGER AUTOMOBILE.— treated as materially participating in an who volunteer for charitable activities ‘‘(1) GENERAL RULE.—Except as provided in equine activity for a taxable year if— incur expenses for which they are not ‘‘(i) the taxpayer’s participation in such paragraph (2), for purposes of computing the activity for such year constitutes substan- reimbursed. For example, when an indi- deduction under this section for use of a pas- tially all of the participation in the activity vidual uses his or her automobile to de- senger automobile, the standard mileage of all individuals for such year, other than liver a meal to a homebound elderly in- rate shall be 18 cents per mile. individuals— dividual, or to transport children to ‘‘(2) TAXABLE YEARS BEGINNING AFTER 1998.— ‘‘(I) who are not owners of interest in the Scouting activities, the volunteer usu- Not later than December 15 of 1998, and each activity, ally pays the transportation cost out of subsequent calendar year, the Secretary may ‘‘(II) who are retained and compensated di- prescribe an increase in the standard mile- pocket with no expectation of reim- age rate allowed under this subsection with rectly by the taxpayer, and bursement. ‘‘(III) whose activities are subject to the respect to taxable years beginning in the oversight, supervision, and control of the I believe the costs associated with succeeding calendar year if the Secretary de- taxpayer, or charitable transportation services termines that such increase is necessary to ‘‘(ii) based on all of the facts and cir- ought to be deductible at a rate which reflect increased costs in the use of pas- cumstances, the taxpayer participates in the fairly reflects the individual’s actual senger automobiles.’’ activity on a regular, continuous, and sub- costs. This is especially important for (b) EFFECTIVE DATE.—The amendment stantial basis during such year, except that made by subsection (a) shall apply to taxable volunteers living in rural States who years beginning after December 31, 1996. for purposes of this clause— have to travel long distances to provide ‘‘(I) the taxpayer shall not be required to community services. participate in the activity for any minimum THE AMERICAN LEGION, period of time during such year, and Congress in 1984 set the standard Washington, DC, April 24, 1997. ‘‘(II) the performance of services by indi- mileage expense deduction rate of 12 Hon. FRANK MURKOWSKI, viduals who are not owners of interests in cents per mile for individuals who use U.S. Senate, Hart Senate Office Building, the activity shall not be considered if such their automobiles in connection with Washington, DC. services are routinely provided by individ- charitable activities. At the time, the DEAR SENATOR MURKOWSKI: The American Legion fully supports the ‘‘Charitable Travel uals specializing in such services and such standard mileage rate for business use services are subject to the oversight, super- Equity Act of 1997,’’ to amend the Internal of an automobile was 20.5 cents per Revenue Code of 1986 to increase the stand- vision, and control of the taxpayer. mile. In the intervening 13 years, the ‘‘(B) PARTNERS AND S CORPORATION SHARE- ard mileage rate deduction for charitable use HOLDERS.—Subject to paragraph (2), the de- business mileage rate has increased to of passenger automobiles. termination of whether a partner or S cor- 30.5 cents per mile but the charitable Not only does The American Legion ap- poration shareholder shall be treated as ma- mileage rate has remained unchanged plaud the increase in the mileage rate deduc- terially participating in any equine activity at 12 cents per mile because Treasury tion, but more importantly this measure of the partnership or S corporation shall be does not have the authority to adjust fixes the problem that has not allowed for in- cremental increases without an act of Con- based upon the combined participation of all the rate. of the partners or shareholders in the activ- gress action. The standard mileage rate de- By raising the charitable mileage duction for business use of passenger auto- ity. rate to 18 cents a mile, my legislation ‘‘(C) EQUINE ACTIVITY.—For purposes of this mobiles has increased significantly while no paragraph, the term ‘equine activity’ means restores the ratio that existed in 1984 adjustments were made in the charitable use breeding, racing, or showing horses.’’ between the charitable mileage rate rate. Granting the Secretary the authority (b) EFFECTIVE DATE.—The amendment and the business mileage rate. In addi- to make prescribed adjustments will provide made by this section shall take effect as if tion, the legislation authorizes the fairness and promote additional volunteer- included in the amendments made by section Secretary of the Treasury to increase ism. 501 of the Tax Reform Act of 1986. Thank you for your continuous leadership the charitable mileage rate in the same on behalf of America’s veterans and their de- manner as is currently allowed for By Mr. MURKOWSKI (for himself pendents. business mileage expenses. Sincerely, and Mr. COCHRAN): All of us agree that with the chang- STEVE ROBERTSON, S. 676. A bill to amend the Internal ing role of the Federal Government, we Director, National Legislative Commission. Revenue Code of 1986 to increase the need to do more to encourage volunta- standard mileage rate deduction for rism in our country. Volunteers who By Ms. MOSELEY-BRAUN: charitable use of passenger auto- provide transport services should be al- S. 677. A bill to amend the Immigra- mobiles; to the Committee on Finance. lowed to deduct such costs at a rate tion and Nationality Act of 1994, to THE CHARITABLE EQUITY MILEAGE ACT OF 1997 which fairly reflects their true out-of- provide the descendants of the children Mr. MURKOWSKI. Mr. President, in pocket costs. That is precisely what of female U.S. citizens born abroad be- the past week, we have heard a great this bill does and I urge my colleagues fore May 24, 1934, with the same rights deal of discussion regarding volunta- to join with me in sponsoring this im- to U.S. citizenship at birth as the de- rism in America. In Philadelphia, portant legislation. scendants of children born of male citi- President Clinton has been joined by Mr. President, I have a letter of sup- zens abroad; to the Committee on the former President Bush and former port for my bill from the American Le- Judiciary. Chairman of the Joint Chiefs of Staff, gion and I ask unanimous consent that THE EQUITY IN TRANSMISSION OF CITIZENSHIP Colin Powell, in what has been styled a this letter be printed in the RECORD. ACT OF 1997 voluntarism summit. I further ask unanimous consent that Ms. MOSELEY-BRAUN. Mr. Presi- On the floor of the Senate, we have the text of the bill be printed in the dent, I am introducing a bill today that been attempting to move legislation, RECORD. will amend legislation written by my which I believe should not be con- There being no objection, the mate- former colleague, the distinguished troversial, that would protect volun- rial was ordered to be printed in the Senator from Illinois, Paul Simon, and teers from fear of legal actions result- RECORD, as follows: enacted into law. Three years ago, Sen- ing from their efforts. I would hope S. 676 ator Simon was the leader in enacting that the impasse over this bill could be Be it enacted by the Senate and House of Rep- the Immigration and Nationality and broken and we could move forward on resentatives of the United States of America in Technical Corrections Act of 1994. My this important bill. Congress assembled, bill seeks to add a further correction to In the spirit of encouraging more vol- SECTION 1. SHORT TITLE. the Immigration and Nationality Act, unteer efforts in America, I am today This Act may be cited as the ‘‘Charitable so that the spirit and intent of Senator introducing the Charitable Equity Travel Equity Act of 1997’’. Simon’s work is enacted into law. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3903 Prior to 1934, a child born overseas to U.S. citizens by birth. It will ensure and the right of religious freedom be a U.S. father and a foreign mother was that the spirit of Senator Simon’s leg- without the Federal courts? It is ironic recognized by the United States as a islation is enacted into law. I urge my that the right of free speech that the U.S. citizen. However, a child born colleagues to support this legislation. Federal judiciary bashers take for overseas to a U.S. mother and a foreign Mr. President, I ask unanimous con- granted in the war against judges has father was considered to be a foreign sent that the text of this bill be printed been protected time and time again by national, not a U.S. citizen. Effec- in the RECORD. those very same judges. tively, therefore, before 1994, U.S. fa- There being no objection, the bill was It is our independent judiciary that thers could pass on their citizenship to ordered to be printed in the RECORD, as handed down landmark decisions like children born overseas, but U.S. moth- follows: Brown versus Board of Education. ers could not. Senator Simon sought to S. 677 Without our independent judiciary, remedy this gender inequality by auto- Be it enacted by the Senate and House of how long would African-American chil- matically granting U.S. citizenship to Representatives of the United States of America dren have to suffer deplorable condi- those individuals born overseas to U.S. in Congress assembled, tions in substandard schools? I remem- mothers before 1934. Under his legisla- SECTION 1. SHORT TITLE. ber after Brown versus Board of Edu- tion, the Immigration and Nationality This Act may be cited as the ‘‘Equity in cation, we had the bumper stickers and and Technical Corrections Act of 1994, Transmission of Citizenship Act of 1997’’. billboards, ‘‘Impeach Earl Warren,’’ the children of American mothers and SEC. 2. FINDINGS. and ‘‘Impeach the Supreme Court.’’ foreign fathers became U.S. citizens. Congress finds that— Well, only because they were politi- (1) since the children born abroad to Unit- His legislation also contained lan- cally independent could they hand guage to address the third generation— ed States citizen mothers before May 24, 1934, only became entitled to claim United down a decision so unpopular at the the children of these children. It is States citizenship, acquired at birth, as of time, but so recognized today univer- likely that the grandchildren of the October 25, 1994, with the enactment of Pub- sally as the right decision. I shudder to U.S. mothers and foreign fathers would lic Law 103–416, they were not legally admis- think where we would be today with have been U.S. citizens had their chil- sible into the United States as citizens prior Federal judges who are tied to the po- dren been U.S. citizens. Therefore, the to that date; and litical whims of the moment. We 1994 law also granted U.S. citizenship (2) therefore, they could not meet the resi- should talk about where the country dency requirements to transmit United to these grandchildren. would be without independent Federal This provision granting citizenship States citizenship onto their children as the children of male United States citizens judges. to the grandchildren, however, contra- could. The nonpartisan Judicial Conference dicted another section of the Immigra- SEC. 3. EQUAL TREATMENT OF CHILDREN BORN of the United States has proposed tion and Nationality Act [INA]. INA ABROAD OF FEMALE UNITED changes in the makeup of our courts. It states that in order to transmit U.S. STATES CITIZENS IN CONFERRING has been 7 years since Congress last se- CITIZENSHIP TO CHILDREN BORN citizenship from a parent to a child riously reexamined the caseload of the born overseas, the parent must have ABROAD. (a) IN GENERAL.—Section 101 of Public Law Federal judiciary. lived in the United States for 10 years. 103–416 is amended by amending subsection Mr. President, our judges do an admi- A U.S. citizen who has a child overseas (d) to read as follows: rable job under tough conditions. They needs to have lived in the United ‘‘(d) WAIVER OF TRANSMISSION REQUIRE- endure constant criticism and heavy States over a 10-year period to pass on MENTS.—The parental physical presence re- caseloads. Contrary to what some of U.S. citizenship to his or her children. quirement contained in section 301(g) of the Immigration and Nationality Act shall not my Republican colleagues have stated, This transmission requirement is gen- there is a need for more Federal judges. der neutral, and applies to all U.S. citi- apply to any person born before the date of The Judicial Conference of the Unit- zens who have children overseas. enactment of this Act who claims United Senator Simon’s law did not specifi- States citizenship based on such person’s de- ed States, the nonpartisan policy- scent from an individual described in section making arm of the judicial branch, be- cally waive this transmission require- 301(h) of the Immigration and Nationality ment for the third generation, al- lieves that the continuing heavy case- Act.’’. load of our courts of appeals and dis- though the language of the bill clearly (b) EFFECTIVE DATE.—The amendment stated that it intended to grant citi- made by subsection (a) shall be deemed to trict courts merit additional judges. zenship to the grandchildren of the have become effective as of October 25, 1994. Overworked judges and heavy caseloads American mothers. The lawyers at INS slow down the judicial process, and as have concluded that the transmission By Mr. LEAHY: we all know, justice delayed is justice requirement must be met in order to S. 678. A bill to provide for the ap- denied. Mr. President, we must act pass citizenship onto the grandchildren pointment of additional Federal circuit now. of the American mothers and foreign and district judges, and for other pur- Mr. President, on Law Day, a day to fathers. In other words, INS is requir- poses; to the Committee on the Judici- commemorate our Nation’s legal sys- ing the third generation to show that ary. tem and the freedoms it is designed to the second generation lived in the THE FEDERAL JUDGESHIP ACT OF 1997 protect, I introduce the Federal Judge- United States for 10 years in order to Mr. LEAHY. In that regard, today ship Act of 1997. This legislation, iden- pass citizenship to the third genera- being Law Day I think we should honor tical to the recommendations of the tion. the Federal judiciary. We have a politi- nonpartisan Judicial Conference of the This is impossible given that the sec- cal climate where many of my col- United States, would create 12 addi- ond generation was never allowed to leagues bash the Federal judiciary on a tional permanent judgeships and five live in the United States because they daily basis and propose legislation that temporary judgeships for the U.S. were not citizens until 1994. Thus the threatens a time-honored independence Court of Appeals; and 24 additional per- provision of the 1994 law granting citi- of the Federal judiciary. I think our manent judgeships and 12 temporary zenship to these grandchildren was Nation’s judges deserve our respect, ad- judgeships for the U.S. district courts. never implemented. miration, and support—not our disdain, In 1984, Congress passed a bill to ad- The purpose of my bill is to waive the scorn, and antipathy. Anywhere you go dress the need for additional judge- transmission requirement for the in the world you will find that one of ships. Six years later, in 1990, Congress grandchildren of the American mothers the things that stands out, one of the again fulfilled its constitutional re- and foreign fathers. The third genera- things admired most about the United sponsibility and enacted the Federal tion will not have to show that the sec- States, is the independence of our Fed- Judgeship Act of 1990 because of a ond generation lived in the United eral judiciary. sharply increasing caseload, particu- States for 10 years. They will be grant- For the past 200 years, they protected larly for drug-related crimes. ed citizenship even though their par- the freedoms and fundamental rights It is now 7 years since Congress last ents did not live in the United States we all take for granted. You could ask, seriously reexamined the caseload of for 10 years. This bill will help a small where would our cherished rights like the Federal judiciary and the need for number of people who should have been first amendment-protected free speech more Federal judges. Let us act now. S3904 CONGRESSIONAL RECORD — SENATE May 1, 1997 Let us fulfill our constitutional respon- ola, Inc., whose purpose is to create a are separated from their father and sib- sibilities. Let us ensure that justice is global network of telecommunications lings for years to come. Jack Sun fre- not delayed or denied for anyone. systems through the use of low-orbit- quently and extensively travels to the ing satellites. United States to oversee his business By Mr. ROCKEFELLER: The purpose of this private bill is to operations. S. 679. A bill for the relief of Ching- attempt to assist Jack Sun in expedit- There is simply no further adminis- hsun and Ching-jou Sun; to the Com- ing the completion of the permanent trative procedure to use to resolve this mittee on the Judiciary. residence process that is well underway situation for the Sun family and these PRIVATE RELIEF LEGISLATION through conventional procedures for two children. They are confronted with Mr. ROCKEFELLER. Mr. President, his two youngest children, Ching-Jou an extraordinarily long delay waiting today, I am introducing a private relief Sun, age 8, and Ching-Hsun Sun, age 6. for visas already approved to actually bill that is based on careful reflection Jack Sun’s three eldest children re- become available. No administrative and a sincere desire to help a family of ceived their permanent residence sta- remedy exists to cure this situation. importance to me and my State of tus on April 28, 1992. No further relief is available from the West Virginia. Regarding this bill, in July, 1995, a Immigration and Naturalization Serv- This is an effort to assist an individ- petition for alien relative was filed on ice or any other agency. The relevant ual named Jack Sun who is a promi- behalf of ching-jou and Ching-Hsun administrative agencies, including the nent international businessman and Sun. The Immigration and Naturaliza- Immigration and Naturalization Serv- multinational manager with perma- tion Service approved the petitions on ice and the National Visa Center at the nent residence status in the United January 30, 1996. Upon approval of the State Department, have informed Jack States. Mr. Sun sought and obtained petitions, the children were assigned a Sun and his attorney that there is no permanent residence in the United priority date of July 26, 1995. administrative vehicle to expedite con- States to enable him to pursue eco- However, Jack Sun and his attorney clusion of the permanent residence nomic business and ties between his have been informed by the Department process. native Taiwan and the United States. of State’s Bureau of Consular Affairs, Therefore, I have decided to seek a Of great significance to West Vir- that in the preference category for legislative remedy for Jack Sun’s fam- ginia, in his capacity as Chairman of which Ching-Jou and Ching-Hsun Sun ily. After carrying out all the steps Taiwan Aerospace Corp., Jack Sun has have been approved, the number of peo- needed to obtain approval for resident been instrumental in forging a Taiwan/ ple approved for issuance of visas far status, they face a 6-year waiting pe- United States joint venture named exceeds the number of visas currently riod that now condemns a father and Sino Swearingen, Inc., that will build available for actual issuance. Con- children to prolonged periods of separa- state-of-the-art business jets in my sequently, the children have been as- tion. home State of West Virginia. Taiwan signed a priority date that is a place on Because of my respect for Jack Sun Aerospace Corp., and its Taiwanese co- the waiting list. The National Visa and deep appreciation for the role he investors have to date committed an Center states that based upon the cur- has played in locating a major new amount in excess of $150 million to fi- rent conditions and backlog, the prior- source of jobs and opportunity for West nance this joint venture. Sino ity date held by Ching-Jou and Ching- Virginians, I am asking Congress to Swearingen, Inc., is expected to employ Hsun Sun will not be reached for more take the legislative action required to around 800 people at this West Virginia than 4 years. relieve a family of undue hardship and site when it becomes fully operational. Ching-Jou and Ching-Hsun Sun are separation solely resulting from the As someone who knows Jack Sun now in the process of waiting for their grim reality that two children would personally and has worked closely with green cards which would enable them otherwise have to wait 6 years to get him to pursue this new investment and to live and go to school in the United visas they already have been approved jobs opportunity for West Virginia, I States with their sisters and brother. for. I believe this is just the example of know him to be an honorable individ- To add to the problem, during this an extraordinary personal situation ual. He is an internationally respected waiting period, the children cannot that merits congressional assistance business leader, well known to the even travel with their father and fam- and action. American business community. Jack ily in the United States. The children Mr. President, I ask unanimous con- Sun has worked extremely hard to de- cannot obtain even a visitor’s visa be- sent that the text of the bill be printed velop and maintain strong personal and cause they have already indicated their in the RECORD. business ties in the United States. In immigration intent. There being no objection, the bill was addition to his business activities, Although the petitions were approved ordered to be printed in the RECORD, as Jack Sun is active in the cultural and on behalf of Ching-Hsun Sun and follows: academic life of both Taiwan and the Ching-Jou Sun, the prolonged continu- S. 679 United States. He also sits on the Uni- ation of the waiting period has created Be it enacted by the Senate and House of Rep- versity of Southern California School personal hardships for Jack Sun, and resentatives of the United States of America in of Business Administration’s CEO his family. Jack Sun’s three oldest Congress assembled, SECTION 1. PERMANENT RESIDENCE. board of advisors. children permanently reside in Pasa- Notwithstanding any other provision of Jack Sun, in his capacity as presi- dena, CA. The two oldest daughters law, for purposes of the Immigration and Na- dent of Pacific Electric Wire & Cable presently attend the University of tionality Act (8 U.S.C. 1101 et seq.), Ching- Co., Ltd, has, over the past 10 years, di- Southern California. Jack Sun simply hsun Sun and Ching-jou Sun shall be held rected significant investments into the would like his family to be together as and considered to have been lawfully admit- United States and has created thou- much as possible. This means he wishes ted to the United States for permanent resi- sands of jobs for Americans. Mr. Sun is to be able to travel with his children to dence as of the date of the enactment of this the president of Pacific USA Holdings the United States, and to unify his Act upon payment of the required visa fees. SEC. 2. REDUCTION OF NUMBER OF AVAILABLE Corp. headquartered in Dallas, TX. Pa- family. Under the present cir- VISAS. cific USA Holdings Corp. is a diversi- cumstances, the family is split, three Upon the granting of permanent residence fied holding company whose business children holding permanent residence to Ching-hsun Sun and Ching-jou Sun as pro- activities encompass commercial bank- status and living in the United States, vided in this Act, the Secretary of State ing, home building, mortgage and in- while the two youngest children have shall instruct the proper officer to reduce by vestment banking, property develop- to remain in Taiwan during this pro- the appropriate number during the current ment, insurance and technology serv- longed waiting period and the potential fiscal year the total number of immigrant ices, to name but a few. Pacific USA 6 year delay before achieving visas for visas available to natives of the country of the aliens’ birth under section 203(a) of the Holdings Corp. and its subsidiaries now permanent residence status. Immigration and Nationality Act (8 U.S.C. employ more than 2,000 U.S. workers. This forced separation creates a par- 1153(a)). Jack Sun also serves as director of ticular hardship because of the ages of the Iridium project which is an inter- the children. The children are not per- By Mr. GRAHAM (for himself and national alliance sponsored by Motor- mitted to travel with their father and Mr. MACK): May 1, 1997 CONGRESSIONAL RECORD — SENATE S3905 S. 681. A bill to designate the Federal distinguished service. I urge my col- san support and affects law enforce- building and U.S. courthouse located at leagues to support me in enacting this ment all across the United States. I en- 300 Northeast First Avenue in Miami, measure. courage my colleagues to support this FL, as the ‘‘David W. Dyer Federal important legislation. Courthouse’’; to the Committee on En- By Mr. HARKIN (for himself and vironment and Public Works. Mr. FORD): By Mr. STEVENS: S. 683. A bill to require the Secretary DAVID W. DYER FEDERAL COURTHOUSE S. 682. A bill to amend title 32, Unit- of the Treasury to mint coins in com- LEGISLATION ed States Code, to make available not memoration of the bicentennial of the Mr. GRAHAM. Mr. President, today I less than $200,000,000 each fiscal year Library of Congress; to the Committee have the distinct pleasure to introduce for funding of activities under National on Banking, Housing, and Urban Af- legislation that would redesignate the Guard drug interdiction and fairs. Old Federal Courthouse in Miami, FL, counterdrug activities plans; to the the ‘‘David W. Dyer Federal Court- Committee on Armed Services. THE LIBRARY OF CONGRESS BICENTENNIAL COMMEMORATIVE ACT OF 1997 NATIONAL GUARD COUNTERDRUG STATE PLAN house.’’ Mr. STEVENS. Mr. President, today Residing behind the bench for over 30 PROGRAM LEGISLATION Mr. HARKIN. Mr. President, the Na- I am introducing legislation that would years, Judge Dyer distinguished him- authorize the minting of silver $1 coins self as one of the finest jurists in the tional Guard has a history of superb performance in supporting the needs of and gold $5 coins in commemoration of State of Florida, and his commitment the bicentennial of the Library of Con- to public service dates back to his serv- law enforcement agencies and commu- nity antidrug coalitions. Every day the gress. The year 2000 will mark this im- ice in the U.S. Army during World War portant event for the Congress and the National Guard has nearly 4,000 sol- II. Nation. Over the past two centuries, diers and airmen on full-time counter In 1961, President John F. Kennedy the U.S. Congress has built its library drug duty. Three-hundred and seventy- appointed him to the District Court for into America’s library and the greatest three in support of the Drug Enforce- the Southern District of Florida. At repository of recorded knowledge and the time the Southern District in- ment Agency [DEA], 625 in support of creativity in the history of the World. cluded Tampa, Jacksonville, and U.S. Customs, and 3,000 more in sup- Proceeds from the coin will help the Miami. The following year the district port of local, State, and Federal law library support bicentennial programs, was pared down and he became the ini- enforcement agencies in every State in educational outreach, and other activi- tial chief judge of the reconfigured the Nation. ties including programs with schools Southern District. Judge Dyer would Unfortunately, for the last 5 years, and libraries across the Nation. continue to serve in this capacity for this successful program has been on a The Library of Congress’ bicenten- the next 4 years. budget rollercoaster. For example, nial merits a U.S. commemorative President Lyndon Johnson then ap- funding for the fiscal year 1998 Na- coin. The library is an institution that pointed him to the U.S. Court of Ap- tional Guard Counterdrug State plans has an enduring effect on the Nation’s peals for the Fifth Circuit in 1966. This program will result in a 42-percent cut culture and history. As vice chairman marked the first time that anyone in the amount actually available to of the Joint Committee on the Library, from Miami had been honored with the State plans from the fiscal year 1997 I am pleased to offer this legislation opportunity to serve on the court of level. It is tough to maintain program and I welcome and encourage my col- appeals. In 1977, Judge Dyer rose to the consistency when the funding level leagues to join as cosponsors. position of senior judge for the fifth fluctuates each year. Legislation I am circuit and carried this status over introducing today, along with Senator By Mr. CONRAD (for himself, Mr. into the Eleventh Circuit Court of Ap- FORD, the co-chairman of the National DASCHLE, Mr. DORGAN, Mr. peals. Guard Caucus, will stabilize funding for GRAMS, Mr. JOHNSON, and Mr. During the turbulent 1960’s, Judge the National Guard Counterdrug State WELLSTONE): Dyer participated in a number of civil plans program at no less than $200 mil- S. 684. A bill to amend the Robert T. rights cases. This period was an era lion each fiscal year. Stafford Disaster Relief and Emer- when the Federal courts were called to Iowa law enforcement, as well as law gency Assistance Act to provide assist- implement the constitutional ideal of enforcement across the United States, ance to local educational agencies in cases of certain disasters, and for other equal justice under the law for all relies heavily on the help of the Na- purposes; to the Committee on Envi- Americans. It was a proud time in our tional Guard in their drug fighting ef- ronment and Public Works. legal history and Judge Dyer is part of forts. The National Guard provides per- that legacy. In one such case, he was sonnel and equipment to local law en- DISASTER RELIEF LEGISLATION Mr. CONRAD. Mr. President, last responsible for the desegregation of the forcement agencies. Guard men and week on several occasions I spoke restaurants on the Florida Turnpike. women assist with analytical and tech- about the devastating impact of the Judge Dyer served his community in nical support so that criminal inves- floods along the Red River Valley on a variety of other capacities. He is a tigators can be out on the street. The the residents of the communities in former member of the board of gov- Iowa High Intensity Drug Trafficking North Dakota, South Dakota, and Min- ernors and executive committee of the Area [HIDTA] task force plans to uti- nesota. Florida Bar, as well as the board of lize National Guard support as part of I note that the current occupant of governors of the Maritime Law Asso- their efforts to fight methamphet- the chair sent me a very gracious note ciation. He also served as president of amine trafficking in Iowa. Guard men about the fact that he has relatives in the Dade County Bar, the largest in and women also work in partnership North Dakota. I want to acknowledge Florida. with the Community Anti-drug Coali- his offer to help, which we appreciate Judge Dyer has been an inspirational tion of America and expect to reach 10 very much. model for two generations of lawyers. million young people in the country to The impact of the floods on small He has shown through his example help educate and motivate them to re- communities and the city of Grand what integrity of character, sound ject the use of illegal drugs. Forks, ND has been extraordinary. In judgment, and courage of conviction As we face unprecedented drug prob- Grand Forks alone, more than 60,000 can achieve in implementing our high- lems in Iowa and across the Nation, it residents have been evacuated to tem- est ideals. is necessary to maintain consistent porary shelters. Much of downtown Mr. President, Judge Dyer spent funding for the drug fighting efforts of Grand Forks has been destroyed by much of his life working out of the Old the National Guard. Not only does the fires, and an estimated 28 to 35 schools Federal Courthouse in Miami. Passage National Guard Counterdrug Program and higher education facilities have of this legislation to redesignate the free up criminal investigators to fight been severely damaged or destroyed by building in Judge Dyer’s name would crime on the streets, it provides an av- the floods. be a small, but fitting token of appre- enue for cooperation that makes en- This disaster has left more than ciation that America and its judicial forcement more efficient as well. This 11,000 elementary and secondary stu- system owe Judge Dyer for his years of program traditionally enjoys biparti- dents and 10,500 university students S3906 CONGRESSIONAL RECORD — SENATE May 1, 1997 without school facilities for classroom schools are in the area that has been ment of Labor, the Department of the instruction. Many of these elementary declared a major disaster by the Presi- Treasury, and the Congress to study and secondary students are attending dent. the costs and benefits of the credit. To classes in more than 30 school districts As FEMA currently has the author- date, there are no statistics available. across the State. The North Dakota Of- ity to restore educational facilities, I And while we await a more complete fice of Management and Budget has es- believe the agency is best equipped to set of statistics on how the revised tax timated that damage to local edu- respond quickly to the emergency oper- credit is performing, I believe the Con- cation facilities, as well as the unan- ating needs of school districts affected gress should begin consideration of an ticipated costs to provide education by disasters. As I noted earlier, school extension of this credit to allow more services for displaced students around districts in 7 states affected by Mid- employers to take part in the program the State, may exceed $250 million. west floods and Dade County schools and to provide an assurance to employ- Mr. President, local school districts impacted by Hurricane Andrew bene- ers and potential employees alike that and the North Dakota University sys- fited from this emergency assistance in there is an incentive which is available tem will need considerable assistance 1992–94. There is no question that to stimulate job opportunities. The from the Department of Education and school districts in North Dakota, sooner we are able to provide an exten- the Federal Emergency Management South Dakota, and Minnesota urgently sion for the credit, the more secure Agency [FEMA] to fully recover from need similar assistance. I intend to both the employers and the employees this terrible disaster. I have been ad- offer this legislation as part of the sup- who take part in this credit will be. vised that FEMA, under the Robert plemental disaster assistance measure In addition, authorizing the credit Stafford Disaster Relief and Emer- when it reaches the Senate floor. I for an additional fiscal year will pro- gency Assistance Act, has the author- hope my colleagues will support this vide this Congress with a set of statis- ity to provide assistance to local gov- urgent need. tics available from multiple fiscal ernmental agencies including school years, not just 1, allowing us to better By Mr. CAMPBELL: districts and the North Dakota Univer- S. 685. A bill to amend the Internal assess the costs and benefits of the sity system, for repair of educational Revenue Code of 1986 to extend the WOTC. facilities. work opportunity tax credit for an ad- I am hopeful that the revised tax FEMA, however, does not have au- ditional fiscal year; to the Committee credit will prove more successful than thority under the Stafford Act to assist on Finance. its predecessor. I have long been a sup- or reimburse a local school district for porter and advocate for the promotion providing unanticipated educational LEGISLATION TO EXTEND THE WORK OPPORTUNITY TAX CREDIT of job opportunities and job training services to displaced students. Mr. CAMPBELL. Mr. President, for at-risk youth and ex-offenders, in Such emergency educational assist- today I am introducing legislation particular. Any incentive to put more ance was available in the past to local which would provide for a 1-year exten- Americans to work should be given the school districts from the Department sion of the work opportunity tax cred- chance to succeed; 1 year is simply not of Education under Impact Aid, section it, authorizing the credit beyond this enough. 7—assistance for current school ex- fiscal year through the end of fiscal With that, I ask this bill be referred penditures in cases of certain disasters. year 1998. to the appropriate committee. During This law, unfortunately, was repealed My colleagues know well the history the 105th Congress, a number of tax in 1994 during consideration of the Im- behind the work opportunity tax cred- proposals will be under consideration, proving America’s School Act. it. It is the successor to the targeted and it is my hope that, by introducing Prior to 1994, for example, school dis- jobs tax credit which expired 2 years this measure, the work opportunity tax tricts affected by natural disasters in- ago and which received some criticism credit does not get lost in the shuffle cluding Hurricane Andrew—1992—in that it was an ineffective incentive and expire prematurely. Dade County, FL, and communities in mechanism. However, Congress felt Mr. President, I ask unanimous con- 7 states impacted by the Midwest that there could be some type of worth- sent that the bill be printed in the floods—1993—were eligible for disaster while incentive which could encourage RECORD. assistance to meet emergency edu- employers to hire individuals from eco- There being no objection, the bill was cation operating expenses. In North nomically disadvantaged groups, and ordered to be printed in the RECORD, as Dakota, more than 30 school districts as a result, the credit was revised, re- follows: throughout the State are assisting named the work opportunity tax cred- S. 685 11,000 displaced students from the it, and incorporated into the Small Be it enacted by the Senate and House of Rep- Grand Forks area. Another 30,000 stu- Business Job Protection Act (P.L. 104– resentatives of the United States of America in dents in Minnesota are displaced and 188), which the Congress passed and the Congress assembled, attending classes in school districts President signed into law last year. SECTION 1. ONE-YEAR EXTENSION OF WORK OP- across the State. These school districts PORTUNITY TAX CREDIT. The revised tax credit, with tougher Section 51(c)(4)(B) of the Internal Revenue are in urgent need of similar emer- standards, such as in the area of cer- Code of 1986 (relating to termination) is gency assistance. tification and retention requirements, amended by striking ‘‘September 30, 1997’’ Mr. President, today I am introduc- was authorized for 1 fiscal year and is and inserting ‘‘September 30, 1998’’. ing legislation to restore the authority set to expire on September 30, 1997. The to provide this emergency education legislation I am introducing today By Mr. SARBANES (for himself, operations assistance for elementary would simply provide for an extension Mr. HUTCHINSON, and Mr. and secondary schools. I am very of the work opportunity tax credit for TORRICELLI): pleased that Senators DASCHLE, JOHN- 1 additional fiscal year, through Sep- S. 686. A bill to establish the Na- SON, DORGAN, WELLSTONE, and GRAMS tember 30, 1998. tional Military Museum Foundation, are joining me as cosponsors of this There are several reasons for the ex- and for other purposes; to the Commit- bill. tension. First, employers now have a tee on Armed Services. Under this legislation, FEMA would tax incentive to hire individuals from NATIONAL MILITARY MUSEUM FOUNDATION be authorized in section 403—essential targeted economically disadvantaged LEGISLATION assistance—to provide disaster assist- groups, providing these individuals Mr. SARBANES. Mr. President, ance including transportation, emer- with jobs and valuable work experi- today I am introducing on behalf of gency food services, and the costs for ence. In the wake of the historic wel- myself, Mr. HUTCHINSON, and Mr. providing educational services to stu- fare reform legislation which was TORRICELLI, legislation to create a Na- dents who formerly attended other signed into law last year, I believe this tional Military Museum Foundation. schools, including private schools, that incentive to put people to work is a The purpose of this legislation is to en- were damaged or destroyed by disaster. vital one, and it should be given the op- courage and facilitate private sector This emergency assistance would also portunity to work. support in the effort to preserve, inter- be available to schools funded by the Second, Congress authorized this pret, and display the important role Bureau of Indian Affairs provided the credit for 1 year to allow the Depart- the military has played in the history May 1, 1997 CONGRESSIONAL RECORD — SENATE S3907 of our Nation. This legislation is, in artifacts rather than textbooks, and our forces. Closely allied to that prior- my judgment, crucial at this particular many of our technological advances ity is the effort to improve the quality moment in history, when we are on the have come as a direct result of these of life for our citizens on active duty. verge of jeopardizing two centuries artifacts. The ship models and ordi- And, as aging equipment faces obsoles- worth of military artifacts and negat- nances at U.S. Naval Academy Museum cence, the Secretary has indicated that ing the possibility of such collections in Annapolis, MD, for example, have the future will bring an increased em- in the future. been used by the Academy’s Depart- phasis on replacing weapons systems. It has been the long-standing tradi- ments of Gunnery and Seamanship. It By all realistic assumptions, the tion of the U.S. Department of War and has also been reported that a study of amount of funds appropriated for muse- its successor, the Department of De- an existing missile system, preserved ums is likely to continue downward. fense, to preserve our historic military in an Army museum, saved the Strate- My bill recognizes the growing need artifacts. Since the days of the revolu- gic Defense Initiative $25 million in re- for a reliable source of funding aside tion to the conflict in Bosnia, Ameri- search and analysis costs. These muse- from Federal appropriations. A Na- cans have been proud of the role that ums serve as laboratories where engi- tional Military Museum Foundation our military has had in safeguarding neers can learn from the lessons of the would provide an accessible venue for our democracy, and we have tried to past without going through the same individuals, corporations, or other pri- ensure that future generations will trial and error process as their prede- vate sources to support the preserva- know that role. Over the years we have cessors. tion of our priceless military artifacts accumulated a priceless collection of Yet without adequate funding, these and records. A National Military Mu- military artifacts from every period of benefits will be lost forever. According seum Foundation could also play an American history and every techno- to a 1994 study conducted by the Advi- important role in surveying those arti- logical era. The collection includes sory Council on Historic Preservation facts that we know to exist. Currently, flags, uniforms, weapons, paintings, entitled, ‘‘Defense Department Compli- there is no museum oversight or co- and historic records as well as full-size ance with the National Historic Preser- ordination of museum activities on the tanks, ships, and aircraft which docu- vation Act,’’ the Department of De- DOD level. A wide-ranging Foundation ment history and provide provenance fense’s management of these resources survey would therefore not only elimi- for our Nation and armed services. has been mediocre, with the cause at- nate duplication, but would most like- In recent years, however, the dedi- tributed to inadequate staffing and ly discover gaps in our collections that cated individuals who identify, inter- funding. must filled before it is too late. pret, catalog, and showcase those arti- More than 80 percent of the museums Under the proposed legislation, the facts have found themselves short- studied said their survival relies heav- Secretary of Defense would appoint the changed and shorthanded. With finan- ily on outside funding. When asked Foundation’s Board of Directors and cial resources diminishing, not only about their greatest needs, the re- provide basic administrative support. are we cheating ourselves out of the sponse was nearly always staff and To launch the Foundation, the legisla- military treasures currently money. And those museums that re- tion authorizes an initial appropriation warehoused out of public sight, but we ported sufficient staffing from volun- of $1 million. It is anticipated that the are in danger of lacking the funds to teers nevertheless said that the dearth Foundation would be self sufficient update our collections with new items. of funds for restoration and construc- after the first year. This is a small ‘‘A morsel of genuine history,’’ wrote tion paralyzed them from fully utiliz- price to pay to save some of our most Thomas Jefferson to John Adams in ing the available labor. precious treasures. 1817, ‘‘is a thing so rare as to be always According to the study, money is so This legislation is modeled on legis- valuable.’’ Mr. President, today, sig- tight that brochures and pamphlets are lation that established similar founda- nificant pieces of our military history often unaffordable, leaving visitors tions, such as the National Park Foun- are being lost, shoved into basements, with no explanations about the objects dation and the National Fish and Wild- or subject to decay. With each year they have come to see. A young child life Foundation, both of which have also comes less funding, and our arti- might be duly impressed by the sight of succeeded in raising private-sector sup- facts are multiplying at a pace that ex- a stern-faced general, but the histori- port for conservation programs. My bill ceeds the capabilities of those who are cal lesson is greatly diminished if the is not intended to supplant existing trying to preserve them. Since 1990 child is not told the significance of the Federal funding or other foundation ef- alone, the services have closed 21 mili- event portrayed or why the general forts that may be underway, but rather tary museums and at least 8 more are looked so grim that day. to supplement those efforts. expected to close in the next few years. Perhaps most distressing, the study The premise for establishing a na- We cannot let this proceed any fur- reported ‘‘substantial collections of tional foundation is, in part, to elevate ther. Military museums are vital to rare or unique historical military vehi- the level of fundraising beyond the documenting our history, educating cles and equipment that are local level, supplementing those efforts our citizenry, and advancing our tech- unmaintained and largely unprotected by seeking donations from potentially nology. More than 81 museums in 31 due to lack of funds and available ex- large donors. I also want to emphasize States and the District of Columbia pertise.’’ In addition, the museums the inclusiveness of the Foundation, daily instill Americans from veterans were found to be struggling so much which will represent all the branches of to new recruits to elementary school with the care of items already in our armed services. students with a sense of the sacred re- house, that they were unable to accept Mr. President, statistics reveal that sponsibility that military servicemen new ones. With a new class of military foundations established without the bear to defend the values that have artifacts from the Vietnam and gulf mandate of a Federal statute and the made this country great. wars soon to be retired, one wonders backing of an established agency sel- Military museums teach our service- whether those artifacts will be pre- dom succeed. With ever-diminishing men the history of their units, enhanc- served. If we do not take action to save Federal funds, we cannot expect the ing their understanding both of the what we have and acquire what we Department to put our military muse- team of which they are a part and the don’t, future generations will see these ums ahead of national security. Truly, significance of the service they have pockets of negligence as blank pages in an outside source committed to sus- pledged to perform. And when a mu- the living history books that these mu- taining our museums is imperative. I seum makes history come alive to seums truly are. urge my colleagues to support this im- young children, those children learn Only a Foundation can address these portant legislation. for themselves what this country problems. The alternate solution—to stands for and the sacrifices that have press the services to devote more By Mr. JEFFORDS: been made to preserve the freedoms we money to these institutions—is im- S. 687. A bill to enhance the benefits often take for granted. plausible in this budgetary climate. of the national electric system by en- Many of our servicemen have learned The Secretary of Defense must place couraging and supporting State pro- their military history through these his highest priority on the readiness of grams for renewable energy sources, S3908 CONGRESSIONAL RECORD — SENATE May 1, 1997 universal electric service, affordable we reassess the future of the electric avoids many of the environmental im- electric service, and energy conserva- power industry. It directly addresses pacts associated with electric genera- tion and efficiency, and for other pur- the numerous public benefits we enjoy tion. The alternative is potentially poses; to the Committee on Energy and from our electric power structure, a devastating. In a recent national sur- Natural Resources. system that has a unique impact on vey, respondents were advised that THE ELECTRIC SYSTEM PUBLIC BENEFITS how we live. And it does this while cre- changes in how the utility industry op- PROTECTION ACT OF 1997 ating a setting within the electric in- erates could lead to further cutbacks in Mr. JEFFORDS. Mr. President, dustry which promotes competition. traditional efficiency programs. Seven America is currently considering an ex- Under the system in effect today, out of ten Americans, polled across the tremely important and contentious electric utilities have been granted Nation, stated that they support man- issue: Should we restructure the sys- franchises in order to serve the public datory investments in energy effi- tem by which we obtain our electric good. In return for a guaranteed return ciency, even if it means higher electric energy? And if so, how should we go on their investments, the utilities rates. They realize that what we invest about doing this? Hardly a day goes by have, to varying degrees of success, im- today may save us billions of dollars in which one cannot find a news article plemented many public purpose pro- during our lifetimes and those of our on this subject. Across our Nation, 44 grams from which we benefit. These children. States have taken on the issue of re- initiatives have addressed the need for The loss of public purpose programs structuring, either in legislative de- alternative fuels, assistance to needy will affect one group in particular. For bate or through the implementation of and remotely located consumers, en- middle class families, the energy crisis pilot programs. And even here in Con- ergy efficiency projects, and environ- of the 1970’s is only a memory; for low- gress, there are a number of proposals, mental safeguards. While the industry income customers, the energy crisis in both the House and Senate, which has made significant progress in the never ended. A recent study in my address the various factors affecting past few decades, recent years have State of Vermont showed that residen- the electric industry. seen a steady decline in investments tial customers in general spend 3.8 per- Advocates on all sides are debating relating to these initiatives. As the cent of their income on energy, while whether the Federal Government electric industry moves closer to com- low-income households spend 15 to 20 should direct States to move to a re- petition and deregulation, utilities are percent, and in some cases even more. structured system, both in terms of becoming less inclined to support pub- Unaffordable utility costs are a leading how they should do it and when. lic purpose programs without a guaran- cause of loss of housing for low-income There are a number of ideas being of- teed return. families. Yet another study found that fered as to whether utilities should be My legislation creates a national visits by individuals from low-income allowed to recover costs that were in- electric system public benefits fund to households to emergency rooms in- curred under a regulated system, and if enable and encourage State programs creased after periods of severe weather, so, in what manner and to what degree. for renewable energy technologies, en- when those families had to make the Who should bear the burden? The rate ergy efficiency, low-income assistance, choice to heat or eat. payer? The tax payer? The share hold- and universal access. It is supported by It is also clear that low-income fami- er? a broad-based, competitively neutral, lies face greater barriers than other Arguments have been made for and systems benefits charge levied as a groups of customers to implementing against Federal protection of public wires charge on all interconnected gen- the energy conservation measures I power, both in terms of market power eration for sale on the electricity mar- spoke of earlier, measures that would and fiscal subsidies. Must companies ket. Revenues from the fund will be reduce their energy costs. Low-income divest according to function? Does a used to match funds raised by the families are more likely to live in rent- municipality’s tax exempt bond au- States for the same public purposes al property, in which they have neither thority give it an advantage over the and support the continuation and ex- the right to make major modifications tax deferrals of the utility, or the less- pansion of the benefits we enjoy today. themselves nor the ability to persuade than-cost loans to the cooperative? A study of history divulges two im- their landlords to make energy con- Mr. President, we continue to hear a portant facts about energy efficiency. servation investments in their housing. great deal about how the effort to re- The first is that the potential for cost- While there are low-income home- structure the electric power industry effective savings from accelerated in- owners, their incomes are generally in- may affect the Nation’s economy. What vestments in energy efficiency is very sufficient to fund improvements in en- is not being discussed, and what I be- large. Yet trends over the last few ergy efficiency. My bill will provide a lieve is equally important, is how these years raise serious questions about mechanism to help circumvent many changes will affect our society as a utilities’ commitments to energy effi- of these barriers. whole. How will it impact on the Na- ciency programs. Based on the uncer- In considering the impact of restruc- tion’s poor? How will it affect our chil- tainty surrounding the change within turing on the Nation’s poor, we must dren’s health? How will restructuring the industry, many utilities have ad- also keep in mind that low-income cus- affect our environment? mitted that they have already cut pro- tomers are unlikely to be an extremely Well, it doesn’t have to be an either/ grams and are planning on reducing or attractive and highly sought after seg- or choice. In fact, it can’t be. As we eliminating more. While this uncer- ment of the electricity market. They move towards a restructured industry, tainty makes long-term predictions in are more likely than other customers we must consider the issues not only in this area difficult, the Energy Informa- to have difficulty paying their bills. terms of what they mean to our econ- tion Administration has projected a 13- They are more likely to require pay- omy, but also in terms of what they percent reduction in direct utility ex- ment arrangements and other labor in- mean to our society. We must secure penditures on energy efficiency pro- tensive involvement from the utility and enhance the public benefits that grams during the period 1995 until 1999. company. And they are less likely to until now have been provided by the My bill affords States the opportunity use large quantities of electricity electric industry’s unique structure to make necessary investments in effi- which might qualify them for volume and regulatory traditions. This can ciency technologies. discounts. We must accept the fact only be achieved by including certain The second important fact we have that access to electric power is a neces- safeguards in any new regulatory learned is that there exist significant sity in our society. My legislation will structure from the outset, before dra- structural and informational market help guarantee that everyone has equal matic changes unravel the gains this barriers to the deployment of invest- access to the benefits of the electric in- industry has made. ments in energy efficiency in the ab- dustry. It will target, through the en- I rise today to introduce the Electric sence of targeted programs. My bill couragement and development of co- System Public Benefits Protection Act will help negotiate these barriers with- operatives and other market mecha- of 1997. This bill acknowledges the re- in the industry. nisms, the millions of Americans who sponsibility we have to our Nation, to One of the benefits of energy effi- are from low-income families, remote its people and to the environment as ciency is that reduced consumption rural areas and other groups who lack May 1, 1997 CONGRESSIONAL RECORD — SENATE S3909 market power. In short, Mr. President, bill would cause a dramatic change by Finally, we need to give people the it ensures that essential services re- the year 2005, decreasing the amount of information they need to make intel- main affordable and the benefits of this deadly gas from electric power- ligent choices regarding their elec- competition are available to all utility plants by roughly 60 percent. tricity. My bill directs the Secretary of customers. This next chart reveals the problem Energy to establish a system whereby We have learned the hard way that this Nation will face in the future as electric service providers must disclose the Nation’s economic well-being can increasing amounts of carbon dioxide to the consumer adequate information be put at risk by rapid spikes in world are released into the air from the elec- on generation source, emissions and energy prices. Future dislocations tric industry. Powerplants currently price. Only when the consumer has the could result from fossil fuel supply generate close to 40 percent of the na- ability to compare can we say we have interruptions or problems associated tionwide emissions of this pollutant, a a truly competitive market. with nuclear powerplants. History gas chiefly responsible for global In closing, I want to emphasize that teaches us that a policy of prudent en- warming and the creation of a green- any restructuring of the Nation’s elec- ergy diversification is a form of na- house effect. The resulting climate tric power industry must address the tional economic security that is well change has the potential to inflict dev- economic and the social aspects of the worth purchasing. astating damage on our environment issue. It is not an either/or choice. We Additionally, renewable energy for many years, well into the future. must do both. sources are good for our environment. Unlike other pollutants, carbon dioxide Mr. President, I ask unanimous con- sent that the text of the bill be printed Every megawatt of electricity gen- remains in the atmosphere for decades. erated by a wind turbine displaces an- in the RECORD. If we are to protect our children’s fu- There being no objection, the bill was other from a fossil fuel source and ture, we must act now. As you can see, ordered to be printed in the RECORD, as lessens the environmental impact of my bill, designed to bring the industry follows: the industry. back to the 1990 standard, requires a S. 687 Yet, the future of renewable energy significant 13 percent reduction by the is in doubt. I would like to direct your Be it enacted by the Senate and House of Rep- year 2005 and will double that by the resentatives of the United States of America in attention to this chart. Scientists tell year 2015. Congress assembled, us that, despite the obvious advantages This legislation would bring about a SECTION 1. SHORT TITLE. I have cited, the amount of electricity major reduction in nitrogen oxide This Act may be cited as the ‘‘Electric from renewable sources is projected to emissions. The electric power industry System Public Benefits Protection Act of remain stable at about 2 percent well is the single largest source of this pol- 1997’’. into the future. My legislation estab- lutant. Nitrogen oxide emissions are SEC. 2. FINDINGS. lishes a renewable portfolio standard particularly offensive to me as a Ver- Congress finds that— for all electric generation companies. (1) the generation of electricity is unique monter because of the extreme ozone in its combined influence on the Nation’s se- It begins with 2.5 percent in the year problem they present. There are days curity, environmental quality, and economic 2000 and slowly grows to 20 percent in now when, standing atop Mount Mans- efficiency; the year 2020. These are not arbitrary field, I can not make out the water (2) the generation and sale of electricity numbers. They are based on informa- tower on Mount Elmore, not even 20 has a direct and profound impact on inter- tion provided by the electric industry miles away. This is disgraceful, and it state commerce; and account for realistic constraints on is a problem faced in many areas across (3) the Federal Government and the States how fast these sources can develop. this Nation. have a joint responsibility for the mainte- nance of public purpose programs affected by This bill enables States to play an Nitrogen oxides are now blamed for the national electric system; active role in the development and significant health problems as well. (4) notwithstanding the public’s interest in fielding of alternative fuels tech- Scientists recently discovered that this and enthusiasm for programs that enhance nology. It recognizes the importance of pollutant may be responsible for in- the environment, encourage the efficient use fuel diversity, and it guarantees that creasing levels of cancer cases and of resources, and provide for affordable and renewable energy sources will play a breathing disorders. As depicted on universal service, the investments in those significant role in this diversification this chart, my legislation will mandate public purposes by existing means continues and in providing consumer choice in a 70 percent reduction in nitrogen to decline; (5) the Nation’s dependence on foreign the restructured industry. oxide emissions from power plants by sources of fossil fuels is contrary to our na- Mr. President, I am particularly con- the year 2005. tional security; alternative, sustainable en- cerned about what may be the single Cognizance of these environmental ergy sources must be pursued as the Nation greatest market failure of the electric problems cuts across party lines. A re- moves into the 21st century; power industry: the protection of our cent poll in the State of Texas shows (6) emissions from electric power generat- environment. The electric industry ac- that 7 out of 10 residents who define ing facilities are today the largest industrial counts for about 3 percent of the Na- themselves as very conservative favor source responsible for persistent public tion’s gross domestic product, yet it significantly stronger environmental health and environmental problems; and standards. In fact, in the nationwide (7) consumers have a right to certain infor- accounts for up to two-thirds of some mation in order to make objective choices on of the country’s deadliest pollutants. survey I spoke of earlier, 80 percent of their electric service providers. We have worked hard to reduce this the respondents agreed that we need to SEC. 3. DEFINITIONS. problem, and there is no doubt that act on the problem. In this Act: some success has been achieved. But it Mr. President, we need to fix the (1) ADMINISTRATOR.— The term ‘‘Adminis- is not enough. problems attributable to electric power trator’’ means the Administrator of the En- Electric powerplants emit 65 percent production. But as we move to a re- vironmental Protection Agency. of the Nation’s annual total of sulfur structured industry, we need to fix it (2) BOARD.—The term ‘‘Board’’ means the dioxide, an invisible gas that adversely in a fair, competitively neutral man- National Electric System Public Benefits Board established under section 4. affects our health and environment. ner. This bill does just that. Setting a (3) COMMISSION.—The term ‘‘Commission’’ Asthmatics are particularly vulnerable single, nationwide emissions standard means the Federal Energy Regulatory Com- to this pollutant. The leading cause of for all generators which use combus- mission. chronic illness in children, cases of this tion devices to produce electricity, it (4) FUND.—The term ‘‘Fund’’ means the Na- disease are climbing at a sharp rate says stop to some of the Nation’s dirti- tional Electric System Public Benefits Fund and are exacerbated by our deteriorat- est powerplants. It means we as Ameri- established by section 5. ing environment. cans will no longer tolerate the idea of (5) RENEWABLE ENERGY.—The term ‘‘renew- Sulfur dioxide also is the principal giving a free ride to those that can’t able energy’’ means electricity generated cause of acid rain. This chart illus- meet the standard. It levels the playing from wind, organic waste (excluding inciner- ated municipal solid waste), or biomass or a trates the fact that while the annual field so that all generators can com- geothermal, solar thermal, or photovoltaic emissions of sulfur dioxide are ex- pete in the market on an equal footing source. pected to come down slightly in future and with the same environmental re- (6) SECRETARY.—The term ‘‘Secretary’’ years, this decline is not sufficient. My sponsibilities as their competitors. means the Secretary of Energy. S3910 CONGRESSIONAL RECORD — SENATE May 1, 1997 SEC. 4. NATIONAL ELECTRIC SYSTEM PUBLIC instruct the manager of the Fund to distrib- ury, who shall submit the report to the BENEFITS BOARD. ute all amounts in the Fund to States to President and Congress not later than 180 (a) ESTABLISHMENT.—The Secretary shall fund public purpose programs under para- days after the close of the fiscal year. establish a National Electric System Public graph (1). (B) REQUIREMENTS.—An audit report Benefits Board to carry out the functions (B) FUND SHARE.— shall— and responsibilities described in this section. (i) IN GENERAL.—Subject to clause (iii), the (i) set forth the scope of the audit; and (b) MEMBERSHIP.—The Board shall be com- Fund share of a public purpose program (ii) include— posed of— funded under paragraph (1) shall be 50 per- (I) a statement of assets and liabilities, (1) 1 representative of the Commission ap- cent. capital; and surplus or deficit; pointed by the Commission; (ii) PROPORTIONATE REDUCTION.—To the ex- (II) a statement of surplus or deficit analy- (2) 2 representatives of the Secretary ap- tent that the amount of matching funds re- sis; pointed by the Secretary; quested by States exceeds the maximum pro- (III) a statement of income and expenses; (3) 2 persons nominated by the national or- jected revenues of the Fund, the matching (IV) any other information that may be ganization representing State regulatory funds distributed to the States shall be re- considered necessary to keep the President commissioners and appointed by the Sec- duced by an amount that is proportionate to and Congress informed of the operations and retary; each State’s annual consumption of elec- financial condition of the Fund; and (4) 1 person nominated by the national or- tricity compared to the Nation’s aggregate (V) any recommendations with respect to ganization representing State utility annual consumption of electricity. the Fund that the Secretary or the Commis- consumer advocates and appointed by the (iii) ADDITIONAL STATE FUNDING.—A State sion may have. Secretary; may apply funds to public purpose programs SEC. 6. RENEWABLE ENERGY PORTFOLIO STAND- (5) 1 person nominated by the national or- in addition to the amount of funds applied ARDS. ganization representing State energy offices for the purpose of matching the Fund share. (a) DEFINITION OF GENERATION FACILITY.— and appointed by the Secretary; (3) PROGRAM CRITERIA.—The Board shall In this section, the term ‘‘covered generation (6) 1 person nominated by the national or- recommend eligibility criteria for public facility’’ means a nonhydroelectric facility ganization representing energy assistance di- benefits programs funded under this section that generates electric energy for sale. rectors and appointed by the Secretary; and for approval by the Secretary. (b) REQUIRED RENEWABLE ENERGY.—Of the (7) 1 representative of the Environmental (4) APPLICATION.—Not later than August 1 total amount of electricity sold by covered Protection Agency appointed by the Admin- of each year beginning in 1999, a State seek- generation facilities during a calendar year, istrator. ing matching funds for the following year the amount generated by renewable energy (c) CHAIRPERSON.—The Secretary shall se- shall file with the Board, in such form as the sources shall be not less than— lect a member of the Board to serve as Chair- Board may require, an application— (1) 2.5 percent in 2000; person of the Board. (A) certifying that the funds will be used (2) 3.0 percent in 2001; (d) MANAGER.— for an eligible public purpose program; and (3) 3.5 percent in 2002; (1) APPOINTMENT.—The Board shall by con- (B) stating the amount of State funds ear- (4) 4.0 percent in 2003; tract appoint an electric systems public ben- marked for the program. (5) 4.5 percent in 2004; efits manager for a term of not more than 3 (c) WIRES CHARGE.— (6) 5.0 percent in 2005; years, which term may be renewed by the (1) DETERMINATION OF NEEDED FUNDING.— (7) 6.0 percent in 2006; Board. Not later than August 1 of each year, the (8) 7.0 percent in 2007; (2) COMPENSATION.—The compensation and Board shall determine and inform the Com- (9) 8.0 percent in 2008; other terms and conditions of employment of mission of the aggregate amount of wires (10) 9.0 percent in 2009; the manager shall be determined by a con- charges that it will be necessary to have paid (11) 10.0 percent in 2010; tract between the Board and the individual into the Fund to pay matching funds to (12) 11.0 percent in 2011; or the other entity appointed as manager. States and pay the operating costs of the (13) 12.0 percent in 2012; (3) FUNCTIONS.—The manager shall— Board in the following year. (14) 13.0 percent in 2013; (A) monitor the amounts in the Fund; (2) IMPOSITION OF WIRES CHARGE.— (15) 14.0 percent in 2014; (B) receive, review, and make rec- (A) IN GENERAL.—Not later than December (16) 15.0 percent in 2015; ommendations to the Board regarding appli- 15 of each year, the Commission shall impose (17) 16.0 percent in 2016; cations from States under section 5(b); and a nonbypassable, competitively neutral (18) 17.0 percent in 2017; (C) perform such other functions as the wires charge to be paid directly into the (19) 18.0 percent in 2018; Board may require to assist the Board in car- Fund by the operator of the wire on elec- (20) 19.0 percent in 2019; and rying out its duties under this Act. tricity carried through the wire, this elec- (21) 20.0 percent in 2020 and each year SEC. 5. NATIONAL ELECTRIC SYSTEM PUBLIC tricity to be measured as it exits the busbar thereafter. BENEFITS FUND. at a generation facility, and which impacts (c) RENEWABLE ENERGY CREDITS.— (a) ESTABLISHMENT.— on interstate commerce. (1) IDENTIFICATION OF ENERGY SOURCES.— (1) IN GENERAL.—The Board shall establish (B) AMOUNT.—The wires charge shall be set The Commission shall establish standards an account or accounts at 1 or more finan- at a rate equal to the lesser of— and procedures under which a covered gen- cial institutions, which account or accounts (i) 2 mills per kilowatt-hour; or eration facility shall certify to a purchaser shall be known as the ‘‘National Electric (ii) a rate that is estimated to result in the of electricity— System Public Benefits Fund’’, consisting of collection of an amount of wires charges (A) the amount of the electricity that is amounts deposited in the fund under sub- that is as nearly as possible equal to the generated by a renewable energy source; and section (c). amount of needed funding determined under (B) the amount of the electricity that is (2) STATUS OF FUND.—The wires charges paragraph (1). generated by a source other than a renew- collected under subsection (c) and deposited (3) DEPOSIT IN THE FUND.—The wires charge able energy source. in the Fund— shall be paid by the operator of the wire di- (2) ISSUANCE OF RENEWABLE ENERGY CRED- (A) shall constitute electric system reve- rectly into the Fund at the end of each ITS.—Not later than April 1 of each year, be- nues and shall not constitute funds of the month during the calendar year for distribu- ginning in the year 2001, the Commission United States; tion by the electric systems public benefits shall issue to a covered generation facility 1 (B) shall be held in trust by the manager of manager under section 4. renewable energy credit for each megawatt- the Fund solely for the purposes stated in (4) PENALTIES.—The Commission may as- hour of electricity sold by the covered gen- subsection (b); and sess against a wire operator that fails to pay eration facility in the preceding calendar (C) shall not be available to meet any obli- a wires charge as required by this subsection year that was generated by a renewable gations of the United States. a civil penalty in an amount equal to not source. (b) USE OF FUND.— more than the amount of the unpaid wires (3) SUBMISSION OF RENEWABLE ENERGY CRED- (1) FUNDING OF PUBLIC PURPOSE PRO- charge. ITS.—Not later than July 1 of each year, a GRAMS.—Amounts in the Fund shall be used (d) AUDITING.— covered generation facility shall submit by the Board to provide matching funds to (1) IN GENERAL.—The Fund shall be audited credits to the Commission in an amount States for the support of State public pur- annually by a firm of independent certified equal to the total number of megawatt-hours pose programs relating to— public accountants in accordance with gen- of electricity sold by the covered generation (A) renewable energy sources; erally accepted auditing standards. facility in the preceding year multiplied by (B) universal electric service; (2) ACCESS TO RECORDS.—Representatives of the applicable renewable energy source re- (C) affordable electric service; the Secretary and the Commission shall have quirement under subsection (a). (D) energy conservation and efficiency; or access to all books, accounts, reports, files, (4) USE OF RENEWABLE ENERGY CREDITS.— (E) research and development in areas de- and other records pertaining to the Fund as (A) TIME FOR USE.—A renewable energy scribed in subparagraphs (A) through (D). necessary to facilitate and verify the audit. credit shall be used for the calendar year for (2) DISTRIBUTION.— (3) REPORTS.— the renewable energy credit is issued. (A) IN GENERAL.—Except for amounts need- (A) IN GENERAL.—A report on each audit (B) PERMITTED USES.—Until July 1 of the ed to pay costs of the Board in carrying out shall be submitted to the Secretary, the year in which a renewable energy credit was its duties under this section, the Board shall Commission, and the Secretary of the Treas- issued, a covered generation facility may— May 1, 1997 CONGRESSIONAL RECORD — SENATE S3911

(i) use the renewable energy credit to make (2) LIMIT.—The nationwide emissions sions allocation as established under sub- a submission to the Commission under para- standard for calendar year 2005 and each year section (d) applicable to the covered genera- graph (3); or thereafter established under paragraph (1) tion facility for the year. (ii) on notice to the Commission, sell or shall be not greater than— (2) ISSUANCE OF EMISSIONS CREDITS.—Not otherwise transfer a renewable energy credit (A) for nitrogen oxide, 1,660,000 tons; later than April 1 of each year, the Adminis- to another covered generation facility. (B) for sulfur dioxide, 3,580,000 tons; and trator shall issue to a covered generation fa- (d) RECORDKEEPING.—The Commission shall (C) for carbon dioxide, 1,914,000,000 tons. cility 1 emissions credit for each ton by maintain records of all renewable energy (3) ADJUSTMENT.—The Administrator may which the amount of a pollutant emitted by credits issued and all credits sold or ex- adjust the schedule established under para- the covered generation facility during the changed. graph (1), within the limits established by preceding year was less than the individual (e) PENALTIES.—The Commission may paragraph (2), if the Administrator deter- emissions allocation as established under bring an action in United States district mines that an adjustment would be in the subsection (d) applicable to the covered gen- court to impose a civil penalty on any person best interests of the public health and wel- eration facility. that fails to comply with subsection (a). A fare. (3) SUBMISSION OF EMISSIONS CREDITS.— person that fails to comply with a require- (c) GENERATION PERFORMANCE STANDARD.— (A) IN GENERAL.—Not later than July 1 of ment to submit renewable energy credits (1) ANNUAL DETERMINATION.— each year, a covered generation facility that under subsection (b)(3) shall be subject to a (A) IN GENERAL.—Not later than October 1 emitted a greater amount of a pollutant civil penalty of not more than 3 times the es- of each year, the Administrator, in consulta- than the individual emissions allocation ap- timated national average market value (as tion with the Commission, shall determine determined by the Commission) for the cal- plicable to the covered generation facility the generation performance standard for ni- endar year concerned of that quantity of re- during the preceding year shall submit to trogen oxide, sulfur dioxide, and carbon diox- newable energy credits. the Administrator 1 emissions credit for ide emissions per megawatt-hour of electric (f) PUBLIC UTILITY REGULATORY POLICIES each ton by which the amount of the pollut- ACT OF 1978.— production by covered generation facilities ant emitted was greater than the individual (1) REPEAL OF COGENERATION AND SMALL for the next calendar year. emissions allocation as established under POWER PRODUCTION PROVISION.—Effective (B) METHOD.—The Administrator shall de- subsection (d). January 1, 2000, the Public Utility Regu- termine by regulation the method to be used (B) PENALTY.—A covered generation facil- latory Policies Act of 1978 is amended by in determining an estimate under subpara- ity that is required to submit an emissions striking section 210 (16 U.S.C. 824a–3). graph (A). credit under subparagraph (A) that fails to (2) EXISTING CONTRACTS.—The amendment (2) FORMULA.—The generation performance submit the emissions credit shall pay to the made by paragraph (1) shall not affect the standard shall be determined by dividing the Administrator a civil penalty in an amount continued validity and enforceability of con- annual nationwide emissions standard as es- equal to— tracts entered into under section 210 of the tablished under subsection (b) by the Admin- (i) $15,000 for each ton of nitrogen oxide Public Utility Regulatory Policies Act of istrator’s estimate of the nationwide mega- emissions in excess of the individual emis- 1978 before the date of enactment of this Act. watt-hour production for the next calendar sions allocation applicable to the facility (3) CONTINUED JURISDICTION.—Notwith- year by all covered generation facilities. under subsection (d) for which a nitrogen standing the amendment made by paragraph (d) INDIVIDUAL EMISSIONS ALLOCATION.— oxide emissions credit has not been submit- (1), the Commission shall retain jurisdiction The amount of each pollutant that a covered ted under subparagraph (A); to— generation facility shall be permitted to (ii) $2,500 for each ton of sulfur dioxide (A) ensure the continued status of qualify- emit during a calendar year shall be equal emissions in excess of the individual emis- ing small power production facilities under to— sions allocation applicable to the facility section 210 of the Public Utility Regulatory (1) the facility’s annual generation of under subsection (d) for which a sulfur diox- Policies Act of 1978 (16 U.S.C. 824a–3); and megawatt-hours of electricity multiplied by ide emissions credit has not been submitted (B) continue exemptions granted under the generation performance standard as es- under subparagraph (A); or subsection (e) of that section before the date tablished in subsection (c); plus (iii) $100 for each ton of carbon dioxide of enactment of this Act. (2) the facility’s annual generation of ther- emissions in excess of the individual emis- (g) POWERS.—The Commission may pro- mal energy used to meet heating and cooling sions allocation applicable to the facility mulgate such regulations, conduct such in- loads resulting from the cogeneration proc- under subsection (d) for which a carbon diox- vestigations, and take such other actions as ess, which shall be expressed by the Adminis- ide emissions credit has not been submitted are necessary or appropriate to implement trator in units of measurement that provide under subparagraph (A). and obtain compliance with this section and a reasonable comparison between energy (C) PENALTY ADJUSTMENT.—The Adminis- regulations promulgated under this section. generated in the form of electricity and en- trator shall annually adjust the penalty SEC. 7. EMISSIONS STANDARDS AND ALLOCA- ergy generated in the form of thermal energy specified in subparagraph (B) for inflation TIONS. and then multiplied by the generation per- based on the Consumer Price Index. (a) DEFINITIONS.—In this section: formance standard as established under sub- (4) USE OF EMISSIONS CREDITS.—A covered (1) COVERED GENERATION FACILITY.—The section (c). generation facility may— term ‘‘covered generation facility’’ means an (e) OZONE SEASON.—In determining the in- (A) retain an emissions credit from year to electric generation facility (other than a nu- dividual emissions allocation for a covered year for future submission to the Adminis- generation facility under subsection (d), the clear facility) with a nameplate capacity of trator under paragraph (3); or amount of nitrogen oxide emitted by covered 15 megawatts or greater that uses a combus- (B) on notice to the Administrator, sell or generation facility and the number of mega- tion device to generate electricity for sale. otherwise transfer an emissions credit to an- watt-hours of electricity generated by the (2) COGENERATION.—The term ‘‘cogenera- other person. tion’’ means a process of simultaneously covered generation facility during the period (h) POWERS.—The Administrator may pro- generating electricity and thermal energy in May 1 through September 30 of each year mulgate such regulations, conduct such in- which a portion of the energy value of fuel shall each be multiplied by 3. vestigations, and take such other actions as consumed is recovered as heat that is used to (f) MONITORING.— are necessary to appropriate to implement meet heating or cooling loads outside the (1) ESTABLISHMENT OF SYSTEM.—The Ad- and obtain compliance with this section and generation facility. ministrator shall establish a system for the regulations promulgated under this section. (3) POLLUTANT.—The term ‘‘pollutant’’ accurate monitoring of the amount of each means— pollutant that a covered generation facility SEC. 8. DISCLOSURE REQUIREMENTS. (A) nitrogen oxide; emits during a year. (a) DEFINITIONS.—In this section: (B) sulfur dioxide; (2) REQUIREMENTS.—The monitoring sys- (1) EMISSIONS DATA.—The term ‘‘emissions (C) carbon dioxide; tem under paragraph (1) shall require— data’’ means the type and amount of each (D) mercury; or (A) installation on each combustion device pollutant (as defined in section 7(a)) emitted (E) any other substance that the Adminis- of a continuous monitoring system for each by a generation facility in generating elec- trator may identify by regulation as a sub- pollutant; or tricity. stance the emission of which into the air (B) use of an alternative mechanism that (2) GENERATION DATA.—The term ‘‘genera- from a combustion device used in the genera- the Administrator determines will provide tion data’’ means the type of fuel (such as tion of electricity endangers public health or data with precision, reliability, accessibility, coal, oil, nuclear energy, or solar power) welfare. and timeliness that are equal to or greater used by a generation facility to generate (b) NATIONWIDE EMISSIONS STANDARDS.— than those that would be achieved by a con- electricity. (1) SCHEDULE.—Not later than July 1, 1999, tinuous emissions monitoring system. (b) DISCLOSURE SYSTEM.—The Secretary the Administrator shall promulgate a final (g) EMISSIONS CREDITS.— shall establish a system of disclosure that— regulation that establishes a schedule of lim- (1) COMPARISON OF ACTUAL COMBUSTION DE- (1) enables retail consumers to knowledge- its on the amount of each pollutant that all VICE OUTPUTS WITH INDIVIDUAL EMISSION ALLO- ably compare retail electric service offer- covered generation facilities in the aggre- CATIONS.—At the end of each year, the Ad- ings, including comparisons based on genera- gate nationwide shall be permitted to emit ministrator shall compare the amount of a tion source portfolios, emissions data, and in each calendar year beginning in calendar pollutant emitted by a generation facility price terms; and year 2000. during the year with the individual emis- (2) considers such factors as— S3912 CONGRESSIONAL RECORD — SENATE May 1, 1997 (A) cost of implementation; The scholarship could be used during cer based on the number of annual (B) confidentiality of information; and their freshman year at the college of deaths. While breast cancer primarily (C) flexibility. their choice, and the scholarship would afflicts women and prostate cancer is a (c) REGULATION.—Not later than March 1, 1999, the Secretary, in consultation with the not be used in determining eligibility disease of men, colorectal cancer Board, and with the assistance of a Federal for other financial aid. strikes both men and women of all interagency task force that includes rep- I strongly support merit scholarships races, resulting in the high number of resentatives of the Commission, the Federal for two reasons. First, we need to start patients and the corresponding high Trade Commission, the Food and Drug Ad- rewarding excellence in educational number of deaths. ministration, and the Environmental Protec- achievement. Under the leadership of This year alone, 140,000 Americans tion Agency, shall promulgate a regulation President Clinton, 4 years ago Congress will be diagnosed with colon cancer and prescribing— passed legislation that encourages 54,000 Americans will die from the dis- (1) the form, content, and frequency of dis- States to set high academic standards ease. In my own State of Louisiana, closure of emissions data and generation data of electricity by generation facilities to for their students. This proposal builds 2,200 new cases of colon cancer will be electricity wholesalers or retail companies on that idea by rewarding those stu- diagnosed this year and it will take the and by wholesalers to retail companies; dents who meet those high standards. lives of 920 people. Yet, as is the case (2) the form, content, and frequency of dis- Students who work hard and succeed with most cancers, colon cancer is pre- closure of emissions data, generation data, ought to be recognized and rewarded. ventable and curable if detected early. and the price of electricity by retail compa- Second, by providing scholarship The tragedy of colorectal cancer is nies to ultimate consumers; and moneys, this bill will help thousands of that physicians have proven means to (3) the form, content, and frequency of dis- students in paying for the costs of a detect colorectal cancer early but closure of emissions data, generation data, these tests must be made available to and the price of electricity by generation fa- college education, which, I might add, cilities selling directly to ultimate consum- is becoming more and more difficult people on a widespread basis. Death ers. for middle-class families. I realize that from this terrible disease can be re- (d) ACCESS TO RECORDS.—The Secretary $1,000 does not go a long way in paying duced significantly by early detection. shall have full access to the records of all for a public college education, not to We know polyps, the initial presen- generation facilities, electricity wholesalers, mention the costs of a private college. tation of early cancers, if detected and retail companies to obtain any informa- But, it will be of some help, and for early can be treated without major sur- tion necessary to administer and enforce this those who choose to go to a community gery while expensive, major surgery in section. (e) FAILURE TO DISCLOSE.—The failure of a college, it will pay for about two-thirds a hospital is the only successful treat- retail company to accurately disclose infor- of the cost. ment for more advanced cancers. mation as required by this section shall be Mr. President, I suspect that we will While many private health plans are treated as a deceptive act in commerce be debating higher education more starting to provide coverage for under section 5 of the Federal Trade Com- than once this year. There is much to colorectal cancer screening, Medicare— mission Act (15 U.S.C. 45). be done. We need to provide a tax de- which covers older Americans who are (f) REGULATIONS.—The Secretary may pro- duction for the costs of college. We most at risk—does not. The Colorectal mulgate such regulations, conduct such in- Cancer Screening Act of 1997 would vestigations, and take such other actions as should allow penalty-free withdrawals are necessary or appropriate to implement from Individual Retirement Accounts make colorectal cancer screening and obtain compliance with this section and to pay for college. We should make per- available to Medicare beneficiaries to regulations promulgated under this section. manent the employer-provided edu- improve the chance for early detection cation tax exclusion. We need to ex- and diagnosis. By Mr. BIDEN (by request): pand the Pell Grant Program. And, we The type and frequency of screening I S. 688. A bill to amend the Higher need to reauthorize the Higher Edu- suggest in my bill are compatible with Education Act of 1965 to authorize cation Act. the recommendations of several large Presidential Honors Scholarships to be In that process, however, let us not physician groups as well as the Amer- awarded to all students who graduate forget merit scholarships. It is not the ican Cancer Society. It covers all the in the top 5 percent of their secondary answer, but it is part of the answer. It procedures that are currently used school graduating class, to promote is a piece of the puzzle. And while some today but the type of screening process and recognize high academic achieve- would say that it is a small piece, it will depend on the patient’s risk fac- ment in secondary school, and for plays an important role in being the tors for colon cancer. Patients at high- other purposes; to the Committee on one piece that rewards those students er risk, for example someone whose Labor and Human Resources. who reach for excellence. parent had colon cancer, receive more THE PRESIDENTIAL HONORS SCHOLARSHIP ACT I look forward to working with my aggressive screening than someone OF 1997 colleagues and with President Clinton with a normal risk for colon cancer. ∑ Mr. BIDEN. Mr. President, I am in seeing that this proposal becomes Mr. President, this legislation is not pleased today to reintroduce President law.∑ procedure specific. Although several Clinton’s proposal, the Presidential screening tests for colorectal cancer Honors Scholarship Act of 1997. I first By Mr. BREAUX (for himself, Mr. are currently available, the best meth- introduced this bill on behalf of the ad- COCHRAN, Mr. CONRAD, Mr. DOR- od for early detection has not been de- ministration last September—and I GAN, Ms. MOSELEY-BRAUN, Mr. termined. Some tests are very simple have included a very similar proposal REID, Mr. ROCKEFELLER, Mr. and can be performed by any doctor. in my own comprehensive higher edu- DASCHLE, and Mr. ROBB): Others, such as barium enema and cation legislation, known as the Get S. 690. A bill to amend title XVIII of colonoscopy, are technically more dif- Ahead Act. I am honored to have the the Social Security Act to improve ficult and require special equipment opportunity to reintroduce this meas- preventive benefits under the Medicare and facilities. Some tests only evaluate ure for the President, who continues Program; to the Committee on Fi- part of the colon. his endless efforts at improving Amer- nance. My bill basically recognizes that we ican education and making sure that THE COLORECTAL CANCER SCREENING ACT OF need to start screening people right college is affordable to all Americans. 1997 away. The Congress should not prevent Most people are probably not famil- Mr. BREAUX. Mr. President, I rise seniors from getting screened because iar with Presidential Honors Scholar- today to introduce the Colorectal Can- there is disagreement over which pro- ships, but I think many people have cer Screening Act of 1997 with my col- cedures are best. That is a decision heard of the idea of merit scholarships. leagues Senators COCHRAN, CONRAD, best made by doctors, not the Con- It is pretty simple. Under the bill, all DORGAN, MOSELEY-BRAUN, REID, and gress. This bill would mandate that students in public and private schools ROCKEFELLER. seniors on Medicare have access to all who graduate in the top 5 percent of Let me share some tragic facts about the screening methods currently used their class would be designated as Pres- colorectal cancer. According to the by doctors. In 2 years, the Secretary of idential honors scholars and would re- American Cancer Society, colorectal Health and Human Services will report ceive a $1,000 scholarship to college. cancer is the second most deadly can- back to Congress on which tests are May 1, 1997 CONGRESSIONAL RECORD — SENATE S3913 the best and most cost-effective means (2) REVIEW OF COVERAGE OF COLORECTAL high risk for colorectal cancer if the proce- of detecting colon cancer. If it is deter- CANCER SCREENING TESTS.— dure is performed within the 23 months after mined that a procedure is being used (A) IN GENERAL.—Not later than 2 years a previous screening colonoscopy or screen- that is not effective, Medicare will no after the date of enactment of this Act (and ing barium enema. periodically thereafter), the Secretary of ‘‘(4) PAYMENT AMOUNTS FOR CERTAIN longer cover it. HHS will also study the Health and Human Services (in this para- COLORECTAL CANCER SCREENING TESTS.—The needs of African-Americans who are at graph referred to as the ‘‘Secretary’’) shall Secretary shall establish payment amounts high risk for colon cancer and have a review— under section 1848 with respect each higher mortality rate. It makes much (i) the standards of medical practice with colorectal cancer screening tests described more sense for the experts in colon regard to colorectal cancer screening tests in subparagraphs (B), (C), and (D) of section cancer, not the Congress, to determine (as defined in section 1861(oo) of the Social 1861(oo)(1) that are consistent with payment the best, most cost-effective screening Security Act (42 U.S.C. 1395x(oo))) (as added amounts under such section for similar or re- techniques all the while making this by paragraph (1) of this section); lated services, except that such payment (ii) the availability, effectiveness, costs, amount shall be established without regard important service available imme- and cost-effectiveness of colorectal cancer to section 1848(a)(2)(A). diately to Medicare beneficiaries. screening tests covered under the medicare ‘‘(5) REDUCTIONS IN PAYMENT LIMIT AND RE- This kind of preventive tool is criti- program under title XVIII of the Social Se- VISION OF FREQUENCY.— cal in our battle against colon cancer. curity Act (42 U.S.C. 1395 et seq.) at the time ‘‘(A) REDUCTIONS IN PAYMENT LIMIT FOR It will improve the quality of life for of such review; SCREENING FECAL-OCCULT BLOOD TESTS.—The Medicare beneficiaries and save Medi- (iii) the particular screening needs of ra- Secretary shall review from time to time the care money in the long run by reducing cial and ethnic minorities in the United appropriateness of the amount of the pay- the high costs of treating advanced States; and ment limit established for screening fecal- (iv) such other factors as the Secretary occult blood tests under paragraph (1)(A). colorectal cancer. considers appropriate with regard to the cov- The Secretary may, with respect to tests I encourage my colleagues to join me erage of colorectal cancer screening tests performed in a year after 2000, reduce the in supporting passage of this legisla- under the medicare program. amount of such limit as it applies nationally tion this Congress. I ask unanimous (B) DETERMINATION.—If the Secretary de- or in any area to the amount that the Sec- consent that a copy of the bill appear termines it appropriate based on the review retary estimates is required to assure that in the RECORD. conducted pursuant to subparagraph (A), the such tests of an appropriate quality are read- There being no objection, the bill was Secretary shall issue and publish a deter- ily and conveniently available during the ordered to be printed in the RECORD, as mination that one or more colorectal cancer year. follows: screening tests described in section 1861(oo) ‘‘(B) REVISION OF FREQUENCY.— of the Social Security Act (42 U.S.C. ‘‘(i) REVIEW.—The Secretary shall review S. 690 1395x(oo)) (as added by paragraph (1) of this periodically the appropriate frequency for Be it enacted by the Senate and House of Rep- section) shall no longer be covered under performing colorectal cancer screening tests resentatives of the United States of America in that section. based on age and such other factors as the Congress assembled, (b) FREQUENCY AND PAYMENT LIMITS.— Secretary believes to be pertinent. SECTION 1. SHORT TITLE. (1) IN GENERAL.—Section 1834 of the Social ‘‘(ii) REVISION OF FREQUENCY.—The Sec- This Act may be cited as the ‘‘Colorectal Security Act (42 U.S.C. 1395m) is amended by retary, taking into consideration the review Cancer Screening Act of 1997’’. inserting after subsection (c) the following: made under clause (i), may revise from time SEC. 2. MEDICARE COVERAGE OF COLORECTAL ‘‘(d) FREQUENCY AND PAYMENT LIMITS FOR to time the frequency with which such tests SCREENING SERVICES. COLORECTAL CANCER SCREENING TESTS.— may be paid for under this subsection, but no (a) COVERAGE.— ‘‘(1) SCREENING FECAL-OCCULT BLOOD such revision shall apply to tests performed (1) IN GENERAL.—Section 1861 of the Social TESTS.— before January 1, 2001. Security Act (42 U.S.C. 1395x) is amended— ‘‘(A) PAYMENT LIMIT.—In establishing fee ‘‘(6) LIMITING CHARGES OF NONPARTICIPAT- (A) in subsection (s)(2)— schedules under section 1833(h) with respect ING PHYSICIANS.— (i) by striking ‘‘and’’ at the end of subpara- to colorectal cancer screening tests consist- ‘‘(A) IN GENERAL.—In the case of a graphs (N) and (O); and ing of screening fecal-occult blood tests, ex- colorectal cancer screening test consisting of (ii) by inserting after subparagraph (O) the cept as provided by the Secretary under a screening flexible sigmoidoscopy or screen- following: paragraph (5)(A), the payment amount estab- ing barium enema, or a screening ‘‘(P) colorectal cancer screening tests (as lished for tests performed— colonoscopy or screening barium enema pro- defined in subsection (oo)); and’’; and ‘‘(i) in 1998 shall not exceed $5; and vided to an individual at high risk for (B) by adding at the end the following: ‘‘(ii) in a subsequent year, shall not exceed colorectal cancer for which payment may be ‘‘Colorectal Cancer Screening Tests the limit on the payment amount estab- made under this part, if a nonparticipating ‘‘(oo)(1) The term ‘colorectal cancer lished under this subsection for such tests physician provides the procedure to an indi- screening test’ means, unless determined for the preceding year, adjusted by the appli- vidual enrolled under this part, the physi- otherwise pursuant to section 2(a)(2) of the cable adjustment under section 1833(h) for cian may not charge the individual more Colorectal Cancer Screening Act of 1997, any tests performed in such year. than the limiting charge (as defined in sec- of the following procedures furnished to an ‘‘(B) FREQUENCY LIMIT.—Subject to revision tion 1848(g)(2)). individual for the purpose of early detection by the Secretary under paragraph (5)(B), no ‘‘(B) ENFORCEMENT.—If a physician or sup- of colorectal cancer: payment may be made under this part for plier knowingly and willfully imposes a ‘‘(A) Screening fecal-occult blood test. colorectal cancer screening test consisting of charge in violation of subparagraph (A), the ‘‘(B) Screening flexible sigmoidoscopy. a screening fecal-occult blood test— Secretary may apply sanctions against such ‘‘(C) Screening barium enema. ‘‘(i) if the individual is under 50 years of physician or supplier in accordance with sec- ‘‘(D) In the case of an individual at high age; or tion 1842(j)(2).’’. risk for colorectal cancer, screening ‘‘(ii) if the test is performed within the 11 (c) CONFORMING AMENDMENTS.— colonoscopy or screening barium enema. months after a previous screening fecal-oc- (1) Paragraphs (1)(D) and (2)(D) of section ‘‘(E) For years beginning after 2002, such cult blood test. 1833(a) of the Social Security Act (42 U.S.C. other procedures as the Secretary finds ap- ‘‘(2) SCREENING FOR INDIVIDUALS NOT AT 1395l(a)) are each amended by inserting ‘‘or propriate for the purpose of early detection HIGH RISK.—Subject to revision by the Sec- section 1834(d)(1)’’ after ‘‘subsection (h)(1)’’. of colorectal cancer, taking into account retary under paragraph (5)(B), no payment (2) Section 1833(h)(1)(A) of the Social Secu- changes in technology and standards of med- may be made under this part for a colorectal rity Act (42 U.S.C. 1395l(h)(1)(A)) is amended ical practice, availability, effectiveness, cancer screening test consisting of a screen- by striking ‘‘The Secretary’’ and inserting costs, the particular screening needs of ra- ing flexible sigmoidoscopy or screening bar- ‘‘Subject to paragraphs (1) and (5)(A) of sec- cial and ethnic minorities in the United ium enema— tion 1834(d), the Secretary’’. States and such other factors as the Sec- ‘‘(i) if the individual is under 50 years of (3) Clauses (i) and (ii) of section retary considers appropriate. age; or 1848(a)(2)(A) of the Social Security Act (42 ‘‘(2) In paragraph (1)(D), an ‘individual at ‘‘(ii) if the procedure is performed within U.S.C. 1395w–4(a)(2)(A)) are each amended by high risk for colorectal cancer’ is an individ- the 47 months after a previous screening inserting after ‘‘a service’’ the following: ual who, because of family history, prior ex- flexible sigmoidoscopy or screening barium ‘‘(other than a colorectal cancer screening perience of cancer or precursor neoplastic enema. test consisting of a screening colonoscopy or polyps, a history of chronic digestive disease ‘‘(3) SCREENING FOR INDIVIDUALS AT HIGH screening barium enema provided to an indi- condition (including inflammatory bowel RISK FOR COLORECTAL CANCER.—Subject to re- vidual at high risk for colorectal cancer or a disease, Crohn’s Disease, or ulcerative coli- vision by the Secretary under paragraph screening flexible sigmoidoscopy or screen- tis), the presence of any appropriate recog- (5)(B), no payment may be made under this ing barium enema)’’. nized gene markers for colorectal cancer, or part for a colorectal cancer screening test (4) Section 1862(a) of the Social Security other predisposing factors, faces a high risk consisting of a screening colonoscopy or Act (42 U.S.C. 1395y(a)) is amended— for colorectal cancer.’’. screening barium enema for individuals at (A) in paragraph (1)— S3914 CONGRESSIONAL RECORD — SENATE May 1, 1997

(i) in subparagraph (E), by striking ‘‘and’’ S. 394 Strike all after the enacting clause and in- at the end; At the request of Mr. HATCH, the sert the following: (ii) in subparagraph (F), by striking the names of the Senator from Virginia SECTION 1. SHORT TITLE. semicolon at the end and inserting ‘‘, and’’; [Mr. ROBB], and the Senator from This Act may be cited as the ‘‘Volunteer and Protection Act of 1997’’. (iii) by adding at the end the following: Texas [Mrs. HUTCHISON] were added as cosponsors of S. 394, a bill to partially SEC. 2. FINDINGS AND PURPOSE. ‘‘(G) in the case of colorectal cancer The Congress finds and declares that— screening tests, which are performed more restore compensation levels to their (1) the willingness of volunteers to offer frequently than is covered under section past equivalent in terms of real income their services is deterred by the potential for 1834(d);’’; and and establish the procedure for adjust- liability actions against them; (B) in paragraph (7), by striking ‘‘para- ing future compensation of justices and (2) as a result, many nonprofit public and graph (1)(B) or under paragraph (1)(F)’’ and judges of the United States. private organizations and governmental en- inserting ‘‘subparagraph (B), (F), or (G) of S. 609 tities, including voluntary associations, so- paragraph (1)’’. cial service agencies, educational institu- SEC. 3. EFFECTIVE DATE. At the request of Mr. KENNEDY, the tions, and other civic programs, have been The amendments made by section 2 shall name of the Senator from New Jersey adversely affected by the withdrawal of vol- apply to items and services furnished on or [Mr. TORRICELLI] was added as a co- unteers from boards of directors and service after January 1, 1998. sponsor of S. 609, a bill to amend the in other capacities; f Public Health Service Act and Em- (3) the contribution of these programs to their communities is thereby diminished, re- ADDITIONAL COSPONSORS ployee Retirement Income Security Act of 1974 to require that group and sulting in fewer and higher cost programs S. 65 individual health insurance coverage than would be obtainable if volunteers were participating; At the request of Mr. HATCH, the and group health plans provide cov- name of the Senator from Montana (4) because Federal funds are expended on erage for reconstructive breast surgery useful and cost-effective social service pro- [Mr. BURNS] was added as a cosponsor if they provide coverage for grams, many of which are national in scope, of S. 65, a bill to amend the Internal mastectomies. depend heavily on volunteer participation, Revenue Code of 1986 to ensure that S. 627 and represent some of the most successful members of tax-exempt organizations public-private partnerships, protection of At the request of Mr. JEFFORDS, the are notified of the portion of their dues volunteerism through clarification and limi- name of the Senator from New York used for political and lobbying activi- tation of the personal liability risks assumed [Mr. D’AMATO] was added as a cospon- ties, and for other purposes. by the volunteer in connection with such sor of S. 627, a bill to reauthorize the participation is an appropriate subject for S. 293 African Elephant Conservation Act. Federal legislation; At the request of Mr. HATCH, the SENATE JOINT RESOLUTION 25 (5) services and goods provided by volun- name of the Senator from Illinois [Ms. teers and nonprofit organizations would At the request of Mr. COCHRAN, the MOSELEY-BRAUN] was added as a co- often otherwise be provided by private enti- sponsor of S. 293, a bill to amend the name of the Senator from Delaware ties that operate in interstate commerce; Internal Revenue Code of 1986 to make [Mr. ROTH] was added as a cosponsor of (6) due to high liability costs and unwar- permanent the credit for clinical test- Senate Joint Resolution 25, a joint res- ranted litigation costs, volunteers and non- ing expenses for certain drugs for rare olution disapproving the rule of the Oc- profit organizations face higher costs in pur- chasing insurance, through interstate insur- diseases or conditions. cupational Safety and Health Adminis- tration relating to occupational expo- ance markets, to cover their activities; and S. 356 sure to methylene chloride. (7) clarifying and limiting the liability risk At the request of Mr. GRAHAM, the assumed by volunteers is an appropriate sub- names of the Senator from Hawaii [Mr. SENATE RESOLUTION 19 ject for Federal legislation because— INOUYE] and the Senator from Massa- At the request of Mr. MOYNIHAN, the (A) of the national scope of the problems chusetts [Mr. KERRY] were added as co- name of the Senator from Iowa [Mr. created by the legitimate fears of volunteers sponsors of S. 356, a bill to amend the GRASSLEY] was added as a cosponsor of about frivolous, arbitrary, or capricious law- Senate Resolution 19, a resolution ex- suits; Internal Revenue Code of 1986, the Pub- (B) the citizens of the United States de- lic Health Service Act, the Employee pressing the sense of the Senate re- garding United States opposition to pend on, and the Federal Government ex- Retirement Income Security Act of pends funds on, and provides tax exemptions 1974, the title XVIII and XIX of the So- the prison sentence of Tibetan and other consideration to, numerous social cial Security Act to assure access to ethnomusicologist Ngawang Choephel programs that depend on the services of vol- emergency medical services under by the Government of the People’s Re- unteers; group health plans, health insurance public of China. (C) it is in the interest of the Federal Gov- coverage, and the medicare and medic- SENATE RESOLUTION 79 ernment to encourage the continued oper- ation of volunteer service organizations and At the request of Mr. KEMPTHORNE, aid programs. contributions of volunteers because the Fed- S. 377 the names of the Senator from Nevada eral Government lacks the capacity to carry At the request of Mr. BURNS, the [Mr. REID] and the Senator from Lou- out all of the services provided by such orga- name of the Senator from Oregon [Mr. isiana [Mr. BREAUX] were added as co- nizations and volunteers; and SMITH] was added as a cosponsor of S. sponsors of Senate Resolution 79, a res- (D)(i) liability reform for volunteers will 377, a bill to promote electronic com- olution to commemorate the 1997 Na- promote the free flow of goods and services, merce by facilitating the use of strong tional Peace Officers Memorial Day. lessen burdens on interstate commerce and f uphold constitutionally protected due proc- encryption, and for other purposes. ess rights; and S. 385 AMENDMENTS SUBMITTED (ii) therefore, liability reform is an appro- At the request of Mr. CONRAD, the priate use of the powers contained in article name of the Senator from West Vir- 1, section 8, clause 3 of the United States ginia [Mr. ROCKEFELLER] was added as THE VOLUNTEER PROTECTION ACT Constitution, and the fourteenth amendment a cosponsor of S. 385, a bill to provide OF 1997 to the United States Constitution. reimbursement under the medicare (b) PURPOSE.—The purpose of this Act is to promote the interests of social service pro- program for telehealth services, and for COVERDELL (AND OTHERS) gram beneficiaries and taxpayers and to sus- other purposes. tain the availability of programs, nonprofit S. 389 AMENDMENT NO. 53 organizations, and governmental entities At the request of Mr. ABRAHAM, the Mr. COVERDELL (for himself, Mr. that depend on volunteer contributions by names of the Senator from Minnesota LEAHY, Mr. ASHCROFT, Mr. MCCONNELL, reforming the laws to provide certain protec- [Mr. GRAMS] and the Senator from Mr. ABRAHAM, and Mr. SANTORUM) pro- tions from liability abuses related to volun- teers serving nonprofit organizations and Florida [Mr. MACK] were added as co- posed an amendment to the bill (S. 543) governmental entities. sponsors of S. 389, a bill to improve to provide certain protections to volun- SEC. 3. PREEMPTION AND ELECTION OF STATE congressional deliberation on proposed teers, nonprofit organizations, and gov- NONAPPLICABILITY. Federal private sector mandates, and ernmental entities in lawsuits based on (a) PREEMPTION.—This Act preempts the for other purposes. the activities of volunteers; as follows: laws of any State to the extent that such May 1, 1997 CONGRESSIONAL RECORD — SENATE S3915 laws are inconsistent with this Act, except dividuals who suffer harm as a result of ac- SEC. 6. DEFINITIONS. that this Act shall not preempt any State tions taken by a volunteer on behalf of the For purposes of this Act: law that provides additional protection from organization or entity. A financially secure (1) ECONOMIC LOSS.—The term ‘‘economic liability relating to volunteers or to any cat- source of recovery may be an insurance pol- loss’’ means any pecuniary loss resulting egory of volunteers in the performance of icy within specified limits, comparable cov- from harm (including the loss of earnings or services for a nonprofit organization or gov- erage from a risk pooling mechanism, equiv- other benefits related to employment, medi- ernmental entity. alent assets, or alternative arrangements cal expense loss, replacement services loss, (b) ELECTION OF STATE REGARDING NON- that satisfy the State that the organization loss due to death, burial costs, and loss of APPLICABILITY.—This Act shall not apply to or entity will be able to pay for losses up to business or employment opportunities) to any civil action in a State court against a a specified amount. Separate standards for the extent recovery for such loss is allowed volunteer in which all parties are citizens of different types of liability exposure may be under applicable State law. the State if such State enacts a statute in specified. (2) HARM.—The term ‘‘harm’’ includes accordance with State requirements for en- (e) LIMITATION ON PUNITIVE DAMAGES physical, nonphysical, economic, and non- acting legislation— BASED ON THE ACTIONS OF VOLUNTEERS.— economic losses. (1) citing the authority of this subsection; (1) GENERAL RULE.—Punitive damages may (3) NONECONOMIC LOSSES.—The term ‘‘non- (2) declaring the election of such State not be awarded against a volunteer in an ac- economic losses’’ means losses for physical that this Act shall not apply, as of a date tion brought for harm based on the action of and emotional pain, suffering, inconven- certain, to such civil action in the State; and a volunteer acting within the scope of the ience, physical impairment, mental anguish, (3) containing no other provisions. volunteer’s responsibilities to a nonprofit or- disfigurement, loss of enjoyment of life, loss SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- ganization or governmental entity unless the of society and companionship, loss of consor- TEERS. claimant establishes by clear and convincing tium (other than loss of domestic service), (a) LIABILITY PROTECTION FOR VOLUN- evidence that the harm was proximately hedonic damages, injury to reputation and TEERS.—Except as provided in subsections (b) caused by an action of such volunteer which all other nonpecuniary losses of any kind or and (d), no volunteer of a nonprofit organiza- constitutes willful or criminal misconduct, nature. tion or governmental entity shall be liable or a conscious, flagrant indifference to the (4) NONPROFIT ORGANIZATION.—The term for harm caused by an act or omission of the rights or safety of the individual harmed. ‘‘nonprofit organization’’ means— volunteer on behalf of the organization or (A) any organization described in section (2) CONSTRUCTION.—Paragraph (1) does not entity if— create a cause of action for punitive damages 501(c)(3) of the Internal Revenue Code of 1986 (1) the volunteer was acting within the and does not preempt or supersede any Fed- and exempt from tax under section 501(a) of scope of the volunteer’s responsibilities in eral or State law to the extent that such law such Code; or the nonprofit organization or governmental would further limit the award of punitive (B) any not-for-profit organization orga- entity at the time of the act or omission; damages. nized and conducted for public benefit and (2) if appropriate or required, the volunteer operated primarily for charitable, civic, edu- (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- was properly licensed, certified, or author- cational, religious, welfare, or health pur- ITY.— ized by the appropriate authorities for the poses. (1) IN GENERAL.—The limitations on the li- activities or practice in the State in which ability of a volunteer under this Act shall (5) STATE.—The term ‘‘State’’ means each the harm occurred, where the activities were not apply to any misconduct that— of the several States, the District of Colum- or practice was undertaken within the scope (A) constitutes a crime of violence (as that bia, the Commonwealth of Puerto Rico, the of the volunteer’s responsibilities in the non- term is defined in section 16 of title 18, Unit- Virgin Islands, Guam, American Samoa, the profit organization or governmental entity; ed States Code) or act of international ter- Northern Mariana Islands, any other terri- (3) the harm was not caused by willful or rorism (as that term is defined in section tory or possession of the United States, or criminal misconduct, gross negligence, reck- 2331 of title 18) for which the defendant has any political subdivision of any such State, less misconduct, or a conscious, flagrant in- been convicted in any court; territory, or possession. difference to the rights or safety of the indi- (B) constitutes a hate crime (as that term (6) VOLUNTEER.—The term ‘‘volunteer’’ vidual harmed by the volunteer; and is used in the Hate Crime Statistics Act (28 means an individual performing services for (4) the harm was not caused by the volun- U.S.C. 534 note)); a nonprofit organization or a governmental teer operating a motor vehicle, vessel, air- (C) involves a sexual offense, as defined by entity who does not receive— craft, or other vehicle for which the State re- applicable State law, for which the defend- (A) compensation (other than reasonable quires the operator or the owner of the vehi- ant has been convicted in any court; reimbursement or allowance for expenses ac- cle, craft, or vessel to— (D) involves misconduct for which the de- tually incurred); or (A) possess an operator’s license; or fendant has been found to have violated a (B) any other thing of value in lieu of com- (B) maintain insurance. Federal or State civil rights law; or pensation, (b) CONCERNING RESPONSIBILITY OF VOLUN- (E) where the defendant was under the in- in excess of $500 per year, and such term in- TEERS TO ORGANIZATIONS AND ENTITIES.— fluence (as determined pursuant to applica- cludes a volunteer serving as a director, offi- Nothing in this section shall be construed to ble State law) of intoxicating alcohol or any cer, trustee, or direct service volunteer. affect any civil action brought by any non- drug at the time of the misconduct. SEC. 7. EFFECTIVE DATE. profit organization or any governmental en- (2) RULE OF CONSTRUCTION.—Nothing in this (a) IN GENERAL.—This Act shall take effect tity against any volunteer of such organiza- subsection shall be construed to effect sub- 90 days after the date of enactment of this tion or entity. Act. (c) NO EFFECT ON LIABILITY OF ORGANIZA- section (a)(3) or (e). (b) APPLICATION.—This Act applies to any SEC. 5. LIABILITY FOR NONECONOMIC LOSS. TION OR ENTITY.—Nothing in this section claim for harm caused by an act or omission (a) GENERAL RULE.—In any civil action shall be construed to affect the liability of of a volunteer where that claim is filed on or any nonprofit organization or governmental against a volunteer, based on an action of a after the effective date of this Act, without entity with respect to harm caused to any volunteer acting within the scope of the vol- regard to whether the harm that is the sub- person. unteer’s responsibilities to a nonprofit orga- ject of the claim or the conduct that caused (d) EXCEPTIONS TO VOLUNTEER LIABILITY nization or governmental entity, the liabil- the harm occurred before such effective date. PROTECTION.—If the laws of a State limit vol- ity of the volunteer for noneconomic loss f unteer liability subject to one or more of the shall be determined in accordance with sub- following conditions, such conditions shall section (b). NOTICES OF HEARINGS not be construed as inconsistent with this (b) AMOUNT OF LIABILITY.— COMMITTEE ON ENERGY AND NATURAL section: (1) IN GENERAL.—Each defendant who is a (1) A State law that requires a nonprofit volunteer shall be liable only for the amount RESOURCES organization or governmental entity to ad- of noneconomic loss allocated to that de- Mr. MURKOWSKI. Mr. President, I here to risk management procedures, includ- fendant in direct proportion to the percent- would like to announce for the benefit ing mandatory training of volunteers. age of responsibility of that defendant (de- of Members and the public that the (2) A State law that makes the organiza- termined in accordance with paragraph (2)) time that the Committee on Energy tion or entity liable for the acts or omissions for the harm to the claimant with respect to and Natural Resources has scheduled of its volunteers to the same extent as an which that defendant is liable. The court for a hearing to receive testimony on employer is liable for the acts or omissions shall render a separate judgment against S. 430, the New Mexico Statehood and of its employees. each defendant in an amount determined Enabling Act Amendments of 1997 has (3) A State law that makes a limitation of pursuant to the preceding sentence. been changed. liability inapplicable if the civil action was (2) PERCENTAGE OF RESPONSIBILITY.—For brought by an officer of a State or local gov- purposes of determining the amount of non- The hearing will now take place on ernment pursuant to State or local law. economic loss allocated to a defendant who Monday, May 5, 1997, at 10:30 a.m. in (4) A State law that makes a limitation of is a volunteer under this section, the trier of room SD–366 of the Dirksen Senate Of- liability applicable only if the nonprofit or- fact shall determine the percentage of re- fice Building. ganization or governmental entity provides a sponsibility of that defendant for the claim- Those wishing to testify or submit financially secure source of recovery for in- ant’s harm. written statements for the record S3916 CONGRESSIONAL RECORD — SENATE May 1, 1997 should contact James Beirne, senior The PRESIDING OFFICER. Without committee on Immigration, of the counsel to the committee or Betty objection, it is so ordered. Committee on the Judiciary be author- Nevitt, staff assistant, or write the COMMITTEE ON FOREIGN RELATIONS ized to meet during the session of the Committee on Energy and Natural Re- Mr. COVERDELL. Mr. President, I Senate on Thursday, May 1, 1997, at sources, U.S. Senate, Washington, DC ask unanimous consent that the Com- 11:30 a.m. to hold a hearing on ‘‘Immi- 20510. mittee on Foreign Relations be author- gration and Naturalization Service COMMITTEE ON RULES AND ADMINISTRATION ized to meet during the session of the Oversight: The Criminal Record Ver- Mr. WARNER. Mr. President, I wish Senate on Thursday, May 1, 1997, at 2 ification Process for Citizenship Appli- to announce that the Committee on p.m. to hold a hearing. cants.’’ Rules and Administration will meet in The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without SR–301, Russell Senate Office Building, objection, it is so ordered. objection, it is so ordered. on Thursday, May 8, 1997, at 9:30 a.m. COMMITTEE ON GOVERNMENTAL AFFAIRS SUBCOMMITTEE ON NEAR EASTERN AND SOUTH to consider revisions to Title 44/GPO. Mr. COVERDELL. Mr. President, I ASIAN AFFAIRS For further information concerning ask unanimous consent on behalf of the Mr. COVERDELL. Mr. President, I this hearing, please contact Eric Peter- Governmental Affairs Committee to ask unanimous consent that the Sub- son. meet on Thursday, May 1, at 10 a.m. for committee on Near Eastern and South COMMITTEE ON ENERGY AND NATURAL a hearing on DOD at risk. Asian Affairs of the Committee on For- RESOURCES The PRESIDING OFFICER. Without eign Relations be authorized to meet Mr. MURKOWSKI. Mr. President, I objection, it is so ordered. during the session of the Senate on would like to announce for the public COMMITTEE ON GOVERNMENTAL AFFAIRS Thursday, May 1, 1997, at 10 a.m. to that a hearing has been scheduled be- Mr. COVERDELL. Mr. President, I hold a hearing. fore the full Committee on Energy and ask unanimous consent on behalf of the The PRESIDING OFFICER. Without Natural Resources to receive testi- Governmental Affairs Subcommittee objection, it is so ordered. mony regarding S. 417, a bill to extend on International Security, Prolifera- SUBCOMMITTEE ON READINESS energy conservation programs under tion, and Federal Services to meet on Mr. COVERDELL. Mr. President, I the Energy Policy and Conservation Thursday, May 1, 1997 at 2 p.m. for a ask unanimous consent that the Sub- Act through September 30, 2002, S. 416, hearing on ‘‘National Missile Defense committee on Readiness of the Com- a bill to amend the Energy Policy and and the ABM Treaty’’. mittee on Armed Services be author- Conservation Act to extend the expira- The PRESIDING OFFICER. Without ized to meet at 10 a.m. on Thursday, tion dates of existing authorities and objection, it is so ordered. May 1, 1997, in open session, to receive enhance U.S. participation in the en- COMMITTEE ON THE JUDICIARY testimony on Department of Defense ergy emergency program of the Inter- Mr. COVERDELL. Mr. President, I depot maintenance privatization ini- national Energy Agency, S. 186, a bill ask unanimous consent that the Com- tiatives in review of S. 450, the Na- to amend the Energy Policy and Con- mittee on the Judiciary, be authorized tional Defense Authorization Act for servation Act with respect to pur- to hold an executive business meeting Fiscal Years 1998 and 1999. chases from the Strategic Petroleum during the session of the Senate on The PRESIDING OFFICER. Without Reserve by entities in the insular areas Thursday, May 1, 1997, at 10 a.m. objection, it is so ordered. The PRESIDING OFFICER. Without of the United States, and for other pur- f poses, and the energy security of the objection, it is so ordered. United States of America. COMMITTEE ON LABOR AND HUMAN RESOURCES ADDITIONAL STATEMENTS The hearing will take place on Tues- Mr. COVERDELL. Mr. President, I day, May 13, 1997, at 9:30 a.m., in room ask unanimous consent that the Com- TRIBUTE TO MIDDLEBURY SD–366 of the Dirksen Senate Office mittee on Labor and Human Resources COLLEGE Building in Washington, DC. be authorized to meet for a Public For further information, please call Health and Safety Subcommittee hear- ∑ Mr. JEFFORDS. Mr. President, I rise Karen Hunsicker, counsel or Betty ing on ‘‘Biomedical Research prior- today to pay tribute to Middlebury Nevitt, staff assistant. ities: Who Should Decide?’’ during the College and its student production of f session of the Senate on Thursday, ‘‘The Last Supper Restoration.’’ This May 1, 1997, at 9:30 a.m. group of fine arts students will be one AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without of eight participating in this year’s MEET objection, it is so ordered. American College Theater Festival at COMMITTEE ON COMMERCE, SCIENCE, AND SELECT COMMITTEE ON INTELLIGENCE the John F. Kennedy Center for Per- TRANSPORTATION Mr. COVERDELL. Mr. President, I forming Arts from April 14 to April 22, Mr. COVERDELL. Mr. President, I ask unanimous consent that the Select 1997. The production was chosen from ask unanimous consent that the Sen- Committee on Intelligence be author- among 900 presented on campuses ate Committee on Commerce, Science, ized to meet during the session of the throughout the United States in 1996. and Transportation be authorized to Senate on Thursday, May 1, 1997, at 2 The student playwright, Michael meet on Thursday, May 1, 1997, at 9:30 p.m. to hold a closed hearing on intel- Kanin, was presented with the National a.m. on pending committee business. ligence matters. Student Playwriting Award and has The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without been recognized for his tremendous ef- objection, it is so ordered. objection, it is so ordered. forts by the Association for Theatre in COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON FINANCIAL INSTITUTIONS Higher Education. The students’ work RESOURCES AND REGULATORY RELIEF is in the finest tradition of Vermont Mr. COVERDELL. Mr. President, I Mr. COVERDELL. Mr. President, I and truly represent the creative spirit ask unanimous consent that the Com- ask unanimous consent that the Sub- of our Green Mountain State. mittee on Energy and Natural Re- committee on Financial Institutions This accomplishment is testimony to sources be granted permission to meet and Regulatory Relief of the Commit- the outstanding education and diverse during the session of the Senate on tee on Banking, Housing, and Urban opportunities provided by a true center Thursday, May 1, for purposes of con- Affairs be authorized to meet during of excellence, Middlebury College. Once ducting a hearing before the Sub- the session of the Senate on Thursday, again, I would like to extend my best committee on National Parks, Historic May 1, 1997, to conduct an oversight wishes and congratulations to the Preservation, & Recreation which is hearing on the Office of the Comptrol- Middlebury College thespians.∑ scheduled to begin at 2 p.m. The pur- ler of the Currency. f pose of this hearing is to consider S. The PRESIDING OFFICER. Without 357, a bill to authorize the Bureau of objection, it is so ordered. TRIBUTE TO ELIZABETH Land Management to manage the SUBCOMMITTEE ON IMMIGRATION O’DONNELL Grand Staircase-Escalante National Mr. COVERDELL. Mr. President, I ∑ Mr. MOYNIHAN. Mr. President, I rise Monument. ask unanimous consent that the Sub- today to pay tribute to a very special May 1, 1997 CONGRESSIONAL RECORD — SENATE S3917 American, Ms. Elizabeth O’Donnell of I commend the article to my col- towns and small-town values have long been Kenmore, NY. I am proud to announce leagues and ask that it be printed in an important part of our history. The spirit that Ms. O’Donnell is one of three win- the RECORD. of unity, dedication to purpose and pride in ners of the 1996 HEROES Awards from The article follows: performing well that are so fundamental to these communities have also been indispen- the Sporting Goods Manufacturers As- [From Sky, February 1997] sable to our company’s success. This link, sociation. This honor is given each REBUILDING EVERY BURNED BLACK CHURCH together with the premium we place on cor- year to three individuals who make LED BY CEO JOHN T. DILLON, INTERNATIONAL porate citizenship, requires that Inter- outstanding and unique humanitarian PAPER HAS GONE INTO ‘‘THE BLESSING BUSI- national Paper respond in this time of need.’’ contributions to local sports programs NESS’’ The Rev. Albert Pennybacker, who is over- throughout the United States. (By Timothy Harper) seeing the church reconstruction program In 1976, Elizabeth O’Donnell aban- for the National Council of Churches, says On Thanksgiving Day 1994, an arsonist ap- 124 churches were damaged by burnings. doned her lifelong dream of profes- parently torched the Friendship Missionary Some were rebuilt before the offer from sional ice skating to find a more fulfill- Baptist Church in Proctor, Arkansas. It was International Paper, but he and Inter- ing challenge. It was at that time that one of the first in a series of deliberately set national Paper officials estimate that ‘‘sev- Ms. O’Donnell left the Ice Capades to fires that spread through predominantly eral dozen’’ churches ultimately will receive teach blind and handicapped people of black churches across the South. Many free wood and building materials. Americans, of every color, were appalled. ‘‘This is a really remarkable gesture by all ages to ice skate. Motivated by her Not just about race and religion, these were love of the sport and desire to share International Paper, a remarkable commit- attacks on the ideals of equality and freedom ment,’’ Pennybacker says. ‘‘We were over- the freedom of movement, as well as in America. Our concept of what constitutes whelmed by [their] generosity.’’ Beyond the physical and psychological benefits a civilized society was being violated. making the wood and materials available, he which accompany skating, Ms. In subsequent months, dozens more black says, International Paper has made an ex- O’Donnell founded the Skating Asso- churches were burned, and by the late spring traordinary, perhaps unprecedented, promise ciation for the Blind and Handicapped and early summer of 1996, the incidents had to make deliveries right to the churches. [SABAH]. become a compelling national story. The FBI That is no small or easily fulfilled promise. began investigating. The National Council of Since many of the burned churches are in In her 20 years as coach, adminis- Churches established the Burned Churches trator, and president of SABAH, Ms. isolated areas, down country lanes or out in Fund. Churches, companies and individuals the middle of farm fields, on land no one else O’Donnell has taught more than 8,500 across the nation made contributions to help wanted, those special deliveries are often far physically challenged people to leave congregations rebuild. off the company’s established delivery behind their wheelchairs and crutches Many of the burned churches’ congrega- routes, taking drivers and trucks out of their and learn to skate with specially de- tions were poor, however, and didn’t know if usual rotations. Moreover, International signed walkers and harness systems. A they could rebuild, even with donations. Paper promised to make deliveries within a number of Ms. O’Donnell’s students Until June 27, 1996, that is. One that date, few days of receiving orders from the church- John T. Dillon, chairman and chief executive es, thereby adding many thousands of dollars have even learned to overcome their officer of International Paper, the world’s disabilities as a result of her coaching in staff time and rescheduling headaches to largest wood products company, quietly told the total cost of the company’s donation. techniques. the National Council of Churches that his Pennybacker says the National Council of Ms. O’Donnell’s work might best be company would donate lumber and building Churches originally guessed that the donated summarized in the words of Buffalo materials from his company’s broad range of materials would be worth $1 million, but he mayor, Anthony Massielo, the person construction products. now believes the cost to International Paper who nominated her for the 1996 Sport- In his private letter to the Rev. Dr. Joan could be $2 million or more—at wholesale ing Goods Manufacturers Association Brown Campbell, general secretary of the prices, not counting the considerable costs of National Council of Churches, Dillon prom- HEROES Award: ‘‘For those people who delivery. That means an actual savings of ised to provide as much as was needed to re- several million dollars for churches that oth- might have known ‘sports’ as an ab- build every church. He put no ceiling on the erwise would have to go out and buy their stract, Elizabeth has succeeded in amount of material to be donated, or the materials at retail prices. translating the joy of achievement and cost. Dillon merely asked the Council, which International Paper, meanwhile, does not accomplishment, which is so often is overseeing the reconstruction of the seem to care what the contribution will end overlooked in competitive sports, into churches, to coordinate the effort to make up costing. ‘‘This is an open-ended commit- a triumph of spirit.’’ sure that every church got what it needed to ment and, frankly, we’re not sure just how Mr. President, I want to give my rebuild. much it’s going to cost,’’ says Carl Gagliardi, Purchase, New York-based International warmest congratulations to Ms. the International Paper executive coordinat- Paper, which had revenues in 1995 of nearly ing the program out of the company’s Mem- O’Donnell and to the people whose lives $20 billion and employs about 88,000 people phis, Tennessee, office. ‘‘This is one of the she helps make better. Her 1996 Sport- around the world, provides the burned best things this company has ever done. It’s ing Goods Manufacturers Association churches with lists of the company’s wood been terrific for morale.’’ HEROES Award is richly deserved.∑ and building materials, including beams, Indeed, when International Paper’s rank- f flooring, walls, sheeting, siding, shingles, and-file employees received Dillon’s note doors and countertops. Churches, with the outlining the company’s commitment to the ‘‘REBUILDING EVERY BURNED help of officials from the National Council of burned churches, many of them clamored to BLACK CHURCH’’ Churches, check off what they need and send be part of it. A few weeks later, Pennybacker Mr. BUMPERS. Mr. President, the the list back to International Paper. For got a call at his office at the National Coun- ∑ churches that were burned to the ground, cil of Churches headquarters in New York. February edition of Delta Airline’s Sky International Paper is providing up to 100 An International Paper representative want- magazine contained an article about percent of the materials the company has to ed to come in and drop off some donations one of this Nation’s finest corporate offer—and absorbing the costs. from employees. Pennybacker expected ‘‘a citizens, the International Paper Co. Today, with a shipment of wood and mate- few thousand dollars, maybe.’’ The executive IP has donated lumber and building rials from International Paper, a new showed up with a big box and dumped on materials to the National Council of Friendship Missionary Baptist Church is Pennybacker’s desk checks worth $37,787 Churches in its efforts to rebuild black under construction near Proctor. ‘‘It’s a from employees. He turned over another churches burned by arsonists in recent wonderful thing,’’ says Charles Eason, a dea- check for the same amount from Inter- con who is helping oversee the rebuilding. national Paper, for a total donation of years. One such church torched in 1994 ‘‘We’re just a small rural church, and this $75,574, and explained that Dillon had de- was Friendship Missionary Baptist in donation has made the difference for us. We creed that the company would match work- Proctor, Crittenden County, AR. don’t know when we would have been able to ers’ individual donations dollar for dollar. Last year International Paper rebuild without it.’’ ‘‘During the past several weeks, I received stepped in to help this congregation. In a memo to International employees ex- several notes from employees who were Today a new Friendship Missionary plaining the donation, Dillon noted that eager to contribute to the fund and were elo- Baptist Church is under construction. many of the company’s mills and local quent in expressing their appreciation for Mr. President, I want to commend branches are is small towns across the the company’s support for the rebuilding of South. ‘‘Beyond the instant tragedy associ- the churches and communities that were vic- this fine corporate citizen for the role ated with this wanton destruction, these timized,’’ Dillon said in a follow-up com- it is playing to reverse the misery and events strike at the essence of what makes panywide note. ‘‘I am extremely proud, but hardship that has been caused by these small-town communities so special,’’ Dillon unsurprised, by the compassion, community church burnings. wrote. ‘‘For International Paper, small concern and civic responsibility represented S3918 CONGRESSIONAL RECORD — SENATE May 1, 1997 by your contributions to the Burned Church- have helped to pay for thousands of op- Arthur’s repertoire consists almost exclu- es Fund. It is just another indication of why erations, utility bills, and ramps for sively of Vermont and New England folk I feel so strongly about the men and women people with disabilities. songs. She was raised in the Ozarks of Mis- who make International Paper’s team so ex- The recent Presidents’ Summit on souri and moved to Vermont in 1948. She traordinary.’’ Volunteerism drew the Nation’s atten- spends winters in Arizona. Therefore, she One aspect of this story is perhaps even also sings many songs from Missouri, nearby more extraordinary: International Paper did tion to the importance of giving back Kentucky and Arizona. not publicize its donation—no corporate to our communities. The people of War- She said that she will certainly take along news conference, no announcement, not even ren, like those in so many communities her harp-zither, which was given to her by a press release. Dillon apparently did not throughout the country, are truly for- the family of Rawsonville farmer Merle want the donation to be seen as a bid for tunate to dedicated Kiwanis Club mem- Landsman after it was found in his barn. publicity. bers as their neighbors. She said she will perform songs from a col- The article you are reading would never I hope my colleagues will join me in lection of 7,000 Vermont songs compiled by have been written if the author had not hap- expressing congratulations and grati- Helen Hartness Flanders. Flanders was the pened to hear about the donation from a wife of the late Sen. Ralph Flanders, and Presbyterian minister who has a friend tude to the Kiwanis Club of Warren for MacArthur enjoys the connection between working at the National Council of Church- their 40 years of good works.∑ their lives in Washington D.C. and her per- es. When Sky contacted International Paper f formance at the Kennedy Center. headquarters, the publicity staff—profes- ‘‘This will give me a good opportunity to sionals who are paid well to make sure Dil- TRIBUTE TO MARGARET honor her and her collection,’’ she said. lon and the company look good—agreed to MACARTHUR The New England Art Biennial, panel from provide copies of Dillon’s notes to his compa- ∑ Mr. JEFFORDS. Mr. President, I rise the University of Massachusetts, Amherst, ny’s work force but rebuffed a request to today to pay tribute to Margaret Mac- chose MacArthur in 1985 as a ‘‘New England interview the CEO for this article as ‘‘not Arthur. Margaret has been selected to living art treasure.’’ Her recording career necessary.’’ appear at the John F. Kennedy Center spans to the early 1960s, when she recorded Dozens of black congregations across the ‘‘Folksongs of Vermont’’ on Folkways South, meanwhile, are eager to sing the for Performing Arts on May 1, 1997. She records. She has since recorded eight more praises of International Paper. ‘‘Oh, good!’’ will be appearing as the sole represent- albums, including several with members of Shirley Hines exclaimed when told that Sky ative of Vermont in an annual celebra- her family, who also live in Marlboro. was running a story about the International tion which will host artists from across Recent local performance ventures in- Paper donation. Hines, in charge of the re- the Nation. cluded the Brattleboro Museum and Art Cen- building committee at Greater Mount Zion Margaret represents the very best of ter, as part of a series on farming in Ver- Tabernacle Church in Portsmouth, Virginia, Vermont. Her talent and hard work mont. says the congregation did not know if the have been recognized time and time She is currently completing her 10th re- church could be rebuilt after it burned in again. In 1985, she was selected by the cording, which is being produced at Sound May 1995; the estimated cost of $340,000 was Design in Brattleboro and is entitled ‘‘Them just too much. New England Art Biennial as a New Stars.’’ International Paper’s donation last au- England living art treasure. MacArthur believes it was her work as art- tumn of wood, doors, wall paneling and other Margaret’s repertoire consists almost ist-in-residence in schools throughout the building supplies, however, took care of exclusively of Vermont and other New state that brought her to Jeffords’ attention. three-quarters of the cost of materials and England folk songs. She embodies the As a visiting artist, she had children set let the congregation celebrate Christmas in spirit of our Green Mountain State and local folk tales to music which culminated its new, rededicated church. ‘‘International has successfully shared its heritage, two years ago with the production of ‘‘Ver- Paper told us to tell them what we needed. through music, with people throughout mont Heritage Songs.’’∑ We faxed in a list, and in less than a week it the country. Once again, I would like f was here. It was unbelievable,’’ Hines says. to extend my best wishes and congratu- ‘‘If not for International Paper, this church CHILDREN’S HEALTH CARE INSUR- would have had to wait two or three years to lations to Margaret MacArthur. Mr. President, I ask the following ar- ANCE PROVIDES SECURITY reopen, if it ever did.’’ [CHIPS] ACT Hines recalled the dreary day when she, ticle from the Brattleboro Reformer be her pastor and several other church members printed in the RECORD. ∑ Mr. ROBB. Mr. President, I’m pleased waited in the rain for the first lumber deliv- The article follows: to be an original cosponsor of the Chil- ery. When the big truck pulled up, she says, [From the Brattleboro Reformer, Dec. 6, dren’s Health Insurance Provides Secu- they laughed and shouted and cried and 1996] rity [CHIPS] Act because I support ex- danced in the rain, snapping pictures of the LOCAL FOLK ARTIST TO PERFORM AT KENNEDY panding access to health care for chil- forklift unloading the first pallets of wood CENTER that would become their new church. dren who lack coverage today, and be- ‘‘It made us realize that God is real,’’ she (By Jared Bazzy) cause I believe this bill is both flexible says, ‘‘and He is still in the blessing busi- MARLBORO.—Folk singer Margaret Mac- and targeted to children in families ness.’’∑ Arthur has been selected to appear at the least likely to have employer-based John F. Kennedy Center for Performing Arts f coverage and least able to purchase in Washington, D.C., this spring, as part of health insurance on their own. the Vermont State Day celebration. CONGRESSIONAL RECORD STATE- U.S. Sen. James M. Jeffords, R–Vt., picked It is my hope that States will find MENT HONORING 40TH ANNIVER- MacArthur to be the lone performer rep- the enhanced Federal Medicaid match SARY OF THE WARREN KIWANIS resenting the Green Mountain State. included in this bill to be a valuable CLUB Jeffords, who chairs the Senate Sub- tool to assist many vulnerable fami- Mr. LEVIN. Mr. President, I rise committee on Education, Arts, and Human- lies, particularly families moving from ∑ ities, said Thursday, ‘‘Margaret represents today to salute the Kiwanis Club of welfare to work. Far too many welfare what’s best about Vermont’s history and cul- recipients will, at least initially, move Warren, MI, for its 40 years of service ture,’’ adding, ‘‘This is a wonderful oppor- to the Warren community. tunity for visitors from across the nation to from dependency into hourly jobs with In 1957, a group of concerned hear a true Vermont artist share our herit- little pay and few, if any, benefits. businesspeople, professionals, and citi- age.’’ Children should not lose their health zens formed the Kiwanis Club of War- MacArthur said she was invited a few care because their parents work.∑ weeks ago, just after she returned from per- ren to help meet the needs in their f forming at the Folk Song Society in Wash- community which were not being ad- ington, D.C. HONORING THE CENTRAL/DELPHI dressed by government or charities. ‘‘But I’ve never sung at the Kennedy Cen- Since its beginning, the Warren ter for gosh sakes. It’s pretty exciting,’’ she FIRST TEAM Kiwanis has provided numerous serv- said in a telephone interview from her home ∑ Mr. LEVIN. Mr. President, I rise ices to people in need, including per- in Marlboro. today to recognize the achievements of sons with disabilities, senior citizens, The Kennedy Center annually celebrates a remarkable group from my home all 50 states with a performance by a local and people requiring medical care. The artist from each one. MacArthur will per- State of Michigan. A team of students Warren Kiwanis donated a bus to the form May 1, 1997. from Pontiac Central High School and Salvation Army, funded a fitness trail Accompanying herself at different times engineers from Delphi Interior and at a local park for disabled people, and on guitar, dulcimer and harp-zither, Mac- Lighting Systems won two national May 1, 1997 CONGRESSIONAL RECORD — SENATE S3919 awards at the prestigious FIRST [For support ratification absent certain cer- in the form of yet another inter- Inspiration and Recognition of Science tifications by the President prior to de- national agreement, no matter how and Technology] competition held posit of our instrument of ratification. many other nations have signed on. April 10–12 in Orlando, FL. Faced with the fact that the treaty is If the United States is to make a The Central/Delphi team received the largely unverifiable, some ratification unique moral statement as proponents tournament trophy as a finalist in the supporters argue that no treaty is 100 urge, we shouldn’t be stampeded into robotics competition, and the team percent verifiable, and that, while not ratifying this treaty ‘‘because other also won the competition’s highest perfect, the CWC is better than noth- nations have.’’ The United States honor, the Chairman’s Award, given to ing, especially since chemical weapons passed on joining the League of Na- the most comprehensive school-cor- are so morally objectionable. Pro- tions even though, as with the CWC, it porate partnership program among the ponents further assert that the CWC is had promoted the League in the begin- 155 competitors. As Chairman’s Award needed because it establishes an inter- ning and many other nations had de- winners, the team will be honored by national norm that stigmatizes these cided to join it. Too often the inter- President Clinton at a Rose Garden re- weapons; that the CWC will bring us national community has pronounced ception. some intelligence we do not now have itself greatly pleased at solving the The Central/Delphi FIRST team regarding the possession and manufac- latest crisis with yet another treaty helps to open young minds to science, ture of these weapons; and that it will like the Kellogg-Briand Pact of 1928 mathematics, and technology. Pontiac provide trade benefits to U.S. chemical which outlawed war as an instrument Central students also have an oppor- companies. Finally, they argue that we of national policy. And too often, as tunity to work at Delphi during the need to be a party to the treaty to pro- here, disappointment has followed be- summer, which helps them continue tect our interests as details of imple- cause of the disconnect between the learning outside of school and gain val- mentation are worked out by the var- good intentions and the hard reality. uable on-the-job training. The innova- ious parties. To the argument that we will look bad For the sake of argument, even as- tive CADET program, an extension of because it was our idea in the first suming that these relatively modest Central/Delphi FIRST, uses unique ac- place, opponents say that real respect benefits claimed for the treaty would tivities to promote the fun of math, is rooted in responsible, honest posi- in fact materialize, we believe these science and technology to students at tions; and that U.S. leadership in tak- claimed benefits do not outweigh the seven elementary and junior high ing a different approach will be re- costs. schools. As the presenter of the Chair- warded in the long term. man’s Award said, ‘‘The judges believe Opponents are convinced that the that this team has turned many chil- costs of ratifying the CWC outweigh It is not possible to ban the manufac- dren on to science and math. Through the advanced benefits in several impor- ture and possession of chemical weap- their strong partnership, FIRST be- tant respects, including the following: ons, and we should not delude ourselves came the avenue for an entire school of First, it would create a United Na- into thinking it is possible. What we talented students to reach personal tions-style bureaucracy, 25 percent of can do is back up our demand that no success.’’ the cost of which must be paid for by one use chemical weapons, with inter- The success of the Central/Delphi U.S. taxpayers. Second, it would put national cooperation based on the will team and the FIRST program in gen- American businesses under a finan- to punish violators so severely that use eral is a powerful example of what edu- cially burdensome, security-com- is deterred. That too is not easy; but, cators and corporations can do to im- promising, and quite possibly unconsti- as the use of nuclear weapons has been prove opportunities for our young men tutional inspection regime. Third, it deterred, so too can the use of chemical and women. I commend Delphi Interior would exacerbate the chemical threat weapons be deterred if we have the and Lighting for their commitment to we face by undermining existing multi- will. education. I am proud of the talented lateral trade restrictions, sanctions, THE CWC IS NOT GLOBAL and embargoes the United States has students who achieved so much at this The original goal of the CWC was placed on rogue countries like Iran and prestigious competition. I hope my col- that it would ban the manufacture and Cuba. Fourth, it would require infor- leagues will join me in congratulating use of chemical weapons by all the na- mation sharing that signatory nations, the young men and women of Pontiac tions of the world. Unfortunately, the if so inclined, could use to advance Central High School and the employees countries with chemical weapons that their chemical weapons programs. of Delphi Interior and Lighting for we are most concerned about—Iraq, Fifth, the convention would give the their achievements at the sixth annual Libya, Syria, and North Korea—have Nation with the largest CW stockpile— FIRST competition. not yet signed the CWC, let alone rati- Russia—an excuse to abrogate the Bi- f fied it. Pakistan, Iran, and Russia also lateral Destruction Agreement [BDA] have chemical weapons programs; CHEMICAL WEAPONS CONVENTION it entered into with the United States while they have signed the agreement, Mr. KYL. Mr. President, everyone to destroy chemical weapons. And this ∑ they may not ratify. So, the nations agrees that ridding the world of chemi- is not hypothetical speculation—there that pose the most serious threat may cal weapons is a noble and worthy goal are growing indications Russia does never fall under the CWC’s strictures. to pursue. These are weapons that no not intend to comply with the BDA, nation should have in its stockpile— which is much more restrictive than Nor is the CWC global in terms of the and that includes the United States. the CWC. Sixth, the prospect of ratifi- chemical substances it covers. While it By law, the U.S. stockpile will be de- cation would create—there are already prohibits the possession of many dan- stroyed whether or not the Chemical signs that it is creating—a false sense gerous chemicals, two that it does not Weapons Convention [CWC] is ever of security that encourages the United prohibit were employed with deadly ef- ratified by the Senate. Opponents of States to let its guard down on defend- fect in World War I: phosgene and hy- the Convention support that action. ing against the use of chemical weap- drogen cyanide. But they are too wide- Notwithstanding agreement on the ons against American troops. Seventh, ly used for commercial purposes to be goals of the CWC, we do not believe it degrades the value of treaties and banned, which speaks volumes about that this treaty can ever achieve the moral statements because all nations this treaty’s impracticality. goals. It will not accomplish its objec- understand it is unenforceable. Nor does the CWC control as many tive of being global, verifiable, and ef- The CWC represents hope over re- dangerous chemicals as does an export fective ban on these weapons. More- ality. It makes people feel good to say control regime currently employed by over, because of deficiencies in the they have done something about a 29 industrialized countries. The Aus- treaty—which, by its terms, adopting class of weapons we all abhor. But sign- tralia Group regime already controls parties must ratify wholesale without ing this piece of paper is not going to trade in 54 chemicals that could be amendment—we believe the United solve the problem—and that’s the prob- used to develop chemical weapons. Of States is better off without the CWC lem. Hard problems can’t be wished the 54 chemicals subject to the Group’s than with it. As a result, we could not away with naive hopes and tough talk export controls, 20 are not covered by S3920 CONGRESSIONAL RECORD — SENATE May 1, 1997 the CWC. That list of 20 includes potas- Lawrence Livermore National Labora- chemicals—in under nine hours. Judge sium fluoride, hydrogen fluoride, potas- tory. Webster said: sium cyanide, and sodium cyanide, all Countries which have organophosphorus Because of the equipment needed to used in making chemical weapons. pesticide plants could convert or divert pro- produce chemical warfare agents can also be Finally, there are news reports that duction toward weapons material without used to produce legitimate industrial chemi- Russia has produced a new class of bi- major effort. . . . Competent chemical engi- cals, any pharmaceutical or pesticide plant nary nerve agents many times more le- neers with diversified experience could de- can be converted to produce these agents. A sign equipment capable of meeting minimum thal than any other known chemical nation with even a modest chemical industry operating objectives. . . . Only a few thou- could use its facilities for part time produc- agents. These agents are reportedly sand dollars would be needed for piping and tion of chemical warfare agents. Libyan made from chemicals used for indus- seals, several hundred thousand dollars Leader Quadaffi, in a speech delivered in Oc- trial and agricultural purposes and are [would be needed] for specialized equipment. tober, claimed that the facility at Rabta is not covered by the CWC. In February Not only that, but different processes intended to produce pharmaceutical, not 1997, the Washington Times disclosed can be used to produce the same agent. chemical warfare agents. He proposed open- that under this program, ‘‘the Russians Nations wishing to conceal the devel- ing the complex for international inspection. could already produce pilot plant quan- opment of chemical agents can employ But within fewer than 24 hours, some say 81⁄2 tities of 55 to 110 tons annually of two multiple processes. Therefore, unearth- hours, it would be relatively easy for the Libyans to make the site appear to be a new nerve agents—A–232 and A–234. ing a covert program under the CWC’s pharmaceutical facility. All traces of chemi- These agents can also reportedly be provisions will be nearly impossible. It cal weapons production could be removed in made from different chemical formula- just doesn’t take much money, much that amount of time. tions allowing the agents to be pro- time, much space, or much security to Therefore, the treaty fails to satisfy duced in different types of facilities, produce chemical weapons. its two principal premises: it is neither depending on the raw material and That adequate verification is illusory global nor verifiable. Proponents con- equipment available. For example, one under this treaty is now widely ac- cede this point to one degree or an- version of an agent can be produced knowledged by technical experts and other, but argue that, on balance, it is the U.S. intelligence community alike. using a common industrial solvent— still better than nothing. Opponents Even supporters of the treaty—like acetonitrile—and an organic phosphate believe, to the contrary, that the trea- former ACDA Director Ken Adelman— compound that can be disguised as a ty would actually create more prob- confirm that it is not verifiable. In his pesticide precursor. In another version, lems than it solves. soldiers need only add alcohol to a editorial endorsing the treaty, Mr. WHAT HARM IN APPROVING THE CWC? premixed solution to form the final CW Adelman conceded this point up front Proponents say the deficiencies in agent. stating, ‘‘Granted, the treaty is vir- tually unverifiable. And, granted, it the treaty are outweighed by the moral THE CWC IS NOT VERIFIABLE statement it makes in establishing an The second original goal of the con- doesn’t seem right for the Senate to ratify an unverifiable treaty.’’ international norm against the posses- vention was that it was to be verifi- sion of chemical weapons; by the trade able. CWC negotiators in Geneva were We also have the experience of the U.N. team charged with inspecting benefits it will bring to U.S. chemical told by then-Vice President George companies; and by marginal gains in Bush on April 18, 1984: Saddam Hussein’s military establish- ment as proof of the difficulties of de- intelligence if we become a party to For a chemical weapons ban to work, each the treaty. party must have confidence that the other tection when a country is determined parties are abiding by it. . . . No sensible gov- to develop these weapons. Even with MORAL STATEMENT ernment enters into those international con- the most intrusive searches—which By definition, to have the influence tracts known as treaties unless it can ascer- hundreds of inspectors have conducted and weight of a moral statement, an tain—or verify—that it is getting what it over five years in Iraq—evidence of action must be genuine. A treaty that contracted for. weapons development has only belat- cannot prevent those who sign on to it As it turns out, however, the treaty edly been uncovered. It is likely that from cheating, and that, even if cheat- fails to achieve this primary objective Iraq will continue to have a CW pro- ing were discovered, would not apply as well. A recently declassified portion gram and that the U.N. inspectors will meaningful punishment to the viola- of an August 1993 National Intelligence continue to miss much of it even with tor—such a treaty is essentially hol- Estimate reads: intrusive inspection. The CWC’s inspec- low. History shows that hollow dec- The capability of the intelligence commu- tion regime pales in comparison to the larations are worse than none at all. A nity to monitor compliance with the Chemi- regime in Iraq, and the treaty’s ver- commitment honored more in the cal Weapons Convention is severely limited ification provisions will not enable us breach than the observance is not a and likely to remain so for the rest of the to catch cheaters. moral statement; it fools no one and it decade. The key provision of the monitoring Terrorist groups present a special deters no one. regime—challenge inspections at undeclared sites—can be thwarted by a nation deter- problem because they can buy chemi- Proponents of ratification argue that mined to preserve a small, secret program cals locally and manufacture weapons at least this treaty would be a tool in using the delays and managed access rules in very small spaces. In 1995, the Aum the hands of diplomats who would at- allowed by the Convention. Shinrikyo cult in Japan produced sarin tempt to dissuade cash-strapped coun- Former Director of the CIA, James gas from components bought in Japan, tries from selling chemicals to rogue Woolsey, said in testimony two years and assembled this noxious agent in a nations to advance their CW programs. ago before the Senate Foreign Rela- room 8 by 12 feet in size, using legiti- But, countries can easily ignore the tions Committee that: mately produced chemicals. treaty and export even the more dan- The chemical weapons problem is so dif- In addition to the problems just out- gerous chemicals because it is so dif- ficult from an intelligence perspective, that lined—of dealing with closed societies ficult to verify compliance, and be- I cannot state that we have high confidence like Iraq, of sorting out the military cause there is no real enforcement in our ability to detect noncompliance, espe- from the commercial manufacture of mechanism. The CWC will be adhered cially on a small scale. chemicals, and of detecting CW activi- to by nations that have no intention of The problem, of course, is that manu- ties that might take place in the small- doing what it prohibits —with or with- facture of the ingredients used in est of nooks and crannies—conceal- out the treaty—and will be ignored by chemical weapons is so common, so ment is also facilitated by the treaty those who choose to ignore it—whether universal, and so easy that the obsta- itself because it allows ample time for or not they are parties. There simply is cles to verification are enormous. inspected parties to hide what they are no effective enforcement—no ability to Processes involved in the production of doing. Judge William Webster, former catch cheaters and no punishment, in pesticides, for example, are strikingly Director of the FBI and of the CIA, tes- any event. similar to the processes used to develop tified before the Senate Foreign Rela- Under Article XII of the CWC, parties weapons like mustard gas. According tions Committee that a facility pro- caught violating treaty provisions are to a January 1992 report by a team of ducing chemical warfare agents could simply threatened with a restriction or analysts led by Kathleen Bailey of the be cleaned up—without any trace of suspension of convention privileges. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3921 Those privileges are simply the right It matters how we make a moral fected, although the OTA estimated in to participate in the treaty. At worst, statement. Papering over a problem 1992 that 10,000 companies would come a report will be sent to the U.N. Gen- with a treaty is not an effective moral under the CWC’s strictures. eral Assembly and the U.N. Security statement. If everyone knows going The treaty entails routine inspec- Council. With no predetermined sanc- into it that the CWC, despite its moral tions of specified chemical producers. tions in place to deter potential viola- pretensions, is unverifiable and ineffec- ACDA acknowledges that many indus- tors, the CWC is doomed to ineffective- tive, this merely engenders cynicism tries outside the chemical industry will ness. about international treaties. The out- be required to fill out forms and open Finally, there already is an inter- rage that the use of these weapons stirs their books to international inspectors, national norm against chemical weap- in us is undermined when we enter a including: ons that is both global and verifiable. treaty with a nod and a wink. Sherwin-Williams Co., Safeway Stores, Inc., Quaker Oats Co., Kraft The 1925 Geneva Protocol outlaws the PUBLIC HARM use—not the mere possession—of chem- Foods Ingredients, Maxwell House Cof- The argument that the treaty may fee Co., Conoco, Inc., Gillette Co., ical weapons. In World War II, the Pro- not be perfect but at least it does not tocol was enforced by the allied lead- Strohs Brewery, ADM Corn Processing do any harm is not only an exceedingly Division, Colgate-Palmolive Co., Xerox ers’ threat to respond in kind to any weak justification for the treaty, but chemical attack. But after Iraq used Corp., Castrol, Inc., General Motors an inaccurate one. There are signifi- Corp., Goodyear Tire & Rubber Co., chemical weapons against its Kurdish cant public and private costs were we population and Iranian soldiers in the Simpson Timber Co., Lockheed-Martin to participate in the CWC. Corp., Kaiser Aluminum, and Browning late 1980’s, diplomats met to address First, it creates a new U.N.-type bu- this heinous war crime. These dip- Seed, Inc. reaucracy, a new international organi- For some companies, especially lomats, faced with incontrovertible zation called the Organization for the small- and medium-sized establish- evidence of an Iraqi abrogation of the Prohibition of Chemical Weapons ments, the production data reporting Geneva Protocol, were not able to [OPCW], located in The Hague. The requirements in the CWC are budget agree on sanctioning Iraq and we could OPCW will oversee implementation of busters. Depending on the types and not even agree to list that country by the treaty. Based on studies by the numbers of controlled chemicals made name in a statement condemning the Congressional Office of Technology As- or used by the company, these records attack. If the world community could sessment [OTA] and the General Ac- can run $50,000 to $150,000 per year to not muster the will to punish an obvi- counting Office, total direct costs of maintain and report. ous violation like that, how are the the treaty to the U.S. taxpayer could The administration provided me with CWC participants going to summon the reach $200 million annually. That in- a list of 81 companies in Arizona that will to sanction a mere possessor or cludes the U.S. obligation to cover one- could be affected by the treaty because manufacturer of these weapons on evi- fourth of the operating budget of the they utilize industrial chemicals lim- dence that may be much less conclu- OPCW. This year, the administration is ited by it. I contacted 25 of those com- sive than the proof of use by Iraq? requesting a total of nearly $130 mil- panies to find out if it knew about the Indeed, as in Hans Christian Ander- lion, of which $52 million is destined CWC and its ramifications for them. sen’s fairy tale, the real moral state- for the OPCW in The Hague. Many company officials were not aware ment may be in exposing the naked Moreover, Russia has said it will not of the treaty, or were aware of it only truth about this ineffectual document. ratify the CWC unless it is given a sig- vaguely. Several reported back with It could be that, despite all the fine nificant amount of Western aid to pay calculations of what compliance would words about the treaty—or the emper- for the destruction of its chemical cost them. One Phoenix company esti- or’s fine clothes—there is actually weapons. The figure often mentioned in mates an annual cost of $70,000 a year nothing here. this context is $3.3 billion. But when to complete the treaty’s reporting re- Given the United States’ preeminent Russia realizes the magnitude of the quirements. Officials at the company position as the sole remaining super- undertaking, this may prove to be a also told me that tracking the produc- power after the end of the cold war, we drastic underestimation. After all, de- tion and use of industrial chemicals should make a moral statement. We do struction of the United States chemi- back to 1946, as the treaty also re- it by destroying our own stocks—which cal stockpile, which is smaller than quires, ‘‘would be impossible because we are doing; by admitting that the that of Russia, will cost us at least $11 such historical data no longer exists.’’ CWC is so flawed that it is not effective billion. According to a Tucson construction in its current form; by working to de- company, the costs don’t end there. As HARM TO PRIVATE INDUSTRY velop an effective enforcement regime its officials wrote to me: ‘‘In order to for the Geneva Protocol; and by push- Ratifying the treaty would harm U.S. state without reservations that we do ing forward with our bilateral CW de- industry in basically three ways: First, or do not have in our possession any of struction efforts with Russia and, per- it imposes a costly new regulatory bur- the chemicals or their constituents, we haps, other nations. den on American industry. Second, it is would have to either hire a consultant There are many multilateral treaties the first arms-control treaty in history versed in chemistry or put a chemist on the books—such as the Law of the that subjects private companies to in- on our staff for the assurance and de- Sea Treaty, the Convention on the spections by agents of foreign govern- termination of our strict adherence.’’ Elimination of All Forms of Discrimi- ments, which could well portend a loss Under the treaty, thousands of U.S. nation Against Women, and the Con- of trade secrets. Third, for the first companies will be subject to routine vention on the Rights of the Child— time ever, U.S. citizens will be subject inspections. When inspectors show up that make high moral statements to a treaty that involves the reach of at its doorstep, one company said, ‘‘we which few pay attention to because the international authorities, raising sig- would be greatly concerned that such a United States has not ratified them. nificant constitutional issues. Unlike visit might compromise confidential There are currently 48 treaties pending any treaty we have ever ratified, the business information.’’ before the Senate. Because of the Unit- CWC requires prosecution of individual POTENTIAL LOSS OF PROPRIETARY INFORMATION ed States’ preeminent position, our American citizens for treaty viola- The greatest potential for loss of unilateral actions often speak louder tions. Its inspection regime poses a po- trade secrets is with the challenge in- than anything else. To return to the tential threat to the constitutional spections that the treaty allows. These point I made at the outset: we already rights of U.S. citizens. challenges could occur at literally any have a policy in place. Through Public REGULATORY BURDEN building on U.S. territory—even a com- Law 99–145, the United States is com- Every U.S. company that produces, pany that does not have a CWC report- mitted to destroying the bulk of its processes, or consumes a scheduled ing requirement. Sophisticated equip- chemical weapons by the year 2004. chemical will be subject to new regu- ment, such as mass spectrometers, will Through our actions we demonstrate latory requirements, including a dec- be used by the international inspec- U.S. leadership in ridding the world of laration burden. ACDA estimates that tors. They can glean proprietary infor- chemical weapons. 3,000 to 8,000 companies will be af- mation, such as the process used to S3922 CONGRESSIONAL RECORD — SENATE May 1, 1997 make a biotechnology product. Also, rights of American citizens, on the one entitled to compensation’’ when there clandestine sampling and data collec- hand, and the need for international in- are leaks of proprietary information as tion by inspectors would be hard to de- spectors to be as intrusive as possible, a result of government action. So, even tect and stop. on the other hand. The administration treaty proponents say ‘‘just compensa- In 1992, the OTA identified examples believes the treaty strikes the right tion’’ for takings under the U.S. Con- of proprietary information that could balance. I believe the treaty institu- stitution may well come into play. We be compromised: tionalizes the worst of both worlds: an have not adequately considered what The formula of a new drug or spe- unverifiable treaty that, nevertheless, kind of a compensation commitment cialty chemical; also infringes on U.S. citizens’ con- we are making through this treaty, and A synthetic route that requires the stitutional rights. We get a company in what kind of an obligation we are let- fewest steps or the cheapest raw mate- Phoenix spending a lot of money open- ting U.S. taxpayers in for if we ratify rials; ing up its premises and disclosing cor- it. The form, source, composition, and porate information, in exchange for An Impossible Balance: Proponents purity of raw materials and solvents; which we have no assurance at all that acknowledge there may be legal prob- Subtle changes in pressure or tem- we can deter someone preparing nox- lems with the treaty; however, the U.S. perature at key steps in the process; ious chemical agents halfway around Senate cannot tinker with the treaty Expansion and marketing plans; the world. language. Article XXII says that ‘‘the Raw materials and suppliers; As Judge Robert Bork said in a re- Articles of this Convention shall not be Manufacturing costs; cent letter to Senator HATCH that subject to reservations.’’ Still, pro- Prices and sales figures; international inspectors collecting ponents claim that the legal problems Names of technical personnel work- data and analyzing samples ‘‘may con- can be fixed by carefully crafting the ing on a particular subject; and stitute an illegal seizure’’ under the implementing legislation. Fixing the Customer lists. takings clause of the fifth amendment. treaty in this way seems doubtful at Also according to OTA, the means by The U.S. Government owes a citizen best—at least if the intention is to which sensitive business information just compensation, under this amend- leave the treaty as anything more than could be acquired by foreign inspectors ment, for an illegal seizure of intellec- a fragile shell that will fall apart on include the following: tual property. the first occasion that someone objects Manifests and container labels that dis- Participating in the CWC could re- to an inspection on U.S. soil. The ad- close the nature/purity of the feedstock and sult in hundreds of millions of dollars ministration has now agreed to require the identity of the supplier. lost to companies from industrial espi- criminal warrants and a determination Instrument panels that reveal precise tem- of probable cause for every nonvol- perature and pressure settings for a produc- onage undertaken during or as a result tion process. of the international inspection of their untary challenge inspection and to Chemical analysis of residues taken from a facilities. The OTA pointed out in a seek administrative search warrants valve or seal on the production line. 1993 report that the chemical industry for nonvoluntary routine inspections. Visual inspection of piping configurations ‘‘is one of the top five industries tar- How does this square with our inter- and instrumentation diagrams that could geted by foreign companies and govern- national obligation to allow inspec- allow an inspector to deduce flow and proc- ments and that the problem of indus- tions to proceed? Constitutional fixes ess parameters. to the implementing legislation will Audits of plant records. trial espionage is growing.’’ The OTA explained just how much is at stake for not be compatible with the CWC’s de- Clearly, while it is difficult to assess any given company: ‘‘Development and pendence on an intrusive inspection re- the potential dollar losses that may be testing of a new pesticide,’’ according gime. This incompatibility means that associated with the compromise of pro- to the OTA, ‘‘takes an average of 10 we will have entered into a promise we prietary business data, information years and $25 million. Innovation in know, under our Constitution, we will gleaned from inspections and data dec- the pharmaceutical industry is even not be able to keep. larations literally could be worth mil- costlier.’’ A new drug, estimates the Rest assured that we will probably be lions of dollars to foreign competitors, OTA, requires an average of 12 years of copied—and by nations that may have and U.S. companies have little recourse research and an after-tax investment of something to hide. If the United States against frivolous inspections. roughly $194 million—estimated in 1990 argues that it can provide constitu- Proponents of the treaty note that dollars.’’ And please keep in mind these tional protections with implementing the Chemical Manufacturers Associa- figures do not include the lost revenues legislation, countries like Iran, China, tion (CMA) supports the agreement de- due to lost sales. or Russia, or any other participating spite its inspection regime. Opponents Incidents of industrial espionage are nation will be able to point to what note that the CMA represents about 190 not uncommon. The OTA study on the we’ve done and similarly modify their of the 3,000 to 8,000 companies likely to CWC also discussed the results of a sur- interpretation of the CWC to suit their be affected by the treaty. Other trade vey of U.S. companies in which 8 of 11 own objectives. associations representing a larger num- firms responding reported attempts to Nations of laws like the United ber of firms, like the Aerospace Indus- misappropriate proprietary business in- States will both comply with the CWC tries Association of America [AIA], formation. The 8 affected companies and protect constitutional rights, whose firms collectively are the second reported a total of 21 incidents, 6 of while violators will use constitutional largest U.S. exporter of goods and serv- which cost the companies $86.25 mil- rights to get away with storing or ices, the U.S. Business Information lion. building chemical weapons. A global Committee, and the Small Business The CWC does not have a procedure ban on possessing chemical weapons Survival Committee oppose the CWC. for victimized companies to recover that respects constitutional rights, LEGAL ISSUES damages, or to punish any foreign in- therefore, can be violated at will. And, The Senate Judiciary Committee spectors who participated in the theft an airtight ban on possessing chemical hearing held on September 10, 1996, of proprietary information. In fact, the weapons—if one were possible—cannot confirmed that there are serious legal treaty explicitly prohibits a victimized protect constitutional rights. Pointing difficulties associated with the CWC. company from taking legal action this out is not trying to have it both The international inspections it re- against the new international inspec- ways; rather, it is acknowledging the quires may result in violations of the tion organization. That leaves the U.S. futility of pursuing this kind of solu- constitutional rights of the officers of Government to provide indemnity. tion. U.S. firms, specifically their rights A CWC proponent, Professor Barry INTELLIGENCE GAINS FROM THE CWC ARE under the fifth amendment to the U.S. Kellman of DePaul University, wrote ILLUSORY Constitution. Also, attempts to fix in 1993 that ‘‘loss or disclosure of con- Terrorism these legal shortcomings by changing fidential information of the Technical A major advantage of this treaty, ac- the implementing legislation confront Secretariat—the agency created by the cording to proponents, is that it will the problem of striking a balance be- treaty—may have constitutional impli- provide U.S. intelligence agencies with tween respect for the constitutional cations because trade secret owners are information they can use to protect May 1, 1997 CONGRESSIONAL RECORD — SENATE S3923 American citizens. One of the more ex- ally used chemical weapons to kill sent to ratification of the CWC, U.S. travagant claims of CWC proponents in thousands of Kurdish noncombatants chemical companies will be subject to the administration, in fact, is that par- in 1988, teaches a sobering lesson. The trade restrictions, which will place $600 ticipating in the CWC will help us fight team of U.N. inspectors concentrating million of annual chemical trade at terrorism. During his State of the full-time on Iraq—which would not, of risk. On the surface, CMA appears to Union Address in February, President course, be the case with the OPCW in- have maintained a consistent estimate Clinton said the CWC would ‘‘help us spectors who will have worldwide re- of the CWC’s impact on U.S. chemical fight terrorism.’’ sponsibilities—has uncovered some new trade since the Senate first considered His implication departs from the oth- developments in Saddam Hussein’s the treaty last September. Close exam- erwise relatively objective and limited chemical weapons program, but even ination of the facts, however, reveals claims made for the treaty. It is unsub- their most thorough and sustained in- that CMA’s estimate has shrunk con- stantiated by any analysis or evidence. spections have not found everything. siderably over time and appears to A declassified section of a Defense In- Inspections under the CWC, under far overstate any potential negative im- telligence Agency document of Feb- less intensive circumstances, will not pact of nonratification. ruary 1996 states: ‘‘Irrespective of hamper a regime determined to have CMA’s initial estimate stated that whether the CWC enters into force, ter- these frightful weapons. $600 million of annual U.S. chemical rorists will likely look upon CW as a Proponents say over and over again exports would be placed at risk. means to gain greater publicity and in- that we are better off inside the treaty When the President of the associa- still widespread fear. The March 1995 than outside, because of the store of tion met with me in February, he ex- Tokyo subway attack by Aum data we will get out of the reporting plained that CMA had refined its ini- Shinrikyo would not have been pre- regime and the inspection process. But tial estimate and now believed $600 vented by the CWC.’’ where will this information come million in two-way trade would be af- A CIA report of May 1996, a portion of from? Being inside the treaty offers lit- fected, with only $281 million in annual tle insight into the actions of potential which has been declassified, makes the exports of Schedule 2 chemicals placed violators because: First, rogue states same point: ‘‘In the case of Aum at risk. Shinrikyo, the CWC would not have outside of the treaty will not be in- In a letter to me on March 10, CMA spected by the OPCW; second, the trea- hindered the cult from procuring the revised its figures yet again, stating ty annex states that the OPCW cannot needed chemical compounds used in its that the upper-bound estimate now in- release to any nation information production of sarin. Further, the Aum dicated $227 million in annual U.S. deemed to be confidential; third, while would have escaped the CWC require- Schedule 2 chemical exports would be ment for an end-use certification be- some OPCW inspectors will no doubt be Americans, the treaty annex on con- jeopardized by nonratification. cause it purchased the chemicals with- The $227 million represents about 0.38 fidentiality states that inspectors are in Japan.’’ The CWC does not help deny percent of total U.S. chemical exports, required to sign individual secrecy terrorists easy access to nerve gas and agreements with the OPCW, therefore indicating that if we accept CMA’s fig- other chemical weapons, among other they can’t give American intelligence ures at face value, over 99.6 percent of reasons, because terrorists can simply agencies any proscribed information. If U.S. chemical exports will be unaf- obtain their chemicals in their own we play by the rules, just where is this fected by failure to ratify the CWC. country for ostensibly legitimate pur- intelligence data going to come from? Even CMA’s revised estimate appears poses—they do not have to import Finally, history shows that states are to greatly overstate the impact of non- them. not very likely to call attention to ratification. Intelligence regarding nations’ CW programs treaty violations that intelligence- More than half of CMA’s export esti- Nor will participating in what the gatherers learn about because the dip- mate is based on exports of one chemi- columnist George Will called ‘‘the lomatic considerations frequently su- cal—amiton. Amiton is a pesticide in- Chemical Weapons Convention’s im- persede treaty enforcement. Recall, for gredient that is banned in the United pressively baroque, but otherwise example, the phased-array radar sta- States, Europe, Japan, and Canada— unimpressive, scheme of inspection and tion at Krasnoyarsk, in the then-So- America’s principal chemical export enforcement’’ add much to our knowl- viet Union, which violated the Anti- markets—but is widely exported to Af- edge of other countries’ CW programs. Ballistic Missile Treaty. Our intel- rican states, a large number of which Former Deputy CIA Director Richard ligence reports were effectively ignored are not CWC signatories. While we may Kerr said it is true that we will know so as not to force the United States to not be able to ascertain the exact per- a lot more about some countries, but take action against the Soviet Union centage of U.S. amiton trade to non- only those ‘‘that are least likely to de- for violating the treaty. We thought CWC signatories, such trade likely con- velop and use these weapons.’’ We will the higher priority was to maintain stitutes the bulk of the overall amiton have gone to a lot of trouble and ex- good relations with the Soviet Union, market and would be unaffected by pense, in other words, to learn that which would have become strained if CWC sanctions. Belgium is not violating the treaty. we used our intelligence to expose that CMA’s upper-bound estimate that The costs are simply not worth the nation’s violations. Russian violations $426 million in U.S. chemical imports benefits we gain. of the Biological Weapons Convention, will be affected is also suspect. Over 50 Our real intelligence payoff, as a gen- moreover, are noted each year in percent of the import estimate is based eral matter, is in intrusive U.S. intel- ACDA’s Pell report on arms-control on trade in one group of chemicals ligence collection and sophisticated compliance, yet nothing is ever done to which CMA admits ‘‘may reflect broad- U.S. analysis, not in a group of inter- make Russia comply. Intelligence can er chemical families,’’ implying the es- national inspectors making spot in- be helpful until it reveals treaty viola- timate may include trade in related spections—looking for the proverbial tions, then it becomes submerged and chemicals not restricted by the CWC. needle in a haystack—and giving plen- subordinated to diplomatic consider- In addition, the U.S. has the most ad- ty of advance notice to anyone actu- ations. vanced chemical industry in the world. ally suspected of violating this treaty. CHEMICAL INDUSTRY NOT HARMED BY Although short term disruptions might In fact, the international inspectors REJECTING CWC occur if United States firms were un- themselves, according to former Dep- The third claim made by CWC pro- able to import certain chemicals, uty CIA Director Kerr, will have to ponents—based largely on the rec- American industry would almost cer- rely on U.S. intelligence to be able to ommendations of the Chemical Manu- tainly be capable of producing the do their jobs. This compromises our facturers Association—is that there is same chemicals currently purchased own sensitive information and our own financial harm in not ratifying this from abroad. methods of collecting that informa- agreement. But the CMA’s argument In preparing its estimate, CMA used tion. that we have to get on board this train U.S. Government data on chemical Intelligence is difficult to gather in a or we will miss out, is just not true. trade and a complex methodology closed society, and the case of United The initial estimate from CMA which includes estimates of growth in Nations scrutiny of Iraq, which actu- claims that if the Senate fails to con- U.S. trade and worldwide GNP, as well S3924 CONGRESSIONAL RECORD — SENATE May 1, 1997 as other factors. CMA did not ask its FOREIGN AND DEFENSE POLICIES HARMED BY If history is any guide, we may well own member companies—which collec- THE CWC see those vulnerabilities increase. tively produce about 90 percent of all To review, then, all three advantages After the Biological Weapons Conven- chemicals manufactured in the United claimed for this treaty—stigmatizing tion came into force in 1972, the U.S. States—to provide figures on chemical chemical weapons all across the globe, biological defense program withered, imports and exports. This would have increased intelligence, maintaining our with funding cut by 50 percent—not be- given us a simple, reliable estimate of competitive advantage in the chemical cause defenses were outlawed by that the actual impact of CWC nonratifica- trade—are either nonexistent or so treaty, but because of constant criti- tion. CMA claims its members consider slight they hardly matter considering cism by arms-control advocates who this data to be confidential and would the serious negative consequences of saw them as contrary to the spirit, al- not provide it, although far more de- ratifying this treaty. I would now like though not the letter, of the Biological tailed accounting will be required to briefly address the harm to our for- Weapons Convention. under the CWC. eign and defense postures were we to Given the administration’s dem- Although CMA has publicly discussed accept this agreement in its current onstrated lack of emphasis to chemical possible business losses from nonratifi- form. defenses, we can expect that when fi- cation, none of its member companies THE CWC CREATES A FALSE SENSE OF SECURITY nancial cuts are required to meet de- have informed their stockholders of I believe that we run the risk of re- clining budgets, funds for hedging any potential adverse impact. ducing the priority of U.S. chemical against violations of an allegedly com- defense programs if we sign on to a prehensive treaty will make an attrac- Since the administration pulled the weighty moral statement and a com- tive target. treaty from Senate consideration in plicated—but ineffective—effort to out- TREATY UNDERMINES EXISTING INTERNATIONAL September 1996 none of the CMA’s 193 law these objectionable weapons. The INSTRUMENTS members have filed an 8–K form with Department of Defense allocates less Saddam Hussein used chemical weap- the Securities and Exchange Commis- than 1 percent of its budget to chemi- ons not only in 1988 against the Kurds, sion [SEC], notifying their stockhold- cal and biological weapons defense ac- but earlier in the decade against the ers of this potential adverse impact tivities, and yet annual funding for Iranian population in the Iran-Iraq and none have discussed it in their an- this area has decreased in real terms war. It was in the wake of confirmation nual 10–K filings. by over 22 percent since the Persian of Iraq’s use of chemical agents in 1984 An 8–K filing is required to ‘‘* * * re- Gulf conflict, from $792 million in fis- that the Australia Group was formed, port the occurrence of any material cal year 1992 to $619 million requested to try to stop the military use of these events or corporate changes which are for fiscal year 1998. With chemical substances. The Australia Group re- of importance to investors or security weapons defense programs already un- gime will be undercut by the more le- holders and previously have not been derfunded, the Chairman of the Joint nient CWC, as I have already indicated. reported by the registrant.’’ Chiefs of Staff, General Shalikashvili, And that is not the only international Form 10–K is the annual report most recommended in February 1996 that instrument that will be undercut by companies file with the SEC and pro- chemical and biological defense pro- this treaty. vides a comprehensive overview of the grams be slashed by over $1.5 billion U.S.-RUSSIAN BILATERAL DESTRUCTION firm’s business. through 2003. This recommendation AGREEMENT CMA claims none of its companies was made only weeks before General The U.S. approach to the problem are legally required to file such forms Shalikashvili testified before the Sen- posed by Russia—which does not be- due to uncertainty over whether the ate Foreign Relations Committee that long to the Australia Group—has been CWC will be ratified and since none of the Department of Defense [DOD] was to hammer out a bilateral agreement the firms will have more than 10 per- committed to a robust chemical de- with that nation. The Bilateral De- cent of its sales affected by nonratifi- fense program. This is the kind of false struction Agreement of 1990 requires cation. The SEC defines material sense of security induced by signing both the United States and Russia to changes as those that affect at least 10 treaties such as the CWC. stop producing chemical weapons and percent of a company’s sales. This ad- It should seem obvious that ratifying to reduce their active stockpiles to no mission further undermines their posi- this treaty does not mean we will not more than 5,000 metric tonnes. The tion that nonratification will be ex- face a chemical threat. Because of the United States has begun to destroy its tremely detrimental to U.S. chemical proliferation of covert chemical capa- chemical weapons. Political turmoil in companies. bilities, U.S. combat operations may Russia has made ensuring Russian expose military forces to lethal chemi- compliance difficult at best. Moscow Finally, CMA has not determined the cals in the future. Any deficiencies in has not even begun to reduce its stock- costs to its members for CWC imple- U.S. chemical protective, reconnais- pile, which is the largest in the world. mentation. The increased costs of com- sance, and decontamination capabili- Russia has signed the CWC but not plying with the treaty’s reporting re- ties will exacerbate the likely casual- yet ratified. Russian officials can now quirements and preparing for inspec- ties. dangle before United States officials tions are substantial. As I mentioned This is not a theoretical problem. A the possibility that the Duma will rat- earlier, one Phoenix company esti- 1996 GAO study found that deficiencies ify the CWC some day, and in this way mates it will cost $70,000 per year to in U.S. chemical and biological defense justify Moscow’s current inaction. In- comply with the treaty’s reporting re- training and equipment identified dur- deed, there are indications that our quirements. In addition, companies ing Operation Desert Storm still re- push to ratify the CWC has moved the will incur substantial costs to host in- main. Russians toward outright renunciation spections. The Department of Defense In testimony before the House Com- of the BDA. has estimated that the cost of hosting mittee on National Security Commit- Compliance with the BDA begins, of inspections of facilities engaged in tee, the GAO stated, ‘‘The primary course, with truthful and complete dec- highly proprietary activities like the cause for deficiencies in chemical and larations of chemical weapons data. production of advanced composite ma- biological weapons preparedness is a ACDA’s 1995 Pell report noted that terials ‘‘could be as high as $200,000 to lack of emphasis up and down the line Russia has refused to accept the BDA’s $500,000.’’ of command in DOD.’’ The situation re- key provisions and has ‘‘taken a When we add up the costs of comply- sults from the ‘‘generally lower prior- minimalist approach to declaration re- ing with the CWC’s regulatory burden, ity DOD—especially the Joint Chiefs of quirements and verification costs of the costs of hosting inspections, the Staff and the war-fighting Command- CW production facilities that is incon- costs from the potential loss of con- ers-in-Chief—assigns chemical and bio- sistent with the CWC.’’ To comply with fidential business information, and the logical defense as evidenced by limited the 1989 memorandum of understanding loss of constitutional protections, its funding, staffing, and mission priority with us which led up to the BDA, Rus- clear that the costs far outweigh the chemical and biological defense activi- sia declared 40,000 metric tonnes of benefits of this treaty. ties receive.’’ agent. This declaration has prompted May 1, 1997 CONGRESSIONAL RECORD — SENATE S3925 challenges of the veracity of Russian novichok agents will simply be added In other words, if the United States reporting. to the CWC’s list of controlled sub- and Iran were to ratify the conven- CIA Director James Woolsey said in stances understate the danger and dif- tion—as Cuba has already done—Tehe- June 23, 1994 testimony before the For- ficulty of this proposition. ran would have a powerful claim to eign Relations Committee that the Should the United States learn the override American-led restrictions in United States had ‘‘serious concerns composition of such agents, it is un- the chemical field. over apparent incompleteness, incon- likely we would seek to add these Article XI further specifies that sistency and contradictory aspects of chemicals to the CWC annex since add- states parties shall: the data’’ submitted by Russia under ing the compounds means making pub- Undertake to facilitate, and have the right the memorandum of understanding. On lic the chemical structure of the agent, to participate in, the fullest possible ex- August 27, 1993, Adm. William thereby undermining efforts to limit change of chemicals, equipment and sci- Studeman, acting CIA Director, wrote the spread of CW expertise and knowl- entific and technical information relating to the development and application of chem- to Senator GLENN that ‘‘We cannot edge to rogue states. In addition, adding a chemical to the istry for purposes not prohibited under this confirm that the Russian declaration Convention. of 40,000 mt is accurate. In addition, we CWC annex is a long, convoluted proc- This provision repeats the mistake cannot confirm that the total stockpile ess which could take up to 2 years and require the concurrence of two-thirds made in the Nuclear Nonproliferation is stored only at the seven sites de- of CWC states parties. Treaty—the so-called Atoms for Peace clared by the Soviets.’’ Finally, the component chemicals of initiative—under which ostensibly Reports in the Washington Times (11– the novichok agents may be so widely peaceful technology has been provided 8–89) and Washington Post (11–9–89) cite used for commercial purposes—like to nations who then diverted it to pro- Defense Intelligence Agency estimates phosgene, which was used as a CW scribed military purposes. Neither a that the Soviet/Russian stockpile could agent in World War I—that it may not United States trade embargo, nor legis- be as large as 75,000 tons. be practical to add them to the lists of lation like the Helms-Burton bill, nor Even more troubling are public re- controlled chemicals. the Australia Group export control re- ports in the Washington Times and The actions of key Russian personnel gime, nor any other arrangement can Wall Street Journal that Russia has highlight Russia’s lack of commitment interfere with Teheran’s or Havana’s developed highly lethal binary chemi- to the CWC itself. Lt. Gen. Anatoly right to demand access to state-of-the- cal weapons. Dr. Vil Mirzayanov, Kuntsevich, former chairman of the art chemical manufacturing capabili- former chief of counterintelligence at Russian President’s Committee on Con- ties. Russia’s State Union Scientific Re- ventional Problems of Chemical and To those who ask, what’s the harm of search Institute for Organic Chemistry Biological Weapons, was arrested on approving this treaty? I think it is now and Technology, also published his ob- charges of selling military chemicals clear that the answer is, plenty. It does servations in the October 1995 Stimson to Middle East terrorists. Col. Gen. not erect a barrier against CW pro- Center Report No. 17. Dr. Mirzayanov S.V. Petrov openly alluded to the desir- liferation; in fact, as just noted, it in- reported that Russia has produced a ability of maintaining a chemical creases the likelihood of proliferation. new class of binary nerve agents many weapons capability in a Russian mili- In this and all of the other ways I have times more lethal than any other tary journal entitled ‘‘Military described, the convention would be known chemical agents: the so-called Thought.’’ Both individuals are high- very detrimental to the interests of novichok agents made from chemicals ranking military signatories to the United States and its citizens—espe- not covered by the CWC which are used ‘‘U.S.-Russian Work Plan for the De- cially when compared to the anemic for industrial or agricultural purposes. struction of Russia’s Chemical Weap- benefits of ratification. He further reported that Russia contin- ons.’’ IF NOT THE CWC, THEN WHAT? ued development of these highly lethal With that as our background, we Opponents of the CWC are committed binary weapons despite signing the should be very cautious about expect- to meaningful efforts to prevent the BDA in 1990. ing Russia, even if its legislature use of chemical weapons. We should Dr. Mirzayanov states: should ratify the CWC, to take a new start with first principles. First, I witnessed the duplicity of Soviet multilateral commitment on chemical officials during the CWC negotiations. Al- weapons seriously. ENFORCING THE 1925 GENEVA PROTOCOL An effective treaty should be global though the United States stopped producing PROLIFERATION AMONG PARTICIPANTS IN THE and testing chemical weapons and signed an CWC and verifiable. The 1925 Geneva Proto- agreement with the Soviet Union to that ef- The CWC’s potential to facilitate col is both: it covers all nations of con- fect in June 1990, the USSR did not stop proliferation is not limited to its per- cern to the United States and, because work. nicious effects on Australia Group con- it outlaws the lethal use of chemical In a recent letter to me, Dr. trols. It may also undermine existing weapons, it is inherently verifiable. Mirzayanov indicated that, to the best unilateral United States sanctions Victims of use have every reason to ex- of his knowledge, as many as six against Iran and Cuba. Chemical ex- pose treaty violations, as the Iranians novichok CW agents may have been de- ports to Iran were embargoed by the and the Kurds did. By definition, out- veloped. Dr. Mirzayanov feels so Reagan administration on March 30, lawing use is a more realistic goal than strongly about the threat from these 1984. That embargo is still in force, as the CWC’s goal of outlawing possession new agents that he supports the CWC is the embargo against Fidel Castro de- of these common substances. What is under the mistaken impression that clared in 1962. The United States im- necessary—for both treaties—is effec- the treaty will eliminate these weap- posed secondary sanctions last year on tive enforcement. In World War II, the ons. Unfortunately, the chemicals used foreign companies that aid the oil in- enforcement of the Geneva Protocol to make novichok agents are not con- dustries of Iran or Libya. was the allied leaders’ threat to retali- trolled by the CWC, Russia has not These kinds of embargoes and sanc- ate in kind to any chemical attack. ratified the treaty, and it’s unlikely we tions are prohibited among the family The Geneva Protocol was effective dur- would be able to detect illicit produc- of nations that decide to join this con- ing that conflict. But it has not been tion of the component chemicals of vention. Article XI of the treaty pro- well enforced outside of the context of these agents. Our intelligence commu- vides that state parties shall: a threat of retaliation in kind. Such nity described this problem in a May Not maintain among themselves any restric- threats fade in effectiveness as civ- 1995 national intelligence estimate tions, including those in any international ilized nations grow more and more re- which concluded that the production of agreements, incompatible with the obliga- luctant to contemplate ever using new binary agents like the novichok tions undertaken under this Convention, these abhorrent weapons. chemicals, ‘‘would be difficult to detect which would restrict or impede trade and the To make the Protocol more than a development and promotion of scientific and and confirm as a CWC-prohibited activ- technological knowledge in the field of ‘‘no first use’’ agreement—in other ity.’’ chemistry for industrial, agricultural, re- words, to free it of its dependence on a Clinton administration claims that search, medical, pharmaceutical or other credible threat of retaliation in kind— the chemicals used to produce the peaceful purposes. would require states that are party to S3926 CONGRESSIONAL RECORD — SENATE May 1, 1997 it impose strong sanction to any and The act will also strengthen and rein- IN MEMORY OF OWEN WILLIAMS all violations. This did not happen force deterrence against the use of ∑ Mr. COVERDELL. Mr. President, too when Iraq used chemical weapons in chemical and biological weapons. often, it seems good deeds and public the mid-1980’s and later in the decade. Strong controls on trade in these weap- service go unrecognized while it is pre- Diplomats met in 1989 to address the ons, as called for in the legislation, will cisely the proprietors of these acts who gassing of the Kurds and, faced with in- make it more difficult and raise the hold our communities together. I controvertible proof of an abrogation costs for rogue nations to acquire of- would like to take a moment to recog- of the Geneva Protocol, did not sanc- fensive chemical and biological weap- nize one of these proprietors who I call tion Iraq. Many experts believe that ons capabilities. Improvements in U.S. unsung heroes. On Saturday, March 1 the most productive measure to coun- and allied chemical and biological de- of this year, a dear friend and colleague teract chemical weapons is to develop fenses, also mandated by the act, will of mine, Owen Williams, and his son, meaningful international sanctions serve to devalue the potential political Alfredo, were tragically killed by a that could be added to the Geneva Pro- and military utility of these weapons drunk driver in my home State of tocol to give it teeth. Had a Geneva by would-be opponents. And the re- Georgia. Protocol enforcement mechanism been quirement that tough sanctions be im- Owen was a true hero in my eyes— in place and acted upon when Iraq first posed against any nation that uses poi- bright, devout, and committed to his used its CW arsenal, Iraq’s further re- son gas should reduce the chance that wife Carolyn and eight children. A finement of a chemical war-fighting ca- such weapons would be used in the first former Vietnam combat veteran, Owen pability may have been slowed or even place. was dedicated to his community, his halted before Saddam threatened U.S. country, and his God. S. 495 recognizes that we can’t go it soldiers with these same weapons dur- When I issued a call to action for alone when it comes to dealing with ing the gulf war. Georgians to help reduce the rising tide This approach offers a significant ad- chemical and biological weapons of teen drug use, Owen was one of the vantage: it would resolve the verifica- threats. True, some things we can and first to answer. He served in a volun- tion issue. It is relatively easy to de- should do on a unilateral basis. But teer capacity as chairman of the Bibb tect use as opposed to possession. It is sensible international action, focused County Operation Drug Free Georgia likely that a nation on the receiving on concrete and achievable measures, Committee and was making great end of a chemical attack would wel- must likewise be an essential compo- strides in his community with the pro- come international inspectors to con- nent of our strategy. The legislation gram. firm that a violation has occurred and encourages our allies and potential co- This Saturday, at our second annual to garner worldwide condemnation of alition partners to match our efforts statewide drug summit, which is dedi- the perpetrator. The second advantage and improve their military capabilities cated to the memory of Owen and is that, as I earlier indicated, several of against chemical and biological weap- Alfredo, I will present the First Amer- the nations we are most worried ons. The legislation also seeks multi- ican Hero Award to Owen’s family for about—that have not ratified the lateral agreement on enforcement the great contributions he made to CWC—have already ratified the Geneva mechanisms for the 1925 Geneva Proto- those around him. It has been said that Protocol. I am speaking of Cuba, Iraq, col. the mark of a great man is that his North Korea, and the former Soviet The Chemical and Biological Weap- deeds touch the lives of others even Union. ons Threat Reduction Act thus pro- after he is gone. I know this will be PRESSING RUSSIA TO UPHOLD ITS EXISTING vides a sensible and effective plan that true of Owen. This is a tragic loss, par- COMMITMENTS CWC critics and proponents alike In addition, the United States must ticularly for me, but the work that make a high priority holding Russia to should support. By enacting and imple- Owen has done will continue to serve its commitments under the 1989 memo- menting the act, the United States will as an inspiration to us all.∑ randum of understanding and the 1990 lead by example, and will underscore f its commitment to bringing together bilateral agreement to destroy chemi- CHILDREN’S HEALTH INSURANCE like-minded friends and allies to make cal weapons. The current administra- PROVIDES SECURITY (CHIPS) ACT tion has not been forceful in making unthinkable the resort to chemical or biological weapons. ∑ Mr. CHAFEE. Mr. President, yester- clear we expect compliance. Progress day I introduced S. 674 along with Sen- made between the two countries on CONCLUSION ator ROCKEFELLER and others. I ask this issue need not be wasted, if we Arms-control treaties, at the end of that the text of bill S. 674 be printed in really mean to do something about the RECORD. chemical warfare. the day, are not a substitute for de- fense preparedness. A treaty as flawed The text of the bill follows: IMPLEMENTING THE CHEMICAL AND BIOLOGICAL S. 674 WEAPONS THREAT REDUCTION ACT (S.495) as the Chemical Weapons Convention is Finally, there are additional steps we worth less to our country than the uni- Be it enacted by the Senate and House of Rep- can, and should, take. The Senate lateral actions the United States can resentatives of the United States of America in Congress assembled, passed on March 20 the Chemical and and must take to ensure the protection Biological Weapons Threat Reduction and the survival of its citizens. The SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Children’s Act (S. 495). This legislation provides a entry into force of the CWC—with or without American participation—will Health Insurance Provides Security (CHIPS) comprehensive package of domestic Act of 1997’’. not bring us a world in which these ter- and international measures aimed at SEC. 2. ENCOURAGING STATES THROUGH IN- reducing chemical, as well as biologi- rible weapons are no longer manufac- CREASED FEDERAL MEDICAL AS- cal, weapons threats to the United tured or stockpiled. Nor can we say SISTANCE PERCENTAGE (FMAP) TO States, its citizens, its armed forces they will never be used. When words, EXPAND MEDICAID COVERAGE OF CHILDREN AND PREGNANT WOMEN. and those of our allies. It sets forth diplomacy, and international docu- ments signed with the best of inten- (a) INCREASED FMAP FOR MEDICAL ASSIST- practical and realistic steps to achieve ANCE FOR CERTAIN INDIVIDUALS.—Section 1905 this objective. tions fail to protect populations from of the Social Security Act (42 U.S.C. 1396d) is The act fills important gaps in U.S. the threat of attack with these inhu- amended— law by outlawing the entire range of man weapons, every nation falls back (1) in subsection (b), by adding at the end chemical and biological weapons ac- upon its ability to preempt or repel the following new sentence: ‘‘Notwithstand- tivities. Quite remarkably, the posses- such an attack. It would be irrespon- ing the first sentence of this subsection, in sion of chemical weapons is not today sible to let down our guard in this re- the case of a State plan that meets the con- a criminal offense. S. 495 corrects that spect, for history has shown us that ditions described in subsection (t)(1), with respect to expenditures for medical assist- untenable situation, and sets out still treaties—even well-crafted ones—can- ance for individuals within an optional cov- criminal, civil, and other penalties the not replace the political and military erage group (as defined in subsection (t)(2)) spectrum of chemical and biological will that are necessary to oppose acts the Federal medical assistance percentage is weapons related activities. of aggression.∑ equal to the enhanced medical assistance May 1, 1997 CONGRESSIONAL RECORD — SENATE S3927 percentage described in subsection (t)(3).’’; ‘‘(12) At the option of the State, the plan tioning of eligibility workers at sites, such and may provide that an individual who is under as hospitals and health clinics, at which chil- (2) by adding at the end the following new an age specified by the State (not to exceed dren receive health care or related services. subsection: 19 years of age) and who is determined to be (c) APPLICATION, ETC.—Funding shall be ‘‘(t)(1) The conditions described in this eligible for benefits under a State plan ap- made available under this section only upon paragraph for a State plan are as follows: proved under this title under subsection the approval of an application by a State, lo- ‘‘(A) The plan provides (either through ex- (a)(10)(A) shall remain eligible for those ben- cality, or nonprofit entity for such funding ercise of the option under section efits until the earlier of— and only upon such terms and conditions as 1902(l)(1)(D) or authority under section ‘‘(A) the end of a period (not to exceed 12 the Secretary specifies. 1902(r)(2)) for coverage under section months) following the determination; or (d) ADMINISTRATION.—The Secretary may 1902(l)(1)(D) of individuals under 19 years of ‘‘(B) the time that the individual exceeds administer the grant program under this sec- age, regardless of date of birth. that age.’’. tion through the identifiable administrative ‘‘(B) The plan provides under section (e) EFFECTIVE DATE.—The amendments unit designated under section 509(a) of the 1902(e)(12) for continuous eligibility for a pe- made by this section shall apply to medical Social Security Act (42 U.S.C. 709(a)) to pro- riod of 12 months (under subparagraph (A) of assistance for items and services furnished mote coordination of medicaid and maternal such section) of all individuals under 19 on or after January 1, 1998. and child health activities and other child years of age who are determined to be eligi- SEC. 3. EMPLOYER CONTRIBUTIONS TO PRE- health related activities.∑ ble for benefits under a State plan approved MIUMS. f under this title under section 1902(a)(10)(A). (a) GENERAL RULE.—Any employer which ‘‘(2) For purposes of subsection (b), the elects to make employer contributions on FRANKLIN DELANO ROOSEVELT term ‘optional coverage group’ means indi- MEMORIAL DEDICATION viduals described in each of the following behalf of an individual who is an employee of subparagraphs: such employer, or who is a dependent of such ∑ Mr. LEVIN. Mr. President, tomor- ‘‘(A) PREGNANT WOMEN WITH FAMILY INCOME employee, for health insurance coverage row, May 2, we will dedicate a memo- shall not condition, or vary, such contribu- BETWEEN 133 PERCENT AND 150 PERCENT OF POV- rial on the Tidal Basin in West Poto- tions with respect to any such individual by ERTY LINE.—Women described in subpara- mac Park to one of America’s greatest graph (A) of section 1902(l)(1) whose family reason of such individual’s status as an indi- vidual eligible for medical assistance under a Presidents, a towering figure in the income exceeds 133 percent, but does not ex- history of the 20th century, Franklin ceed 150 percent, of the poverty line for a State plan under title XIX of the Social Se- family of the size involved. curity Act (42 U.S.C. 1396 et seq.). Delano Roosevelt. ‘‘(B) INFANTS WITH FAMILY INCOME BETWEEN (b) ELIMINATION OF CONTRIBUTIONS.—An A memorial to FDR was first pro- 133 PERCENT AND 150 PERCENT OF POVERTY employer shall not be treated as failing to posed in the Congress as early as 1946. LINE.—Infants described in subparagraph (B) meet the requirements of subsection (a) if The FDR Memorial Commission was fi- of section 1902(l)(1) whose family income ex- the employer ceases to make employer con- nally established, by law, in 1955. It has ceeds 133 percent, but does not exceed 150 tributions for health insurance coverage for taken 42 years to complete this effort. all its employees. percent, of the poverty line for a family of I am proud to have served on the Me- (c) ENFORCEMENT.—The enforcement provi- the size involved. morial Commission. Tomorrow, will be ‘‘(C) CHILDREN UNDER 6 YEARS OF AGE WITH sions applicable to group health insurance FAMILY INCOME BETWEEN 133 PERCENT AND 150 coverage under the amendments made by a great day for Americans, a day to PERCENT OF POVERTY LINE.—Children de- section 101(e)(2) of the Health Insurance look back and remember FDR, his scribed in subparagraph (C) of section Portability and Accountability Act of 1996 enormous contribution to all of our 1902(l)(1) whose family income exceeds 133 (Public Law 104–191; 110 Stat. 1952) shall lives and the contribution of the gen- percent, but does not exceed 150 percent, of apply with respect to an employer that vio- eration of Americans who struggled the poverty line for a family of the size in- lates the provisions of this section in the through the depression and valiantly same manner as such provisions apply to em- volved. defeated fascism; a day to admire the ‘‘(D) OLDER CHILDREN WITH FAMILY INCOME ployers under such amendments. beauty and to be inspired by the art of BETWEEN 100 PERCENT AND 150 PERCENT OF POV- SEC. 4. GRANT PROGRAM TO PROMOTE OUT- ERTY LINE.—Children described in subpara- REACH EFFORTS. this great new addition to our capital graph (D) of section 1902(l)(1), who are not (a) AUTHORIZATION OF APPROPRIATIONS.— city’s memorials; and a day to con- described in any of subclauses (I) through There are authorized to be appropriated, for template America’s future and the con- (III) of section 1902(a)(10)(A)(i), and whose each fiscal year beginning with fiscal year tribution that this memorial will make family income exceeds 100 percent, but does 1998 to the Secretary of Health and Human to the understanding that future gen- not exceed 150 percent, of the poverty line Services, $25,000,000 for grants to States, lo- erations will have of one of the most for a family of the size involved. calities, and nonprofit entities to promote ‘‘(3) The enhanced medical assistance per- critical eras of our history. outreach efforts to enroll eligible children This memorial is a expression of centage described in this paragraph for a under the medicaid program under title XIX State is equal to the Federal medical assist- of the Social Security Act (42 U.S.C. 1396 et what America is all about. It is what ance percentage (as defined in the first sen- seq.) and related programs. America can do to overcome challenges tence of subsection (b)) for the State in- (b) USE OF FUNDS.—Funds under this sec- of depression and war. Roosevelt im- creased (but not above 90 percent) by the tion may be used to reimburse States, local- bued hope and he instilled optimism in number of percentage points equal to 30 per- ities, and nonprofit entities for additional a people who were down and out in a cent of the number of percentage points by training and administrative costs associated which (A) such Federal medical assistance depression and then attacked when we with outreach activities. Such activities in- were down, by Japan at Pearl Harbor. percentage for the State, is less than (B) 100 clude the following: percent.’’. Franklin Roosevelt was an inspira- (1) USE OF A COMMON APPLICATION FORM FOR (b) STATE OPTION TO EXPAND ELIGIBILITY TO tional leader because of his optimism FEDERAL CHILD ASSISTANCE PROGRAMS.—Im- 150 PERCENT OF POVERTY LINE FOR CHILDREN plementing use of a single application form in the face of the long odds our Nation OVER 1 YEAR OF AGE.—Section 1902(l)(2) of (established by the Secretary and based on faced. He was our voice. He reflected such Act (42 U.S.C. 1396a(l)(2)) is amended— the model application forms developed under our hopes. He continues to inspire us (1) in subparagraph (B), by striking ‘‘equal subsections (a) and (b) of section 6506 of the to 133 percent’’ and inserting ‘‘a percentage today because he showed what we can Omnibus Budget Reconciliation Act of 1989 (specified by the State and not less than 133 do when we pull together as a people. (42 U.S.C. 701 note; 1396a note)) to determine percent and not more than 150 percent)’’, and And, this new memorial will help to the eligibility of a child or the child’s family (2) in subparagraph (C), by striking ‘‘equal keep FDR’s legacy inspiring Americans (as applicable) for assistance or benefits to 100 percent’’ and inserting ‘‘a percentage under the medicaid program and under other for the centuries ahead. (specified by the State and not less than 100 Federal child assistance programs (such as Roosevelt saw the positive role of percent and not more than 150 percent)’’. the temporary assistance for needy families Government in the economy, pulling us (c) CLARIFICATION OF STATE OPTION TO out of the depression and in times of a COVER ALL CHILDREN UNDER 19 YEARS OF program under part A of title IV of the So- AGE.—Section 1902(l)(1)(D) of such Act (42 cial Security Act (42 U.S.C. 601 et seq.), the world war, when we had to pull to- U.S.C. 1396a(l)(1)(D)) is amended by inserting food stamp program, as defined in section gether. But he was also willing to ex- ‘‘(or, at the option of a State, after any ear- 3(h) of the Food Stamp Act of 1977 (7 U.S.C. periment. He was not somebody who lier date)’’ after ‘‘children born after Sep- 2012(h)), and the State program for foster would hang onto a program if it wasn’t tember 30, 1983’’. care maintenance payments and adoption as- working. He believed that Government sistance payments under part E of title IV of (d) STATE OPTION OF CONTINUOUS ELIGI- programs could make a positive dif- BILITY FOR 12 MONTHS.—Section 1902(e) of the Social Security Act (42 U.S.C. 670 et such Act (42 U.S.C. 1396a(e)) is amended by seq.)). ference. And they did for millions. But adding at the end the following new para- (2) EXPANDING OUTSTATIONING OF ELIGI- he also believed that if Government graph: BILITY PERSONNEL.—Providing for the sta- programs were not working that we S3928 CONGRESSIONAL RECORD — SENATE May 1, 1997 should either make them work or drop when the great man died. * * * My parents, tional Assoc. of C.C.C. Alumni, Grayling, them. This is a model we would do well who are now gone, would be very proud to Michigan. to keep in mind in the weeks, and the know they are taking part in this tribute to My mother named me Franklin Delano Mr. Roosevelt.—Mike Angeli, Marquette, Garrison in his honor. From the time I was years ahead as Congress grapples with Michigan. a small child I took a great pride in being the difficult problems of balancing the About ten years ago, I appeared before the named for someone who was a hero to every- needs of people, and the role of Govern- county board to obtain approval for a grant one I knew, even though at first I wasn’t ment in addressing those needs with to fund a senior citizens feeding program. really sure why. Then I came to understand the demands of fiscal responsibility. The chairman of the board got very upset that my family was eating only because the The memorial will also honor the calling me something like ‘‘a big spending- New Deal was providing some food assist- memory and contributions of the First liberal-government interferer * * * (like ance, and my father was working only be- Lady who as the eyes and ears of the FDR)’’. I told him I’m not old enough to have cause the Works Progress Administration served with President Roosevelt, but that he President traveled hundreds of thou- was providing jobs. I came to see for myself is an idol of mine and that I was extremely the hardships that the Depression had sands of miles visiting Americans in honored to have been put in the same cat- brought to the old, the hungry and the de- every walk of life. egory.—Ron Calery, Chippewa-Mackinac- serted—and to realize that one man had led Mr. President, I want to mention a Luce Community, Action Agency Director, the nation in providing not only sustenance few of my own memories of F.D.R. Dur- Sault Ste. Marie, Michigan. but also hope where both had been lost.— ing the Roosevelt years, I was a young When FDR ran, the stock market had Franklin Delano Garrison, President, Michi- boy, but I can clearly remember the crashed and times were tough. There were no gan State AFL-CIO, Lansing, Michigan. strength of his voice in those fireside jobs and no money. Hoover ran on a platform I am very happy that President Roosevelt of ‘‘a chicken in every pot’’, but people want- chats. And I remember the conversa- is finally having a memorial dedicated in his ed a job. Roosevelt won in a landslide, after honor. I am 83 years old and lived through tion around the family’s dinner table he said he would put people back to work. He the Depression, and know how bad times about what a great leader he was. did just that. were. Before the election of President Roo- I remember scouting the streets for Everyone had bills, and few people had the sevelt, I worked on welfare for $2.00 a day for discarded empty cigarette packs. This money to pay them. So a situation was cre- an eight hour shift. was something kids did. We stripped off ated where people could work off their bills. With President Roosevelt’s election times the tin foil linings and brought them to If you had to go to the hospital while on wel- got better. With the New Deal of the WPA, I school where they were rolled together fare, you worked the bill off with the city by got $22.00 a week for a four day six hour sweeping streets or picking up trash or to create large balls of the metal, shift. I will always be grateful to President cleaning the parks. Each time you worked, Roosevelt for social security, unemployment which could be recycled for the war ef- you would reduce your bill. Though there benefits and being able to unionize for better fort. This gave us an enormous sense of were years we didn’t have two nickels to rub wages and benefits and to protect jobs. Presi- being a part of the effort and of re- together, we survived.—Arthur Carron, Bark dent Roosevelt will always be my idol.— sponding to Roosevelt’s call for partici- River, Michigan. Rudy Gregorich, Painesdale, Michigan. pation. FDR literally transformed the country We members of the Eighth Armored Divi- And, I remember his dog, Fala. Espe- from a feeling of overwhelming despair to sion had been on the march, without a break, cially for a young boy Fala was a big hope and confidence. When Roosevelt was around the clock, for days—sometimes unop- elected I was approaching my 16th birthday. part of the Roosevelt persona. That’s posed, in other places, held up by the famil- On the west side of Detroit in a neighbor- iar and bitter last-ditch Nazi resistance. why, when I noted the fact that his hood of autoworkers practically everyone At last, late one morning, a halt was sig- dog, which meant so much to him and was jobless. The giant Ford Rouge plant was naled. We dropped—dirty, hungry, and al- to the Nation, which was such a symbol working at 25 percent of capacity. Other most unconscious—and slept, some in the of his warmth and humanity, was left auto companies and all of the auto supplier ditches along the road, others stretched out out of the monument, I suggested Fala companies were in a similar situation. My on the rear decks of their tanks, others be represented in the memorial and the father and the fathers of all my boyhood where they sat in tank turrets, in half commission agreed. So, tomorrow as friends were unemployed. Men who were tracks, or on truck seats. really willing and anxious to work. There Then a startling message started down the the statues of Franklin and of Eleanor was a feeling of desperation and hopeless- line from the lead vehicle, which had a short- are unveiled, a little statue of Fala, ness. Most important of all they lost their wave radio. Men, as they heard it, shook the recognizing his historic role, will also sense of dignity when they could not provide next man awake and passed it on: President be there as well, helping to connect for their families. Roosevelt, through the Roosevelt was dead. FDR to future generations of visitors, various governmental programs, gave these In a sense, President Roosevelt was a sol- especially our kids and grandkids. men hope and a sense of well being they had dier in that fight—just like us. And like us, Mr. President, now I would like to not experienced for some time.—Doug Fra- this good man was exhausted. He was a cas- honor the memory of this great Amer- ser, Professor of Labor Studies, Wayne State ualty of the war. But he had the satisfaction U., Former President of U.A.W., Northville, of knowing that he left the field with the ican President by reading some of the Michigan. battle well in hand.—Jack R. Hendrickson, anecdotes and sentiments of people Oliver Wendell Holmes once said, ‘‘A man’s Ph.D., Birmingham, Michigan. from Michigan, where he is well re- mind stretched by a new idea, will never re- The year may have been 1932, or 1934, and membered by seniors and veterans, and turn to its former dimension.’’ I was one of my mother a widow of some 60 years had even by many who know him only from those fortunate unemployed young men who been left well-provided for by my father at film and audio tape, but remembered joined with over three million other des- his death in 1931. But the Great Depression with reverence and often with at least titute kids and signed up with the Civilian struck the USA and its economy was stag- Conservation Corps. nant, mired down, seemingly unable to extri- one tear in the eye. It seems that FDR scratched out his C.C.C. cate itself from the doldrums it found itself I have asked my constituents in idea on a restaurant napkin. This vision was caught in . . . Michigan to send to me some of their an unprecedented gamble in bringing a bank- It was a time of calamity, of no one know- remembrances of FDR. I have received rupt nation back on its feet. I was one of ing quite what to do. Mother had never expe- many moving and inspiring stories. I those three million who was lifted from the rienced this type of emergency in her long want to share some of those with my depths of despair, each given a chance to life. There was little or no relief in sight. colleagues in the Senate today. earn self-respect, dignity and self-esteem. Radio broadcasts were discouraging and gave How does a nation measure a dimension such no hint of the end of the Depression in sight. f as that? Just consider the families that My sister, married with three little ones, re- MICHIGAN REMEMBERS F.D.R. these men represented, grateful for the calls walking three or more miles to obtain Back in the 1920’s, my father Alfred Angeli monthly $25.00 and the succor it supplied. government free food and carrying it home, and a number of his friends came over to this I can testify to that. Sixty-four years ago walking as she had come. country to escape the Fascism and Com- when men’s spirits were tested by want and The one light on the horizon in the midst munism in Italy. They found a new life here deprivation, it seems like only yesterday of this gloom was the radio program when in America and they adored Franklin Delano that I walked into that welfare office. I was President Delano Roosevelt, elected a few Roosevelt. They had great respect for him not afraid of the hunger, but the indignity it months previously, would address the people for the job he did in creating jobs and put- caused. I felt not a pain in my stomach, but in his famous fireside chats. His voice sooth- ting everybody back to work. an ache in my heart. . .I was sworn into the ing, deep-textured, commanding confidence My father and about eight of his friends C.C.C. Now, I was accepted, now I could say, as he spoke words of optimism were most were very serious in their respect for FDR, ‘‘Hello to tomorrow’’. I became a member of welcome by the bewildered public. ‘‘We have and honored him by naming their hunting an idea whose time had come. Roosevelt’s nothing to fear, except fear itself,’’ he said camp ’Campobello’. It was a very sad day tree army.—Rev. Bill Fraser, First V.P. Na- on one momentous occasion. How the people May 1, 1997 CONGRESSIONAL RECORD — SENATE S3929 clung to his words bearing hope that this tasks, such as planting trees, building roads, Now we in Warren are trying to follow his President of the United States instilled over erosion control, fighting forest fires, miles of example, as we work to transform the re- the air. As someone noted sixty years later, fire trails and telephone lines strung, and cently abandoned tank plant into a new kind FDR could not raise himself from a chair, other conservation related work. of arsenal: an arsenal for economic growth. but by moral strength was able to lift a I had just turned 18 when I heard about the As I go to work each day, I frequently ask great nation out of the Depression in the program, and at the time was a barber’s ap- myself what President Roosevelt would have Thirties! All America hung onto his words, prentice in Cascade, Michigan * * * The Ci- done with today’s issues. Looking at the fu- hung on to the confidence he instilled, in vilian Conservation Corps sounded like the ture of his Arsenal for Democracy, I believe their government, in their country, awaiting answer to my situation, and I immediately that FDR would be pleased.—Mark A. with patience for the clouds of Depression to made myself available. * * * Steenbergh, Mayor, City of Warren, Warren, lift!—Dr. Marie Heyda, O.P., Grand Rapids After leaving the C.C.C. camps, I enlisted Michigan. in the U.S. Navy * ** While assigned to the Dominicans, Grand Rapids, Michigan. My father subscribed to the Chicago Trib- Sick Officer’s Ward, I was attendant to then My younger sister was in the wars and had une during the depression since it was the Secretary of the Navy, Claude Swanson. Dur- the honor of meeting President Roosevelt at cheapest paper in town at two cents a copy. ing that time President Roosevelt visited his summer home. The Tribune had cartoonist by the name of Swanson twice * ** This was a great honor I feel that FDR was one of the greatest ‘Orr’. His cartoon appeared on the front page for me to have the opportunity to stand presidents that ever lived. Even though he of the Tribune and more often than not, his was so educated, he still was for the average close to the President of the United States. * * * Following a military career, I be- work of art was a slam against President person. He did so much for the people while Roosevelt. As it turned out, the subscription in office.—Kathryn V. Holden, Saginaw, came involved in organizing a civilian con- servation corps alumni group here in Grand was a bad deal for my father, because my Michigan. mother, being a staunch Democrat and a * * * 1940. I was pregnant * * * and New- Rapids, Michigan. * * * with the support of the C.C.C. Alumni veterans, was able to con- supporter of FDR, would wait for the mail- man, my husband, was working for Labor’s man and promptly put the paper in the Nonpartisan League in the office of the vince Governor Blanchard, and the state leg- islature, to establish a Michigan Civilian stove.—James F. Sodergren, Marquette Philadelphia Joint Board, Amalgamated County Treasurer, Ishpeming, Michigan. Clothing Workers of America, 2000 South Conservation Corps patterned after Roo- Street. sevelt’s depression era C.C.C. program.— I was a high school teacher during the Since I was not working and had no child Frank Munger, Grand Rapids, Michigan. Great Depression. According to my memory, My uncle, Billy Rogers, living in Chicago, care needs, I was a volunteer in the office, the American people had great faith and be- was one of the many. No job, no money and handing out literature at rallies and some lieved that our President would do what was dependent on the small income of his mother house to house visiting in North Philly, in best for the ‘‘common good.’’ We listened gave him little hope for the future. Thank the Kensington area and a bit in South carefully and with pride to his fireside God for the C.C.C.! They took him in—fed Philly. chats. * * * and clothed him, taught him the value of Our work culminated in a huge rally for And today, as we drive over miles of paved manual labor and gave him a sense of pride. the President in the stadium, shortly before roads in northern Michigan, we marvel at Friendships made in camp endured for many the election. It was raining and my husband the lines of majestic evergreens —so beau- years. tiful in summer and effective snow-barriers and friends did not think I should go. But I Diligent work and a cheerful attitude did, and it was the most impressive, exciting earned him the most coveted job in camp: in winter! I relate with pride the work of the and largest rally I ever participated in. truck driver! After completing his enroll- C.C.C., that group of younger men who My labor came early, and daughter Sharon ment, he returned to Chicago. Due to his ex- earned their livelihood at that time by was born at St. Luke’s Hospital November 3, perience, he was eligible to join the Team- beautifying and preserving Michigan’s natu- the election was the next day * * * Since I sters Union and continued working as an ral environment. Roosevelt’s foresight has had made no plans for an absentee ballot and over-the-road truck driver until he retired. kept Michigan a wonderful state!—Sister there was no way I could get one of those All this due to the vision and persistence of Agnes Thiel, O.P., Grand Rapids Dominicans, days, I missed my opportunity to vote for one man—F.D.R.!—William Oberschmidt, Grand Rapids, Michigan.∑ the third term of FDR. The only time in my Saginaw, Michigan. life I have failed to vote in an election either *** on April 12, 1945. I was 13 years old at f primary or general.—Mildred Jeffrey, De- the time and I remember the nuns grieving troit, Michigan. at school and how sad everyone felt. It’s When the 73rd Congress opened * * * FDR about all anyone talked about or what you HONORING THE LIFETIME bombarded Congress with bills to stimulate heard on the radio. ACHIEVEMENTS OF JACKIE ROB- the economy. During his first month in of- I don’t think I understood the full impact INSON fice, he used his authority * * * to establish of what Roosevelt had accomplished until I the Public Works Administration which was stationed in the Pacific during the Ko- Mr. BENNETT. Mr. President, I ask helped my father while laid off from the rail- rean War. I spent time on many of the Pa- unanimous consent that the Commerce road for about a year.—Leonard Klemm, cific Islands where the war took place and it Committee be discharged from further Saginaw, Michigan. made me realize what he had done to guide consideration of House Concurrent Res- President Roosevelt really left a great im- us through the second World War * * *— olution 61, and that the Senate proceed pact upon our country. He came into office Jack Salter, Royal Oak, Michigan. at the time of the Great Depression and did As a public official, I have given a lot of to its consideration. much to relieve the suffering of the people thought to the question of leadership. What The PRESIDING OFFICER. Without and to restore confidence in our banking sys- is leadership and how does it manifest itself objection, it is so ordered. The clerk tem and the Government in general. He won in public life? Although the answer to that will report. great respect through his fireside chats, question is far from clear or simple, it seems radio connection and as the first President to be embodied in the memory of the person The bill clerk read as follows: to address the nation on national tele- I consider our nation’s greatest president, A concurrent resolution (H. Con. Res. 61) vision.—B.L. Little, Saginaw, Michigan. Franklin Delano Roosevelt. honoring the lifetime achievements of Jack- I had only one personal encounter with My father was one of the millions who ie Robinson. President Roosevelt, but it is one I can recall found themselves out of work after the Crash quite vividly even today. ** * FDR had been of 1929. He directly benefited from President There being no objection, the Senate campaigning for reelection that day in New Roosevelt’s policies, taking part in the Civil- proceeded to consider the concurrent England, but the end of the day had brought ian Conservation Corps. That program resolution. him to New York. By chance we saw his mo- helped my dad get back on his feet, giving torcade, which couldn’t have been more than him, along with millions of others, hope and Mr. BENNETT. Mr. President, I ask two or three cars. purpose at a time when both seemed in short unanimous consent that the resolution He rode in an open car, and I can still see supply. be agreed to, the preamble be agreed him waving his hat and smiling as he passed Years later, facing another crisis—World to, and the motion to reconsider be laid by. He was an inspiration to me then and he War II—President Roosevelt came to my upon the table. continues to inspire me today.—William G. hometown, Warren, to visit the tank plant Milliken, Former Michigan Governor, Tra- that was then producing Sherman Tanks by The PRESIDING OFFICER. Without verse City, Michigan. the thousands. Moved by the sacrifice, com- objection, it is so ordered. I became aware that President Roosevelt mitment and ingenuity of the people of The concurrent resolution (H. Con. was planning to recruit thousands of youths southeast Michigan working to ensure that Res. 61) was agreed to. between ages 18 and 25 to serve in forestry Naziism was defeated, he dubbed that plant camps throughout the nation to perform the ‘‘Arsenal of Democracy.’’ The preamble was agreed to. S3930 CONGRESSIONAL RECORD — SENATE May 1, 1997 AUTHORIZING A PERMANENT AD- wheelchairs. A cabinetmaker is build- depiction of FDR with his disability at DITION TO THE FRANKLIN DELA- ing the chair and other wooden parts, a the memorial. Our challenge now is to NO ROOSEVELT MEMORIAL IN wheelmaker is producing 18-inch rims take the necessary steps to make this WASHINGTON, DC and tires and a metalsmith is assem- additional statue part of the FDR Me- Mr. BENNETT. Mr. President, I ask bling the completed chair. morial as soon as possible. unanimous consent that the Senate In addition, in the memorial’s entry Mr. BENNETT. Mr. President, I ask now proceed to the consideration of building there will be a display of unanimous consent that the joint reso- Senate Joint Resolution 29, submitted mounted photographs of President lution be considered read a third time earlier today by Senator INOUYE. Roosevelt, including one of the two and passed, the preamble be agreed to, The PRESIDING OFFICER. The known photographs of him in a wheel- the motion to reconsider be laid upon clerk will report. chair. The photograph to be displayed the table, and that any statements re- The bill clerk read as follows: will be 12 inches tall and 9 inches wide. lating to the joint resolution appear at A joint resolution (S.J. Res. 29) to direct Also included in the memorial is a the appropriate place in the RECORD. the Secretary of the Interior to design and time line of the major events of FDR’s The PRESIDING OFFICER. Without construct a permanent addition to the life, carved in granite, which states: objection, it is so ordered. Franklin Delano Roosevelt Memorial in ‘‘1921 stricken with poliomyelitis—he The joint resolution (S.J. Res. 29) Washington, D.C., and for other purposes. never again walked unaided.’’ was deemed read the third time and The PRESIDING OFFICER. Is there The Commission tried its best to en- passed. objection to the immediate consider- sure that the initial wishes of the Roo- The preamble was agreed to. ation of the joint resolution? sevelt family were carried out, along The joint resolution, with its pre- There being no objection, the Senate with the design plans approved by the amble, is as follows: proceeded to consider the joint resolu- Commission of Fine Arts. The Commis- S.J. RES. 29 tion. sion has also tried to be sensitive to Mr. INOUYE. Mr. President, at the Whereas President Franklin Delano Roo- the concerns of those citizens having to sevelt, after contracting poliomyelitis, re- request of President Clinton, I rise to spend their lives in a wheelchair. It is quired the use of a wheelchair for mobility introduce legislation which directs the true that the depiction of President and lived with this condition while leading Secretary of the Interior to plan for Roosevelt in a wheelchair will inspire the United States through some of its most the design and construction of a per- the tragically afflicted. It may very difficult times; and manent addition to the Franklin Dela- well be a more honest way to depict Whereas President Roosevelt’s courage, no Roosevelt [FDR] Memorial. President Roosevelt. leadership, and success should serve as an ex- The FDR Memorial Commission was Accordingly, at President Clinton’s ample and inspiration for all Americans: Now, therefore, be it organized in 1955 for the purpose of request, I am pleased to introduce this Resolved by the Senate and House of Rep- considering and formulating plans for legislation which directs the Secretary resentatives of the United States of America in the design, construction, and location of the Interior to plan for the design Congress assembled, of a permanent memorial to President and construction of a permanent addi- SECTION 1. ADDITION TO FRANKLIN DELANO Roosevelt. I have had the distinct tion to the FDR Memorial, and I thank ROOSEVELT MEMORIAL. pleasure of serving on the Commission my colleagues for their support and in (a) PLAN.—The Secretary of the Interior for 27 years along with our former col- the Senate acting expeditiously. (referred to in this Act as the ‘‘Secretary’’) league, Senator Mark O. Hatfield. Mr. HARKIN. Mr. President, I am shall plan for the design and construction of The FDR Memorial will be dedicated very pleased to join with my good an addition of a permanent statue, bas-relief, or other similar structure to the Franklin on Friday, May 2, 1997. This memorial friend and colleague Senator INOUYE in represents a plan and design that has Delano Roosevelt Memorial in Washington, introducing legislation submitted by D.C. (referred to in this Act as the ‘‘Memo- undergone extensive review and study the Clinton administration to require rial’’), to provide recognition of the fact that by the Commission of Fine Arts, the the addition of a statue portraying President Roosevelt’s leadership in the National Park Service, the Department FDR and his disability. This is an im- struggle by the United States for peace, well- of the Interior, and the Congress. After portant measure that I hope will be being, and human dignity was provided while 23 years, and three design competi- quickly approved. the President used a wheelchair. tions, one of which bestowed a $50,000 I have always said that it took a dis- (b) COMMISSION OF FINE ARTS.—The Sec- award, the final design for the memo- abled President to lead a disabled na- retary shall obtain the approval of the Com- rial was approved in 1978. tion. President Clinton has taken the mission of Fine Arts for the design plan cre- ated under subsection (a). Approximately 2 years ago, after all right step in improving the FDR Me- (c) REPORT.—As soon as practicable, the design plans were approved, all funding morial by allowing Americans to view Secretary shall report to Congress and the appropriated by the Congress, and the a more complete picture of one of our President on findings and recommendations construction of the memorial was well Nation’s greatest Presidents. for the addition to the Memorial. underway, the disabled community I look forward to the long-awaited (d) CONSTRUCTION.—Beginning on the date made a demand that the Commission dedication of the FDR Memorial this that is 120 days after submission of the re- add another statue of FDR in a wheel- Friday. I have long thought this very port to Congress under subsection (c), using chair. In the early days, the children of important new memorial should in- only private contributions, the Secretary Franklin and Eleanor Roosevelt made clude a statue depicting FDR in a shall construct the addition according to the plan created under subsection (a). it clear they wanted no statue showing wheelchair. Contrary to popular belief, President Roosevelt in a wheelchair. I President Roosevelt did at times pur- SEC. 2. POWERS OF THE SECRETARY. To carry out this Act, the Secretary may— might add that during the approval posely display his disability to inspire (1) hold hearings and organize contests; process no member of the disabled wounded veterans, persons with polio, and community came forth to request the and other groups of Americans. A stat- (2) request the assistance and advice of Commission amend the design plans for ue portraying his disability will stand members of the disability community, the the memorial. as a reminder to current and future Commission of Fine Arts, and the National However, in an effort to be sensitive generations of Americans that disabil- Capital Planning Commission, and the Com- to their concerns yet historically accu- ity is a natural part of the human ex- missions shall render the assistance and ad- rate, the Commission agreed to display perience that in no way diminishes the vice requested. an exact replica of one of President ability of a person to fully participate SEC. 3. COMMEMORATIVE WORKS ACT. Roosevelt’s wheelchairs in the entry in all aspects of American life. Compliance by the Secretary with this building of the memorial. It was deter- As the author of the Americans With joint resolution shall satisfy all require- ments for establishing a commemorative mined that existing wheelchairs are Disabilities Act, I was proud to be work under the Commemorative Works Act too fragile to be loaned to the memo- joined by leaders of the disability com- (40 U.S.C. 1001 et seq.) rial. Consequently, Senator Hatfield munity, former Presidents Bush, SEC. 4. AUTHORIZATION OF APPROPRIATIONS. and I instructed the National Park Carter, and Ford, a number of Roo- There are authorized to be appropriated to Service to prepare for display an exact sevelt’s descendants, and many other carry out this joint resolution such sums as replica of one of President Roosevelt’s Americans in calling for a permanent may be necessary. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3931 NATIONAL CORRECTIONAL The PRESIDING OFFICER. Without Army nominations beginning *Ida F. OFFICERS AND EMPLOYEES WEEK objection, it is so ordered. Agamy, and ending *Scott E. Young, which nominations were received by the Senate and Mr. BENNETT. Mr. President, I ask The nominations were considered and confirmed as follows: appeared in the Congressional Record of Jan- unanimous consent that the Judiciary uary 30, 1997. Committee be discharged from further NATIONAL SCIENCE FOUNDATION Army nomination of George B. Garrett, consideration of Senate Resolution 64, M.R.C. Greenwood, of California, to be a which was received by the Senate and ap- and the Senate proceed to its consider- member of the National Science Board, Na- peared in the Congressional Record of Feb- ation. tional Science Foundation, for a term expir- ruary 25, 1997. ing May 10, 2002. The PRESIDING OFFICER. Without Army nominations beginning Vincent J. John A. Armstrong, of Massachusetts, to Albanese, and ending Joseph T. Wojtasik, objection, it is so ordered. The clerk be a member of the National Science Board, which nominations were received by the Sen- will report. National Science Foundation, for a term ex- ate and appeared in the Congressional The bill clerk read as follows: piring May 10, 2002. Record of February 25, 1997. A resolution (S. Res. 64) to designate the Stanley Vincent Jaskolski, of Ohio, to be a Army nominations beginning James M. week of May 4, 1997, as ‘‘National Correc- member of the National Science Board, Na- Caldwell, and ending Paul M. Warner, which tional Officers and Employees Week.’’ tional Sciece Foundation, for a term expir- nominations were received by the Senate and ing May 10, 2002. There being no objection, the Senate appeared in the Congressional Record of Feb- Jane Lubchenco, of Oregon, to be a mem- ruary 25, 1997. proceeded to consider the resolution. ber of the National Science Board, National Mr. BENNETT. Mr. President, I ask Army nominations beginning Bryant H. Science Foundation, for a term expiring May Aldstadt, and ending *Jeffrey P. Zimmer- unanimous consent that the resolution 10, 2000. man, which nominations were received by Richard A. Tapia, of Texas, to be a member be agreed to, the preamble be agreed the Senate and appeared in the Congres- of the National Science Board, National to, the motion to reconsider be laid sional Record of February 25, 1997. Science Foundation, for a term expiring May upon the table, and that any state- Army nomination of Larry W. Racster, 10, 2002. which was received by the Senate and ap- ments relating to the resolution appear Mary K. Gaillard, of California, to be a peared in the Congressional Record of Feb- at the appropriate place in the RECORD. member of the National Science Board, Na- ruary 27, 1997. The PRESIDING OFFICER. Without tional Science Foundation, for a term expir- Army nomination of Douglas R. Yates, objection, it is so ordered. ing May 10, 2002. Bob H. Suzuki, of California, to be a mem- which was received by the Senate and ap- The resolution (S. Res. 64) was agreed peared in the Congressional Record of March to. ber of the National Science Board, National Science Foundation, for a term expiring May 11, 1997. The preamble was agreed to. Army nominations beginning Harry L. The resolution, with its preamble, is 10, 2002. Eamon M. Kelly, of Louisiana, to be a Bryan, Jr., and ending William L. Witham, as follows: member of the National Science Board, Na- Jr., which nominations were received by the S. RES. 64 tional Science Foundation, for a term expir- Senate and appeared in the Congressional Whereas the operation of correctional fa- ing May 10, 2002. Record of March 21, 1997. cilities represents a crucial component of Vera C. Rubin, of the District of Columbia, Army nomination of *Phuong T. Pierson, our criminal justice system; to be a member of the National Science which was received by the Senate and ap- Whereas correctional personnel play a Board, National Science Foundation, for a peared in the Congressional Record of March vital role in protecting the rights of the pub- term expiring May 10, 2002. 21, 1997. Marine Corps nominations beginning Dirk lic to be safeguarded from criminal activity; IN THE AIR FORCE, ARMY, MARINE CORPS, NAVY R. Ahle, and ending Philip N. Yff, which Whereas correctional personnel are respon- Air Force nominations beginning Robert sible for the care, custody and dignity of the nominations were received by the Senate and N. Agee, and ending Harry M. Wyatt, which appeared in the Congressional Record of human beings charged to their care; and nominations were received by the Senate and Whereas correctional personnel work under March 5, 1997. appeared in the Congressional Record of Feb- Marine Corps nomination of Todd H. demanding circumstances and face danger in ruary 25, 1997. their daily work lives: Griffis, which was received by the Senate Air Force nominations beginning John L. and appeared in the Congressional Record of Now, therefore, be it Bush, and ending David G. Talaba, which Resolved, That the Senate designate the April 7, 1997. nominations were received by the Senate and Marine Corps nominations beginning Roy week of May 4, 1997, as ‘‘National Correc- appeared in the Congressional Record of Feb- tional Officers and Employees Week.’’ The P. Ackley, Jr, and ending Philip J. Zimmer- ruary 27, 1997. man, which nominations were received by President is authorized and requested to Air Force nominations beginning Barry S. the Senate and appeared in the Congres- issue a proclamation calling upon the people Abbott, and ending Thomas F. Zimmerman, sional Record of April 7, 1997. of the United States to observe such week which nominations were received by the Sen- Marine Corps nominations beginning Rob- with appropriate ceremonies and activities. ate and appeared in the Congressional ert J. Abblitt, and ending Robert M. Zeisler, f Record of February 27, 1997. which nominations were received by the Sen- Air Force nominations beginning Chris- ate and appeared in the Congressional EXECUTIVE SESSION topher R. Kleinsmith, and ending Steven L. Record by April 7, 1997. Klyn, which nominations were received by Navy nominations beginning Cal D. Astrin, the Senate and appeared in the Congres- and ending Arthur D. Whittaker, Jr, which EXECUTIVE CALENDAR sional Record of March 21, 1997. nominations were received by the Senate and Air Force nominations beginning Marilyn Mr. BENNETT. Mr. President, I ask appeared in the Congressional Record of Feb- S. Abughusson, and ending Jesus E. Zarate, unanimous consent that the Senate im- ruary 5, 1997. which nominations were received by the Sen- mediately proceed to executive session Navy nominations beginning Jason T. Bal- ate and appeared in the Congressional timore, and ending Masko Hasebe, which to consider the following nominations Record of March 21, 1997. on the Executive Calendar: Calendar Air Force nominations beginning John M. nominations were received by the Senate and Nos. 52 through 60, and all nominations Barker, and ending Jessica R. Ybanez- appeared in the Congressional Record of Feb- placed on the Secretary’s desk in the morano, which nominations were received by ruary 25, 1997. Navy nominations beginning Edward H. Air Force, Army, Marine Corps, and the Senate and appeared in the Congres- sional Record of April 7, 1997. Lundquist, and ending John D. O’Boyle, Navy. which nominations were received by the Sen- The PRESIDING OFFICER. Is there Army nominations beginning *William M. Austin, and ending *Kenneth W. Stice, which ate and appeared in the Congressional objection? Without objection, it is so nominations were received by the Senate and Record of March 11, 1997. ordered. appeared in the Congressional Record of Jan- Navy nomination of Jamel B. Mr. BENNETT. Mr. President, I fur- uary 7, 1997. Weatherspoon, which was received by the ther ask unanimous consent that the Army nominations beginning Richard H. Senate and appeared in the Congressional nominations be confirmed, the motions Agosta, and ending Michael V. Walsh, which Record of April 7, 1997. to reconsider be laid upon the table, nominations were received by the Senate and f any statements relating to the nomina- appeared in the Congressional Record of Jan- tions appear at the appropriate place in uary 7, 1997. Army nominations beginning Richard Coo- LEGISLATIVE SESSION the RECORD, the President be imme- per, and ending Gregory Schannep, which diately notified of the Senate’s action, nominations were received by the Senate and The PRESIDING OFFICER. Under and the Senate then return to legisla- appeared in the Congressional Record of Jan- the previous order, the Senate will now tive session. uary 28, 1997. return to legislative session. S3932 CONGRESSIONAL RECORD — SENATE May 1, 1997 ORDERS FOR MONDAY, MAY 5, 1997 CONFIRMATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD OF JANUARY 7, 1997. Mr. BENNETT. Mr. President, I ask Executive nominations confirmed by ARMY NOMINATIONS BEGINNING RICHARD COOPER, AND ENDING GREGORY SCHANNEP, WHICH NOMINATIONS unanimous consent that when the Sen- the Senate May 1, 1997: WERE RECEIVED BY THE SENATE AND APPEARED IN THE ate completes its business today it NATIONAL SCIENCE FOUNDATION CONGRESSIONAL RECORD OF JANUARY 28, 1997. ARMY NOMINATIONS BEGINNING IDA F. *AGAMY, AND stand in adjournment until the hour of M. R. C. GREENWOOD, OF CALIFORNIA, TO BE A MEM- ENDING SCOTT F. *YOUNG, WHICH NOMINATIONS WERE 12 noon on Monday, May 5. I further BER OF THE NATIONAL SCIENCE BOARD, NATIONAL RECEIVED BY THE SENATE AND APPEARED IN THE CON- SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, GRESSIONAL RECORD OF JANUARY 30, 1997. ask unanimous consent that on Mon- 2002. ARMY NOMINATION OF GEORGE B. GARRETT, WHICH JOHN A. ARMSTRONG, OF MASSACHUSETTS, TO BE A WAS RECEIVED BY THE SENATE AND APPEARED IN THE day, immediately following the prayer, MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, the routine requests through the morn- ARMY NOMINATIONS BEGINNING VINCENT J. 2002. ALBANESE, AND ENDING JOSEPH T. WOJTASIK, WHICH ing hour be granted and that there STANLEY VINCENT JASKOLSKI, OF OHIO, TO BE A MEM- then be a period for the transaction of BER OF THE NATIONAL SCIENCE BOARD, NATIONAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, PEARED IN THE CONGRESSIONAL RECORD OF FEBRUARY routine morning business until the 2002. 25, 1997. hour of 1 p.m., with Senators permitted JANE LUBCHENCO, OF OREGON, TO BE A MEMBER OF ARMY NOMINATIONS BEGINNING JAMES M. CALDWELL, THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE AND ENDING PAUL M. WARNER, WHICH NOMINATIONS to speak for up to 5 minutes each. FOUNDATION, FOR A TERM EXPIRING MAY 10, 2000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE The PRESIDING OFFICER. Without RICHARD A. TAPIA, OF TEXAS, TO BE A MEMBER OF CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE ARMY NOMINATIONS BEGINNING BRYANT H. objection, it is so ordered. FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. ALDSTADT, AND ENDING JEFFREY P. *ZIMMERMAN, MARY K. GAILLARD, OF CALIFORNIA, TO BE A MEMBER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE f OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE AND APPEARED IN THE CONGRESSIONAL RECORD OF FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. FEBRUARY 25, 1997. BOB H. SUZUKI, OF CALIFORNIA, TO BE A MEMBER OF ARMY NOMINATION OF LARRY W. RACSTER, WHICH PROGRAM THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE WAS RECEIVED BY THE SENATE AND APPEARED IN THE FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. CONGRESSIONAL RECORD OF FEBRUARY 27, 1997. Mr. BENNETT. For the information EAMON M. KELLY, OF LOUISIANA, TO BE A MEMBER OF ARMY NOMINATION OF DOUGLAS R. YATES, WHICH WAS of all Senators, the Senate will not be THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE RECEIVED BY THE SENATE AND APPEARED IN THE CON- in session on Friday of this week in FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. GRESSIONAL RECORD OF MARCH 11, 1997. VERA C. RUBIN, OF THE DISTRICT OF COLUMBIA, TO BE ARMY NOMINATIONS BEGINNING HARRY L. BRYAN, JR., order to accommodate a meeting A MEMBER OF THE NATIONAL SCIENCE BOARD, NA- AND ENDING WILLIAM L. WITHAM, JR., WHICH NOMINA- scheduled for the Democratic Members TIONAL SCIENCE FOUNDATION, FOR A TERM EXPIRING TIONS WERE RECEIVED BY THE SENATE AND APPEARED MAY 10, 2002. IN THE CONGRESSIONAL RECORD OF MARCH 21, 1997. of the Senate. The Senate will recon- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ARMY NOMINATION OF *PHUONG T. PIERSON, WHICH vene on Monday at 12 noon. After a pe- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- WAS RECEIVED BY THE SENATE AND APPEARED IN THE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CONGRESSIONAL RECORD OF MARCH 21, 1997. riod of morning business, at 1 p.m., the CONSTITUTED COMMITTEE OF THE SENATE. Senate will begin consideration of the IN THE AIR FORCE IN THE MARINE CORPS supplemental appropriations bill. AIR FORCE NOMINATIONS BEGINNING ROBERT N. AGEE, MARINE CORPS NOMINATIONS BEGINNING DIRK R. Amendments are expected to be offered AND ENDING HARRY M. WYATT, WHICH NOMINATIONS AHLE, AND ENDING PHILIP N. YFF, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE on Monday. Therefore, votes could CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. CONGRESSIONAL RECORD OF MARCH 5, 1997. occur, but will not occur prior to the AIR FORCE NOMINATIONS BEGINNING JOHN L. BUSH, MARINE CORPS NOMINATION OF TODD H. GRIFFIS, AND ENDING DAVID G. TALABA, WHICH NOMINATIONS WHICH WAS RECEIVED BY THE SENATE AND APPEARED hour of 5 p.m., on Monday. We will no- WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE CONGRESSIONAL RECORD OF APRIL 7, 1997. tify Members as early as possible on CONGRESSIONAL RECORD OF FEBRUARY 27, 1997. MARINE CORPS NOMINATIONS BEGINNING ROY P. AIR FORCE NOMINATIONS BEGINNING BARRY S. AB- ACKLEY, JR., AND ENDING PHILIP J. ZIMMERMAN, WHICH Monday with respect to rollcall votes BOTT, AND ENDING THOMAS F. ZIMMERMAN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- occurring on that day. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD OF APRIL 7, PEARED IN THE CONGRESSIONAL RECORD OF FEBRUARY 1997. The Senate could also be asked to 27, 1997. MARINE CORPS NOMINATIONS BEGINNING ROBERT J. turn to any other Legislative or Execu- AIR FORCE NOMINATIONS BEGINNING CHRISTOPHER R. ABBLITT, AND ENDING ROBERT M. ZEISLER, WHICH KLEINSMITH, AND ENDING STEVEN L. KLYN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- tive Calendar items that can be cleared NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD OF APRIL 7, for action on Monday. PEARED IN THE CONGRESSIONAL RECORD OF MARCH 21, 1997. 1997. f AIR FORCE NOMINATIONS BEGINNING MARILYN S. IN THE NAVY ABUGHUSSON, AND ENDING JESUS E. ZARATE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING CAL D. ASTRIN, AND ADJOURNMENT UNTIL MONDAY, PEARED IN THE CONGRESSIONAL RECORD OF MARCH 21, ENDING ARTHUR D. WHITTAKER, JR., WHICH NOMINA- 1997. TIONS WERE RECEIVED BY THE SENATE AND APPEARED MAY 5, 1997 AIR FORCE NOMINATIONS BEGINNING JOHN M. BARKER, IN THE CONGRESSIONAL RECORD OF FEBRUARY 5, 1997. JR., AND ENDING JESSICA R. YBANEZ-MORANO, WHICH NAVY NOMINATIONS BEGINNING JASON T. BALTIMORE, Mr. BENNETT. Mr. President, if NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING MASKO HASEBE, WHICH NOMINATIONS there is no further business to come be- PEARED IN THE CONGRESSIONAL RECORD OF APRIL 7, WERE RECEIVED BY THE SENATE AND APPEARED IN THE fore the Senate, I now ask that the 1997. CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. IN THE ARMY NAVY NOMINATIONS BEGINNING EDWARD H. Senate stand in adjournment under the LUNDQUIST, AND ENDING JOHN D. O’BOYLE, WHICH NOMI- previous order. ARMY NOMINATIONS BEGINNING *WILLIAM M. AUSTIN, NATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING *KENNETH W. STICE, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD OF MARCH 11, There being no objection, the Senate, WERE RECEIVED BY THE SENATE AND APPEARED IN THE 1997. at 5:08 p.m., adjourned until Monday, CONGRESSIONAL RECORD OF JANUARY 7, 1997. NAVY NOMINATION OF JAMEL B. WEATHERSPOON, ARMY NOMINATIONS BEGINNING RICHARD H. AGOSTA, WHICH WAS RECEIVED BY THE SENATE AND APPEARED May 5, 1997, at 12 noon. AND ENDING MICHAEL V. WALSH, WHICH NOMINATIONS IN THE CONGRESSIONAL RECORD OF APRIL 7, 1997.