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

Vol. 144 WASHINGTON, MONDAY, MARCH 23, 1998 No. 33 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE the authority, inter alia, of the Inter- called to order by the Speaker pro tem- The SPEAKER pro tempore. The national Emergency Economic Powers pore (Mr. NETHERCUTT). Chair will lead the House in the Pledge Act (50 U.S.C. 1701 et seq.) and the United Nations Participation Act of f of Allegiance. The Speaker pro tempore led the 1945 (22 U.S.C. 287c). Consistent with House in the Pledge of Allegiance as United Nations Security Council Reso- DESIGNATION OF THE SPEAKER lution (‘‘UNSCR’’) 864, dated Septem- PRO TEMPORE follows: I pledge allegiance to the Flag of the ber 15, 1993, the order prohibited the The SPEAKER pro tempore laid be- United States of America, and to the Repub- sale or supply by United States persons fore the House the following commu- lic for which it stands, one nation under God, or from the United States, or using nication from the Speaker: indivisible, with liberty and justice for all. U.S.-registered vessels or aircraft, of WASHINGTON, DC, f arms and related materiel of all types, March 23, 1998. including weapons and ammunition, I hereby designate the Honorable GEORGE SUNDRY MESSAGES FROM THE military vehicles, equipment and spare R. NETHERCUTT, Jr., to act as Speaker pro PRESIDENT parts, and petroleum and petroleum tempore on this day. Sundry messages in writing from the products to the territory of Angola NEWT GINGRICH, Speaker of the House of Representatives. President of the United States were other than through designated points communicated to the House by Mr. of entry. The order also prohibited f Edwin Thomas, one of his secretaries. such sale or supply to UNITA. United f States persons are prohibited from ac- PRAYER tivities that promote or are calculated REPORT REGARDING NATIONAL The Chaplain, Reverend James David to promote such sales or supplies, or EMERGENCY WITH RESPECT TO from attempted violations, or from Ford, D.D., offered the following pray- ANGOLA—MESSAGE FROM THE er: evasion or avoidance or transactions PRESIDENT OF THE UNITED that have the purpose of evasion or We are grateful, O God, for the rev- STATES (H. DOC. NO. 105–233) elation of Your Word, a word that cre- avoidance, of the stated prohibitions. ates, endures, and makes us whole. We The SPEAKER pro tempore laid be- The order authorized the Secretary of pray that we will not take that good fore the House the following message the Treasury, in consultation with the Word and use it for our narrow pur- from the President of the United Secretary of State, to take such ac- poses imagining that we are the only States; which was read and, together tions, including the promulgation of ones who know Your way and Your with the accompanying papers, without rules and regulations, as might be nec- will. Open our hearts and minds so that objection, referred to the Committee essary to carry out the purposes of the we are judged by that word and then on International Relations and ordered order. made free by its grace to serve You and to be printed: 1. On December 10, 1993, the Depart- the people of our communities and of To the Congress of the United States: ment of the Treasury’s Office of For- our world. With thankfulness and I hereby report to the Congress on eign Assets Control (OFAC) issued the praise we enter this new day comforted the developments since my last report UNITA (Angola) Sanctions Regulations by Your abiding spirit and sustained by of September 24, 1997, concerning the (the ‘‘Regulations’’) (58 Fed. Reg. 64904) Your message of peace and goodwill. national emergency with respect to to implement the imposition of sanc- This is our earnest prayer. Amen. Angola that was declared in Executive tions against UNITA. The Regulations Order 12865 of September 26, 1993. This prohibit the sale or supply by United f report is submitted pursuant to section States persons or from the United 401(c) of the National Emergencies Act, States, or using U.S.-registered vessels THE JOURNAL 50 U.S.C. 1641(c), and section 204(c) of or aircraft, of arms and related mate- The SPEAKER pro tempore. The the International Emergency Eco- riel of all types, including weapons and Chair has examined the Journal of the nomic Powers Act, 50 U.S.C. 1703(c). ammunition, military vehicles, equip- last day’s proceedings and announces On September 26, 1993, I declared a ment and spare parts, and petroleum to the House his approval thereof. national emergency with respect to the and petroleum products to UNITA or to Pursuant to clause 1, rule I, the Jour- National Union for the Total Independ- the territory of Angola other than nal stands approved. ence of Angola (‘‘UNITA’’), invoking through designated points. United

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H1375 H1376 CONGRESSIONAL RECORD — HOUSE March 23, 1998 States persons are also prohibited from contracts, or the provision, renewal, or ANNUAL REPORT OF NATIONAL activities that promote or are cal- making available of direct insurance ENDOWMENT FOR DEMOCRACY, culated to promote such sales or sup- with respect to (i) any aircraft reg- 1997—MESSAGE FROM THE PRESI- plies to UNITA or Angola, or from any istered in Angola other than those DENT OF THE UNITED STATES transaction by any United States per- specified by the Secretary of the Treas- The SPEAKER pro tempore laid be- sons that evades or avoids, or has the ury, in consultation with the Secretary fore the House the following message purpose of evading or avoiding, or at- of State, and other appropriate agen- from the President of the United tempts to violate, any of the prohibi- cies; (ii) any aircraft that entered the States; which was read and, together tions set forth in the Executive order. territory of Angola other than through with the accompanying paper, without Also prohibited are transactions by a specified point of entry; (e) any objection, referred to the Committee United States persons, or involving the transaction by any United States per- on International Relations. use of U.S.-registered vessels or air- son or within the United States that To the Congress of the United States: craft, relating to transportation to An- evades or avoids, or has the purpose of As required by the provisions of sec- gola or UNITA of goods the exportation evading or avoiding, or attempts to of which is prohibited. tion 504(h) of Public Law 98-164, as violate, any of the prohibitions set The Government of Angola has des- amended (22 U.S.C. 4413(i)), I transmit ignated the following points of entry as forth in this order. Specific licenses herewith the 14th Annual Report of the points in Angola to which the articles may be issued on a case-by-case basis National Endowment for Democracy, otherwise prohibited by the Regula- authorizing, as appropriate, medical which covers fiscal year 1997. emergency flights or flights of aircraft tions may be shipped: Airports: Luanda WILLIAM J. CLINTON. and Katumbela, Benguela Province; carrying food, medicine, or supplies for THE WHITE HOUSE, March 23, 1998. essential humanitarian needs. Execu- Ports: Luanda and Lobito, Benguela f Province; and Namibe, Namibe Prov- tive Order 13069 became effective at ince; and Entry Points: Malongo, 12:01 a.m., eastern standard time, De- SPECIAL ORDERS GRANTED Cabinda Province. Although no specific cember 15, 1997. By unanimous consent, permission to license is required by the Department There have been no amendments to address the House, following the legis- of the Treasury for shipments to these the Regulations since my report of lative program and any special orders designated points of entry (unless the September 24, 1997. heretofore entered, was granted to: item is destined for UNITA), any such 3. On December 31, 1997, OFAC issued (The following Members (at the re- exports remain subject to the licensing quest of Mr. NETHERCUTT) to revise and an order to the Center for Democracy requirements of the Departments of extend their remarks and include ex- in Angola (‘‘CEDA’’ or ‘‘CDA’’) to im- State and/or Commerce. traneous material:) mediately close its offices in the 2. On August 28, 1997, the United Na- Mr. RIGGS, for 5 minutes each day, on United States as required by Executive tions Security Council adopted UNSCR March 24, 25, and 26. Order 13069. The CEDA responded that 1127, expressing its grave concern at Mr. REDMOND, for 5 minutes, on the serious difficulties in the peace it had closed its only U.S. office, lo- March 25. cated in Washington, D.C., in compli- process, demanding that the Govern- f ment of Angola and in particular ance with Executive Order 13069. UNITA comply fully and completely The OFAC has worked closely with EXTENSION OF REMARKS with those obligations, and imposing the U.S. financial and exporting com- By unanimous consent, permission to additional sanctions against UNITA. munities to assure a heightened aware- revise and extend remarks was granted Subsequently, the Security Council ness of the sanctions against UNITA— to: adopted UNSCR 1130 postponing the ef- through the dissemination of publica- (The following Members (at the re- fective date of measures specified by tions, seminars, and a variety of media, quest of Mr. NETHERCUTT) and to in- UNSCR 1127 until 12:01 a.m., eastern including via the Internet, Fax-on-De- clude extraneous matter:) standard time, October 30, 1997, at mand, special fliers, and computer bul- Mr. NETHERCUTT. which time they went into effect. letin board information initiated by Mr. HORN. On December 12, 1997, I issued Execu- OFAC and posted through the U.S. De- Mr. KANJORSKI. tive Order 13069 to implement in the partment of Commerce and the U.S. Mr. NEAL of Massachusetts. United States the provisions of Government Printing Office. There Mr. HAMILTON. UNSCRs 1127 and 1130 (62 Fed. Reg. have been no license applications under f 65989, December 16, 1997). Executive the program since my last report. Order 13069 prohibits (a) the sale, sup- ADJOURNMENT ply, or making available in any form, 4. The expenses incurred by the Fed- The SPEAKER pro tempore. Without by United States persons or from the eral Government in the 6-month period objection, the House stands adjourned United States or using U.S.-registered from September 26, 1997, through until 12:30 p.m. tomorrow for morning vessels or aircraft, of any aircraft or March 25, 1998, that are directly attrib- hour debates. aircraft components, regardless of ori- utable to the exercise of powers and au- There was no objection. gin; (i) to UNITA; (ii) to the territory thorities conferred by the declaration Accordingly (at 2 o’clock and 8 min- of Angola other than through a speci- of a national emergency with respect utes p.m.), under its previous order, the fied point of entry; (b) the insurance, to UNITA are about $80,000, most of House adjourned until tomorrow, Tues- engineering, or servicing by United which represent wage and salary costs day, March 24, 1998, at 12:30 p.m., for States persons or from the United for Federal personnel. Personnel costs morning hour debates. States of any aircraft owned or con- were largely centered in the Depart- f trolled by UNITA; (c) the granting of ment of the Treasury (particularly in permission to any aircraft to take off the Office of Foreign Assets Control, EXECUTIVE COMMUNICATIONS, from, land in, or overfly the United the U.S. Customs Service, the Office of ETC. States if the aircraft, as part of the the Under Secretary for Enforcement, Under clause 2 of rule XXIV, execu- same flight or as a continuation of that and the Office of the General Counsel) tive communications were taken from flight, is destined to land in or has and the Department of State (particu- the Speaker’s table and referred as fol- taken off from a place in the territory larly the Office of Southern African Af- lows: of Angola other than a specified point fairs). of entry; (d) the provision or making 8129. A letter from the Administrator for available by United States persons or I will continue to report periodically Rural Development, Department of Agri- culture, transmitting the Department’s final from the United States of engineering to the Congress on significant develop- ments, pursuant to 50 U.S.C. 1703(c). rule—Electric Transmission Specifications and maintenance servicing, the certifi- and Drawings (34.5 kV to 69 kV and 115 kV to WILLIAM J. CLINTON. cation of airworthiness, the payment of 230 kV) for Use on RUS Financed Electric new claims against existing insurance THE WHITE HOUSE, March 23, 1998. Systems [7 CFR Part 1728] received March 9, March 23, 1998 CONGRESSIONAL RECORD — HOUSE H1377 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ATF–383 and Notice No. 833] received March 9139] received March 19, 1998, pursuant to 5 Committee on Agriculture. 18, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 801(a)(1)(A); to the Committee on 8130. A letter from the Under Secretary for the Committee on Commerce. Commerce. Acquisition and Technology, Department of 8141. A letter from the Director, Office of 8150. A letter from the AMD-Performance Defense, transmitting notice of a plan to Rulemaking Coordination, Department of Evaluation and Records Management, Fed- study conversion of any commercial- or in- Energy, transmitting the Department’s final eral Communications Commission, transmit- dustrial-type function from performance by rule—Acquisition Regulation: Department of ting the Commission’s final rule—Amend- DOD civilian employees to private contrac- Energy Management and Operating Con- ment of Section 73.202(b), Table of Allot- tors; cost comparison; certification that tracts (RIN: 1991–AB–37) received March 13, ments, FM Broadcast Stations. (Colchester, comparisons are based on most efficient DOD 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Illinois) [MM Docket No. 97–218 RM–9172] re- organization possible; and economic and Committee on Commerce. ceived March 19, 1998, pursuant to 5 U.S.C. military impact of conversion and cost of 8142. A letter from the Deputy Assistant 801(a)(1)(A); to the Committee on Commerce. contractor performance, pursuant to 10 Administrator, Office of Diversion Control, 8151. A letter from the Secretary, Federal U.S.C. 2304 nt; to the Committee on National Drug Enforcement Administration, trans- Trade Commission, transmitting the Com- Security. mitting the Administration’s final rule—Re- mission’s final rule—Rules and Regulations 8131. A letter from the Under Secretary for moval of Exemption for Certain Under the Textile Fiber Products Identifica- Acquisition and Technology, Department of Pseudoephedrine Products Marketed Under tion Act, the Wool Products Labeling Act, Defense, transmitting the Department’s 1997 the Food, Drug, and Cosmetic Act (FD&C and the Fur Products Labeling Act [76 CFR report entitled ‘‘International Cooperative Act) [DEA Number 138P] (RIN: 1117–AA32) re- Parts, 1, 300, 301, and 303] received March 9, Research and Development Program,’’ pursu- ceived March 9, 1998, pursuant to 5 U.S.C. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 10 U.S.C. 2350(f)(1); to the Committee 801(a)(1)(A); to the Committee on Commerce. Committee on Commerce. on National Security. 8143. A letter from the AMD-Performance 8152. A letter from the Chairman, Nuclear 8132. A letter from the Director, Office of Evaluation and Records Management, Fed- Regulatory Commission, transmitting a Personnel Management, transmitting notifi- eral Communications Commission, transmit- draft of proposed legislation to authorize ap- cation that OPM has approved proposals for ting the Commission’s final rule—Amend- propriations for the Nuclear Regulatory three personnel management demonstration ment of Section 73.202(b), Table of Allot- Commission for fiscal year 1999, pursuant to projects for the Department of the Army, ments, FM Broadcast Stations (Kenova, 31 U.S.C. 1110; to the Committee on Com- submitted by the Department of Defense, West Virginia) [MM Docket No. 97–177 RM– merce. 8153. A letter from the Secretary of Health pursuant to Public Law 103–337, section 342(b) 9131] received March 19, 1998, pursuant to 5 and Human Services, transmitting a draft of (108 Stat. 2721); to the Committee on Na- U.S.C. 801(a)(1)(A); to the Committee on proposed legislation to provide for user fees tional Security. Commerce. 8133. A letter from the Secretary of De- 8144. A letter from the AMD—Performance for approval, importation, and postmarket surveillance of products regulated under the fense, transmitting a letter regarding the Evaluation and Records Management, Fed- Federal Food, Drug, and Cosmetic Act; to current Future Years Defense Program eral Communications Commission, transmit- ting the Commission’s final rule—In the the Committee on Commerce. (FYDP), associated with the DDG–51 8154. A letter from the Chairman, Merit Matter of Implementation of the Tele- multiyear program, pursuant to Public Law Systems Protection Board, transmitting the communications Act of 1996: Telecommuni- 105–56; to the Committee on National Secu- Nineteenth Annual Report on the activities cations Carriers’ Use of Proprietary Network rity. of the Board during Fiscal Year 1997, pursu- 8134. A letter from the Secretary of De- Information and Other Customer Informa- ant to 5 U.S.C. 1206; to the Committee on fense, transmitting a report on the feasibil- tion [CC Docket No. 96–115] received March Government Reform and Oversight. ity and desirability of converting Active 18, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 8155. A letter from the Acting Director, Guard and Reserve personnel to military the Committee on Commerce. Fish and Wildlife Service, Department of the technicians (dual status), pursuant to Public 8145. A letter from the AMD-Performance Interior, transmitting the Department’s Law 105–85; to the Committee on National Evaluation and Records Management, Fed- final rule—Endangered and Threatened Wild- Security. eral Communications Commission, transmit- life and Plants; Revocation of Critical Habi- 8135. A letter from the Secretary of De- ting the Commission’s final rule—Amend- tat for the Mexican Spotted Owl, Loach Min- fense, transmitting a report on the joint de- ment of Section 73.202(b), Table of Allot- now, and Spikedace (RIN: 1018–AE95) re- militarization technology program, pursuant ments, FM Broadcast Stations (Presho, ceived March 18, 1998, pursuant to 5 U.S.C. to Public Law 104–201; to the Committee on South Dakota) [MM Docket No. 97–175 RM– 801(a)(1)(A); to the Committee on Resources. National Security. 9138) received March 19, 1998, pursuant to 5 8156. A letter from the Secretary of Health 8136. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on and Human Services, transmitting a draft of Department of Housing and Urban Develop- Commerce. proposed legislation to designate segments ment, transmitting the Department’s final 8146. A letter from the AMD-Performance of the Clavey River and tributaries, rule—Implementation of the Native Amer- Evaluation and Records Management, Fed- Stanislaus River and tributaries, and South ican Housing Assistance and Self-Determina- eral Communications Commission, transmit- Fork Tuolumne River as components of the tion Act of 1996; Final Rule [Docket No. FR– ting the Commission’s final rule—Amend- National Wild and Scenic Rivers System, and 4170–F–16] (RIN: 2577–AB74) received March ment of Section 73.202(b), Table of Allot- for other purposes; to the Committee on Re- 12, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ments, FM Broadcast Stations (Guymon, sources. the Committee on Banking and Financial Oklahoma) [MM Docket No. 97–238 RM–9201] 8157. A letter from the Administrator, Fed- Services. received March 19, 1998, pursuant to 5 U.S.C. eral Aviation Administration, transmitting 8137. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Commerce. a report on the minimum standards for pilot for OSHA, Department of Labor, transmit- 8147. A letter from the AMD-Performance qualifications and of pay for training, pursu- ting the Department’s final rule—Safety Evaluation and Records Management, Fed- ant to 49 U.S.C. 44935 nt.; to the Committee Standards for Scaffolds Used in the Con- eral Communications Commission, transmit- on Transportation and Infrastructure. struction Industry [Docket No. S–205] (RIN: ting the Commission’s final rule—Amend- 8158. A letter from the Secretary of Trans- 1218–AA40) received March 6, 1998, pursuant ment of Section 73.202(b), Table of Allot- portation, transmitting the Department’s bi- to 5 U.S.C. 801(a)(1)(A); to the Committee on ments, FM Broadcast Stations (Roscoe, ennial report entitled ‘‘1997 Status of the Na- Education and the Workforce. South Dakota) [MM Docket No. 97–176 RM– tion’s Surface Transportation System: Con- 8138. A letter from the Clerk, U.S. Court of 9141] received March 19, 1998, pursuant to 5 dition and Performance Report,’’ pursuant to Appeals for the District of Columbia Circuit, U.S.C. 801(a)(1)(A); to the Committee on 49 U.S.C. 308(e)(1); to the Committee on transmitting two opinions of the United Commerce. Transportation and Infrastructure. States Court of Appeals for the District of 8148. A letter from the AMD-Performance 8159. A letter from the Director, Office of Columbia Circuit; to the Committee on Edu- Evaluation and Records Management, Fed- Regulatory Management and Information, cation and the Workforce. eral Communications Commission, transmit- Environmental Protection Agency, transmit- 8139. A letter from the Secretary of Health ting the Commission’s final rule—Amend- ting the Agency’s final rule—Guidance Docu- and Human Services, transmitting the 1994 ment of Section 73.202(b), Table of Allot- ment (Memorandum) For Award Of Grants and 1995 report on the Consolidated Federal ments, FM Broadcast Stations (Murdo, Authorized By This Agency’s FY 1998 Appro- Programs under the Maternal and Child South Dakota) [MM Docket No. 97–191 RM– priations Act—received March 12, 1998, pur- Health Services Block Grant, pursuant to 42 9140] received March 19, 1998, pursuant to 5 suant to 5 U.S.C. 801(a)(1)(A); to the Commit- U.S.C. 706(a)(2); to the Committee on Com- U.S.C. 801(a)(1)(A); to the Committee on tee on Transportation and Infrastructure. merce. Commerce. 8160. A letter from the Secretary of Trans- 8140. A letter from the Regulatory Policy 8149. A letter from the AMD-Performance portation, transmitting a report entitled Officer, Bureau of Alcohol, Tobacco and Evaluation and Records Management, Fed- ‘‘The Impact of Increased Speed Limits in Firearms, transmitting the Bureau’s final eral Communications Commission, transmit- the Post-NMSL Era,’’ pursuant to Public rule—Implementation of Public Law 103–322, ting the Commission’s final rule—Amend- Law 104–59; to the Committee on Transpor- the Violent Crime Control and Law Enforce- ment of Section 73.202(b), Table of Allot- tation and Infrastructure. ment Act of 1994 (94F–022P) [T.D. ATF–396; ments, FM Broadcast Stations. (Ipswich, 8161. A letter from the Chief Counsel, Bu- Ref: T.D. ATF–363 and Notice No. 807; T.D. South Dakota) [MM Docket No. 97–190 RM– reau of the Public Debt, Department of the H1378 CONGRESSIONAL RECORD — HOUSE March 23, 1998 Treasury, transmitting the Department’s Oversight, Education and the Workforce, the H.R. 3474. A bill to help parents keep their final rule—Regulations Governing CUBES Judiciary, Ways and Means, Transportation children from starting to use tobacco prod- (Coupons Under Book-Entry Safekeeping) [31 and Infrastructure, and Intelligence (Perma- ucts, to expose the tobacco industry’s past CFR Part 358] received March 6, 1998, pursu- nent Select). misconduct and to stop the tobacco industry ant to 5 U.S.C. 801(a)(1)(A); to the Committee f from targeting children, to eliminate or on Ways and Means. greatly reduce the illegal use of tobacco 8162. A letter from the Secretary of the REPORTS OF COMMITTEES ON products by children, to improve the public Navy, transmitting a report entitled ‘‘U.S. PUBLIC BILLS AND RESOLUTIONS health by reducing the overall use of tobacco Navy Submarine Solid Waste Management products, and for other purposes; to the Com- Plan for MARPOL Annex V Special Areas,’’ Under clause 2 of rule XIII, reports of mittee on Commerce, and in addition to the pursuant to Public Law 105–85; jointly to the committees were delivered to the Clerk Committees on Ways and Means, the Judici- Committees on National Security and Trans- for printing and reference to the proper ary, Education and the Workforce, Agri- portation and Infrastructure. calendar, as follows: culture, the Budget, Resources, and Inter- 8163. A letter from the Secretary of Agri- national Relations, for a period to be subse- culture, transmitting a draft of proposed leg- [The following action occurred on March 20, 1998] quently determined by the Speaker, in each islation to amend the National School Lunch case for consideration of such provisions as Act, and the Child Nutrition Act of 1966 to Mr. SHUSTER: Committee on Transpor- fall within the jurisdiction of the committee provide children with increased access to tation and Infrastructure. H.R. 2843. A bill to concerned. direct the Administrator of the Federal food and nutrition assistance, to simplify [Submitted March 23, 1998] program operations and improve program Aviation Administration to reevaluate the management, to extend certain authorities equipment in medical kits carried on, and to By Mr. COBLE: contained in such Acts through fiscal year make a decision regarding requiring auto- H.R. 3528. A bill to amend title 28, United 2002, and for other purposes; jointly to the matic external defilbrillators to be carried States Code, with respect to the use of alter- Committees on Education and the Workforce on, aircraft operated by air carriers, and for native dispute resolution processes in United and Government Reform and Oversight. other purposes; with an amendment (Rept. States district courts, and for other pur- 8164. A letter from the Director, Defense 105–456). Referred to the Committee of the poses; to the Committee on the Judiciary. Security Agency, transmitting a report on Whole House on the State of the Union. By Mr. CHABOT: H.R. 3529. A bill to establish a national pol- the delivery of defense articles for Cambodia [Submitted March 23, 1998] to support efforts to locate and repatriate icy against State and local interference with Mr. THOMAS: Committee on House Over- interstate commerce on the Internet or on- members of the United States Armed Forces sight. H.R. 3485. A bill to amend the Federal and civilians employed directly or indirectly line services, and to excise congressional ju- Election Campaign Act of 1971 to reform the risdiction over interstate commerce by es- by the USG who remain unaccounted for financing of campaigns for election for Fed- from the Vietnam War, pursuant to Public tablishing a moratorium on the imposition eral office, and for other purposes; with an of exactions that would interfere with the Law 104–107, section 540(c) (110 Stat. 736); amendment (Rept. 105–457 Pt. 1). jointly to the Committees on International free flow of commerce via the Internet, and Relations and Appropriations. DISCHARGE OF COMMITTEES for other purposes; to the Committee on the 8165. A letter from the Assistant Secretary Pursuant to clause 5 of rule X the Judiciary, and in addition to the Committees for Legislative Affairs, Department of State, Committees on the Judiciary and Ways on Rules, and Ways and Means, for a period transmitting a report regarding allocations and Means discharged from further to be subsequently determined by the Speak- of all Economic Support Funds, including er, in each case for consideration of such pro- consideration. H.R. 3485 referred to the visions as fall within the jurisdiction of the those allocated for the Middle East, pursuant Committee of the Whole House on the to Public Law 105–118; jointly to the Com- committee concerned. mittees on International Relations and Ap- State of the Union, and ordered to be f propriations. printed. 8166. A letter from the Administrator, Fed- f MEMORIALS eral Aviation Administration, transmitting Under clause 4 of rule XXII, memori- a report on the independent assessment of TIME LIMITATION OF REFERRED als were presented and referred as fol- the acquisition management system, pursu- BILL lows: ant to 49 U.S.C. 40110 nt; jointly to the Com- mittees on Transportation and Infrastruc- Pursuant to clause 5 of rule X the fol- 257. The SPEAKER presented a memorial ture and Appropriations. lowing action was taken by the Speak- of the State Senate of Michigan, relative to 8167. A letter from the Secretary of Health er: Senate Resolution Number 141 memorializ- and Human Services, transmitting a report H.R. 3485. Referral to the Committees on ing March 1998 as Parenting Awareness entitled ‘‘Development of Resource-Based the Judiciary and Ways and Means extended Month; to the Committee on Education and Practice Expense Relative Value Units,’’ for a period ending not later than March 23, the Workforce. pursuant to Public Law 105–33; jointly to the 1998. 258. Also, a memorial of the House of Rep- Committees on Ways and Means and Com- resentatives of the State of New Hampshire, f merce. relative to Resolution 53 urging Congress to pass and the President to sign a bill return- 8168. A letter from the Commissioner, So- PUBLIC BILLS AND RESOLUTIONS cial Security Administration, transmitting a ing to the states the power to regulate cam- draft of proposed legislation to amend the Under clause 5 of rule X and clause 4 paign finance in state races for federal office; Social Security Act and the Balanced Budget of rule XXII, public bills and resolu- to the Committee on House Oversight. and Emergency Deficit Control Act of 1985 tions were introduced and severally re- 259. Also, a memorial of the Senate of the and a related law to make various changes in ferred, as follows: State of New Jersey, relative to Senate Res- suppport of the President’s Fiscal Year 1999 olution Number 8 memorializing Congress to Budget respecting the Social Security Ad- [Omitted from the Record of March 17, 1998] appropriate funds for creation of Grover ministration; jointly to the Committees on By Mr. FAZIO of California (for him- Cleveland Museum and Library in Caldwell, Ways and Means and the Budget. self, Mr. GEPHARDT, Mr. BONIOR, Mr. New Jersey; to the Committee on Resources. 8169. A letter from the Administator, Na- PALLONE, Mr. SAWYER, Mr. MEEHAN, 260. Also, a memorial of the Legislature of tional Aeronautics and Space Administra- Mr. ACKERMAN, Mr. ALLEN, Mr. the Commonwealth of The Mariana Islands, tion, transmitting a draft of proposed legis- BECERRA, Mr. BLUMENAUER, Mr. BOS- relative to Resolution Number 11–10 urging lation to authorize appropriations to the Na- WELL, Mr. BROWN of California, Ms. the United States Congress not to entertain tional Aeronautics and Space Administra- DEGETTE, Mr. DELAHUNT, Ms. the President’s proposal of imposing a tariff tion for human space flight, science, aero- DELAURO, Mr. FALEOMAVAEGA, Mr. on certain textiles and apparel products pro- nautics, and technology, mission support, FARR of California, Mr. FORD, Mr. duced in the Commonwealth of the Northern and Inspector General, and for other pur- HINCHEY, Mr. KENNEDY of Massachu- Mariana Islands; to the Committee on Ways poses, pursuant to 31 U.S.C. 1110; jointly to setts, Mr. LAFALCE, Mr. LAMPSON, and Means. the Committees on Science, Government Re- Mr. LANTOS, Mr. LEVIN, Mr. LEWIS of 261. Also, a memorial of the Legislature of form and Oversight, and the Judiciary. Georgia, Mr. LIPINSKI, Mr. MATSUI, the Territory of Virgin Islands, relative to 8170. A letter from the General Counsel, Ms. MCCARTHY of Missouri, Mr. Resolution Number 1587 amending the Tax- Department of Defense, transmitting a draft MCGOVERN, Mr. MCHALE, Mr. MINGE, payer Relief Act of 1997; to the Committee on of proposed legislation to authorize appro- Mr. NADLER, Ms. NORTON, Mr. OBER- Ways and Means. priations for fiscal year 1999 for military ac- STAR, Mr. OLVER, Mr. POMEROY, Ms. 262. Also, a memorial of the General As- tivities of the Department of Defense, to pre- ROYBAL-ALLARD, Mr. SERRANO, Mr. sembly of the State of Iowa, relative to Res- scribe military personnel strengths for fiscal SHERMAN, Mr. STOKES, Mrs. olution Number 102 requesting the United year 1999, and for other purposes, pursuant to TAUSCHER, Ms. VELA´ ZQUEZ, Mr. States Department of Health and Human 31 U.S.C. 1110; jointly to the Committees on WEXLER, Ms. WOOLSEY, Mr. UNDER- Services to revise a proposed rulemaking for National Security, Government Reform and WOOD, and Mr. YATES): implementing welfare reform and requesting March 23, 1998 CONGRESSIONAL RECORD — HOUSE H1379

the United States Congress to provide over- H.R. 2231: Mr. ARMEY, Mr. UPTON, and Mr. H.R. 3279: Mr. LANTOS and Ms. KILPATRICK. sight; to the Committee on Ways and Means. CHABOT. H.R. 3336: Mrs. FOWLER, Mr. YOUNG of Flor- 263. Also, a memorial of the House of Rep- H.R. 2701: Mrs. THURMAN. ida, Mr. MILLER of Florida, Mr. GOSS, Mr. resentatives of the State of New Hampshire, H.R. 2801: Ms. CARSON and Mr. MARTINEZ. WELDON of Florida, Ms. ROS-LEHTINEN, and relative to Resolution Number 55 urging H.R. 3107: Mr. STENHOLM. Mr. SHAW. H.R. 3127: Mr. COBURN, Mr. SHADEGG, Mr. timely responses to damage caused to forests H.R. 3469: Mr. STARK, Mr. NADLER, and Ms. BEREUTER, Mr. GORDON, Mr. MILLER of Flor- by the ice storm of 1998; jointly to the Com- HOOLEY of Oregon. ida, Mr. CRAPO, Mr. KOLBE, and Mr. UPTON. mittees on Agriculture and Ways and Means. H.R. 3501: Mr. LIVINGSTON and Mrs. MYRICK. H.R. 3131: Mr. HEFNER and Mr. BOEHLERT. 264. Also, a memorial of the House of Rep- H.R. 3526: Mr. MCHALE and Mr. CLEMENT. resentatives of the State of Maine, relative H.R. 3156: Mr. BLAGOJEVICH, Ms. BROWN of H.J. Res. 102: Mr. BARRETT of Wisconsin, to urging the President of the United States Florida, Mrs. CLAYTON, Mr. COSTELLO, Mr. Ms. CARSON, Mr. LAMPSON, Mr. MCDERMOTT, to release LIHEAP funds to assist Maine DELAHUNT, Mrs. EMERSON, Mr. GUTIERREZ, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. citizens; jointly to the Committees on Com- Mr. GUTKNECHT, Mr. HASTINGS of Washing- NORWOOD, Mr. PALLONE, Mr. POSHARD, and merce and Education and the Workforce. ton, Mr. LEWIS of California, Mr. MCDADE, Mr. RYUN. Ms. MCKINNEY, Mr. MEEHAN, Mr. MEEKS of f H. Con. Res. 210: Mr. Goss. New York, Mrs. MINK of Hawaii, Mr. MORAN H. Con. Res. 212: Mr. SNYDER, Mr. METCALF, ADDITIONAL SPONSORS of Virginia, Mr. NEAL of Massachusetts, Mr. Mr. MINGE, Mr. BONILLA, Mr. PAPPAS, and PALLONE, Mr. ROTHMAN, Mr. SHIMKUS, Ms. Under clause 4 of rule XXII, sponsors Mr. HEFLEY. STABENOW, Mr. THOMAS, Ms. VELAZQUEZ, Mr. were added to public bills and resolu- H. Res. 313: Mrs. JOHNSON of Connecticut, VENTO, Mr. WOLF, Mr. YATES, Mr. ANDREWS, tions as follows: Ms. NORTON, and Ms. JACKSON-LEE. Mrs. KENNELLY of Connecticut, Mr. H.R. 457: Mr. KLUG and Mr. LOBIONDO. PASCRELL, Mr. MATSUI, Mr. ENSIGN, Mr. f H.R. 1126: Mr. SERRANO. SHAYS, Mr. LEVIN, Mr. MCINNIS, Mrs. JOHN- H.R. 1425: Mr. KUCINICH and Mr. LAMPSON. SON of Connecticut, Mr. CONDIT, Mr. THOMP- H.R. 1539: Mr. CONDIT. SON ORSKI LYBURN H.R. 1704: Mr. SOUDER. , Mr. B , Mr. C , Mr. PETITIONS, ETC. LATOURETTE, Mr. DICKEY, Mr. CUMMINGS, Mr. H.R. 1812: Mr. NETHERCUTT. Under clause 1 of rule XXII, H.R. 1861: Mr. ACKERMAN, Ms. FURSE, and FATTAH, Ms. DEGETTE, Ms. HARMAN, Mr. Mr. MARKEY. WATT of North Carolina, Mr. CLEMENT, Mr. 54. The SPEAKER presented a petition of H.R. 1995: Mr. DAVIS of Illinois, Mr. JOHNSON of Wisconsin, Mr. SAWYER, Mrs. the Township of Brick, Ocean County, New BLAGOJEVICH, Mr. SCOTT, Mr. MCGOVERN, Mr. TAUSCHER, and Mr. CRAMER. Jersey, relative to urging the President and CLYBURN, and Ms. BROWN of Florida. H.R. 3216: Mr. LAMPSON, Ms. ROYBAL-AL- Congress to support closure of the School of H.R. 2070: Mr. BATEMAN and Mr. GOOD- LARD, Ms. CARSON, Mr. BROWN of California, the Americas; which was referred to the LATTE. Mr. CLYBURN, and Mr. LANTOS. Committee on National Security. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, MONDAY, MARCH 23, 1998 No. 33 Senate The Senate met at 12 noon and was a vote will occur today at 5:30, hope- tions, and we have to complete the edu- called to order by the President pro fully with respect to an amendment to cation bill. So we just do not have the tempore (Mr. THURMOND). the supplemental appropriations bill, time to have the necessary focused de- but if that cannot be arranged, or if bate that we need to have on NATO en- PRAYER there is not an amendment available at largement. It may be after the Easter The Chaplain, Dr. Lloyd John that time, then the Senate will be vot- recess before we come back to that. A Ogilvie, offered the following prayer: ing with respect to an Executive Cal- number of Senators have asked that we God of mercy and mirth, when ten- endar item. Therefore, Senators should have the final debate and votes after sions mount, tempers are frayed, and be on notice that a vote will occur at the Easter recess, so we may have to do work piles up, we thank You that You 5:30. that. are the source of true joy. When life It is my hope the Senate can make So we will have a vote at 5:30 this gets tedious and people are difficult, good progress, if not complete action, afternoon on the supplemental appro- we praise You that we can experience on the supplemental appropriations priations bill, an amendment perhaps, what Habakkuk of old discovered, ‘‘I bill, since it is an emergency. It is the and then we will have the Coverdell will rejoice in the Lord, I will joy in funds for our activities in Bosnia and education bill tomorrow. I hope that the God of my salvation. The Lord is the Persian Gulf, as well as for natural we can find a way to work together and my strength. . . .’’—Habakkuk 3:18. disasters. I hope we can get it com- not spend the whole week with filibus- How wonderful! The prophet uses joy as pleted, certainly prior to an antici- ters and cloture votes, but if not, we a verb. pated cloture vote at 5:30 p.m. on Tues- will go with the cloture votes and take Today, we too want to joy in You. We day. That cloture vote would be on up the emergency issues we have to know that joy is an outward expression H.R. 2646, which is the Coverdell A+ deal with. I hope we will get coopera- of an inner experience of Your grace. Education Savings Account Act. Per- tion. I thank the Senators for that. So we begin this new week reflecting haps we will be able to work out a I suggest the absence of a quorum. on Your amazing grace. Your love for unanimous consent agreement on a The PRESIDING OFFICER (Mr. ROB- us has no limits. There is nothing we limited number of amendments and ERTS). The clerk will call the roll. can do to stop You from loving us, but how those amendments could be han- The legislative clerk proceeded to there is much that we do to block the dled so that cloture would not be nec- call the roll. experience of Your love. We confess our essary, but if not, we will have cloture Mr. WELLSTONE. Mr. President, I self-justification, our pride, and our re- at 5:30. And I assume and hope that ask unanimous consent that the order luctance to forgive. Cleanse anything that cloture motion will be agreed to. for the quorum call be rescinded. in us that would block the flow of Your So I ask all Members who must The PRESIDING OFFICER. Without joy in us. Also show us ways we sup- amend that important legislation to objection, it is so ordered. press or even kill Your joy in others. notify the managers of their inten- Mr. WELLSTONE. I ask unanimous Nehemiah gives us today’s motto: ‘‘The tions. Senator STEVENS will be coming consent I be allowed to speak as in joy of the Lord is Your strength.’’—Ne- here later, and he will be looking for morning business for 15 minutes. hemiah 8:10. In the name of Christ who notification of any amendments that The PRESIDING OFFICER. Without brings lasting joy. Amen. might be necessary. objection, it is so ordered. The Senator f As announced earlier, consideration is recognized. of the NATO treaty has been post- f RECOGNITION OF THE MAJORITY poned, to occur at a later date, possibly LEADER even after the Easter recess. The Sen- SHRINKING WELFARE ROLLS The PRESIDENT pro tempore. The ate has several very important emer- Mr. WELLSTONE. Mr. President, I able majority leader of the Senate, gency items we have to consider prior came to the floor last week—maybe it Senator LOTT, is recognized. to the recess, including, probably on was a week and a half ago—with an f Thursday of this week, the Mexico de- amendment that called on my col- certification issue. The rules require leagues to be willing, as responsible SCHEDULE that we have to act on that before Sat- policymakers, to take a close look at Mr. LOTT. Mr. President, today the urday, and I believe the rules also pro- what was happening around the coun- Senate will begin consideration of S. vide for up to 10 hours of debate. So we try, to mainly women and children, as 1768, the emergency supplemental ap- have to do that Thursday, we have to a result of the welfare ‘‘reform’’ bill propriations bill. As earlier announced, complete the supplemental appropria- that was passed in 1996. When I came to

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

S2377 S2378 CONGRESSIONAL RECORD — SENATE March 23, 1998 the floor, I marshaled evidence as to But the sanction statistics provide a fuller lance, she is what’s known as a hard-to-serve the need for us to know more, as to the picture of what has generally been cast as client—somebody who hasn’t worked in a need for some kind of study. What the the success of welfare overhaul: Not all of decade, who tangles with her landlord and amendment said was that we should those leaving the rolls are converts to the the mailman, who lacks transportation and work ethic; a sizable number either are re- has a history of back problems that she says call on States to provide data to fusing to cooperate or are so hampered by se- flare up almost every time she is asked to Health and Human Services as to how rious problems that they are unable to com- show up for an appointment or meet a dead- many of the families that were no ply with the new requirements. line. longer on the welfare rolls were reach- State officials say that the high rate of A few years ago, during an earlier effort at ing economic self-sufficiency, what sanctioning is evidence the new law is work- welfare reform, her caseworker threatened to kind of jobs people had, what kind of ing as intended, smoking out people who al- cut off her welfare check if she didn’t go to wages, and what about child care for ready had jobs but weren’t reporting them, work. The caseworker ‘‘said it was the law or in other cases impressing upon recipients children? that I had to get a job,’’ said Watson, 42. ‘‘I that they can no longer receive aid indefi- asked her to show it to me.’’ Mr. President, that amendment I nitely without preparing themselves for The caseworker gave up. think received about 43 or 44 votes. work. But in 1996, welfare reform got serious in Maybe the reason the amendment was But advocates for the poor warn that many Tennessee. Watson, who lives in a rented not agreed to was because I put that states are imposing severe measures that end house with her 18-year-old son and a 20-year- amendment on the highway bill, or the people’s benefits with no assurances that old daughter, was soon called in to the Mem- ISTEA bill, because I wanted to call at- their children will be fed or their houses phis welfare office and handed a ‘‘personal tention to what is happening around heated. responsibility’’ contract requiring her to at- Valerie Watson, a Memphis mother who tend classes to prepare for work. She was of- the country as, from some of my own says she has recurring back problems, was travel, I have seen it. fered the choice of signing the form or losing cut off welfare last fall for missing training her check right then. ‘‘I signed, but I knew I Today we have two front page sto- classes and showing up late for an appoint- couldn’t attend classes because of my back ries, colleagues. I want to announce my ment with her caseworker. She gradually injury,’’ she said. intention on an amendment. One, in sold her belongings as she grew more des- Her check was docked 20 percent after she the Washington Post, ‘‘Sanctions: A perate for money. failed to attend any of the eight weeks of Force Behind Falling Welfare Rolls,’’ ‘‘We went through the whole winter with daily classes. She appealed, citing her back no utilities,’’ she said. ‘‘This is a story you and the other, in the New York Times: injury, but missed the hearing; she said she wouldn’t believe because it has been so was ill. Eventually, she lost all benefits. ‘‘Most Dropped from Welfare Don’t Get rough.’’ Jobs.’’ When she tried to reopen the case, she was a Watson is part of the hidden story behind ‘‘little late, about five minutes,’’ she said, Mr. President, I ask unanimous con- the tale of welfare success being told across and officials sent her home to wait until she sent that both these articles be printed the country. Until the passage of welfare re- heard from them again. form legislation, states were hampered from in the RECORD. Months passed, with Watson trying to get cutting off families for failure to work. Now, There being no objection, the articles by without her $142 monthly welfare check. 30 state legislatures have given caseworkers were ordered to be printed in the She haunted food pantries and churches, bor- the authority to eliminate welfare grants rowed $1,200 from friends and acquaintances, RECORD, as follows: when families fail to cooperate with several lost her phone and had her electricity cut [From the Washington Post, Mar. 23, 1998] new rules, including requirements that re- off. cipients search for jobs, volunteer or attend SANCTIONS: A FORCE BEHIND FALLING WEL- Soon she started selling everything she job-preparation classes. FARE ROLLS—STATES ARE CUTTING OFF owned: her refrigerator, three gas heaters, ‘‘Sanctions are the spur for people to make TENS OF THOUSANDS WHO WON’T SEEK WORK the dining room table, her ladder, fans. the move from welfare to work,’’ said New OR FOLLOW RULES Eventually, she sold her stove. She cooks Jersey welfare commissioner William (By Barbara Vobejda and Judith Havemann) on a grill in the back yard, even in winter. Waldman. ‘‘To have a program that wasn’t All along, she couldn’t comply, she ex- Governors across the country are boasting serious, that didn’t have consequences or plained, because of her back injury. that welfare reform is successfully moving sanctions for not taking a step up in life, was She sought legal help, tried to qualify for millions of people off the rolls and into jobs. very bad public policy that served to trap disability payments, fought eviction and re- But closer scrutiny of state and federal people on the rolls. I don’t minimize the im- cently got back on the rolls by signing a new records shows that tens of thousands of fami- pact of sanctions, but the alternative is personal responsibility agreement. lies are being forced off welfare as punish- worse.’’ ment for not complying with tough new During the national debate over welfare re- But Watson said she is already worried: rules. form two years ago, many assumed that the Back pain may once more prevent her from Federal statistics show that in one three- moment of truth would come years from now complying. month period last year, 38 percent of the re- when recipients reached time limits that Classes start at 8 a.m. today. cipients who left welfare did so because of would end their benefits. But the widespread The problem for caseworkers is how to state sanctions, ordered for infractions from use of sanctions has moved up that moment. know whether Watson and other recipients missing appointments with caseworkers to Energized by their welfare reform pro- like her are disabled or only in need of a refusing to search for work. grams, states are moving swiftly to put their strong push to become independent. In a city These and other sanction numbers gath- new sanction power to use. But social service where each caseworker handles a minimum ered by The Washington Post from welfare advocates argue that in many cases, states of 150 active welfare cases—plus an addi- offices nationwide are among the earliest are making bad judgments. tional 100 miscellaneous clients for food statistics available on how the states are im- Bill Biggs, a former welfare administrator stamps or other benefits—it is hard to get to plementing the 1996 federal welfare law, from Utah, wrote in a recent publication know each recipient well. which triggered a dramatic revision of public that under a pilot program in his state, half ‘‘On any given day we can have a 40 to 60 assistance programs. of the sanctions ordered were done in error, percent no-show rate’’ said Anola Crunk, a In some states, sanctions have become a often when a caseworker didn’t detect that a program supervisor in Memphis. Each missed significant part of declining caseloads. More recipient suffered from mental illness or appointment requires a follow-up. than half of the 14,248 cases closed in Indiana some other problem. Caseworkers say that even in face-to-face in a three-month period last year, for exam- Nothing illustrates individual states’ new interviews, clients are not always forthcom- ple, were a result not of people finding work discretion—and how that produces widely di- ing about their problems. but of sanctions, according to federal vergent policies—more vividly than their ap- State officials and welfare experts say they records. In Florida, state officials report proach to sanctions. believe that those who do get cut from the that 27 percent of the 148,000 cases they New York, for example, prohibits case- rolls represent the two extremes of the wel- closed in the second half of 1997 were because workers from taking a family’s entire check fare population. At one end are people who of sanctions. for failure to work. In Georgia, families who are able to find jobs, or have other income, In the first year of Tennessee’s new pro- receive two sanctions are banned for life and simply choose not to comply. Officials gram, 40 percent of the families leaving wel- from receiving assistance, although this has say they are unlikely to be in desperate fare—nearly 14,000—lost benefits because happened in only a handful of cases. straits. they did not comply with regulations, com- In Alabama, clients can lose their benefits At the other extreme are those unable to pared with 29 percent who left for employ- for failing to show up for a single appoint- meet requirements because they are the ment, according to a University of Memphis ment without a good excuse, but they can re- most troubled families—plagued by mental study. apply the next month. illness, substance abuse, domestic violence Nationally, caseloads have fallen by 18 per- No matter what the state policy, women or such low reading levels that they have dif- cent in the past year, attributable both to a like Valerie Watson represent a common ficulty understanding the new regulations, healthy economy and welfare reform efforts. problem facing caseworkers. In welfare par- much less finding work. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2379 A Minnesota study of sanctioned families The survey, by the State Office of Tem- ‘‘Up to now,’’ she said, ‘‘there have been found they were twice as likely as other wel- porary and Disability Assistance, compared claims and counterclaims about the success fare recipients to report mental health prob- lists of people whose benefits ended during a of welfare reform, but there has been no data lems and four times as likely to report sub- given quarter of the year against records of with which to evaluate those claims. This stance abuse. wages that were reported to the state by em- really gives us the first glimpse of life after These are the families that authors of wel- ployers in later quarters. Employers are re- welfare, and it is alarming.’’ fare reform assumed would be lingering on quired to file wage reports to the state each Experts and advocates for the poor say the rolls for years, the people most likely to quarter. that despite the limitations of the study’s be affected by a five-year lifetime limit on Of the families in New York City who methods, its income threshold was so low—a benefits included in the 1996 federal law. In- dropped off the rolls from July 1996 through mere $100 over three months—that poor peo- stead, they are often the ones being kicked September 1996, 32.7 percent showed earnings ple should have shown up in the labor statis- off the rolls now, because they are unable or in the next quarter, according to the report. tics if they indeed had jobs. They say the unwilling to meet requirements. Of those who disappeared from the rolls from state’s research provided the strongest evi- At the same time, sanctions have worked October through December, 32.2 percent dence yet that people were being knocked off for some recipients. showed wages in the next quarter. And of the welfare rolls by a host of new sanctions Margaret Simpson, 22, a mother of three in those who left the rolls from January and rules even though they had no prospect Cincinnati, lost her welfare check for seven through March 1997, 22.1 showed wages in the of legitimate employment. months after she failed to show up at her next quarter. The advocates say that numbers help con- state’s job readiness program. For the purposes of the study, anybody firm what they have long suspected: that the ‘‘I wasn’t paying attention,’’ she said. who made $100 or more in three months after stringent policies of the Pataki and Giuliani ‘‘There was a letter with my check. Who leaving the rolls would have been counted as administration are driving thousands of pays attention to a letter with a check? You employed. The report does not distinguish former welfare recipients into deeper pov- pay attention to the check.’’ between those who found full-time perma- erty, not self-sufficiency. But eventually, when the check quit arriv- nent jobs and those who found only part- ‘‘The more people you require to be in ing, Simpson complied with the rules by time or occasional work. workfare, the greater the opportunity will be helping her caseworker track down the fa- The numbers were generally better state- to sanction them for failing to comply,’’ said ther of her children to collect child support, wide, where slightly more than one-third of Shelly Nortz, a policy analyst and lobbyist working on her high school equivalency test families on average who left the rolls from for New York State Coalition for the Home- and attending a job-preparation course. A July 1996 through March 1997 showed earn- less. ‘‘That policy is just going to drive more new check is on the way. ings at or above the $100 threshold. and more people off the welfare rolls even ‘‘If I would have been under the old law, I The research provides a rare peek into the though there aren’t enough jobs for them.’’ would still just be getting a check,’’ she said. fate of those who leave welfare, though an The situation will only get worse, advo- A number of states, including Tennessee, imperfect one. It does not take into account cates say, because new welfare rules enacted are beginning to track what happens to people who are self-employed, work off the in Washington require the state to both those who are sanctioned, but only frag- books or move out of New York. It also does place greater numbers of recipients into so- mentary evidence is available. not include those whose employers fail to re- called workfare assignments and cut off as- A study of Iowa families who lost their port wage data promptly or are not required sistance to those who fail to comply with benefits found that about half were working to report wages at all, like farm owners. those assignments. after they left the rolls. University of Mem- But the survey represents the first statis- Among the other interesting findings in phis researchers found that 80 percent of tical attempt in New York to determine the survey is one that deals with childless Tennessee recipients who had lost aid be- what has happened to the 480,000 people who single, able-bodied adults who received aid cause of sanctions said they had other have left the rolls of the two main welfare under the state-financed program called sources of income. programs—Aid to Families With Dependent Home Relief. Those who support making the In Utah, a researcher found that most Children and Home Relief—across the state welfare system more restrictive have often sanctioned families had income from other in the last three years, 350,000 of them in pointed to this group, made up mostly of sources, but a small group was so disadvan- New York City. It also calls into question men, as the most employable and therefore taged she wondered how they would ever claims by state and city officials that the the least in need of public assistance. land jobs and become self-supporting. steep reductions in caseloads are strong evi- But the study appears to support an asser- Although states have always closed some dence that their welfare initiatives are tion by welfare advocates that many people welfare cases because of clients’ failure to working. on Home Relief are drug addicts or mentally comply, the numbers are increasing and The figures are especially useful because ill, or suffer from other problems that make many of the sanctions are bigger and more the administration of Mayor Rudolph W. them difficult to employ. permanent than ever before. Giuliani has resisted requests to release The study showed that about 20 percent of Rosie Saunders, a 29-year-old mother of records that would allow an independent sur- the people who left Home Relief in New York twins in Columbus, Ohio, is frantically ap- vey of former welfare recipients. The admin- City from July 1996 through March 1997 had plying for jobs to avoid being sanctioned. istration has also declined to conduct such a reported earning at least $100 in the imme- ‘‘I have asthma real bad,’’ she said. ‘‘I have survey itself. diate months after they stopped being on the two children on [disability]. I had an indus- Dan Hogan, the executive deputy commis- rolls. Statewide, the average was about 23 trial accident. I have to take pills for depres- sioner for the State Office of Temporary and percent. sion.’’ Disability Assistance, warned against draw- The state, however, fared much better But, ‘‘I still have to get a job or they are ings too many conclusions from the state when New York City was not factored in, going to cut me,’’ she said. ‘‘They told me survey. He said that the disparity between with an average of 30 percent of the people there was no excuses.’’ the number of people reporting wages from who left Home Relief showing incomes a few one quarter to the next was one indication of months after their public assistance was [New York Times, Mar. 23, 1998] the survey’s imprecision. stopped, the report showed. He added that the state intended to de- MOST DROPPED FROM WELFARE DON’T GET Anne Erickson, the legislative co- velop more precise ways of determining the JOBS—CRITICS OF WORK RULES CITE NEW ordinator for the New York Upstate Law fate of former welfare recipients, including YORK STUDY Project, an advocacy group for the poor, said cross-checking the names of former recipi- the numbers were particularly distressing (By Raymond Hernandez) ents against labor statistics over a longer pe- because they come at a time when a good ALBANY, MARCH 22.—A vast majority of riod than officials currently do. That change, economy has allowed the most employable people who have dropped off New York he said, would make up for employers who do people to get jobs and leave the welfare rolls. State’s rapidly shrinking welfare rolls have not report employee wages to the state on a ‘‘The true test will be when the economy not obtained legitimate jobs, a state survey timely basis and thereby make it seem as if takes an inevitable down-turn and the people indicates. some former recipients are unemployed when who remain on the caseload are less-skilled The survey found, among other things, they actually have jobs. and harder to serve,’’ she said. ‘‘It’s trou- that of the legions of people who came off ‘‘Are we satisfied that these numbers tell bling.’’ the welfare rolls in New York City from July us enough? No,’’ Mr. Hogan said. ‘‘We want But Mr. Hogan said the state was using the 1996 through March 1997, only 29 percent to know more.’’ money it had saved from caseload reductions found full-time or part-time jobs in the first But Marcia Meyers, an assistant professor and reinvesting it in creating more child- several months after they were no longer on of social work at Columbia University who care slots, job-training programs and other public assistance. specializes in welfare policy, said the survey initiatives aimed at getting people into jobs. The survey, which has been circulating provided a singular opportunity to gauge the among policymakers statewide and has been overall impact of the changes in welfare pol- Mr. WELLSTONE. Mr. President, let obtained by The New York Times, has raised icy championed by Mr. Giuliani and Gov. me quote a few relevant paragraphs questions among welfare experts about a George E. Pataki. The changes include cut- from both pieces. bedrock premise of the nation’s new welfare ting off aid to recipients who fail to comply The Washington Post piece: laws: that tougher restrictions move people with requirements to work for their benefits, Governors across the country are boasting from government dependency into jobs. commonly known as workfare. that welfare reform is successfully moving S2380 CONGRESSIONAL RECORD — SENATE March 23, 1998 millions of people off the rolls and into jobs. A vast majority of people who have leave the job because the conditions But closer scrutiny of state and federal dropped off New York State’s rapidly shrink- are horrible—they are never allowed to records shows that tens of thousands of fami- ing welfare rolls have not obtained legiti- take a break to go to the bathroom, lies are being forced off welfare as punish- mate jobs, a state survey indicates. The survey found, among other things, they have a ruptured disk in their ment for not complying with tough new back, or it turns out there isn’t good rules. that of the legions of people who came off Federal statistics show that in one three- the welfare rolls in New York City from July child care for their children—that they month period last year, 38 percent of the re- 1996 through March 1997, only 29 percent never again will receive any welfare cipients who left welfare did so because of found full-time or part-time jobs in the first benefits? That is happening around our state sanctions, ordered for infractions from several months after they were no longer on country, I say to my colleagues. missing appointments with caseworkers to public assistance. We ought to know what the situation refusing to search for work. That is a long piece, which I have had is with these families. I just say to col- The article then goes on: printed in the RECORD. Let me just leagues, both Democrats and Repub- During the national debate over welfare re- simply say that I think the key point licans alike, that I think the problem form two years ago, many assumed that the in this article is that many are now is we don’t want to know. I think the moment of truth would come years from now worrying that these welfare reforms, problem with the administration is when recipients reached time limits that rather than enabling families to reach they don’t want to know. Everybody would end their benefits. But the widespread self-sufficiency, are driving many of was talking about how great this ‘‘wel- use of sanctions has moved up that moment. these families into deeper poverty. fare reform’’ was, about how we saw all Energized by their welfare reform pro- Mr. President, when I brought this this reduction, 4 million fewer people grams, states are moving swiftly to put their amendment to the floor last week, I receiving benefits, and everybody was new sanction power to use. But social service advocates argue that in many cases, states quoted from a speech that Secretary cheering. are making bad judgments. Shalala had given on February 6. At Then I came to the floor and I said to Bill Biggs, a former welfare administrator one point in her speech, she says: colleagues—I thought I would get 100 from Utah, wrote in a recent publication Today, fewer than 4 percent of Americans votes—how about we know exactly that under a pilot program in his state, half are on welfare. What we don’t know— what is happening, how about at least of the sanctions ordered were done in error, And this is a direct quote— we call for all of the States to provide often when a caseworker didn’t detect that a is precisely what is happening to all of to Health and Human Services every 6 recipient suffered from mental illness or those former welfare recipients. months a report on these families—are some other problem. Mr. President, I say to colleagues, I they reaching economic self-suffi- I go on: am going to be back with this amend- ciency?—and then Health and Human State officials and welfare experts say they ment this week, and I am going to take Services would pull that data together believe that those who do get cut from the a lot of time to talk about it. If it is and give it to us as responsible policy- rolls represent the two extremes of the wel- makers. And it was voted down. It was fare population. At one end are people who not this amendment, it will be another amendment which will be an effort voted down. are able to find jobs, or have other income, Mr. President, I have a GAO report with Senator MOYNIHAN. I had a chance and simply choose not to comply. that just came out dealing with Health to talk with Senator MOYNIHAN this That is less of a problem, I say to my and Human Services, noting that HHS morning, someone for whom I have a colleagues. They are working, they missed the statutory deadline for im- tremendous amount of admiration and have a job, they are OK, their children plementing the high-performance a great deal of respect. He has done are all right. bonus program. This was going to be a more work in this area than any of us. At the other extreme are those unable to program where there would be bonuses I think I have done a lot of work in meet requirements because they are the for States that were doing real well in this area as a teacher and as a commu- most troubled families—plagued by mental placing people in jobs. The idea is we nity organizer before ever becoming a illness, substance abuse, domestic violence would see more of that. That is what it or such low reading levels that they have dif- Senator, but I think Senator MOYNIHAN is supposed to be about: ficulty understanding the new regulations, has, without a doubt, the most intel- much less finding work. . . . While the law required HHS to imple- lectual capital and has probably done ment this program by August 1997, Rosy Saunders, a 29-year-old mother of some of the most important work deal- twins in Columbus, Ohio, is frantically ap- HHS is still writing regulations that plying for jobs to avoid being sanctioned. ing with welfare policy that has been will define specific measures against ‘‘I have asthma real bad,’’ she said. ‘‘I have done in our country. I look forward to which States are to be assessed. So on two children on [disability]. I had an indus- joining efforts with Senator MOYNIHAN. and so forth. The point is, finally, now But I want to say to colleagues trial accident. I have to take pills for depres- we are coming around with the regula- sion.’’ today, I will be back with this amend- tions. But ‘‘I still have to get a job or they are ment. I came to the floor and I said the Mr. President, I recommend both of going to cut me,’’ she said. ‘‘They told me reduction in caseload—and let me just there was no excuses.’’ these articles to colleagues. This is a be real clear, the same message goes to most serious problem. We don’t know End of the Washington Post piece. the administration. The President has what is going on around the country, Just to emphasize one point, I say to touted the reduction of the caseload by but now we have two front-page stories my colleagues, what may very well be 4 million people. That is only reform if which suggest that a whole lot of peo- happening right now is that, yes, we it is a reduction in poverty. We need to ple are being cut off assistance, but it are reducing the rolls. It is happening know what is happening. As a matter is not because they are working. State by State, but the sanctions are of fact, as you travel around the coun- I have other studies that I can refer invoked on people who are not work- try and you go to State after State, to today. I won’t. I see other colleagues ing, and many of these people are not there is no information available. have now come to the floor to talk working because they are unable to Mr. President, is it true that in all about the supplemental. But let me work, because they struggle with men- too many cases people didn’t show up just conclude this way: I brought this tal illness, they struggle with sub- for the initial job interview or job amendment to the floor a week and a stance abuse, or you have women who training because there were problems half ago. I said, ‘‘Don’t you think we at have been battered over and over and with mental illness in the family, prob- least ought to study this?’’ I was argu- over again, and they are not able to lems with substance abuse, women who ing that the reason we needed to have take a job right away. came out of battered homes and the study is that eventually—in some Don’t we want to know what is hap- weren’t able to do it, and now we are States it will be a year and a half from pening to these families? Just because cutting them off all assistance and, now; in other States, 3 years; it de- they are poor, does that mean they even worse, we are cutting their chil- pends on the State—there is going to matter any less than any other family dren off assistance? Is it true that be a drop-dead date certain where ev- in our country? many of these recipients are now in eryone will be eliminated from assist- The New York Times piece, ‘‘Most workfare programs where they work ance. Dropped From Welfare Don’t Get minimum-wage jobs with no benefits We ought to know whether people are Jobs’’: and they are told that if they should working. We ought to know whether March 23, 1998 CONGRESSIONAL RECORD — SENATE S2381 they have jobs. We ought to know The legislative clerk read as follows: Most of those amounts are directed whether the children are all right. A bill (S. 1768) making emergency supple- to meet the ‘‘Year 2000’’ computer cri- Now what we find out is a whole lot mental appropriations for recovery from nat- sis faced by several Federal agencies. of people who we thought would be in ural disasters, and for overseas peacekeeping Additional funds to ensure Federal the most trouble, children who have efforts, for the fiscal year ending September computer systems are ready for the children—and they don’t have a high 30, 1998, and for other purposes. year 2000 will be provided in the 1999 school degree, they don’t have the job The Senate proceeded to consider the fiscal year bill. We will present the bill training, and they don’t have the skills bill. later this year. development—we were worried about Mr. STEVENS addressed the Chair. For Department of Defense oper- whether they would be able to obtain The PRESIDING OFFICER. The dis- ations, the committee recommends $1.8 employment and whether their chil- tinguished Senator from Alaska is rec- billion in emergency funding for ongo- dren would be better off. We worried ognized. ing missions in Bosnia and in South- about people struggling with mental Mr. STEVENS. Mr. President, today west Asia and for the natural disaster illness. We had an amendment out here the Senate will consider the supple- response. on the floor called the ‘‘family violence mental appropriations bill. It is a bill The supplemental request for Bosnia option,’’ and the administration still for emergency disaster needs and for was mandated by section 8132 of the has not made clear to States that they overseas military operations. 1998 defense appropriations bill, along should be able to get a good-faith waiv- Our Committee on Appropriations re- with certifications and other submis- er for those women who come out of ported this bill, S. 1768, along with S. sions on the Bosnian mission. battered homes and that wouldn’t be 1769, on Tuesday, March 17. S. 1769 pro- The committee also received a fiscal counted against their work force par- vides funds for the International Mone- year 1999 budget amendment for Bos- ticipation requirements. tary Fund. We reported both of these nia. We will consider that amendment We worried about all these people. bills by one roll call vote, and that in the context of the fiscal year 1999 de- We didn’t want women to be driven vote was 26–2. I call that to the atten- fense bill for the full year of 1999. We back into very dangerous homes be- tion of the Senate because it indicates will not deal with 1999 funds for Bosnia cause they were going to be cut off as- a substantial agreement within our in this bill. sistance, because they couldn’t work, committee on the terms of these two The request for operations in South- because they were being stalked, they bills. west Asia is approximately $1.3 billion. couldn’t go to job training, they had Prior to the date we reported this That amount sustains the current force been traumatized, they suffered from bill, the administration had transmit- structure and operating tempo through posttraumatic stress syndrome from ted four supplemental or rescission September 30 of this year. being beaten up over and over and over messages to the Congress for 1998. This Let me say that again. The amount again. We didn’t want them forced bill addresses each of those requests we have requested is sufficient only to back into dangerous homes. A lot of and makes other adjustments based on maintain the existing deployment that that is happening around the country. our committee’s review of agency has been made to contain Iraq. Should I am coming back with this amend- needs and priorities. additional units be sent, we would have ment, I say to my colleague Senator Our committee originated this bill to once again ask for additional STEVENS, not on this emergency sup- ahead of the House Committee on Ap- money. plemental bill, but on the first vehicle propriations in order to complete ac- Secretary Cohen, the Secretary of that is out here, I am going to come tion on these two urgent measures Defense, has not made any request for back with this amendment which es- prior to the April recess. We have also funding for the fiscal year 1999 yet; sentially says to all of us as respon- done it to get ahead of some of the that is, no money has been requested sible policymakers, ‘‘Please, let’s find problems that are involved in the clo- for fiscal year 1999 for the deployment out what’s going on around the coun- ture votes before the Senate, because that is ongoing to contain Iraq in try; let’s make sure that families we just don’t want this bill to be held Southwest Asia. aren’t going hungry.’’ up by the period of time that has to By the way, there has been a dra- As was discussed at our hearing on run if we do vote cloture on any other matic increase all around the country Friday, it is essential that our allies measure. in demand for food shelves, a dramatic and regional partners in the gulf con- We have consulted with the House increase of families needing basic nu- tribute more to this mission. Both Sen- committee, and particularly the House tritional assistance, and you have to ator BYRD and I have spoken out on committee chairman, on this approach, wonder whether or not part of the rea- this before. At our committee markup and I am pleased that the House under- son is people are getting cut off welfare before the Appropriations Committee, stands what we are doing. The House assistance, but they are not being able Senator BYRD offered his amendment, to get the jobs, they are not finding the committee will take up these two mat- which is section 203 of this bill. employment, and they are worse off. ters later this week. It is our hope that The Byrd amendment establishes a Mr. President, we ought to know, and both of the bills will be in conference process for the administration to seek I know that this is a critically impor- by the last week of March. fuller participation by our allies and tant question. I am very pleased that I We have to have these bills passed be- regional partners for the Southwest know Senator MOYNIHAN will be a part fore the recess. That is necessary, as I Asia mission and the costs associated of this effort, and I hope one way or the will explain later, as far as military with that mission. other I can get 100 votes so that all of implications and the disaster moneys The recommendation from the com- us can get the data that we need and that are involved. In order to do that, mittee also includes $672 million for we know what is happening around the we must start this bill today and finish disaster relief efforts by several Fed- country. That is what we should do as the bill before the cloture vote tomor- eral agencies including the Depart- responsible policymakers. I will be row, which is scheduled for 5:30 tomor- ments of Agriculture, Interior, the back with this amendment as soon as row evening. Army Corps of Engineers, and Trans- there is an appropriate vehicle. I thank S. 1768 makes appropriations for nat- portation. the Chair. ural disaster relief and military oper- These amounts reflect the most re- f ations. It provides $2.5 billion in emer- cent estimates available to the com- gency funds. Pursuant to the budget mittee from the Office of Management SUPPLEMENTAL APPROPRIATIONS agreement and the administration’s re- and Budget and increases that have FOR NATURAL DISASTERS AND quest, these amounts are not offset by been advocated by Senators for ongo- OVERSEAS PEACEKEEPING EF- rescissions. Additionally, there are ap- ing flooding in the Southeast and other FORTS FOR FISCAL YEAR 1998 proximately $190 million in new, non- needs. Some of these instances took The PRESIDING OFFICER. Under emergency appropriations offset by place after the submission by the ad- the previous order, the Senate will now specific rescissions or reductions in ministration. proceed to the consideration of S. 1768, contract authority that are also ad- The administration has not yet re- which the clerk will report. dressed in this bill. quested additional funds for FEMA, the S2382 CONGRESSIONAL RECORD — SENATE March 23, 1998 Federal Emergency Management Agen- Now, once again, I just have to urge plead with Senators to keep in mind cy. We may still receive such a request Members to come here today and offer the absolute necessity to assist us to today or tomorrow as better estimates their amendments. We hope that we get this job done before April 1. are prepared for flooding, ice storm and will have some of them voted on to- Now it is my pleasure to yield to my tornado damage across the country. night. There will be at least one vote good and distinguished friend from Based on the recent devastating tor- tonight; that is for sure. And I think West Virginia. I know he has a state- nadoes in North Carolina and Georgia that Senator BYRD will join me in ment to make as well as an amendment over the weekend, I have urged the ad- working to achieve reasonable time to offer. I look forward to working with ministration to forward any such re- agreements wherever it is necessary to him throughout the consideration of quest now so it will be considered dur- assure that we can debate and dispose the bill. ing action on this bill. of all amendments to this bill in a I thank you, Mr. President. On Tuesday, the committee also re- timely manner. Mr. BYRD addressed the Chair. ported S. 1769, as I indicated. That ap- It will be my intention to move to The PRESIDING OFFICER. The dis- propriates $17.9 billion for the Inter- table extraneous amendments that are tinguished Senator from West Virginia national Monetary Fund. I hope the not urgent for action prior to Septem- is recognized. Mr. BYRD. Mr. President, I thank Senate will consider that bill this week ber 30. The committee will begin the the Chair, and I thank my friend, the as well. And we may well consider it as markup of the fiscal year 1999 bill early very distinguished Senator from Alas- an amendment to this bill. At this this year. We hope to do so in May or ka, who is the chairman of the Senate time, there are discussions underway early June. I implore Senators to re- Appropriations Committee. concerning the package proposed for serve amendments that pertain to I commend the leaders of the Senate IMF reforms. That was in the second issues that can be funded after Septem- for scheduling this very important bill, S. 1769, as reported by the commit- ber 30, to reserve those amendments for emergency supplemental appropria- tee. It is my hope that those talks will the fiscal year 1999 bill. This is an tions bill so quickly after its having result in a new IMF package that will emergency supplemental. It deals with been reported out of the committee, receive bipartisan support here in the the disaster funding and it deals with and I was pleased to join our distin- Senate as we debate this bill. the amounts necessary to support our guished chairman, Senator STEVENS, in Our committee did not recommend at forces which are overseas at this time. taking the unusual step of scheduling this time additional funding to pay ar- Now, Senators may disagree with the our markup of this emergency bill rears at the United Nations. The fiscal President on the deployment to Bosnia prior to House action, in order to expe- year 1998 Commerce-Justice-State ap- and may have some question about the dite congressional consideration of the propriations bill included $100 million size of the deployments to Kuwait and bill. This bill contains some $2 billion pursuant to the budget agreement for in the Southwest Asia area. All I can in emergency appropriations which are arrears. This amount was made avail- tell them is that the forces are there. urgently needed for the support of our able subject to authorization of the The men and women in our armed serv- men and women overseas engaged in U.N. budget and management reforms. ices deserve support. If we do not sup- peacekeeping efforts in both Bosnia That authorization bill has not yet port this bill now, the Department of and Southwest Asia, as well as to cover passed nor has a firm agreement been Defense, under the Food and Forage necessary repairs resulting from natu- reached between Congress and the ad- Act, will simply have to take money ral disasters at various military instal- ministration concerning this matter. out of the readiness accounts and we lations throughout the Nation. In addi- We do believe that the administra- will see our forces here at home not re- tion, over $560 million is included in tion should conclude an agreement ceive the amount of money they need the bill for assistance to those of our with Congress on U.N. reforms. And we to continue to maintain their expertise citizens who have suffered from natural hope, on that basis, to deal with the and to maintain their readiness and to disasters, such as the flooding in the U.N. funding in the fiscal year 1999 keep our defense systems in the shape western and southern portions of the State Department appropriations bill. that is necessary for any contingency. Nation and the ice storms in the north- However, Mr. President, it is also When we, as the superpower of the east and the recent killer tornadoes in possible that the House of Representa- world, have deployments of the level Florida. tives may address the U.N. funding and we already have overseas, it is just not The bill also includes some $280 mil- the matter could be considered in con- possible to neglect the readiness of lion in appropriations for various non- ference. It would do so on the basis of these people here at home. We are emergency purposes which are, never- the House passing the authorization turning over the forces in the Iraq de- theless, necessary in order to enable bill and, based upon such action by the ployment every 6 months, Mr. Presi- various departments and agencies to House, it would send us a bill to be con- dent. That means that forces that are continue their operations through the sidered here in the Senate. And of here at home must be ready to go on end of this fiscal year, without undue course it is possible we might consider active duty and in a deployment mode interruption. Of this amount, some $156 that in conference without the neces- when their time comes. million is for the Federal Aviation Ad- sity of an authorization bill in the Sen- To be forced to take money from ministration to expedite its work on ate if that is agreed to by appropriate their readiness account in order to sup- improving the Air Traffic Control com- Members of the Senate. Any resolu- port those that are already deployed puter system in order to avoid any tion, of course, hinges on securing an overseas is wrong. We need this money problems connected with the year 2000. agreement on U.N. reforms. now. As I said, it must be done before As noted in the committee report, the The committee reported these two April 1. The Joint Chiefs joined to- Department of Transportation’s In- bills separately at the request of the gether to come to our committee and spector General has recently concluded House. We, however, want to ensure explain to us in detail the impact that that without this additional assist- that defense and disaster relief not having these moneys available by ance, if unexpected problems are iden- amounts are enacted prior to the April April 1 would have on the readiness of tified during testing of the replace- recess. It is my intention to do every- forces stationed right here at home. ment computers, the FAA might find thing I can to achieve passage of not Mr. President, this is a bill that is themselves in a situation where they only this bill but the IMF bill before necessary because of these emer- may be unable to assure the safety of that deadline. gencies. All amendments that are of- the traveling public in the year 2000. Let me ask every Member of the Sen- fered making additional appropriations Page 25 of the committee report ate to be on notice that we are going to must either qualify for the emergency states—and I quote therefrom—that: do everything we can to work with as is described in this bill or must have ‘‘Failure to resolve these computer them on amendments today. We will do appropriate budget authority and out- hardware and software deficiencies everything possible to complete action lay offsets. So we will be examining well before the year 2000 problem could on this bill tomorrow before the clo- every amendment that comes forward disrupt air traffic.’’ These non- ture vote that is already set, as I indi- to see whether it would delay the pas- emergency discretionary appropria- cated. sage of this bill. Again, I can only tions are fully offset, largely through March 23, 1998 CONGRESSIONAL RECORD — SENATE S2383 rescissions, which are set forth in Once you get the Congress to go along a while. The birds get some of it, but it Chapter 11 of Title I of the bill. for a little while and get the men over also evaporates. Finally, and very importantly, the there, then it is a fait accompli for the Likewise the pressure for our allies bill includes $550 million in mandatory Congress and they come back saying, to take the lead is evaporating. Our appropriations for veterans compensa- ‘‘We need more money.’’ combat forces are going to be there for tion and pensions. These funds are ‘‘We do not propose a fixed end-date years if the report is accurate. And the needed to accommodate the additional for the deployment.’’ That says it all. funding is to the tune of some $2 billion costs associated with the 1998 cost-of- So we are in a different situation now. per year through regular, so-called living adjustment of 2.1 percent for The exit strategy—in other words, the ‘‘emergency’’ supplementals. Now, are compensation beneficiaries, as well as required conditions for our forces to our allies being asked to defray any of an increase in the estimated number of come out and come home—reads like a these costs? I support this supple- persons receiving such compensation nation-building strategy. What is re- mental request for fiscal year 1998, but and pension beneficiaries. quired for us to leave Bosnia? First, ju- the fiscal year 1999 cost of nearly $2 bil- With respect to Bosnia, the President dicial reform. Just a minor thing, judi- lion should be debated again, when the has provided a certification and report, cial reform. Then, development of an regular authorization and appropria- required by the Fiscal Year 1998 De- independent media throughout the ter- tions bills are considered on this floor. fense Authorization and Appropria- ritory. Now, that sounds to me like a We need to debate this regularly be- tions Acts, that the continued presence pretty big order. Then there is more. cause we are spending your money. One of U.S. armed forces is required after Democratic elections. What do we of the network’s TV programs from June 30, 1998. The report bears some mean by democratic elections? Demo- time to time talks about spending careful reading by my colleagues, and I cratic elections followed by free mar- ‘‘your money’’ and gives examples of hope they will read it, in that there is ket economic reforms—ahhh, free mar- projects from time to time that are a departure from the requests of the ket economic reforms—privatization of being supported by Members of Con- administration in previous years. The the economy, and so on and on. gress or perhaps others, and they will requests in previous years were all Well, that is an amazing piece of say, ‘‘This is your money.’’ Well, we couched in the language of short-term work. I urge my colleagues to read that need to debate this request because we duration. report. We all get the point. This is a are spending your money, the tax- Last year, the administration told us formula requiring the completion of a payers’ money. And we need to get that we would be out of Bosnia in new, integrated democratic state. That some answers. about a year. is what nation-building is. I didn’t buy Now, when we turn to Southwest All of the witnesses who came up be- on to that. The U.S. Senate has not Asia, the situation seems to be even fore the Armed Services Committee bought onto that. And if the duration worse. Not only do we have 30,000 and the Appropriations Committee as- of our stay is going to be based on na- troops in the region waiting for the sig- sured the committees that that was tion-building, as the President is obvi- nal to go after the Iraqi regime, but the expected timeframe which would be ously saying in the report, we are there our allies are not there with us. needed during which we would have to for a good, long time. We look over our shoulders and we place our men and women in possible How many Senators want to buy on don’t see anybody. Where are they? It harm’s way, but we were assured—we now? Now is your chance, or your reminds me of the first question that didn’t just ask the question once or chance will soon come as to whether or was ever asked through all the eter- twice, and the response didn’t come not Senators want to buy on for a long nity, all time and eternity, that pre- forth just once or twice, but the re- time. Who knows, perhaps a good case ceded the making of the world, the uni- sponse was always in the context of a can be made for it. Perhaps a good case verse. The first question that was ever year’s time. can be made. But I haven’t heard it as asked, when God, walking in the cool Well, I had strong suspicions then yet. This Senator from West Virginia is of the evening, was seeking Adam and that it wouldn’t work out that way, not in there for a good long time. Not Eve, and they were not to be found, and and I have a feeling that the adminis- yet, certainly. The administration was then God said, ‘‘Adam, Adam, where tration felt the same way about it. I being disingenuous. Those who came up art thou?’’ The first question. had a feeling that the administration here and testified last year—obviously So, we should say to our friends and was putting the best face on it and that they had to say what the administra- our allies, where art thou in this mat- they would be back within a year seek- tion had required them to say. They all ter? Many countries of the world are ing more money. There is a bit of dis- came up before the committees and it not in that immediate region but they ingenuousness about it, I think. They was like a broken record to hear every- depend upon oil from that region. Why probably knew in their own minds and body say practically the same thing, are they not assisting? Why are we not hearts that it couldn’t likely be done ‘‘We will be there about a year, about asking them to assist? The President, in a year, but that was the approach, a year.’’ Well, they are the people who in his report to Congress, speaks about that was the songbook from which ev- are supposed to know. So that is what leadership. In other words, we, the eld- eryone in the administration or the we were told. est remaining superpower, must pro- witnesses were to sing. It was to be a But I don’t believe this is going to be vide the leadership. Well, it comes with mighty chorus, everyone in harmony, an indefinite free ride. I think the ad- a price tag. I take it we are all provid- no one out of tune, no sour notes, no ministration ought to have to make its ing the money, apparently all of us. We ‘‘off’’ beats, everything orchestrated so case this time, and it ought to be re- are not asking our friends. We are that everyone would sound in unison to quired to give more specifics, more going to do it whole hog this time. Our the effect it would be about a year. facts, more reasoning, more reasons for friends in the Arab world are cool, to Having seen this kind of game played its program. The terms of our involve- say the least, about building an effec- before, I was suspicious of it. The time ment are turning into a permanent tive coalition to enforce the U.N. in- is up now and we are not only in, but force, turning into a permanent force, spections team on Saddam Hussein. we are in for an indefinite amount of and the pressure to get out is dissipat- Meanwhile, we continue to pony up to time. The President’s report doesn’t ing. The pressure for our allies to take the tune of $1.3 billion for this current have any end point included. Here is the lead is evaporating, evaporating. fiscal year. what the President said, now that men The distinguished Presiding Officer My colleagues should be aware that and women are there, and I quote from has stood on some afternoons and seen the committee adopted an amendment the report: ‘‘We do not propose a fixed the Sun ‘‘drawing up water,’’ as they which I offered and which our distin- end-date for the deployment.’’ Let me say. The Sun’s rays will be peeping guished chairman, Mr. STEVENS, co- repeat that: ‘‘We do not propose a fixed through a cloud and we are told that sponsored urging the President to go end-date for the deployment.’’ Now, the Sun is drawing up water. But water out and get contributions from our that is a far cry from what the Presi- is evaporating. I often pour water into friends and allies for financial help, in dent’s people were saying last year, a my little fountain for my birds over in kind, and other support to share the year ago. But there is a big difference. McLean and the water evaporates after burden in Southwest Asia against a S2384 CONGRESSIONAL RECORD — SENATE March 23, 1998 threat to world peace. Go out and get a AMENDMENT NO. 2062 nority leader of the House. At least little help. People downtown might (Purpose: To establish an emergency two of those individuals are to be Sen- start out by reading Shakespeare, read commission to study the trade deficit) ators, and at least two are to be Mem- about Timon of Athens. Read Shake- Mr. BYRD. Mr. President, I send an bers of the other body. The purpose of speare’s ‘‘The Life of Timon of Ath- amendment to the desk and ask for its the commission shall be to study the ens.’’ He, too, sought to get help from immediate consideration. causes and the consequences of the his friends. After he had squandered his The PRESIDING OFFICER. The U.S. merchandise trade and current ac- own wealth on his friends, he sought to clerk will report. count deficits and to develop trade pol- get some help from them. One day the The bill clerk read as follows: icy recommendations for the 21st cen- bookkeeper said, ‘‘Look, Master, we The Senator from West Virginia [Mr. tury. The recommendations shall in- are out of money. You are broke.’’ Old BYRD], for himself and Mr. DORGAN, proposes clude strategies necessary to achieve an amendment numbered 2062. Timon said, ‘‘I am sure my friends will market access to foreign markets that help me. You go see this fellow over Mr. BYRD. Mr. President, I ask unan- fully reflect the competitiveness and here and then go see that one over imous consent that reading of the productivity of the United States and also improve the standard of living in there—I helped him one day—and this amendment be dispensed with. the United States. one over here, go see him.’’ The PRESIDING OFFICER. Without objection, it is so ordered. While it is not clear what the par- Well, Timon was disappointed. He (The text of the amendment is print- ticular reasons for this growing trade didn’t get any help. ed in today’s RECORD under ‘‘Amend- deficit may be nor what the long-term I urge the administration to go out ments Submitted.’’) impacts of a persistently growing defi- and get contributions from our friends Mr. BYRD. Mr. President, I have of- cit may be, the time is overdue for a detailed examination of the factors and allies for financial help, in kind, fered this amendment on behalf of my- causing the deficit. We need to under- and other support to share the burden self and the distinguished Senator from stand the impacts of it on specific in- in Southwest Asia against a threat to North Dakota, Mr. DORGAN. I am very pleased to join with the distinguished dustrial and manufacturing sectors. We world peace. We fully expect a vigorous need to identify the gaps that exist in campaign by the administration to cre- Senator from North Dakota in intro- ducing an ambitious new effort on the our databases and economic measure- ate an effective international political ments to understand specifically the coalition where the burden is shared. matter of the Nation’s persistent and growing trade deficit. Mr. DORGAN has impacts of the deficit on such impor- This will take a great deal of effort on tant things as our manufacturing ca- the part of the administration’s foreign taken the floor time after time after time and spoken eloquently and very pacity and the integrity of our indus- policy team. They talk about all this trial base on productivity, on jobs, and big debt we owe the U.N. Why not knowledgeably concerning the peren- nial trade deficits that seem ever to on wages in specific sectors. charge off some of the costs that we From time to time, we debate the grow larger. This legislation would es- have been spending and that we are yet trade deficits. Both Senator DORGAN spending and that we will continue to tablish a commission to take a broad, and I and other Senators have partici- thorough look at all important aspects spend for a while in dealing with the pated in these debates. Senator DOR- of trends involving and solutions to the threat of Saddam Hussein. How about GAN is an expert on the subject. I voted growing U.S. trade deficit, with par- that, Mr. U.N.? How about giving us against NAFTA, I voted against GATT, ticular attention to the manufacturing some credit on those expenditures? We and for good reasons, which every day sector. ought to try. We expect that an effort seem to be becoming clearer and clear- The trade deficit, as my colleagues will be made on the part of the admin- er. So we debate these deficits fre- know, is a recent phenomenon—recent istration’s foreign policy team, and it quently. We moan and we groan, we in terms of its being over a period of will result in a wide-ranging political weep and we shed great tears by the recent years—with large annual defi- effort to isolate the regime currently bucketsful. We complain about them, cits only occurring within the last 15 in power in Iraq. but if we do not understand the nature, years or so. Between 1970 and 1996, the the impacts, and the long-term We face a situation of grave weight U.S. merchandise trade balance shifted vulnerabilities that such manufactur- and precedent in dealing with this from a surplus of $3.2 billion—did you ing imbalances create in our economy transparent attempt to intimidate the hear me, Senators? Our merchandise and standard of living, we are in the world with weapons of mass destruc- trade balance has shifted from a sur- tion. How we handle this threat will be dark. plus of $3.2 billion to a deficit, in 1996, It appears to me that debate over of great importance for the future of of $199 billion. That is $199 billion. As trade matters too often takes on the effective efforts to control the pro- my colleague, Mr. DORGAN, has sug- form of lofty rhetorical bombast of so- liferation of weapons, components, and gested, projections by econometric called ‘‘protections’’ versus so-called delivery systems of mass destruction. forecasting firms indicate that long- ‘‘free trade agreements.’’ But I suggest It is the future of arms control, and we term trends will bring this figure to that neither side knows enough about need to pay great attention to it. That $300 billion, or more, within the next 10 what is really transpiring in our econ- is why I offered this amendment in the years. So hold on to your hats. The def- omy, given the very recent nature of committee. That is why Mr. STEVENS, icit was $199 billion in 1996, but long- these annual persistent deficits. Cer- the chairman of the committee, sup- term trends indicate that the figure tainly, we know that the deficits re- ported it. will go to $300 billion, or more. You flect on the ability of American busi- Mr. President, I urge my colleagues better hold on to two hats. It is going ness to compete abroad. We want to be to support the committee’s rec- to really take off within the next 10 competitive. Certainly, we know that ommendations as it brings forth this years. No one is predicting a decline in specific deficits with specific trading bill, S. 1768. I again commend my the near future. Sounds kind of like partners cause frictions between the chairman and express my appreciation the stock market, doesn’t it? This is United States and those friends and al- to him for the excellent work he has bad news about the trade deficit. Thus, lies. This is particularly the case with put forth in bringing the bill to the unless we act, our trade deficits will the Japanese, as we are well aware, and floor. Also, I thank him for his cour- soon exceed our annual appropriations is becoming quickly the case with tesy and for the good will and friend- for the Department of Defense. China. It will only be when we truly ship that he has continued to extend Mr. President, $2 million is made understand the specific impacts of this toward me. available in this amendment to estab- large deficit on our economy—particu- lish a 12-member congressional com- larly our industrial and manufacturing Now, Mr. President, are amendments mission to be known as the trade defi- base—that the importance of insisting in order to the bill? cit emergency review commission, with on fair play on the trade account will The PRESIDING OFFICER (Mr. three members each to be named by be clear. SMITH of Oregon). Amendments may be the majority and minority leaders of Finally, the legislation requires the offered. the Senate, and by the Speaker and mi- commission to examine alternative March 23, 1998 CONGRESSIONAL RECORD — SENATE S2385 strategies—big words, ‘‘alternative It seems to me every time we have a happen to the trade deficit in the next strategies’’—which we can pursue to trade agreement, we end up with the 4 years. Is this good news? I don’t think achieve the systematic reduction of the short end of the stick. We had a trade so. It is successive and alarming—con- deficit, and particularly how to retard agreement with Canada, and look what tinued trade deficits year after year the migration of our manufacturing happens to grain coming into the after year. base abroad and the changes that United States from Canada. Here is Now, Mr. President, there are a num- might be needed to our basic trade what was going on before we had a ber of reasons for the trade deficits. I agreements and practices. trade agreement, and here are the mas- will describe one of them, for example, These are the purposes of the com- sive quantities of imports into this currency valuations. If you take a look mission that Senator DORGAN, I, and country since the trade agreement, un- at this chart, you will see what hap- other Senators are proposing in this dercutting our farmers, markets, low- pens when we compare foreign cur- legislation. ering our grain prices, costing, accord- rencies versus U.S. dollars. The Japa- I join in welcoming other Senators. I ing to North Dakota State University, nese yen, fallen; the Mexican peso fell join with Senator DORGAN in welcom- $220 million a year out of the pockets through the basement; the Canadian ing other Senators to cosponsor the of North Dakota farmers. dollar, way down; the Taiwan dollar, legislation. Senator DORGAN will speak So am I concerned about that? Sure I apparently subbasement here; the Thai later this afternoon on this subject am. Because you cannot get the similar dollar and Indonesian dollar, down— matter. I again thank him for the lead- kind of grain into Canada. I have told you see what has happened in every ership that he has been providing and my colleagues before that one day I one of these? What does this mean? continues to provide on this subject drove to the Canadian border with a It means that when you have a trade matter. man named Earl Jensen in a 12-year- agreement and you reduce tariffs, and I urge Senators to support the old orange truck. We pulled up to the a currency fluctuation like this exists, amendment. Canadian border with 200 bushels of foreign goods are less expensive in the Mr. DORGAN addressed the Chair. durum wheat. United States and U.S. goods are more The PRESIDING OFFICER. The Sen- All the way to the border we saw expensive in foreign countries. There- ator from North Dakota is recognized. semitruckload after semitruckload, fore, we see fewer exports and more im- Mr. DORGAN. Mr. President, the perhaps two dozen of them, coming ports and, therefore, a huge trade defi- amendment we are considering deals into this country hauling Canadian cit—33 consecutive years of merchan- with a subject I have spoken about on durum. When Earl and I got to the Ca- dise trade deficits with Japan. the floor many, many times called the nadian border with his 12-year-old or- Let me talk just for a moment about Federal trade deficit, the national ange truck with 200 bushels of durum, Japan, China, Canada, Mexico. trade deficit. I know some will roll we were told, ‘‘We’re sorry, but you Japan. Here is our trade relationship their eyes when I talk about the trade can’t take United States durum into with Japan. The Japanese are sharp. deficit, because I have come to the Canada.’’ My question was, ‘‘Why? Did The Japanese have said to us, ‘‘Here is floor very often to talk about this I not just see a dozen semitruckloads the way we’re going to trade with you. issue. But it is critically important, or two dozen semitruckloads of Cana- By the way, our relationship with you and I want to explain why I care about dian durum coming into the United is going to be that we’re going to flood this issue and why the Senator from States?’’ ‘‘Yes.’’ ‘‘Don’t we have a trade your market with Japanese goods, and West Virginia and I have offered the agreement with you?’’ ‘‘Yes.’’ ‘‘Then when you want to get American goods amendment that we have. why can’t we take American durum, into the Japanese market, good luck.’’ The amendment itself is an emer- U.S. durum, into Canada?’’ ‘‘Because Oh, we get some goods into the Japa- gency commission to end the trade def- that’s the way the trade agreement nese market, but we do not get nearly icit. It establishes a commission to works,’’ we were told. enough of the things we need to get in study the current trade deficit that we It is not the way a thoughtful trade to reduce this trade deficit. You know have and to make recommendations to agreement would work and not the way all of the standard brands that come Congress on strategies and approaches that a trade agreement that was in. People say this is good for our con- that we may use to deal with the trade thoughtfully negotiated would work, sumers. Well, in some ways it could be deficit. but it may be the way this one works. good for our consumers, but wouldn’t it I would like to proceed by describing This is precisely my point about the be good for our producers, wouldn’t it just a bit my concern about the trade trade problem we have in this country. be good for our wage earners, the peo- deficit. There are a lot of things in this Every time our negotiators go out and ple who have jobs in this country, if we country that are going right. Many negotiate another trade agreement, could take this amount of red and say Americans take a look at this economy they seem to lose in the first 2 weeks. that is what we are going to put into and they say, gee, the country is in Will Rogers, 60 years ago, said, ‘‘The Japan in products made by Americans pretty good shape. The Federal budget United States of America has never who are earning a wage and earning deficit is down, down, way down. Infla- lost a war and never won a con- benefits and have a good job? tion is down, down, down 5 years in a ference.’’ He surely must have been The Japanese, for example, fill our row, 6 years in a row. Unemployment is thinking about trade negotiators. country with their goods, and then down. The crime rate is down. The wel- Now, let me describe to you this mer- they say to us, ‘‘By the way, when you fare rolls are down. Most people would chandise trade deficit. You see this red send beef to Japan, there is a 47 per- think this country is doing quite well. ink? The merchandise trade deficit is cent tariff on every pound of beef going That is the case. It certainly is true. 22 years old—22 straight years of trade into Japan.’’ So, a T-bone steak in There are, however, some small-craft deficits, 35 of 36 years of trade deficits. Tokyo is $30, $35 a pound. Why? Be- warnings out there dealing with the And you see, this is not getting better; cause we do not get enough beef into trade deficit. The trade deficit is the it is getting worse. It is not just get- Japan. In fact, the 47 percent tariff is one economic indicator that is not ting worse; it is getting much worse. our success rate, that is after we nego- going down; it is going up. Our trade Some would say, ‘‘Well, let’s ignore tiated a beef agreement with Japan. deficit is increasing. The last 4 years in that. Let’s just ignore it. It doesn’t How many other countries would say a row we have had the largest trade matter.’’ It does matter. The trade def- it is a success if they were to have a 47 deficit, merchandise trade deficit, in icit ultimately is going to be repaid percent tariff on something imported the history of this country. And this with a lower standard of living in this into the United States? They would say year it will increase once again. country. We had better worry about it that is a colossal failure. They would In order to talk about trade just for and better do something to deal with say the United States is failing to meet a moment, I want to begin by talking it. its responsibilities towards opening ex- about the parochial issues that affect The merchandise trade deficit was a panded fair and free trade. But the Jap- North Dakota, among others—the Ca- record in 1997. Here are the projections anese have a 47 percent tariff on beef. nadian grain imports to the United by the U.S. Department of Commerce Nobody whispers a thing about it. All States. and Standard and Poors of what will the while we have a literal tide of red S2386 CONGRESSIONAL RECORD — SENATE March 23, 1998 ink year after year after year that now produce, for example, a pair of shoes What we now understand is that Asian reaches $50 billion and $60 billion every that has 20 cents of direct labor in the crisis, that Asian financial crisis, will year. pair of shoes, and it is sent to a store inevitably continue to put upward Now, I ask the question on behalf of shelf in Pittsburgh or Fargo or Edina pressure on these trade deficits. those who want to export to Japan and or Los Angeles and sold for $80 a pair— That is why we think it is time to want the jobs that come with those ex- with 20 cents of labor. Is that a good turn to this subject in earnest as a ports, the jobs that pay well, that have deal for the producer? Sure. That country and decide what is wrong and decent benefits, I ask the question: means higher profits for the corpora- what is right. How do we fix what is When are we going to do something tions. It means fewer jobs here in this wrong? And how do we strengthen what about this? When are we going to do country and it means a swollen trade is right? something about this trade deficit? deficit for America. As I conclude, I want to again point And who is going to stand up and say, In the long term, we need to con- out that I have come to the floor very let us do it? struct a trade strategy that says to often and talked about trade. And in- Now, this exists, at least in part, be- producers that there is an admission stantly people, when you talk about cause the Japanese will not allow our price to our economy. We are a leader trade, decide that there are only two goods in, but also in part because of in world trade. We are a leader in open sides to the trade issue—protectionists corporations who want to do business trade. But we demand as a country fair and the free traders. They could not be on both sides and think this is just trade. Our country needs to say to this more wrong. fine. As long as they are selling goods administration and to future adminis- I believe very much in expanded both ways, they don’t care who ends up trations, as we have said to past ones, trade. I come from a State in which swallowing the red ink. In fact, with that when we negotiate a trade agree- nearly one-half of our production is in respect to other countries like China, ment, we expect the agreement to be in agriculture that must find a foreign Indonesia, Sri Lanka, Bangladesh, and this country’s best economic interest. home. But we also understand in our dozens of other countries, the largest You cannot tell me that having nego- State that there are certain require- corporations think it is a wonderful tiated, as our Government has, a trade ments when we negotiate agreements thing to be able to produce where you agreement with Mexico and Canada and treaties, especially in trade, that can produce dirt cheap and then sell that turns sour immediately and costs demand this country be treated fairly. the goods in the United States. That is us several hundred thousand lost jobs It was all right just after the Second part of this trade deficit as well. in this country and has increased our World War to have a trade policy that China now has a nearly $50 billion deficit with Canada, an agreement was essentially stimulated by foreign trade deficit with this country—nearly which took a surplus in Mexico and im- policy considerations, but it is not all $50 billion. And it has ratcheted up, as mediately turned that into a huge defi- right any more. We now face tough, you can see, very quickly. China sees cit, you cannot tell me that is success. shrewd economic competitors. And it is the American marketplace as a market It is a failure. We ought to expect more not satisfactory to me, and I believe in which they can move a substantial from our trade negotiators, and we not satisfactory to this country, to amount of their produce from trousers ought to expect a better trade policy in allow other countries to ratchet up huge, huge trade surpluses with us or to shirts to shoes to electronics. You this country. name it, the Chinese send it. And, yes, American trade deficits have grown force us into having huge trade deficits trinkets and toys. The Chinese send all under the trade agreements. This chart with them and see that circumstance these products to our country. shows what has happened with both weaken our manufacturing sector in Now, China, of course, does not buy Canada and Mexico. It shows that we this country, and weaken the capabil- nearly enough wheat from us, some- had a surplus with Mexico, and we ity of having long-term good jobs that thing we produce in great quantity. Oh, turned it immediately into a deficit. pay well, with benefits. Anyone who believes that it does not they are worried about all kinds of With Canada, the deficit has increased. matter when you weaken your manu- things, and they are price shopping It seems to me that is not progress. facturing sector does not understand elsewhere while they are ratcheting up Now, the commission that we have what makes a good, strong country this huge trade surplus with us; for us recommended—Senator BYRD and my- viable in the long term. You cannot a deficit with them. self—we have suggested that the com- survive as a world economic power un- China, for example, desperately needs mission should develop trade policy less you have a viable, strong, growing, airplanes. They have a lot of people. recommendations by examining the vibrant manufacturing sector. And They are going to need apparently impacts on investments, the impacts that is what all of this is about. about 2,000 airplanes in the coming on domestic wages and prices, the This country and its producers and couple of decades. China is saying, ‘‘By causes and consequence of trade defi- its workers can, should, and will com- the way, yeah, we’ll buy a few air- cits I have just discussed, the barriers pete anywhere in the world, any time. planes from you, but what we want to to trade, the relationship of tariff and But we should not be expected to com- do is move your airplane manufactur- nontariff trade barriers to bilateral pete against the conditions of produc- ing capability to China.’’ They say to deficits, the comparative and competi- tion that we see existing in some parts Boeing, ‘‘Yeah, we’ll buy Boeing air- tive trade advantages that exist, the of the world, nor should we be expected planes, but produce them in China.’’ effects of labor, environmental health to compete when the rules are not fair. That is not the way the trade works. If and safety standards on trade. We ought not expect our trading part- The series of things that we want to we are buying what China produces, ners to flood our market with goods occur with this trade deficit commis- they have a responsibility, when we and then close their market to Amer- sion are simple. We want all the spot- produce something, to buy it from our ican producers and American workers. lights to shine on the same spot on the country. That is the way in which we That is not fair trade. It is not right question of trade. We believe the trade reduce this trade deficit. for the future of this country. There are some in this country, and deficit injures this country. And we be- I thank the Senator from Alaska for some enterprises, who make a lot of lieve the trade deficit that is growing his courtesy. I yield the floor. money because of this trade deficit. is counterproductive to our future eco- Mr. President, I suggest the absence They say, ‘‘Well, gee, we’re making a nomic progress. of a quorum. lot of profit for our stockholders. We Mr. President, all of us have read The PRESIDING OFFICER. The hire a kid 14 years old, and we can about the Asian financial crisis. I have clerk will call the roll. work that kid 14 hours a day. We can described a swollen trade deficit prior The bill clerk proceeded to call the pay that kid 14 cents an hour, and we to the Asian crisis. The Asian currency roll. can make a lot of money by shipping crisis, as shown by last week’s an- Mr. STEVENS. Mr. President, I ask the product that child makes to the nouncement of that the trade deficit unanimous consent that the order for U.S. marketplace.’’ continues to grow, is exacerbating the the quorum call be rescinded. Yes, there are children today who are problem. In fact, last month’s trade The PRESIDING OFFICER. Without earning 14 cents an hour. They deficit was the highest in history. objection, it is so ordered. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2387 Mr. STEVENS. Mr. President, the THE NAVY’S F/A–18E/F SUPER other GAO report on this subject in amendment that is pending is the Byrd HORNET PROGRAM late 1996 which concluded that the only amendment. Mr. FEINGOLD. Mr. President, I rise marginal improvements of the F/A–18E/ The PRESIDING OFFICER. The Sen- today to tell a story that perhaps will F are far outweighed by the much high- ator is correct. intrigue and may be worthy of Tom er cost of the E and F planes as com- Mr. STEVENS. This amendment now Clancy’s best novel. The story has a pared to the C/D planes. The revelation has been cleared on this side of the little bit of deception and what might in these reports force us, the President, aisle. I am prepared to accept that on be called good old-fashioned Govern- and the buyers of this aircraft to cast behalf of the committee, and I urge ment coverup. Maybe if we could get a wary eye on the Super Hornet pro- Senators to request its adoption. Alec Baldwin and Sharon Stone, we gram. The PRESIDING OFFICER. The might even have a halfway decent Let me back up for a minute to put question is on agreeing to the amend- movie to boot. But the unfortunate as- this recent series of recommendations ment of the Senator from West Vir- pect of this story is that it is true and by the GAO into context. The Super ginia. that the American people are the ones Hornet, the F/A–18E/F, is just one of The amendment (No. 2062) was agreed who I think are getting duped. three costly new fighter programs that to. Mr. President, the Navy’s F/A–18 E/F the Department of Defense has on the Mr. BYRD. Mr. President, I move to ‘‘Super Hornet’’ program is foundering drawing board right now. In addition to reconsider the vote by which the and the Defense Department is doing the Super Hornet, there is the Air amendment was agreed to. everything in its power to keep it Force’s F–22, and also the Joint Strike Mr. STEVENS. I move to lay that afloat. Last April I requested a review Fighter. motion on the table. of this program by the General Ac- The Joint Strike Fighter is intended The motion to lay on the table was counting Office. Just this week the to perform virtually every type of agreed to. GAO finished its work on this report. fighter aircraft mission in today’s force Mr. STEVENS. Mr. President, there The report itself raises numerous ques- structure. The Joint Strike Fighter is are other Senators coming with amend- tions regarding the aircraft and also expected to be a stealthy strike air- ments. I urge Senators to come and the Navy’s judgment in developing, craft built on a single production line take advantage of today. It is the right producing, and testing the aircraft. with a high degree of commonality of period of time to clear an amendment Perhaps even more telling, though, is parts and cost. The Navy plans to pro- that any Senator wishes us to agree to the Navy aircraft’s testing team’s ef- cure 300 JSF’s, with a projected initial without debate. forts to keep this wasteful and unnec- operational capability beginning Mr. BYRD. Mr. President, I ask unan- essary program alive. around the year 2007. Demonstration imous consent that the name of Mr. The new GAO report makes the fol- studies indicate that the JSF—this is as compared to the Super Hornet—will SARBANES be added as a cosponsor to lowing recommendations: the amendment. First, that the Department of De- have superior or comparable capabili- The PRESIDING OFFICER. Without fense and the Navy adopt a more cau- ties in all Navy tactical mission air- objection, it is so ordered. tious approach as they make funding craft areas, especially range and sur- vivability, at far less cost than the Mr. STEVENS. Will the Senator add decisions and prepare for the oper- Super Hornet or any other existing or my name? ational testing of the Super Hornet; No. 2, that the Department of De- planned carrier-based tactical aircraft. Mr. BYRD. Mr. President, I ask that fense direct the Secretary of Navy not The Navy’s JSF variant is expected the name of the distinguished chair- to approve contracting of additional F/ to have longer ranges than the Super man of the committee, Mr. STEVENS, be A–18E/F aircraft beyond the first 12 for Hornet to attack high-value targets added as a cosponsor. the first low-rate production phase without having to use external tanks. The PRESIDING OFFICER. Without until the Navy demonstrates through Unlike the Super Hornet, which would objection, it is so ordered. flight testing that these deficiencies carry all of its weapons externally, the Mr. STEVENS. Mr. President, I sug- that we are talking about are cor- Navy’s Joint Strike Fighter will carry gest the absence of a quorum. rected; and, internally at least four weapons for The PRESIDING OFFICER. The No. 3, that the Navy not begin oper- both air-to-air and air-to-ground com- clerk will call the roll. ational testing and evaluation of these bat. That, of course, would maximize The bill clerk proceeded to call the planes until the corrections are incor- its stealthiness. roll. porated into the aircraft used for oper- Finally, the JSF would not require Mr. STEVENS. Mr. President, I ask ational testing and evaluation. jamming support from the EA–6B unanimous consent that the order for These GAO recommendations seem Prowler aircraft as does the Super Hor- the quorum call be rescinded. reasonable. Even DOD has agreed in net in carrying out its mission in the The PRESIDING OFFICER. Without part with the first two recommenda- face of integrated air defense systems, objection, it is so ordered. tions. But DOD resists agreeing to any- and, while the Joint Strike Fighter is Mr. STEVENS. Mr. President, I un- thing that could delay the development expected to have superior operational derstand Senator FEINGOLD is seeking process. They are so adamant in ram- capabilities as compared to the Super the floor to speak as in morning busi- ming this program through that they Hornet, it is expected that it can be de- ness, which we do not object to, pro- decided to cut out valuable data-gath- veloped and procured at far less cost vided there would be no amendments ering requirements so they could still than the Super Hornet. However, there introduced to this bill during that pe- maintain their test schedule. As our are few who look at this whole picture riod. I ask the Senator how much time first chart shows, the new report of how much we are talking about for he would like to have. quotes the Navy’s Program Risk Advi- all three of these new planes and who Mr. FEINGOLD. Mr. President, I ap- sory Board, which states that the cur- can honestly say we can afford all preciate the chairman’s remarks and rent F/A–18C is actually better than three tactical fighter programs. respectfully request 30 minutes as in the E/F in some performance areas, in- This chart that we have up now morning business. I have no intention cluding some acceleration and maneu- shows the total estimated cost for all of introducing any amendment on this vering. What that means is the current three of these planes—the F–22, the bill at this time. plane, the one the Navy says we have Super Hornet, and the JSF. That total Mr. STEVENS. Under those cir- to switch from, from the current plan figure is an astonishing $397 billion. cumstances, I ask unanimous consent for the Super Hornet, actually may do That is enough to pay for the fiscal the Senator be recognized for that pe- better in some of these areas than the year 1998 appropriations for the De- riod of time and that I regain the floor plane that would come in the future. partment of Defense plus Veterans Af- at that time. The report also states that the Navy fairs plus Housing and Urban Develop- The PRESIDING OFFICER. Without will likely exceed the $4.88 billion de- ment plus Treasury plus Energy plus objection, it is so ordered. The Senator velopment cost cap on this program. Military Construction and the Legisla- from Wisconsin. This report falls on the heels of an- tive Branch Appropriations thrown in S2388 CONGRESSIONAL RECORD — SENATE March 23, 1998 as well. With the money we would Mr. President, these are not the improved C/D planes instead of creat- spend on these three tactical fighter words of a glowing review for any pro- ing this entirely new plane that isn’t programs, we could pay for all of those gram, but they are downright awful for clearly better than the C/D, a dif- things and we would still have $1 bil- an aircraft program some estimate will ference of 17 billion-taxpayer-dollars. lion change back in your pocket, as cost over $106 billion. We should not The report also addressed other pur- they might say at McDonald’s. gamble with our pilots’ lives. We ported improvements of the Super Hor- The GAO, the CBO, the National De- should not gamble with more than $100 net over the C/D. fense Panel, and many others agree billion of taxpayers’ money. These The GAO concluded that the reported that the likelihood that all three of stakes are too high. operational deficiencies of the C/D that these plane programs can be fully fund- Also, in the new report GAO asserts the Navy cited to justify the Super ed with the planned number of aircraft that the E/F doesn’t accelerate or ma- Hornet either have not materialized as buys is virtually nil. neuver as well as the current C/D projected or that such deficiencies can Interestingly, the Marine Corps has plane. DOD agrees with this point but be corrected with nonstructural decided not to purchase any of the says that this is an acceptable tradeoff changes to the current C/D and addi- Super Hornets. The Marine Corps has for an E/F that is more capable in tional upgrades to further improve its decided that the E/Fs are too expensive other respects. I wonder if the pilot fly- capability. In effect, the GAO has re- and that the Super Hornets—the F/A– ing the E/F would agree with that kind butted all of the Navy’s claims about 18Cs and Ds, the planes currently flown of a tradeoff. what disadvantages the current C/D by marine aviators—are up to their It gets better—or, really, worse. The plane supposedly has. So, we have a plane that doesn’t real- mission. They know, and say, that the publication ‘‘Inside the Pentagon’’ re- ly do the things the Navy said it would C/D is adequate for what they have to ported in its February 19 issue that the do and, in some respects, it does not do now and so they have wisely opted Navy will not hold the Super Hornet to perform as well as the current older to wait—not have the current C/D, then strict performance specifications in version, but we are supposed to pay go to the Super Hornet, and then go to three areas. It published a copy of a double for these new planes anyway. the Joint Strike Fighters. What the memo written by Rear Adm. Dennis Caveat emptor, indeed. Marines are apparently saying is they McGinn, the Navy’s officer in charge of Mr. President, I now would like to will wait for that Joint Strike Fighter air warfare programs, that ordered the address an additional newer problem instead of putting us to the enormous Super Hornet would not be strictly that has come out, and that is the issue expense of moving up to the Super Hor- held to performance specifications in known as the wing-drop problem. net. Given our fiscal constraints, we turning, climbing and maneuvering. In its new review, the GAO reports a cannot afford to finance three separate Everyone can agree that these are wing-drop problem that threatens this fighter planes that accumulate to the important performance criteria for a entire E/F program. This issue has gar- final costs that these three programs state-of-the-art fighter and attack nered the most publicity recently and involve. Over the next few minutes, I plane. presents a major problem for the Navy. will just cite a few of the many reasons It turns out that the memo was sent I want to reiterate, because I devoted that we really ought to put an end to to the E/F test team after, Mr. Presi- most of my talk discussing all the the Super Hornet E/F program. dent, after the team concluded that the problems that existed with this plane The Navy and the planes’ manufac- E/F was, in some cases, not as pro- before this wing-drop problem came up, turer, Boeing, base their argument for ficient in turning or accelerating as but this is a very serious problem in- the need to develop and procure the the current C/D version of the plane. deed. Super Hornet on existing or projected Keep in mind that the C models used Wing drop causes the aircraft to rock operational deficiencies of the C/D in these comparisons were not even the back and forth when it is flying at the plane in five different areas: strike most advanced examples of the current altitude and speed at which air-to-air range, carrier recovery payload, surviv- C models. In its new report, the GAO combat maneuvers are expected to ability, avionics growth space, and said that the Navy board’s program of- occur. Obviously, this is not a good sit- payload capacity. ficials came to ‘‘the realization that uation for a fighter pilot. The Navy and Boeing like to call the F/A–18 E/F may not be as capable GAO reports that the Navy and Boe- these five points the ‘‘five pillars’’ of in a number of operational perform- ing think wing drop is unacceptable the Super Hornet program. But the ance areas as the most recently pro- and presents the program’s most chal- new GAO report and my own review of cured C model aircraft that are lenging technical problem. the program show that these five pil- equipped with an enhanced perform- DOD claims to have a variety of lars of the Super Hornet are actually ance engine.’’ promising solutions that will mitigate weak and crumbling. GAO identifies The Navy’s own test team has now the wing-drop problem, but it is very problems with E/F in each of these five stated that the new plane does not per- interesting to note what the Defense key areas, and the responses that the form as well as the reliable version cur- Department does not say. They are not Navy has to each of these concerns are rently used in key performance areas. saying that they will have a complete actually at odds with their own argu- The Navy now is somehow apparently fix to the wing-drop problem. Addition- ments in favor of the E/F program. saying that these performance criteria ally, these potential solutions will neg- In the report, GAO identifies prob- are suddenly not important. This atively affect the already very mar- ginal benefits of the Super Hornet over lems that could diminish the effective- strikes me as a little shameful. ness of the plane’s survivability im- In its 1996 report, the GAO reached a the C/D. The Navy’s solutions affect the provements, problems that could de- number of conclusions. It found that plane’s speed, maneuverability and the E/F Super Hornet offers only mar- grade engine performance and service stealthiness, and I think these trade- life, and dangerous weapons separation ginal—marginal—improvements over offs are clearly unacceptable, given the problems that do require additional the C/D and that these are greatly out- Navy’s position so adamantly adhered testing. As recently as July 1997, the weighed by the far greater cost of the to that somehow this E/F is better than Navy’s Program Risk Advisory Board new plane, the E/F. It found that the the C/D. It will be interesting to ob- stated that ‘‘operational testing may current plane, the C/D, can be modified serve how DOD handles this situation determine that the aircraft is not oper- to meet every capacity that this new E/ given its past performance. ationally effective or suitable.’’ F is intended to fulfill. Let me just say This chart shows the progression of In December, the board reversed its it another way. A modified C/D would the wing-drop problem from the flight position and then said the following, meet the performance specifications test team to the Secretary of Defense. that the E/F is potentially operation- that the E/F was built to meet. On March 4, 1996, the Navy’s test ally effective and suitable, but also re- The GAO found and put a figure on team first discovered the E/F’s wing- iterated that it did have quality con- this that was very troubling to me at drop problem. cerns with certain systems that are the time and still is. They said that the In November of that year, the Navy supposed to make the E/F Super Hor- Defense Department could save $17 bil- classified the wing drop a priority net superior to the current C/D. lion by purchasing more of the current problem. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2389 On February 5, 1997, the test team GAO estimates that the Navy could The PRESIDING OFFICER. Senate noted wing drop in an official defi- save almost $17 billion if the Navy were bill 1768 is pending. ciency report. to simply procure the F/A–18 C/Ds rath- Mr. GRAMS. Mr. President, I ask On March 12, the Navy reported that er than the E/Fs. This savings alone unanimous consent to speak for up to 5 wing drop ‘‘adversely impacts the mini- could have easily paid for the fiscal minutes as in morning business. mum acceptable operational perform- year 1998 Transportation or Interior The PRESIDING OFFICER. Without ance requirement.’’ appropriations in their entirety. objection, it is so ordered. Two weeks later, Secretary Cohen I know that some of my colleagues f approved the recommendation of Paul will say that by halting production of THE EDUCATION IRA BILL Kaminski, the Navy’s chief procure- the Super Hornet and instead relying ment officer, to go ahead and purchase on the current C/D, we will somehow be Mr. GRAMS. Mr. President, as you the first dozen production versions of mortgaging the future of our naval know, the Senate has before it and is the E/F for a figure of $1.9 billion. aviation fleet, but GAO clearly states debating a very important bill to pro- Kaminski’s decision followed a meet- that this is not the case. mote educational alternatives. It is a ing with the Navy’s test team in which Given the program-threatening de- bill which advances educational op- this wing-drop problem apparently sign problems and its enormous cost tions, one which would encourage fami- wasn’t even mentioned. and marginal improvement in oper- lies to be actively involved in their On November 20, almost a year and a ational capabilities that the Super children’s education. half after this wing-drop problem was Hornet would provide, it seems that It comes at a critical time. Test re- first discovered, John Douglas, Assist- this new airplane is just not justified. sults released last month show that ant Secretary of the Navy for Re- Operational deficiencies in the current American high school seniors score far search, Development and Acquisition, C/D aircraft either have not material- below their peers from other countries then informed Navy Secretary John ized or they could be corrected with in math and science. Dalton of the wing-drop problem. This nonstructural changes to the plane. Education Secretary Riley called the program-threatening wing-drop prob- The question is whether the current C/ scores ‘‘unacceptable,’’ and indicated lem seems to have been kept, Mr. D can serve that function as it has that schools are failing to establish ap- President, from the top Defense De- demonstrated or whether we should propriate academic standards. partment staff, including the Sec- proceed with an expensive new plane S. 1133 is the Senate’s version of the retary, until after the decision was for a very marginal level of improve- education-IRA which has already made to initially procure the first 12 ment. passed in the House. The bill, com- aircraft. The $17 billion difference in projected monly referred to as the A+ savings ac- If this sort of manipulation of the costs does not seem to provide a sig- counts, would expand the college edu- process is really taking place, it is ob- nificant return on our investment. The cation savings accounts established in viously totally unacceptable. I have Super Hornet is, in effect, a solution in the Taxpayer Relief Act of 1997 to in- asked a full account of the discovery need of a problem. The Super Hornet clude primary and secondary students. and progression of the wing-drop prob- program should be ended. The Defense A+ accounts would also increase the lem from the Secretary of Defense. In Department and the Navy should also maximum allowable annual contribu- light of these allegations, I also urge remain above board with the taxpayers tion from $500 to $2,000 per child. The the Department of Defense to fully when problems arise during the devel- money could be used without tax pen- consider the panel’s findings and halt opment of a new aircraft. alty to pay for a variety of education- the purchase of any additional Super As a result, proceeding with the related expenses for students in K–12, Hornet aircraft scheduled for this Super Hornet program is not the most as well as college expenses. The Senate bill closely resembles month until this wing-drop problem is cost-effective approach to modernizing what is currently happening at the fully understood and corrected. To do the Navy’s tactical aircraft fleet. In state level in Minnesota. Our state is otherwise would compromise the safety the short term, it has been made very establishing itself as a leader in bring- of our Navy’s pilots and the integrity clear the Navy can continue to procure ing educational opportunity, authority of the Department of Defense. F/A–18 C/D aircraft while upgrading it and choice to parents. Last summer, Having mentioned a number of to further improve its operational ca- the Minnesota legislature approved issues, including this very serious pabilities. For the long term, the Navy Governor Carlson’s two-year package wing-drop problem, I want to briefly can look forward to the next genera- of tax cuts valued at $160 million. The conclude my remarks by reemphasizing tion of strike fighters, the joint strike package includes a 250% increase in the exorbitant cost of this new Super fighter, which will provide more oper- educational tax deductions. Parents Hornet aircraft. ational capability at far less cost than can now deduct between $1,625 and The Navy initially plans to procure this Super Hornet that they want to go $2,500 each year per child, depending on 62 aircraft in three separate procure- through with right now. ment lots. Secretary Cohen is delaying The most efficient and fiscally appro- the child’s grade. These deductions procurement of the second round of 20 priate bridge is an upgraded C/D. The may be used for all education expenses, aircraft pending identification of a so- question is whether we can afford a $17 including tuition. Senate consideration of the A+ legis- lution to this wing-drop problem. The billion hit that can’t be justified. final aircraft buy is scheduled for late We should discontinue the E/F pro- lation comes at a notable time, a time 1998 or early 1999. gram before the American taxpayers of increasing focus on the future of DOD claims that failure to provide are asked to shell out additional tens America’s children. Last October, the full funding for the second round of of billions of dollars for an unnecessary White House held a summit intended to planes would result in a production and flawed program. bring children’s issues into the fore- break and then would involve consider- I thank the Chair, and I yield the front as a national priority. able additional costs. The total cost, floor. Mr. President, I suggest the ab- Well, what better way to turn con- though, of these planes is already $15 sence of a quorum. sensus-building into action than to billion more than estimates that were The PRESIDING OFFICER. The give parents practical tools, such as given just 2 years ago—$15 billion more clerk will call the roll. the A+ accounts, which enable them to from just 2 years ago. How much worse The assistant legislative clerk pro- better provide for their children’s edu- can this get? ceeded to call the roll. cation. The original cost estimates were Mr. GRAMS. Mr. President, I ask Unfortunately, tired, groundless at- based on unrealistically large projec- unanimous consent that the order for tacks against the A+ accounts con- tions of the number of aircraft to be the quorum call be rescinded. tinue to hang on. The charge I hear purchased, low inflation assumptions The PRESIDING OFFICER. Without most frequently is that ‘‘education sav- for later years, and the Navy’s failure objection, it is so ordered. ings accounts and tax breaks for par- to factor in the effect of its decision to Mr. GRAMS. Mr. President, what is ents would shift tax dollars away from buy more of the higher cost F models the current order of business before the public schools.’’ That is simply not the of the Super Hornets. Senate? case. S2390 CONGRESSIONAL RECORD — SENATE March 23, 1998 More education dollars under paren- ized by law prior to the payment of With the amount included in the tal control would promote education these costs. I am speaking of the U.S. emergency supplemental that we will by encouraging parents to save, invest costs. Our U.S. costs would have to be consider today, the United States will in, and support programs and materials specifically authorized by law before have expended over $7.5 billion for op- that facilitate and provide the right they could be paid. erations in and around Bosnia and the option for child’s education. Nothing Actually, this ought to be the proper former Yugoslavia by the end of fiscal would be taken away from public edu- interpretation of the Constitution. But year 1998. Mr. President, it is estimated cation resources. too often we find that costs—particu- that the United States is paying over The A+ accounts help working fami- larly those of foreign policy objectives 50 percent of the costs of maintaining lies. They encourage savings and en- supported by the Department of De- the peace in Bosnia—nearly $200 mil- able families to make plans which fense—are incurred and then we are lion a month in 1997 alone—and there is shape a child’s future. They are di- asked to pay for them in the budget no end in sight to the U.S. presence rected at low and middle income fami- process later. there with the President’s decision to lies, not wealthy families which cur- The costs related to NATO enlarge- keep deployments there indefinitely. rently have more education options. It ment are still general estimates, but Our defense overseas funding in seems ironic to me that some of the the debate is continuing as to what is NATO countries—the cost of maintain- loudest opponents of these savings ac- actually required and what portion of ing our forces there, including the op- counts are high-income, high-option in- these requirements should be paid by erations and maintenance, military dividuals, who can afford to send their the NATO common budgets. These esti- pay, family housing, and military con- own children to private schools. mates will continue to evolve and struction—now averages nearly $10 bil- According to the Joint Committee on change in the coming months, well lion a year. Security assistance to the Taxation, the great majority of fami- past the completion of the NATO ex- NATO allies since 1950—this is the lies expected to take advantage of the pansion debates here in this Chamber. military assistance and military edu- education savings accounts have in- U.S. costs could increase as NATO fi- cation and training—has totaled over comes of $75,000 or less. These are the nalizes its implementation plans and $19 billion. families who need savings options and eligibility criteria for common fund- No other member of NATO has the incentives the most. ing, or if new member countries have global defense role of the United Mr. President, the A+ accounts sim- problems paying for infrastructure im- States, nor does any other member ply provide a modest, tax-free savings provements. A Congressional Budget have the forward-deployed presence in plan for families. This is a common- Office study released last week con- potential flash point areas such as the sense approach to the serious issue of firms that the United States is likely Middle East or the Korean peninsula. educating our children. It offers a real to incur bilateral costs for expanded There is just no alternative but to solution for America’s working fami- exercises, training, and programs to in- take the two steps that I am going to lies, and I urge my colleagues to give it corporate NATO compatible equipment ask the Senate to propose to the House their support. into the central European militaries. and to the President by these two Thank you, Mr. President. I yield the My amendment would ensure a more amendments. floor and suggest the absence of a accurate accounting for, and expla- I would like to introduce the amend- quorum. nation of, the actual costs related to ments. The PRESIDING OFFICER. The NATO enlargement as the process con- The first is an amendment that I clerk will call the roll. tinues to develop. mentioned to require prior specific au- The legislative clerk proceeded to My second amendment will restrict thorization of funds before U.S. funds call the roll. the use of funds for payment of NATO may be used to pay NATO enlargement Mr. STEVENS. Mr. President, I ask costs after September 30 of this year costs. It is cosponsored by Senators unanimous consent that the order for unless the Secretaries of Defense and BYRD, CAMPBELL, ROBERTS, THURMOND, the quorum call be rescinded. State certify to the Congress that the and WARNER. The PRESIDING OFFICER. Without total percentage of NATO common The second amendment is the amend- objection, it is so ordered. costs paid by the United States will ment to require that certification of Mr. STEVENS. Mr. President, I ask not exceed 20 percent during the NATO payments to NATO will not cause the unanimous consent that I be permitted fiscal year. Historically, NATO has not U.S. share of NATO common budget ac- to speak as if in morning business and systematically reviewed or renegoti- counts or activities to exceed 20 per- to introduce two amendments to be ated member cost shares for the com- cent, and that is cosponsored by Sen- considered at the time the NATO ex- mon budgets. This amendment would ators BYRD, CAMPBELL, ROBERTS and pansion issue is before the Senate for effectively require a reduction of the WARNER. consideration. U.S. percentage paid in support of I thank the Chair. I suggest the ab- The PRESIDING OFFICER. Without NATO common budget costs from a sence of a quorum. objection, it is so ordered. historic average of 24 or 25 percent. The PRESIDING OFFICER (Ms. COL- The Senator from Alaska is recog- And I believe it is actually higher than LINS). The clerk will call the roll. nized. that, but that is the average that they The bill clerk proceeded to call the f use. This is a reassessment that is long roll. overdue in light of U.S. global defense Mr. KENNEDY. Madam President, I PROTOCOLS TO THE NORTH AT- responsibilities. ask unanimous consent that the order LANTIC TREATY OF 1949 ON AC- We have to remember that NATO was for the quorum call be rescinded. CESSION OF POLAND, HUNGARY, formed at the time when we were com- The PRESIDING OFFICER. Without AND THE CZECH REPUBLIC ing out of World War II, before the objection, it is so ordered. Mr. STEVENS. Mr. President, I am United States had started really to The Senator from Massachusetts is going to speak for a few minutes about carry out its global responsibilities. recognized. the issue of NATO expansion, and I When Spain joined NATO in 1982, there f want to offer these two amendments were pro rata adjustments to the civil today. These amendments, I believe, and military budget shares based upon SUPPORT FOR PUBLIC EDUCATION will serve to bring greater accountabil- Spain’s increased contribution. No Mr. KENNEDY. Madam President, I ity to the unresolved issue of the addi- other formal renegotiations have oc- know that we are debating very impor- tional costs that will result with the curred since 1955 in these two common tant issues on the supplemental appro- accession of Hungary, Poland, and the budget areas. The NSIP—or NATO in- priations bill. But I would like to take Czech Republic to the NATO alliance. frastructure budget—has been adjusted a few moments this afternoon to ad- My first amendment requires all five times since 1960, but that was due dress another important issue, the costs related to either the admission of more to the way projects were ap- Coverdell bill. There is a very impor- new NATO members or their participa- proved and funded than any actual at- tant question we must all ask. Will tion in NATO to be specifically author- tempt to reallocate the percentages. Congress support public education or March 23, 1998 CONGRESSIONAL RECORD — SENATE S2391 abandon it? I believe the vote tomor- into effect, anyone who is qualified is cation, this may be the only time this row, and the debate going through next going to get a tax break every year— year that we get to talk about the edu- week on the Budget Resolution, may that’s an entitlement in my book. It’s cational needs of the 53 million chil- very well be the most important days an entitlement for the wealthy who dren who attend our primary and sec- that we will have to talk about the send their children to private school. ondary schools in this country. issue of education in this Congress. I Should we have a good chance to de- First of all, the issue is about choice would like to outline the challenges we bate different public policy alter- and giving our colleagues the choice to face in the nation’s public schools. May natives to the Coverdell bill that is of- consider an alternative or alternatives I yield myself 5 minutes? Can I do that; fered on behalf of the Republicans? We to Senator COVERDELL’s legislation. if the chair will let me know? would welcome that debate. We do not Secondly, we believe that the issue is The PRESIDING OFFICER. Is there fear that debate; we welcome it. We how the American people decide how objection? Without objection, it is so think the country would welcome it. they want their tax dollars spent. ordered. We have our ideas. The President has Let me first, if I can, describe what Mr. KENNEDY. Madam President, we his ideas. The President, in his State of the Coverdell amendment does. The ought to understand exactly where we the Union and in his speech on edu- Coverdell amendment is a tax expendi- are as a nation and measure the pro- cation, has outlined some very impor- ture of $1.6 billion over the next 10 posal that we will be voting on tomor- tant measures—school construction years that would provide, according to row against our particular national and modernization, smaller class size, the Joint Taxation Committee, a $1.6 needs. I think that is a fair way of better trained teachers, increase in the billion tax break, providing $37 a year making the decision whether we ought number of qualified teachers, after- to the families of children who attend to eliminate any opportunity for addi- school programs, and expansion of the private schools and $7 a year to the tional debate and discussion on the Head Start programs. Those are out children who attend public schools. question of support for public edu- there. These crucial programs are paid Of the 53 million children who attend cation across the country. No one is for in the President’s budget. primary and secondary schools, 90 per- questioning whether the Coverdell bill How did the Budget Committee ad- cent of those 53 million children attend will make a substantial contribution to dress these issues? Thumbs down on all public primary and secondary schools; private education. But if you are going of those programs. Not only thumbs 10 percent, 5.3 million, attend private to spend $1.6 billion, which is the down on those programs, but reducing schools. What Senator COVERDELL’s amount of money that will be lost from aid for education by $1.6 billion on ex- legislation does is take a $37 tax break the Federal budget under the Coverdell isting programs below the President’s and a $7 tax break, and gives it to the bill, we ought to know whether the level. We have not had that debate 5.3 million children who attend private money we spend will benefit the major- here. And we are being asked now to schools and gives the $7 tax break to ity of the children in this country? provide a new entitlement for the children attending public schools. Does this proposal abandon our support wealthier individuals who are sending Madam President, 52 percent of the tax for public education, where about 48 their children to the private schools— break goes to the 10 percent of children million—90 percent—of our children are not the public schools; to the private who are in private schools. educated? schools. That is what we are being Please let me put that in context. I This year, K–12 enrollment has asked to do. recently researched how much it costs reached an all-time high and will grow So let’s get out and debate this issue. to attend a private school in the Great- by 4 million students over the next 7 But, no; we are facing a cloture motion er Washington area. On average, it is years across this country. Second, 6,000 that says we are going to be absolutely between $10,000 and $14,000 a year. Such new public schools will be needed by denied the opportunity for considering a small tax break, Mr. President, would the year 2006 just to maintain the cur- alternatives. That is wrong. But it is provide very little assistance to par- rent class size—6,000 new schools by the something that American parents ents who choose these schools for their year 2006. Due to overcrowding, schools ought to understand, that this is basi- children. are using trailers for classrooms, cally an ill-conceived program that is The point that I make is, if you are teaching students in former hallways, abandoning the public schools in order going to spend $1.6 billion, whether you closets and bathrooms. Overcrowded to get additional tax entitlements and are a conservative Republican or lib- classrooms undermine discipline and tax breaks for tuition for children to eral Democrat, would it not be wiser decrease the students’ morale. Ameri- go to private schools. We do not have for us to try to improve the deteriorat- ca’s children are learning in over- anything against the private schools, ing physical structures of public crowded classrooms. These are the un- but with the scarce resources that are schools that are falling apart in this disputed facts on the condition of edu- available, they ought to be carefully country? Would it not be better, per- cation in the United States of America. invested in the public schools. We haps, to take the $1.6 billion and have This chart is called ‘‘America’s Chil- should not be creating more tax breaks it go to special education? dren Are Learning In Crumbling for the wealthy individuals. We should Mr. President, I don’t know how Schools.’’ Madam President, 14 million not be abandoning the public schools of many mayors, how many county children learn in substandard schools; 7 this country. We ought to be respond- boards of supervisors I have heard from million children attend schools with ing to their particular needs. who report to me that they are spend- asbestos, lead paint or radon in the Mr. President, I believe my 5 minutes ing an exorbitant amount of money to ceilings or walls; 12 million children go is up, and I yield the floor. provide the valuable needed services to to school under leaky roofs; one-third The PRESIDING OFFICER. The Sen- children who have special needs? All of of American children study in class- ator from Connecticut. us would agree that these children rooms without enough panel outlets Mr. DODD. Madam President, let me often require and deserve a great deal and electrical wiring to accommodate continue what our colleague from Mas- of assistance, but local school districts computers and for multimedia equip- sachusetts has been talking about. and taxpayers are often in desperate ment. This issue is going to come up tomor- need of some financial assistance in These are the conditions today and row and will be debated. There will be providing for the educational needs of these are the expectations of tomor- a cloture motion. There are two issues children with disabilities. Is this not a row. We are going to be faced with a the Senator from Massachusetts and priority? Do you perhaps think this Republican education program that the Senator from North Dakota, who priority more deserves our attention says we will answer this national chal- has joined us here on the floor, and I than a $37 tax break? lenge with a $1.6 billion tax break for care about. The first is we would like How about providing 100,000 new wealthy individuals. I call it an enti- the opportunity to be able to offer teachers to shrink the size of class- tlement. I want to hear our friends who amendments to this bill. I gather there rooms across this country? Most every- are always talking about entitlements has been some agreement on a limited one will tell you, if a teacher is teach- address that issue, because this is an number of amendments. But we think, ing 25, 30, or 35 students, those students entitlement. Once the proposal goes on something as important as edu- are not learning as well as they could. S2392 CONGRESSIONAL RECORD — SENATE March 23, 1998 Again, most everyone agrees, if you run three or four different times throughout sidize it with $37 a year when that $1.6 can make classes smaller, you can the day, creating scheduling problems and billion might go to the very issue the greatly increase the learning potential keeping students out of class for unneces- Senator from Massachusetts raised. sarily long periods of time. Mr. KENNEDY. Finally, because I see of children. Is that not a higher prior- Some problems are a lot more significant. ity than a $37 tax break to go to the ‘‘Hall rage’’ — other Senators on the floor, will any- top 70 percent of income earners in the thing in the Coverdell bill result in a I never heard of that word before; country? Or a $7 tax break if your child reduction of class size? ‘‘hall rage’’ are the words that this attends a public school? $1.6 billion Mr. DODD. I say to my colleague, ab- young student, a junior, uses— could, as I said, provide some real as- solutely nothing. sistance in construction, special edu- ‘‘Hall rage’’ as our principal calls it, is one Mr. KENNEDY. Will anything help of them. Last year, before the new schedule provide 100,000 new teachers as pro- cation, Head Start, or additional teach- was implemented, there was a huge outbreak ers. There are many other valuable of fights, many caused by frustration of posed by the President? ideas. I am not limiting it to these being knocked around in the overflowing Mr. DODD. I say to my colleague, ab- four. halls. Teachers found it much harder to solutely nothing. As I said earlier, we have come teach with the distraction of ‘‘hall rage,’’ Mr. KENNEDY. Is there anything in through an era where we often spent causing students to have difficulty focusing the Coverdell bill that will help provide money on many different ideas. We on class work with all the chaos outside. after-school programs that are so im- cannot do that any longer. We must Teachers very rarely even get to teach in the portant for the 13 million young people same classroom all day, and some move be- that the Senator from Connecticut, now be very selective when we spend tween three and four classrooms. federal tax dollars. It seems to me it The new schedule at our school has solved who is a champion for children in this would be a wiser investment of tax- some of these problems, but many still re- country, speaks about? Is there any- payer money to do something about main, and the school’s size keeps on mush- thing in the Coverdell bill that will special ed, something about school con- rooming. The ‘‘double master’’ schedule has help expand and improve those after- struction, something about classroom caused many conflicts which limit the school programs? size, and something about early child- courses available to students. Hopefully this Mr. DODD. Not one penny of the $1.6 hood education. I don’t know of anyone bill will pass— billion will go for after-school pro- in this country, regardless of their per- Talking about the President’s bill— grams. sonal ideology or political affiliation, and bring . . . long-term relief to my school Mr. KENNEDY. Is it not true that who would tell you they think those as well as many others like it. the cuts in education funding by the four ideas are less important than a $37 This is not the inner-city; this is in Budget Committee provide no increase or $7 tax break. the suburbs. School repair, moderniza- in Pell grants? Mr. KENNEDY. Will the Senator tion, and expansion problems affect Mr. DODD. I say to my colleague yield? every community—urban, rural, or from Massachusetts, he brings up an Mr. DODD. I will be glad to yield to suburban. excellent point. Not only do we have the Senator from Massachusetts. I ask the Senator from Connecticut, $1.6 billion here in tax breaks, but just Mr. KENNEDY. As you know, the will the Coverdell legislation do any- the other day the Budget Committee Budget Committee approved $30 billion thing about the kind of problems that cut $1.6 billion out of the budget for in tax breaks—$30 billion. So, on the this student is talking about; that educational programs. one hand, Republicans cut back edu- would shock any parent? Our colleague from Illinois CAROL cation funding $1.6 billion below the Mr. DODD. Madam President, I say MOSELEY-BRAUN, our colleague from President’s program, and then spend to my colleague from Massachusetts, the State of Washington PATTY MUR- $1.6 billion to create a $37 tax break for absolutely not. In fact, as the Senator RAY, Senator BOXER of California, individuals that send their children to knows, our distinguished colleague among others, all tried, as members of private school. Then they have the gall from Illinois, CAROL MOSELEY-BRAUN, that committee, to get some resources to come out here to say that Coverdell has offered legislation to try and do in order to help out in these areas. Not is the answer to the problems in edu- something that would allow for these only did they lose providing some addi- cation. Instead, the Coverdell bill is an- schools to be repaired. The estimated tional help for these areas, the Budget other Republican effort to abandon the cost of that, the estimated cost nation- Committee cut $1.6 billion across the public schools. wide from Maine to California I think board in education. I wonder, if the Senator will yield for is $22 billion. Mr. DORGAN. Will my colleague another moment, I would like to just Mr. KENNEDY. Her program costs yield? mention David Rosborough and ask my only $3.3 billion, but will allocate $22 Mr. DODD. I will yield to my col- colleague whether this is the kind of billion in interest-free bonding author- league from North Dakota. situation that is troubling the Senator. ity for States and local communities. Mr. DORGAN. I ask the Senator from Hi, my name is David Rosborough and I am Mr. DODD. What we are talking Connecticut, are we now talking about a junior at Centerville High School in Clif- about today, when we say we would the Coverdell education proposal? Is it ton, Virginia. My school is extremely over- like to take this $1.6 billion and maybe not the case that the Coverdell legisla- crowded, having well over 2600 students in a apply it to the programs I have men- tion is not now before the Senate —it school that holds 2000, and whose optimal tioned, not to suggest we will pay for was before the Senate but then was size is 1800. As a result of this, we have 32 all of it, but if you have limited re- withdrawn—because a number of Sen- makeshift trailers as classrooms this year sources, it will at least provide mean- ators, including myself, the Senator and will have a total of 40 next year. Nearly 1000 students are in these trailers at any one ingful resources to these communities. from Connecticut, the Senator from time, and we have been forced to go to a Senator COVERDELL’s legislation is a Massachusetts, and others, wanted to complicated ‘‘double master’’ schedule. This tax break that goes to individuals, and offer amendments to it dealing with new schedule which divides the school in parents who send their children to pri- the kinds of questions you are now ask- two, is a great idea, and makes it so that vate schools get the bulk of it. Remem- ing? Isn’t that the case? class changes are staggered, however also ber, 7 percent of the families in this Mr. DODD. It is true. We had hoped created many new problems. Lunch periods country send their children to private to be able to offer these amendments, begin at 10:00 a.m. and don’t end until well schools. Ten percent of the children—93 and the bill was pulled down last week. after 1:00 p.m. This bill— percent of the families send their kids We are told now it is going to come up to public schools. again tomorrow, and the reason why He was talking about the President’s Has anyone asked the families of we are here this afternoon to talk bill— children attending public schools how about it is because we believe it may be will put an end to ridiculous situations, like they feel about subsidizing the children coming back. that of my school. The tremendous size of the school has who go to private schools? With all due Mr. DORGAN. I would like to ask the caused inconveniences and problems, some respect, those parents made a choice. I Senator an additional question relating minor, like the assembly situation. Right respect that choice, but I don’t nec- to an issue I discussed last week when now, a simple music assembly will have to essarily believe that we ought to sub- the Coverdell bill was first withdrawn March 23, 1998 CONGRESSIONAL RECORD — SENATE S2393 from the floor. It is not acceptable to Education is very expensive, and the Emelie East, Lula Edwards, James H. me to have someone bring a bill to the bulk of it is paid for by local property English, Bruce Evans, Alex Flint, and Galen floor that is amendable and then tell taxes, sales taxes; in some States by a Fountain. us, ‘‘By the way, we have established a State income tax. It is expensive. We Carole Geagley, Andrew Givens, Rachelle Graves, Scott Gudes, David Gwaltney, Tom gate here, and the only people who can made a commitment here years ago Hawkins, Susan Hogan, Charlie Houy, Ginny go through the gate are the ones we de- that we would help out with special James, Kevin Johnson, Jon Kamark, Jay cide can go through the gate.’’ education; we said we would contribute Kimmitt, Lashawnda Leftwich, Paddy Link, The Coverdell IRA proposal, in my as much as 40 percent of the expenses Kevin Linsky, Mary Marshall, Sue Masica, judgment, ought to be amended by a to educate a child that has special Mazie Mattson, Anne McInerney, and Jim range of other proposals. One, for ex- needs. We have never gotten above 8 Morhard. ample, deals with reducing class size. I percent—never above 8 percent. Mary Beth Nethercutt, Joseph Norrell, Dona Pate, Tammy Perrin, Martha Scott have a daughter in the third grade. I have communities in my State of Last year, that daughter was in a pub- Poindexter, Robert W. Putnam, Dana Quam, Connecticut that spend $100,000 on a John Raffetto, Michelle Randolph, Pat Ray- lic school class with 30 students—30 in child in a small town. Now, these mond, Gary Reese, Barbara Ann Retzlaff, a class. Do I have a self-interest here as towns surely want to help these chil- Tim Reiser, Peter Rogoff, Joyce Rose, Terry a parent? Of course I do. Do we think dren with disabilities, but it seems to Sauvain, Marsha Simon, Jennifer Stiefel, kids do better when they are in a me that is a national issue, giving chil- Lisa Sutherland, Betty Lou Taylor, Scott smaller class? Of course they do. We dren an opportunity to maximize their Thomasson, Justin Weddle, Paul Weinberger, know that. The studies demonstrate potential. We promised 40 percent; we and John Young. that. have never provided more than 8. Mr. STEVENS. Madam President, on The question before us is not just What if we gave $1.6 billion to the page 18 of our committee report, it about Coverdell IRAs, but about what States across this country that are try- stated that $10 million is provided for our priorities are going to be. One hun- ing to provide the education for these the national forest system account dred years from now, all of us in the special needs children? I assure you, within the Forest Service. This does Chamber are going to be gone. people will say thank you. not accurately reflect the action taken Mr. DODD. Except STROM THURMOND. I don’t think anyone would believe in the committee markup. We added $2 Mr. DORGAN. Except Senator THUR- that a $37 tax break for children at- million for payments to States, pursu- MOND. But historians will be able to tending private schools and a $7 tax ant to section 405 of the bill. The total look back at what we did here and in the bill for the national forest sys- evaluate, by looking at how we decided break for children attending public schools is of a higher priority than al- tem should be $12 million. I ask that to spend money, what our priorities the bill be corrected accordingly. were. What did we place first? What did most any other issue you can mention when it comes to the educational needs The PRESIDING OFFICER. Without we think was important? Kids? Edu- objection, it is so ordered. cation? What kind of legislation did we of America’s children. On the close of the 20th century, when we are going to Mr. STEVENS. Madam President, the pass to advance these issues that are Senator from Georgia is here and wish- important to public education in this have to have the best prepared and the best educated generation we have ever es to have time while we are on the de- country? fense bill to respond to the Senators Finally, to those who say the public produced to compete in the global re- from Massachusetts and Connecticut. education system in this country is sources with limited, scarce resources, I announce to the Senate, as soon as somehow unworthy of keeping, I ask we provide $1.6 billion tax cut that the Senator from Arizona, Mr. MCCAIN, them, how did this country get to could be better applied to our Nation’s arrives he will present an amendment where it is? How did we get here? Is schools. I don’t think it is right, and I and that amendment will be voted on anybody going out to the airport this am hopeful the American people will be afternoon to get on a plane and leave? heard over the next 24 hours and say to at 5:30 today. It would be my hope that Have they found a better place to live? their Members, ‘‘Don’t vote for this. we also would be able to take a series I don’t think so. Don’t vote for this. Use my money of amendments prior to that time, We have had in this country a won- wisely and well.’’ amendments that we have been work- derful system of public education. We Madam President, I thank our distin- ing on with individual Senators. It also have some outstanding private guished colleague from Alaska for should take us 20 to 30 minutes to deal schools. Our obligation in this Cham- yielding us some time to be heard on with four or five amendments that will ber is to provide the support that we this issue. be accepted. can, especially with niche financing. Mr. STEVENS addressed the Chair. I ask unanimous consent the Senator We don’t provide the bulk of financing The PRESIDING OFFICER. The Sen- from Georgia be allowed a time now for elementary and secondary edu- ator from Alaska is recognized. not to exceed the time taken by the cation, but we provide important funds f Senators from Massachusetts and Con- to support a number of priorities in necticut and that time take place as SUPPLEMENTAL APPROPRIATIONS public education. That is our job. That soon as possible. FOR NATURAL DISASTERS AND is what we need to do. The PRESIDING OFFICER. Is there But we were told last week that be- OVERSEAS PEACEKEEPING EF- an objection? cause a bill is brought to the floor deal- FORTS FOR FISCAL YEAR 1998 Mr. WELLSTONE. Reserving the ing with education—a bill that essen- The Senate continued with the con- right to object, and I shall not, I won- tially provides tax breaks for those sideration of the bill. der whether or not, before the Senator who want to send their kids to private PRIVILEGE OF THE FLOOR from Arizona comes to the floor, I school—somehow we are being selfish Mr. STEVENS. Madam President, I might have 10 minutes to speak on edu- for saying let’s amend this so we invest have a list at the desk. I ask unani- cation following Senator COVERDELL, if in and strengthen public schools. It mous consent these members of the there is time. seems to me that the message from all staff of the Appropriations Committee Mr. STEVENS. Madam President, I of this is that kids are not first, edu- be admitted to the floor during the am a little reluctant. What we are get- cation is not a priority. Isn’t that how consideration of the supplemental. ting into is an equal time situation. you would view it? The PRESIDING OFFICER. Without Every time one Senator speaks the Mr. DODD. I thank my colleague objection, it is so ordered. other side wants to answer. If we can from North Dakota. I think he said it The list is as follows: find some way to add the Senator’s very well. Of course, he brings some time to what has already been used on APPROPRIATIONS COMMITTEE STAFF firsthand information to it, talking your side of the aisle on the education about his own daughter who is in the Carolyn E. Apostolou, Sid Ashworth, Liz matter and agree now how long that Blevins, Wally Burnett, Andrew R. Cavnar, third grade and the size of her class- Jennifer Chartrand, Liz Connell, Christine will be—the leader wants some time, room. It provides a wonderful example Ciccone, Robin Cleveland, John J. Conway, too. The Senator is entitled, as I under- of something we might do to help out Steve Cortese, Gregory Daines, Dick stand, to about 25 or 26 minutes al- our local school districts. D’Amato, Rebecca Davies, Mary Dewald, ready because of the statements made S2394 CONGRESSIONAL RECORD — SENATE March 23, 1998 concerning education, if we follow an higher ed. For that matter, since I decide what kind of amendments are equal time proposition. I do want the think education is preschool all the relevant and dramatically reducing the floor at no later than 10 minutes of 5 way to 85 or 90, education, period. number of amendments that are out o’clock to go into these other amend- As I travel the country, with a spe- here on the floor presupposes that ments, and even prefer to have it be- cial emphasis in Minnesota, I say to there aren’t any number of different fore that. my colleague, I can think of much bet- ways of thinking about what is really Mr. COVERDELL. Will the Senator ter uses and a higher priority for $1.6 helpful for education and the develop- yield? billion to be spent. I put the emphasis ment of children and young people in Mr. STEVENS. I yield to the Sen- not in the direction that my colleague this country. ator. from Georgia goes in, which is people I have a number of amendments that Mr. COVERDELL. I wonder, to facili- being able to put this money into IRAs. I think are important. I think the tate this so the response can be conclu- Not a whole lot of families I know have amendment on rebuilding crumbling sive, if the Senator from Minnesota $2,000 they can put into IRAs. This dis- schools is right on the mark. I think would agree to taking the next 5 or 6 proportionately benefits people who we devalue children and we devalue the minutes or so and make a statement are fairly well off. It benefits people work of adults who work with children and then we would take our 30 minutes who especially want to send their kids when we don’t make an investment in at that point and try to respond to the to private schools and who have the re- rebuilding these crumbling schools. I other side. source to do so. I would rather make an think reducing class size and more Would that facilitate the Senator all-out effort to support the public teachers in the classroom is extremely from Minnesota? school system. important. If I am going to think about Mr. STEVENS. Would that meet the I would be pleased to come back to ways of making better use of $1.6 bil- Senator’s approval? We want to get the U.S. Senate some day, the sooner lion, we ought to get back to making back to the defense bill before the the better, and maybe in a debate sure young people have the hope to go afternoon is over. change my mind and say that I would on to higher education. The HOPE Mr. WELLSTONE. Madam President, be all for applying taxpayers’ money to scholarship with tax credits that aren’t I can do it. I will need about 10 min- support for private education—and refundable doesn’t help very many fam- utes. I am pleased to do it either way. that is why I say the sooner the bet- ilies in Georgia or Minnesota with in- Since I am on the floor, I wanted to ter—but not until we have made the comes under $28,000 a year. Spend a lit- make sure I had a chance to speak. If commitment to public education, not tle time in community colleges. The the Senator from Georgia would rather until we rebuild crumbling schools education is not affordable. I have an I precede him, and he wants to respond around the country; I have been to too amendment to take that $1.6 billion to all of us, we will get a chance to get many of those schools in Minnesota, and make higher education more af- back to this. I would love to respond to and all around the country as well, and fordable for these men and women from what my colleague from Georgia has to not until we reduce class size, not until working families. say, but I am pleased to do it that way. we get more teachers and teacher as- I have an amendment, since we are Mr. STEVENS. I say to my friend, sistants into the classrooms, and not talking about children and education, the difficulty is that we started off until we have more resources for pro- that deals with the cuts we made in the with what was supposed to be 5 min- fessional development, not until we Food Stamp Program, the major safety utes for each Senator and that turned make an all-out commitment to really net program for poor children in Amer- into 26 minutes and now we are about deal with the learning gap between ica. We made a 20 percent cut in food ready to do the same thing. I do want children who do well in school and chil- stamp benefits. The vast majority of to limit the time. I hope he will agree dren who don’t do well in school, which the beneficiaries are children. The vast with me that we will proceed and the starts, I might say, with a real com- majority of beneficiaries are working Senator would take his 10 minutes now mitment and the resources to early poor families. Every single doctor and and the Senator from Georgia has 35 childhood development. I think the every single scientist and every single minutes. I will still be back here by 25 medical evidence is irreducible and ir- nutritional expert will tell you chil- minutes of 5 o’clock. refutable; if we don’t get it right for dren don’t do well in school when they The PRESIDING OFFICER. Is there these children by age 3, many of them are malnourished. They don’t do well objection to the request? Without ob- will never be able to do well in school in school when they don’t have enough jection, it is so ordered. or well in life. to eat. I think we ought to restore that The PRESIDING OFFICER. The Sen- I don’t understand what I think is a funding for the Food Stamp Program ator from Minnesota is recognized. misplaced priority that my colleagues as it applies to children in America. f on the other side of the aisle have That is a top priority education pro- about $1.6 billion that doesn’t go di- gram. SUBSTANTIVE DEBATE ON rectly to public education. And I put Now we have a majority leader who EDUCATION the emphasis, and I think the vast ma- is saying, ‘‘No, I don’t want to have de- Mr. WELLSTONE. Let me thank the jority of the people in the United bate on all these amendments.’’ What Senator from Georgia for his gracious- States of America would put the em- are my colleagues afraid of? Why would ness and let me thank my colleague phasis, on rebuilding the crumbling it be too much time to take 4 or 5 days from Alaska. schools, on reducing class size, on mak- or a week and debate this piece of leg- Madam President, I think there are ing sure that we have the best edu- islation? two different issues that we are con- cation for our teachers and, I might I have another amendment which I fronted with as we address the Cover- argue, making sure we do our very best think is terribly important and I think dell bill. One of them has to do with by way of children so that when chil- it has everything in the world to do just the substantive debate about edu- dren come to kindergarten, they come with how well kids do in school. We, cation, which I want to talk about for ready to learn. That is where we ought right now, all around the country, are a few minutes; and the other has to do to be investing our resources—not in saying to single parents—and I spoke with, I guess, the Senate process, allocating resources to support private about this last week—mainly women, which I think is equally important, as education, not in a Coverdell bill where you can’t stay in college because of the we think about the Senate and how we the benefits disproportionately go to welfare bill. You have to leave school. do our work together. those families which least need those Take a job at $6 an hour with no health On the substance, I simply say to my benefits. care benefits. You know what. If those colleague I spend about every 2 weeks The second point speaks more to the single parents —that means they have in a school somewhere in Minnesota. If majority leader than my colleague children—are able to finish their col- I could think of any one area that I feel from Georgia. I don’t have a corner on lege education, it means better earn- I have the most passion about, it is the truth and I do not want to come off ings, better opportunities for their education: education of children, pre- arrogant, but this argument that the children, more self-esteem for the par- school, young people, high school, majority leader makes about getting to ent, better educational achievement by March 23, 1998 CONGRESSIONAL RECORD — SENATE S2395 the child. I have an amendment which It is not $1.6 billion, but we say, OK, we dren in private or home school. So it is says we ought to make sure that those are not going to tax the interest build- a lot of money. single parents, those women, are able up, so we will receive $1.6 billion less The thing that is not clear to any- to finish their college education. I may here in Washington. They will keep it body right now, and for which we do or may not be able to present that in savings accounts. That will generate not have numbers—we can only imag- amendment here in this debate. over $10 billion. ine—is that one of the unique features I just want to make it crystal clear, The Senator from Minnesota has not, of the savings account is that a sponsor Madam President, on both counts I am I believe, acknowledged that this pro- can be a contributor, a grandparent, an in opposition with the majority leader posal is now a very bipartisan proposal, uncle, an aunt, a sister, a neighbor, a on this question. Madam President, $1.6 and it is far more expansive than the church, an employer, a union, a benev- billion—put it into rebuilding crum- savings account which I just described. olent association—you name it. Those bling schools, put it into smaller class The filibuster that we have been resources coming into the savings ac- size. Don’t put it into a program that fighting since last July with the Presi- count no one has estimated. My judg- benefits mainly upper income people dential veto threat includes State pre- ment is that in the second 5 years it and private schools. It is that simple. paid tuition plans. It is about the same will be equal to what the families are Second of all, let’s have a debate cost. Again, it is tax relief to families putting in because people’s imagina- about education. You cannot so they are not taxed when they come tions begin. And it is a limitless oppor- decontextualize what happens to chil- with prepaid tuition to a college. tunity for people to help youngsters dren before they go to school and what Twenty-one States now have it. And have sufficient resources for helping happens to children when they go home that was brought to us by Senator their education, whether it is the re- after being in school from how well BREAUX of Louisiana and Senator quirement to have a tutor, or a home they do in school. There are a whole GRAHAM of Florida. computer, or transportation, or after- bunch of issues—some of them are di- The Senator has not acknowledged school programs, or whatever is per- rect education issues; some of them the employer-provided educational as- ceived to be the problem associated have to do with whether the parents sistance which expands tax exemptions with the child. for employers helping their employees are doing well employment-wise; some The majority leader has come. The continue to improve their education. have to do with nutrition; some have Senator is trying to ask a question. This leaves almost $2.7 billion of tax to do with health care; some of them Let us give the majority leader his relief in these companies’ checking ac- have to do with whether or not these time. young people think they can afford counts. But, of course, it affects over 1 Mr. WELLSTONE. Madam President, higher education—that dramatically million workers who would be able to will the Senator yield for 10 seconds? affect how well children do in school. have a better education because of it, I don’t think the majority leader and 250,000 graduate students, because Mr. COVERDELL. Yes. ought to, as a priority, decide what are they would be included for the first Mr. WELLSTONE. I want to be clear. relevant amendments or what kind of time. We owe Senator MOYNIHAN of Since the Senator from Alaska sort of debate we ought to have on education. New York the gratitude for having put set the terms and was gracious enough I don’t know why my colleagues are this proposal in the package that is to let me speak, I wanted to stay on afraid of a full-fledged substantive de- being filibustered. the floor because I wanted to respond bate about education. Let’s take the There are a couple of minor provi- to the Senator’s very eloquent view- next week and let’s debate the edu- sions that I will not go into. But the point. I have not tried to debate using cation amendments up or down. other more significant one that has his time. Later on I will come back to I said to my colleague from Georgia, been brought forward is from Senator the debate. But I did not want to leave to end on a slightly different note, that GRAHAM of Florida who has devised an in the middle of the Senator’s remarks I appreciated his effort. I said that a expanded financing tool for public because I respect what he is trying to few days ago, that I think he is abso- school systems which would enable the do. I don’t understand how someone so lutely sincere in what he is doing, even construction of about 500 new schools. nice can be so wrong. But we will come though we disagree and that, most im- So you have a very broad range. You back to the debate. portant of all, I look forward to a real have savings accounts effecting 14 mil- Mr. COVERDELL. I thank the Sen- debate. I hope we will have that real lion families and 20 million children ator. debate. generating almost $10 billion of new en- Mr. LOTT addressed the Chair. I yield the floor. ergy. You have $5 billion in new re- The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The Sen- sources supporting public and private jority leader is recognized. ator from Georgia is recognized. schools; $3 billion in new school con- f struction; 1 million workers receiving Mr. LOTT. Madam President, first, I tax-free employer-provided education want to congratulate the Senator from EDUCATION SAVINGS ACT FOR assistance; 1 million students receiving Georgia for the leadership he has pro- PUBLIC AND PRIVATE SCHOOLS tax relief on State prepaid tuition vided on this issue and so many other Mr. COVERDELL. Mr. President, plans. issues, and for his persistence in com- first, I will respond to the Senator So, A, we have to look at it in a ing to the floor and engaging in the from Minnesota. I appreciate his cour- broader context—not just the savings discussion with the Senator from Min- tesy, his reflection on my passion for account. And the other is that the vast nesota and others. this legislation. I will, at least for his majority of the proposal now has been One of the things that comes to my benefit and others, put a slightly dif- proposed by the other side of the aisle. mind is: What are you afraid of? What ferent view on the analysis the Senator The Senator from Minnesota inferred is it about this that causes you great has presented. that it is for public education. This is concern? I am a product of public edu- First, the Senator talked about a not for public education. That is just cation from day one all the way cost of $1.6 billion. Now, that is a 10- not the case. The 500 new schools, pub- through college all the way through year period. Of course, it is leaving $1.6 lic schools, 1 million workers, and 1 law school. I really care about public billion in the checking accounts of 14 million students are all associated with education. I daresay a lot of our col- million American families. But what public education. Half of all the pro- leagues here in the Chamber can’t say that fails to acknowledge is that that ceeds coming out of the savings ac- that. They went to one private school modest—modest —incentive generates count, which in the first 5 years is $5 or another; one special school or an- over $10 billion of assets, not tax dol- billion, and then, as I said, $10 billion other. Not me. I went to public schools lars. These are volunteered assets of over 10 years—half of it, if you accept in Mississippi from the first grade—in American families. So it becomes one the very bare bottom analysis of the fact, even a little pre-first grade pro- of the largest single new sources of fi- Joint Tax Committee, supports stu- gram right on through law school. nancial support for all education in re- dents in public schools. That is billions When I was in elementary and in high cent times. It is a large, large number. of dollars. And half of it supports chil- school, my family didn’t have a lot of S2396 CONGRESSIONAL RECORD — SENATE March 23, 1998 income. My mother was a school- Mr. LOTT. I believe they were. And I That there be nine education amend- teacher. My dad was a shipyard work- believe they were advocated in the Fi- ments in order as listed in the previous er. They could have used an oppor- nance Committee—at least one of agreement, plus one amendment to be tunity to maybe save a little money to them, if not both of them—by the Sen- offered by the minority leader in the help with our education—my education ator from New York, Senator MOY- form of a substitute, if he so desires; needs when I was in high school, or NIHAN, because I remember in con- one additional amendment to be of- when I got ready to go to college. ference defending these programs. And fered by Senator MOSELEY-BRAUN of Il- So look at what we are talking about they were objected to at that time by linois, as was suggested by Senator here: an education savings account. the House conferees. We didn’t get DASCHLE, one that might be important Who is disadvantaged by this? them through. But they have been sup- to be included on the list; and one to be Shouldn’t we encourage parents and ported on a bipartisan basis. So I am offered by Senator BOXER. I don’t even grandparents and scholarship groups to really at a loss to understand the re- know the details of all of these amend- save for their children and their grand- sistance to these, particularly since ments, except that I think they gen- children’s needs? Maybe that is some- three of the four provisions have al- erally are in the education, or tax ben- thing that they would need in high ready been adopted by the Senate. I efits for education category; and that school, or maybe even elementary just wanted to have the Senator con- there be five education amendments to school, as has been pointed out, wheth- firm for me my memory with regard to be offered by Members on the majority er it is computers or uniforms. Some the strong vote that occurred. side of the aisle. schools are going to need uniforms or Should we have other amendments Before the minority leader responds, tutors. That is something that I think on education and tax provisions that I hope he could keep in mind once really could be very helpful. would help education? Sure. Is this again that this bill includes a number But also in this package are some going to be the end of the debate this of positions or provisions that were ad- other things that would have been year on education? Probably not. I vocated by our colleagues on the helpful to me and my family. And that would imagine that Senators are going Democratic side of the aisle—Senators is, prepaid tuition opportunities that to have a number of provisions. Hope- BREAUX, MOYNIHAN, GRAHAM, FEIN- would allow people to save a little to fully, we may even have another bill STEIN. And, as I understand it, 80 per- begin to invest for tuition costs when that would address the number of ques- cent of the cost of this bill actually their children get ready to go to a tions. I would like for us to consolidate goes into those three areas: the bond trade school, or community college, or some of the myriad of Federal pro- program, the prepaid tuition, and the college, or a university. grams that provide funds to education employer-paid higher education provi- Then also there is the very attractive into a block grant. I understand there sion. provision that would encourage em- are some 750 Federal education pro- So, having said that, I hope that the ployers to have, as a part of their grams of one sort or another, and al- minority leader would be able to agree agreement with their employees, paid most 39, I think it was, different agen- to this agreement in some form in the next few hours, and, if he has some sug- higher education provisions. Shouldn’t cies, bureaus, or departments. we encourage that? Isn’t that some- Couldn’t we consolidate some of gestion or some other idea of how we thing that would be good for employers those and send them back to the States can proceed, I am open to hearing to do for their employees? without strings and let the States de- those, also. I would be glad to yield the floor for What is it that our colleagues here cide if they want to use that money for a response of Senator DASCHLE. are afraid of on these programs? school construction or for a merit pay The PRESIDING OFFICER. The Also, on the bond program for private for star teachers? But let the people at Democratic leader is recognized. organizations to build public schools, I the local level decide how that money Mr. DASCHLE. Madam President, I have had some reservations about it. would be spent without it being di- will begin by asking the distinguished But in a State such as California, or a rected by some Washington bureaucrat majority leader whether he has unani- State like Florida, if some private saying that you have to spend it here, mous consent on his side. If we were to company wants to participate and be a or you must spend it there. agree to this, would he get unanimous part of this bond opportunity to build So I wanted today to take the floor. consent on his side for that particular public schools to help school districts, I ask my colleague, Senator DASCHLE, proposal? shouldn’t we encourage that? to encourage my Democratic col- Mr. LOTT. I believe we would. And I So I am really astounded at some of leagues to work with us on some sort of certainly would be prepared to aggres- the opposition I hear about this legisla- agreement for the consideration of the sively advocate it and pursue it. You tion. I think it would help children to Coverdell education savings account never know until you go to the individ- have options. Yes, it might allow par- bill. ual Senators and work with them and ents and children to be able to escape a On Friday, March 13, I offered an try to get their agreement to go for- violent school, or a dangerous school, agreement that would provide for a mi- ward with it. or a drug-infested school to go some- nority substitute to be debated, and I would not want to be the Senator place else. Shouldn’t there be some voted on first, prior to a cloture vote on either side of the aisle who stands in provision to try to help them do that? occurring, if one was necessary. Late the way of this major piece of edu- Remember this: Everything in this last week I offered a second agreement cation legislation. bill, except the school construction that would provide for nine education Mr. DASCHLE. Is the Senator then fees, has already been voted on and amendments to be offered by Members suggesting that he has not hot-lined it passed by the Senate. of the minority, I believe it was 5 by on his side? I address a question to the Senator the majority, for a total of 14 edu- Mr. LOTT. We have been making from Georgia. As I recall last year, the cation taxes that would benefit edu- Members aware of the agreement we Senate passed the Coverdell education cation amendments with 9 going to the were offering. savings account with a very substan- minority side. Mr. DASCHLE. Oh. tial vote. What was it? Needless to say, now both agree- Mr. LOTT. Let me put it this way. Mr. COVERDELL. Fifty-nine. ments were rejected. I understand that We will get a unanimous consent agree- Mr. LOTT. Fifty-nine Senators voted it is difficult to get some limit on ment on our side to go with this, but it for this provision in the 1st session of amendments so that we can debate the is useless to go with it if the Demo- the 105th Congress. ones that really are critical and come cratic leader does not indicate that The other provisions—I believe the to some conclusion on this issue so we this is something on which he would prepaid tuition and the employer-paid can move on to other issues. But I take like for us both to try to get approval. higher education provisions—were the floor again today to attempt to Mr. DASCHLE. The reason I asked, those both in the budget tax bill last reach an agreement on the education Madam President, is because I am year? bill prior to a second cloture vote on quite sure he cannot get unanimous Mr. COVERDELL. Yes; they were Tuesday at 5:30. The agreement would consent on his side, at least for the mo- both in the tax bill. be as follows: ment. And I am not surprised he has March 23, 1998 CONGRESSIONAL RECORD — SENATE S2397 not hot-lined it, because he realizes he come to the floor with a straight face with 100 reasons why we should file clo- cannot get unanimous consent. I know and blame us is beyond me. But I have ture, but the bottom line is, if it is 10 of at least one Republican Senator who to tell you, we are going to continue to days, we have wasted a lot of time has indicated he would object. There try to find a way to resolve this. I, in talking about talking, and we have not may be others. good faith, would like to find a way to been able to deal with one issue. So, So, having just made that part of the allow our Senators the chance to offer the Senator is right. record, let me address the issue that good amendments on good education Mr. DORGAN. If I might just inquire the distinguished majority leader has public policy. I want them to do it this further about this notion of individuals propounded once more. I see the chart, week. being held hostage. What have been and it notes that we have been on this The majority leader says we will held hostage in this process are the bill for 10 days. What I hope most peo- have more opportunities. Why do I amendments that some of us would ple will recognize is that while we have somehow fear that every time we will like to offer to legislation that comes been on it 10 days, our Republican col- have an education vehicle on the floor, before the Senate. If there is a hostage- leagues have refused to entertain one or a tax vehicle, we will be in this same taking here it is a hostage-taking of Democratic amendment in those 10 situation? ‘‘It is our bill or nothing at those of us who have ideas that we days. What they are saying is, we want all. It is our amendments or nothing at want to have debated in the Senate. you to debate this bill on our terms or all. You take this or nothing at all.’’ This, after all, is a process of debat- we are not going to debate it at all. So Madam President, that just does not ing ideas. Some have ideas on the other they bring the bill to the floor, they wash. This is the U.S. Senate, for Heav- side. Some of them may be very good. make a couple of speeches, they lament en’s sake. Go over to the House and And some of us have ideas. If those who the fact that we cannot have this cave- work under those kinds of rules if you control this Chamber say, ‘‘By the way, in on Democratic amendments, and want to constrain the debate that con- the way we are going to run this Cham- then they pull the bill and move on to sequentially. ber will be to allow our ideas to be de- something else. We have been playing So we will try to work it out. We will bated, and then our strategy will be to this charade, this game, now for 10 try to find a way to play by those limit your ideas,’’ then I want to say days: Put the bill down, give a couple rules. But I must say, it is very dis- that it doesn’t work that way. Whoever of speeches, pull the bill off, blame it concerting. Sooner or later we will stands at these desks is elected to the on the Democrats. I do not know about have a vote on school construction. Senate and can operate in this Senate anybody else, but I think that gets a There are too many schools out there under the rules of the Senate. The little tiresome. We have seen this cha- that need some help. Sooner or later rules allow a bill to be brought to the rade now in the name of education for we will have an opportunity to vote on floor of the Senate and then allow 10 days, and we may see it for a lot after-school programs, and on child every other Member, even that Member more. care, and on the things that we have to who sits in the farthest chair, with the In 1992, we had a similar situation. do to deal realistically with public pol- least seniority, to stand up and offer Democrats were in the majority; the icy affecting education. No $7 bailout his or her idea and to debate his or her Republicans insisted, in a similar situ- for those making $80,000 a year and say idea here in the U.S. Senate. That is ation, that they be allowed to offer 52 we have solved the education problem. the way the rules are in the U.S. Sen- amendments; 52. I have checked with That is not going to work. ate. What is being asked of us is to cre- all of my colleagues. I am told there I see my colleague—I will be happy to ate extraordinary rules here. That is may be somewhere between 10 and 15 yield to the Senator from North Da- where the hostage-taking comes in, amendments, give or take; I am not kota. taking hostage those who want to offer sure. We are still working on it in good Mr. DORGAN. I appreciate the Sen- ideas, those who have other ideas about faith, in response to the distinguished ator yielding for an inquiry. The regu- education in this debate. majority leader, who said, by the way, lar order here in the Senate would be We have not had that opportunity, late last Friday, we would have some to bring a piece of legislation to the not even one opportunity to offer one announcement, we would see if we floor, amendments can be offered and amendment, and that is why I object to could find a resolution for this, by debated, and then votes occur on the this notion about hostage day 10. The Tuesday. Here it is 4 o’clock on Mon- amendments. only hostage that exists here is the day and I am presented with this once It seems to me to be a bad habit to hostage of ideas that ought to be able more on the floor. No consultation. No bring to the floor a proposition and to be offered under the regular order of personal discussion. This is: Here is a then file cloture motions immediately. the Senate. proposal. Why aren’t you Democrats In this case, the most recent oppor- Mr. LOTT addressed the Chair. responding as you should? Why are you tunity to bring this bill to the floor oc- Mr. DASCHLE. Madam President, I holding this bill hostage for 10 days? It casioned two cloture motions before assume I still retain the floor? makes me wonder if they want agree- anybody had an opportunity to offer Mr. LOTT. Parliamentary inquiry, ment or whether they want to play one amendment. That does not suggest though. Is the minority leader speak- games. a search for an agreement. Isn’t it the ing under leader time? So, in 1992 our Republican colleagues case that the procedure that is sug- The PRESIDING OFFICER. The as- said they had to have 52 amendments. gested by the other side is extraor- sumption is that he is proceeding under What we are simply suggesting is that dinary? The ordinary procedure would leader time. we have some very good ideas that are be to bring the bill to the floor and Mr. DODD. Will the distinguished beyond the scope of this very limited— allow those who have amendments to leader yield? ‘‘Is that all there is?’’—Republican an- offer the amendments, and then have Mr. DASCHLE. Under my leader swer to the problems we have in edu- votes on the amendments. Isn’t that time, I will be happy to yield to the cation. And for some reason they are the regular order of the Senate? Senator from Connecticut. afraid to vote on them. They do not Mr. DASCHLE. The Senator from Mr. DODD. I thank the leader for want to vote on school construction. North Dakota is absolutely right. I yielding. I don’t believe I heard one of They do not want to vote on after- have never seen this so-called debating the amendments being potentially al- school programs. They do not want to institution so fearful of debate as I lowed to be raised as one on the early vote on child care. They do not want to have on this particular bill. It is the education issues of child care alter- vote on all of the things that we have most tepid approach to a good, healthy natives which would promote public proposed in our agenda. Why? Because debate about education that I think and private sector construction and they will have to vote against them, anyone can imagine: ‘‘File cloture be- improving the quality of early edu- and they don’t want to do that. cause we don’t want any amendments. cation. I do not believe I heard a pro- So that is what this is all about. File cloture because we don’t want to posal I had suggested on special edu- Don’t tell us we are holding this bill have to vote on these amendments. cation, which I might point out, by the hostage. The hostage takers are on File cloture because we have to move way, the distinguished Senator from that side of the aisle. How they can onto other things.’’ You can come up Mississippi cares deeply about. In fact, S2398 CONGRESSIONAL RECORD — SENATE March 23, 1998 he and I worked years ago, I would say think it is important enough to spend time he would like about trying to to the Democratic leader, on the Budg- the time on them. ‘‘We just want you work out a list. I was willing to do that et Committee on the issue. But I would to decide for us, and with us, whether Friday. I was willing to do that today. like to be able to raise that issue, I say giving $37 to people making $100,000 or I hadn’t really heard any suggestions to the Democratic leader, so the $1.6 more a year a tax break of $37 makes or movement since we last talked on billion specified in the Coverdell bill sense. That is what we want you to de- Thursday, and I thought it was impor- goes towards special education. I think cide with us.’’ We don’t think that tant to come out here and show that it is a very important issue. I hope, and ought to be the rule of the Senate. We we are willing to make movement. I inquire of the distinguished Demo- think the debate of the Senate on edu- For instance, on the school construc- cratic leader as to whether or not those cation ought to be broader than that. tion issue that you just mentioned, I two proposals would, under the present We think there ought to be a real op- believe that one of the additional agreement, be allowed to be raised? portunity to talk in detail about these amendments that I listed here, the one Mr. DASCHLE. The Senator from issues. by Senator MOSELEY-BRAUN, would Connecticut is correct. Under the pro- We are prepared to perhaps work deal with that issue. So we are not pre- posal raised by the distinguished ma- through some suggestions on how we pared to try to—we don’t want to duck jority leader, you would be denied an might limit amendments and try to that issue or other education and opportunity on the bill of offering rel- find a way with which to deal with taxes-for-education-related issues. evant legislation that might give us an those issues that are directly confront- I will tell you what we would like not opportunity to debate whether the $1.6 ing us. We are not there yet. Maybe we to do. We would first like to stay on billion ought to be spent on a $37 tax can’t. But simply to tell Democrats, and talk about education and how to bailout for those making $100,000, ‘‘No, you are going to debate this bill improve education in America. We $200,000 a year—$37 is all this legisla- on our terms or on no terms at all,’’ is would like the amendments to relate to tion provides them in tax relief—or an just not something we can accept. So improving the quality of education. opportunity to sincerely and very deep- the Senator from Massachusetts is en- What we would prefer not to do is de- ly help some people who otherwise are tirely correct. bate amendments on this bill that have having serious trouble finding ways in Mr. KENNEDY. Does the Senator, fi- to do with the sale of livestock. That is which to pay for child care in this nally, really understand what our Re- one of the amendments that I under- country today. So you would be denied publican leadership or Republican stand somebody wants to offer—to that right. friends are really afraid of? Are they amend the Internal Revenue Code to I yield to the Senator from Massa- afraid to debate these issues? Is it just exclude gain or loss for the sale of live- chusetts. a question of working out a time agree- stock from computation of capital gain Mr. KENNEDY. Madam President, I ment to discuss these matters fully and net income for the purposes of the want to just commend our leader and openly, or they afraid that their pro- earned income credit. That is some- friend for his response to the proposal. posal won’t measure up? thing I might be for, but I don’t think As I understand his position, it is that Mr. LOTT. Madam President, I would it relates to education and an edu- we would like at least an opportunity be glad to try to respond to that. cation bill. to offer and vote on amendments on Mr. KENNEDY. I was asking my You talk about let us have a good de- the important issues that have been in- leader. I would like to hear from Sen- bate about education. Do we want to troduced by the President of the ator DASCHLE first, and then perhaps get off into cows? And there are several United States such as increased sup- Senator LOTT could respond. others. Senator WELLSTONE wants to port for early childhood education, Mr. DASCHLE. I would be happy to debate welfare reform on an education smaller class size, more teachers, after- hear the majority leader’s answer. My bill, food stamps on an education bill. school programs, and education oppor- guess is, if I understand the Senator’s There will be other times where those tunity zones. Would he think it is ap- question correctly, that they don’t amendments can be offered. But I propriate, if we are dealing with an have an interest in school construc- think to agree to a reasonable list of education proposal, that at least he be tion. They don’t really have an interest education amendments or tax amend- given, or those ideas be given, an op- in some of the amendments we are try- ments related to education, to have portunity for debate and discussion ing to offer here. They would prefer not that kind of debate is fine. I think we here on the floor of the U.S. Senate? to have to vote on them, because often- can work that out if they are education Would I be correct in thinking that times these amendments are critical to related. But I don’t think getting into at least those proposals ought to be school districts back home. So I don’t all these other issues serves the pur- among the ones being advanced by our blame the majority leader for trying to poses of getting a focused debate on Republican friends, which targets pub- avoid having some of these tough education and getting this bill to a lic tax dollars to private schools rather votes. Maybe if I were in that position, conclusion so that we can go to other, than, as the President’s does, to the I would, too. even emergency, pieces of legislation. public schools? Am I right? But the fact is that they are critical Let me take, for example, the bill Mr. DASCHLE. The Senator from issues directly confronting education. Senator DODD just mentioned. He is Massachusetts is absolutely correct. We have an education bill pending. We right. I have, over the years, worked to This would be the perfect opportunity have a tax bill pending, and the last try to support the Individuals with Dis- for us, as we debate how are we going time a circumstance similar to this oc- abilities Education Act, IDEA. But I to spend $1.6 billion, whether it ought curred when we were in the majority, note that the administration flat-lined to be spent perhaps on school construc- we let the Republicans offer 52 amend- that program. They did not provide the tion. Should we spend it on child care? ments. So that is really the essence of funds we promised, did not provide for Should we spend more than $1.6 billion the question before us. Do we have a increasing funds in that area. Yet, the on matters concerning after-school good debate about issues that are di- Budget Committee this past week programs and the applications of our rectly relevant to this bill or not? So voted to add $2.5 billion over 5 years to new technology to education? Should far, the Republicans have refused us get the funding up for that program. So we have an opportunity to say what is that debate. According to that chart, you can be assured, as the year goes the proper Federal role, given our cir- we are now in day 10. forward, that we are going to have a cumstances right now, given the con- I yield the floor. debate about how much more money is straints we are working under in the Mr. LOTT addressed the Chair. needed for IDEA. budget? The PRESIDING OFFICER. The ma- But what we don’t think we should For whatever reason, our Republican jority leader is recognized. have is what the Senator from Con- colleagues are saying, ‘‘I’m sorry we Mr. LOTT. Madam President, first of necticut is proposing, which is to turn don’t want you to offer those amend- all, I want to respond to several ques- that program into another entitlement ments. We don’t want to have to vote tions that have been asked and com- program—mandated appropriations, on them. We don’t want to spend the ments that have been made. I would be which would be an entitlement pro- time on them.’’ Apparently they don’t glad to talk to the minority leader any gram. We need to face up to the fact March 23, 1998 CONGRESSIONAL RECORD — SENATE S2399 that this is an important education Mr. DODD. Shouldn’t I be allowed, as needs to do, amendments he needs to program that, quite frankly, is having an equal here, to offer an idea that work on between now and 5:30. I believe real difficulties now because we have says—— we have an amendment to be offered not provided the funding we said we Mr. LOTT. Madam President, if I around 5 with a vote to occur at 5:30. I were going to give. What it really has could reclaim my time? see that Senator DASCHLE may want to to do with is, we should not make it The PRESIDING OFFICER. The ma- respond more. I will run down two or mandatory or an entitlement; we jority leader has the floor. three points, and perhaps we can wrap should live up to what we said we were Mr. LOTT. First, it was 14 amend- this up. going to do. ments, and 16 amendments, and then it As far as a move to try to block Mr. DODD. Will the Senator yield? was 16 amendments and a substitute. amendments, I remind the body that Mr. LOTT. Yes, I will, since I was re- Where does it end? Quite frankly, if it when this bill was called up, the mo- sponding to his particular question was directly related to education and a tion to proceed was filibustered, ob- about that amendment. tax provision, I would be inclined to jected to—not even to get to the sub- Mr. DODD. I thank my colleague. I say, yes, let us debate and vote. I don’t stance or get to amendments, just the was proposing something that Senator think we ought to vote on cows and motion to proceed was filibustered. We LOTT and I talked about years ago, welfare reform. Where will it end? I had to have a cloture vote on even pro- which was the Federal commitment to don’t really think that you want us to ceeding to the point where we might special education, where we made a be able to get a process that gets us get to the substance. No amendments. promise long ago to our communities some amendments and votes and gets I have suggested here 16 amendments, I across this country that we would have to a conclusion. believe it is, plus a substitute. If we the Federal level of participation for I yield to the Senator from Georgia. need to give or take some, I am willing special education around 40 percent. Mr. COVERDELL. I thank the major- to work on that. Now, as far as whose We are nowhere near that presently. ity leader. I think a better question is, willing to go along with this agree- We are still quite short of that 40 per- where did it begin? Let us remember ment, I remind my colleagues on the cent commitment. I raise the question that this is the fourth filibuster. This Democratic side of the aisle that 55 of that if we have $1.6 billion would it be all comes from a proposal that was our Senators, every one of them, voted better allocated to help out families passed by the Senate with 59 votes— for cloture last week. And as far as reg- and communities with escalating spe- overwhelmingly—and the President of ular procedure around here, regular cial education costs? the United States told us he would veto Mr. LOTT. How about helping out procedure is that after you have talked the entire Nation’s tax relief if that for a while, cloture motions are quite families by letting them make the line stayed in the bill. So that is where choice on how to use that money at the often filed. I have watched Senator we began—the Senate adopting a pro- Mitchell and Senator Dole and Senator local level? posal, the House adopting a proposal, Mr. DODD. That is $37 is for private BYRD file cloture after cloture. I note and the administration saying, no way, schools. You do not receive special edu- to my colleagues that I have had to file no deal, no how. It all goes down. So we cation in private schools. It is a public clotures 43 times in the 105th Congress, brought it back as a freestanding pro- school commitment I am referring to. I and we have had to actually vote 31 posal. That was filibustered. Then we was in Connecticut recently and I times. Tomorrow, if we don’t get this tried to move to the bill in this sitting spoke with a group of mayors, and they worked out, it will be 32 times to stop were very interested in ISTEA. I thank of the Congress, and that was filibus- the talk and get to the substance. Also, the majority leader for the way he tered. And we have now had a cloture you need to remember that postcloture moved on the transportation bill. But vote to bring it to an end. We have had doesn’t mean you can’t have amend- every mayor I talked to said, ‘‘Senator, three separate suggestions to try to ments. They have to be germane we need help on special education.’’ keep it within the realm of germane- amendments. There would still be Mr. LOTT. I say to the Senator, we ness. amendments. I think there were maybe should do that—I wish the administra- But I think one thing that has not 14, 15, or 16 amendments filed that tion had done it—and we will have an been really talked about here today is would have probably cleared the opportunity to add funds to that when that, yes, there is a concern that this is postcloture vote. we vote on the budget resolution next just another filibuster. There is no end So, who is being cut off here? I think week. to it. If you look at the empirical evi- the average American sitting out there Mr. DODD. But this is an education dence, everything we have seen is de- listening to this is saying, ‘‘I don’t un- proposal. I would like to be able to signed not to modify, but to kill or to derstand. You mean you are going to offer this amendment. I would like to ‘‘poison pill’’ this thing. You all have have 14 amendments on an education be able to offer communities money used that term very frequently, ‘‘poi- bill and you don’t think that is that can go to defray special education son pill.’’ We are concerned about that. enough?’’ costs more than a $7 tax break. That is Now, I don’t want to get into debate What is reasonable? I have tried to an alternative, a choice, I say to the now. We have both leaders here. be. I will continue to be. If the Senator leader. I should be allowed to offer that I will come to the point of my good from South Dakota has some specific choice. It is an education matter. friend, Senator DODD, on the $7 and the recommendation of how we can get to Shouldn’t I be allowed to offer this like. You don’t acknowledge the prin- an agreement and not have to go amendment to our colleagues? ciple that it has gathered up to support through another cloture vote, I would Mr. LOTT. In answer to that, as a public and private education when you certainly be more than glad to enter- matter of fact, from the beginning, we try to describe it as the amount of tax tain that. have suggested to the minority leader relief. What that means is that a per- I yield the floor. that he could offer a substitute, which son has, on the private side, saved over Mr. DASCHLE addressed the Chair. could include that and a number of $1,000, which is a 50 percent increase in The PRESIDING OFFICER. The mi- other very attractive things. We think, the average family savings. On the $7 nority leader is recognized. though, the emphasis should be on giv- side, it is a $200 account. It ultimately Mr. DASCHLE. Madam President, let ing parents and grandparents more op- means that over $2.5 billion in 5 years— me respond to a few of the points made portunities to save for their children $5 billion-plus—is going to public sup- by our colleagues in the last few min- and decide how their own money would port and private support within 10 utes. be spent. Let me yield to the Senator years. First, with regard to the motion to from Georgia—— But we will have time to come back proceed, the majority leader wasn’t Mr. DODD. Well, I respect the pros- to that. I want to honor our two lead- forced to file that motion. We could pect of offering that idea. But is that ers here by trying to iron out how we have gone on a motion to proceed. We idea any more meritorious than my might proceed. could have gotten onto the bill. The idea? Mr. LOTT. Madam President, I see problem, as the majority leader, I Mr. LOTT. It is very interesting the chairman of the Appropriations think, would note, is that there is a here—— Committee here. He has some work he great deal of concern on this side about S2400 CONGRESSIONAL RECORD — SENATE March 23, 1998 his inaction on judges. We have done 10 But our Republican colleagues were But, so the record will be clear, the judges so far this year. There are ap- not coming to the floor then saying, number of Clinton appointments to the proximately 40 judges still pending in this is just an enterprise zone, so we Federal judiciary as of that date is 252. the U.S. Senate. Six are on the cal- don’t think we ought to be able to offer The total number of Clinton nominees endar. He knows very well that that nonenterprise zone amendments; we confirmed by the 105th Congress—that was a vote on judges. It was a vote de- want to offer amendments on tractors; is last year and the first 3 months of sired by several of our colleagues on we want to offer amendments on dental this year—48, 9 for the court of appeals, my side of the aisle to express how schools; we even have a great scholar- 37 for district courts, 2 for the USIT; 36 frustrated they are that we are not get- ship amendment we think the Demo- in the first session and 12 in the second ting the cooperation that we were crats ought to vote for. session. promised about Federal judges, about What a difference some time makes. There are currently 81 vacancies in moving through these judges. We get It is now 1998. We have a tax bill on the this very large Federal judiciary, and one, we get another, we get a third floor. Our Republican colleagues are of that 81, 41 of them have not had maybe now and then—just enough to saying, ‘‘No, we don’t want you to offer nominees. It is pretty hard for us to keep everybody mollified. But the fact 52 amendments.’’ Last week it was a consider nominees if we do not have is, you have 40 judges that still have to half a dozen, then it was 9, now the them even presented to the Congress. be acted upon, most of which haven’t leader is saying 15—but not 52 and not I have been hearing this now for even come out of committee yet. on anything but education; you have to months about, ‘‘Oh, why don’t you He makes mention of the fact that he stick to education, by golly. move more?’’ Maybe the administra- was ‘‘forced’’ to file cloture. He hasn’t This is an entitlement program. Let tion ought to consider moving a little been forced to file cloture this year. He nobody misunderstand, this is an enti- faster. They can’t send them up here has chosen to file cloture, but he hasn’t tlement program we are talking about. and immediately start complaining been forced to file cloture. No leader is If we pass this, we pass a new entitle- that they are not considered in the forced to file cloture. He has filed clo- ment program. We pass a tax bill. So next week or even the next month. But ture to prevent Democrats from offer- when you manage the Senate floor, you half of the vacancies do not have a ing amendments. So I suppose from have to come to the realization that that perspective, in order to preclude nominee pending. Plus, there are only when you pass something with the con- six pending on the calendar, and we us from offering amendments, he is sequences of a new entitlement and a forced to do so, but he isn’t forced, as will probably consider a couple of those new tax program, there may be a few this week. So there will only be four leader, to prevent the Senate from hav- amendments and they may not be just ing a good debate about these issues. pending on the Senate Executive Cal- on the topic to which the bill is sup- I defy my Republican colleagues to endar for judicial positions. posed to be directed. find a time when we were in the major- Then let me make one other point. So, Madam President, we can talk ity that we filed cloture to prevent an Should we take our time and look at about cattle and welfare and education amendment. Now, we had amendments; these people who are nominated to be and all of these issues. The bottom line amendments were offered; but we never Federal judges for life and hold sway filed cloture to prevent an amendment, is, are we ever going to get to a point over us in ways that exceed the imagi- and I defy my colleagues to find a time. where we can move off this impasse? I nation—and certainly I don’t approve I would like to go to the point raised again make the offer to make my best of—right down to trying to run our by the majority leader about how im- effort to do so. We will continue to try schools at the local level? proper it is to offer amendments to a to do so. But I hope nobody here is Should we take our time, look at tax bill that are not directly related to swayed by these arguments that we them carefully when they are received education. Again, I go back to this can’t come on to the Senate floor with in the committee, have hearings on time in 1992 when our Republican col- a tax bill and not talk about taxes and them, ask them a lot of questions, then leagues demanded they be able to offer not talk about entitlements, and if we send them to the floor and have them 52 amendments. This particular bill, are going to talk about farms, maybe checked once again? this Enterprise Zone Tax Incentives we ought to remember that once, not Yes; and I will give you exhibit A of Act, was a tax vehicle very similar to long ago, we talked about tractors and why we need to do that. the tax vehicle we have here on the that was OK. Just look at the one that was with- I hope we can resolve this, but it is education bill. This is an enterprise drawn last week—Frederica Massiah- going to take some give on both sides, zone tax act. Jackson, a nominee for the Eastern and we both have to realize that to Our colleague from Florida, Senator District of Pennsylvania, who used pro- move forward, it is going to require MACK, whom I admire immensely, de- fanity from the bench, had identified some cooperation here; we are not manded the opportunity to offer an undercover policemen so that they going to get it just the way we want it. amendment on, what? On tractors. could be recognized by the criminal We may not be able to offer 52 amend- That is right. Our colleague from Flor- element, a whole raft of things that ments, but we have some darn good ida asked to be able to be recognized so came out, and, by the way, much of it amendments that ought to be consid- that he could offer an amendment on after she was nominated, after she was ered here, and we are going to do all tractors on an enterprise zone act. reported by the Judiciary Committee And then my colleague, the distin- that we can to ensure that our rights and had been pending in the Senate for guished majority leader, even though are protected. months. this was an Enterprise Zone Tax Incen- I yield the floor. tive Act, said, ‘‘You know, I know it is Mr. LOTT addressed the Chair. Finally, the local district attorney— just on enterprise zones, but I want to The PRESIDING OFFICER. The Sen- I might say, a Democrat—and the talk about scholarships; I want to have ate majority leader. Pennsylvania District Attorneys Asso- ciation came out in opposition to this an amendment on scholarships.’’ And f guess what? That is on the list, too. nomination, and, after it had been re- And then our colleague from Wash- JUDICIAL NOMINATIONS ported by the Judiciary Committee, ington, Senator GORTON, said, ‘‘You Mr. LOTT. Madam President, I know held on the floors for weeks and know what, I know it is just a little old we are faced with a time problem, but months, the administration, realizing tax bill dealing with enterprise zones, since a separate extraneous issue was she was going to be defeated, withdrew but I have an amendment on dental raised, I must respond to this question her nomination. Should we take our schools, and I want to offer that.’’ And of judicial nominations. time on these Federal judges? Yes. Do guess what happened? The U.S. Senate First of all, when I go to my State or I have any apologies? Only one: I prob- had a debate, we agreed to debate all around the country, the last thing I ably moved too many already. the amendments to be offered, we had a hear people clamoring for is more life- I yield the floor. debate on them, we offered our amend- time-tenured Federal judges. There is Mr. STEVENS addressed the Chair. ments, we had our day, we finished the no clamor out there in the real world The PRESIDING OFFICER. The Sen- bill, and it went on. for more Federal judges. ator from Alaska. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2401 SUPPLEMENTAL APPROPRIATIONS cost of the emergency supplemental in such action during the fiscal year 1999 FOR NATURAL DISASTERS AND any way. Defense Appropriations process. In ad- OVERSEAS PEACEKEEPING EF- What it does is it freezes in place the dition, the bill language requires the FORTS FOR FISCAL YEAR 1998 current posture of civilian personnel Department of the Army to offer such The Senate continued with the con- authorizations at all Army Test VERA and VSIP benefits as are cur- sideration of the bill. Ranges, including White Sands Missile rently being offered should such bene- Mr. STEVENS. Madam President, I Range until such time as the Congress, fits be necessary at a future date. might state for the RECORD, it sort of and this Committee, has an oppor- The PRESIDING OFFICER. If there proves my point. I yielded time on the tunity to consider the merits of the is no objection, the amendment is appropriations bill for 5 minutes, and President’s fiscal year 1999 budget as it agreed to. here we are 2 hours later. I do hope relates to this installation. The amendment (No. 2067) was agreed that Members will understand if we are It is a very simple, straight forward to. not very cooperative any further on amendment, and it is necessary for me Mr. STEVENS. I move to reconsider this bill. Further, however, I might say to proceed in this way at this time be- the vote by which the amendment was to the Senator from Georgia, who was cause the Department of the Army has agreed to, and I move to lay that mo- yielded specific time so he could have chosen to circumvent the congressional tion on the table. time comparable to that used by the oversight process. Let me tell you how: The motion to lay on the table was Senators from Massachusetts and Con- Because of budgetary constraints, agreed to. necticut—and I understand he only had the Department of the Army made a Mr. STEVENS. Madam President, the 5 minutes of that 25, 26 minutes—he is distributional decision that would re- Senator from Georgia is still here, and not included in the prohibition against duce White Sands Missile Range’s we are waiting for the beginning of the having some time on this bill when I WSMR’s, overall RDT&E budget by ap- time on the McCain amendment. I manage it, as far as I am concerned. proximately $17 million in fiscal year yield him 5 minutes at this time. Madam President, I have a series of 1999. As a result, WSMR was asked to The PRESIDING OFFICER. The Sen- amendments. I would like to proceed plan for a reduction of as many as 550 ator from Georgia is recognized. with them. full-time civilian positions. Mr. COVERDELL. Madam President, I do have one of them that is cleared Subsequently, in late December 1997, I thank the Senator from Alaska. already. It is an amendment to the the Army agreed to provide approxi- f mately $11 million to WSMR for the pending supplemental appropriations EDUCATION SAVINGS ACT FOR purpose of offering Voluntary Early bill. PUBLIC AND PRIVATE SCHOOLS AMENDMENT NO. 2067 Retirement Authority, VERA, and Vol- (Purpose: To prohibit the Department of the untary Separation Incentive Pay, Mr. COVERDELL. Madam President, Army from moving forward with civilian VSIP, benefits. This ameliorated some earlier this afternoon, the Senator personnel reductions and the offer of Vol- of the civilian personnel reductions from Massachusetts and the Senator untary Separations Incentive Pay (VSIP) that are scheduled to take place in fis- from Connecticut were debating their and Voluntary Early Retirement Author- cal year 1999. With the VERA and VSIP opposition to the education savings ac- ity (VERA) benefits at all Army Test benefits, the Army’s plan for WSMR is count that we have been struggling Ranges until such time as the Congress has to reduce approximately 350 civilian with since last July. The essence of the opportunity to consider the merits of their argument is that it does not such actions during the Fiscal Year 1999 personnel. Appropriations process; and to require that I do not believe it is prudent for the amount to much, that there would only the VERA and VSIP benefits being cur- Army to be reducing civilian personnel be $37 of interest saved on a family rently offered will continue to be available authorizations at WSMR until such that had a child in private school and if necessary) time as the Congress has an oppor- only $7 if the family had a child in pub- Mr. STEVENS. I send the amend- tunity to consider the merits of such lic school. ment to the desk on behalf of the two actions during the fiscal year 1999 de- You cannot have it both ways. If it is Senators from New Mexico, Senators fense appropriations process. Unfortu- so insignificant, why have we spent the DOMENICI and BINGAMAN, and ask for its nately, the Army has directed WSMR better part of a year filibustering it? immediate consideration. to open the window of opportunity for Why would the President say, ‘‘I will The PRESIDING OFFICER. The retirement benefits from now until veto the entire tax relief package if clerk will report the amendment. March 31, 1998. that provision is in there’’? Something The bill clerk read as follows: This action effectively precludes the about that argument does not fit. The Senator from Alaska [Mr. STEVENS], Congress from exercising any oversight The other thing I will say about for Mr. DOMENICI, for himself, and Mr. BINGA- responsibility of the Department of De- those arguments is that they talk MAN, proposes an amendment numbered 2067. fense decisions in this regard. Once ci- about the tax—that figure is a tax that Mr. STEVENS. Madam President, I vilian personnel at WSMR elect to take wouldn’t have been paid by that fam- ask unanimous consent that the read- the benefits, those civilian personnel ily—but they forget to mention the ing of the amendment be dispensed positions are essentially eliminated. amount of principal that is in the ac- with. In addition, if the Army does not find count earning interest which is for- The PRESIDING OFFICER. Without enough personnel who are willing to given. In the case of $37, that means objection, it is so ordered. take the benefits, a Reduction In that family has saved over $1,000 in The amendment is as follows: Force, RIF, will have to occur and its order to earn the $37 tax relief. What it On page 15, after line 21, insert: timing will be such that the Congress says to me is how little incentive it SEC. . Notwithstanding any other provi- sion of law, the Department of the Army is will have little or no ability to address takes to make Americans go out and hereby prohibited from moving forward with these issues. save. civilian personnel reductions at all Army Finally, what should cause great con- Madam President, $1,000 is 50 percent Test Ranges resulting from proposed reduc- cern to every member who is interested greater than the average savings of tions in their fiscal year 1999 budget, until in Congressional oversight, the Army American families. The average Amer- such time as the Congress has the oppor- is using fiscal year 1998 funds to imple- ican family today saves $1,900. That is tunity to consider the merits of such action ment reductions that are planned to their savings. And by this modest for- during the fiscal year 1999 defense appropria- occur in fiscal year 1999. This cir- giveness, we take it up to $3,000. So we tions process. Where civilian personnel are are using a very modest amount of tax concerned, the Army is required to offer such cumvents the Congressional oversight Voluntary Separation Incentive Pay (VSIP) process. relief to cause Americans to save bil- and Voluntary Early Retirement Authority Again, my amendment prohibits the lions of dollars. This tax relief proposal benefits as are currently being offered, Department of the Army from continu- would generate in the first 5 years $5 should such benefits be necessary at a future ing to move forward with any civilian billion worth of savings and over a 10- date. personnel reductions at WSMR until year period over $10 billion worth of Mr. DOMENICI. Madam President, such time as the Congress has the op- savings to aid and support students in my amendment does not increase the portunity to consider the merits of public and private education. S2402 CONGRESSIONAL RECORD — SENATE March 23, 1998 The third point I will make is this: expanded and will lead to 500 new point out that there are provisions of The other side and the White House schools across the Nation. this bill which I find wasteful and un- celebrated extensively the passage of a The Senator from Arizona has ar- necessary and should not be included in $500 education savings account, one- rived. The chairman of the Appropria- any appropriations bill, much less one fourth the size of this savings account, tions Committee needs to proceed with which is a defense and disaster supple- and that was, as I said, celebrated on his business. I thank him for his cor- mental appropriations. the White House lawn: ‘‘This is a great dial assistance here, and I yield the This amendment that I have at the idea.’’ Well, if $500 worth of the ability floor. desk would eliminate $78 million for to save is such a great idea, how come Mr. STEVENS. I am sure the Senator unrelated wasteful and unnecessary if we expand it up to $2,000 it is sud- still has some time coming on his 26 spending that was added in committee. denly an insignificant idea? That be- minutes, and we certainly will account I want to clarify that the amendment comes a little hard to follow, too. for that before this bill is over. would not strike the $50 million added You know, again, I go back, Madam Mr. COVERDELL. Very good. for disaster relief for Georgia. These President. The President of the United Mr. STEVENS. I yield the floor to funds were added to the bill well before States said, ‘‘I will veto the entire tax the Senator from Arizona. the disastrous tornadoes struck last relief to every American citizen in the The PRESIDING OFFICER (Mr. Friday in Georgia and North Carolina United States if that savings account SMITH of Oregon). The Senator from and Tennessee. And I believe that in for American families stays in the tax Arizona is recognized. light of the clear need for relief of relief bill.’’ So we had to take it out. f those hit by the devastating tornadoes We are not going to have every Amer- last week, these funds should remain in SUPPLEMENTAL APPROPRIATIONS ican family denied tax relief over this the bill. I trust that the conferees will FOR NATURAL DISASTERS AND idea. We think it is a good idea, but we ensure that these added funds are OVERSEAS PEACEKEEPING EF- were not going to do that. So we shared among those who suffered losses FORTS FOR FISCAL YEAR 1998 brought it back as freestanding legisla- of family, friends, and property in all tion and, as we have said here this The Senate continued with the con- three affected States. afternoon, have been filibustered every sideration of the bill. Now, let us turn to the items that step of the way. AMENDMENT NO. 2063 would be eliminated by this amend- The other point I would like to make (Purpose: To eliminate unrelated, wasteful, ment: to my colleague from Massachusetts and unnecessary spending items from the $4.48 million in unrequested emer- and my colleague from Connecticut, bill) gency funds for maple producers, to re- who has left the floor, is that this pro- Mr. MCCAIN. Mr. President, I send place taps and tubing damaged by ice posal is now a much larger proposal. amendment No. 2063 to the desk and storms in the Northeast; And the proposal represents the input ask for its immediate consideration. $33 million in emergency funds for of Senator BREAUX of Louisiana, Sen- The PRESIDING OFFICER. The unrequested levee and waterway re- ator GRAHAM of Florida, and Senator clerk will report. pairs in Alabama and Mississippi; MOYNIHAN of New York. In other words, The bill clerk read as follows: $4 million in unrequested funds for we have made this a very broad-based, The Senator from Arizona [Mr. MCCAIN], development and demonstration of di- broad policy, with representatives from for himself, Mr. FEINGOLD, and Mr. GRAMS, electric wall accelerator technology for both sides of the aisle. This is no proposes amendment numbered 2063. remote explosive detonation, radiogra- longer a Republican proposal; this is a Mr. MCCAIN. Mr. President, I ask phy, and fusion applications. Senate proposal. The chief cosponsor of unanimous consent that reading of the I want to repeat that one, Mr. Presi- this legislation is Senator TORRICELLI amendment be dispensed with. dent. of New Jersey. He sits over there—prin- The PRESIDING OFFICER. Without $4 million in unrequested funds for cipal cosponsor. objection, it is so ordered. development and demonstration of di- By listening to this thrashing back The amendment is as follows: electric wall accelerator technology for and forth this afternoon, you would On page 16, strike beginning with line 6 remote explosive detonation, radiogra- think this were a gold-gilded Repub- through page 18, line 5. phy, and fusion applications; lican, highly partisan proposition. The On page 19, strike beginning with line 2 Language providing a special exemp- proposal on the floor—if we can ever through line 12. tion from the law to allow the Sec- get to it—the amount of tax relief we On page 19, strike beginning with line 24 retary of Energy to pay $80,000 in re- represented, 80 percent of it comes through page 20, line 2. training costs for workers at the On page 26, strike beginning with line 7 from the Democrats’ ideas. They are Pinellas Plant site; through line 11. $2 million and language that requires good ideas. State prepaid tuition plans; On page 35, strike beginning with line 10 they are not going to tax students through page 38, line 18. payments to counties to replace funds when they get the money to go to col- On page 40, strike beginning with line 1 counties expected to receive from tim- lege; or expanding employer-provided through line 25. ber road construction projects which educational assistance. On page 43, strike beginning with line 8 will be canceled due to the proposed I yield for just a moment. I say to through line 13. moratorium on such projects; the Senator from Alaska, if he wants On page 4, strike beginning with line 13 $7.5 million as the first increment of to call back his time, I will be glad to through 10 page 5, line 3. a $26.5 million project to repair and re- facilitate his needs. Mr. MCCAIN. Mr. President, I want habilitate the Capitol Dome, and $20 Mr. STEVENS. Madam President, the to begin by expressing my appreciation million for security upgrades around Senator from Georgia is very kind. But to the chairman of the Appropriations the Capitol complex; I prefer to let him continue until the Committee, my dear friend and a per- $6.9 million for transportation plan- time comes to lay down the next son who is responsible for the timely ning and research and an investment amendment. It should be before his and important provision of this bill to analysis in the area of transit planning time expires, I assure him. the Senate. It is in the nature of the and research. Mr. COVERDELL. I thank the Sen- defense and disaster supplemental ap- None of these items, Mr. President, is ator from Alaska. propriations bill. related to military operations in Bos- Expanded employer-provided edu- There are some very vital needs that nia and the Persian Gulf. None of these cational assistance. That is a tax relief have to be met in this bill for the good items were requested as emergency dis- to employers who help their employees of the American people and for our de- aster relief requirements, and most expand their education. And the Joint fense. And, as always, I am very appre- bear no relation to disaster relief at Tax Committee says 1 million Amer- ciative of the outstanding leadership all. The bottom line is that none of ican workers will benefit from that. exercised by the chairman of the com- them belongs in this emergency appro- Senator GRAHAM from Florida has a mittee. priations bill. school construction provision which As I have done for many years, Mr. Let me briefly just talk about a few makes financing to build public schools President, however, I would like to of the add-ons in greater detail. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2403 First, I do recognize that the ice And, by the way, I do not blame There is a sufficient second. storms in the Northeast have had a them. I do not blame them for trying The yeas and nays were ordered. devastating effect on the maple syrup it. I blame them somewhat for getting Mr. MCCAIN. Mr. President, I yield and sugar industry. But I question away with it. So we have already spent the floor. whether the urgency of ensuring the numbers of millions of dollars. Mr. FEINGOLD. Mr. President, I am future of maple sugar production war- Remember, this is 2002. We still have pleased to join with my friend from Ar- rants an earmark of almost $4.5 million some time to go. We have already spent izona, Mr. MCCAIN, in offering this as an emergency expenditure. It would many millions of dollars already for amendment to strike a number of ex- seem maple producers would have ac- the Olympics in Utah. And I can guar- traneous provisions from the emer- cess to the same types of financial as- antee you one thing: There will be tens gency supplemental appropriations sistance made available to other busi- of millions of dollars or more before bill. nesses and individuals as a result of the the torch is lit. I guarantee you that. These provisions are only the most disastrous storms in Vermont. Finally, I would like to ask the man- recent example of the abuse of our For example, why should workers at agers of the bill if they could explain emergency appropriations process. the Department of Energy’s Pinellas one of the add-ons in this bill. What is In general, the rules require that new spending, whether through direct Plant in Florida be retrained at the dielectric wall accelerator technology spending, tax expenditures, or discre- Government’s expense? What about all for remote explosive detonation, radi- tionary programs, be offset with spend- those other Government employees ography, and fusion applications? And who are displaced because of ing cuts or revenue increases. why is it essential that $4 million be However, the rules provide for excep- downsizing? And are not there already included in this bill for this program? enough worker retraining programs at tions in the event of true emergencies. Mr. President, this amendment tar- The deliberate review through the both the Federal and State levels that gets only those items that will cost these employees could utilize? federal budget process, weighing one taxpayers dollars, but there are several priority against another, may not per- I find it somewhat disturbing that we other provisions that do not appear to are providing $2 million in additional mit a timely response to an inter- have a direct cost to the taxpayer, at funding for the Secretary of Transpor- national crisis, a natural disaster, or least not yet. some other emergency. tation to conduct a study of the Am- For example, the bill contains a sec- trak system. Mr. President, at the end We do not ask that earthquake vic- tion that requires the Federal Govern- tims find a funding source before we of the last session we went through a ment to construct the Trappers Loop rather long and involved debate and send them aid, though that should not, connector road in support of, guess discussion about restructuring Am- even in dire circumstances, be read to what. The 2002 Winter Olympics. The trak. We bailed them out to the tune of imply we must not find ways to pay for funding has already been provided for over $3 billion, if I remember correctly. emergencies, rather than simply add this project, but apparently it has run And we have appointed a new board to their costs to the deficit. into some difficulties. try to restructure and save Amtrak. But, Mr. President, the emergency The report language acknowledges And now, as an emergency, we are exception to our budget rules, designed the potential for cost growth in the pumping in $2 million extra. I don’t get to expedite a response to an urgent project, an ominous sign that more it. need, has become a loophole, abused by The Secretary of Transportation also taxpayer dollars will be required to those trying to circumvent the scru- gets $3 million to study transit system complete this nondiscretionary road tiny of the budget process, in particu- requirements in Hawaii. The Secretary project. Remember this one, Mr. Presi- lar, by adding non-emergency matters of Transportation gets $3 million to dent: Trappers Loop connector road. to emergency legislation that is receiv- study transit system requirements in You will hear again about that. And we ing special, accelerated consideration. Hawaii. Mr. President, I don’t go to Ha- will pay several more millions of dol- One former Member of the other waii a lot, but I have to admit, I have lars so that the Trappers Loop connec- body, who was especially skilled at ad- heard no reports here on the mainland tor road in support of the 2002 Winter vancing spending items, was quoted as of some emergency that requires $3 Olympics will be paid for. saying, ‘‘I never saw a disaster that million to study the transit system. The bill contains a provision that di- wasn’t an opportunity.’’ The people were getting back and forth rects the Secretary of the Interior to That, in a nutshell, is still the unfor- to Waikiki easily the last time I enter into negotiations with the City tunate attitude of a few. checked. of Albuquerque, NM, for storm water Mr. President, there is a long history Of course, the Olympics have to get runoff and drainage management in the of adding non-emergency special inter- their share of the pork. This bill con- Petroglyph National Monument. What est items to emergency supplemental tains another $1.9 million for transpor- concerns me is the potential of future measures. tation requirements for the 2002 Winter costs to the road project that is facili- Just last year, a number of items Olympics in Utah. I have lost track of tated by the directed boundary adjust- were included in the disaster relief bill just how much money we have thrown ment in the bill, the usual report lan- that had absolutely nothing to do with at the Olympics over the years, and I guage exhortations to various agencies the need for emergency relief: an addi- have asked my friend, the junior Sen- to address myriad problems, but for tional $35 million available for new ator from Utah, to tell me just how which the solution is not, surprisingly, grants under the Advanced Technology much he thinks his State will need to spending taxpayer dollars. Like an- Program; a $5 million earmark for host these games. I have yet to receive other $250,000 to complete damage re- study of water allocation issues in Ala- an answer from him. pair in North Dakota, which was fund- bama, Florida, and Georgia; $15 million You know, Mr. President, the latest ed at $600,000 as an add-on in the 1997 for research on environmental factors scam that goes on in America is the emergency disaster supplemental ap- affecting breast cancer; $650,000 for the following: A city wants to have the propriations bill; adequate funds to re- National Commission on the Cost of Olympics, so they get together all their pair and restock the Beckley, WV, Higher Education; $16 million for con- civic boosters and supporters and com- Military Entrance Processing Station tinued development of Automated Tar- mitments for financial support, and that was damaged. geting System for the Customs Service; they go and they bid, and they receive Mr. President, I hope that we can a $12.3 million set-aside for construc- the Olympics, and everybody is happy. pass this amendment. And I hope we tion of a parking garage at a VA medi- And they are so proud because they did will appreciate that when it comes cal center in Cleveland; and, a $500,000 it themselves. And then, guess what. time to take care of emergency supple- earmark for a parking garage in Ash- The first place they turn—and they mental appropriations bills, we will land, Kentucky. perfected this to a fine art in Atlanta— take care of true emergencies. Mr. President, we even used the is where? The Congress, to get tens, Mr. President, I ask for the yeas and emergency relief bill to give the Sec- hundreds, of millions of dollars to take nays on this amendment. retary of the Senate $5 million for the care of, guess what? Their Olympic re- The PRESIDING OFFICER. Is there a development of a Legislative Informa- quirements. sufficient second? tion System. S2404 CONGRESSIONAL RECORD — SENATE March 23, 1998 In the 103rd Congress, when the ap- ures are engaging in a game of chick- Commerce Committee, my interest in propriations bill to provide relief for en—daring the body to oppose the the Olympic movement. I can report the Los Angeles earthquake was intro- emergency relief that may be des- that he is absolutely correct. This is duced, it initially did four things: pro- perately needed. not the last time we will hear about vided $7.8 billion for the Los Angeles I urge my colleagues to reject this the Winter Olympics in Salt Lake City. quake, $1.2 billion for the Department reckless approach, and support the It does require a substantial change in of Defense peacekeeping operations; McCain amendment to strip out the traffic patterns there, both in terms of $436 million for Midwest flood relief, unrequested provisions added to this rail and road connections, to assure and $315 million more for the 1989 Cali- emergency supplemental appropria- that we can handle in this country the fornia earthquake. tions measure. tremendous number of foreign visitors But, Mr. President, by the time the Mr. STEVENS. Mr. President, I am who will come to our country when we Los Angeles earthquake bill became grateful to the Senator from Arizona once again host the 2002 Winter Olym- law, it also provided: $1.4 million to for raising these issues, and I think it pics. fight potato fungus; $2.3 million for is good to have a dialog on what we are Beyond that, Mr. President, as I said, FDA pay raises; $14.4 million for the doing. I am trying to get the answer to as I look at these questions that the National Park Service; $12.4 million for the question the Senator asks. Senator has raised, there is no question the Bureau of Indian Affairs; $10 mil- On page 14 of the report, we report that there are terrible ice storms in lion for a new Amtrak station in New that we have recommended $4 million the Northeast. One of the substantial York; $40 million for the space shuttle; for the development of the electric wall problems there is to make available $20 million for a fingerprint lab; accelerator technology, in the atomic funds for the damage that occurred $500,000 for United States Trade Rep- energy division of the Department of there in the area where they produce, resentative travel office; and $5.2 mil- Energy. It is fully offset by a reduction as one of the major economic activi- lion for the Bureau of Public Debt. in Federal funds for defense. It is not ties, the maple syrup. That is a lot of Mr. President, we now come to this an emergency; it is not an add-on. It money, but it is something that we year’s model, and not much has really is a reprogramming through this looked at, and it is consistent with the changed. bill. I understand it is at the request of precedence of the Senate in dealing The Senator from Arizona’s amend- the Department. It was presented by a with the disaster. We accepted the ment seeks to eliminate a number of Senator to the full Appropriations amendment in regard to that. extraneous provisions in the current Committee. I might add, I am a mem- I personally, as I told the Senate, emergency supplemental appropria- ber of the committee and I am trying went to Georgia, met with the people tions bill, including: $7.5 million to to get further information about the handling the transportation activities begin repair and rehabilitation of the wall accelerator technology. It is relat- in Georgia, and at the time met others Capitol Dome; $4 million for develop- ed to the smaller accelerators, I am who were involved in dealing with ment and demonstration of dielectric told, not the large types. It is a $4 mil- some of the difficulties that were en- wall accelerator technology for remote lion item using money that has already countered there in the floods. I did not explosive detonation, radiography, and been allocated to another form of de- make a trip to Alabama and Mis- fusion applications; and, $2 million for fense activity and moved over to this, sissippi, but I did get a briefing on levy payments to counties to replace funds and the other account has been reduced and waterway repairs in both of those expected from timber road construc- accordingly. States, and I believe that money that tion projects. I might say, this is one of my prob- the Senator from Arizona has ques- Mr. President, some of these projects lems about the bill, Mr. President, be- tioned is within, again, the precedence may well be worthy. cause when we reprogram this money, of the Senate in dealing with emer- In fact, the last provision I men- it is my understanding that the Con- gency funding. tioned, providing $2 million in pay- gressional Budget Office still charges As a matter of fact, I might say to ments to counties to replace funds ex- us with the original $4 million and the my friend from Arizona, we expect ei- pected from timber road construction second $4 million. This is what has led ther today or tomorrow another re- projects, is something I believe may us into this great debate with the Of- quest from the administration for have great merit. fice of Management and Budget and the FEMA money, Federal Emergency But, Mr. President, just because a CBO about the scoring for the purpose Management money, because of the provision may be worthwhile does not of our Budget Act of transfers, two very difficult storms that occurred justify using an emergency appropria- reprogrammings, and recessions. I hope the past weekend. That money must be tions bill to skirt normal budget scru- to talk about that at a later time. added to this bill or wait until fall tiny. I note, also, the Senator has given us when we approve the regular bill. I do Mr. President, though non-emer- a list of the items. He is correct; there not expect we will have another supple- gency matters attached to emergency is no question about it that Olympics mental between now and consideration bills are still subject to the spending cost us money. There isn’t a nation in of the regular appropriations bills for caps established in the concurrent the world that doesn’t fight to have the fiscal year 1999. That could change, budget resolution, as long as total Olympics. I have just come back now but I do not expect it at this time. spending remains under those caps, from Australia where I looked at the The road moratorium money is an- these unrelated spending matters are venue for the Olympics to be held in other item here that was questioned, not required to be offset with spending the year 2000 by that country. I can tell section 405, that requires payments to cuts. the Senator that every National Gov- counties to replace funds counties ex- Some might suggest that new spend- ernment expends substantial funds. I pected to receive from the timber road ing is less a problem on emergency sup- saw the changes in the wharfs, I saw construction projects. This is another plemental appropriations when it is the changes in the site. As a matter of precedent established by the Congress. offset with spending cuts. fact, they are making an addition to As a matter of fact, it was established But, Mr. President, in such instances, one of their national parks as their in my State of Alaska when, by action we miss an opportunity to use those re- venue for their world Olympics. There of the Forest Service and the Depart- scissions to reduce the deficit, having is a considerable amount that will be ment of Agriculture, existing programs instead to use them just to stay even. spent there in the effort to assure that for road construction and for timber Moreover, by using emergency appro- those games are carried on to meet utilization were canceled and there priations bills as a vehicle, these extra- their national needs. Many of these was, in fact, passed by the Congress a neous proposals avoid the normal scru- items really are moneys that are in ad- substantial bill to replace those funds tiny through which legislative propos- vance of expenditures under other Fed- for a period of time because the schools als must go to justify Federal spend- eral programs. in these counties where the timber ac- ing. I also went up to look at the site of tivity takes place relied to a great ex- Mr. President, those who add unre- the 2002 Winter Olympics. I am sure the tent on the revenue-sharing provisions lated provisions to disaster relief meas- Senator remembers, as chairman of the of Federal law to maintain the schools. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2405 We have taken action in the past to re- Mr. President, I rise in opposition to practice come to an end. Unfortu- place funds under similar cir- the amendment offered by the Senator nately, it has been a fight to persuade cumstances, and this section of this from Arizona, Senator MCCAIN. I can- Congress that this is the only sensible bill is to continue that precedent, also. not speak to the value of some of the course lately. I am pleased to try and answer any projects which he has singled out in Taxpayer dollars are too often con- other question the Senator has. To deal this amendment, but I can speak to the sidered ‘‘free money’’ here in Washing- with a bill of this type, you have to necessity of providing assistance to the ton, and the thought of more ‘‘free come back to the concept of the eye of maple sugar producers in northern New money’’ is creating a feeding frenzy on the beholder. I honor and respect the England. Capitol Hill, particularly when there Senator from Arizona as chairman of Maine and other northern New Eng- might be ‘‘budget surplus’’ in sight. the authorizing committee that looks land States recently endured the ice As I’ve said before in this Chamber, very carefully at all of the funds that storm of the century. Part of the result the rush to spend reminds me of the are authorized in the normal process. of that ice storm was extensive damage free-for-all that results when you toss This type of bill—a supplemental ap- to the forests in Maine. Our maple a piece of raw meat to a pack of hungry propriations bill, disaster appropria- sugar producers have been severely dogs. Washington will pounce on a stack of tions bill, and a defense emergency ap- hurt by the ice storm. Their trees may tax dollars and spend, spend, spend propriations bill—relies to a great ex- well take a very long time to recover. until it’s all gone—until the bones have tent on items that have not been au- These maple sugar producers in north- ern New England have fallen through been stripped of every last morsel of thorized. They are authorized by virtue meat. of the very nature of the occurrence as the cracks of our traditional disaster assistance programs. They need our as- This is nothing new, of course. But disaster or emergency or defense mat- just because it has become habit on ters, and, as such, these matters that sistance. This bill would provide a modest amount of money, $4.48 million Capital Hill doesn’t mean it’s right. the Senator from Arizona has raised The greatest concern I have about in funds, that are desperately needed have not been reviewed by the legisla- these add-on, non-emergency items and for these small maple sugar producers tive committees and they should be the supplemental appropriations bill is fully examined by all Members of the to recover from the impact of this dev- that this spending will consume a pos- Senate. I invite all Members of the astating storm. sible budget surplus that should right- The amendment of the Senator from Senate to examine these matters. We fully be returned to the taxpayers in Arizona also raises important public tried to go into these in depth in the the form of tax relief, national debt re- policy issues. We have more than one Appropriations Committee and, be- duction, or Social Security reform. branch of government in this country. cause of the time circumstance, we The President is maintaining that The idea that the President and the may not have gone into each one to the not one penny of a potential surplus President alone should solely dictate extent we should, but I was convinced would be used for spending increases or what is in an urgent supplemental bill as chairman, and I know that other tax cuts, and every penny should go to should give us all cause for alarm. It is members of the committee were con- save Social Security. But in his fiscal inconsistent with the traditions of this vinced through their own listening of year 1999 budget, he has already pro- noble body and it is contrary to the the presentations, that these items do posed to spend some $43 billion of the public interests. merit the approval of the Senate as le- surplus. I urge my colleagues in the Senate to Now the President has proposed a gitimate disaster expenses or as legiti- vote to table the amendment offered by mate funds to replace funds already supplemental appropriation that will the Senator from Arizona. spend another $2.5 billion of this sur- spent by the Department of Defense. I yield back the remainder of my This defense money is to replace the plus. time. I believe strongly that Congress owes money that has been spent and is nec- The PRESIDING OFFICER. The Sen- essary to be spent in terms of the de- it to the taxpayers not to spend any ator from Minnesota is recognized. surplus for government programs. ployment to Southwest Asia and in Mr. GRAMS. Mr. President, I am After all, the Government has no Bosnia, and they are declared emer- pleased to join the distinguished Sen- claim on any surplus, because the Gov- gencies. I believe they should be so ator from Arizona today to offer this ernment didn’t generate it—the sweat classified. amendment striking some add-on, non- and hard work of the American people The PRESIDING OFFICER. The Sen- emergency items from the supple- created it, and it therefore should be ator from Maine. mental appropriations. returned to the people first. Ms. COLLINS. If the Senator would This amendment represents sound Washington should not be first in yield, I will speak in opposition to the and responsible fiscal policy. line for this surplus. If we are serious amendment. I want to take this opportunity to about saving Social Security, we Mr. STEVENS. I am pleased to yield commend Senator MCCAIN for his con- should first stop looting the Social Se- briefly. May I inquire how much time sistent leadership and persistent ef- curity surplus by cutting government the Senator desires? forts to ensure Congress exercises fis- spending, returning the borrowed sur- Ms. COLLINS. If I could have 3 min- cal responsibility. plus to the trust funds, and beginning utes. Supplemental appropriations legisla- real reform now. Mr. STEVENS. I yield 3 minutes. I do tion has routinely become a Christmas Congress has done very little to not wish to look constrained, but we tree. Every year it is loaded with all shrink the size of the Government by tried and notified Members we will kinds of unauthorized, non-emergency eliminating wasteful and unnecessary vote at 5:30. projects, stuck here and there, until it Federal programs. It instead continues Mr. GRAMS. If I could speak for 5 reaches the point where it has grown to increase the size of the Government. minutes in support of the amendment out of control. As I’ve said before, it this is a race to following the Senator from Maine. Supplemental appropriations, by def- prove who can be the most ‘‘compas- Mr. STEVENS. I will yield each Sen- inition, are supposed to be enacted sionate’’ with taxpayers’ dollars, it’s a ator 5 minutes. when the need for additional funds is race nobody will win, and one the tax- I ask unanimous consent the vote on too urgent to be postponed until the payers most certainly will lose. The this measure take place at 5:35. That is next regular appropriation is consid- truth is simple: You can’t buy compas- a vote on or in relation to this. I shall ered. sion. make a motion to table this amend- Today, this legislation has become a A big, expensive Federal Government ment. major vehicle for lawmakers to bring is a bad deal for Americans. If Congress The PRESIDING OFFICER. Without home the bacon. In fact, not one of the could roll back government domestic objection, it is so ordered. items listed in this amendment is too spending back to 1969 levels, a family The Senator from Maine. urgent to wait for consideration under of four would keep $9,000 a year more of Ms. COLLINS. I thank the distin- the proper procedures. its earnings than it does today. Mil- guished chairman of the Appropria- Many of us come down to the floor lions of families would pay no income tions Committee for his courtesy. each year demanding this irresponsible tax at all. S2406 CONGRESSIONAL RECORD — SENATE March 23, 1998

Unfortunately, tax-and-spend—not Oregon (Mr. WYDEN) are necessarily ab- and quality of life of our armed forces. tax relief and streamlining—is the pol- sent. The Defense Department has already icy Washington is now pursuing. The result was announced—yeas 61, paid $9 billion for operations in Bosnia Since the 1970’s, Congress has passed nays 31, as follows: and the Persian Gulf over the past a number of bills to make it difficult to [Rollcall Vote No. 39 Leg.] three years and is currently paying the use supplementals to bypass spending YEAS—61 bills for these unbudgeted operations controls. But they don’t appear to be Akaka Dorgan McConnell this year, while attempting to main- working. In fact, Congress has provided Baucus Durbin Moynihan tain already constrained programs for $5 billion each year in emergency Bennett Enzi Murkowski readiness, modernization, and quality Bingaman Ford Murray spending since the establishment of Boxer Frist Reed of life programs in this year’s defense spending caps. All of the supplementals Breaux Gorton Reid budget. are offset. Bumpers Grassley Roberts I agree with Senator STEVENS, chair- Breaching the spending caps would be Burns Hagel Rockefeller man of the Appropriations Committee Byrd Harkin Sarbanes fiscally irresponsible at a time in Campbell Hatch Sessions that the defense budget should not be which domestic discretionary spending Chafee Helms Shelby offset to pay for these operations. I un- continues to grow and large numbers of Cleland Hollings Smith (OR) derstand that the chairman of the Cochran Hutchison Snowe OMENICI wasteful programs are allowed to con- Collins Inouye Specter Budget Committee, Senator D tinue. Conrad Jeffords Stevens also agrees that the defense budget Although our short-term fiscal condi- Coverdell Kennedy Thurmond should not be offset to pay for these tion has improved in recent years, we Craig Lautenberg Torricelli unbudgeted operations. The defense Daschle Leahy Warner still have a long way to go to address DeWine Lieberman Wellstone budget has been steadily reduced over our long-term fiscal imbalances which Dodd Lott the last fifteen years and is at its low- pose a serious threat to our future. Domenici Mack est point since 1956, while at the same We must exercise fiscal discipline to NAYS—31 time our military forces are being ensure the Federal budget will be bal- Abraham Gramm McCain called on to respond to an unprece- anced—and stay balanced—without Allard Grams Moseley-Braun dented number of deployments. Contin- new taxes and without new spending. Ashcroft Gregg Nickles gency and ongoing operations are In conclusion, there might be merits Brownback Hutchinson Robb Bryan Johnson Roth draining needed resources for current for some of these add-on, non-emer- Coats Kempthorne Santorum readiness and the future modernization gency programs. But they should un- Faircloth Kerry Smith (NH) of our military forces. The cost of dergo the normal authorizing process. Feingold Kohl Thomas these operations in fiscal year 1998 Feinstein Kyl Thompson Non-emergency add-ons destroy the Glenn Levin alone is expected to reach more than purpose of supplemental appropriations Graham Lugar $4.3 billion. We must not allow the and weaken our fiscal discipline. NOT VOTING—8 costs of these unbudgeted operations to Again, supplemental appropriations, Biden Inhofe Mikulski adversely affect the future moderniza- by definition, are supposed to be en- Bond Kerrey Wyden tion, current readiness, or quality of acted when the need for additional D’Amato Landrieu life of our military forces. funds is too urgent to be postponed The motion to lay on the table the Mr. President, I know that there are until the next regular appropriation is amendment (No. 2063) was agreed to. Senators who do not support the open- considered. Again, today, this legisla- Mr. STEVENS. Mr. President, I move end commitment of our troops in Bos- tion has become a major vehicle for to reconsider the vote. nia, which the President has requested. lawmakers to bring home the bacon, Mr. NICKLES. I move to lay that mo- I have some concerns about that com- and, in fact, not one of the items listed tion on the table. mitment myself. However, I suggest to in this amendment is too urgent to The motion to lay on the table was those Senators who are absolutely op- wait for consideration under proper agreed to. posed to our continuing commitment procedures. So they should be stricken Mr. STEVENS. Mr. President, if the in Bosnia to consider legislation limit- out of this legislation. Senate can be in order, the distin- ing or terminating our role there—and I urge my colleagues to support the guished President pro tempore wishes insist on a vote on such legislation. amendment. to make remarks about this bill at this This approach, it seems to me is far I yield the floor. time. more appropriate than proposing that Mr. STEVENS. Mr. President, all The PRESIDING OFFICER. The Sen- we continue to pay for Bosnia—and the time is expired now, is that correct? ate will please be in order. Persian Gulf operations as well—from The PRESIDING OFFICER. Yes. Mr. STEVENS. I yield to the Senator already scarce resources in the defense Mr. STEVENS. I move to table the from South Carolina and ask unani- budget—which further weakens the amendment of the Senator from Ari- mous consent I reclaim the floor when readiness of our forces and delays or zona, and I ask for the yeas and nays. he is finished with his statement so I terminates critically needed mod- The PRESIDING OFFICER. Is there a may deal with some amendments that ernization and quality of life programs. sufficient second? we have agreed to on both sides. As has I urge my colleagues to support the There is a sufficient second. been noted, there will be no more votes quick passage of this much needed de- The yeas and nays were ordered. tonight, but we will try our best to fense supplemental request and not re- The PRESIDING OFFICER. The have a vote early in the morning. quire offsets from the defense budget. question is on agreeing to the motion The PRESIDING OFFICER. Without Continuing the practice of requiring to table amendment No. 2063. The yeas objection, it is so ordered. offsets will undermine the capability of and nays have been ordered. The clerk The Senator from South Carolina. our armed forces, many of whom are will call the roll. Mr. THURMOND. Mr. President, I forward deployed now protecting our The assistant legislative clerk called rise today to support this supplemental national security interests. the roll. request, and urge my colleagues to Mr. President, I yield the floor. Mr. NICKLES. I announce that the speed its passage. I want to commend The PRESIDING OFFICER. The Sen- Senator from New York (Mr. D’AMATO), Senator STEVENS, the chairman of the ator from Alaska. the Senator from Oklahoma, (Mr. Appropriations Committee, and Sen- Mr. STEVENS. I thank the Senator INHOFE), and the Senator from Missouri ator INOUYE, the ranking member, on for those remarks. He is absolutely cor- (Mr. BOND), are necessarily absent. this supplemental. It is needed, and the rect. We do need this bill. We need it Mr. FORD. I announce that the Sen- Senate should act on it quickly. for the men and women in the armed ator from Delaware (Mr. BIDEN), the The Chiefs of our Military Services services who have already been de- Senator from Nebraska (Mr. KERREY), have testified that without swift ap- ployed. I, too, have trouble with some the Senator from Louisiana (Ms. proval of this defense supplemental re- of these deployments, but I never have LANDRIEU), the Senator from Maryland quest, they are concerned there will be any trouble voting and asking people (Ms. MIKULSKI), and the Senator from significant impacts to the readiness to vote for money to keep and support March 23, 1998 CONGRESSIONAL RECORD — SENATE S2407 our men and women who have been imous consent they be reported and the quirement pursuant to section 251(b)(2)(A) of sent in harm’s way because of com- amendments be considered en bloc. such Act.’’ mand decisions. The PRESIDING OFFICER. The Mr. COCHRAN. Mr. President, this AMENDMENTS NOS. 2069 THROUGH 2076, EN BLOC clerk will report the amendments en amendment provides $8.7 million in as- Mr. STEVENS. Mr. President, we bloc. sistance to farmers whose trees and have a series of amendments that have The legislative clerk read as follows: vineyards were lost or damaged as a re- been agreed to on both sides. I would The Senator from Alaska [Mr. STEVENS] sult of natural disasters. The Tree As- like to just review them and make sure proposes amendments numbered 2069 through sistance Program (TAP) provides as- the Democratic members of the com- 2076 en bloc. sistance for the cost of replanting, re- mittee and their staffs concur that Mr. STEVENS. Due to the fact that I seeding, or repairing damage to trees, these are the ones that have been read the intent and purposes, I ask the including commercial trees, orchards, cleared. amendments not be read any further and vineyards. Let me read them. Then I will send and they be considered en bloc at this This assistance has been extended to them all to the desk at one time. time. producers in past years. Funding for First, I propose an amendment to The PRESIDING OFFICER. Without this program was not included in the make technical corrections to section objection, it is so ordered. Administration’s disaster funding re- 405 to the bill that pertains to the For- The amendments are as follows: quest. However, based on discussions with Members from the affected States est Service transportation system mor- AMENDMENT NO. 2069 atorium. That has been cleared on both and the Department, there is an appar- (Purpose: To make technical corrections to ent need for this program. This pro- sides. I offer it on behalf of Senator Sec. 405 of the bill regarding a Forest Serv- gram is not intended to duplicate as- CRAIG. It has been also cleared by the ice transportation system moratorium) chairman of the subcommittee in- sistance for tree losses covered by pro- On page 36, strike lines 6 through 10 and in- grams of the United States Forest volved. sert in lieu thereof the following: I have a second amendment. This is (b)(1) For any previously scheduled Service. offered on behalf of the distinguished projects that are referred to in, but not au- AMENDMENT NO. 2072 minority leader, Senator DASCHLE. It thorized pursuant to, subsection (a)(1), the On page 18, following line 5, insert the fol- Chief may, to the maximum extent prac- lowing: deals with emergency river and shore- An additional amount for emergency levee line repairs along the Missouri River. ticable, prepare and authorize substitute projects within the same state to be offered repairs at Suisun Marsh, California to be That has been cleared on both sides. or initiated in fiscal year 1998 or fiscal year conducted at full Federal expense, $1,100,000, I have another amendment on behalf 1999. Such projects shall be subject to the re- to remain available until expended: Provided, of Senator COCHRAN, Senator BUMPERS, quirements of subsection (a)(2). That the Secretary of the Army is author- Senator D’AMATO and Senator BOXER. ized and directed to obligate and expend the It deals with assistance to replace and AMENDMENT NO. 2070 funds appropriated for the Suisun Marsh, rehabilitate trees and vineyards dam- California levee repair to proceed with engi- On page 18, following line 5, insert the fol- neering and design and reconstruction if the aged by natural disasters. lowing: Secretary of the Army certifies that such I have an amendment on behalf of An additional amount for emergency river work is necessary to provide flood control Senator BOXER that deals with emer- and shoreline repairs along the Missouri benefits in the vicinity of Suisun Marsh, gency levee repairs at Suisun Marsh in River in South Dakota to be conducted at California: Provided further, That the Corps California. That has been cleared on full Federal expenses, $2,500,000, to remain of Engineers shall not be responsible for the available until expended: Provided, That the both sides. future costs of operation, repair, replace- Secretary of the Army is authorized and di- ment or rehabilitation of the project: Pro- Mr. President, I have another amend- rected to obligate and expend the funds ap- ment on behalf of the Senator from Ha- vided further, That the entire amount shall propriated for South Dakota emergency be available only to the extent an official waii, Mr. INOUYE. It deals with Apra river and shoreline repair if the Secretary of budget request of $1,100,000, that includes Harbor in Guam. That is another emer- the Army certifies that such work is nec- designation of the entire amount of the re- gency amendment and has been essary to provide flood related benefits: Pro- quest as an emergency requirement as de- cleared. vided further, That the Corps of Engineers fined in the Balanced Budget and Emergency Another amendment on behalf of shall not be responsible for the future costs Deficit Control Act of 1985, as amended, is of operation, repair, replacement or rehabili- Senator COCHRAN and Senator BUMP- transmitted by the President to the Con- tation of the project: Provided further, That gress: Provided further, That the entire ERS, that deals with additional boll the entire amount shall be available only to weevil eradication loans. It is for the amount is designated by the Congress as an the extent an official budget request of emergency requirement pursuant to section amount of $222,000. This is to the natu- $2,500,000, that includes designation of the 251(b)(2)(A) of such Act. ral disaster bill and emergency defense entire amount of the request as an emer- bill, but it is to correct a shortfall in gency requirement as defined in the Bal- AMENDMENT NO. 2073 the fiscal year 1998 appropriation due anced Budget and Emergency Deficit Control On page 18, following line 5, insert the fol- to an interest rate subsidy miscalcula- Act of 1985, as amended, is transmitted by lowing: tion. So it is to correct an error in the the President to the Congress: Provided fur- An additional amount for emergency main- ther, That the entire amount is designated tenance dredging at Apra Harbor, Guam to previous law. by the Congress as an emergency require- be conducted at full Federal expense, I have another amendment that has ment pursuant to section 251(b)(2)(A) of such $1,400,000, to remain available until ex- been cleared on both sides. It is on be- Act. pended: Provided, That the Secretary of the half of Senator BOXER. It deals with Army is authorized and directed to obligate not applying changes in a prior act of AMENDMENT NO. 2071 and expend the funds appropriated for the Congress to the projects that are re- (Purpose: To provide funds for assistance to Apra Harbor, Guam emergency maintenance sulting from fall and winter flooding. replace or rehabilitate trees and vineyards dredging if the Secretary of the Army cer- Mr. President, there is another damaged by natural disasters) tifies that such work is in the national inter- est: Provided further, That the Corps of Engi- amendment here that I offer on behalf On page 5, after line 3, insert the following: neers shall not be responsible for the future of the majority leader and Senators ‘‘TREE ASSISTANCE PROGRAM costs of operation, repair, replacement or re- LIEBERMAN, GREGG, HOLLINGS, KYL, ‘‘An amount of $8,700,000 is provided for as- habilitation of the project: Provided further, myself, MCCONNELL, HELMS, SHELBY, sistance to replace or rehabilitate trees and That the entire amount shall be available BROWNBACK and KERREY. It deals with vineyards damaged by natural disasters: Pro- only to the extent an official budget request the availability of funds for the activi- vided, That the entire amount is available of $1,400,000, that includes designation of the ties in connection with the Iraqi Demo- only to the extent that an official budget re- entire amount of the request as an emer- cratic opposition; the second portion of quest for $8,700,000, that includes designation gency requirement as defined in the Bal- this deals with the establishment of of the entire amount of the request as an anced Budget and Emergency Deficit Control emergency requirement as defined in the Act of 1985, as amended, is transmitted by Radio Free Iraq. That has been cleared Balanced Budget and Emergency Deficit the President to the Congress: Provided fur- on both sides. Control Act of 1985, as amended, is transmit- ther, That the entire amount is designated To my knowledge, those are all the ted by the President to the Congress: Pro- by the Congress as an emergency require- amendments that we have cleared. I vided further, That the entire amount is des- ment pursuant to section 251(b)(2)(A) of such now send these to the desk. I ask unan- ignated by the Congress as an emergency re- Act. S2408 CONGRESSIONAL RECORD — SENATE March 23, 1998 AMENDMENT NO. 2074 the Animal and Plant Health Inspec- of the Balanced Budget and Emergency Defi- (Purpose: To subsidize the cost of additional tion Service. The loan program that we cit Control Act of 1985, as amended: Provided boll weevil eradication loans) seek to increase, administered by the further, That the entire amount shall be On page 3, line 3, strike ‘‘and’’. Farm Service Agency, helps farmers available only to the extent that an official budget request for a specific dollar amount, On page 3, line 4, before the period, add ‘‘; accelerate the timetable for complete and for boll weevil eradication program that includes designation of the entire eradication of this pest. amount of the request as an emergency re- loans as authorized by 7 U.S.C. 1989, It is very important that we move $222,000’’. quirement as defined in the Balanced Budget these areas forward as quickly as pos- and Emergency Deficit Control Act of 1985, Mr. COCHRAN. Mr. President, this sible to help protect the environment as amended, is transmitted by the President amendment provides $222,000 to cover and to help sustain rural economies. to Congress. the cost of additional boll weevil eradi- The program level made possible by Mr. LOTT. Mr. President, I am cation loans. This will correct a short- this amendment will return the pro- pleased to offer this amendment pro- fall in the fiscal year 1998 appropria- gram to last year’s level which is the viding $5 million for overt political tion due to an interest rate subsidy very least we should do at this time. support and $5 million for the estab- miscalculation. The additional amount Again, I want to thank Senator COCH- lishment of ‘‘Radio Free Iraq.’’ provided by this amendment will main- RAN for his leadership on this issue and This is a bipartisan amendment. I am tain the fiscal year 1997 $40 million to Senators STEVENS and BYRD for see- joined by Senators LIEBERMAN, GREGG, loan level in fiscal year 1998. ing it included in the text of S. 1768. HOLLINGS, KYL, STEVENS, HELMS, and These loans are used to enhance the AMENDMENT NO. 2075 BROWNBACK in support for this start to funding of the Boll Weevil Eradication (Purpose: Waive the requirements of 23 a political approach to changing the re- Program and are made to the partici- U.S.C. 125(b)(1) with respect to emergency gime in Iraq. pating States’ individual Boll Weevil disaster highway assistance necessitated This emergency appropriations bill Eradication Foundations. The applica- by the 1997/1998 storms from El Nino) contains over $1.3 billion for U.S. mili- tions for the loans are not made until On page 45, line 13, after the words, ‘‘high- tary operations in Southwest Asia. Our April when the need for the actual way program made available by this Act’’, military deployments to the Persian money during the planting season can insert the following: ‘‘: Provided further, That Gulf are very expensive. They are nec- be determined by farmers. This proce- 23 U.S.C. 125(b)(1) shall not apply to projects essary to keep pressure on Iraq. dure is in response to the Farm Serv- resulting from the Fall 1997 and Winter 1998 But I believe that a new policy goal flooding in the western States’’. ices Agency’s concerns that the funds is necessary as well. I have publicly ad- be utilized when received rather than AMENDMENT NO. 2076 vocated an approach that has an ex- deposited for future use. At a recent At the appropriate place in title II of the plicit goal for the removal of Saddam Mid-South Boll Weevil Action Commit- bill insert the following new general provi- Hussein from power. I expect to con- tee meeting, the committee agreed sions: tinue to examine how such a policy can that applications will be made for the SEC. . SUPPORT FOR DEMOCRATIC OPPOSITION be developed and implemented. I will use of approximately $40 million and IN IRAQ. continue to work with the Administra- this money will be needed in fiscal year In addition to the amounts appropriated to tion to explore ways we can develop a 1998. the President under Public Law 105–118, Iraq policy that is more effective and Again, I wish to reiterate that this there is hereby appropriated $5,000,000 for the more sustainable. amendment is only for a small amount ‘‘Economic Support Fund,’’ to remain avail- The amendment today is intended to and is necessary to maintain this pro- able until September 30, 1999, for assistance to the Iraqi democratic opposition for such be a first step in a policy reappraisal. gram at its current level. activities as organization, training, dissemi- It is drawn from a provision in the Mr. BUMPERS. Mr. President, I am nating information, developing and imple- State Department Authorization Con- pleased to join my colleague Senator menting agreements among opposition ference Report. Section 1814 authorizes COCHRAN, Chairman of the Agriculture, groups, and for related purposes: Provided $38 million for a number of purposes, Rural Development, and Related Agen- further, That within 30 days of enactment including political support and creat- cies Subcommittee, in offering an into law of this Act the Secretary of State ing ‘‘Radio Free Iraq.’’ amendment to S. 1768 relating to the shall submit a detailed report to the appro- The amendment today would appro- boll weevil eradication loan program. priate committees of Congress on plans to establish a program to support the demo- priate the money. It would be non-off- Our amendment will provide an addi- cratic opposition in Iraq: Provided further, set—designated as an emergency. It tional $222,000 in budget authority to That such amount is designated by Congress seems reasonable to me to put a mod- support an increased program level of as an emergency requirement pursuant to est $10 million for political efforts nearly $19,000,000. This amendment will section 251(b)(2)(A) of the Balanced Budget when the underlying bill has more than return the program to the fiscal year and Emergency Deficit Control Act of 1985, $1.3 billion for military efforts. 1997 level of approximately $40,000,000 as amended: Provided further, That the en- I would also like to note what the which is consistent with the program’s tire amount shall be available only to the ex- statement of managers on the State identified need. tent that an official budget request for a spe- cific dollar amount, that includes designa- Department Authorization Conference This loan program is an important tion of the entire amount of the request as Report says about the Iraqi opposition: component of USDA’s overall boll wee- an emergency requirement as defined in the ‘‘The Committee further notes that vil eradication strategy. Already, re- Balanced Budget and Emergency Deficit disparate Kurdish, Shiite and Sunni gions of this country are benefitting Control Act of 1985, as amended, is transmit- groups have in the past been willing to from complete boll weevil eradication. ted by the President to Congress. set aside their differences and unite The benefits of this program include SEC. . ESTABLISHMENT OF RADIO FREE IRAQ. under the umbrella of the Iraqi Na- reduced chemical applications, higher In addition to the amounts appropriated to tional Congress (INC) to challenge Sad- net farm income, increased land val- the United States Information Agency under dam Hussein.’’ ues, and other attributes important to Public Law 105–119, there is hereby appro- This amendment requires the Admin- the vitality of rural America. This pro- priated $5,000,000 for ‘‘International Broad- casting Operations,’’ to remain available istration to submit their proposal to gram benefits not only farmers, but ev- until September 30, 1999, for a grant to Radio spend these funds within 30 days. Con- eryone interested in a clean environ- Free Europe/Radio Liberty for surrogate gress will review their proposal very ment and economic prosperity. radio broadcasting to the Iraqi people: Pro- carefully—especially what groups the There are still large regions of the vided, That such broadcasting shall be des- Administration plans to work with. country where the boll weevil eradi- ignated ‘‘Radio Free Iraq’’: Provided further, I understand there is some division cation program is either in the very That within 30 days of enactment into law of within the Administration about the early stages or has not yet begun. In this Act the Broadcasting Board of Gov- INC. I know you can always find rea- my state of Arkansas, referendums ernors shall submit a detailed report to the sons for not undertaking a difficult appropriate committees of Congress on plans have been recently concluded in which to establish a surrogate broadcasting service policy. In my view, the Iraqi National farmers are agreeing to assessments to to Iraq: Provided further, That such amount Congress should be front and center in pay their share of the boll weevil grant is designated by Congress as an emergency any efforts to develop a strategy for a program that is administered through requirement pursuant to section 251 (b)(2)(A) democratic Iraq. There may be other March 23, 1998 CONGRESSIONAL RECORD — SENATE S2409 opposition groups deserving of support Mr. LEVIN. Mr. President, this that has been made over the last 6 but I do not know of any that have amendment seeks to build on the Presi- months, particularly with the installa- been as effective as the INC was until dent’s March 3, 1998, report to Congress tion of a new government in the the fall of 1996. that sets forth a series of benchmarks Republika Srpska. Along with the other sponsors, I in- for the implementation of the Dayton Finally, Mr. President, I believe, as I tend to keep pressing on various ele- accords in Bosnia. That report was sub- have expressed many times on this ments of this strategy during legisla- mitted by the President pursuant to floor, that U.S. ground combat forces tive action on fiscal year 1999 bills. identical provisions contained in the should remain in Bosnia only for a rea- I thank the co-sponsors for their sup- National Defense Authorization Act for sonable period of time beyond June of port and look forward to the unani- fiscal year 1998 and the National De- this year. I do not believe our commit- mous adoption of this amendment. fense Appropriations Act for fiscal year ment should be open-ended. This THE PRESIDING OFFICER. If there 1998. amendment, by seeking to ensure that be no further debate, the question is on The benchmarks, which are described everybody agrees on the same bench- agreeing to the amendments. in the report as ‘‘concrete and achiev- marks and the same estimated time The amendments (Nos. 2069 through able,’’ however, were established uni- lines for their achievement, will, I be- 2076) were agreed to. laterally by the administration and lieve, provide a framework by which to Mr. STEVENS. Mr. President, I move were not shared with or agreed upon by judge the movement forward to the to reconsider that action and I move to our NATO allies. time that U.S. ground combat forces lay my motion on the table. My amendment would call for the can be withdrawn from Bosnia. The PRESIDING OFFICER. Without President to seek agreement by NATO Mr. President, I understand that the objection, it is so ordered. to those benchmarks to an estimated Senator from Alaska has a second-de- The motion to lay on this table was timetable for their accomplishment gree amendment that he wishes to offer agreed to. and to a process to review the accom- which is acceptable to me. I yield the Mr. STEVENS. Mr. President, the plishment of those benchmarks. floor. Senator from Michigan has an amend- The amendment would thus attempt Mr. STEVENS addressed the Chair. ment that we have previously dis- to ensure that all NATO members are The PRESIDING OFFICER. The Sen- cussed. I encourage him to raise it at using the same objectives and esti- ator from Alaska. this time. mated time lines for their achievement Mr. STEVENS. I offer my apologies Mr. LEVIN addressed the Chair. and are committed to reviewing the to the Senator from Michigan. I have The PRESIDING OFFICER. The Sen- situation if those time lines are not discussed this matter, Mr. President, ator from Michigan. met. and I would like to make certain that AMENDMENT NO. 2077 I want to stress, Mr. President, that the amendment of the Senator from (Purpose: To urge the President to formalize the time lines are not deadlines, they Michigan does not reflect approval or certain benchmarks by agreement with are not rigid or inflexible; they are es- disapproval of the benchmarks concept NATO and to provide for NATO review of timates. But I do believe that estab- in the President’s certification trans- any failures timely to achieve such bench- lishing benchmarks without an esti- mitted to Congress. marks, and to impose related reporting re- mated timeframe within which you AMENDMENT NO. 2078 TO AMENDMENT NO. 2077 quirements) hope to accomplish those benchmarks Mr. LEVIN. Mr. President, I send an Mr. STEVENS. Mr. President, I have is only doing half the job. This is par- an amendment in the second degree amendment to the desk and ask for its ticularly true when, as here, the bench- immediate consideration. which I send to the desk and ask for its marks, with one exception, are largely immediate consideration. The PRESIDING OFFICER. The beyond the control of the NATO-led clerk will report. The PRESIDING OFFICER. The stabilization force. clerk will report. The assistant legislative clerk read That force, SFOR, can create the se- as follows: The assistant legislative clerk read cure environment within which the as follows: The Senator from Michigan [Mr. LEVIN] civil implementation of the Dayton ac- proposes an amendment numbered 2077. The Senator from Alaska [Mr. STEVENS] cords can take place and SFOR can proposes an amendment numbered 2078 to Mr. LEVIN. Mr. President, I ask provide support to the Office of the amendment No. 2077. unanimous consent that the reading of High Representative, the International At the end of the amendment, add the fol- the amendment be dispensed with. Police Task Force, the Organization lowing: (c) The enactment of this section The PRESIDING OFFICER. Without for Security and Cooperation in Europe does not reflect approval or disapproval of objection, it is so ordered. and the International Criminal Tribu- the bench—marks submitted by the Presi- The amendment is as follows: nal for Yugoslavia, but SFOR cannot dent in the certification to Congress trans- On page 15, after line 21, insert the follow- and should not seek to directly carry mitted on March 3, 1998. ing: out those civil implementation func- Mr. STEVENS. Mr. President, this SEC. 205. (a) Congress urges the President tions. amendment is necessary because of the to enter into an agreement with the North Thus, since the accomplishments of problems we had with the Bosnian Atlantic Treaty Organization (NATO) that these benchmarks are generally beyond money in this bill already. Many peo- sets forth— (1) the benchmarks that are detailed in the SFOR’s control, it is important for ple oppose Bosnian deployment, as the report accompanying the certification that NATO to agree on the benchmarks and Senator from South Carolina has just was made by the President to Congress on the estimated time lines for their ac- stated. I want to make certain we are March 3, 1998; complishment so the Bosnian entities not going to get into a debate over the (2) a schedule for achieving the bench- and the several international organiza- benchmarks when we get to conference, marks; and tions are aware of what is expected of and I am grateful to the Senator from (3) a process for NATO to carry out a for- them. Michigan. I believe he will agree to mal review of each failure, if any, to achieve The amendment also calls for NATO this amendment. any such benchmark on schedule. (b) The President shall submit to Con- to periodically review the accomplish- Mr. LEVIN. Mr. President, I do wel- gress— ments of the benchmarks within the come the amendment. I think it is a (1) not later than June 30, 1998, a report on estimated time lines that they estab- clarification that is important, and I the results of the efforts to obtain an agree- lish and calls on the President to sub- support it. ment described in subsection (a); and mit semiannual reports to Congress on The PRESIDING OFFICER. If there (2) semiannually after that report, a report the results of NATO’s review. is no further debate, the question is on on the progress made toward achieving the I am not here, Mr. President, criticiz- agreeing to amendment No. 2078. benchmarks referred to in subsection (a)(1), ing the Bosnian entities or the inter- The amendment (No. 2078) was agreed including a discussion of each achievement of a benchmark referred to in that sub- national organizations involved in the to. section, each failure to achieve a benchmark implementation of the civil aspects of Mr. STEVENS. Mr. President, I move on schedule, and the results of NATO’s for- the Dayton accords. As a matter of to reconsider the vote by which the mal review of each such failure. fact, I am pleased with the progress amendment was agreed to. S2410 CONGRESSIONAL RECORD — SENATE March 23, 1998 Mr. LEVIN. I move to lay that mo- Mr. ASHCROFT addressed the Chair. to meet the needs of Government, I tion on the table. The PRESIDING OFFICER. The Sen- think it is appropriate that we work as The motion to lay on the table was ator from Missouri. well to meet the needs of America’s agreed to. AMENDMENT NO. 2080 families. I think it is time that we fix The PRESIDING OFFICER. Is there (Purpose: To amend the Fair Labor Stand- this absurd result in the law. further debate on the underlying ards Act of 1938 to provide to private sector I send an amendment to the desk and amendment No. 2077, as amended? employees the same opportunities for ask for its immediate consideration. Mr. STEVENS. We are prepared to time-and-a-half compensatory time off and The PRESIDING OFFICER. The accept the amendment as amended. biweekly work programs as Federal em- clerk will report the amendment. Mr. LEVIN. I thank my friend from ployees currently enjoy to help balance the The legislative clerk read as follows: Alaska. demands and needs of work and family, to clarify the provisions relating to exemp- The Senator from Missouri [Mr. ASHCROFT] The PRESIDING OFFICER. The tions of certain professionals from the proposes an amendment numbered 2080. question is on agreeing to the amend- minimum wage and overtime requirements Mr. ASHCROFT. Mr. President, I ask ment No. 2077, as amended. of the Fair Labor Standards Act of 1938) unanimous consent that the reading of The amendment (No. 2077), as amend- Mr. ASHCROFT. Mr. President, the amendment be dispensed with. ed, was agreed to. thank you very much. I am pleased to The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I move to have this opportunity today. We are objection, it is so ordered. reconsider the vote by which the speaking about a supplemental appro- (The text of the amendment is print- amendment was agreed to. priations measure that relates to emer- ed in today’s RECORD under ‘‘Amend- Mr. STEVENS. I move to lay that gencies, about the needs that individ- ments Submitted.’’) motion on the table. uals in Government have. I would like Mr. ASHCROFT. Mr. President, in to- The motion to lay on the table was to talk about emergencies that relate day’s fast-paced, information-based so- agreed to. to the needs of America’s families. ciety, the rigid and inflexible provi- AMENDMENT NO. 2079 Frankly, I want to talk about how we sions of the Fair Labor Standards Act (Purpose: To provide contingent emergency value women in our culture. have paralyzed those whom it was funds for the enhancement of a number of Over the last 2 months, our sensibili- meant to help. It is interesting to note theater missile defense programs) ties have been assaulted with the na- what Franklin Delano Roosevelt’s Mr. STEVENS. Mr. President, I send tional debate on the President’s behav- words were: ‘‘Those who toil in factory to the desk an amendment on behalf of ior toward women in the workplace. I and on farm to obtain a fair day’s the Senator from Arizona, Mr. KYL. am worried that this preoccupation work’’ were to be the focal point of the The PRESIDING OFFICER. The with the President’s alleged sexual ad- Fair Labor Standards Act. clerk will report the amendment. vances in the workplace is taking the That Fair Labor Standards Act now The legislative clerk read as follows: focus off the real concerns of working deprives employees of the right to The Senator from Alaska [Mr. STEVENS], women everywhere. structure their daily lives on and off for Mr. KYL, proposes an amendment num- Working men and women face a the job to meet the responsibilities bered 2079. unique challenge in the workplace. Not they have both at work and at home. It Mr. STEVENS. Mr. President, I ask only must they navigate the choppy is not the employer who holds the em- unanimous consent that the reading of waters of sexual politics in their own ployee in this Catch-22. It is, however, the amendment be dispensed with. jobs, but at the end of the work day, the Government. Inside-the-beltway The PRESIDING OFFICER. Without they head home to their second full- elitists who think they know best con- objection, it is so ordered. time jobs as moms and dads. tinue to deprive America’s working The amendment is as follows: Working moms wake up each morn- families of the right to make decisions On page 15, after line 21, add the following: ing, hustle to ensure that the toddler is which employees think meet their cir- SEC. 205. In addition to the amounts pro- vided in Public Law 105–56, $151,000,000 is ap- bathed, changed, fed and dressed, all cumstances best. propriated under the heading ‘‘Research De- the while keeping track of the 7-year- The charge to America’s lawmakers velopment, Test and Evaluation, Defense- old or 4-year-old or a 3-year-old, now and into the next century is to re- Wide’’: Provided, That the additional amount doublechecking homework, packing structure the rules regulating the shall be made available for enhancements to lunch. With all these balls in the air, workplace to help increase long-term selected theater missile defense programs to working moms must then get dressed productivity. How do we build a work- counter enhanced ballistic missile threats: and head off to the workplace, stopping place for the next century rather than Provided further, That of the additional to drop off the youngest at grandma’s try to recreate the workplace of the amount appropriated, $45,000,000 shall be made available only for the procurement of or at preschool. Then it begins again last century? How do we reflect the items and equipment required for a third after 8 hours on the job. needs of the American family as it cur- Arrow missile defense battery: Provided fur- These are monumental challenges rently exists, rather than try to impose ther, That the entire amount shall be avail- that America’s supermoms meet and upon the American family, as it cur- able only to the extent that an official budg- beat every day. Yet, we in Congress rently exists, the laws which were et request for $151,000,000, that includes des- have been unable to extend to working shaped 70 years ago to deal with fami- ignation of the entire amount of the request moms and dads an invaluable option lies as they then existed? as an emergency requirement as defined in for the workplace. For 2 years, the Sen- The days are past when the Federal the Balanced Budget and Emergency Deficit Government can treat employment pol- Control Act of 1985, as amended, is transmit- ate has debated and declined to pass ted by the President to the Congress: Pro- flexible work arrangements that would icy and employee productivity as if vided further, That the entire amount is des- grant these working moms and dads they were wholly unrelated. Our abil- ignated by the Congress as an emergency re- and all workers the freedom to adjust ity to compete in an international quirement pursuant to section 251(b)(2)(A) of their work schedules to meet the needs marketplace of intense competition is such Act. of their families. Flexible working ar- going to be largely dependent on our Mr. STEVENS. Mr. President, I have rangements could allow a mom to ability to provide for workers an ac- asked this be presented at this time so leave work early on a Friday when the commodating, comfortable work envi- that other Members may see it and nurse at the first grader’s school calls ronment where they can both meet the have a chance to discuss it with me or to ask that the child be taken home. demands of the workplace and the mar- with Senator KYL before the time to- That mom could take that afternoon ketplace and also meet the very com- morrow when we will seek to have it off and make up the missed hours the pelling demands of their families. either adopted or voted on. following Monday, or any day that I just might add that not only is this I ask now that that amendment be next week, without suffering a loss of an issue of economic productivity, in set aside in order that Senator pay. terms of this ability to sort of boost ASHCROFT may offer his amendment at This is currently illegal under to- production and boost moral and boost this time. day’s outdated labor laws, and we find the sense in which individuals are able The PRESIDING OFFICER. Without that America’s families are in a state to work effectively; this is a matter objection, it is so ordered. of real need. And while we are looking that relates to whether or not the most March 23, 1998 CONGRESSIONAL RECORD — SENATE S2411 fundamental unit of American culture, First of all, back in the 1930s, when Government workers find that it is a the family, can be successful, or wheth- we originally crafted our Fair Labor very good way to try to meet the com- er we are going to make it impossible, Standards Act, about one out of every peting demands of the home place and whether our Government will be at war six or seven —about 16 percent—of the the workplace. with the values of American families. moms of school-aged children were in And secondly, not only is flextime I don’t think there are very many the work force. That means that five highly regarded in the Federal system, people anyplace in this culture who out of six—or six out of seven—were in but comptime is the ability to say, wouldn’t underscore the fact that when the home place. And so the need for look, I have worked a little overtime, moms and dads can spend time with flexible working arrangements was not instead of paying me time and a half their kids that those kids do better, the same as it is now. for that overtime, will you give me that we build a strong future. And yet There has been a virtual sea change time and a half off at another time so we have to make sure that our culture in the work dynamic in America in the I can spend time with my family? That does not have rules and regulations way in which the work force is config- is a very popular program with Federal which make it impossible for moms ured. Very frankly, now, instead of one workers. So popular was that with and dads to accommodate the needs of out of six or one out of seven being workers at the Federal level that it has the youngsters. moms of school-aged children who are been extended, that capacity to be in- As Washington’s establishment in the workplace, now four out of five volved in that kind of operation has clings to the workplace policies of the moms of school-aged children are in been extended to other Government 1930s, which assume employer-em- the workplace. So that the vast major- workers, particularly at the State and ployee relationships that are always ity of moms of school-aged children are local level. adversarial, we have to make sure that working as opposed to the vast major- So we have a real interesting situa- Government itself does not become ad- ity in the 1930s not working. And this tion where the universe of workers is versarial to the fundamental values of means that our needs are different. It not treated fairly or equally. Govern- American culture and American life. means that it is impossible for us to mental workers had the opportunity Prime among those values is the value get the same kind of return on a legal for flextime and comptime. Both at the we place on families. And essential to system which no longer provides a State level they have comptime, and at that value on families is the ability of basis for meeting the needs of the cul- the Federal level they have comptime. moms and dads to find time to spend ture since the culture’s needs are vast- They have flexible working arrange- with their children. ments at the Federal level. They sim- The law has assumed for too long ly different. There are some companies that are ply do not in the private sector. No that if something is good for the em- going to very significant ends to try to ployer, it is bad for the employee. And comptime in the private sector. It is help their employees, companies like if it is good for the employee, it must against the law to have comptime in TRW, Eastman Kodak, Computer be bad for the employer. That cannot the private sector, and when it goes Sciences Corporation, the insurance be so. We will not succeed in the mar- from one week to the next. These kinds of privileges, these kinds ketplace of the next century assuming company Mass Mutual. They are find- of opportunities really would make it a that we must always fight, that we ing ways to make their employees’ must always be antagonistic or we can- lives better by offering what they can lot easier on our families. They would not be successful. As a matter of fact, in terms of flexible working arrange- give parents the ability to go and at- we know that the real key to success is ments. tend to a sick child. They would give However, the Federal law limits the teamwork, employers and employees parents the ability to attend events extent to which they can offer these working together, accommodating where children are being honored or benefits. I might just add that these each other’s needs, making sure that children are performing. They would what is good for one is good for the companies are trying—they are try- frequently give the opportunity to in- other. We have a great opportunity to ing—to match what is available in the dividuals who had built up some do that by giving employers and em- Federal system for Federal employees. comptime to take some time off, per- ployees the opportunity to have adjust- They are trying in many ways to haps extend a vacation or provide for a able work schedules and to allow for match what is available at the State 3-day weekend without sacrificing moms and dads not only to meet the system for State employees. But they their salaries. demands of the workplace, but allow cannot because they are prevented by This benefit, which is available to them to accommodate the needs of the law. Government workers in virtually every their families. They have sought to provide flexible level, is not available to workers in the America’s employers have found that working arrangements, but if you are private sector who are paid by the this adversarial basis for writing the trying to have flexible working hours, hour. But interestingly enough, sala- employment law, which happened to it has to be within a week. There can ried workers have pretty much had the have characterized the way it was writ- be no change that goes over from one ability to have flexible working ar- ten in the 1930s, is counterproductive week to another in the employment rangements for quite some time. and it hurts our competitiveness. How- week. That means generally that if you The salaried worker takes a 2-hour ever, our companies are managing need to make up an hour that you want lunch break to take care of personal within the narrow constraints of the to miss on Friday afternoon, you can- business or leaves early to go to a Federal law to establish progressive not make it up on the next Monday un- child’s soccer game. The hourly worker employment practices in cooperation less you are a Federal Government em- who sits beside the salaried worker is with their employees. ployee. tied to his or her desk and has to de- Employees are becoming owners of Oddly enough, the Federal workers prive his or her family of that same their companies through employee have had that privilege since 1978. And kind of attention. Now, this result is stock option plans, and profit-sharing what is interesting about it is that not due to their employers being un- incentives are on the rise. The benefit Federal workers have had it not only willing to help. This result is due to of giving employees greater input in since 1978, but it has been vastly suc- the Federal Government’s policy—our their decisionmaking processes is mak- cessful. When the General Accounting law under the Fair Labor Standards ing command and control style situa- Office, for example, decided to inven- Act—which makes flexible working ar- tions far less acceptable. So what we tory the extent to which individuals in rangements and comptime for private- have to do really is to find a way to ac- the Federal system respond construc- sector workers illegal. commodate these competing demands tively to flexible working times, they Some of these hourly workers have of the home place and the workplace if found that 9 out of 10 Federal workers come to Washington to tell their sto- we are going to be successful. who had an opinion on flextime said ries about how Federal policies impact Let me just stop for a moment to that it was good—it was very good—9 their everyday lives. give some data about the difference be- out of 10. It is very hard to find 9 out One of those individuals I remember tween the family as it was and family of 10 Federal workers who will agree on who came was Arlyce Robinson. She as it is. virtually anything. So the Federal was a worker who had a great story to S2412 CONGRESSIONAL RECORD — SENATE March 23, 1998 tell about working on an hourly basis, range their time so they have every Now, that became a possibility in the and the snow storm that hit the town, other Friday off. There are lots of par- Federal Government system back in hit Washington, DC, as a matter of ents who would like to have the capac- 1945. In that recognition, Congress fact. They had to send workers home, ity to take every other Friday off or a amended the Federal Employee Pay and said, you can’t work—well, they weekday off every other week. Act to allow the Federal Government closed the offices for a day. The work- These authorities, which make it employees the choice of being com- ers wanted to make up that day in the possible for Federal employees to have pensated for overtime work with either next week. But in order to make up flexible work schedules, are specific in money or time. Of course, in 1985—it that day in the next week, those 8 the law to Government employees took 40 years—the Congress gave this hours which they missed, those hours alone. And the law forbids private same choice to State and local employ- would have had to have been paid as workers to have the same kind of situ- ees, the ability of an employee to say, overtime. ation. I know of one family in my home ‘‘I would like to have some time off; in- The employer could not afford to State of Missouri, a family in the St. stead of being paid time and a half, have a 50 percent increase in his labor Louis area where there is a Federal how about time and a half off in the costs for that time, so those workers worker—one of the spouses is a Federal next pay period or at some time down simply were unable to make that time worker—the other is a private sector the road.’’ up the next week. That is a serious worker. One has the privilege of flexi- Time can be more valuable than problem for individuals who are on ble working arrangements, the other money, and certainly when it relates to that kind of a schedule and who are not does not. The disparity is stark. And our families that can be true. That has on salary but are on an hourly wage. the burden inordinately falls on the never been more true than it is today. Leslie Langford is a secretary at worker who has the flexible work ca- Yet some Members of Congress con- Mass Mutual in Springfield, MA. Her pacity because of the ability of that tinue to fight giving the same rights to husband is a printer. They have a son worker to get flexibility in the area of private-sector employees. A Family who has just had his first birthday and governmental work. But I do not think Friendly Workplace Act would give a daughter about 6 years old. She put it you should have to work for the Gov- hourly workers this same choice. this way: ernment or should have to be a salaried President Clinton recognized the ben- worker in the management pool in I’ve been an hourly employee with Mass efits of flexible work schedules when he Mutual for 14 years. As a full-time employee order to be able to be a good mom or directed the use of flexible working ar- and mother of two young children, including dad. You should be able to do it be- rangements for executive branch em- a child just over a year old, it is one of the cause our Government should not be at ployees. On July 11 of 1994, the Presi- most valuable commodities in my life. And I war with the values of this culture. dent of the United States, President can’t afford to waste any of my time, like Our Government should be reinforc- Clinton, said, ‘‘Broad use of flexible many of you. ing the values of the American culture work arrangements to enable Federal and strengthening our families—not at- She says: employees to better balance their work tacking them. And a failure on the part I find it a challenge to juggle the needs of and family responsibilities can in- of Government to allow for flexible my employer and my family. crease employee effectiveness and job working arrangements, a failure on the She wants to have the ability to have satisfaction, while decreasing turnover part of Government to allow people to comptime and flextime in the private rates and absenteeism.’’ The President work with their employees to have sector. She put it this way: has clearly recognized the value of family-friendly working arrangements, Family-friendly legislation such as this is flexible working arrangements with an is simply a way for Government to at- not only desperately needed but long overdue Executive order. He states that the tack our values rather than to under- in this country to benefit working parents broad use—broad use, not narrow use— and their children. score our values. As a matter of fact, it was as far of these arrangements to allow workers So you have situations where individ- back as 1945 that Congress recognized to come to agreement with their em- uals who work by the hour simply are that when an employee paid by the ployers is where we can find win-win not allowed by the law to cooperate hour works overtime hours, that mone- situations—better for the worker, bet- with their employers to develop work tary compensation does not always ter for the employer. schedules which will accommodate the make up for the time that the worker What does he say is the consequence? competing needs of the home place and misses with his or her family. Better balance of their work and fam- the workplace. As a result, families Now, flexible work arrangements, ily responsibilities—I underscore that; suffer. which I have mentioned, the ability to thank goodness the President believes Now, as I mentioned, salaried work- assign work from one week to next in that and cares about it—and he says ers frequently get flexible schedules be- week, to take fewer hours of work in increased employee effectiveness and cause salaried workers do not punch one week and take more hours in the job satisfaction. Wait a second, here is the clock. The boardroom and the man- next week, that is a very popular pro- job satisfaction and effectiveness, agers have flexible schedules in that gram in the Federal Government. That boosting productivity, and on the other respect. Government employees have is flextime. hand we have a win-win situation for flexible schedules because they have The compensatory time is simply the employees, with better service for the authority under the Federal Gov- when you are being asked to work their family. ernment. In 1978, Congress recognized overtime, you have the right to request This is not the old antagonism of, ‘‘It the benefit of flexible working arrange- that some of what you do by way of can’t be good for the employer unless it ments and passed the Federal Employ- overtime be reflected not in additional is bad for the employee,’’ or saying, ‘‘It ees Flexible and Compressed Work salary but you can take some time off. can’t be good for the employee unless Schedules Act. And the Senator from The overtime rules in our culture it is bad for the employer.’’ No; this is Alaska, Senator STEVENS, was the Sen- generally are, when you are asked to an opportunity to move forward in ator who helped shepherd that act into work overtime, you get time and a labor policy as saying yes, let’s make existence. half. But some people realize no matter it good for the employee and also make That act allowed the Federal Govern- how much time and a half they get it good for the employer; let’s author- ment employees to experiment with paid, that doesn’t help them get more ize people to cooperate and authorize flexible work schedules, which are still time with their families. So occasion- them to act as a team and to improve illegal in the private sector. The pro- ally they say, ‘‘Instead of paying time their performance. gram allows hourly workers to work an and a half, will you give me time and a Unfortunately, though, private-sec- extra hour one week in order to work half off instead of the payment, so in- tor employees are denied this same an hour less the next week. As a mat- stead of me working the full week next right. As I indicated before, salaried ter of fact, it goes beyond that. Some- week, I could take time and a half off people have it; Government people times people work 45 hours one week, in those hours; I would still be paid as have it, at the State and local level; so they only have to work 35 hours the if I worked a full week, but I get the the boardroom has it. But individuals next week. By doing so, they can ar- time off to be with my family.’’ working by the hour are a minority, March 23, 1998 CONGRESSIONAL RECORD — SENATE S2413 frankly, of individuals working in the demands of the family and the have elevated penalties—basically, America now. When you consider Gov- workplace. The legislation will drag double the normal penalties—in the ernment workers and salaried workers, the Fair Labor Standards Act into the event there is any abuse here. And I you get individuals working by the realities of the working family of the think you get the message that the hour. Our labor law of the 1930s pre- 1990s instead of the 1930s. Family Friendly Workplace Act is de- vents them from having this benefit. It The bill would permit the fair labor signed to be friendly to families but it makes illegal the opportunity of these standards rigid 40-hour maximum is not designed to force families into individuals to collaborate, to confer workweek schedule to be modified only any kind of a situation that they would with, to cooperate with their employ- if consented to by the employee. This not otherwise be involved in. They ers to be able to serve their families is important. There are those who say don’t have to take overtime as time more effectively. we can’t really expect this to be a fair off. They can take overtime as pay, and If everyone agrees that flexibility is situation and this will be an abused sit- that option enures to them any time good for Federal Government employ- uation. These provisions in the law prior to taking it as time off. Of ees, for salaried workers, everybody ap- that we are promoting in the Family course, you couldn’t take the time off pears to say it works for salaried peo- Friendly Workplace Act will double the and then demand to be paid for it. Ob- ple, for America’s boardrooms, why is penalties that would normally come viously, that would be inappropriate. the group of hard-working Americans, from overtime violations. They will The most successful corporations in the hourly-paid individuals, why are strengthen the hands of the worker to America reflect the new realities of they being discriminated against? Why be treated fairly. These will not pro- American life. They are decentralized, can’t they have this? The laborers of vide a place where the worker is in flexible, they are nonhierarchical. this Nation—stock clerks, mechanics, jeopardy. They will provide an oppor- Meanwhile, our workplace laws for the factory workers, clerical workers, store tunity for the worker to make good de- private sector are, unfortunately, clerks, baggage handlers, gas station cisions. I believe it is important for us stuck in a time warp of centralized, attendants—the list goes on and on— to make sure that we have those pro- hierarchal, one size, so-called, fits all, people who actually serve America, tections. and we found out that one size fits who build America, who make it pos- Under the law as proposed, we have none. America understands that there sible for this country to run, why is it strengthened substantially any penalty isn’t any single way things are done for that they are discriminated against by for an abusive corporation, any penalty everyone. We need flexibility. We need having a law prohibiting flexible work- for an employer that says that the to be able to accommodate different ing arrangements and prohibiting com- worker must work overtime and not be appeals, different needs, different pensatory time arrangements? compensated. There are a number of styles of living, kinds of living. Because Congress has decided that safeguards. Let me say this, the law I think we need to be able to accom- they cannot make these decisions for provides this is at the option of the modate individuals in this respect. themselves; is that it? Is it that the worker. So if the worker says, ‘‘I would Congress has ignored the realities faced Congress feels the backbone of the Na- like to take time and a half off down in the workplace and families too long. tion doesn’t have the requisite intel- the road, instead of having time-and-a- American workers need the Govern- lect to figure out whether they would half pay, I would like to be able to do ment to get out of the way so that be better served by time and a half off that,’’ that gives the worker that op- Americans can work in partnership instead of time-and-a-half pay? That tion. But in order to protect the work- with and in cooperation with their em- somehow these private sector workers er in that option, we have made it pos- ployers, not just against their employ- who work by the hour are not as bright sible that any time after that decision ers. That is what will characterize as the Government workers who work is made the worker is eligible to America in the next century, if we are by the hour and therefore don’t have change his or her mind. So imme- successful. the capacity to make these judgments? diately, the next week, 2 weeks later, Now, I believe it is essential that we Surely that can’t be the case. I know or any time prior to taking the time act on flextime and comptime this that it is not the case. and a half off, the worker is able to year. The American people, at about 80 Frequently during my opportunity to say, ‘‘Cash me out, I want the money.’’ percent of the people, believe this is return to my home State, I spend time This is a little bit of a burden on the something we ought to do. This has working in jobs in a variety of settings. employer, because the employer can’t been delayed over and over again. The I have sacked groceries, I have sacked count on not having to pay the money. Democrats delayed this benefit on a seed corn, I have worked to manufac- The employer will have to maintain a number of occasions last year, and ture windows, I have worked in a whole readiness to cash it out if it is over- today there were individuals from the variety of settings, and I have learned time that was worked for pay instead other side of the floor saying how they one thing—that the American people of work for compensatory time. But want to debate, want to be able to are bright people. They know whether employers are willing to do this. Em- bring amendments to the floor. they need time off. They know whether ployers are also willing to provide this In our last effort to bring this to the they would rather have time with their option because they want to help work- floor, we brought it to the floor and families or overtime pay, and they ers meet these needs. those on the other side of the aisle would, by far, appreciate the oppor- So there is a safeguard in the bill would not bring any amendments. tunity to be able to cooperate so that that it gives the worker the right to They would not allow us to go to a they could make that choice. The poll cash it out at any time. It also pro- vote. They would not bring amend- data on this issue bears that out. The vides that at the end of the year, if ments. They would just talk because American people do not believe that there is a great accumulation or if they were not interested in amend- Government should prohibit them from there is any accumulation of compen- ments. They were not interested in ne- making these kinds of decisions and satory time, the time is cashed out so gotiations. There were no serious nego- choices. As a matter of fact, they think that the money is given. This is de- tiations. They were just interested in that big Government, which would pro- signed to make it so that there aren’t stalling. They were just interested in hibit that kind of awareness and activ- inordinate opportunities or accumula- filibustering. They were just interested ity, is sad and that it deprives them of tions of compensatory time that are in prohibiting the American people their ability to serve their family. never paid off. As a matter of fact the from having these kinds of flexible, Now the Family Friendly Workplace company will have to pay at the end of working arrangements at the salaried- Act is an act that is designed to cor- every year, any unused compensatory worker level. Now we know they can’t rect the inequity. It recognizes that time. stop them from having them at the hourly workers, the people who build So you have the ability of the worker hourly level. They can’t stop them at America, should have the opportunity to cash in the compensatory time at the salaried-worker level. They already to cooperate with their employers to any time. You have the requirement have those arrangements. We know work out arrangements, to help those that the company pay off the compen- Government workers have these ar- hourly workers find time to balance satory time at the end of the year. You rangements already, too. S2414 CONGRESSIONAL RECORD — SENATE March 23, 1998 Today we heard a lot of speeches not force them to do that. Let’s give same kind of benefits that are enjoyed about how we need to debate openly them the opportunity to have flexible by people in the boardroom, that allow and bring amendments to the floor, working arrangements, to get some hourly workers in the private sector to how we need to make sure that there is comptime built up, or to work flexible have the same kind of benefits that sal- lots of discussion and we get votes on a working hours. aried workers in the private sector variety of things. I think that is an im- 10.4 percent of the people who took have and the same kind of benefits portant concept that I would like to medical leave had to go on public as- hourly workers have had in Govern- see honored as it relates to this agenda sistance in order to make ends meet. I ment. for the American people. We are going don’t think that’s the way we want to Comptime has been available at the to debate and act on flextime this year. have people accommodate the needs of Federal Government level since 1945. I can indicate with a relatively high their families, by going on public as- Comptime has been available for State degree of confidence that this is a Sen- sistance. and local governments since 1985. ator who is going to do everything pos- 41.9 percent of the individuals who Flexible working arrangements have sible to make sure that we get that went on family and medical leave had been available for individuals in the done. I think it is important, because to stop paying their bills because, in Federal Government since 1978. That is it is an agenda that is important to the order to take leave, they had to stop when we began the program. The Presi- American people. getting their paychecks. dent of the United States lauded the There will be those who talk about Now, it seems to me that we have a program officially and extended it by other ways to try and help the Amer- real choice here. Family and medical Executive order in the mid-1990s to ican people. I know last year they said leave says if you want to serve your Government workers, and it is time to what we really need is a different plan family, yes, you can take time off, but say, wait a second, we really can’t af- for more medical and family leave. The you have to lose your income, you have ford to have this second-class group of family and medical leave provisions in to take a pay cut when you take time citizens that we will call hourly work- the law now which allow a worker to off. But with the Family Friendly ers in America. They are not the Gov- say to the employer, ‘‘I’ve got a sick- Workplace Act, with flexible and com- ernment workers, they are not salaried ness in the family and I’m going to pensatory time available to individ- workers, and they are not boardroom take time to leave for that sickness,’’ uals, you don’t have to take a pay cut. workers; they are just hourly workers. that allows a person to leave the work- You are able to build up some time by We can’t afford to give them a lower place, but a person that leaves under having compensatory time available, standard. We should not be saying to family and medical leave law, when and when the time comes that you them: You can’t have the same kind of they leave, their pay stops. need to take some time off, you can do benefit for a win-win situation. You So in order to be a good parent under it without taking the pay cut. I think can’t cooperate with your employer. the Family and Medical Leave Act, you if it kept 28.1 percent of the people You can’t make it possible for your have to take a pay cut. Any time you doing it from having to borrow money, family to endure some of the struggles leave under that particular law, your or another 10.4 percent from going on you endure without going into debt, on pay terminates. welfare, or 41.9 percent from putting off welfare, or not paying your creditors. Now, what we are looking for, I think bills, not paying their bills, when you We don’t want you to have that kind of what is very important, is in the area put those numbers together, there is a potential. of flextime and comptime people don’t tremendous group of individuals who I think we ought to extend the poten- have to take a pay cut in order to be a find themselves severely stressed, bor- tial of family-friendly, flexible work- good parent. They can meet the needs rowing money, going on welfare, not place opportunities, including of the home place and leave the work- paying their bills. Those are the kinds comptime, to all the families of Amer- ing place, because they have built up of things we don’t want to add, in ica. As I indicated earlier, this is not some comptime or they have flexible terms of stress, to the American fam- the first time this subject has been de- working arrangements and they don’t ily. bated in the U.S. Congress. This sub- have to take a pay cut to do it. If you said to people that in order to ject has been debated on a couple of oc- Now, it seems to me that there is a be a good mom or dad, you have to go casions. But in no circumstance have real problem in saying that the solu- on welfare, I think we would say that is individuals on the other side of the tion to the country’s distress is mak- an affront to the dignity of the Amer- aisle been willing to go to a vote in ing people take pay cuts in order to be ican worker, that is an assault on the this matter. While earlier today there a good mom or dad. Most of the time value of work, that is an assault on the was quite a discussion about the need when you have both people in the work character of what it means to be an to go to a vote and to have amend- force, it is because they need the American or to be productive. Or if we ments, when this issue was brought up money. If you just read the Washington said that in order to be a good mom or previously, there was not a single indi- Post, I believe from this past Sunday, dad and take some time off, you have vidual who brought an amendment to there is a big feature that indicates to stiff your creditors 42 percent of the the floor to add to this legislation. For people have both breadwinners in the time, you have to stop paying your days, we talked about this legislation, workplace because they can’t make bills, the American people don’t want but no one would bring an amendment. ends meet without both of them work- to do that. They should not want to do It wasn’t because there was an agree- ing there. And to tell them, if you want that. Or that you have to go to a bank ment with the legislation; it was mere- to be a good parent, you can just take or a loan company to borrow money, ly a way to try to keep us from voting, a pay cut and do so under an expanded run up your credit card debt, and pay which they were successful in doing, by Family and Medical Leave approach is outrageous interest in order to be able stonewalling. Now, the American work- foolhardy. to accommodate a sick child or witness ing people should not be stonewalled. Look what happens to people when your child’s participation in the school The working arrangements of the 1930s they are involved in the Family and play. simply do not fit the families of the Medical Leave Act. Leave-takers, ac- The American people don’t think 1990s. We have in many, many families cording to a Government study here— they ought to have to take these kinds both parents in the workplace, and we and this was a study that was popu- of pay cuts, borrow money, go on pub- need the flexibility to get the job done lated by Members of the Senate and lic assistance, or put off paying their well. overseen by a variety of Government bills. That is why, at an amazing rate, Here is a letter from a security guard individuals—people lose wages when they indicate their preference is not to who occasionally gets overtime: they take medical leave. Here is how have this kind of mandated pay cut, but to have family-friendly workplace The federal government should do every- they have to make up for what they thing it can to promote family life, particu- have done: arrangements that allow hourly work- larly since both parents typically work in to- 28.1 percent of the people had to bor- ers to have the same kind of benefits day’s world. row money to make up for the wages that salaried workers already have, Given the choice, which the Family they lost in medical leave. Well, let’s that allow hourly workers to enjoy the Friendly Workplace Act allows, parents March 23, 1998 CONGRESSIONAL RECORD — SENATE S2415 would have the ability to be with their kids So I think we are going to have a period of morning business with Sen- on occasions when current guidelines pro- great opportunity in this session. I ex- ators permitted to speak for up to 5 hibit. In my case, my job as a security guard pect that it will be a great opportunity minutes each. occasionally calls for overtime. Under this as we legislate in this particular mat- The PRESIDING OFFICER. Without legislation, I would be allowed the choice to receive pay or to be more involved in coach- ter. We are going to have the oppor- objection, it is so ordered. ing, attending school events and other gen- tunity to provide flextime and f comptime to America’s private-sector eral activities my kids are involved with. THE VERY BAD DEBT BOXSCORE Our government serves people in many hourly workers. It is a privilege that is ways, but there is no better way to serve understood by the salaried workers in Mr. HELMS. Mr. President, at the than building strong families, which the the private sector, understood by both close of business Friday, March 20, 1998, Family Friendly Workplace Act obviously the hourly and salaried workers in the federal debt stood at seeks to accomplish. Government. Flextime is understood $5,538,571,184,190.64 (Five trillion, five There is a security guard that I think by people in the Federal Government hundred thirty-eight billion, five hun- feels capable of making judgments system. Comptime is understood by, dred seventy-one million, one hundred about whether or not he wants to be and enjoyed by, people in government eighty-four thousand, one hundred paid for all of his overtime, or whether systems everywhere, State, local and ninety dollars and sixty-four cents). he would like to be able to opt to have Federal. One year ago, March 20, 1997, the fed- some time off. I am just delighted that We have delayed this benefit package eral debt stood at $5,369,250,000,000 there are moms and dads in America for too many days. I say ‘‘we,’’ and I (Five trillion, three hundred sixty-nine that would like to be more involved in have done that to label the U.S. Sen- billion, two hundred fifty million). coaching, attending school events, and ate. But the delay has come from the Twenty-five years ago, March 20, other general activities with kids. Yet, other side of the aisle. No amendments 1973, the federal debt stood at our Government is keeping that from were offered when we brought this up $456,695,000,000 (Four hundred fifty-six happening. before, but no vote was allowed. It’s billion, six hundred ninety-five mil- Here is a letter from a 29-year-old time that we have serious amend- lion) which reflects a debt increase of working mother: ments, serious negotiations, and that more than $5 trillion— I am a 29 year old working mother. I have we seriously embark upon providing $5,081,876,184,190.64 (Five trillion, a two-year-old daughter and am pregnant the people of this country with this op- eighty-one billion, eight hundred sev- and due. . . . enty-six million, one hundred eighty- I recently heard about your Family portunity to serve their families. Today’s speeches about how we need four thousand, one hundred ninety dol- Friendly Workplace Act. Under the current lars and sixty-four cents) during the law, the law firm in which I am employed to debate openly and bring amend- does not allow me to have a flexible work ments on a family-friendly agenda past 25 years. schedule. could not be more on point. So let’s f No wonder it doesn’t; the law doesn’t have the debate, let’s have the family- MUHAMMAD ALI—ATHLETE OF allow it. friendly agenda, let’s have those THE CENTURY In my current condition, I need to be able amendments as it relates to the oppor- Mr. HATCH. Mr. President, I am de- to take off for doctor appointments. Due to tunity for hourly workers in the pri- lighted that my dear friend Muhammad the fact that I have a complication in my vate sector to be able to spend time pregnancy, I have more appointments than Ali has been named by Gentlemen’s with their families as a result of vol- Quarterly as Athlete of the Century. average. If I was able to take time in one untary agreements with their employ- week and work more the next, it would be We have had many noteworthy ath- very helpful to me and other mothers. .. ers, to have flexible working arrange- letes in this century—the century that My two-year-old daughter is healthy, but ments and compensatory time arrange- has brought us modern sport. Excel- there are some days when she needs extra at- ments similar to those of salaried lence has been personified by such tention and some days that she is sick. Some workers and similar to those of Gov- sports heroes as Lou Gehrig, Babe days she is just two! ernment workers. Didrickson Zaharias, Bobby Orr, Wal- Those of us who are parents are fa- We are going to debate and act on ter Payton, and Michael Jordan. But, miliar with kids that are ‘‘just two.’’ flextime and comptime this year. I to my mind, though this company is If I was able to take the time I needed for look forward to the debate very much. clearly outstanding, GQ made the obvi- some mornings and make it up the next I am grateful for the opportunity to ous choice. week, it would make my life much easier. submit this amendment in this respect. Muhammad Ali’s road to sports im- Well, these letters are just a few. As Mr. President, I suggest the absence mortality began on January 17, 1942, in we debate these issues during this ses- of a quorum. Louisville, Kentucky. Introduced to The PRESIDING OFFICER (Mr. sion and over the next few days or as boxing at the age of 12, Ali won Na- HAGEL). The clerk will call the roll. we approach voting on this particular tional AAU and Golden Gloves titles. measure, I would just say that it is fun- The legislative clerk proceeded to call the roll. He brought home the Olympic gold damentally important for us to recog- medal from Rome in 1960. nize the need to provide America’s Mr. ASHCROFT. Mr. President, I ask unanimous consent that the order for After turning professional, he working families with the same kind of stunned the sports world by defeating advantage, with flexible time, which the quorum call be rescinded. The PRESIDING OFFICER. Without the also great boxer Sonny Liston in American families that work for Gov- objection, it is so ordered. 1964. His victories over such accom- ernment have. If it’s good enough for f plished opponents as Liston, Floyd Government workers, it is good enough Patterson, Ernie Terrell, Joe Frazier, for private workers. If Government APPOINTMENT OF CONFEREES— George Foreman, and Ken Norton workers are smart enough to know H.R. 2472 make him, in my mind, the greatest when they want comptime as compared The PRESIDING OFFICER. Pursuant boxer of all time. to pay and are able to figure that out to the order of February 12, 1998, the But Ali’s greatness goes beyond his and when they would like to be able to Chair appoints the following conferees physical strength and athleticism, In rearrange their schedules to be in- to H.R. 2472. 1964, he converted to the religion of volved with their children, I firmly be- The Chair appointed Mr. MURKOWSKI, Islam, adopting a set of beliefs for lieve that private workers have the Mr. NICKLES, Mr. CRAIG, Mr. THOMAS, which he would sacrifice a great deal. same kind of intelligence and capacity. Mr. BUMPERS, Mr. BINGAMAN, and Mr. In 1967, at the height of his career, he I think it is incumbent upon those of AKAKA conferees on the part of the was convicted of draft evasion and us in Government to make sure that Senate. stripped of his heavyweight title. For a we begin to legislate policy which is f period of three years, Ali was shunned consistent with the principles of Amer- by the boxing world and vilified by ica and the principle of strong families, MORNING BUSINESS many who had previously hailed him. which is one we ought to be careful to Mr. ASHCROFT. Mr. President, I ask The conviction was eventually over- understand and reinforce. unanimous consent that there now be a turned by the United States Supreme S2416 CONGRESSIONAL RECORD — SENATE March 23, 1998 Court, and Ali turned to the ring in There being no objection, the bill was and Dade and Broward counties in South 1970 and took on Joe Frazier in the ordered to be printed in the RECORD, as Florida have to do with the contentious ‘‘Fight of the Century.’’ This bout, be- follows: issue of language. While nine out of 10 of the tween the only two undefeated fight- youths surveyed spoke a language other than [From the New York Times, Mar. 21, 1998] English at home, almost exactly the same ers, resulted Ali’s ascension as the un- BEST STUDENTS ARE IMMIGRANTS’ CHILDREN, proportion, 88 percent, preferred English by disputed heavyweight champion of the STUDY SAYS the end of high school. world. Ali brought speed and grace to (By Celia W. Dugger) Rumbaut wrote, ‘‘The findings suggest the world of boxing, demonstrating A multiyear survey that is the largest ever that the linguistic outcomes for the third how to ‘‘flit like a butterfly and sting of the children of immigrants—who now ac- generation—the grandchildren of the current like a bee.’’ count for almost one in five American chil- wave of immigrants—will be no different Ali held this title until 1978 when he dren—found that they overwhelmingly prefer than what has been the age-old pattern in lost a hard fought bout to Leon Spinks English to their parents’ native tongues and American history: The grandchildren may learn a few foreign words and phrases as a in 15 rounds on points. But, just seven have higher grades and steeply lower school dropout rates than other American children. quaint vestige of their ancestry, but they months later, he dethroned Spinks and will most likely grow up speaking English recaptured the title for an unprece- While a majority of those surveyed, who were predominantly Hispanic, Asian and only.’’ And the professor also pointed to the as- dented third time. black children, said they had personally ex- cendancy of English as evidence of the irrele- I have come to admire Ali, however, perienced discrimination, an even larger ma- vance of a California ballot initiative that not just for his unparalleled skill in jority of them said they still believed that could end bilingual education, which has the boxing ring, but also for his faith the United States is the best country in the been depicted as an impediment to the acqui- and his humanity. world to live in. The youths were adolescent. sition of English. ‘‘English is triumphing Ali has traveled the world on human- The lead researchers on the study describe with breathtaking rapidity,’’ he said. these findings as reassuring indications that itarian missions. And he has given The study presents a generally upbeat por- the children of immigrants are unlikely to most unselfishly, particularly to young trayal of the children of immigrants as am- form a new multiethnic underclass, as some people. During his recent visit to Utah bitious, hopeful and resilient in the face of experts fear, cut off from the mainstream by discrimination. he was never without a gaggle of kids academic failure and an inability to speak surrounding him. Even though the ef- In San Diego, the children of immigrants English. had better grades than their American peers fects of Parkinson’s disease have made But the researchers also say it is still an speech difficult, he really does not need in every grade. The gap narrowed over time, open question how well these young people largely because the poorly performing chil- to talk to communicate. He exudes will do in college and the job market, a cau- dren of immigrants were more likely to stay kindness and friendship. tion shared by other experts. in school than their peers who were not the I am honored to count Ali and his The researchers said that the survey children of immigrants, the researchers say. wonderful wife Lonnie among my brought into sharp relief the extraordinary In South Florida, the school districts were friends. I commend the writers and edi- diversity of the children of immigrants, not unable to provide the researchers with grade- only by national origin, but by social class. tors at GQ for selecting Ali for this point averages for the district as a whole. It reaches from the young of Chinese and In- But when the researchers analyzed how the very significant distinction. No one de- dian couples from highly educated, upper- serves it more. He’s the greatest. children of immigrants were faring by na- middle-class backgrounds to Mexicans and tional origin, they found that levels of scho- SUCCESS OF IMMIGRANT CHILDREN Dominicans from the humblest origins. lastic success diverged sharply. Generally, Mr. KENNEDY. Mr. President, ac- ‘‘What can certainly be predicted now is the children whose immigrant parents had cording to a recent study by sociolo- that the destinies of these youth will di- better educations and jobs and who came gists at Michigan State University, and verge,’’ said Professor Ruben Rumbaut, a so- from stable, two-parent families were pre- ciologist at Michigan State University. Princeton University, one of the great dictably more successful, with a few star- ‘‘Some will go up and some will go down.’’ tling exceptions. contributions of immigrants to Amer- The survey, which shows that the children ica, in addition to their own skills and The children of Chinese, Indian, Japanese of immigrants outperform their American and Korean parents had the highest grade- hard work, is the values they instill in peers and that those from more advantaged point averages, A’s and B’s. English-speaking their children—respect for hard work, backgrounds do better than poorer children, West Indians had lower grades, C’s and C- doing well in school, succeeding will inevitably become fodder for the larger pluses. Latin American and Haitian youths against the odds, loving their families debate about the United States’ immigration performed most poorly, with averages that and their cultures, and an abiding be- policy. were slightly higher or lower than a C. Supporters of the current high levels of im- lief that the United States is the best But a few groups defied what would have migration will cite the achievements of been expected based on their socioeconomic country in the world. these young people, while critics may find Contrary to many of the myths about status. The children of Southeast Asian refu- reinforcement for their view that national gees, who came from the most impoverished immigrants, this study concludes that policy should be titled to favor more highly backgrounds and whose parents were among the vast majority of immigrant chil- skilled and educated immigrants. the least educated, were also among the dren learn English. Nine out of 10 The research team, led by Rumbaut and least likely to drop out of school and had speak their native languages at home, Professor Alejandro Portes, a sociologist at above-average grades. They did it by study- but 88 percent preferred English by the Princeton University, first interviewed 5,200 ing for longer hours and watching less tele- time they completed high school. youngsters in Southern California and South vision than many of the other children of im- Florida in 1992 when the youths were in the migrants, the study found. This study is also significant because eighth or ninth grades, and then tracked it does not gloss over the challenges And the children of Cuban immigrants, down 82 percent of them for a second inter- who were from average to above-average so- that many immigrant families face view in 1995 and 1996 when most of them were cioeconomic backgrounds, had the highest along the way. The study reminds us high school seniors. dropout rates and among the lowest grades that immigrant children struggle This fall, another team of sociologists will (an average of C or C-plus), the survey re- against discrimination and anti-immi- begin a large-scale survey of the grown chil- ported. The Cuban children, who belonged to grant attitudes and policies. The study dren of immigrants in New York City and its the dominant group in metropolitan Miami found that as a result of attacks on im- suburbs, focusing on adults 18 to 32 years old, faced less discrimination than any other rather than adolescents. migrants in public policy in recent group in the survey, the researchers said. The number of children who are either im- The children of Cubans did worse academi- years, children of immigrants were less migrants or the American-born offspring of cally than the children of Mexicans, who are likely to regard themselves as ‘‘Ameri- immigrants grew to 13.7 million last year, one of the poorest and by far the largest im- cans’’ and more likely to regard them- from 8 million in 1990, making them the fast- migrant group in the United States. selves as members of their ethnic est-growing segment of the U.S. population The findings about Cubans were among the groups. This kind of polarization could under the age of 18, according to a new anal- survey’s most startling to Rumbaut and have profound consequences for our so- ysis of census data by Rumbaut. Portes and their colleague, Lisandro Perez, ciety in the future, and we need to be The $1 million survey of the children of im- director of the Cuban Research Center at migrants was financed by the Russell Sage, vigilant against it. Florida International University, who are all Andrew W. Mellon, Spencer and National Cuban immigrants themselves. Mr. President, I ask unanimous con- Science Foundations. The researchers pro- Portes had earlier hypothesized that Cuban sent that a March 21 article in the New vided their findings to The New York Times. youths would use their economically power- York Times on this study may be Among the most striking findings of the ful ethnic enclave as a springboard to higher printed in the RECORD. bicoastal survey of children from San Diego education and the middle class, much as March 23, 1998 CONGRESSIONAL RECORD — SENATE S2417 Eastern European Jews did in an earlier Angola that was declared in Executive points in Angola to which the articles wave of immigration. Order 12865 of September 26, 1993. This otherwise prohibited by the Regula- ‘‘As it turns out, the enclave may not be a report is submitted pursuant to section tions may be shipped: Airports: Luanda springboard,’’ Perez said, ‘‘but a cushy net 401(c) of the National Emergencies Act, and Katumbela, Benguela Province; that means you don’t have to depend exclu- sively on education for a job. It may be that 50 U.S.C. 1641(c), and section 204(c) of Ports: Luanda and Lobito, Benguela Cubans are right, and will do better going to the International Emergency Eco- Province; and Namibe, Namibe Prov- work at an uncle’s factory in Hialeah. We’re nomic Powers Act, 50 U.S.C. 1703(c). ince; and Entry Points: Malongo, not certain how it will translate economi- On September 26, 1993, I declared a Cabinda Province. Although no specific cally.’’ national emergency with respect to the license is required by the Department The survey also found some intriguing National Union for the Total Independ- of the Treasury for shipments to these changes in the way the children of immi- ence of Angola (‘‘UNITA’’), invoking designated points of entry (unless the grants identified themselves, possibly re- the authority, inter alia, of the Inter- item is destined for UNITA), any such flecting their altered relationship to the rest national Emergency Economic Powers of American society or perhaps just adoles- exports remain subject to the licensing cent rebelliousness. Act (50 U.S.C. 1701 et seq.) and the requirements of the Departments of When the youths were first interviewed, United Nations Participation Act of State and/or Commerce. more than half labeled themselves as hy- 1945 (22 U.S.C. 287c). Consistent with 2. On August 28, 1997, the United Na- phenated Americans or as plain Americans. United Nations Security Council Reso- tions Security Council adopted UNSCR That sounded like old-fashioned assimilation lution (‘‘UNSCR’’) 864, dated Septem- 1127, expressing its grave concern at and it might have been expected that, three ber 15, 1993, the order prohibited the the serious difficulties in the peace years later, even more of the youths would sale or supply by United States persons process, demanding that the Govern- have chosen an American identity. or from the United States, or using ment of Angola and in particular But the results of the second interview, conducted in the months after California’s U.S.-registered vessels or aircraft, of UNITA comply fully and completely passage of Proposition 187, the initiative arms and related material of all types, with those obligations, and imposing that called for restricting social and edu- including weapons and ammunition, additional sanctions against UNITA. cational benefits to illegal immigrants, military vehicles, equipment and spare Subsequently, the Security Council turned those expectations on their head. parts, and petroleum and petroleum adopted UNSCR 1130 postponing the ef- Only a third of the youths in Southern products to the territory of Angola fective date of measures specified by California picked an American identity the other than through designated points UNSCR 1127 until 12:01 a.m., eastern second time around, while almost half iden- of entry. The order also prohibited standard time, October 30, 1997, at tified themselves by their national identity, which time they went into effect. especially youths of Mexican and Filipino such sale or supply to UNITA. United descent, who belong to the two largest immi- States persons are prohibited from ac- On December 12, 1997, I issued Execu- grant groups in the United States. tivities that promote or are calculated tive Order 13069 to implement in the The researchers interpreted the change as to promote such sales or supplies, or United States the provisions of part of a backlash among these youth from attempted violations, or from UNSCRs 1127 and 1130 (62 Fed. Reg. against what they perceived as immigrant evasion or avoidance or transactions 65989, December 16, 1997). Executive bashing that surfaced in the campaign for that have the purpose of evasion or Order 13069 prohibits (a) the sale, sup- Proposition 187. avoidance, of the stated prohibitions. ply, or making available in any form, In South Florida the pattern was different, by United States persons or from the but equally striking. The proportion identi- The order authorized the Secretary of fying themselves by some kind of American the Treasury, in consultation with the United States or using U.S.-registered label dropped to about a third, while those Secretary of State, to take such ac- vessels or aircraft, of any aircraft or who chose ethnic identities such as Hispanic tions, including the promulgation of aircraft components, regardless of ori- or black doubled to 38 percent, mainly rules and regulations, as might be nec- gin; (i) to UNITA; (ii) to the territory among Latin Americans and Jamaicans. essary to carry out the purposes of the of Angola other than through a speci- The more militant, nationalistic identities order. fied point of entry; (b) the insurance, assumed by Mexicans and Filipinos in Cali- 1. On December 10, 1993, the Depart- engineering, or servicing by United fornia, and the minority-groups identities States persons or from the United chosen in Florida, reflected the youths’ ris- ment of the Treasury’s Office of For- ing awareness ‘‘of the ethnic and racial cat- eign Assets Control (OFAC) issued the States of any aircraft owned or con- egories in which they were persistently clas- UNITA (Angola) Sanctions Regulations trolled by UNITA; (c) the granting of sified by mainstream society, Rumbaut (the ‘‘Regulations’’) (58 Fed. Reg. 64904) permission to any aircraft to take off wrote. to implement the imposition of sanc- from, land in, or overfly the United In one of the more troubling findings of the tions against UNITA. The Regulations States if the aircraft, as part of the study, the young people who identified them- prohibit the sale or supply by United same flight or as a continuation of that selves by ethnic identities like Chicano or States persons or from the United flight, is destined to land in or has Latino in junior high had lower grades and somewhat higher dropout rates than the States, or using U.S.-registered vessels taken off from a place in the territory other children studied. This finding lends or aircraft, of arms and related mate- of Angola other than a specified point support to analysts who have suggested that riel of all types, including weapons and of entry; (d) the provision or making children of immigrants who come to identify ammunition, military vehicles, equip- available by United States persons or with American minorities may take on ‘‘op- ment and spare parts, and petroleum from the United States of engineering positional’’ identities and see doing well in and petroleum products to UNITA or to and maintenance servicing, the certifi- school as ‘‘acting white.’’ the territory of Angola other than cation of airworthiness, the payment of f through designated points. United new claims against existing insurance REPORT CONCERNING THE NA- States persons are also prohibited from contracts, or the provision, renewal, or TIONAL EMERGENCY WITH RE- activities that promote or are cal- making available of direct insurance SPECT TO ANGOLA—MESSAGE culated to promote such sales or sup- with respect to (i) any aircraft reg- FROM THE PRESIDENT—PM 114 plies to UNITA or Angola, or from any istered in Angola other than those transaction by any United States per- specified by the Secretary of the Treas- The PRESIDING OFFICER laid be- sons that evades or avoids, or has the ury, in consultation with the Secretary fore the Senate the following message purpose of evading or avoiding, or at- of State, and other appropriate agen- from the President of the United tempts to violate, any of the prohibi- cies; (ii) any aircraft that entered the States, together with an accompanying tions set forth in the Executive order. territory of Angola other than through report, which was referred to the Com- Also prohibited are transactions by a specified point of entry; (e) any mittee on Banking, Housing, and United States persons, or involving the transaction by any United States per- Urban Affairs. use of U.S.-registered vessels or air- son or within the United States that To the Congress of the United States: craft, relating to transportation to An- evades or avoids, or has the purpose of I hereby report to the Congress on gola or UNITA of goods the exportation evading or avoiding, or attempts to the developments since my last report of which is prohibited. violate, any of the prohibitions set of September 24, 1997, concerning the The Government of Angola has des- forth in this order. Specific licenses national emergency with respect to ignated the following points of entry as may be issued on a case-by-case basis S2418 CONGRESSIONAL RECORD — SENATE March 23, 1998 authorizing, as appropriate, medical THE WHITE HOUSE, March 23, 1998. EC–4132. A communication from the Vice emergency flights or flights of aircraft f Chairman of the Federal Election Commis- carrying food, medicine, or supplies for sion, transmitting, pursuant to law, the re- EXECUTIVE AND OTHER port of 60 recommendations for legislative essential humanitarian needs. Execu- COMMUNICATIONS action; to the Committee on Rules and Ad- tive Order 13069 became effective at ministration. 12:01 a.m., eastern standard time, De- The following communications were EC–4133. A communication from the Direc- cember 15, 1997. laid before the Senate, together with tor of the Office of Management and Budget, There have been no amendments to accompanying papers, reports, and doc- Executive Office of the President, transmit- the Regulations since my report of uments, which were referred as indi- ting, pursuant to law, the report on direct September 24, 1997. cated: spending or receipts legislations within seven days of enactment; to the Committee EC–4121. A communication from the Pro- 3. On December 31, 1997, OFAC issued on the Budget. an order to the Center for Democracy gram Manager of Pentagon Renovation, Of- EC–4134. A communication from the Gen- in Angola (‘‘CEDA’’ or ‘‘CDA’’) to im- fice of the Secretary of Defense, transmit- eral Counsel of the Department of Housing mediately close its offices in the ting, pursuant to law, a report relative to and Urban Development, transmitting, pur- cost estimates; to the Committee on Appro- suant to law, the report of a rule received on United States as required by Executive priations. Order 13069. The CEDA responded that March 12, 1998; to the Committee on Indian EC–4122. A communication from the Archi- Affairs. it had closed its only U.S. office, lo- tect of the Capitol, transmitting, pursuant EC–4135. A communication from the Assist- cated in Washington, D.C., in compli- to law, the report of all expenditures from ant Secretary of the Interior for Indian Af- ance with Executive Order 13069. April 1 through September 30, 1997; to the fairs, transmitting, pursuant to law, the re- The OFAC has worked closely with Committee on Appropriations. port of a rule received on February 25, 1998; the U.S. financial and exporting com- EC–4123. A communication from the Acting to the Committee on Indian Affairs. munities to assure a heightened aware- Assistant Secretary of Defense (Health Af- EC–4136. A communication from the Chief, fairs), transmitting, pursuant to law, a re- ness of the sanctions against UNITA— Programs and Legislation Division, Office of port relative to Gulf War veterans; to the Legislative Liaison, Department of the Air through the dissemination of publica- Committee on Armed Services. Force, transmitting, pursuant to law, the re- tions, seminars, and a variety of media, EC–4124. A communication from the Direc- port of the initiation of a multi-function including via the Internet, Fax-on-De- tor of Defense Procurement (Acquisition and cost comparison; to the Committee on mand, special fliers, and computer bul- Technology), Office of the Under Secretary Armed Services. letin board information initiated by of Defense, transmitting, pursuant to law, EC–4137. A communication from the Acting OFAC and posted through the U.S. De- the report of a rule relative to restructuring Secretary of Veterans’ Affairs, transmitting, partment of Commerce and the U.S. costs received on February 12, 1998; to the a draft of proposed legislation entitled ‘‘The Committee on Armed Services. Servicemembers’ and Veterans’ Group Life Government Printing Office. There EC–4125. A communication from the Office Insurance Accelerated Death Benefits Act’’; have been no license applications under of Acquisition and Technology, Under Sec- to the Committee on Veterans’ Affairs. the program since my last report. retary of Defense, transmitting, pursuant to EC–4138. A communication from the Sec- 4. The expenses incurred by the Fed- law, the report entitled ‘‘Restructuring Cost retary of Labor, transmitting, pursuant to eral Government in the 6-month period Associated With Business Combinations’’; to law, a report relative to veterans, Reservists, from September 26, 1997, through the Committee on Armed Services. and National Guard members; to the Com- EC–4126. A communication from the Direc- mittee on Veterans’ Affairs. March 25, 1998, that are directly attrib- EC–4139. A communication from the Direc- utable to the exercise of powers and au- tor of Defense Procurement (Acquisition and Technology), Office of the Under Secretary tor of the Office of Regulations Management, thorities conferred by the declaration of Defense, transmitting, pursuant to law, Department of Veterans’ Affairs, transmit- of a national emergency with respect the report of thirty-one rules received on ting, pursuant to law, the reports of three to UNITA are about $80,000, most of February 25, 1998; to the Committee on rules; to the Committee on Veterans’ Affairs. which represent wage and salary costs Armed Services. EC–4140. A communication from the Assist- for Federal personnel. Personnel costs EC–4127. A communication from the Office ant Legal Adviser for Treaty Affairs, Depart- ment of State, transmitting the report of the were largely centered in the Depart- of the Under Secretary of Defense (Acquisi- tion and Technology), transmitting, pursu- texts of international agreements, other ment of the Treasury (particularly in than treaties, and background statements; the Office of Foreign Assets Control, ant to law, a report relative to federally funded research and development centers; to to the Committee on Foreign Relations. the U.S. Customs Service, the Office of the Committee on Armed Services. EC–4141. A communication from the Assist- the Under Secretary for Enforcement, EC–4128. A communication from the Under ant Legal Adviser for Treaty Affairs, Depart- and the Office of the General Counsel) Secretary of Defense (Personnel and Readi- ment of State, transmitting the report of the and the Department of State (particu- ness), transmitting, pursuant to law, a no- texts of international agreements, other larly the Office of Southern African Af- tice relative to the Defense Manpower Re- than treaties, and background statements; quirements Report; to the Committee on to the Committee on Foreign Relations. fairs). EC–4142. A communication from the Direc- Armed Services. I will continue to report periodically tor of the Defense Security Assistance Agen- EC–4129. A communication from the Under to the Congress on significant develop- cy, transmitting, pursuant to law, the report Secretary of Defense (Acquisition and Tech- of a Presidential Determination relative to ments, pursuant to 50 U.S.C. 1703(c). nology), transmitting, pursuant to law, the Cambodia; to the Committee on Foreign Re- WILLIAM J. CLINTON. report of commercial activities for fiscal THE WHITE HOUSE, March 23, 1998. lations. year 1997; to the Committee on Armed Serv- EC–4143. A communication from the Presi- f ices. dent of the United States, transmitting, pur- EC–4130. A communication from the Direc- suant to law, a report relative to the REPORT OF THE NATIONAL EN- tor of Defense Procurement (Acquisition and Chinasat-8 satellite program; to the Commit- DOWMENT FOR DEMOCRACY FOR Technology), Office of the Under Secretary tee on Foreign Relations. FISCAL YEAR 1997—MESSAGE of Defense, transmitting, pursuant to law, EC–4144. A communication from the Gen- FROM THE PRESIDENT—PM 115 the report of a rule received on March 11, eral Counsel of the Department of Transpor- 1998; to the Committee on Armed Services. tation, transmitting, pursuant to law, the re- The PRESIDING OFFICER laid be- EC–4131. A communication from the Direc- port of thirty-nine rules received on March fore the Senate the following message tor of the Office of Management and Budget, 20, 1998; to the Committee on Commerce, from the President of the United Executive Office of the President, transmit- Science, and Transportation. States, together with an accompanying ting, pursuant to law, the cumulative report EC–4145. A communication from the Assist- report; which was referred to the Com- on rescissions and deferrals dated March 1, ant Secretary of State (Legislative Affairs), mittee on Foreign Relations. 1998; referred jointly, pursuant to the order transmitting, pursuant to law, a report rel- of January 30, 1975, as modified by the order ative to Economic Support Funds; to the To the Congress of the United States: of April 11, 1986, to the Committee on Appro- Committee on Foreign Relations. As required by the provisions of sec- priations, to the Committee on the Budget, EC–4146. A communication from the Presi- tion 504(h) of Public Law 98–164, as to the Committee on Agriculture, Nutrition, dent and Chief Executive Officer, Overseas amended (22 U.S.C. 4413(i)), I transmit and Forestry, to the Committee on Com- Private Investment Corporation, transmit- merce, Science, and Transportation, to the herewith the 14th Annual Report of the ting, pursuant to law, the report of the an- Committee on Energy and Natural Re- nual performance plan for fiscal year 1999; to National Endowment for Democracy, sources, to the Committee on Finance, to the the Committee on Foreign Relations. which covers fiscal year 1997. Committee on Foreign Relations, and to the EC–4147. A communication from the Assist- WILLIAM J. CLINTON. Committee on Indian Affairs. ant Secretary of State (Legislative Affairs), March 23, 1998 CONGRESSIONAL RECORD — SENATE S2419 transmitting, pursuant to law, a report enti- EC–4162. A communication from the Sec- EC–4176. A communication from the Assist- tled ‘‘International Narcotics Control Strat- retary of Health and Human Services, trans- ant Secretary of the Interior for Fish and egy’’; to the Committee on Foreign Rela- mitting, a draft of proposed legislation enti- Wildlife and Parks, transmitting, a draft of tions. tled ‘‘The Food and Drug Administration proposed legislation relative to the Adams EC–4148. A communication from the Assist- User Fee Act of 1998’’; to the Committee on National Historical Park; to the Committee ant Secretary of State (Legislative Affairs), Labor and Human Resources. on Energy and Natural Resources. transmitting, pursuant to law, the report of EC–4163. A communication from the Assist- EC–4177. A communication from the Assist- fifteen notices of the proposed issuances of ant General Counsel for Regulations, Depart- ant Secretary of the Interior for Fish and export licenses; to the Committee on Foreign ment of Education, transmitting, pursuant Wildlife and Parks, transmitting, a draft of Relations. to law, the reports of three rules; to the proposed legislation relative to the Fort EC–4149. A communication from the Chair- Committee on Labor and Human Resources. Matanzas National Monument; to the Com- man of the National Committee on Vital and EC–4164. A communication from the Acting mittee on Energy and Natural Resources. Health Statistics, transmitting, pursuant to Director of Regulations Policy and Manage- EC–4178. A communication from the Assist- law, a report relative to health data; to the ment Staff, Office of Policy, Food and Drug ant Secretary of the Interior for Fish and Committee on Labor and Human Resources. Administration, Department of Health and Wildlife and Parks, transmitting, a draft of EC–4150. A communication from the Direc- Human Services, transmitting, pursuant to proposed legislation relative to the Lake tor of the National Science Foundation, law, the reports of eleven rules; to the Com- Chelan National Recreation Area; to the transmitting, a draft of proposed legislation mittee on Labor and Human Resources. Committee on Energy and Natural Re- entitled ‘‘The National Science Foundation EC–4165. A communication from the Acting sources. Authorization Act for Fiscal Years 1999 and Assistant Secretary of Labor for Employ- EC–4179. A communication from the Assist- 2000’’; to the Committee on Labor and ment and Training, transmitting, pursuant ant Secretary of the Interior for Fish and Human Resources. to law, the reports of two rules; to the Com- Wildlife and Parks, transmitting, a draft of EC–4151. A communication from the Direc- mittee on Labor and Human Resources. proposed legislation relative to the Saint- tor the National Science Foundation, trans- EC–4166. A communication from the Dep- Gaudens National Historic Site; to the Com- mitting, pursuant to law, the report of the uty Associate Director for Compliance, Roy- mittee on Energy and Natural Resources. annual performance plan for fiscal year 1999; alty Management Program, Minerals Man- EC–4180. A communication from the Assist- to the Committee on Labor and Human Re- agement Service, Department of the Inte- ant Secretary of the Interior for Fish and sources. rior, transmitting, pursuant to law, notice of Wildlife and Parks, transmitting, a draft of EC–4152. A communication from the Board the intention to make refunds of offshore proposed legislation relative to the U.S. Members of the Railroad Retirement Board, transmitting, pursuant to law, the report of lease revenues where a refund or recoupment Park Police; to the Committee on Energy the justification of budget estimates for fis- is appropriate; to the Committee on Energy and Natural Resources. EC–4181. A communication from the Assist- cal year 1999; to the Committee on Labor and and Natural Resources. EC–4167. A communication from the Assist- ant Secretary of the Interior for Fish and Human Resources. EC–4153. A communication from the Chair- ant Secretary of the Interior for Land and Wildlife and Parks, transmitting, pursuant man of the Federal Mine Safety and Health Minerals Management, transmitting, pursu- to law, the report of a rule received on Review Commission, transmitting, pursuant ant to law, the report of a rule received on March 16, 1998; to the Committee on Energy to law, the report of the annual performance March 13, 1998; to the Committee on Energy and Natural Resources. plan for fiscal year 1999; to the Committee on and Natural Resources. EC–4182. A communication from the Direc- Labor and Human Resources. EC–4168. A communication from the Com- tor of the Office of Surface Mining Reclama- EC–4154. A communication from the Dep- missioner of the Bureau of Reclamation, De- tion and Enforcement, Department of the In- uty Executive Director and Chief Operating partment of the Interior, transmitting, pur- terior, transmitting, pursuant to law, the re- Officer, Pension Benefit Guaranty Corpora- suant to law, the report of financial state- ports of six rules; to the Committee on En- tion, transmitting, pursuant to law, the re- ments of the Colorado River Basin Project ergy and Natural Resources. port of a rule received on March 11, 1998; to for fiscal year 1996; to the Committee on En- EC–4183. A communication from the Direc- the Committee on Labor and Human Re- ergy and Natural Resources. tor of the Office of Rulemaking Coordina- sources. EC–4169. A communication from the Chair- tion, Department of Energy, transmitting, EC–4155. A communication from the Assist- man of the Federal Energy Regulatory Com- pursuant to law, the reports of six rules; to ant Secretary of Labor for Mine Safety and mission, transmitting, pursuant to law, the the Committee on Energy and Natural Re- Health Administration, transmitting, pursu- report of a rule received on March 13, 1998; to sources. ant to law, the report of a rule received on the Committee on Energy and Natural Re- EC–4184. A communication from the Attor- February 25, 1998; to the Committee on sources. ney-Advisor, U.S. Trade and Development Labor and Human Resources. EC–4170. A communication from the Ad- Agency, transmitting, pursuant to law, the EC–4156. A communication from the Assist- ministrator of the Energy Information Ad- report under the Freedom of Information Act ant Secretary of Health and Human Services ministration, Department of Energy, trans- for the period January 1 through September for Children and Families, transmitting, pur- mitting, pursuant to law, the report entitled 30, 1997; to the Committee on the Judiciary. suant to law, the report of a rule received on ‘‘Performance Profiles of Major Energy Pro- EC–4185. A communication from the Mar- March 17, 1998; to the Committee on Labor ducers 1996’’; to the Committee on Energy shall of the Supreme Court of the United and Human Resources. and Natural Resources. States, transmitting, pursuant to law, the EC–4157. A communication from the Assist- EC–4171. A communication from the Sec- annual report for the period February 15, 1997 ant Secretary of Labor for Occupational retary of Energy, transmitting, pursuant to through February 15, 1998; to the Committee Safety and Health, transmitting, pursuant to law, a report relative to the Formerly Uti- on the Judiciary. law, the report of a rule received on March 6, lized Sites Remedial Action Program; to the EC–4186. A communication from the Direc- 1998; to the Committee on Labor and Human Committee on Energy and Natural Re- tor of the Federal Bureau of Prisons, Depart- Resources. sources. ment of Justice, transmitting, pursuant to EC–4158. A communication from the Sec- EC–4172. A communication from the Sec- law, the report of a rule received on March retary of Education, transmitting, a draft of retary of Energy, transmitting, pursuant to 10, 1998; to the Committee on the Judiciary. proposed legislation relative to the reauthor- law, a report relative to advanced auto- EC–4187. A communication from the Sec- ization of the Higher Education Act of 1965; motive technologies; to the Committee on retary of the Judicial Conference of the to the Committee on Labor and Human Re- Energy and Natural Resources. United States, transmitting, pursuant to sources. EC–4173. A communication from the Sec- law, a draft of proposed legislation relative EC–4159. A communication from the Sec- retary of Agriculture, transmitting, a draft to the conversion and extension of certain retary of Health and Human Services, trans- of proposed legislation relative to the Na- temporary judgeship positions; to the Com- mitting, pursuant to law, a report relative to tional Wild and Scenic Rivers System; to the mittee on the Judiciary. the Prescription Drug User Fee Act of 1992; Committee on Energy and Natural Re- EC–4188. A communication from the Chair- to the Committee on Labor and Human Re- sources. man of the Board of U.S. Naval Sea Cadet sources. EC–4174. A communication from the Assist- Corps, transmitting, pursuant to law, the an- EC–4160. A communication from the Sec- ant Secretary of the Interior for Fish and nual report of program activities for cal- retary of Health and Human Services, trans- Wildlife and Parks, transmitting, a draft of endar year 1997; to the Committee on the Ju- mitting, pursuant to law, a report relative to proposed legislation to amend the National diciary. the National Institutes of Health Loan Re- Trails System Act; to the Committee on En- EC–4189. A communication from the Gen- payment Program For Research Generally; ergy and Natural Resources. eral Counsel of the Department of Defense, to the Committee on Labor and Human Re- EC–4175. A communication from the Assist- transmitting, pursuant to law, a report of sources. ant Secretary of the Interior for Fish and the Defense Office of Hearings and Appeals EC–4161. A communication from the Sec- Wildlife and Parks, transmitting, a draft of Claims Appeals Board; to the Committee on retary of Health and Human Services, trans- proposed legislation relative to the the Judiciary. mitting, pursuant to law, the report of a rule Keweenaw National Historical Park; to the EC–4190. A communication from the Chair- received on March 6, 1998; to the Committee Committee on Energy and Natural Re- man of the National Credit Union Adminis- on Labor and Human Resources. sources. tration, transmitting, pursuant to law, the S2420 CONGRESSIONAL RECORD — SENATE March 23, 1998 report under the Freedom of Information Act EC–4204. A communication from the Direc- mission, transmitting, pursuant to law, the for the period January 1 through September tor of Selective Service, transmitting, pursu- report under the Freedom of Information Act 30, 1997; to the Committee on the Judiciary. ant to law, the report under the Freedom of for the period January 1 through September EC–4191. A communication from the Assist- Information Act for the period January 1 30, 1997; to the Committee on the Judiciary. ant Attorney General (Office of Legislative through September 30, 1997; to the Commit- EC–4218. A communication from the Chair- Affairs), transmitting, a draft of proposed tee on the Judiciary. man of the U.S. Consumer Product Safety legislation entitled ‘‘The Money Laundering EC–4205. A communication from the Acting Commission, transmitting, pursuant to law, Act of 1998’’; to the Committee on the Judici- Director of the Office of Federal Housing En- the report under the Freedom of Information ary. terprise Oversight, transmitting, pursuant to Act for the period January 1 through Sep- EC–4192. A communication from the Dep- law, the report under the Freedom of Infor- tember 30, 1997; to the Committee on the Ju- uty Assistant Administrator, Office of Diver- mation Act for the period January 1 through diciary. sion Control, Drug Enforcement Administra- September 30, 1997; to the Committee on the EC–4219. A communication from the Sec- tion, Department of Justice, transmitting, Judiciary. retary of Health and Human Services, trans- pursuant to law, the reports of seven rules; EC–4206. A communication from the Agen- mitting, pursuant to law, the report under to the Committee on the Judiciary. cy Freedom of Information Officer, U.S. En- the Freedom of Information Act for the pe- EC–4193. A communication from the Com- vironmental Protection Agency, transmit- riod January 1 through September 30, 1997; to missioner of the Immigration and Natu- ting, pursuant to law, the report under the the Committee on the Judiciary. ralization Service, Department of Justice, Freedom of Information Act for the period EC–4220. A communication from the Assist- transmitting, pursuant to law, the reports of January 1 through September 30, 1997; to the ant Secretary of Energy for Human Re- two rules; to the Committee on the Judici- Committee on the Judiciary. sources and Administration, transmitting, ary. EC–4207. A communication from the Chair- pursuant to law, the report under the Free- EC–4194. A communication from the Chair- man of the Federal Deposit Insurance Cor- dom of Information Act for the period Janu- man of the Federal Election Commission, poration, transmitting, pursuant to law, the ary 1 through September 30, 1997; to the transmitting, pursuant to law, the report report under the Freedom of Information Act Committee on the Judiciary. under the Freedom of Information Act for for the period January 1 through September EC–4221. A communication from the Chair- the period January 1 through September 30, 30, 1997; to the Committee on the Judiciary. man of the Federal Housing Finance Board, 1997; to the Committee on the Judiciary. EC–4208. A communication from the Execu- transmitting, pursuant to law, the report EC–4195. A communication from the Vice tive Director of the National Capital Plan- under the Freedom of Information Act for President and General Counsel of the Over- ning Commission, transmitting, pursuant to the period January 1 through September 30, seas Private Investment Corporation, trans- mitting, pursuant to law, the report under law, the report under the Freedom of Infor- 1997; to the Committee on the Judiciary. EC–4222. A communication from the Ad- the Freedom of Information Act for the pe- mation Act for the period January 1 through ministrator of the U.S. Small Business Ad- riod January 1 through September 30, 1997; to September 30, 1997; to the Committee on the ministration, transmitting, pursuant to law, the Committee on the Judiciary. Judiciary. EC–4196. A communication from the Direc- EC–4209. A communication from the Archi- the report under the Freedom of Information tor of the Office of Science and Technology vist of the United States, transmitting, pur- Act for the period January 1 through Sep- Policy, Executive Office of the President, suant to law, the report of the National Ar- tember 30, 1997; to the Committee on the Ju- transmitting, pursuant to law, the report chives and Records Administration under the diciary. under the Freedom of Information Act for Freedom of Information Act for calendar EC–4223. A communication from the Dep- the period January 1 through September 30, year 1996; to the Committee on the Judici- uty Assistant Secretary of the Interior for 1997; to the Committee on the Judiciary. ary. the Budget and Finance, transmitting, pur- EC–4197. A communication from the Execu- EC–4210. A communication from the Gen- suant to law, the report under the Freedom tive Director of the Federal Labor Relations eral Counsel of the Federal Emergency Man- of Information Act for the period January 1 Authority, transmitting, pursuant to law, agement Agency, transmitting, pursuant to through September 30, 1997; to the Commit- the report under the Freedom of Information law, the report under the Freedom of Infor- tee on the Judiciary. Act for the period January 1 through Sep- mation Act for the period January 1 through EC–4224. A communication from the Chair- tember 30, 1997; to the Committee on the Ju- September 30, 1997; to the Committee on the man of the Federal Maritime Commission, diciary. Judiciary. transmitting, pursuant to law, the report EC–4198. A communication from the Chair- EC–4211. A communication from the Direc- under the Freedom of Information Act for man of the Board of Governors of the Federal tor of the Office of Administration, Execu- the period January 1 through September 30, Reserve System, transmitting, pursuant to tive Office of the President, transmitting, 1997; to the Committee on the Judiciary. law, the report from the Federal Open Mar- pursuant to law, the report under the Free- EC–4225. A communication from the Office ket Committee under the Freedom of Infor- dom of Information Act for the period Janu- of the Secretariat, U.S. Commodity Futures mation Act for the period January 1 through ary 1 through September 30, 1997; to the Trading Commission, transmitting, pursuant September 30, 1997; to the Committee on the Committee on the Judiciary. to law, the report under the Freedom of In- Judiciary. EC–4212. A communication from the Com- formation Act for the period January 1 EC–4199. A communication from the Execu- missioner of Social Security, transmitting, through September 30, 1997; to the Commit- tive Director of the Federal Retirement pursuant to law, the report under the Free- tee on the Judiciary. Thrift Investment Board, transmitting, pur- dom of Information Act for the period Janu- EC–4226. A communication from the Chair- suant to law, the report under the Freedom ary 1 through September 30, 1997; to the man and Chief Executive Officer of the Farm of Information Act for the period January 1 Committee on the Judiciary. Credit Administration, transmitting, pursu- through September 30, 1997; to the Commit- EC–4213. A communication from the Chair- ant to law, the report under the Freedom of tee on the Judiciary. man of the Farm Credit System Insurance Information Act for the period January 1 EC–4200. A communication from the Assist- Corporation, transmitting, pursuant to law, through September 30, 1997; to the Commit- ant Secretary for Management and Chief Fi- the report under the Freedom of Information tee on the Judiciary. nancial Officer, Department of the Treasury, Act for the period January 1 through Sep- EC–4227. A communication from the Acting transmitting, pursuant to law, the report tember 30, 1997; to the Committee on the Ju- Special Counsel of the U.S. Office of Special under the Freedom of Information Act for diciary. Counsel, transmitting, pursuant to law, the the period January 1 through September 30, EC–4214. A communication from the Sec- report under the Freedom of Information Act 1997; to the Committee on the Judiciary. retary of the Federal Trade Commission, for the period January 1 through September EC–4201. A communication from the Gen- transmitting, pursuant to law, the report 30, 1997; to the Committee on the Judiciary. eral Counsel of the National Science Founda- under the Freedom of Information Act for EC–4228. A communication from the Ad- tion, transmitting, pursuant to law, the re- the period January 1 through September 30, ministrator of the Panama Canal Commis- port under the Freedom of Information Act 1997; to the Committee on the Judiciary. sion, transmitting, pursuant to law, the re- for the period January 1 through September EC–4215. A communication from the Vice port under the Freedom of Information Act 30, 1997; to the Committee on the Judiciary. President, Government Affairs, National for the period January 1 through September EC–4202. A communication from the Execu- Railroad Passenger Corporation, transmit- 30, 1997; to the Committee on the Judiciary. tive Director of the Occupational Safety and ting, pursuant to law, the report under the EC–4229. A communication from the Direc- Health Review Commission, transmitting, Freedom of Information Act for the period tor of the Office of Thrift Supervision, De- pursuant to law, the report under the Free- January 1 through September 30, 1997; to the partment of the Treasury, transmitting, pur- dom of Information Act for the period Janu- Committee on the Judiciary. suant to law, the report of the 1998 com- ary 1 through September 30, 1997; to the EC–4216. A communication from the Office pensation plan; to the Committee on Bank- Committee on the Judiciary. of Communications, Department of Agri- ing, Housing, and Urban Affairs. EC–4203. A communication from the Sec- culture, transmitting, pursuant to law, the EC–4230. A communication from the Man- retary of Transportation, transmitting, pur- report under the Freedom of Information Act aging Director of the Federal Housing Fi- suant to law, the report under the Freedom for the period January 1 through September nance Board, transmitting, pursuant to law, of Information Act for the period January 1 30, 1997; to the Committee on the Judiciary. the report of the 1998 compensation plan; to through September 30, 1997; to the Commit- EC–4217. A communication from the Chair- the Committee on Banking, Housing, and tee on the Judiciary. man of the U.S. International Trade Com- Urban Affairs. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2421 EC–4231. A communication from the Assist- agement Agency, transmitting, pursuant to Department of the Treasury, transmitting, ant Secretary of Commerce for Export Ad- law, the reports of eighty-two rules; to the pursuant to law, the reports of six rules; to ministration, transmitting, pursuant to law, Committee on Banking, Housing, and Urban the Committee on Finance. the report of a rule received on March 19, Affairs. EC–4262. A communication from the Dep- 1998; to the Committee on Banking, Housing, EC–4246. A communication from the Sec- uty Associate Administrator for Acquisition and Urban Affairs. retary of the U.S. Securities and Exchange Policy, Office of Governmentwide Policy, EC–4232. A communication from the Dep- Commission, transmitting, pursuant to law, U.S. General Services Administration, trans- uty Director for Policy and Programs, Com- the reports of five rules; to the Committee mitting, pursuant to law, the report of a rule munity Development Financial Institutions on Banking, Housing, and Urban Affairs. received on March 11, 1998; to the Committee Fund, Department of the Treasury, trans- EC–4247. A communication from the Com- on Governmental Affairs. mitting, pursuant to law, the report of a rule missioner of Social Security, transmitting, EC–4263. A communication from the Gen- received on February 25, 1998; to the Com- the fiscal year 1999 budget request; to the eral Counsel of the Department of Transpor- mittee on Banking, Housing, and Urban Af- Committee on Finance. tation, transmitting, pursuant to law, the re- fairs. EC–4248. A communication from the Sec- port of a rule received on February 19, 1998; EC–4233. A communication from the Acting retary of Health and Human Services, trans- to the Committee on Governmental Affairs. Director of the Office of Federal Housing En- mitting, pursuant to law, the report of a rule EC–4264. A communication from the Direc- terprise Oversight, transmitting, pursuant to received on March 3, 1998; to the Committee tor of the U.S. Office of Government Ethics, law, the report of the strategic plan for fiscal on Finance. transmitting, pursuant to law, the report of years 1998 through 2003; to the Committee on EC–4249. A communication from the Sec- a rule received on March 13, 1998; to the Com- Banking, Housing, and Urban Affairs. retary of Health and Human Services, trans- mittee on Governmental Affairs. EC–4234. A communication from the Chief mitting, a draft of proposed legislation enti- EC–4265. A communication from the Execu- Counsel of the Office of Foreign Assets Con- tled ‘‘The Medicare Administrative Improve- tive Director of the Committee For Purchase trol, Department of the Treasury, transmit- ment Amendments of 1998’’; to the Commit- From People Who Are Blind Or Severely Dis- ting, pursuant to law, the report of a rule re- tee on Finance. abled, transmitting, pursuant to law, six ad- ceived on February 26, 1998; to the Commit- EC–4250. A communication from the Sec- ditions to the procurement list received on tee on Banking, Housing, and Urban Affairs. retary of Health and Human Services, trans- March 10, 1998; to the Committee on Govern- EC–4235. A communication from the Direc- mitting, pursuant to law, a report entitled mental Affairs. tor of the Community Development Finan- ‘‘Development of Resource-Based Practice EC–4266. A communication from the Assist- cial Institutions Fund, Department of the Expense Relative Value Units’’; to the Com- ant Attorney General for Administration, Treasury, transmitting, pursuant to law, the mittee on Finance. transmitting, pursuant to law, the report of EC–4251. A communication from the Sec- annual report for fiscal year 1997; to the a rule received on February 23, 1998; to the Committee on Banking, Housing, and Urban retary of Health and Human Services, trans- Committee on Governmental Affairs. Affairs. mitting, pursuant to law, a report regarding EC–4267. A communication from the Direc- EC–4236. A communication from the Sec- the administration of the Maternal and Child tor of the Office of Administration, Execu- retary of the Treasury, transmitting, a draft Health program for fiscal years 1994 and 1995; tive Office of the President, transmitting, of proposed legislation entitled ‘‘The Finan- to the Committee on Finance. pursuant to law, the annual report on the cial Contract Netting Improvement Act of EC–4252. A communication from the Chair system of internal accounting and financial 1998’’; to the Committee on Banking, Hous- of the Medicare Payment Advisory Commis- controls in effect during fiscal year 1997; to ing, and Urban Affairs. sion, transmitting, pursuant to law, a report the Committee on Governmental Affairs. EC–4237. A communication from the Fed- entitled ‘‘Medicare Payment Policy’’; to the EC–4268. A communication from the Direc- eral Register Liaison Officer, Office of Thrift Committee on Finance. tor of the Federal Mediation and Concilia- Supervision, Department of the Treasury, EC–4253. A communication from the Chief tion Service, U.S. Government, transmit- transmitting, pursuant to law, the report of Counsel of the Bureau of the Public Debt, ting, pursuant to law, the report of the Of- a rule received on March 5, 1998; to the Com- Department of the Treasury, transmitting, fice of Inspector General for fiscal year 1996; mittee on Banking, Housing, and Urban Af- pursuant to law, the report of a rule received to the Committee on Governmental Affairs. fairs. on March 6, 1998; to the Committee on Fi- EC–4269. A communication from the Acting EC–4238. A communication from the Sec- nance. retary of Housing and Urban Development, EC–4254. A communication from the Regu- Administrator and Chief Executive Officer, transmitting, a draft of proposed legislation latory Policy Officer of the Bureau of Alco- Bonneville Power Administration, Depart- entitled ‘‘The HUD 2020 Program Repeal and hol, Tobacco and Firearms, Department of ment of Energy, transmitting, pursuant to Streamlining Act’’; to the Committee on the Treasury, transmitting, pursuant to law, law, the report under the Chief Financial Of- Banking, Housing, and Urban Affairs. the reports of two rules; to the Committee ficers Act for calendar year 1997; to the Com- EC–4239. A communication from the Chair- on Finance. mittee on Governmental Affairs. man of the Board of Governors of the Federal EC–4255. A communication from the Chief, EC–4270. A communication from the Sec- Reserve System, transmitting, pursuant to Regulations Unit, Internal Revenue Service, retary of Health and Human Services, trans- law, the report of the monetary policy; to Department of the Treasury, transmitting, mitting, pursuant to law, a report relative to the Committee on Banking, Housing, and pursuant to law, the report of Announcement surplus real property; to the Committee on Urban Affairs. 98:18; to the Committee on Finance. Governmental Affairs. EC–4240. A communication from the Assist- EC–4256. A communication from the Chief, EC–4271. A communication from the Direc- ant to the Board of Governors of the Federal Regulations Unit, Internal Revenue Service, tor of the U.S. Office of Personnel Manage- Reserve System, transmitting, pursuant to Department of the Treasury, transmitting, ment, transmitting, pursuant to law, a re- law, the reports of two rules; to the Commit- pursuant to law, the reports of Revenue Rul- port relative to three personnel management tee on Banking, Housing, and Urban Affairs. ings 98:10–12 and 98:15–18; to the Committee demonstration projects; to the Committee on EC–4241. A communication from the Presi- on Finance. Governmental Affairs. dent and Chairman of the Export-Import EC–4257. A communication from the Chief, EC–4272. A communication from the Acting Bank of the United States, transmitting, Regulations Unit, Internal Revenue Service, Comptroller General of the United States, pursuant to law, a report relative to tied aid Department of the Treasury, transmitting, transmitting, pursuant to law, the report of credits; to the Committee on Banking, Hous- pursuant to law, the reports of Notices 98:17, General Accounting Office reports for Janu- ing, and Urban Affairs. 19–20; to the Committee on Finance. ary 1998; to the Committee on Governmental EC–4242. A communication from the Presi- EC–4258. A communication from the Chief, Affairs. dent and Chairman of the Export-Import Regulations Unit, Internal Revenue Service, EC–4273. A communication from the Acting Bank of the United States, transmitting, Department of the Treasury, transmitting, Administrator of the Office of Federal Pro- pursuant to law, the annual report for fiscal pursuant to law, the reports of Revenue Pro- curement Policy, Office of Management and year 1997; to the Committee on Banking, cedures 98:24–25; to the Committee on Fi- Budget, Executive Office of the President, Housing, and Urban Affairs. nance. transmitting, pursuant to law, a report enti- EC–4243. A communication from the Gen- EC–4259. A communication from the Assist- tled ‘‘Electronic Commerce for Buyers and eral Counsel of the Department of Housing ant Commissioner (Examination), Internal Sellers’’; to the Committee on Governmental and Urban Development, transmitting, pur- Revenue Service, Department of the Treas- Affairs. suant to law, the reports of two rules; to the ury, transmitting, pursuant to law, the re- EC–4274. A communication from the Dis- Committee on Banking, Housing, and Urban port of a rule received on February 25, 1998; trict of Columbia Auditor, transmitting, pur- Affairs. to the Committee on Finance. suant to law, a report entitled ‘‘Audit of the EC–4244. A communication from the Sec- EC–4260. A communication from the Chief, Public Service Commission’s Agency Fund retary of the Board of the National Credit Regulations Unit, Internal Revenue Service, for Fiscal Years 1995 and 1996’’; to the Com- Union Administration, transmitting, pursu- Department of the Treasury, transmitting, mittee on Governmental Affairs. ant to law, the reports of two rules; to the pursuant to law, the reports of three Treas- EC–4275. A communication from the Execu- Committee on Banking, Housing, and Urban ury Regulations; to the Committee on Fi- tive Director of the District of Columbia Fi- Affairs. nance. nancial Responsibility and Management As- EC–4245. A communication from the Gen- EC–4261. A communication from the Chief, sistant Authority, transmitting, pursuant to eral Counsel of the Federal Emergency Man- Regulations Branch, U.S. Customs Service, law, a report entitled ‘‘Foreign Capital City S2422 CONGRESSIONAL RECORD — SENATE March 23, 1998 Governance’’; to the Committee on Govern- bia, transmitting, pursuant to law, copies of EC–4305. A communication from the Chair- mental Affairs. D.C. Act 12–260 adopted by the Council on man of the Council of the District of Colum- EC–4276. A communication from the Execu- January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of tive Director of the District of Columbia Fi- ernmental Affairs. D.C. Act 12–278 adopted by the Council on nancial Responsibility and Management As- EC–4291. A communication from the Chair- January 6, 1998; to the Committee on Gov- sistant Authority, transmitting, pursuant to man of the Council of the District of Colum- ernmental Affairs. law, a report entitled ‘‘District of Columbia bia, transmitting, pursuant to law, copies of EC–4306. A communication from the Chair- Medical Liability Reform’’; to the Commit- D.C. Act 12–261 adopted by the Council on man of the Council of the District of Colum- tee on Governmental Affairs. January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of EC–4277. A communication from the Execu- ernmental Affairs. D.C. Act 12–279 adopted by the Council on tive Director of the District of Columbia Fi- EC–4292. A communication from the Chair- January 6, 1998; to the Committee on Gov- nancial Responsibility and Management As- man of the Council of the District of Colum- ernmental Affairs. sistant Authority, transmitting, pursuant to bia, transmitting, pursuant to law, copies of EC–4307. A communication from the Chair- law, the report of the annual performance D.C. Act 12–262 adopted by the Council on man of the Council of the District of Colum- plan for fiscal year 1999; to the Committee on January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of Governmental Affairs. ernmental Affairs. D.C. Act 12–280 adopted by the Council on EC–4278. A communication from the In- EC–4293. A communication from the Chair- January 6, 1998; to the Committee on Gov- spector General of the Department of Trans- man of the Council of the District of Colum- ernmental Affairs. portation, transmitting, pursuant to law, the bia, transmitting, pursuant to law, copies of EC–4308. A communication from the Chair- report of the annual performance plan for D.C. Act 12–263 adopted by the Council on man of the Council of the District of Colum- fiscal year 1999; to the Committee on Gov- January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of ernmental Affairs. ernmental Affairs. D.C. Act 12–283 adopted by the Council on EC–4279. A communication from the Ad- EC–4294. A communication from the Chair- February 3, 1998; to the Committee on Gov- ministrator of the General Services Adminis- man of the Council of the District of Colum- ernmental Affairs. tration, transmitting, pursuant to law, the bia, transmitting, pursuant to law, copies of EC–4309. A communication from the Chair- report of the annual performance plan for D.C. Act 12–264 adopted by the Council on man of the Council of the District of Colum- fiscal year 1998 through 2002; to the Commit- January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of tee on Governmental Affairs. ernmental Affairs. D.C. Act 12–284 adopted by the Council on EC–4280. A communication from the Direc- EC–4295. A communication from the Chair- February 3, 1998; to the Committee on Gov- tor of the U.S. Office of Personnel Manage- man of the Council of the District of Colum- ernmental Affairs. ment, transmitting, pursuant to law, the re- bia, transmitting, pursuant to law, copies of EC–4310. A communication from the Chair- ports of two reports; to the Committee on D.C. Act 12–265 adopted by the Council on man of the Council of the District of Colum- Governmental Affairs. January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of EC–4281. A communication from the Chair- ernmental Affairs. D.C. Act 12–285 adopted by the Council on man of the U.S. Merit Systems Protection EC–4296. A communication from the Chair- February 3, 1998; to the Committee on Gov- Board, transmitting, pursuant to law, the man of the Council of the District of Colum- ernmental Affairs. annual report for fiscal year 1997; to the bia, transmitting, pursuant to law, copies of EC–4311. A communication from the Chair- Committee on Governmental Affairs. D.C. Act 12–266 adopted by the Council on man of the Council of the District of Colum- EC–4282. A communication from the Chair- January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of man of the U.S. Merit Systems Protection ernmental Affairs. D.C. Act 12–286 adopted by the Council on Board, transmitting, pursuant to law, a re- EC–4297. A communication from the Chair- February 3, 1998; to the Committee on Gov- port entitled ‘‘The Changing Federal Work- man of the Council of the District of Colum- ernmental Affairs. place: Employee Perspectives’’; to the Com- bia, transmitting, pursuant to law, copies of EC–4312. A communication from the Chair- mittee on Governmental Affairs. D.C. Act 12–267 adopted by the Council on man of the Council of the District of Colum- EC–4283. A communication from the Chair- January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of man of the U.S. Nuclear Regulatory Commis- ernmental Affairs. D.C. Act 12–287 adopted by the Council on sion, transmitting, pursuant to law, the re- EC–4298. A communication from the Chair- February 3, 1998; to the Committee on Gov- port under the Government in the Sunshine man of the Council of the District of Colum- ernmental Affairs. Act for calendar year 1997; to the Committee bia, transmitting, pursuant to law, copies of EC–4313. A communication from the Chair- on Governmental Affairs. D.C. Act 12–268 adopted by the Council on man of the Council of the District of Colum- EC–4284. A communication from the Chair- January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of man of the Federal Housing Finance Board, ernmental Affairs. D.C. Act 12–288 adopted by the Council on transmitting, pursuant to law, the report EC–4299. A communication from the Chair- February 3, 1998; to the Committee on Gov- under the Government in the Sunshine Act man of the Council of the District of Colum- ernmental Affairs. for calendar year 1997; to the Committee on bia, transmitting, pursuant to law, copies of EC–4314. A communication from the Chair- Governmental Affairs. D.C. Act 12–270 adopted by the Council on man of the Council of the District of Colum- EC–4285. A communication from the Board January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of Members of the Railroad Retirement Board, ernmental Affairs. D.C. Act 12–300 adopted by the Council on transmitting, pursuant to law, the report EC–4300. A communication from the Chair- February 3, 1998; to the Committee on Gov- under the Government in the Sunshine Act man of the Council of the District of Colum- ernmental Affairs. for calendar year 1997; to the Committee on bia, transmitting, pursuant to law, copies of EC–4315. A communication from the Chair- Governmental Affairs. D.C. Act 12–271 adopted by the Council on man of the Council of the District of Colum- EC–4286. A communication from the Chair- January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- ernmental Affairs. D.C. Act 12–301 adopted by the Council on bia, transmitting, pursuant to law, copies of EC–4301. A communication from the Chair- February 3, 1998; to the Committee on Gov- D.C. Act 12–254 adopted by the Council on man of the Council of the District of Colum- ernmental Affairs. January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of EC–4316. A communication from the Acting ernmental Affairs. D.C. Act 12–272 adopted by the Council on Assistant Secretary of the Army (Civil EC–4287. A communication from the Chair- January 6, 1998; to the Committee on Gov- Works), transmitting, pursuant to law, a re- man of the Council of the District of Colum- ernmental Affairs. port relative to a flood damage reduction bia, transmitting, pursuant to law, copies of EC–4302. A communication from the Chair- project; to the Committee on Environment D.C. Act 12–257 adopted by the Council on man of the Council of the District of Colum- and Public Works. January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of EC–4317. A communication from the Under ernmental Affairs. D.C. Act 12–273 adopted by the Council on Secretary of Defense (Acquisition and Tech- EC–4288. A communication from the Chair- January 6, 1998; to the Committee on Gov- nology), transmitting, pursuant to law, a re- man of the Council of the District of Colum- ernmental Affairs. port on reimbursement of contractor envi- bia, transmitting, pursuant to law, copies of EC–4303. A communication from the Chair- ronmental response action costs; to the Com- D.C. Act 12–256 adopted by the Council on man of the Council of the District of Colum- mittee on Environment and Public Works. January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of EC–4318. A communication from the Presi- ernmental Affairs. D.C. Act 12–276 adopted by the Council on dent of the John F. Kennedy Center for the EC–4289. A communication from the Chair- January 6, 1998; to the Committee on Gov- Performing Arts, transmitting, a draft of man of the Council of the District of Colum- ernmental Affairs. proposed legislation to authorize appropria- bia, transmitting, pursuant to law, copies of EC–4304. A communication from the Chair- tions; to the Committee on Environment and D.C. Act 12–259 adopted by the Council on man of the Council of the District of Colum- Public Works. January 6, 1998; to the Committee on Gov- bia, transmitting, pursuant to law, copies of EC–4319. A communication from the Sec- ernmental Affairs. D.C. Act 12–277 adopted by the Council on retary of Transportation, transmitting, pur- EC–4290. A communication from the Chair- January 6, 1998; to the Committee on Gov- suant to law, a report entitled ‘‘The Impact man of the Council of the District of Colum- ernmental Affairs. of Increased Speed Limits in the Post-NMSL March 23, 1998 CONGRESSIONAL RECORD — SENATE S2423 Era’’; to the Committee on Environment and EC–4333. A communication from the Direc- transmitting, pursuant to law, the report of Public Works. tor of the Office of Regulatory Management a rule received on February 24, 1998; to the EC–4320. A communication from the Sec- and Information, U.S. Environmental Pro- Committee on Commerce, Science, and retary of Transportation, transmitting, pur- tection Agency, transmitting, pursuant to Transportation. suant to law, a report entitled ‘‘1997 Status law, the report of two rules received on EC–4347. A communication from the Chair- of the Nation’s Surface Transportation Sys- March 3, 1998; to the Committee on Environ- man of the Federal Maritime Commission, tem: Condition and Performance’’; to the ment and Public Works. transmitting, pursuant to law, the report of Committee on Environment and Public EC–4334. A communication from the Direc- the annual performance plan for fiscal year Works. tor of the Office of Regulatory Management 1999; to the Committee on Foreign Relations. EC–4321. A communication from the Ad- and Information, U.S. Environmental Pro- EC–4348. A communication from the Vice ministrator of the U.S. General Services Ad- tection Agency, transmitting, pursuant to President, Government Affairs, National ministration, transmitting, pursuant to law, law, the reports of nine rules received on Railroad Passenger Corporation, transmit- the report of the activities required by the March 4, 1998; to the Committee on Environ- ting, pursuant to law, the annual report for Architectural Barriers Act; to the Commit- ment and Public Works. calendar year 1997; to the Committee on tee on Environment and Public Works. EC–4335. A communication from the Direc- Commerce, Science, and Transportation. EC–4322. A communication from the Chair- tor of the Office of Regulatory Management EC–4349. A communication from the Direc- man of the Advisory Committee on Reactor and Information, U.S. Environmental Pro- tor of the Federal Bureau of Investigation, Safeguards, U.S. Nuclear Regulatory Com- tection Agency, transmitting, pursuant to transmitting, pursuant to law, the report of mission, transmitting, pursuant to law, a re- law, the report of eight rules received on a rule received on March 17, 1998; to the Com- port entitled ‘‘Nuclear Safety Research’’; to March 10, 1998; to the Committee on Environ- mittee on Commerce, Science, and Transpor- the Committee on Environment and Public ment and Public Works. tation. Works. EC–4336. A communication from the Direc- EC–4350. A communication from the Sec- EC–4323. A communication from the Chair- tor of the Office of Regulatory Management retary of Transportation, transmitting, pur- suant to law, a report entitled ‘‘Automotive man of the Advisory Committee on Reactor and Information, U.S. Environmental Pro- Fuel Economy Program’’; to the Committee Safeguards, U.S. Nuclear Regulatory Com- tection Agency, transmitting, pursuant to on Commerce, Science, and Transportation. mission, transmitting, pursuant to law, the law, the reports of four rules received on EC–4351. A communication from the Sec- report of a rule received on March 10, 1998; to March 13, 1998; to the Committee on Environ- retary of Transportation, transmitting, pur- the Committee on Environment and Public ment and Public Works. suant to law, the report of accomplishments Works. EC–4337. A communication from the Direc- under the Airport Improvement Program for EC–4324. A communication from the Gen- tor of the Office of Regulatory Management fiscal year 1996; to the Committee on Com- eral Counsel of the Department of Transpor- and Information, U.S. Environmental Pro- tation, transmitting, pursuant to law, the re- merce, Science, and Transportation. tection Agency, transmitting, pursuant to EC–4352. A communication from the Sec- ports of two rules; to the Committee on En- law, the report of five rules received on retary of Federal Trade Commission, trans- vironment and Public Works. March 16, 1998; to the Committee on Environ- mitting, pursuant to law, the report of a rule EC–4325. A communication from the Acting ment and Public Works. received on March 10, 1998; to the Committee Assistant Secretary of the Interior for Fish EC–4338. A communication from the Direc- on Commerce, Science, and Transportation. and Wildlife and Parks, transmitting, pursu- tor of the Office of Regulatory Management EC–4353. A communication from the Sec- ant to law, the reports of two rules; to the and Information, U.S. Environmental Pro- retary of Federal Trade Commission, trans- Committee on Environment and Public tection Agency, transmitting, pursuant to mitting, pursuant to law, the report under Works. law, the report of three rules received on the Federal Cigarette Labeling and Advertis- EC–4326. A communication from the Direc- March 17, 1998; to the Committee on Environ- ing Act; to the Committee on Commerce, tor of the Fish and Wildlife Service, Depart- ment and Public Works. Science, and Transportation. ment of the Interior, transmitting, pursuant EC–4339. A communication from the Direc- EC–4354. A communication from the Dep- to law, the reports of three rules; to the tor of the Office of Regulatory Management uty General Counsel, National Oceanic and Committee on Environment and Public and Information, U.S. Environmental Pro- Atmospheric Administration, Department of Works. tection Agency, transmitting, pursuant to Commerce, transmitting, pursuant to law, EC–4327. A communication from the Ad- law, the report of a rule received on March the report of a rule received on received on ministrator of the U.S. Environmental Pro- 18, 1998; to the Committee on Environment March 17, 1998; to the Committee on Com- tection Agency, transmitting, pursuant to and Public Works. merce, Science, and Transportation. law, the report of the study of hazardous air EC–4340. A communication from the Direc- EC–4355. A communication from the Acting pollutant emissions from electric utility tor of the Office of Regulatory Management Deputy Director, National Institute of steam generating units; to the Committee on and Information, U.S. Environmental Pro- Standards and Technology, Department of Environment and Public Works. tection Agency, transmitting, pursuant to Commerce, transmitting, pursuant to law, EC–4328. A communication from the Direc- law, the report of three rules received on the reports of two rules; to the Committee tor of the Office of Regulatory Management March 20, 1998; to the Committee on Environ- on Commerce, Science, and Transportation. and Information, U.S. Environmental Pro- ment and Public Works. EC–4356. A communication from the Acting tection Agency, transmitting, pursuant to EC–4341. A communication from the Acting Director of the Office of Sustainable Fish- law, the report of two rules received on Feb- Assistant Secretary of the Interior for Fish eries, Department of Commerce, transmit- ruary 19, 1998; to the Committee on Environ- and Wildlife and Parks, transmitting, pursu- ting, pursuant to law, the reports of two ment and Public Works. ant to law, the report of a rule received on rules; to the Committee on Commerce, EC–4329. A communication from the Direc- February 26, 1998; to the Committee on Envi- Science, and Transportation. tor of the Office of Regulatory Management ronment and Public Works. EC–4357. A communication from the Na- and Information, U.S. Environmental Pro- EC–4342. A communication from the Ad- tional Marine Fisheries Service, National tection Agency, transmitting, pursuant to ministrator of the National Aeronautics and Oceanic and Atmospheric Administration, law, the report of seven rules received on Space Administration, transmitting, a draft Department of Commerce, transmitting, pur- February 23, 1998; to the Committee on Envi- of proposed legislation to authorize appro- suant to law, the reports of three rules; to ronment and Public Works. priations; to the Committee on Commerce, the Committee on Commerce, Science, and EC–4330. A communication from the Direc- Science, and Transportation. Transportation. tor of the Office of Regulatory Management EC–4343. A communication from the Asso- EC–4358. A communication from the Acting and Information, U.S. Environmental Pro- ciate Administrator for Procurement of the Director, Office of Sustainable Fisheries, Na- tection Agency, transmitting, pursuant to National Aeronautics and Space Administra- tional Marine Fisheries Service, Department law, the report of a rule received on Feb- tion, transmitting, pursuant to law, the re- of Commerce, transmitting, pursuant to law, ruary 24, 1998; to the Committee on Environ- ports of fourteen rules; to the Committee on the reports of four rules; to the Committee ment and Public Works. Commerce, Science, and Transportation. on Commerce, Science, and Transportation. EC–4331. A communication from the Direc- EC–4344. A communication from the Ad- EC–4359. A communication from the Direc- tor of the Office of Regulatory Management ministrator of the Federal Aviation Admin- tor, Office of Sustainable Fisheries, National and Information, U.S. Environmental Pro- istration, transmitting, pursuant to law, the Marine Fisheries Service, Department of tection Agency, transmitting, pursuant to report of the pilot pay-for-training study; to Commerce, transmitting, pursuant to law, law, the reports of five rules received on Feb- the Committee on Commerce, Science, and the reports of six rules; to the Committee on ruary 25, 1998; to the Committee on Environ- Transportation. Commerce, Science, and Transportation. ment and Public Works. EC–4345. A communication from the Ad- EC–4360. A communication from the Dep- EC–4332. A communication from the Direc- ministrator of the Federal Aviation Admin- uty Assistant For Fisheries, National Marine tor of the Office of Regulatory Management istration, transmitting, pursuant to law, a Fisheries Service, Department of Commerce, and Information, U.S. Environmental Pro- report relative to the FAA’s acquisition transmitting, pursuant to law, the reports of tection Agency, transmitting, pursuant to management system; to the Committee on seven rules; to the Committee on Commerce, law, the report of four rules received on Feb- Commerce, Science, and Transportation. Science, and Transportation. ruary 26, 1998; to the Committee on Environ- EC–4346. A communication from the Chair- EC–4361. A communication from the ment and Public Works. man of the Surface Transportation Board, AMD—Performance Evaluation and Records S2424 CONGRESSIONAL RECORD — SENATE March 23, 1998 Management, Federal Communications Com- INTRODUCTION OF BILLS AND dium irradiation; to the Committee on Vet- mission, transmitting, pursuant to law, the JOINT RESOLUTIONS erans Affairs. reports of forty-six rules; to the Committee f on Commerce, Science, and Transportation. The following bills and joint resolu- EC–4362. A communication from the Gen- tions were introduced, read the first STATEMENTS ON INTRODUCED eral Counsel of the Department of Transpor- and second time by unanimous con- BILLS AND JOINT RESOLUTIONS tation, transmitting, pursuant to law, the re- sent, and referred as indicated: By Mr. ROCKEFELLER (for him- ports of 187 rules; to the Committee on Com- By Mr. ROCKEFELLER (for himself, merce, Science, and Transportation. self, Ms. SNOWE, Mr. KERRY, Mr. Ms. SNOWE, Mr. KERRY, Mr. KENNEDY, EC–4363. A communication from the Sec- KENNEDY, Mr. DODD, Mr. JEF- Mr. DODD, Mr. JEFFORDS, and Mr. retary of Commerce, transmitting, pursuant FORDS, and Mr. CHAFEE): CHAFEE): to law, the annual report for calendar year S. 1809. A bill to improve the performance S. 1809. A bill to improve the per- 1997 of the Visiting Committee on Advance outcomes of the child support enforcement formance outcomes of the child support Technology (National Institute of Standards program in order to increase the financial enforcement program in order to in- and Technology); to the Committee on Com- stability and well-being of children and fami- crease the financial stability and well- merce, Science, and Transportation. lies, and to require the Secretary of Health being of children and families, and to EC–4364. A communication from the Gen- and Human Services and the Secretary of eral Counsel of the Department of Housing require the Secretary of Health and Labor to jointly develop a National Stand- and Urban Development, transmitting, pur- Human Services and the Secretary of ardized Medical Support Notice and establish suant to law, the report of a rule received on Labor to jointly develop a National a working group to eliminate existing bar- February 26, 1998; to the Committee on Com- riers to the effective establishment and en- Standardized Medical Support Notice merce, Science, and Transportation. forcement of medical child support; to the and establish a working group to elimi- EC–4365. A communication from the Sec- Committee on Finance. nate existing barriers to the effective retary of Transportation, transmitting, pur- By Mr. ROTH: establishment and enforcement of med- suant to law, the report of the annual per- S. 1810. A bill to suspend temporarily the formance plan for fiscal year 1999; to the ical child support; to the Committee on duty on a certain anti-HIV and anti-AIDS Committee on Foreign Relations. Finance. drug; to the Committee on Finance. EC–4366. A communication from the Dep- THE CHILD SUPPORT PERFORMANCE By Mr. FAIRCLOTH: uty Executive Director of the U.S. Commod- IMPROVEMENT ACT OF 1998 S. 1811. A bill to prohibit the Secretary of ity Futures Trading Commission, transmit- Health and Human Services from promulgat- Mr. ROCKEFELLER. Mr. President, I ting, pursuant to law, the report of a rule re- ing any regulation, rule, or other order if the am pleased to join with my colleagues ceived on February, 23, 1998; to the Commit- effect of such regulation, rule, or order is to to introduce the Child Support Per- tee on Agriculture, Nutrition, and Forestry. eliminate or modify any requirement under formance Improvement Act of 1998. I EC–4367. A communication from the Sec- the medicare program under title XVIII of retary of Agriculture, transmitting, a draft believe this legislation, with its special the Social Security Act for physician super- of proposed legislation to reform agricul- emphasis on the enforcement of medi- vision of anesthesia services, as such require- tural credit programs; to the Committee on cal child support orders, will improve ment was in effect on December 31, 1997; to Agriculture, Nutrition, and Forestry. the financial security and health of the Committee on Finance. EC–4368. A communication from the Sec- By Mr. THURMOND (for himself and thousands of American children. This retary of Agriculture, transmitting, a draft Mr. LEVIN) (by request): bill also takes careful steps to ensure of proposed legislation entitled ‘‘The Child S. 1812. A bill to authorize appropriations that vital Federal health programs Nutrition and WIC Reauthorization Amend- for fiscal year 1999 for military activities of ments of 1998’’; to the Committee on Agri- such as Medicaid and the new Chil- the Department of Defense, to prescribe culture, Nutrition, and Forestry. dren’s Health Insurance Program are military personnel strengths for fiscal year EC–4369. A communication from the Under not misused by parents who are able 1999, and for other purposes; to the Commit- Secretary of Agriculture for Food, Nutrition, but unwilling to live up to their health tee on Armed Services. and Consumer Services, transmitting, pursu- care responsibilities. I want to take S. 1813. A bill to authorize military con- ant to law, the report of a rule received on struction and related activities of the De- this opportunity to share my special February 18, 1998; to the Committee on Agri- partment of Defense for fiscal year 1999; to thanks with Senator SNOWE, who has culture, Nutrition, and Forestry. shown a long-standing commitment to EC–4370. A communication from the Sec- the Committee on Armed Services. S. 1814. A bill entitled ‘‘Department of De- retary of the Panama Canal Commission, this important issue. I would also like fense Reform Act of 1998’’; to the Committee transmitting, pursuant to law, the report of to thank Senators KERRY, KENNEDY, on Armed Services. a rule received on March 10, 1998; to the Com- DODD, JEFFORDS, and CHAFEE for their By Mr. SPECTER: mittee on Armed Services. work on the issue of child support. EC–4371. A communication from the Direc- S. 1815. A bill to suspend temporarily the As a nation, our most fundamental duty on tebufenozide; to the Committee on tor of Selective Service, transmitting, pursu- measure of success is how effectively ant to law, the annual report for fiscal year Finance. S. 1816. A bill to suspend temporarily the we provide for our children. We have a 1997; to the Committee on Armed Services. collective responsibility to ensure that EC–4372. A communication from the Sec- duty on halofenozide; to the Committee on retary of the Navy, transmitting, pursuant Finance. our children have the financial re- to law, a report entitled ‘‘U.S. Navy Sub- S. 1817. A bill to suspend temporarily the sources they need to live happy, marine Solid Waste Management Plan for duty on modified secondary-tertiary amine healthy and stable lives. At the same MARPOL Annex V Special Areas’’; to the phenol/formaldehyde copolymers; to the time, the responsibility for addressing Committee on Armed Services. Committee on Finance. many of children’s daily needs fall By Mr. LAUTENBERG: EC–4373. A communication from the Sec- squarely at the feet of their parents. In retary of Energy, transmitting, pursuant to S. 1818. A bill to suspend temporarily the duty on organic luminescent pigments, dyes, my state of West Virginia and else- law, a report relative to the Defense Nuclear where, too many parents neglect their Facilities Safety Board for calendar year and fibers for security applications; to the 1997; to the Committee on Armed Services. Committee on Finance. financial responsibilities, maintaining S. 1819. A bill to suspend temporarily the f that because they are no longer living duty on certain fluorozirconium compounds; in the same house as their children, REPORTS OF COMMITTEE to the Committee on Finance. they no longer have to support them. S. 1820. A bill to suspend temporarily the With so many parents refusing to pro- The following report of committee duty on 4-Hexylresorcinol; to the Committee was submitted: on Finance. vide their children with adequate fi- By Mr. STEVENS, from the Committee on S. 1821. A bill to suspend temporarily the nancial support and health care, be- Appropriations: duty on polymethine sensitizing dyes for im- tween $15 and $25 billion dollars in Special Report entitled ‘‘Further Revised aging applications; to the Committee on Fi- child support remains uncollected each Allocation to Subcommittees of Budget to- nance. year. tals from the Concurrent Resolution for Fis- By Mr. SPECTER (for himself, Mr. The Child Support Performance Im- cal Year 1998’’ (Rept. No. 105–171). THURMOND, Mr. JEFFORDS, Mr. MUR- provement Act of 1998 takes several By Mr. HATCH, from the Committee on KOWSKI, Mr. ROCKEFELLER, Mr. steps to make child support a depend- the Judiciary, with an amendment in the na- AKAKA, Mr. WELLSTONE, Mr. able part of the continuum of private ture of a substitute: LIEBERMAN, and Mrs. MURRAY): H.R. 400. A bill to amend title 35, United S. 1822. A bill to amend title 38, United and public benefits available to Amer- States Code, with respect to patents, and for States Code, to authorize provision of care to ican children. Since the child support other purposes. veterans treated with nasopharyngeal ra- enforcement system was created in 1975 March 23, 1998 CONGRESSIONAL RECORD — SENATE S2425 to centralize state government collec- States that when creating and improv- support orders, so that all qualified tions, Congress has authorized Federal ing their overall collections systems, children receive the health coverage funding to improve and broaden state medical support is a top priority. that they deserve. child support programs. In addition to Many of us have worked hard to Mr. President, I ask unanimous con- general financial support, the Federal make sure that all American children sent that the text of the bill be printed government also makes annual incen- receive appropriate health care cov- in the RECORD. tive payments to the states based on erage through both public and private There being no objection, the bill was the cost effectiveness of their child programs such as the newly-created ordered to be printed in the RECORD, as support collections. That is, dollar for Children’s Health Insurance (or follows: dollar, do the states show a significant ‘‘CHIPS’’) Program. Although this and S. 1809 return for the money they spend on other Federal programs are vital, they Be it enacted by the Senate and House of Rep- child support collections. were never intended and should not be resentatives of the United States of America in For several years, there has been a used as a parachute for parents who Congress assembled, consensus among both state child sup- could afford to cover their own chil- SECTION 1. SHORT TITLE. port agencies and child advocates that dren, but refuse to do so. This Act may be cited as the ‘‘Child Sup- basing incentive payments on cost ef- This bill also helps improve medical port Performance Improvement Act of 1998’’. fectiveness alone does no justice to the support collections by eliminating SEC. 2. INCENTIVE PAYMENTS TO STATES. many other areas of state performance. some of the procedural barriers that (a) IN GENERAL.—Part D of title IV of the Two years ago, the welfare reform law the states face when they try to en- Social Security Act (42 U.S.C. 651–669) is took a positive step forward by com- force medical support orders through amended by inserting after section 458 the missioning a task force composed of health plans governed by the Employ- following: child support experts from the Depart- ment Retirement Income Security Act ‘‘SEC. 458A. INCENTIVE PAYMENTS TO STATES. ment of Health and Human Services of 1974 (ERISA). Once a court issues a ‘‘(a) IN GENERAL.—In addition to any other and state agencies to come up with a medical support order, the state child payment under this part, the Secretary shall, subject to subsection (f), make an in- new set of incentives that would keep support enforcement agencies sends a centive payment to each State for each fis- states on the road to more effective notice of that order to the non-custo- cal year in an amount determined under sub- child support collections in a variety of dial parent’s health plan. Over 50 per- section (b). areas. The Child Support Performance cent of American employers offer ‘‘(b) AMOUNT OF INCENTIVE PAYMENT.— Improvement Act of 1998 incorporates health plans that are governed by ‘‘(1) IN GENERAL.—The incentive payment the consensus findings of this work ERISA. As a result, there are over for a State for a fiscal year is equal to the group. For the first time, the new in- 700,000 children who are dependent on a incentive payment pool for the fiscal year, centives structure takes into account medical support order through an multiplied by the State incentive payment share for the fiscal year. not only a state’s cost effectiveness but ERISA-governed plan. Currently, there ‘‘(2) INCENTIVE PAYMENT POOL.— its ability to establish paternity and is a lack of uniformity in the way that ‘‘(A) IN GENERAL.—In paragraph (1), the child support orders and to collect cur- state child support enforcement agency term ‘incentive payment pool’ means— rent and back child support payments. and the health plan administrators ‘‘(i) $422,000,000 for fiscal year 2000; This legislation also increases the communicate with one another. De- ‘‘(ii) $429,000,000 for fiscal year 2001; emphasis on a State’s collection of spite the fact that ERISA already de- ‘‘(iii) $450,000,000 for fiscal year 2002; medical child support and eliminates fines the elements a medical support ‘‘(iv) $461,000,000 for fiscal year 2003; some of the barriers the States face in order must contain in order to be valid ‘‘(v) $454,000,000 for fiscal year 2004; their efforts to enforce medical child ‘‘(vi) $446,000,000 for fiscal year 2005; under federal law, there is still a lot of ‘‘(vii) $458,000,000 for fiscal year 2006; support orders. With one out of seven confusion by the state agencies and the ‘‘(viii) $471,000,000 for fiscal year 2007; American children unable to access plan administrators about what is re- ‘‘(ix) $483,000,000 for fiscal year 2008; and basic health coverage, medical child quired. ‘‘(x) for any succeeding fiscal year, the support or ‘‘medical support’’ has be- After consultation with dozens of amount of the incentive payment pool for come a vital part of child support en- ERISA plan administrators, state the fiscal year that precedes such succeeding forcement. Medical support can take agencies, and child advocates, this bill fiscal year, multiplied by the percentage (if many forms including an order to a removes this procedural barrier by re- any) by which the CPI for such preceding fis- non-custodial parent to provide health quiring the Secretaries of the Depart- cal year exceeds the CPI for the 2nd preced- ing fiscal year. insurance, to cover a portion of an in- ment of Health and Human Services ‘‘(B) CPI.—For purposes of subparagraph surance co-payment or a deductible, or and the Department of Labor to create (A), the CPI for a fiscal year is the average to pay past medical bills. Since 1984, and implement a standardized national of the Consumer Price Index for the 12- federal law has required state child medical support notice that states month period ending on September 30 of the support enforcement agencies to peti- would be required to use and employers fiscal year. As used in the preceding sen- tion for and collect medical support as would be required to accept under tence, the term ‘Consumer Price Index’ part of any general child support order ERISA. This standardized form will means the last Consumer Price Index for all- if health care coverage is available to take into account the respective ad- urban consumers published by the Depart- ment of Labor. the non-custodial parent at a reason- ministrative needs of both states and ‘‘(3) STATE INCENTIVE PAYMENT SHARE.—In able cost. Unfortunately, however, employers. Second, the bill requires paragraph (1), the term ‘State incentive pay- medical child support is still only col- the Secretary of the Department of ment share’ means, with respect to a fiscal lected in about 30% of all child support Labor, in consultation with the De- year— cases. If we fail to use this prime op- partment of Health and Human Serv- ‘‘(A) the incentive base amount for the portunity to re-establish medical sup- ices, to submit recommendations for State for the fiscal year; divided by port as a priority, enforcement of med- any other necessary improvements to ‘‘(B) the sum of the incentive base amounts ical support might be even more dismal the medical child support provisions of for all of the States for the fiscal year. ‘‘(4) INCENTIVE BASE AMOUNT.—In paragraph in the future. ERISA. Finally, the bill commissions a (3), the term ‘incentive base amount’ means, The Child Support Performance Im- work group composed of medical sup- with respect to a State and a fiscal year, the provement Act of 1998 will improve the port experts from state agencies, em- sum of the applicable percentages (deter- collection of medical support in two ployers, plan administrators and child mined in accordance with paragraph (6)) significant ways. First, it requires the advocates to identify and make rec- multiplied by the corresponding maximum Secretary of Health and Human Serv- ommendations for the elimination of incentive base amounts for the State for the ices to create a sixth medical support any remaining medical support bar- fiscal year, with respect to each of the fol- criterion upon which Federal incen- riers. lowing measures of State performance for tives payments will be based. This The Child Support Performance Im- the fiscal year: ‘‘(A) The paternity establishment perform- sixth medical support incentives factor provement Act of 1998 is designed to ance level. will not only ensure that States do improve States’ overall child support ‘‘(B) The support order performance level. their best to collect medical support, collections with a special emphasis on ‘‘(C) The current payment performance but it will also send a message to the the effective enforcement of medical level. S2426 CONGRESSIONAL RECORD — SENATE March 23, 1998

‘‘(D) The arrearage payment performance ‘‘If the paternity establishment performance year, then the applicable percentage with re- level. level is: The applicable spect to the State’s support order perform- ‘‘(E) The cost-effectiveness performance percentage is: ance level is 50 percent. level. At least: But less than: ‘‘(C) COLLECTIONS ON CURRENT CHILD SUP- ‘‘(5) MAXIMUM INCENTIVE BASE AMOUNT.— PORT DUE.— ‘‘(A) IN GENERAL.—For purposes of para- 63% ...... 64% ...... 73 ‘‘(i) DETERMINATION OF CURRENT PAYMENT graph (4), the maximum incentive base 62% ...... 63% ...... 72 PERFORMANCE LEVEL.—The current payment amount for a State for a fiscal year is— 61% ...... 62% ...... 71 performance level for a State for a fiscal ‘‘(i) with respect to the performance meas- 60% ...... 61% ...... 70 year is equal to the total amount of current ures described in subparagraphs (A), (B), and 59% ...... 60% ...... 69 support collected during the fiscal year (C) of paragraph (4), 100 percent of the State 58% ...... 59% ...... 68 under the State plan approved under this collections base for the fiscal year; and 57% ...... 58% ...... 67 part divided by the total amount of current ‘‘(ii) with respect to the performance meas- 56% ...... 57% ...... 66 support owed during the fiscal year in all ures described in subparagraphs (D) and (E) 55% ...... 56% ...... 65 cases under the State plan, expressed as a of paragraph (4), 75 percent of the State col- 54% ...... 55% ...... 64 percentage. 53% ...... 54% ...... 63 lections base for the fiscal year. ‘‘(ii) DETERMINATION OF APPLICABLE PER- 52% ...... 53% ...... 62 ‘‘(B) DATA REQUIRED TO BE COMPLETE AND CENTAGE.—The applicable percentage with 51% ...... 52% ...... 61 RELIABLE.—Notwithstanding subparagraph respect to a State’s current payment per- 50% ...... 51% ...... 60 (A), the maximum incentive base amount for formance level is as follows: 0% ...... 50% ...... 0. a State for a fiscal year with respect to a performance measure described in paragraph Notwithstanding the preceding sentence, if (4) is zero, unless the Secretary determines, ‘‘If the current payment performance level the paternity establishment performance is: The applicable on the basis of an audit performed under sec- level of a State for a fiscal year is less than tion 452(a)(4)(C)(i), that the data which the percentage is: 50 percent but exceeds by at least 10 percent- At least: But less than: State submitted pursuant to section age points the paternity establishment per- 454(15)(B) for the fiscal year and which is formance level of the State for the imme- 80% ...... 100 used to determine the performance level in- diately preceding fiscal year, then the appli- 79% ...... 80% ...... 98 volved is complete and reliable. cable percentage with respect to the State’s 78% ...... 79% ...... 96 ‘‘(C) STATE COLLECTIONS BASE.—For pur- paternity establishment performance level is 77% ...... 78% ...... 94 poses of subparagraph (A), the State collec- 50 percent. 76% ...... 77% ...... 92 tions base for a fiscal year is equal to the ‘‘(B) ESTABLISHMENT OF CHILD SUPPORT OR- 75% ...... 76% ...... 90 sum of— DERS.— 74% ...... 75% ...... 88 ‘‘(i) 2 times the sum of— ‘‘(i) DETERMINATION OF SUPPORT ORDER PER- 73% ...... 74% ...... 86 ‘‘(I) the total amount of support collected FORMANCE LEVEL.—The support order per- 72% ...... 73% ...... 84 during the fiscal year under the State plan formance level for a State for a fiscal year is 71% ...... 72% ...... 82 approved under this part in cases in which the percentage of the total number of cases 70% ...... 71% ...... 80 the support obligation involved is required under the State plan approved under this 69% ...... 70% ...... 79 to be assigned to the State pursuant to part part in which there is a support order during 68% ...... 69% ...... 78 A or E of this title or title XIX; and the fiscal year. 67% ...... 68% ...... 77 ‘‘(II) the total amount of support collected ‘‘(ii) DETERMINATION OF APPLICABLE PER- 66% ...... 67% ...... 76 during the fiscal year under the State plan CENTAGE.—The applicable percentage with 65% ...... 66% ...... 75 approved under this part in cases in which respect to a State’s support order perform- 64% ...... 65% ...... 74 the support obligation involved was so as- ance level is as follows: 63% ...... 64% ...... 73 signed but, at the time of collection, is not 62% ...... 63% ...... 72 required to be so assigned; and 61% ...... 62% ...... 71 ‘‘(ii) the total amount of support collected ‘‘If the support order performance level is: 60% ...... 61% ...... 70 during the fiscal year under the State plan The applicable percentage is: 59% ...... 60% ...... 69 approved under this part in all other cases. At least: But less than: 58% ...... 59% ...... 68 ‘‘(6) DETERMINATION OF APPLICABLE PER- 57% ...... 58% ...... 67 80% ...... 100 CENTAGES BASED ON PERFORMANCE LEVELS.— 56% ...... 57% ...... 66 79% ...... 80% ...... 98 ‘‘(A) PATERNITY ESTABLISHMENT.— 55% ...... 56% ...... 65 ‘‘(i) DETERMINATION OF PATERNITY ESTAB- 78% ...... 79% ...... 96 77% ...... 78% ...... 94 54% ...... 55% ...... 64 LISHMENT PERFORMANCE LEVEL.—The pater- 53% ...... 54% ...... 63 nity establishment performance level for a 76% ...... 77% ...... 92 75% ...... 76% ...... 90 52% ...... 53% ...... 62 State for a fiscal year is, at the option of the 51% ...... 52% ...... 61 State, the IV–D paternity establishment per- 74% ...... 75% ...... 88 73% ...... 74% ...... 86 50% ...... 51% ...... 60 centage determined under section 49% ...... 50% ...... 59 452(g)(2)(A) or the statewide paternity estab- 72% ...... 73% ...... 84 71% ...... 72% ...... 82 48% ...... 49% ...... 58 lishment percentage determined under sec- 47% ...... 48% ...... 57 tion 452(g)(2)(B). 70% ...... 71% ...... 80 69% ...... 70% ...... 79 46% ...... 47% ...... 56 ‘‘(ii) DETERMINATION OF APPLICABLE PER- 68% ...... 69% ...... 78 45% ...... 46% ...... 55 CENTAGE.—The applicable percentage with 67% ...... 68% ...... 77 44% ...... 45% ...... 54 respect to a State’s paternity establishment 66% ...... 67% ...... 76 43% ...... 44% ...... 53 performance level is as follows: 65% ...... 66% ...... 75 42% ...... 43% ...... 52 64% ...... 65% ...... 74 41% ...... 42% ...... 51 40% ...... 41% ...... 50 ‘‘If the paternity establishment performance 63% ...... 64% ...... 73 level is: The applicable 62% ...... 63% ...... 72 0% ...... 40% ...... 0. percentage is: 61% ...... 62% ...... 71 At least: But less than: 60% ...... 61% ...... 70 Notwithstanding the preceding sentence, if 59% ...... 60% ...... 69 the current payment performance level of a 80% ...... 100 58% ...... 59% ...... 68 State for a fiscal year is less than 40 percent 79% ...... 80% ...... 98 57% ...... 58% ...... 67 but exceeds by at least 5 percentage points 78% ...... 79% ...... 96 56% ...... 57% ...... 66 the current payment performance level of 77% ...... 78% ...... 94 55% ...... 56% ...... 65 the State for the immediately preceding fis- 76% ...... 77% ...... 92 54% ...... 55% ...... 64 cal year, then the applicable percentage with 75% ...... 76% ...... 90 53% ...... 54% ...... 63 respect to the State’s current payment per- 74% ...... 75% ...... 88 52% ...... 53% ...... 62 formance level is 50 percent. 73% ...... 74% ...... 86 51% ...... 52% ...... 61 ‘‘(D) COLLECTIONS ON CHILD SUPPORT AR- 72% ...... 73% ...... 84 50% ...... 51% ...... 60 REARAGES.— 71% ...... 72% ...... 82 0% ...... 50% ...... 0. ‘‘(i) DETERMINATION OF ARREARAGE PAY- 70% ...... 71% ...... 80 MENT PERFORMANCE LEVEL.—The arrearage 69% ...... 70% ...... 79 Notwithstanding the preceding sentence, if payment performance level for a State for a 68% ...... 69% ...... 78 the support order performance level of a fiscal year is equal to the total number of 67% ...... 68% ...... 77 State for a fiscal year is less than 50 percent cases under the State plan approved under 66% ...... 67% ...... 76 but exceeds by at least 5 percentage points this part in which payments of past-due 65% ...... 66% ...... 75 the support order performance level of the child support were received during the fiscal 64% ...... 65% ...... 74 State for the immediately preceding fiscal year and part or all of the payments were March 23, 1998 CONGRESSIONAL RECORD — SENATE S2427

distributed to the family to whom the past- ‘‘If the cost-effectiveness performance level ‘‘(1) IN GENERAL.—Until such time as the due child support was owed (or, if all past- is: The applicable State qualifies for the maximum incentive due child support owed to the family was, at percentage is: amount possible, as determined under sub- the time of receipt, subject to an assignment At least: But less than: section (b)(5), payments under this section to the State, part or all of the payments and section 458 shall supplement, not sup- were retained by the State) divided by the 5.00 ...... 100 plant, State child support expenditures total number of cases under the State plan 4.50 ...... 4.99 ...... 90 under the State program under this part to in which there is past-due child support, ex- 4.00 ...... 4.50 ...... 80 the extent that such expenditures were fund- pressed as a percentage. 3.50 ...... 4.00 ...... 70 ed by the State in fiscal year 1997. ‘‘(ii) DETERMINATION OF APPLICABLE PER- 3.00 ...... 3.50 ...... 60 ‘‘(2) PENALTY.—Failure to satisfy the re- CENTAGE.—The applicable percentage with 2.50 ...... 3.00 ...... 50 quirement of paragraph (1) shall result in a respect to a State’s arrearage payment per- 2.00 ...... 2.50 ...... 40 proportionate reduction, determined by the formance level is as follows: 0.00 ...... 2.00 ...... 0. Secretary, of future payments to the State under this section and section 458.’’. ‘‘(F) MEDICAL SUPPORT.—Subject to section (b) PAYMENTS DURING TRANSITION PE- ‘‘If the arrearage payment performance 2(d)(2)(C) of the Child Support Performance level is: The applicable Improvement Act of 1998, the medical sup- RIOD.—Notwithstanding section 458A of the percentage is: port performance level for a State for a fis- Social Security Act (42 U.S.C. 658A), as added At least: But less than: cal year, and the applicable percentage for a by subsection (a), the amount of an incentive State with respect to such level, shall be de- payment for a State under such section shall 80% ...... 100 termined in accordance with regulations im- not be— 79% ...... 80% ...... 98 plementing the recommendations required to (1) in the case of fiscal year 2000, less than 78% ...... 79% ...... 96 be included in the report submitted under 80 percent or greater than 120 percent of the 77% ...... 78% ...... 94 section 2(d)(2)(B) of such Act. incentive payment for the State determined 76% ...... 77% ...... 92 ‘‘(c) TREATMENT OF INTERSTATE COLLEC- under section 458 of the Social Security Act 75% ...... 76% ...... 90 TIONS.—In computing incentive payments (42 U.S.C. 658) for fiscal year 1999 (as such 74% ...... 75% ...... 88 under this section, support which is collected section was in effect for such fiscal year); 73% ...... 74% ...... 86 by a State at the request of another State (2) in the case of fiscal year 2001, less than 72% ...... 73% ...... 84 shall be treated as having been collected in 60 percent or greater than 140 percent of the incentive payment for the State (as so deter- 71% ...... 72% ...... 82 full by both States, and any amounts ex- pended by a State in carrying out a special mined); 70% ...... 71% ...... 80 project assisted under section 455(e) shall be (3) in the case of fiscal year 2002, less than 69% ...... 70% ...... 79 excluded. 40 percent or greater than 160 percent of the 68% ...... 69% ...... 78 ‘‘(d) ADMINISTRATIVE PROVISIONS.—The incentive payment for the State (as so deter- 67% ...... 68% ...... 77 amounts of the incentive payments to be mined); and 66% ...... 67% ...... 76 made to the States under this section for a (4) in the case of fiscal year 2003, less than 65% ...... 66% ...... 75 fiscal year shall be estimated by the Sec- 20 percent or greater than 180 percent of the 64% ...... 65% ...... 74 retary at or before the beginning of the fiscal incentive payment for the State (as so deter- 63% ...... 64% ...... 73 year on the basis of the best information mined). 62% ...... 63% ...... 72 available, as obtained in accordance with (c) REGULATIONS.—Within 9 months after section 452(a)(12). The Secretary shall make 61% ...... 62% ...... 71 the date of enactment of this section, the the payments for the fiscal year, on a quar- 60% ...... 61% ...... 70 Secretary of Health and Human Services terly basis (with each quarterly payment 59% ...... 60% ...... 69 shall, in addition to the regulations required being made not later than the beginning of 58% ...... 59% ...... 68 under section 458A(e) of the Social Security the quarter involved), in the amounts so es- 57% ...... 58% ...... 67 Act, issue regulations governing the imple- timated, reduced, or increased to the extent 56% ...... 57% ...... 66 mentation of section 458A of the Social Secu- of any overpayments or underpayments 55% ...... 56% ...... 65 rity Act, when such section takes effect, and which the Secretary determines were made 54% ...... 55% ...... 64 the implementation of subsection (b) of this under this section to the States involved for 53% ...... 54% ...... 63 section. prior periods and with respect to which ad- 52% ...... 53% ...... 62 justment has not already been made under (d) STUDIES.— 51% ...... 52% ...... 61 this subsection. Upon the making of any es- (1) GENERAL REVIEW OF NEW INCENTIVE PAY- 50% ...... 51% ...... 60 timate by the Secretary under the preceding MENT SYSTEM.— 49% ...... 50% ...... 59 sentence, any appropriations available for (A) IN GENERAL.—The Secretary of Health 48% ...... 49% ...... 58 payments under this section are deemed ob- and Human Services (in this subsection re- 47% ...... 48% ...... 57 ligated. ferred to as the ‘‘Secretary’’) shall conduct a 46% ...... 47% ...... 56 ‘‘(e) REGULATIONS.— study of the implementation of the incentive 45% ...... 46% ...... 55 ‘‘(1) IN GENERAL.—The Secretary shall pre- payment system established by section 458A 44% ...... 45% ...... 54 scribe such regulations as may be necessary of the Social Security Act, in order to iden- 43% ...... 44% ...... 53 governing the calculation of incentive pay- tify the problems and successes of the sys- 42% ...... 43% ...... 52 ments under this section, including direc- tem. 41% ...... 42% ...... 51 tions for excluding from the calculations (B) REPORTS TO CONGRESS.— 40% ...... 41% ...... 50 certain closed cases and cases over which the (i) REPORT ON VARIATIONS IN STATE PER- 0% ...... 40% ...... 0. States do not have jurisdiction, and regula- FORMANCE ATTRIBUTABLE TO DEMOGRAPHIC tions excluding from the calculations of the VARIABLES.—Not later than October 1, 2000, Notwithstanding the preceding sentence, if current payment performance level and the the Secretary shall submit to Congress a re- the arrearage payment performance level of arrearage payment performance level any port that identifies any demographic or eco- a State for a fiscal year is less than 40 per- case in which the State used State funds to nomic variables that account for differences cent but exceeds by at least 5 percentage make such payments for the primary pur- in the performance levels achieved by the points the arrearage payment performance pose of increasing the State’s performance States with respect to the performance level of the State for the immediately pre- levels in such areas. measures used in the system, and contains ceding fiscal year, then the applicable per- ‘‘(2) REGULATIONS IMPLEMENTING THE MEDI- the recommendations of the Secretary for centage with respect to the State’s arrearage CAL SUPPORT PERFORMANCE LEVEL.—Subject such adjustments to the system as may be payment performance level is 50 percent. to section 2(d)(2)(C) of the Child Support Per- necessary to ensure that the relative per- ‘‘(E) COST-EFFECTIVENESS.— formance Improvement Act of 1998, the Sec- formance of States is measured from a base- ‘‘(i) DETERMINATION OF COST-EFFECTIVENESS retary shall prescribe regulations imple- line that takes account of any such vari- PERFORMANCE LEVEL.—The cost-effectiveness menting the recommendations required to be ables. performance level for a State for a fiscal included in the report submitted under sec- (ii) INTERIM REPORT.—Not later than March year is equal to the total amount collected tion 2(d)(2)(B) of such Act. To the extent nec- 1, 2001, the Secretary shall submit to Con- during the fiscal year under the State plan essary to ensure that the implementation of gress an interim report that contains the approved under this part divided by the total such recommendations does not result in findings of the study required by subpara- amount expended during the fiscal year total Federal expenditures under this section graph (A). under the State plan, expressed as a ratio. in excess of the amount of such expenditures (iii) FINAL REPORT.—Not later than October ‘‘(ii) DETERMINATION OF APPLICABLE PER- in the absence of such implementation, such 1, 2003, the Secretary shall submit to Con- CENTAGE.—The applicable percentage with regulations may increase or decrease the gress a final report that contains the final respect to a State’s cost-effectiveness per- percentages specified in clauses (i) and (ii) of findings of the study required by subpara- formance level is as follows: subsection (b)(5)(A). graph (A). The report shall include any rec- ‘‘(f) REINVESTMENT.— ommendations for changes in the system S2428 CONGRESSIONAL RECORD — SENATE March 23, 1998 that the Secretary determines would im- same manner as a resolution is considered ‘‘(ii) appropriate procedures for the trans- prove the operation of the child support en- under subsections (d), (e), and (f) of section mission of such Notice to employers by State forcement program. 2908 of the Defense Base Closure and Realign- agencies administering the program estab- (2) DEVELOPMENT OF MEDICAL SUPPORT IN- ment Act of 1990 (10 U.S.C. 2687 note). lished under this part; CENTIVE.— (e) TECHNICAL AMENDMENTS.— ‘‘(B) not later than 90 days after the date of (A) IN GENERAL.—The Secretary, in con- (1) IN GENERAL.—Section 341 of the Per- enactment of this paragraph, establish with sultation with State directors of programs sonal Responsibility and Work Opportunity the Secretary of Labor, a medical support Reconciliation Act of 1996 (42 U.S.C. 658 note) operated under part D of title IV of the So- working group, not to exceed 20 individuals, is amended— cial Security Act and representatives of chil- that shall— dren potentially eligible for medical support, (A) by striking subsection (a) and redesig- ‘‘(i) identify the impediments to the effec- such as child advocacy organizations, shall nating subsections (b), (c), and (d) as sub- tive enforcement of medical support by develop a new medical support performance sections (a), (b), and (c), respectively; and measure based on the effectiveness of States (B) in subsection (c) (as so redesignated)— State agencies administering the program in establishing and enforcing medical sup- (i) by striking paragraph (1) and inserting established under this part; and port obligations, and shall make rec- the following: ‘‘(ii) be composed of representatives of— ommendations for the incorporation of the ‘‘(1) CONFORMING AMENDMENTS TO PRESENT ‘‘(I) the Department of Labor; measure, in a revenue neutral manner, into SYSTEM.—The amendments made by sub- ‘‘(II) the Department of Health and Human the incentive payment system established by section (a) of this section shall become effec- Services; section 458A of the Social Security Act. tive with respect to a State as of the date ‘‘(III) State directors of programs under (B) REPORT.—Not later than October 1, the amendments made by section 103(a) this part; 1999, the Secretary shall submit to the Com- (without regard to section 116(a)(2)) first ‘‘(IV) State directors of the medicaid pro- mittee on Ways and Means of the House of apply to the State.’’; and gram under title XIX; Representatives and the Committee on Fi- (ii) in paragraph (2), by striking ‘‘(c)’’ and ‘‘(V) employers, including owners of small nance of the Senate, a report that describes inserting ‘‘(b)’’. businesses; the performance measure and contains the (2) EFFECTIVE DATE.—The amendments ‘‘(VI) plan administrators and plan spon- recommendations required under subpara- made by this subsection shall take effect as sors of group health plans (as defined in sec- graph (A). if included in the enactment of section 341 of tion 607(1) of the Employee Retirement In- (C) CONGRESSIONAL DISAPPROVAL RE- the Personal Responsibility and Work Oppor- come Security Act of 1974 (29 U.S.C. 1167(1)); QUIRED.— tunity Reconciliation Act of 1996. ‘‘(VII) children potentially eligible for (i) IN GENERAL.—The Secretary shall, by (f) ELIMINATION OF PREDECESSOR INCENTIVE medical support, such as child advocacy or- regulation, implement the recommendations PAYMENT SYSTEM.— ganizations; and (1) REPEAL.—Section 458 of the Social Se- required to be included in the report submit- ‘‘(VIII) State public welfare programs; curity Act (42 U.S.C. 658) is repealed. ted under subparagraph (B) unless a joint ‘‘(C) require the working group established (2) CONFORMING AMENDMENTS.— resolution is enacted, in accordance with in accordance with subparagraph (B) to— subparagraph (D), disapproving such rec- (A) Section 458A of the Social Security Act (42 U.S.C. 658a) is redesignated as section 458. ‘‘(i) not later than 18 months after the date ommendations before the end of the 1-year of enactment of this paragraph, submit to period that begins on the date on which the (B) Paragraphs (1) and (2) of section 458(f) the Secretary and Congress a report contain- Secretary submits such report. (as so redesignated) are each amended by ing recommendations for appropriate meas- (ii) EXCLUSION OF CERTAIN DAYS.—For pur- striking ‘‘and section 458’’. ures to address the impediments to the effec- poses of clause (i) and subparagraph (D), the (C) Subsections (c) and (d) of this section days on which either House of Congress is are each amended by striking ‘‘458A’’ each tive enforcement of medical support by not in session because of an adjournment of place it appears and inserting ‘‘458’’. State agencies administering the program more than 3 days to a day certain shall be (3) EFFECTIVE DATE.—The amendments established under this part identified by the excluded from the computation of the period. made by this subsection shall take effect on working group, including— (D) CONGRESSIONAL CONSIDERATION.— October 1, 2003. ‘‘(I) appropriate measures that establish (i) TERMS OF THE RESOLUTION.—For pur- (g) GENERAL EFFECTIVE DATE.—Except as the priority of withholding of child support poses of subparagraph (C)(i), the term ‘‘joint otherwise provided in this section, the obligations, medical support obligations, ar- resolution’’ means only a joint resolution amendments made by this section shall take rearages in such obligations, and, in the case that is introduced within the 1-year period effect on October 1, 1999. of a medical support obligation, the employ- described in such subparagraph and— SEC. 3. DATA INTEGRITY. ee’s portion of any health care coverage pre- (I) that does not have a preamble; (a) DUTY OF THE SECRETARY TO ENSURE RE- mium, by the State agency administering (II) the matter after the resolving clause of LIABLE DATA.—Section 452(a) of the Social the program established under this part in which is as follows: ‘‘That Congress dis- Security Act (42 U.S.C. 652(a)) is amended— light of the restrictions on garnishment pro- approves the recommendations of the Sec- (1) in paragraph (10), by striking ‘‘and’’ at vided under title III of the Consumer Credit retary of Health and Human Services regard- the end; Protection Act (15 U.S.C. 1671–1677); ing the implementation of a medical support (2) in paragraph (11), by striking the period ‘‘(II) appropriate procedures for coordinat- and inserting ‘‘; and’’; and performance measure submitted on llll’’, ing the provision, enforcement, and transi- (3) by adding at the end the following: the blank space being filled in with the ap- tion of health care coverage under the State ‘‘(12) ensure that data required for the op- propriate date; and programs established under this part, title (III) the title of which is as follows: ‘‘Joint eration of State programs under this part is complete and reliable by providing Federal XIX, and title XXI; resolution disapproving the recommenda- ‘‘(III) appropriate measures to improve the tions of the Secretary of Health and Human guidance, technical assistance, and monitor- ing.’’. enforcement of alternate types of medical Services regarding the implementation of a support that are aside from health coverage medical support performance measure.’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on offered through the noncustodial parent’s (ii) REFERRAL.—A resolution described in the date of enactment of this Act. health plan and unrelated to the noncusto- clause (i) that is introduced— dial parent’s employer, including measures (I) in the House of Representatives, shall SEC. 4. ELIMINATION OF BARRIERS TO THE EF- FECTIVE ESTABLISHMENT AND EN- that establish a noncustodial parent’s re- be referred to the Committee on Ways and FORCEMENT OF MEDICAL CHILD sponsibility to share the cost of a copay- Means; and SUPPORT. ment, deductible, or a payment for services (II) in the Senate, shall be referred to the (a) PROMULGATION OF NATIONAL STANDARD- Committee on Finance. not covered under a child’s existing health IZED MEDICAL SUPPORT NOTICE.—Section coverage; and (iii) DISCHARGE.—If a committee to which a 452(a) of the Social Security Act (42 U.S.C. ‘‘(IV) appropriate measures for eliminating resolution described in clause (i) is referred 652(a)), as amended by section 3(a), is amend- any other impediments to the effective en- has not reported such resolution by the end ed— of the 20-day period beginning on the date on (1) in paragraph (11), by striking ‘‘and’’ at forcement of medical support orders that the which the Secretary submits the report re- the end; working group deems necessary; and quired under subparagraph (B), such commit- (2) in paragraph (12), by striking the period ‘‘(D) issue, under the authority of the Sec- tee shall be, at the end of such period, dis- and inserting ‘‘; and’’; and retary— charged from further consideration of such (3) by adding at the end the following: ‘‘(i) not later than 180 days after the date resolution, and such resolution shall be ‘‘(13)(A) develop jointly with the Secretary of enactment of this paragraph, a proposed placed on the appropriate calendar of the of Labor— regulation that specifies that the National House involved. ‘‘(i) a National Standardized Medical Sup- Standardized Medical Support Notice shall (iv) CONSIDERATION.—On or after the third port Notice that satisfies the requirements be used by State agencies administering the day after the date on which the committee of section 609(a)(3) of the Employee Retire- program under this part to enforce medical to which a resolution described in clause (i) ment Income Security Act of 1974 (29 U.S.C. support orders, and that includes such proce- has reported, or has been discharged from 1169(a)(3)) and the requirements of this part dures for transmission of the Notice to em- further consideration of such resolution, and shall be used by States to enforce medi- ployers that the Secretary determines are such resolution shall be considered in the cal support orders; and appropriate; and March 23, 1998 CONGRESSIONAL RECORD — SENATE S2429 ‘‘(ii) not later than 1 year after the date of medical child support order and the plan ad- sue medical support—particularly, enactment of this paragraph, a final regula- ministrator shall comply with the notice.’’. health insurance coverage—when it is tion that specifies that the National Stand- (2) RULE OF CONSTRUCTION.—The amend- available to non-custodial parents at a ardized Medical Support Notice shall be used ment made by paragraph (1) shall not be con- reasonable cost, only 60 percent of es- by State agencies administering the program strued as requiring an employer to provide under this part to enforce medical support or expand any health benefits coverage pro- tablished child support orders included orders and the procedures for the trans- vided by the employer that the employer is medical support in 1995. Moreover, the mission of that Notice to employers.’’. not, as of the date of enactment of this sec- General Accounting Office has reported (b) REQUIRED USE OF NOTICE BY STATES.— tion, required to provide, or to modify or that as many as 20 states were not en- (1) STATE PROCEDURES.—Section 466(a)(19) change the eligibility rules applicable to a forcing existing medical support or- of the Social Security Act (42 U.S.C. group health plan (as defined in section 607(1) ders. This legislation addresses the in- 466(a)(19)) is amended to read as follows: of the Employee Retirement Income Secu- ability of children of single parents to ‘‘(19) HEALTH CARE COVERAGE.—Procedures rity Act of 1974 (29 U.S.C. 1167(1))). receive this crucial form of support by (d) REPORT AND RECOMMENDATIONS REGARD- under which— requiring the Secretary of Health and ‘‘(A) all child support orders enforced pur- ING THE ENFORCEMENT OF QUALIFIED MEDICAL suant to this part include a provision for the SUPPORT ORDERS UNDER ERISA.—Not later Human Services to develop and imple- health care coverage of the child that, not than 1 year after the date of enactment of ment a medical support performance later than October 1, 2000, is enforced, where this Act, the Secretary of Labor, in consulta- factor. Enabling child support agencies appropriate, through the use of the National tion with the Secretary of Health and to enforce the requirement for medical Standardized Medical Support Notice pro- Human Services, shall submit to the Com- support through ERISA-protected mulgated pursuant to section 452(a)(13); mittee on Labor and Human Resources and plans would shift many of the 700,000 ‘‘(B) in any case in which a noncustodial the Committee on Finance of the Senate, and the Committee on Education and the children who currently receive public parent is required to provide such health health coverage to private health in- care coverage and the employer of such non- Workforce and the Committee on Ways and custodial parent is known to the State agen- Means of the House of Representatives, a re- surance, thereby reducing significantly cy, the State agency shall use the National port containing recommendations for appro- the cost to the public. Standardized Medical Support Notice to priate legislation to improve the effective- Mr. President, my colleagues and I transfer notice of the provision for the ness of, and enforcement of, qualified medi- are determined to ensure that the mil- health care coverage of the child to the em- cal child support orders under the provisions of section 609 of the Employee Retirement lions of American children who are ployer in conjunction, where appropriate, being short-changed by the non-pay- with an income withholding notice within 2 Income Security Act of 1974 (29 U.S.C. 1169). ment of child support, and medical sup- days of the date that information regarding Mr. KERRY. Mr. President, I am port particularly, get help in the form a newly hired employee is entered in the pleased to join the distinguished Sen- of stricter enforcement. We are con- State Directory of New Hires pursuant to ators from West Virginia and Maine as section 453A(e), and to any subsequent em- fident that the Rockefeller-Snowe- a co-sponsor of this very important leg- ployer if the parent changes employment or Kerry approach will make great strides islation on behalf of America’s chil- obtains additional employment and the sub- toward this end and urge all of our col- dren. Senators ROCKEFELLER and sequent employer of such noncustodial par- leagues to support this important leg- SNOWE have long been leaders in the ef- ent is known to the State agency; islation. ‘‘(C) not later than 7 business days after fort to crack down on delinquent par- the date the National Standardized Medical ents who would deny their children the Support Notice is issued, the Notice shall op- much-needed financial support to By Mr. ROTH: erate to enroll the child in the noncustodial which they are entitled. I commend S. 1810. A bill to suspend temporarily parent’s employer’s health plan, and to au- their dedication to this worthy cause. the duty on a certain anti-HIV and thorize the collection of any employee con- anti-AIDS drug; to the Committee on tributions required for such enrollment, un- Each year, as much as $15 to $25 bil- less the noncustodial parent contests en- lion in child support remains uncol- finance. forcement of the health care coverage provi- lected. Of the 5.4 million single moth- DUTY SUSPENSION LEGISLATION sion of the child support order pursuant to ers who were owed child support in Mr. ROTH. Mr. President, I rise the Notice to the State agency based on mis- 1994, slightly more than half received today to introduce temporary duty sus- take of fact; and the full amount due, while one quarter pension legislation for the active ingre- ‘‘(D) the employer shall, within 21 days received partial payment and one quar- dient used in producing Sustiva, a after the date the Notice is issued, notify the ter received not a penny. The delin- State agency administering the program breakthrough drug for treating people quency of deadbeat parents is not only under this part whether such health care with HIV and AIDS. coverage is available and, if so, whether the a disgrace, but also an emergency, as it child has been enrolled in such coverage and primarily impacts the neediest chil- I am pleased to introduce this bill on the effective date of the enrollment, and pro- dren of this nation. One of every four the active ingredients in a drug that vide to the custodial parent any necessary children in America lives in a single could simplify treatment for HIV pa- documentation to provide the child with cov- parent family, 18.7 million children in tients and could possibly reduce the erage.’’. all. Half of these children live at or level of this virus in the bloodstream. (2) CONFORMING AMENDMENTS.—Section below the poverty level, compared with By temporarily suspending the imposi- 452(f) of the Social Security Act (42 U.S.C. only slightly more than one out of tion of duties, this bill will help Du- 652(f)) is amended in the first sentence— Pont Merck, a company located in Wil- (A) by striking ‘‘petition for the inclusion every ten children in two-parent fami- of’’ and inserting ‘‘include’’; and lies. mington, Delaware, lower its cost of (B) by inserting ‘‘and enforce medical sup- The Rockefeller-Snowe-Kerry Child production and improve its competi- port’’ before ‘‘whenever’’. Support Performance Act of 1997 aims tiveness. (c) NATIONAL STANDARDIZED MEDICAL SUP- to restructure and improve the federal Mr. President, I ask unanimous con- PORT NOTICE DEEMED A QUALIFIED MEDICAL performance incentive system for state sent that the text of the bill be printed CHILD SUPPORT ORDER.— collection of child support. It does so in the RECORD. (1) AMENDMENT TO ERISA.—Section 609(a)(5) by replacing the system’s current em- of the Employee Retirement Income Secu- There being no objection, the bill was rity Act of 1974 (29 U.S.C. 1169(a)(5)) is phasis on the cost effectiveness of state ordered to be printed in the RECORD, as amended by adding at the end the following: programs with one that recognizes sub- follows: stantive achievements. Moreover, the ‘‘(C) NATIONAL STANDARDIZED MEDICAL SUP- S. 1810 PORT NOTICE DEEMED TO BE A QUALIFIED MEDI- bill requires states to use federal in- CAL CHILD SUPPORT ORDER.—If a group health centives payments to supplement, not Be it enacted by the Senate and House of Rep- plan administrator receives a completed Na- supplant, existing state expenditures resentatives of the United States of America in tional Standardized Medical Support Notice to enforce child support orders. Congress assembled, promulgated pursuant to section 452(a)(13) of I am particularly committed to SECTION 1. TEMPORARY SUSPENSION OF DUTY. the Social Security Act (42 U.S.C. 652(a)(13)), working toward the goal of passing the and the notice meets the requirements of (a) IN GENERAL.—Subchapter II of chapter paragraphs (3) and (4), the notice shall, not medical support component of the 99 of the Harmonized Tariff Schedule of the later than 7 business days after the date the Rockefeller-Snowe-Kerry bill. Al- United States is amended by inserting in nu- National Standardized Medical Support No- though federal law requires state child merical sequence the following new heading: tice is issued, be deemed to be a qualified support enforcement agencies to pur- S2430 CONGRESSIONAL RECORD — SENATE March 23, 1998 ‘‘9902.32.56 6-Chloro-4- Now I am 70 years old, but to other watch the President put the lives of (cyclopropylethynyl)- 1, 4-Dihydro-4- Senators this will involve their moth- senior citizens all across this country (trifluro-methyl)-2H- ers and fathers. To the younger genera- in a potentially dangerous situation. 3, 1-benzoxazin-2- one (CAS No. tion, this will involve the treatment of Thank you, Mr. President. I urge all 154598–52–4) (pro- their grandparents. the members to support this legisla- vided for in sub- heading 2934.90.30) Free No No On or be- I have to ask, do you really want to tion. change change fore 12/ send your mother or father, or grand- 31/ 2000’’. parents in for a critical operation and By Mr. LAUTENBERG: have the anesthesia administered by a S. 1818. A bill to suspend temporarily (b) EFFECTIVE DATE.—The amendment made by this section applies with respect to non-doctor? the duty on organic luminescent pig- goods entered, or withdrawn from warehouse Does the same standard apply to sen- ments, dyes, and fibers for security ap- for consumption, on or after the 15th day ior government officials? I would as- plications; to the Committee on Fi- after the date of enactment of this Act. sume the President had a doctor ad- nance. minister his anesthesia. When I asked S. 1819. A bill to suspend temporarily By Mr. FAIRCLOTH: HHS Secretary Shalala whether she the duty on fluorozirconium com- S. 1811. A bill to prohibit the Sec- would choose a nurse or doctor to ad- pounds; to the Committee on Finance. retary of Health and Human Services minister the anesthesia, when pressed S. 1820. A bill to suspend temporarily from promulgating any regulation, she said she would ask her doctor! the duty on 4-Hexylresorcinol; to the rule, or other order if the effect of such Here we go again, one standard for Committee on Finance. regulation, rule, or order is to elimi- Washington officials—another for ev- S. 1821. A bill to suspend temporarily nate or modify any requirement under eryone else. I think that is wrong. the duty on polymethine sensitizing the medicare program under title Mr. President, I want to make an im- dyes for imaging applications; to the XVIII of the Social Security Act for portant point. This is not about dimin- Committee on Finance. physician supervision of anesthesia ishing the important role that nurses services, as such requirement was in ef- play an important role in the health DUTY SUSPENSION LEGISLATION fect on December 31, 1997; to the Com- care system. They play a valuable, Mr. LAUTENBERG. Mr. President, I mittee on Finance. great role. But on this one issue, I feel rise today to introduce legislation to THE SAFE SENIORS MEDICAL CARE ACT OF 1998 that the practice of Anesthesiology is suspend temporarily the rate of duty Mr. FAIRCLOTH. Mr. President, I simply too important to the any medi- on four products produced by a con- come before you today to introduce cal procedure to be left to those that stituent, AlliedSignal Inc. I am intro- legislation that should be of interest to are not trained extensively in this ducing a separate bill for each of the all senior citizens in the U.S. field. Anesthesia is the most important four products. The first is organic lu- Mr. President, I must share with you part of any operation, particularly for minescent pigments, dyes, and fibers my shock and outrage when I learned the elderly. that are used in products requiring se- of a recently proposed rule by the Clin- Nurse anesthetists are non-physician curity and anti-counterfeiting tech- ton Administration that eliminates the providers who normally complete a two nology. Unlike other pigments and requirement of a real anesthesiologist or three-year training technique-ori- dyes, these luminescent compounds are during surgery for Medicare and Medic- ented training program after nursing designed on a proprietary basis for one aid patients. school. Anesthesiologists are physi- specific anti-counterfeiting applica- The legislation I am introducing cians who, after taking a pre-med cur- tion. The current duty is 5.9%. The sec- today would stop the Administration riculum in college, complete four years ond product, 4-Hexylresorcinol, has a from imposing such on rule on our na- of medical school and a four-year anes- variety of applications, including in tion’s senior population. thesiology residency program. throat lozenges, topical antiseptics, At a time when President Clinton is We value the need for greater edu- and other pharmaceutical and cosmetic seeking to expand Medicare coverage cation in society, and here we are ig- applications. The current duty is 5.8%. for more Americans, why is he quietly noring the importance of extensive Potassium hexafluorozirconate and moving to lessen the standard of care education. All the rhetoric in Washing- hexafluorozirconium acid are used in for our senior citizens? This Adminis- ton these days is about the importance the treatment of aluminum alloys in a tration is proposing a change that will of education. But if the Administration variety of applications, including aero- permit non-physicians to evaluate pa- has its way, further education in the space. The current duties are 3.1% and tient health and administer anesthesia field will be deemed worthless. 4.2%. Finally, polymethine sensitizing to a population at the greatest risk for Mr. President, for three decades, dyes are used to improve the spectral complications. Medicare and Medicaid patients have response of photo-sensitive emulsions Not long ago, the President stood be- benefitted from an attending anesthe- on photographic films. These dyes are fore Congress and stated that ‘‘Medical siologist. To my knowledge, there is no complex organic molecules, and each decisions should be made by medical clinical study that can provide jus- one is typically designed on a propri- doctors’’ and that ‘‘every American de- tification for eliminating the physician etary basis to the customer’s specifica- serves quality care.’’ I totally agree supervision requirement. 81% of senior tions. The current duty is 6.8%. with the President on these important citizens oppose the President’s rule. I have received assurances from points. And you can count me in that group. AlliedSignal that there is no commer- But it’s not good enough to simply It is my understanding that there is cial US manufacturer for any of these say this—actions have to speak louder no difference in cost if this rule is im- products. Furthermore, each of the than words. This is one of the reasons plemented. The reimbursement is the products was included in the United I am introducing this bill. same to the doctor or the nurse. Fur- States Trade Representative’s ‘‘zero Mr. President, our elderly are our thermore, the number of patient deaths list’’ of chemicals whose U.S. tariffs it most vulnerable population. We estab- involving anesthesia has dramatically tried to eliminate, in exchange for con- lished Medicare because of the cost of declined since the 1950’s because we cessions from trading partners, during health care for the elderly. But Medi- have a greater number of anesthesiol- the November 1997 APEC Ministerial care doesn’t have to be second class ogists in practice. We have made great meeting. In a chemical industry-wide care. I think it is sinful to lower the strides in this field. Why would it make review of the zero list, no U.S. com- quality of care for our seniors. sense to radically change the rules at a pany objected to the proposed elimi- Furthermore, this Administration time when we are so successful? It just nation of these products’ duties. won’t even allow seniors that want to doesn’t make any sense. Suspending the duties of products pay for their own health costs to do Mr. President, the bottom line is that are not produced in the United so—without forcing the doctor out of that senior citizens don’t want this States helps our companies maintain Medicare. So our seniors have little rule, there is no difference in cost and their global competitiveness. This ben- choice, but to be treated under the there is no evidence that warrants such efits our manufacturers as well as guidelines of Medicare. a change. I simply cannot stand by and American workers and consumers. I March 23, 1998 CONGRESSIONAL RECORD — SENATE S2431 ask my colleagues to support this leg- S. 1821 nasopharyngeal radium irradiation islation. I ask unanimous consent text Be it enacted by the Senate and House of Rep- treatments over the years. of the bills be printed in the RECORD. resentatives of the United States of America in During the 1940’s and 1950’s—and per- There being no objection, the bills Congress assembled, haps later—the military treated sub- were ordered to be printed in the SECTION 1. TEMPORARY SUSPENSION OF DUTY mariners and air crew members with ON CERTAIN SENSITIZING DYES. RECORD, as follows: nasopharyngeal radium irradiation to (a) IN GENERAL.—Subchapter II of chapter S. 1818 99 of the Harmonized Tariff Schedule of the prevent ear injury caused by severe Be it enacted by the Senate and House of Rep- United States is amended by inserting in nu- pressure changes encountered in sub- resentatives of the United States of America in merical sequence the following new heading: marine and flight duty. The Final Re- Congress assembled, port of the Advisory Committee on SECTION 1. TEMPORARY SUSPENSION OF DUTY Polymethine photo- Human Radiation Experiments issued ‘‘9902.29.34 sensitizing dyes ON CERTAIN ORGANIC PIGMENTS, in 1995 cites one case where the Navy in DYES, AND FIBERS. (provided for in sub- headings the early 1940’s treated 732 submariners (a) IN GENERAL.—Subchapter II of chapter 2934.90.90 and 99 of the Harmonized Tariff Schedule of the 2933.19.90) ...... Free No No On or be- with nasopharyngeal radium irradia- change change fore 12/ tion to equalize middle ear pressure United States is amended by inserting in nu- 31/ merical sequence the following new heading: 2001’’. with a 90 percent success rate.

FFECTIVE ATE Unfortunately, scientific research ‘‘9902.32.04 Organic luminescent (b) E D .—The amendment pigments, dyes, and made by subsection (a) shall apply with re- now suggests that individuals who re- fibers for security spect to goods entered, or withdrawn from ceived this then-accepted medical applications (pro- vided for in sub- warehouse for consumption, on or after the treatment may be at increased risk for heading 3204.90.00) Free No No On or be- date that is 15 days after the date of enact- developing head and neck cancers and change change fore 12/ ment of this Act. 31/ other types of diseases and disorders. 2001’’. When nasopharyngeal irradiation was By Mr. SPECTER (for himself, administered, radiation targeted to (b) EFFECTIVE DATE.—The amendment Mr. THURMOND, Mr. JEFFORDS, made by subsection (a) shall apply with re- lymph tissue also affected the brain Mr. MURKOWSKI, Mr. ROCKE- spect to goods entered, or withdrawn from and other tissues in the head and neck, FELLER, Mr. AKAKA, Mr. warehouse for consumption, on or after the including the paranasal sinuses, sali- WELLSTONE, Mr. LIEBERMAN, date that is 15 days after the date of enact- vary glands, thyroid and parathyroid and Mrs. MURRAY): ment of this Act. glands. S. 1822. A bill to amend title 38, Mr. President, the Committee on S. 1819 United States Code, to authorize provi- Veterans Affairs will fully develop the Be it enacted by the Senate and House of Rep- sion of care to veterans treated with scientific record on this legislation. I resentatives of the United States of America in nasopharyngeal radium irradiation; to Congress assembled, the Committee on Veterans’ Affairs. will not now, therefore, discuss at length the evidence to support the SECTION 1. TEMPORARY SUSPENSION OF DUTY MEDICAL CARE TO VETERANS LEGISLATION ON CERTAIN FLUOROZIRCONIUM proposition that veterans who received COMPOUNDS. Mr. SPECTER. Mr. President, as such therapy should now be eligible for (a) IN GENERAL.—Subchapter II of chapter Chairman of the Committee on Veter- VA care to treat the previously un- 99 of the Harmonized Tariff Schedule of the ans’ Affairs, I have today introduced, known medical consequences of naso- United States is amended by inserting in nu- at the request of the Secretary of Vet- pharyngeal radium irradiation. Suffice merical sequence the following new heading: erans Affairs, S. 1822, a proposed bill to it to say now that the quantum of radi- authorize the provision of medical care Potassium ation to which people were routinely ‘‘9902.28.11 hexafluorozirconate to veterans who were treated with na- exposed as a consequence of naso- (CAS No. 16923– sopharyngeal radium irradiation. The 95–8) (provided for pharyngeal radium irradiation far ex- in subheading Acting Secretary of Veterans Affairs ceeded levels that would be judged ac- 2826.90.00) and submitted this proposed legislation to ceptable today. Our colleague from hexafluorozirconium the President of the Senate by letter acid (CAS No. Connecticut, Senator LIEBERMAN, stat- 12021–95–3) (pro- dated August 11, 1997. ed it well when he commented in Au- vided for in sub- Mr. President, it is my usual prac- heading 2811.19.60) Free No No On or be- gust 1994, at a hearing of the Environ- change change fore 12/ tice, as Chairman of the Committee on ment and Public Works Subcommittee 31/ Veterans Affairs, to introduce Admin- 2001’’. on Clean Air and Nuclear Radiation: ‘‘. istration-requested legislation that is . . the best evidence of the danger of (b) EFFECTIVE DATE.—The amendment referred to the Committee without made by subsection (a) shall apply with re- this radium treatment is the fact that commenting on the substance of the in- spect to goods entered, or withdrawn from no doctor in his right mind would warehouse for consumption, on or after the troduced bills, without committing think of performing such a procedure date that is 15 days after the date of enact- myself to either support or oppose the today.’’ ment of this Act. legislation in question, and without VA has proposed that veterans who seeking co-sponsors. In this case, I received such treatment in the past be S. 1820 have departed from my usual practice deemed eligible for treatment of can- Be it enacted by the Senate and House of Rep- due to the unusual nature of this legis- cers and other diseases and disorders resentatives of the United States of America in lation, which is long overdue. I am that might be associated with this Congress assembled, pleased that Senator JAY ROCKE- well-intentioned, but seemingly mis- SECTION 1. TEMPORARY SUSPENSION OF DUTY FELLER, the Ranking Minority Member ON 4-HEXYLRESORCINOL. guided, exposure to radiation. This leg- of the Committee on Veterans Affairs, (a) IN GENERAL.—Subchapter II of chapter islation, if enacted, would authorize 99 of the Harmonized Tariff Schedule of the has joined me as a cosponsor. A medical treatment known as naso- VA to treat such veterans on the same United States is amended by inserting in nu- priority basis as it treats veterans who merical sequence the following new heading: pharyngeal radium irradiation —the inserting of a radium-tipped metal rod may have been exposed to ionizing ra- diation during weapons testing or dur- 4-Hexylresorcinol Free No No On or be- through the nose—began in 1924 at the ‘‘9902.29.07 (CAS No. 136–77–6) change change fore 12/ Johns Hopkins University as a means ing the occupation of Japan following (provided for in sub- 31/ World War II. It would also authorize heading 2907.29.90) 2001’’. to treat middle ear obstructions and VA to examine any veteran who was (b) EFFECTIVE DATE.—The amendment deafness. It was also commonly used to treat children with chronic ear infec- subjected to nasopharyngeal irradia- made by subsection (a) shall apply with re- tion and include any findings in the spect to goods entered, or withdrawn from tions. Even until the mid 1960’s, medi- warehouse for consumption, on or after the cal textbooks recommended this treat- VA’s radiation registry. date that is 15 days after the date of enact- ment to shrink adenoid tissue in chil- As Chairman of the Veteran’s Affairs ment of this Act. dren. It is estimated that from 500,000 Committee, I urge my colleagues in the to 2 million persons may have received Senate to join me in supporting this legislation. S2432 CONGRESSIONAL RECORD — SENATE March 23, 1998

Mr. President, I ask unanimous con- brain received 24 rem, five times the colleagues, including Senators SPECTER sent that the text of the bill be printed accepted limit of exposure. Studies and ROCKEFELLER, the Chairman and in the RECORD. that have analyzed the health effects of Ranking Member of the Veterans Af- There being no objection, the bill was external irradiation of the head and fairs Committee, and the Chairman of ordered to be printed in the RECORD, as neck conclude that there is an in- the Armed Services Committee, Sen- follows: creased risk of tumors of the brain, and ator THURMOND, as an original cospon- S. 1822 of the thyroid, salivary, and parathy- sor of this legislation which would au- Be it enacted by the Senate and House of Rep- roid glands. One study done on individ- thorize access to priority medical care resentatives of the United States of America in uals who had received nasopharyngeal for veterans treated with nasopharyn- Congress assembled, That except as otherwise radium treatments concluded there geal radium irradiation. Enactment of expressly provided, whenever in this Act an was an increased risk of developing this legislation would be a major step amendment is expressed in terms of an head and neck tumors associated with forward for our veterans who received amendment to a section or other provision, the childhood treatments. this treatment for inner-air problems the reference shall be considered to be made Unfortunately, the health effects of to a section or other provision of title 38, between l940 and l960. I applaud the United States Code. the treatments that were given to our Clinton Administration for submitting SEC. 2. (a) The Secretary may examine, and veterans is unknown. Careful scientific this legislation. include in the Department’s Ionizing Radi- studies cannot be done because the Mr. President, nasal radium irradia- ation Registry Program, any veteran who re- records documenting the treatments tion was the largest scale radiation ex- ceived nasopharyngeal radium irradiation are incomplete or nonexistent. How- periment in the United States and the treatments while serving in the active mili- ever, when such high levels of exposure consequences of exposing so many peo- tary, naval, or air service. are sustained, we must be concerned ple to ionizing radiation has not been (b) Section 1710 is amended— (1) in subsection (a)(2)(F), by inserting ‘‘or about long-term health effects, and adequately addressed. It was used to al- who received nasopharyngeal radium irradia- thus, we have a responsibility to en- leviate pressure changes associated tion treatments,’’ after ‘‘environmental haz- sure access to health care by these vet- with submarine and flying duties for ard,’’; and erans. Simply put, it is the right thing our soldiers and to treat children with (2) in subsection (e)(1)(B) by inserting ‘‘, or to do. inner ear problems. We have a moral a veteran who received nasopharyngeal ra- This legislation is a step in the right obligation to do everything we can to dium irradiation treatments while serving in direction in helping these individuals. help these veterans and civilians. This the active military, naval, or air service,’’ As Ranking Minority Member of the legislation is especially important to after ‘‘radiation-exposed veteran’’. Senate Committee on Veterans’ Af- me because veterans who received this Mr. ROCKEFELLER. Mr. President, I fairs, I am well acquainted with the treatment included Navy submariners am pleased to cosponsor legislation difficulties experienced by veterans trained in Connecticut. I’ve been work- that will authorize provision of care to who were exposed to radiation during ing for the last four years to get simi- veterans treated with nasopharyngeal service to their country and later lar legislation enacted. radium irradiation. This bill, requested sought help from the VA. The willing- Under this bill, veterans who re- by the Department of Veterans Affairs, ness of the VA to include this group of ceived nasopharyngeal radium treat- will provide priority health care to a veterans is clearly demonstrated by ments will receive the same status as group of veterans that have so far been the fact that VA initiated this legisla- other atomic veterans who served in excluded from access to VA services. I tion, and that is good. the occupational forces in Nagasaki urge all of my colleagues to support In summary, this legislation grants and Hiroshima or were present at the this bill. veterans who received nasopharyngeal test sites in Nevada and the Pacific. Let me take you back over 40 years, radium treatments the same status as What this means is that these veterans to the 1940’s and 50’s, when thousands other atomic veterans who served in will be able to enroll in the ionizing ra- of military personnel (primarily Navy the occupational forces in Nagasaki diation registry which entitles them to submariners and Army Air Corps pi- and Hiroshima, or who were present at a full and complete physical examina- lots) received nasopharyngeal radium the atmospheric test sites in Nevada tion. They will also gain access to med- treatments to treat and prevent inner and the Pacific. These veterans will ical care to treat cancerous conditions ear problems that developed due to the now be able to enroll in the ionizing ra- detected during this examination that inadequate pressurization of their re- diation registry, which entitles them are associated with exposure to ioniz- spective vessels. These treatments to a full and complete physical exam- ing radiation. were considered the standard in the ination. They will also gain access to Studies that have analyzed the medical community at the time for medical care, to treat cancerous condi- health effects of external irradiation of children with severe middle ear ob- tions detected during this examination the head and neck indicate that there structions and infections, often with that are associated with exposure to is an increased risk of tumours of the accompanying deafness. To adapt the ionizing radiation. brain and of the thyroid, salivary and treatments to healthy adults, the Navy It is especially important to provide parathyroid glands. and Army conducted experiments on physical examinations and health care Mr. President, I’ve been working on small groups of submariners and pilots. to these veterans because documenta- many aspects of this problem for a Subsequently, between 8,000 and 12,000 tion of the nasopharyngeal radium number of years. I’ve been very con- servicemen were irradiated for mili- treatments was poorly done, if it was cerned about notifying veterans who tary purposes. The treatments were done at all. Thus, the relevant clinical received this treatment so that they halted in the early 1960’s as a result of information is not in their civilian or are aware of the concerns about the two developments: pressurized planes military medical records to alert a long term effects of such treatment and submarines became available (thus physician to potential problems. The and can take appropriate actions. Last obviating the need for the treatments), appalling lack of documentation has September, the Veterans Administra- and the clinical dangers associated proved to be a constant problem in on- tion agreed to provide such notifica- with radiation were becoming appar- going efforts to grant benefits to atom- tion where they had the information ent. ic veterans of all types, and continues available. The Veterans Administra- Looking back, we now know just how to plague us in this effort as well. tion is also considering performing a dangerous these treatments can be. We will continue to study the plight health surveillance involving about 400 The Centers for Disease Control and of all atomic veterans, but this legisla- veterans whose names were discovered Prevention estimate that tissues at the tion offers eligible health care to a in a logbook in April l996 at the Sub- exact site of radium placement were group of atomic veterans that have up marine School Museum in Connecticut. exposed to 2000 rem of radiation. That to now been closed out of the VA. It is This would also be a significant step is 400 times greater than the maximum reasonable, compassionate, and long forward. ‘‘safe’’ level of radiation exposure es- overdue. I also remain very concerned about tablished by the Atomic Energy Com- Mr. LIEBERMAN. Mr. President, I our civilians who have been exposed to mission many years ago. Parts of the am very pleased today to join with my this treatment. The Center for Disease March 23, 1998 CONGRESSIONAL RECORD — SENATE S2433

Control and Prevention estimates that (Mrs. MURRAY), the Senator from INOUYE) was added as a cosponsor of S. between 500,000 and two million civil- Maine (Ms. COLLINS), the Senator from 1789, a bill to amend title XVIII of the ians received this treatment between Maine (Ms. SNOWE), and the Senator Social Security Act and the Employee 1945 and l960. I was very pleased that from Colorado (Mr. ALLARD) were Retirement Income Security Act of CDC hosted a video conference on the added as cosponsors of S. 1252, a bill to 1974 to improve access to health insur- treatment at Yale in September l995 amend the Internal Revenue Code of ance and medicare benefits for individ- and has published notices in medical 1986 to increase the amount of low-in- uals ages 55 to 65 to be fully funded bulletins about the treatment, includ- come housing credits which may be al- through premiums and anti-fraud pro- ing fact sheets for the general public. located in each State, and to index vision, and for other purposes. My number one priority on the civil- such amount for inflation. SENATE CONCURRENT RESOLUTION 65 ian side now is attempting to ensure S. 1259 At the request of Ms. SNOWE, the that civilians who received the treat- At the request of Ms. SNOWE, the name of the Senator from Delaware ment are notified. I have written to names of the Senator from Virginia (Mr. ROTH) was added as a cosponsor of Secretary Shalala asking her to under- (Mr. ROBB), the Senator from Min- Senate Concurrent Resolution 65, a take a feasibility study about provid- nesota (Mr. WELLSTONE), and the Sen- concurrent resolution calling for a ing notice. People need to know that ator from Illinois (Ms. MOSELEY- United States effort to end restriction they had this treatment so that they BRAUN) were added as cosponsors of S. on the freedoms and human rights of can determine appropriate next steps, 1259, a bill to authorize appropriations the enclaved people in the occupied and our government should do every- for fiscal years 1998 and 1999 for the area of Cyprus. United States Coast Guard, and for thing possible to ensure that notice is SENATE CONCURRENT RESOLUTION 73 other purposes. provided. At the request of Mr. GRASSLEY, the Mr. President, many challenges re- S. 1482 name of the Senator from Florida (Mr. At the request of Mr. COATS, the main as the government seeks to fulfill MACK) was added as a cosponsor of Sen- its moral obligation to our veterans. name of the Senator from Missouri ate Concurrent Resolution 73, a concur- But enactment of this legislation (Mr. BOND) was added as a cosponsor of rent resolution expressing the sense of S. 1482, a bill to amend section 223 of would be an extremely important step Congress that the European Union is the Communications Act of 1934 to es- forward. unfairly restricting the importation of tablish a prohibition on commercial f United States agriculture products and distribution on the World Wide Web of the elimination of such restrictions ADDITIONAL COSPONSORS material that is harmful to minors, should be a top priority in trade nego- and for other purposes. S. 230 tiations with the European Union. At the request of Mr. THURMOND, the S. 1610 SENATE CONCURRENT RESOLUTION 75 name of the Senator from Kansas (Mr. At the request of Mr. DODD, the name At the request of Mr. FEINGOLD, the ROBERTS) was added as a cosponsor of of the Senator from Connecticut (Mr. names of the Senator from Virginia S. 230, a bill to amend section 1951 of LIEBERMAN) was added as a cosponsor (Mr. WARNER), the Senator from Vir- title 18, United States Code (commonly of S. 1610, a bill to increase the avail- ginia (Mr. ROBB), the Senator from Illi- known as the Hobbs Act), and for other ability, affordability, and quality of nois (Mr. DURBIN), the Senator from purposes. child care. New Mexico (Mr. BINGAMAN), the Sen- S. 531 S. 1677 ator from West Virginia (Mr. ROCKE- At the request of Mr. ROTH, the name At the request of Mr. CHAFEE, the name of the Senator from Arkansas FELLER), the Senator from California of the Senator from Massachusetts (Mrs. FEINSTEIN), the Senator from (Mr. BUMPERS) was added as a cospon- (Mr. KENNEDY) was added as a cospon- Mississippi (Mr. LOTT), and the Senator sor of S. 531, A bill to designate a por- sor of S. 1677, a bill to reauthorize the North American Wetlands Conserva- from Nevada (Mr. BRYAN) were added tion of the Arctic National Wildlife as cosponsors of Senate Concurrent Refuge as wilderness. tion Act and the Partnerships for Wild- life Act. Resolution 75, a concurrent resolution S. 1069 honoring the sesquicentennial of Wis- S. 1682 At the request of Mr. MURKOWSKI, the consin statehood. name of the Senator from Iowa (Mr. At the request of Mr. D’AMATO, the name of the Senator from Nebraska SENATE CONCURRENT RESOLUTION 77 HARKIN) was added as a cosponsor of S. (Mr. HAGEL) was added as a cosponsor At the request of Mr. SESSIONS, the 1069, a bill entitled the ‘‘National Dis- name of the Senator from Connecticut covery Trails Act of 1997.’’ of S. 1682, a bill to amend the Internal Revenue Code of 1986 to repeal joint (Mr. LIEBERMAN) was added as a co- S. 1220 and several liability of spouses on joint sponsor of Senate Concurrent Resolu- At the request of Mr. DODD, the returns of Federal income tax, and for tion 77, a concurrent resolution ex- names of the Senator from Massachu- other purposes. pressing the sense of the Congress that setts (Mr. KERRY) and the Senator from S. 1724 the Federal government should ac- Wisconsin (Mr. FEINGOLD) were added At the request of Ms. COLLINS, the knowledge the importance of at-home as cosponsors of S. 1220, a bill to pro- name of the Senator from Kentucky parents and should not discriminate vide a process for declassifying on an (Mr. FORD) was added as a cosponsor of against families who forego a second expedited basis certain documents re- S. 1724, a bill to amend the Internal income in order for a mother or father lating to human rights abuses in Gua- Revenue Code of 1986 to repeal the in- to be at home with their children. temala and Honduras. formation reporting requirement relat- SENATE RESOLUTION 194 S. 1251 ing to the Hope Scholarship and Life- At the request of Mrs. HUTCHISON, the At the request of Mr. D’AMATO, the time Learning Credits imposed on edu- names of the Senator from Iowa (Mr. names of the Senator from Washington cational institutions and certain other GRASSLEY) and the Senator from Mis- (Mrs. MURRAY), the Senator from Ver- trades and businesses. sissippi (Mr. COCHRAN) were added as mont (Mr. JEFFORDS), the Senator from S. 1737 cosponsors of Senate Resolution 194, a Illinois (Ms. MOSELEY-BRAUN), and the At the request of Mr. MACK, the name resolution designating the week of Senator from Maine (Ms. SNOWE) were of the Senator from Kansas (Mr. ROB- April 20 through April 26, 1998, as ‘‘Na- added as cosponsors of S. 1251, a bill to ERTS) was added as a cosponsor of S. tional Kick Drugs Out of America amend the Internal Revenue Code of 1737, a bill to amend the Internal Reve- Week.’’ 1986 to increase the amount of private nue Code of 1986 to provide a uniform SENATE RESOLUTION 195 activity bonds which may be issued in application of the confidentiality privi- At the request of Mrs. HUTCHISON, the each State, and to index such amount lege to taxpayer communications with names of the Senator from Michigan for inflation. federally authorized practitioners. (Mr. ABRAHAM) and the Senator from S. 1252 S. 1789 West Virginia (Mr. ROCKEFELLER) were At the request of Mr. D’AMATO, the At the request of Mr. MOYNIHAN, the added as cosponsors of Senate Resolu- names of the Senator from Washington name of the Senator from Hawaii (Mr. tion 195, a bill designating the week of S2434 CONGRESSIONAL RECORD — SENATE March 23, 1998 March 22 through March 28, 1998, as ness program to attract individuals to ca- Mr. DODD submitted an amendment ‘‘National Corrosion Prevention reers as elementary and secondary school intended to be proposed by him to the Week.’’ teachers. bill, H.R. 2646, supra; as follows: f SEC. 302. LOAN FORGIVENESS FOR TEACHERS. Strike section 101, and insert the follow- Part B of title IV of the Higher Education ing: AMENDMENTS SUBMITTED Act of 1965 (20 U.S.C. 1071 et seq.) is amended SEC. 101. FUNDING FOR PART B OF IDEA. by inserting after section 428J (20 U.S.C. 1078- Any amounts of revenue increases result- 10) the following: THE EDUCATION SAVINGS ACT ing from the enactment of title II shall be ‘‘SEC. 428K. LOAN FORGIVENESS FOR TEACHERS. used to carry out part B of the Individuals FOR PUBLIC AND PRIVATE ‘‘(a) PROGRAM AUTHORIZED.—The Secretary with Disabilities Education Act (20 U.S.C. SCHOOLS is authorized to carry out a program of as- 1411 et seq.). suming the obligation to repay a loan made, insured, or guaranteed under this title (ex- LEVIN AMENDMENTS NOS. 2056–2057 KENNEDY AMENDMENT NO. 2054 cluding loans made under section 428A for any new borrower after July 1, 1998, who is (Ordered to lie on the table.) (Ordered to lie on the table.) employed as a full-time elementary school or Mr. LEVIN submitted two amend- Mr. KENNEDY submitted an amend- secondary school teacher— ments intended to be proposed by him ment intended to be proposed by him ‘‘(1) in a school served by a local edu- to the bill, H.R. 2646, supra; as follows: to the bill (H.R. 2646) to amend the In- cational agency that is eligible for assist- ternal Revenue Code of 1986 to allow ance under part A of title I of the Elemen- AMENDMENT NO. 2056 tax-free expenditures from education tary and Secondary Education Act of 1965 (20 After title II add the following: individual retirement accounts for ele- U.S.C. 6301 et seq.); or TITLE ll—MISCELLANEOUS mentary and secondary school ex- ‘‘(2) who teaches mathematics, science, SEC. ll. EXTENSION OF PERIOD OF TIME FOR foreign language, bilingual education, or any penses, to increase the maximum an- COUNTING VOCATIONAL EDU- other area that the State educational agency CATIONAL TRAINING AS A WORK AC- nual amount of contributions to such determines to be an area for which there is TIVITY UNDER THE TANF PROGRAM. accounts, and for other purposes; as a shortage of qualified elementary school or Section 407(d)(8) of the Social Security Act follows: secondary school teachers. (42 U.S.C. 607(d)(8)) is amended by striking Strike sections 101 and 106, and insert at ‘‘(b) LOAN REPAYMENT.— ‘‘12’’ and inserting ‘‘24’’. the end the following: ‘‘(1) IN GENERAL.—The Secretary shall as- sume the obligation to repay— AMENDMENT NO. 2057 TITLE III—LOAN FORGIVENESS FOR ‘‘(A) 15 percent of the total amount of TEACHERS At the end of title I, insert: loans incurred by the borrower under this SEC. ll. INCREASED LIFETIME LEARNING SEC. 301. FINDINGS AND PURPOSE. title, not to exceed $1,200 per year, for each CREDIT FOR TECHNOLOGY TRAIN- (a) FINDINGS.—Congress makes the follow- of the first two years the borrower meets the ING OF ELEMENTARY AND SECOND- ing findings: employment requirement described in sub- ARY TEACHERS. (1) Our Nation is witnessing a 10-year rise section (a); (a) IN GENERAL.—Section 25A(c) (relating in the elementary and secondary school age ‘‘(B) 20 percent of such total amount, not to lifetime learning credit) is amended by population. Between the fall of 1996 and the to exceed $1,600 per year, for each of the adding at the end the following new para- fall of 2006, total elementary and secondary third and fourth years the borrower meets graph: school enrollment will rise from a record such requirement; and ‘‘(3) SPECIAL RULE FOR TECHNOLOGY TRAIN- 51,700,000 to 54,600,000, a rise of approxi- ‘‘(C) 30 percent of such total amount, not ING OF CERTAIN TEACHERS.—If any portion of mately 3,000,000 children. Elementary school to exceed $2,400, for the fifth year the bor- the qualified tuition and related expenses to enrollment is projected to grow by 2 percent, rower meets such requirement. which this subsection applies— from 37,300,000 to 38,100,000, while secondary ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(A) are paid or incurred by an individual school enrollment is expected to rise by 15 section shall be construed to authorize the who is a kindergarten through grade 12 percent, from 14,400,000 to 16,500,000. refunding of any repayment of a loan under teacher in an elementary or secondary (2) In addition to the enrollment increases, this title. school, and many of the 2,600,000 elementary and second- ‘‘(3) INTEREST.—If a portion of a loan is re- ‘‘(B) are incurred as part of a program ary school teachers working in 1998 will paid by the Secretary under this section for which is approved and certified by the appro- begin to reach retirement age. According to any year, the proportionate amount of inter- priate local educational agency as directly the National Center for Education Statistics est on such loan which accrues for such year related to improvement of the individual’s data, between one-third and one-half of all shall be repaid by the Secretary. capacity to use technology in teaching, elementary and secondary school teachers ‘‘(c) REPAYMENT TO ELIGIBLE LENDERS.— paragraph (1) shall be applied with respect to are 45 years old or older. Qualified, experi- The Secretary shall pay to each eligible such portion by substituting ‘50 percent’ for enced elementary and secondary school lender or holder for each fiscal year an ‘20 percent’.’’ teachers will be leaving the profession at a amount equal to the aggregate amount of (b) EFFECTIVE DATE.—The amendment time when the demand for the teachers is at loans which are subject to repayment pursu- made by this section shall apply to expenses the highest level in our Nation’s history. ant to this section for such year. paid after December 31, 1997, for education (3) There is a lack of qualified elementary ‘‘(d) APPLICATION FOR REPAYMENT.— furnished in academic periods beginning and secondary school teachers in specific ge- ‘‘(1) IN GENERAL.—Each eligible individual after such date. ographic and content areas. More than one- desiring loan repayment under this section half, 56 percent, of secondary school students shall submit a complete and accurate appli- WELLSTONE AMENDMENT NO. 2058 taking physical science courses are taught cation to the Secretary at such time, in such by teachers who have no background in manner, and containing such information as (Ordered to lie on the table.) physical science. Twenty-seven percent of the Secretary may reasonably require. Loan Mr. WELLSTONE submitted an secondary school students taking any level repayment under this section shall be on a amendment intended to be proposed by mathematics course are taught by teachers first-come, first-served basis and subject to with no mathematics background. Students him to the bill, H.R. 2646, supra; as fol- the availability of appropriations. lows: in inner-city schools have only a 50 percent ‘‘(2) CONDITIONS.—An eligible individual chance of being taught by a qualified mathe- may apply for repayment after completing At the appropriate place, insert the follow- matics or science teacher. States that have each year of qualifying employment. The ing: large percentages of classes taught by teach- borrower shall receive forbearance while en- SEC. ll. REPORT ON THE STATUS OF FORMER ers without a background in a particular gaged in qualifying employment unless the TANF RECIPIENTS. subject area, such as Tennessee (26.5 per- borrower is in deferment while so engaged. Section 413 of the Social Security Act (42 cent), Florida (26.4 percent), Louisiana (26.2 ‘‘(e) DEFINITIONS.—For the purpose of this U.S.C. 613) is amended by adding at the end percent), and Maryland (25.6 percent), dem- section the term ‘‘eligible lender’’ has the the following: onstrate the need for increased numbers of meaning given the term in section 435(d). ‘‘(k) REPORT ON THE STATUS OF FORMER elementary and secondary school teachers ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— TANF RECIPIENTS.— with the necessary qualifications. There are authorized to be appropriated to ‘‘(1) DEVELOPMENT OF PLAN.—The Secretary (4) Our Nation must address the need de- carry out this section $3,600,000 for each of shall develop a plan to assess, to the extent scribed in paragraph (3) to ensure a qualified the fiscal years 1999 and 2000.’’. possible based on all available information, elementary and secondary school teacher for the number and percentage of former recipi- every child in every elementary and second- ents of assistance under the State programs ary school course. DODD AMENDMENT NO. 2055 funded under this part that are, as of the (b) PURPOSE.—The purpose of this section date that the assessment is performed, eco- is to create a Federal student loan forgive- (Ordered to lie on the table.) nomically self-sufficient. In determining March 23, 1998 CONGRESSIONAL RECORD — SENATE S2435 economic self-sufficiency, the Secretary can result from a teacher’s lack of oppor- that are eligible to receive such an award for shall consider— tunity to acquire the knowledge and skill the fiscal year bears to the total number of ‘‘(A) the number and percentage of such re- needed to help students master the curricu- all States so eligible for the fiscal year. cipients that are, as of the date of the assess- lum. ‘‘(d) USE OF FUNDS.—Funds provided under ment, employed; (4) The Federal Government established this section may be used by States to carry ‘‘(B) the number and percentage of such re- the Dwight D. Eisenhower Professional De- out the activities described in section 2207. cipients earning incomes at or above 150 per- velopment Program in 1985 to ensure that ‘‘(e) DEFINITION OF STATE.—For the purpose cent of the poverty line (as defined in section teachers and other educational staff have ac- of this section, the term ‘State’ means each 673(2) of the Community Services Block cess to sustained and high-quality profes- of the 50 States and the District of Colum- Grant Act (42 U.S.C. 9902(2)), including any sional development. This ongoing develop- bia.’’. revision required by such section for a fam- ment must include the ability to dem- (b) EFFECTIVE DATE.—The amendments ily of the size involved); and onstrate and judge the performance of teach- made by subsection (a) shall take effect on ‘‘(C) the number and percentage of such re- ers and other instructional staff. October 1, 1999. cipients that have access to housing, trans- (5) States should evaluate their teachers SEC. ll03. TEACHER TESTING AND MERIT PAY. portation, and child care. on the basis of demonstrated ability, includ- (a) IN GENERAL.—Notwithstanding any ‘‘(2) REPORTS TO CONGRESS.—Beginning 4 ing tests of subject matter knowledge, teach- other provision of law, a State may use Fed- months after the date of enactment of this ing knowledge, and teaching skill. States eral education funds— subsection, the Secretary shall submit bian- should develop a test for their teachers and (1) to carry out a test of each elementary nual reports to the appropriate committees other instructional staff with respect to the school or secondary school teacher in the of Congress on the assessment conducted subjects taught by the teachers and staff, State with respect to the subjects taught by under this subsection. The reports shall ana- and should administer the test every 3 to 5 the teacher; or lyze the ability of former recipients of as- years. (2) to establish a merit pay program for the sistance under the State programs funded (6) Evaluating and rewarding teachers with teachers. under this part to achieve economic self-suf- a compensation system that supports teach- (b) DEFINITIONS.—In this section, the terms ficiency. The Secretary shall include in the ers who become increasingly expert in a sub- ‘‘elementary school’’ and ‘‘secondary school’’ reports all available information about the ject area, are proficient in meeting the needs have the meanings given the terms in sec- economic self-sufficiency of such recipients, of students and schools, and demonstrate tion 14101 of the Elementary and Secondary including data from quarterly State reports high levels of performance measured against Education Act of 1965 (20 U.S.C. 8801). submitted to the Department of Health and professional teaching standards, will encour- Human Services (in this paragraph referred age teachers to continue to learn needed to as the ‘Department’), data from State ap- skills and broaden teachers’ expertise, there- WELLSTONE AMENDMENT NO. 2060 plications submitted to the Department for by enhancing education for all students. (Ordered to lie on the table.) bonuses, and to the extent the Secretary de- (c) PURPOSES.—The purposes of this title Mr. WELLSTONE submitted an are as follows: termines they are relevant to the assess- amendment intended to be proposed by ment— (1) To provide incentives for States to es- ‘‘(A) reports prepared by the Comptroller tablish and administer periodic teacher test- him to the bill, H.R. 2646, supra; as fol- General of the United States; ing and merit pay programs for elementary lows: ‘‘(B) samples prepared by the Bureau of the school and secondary school teachers. At the appropriate place, insert the follow- Census; (2) To encourage States to establish merit ing: ‘‘(C) surveys funded by the Department; pay programs that have a significant impact SEC. ll. REPEAL OF FOOD STAMP BENEFIT RE- ‘‘(D) studies conducted by the Department; on teacher salary scales. DUCTIONS. ‘‘(E) studies conducted by States; (3) To encourage programs that recognize (a) THRIFTY FOOD PLAN.—Section 3(o)(4) of ‘‘(F) surveys conducted by non-govern- and reward the best teachers, and encourage the Food Stamp Act of 1977 (7 U.S.C. mental entities; those teachers that need to do better. 2011(o)(4)) is amended by inserting ‘‘103 per- ‘‘(G) administrative data from other Fed- SEC. ll02. STATE INCENTIVES FOR TEACHER cent of’’ after ‘‘reflect’’. eral agencies; and TESTING AND MERIT PAY. (b) INCOME EARNED BY HIGH SCHOOL STU- ‘‘(H) information and materials available (a) AMENDMENTS.—Title II of the Elemen- DENTS.—Section 5(d)(7) of the Food Stamp from any other appropriate source.’’. tary and Secondary Education Act of 1965 (20 Act of 1977 (7 U.S.C. 2014(d)(7)) is amended by U.S.C. 6601 et seq.) is amended— striking ‘‘17’’ and inserting ‘‘21’’. MACK (AND D’AMATO) (1) by redesignating part D as part E; (c) INDEXING OF STANDARD DEDUCTION.— AMENDMENT NO. 2059 (2) by redesignating sections 2401 and 2402 Section 5(e)(1) of the Food Stamp Act of 1977 as sections 2501 and 2502, respectively; and (7 U.S.C. 2014(e)(1)) is amended by inserting (Ordered to lie on the table.) (3) by inserting after part C the following: before the period at the end the following: ‘‘, Mr. MACK (for himself and Mr. ‘‘PART D—STATE INCENTIVES FOR adjusted on October 1, 1998, and each October D’AMATO) submitted an amendment in- TEACHER TESTING AND MERIT PAY 1 thereafter, to the nearest lower dollar in- tended to be proposed by them to the ‘‘SEC. 2401. STATE INCENTIVES FOR TEACHER crement to reflect changes in the Consumer bill, H.R. 2646, supra; as follows: TESTING AND MERIT PAY. Price Index for all urban consumers pub- lished by the Bureau of Labor Statistics, for At the end, add the following: ‘‘(a) STATE AWARDS.—Notwithstanding any other provision of this title, from funds de- items other than food, for the 12 months end- ll TITLE —MEASURES TO ENCOURAGE scribed in subsection (b) that are made avail- ing the preceding June 30’’. RESULTS IN TEACHING able for a fiscal year, the Secretary shall (d) FAMILIES WITH HIGH SHELTER COSTS.— SEC. ll01. SHORT TITLE; FINDINGS; AND PUR- make an award to each State that— Section 5(e)(7) of the Food Stamp Act of 1977 POSES. ‘‘(1) administers a test to each elementary (7 U.S.C. 2014(e)(7)) is amended— (a) SHORT TITLE.—This title may be cited school and secondary school teacher in the (1) by striking ‘‘EXPENSE DEDUCTION.—’’ and as the ‘‘Measures to Encourage Results in State, with respect to the subjects taught by all that follows through ‘‘A household’’ and Teaching Act of 1998’’. the teacher, every 3 to 5 years; and inserting ‘‘EXPENSE DEDUCTION.—A house- (b) FINDINGS.—Congress makes the follow- ‘‘(2) has an elementary school and second- hold’’; and ing findings: ary school teacher compensation system (2) by striking subparagraph (B). (1) All students deserve to be taught by that is based on merit. (e) EFFECTIVE DATE.—The amendments well-educated, competent, and qualified ‘‘(b) AVAILABLE FUNDING.—The amount of made by this section take effect on October teachers. funds referred to in subsection (a) that are 1, 1998. (2) More than ever before, education has available to carry out this section for a fis- and will continue to become the ticket not cal year is 50 percent of the amount of funds GORTON (AND FAIRCLOTH) only to economic success but to basic sur- appropriated to carry out this title that are AMENDMENT NO. 2061 vival. Students will not succeed in meeting in excess of the amount so appropriated for the demands of a knowledge-based, 21st cen- fiscal year 1999, except that no funds shall be (Ordered to lie on the table.) tury society and economy if the students do available to carry out this section for any Mr. GORTON (for himself and Mr. not encounter more challenging work in fiscal year for which— FAIRCLOTH) submitted an amendment school. For future generations to have the ‘‘(1) the amount appropriated to carry out intended to be proposed by them to the opportunities to achieve success the future this title exceeds $600,000,000; or bill, H.R. 2646, supra; as follows: generations will need to have an education ‘‘(2) each of the several States is eligible to and a teacher workforce second to none. receive an award under this section. At the appropriate place, add the follow- (3) No other intervention can make the dif- ‘‘(c) AWARD AMOUNT.—A State shall receive ing: ference that a knowledgeable, skillful teach- an award under this section in an amount SECTION 1. UNIFORM DISCIPLINARY POLICIES. er can make in the learning process. At the that bears the same relation to the total Section 615(k) of the Individuals with Dis- same time, nothing can fully compensate for amount available for awards under this sec- abilities Education Act (20 U.S.C. 1415(k)) is weak teaching that, despite good intentions, tion for a fiscal year as the number of States amended— S2436 CONGRESSIONAL RECORD — SENATE March 23, 1998

(1) by redesignating paragraph (10) as para- Trade Deficit Review Commission (hereafter (b) RECOMMENDATIONS.—The Commission graph (11); and in this title referred to as the ‘‘Commis- shall examine and make recommendations to (2) by inserting after paragraph (9) the fol- sion’’). Congress and the President on the following: lowing: (b) PURPOSE.—The purpose of the Commis- (1) The manner in which the Government ‘‘(10) UNIFORM DISCIPLINARY POLICIES.—Not- sion is to study the causes and consequences of the United States establishes and admin- withstanding any other provision of this Act, of the United States merchandise trade and isters the Nation’s fundamental trade poli- each State educational agency or local edu- current account deficits and to develop trade cies and objectives, including— cational agency may establish and imple- policy recommendations for the 21st century. (A) the relationship of the merchandise ment uniform policies with respect to dis- The recommendations shall include strate- trade and current account balances to the cipline and order applicable to all children gies necessary to achieve United States mar- overall well-being of the United States econ- within its jurisdiction to ensure safety and ket access to foreign markets that fully re- omy and any impact the trade balance may an appropriate educational atmosphere in its flects the competitiveness and productivity have on wages and employment in various schools.’’. of the United States and also improves the sectors of the United States economy; f standard of living of United States citizens. (B) any effects the merchandise trade and (c) MEMBERSHIP OF COMMISSION.— current account deficits may have on the 1998 EMERGENCY SUPPLEMENTAL (1) COMPOSITION.—The Commission shall be areas of manufacturing and technology and APPROPRIATIONS ACT FOR RE- composed of 12 members of whom— on defense production and innovation capa- (A) 1 Senator and 2 other persons shall be COVERY FROM NATURAL DISAS- bilities of the United States; appointed by the President pro tempore of TERS, AND FOR OVERSEAS (C) the impact that United States mone- the Senate upon the recommendation of the PEACEKEEPING EFFORTS tary and fiscal policies may have on United Majority Leader of the Senate; States merchandise trade and current ac- (B) 1 Senator and 2 other persons shall be count deficits; and appointed by the President pro tempore of BYRD (AND OTHERS) AMENDMENT (D) the coordination, allocation, and ac- the Senate upon the recommendation of the NO. 2062 countability of trade responsibilities among Minority Leader of the Senate; Federal agencies and the means for congres- Mr. BYRD (for himself, Mr. DORGAN, (C) 1 Member of the House of Representa- sional oversight of the trade policy process. TEVENS ARBANES tives and 2 other persons shall be appointed Mr. S , and Mr. S ) pro- (2) The causes and consequences of the by the Speaker of the House of Representa- posed an amendment to the bill (S. merchandise trade and current account defi- tives; and 1768) making emergency supplemental cits and specific bilateral trade deficits, in- (D) 1 Member of the House of Representa- appropriations for recovery from natu- cluding— tives and 2 other persons shall be appointed ral disasters, and for overseas peace- (A) identification and quantification of the by the Minority Leader of the House of Rep- macroeconomic factors and bilateral trade keeping efforts, for the fiscal year end- resentatives. barriers contributing to the United States ing September 30, 1998, and for other (2) QUALIFICATIONS OF MEMBERS.— merchandise trade and current account defi- purposes; as follows: (A) APPOINTMENTS.—Persons who are ap- cits; pointed under paragraph (1), shall be persons At the appropriate place, insert the follow- (B) identification and quantification of any who— ing new title: impact of the merchandise trade and current (i) have expertise in economics, inter- TITLE ll—EMERGENCY TRADE DEFICIT account deficits on the domestic economy, national trade, manufacturing, labor, envi- REVIEW COMMISSION industrial base, manufacturing capacity, ronment, business, or have other pertinent SEC. ll01. SHORT TITLE. number and quality of jobs, productivity, qualifications or experience; and This title may be cited as the ‘‘Emergency wages, and the United States standard of liv- (ii) are not officers or employees of the Trade Deficit Review Commission Act’’. ing; United States. SEC. ll02. FINDINGS. (C) identification and quantification of (B) OTHER CONSIDERATIONS.—In appointing Congress makes the following findings: trade deficits within individual industrial, Commission members, every effort shall be (1) The United States continues to run sub- manufacturing, and production sectors, and made to ensure that the members— stantial merchandise trade and current ac- any relationship to intraindustry and (i) are representative of a broad cross-sec- count deficits. intracompany transactions; tion of economic and trade perspectives (2) Economic forecasts anticipate contin- (D) a review of the adequacy of the current within the United States; and ued growth in such deficits in the next few collection and reporting of import and ex- (ii) provide fresh insights to analyzing the years. port data, and the identification and devel- causes and consequences of United States (3) The positive net international asset po- opment of additional data bases and eco- merchandise trade and current account defi- sition that the United States built up over nomic measurements that may be needed to cits. many years was eliminated in the 1980s. The properly quantify the factors described in (d) PERIOD OF APPOINTMENT; VACANCIES.— United States today has become the world’s subparagraphs (A), (B), and (C); (1) IN GENERAL.—Members shall be ap- largest debtor nation. (E) the relationship that tariff and non- pointed not later than 60 days after the date (4) The United States merchandise trade tariff barriers may have to the merchandise of enactment of this Act and the appoint- deficit is characterized by large bilateral trade and current account deficits and the ment shall be for the life of the Commission. trade imbalances with a handful of coun- extent to which such deficits have become (2) VACANCIES.—Any vacancy in the Com- tries. structural; mission shall not affect its powers, but shall (5) The United States has one of the most (F) the extent to which there is reciprocal be filled in the same manner as the original open borders and economies in the world. market access substantially equivalent to appointment. The United States faces significant tariff and (e) INITIAL MEETING.—Not later than 30 that afforded by the United States in each nontariff trade barriers with its trading days after the date on which all members of country with which the United States has a partners. Current overall trade balances do the Commission have been appointed, the persistent and substantial bilateral trade not reflect the actual competitiveness or Commission shall hold its first meeting. deficit; and productivity of the United States economy. (f) MEETINGS.—The Commission shall meet (G) the impact of transhipments on bilat- (6) Since the last comprehensive review of at the call of the Chairperson. eral trade. national trade and investment policies was (g) CHAIRPERSON AND VICE CHAIRPERSON.— (3) Any relationship of United States mer- conducted by a Presidential commission in The members of the Commission shall elect chandise trade and current account deficits 1970, there have been massive worldwide eco- a chairperson and vice chairperson from to both comparative and competitive trade nomic and political changes which have pro- among the members of the Commission. advantages within the global economy, in- foundly affected world trading relationships. (h) QUORUM.—A majority of the members cluding— Globalization, the increased mobility of cap- of the Commission shall constitute a quorum (A) a systematic analysis of the United ital and technology, the role of for the transaction of business. States trade patterns with different trading transnational corporations, and the (i) VOTING.—Each member of the Commis- partners, to what extent the trade patterns outsourcing of production across national sion shall be entitled to 1 vote, which shall are based on comparative and competitive boundaries, are reshaping both the compara- be equal to the vote of every other member trade advantages, and how the trade advan- tive and competitive trade advantages of the Commission. tages relate to the goods that are exported among nations. SEC. ll04. DUTIES OF THE COMMISSION. to and imported from various trading part- (7) The United States is once again at a (a) IN GENERAL.—The Commission shall be ners; critical juncture in trade policy develop- responsible for developing trade policy rec- (B) the extent to which the increased mo- ment. The nature of the United States trade ommendations, by examining the economic, bility of capital and technology has changed deficit and its causes and consequences must trade, tax, and investment policies and laws, both comparative and competitive trade ad- be analyzed and documented. and other incentives and restrictions that vantages; SEC. ll03. ESTABLISHMENT OF COMMISSION. are relevant to addressing the causes and (C) the extent to which differences in the (a) ESTABLISHMENT.—There is established a consequences of the United States merchan- growth rates of the United States and its commission to be known as the Emergency dise trade and current account deficits. trading partners may impact on United March 23, 1998 CONGRESSIONAL RECORD — SENATE S2437 States merchandise trade and current ac- SEC. ll07. COMMISSION PERSONNEL MATTERS. On page 35, strike beginning with line 10 count deficits; (a) COMPENSATION OF MEMBERS.—Each through page 38, line 18. (D) any impact that labor, environmental, member of the Commission who is not an of- On page 40, strike beginning with line 1 or health and safety standards may have on ficer or employee of the Federal Government through line 25. world trade; shall be compensated at a rate equal to the On page 43, strike beginning with line 8 (E) the impact that currency exchange rate daily equivalent of the annual rate of basic through line 13. fluctuations and any manipulation of ex- pay prescribed for level IV of the Executive On page 4, strike beginning with line 13 change rates may have on United States Schedule under section 5315 of title 5, United through 10 page 5, line 3. merchandise trade and current account defi- States Code, for each day (including travel cits; time) during which such member is engaged FRIST AMENDMENT NO. 2064 (F) the effect that offset and technology in the performance of the duties of the Com- (Ordered to lie on the table.) transfer agreements have on the long-term mission. All members of the Commission Mr. FRIST submitted an amendment competitiveness of the United States manu- who are officers or employees of the United intended to be proposed by him to the facturing sectors; and States shall serve without compensation in (G) any effect that international trade, addition to that received for their services as bill, S. 1768, supra; as follows: labor, environmental, or other agreements officers or employees of the United States. At the appropriate place, insert the follow- may have on United States competitiveness. (b) TRAVEL EXPENSES.—The members of ing: (4) The flow of investments both into and the Commission shall be allowed travel ex- SEC. . EXEMPTION AUTHORITY FOR AIR SERV- out of the United States, including— penses, including per diem in lieu of subsist- ICE TO SLOT-CONTROLLED AIR- (A) any consequences for the United States ence, at rates authorized for employees of PORTS. economy of the current status of the United agencies under subchapter I of chapter 57 of (a) IN GENERAL.—Section 41714(i) of title 49, States as a debtor nation; title 5, United States Code, while away from United States Code, is amended by— (B) any relationship between such invest- their homes or regular places of business in (1) striking ‘‘CERTAIN’’ in the caption; ments and the United States merchandise the performance of services for the Commis- (2) striking ‘‘120’’ and inserting ‘‘90’’; and trade and current account deficits and living sion. (3) striking ‘‘(a)(2) to improve air service standards of United States workers; (c) STAFF.— between a nonhub airport (as defined in sec- (C) any impact such investments may have (1) IN GENERAL.—The Chairperson of the tion 41731(a)(4)) and a high density airport on United States labor, community, environ- Commission may, without regard to the civil subject to the exemption authority under mental, and health and safety standards, and service laws and regulations, appoint and subsection (a),’’ and inserting ‘‘(a) or (c),’’. how such investment flows influence the lo- terminate an executive director and such (b) EFFECTIVE DATE.— cation of manufacturing facilities; and other additional personnel as may be nec- (1) IN GENERAL.—The amendments made by (D) the effect of barriers to United States essary to enable the Commission to perform subsection (a) apply to applications for slot foreign direct investment in developed and its duties. The employment of an executive exemptions pending at the Department of developing nations, particularly nations director shall be subject to confirmation by Transportation under section 41714 of title with which the United States has a merchan- the Commission. 49, United States Code, on the date of enact- dise trade and current account deficit. (2) COMPENSATION.—The Chairperson of the ment of this Act or filed thereafter. SEC. ll05. FINAL REPORT; CONGRESSIONAL Commission may fix the compensation of the (2) APPLICATION TO PENDING REQUESTS.—For HEARINGS. executive director and other personnel with- the purpose of applying the amendments (a) FINAL REPORT.— out regard to the provisions of chapter 51 and made by subsection (a) to applications pend- (1) IN GENERAL.—Not later than 18 months subchapter III of chapter 53 of title 5, United ing on the date of enactment of this Act, the after the date of enactment of this Act, the States Code, relating to classification of po- Secretary of Transportation shall take into Commission shall submit to the President sitions and General Schedule pay rates, ex- account the number of days the application and Congress a final report which contains— cept that the rate of pay for the executive di- was pending before the date of enactment of (A) the findings and conclusions of the rector and other personnel may not exceed this Act. If such an application was pending Commission described in section ll04; the rate payable for level V of the Executive for 80 or more days before the date of enact- (B) recommendations for addressing the Schedule under section 5316 of such title. ment of this Act, the Secretary shall grant problems identified as part of the Commis- (d) DETAIL OF GOVERNMENT EMPLOYEES.— or deny the exemption to which the applica- sion’s analysis; and Any Federal Government employee may be tion relates within 20 calendar days after (C) any proposals for administrative and detailed to the Commission without reim- that date. legislative actions necessary to implement bursement, and such detail shall be without f such recommendations. interruption or loss of civil service status or (2) SEPARATE VIEWS.—Any member of the privilege. PROTOCOLS TO THE NORTH AT- Commission may submit additional findings (e) PROCUREMENT OF TEMPORARY AND LANTIC TREATY OF 1949 ON AC- and recommendations as part of the final re- INTERMITTENT SERVICES.—The Chairperson of CESSION OF POLAND, HUNGARY, the Commission may procure temporary and port. AND CZECH REPUBLIC (b) CONGRESSIONAL HEARINGS.—Not later intermittent services under section 3109(b) of than 6 months after the final report de- title 5, United States Code, at rates for indi- scribed in subsection (a) is submitted, the viduals which do not exceed the daily equiva- Committee on Ways and Means of the House lent of the annual rate of basic pay pre- STEVENS (AND OTHERS) of Representatives and the Committee on Fi- scribed for level V of the Executive Schedule EXECUTIVE AMENDMENT NO. 2065 nance of the Senate shall hold hearings on under section 5316 of such title. (Ordered to lie on the table.) the report. Other committees of the House of ll SEC. 08. SUPPORT SERVICES. Mr. STEVENS (for himself, Mr. Representatives and Senate with relevant ju- The Comptroller General of the United risdiction may also hold hearings on the re- States shall provide to the Commission on a BYRD, Mr. CAMPBELL, Mr. THURMOND, port. reimbursable basis such administrative sup- Mr. WARNER, and Mr. ROBERTS) submit- SEC. ll06. POWERS OF COMMISSION. port services as the Commission may re- ted an executive amendment intended (a) HEARINGS.—The Commission may hold quest. to be proposed by them to the resolu- such hearings, sit and act at such times and SEC. ll09. APPROPRIATIONS. tion of ratification for the treaty places, take such testimony, and receive There are appropriated $20,000,000 to the (Treaty Doc. No. 105–36) protocols to such evidence as the Commission may find Commission to carry out the provisions of the North Atlantic Treaty of 1949 on advisable to fulfill the requirements of this this title. title. The Commission shall hold at least 1 or the accession of Poland, Hungary, and more hearings in Washington, D.C., and 4 in the Czech Republic. These protocols different regions of the United States. MCCAIN (AND OTHERS) were opened for signature at Brussels (b) INFORMATION FROM FEDERAL AGEN- AMENDMENT NO. 2063 on December 16, 1997, and signed on be- CIES.—The Commission may secure directly Mr. MCCAIN (for himself, Mr. FEIN- half of the United States of America from any Federal department or agency such GOLD, and Mr. GRAMS) proposed an and other parties to the North Atlantic information as the Commission considers necessary to carry out the provisions of this amendment to the bill, S. 1768, supra; Treaty; as follows: title. Upon request of the Chairperson of the as follows: At the end of section 3(2) of the resolution, Commission, the head of such department or On page 16, strike beginning with line 6 add the following: agency shall furnish such information to the through page 18, line 5. (C) REQUIREMENT OF PAYMENT OUT OF FUNDS Commission. On page 19, strike beginning with line 2 SPECIFICALLY AUTHORIZED.—No cost incurred (c) POSTAL SERVICES.—The Commission through line 12. by the North Atlantic Treaty Organization may use the United States mails in the same On page 19, strike beginning with line 24 (NATO) in connection with the admission to manner and under the same conditions as through page 20, line 2. membership, or participation, in NATO of other departments and agencies of the Fed- On page 26, strike beginning with line 7 any country that was not a member of NATO eral Government. through line 11. as of March 1, 1998, may be paid out of funds S2438 CONGRESSIONAL RECORD — SENATE March 23, 1998 available to any department, agency, or THE EDUCATION SAVINGS ACT ‘‘(2) TAXPAYER ENGAGED IN TRADE OR BUSI- other entity of the United States unless the FOR PUBLIC AND PRIVATE NESS.—In the case of a taxpayer engaged in a funds are specifically authorized by law for SCHOOLS trade or business in which both personal that purpose. services and capital are material income- producing factors, under regulations pre- STEVENS (AND OTHERS) EX- SPECTER AMENDMENT NO. 2068 scribed by the Secretary, a reasonable allow- ance as compensation for the personal serv- ECUTIVE AMENDMENT NO. (Ordered to lie on the table.) ices rendered by the taxpayer, not in excess 2006 Mr. SPECTER submitted amendment of 30 percent of the taxpayer’s share of the (Ordered to lie on the table.) intended to be proposed by him to the net profits of such trade or business, shall be bill, H.R. 2646, supra; as follows: considered as earned income. Mr. STEVENS (for himself, Mr. At the end of the matter proposed to be in- ‘‘SEC. 2. STANDARD DEDUCTION. BYRD, Mr. CAMPBELL, Mr. WARNER, and serted, insert: ‘‘(a) IN GENERAL.—For purposes of this sub- Mr. ROBERTS) submitted an executive title, the term ‘standard deduction’ means TITLE ll—FLAT TAX amendment intended to be proposed by the sum of— them to the resolution of ratification SEC. ll01. SHORT TITLE; TABLE OF CONTENTS; ‘‘(1) the basic standard deduction, plus AMENDMENT OF 1986 CODE. ‘‘(2) the additional standard deduction. for the treaty (Treaty Doc. No. 105–36) (a) SHORT TITLE.—This title may be cited protocols to the North Atlantic Treaty ‘‘(b) BASIC STANDARD DEDUCTION.—For pur- as the ‘‘Flat Tax Act of 1998’’. poses of subsection (a), the basic standard of 1949 on the accession of Poland, Hun- (b) TABLE OF CONTENTS.—The table of con- deduction is— gary, and the Czech Republic. These tents for this title is as follows: ‘‘(1) $17,500 in the case of— protocols were opened for signature at Sec. ll01. Short title; table of contents; ‘‘(A) a joint return, and Brussels on December 16, 1997, and amendment of 1986 Code. ‘‘(B) a surviving spouse (as defined in sec- signed on behalf of the United States of Sec. ll02. Flat tax on individual taxable tion 5(a)), America and other parties to the North earned income and business ‘‘(2) $15,000 in the case of a head of house- taxable income. Atlantic Treaty; as follows: hold (as defined in section 5(b)), and Sec. ll03. Repeal of estate and gift taxes. ‘‘(3) $10,000 in the case of an individual— At the end of section 3(2) of the resolution, Sec. ll04. Additional repeals. ‘‘(A) who is not married and who is not a ll add the following: Sec. 05. Effective dates. surviving spouse or head of household, or (c) AMENDMENT OF 1986 CODE.—Except as ‘‘(B) who is a married individual filing a (C) RESTRICTION ON USE OF APPROPRIATED otherwise expressly provided, whenever in separate return. FUNDS.—None of the funds appropriated by this title an amendment or repeal is ex- ‘‘(c) ADDITIONAL STANDARD DEDUCTION.— any provision of United States law may be pressed in terms of an amendment to, or re- For purposes of subsection (a), the additional obligated for the payment of costs incurred peal of, a section or other provision, the ref- standard deduction is $5,000 for each depend- in connection with NATO after September erence shall be considered to be made to a ent (as defined in section 5(d))— 30, 1998, unless the Secretary of Defense, section or other provision of the Internal ‘‘(1) whose earned income for the calendar with respect to any payment of costs under Revenue Code of 1986. year in which the taxable year of the tax- the Military Budget or the Security Invest- SEC. ll02. FLAT TAX ON INDIVIDUAL TAXABLE payer begins is less than the basic standard ment Program of NATO, and the Secretary EARNED INCOME AND BUSINESS deduction specified in subsection (b)(3), or of State, with respect to any payment of TAXABLE INCOME. ‘‘(2) who is a child of the taxpayer and costs under the Civil Budget of NATO, cer- (a) IN GENERAL.—Subchapter A of chapter 1 who— tify to Congress that such payment will not of subtitle A is amended to read as follows: ‘‘(A) has not attained the age of 19 at the cause the total payments of the United ‘‘Subchapter A—Determination of Tax close of the calendar year in which the tax- States to the common budgets, accounts, Liability able year of the taxpayer begins, or and activities of NATO during the NATO fis- ‘‘Part I. Tax on individuals. ‘‘(B) is a student who has not attained the cal year to exceed 20 percent of the total ‘‘Part II. Tax on business activities. age of 24 at the close of such calendar year. amount payable by NATO members to those ‘‘(d) INFLATION ADJUSTMENT.— ‘‘PART I—TAX ON INDIVIDUALS budgets, accounts, and activities during that ‘‘(1) IN GENERAL.—In the case of any tax- year. ‘‘Sec. 1. Tax imposed. able year beginning in a calendar year after ‘‘Sec. 2. Standard deduction. 1997, each dollar amount contained in sub- f ‘‘Sec. 3. Deduction for cash charitable con- sections (b) and (c) shall be increased by an tributions. amount equal to— ‘‘(A) such dollar amount, multiplied by ‘‘Sec. 4. Deduction for home acquisition in- 1998 EMERGENCY SUPPLEMENTAL ‘‘(B) the cost-of-living adjustment under debtedness. APPROPRIATIONS ACT FOR RE- section 1(f)(3) for the calendar year in which COVERY FROM NATURAL DISAS- ‘‘Sec. 5. Definitions and special rules. the taxable year begins, determined by sub- TERS, AND FOR OVERSEAS ‘‘SECTION 1. TAX IMPOSED. stituting ‘calendar year 1996’ for ‘calendar PEACEKEEPING EFFORTS ‘‘(a) IMPOSITION OF TAX.—There is hereby year 1992’ in subparagraph (B) of such sec- imposed on every individual a tax equal to 20 tion. percent of the taxable earned income of such ‘‘(2) ROUNDING.—If any increase determined individual. under paragraph (1) is not a multiple of $50, ‘‘(b) TAXABLE EARNED INCOME.—For pur- such amount shall be rounded to the next DOMENICI (AND BINGAMAN) poses of this section, the term ‘taxable lowest multiple of $50. AMENDMENT NO. 2067 earned income’ means the excess (if any) of— ‘‘SEC. 3. DEDUCTION FOR CASH CHARITABLE ‘‘(1) the earned income received or accrued CONTRIBUTIONS. Mr. STEVENS (for Mr. DOMENICI, for during the taxable year, over ‘‘(a) GENERAL RULE.—For purposes of this himself and Mr. BINGAMAN) proposed an ‘‘(2) the sum of— part, there shall be allowed as a deduction amendment to the bill, S. 1768, supra; ‘‘(A) the standard deduction, any charitable contribution (as defined in as follows: ‘‘(B) the deduction for cash charitable con- subsection (b)) not to exceed $2,500 ($1,250, in tributions, and the case of a married individual filing a sepa- On page 15, after line 21, insert: ‘‘(C) the deduction for home acquisition in- rate return), payment of which is made with- SEC. . Notwithstanding any other provi- debtedness, in the taxable year. sion of law, the Department of the Army is for such taxable year. ‘‘(b) CHARITABLE CONTRIBUTION DEFINED.— hereby prohibited from moving forward with ‘‘(c) EARNED INCOME.—For purposes of this For purposes of this section , the term ‘char- civilian personnel reductions at all Army section— itable contribution’ means a contribution or Test Ranges resulting from proposed reduc- ‘‘(1) IN GENERAL.—The term ‘earned in- gift of cash or its equivalent to or for the use tions in their fiscal year 1999 budget, until come’ means wages, salaries, or professional of the following: such time as the Congress has the oppor- fees, and other amounts received from ‘‘(1) A State, a possession of the United tunity to consider the merits of such action sources within the United States as com- States, or any political subdivision of any of during the fiscal year 1999 defense appropria- pensation for personal services actually ren- the foregoing, or the United States or the tions process. Where civilian personnel are dered, but does not include that part of com- District of Columbia, but only if the con- concerned, the Army is required to offer such pensation derived by the taxpayer for per- tribution or gift is made for exclusively pub- Voluntary Separation Incentive Pay (VSIP) sonal services rendered by the taxpayer to a lic purposes. and Voluntary Early Retirement Authority corporation which represents a distribution ‘‘(2) A corporation, trust, or community benefits as are currently being offered, of earnings or profits rather than a reason- chest, fund, or foundation— should such benefits be necessary at a future able allowance as compensation for the per- ‘‘(A) created or organized in the United date. sonal services actually rendered. States or in any possession thereof, or under March 23, 1998 CONGRESSIONAL RECORD — SENATE S2439 the law of the United States, any State, the For purposes of this subparagraph, the term ‘‘(B) COMPENSATION OR REIMBURSEMENT.— District of Columbia, or any possession of ‘intangible religious benefit’ means any in- Paragraph (1) shall not apply to any amount the United States; tangible religious benefit which is provided paid by the taxpayer within the taxable year ‘‘(B) organized and operated exclusively for by an organization organized exclusively for if the taxpayer receives any money or other religious, charitable, scientific, literary, or religious purposes and which generally is not property as compensation or reimbursement educational purposes, or to foster national or sold in a commercial transaction outside the for maintaining the individual in the tax- international amateur sports competition donative context. payer’s household during the period de- (but only if no part of its activities involve ‘‘(C) CONTEMPORANEOUS.—For purposes of scribed in paragraph (1). the provision of athletic facilities or equip- subparagraph (A), an acknowledgment shall ‘‘(3) RELATIVE DEFINED.—For purposes of ment), or for the prevention of cruelty to be considered to be contemporaneous if the paragraph (1), the term ‘relative of the tax- children or animals; taxpayer obtains the acknowledgment on or payer’ means an individual who, with respect ‘‘(C) no part of the net earnings of which before the earlier of— to the taxpayer, bears any of the relation- inures to the benefit of any private share- ‘‘(i) the date on which the taxpayer files a ships described in subparagraphs (A) through holder or individual; and return for the taxable year in which the con- (H) of section 5(d)(1). ‘‘(D) which is not disqualified for tax ex- tribution was made, or ‘‘(4) NO OTHER AMOUNT ALLOWED AS DEDUC- emption under section 501(c)(3) by reason of ‘‘(ii) the due date (including extensions) for TION.—No deduction shall be allowed under attempting to influence legislation, and filing such return. subsection (a) for any amount paid by a tax- which does not participate in, or intervene in ‘‘(D) SUBSTANTIATION NOT REQUIRED FOR payer to maintain an individual as a member (including the publishing or distributing of CONTRIBUTIONS REPORTED BY THE DONEE ORGA- of the taxpayer’s household under a program statements), any political campaign on be- NIZATION.—Subparagraph (A) shall not apply described in paragraph (1)(A) except as pro- half of (or in opposition to) any candidate for to a contribution if the donee organization vided in this subsection. public office. files a return, on such form and in accord- ‘‘(e) DENIAL OF DEDUCTION FOR CERTAIN A contribution or gift by a corporation to a ance with such regulations as the Secretary TRAVEL EXPENSES.—No deduction shall be al- trust, chest, fund, or foundation shall be de- may prescribe, which includes the informa- lowed under this section for traveling ex- ductible by reason of this paragraph only if tion described in subparagraph (B) with re- penses (including amounts expended for it is to be used within the United States or spect to the contribution. meals and lodging) while away from home, any of its possessions exclusively for pur- ‘‘(E) REGULATIONS.—The Secretary shall whether paid directly or by reimbursement, poses specified in subparagraph (B). Rules prescribe such regulations as may be nec- unless there is no significant element of per- similar to the rules of section 501(j) shall essary or appropriate to carry out the pur- sonal pleasure, recreation, or vacation in apply for purposes of this paragraph. poses of this paragraph, including regula- such travel. ‘‘(3) A post or organization of war veterans, tions that may provide that some or all of ‘‘(f) DISALLOWANCE OF DEDUCTIONS IN CER- or an auxiliary unit or society of, or trust or the requirements of this paragraph do not TAIN CASES.—For disallowance of deductions foundation for, any such post or organiza- apply in appropriate cases. for contributions to or for the use of Com- tion— ‘‘(2) DENIAL OF DEDUCTION WHERE CONTRIBU- munist controlled organizations, see section ‘‘(A) organized in the United States or any TION FOR LOBBYING ACTIVITIES.—No deduction 11(a) of the Internal Security Act of 1950 (50 of its possessions, and shall be allowed under this section for a con- U.S.C. 790). ‘‘(B) no part of the net earnings of which tribution to an organization which conducts ‘‘(g) TREATMENT OF CERTAIN AMOUNTS PAID inures to the benefit of any private share- activities to which section 11(d)(2)(C)(i) ap- TO OR FOR THE BENEFIT OF INSTITUTIONS OF holder or individual. plies on matters of direct financial interest HIGHER EDUCATION.— ‘‘(4) In the case of a contribution or gift by to the donor’s trade or business, if a prin- ‘‘(1) IN GENERAL.—For purposes of this sec- an individual, a domestic fraternal society, cipal purpose of the contribution was to tion, 80 percent of any amount described in order, or association, operating under the avoid Federal income tax by securing a de- paragraph (2) shall be treated as a charitable lodge system, but only if such contribution duction for such activities under this section contribution. or gift is to be used exclusively for religious, which would be disallowed by reason of sec- ‘‘(2) AMOUNT DESCRIBED.—For purposes of charitable, scientific, literary, or edu- tion 11(d)(2)(C) if the donor had conducted paragraph (1), an amount is described in this cational purposes, or for the prevention of such activities directly. No deduction shall paragraph if— cruelty to children or animals. be allowed under section 11(d) for any ‘‘(A) the amount is paid by the taxpayer to ‘‘(5) A cemetery company owned and oper- amount for which a deduction is disallowed or for the benefit of an educational organiza- ated exclusively for the benefit of its mem- under the preceding sentence. tion— bers, or any corporation chartered solely for ‘‘(d) AMOUNTS PAID TO MAINTAIN CERTAIN ‘‘(i) which is described in subsection burial purposes as a cemetery corporation STUDENTS AS MEMBERS OF TAXPAYER’S (d)(1)(B), and and not permitted by its charter to engage in HOUSEHOLD.— ‘‘(ii) which is an institution of higher edu- any business not necessarily incident to that ‘‘(1) IN GENERAL.—Subject to the limita- cation (as defined in section 3304(f)), and purpose, if such company or corporation is tions provided by paragraph (2), amounts ‘‘(B) such amount would be allowable as a not operated for profit and no part of the net paid by the taxpayer to maintain an individ- deduction under this section but for the fact earnings of such company or corporation in- ual (other than a dependent, as defined in that the taxpayer receives (directly or indi- ures to the benefit of any private share- section 5(d), or a relative of the taxpayer) as rectly) as a result of paying such amount the holder or individual. a member of such taxpayer’s household dur- right to purchase tickets for seating at an For purposes of this section, the term ‘chari- ing the period that such individual is— athletic event in an athletic stadium of such table contribution’ also means an amount ‘‘(A) a member of the taxpayer’s household institution. treated under subsection (d) as paid for the under a written agreement between the tax- use of an organization described in para- If any portion of a payment is for the pur- payer and an organization described in para- chase of such tickets, such portion and the graph (2), (3), or (4). graph (2), (3), or (4) of subsection (b) to im- ‘‘(c) DISALLOWANCE OF DEDUCTION IN CER- remaining portion (if any) of such payment plement a program of the organization to TAIN CASES AND SPECIAL RULES.— shall be treated as separate amounts for pur- provide educational opportunities for pupils ‘‘(1) SUBSTANTIATION REQUIREMENT FOR CER- poses of this subsection. or students in private homes, and TAIN CONTRIBUTIONS.— ‘‘(h) OTHER CROSS REFERENCES.— ‘‘(B) a full-time pupil or student in the ‘‘(A) GENERAL RULE.—No deduction shall be ‘‘(1) For treatment of certain organizations allowed under subsection (a) for any con- twelfth or any lower grade at an educational providing child care, see section 501(k). tribution of $250 or more unless the taxpayer organization located in the United States ‘‘(2) For charitable contributions of part- substantiates the contribution by a contem- which normally maintains a regular faculty ners, see section 702. poraneous written acknowledgment of the and curriculum and normally has a regularly ‘‘(3) For treatment of gifts for benefit of or contribution by the donee organization that enrolled body of pupils or students in attend- use in connection with the Naval Academy meets the requirements of subparagraph (B). ance at the place where its educational ac- as gifts to or for the use of the United ‘‘(B) CONTENT OF ACKNOWLEDGMENT.—An tivities are regularly carried on, States, see section 6973 of title 10, United acknowledgment meets the requirements of shall be treated as amounts paid for the use States Code. this subparagraph if it includes the following of the organization. ‘‘(4) For treatment of gifts accepted by the information: ‘‘(2) LIMITATIONS.— Secretary of State, the Director of the Inter- ‘‘(i) The amount of cash contributed. ‘‘(A) AMOUNT.—Paragraph (1) shall apply to national Communication Agency, or the Di- ‘‘(ii) Whether the donee organization pro- amounts paid within the taxable year only rector of the United States International De- vided any goods or services in consideration, to the extent that such amounts do not ex- velopment Cooperation Agency, as gifts to or in whole or in part, for any contribution de- ceed $50 multiplied by the number of full cal- for the use of the United States, see section scribed in clause (i). endar months during the taxable year which 25 of the State Department Basic Authorities ‘‘(iii) A description and good faith estimate fall within the period described in paragraph Act of 1956. of the value of any goods or services referred (1). For purposes of the preceding sentence, if ‘‘(5) For treatment of gifts of money ac- to in clause (ii) or, if such goods or services 15 or more days of a calendar month fall cepted by the Attorney General for credit to consist solely of intangible religious bene- within such period such month shall be con- the ‘Commissary Funds, Federal Prisons’ as fits, a statement to that effect. sidered as a full calendar month. gifts to or for the use of the United States, S2440 CONGRESSIONAL RECORD — SENATE March 23, 1998

see section 4043 of title 18, United States ‘‘(1) QUALIFIED RESIDENCE.—For purposes of ‘‘(3) SPECIAL RULE WHERE DECEASED SPOUSE Code. this subsection— WAS IN MISSING STATUS.—If an individual was ‘‘(6) For charitable contributions to or for ‘‘(A) IN GENERAL.—Except as provided in in a missing status (within the meaning of the use of Indian tribal governments (or sub- subparagraph (C), the term ‘qualified resi- section 6013(f)(3)) as a result of service in a divisions of such governments), see section dence’ means the principal residence of the combat zone and if such individual remains 7871. taxpayer. in such status until the date referred to in ‘‘SEC. 4. DEDUCTION FOR HOME ACQUISITION IN- ‘‘(B) MARRIED INDIVIDUALS FILING SEPARATE subparagraph (A) or (B), then, for purposes of DEBTEDNESS. RETURNS.—If a married couple does not file a paragraph (1)(A), the date on which such in- ‘‘(a) GENERAL RULE.—For purposes of this joint return for the taxable year— dividual dies shall be treated as the earlier of part, there shall be allowed as a deduction ‘‘(i) such couple shall be treated as 1 tax- the date determined under subparagraph (A) all qualified residence interest paid or ac- payer for purposes of subparagraph (A), and or the date determined under subparagraph crued within the taxable year. ‘‘(ii) each individual shall be entitled to (B): 1 ‘‘(b) QUALIFIED RESIDENCE INTEREST DE- take into account ⁄2 of the principal resi- ‘‘(A) The date on which the determination FINED.—The term ‘qualified residence inter- dence unless both individuals consent in is made under section 556 of title 37 of the est’ means any interest which is paid or ac- writing to 1 individual taking into account United States Code or under section 5566 of crued during the taxable year on acquisition the principal residence. title 5 of such Code (whichever is applicable) indebtedness with respect to any qualified ‘‘(C) PRE-OCTOBER 13, 1987, INDEBTEDNESS.— that such individual died while in such miss- residence of the taxpayer. For purposes of In the case of any pre-October 13, 1987, in- ing status. the preceding sentence, the determination of debtedness, the term ‘qualified residence’ ‘‘(B) Except in the case of the combat zone whether any property is a qualified residence has the meaning given that term in section designated for purposes of the Vietnam con- of the taxpayer shall be made as of the time 163(h)(4), as in effect on the day before the flict, the date which is 2 years after the date the interest is accrued. date of enactment of this subparagraph. designated as the date of termination of ‘‘(c) ACQUISITION INDEBTEDNESS.— ‘‘(2) SPECIAL RULE FOR COOPERATIVE HOUS- combatant activities in that zone. ‘‘(b) DEFINITION OF HEAD OF HOUSEHOLD.— ‘‘(1) IN GENERAL.—The term ‘acquisition in- ING CORPORATIONS.—Any indebtedness se- debtedness’ means any indebtedness which— cured by stock held by the taxpayer as a ten- ‘‘(1) IN GENERAL.—For purposes of this ‘‘(A) is incurred in acquiring, constructing, ant-stockholder in a cooperative housing part, an individual shall be considered a head of a household if, and only if, such individual or substantially improving any qualified res- corporation shall be treated as secured by is not married at the close of such individ- idence of the taxpayer, and the house or apartment which the taxpayer ual’s taxable year, is not a surviving spouse ‘‘(B) is secured by such residence. is entitled to occupy as such a tenant-stock- holder. If stock described in the preceding (as defined in subsection (a)), and either— Such term also includes any indebtedness se- sentence may not be used to secure indebted- ‘‘(A) maintains as such individual’s home a cured by such residence resulting from the ness, indebtedness shall be treated as so se- household which constitutes for more than refinancing of indebtedness meeting the re- cured if the taxpayer establishes to the satis- one-half of such taxable year the principal quirements of the preceding sentence (or this faction of the Secretary that such indebted- place of abode, as a member of such house- sentence); but only to the extent the amount ness was incurred to acquire such stock. hold, of— of the indebtedness resulting from such refi- ‘‘(3) UNENFORCEABLE SECURITY INTERESTS.— ‘‘(i) a son, stepson, daughter, or step- nancing does not exceed the amount of the Indebtedness shall not fail to be treated as daughter of the taxpayer, or a descendant of refinanced indebtedness. secured by any property solely because, a son or daughter of the taxpayer, but if such ‘‘(2) $100,000 LIMITATION.—The aggregate under any applicable State or local home- son, stepson, daughter, stepdaughter, or de- amount treated as acquisition indebtedness stead or other debtor protection law in effect scendant is married at the close of the tax- for any period shall not exceed $100,000 on August 16, 1986, the security interest is in- payer’s taxable year, only if the taxpayer is ($50,000 in the case of a married individual effective or the enforceability of the security entitled to a deduction for the taxable year filing a separate return). interest is restricted. for such person under section 2 (or would be ‘‘(d) TREATMENT OF INDEBTEDNESS IN- ‘‘(4) SPECIAL RULES FOR ESTATES AND so entitled but for subparagraph (B) or (D) of CURRED ON OR BEFORE OCTOBER 13, 1987.— TRUSTS.—For purposes of determining wheth- subsection (d)(5)), or ‘‘(1) IN GENERAL.—In the case of any pre- er any interest paid or accrued by an estate ‘‘(ii) any other person who is a dependent October 13, 1987, indebtedness— or trust is qualified residence interest, any of the taxpayer, if the taxpayer is entitled to ‘‘(A) such indebtedness shall be treated as residence held by such estate or trust shall a deduction for the taxable year for such per- acquisition indebtedness, and be treated as a qualified residence of such es- son under section 2, or ‘‘(B) the limitation of subsection (b)(2) tate or trust if such estate or trust estab- ‘‘(B) maintains a household which con- shall not apply. lishes that such residence is a qualified resi- stitutes for such taxable year the principal ‘‘(2) REDUCTION IN $100,000 LIMITATION.—The dence of a beneficiary who has a present in- place of abode of the father or mother of the limitation of subsection (b)(2) shall be re- terest in such estate or trust or an interest taxpayer, if the taxpayer is entitled to a de- duced (but not below zero) by the aggregate in the residuary of such estate or trust. duction for the taxable year for such father amount of outstanding pre-October 13, 1987, ‘‘SEC. 5. DEFINITIONS AND SPECIAL RULES. or mother under section 2. indebtedness. ‘‘(a) DEFINITION OF SURVIVING SPOUSE.— For purposes of this paragraph, an individual ‘‘(3) PRE-OCTOBER 13, 1987, INDEBTEDNESS.— ‘‘(1) IN GENERAL.—For purposes of this shall be considered as maintaining a house- The term ‘pre-October 13, 1987, indebtedness’ part, the term ‘surviving spouse’ means a hold only if over one-half of the cost of main- means— taxpayer— taining the household during the taxable ‘‘(A) any indebtedness which was incurred ‘‘(A) whose spouse died during either of the year is furnished by such individual. on or before October 13, 1987, and which was taxpayer’s 2 taxable years immediately pre- ‘‘(2) DETERMINATION OF STATUS.—For pur- secured by a qualified residence on October ceding the taxable year, and poses of this subsection— 13, 1987, and at all times thereafter before ‘‘(B) who maintains as the taxpayer’s home ‘‘(A) a legally adopted child of a person the interest is paid or accrued, or a household which constitutes for the tax- shall be considered a child of such person by ‘‘(B) any indebtedness which is secured by able year the principal place of abode (as a blood; the qualified residence and was incurred member of such household) of a dependent— ‘‘(B) an individual who is legally separated after October 13, 1987, to refinance indebted- ‘‘(i) who (within the meaning of subsection from such individual’s spouse under a decree ness described in subparagraph (A) (or refi- (d)) is a son, stepson, daughter, or step- of divorce or of separate maintenance shall nanced indebtedness meeting the require- daughter of the taxpayer, and not be considered as married; ments of this subparagraph) to the extent ‘‘(ii) with respect to whom the taxpayer is ‘‘(C) a taxpayer shall be considered as not (immediately after the refinancing) the prin- entitled to a deduction for the taxable year married at the close of such taxpayer’s tax- cipal amount of the indebtedness resulting under section 2. able year if at any time during the taxable from the refinancing does not exceed the For purposes of this paragraph, an individual year such taxpayer’s spouse is a nonresident principal amount of the refinanced indebted- shall be considered as maintaining a house- alien; and ness (immediately before the refinancing). hold only if over one-half of the cost of main- ‘‘(D) a taxpayer shall be considered as mar- ‘‘(4) LIMITATION ON PERIOD OF REFINANC- taining the household during the taxable ried at the close of such taxpayer’s taxable ING.—Subparagraph (B) of paragraph (3) shall year is furnished by such individual. year if such taxpayer’s spouse (other than a not apply to any indebtedness after— ‘‘(2) LIMITATIONS.—Notwithstanding para- spouse described in subparagraph (C)) died ‘‘(A) the expiration of the term of the in- graph (1), for purposes of this part a taxpayer during the taxable year. debtedness described in paragraph (3)(A), or shall not be considered to be a surviving ‘‘(3) LIMITATIONS.—Notwithstanding para- ‘‘(B) if the principal of the indebtedness de- spouse— graph (1), for purposes of this part, a tax- scribed in paragraph (3)(A) is not amortized ‘‘(A) if the taxpayer has remarried at any payer shall not be considered to be a head of over its term, the expiration of the term of time before the close of the taxable year, or a household— the first refinancing of such indebtedness (or ‘‘(B) unless, for the taxpayer’s taxable year ‘‘(A) if at any time during the taxable year if earlier, the date which is 30 years after the during which the taxpayer’s spouse died, a the taxpayer is a nonresident alien; or date of such first refinancing). joint return could have been made under the ‘‘(B) by reason of an individual who would ‘‘(e) OTHER DEFINITIONS AND SPECIAL provisions of section 6013 (without regard to not be a dependent for the taxable year but RULES.—For purposes of this section— subsection (a)(3) thereof). for— March 23, 1998 CONGRESSIONAL RECORD — SENATE S2441

‘‘(i) subparagraph (I) of subsection (d)(1), or year shall be treated as received from the ‘‘(i) IN GENERAL.—A child of parents de- ‘‘(ii) paragraph (3) of subsection (d). taxpayer if— scribed in subparagraph (A) shall be treated ‘‘(c) CERTAIN MARRIED INDIVIDUALS LIVING ‘‘(A) no one person contributed over one- as having received over one-half such child’s APART.—For purposes of this part, an indi- half of such support; support during a calendar year from the non- vidual shall be treated as not married at the ‘‘(B) over one-half of such support was re- custodial parent if— close of the taxable year if such individual is ceived from persons each of whom, but for ‘‘(I) a qualified pre-1985 instrument be- so treated under the provisions of section the fact that such person did not contribute tween the parents applicable to the taxable 7703(b). over one-half of such support, would have year beginning in such calendar year pro- ‘‘(d) DEPENDENT DEFINED.— been entitled to claim such individual as a vides that the noncustodial parent shall be ‘‘(1) GENERAL DEFINITION.—For purposes of dependent for a taxable year beginning in entitled to any deduction allowable under this part, the term ‘dependent’ means any of such calendar year; section 2 for such child, and the following individuals over one-half of ‘‘(C) the taxpayer contributed over 10 per- ‘‘(II) the noncustodial parent provides at whose support, for the calendar year in cent of such support; and least $600 for the support of such child during which the taxable year of the taxpayer be- ‘‘(D) each person described in subparagraph such calendar year. gins, was received from the taxpayer (or is (B) (other than the taxpayer) who contrib- For purposes of this clause, amounts ex- treated under paragraph (3) or (5) as received uted over 10 percent of such support files a pended for the support of a child or children written declaration (in such manner and from the taxpayer): shall be treated as received from the non- form as the Secretary may by regulations ‘‘(A) A son or daughter of the taxpayer, or custodial parent to the extent that such par- prescribe) that such person will not claim a descendant of either. ent provided amounts for such support. such individual as a dependent for any tax- ‘‘(B) A stepson or stepdaughter of the tax- ‘‘(ii) QUALIFIED PRE-1985 INSTRUMENT.—For able year beginning in such calendar year. payer. purposes of this subparagraph, the term ‘‘(4) SPECIAL SUPPORT TEST IN CASE OF STU- ‘‘(C) A brother, sister, stepbrother, or step- ‘qualified pre-1985 instrument’ means any de- DENTS.—For purposes of paragraph (1), in the sister of the taxpayer. cree of divorce or separate maintenance or case of any individual who is— ‘‘(D) The father or mother of the taxpayer, written agreement— ‘‘(A) a son, stepson, daughter, or step- ‘‘(I) which is executed before January 1, or an ancestor of either. daughter of the taxpayer (within the mean- ‘‘(E) A stepfather or stepmother of the tax- 1985, ing of this subsection), and ‘‘(II) which on such date contains the pro- payer. ‘‘(B) a student, ‘‘(F) A son or daughter of a brother or sis- vision described in clause (i)(I), and ter of the taxpayer. amounts received as scholarships for study ‘‘(III) which is not modified on or after ‘‘(G) A brother or sister of the father or at an educational organization described in such date in a modification which expressly mother of the taxpayer. section 3(d)(1)(B) shall not be taken into ac- provides that this subparagraph shall not ‘‘(H) A son-in-law, daughter-in-law, father- count in determining whether such individ- apply to such decree or agreement. in-law, mother-in-law, brother-in-law, or sis- ual received more than one-half of such indi- ‘‘(E) SPECIAL RULE FOR SUPPORT RECEIVED ter-in-law of the taxpayer. vidual’s support from the taxpayer. FROM NEW SPOUSE OF PARENT.—For purposes ‘‘(I) An individual (other than an individ- ‘‘(5) SUPPORT TEST IN CASE OF CHILD OF DI- of this paragraph, in the case of the remar- VORCED PARENTS, ETC.— riage of a parent, support of a child received ual who at any time during the taxable year ‘‘(A) CUSTODIAL PARENT GETS EXEMPTION.— from the parent’s spouse shall be treated as was the spouse, determined without regard Except as otherwise provided in this para- received from the parent. to section 7703, of the taxpayer) who, for the graph, if— taxable year of the taxpayer, has as such in- ‘‘PART II—TAX ON BUSINESS ACTIVITIES ‘‘(i) a child receives over one-half of such dividual’s principal place of abode the home ‘‘Sec. 11. Tax imposed on business activities. child’s support during the calendar year of the taxpayer and is a member of the tax- ‘‘SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. from such child’s parents— payer’s household. ‘‘(a) TAX IMPOSED.—There is hereby im- ‘‘(I) who are divorced or legally separated ‘‘(2) RULES RELATING TO GENERAL DEFINI- posed on every person engaged in a business under a decree of divorce or separate mainte- TION.—For purposes of this section— activity located in the United States a tax nance, ‘‘(A) BROTHER; SISTER.—The terms ‘broth- equal to 20 percent of the business taxable ‘‘(II) who are separated under a written er’ and ‘sister’ include a brother or sister by income of such person. separation agreement, or the halfblood. ‘‘(b) LIABILITY FOR TAX.—The tax imposed ‘‘(III) who live apart at all times during ‘‘(B) CHILD.—In determining whether any by this section shall be paid by the person the last 6 months of the calendar year, and of the relationships specified in paragraph (1) engaged in the business activity, whether ‘‘(ii) such child is in the custody of 1 or or subparagraph (A) of this paragraph exists, such person is an individual, partnership, both of such child’s parents for more than a legally adopted child of an individual (and corporation, or otherwise. one-half of the calendar year, ‘‘(c) BUSINESS TAXABLE INCOME.— a child who is a member of an individual’s ‘‘(1) IN GENERAL.—For purposes of this sec- household, if placed with such individual by such child shall be treated, for purposes of tion, the term ‘business taxable income’ an authorized placement agency for legal paragraph (1), as receiving over one-half of such child’s support during the calendar year means gross active income reduced by the adoption by such individual), or a foster deductions specified in subsection (d). child of an individual (if such child satisfies from the parent having custody for a greater ‘‘(2) GROSS ACTIVE INCOME.—For purposes of the requirements of paragraph (1)(I) with re- portion of the calendar year (hereafter in this paragraph referred to as the ‘custodial paragraph (1), the term ‘gross active income’ spect to such individual), shall be treated as means gross income other than investment a child of such individual by blood. parent’). ‘‘(B) EXCEPTION WHERE CUSTODIAL PARENT income. ‘‘(C) CITIZENSHIP.—The term ‘dependent’ ‘‘(d) DEDUCTIONS.— RELEASES CLAIM TO EXEMPTION FOR THE does not include any individual who is not a ‘‘(1) IN GENERAL.—The deductions specified YEAR.—A child of parents described in sub- citizen or national of the United States un- in this subsection are— paragraph (A) shall be treated as having re- less such individual is a resident of the ‘‘(A) the cost of business inputs for the ceived over one-half of such child’s support United States or of a country contiguous to business activity, during a calendar year from the noncustodial the United States. The preceding sentence ‘‘(B) the compensation (including contribu- parent if— shall not exclude from the definition of ‘de- tions to qualified retirement plans but not ‘‘(i) the custodial parent signs a written pendent’ any child of the taxpayer legally including other fringe benefits) paid for em- adopted by such taxpayer, if, for the taxable declaration (in such manner and form as the ployees performing services in such activity, year of the taxpayer, the child has as such Secretary may by regulations prescribe) that and child’s principal place of abode the home of such custodial parent will not claim such ‘‘(C) the cost of personal and real property the taxpayer and is a member of the tax- child as a dependent for any taxable year be- used in such activity. ginning in such calendar year, and payer’s household, and if the taxpayer is a ‘‘(2) BUSINESS INPUTS.— ‘‘(ii) the noncustodial parent attaches such citizen or national of the United States. ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(D) ALIMONY, ETC.—A payment to a wife written declaration to the noncustodial par- graph (1)(A), the term ‘cost of business in- which is alimony or separate maintenance ent’s return for the taxable year beginning puts’ means— shall not be treated as a payment by the during such calendar year. ‘‘(i) the actual cost of goods, services, and wife’s husband for the support of any depend- For purposes of this paragraph, the term materials, whether or not resold during the ent. ‘noncustodial parent’ means the parent who taxable year, and ‘‘(E) UNLAWFUL ARRANGEMENTS.—An indi- is not the custodial parent. ‘‘(ii) the actual cost, if reasonable, of trav- vidual is not a member of the taxpayer’s ‘‘(C) EXCEPTION FOR MULTIPLE-SUPPORT el and entertainment expenses for business household if at any time during the taxable AGREEMENT.—This paragraph shall not apply purposes. year of the taxpayer the relationship be- in any case where over one-half of the sup- ‘‘(B) PURCHASES OF GOODS AND SERVICES EX- tween such individual and the taxpayer is in port of the child is treated as having been re- CLUDED.—Such term shall not include pur- violation of local law. ceived from a taxpayer under the provisions chases of goods and services provided to em- ‘‘(3) MULTIPLE SUPPORT AGREEMENTS.—For of paragraph (3). ployees or owners. purposes of paragraph (1), over one-half of ‘‘(D) EXCEPTION FOR CERTAIN PRE-1985 IN- ‘‘(C) CERTAIN LOBBYING AND POLITICAL EX- the support of an individual for a calendar STRUMENTS.— PENDITURES EXCLUDED.— S2442 CONGRESSIONAL RECORD — SENATE March 23, 1998

‘‘(i) IN GENERAL.—Such term shall not in- engaged in the trade or business of conduct- (J) Subchapter N (relating to tax based on clude any amount paid or incurred in con- ing activities described in clause (i) for the income from sources within or without the nection with— conduct of such activities on behalf of the United States). ‘‘(I) influencing legislation, taxpayer, or dues or other similar amounts (K) Subchapter O (relating to gain or loss ‘‘(II) participation in, or intervention in, paid or incurred by the taxpayer which are on disposition of property). any political campaign on behalf of (or in op- allocable to activities described in clause (i). (L) Subchapter P (relating to capital gains position to) any candidate for public office, ‘‘(III) EXPENSES INCURRED IN CONNECTION and losses). ‘‘(III) any attempt to influence the general WITH LOBBYING AND POLITICAL ACTIVITIES.— (M) Subchapter Q (relating to readjust- public, or segments thereof, with respect to Any amount paid or incurred for research ment of tax between years and special limi- elections, legislative matters, or referen- for, or preparation, planning, or coordination tations). dums, or of, any activity described in clause (i) shall (N) Subchapter S (relating to tax treat- ‘‘(IV) any direct communication with a be treated as paid or incurred in connection ment of S corporations and their sharehold- covered executive branch official in an at- with such activity. ers). tempt to influence the official actions or po- ‘‘(vi) COVERED EXECUTIVE BRANCH OFFI- (O) Subchapter T (relating to cooperatives sitions of such official. CIAL.—For purposes of this subparagraph, the and their patrons). ‘‘(ii) EXCEPTION FOR LOCAL LEGISLATION.— term ‘covered executive branch official’ (P) Subchapter U (relating to designation In the case of any legislation of any local means— and treatment of empowerment zones, enter- council or similar governing body— ‘‘(I) the President, prise communities, and rural development ‘‘(I) clause (i)(I) shall not apply, and ‘‘(II) the Vice President, investment areas). ‘‘(II) such term shall include all ordinary ‘‘(III) any officer or employee of the White (Q) Subchapter V (relating to title 11 and necessary expenses (including, but not House Office of the Executive Office of the cases). limited to, traveling expenses described in President, and the 2 most senior level offi- (2) REDESIGNATIONS.—The following sub- subparagraph (A)(iii) and the cost of prepar- cers of each of the other agencies in such Ex- chapters of chapter 1 of subtitle A and the ing testimony) paid or incurred during the ecutive Office, and items relating to such subchapters in the taxable year in carrying on any trade or ‘‘(IV) any individual serving in a position table of subchapters for such chapter 1 are business— in level I of the Executive Schedule under redesignated: ‘‘(aa) in direct connection with appear- section 5312 of title 5, United States Code, (A) Subchapter E (relating to accounting ances before, submission of statements to, or any other individual designated by the Presi- periods and methods of accounting) as sub- sending communications to the committees, dent as having Cabinet level status, and any chapter B. or individual members, of such council or immediate deputy of such an individual. (B) Subchapter F (relating to exempt orga- body with respect to legislation or proposed ‘‘(vii) SPECIAL RULE FOR INDIAN TRIBAL GOV- nizations) as subchapter C. legislation of direct interest to the taxpayer, ERNMENTS.—For purposes of this subpara- (C) Subchapter K (relating to partners and or graph, an Indian tribal government shall be partnerships) as subchapter D. ‘‘(bb) in direct connection with commu- treated in the same manner as a local coun- SEC. ll03. REPEAL OF ESTATE AND GIFT TAXES. nication of information between the tax- cil or similar governing body. Subtitle B (relating to estate, gift, and payer and an organization of which the tax- ‘‘(viii) CROSS REFERENCE.— generation-skipping taxes) and the item re- payer is a member with respect to any such lating to such subtitle in the table of sub- legislation or proposed legislation which is ‘‘For reporting requirements and alter- titles is repealed. of direct interest to the taxpayer and to such native taxes related to this subsection, see ll organization, and that portion of the dues so section 6033(e). SEC. 04. ADDITIONAL REPEALS. paid or incurred with respect to any organi- Subtitles H (relating to financing of presi- ‘‘(e) CARRYOVER OF EXCESS DEDUCTIONS.— zation of which the taxpayer is a member dential election campaigns) and J (relating ‘‘(1) IN GENERAL.—If the aggregate deduc- which is attributable to the expenses of the to coal industry health benefits) and the tions for any taxable year exceed the gross activities carried on by such organization. items relating to such subtitles in the table active income for such taxable year, the ‘‘(iii) APPLICATION TO DUES OF TAX-EXEMPT of subtitles are repealed. amount of the deductions specified in sub- ll ORGANIZATIONS.—Such term shall include the SEC. 05. EFFECTIVE DATES. portion of dues or other similar amounts section (d) for the succeeding taxable year (a) IN GENERAL.—Except as provided in paid by the taxpayer to an organization (determined without regard to this sub- subsection (b), the amendments made by this which is exempt from tax under this subtitle section) shall be increased by the sum of— title apply to taxable years beginning after which the organization notifies the taxpayer ‘‘(A) such excess, plus December 31, 1997. under section 6033(e)(1)(A)(ii) is allocable to ‘‘(B) the product of such excess and the 3- (b) REPEAL OF ESTATE AND GIFT TAXES.— expenditures to which clause (i) applies. month Treasury rate for the last month of The repeal made by section ll03 applies to ‘‘(iv) INFLUENCING LEGISLATION.—For pur- such taxable year. estates of decedents dying, and transfers poses of this subparagraph— ‘‘(2) 3-MONTH TREASURY RATE.—For pur- made, after December 31, 1997. ‘‘(I) IN GENERAL.—The term ‘influencing poses of paragraph (1), the 3-month Treasury (c) TECHNICAL AND CONFORMING CHANGES.— legislation’ means any attempt to influence rate is the rate determined by the Secretary The Secretary of the Treasury or the Sec- any legislation through communication with based on the average market yield (during retary’s delegate shall, as soon as prac- any member or employee of a legislative any 1-month period selected by the Sec- ticable but in any event not later than 90 body, or with any government official or em- retary and ending in the calendar month in days after the date of enactment of this ployee who may participate in the formula- which the determination is made) on out- title, submit to the Committee on Ways and tion of legislation. standing marketable obligations of the Means of the House of Representatives and ‘‘(II) LEGISLATION.—The term ‘legislation’ United States with remaining periods to ma- the Committee on Finance of the Senate a has the meaning given that term in section turity of 3 months or less.’’ draft of any technical and conforming 4911(e)(2). (b) CONFORMING REPEALS AND REDESIGNA- changes in the Internal Revenue Code of 1986 ‘‘(v) OTHER SPECIAL RULES.— TIONS.— which are necessary to reflect throughout ‘‘(I) EXCEPTION FOR CERTAIN TAXPAYERS.— (1) REPEALS.—The following subchapters of such Code the changes in the substantive In the case of any taxpayer engaged in the chapter 1 of subtitle A and the items relating provisions of law made by this title. trade or business of conducting activities de- to such subchapters in the table of sub- f scribed in clause (i), clause (i) shall not chapters for such chapter 1 are repealed: apply to expenditures of the taxpayer in con- (A) Subchapter B (relating to computation 1998 EMERGENCY SUPPLEMENTAL ducting such activities directly on behalf of of taxable income). APPROPRIATIONS ACT FOR RE- another person (but shall apply to payments (B) Subchapter C (relating to corporate COVERY FROM NATURAL DISAS- by such other person to the taxpayer for con- distributions and adjustments). TERS, AND FOR OVERSEAS ducting such activities). (C) Subchapter D (relating to deferred PEACEKEEPING EFFORTS ‘‘(II) DE MINIMIS EXCEPTION.— compensation, etc.). ‘‘(aa) IN GENERAL.—Clause (i) shall not (D) Subchapter G (relating to corporations apply to any in-house expenditures for any used to avoid income tax on shareholders). CRAIG AMENDMENT NO. 2069 taxable year if such expenditures do not ex- (E) Subchapter H (relating to banking in- ceed $2,000. In determining whether a tax- stitutions). Mr. STEVENS (for Mr. CRAIG) pro- payer exceeds the $2,000 limit, there shall not (F) Subchapter I (relating to natural re- posed an amendment to the bill, S. be taken into account overhead costs other- sources). 1768, supra; as follows: wise allocable to activities described in sub- (G) Subchapter J (relating to estates, On page 36, strike lines 6 through 10 and in- clauses (I) and (IV) of clause (i). trusts, beneficiaries, and decedents). sert in lieu thereof the following: ‘‘(bb) IN-HOUSE EXPENDITURES.—For pur- (H) Subchapter L (relating to insurance (b)(1) For any previously scheduled poses of provision (aa), the term ‘in-house companies). projects that are referred to in, but not au- expenditures’ means expenditures described (I) Subchapter M (relating to regulated in- thorized pursuant to, subsection (a)(1), the in subclauses (I) and (IV) of clause (i) other vestment companies and real estate invest- Chief may, to the maximum extent prac- than payments by the taxpayer to a person ment trusts). ticable, prepare and authorize substitute March 23, 1998 CONGRESSIONAL RECORD — SENATE S2443 projects within the same state to be offered of Engineers shall not be responsible for the At the appropriate place in title II of the or initiated in fiscal year 1998 or fiscal year future costs of operation, repair, replace- bill insert the following new general provi- 1999. Such projects shall be subject to the re- ment or rehabilitation of the project: Pro- sions: quirements of subsection (a)(2). vided further, That the entire amount shall SEC. . SUPPORT FOR DEMOCRATIC OPPOSITION be available only to the extent an official IN IRAQ. In addition to the amounts appropriated to DASCHLE AMENDMENT NO. 2070 budget request of $1,100,000, that includes designation of the entire amount of the re- the President under Public Law 105–118, Mr. STEVENS (for Mr. DASCHLE) pro- quest as an emergency requirement as de- there is hereby appropriated $5,000,000 for the posed an amendment to the bill, S. fined in the Balanced Budget and Emergency ‘‘Economic Support Fund,’’ to remain avail- 1768, supra; as follows: Deficit Control Act of 1985, as amended, is able until September 30, 1999, for assistance transmitted by the President to the Con- to the Iraqi democratic opposition for such On page 18, following line 5, insert the fol- gress: Provided further, That the entire activities as organization, training, dissemi- lowing: amount is designated by the Congress as an nating information, developing and imple- An additional amount for emergency river emergency requirement pursuant to section menting agreements among opposition and shoreline repairs along the Missouri 251(b)(2)(A) of such Act. groups, and for related purposes: Provided River in South Dakota to be conducted at further, That within 30 days of enactment full Federal expense, $2,500,000, to remain into law of this Act the Secretary of State available until expended: Provided, That the INOUYE AMENDMENT NO. 2073 shall submit a detailed report to the appro- Secretary of the Army is authorized and di- Mr. STEVENS (for Mr. INOUYE) pro- priate committees of Congress on plans to rected to obligate and expend the funds ap- posed an amendment to the bill, S. establish a program to support the demo- propriated for South Dakota emergency cratic opposition in Iraq: Provided further, river and shoreline repair if the Secretary of 1768, supra; as follows: That such amount is designated by Congress the Army certifies that such work is nec- On page 18, following line 5, insert the fol- as an emergency requirement pursuant to essary to provide flood related benefits: Pro- lowing: section 251(b)(2)(A) of the Balanced Budget vided further, That the Corps of Engineers An additional amount for emergency main- and Emergency Deficit Control Act of 1985, shall not be responsible for the future costs tenance dredging at Apra Harbor, Guam to as amended: Provided further, That the en- of operation, repair, replacement or rehabili- be conducted at full Federal expense, tire amount shall be available only to the ex- tation of the project. Provided further, That $1,400,000, to remain available until ex- tent that an official budget request for a spe- the entire amount shall be available only to pended: Provided, That the Secretary of the cific dollar amount, that includes designa- the extent an official budget request of Army is authorized and directed to obligate tion of the entire amount of the request as $2,500,000, that includes designation of the and expand the funds appropriated for the an emergency requirement as defined in the entire amount of the request as an emer- Apra Harbor, Guam emergency maintenance Balanced Budget and Emergency Deficit gency requirement as defined in the Bal- dredging if the Secretary of the Army cer- Control Act of 1985, as amended, is transmit- anced Budget and Emergency Deficit Control tifies that such work is in the national inter- ted by the President to Congress. Act of 1985, as amended, is transmitted by est: Provided further, That the Corps of En- SEC. . ESTABLISHMENT OF RADIO FREE IRAQ. the President to the Congress: Provided fur- gineers shall not be responsible for the fu- In addition to the amounts appropriated to ther, That the entire amount is designated ture costs of operation, repair, replacement the United States Information Agency under by the Congress as an emergency require- or rehabilitation of the project: Provided Public Law 105–119, there is hereby appro- ment pursuant to section 251(b)(2)(A) of such further, That the entire amount shall be priated $5,000,000 for ‘‘International Broad- Act. available only to the extent an official budg- casting Operations,’’ to remain available et request of $1,400,000, that includes designa- until September 30, 1999, for a grant to Radio tion of the entire amount of the request as Free Europe/Radio Liberty for surrogate COCHRAN (AND OTHERS) an emergency requirement as defined in the radio broadcasting to the Iraqi people: Pro- AMENDMENT NO. 2071 Balanced Budget and Emergency Deficit vided, That such broadcasting shall be des- Mr. STEVENS (for Mr. COCHRAN, Mr. Control Act of 1985, as amended, is transmit- ignated ‘‘Radio Free Iraq’’: Provided further, That within 30 days of enactment into law of BUMPERS, Mr. D’AMATO, and Mrs. ted by the President to the Congress: Pro- vided further, That the entire amount is des- this Act the Broadcasting Board of Gov- BOXER) proposed an amendment to the ignated by the Congress as an emergency re- ernors shall submit a detailed report to the bill, S. 1768, supra; as follows: quirement pursuant to section 251(b)(2)(A) of appropriate committees to Congress on plans On page 5, after line 3, insert the following: such Act. to establish a surrogate broadcasting service ‘‘TREE ASSISTANCE PROGRAM to Iraq: Provided further, That such amount is designated by Congress as an emergency ‘‘An amount of $8,700,000 is provided for as- COCHRAN (AND BUMPERS) requirement pursuant to section 251(b)(2)(A) sistance to replace or rehabilitate trees and AMENDMENT NO. 2074 of the Balanced Budget and Emergency Defi- vineyards damaged by natural disasters: Pro- cit Control Act of 1985, as amended: Provided vided, That the entire amount is available Mr. STEVENS (for Mr. COCHRAN, for further, That the entire amount shall be only to the extent that an official budget re- himself and Mr. BUMPERS) proposed an amendment to the bill, S. 1768, supra; available only to the extent that an official quest for $8,700,000, that includes designation budget request for a specific dollar amount, of the entire amount of the request as an as follows: that includes designation of the entire emergency requirement as defined in the On page 3, line 3, strike ‘‘and’’. amount of the request as an emergency re- Balanced Budget and Emergency Deficit On page 3, line 4, before the period, add ‘‘; quirement as defined in the Balanced Budget Control Act of 1985, as amended, is transmit- and for boll weevil eradication program and Emergency Deficit Control Act of 1985, ted by the President to the Congress: Pro- loans as authorized by 7 U.S.C. 1989, as amended, is transmitted by the President vided further, That the entire amount is des- $222,000’’. to Congress. ignated by the Congress as an emergency re- quirement pursuant to section 251(b)(2)(A) of such Act.’’ BOXER AMENDMENT NO. 2075 LEVIN AMENDMENT NO. 2077 Mr. STEVENS (for Mrs. BOXER) pro- Mr. LEVIN proposed an amendment BOXER AMENDMENT NO. 2072 posed an amendment to the bill, S. to the bill S. 1768, supra; as follows: 1768, supra; as follows: On page 15, after line 21, insert the follow- Mr. STEVENS (for Mrs. BOXER) pro- ing: On page 45, line 13, after the words, ‘‘high- posed an amendment to the bill, S. SEC. 205. (a) Congress urges the President 1768, supra; as follows: way program made available by this Act’’, to enter into an agreement with the North insert the following: ‘‘: Provided further, That Atlantic Treaty Organization (NATO) that On page 18, following line 5, insert the fol- 23 U.S.C. 125(b)(1) shall not apply to projects lowing: sets forth— resulting from the Fall 1997 and Winter 1998 (1) the benchmarks that are detailed in the An additional amount for emergency levee flooding in the western States’’. report accompanying the certification that repairs at Suisun Marsh, California to be was made by the President to Congress on conducted at full Federal expense, $1,100,000, March 3, 1998; to remain available until expended: Pro- LOTT (AND OTHERS) AMENDMENT NO. 2076 (2) a schedule for achieving the bench- vided, That the Secretary of the Army is au- marks; and thorized and directed to obligate and expend Mr. STEVENS (for Mr. LOTT, for him- (3) a process for NATO to carry out a for- the funds appropriated for the Suisun Marsh, self, Mr. LIEBERMAN, Mr. GREGG, Mr. mal review of each failure, if any, to achieve California levee repair to proceed with engi- HOLLINGS, Mr. KYL, Mr. STEVENS, Mr. any such benchmark on schedule. neering and design and reconstruction if the (b) The President shall submit to Con- MCCONNELL, Mr. HELMS, Mr. SHELBY, Secretary of the Army certifies that such gress— work is necessary to provide flood control Mr. BROWNBACK, and Mr. KERREY) pro- (1) not later than June 30, 1998, a report on benefits in the vicinity of Suisun Marsh, posed an amendment to the bill, S. the results of the efforts to obtain an agree- California: Provided further, That the Corps 1768, supra; as follows: ment described in subsection (a); and S2444 CONGRESSIONAL RECORD — SENATE March 23, 1998

(2) semiannually after that report, a report ‘‘(r) COMPENSATORY TIME OFF FOR PRIVATE vided not later than 31 days after the end of on the progress made toward achieving the EMPLOYEES.— the 12-month period. benchmarks referred to in subsection (a)(1), ‘‘(1) VOLUNTARY PARTICIPATION.— ‘‘(C) EXCESS OF 80 HOURS.—The employer including a discussion of each achievement ‘‘(A) IN GENERAL.—Except as provided in may provide monetary compensation for an of a benchmark referred to in that sub- subparagraph (B), no employee may be re- employee’s unused compensatory time off in section, each failure to achieve a benchmark quired under this subsection to receive com- excess of 80 hours at any time after provid- on schedule, and the results of NATO’s for- pensatory time off in lieu of monetary over- ing the employee with at least 30 days’ writ- mal review of each such failure. time compensation. The acceptance of com- ten notice. The compensation shall be pro- pensatory time off in lieu of monetary over- vided at the rate prescribed by paragraph (8). STEVENS AMENDMENT NO. 2078 time compensation may not be a condition of ‘‘(5) DISCONTINUANCE OF POLICY OR WITH- employment. DRAWAL.— Mr. STEVENS proposed an amend- ‘‘(B) COLLECTIVE BARGAINING AGREEMENT.— ment to amendment No. 2077 proposed ‘‘(A) DISCONTINUANCE OF POLICY.—An em- In a case in which a valid collective bargain- ployer that has adopted a policy offering by Mr. LEVIN to the bill, S. 1768, supra; ing agreement exists between an employer compensatory time off to employees may as follows: and the representative of the employees that discontinue the policy for employees de- At the end of the amendment, add the fol- is recognized as provided for in section 9(a) scribed in paragraph (3)(A)(ii) after providing lowing: (c) The enactment of this section of the National Labor Relations Act (29 30 days’ written notice to the employees who does not reflect approval or disapproval of U.S.C. 159(a)), an employee may only be re- are subject to an agreement or understand- quired under this subsection to receive com- the benchmarks submitted by the President ing described in paragraph (3)(A)(ii). pensatory time off in lieu of monetary over- in the certification to Congress transmitted ‘‘(B) WITHDRAWAL.—An employee may time compensation in accordance with the on March 3, 1998. withdraw an agreement or understanding de- agreement. scribed in paragraph (3)(A)(ii) at any time, ‘‘(2) GENERAL RULE.— KYL AMENDMENT NO. 2079 by submitting a written notice of withdrawal ‘‘(A) COMPENSATORY TIME OFF.—An em- Mr. STEVENS (for Mr. KYL) proposed ployee may receive, in accordance with this to the employer of the employee. An em- an amendment to the bill, S. 1768, subsection and in lieu of monetary overtime ployee may also request in writing that mon- etary compensation be provided, at any supra; as follows: compensation, compensatory time off at a time, for all compensatory time off accrued On page 15, after line 21, add the following: rate not less than one and one-half hours for each hour of employment for which mone- that has not been used. Within 30 days after SEC. 205. In addition to the amounts pro- receiving the written request, the employer vided in Public Law 105–56, $151,000,000 is ap- tary overtime compensation is required by shall provide the employee the monetary propriated under the heading ‘‘Research, De- this section. compensation due in accordance with para- velopment, Test and Evaluation, Defense- ‘‘(B) DEFINITIONS.—In this subsection: graph (8). Wide’’: Provided, That the additional amount ‘‘(i) EMPLOYEE.—The term ‘employee’ does ‘‘(6) ADDITIONAL REQUIREMENTS.— shall be made available for enhancements to not include an employee of a public agency. ‘‘(A) PROHIBITION OF COERCION.— selected theater missile defense programs to ‘‘(ii) EMPLOYER.—The term ‘employer’ does ‘‘(i) IN GENERAL.—An employer that pro- counter enhanced ballistic missile threats: not include a public agency. vides compensatory time off under paragraph Provided further, That of the additional ‘‘(3) CONDITIONS.—An employer may pro- (2) to an employee shall not directly or indi- amount appropriated, $45,000,000 shall be vide compensatory time off to employees rectly intimidate, threaten, or coerce, or at- made available only for the procurement of under paragraph (2)(A) only pursuant to the items and equipment required for a third following: tempt to intimidate, threaten, or coerce, any Arrow missile defense battery: Provided fur- ‘‘(A) The compensatory time off may be employee for the purpose of— ther, That the entire amount shall be avail- provided only in accordance with— ‘‘(I) interfering with the rights of the em- able only to the extent that an official budg- ‘‘(i) applicable provisions of a collective ployee under this subsection to request or et request for $151,000,000, that includes des- bargaining agreement between the employer not request compensatory time off in lieu of ignation of the entire amount of the request and the representative of the employee that payment of monetary overtime compensa- as an emergency requirement as defined in is recognized as provided for in section 9(a) tion for overtime hours; the Balanced Budget and Emergency Deficit of the National Labor Relations Act (29 ‘‘(II) interfering with the rights of the em- Control Act of 1985, as amended, is transmit- U.S.C. 159(a)); or ployee to use accrued compensatory time off ted by the President to the Congress: Pro- ‘‘(ii) in the case of an employee who is not in accordance with paragraph (9); or vided further, That the entire amount is des- represented by a labor organization that is ‘‘(III) requiring the employee to use the ignated by the Congress as an emergency re- recognized as provided for in section 9(a) of compensatory time off. quirement pursuant to section 251(b)(2)(A) of the National Labor Relations Act, an agree- ‘‘(ii) DEFINITION.—In clause (i), the term ment or understanding arrived at between such Act. ‘intimidate, threaten, or coerce’ has the the employer and employee before the per- meaning given the term in section 13A(d)(2). formance of the work involved if the agree- ‘‘(B) ELECTION OF OVERTIME COMPENSATION ASHCROFT AMENDMENT NO. 2080 ment or understanding was entered into OR COMPENSATORY TIME.—An agreement or Mr. ASHCROFT proposed an amend- knowingly and voluntarily by such employee understanding that is entered into by an em- ment to the bill, S. 1768, supra; as fol- and was not a condition of employment. ployee and employer under paragraph lows: ‘‘(B) The compensatory time off may only (3)(A)(ii) shall permit the employee to elect, be provided to an employee described in sub- for an applicable workweek— At the appropriate place, insert the follow- paragraph (A)(ii) if such employee has af- ‘‘(i) the payment of monetary overtime ing: firmed, in a written or otherwise verifiable compensation for the workweek; or ll TITLE —FAMILY FRIENDLY statement that is made, kept, and preserved ‘‘(ii) the accrual of compensatory time off WORKPLACE in accordance with section 11(c), that the in lieu of the payment of monetary overtime SEC. ll1. SHORT TITLE. employee has chosen to receive compen- compensation for the workweek.’’. This title may be cited as the ‘‘Family satory time off in lieu of monetary overtime (2) REMEDIES AND SANCTIONS.—Section 16 of Friendly Workplace Act’’. compensation. the Fair Labor Standards Act of 1938 (29 SEC. ll2. PURPOSES. ‘‘(C) An employee shall be eligible to ac- U.S.C. 216) is amended by adding at the end The purposes of this title are— crue compensatory time off if such employee the following: (1) to assist working people in the United has not accrued compensatory time off in ex- ‘‘(f)(1) In addition to any amount that an States; cess of the limit applicable to the employee (2) to balance the demands of workplaces prescribed by paragraph (4). employer is liable under subsection (b) for a with the needs of families; ‘‘(4) HOUR LIMIT.— violation of a provision of section 7, an em- (3) to provide such assistance and balance ‘‘(A) MAXIMUM HOURS.—An employee may ployer that violates section 7(r)(6)(A) shall such demands by allowing employers to offer accrue not more than 160 hours of compen- be liable to the employee affected in an compensatory time off, which employees satory time off. amount equal to— may voluntarily elect to receive, and to es- ‘‘(B) COMPENSATION DATE.—Not later than ‘‘(A) the product of— tablish biweekly work programs, in which January 31 of each calendar year, the em- ‘‘(i) the rate of compensation (determined employees may voluntarily participate; and ployer of the employee shall provide mone- in accordance with section 7(r)(8)(A)); and (4) to give private sector employees the tary compensation for any unused compen- ‘‘(ii)(I) the number of hours of compen- same benefits of compensatory time off, bi- satory time off accrued during the preceding satory time off involved in the violation that weekly work schedules, as have been enjoyed calendar year that was not used prior to De- was initially accrued by the employee; by Federal Government employees since 1978. cember 31 of the preceding calendar year at minus SEC. ll3. WORKPLACE FLEXIBILITY OPTIONS. the rate prescribed by paragraph (8). An em- ‘‘(II) the number of such hours used by the (a) COMPENSATORY TIME OFF.— ployer may designate and communicate to employee; and (1) IN GENERAL.—Section 7 of the Fair the employees of the employer a 12-month ‘‘(B) as liquidated damages, the product Labor Standards Act of 1938 (29 U.S.C. 207) is period other than the calendar year, in of— amended by adding at the end the following: which case the compensation shall be pro- ‘‘(i) such rate of compensation; and March 23, 1998 CONGRESSIONAL RECORD — SENATE S2445 ‘‘(ii) the number of hours of compensatory to participate in a program described in this (1)(A), by submitting a written notice of time off involved in the violation that was section. Participation in a program de- withdrawal to the employer of the employee. initially accrued by the employee. scribed in this section may not be a condi- ‘‘(d) PROHIBITION OF COERCION.— ‘‘(2) The employer shall be subject to such tion of employment. ‘‘(1) IN GENERAL.—An employer shall not liability in addition to any other remedy ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— directly or indirectly intimidate, threaten, available for such violation under this sec- In a case in which a valid collective bargain- or coerce, or attempt to intimidate, threat- tion or section 17, including a criminal pen- ing agreement exists, an employee may only en, or coerce, any employee for the purpose alty under subsection (a) and a civil penalty be required to participate in such a program of interfering with the rights of the em- under subsection (e).’’. in accordance with the agreement. ployee under this section to elect or not to (3) CALCULATIONS AND SPECIAL RULES.—Sec- ‘‘(b) BIWEEKLY WORK PROGRAMS.— elect to work a biweekly work schedule. tion 7(r) of the Fair Labor Standards Act of ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(B) 1938 (29 U.S.C. 207(r)), as added by paragraph 7, an employer may establish biweekly work ‘‘(2) DEFINITION.—In paragraph (1), the (1), is amended by adding at the end the fol- programs that allow the use of a biweekly term ‘intimidate, threaten, or coerce’ in- lowing: work schedule— cludes promising to confer or conferring any ‘‘(7) TERMINATION OF EMPLOYMENT.—An em- ‘‘(A) that consists of a basic work require- benefit (such as appointment, promotion, or ployee who has accrued compensatory time ment of not more than 80 hours, over a 2- compensation) or effecting or threatening to off authorized to be provided under para- week period; and effect any reprisal (such as deprivation of ap- graph (2) shall, upon the voluntary or invol- ‘‘(B) in which more than 40 hours of the pointment, promotion, or compensation). untary termination of employment, be paid work requirement may occur in a week of ‘‘(e) DEFINITIONS.—In this section: for the unused compensatory time off in ac- the period, except that no more than 10 ‘‘(1) BASIC WORK REQUIREMENT.—The term cordance with paragraph (8). hours may be shifted between the 2—weeks ‘basic work requirement’ means the number ‘‘(8) RATE OF COMPENSATION FOR COMPEN- involved. of hours, excluding overtime hours, that an SATORY TIME OFF.— ‘‘(2) CONDITIONS.—An employer may carry employee is required to work or is required ‘‘(A) GENERAL RULE.—If compensation is to out a biweekly work program described in to account for by leave or otherwise. be paid to an employee for accrued compen- paragraph (1) for employees only pursuant to ‘‘(2) COLLECTIVE BARGAINING.—The term satory time off, the compensation shall be the following: ‘collective bargaining’ means the perform- paid at a rate of compensation not less ‘‘(A) AGREEMENT OR UNDERSTANDING.—The ance of the mutual obligation of the rep- than— program may be carried out only in accord- resentative of an employer and the rep- ‘‘(i) the regular rate received by such em- ance with— resentative of employees of the employer ployee when the compensatory time off was ‘‘(i) applicable provisions of a collective that is recognized as provided for in section earned; or bargaining agreement between the employer 9(a) of the National Labor Relations Act (29 ‘‘(ii) the final regular rate received by such and the representative of the employees that U.S.C. 159(a)) to meet at reasonable times employee, is recognized as provided for in section 9(a) and to consult and bargain in a good-faith ef- of the National Labor Relations Act (29 whichever is higher. fort to reach agreement with respect to the U.S.C. 159(a)); or ‘‘(B) CONSIDERATION OF PAYMENT.—Any conditions of employment affecting such em- ‘‘(ii) in the case of an employee who is not payment owed to an employee under this ployees and to execute, if requested by either represented by a labor organization that is subsection for unused compensatory time off party, a written document incorporating any recognized as provided for in section 9(a) of shall be considered unpaid monetary over- collective bargaining agreement reached, but the National Labor Relations Act, an agree- time compensation. the obligation referred to in this paragraph ment or understanding arrived at between ‘‘(9) USE OF TIME.—An employee— shall not compel either party to agree to a the employer and employee before the per- ‘‘(A) who has accrued compensatory time proposal or to make a concession. formance of the work involved if the agree- off authorized to be provided under para- ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— ment or understanding was entered into graph (2); and The term ‘collective bargaining agreement’ knowingly and voluntarily by such employee means an agreement entered into as a result ‘‘(B) who has requested the use of the ac- and was not a condition of employment. crued compensatory time off, of collective bargaining. ‘‘(B) STATEMENT.—The program shall apply ‘‘(4) ELECTION.—The term ‘at the election shall be permitted by the employer of the to an employee described in subparagraph of’, used with respect to an employee, means employee to use the accrued compensatory (A)(ii) if such employee has affirmed, in a at the initiative of, and at the request of, the time off within a reasonable period after written or otherwise verifiable statement employee. making the request if the use of the accrued that is made, kept, and preserved in accord- ‘‘(5) EMPLOYEE.—The term ‘employee’ does compensatory time off does not unduly dis- ance with section 11(c), that the employee not include an employee of a public agency. rupt the operations of the employer. has chosen to participate in the program. ‘‘(6) EMPLOYER.—The term ‘employer’ does ‘‘(10) DEFINITIONS.—In this subsection— ‘‘(3) COMPENSATION FOR HOURS IN SCHED- not include a public agency. ‘‘(A) the terms ‘monetary overtime com- ULE.—Notwithstanding section 7, in the case ‘‘(7) OVERTIME HOURS.—The term ‘overtime pensation’ and ‘compensatory time off’ shall of an employee participating in such a bi- hours’— have the meanings given the terms ‘overtime weekly work program, the employee shall be ‘‘(A) when used with respect to biweekly compensation’ and ‘compensatory time’, re- compensated for each hour in such a bi- work programs under subsection (b), means spectively, by subsection (o)(7); and weekly work schedule at a rate not less than all hours worked in excess of the biweekly ‘‘(B) the term ‘unduly disrupt the oper- the regular rate at which the employee is work schedule involved or in excess of 80 ations of the employer’, used with respect to employed. hours in the 2-week period involved, that are the use of compensatory time off by an em- ‘‘(4) COMPUTATION OF OVERTIME.—All hours requested in advance by an employer; or ployee of the employer, means to create a worked by the employee in excess of such a ‘‘(B) when used with respect to flexible situation in which the absence of the em- biweekly work schedule or in excess of 80 credit hour programs under subsection (c), ployee during the time requested would like- hours in the 2-week period, that are re- means all hours worked in excess of 40 hours ly impose a burden on the business of the quested in advance by the employer, shall be in a week that are requested in advance by employer that would prevent the employer overtime hours. an employer, but does not include flexible from providing an acceptable quality or ‘‘(5) OVERTIME COMPENSATION PROVISION.— credit hours. quantity of goods or services during the time The employee shall be compensated for each ‘‘(8) REGULAR RATE.—The term ‘regular requested without the services of the em- such overtime hour at a rate not less than rate’ has the meaning given the term in sec- ployee.’’. one and one-half times the regular rate at tion 7(e).’’. (4) NOTICE TO EMPLOYEES.—Not later than which the employee is employed, in accord- (2) PROHIBITIONS.—Section 15(a)(3) of the 30 days after the date of enactment of this ance with section 7(a)(1), or receive compen- Fair Labor Standards Act of 1938 (29 U.S.C. Act, the Secretary of Labor shall revise the satory time off in accordance with section 215(a)(3)) is amended— materials the Secretary provides, under reg- 7(r) for each such overtime hour. (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; ulations contained in section 516.4 of title 29, ‘‘(6) DISCONTINUANCE OF PROGRAM OR WITH- (B) by adding ‘‘or’’ after the semicolon; and Code of Federal Regulations, to employers DRAWAL.— (C) by adding at the end the following: for purposes of a notice explaining the Fair ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- ‘‘(B) to violate any of the provisions of sec- Labor Standards Act of 1938 to employees so ployer that has established a biweekly work tion 13A;’’. that the notice reflects the amendments program under paragraph (1) may dis- (c) LIMITATIONS ON SALARY PRACTICES RE- made to the Act by this subsection. continue the program for employees de- LATING TO EXEMPT EMPLOYEES.— (b) BIWEEKLY WORK PROGRAMS.— scribed in paragraph (2)(A)(ii) after providing (1) IN GENERAL.—Section 13 of the Fair (1) IN GENERAL.—The Fair Labor Standards 30 days’ written notice to the employees who Labor Standards Act of 1938 (29 U.S.C. 213) is Act of 1938 is amended by inserting after sec- are subject to an agreement or understand- amended by adding at the end the following: tion 13 (29 U.S.C. 213) the following: ing described in paragraph (2)(A)(ii). ‘‘(m)(1)(A) In the case of a determination ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS. ‘‘(B) WITHDRAWAL.—An employee may of whether an employee is an exempt em- ‘‘(a) VOLUNTARY PARTICIPATION.— withdraw an agreement or understanding de- ployee described in subsection (a)(1), the fact ‘‘(1) IN GENERAL.—Except as provided in scribed in paragraph (2)(A)(ii) at the end of that the employee is subject to deductions in paragraph (2), no employee may be required any 2–week period described in paragraph pay for— S2446 CONGRESSIONAL RECORD — SENATE March 23, 1998 ‘‘(i) absences of the employee from employ- resolution of ratification for the pro- intended to be proposed by them to the ment of less than a full workday; or posed expansion of the North Atlantic resolution of ratification for the treaty ‘‘(ii) absences of the employee from em- Treaty Organization. (Treaty Doc. No. 105–36) supra; as fol- ployment of less than a full pay period, Last May, President Clinton publicly lows: shall not be considered in making such de- embraced the idea of a ‘‘new NATO’’ termination. mission. It is my concern that the In section 3(2)(A), strike ‘‘Prior’’ and insert ‘‘(B) In the case of a determination de- ‘‘Subject to subparagraph (C), prior’’. scribed in subparagraph (A), an actual reduc- President’s vision of a new NATO will In section 3(2)(B)(i), strike ‘‘Not’’ and in- tion in pay of the employee may be consid- signal the end of NATO as a defensive sert ‘‘Subject to subparagraph (C), not later ered in making the determination for that alliance and begin its role as a regional than 180 days after the date of adoption of employee. peacekeeping organization. The Presi- ‘‘(C) For the purposes of this paragraph, dent declared: this resolution, and not’’. the term ‘actual reduction in pay’ does not We are building a new NATO. It will re- At the end of section 3(2), add the following include any reduction in accrued paid leave, main the strongest alliance in history, with new subparagraph: or any other practice, that does not reduce smaller, more flexible forces, prepared to (C) RESOLUTION OF APPROVAL.— the amount of pay an employee receives for provide for our defense, but also trained for a pay period. peacekeeping. It will work closely with other (i) IN GENERAL.—Prior to the date of de- ‘‘(2) The payment of overtime compensa- nations that share our hopes and values and posit of the United States instrument of tion or other additions to the compensation interests through the Partnership for Peace. ratification, the Senate has adopted a resolu- of an employee employed on a salary based It will be an alliance directed no longer tion, by an affirmative vote of two-thirds of on hours worked shall not be considered in against a hostile bloc of nations, but instead the Senators present and voting, stating in determining if the employee is an exempt designed to advance the security of every de- substance the approval of the certification employee described in subsection (a)(1).’’. mocracy in Europe—NATO’s old members, under subparagraph (A), and the first report (2) EFFECTIVE DATE.—The amendment new members, and non-members alike. required to be submitted under subparagraph made by paragraph (1) shall take effect on I cannot support the President’s call (B). the date of enactment of this Act and shall (ii) PROCEDURES.—A resolution described in apply to any civil action— for a new NATO to be the de facto re- subparagraph (A)(ii) that is introduced on or (A) that involves an issue with respect to gional peacekeeper in Europe. Presi- after the date of certification under subpara- section 13(a)(1) of the Fair Labor Standards dent Clinton’s peacekeeping operation Act of 1938 (29 U.S.C. 213(a)(1)); and in Bosnia has been going on for more graph (A)(i) shall be considered in the Senate (B) in which a final judgment has not been than two years, without authorization in accordance with the provisions of section made prior to such date. 601(b) of the International Security Assist- from Congress, with costs mounting far ance and Arms Export Control Act of 1976. (d) PROTECTIONS FOR CLAIMS RELATING TO above every estimate, and with mission COMPENSATORY TIME OFF IN BANKRUPTCY end-dates repeatedly broken. The mis- Mr. CRAIG. Mr. President, today I PROCEEDINGS.—Section 507(a)(3) of title 11, United States Code, is amended— sion in Bosnia is now just what we were am filing an amendment to the resolu- (1) by striking ‘‘$4,000’’ and inserting promised it would not be: an unauthor- tion of ratification for the proposed ex- ‘‘$6,000’’; ized, open-ended, no end-date, nation pansion of the North Atlantic Treaty (2) by striking ‘‘for—’’ and inserting the building deployment with no with- Organization. following: ‘‘except that all accrued compen- drawal criteria. As the Senate begins debate about satory time (as defined in section 7 of the In 1995, President Clinton vowed that expansion, I think it is fair to say that Fair Labor Standards Act of 1938 (29 U.S.C. the U.S. troop deployed to Bosnia 207)) shall be deemed to have been earned ‘‘should and will take about one year.’’ most Senators—whether they favor, within 90 days before the date of the filing of Three years, and $8 billion later, the oppose, or are undecided about the pro- the petition or the date of the cessation of posed treaty revision—can all agree the debtor’s business, whichever occurs first, Administration now admits ‘‘we do not propose a fixed end date for the deploy- that the issue of cost to the U.S. tax- for—’’; and payer is of great concern. Unfortu- (3) in subparagraph (A), by inserting before ment.’’ Will the expansion of NATO be the semicolon the following: ‘‘or the value of a green light for other unauthorized, nately, these costs are yet to be deter- unused, accrued compensatory time (as de- open-ended, and cost missions for the mined. The Administration claims the fined in section 7 of the Fair Labor Stand- U.S.? NATO expansion bill for the U.S. will ards Act of 1938 (29 U.S.C. 207))’’. Today I am filing an amendment be approximately $1 billion. On the SEC. ll4. TERMINATION. which provides that before the Presi- other hand, the Congressional Budget The authority provided by this title, and dent can deposit the instruments of Office contends it will cost taxpayers the amendments made by this title, termi- ratification for NATO expansion he $125 billion. Given the enormous dis- nates 5 years after the date of enactment of this Act. must receive authorization for the Bos- crepancy between the estimates, it only makes sense that we know what f nia mission. Let me be clear on one point: this is NOT a ‘‘war power’’ actual costs will be before we make an PROTOCOLS TO THE NORTH AT- amendment. This does not say he can- irrevocable decision to enlarge NATO. LANTIC TREATY OF 1949 ON AC- not continue the deployment in Bosnia I would like to commend the Foreign CESSION OF POLAND, HUNGARY, without authorization, nor does it cut Relations Committee for their fine AND CZECH REPUBLIC off funds for that mission, nor does it work in crafting language detailing set an end-date for that mission, nor American cost obligations to NATO. does it establish withdrawal criteria. It However, there seems to be one prob- CRAIG EXECUTIVE AMENDMENT does, however, require the President to lem: all of this cost related informa- NO. 2081 cooperate with Congress to set reason- tion will be made available to Congress (Ordered to lie on the table.) able parameters for that mission before only after the Senate’s advice and con- Mr. CRAIG submitted an amendment he gets a blank check—like a ‘‘new sent to expansion is final and irrev- intended to be proposed by him to the NATO ’’—for more just out of area, out ocable. That means if the information resolution of ratification for the treaty of Article 5 missions. (Treaty Doc. No. 105–36) supra; as fol- Membership in NATO is a commit- is not satisfactory to the Senate, we lows: ment of U.S. blood. This is a respon- will have no recourse. At the appropriate place in section 3 of the sibility that I do not take lightly. For The amendment I am filing simply resolution, insert the following: the sake of our men and women serving provides that the Congress has the full- ( ) STATUTORY AUTHORIZATION FOR DEPLOY- in this dangerous and volatile region, est possible information as to what we MENTS IN BOSNIA AND HERZEGVIAN.—Prior to the mission in Bosnia ought to be au- will pay for, before we commit to the the deposit of the United States instrument thorized by Congress. of ratification, there must be enacted a law United States to this tremendous polit- containing specific authorization for the ical and economic decision by requir- continued deployment of the United States CRAIG (AND HUTCHISON) ing a Senate vote of approval related to Armed Forces in Bosnia and Herzegovina as EXECUTIVE AMENDMENT NO. 2082 cost, benefits, burden-sharing, and part of the NATO mission in that country. (Ordered to lie on the table.) military implications of NATO en- Mr. CRAIG. Mr. President, today I Mr. CRAIG (for himself and Mrs. largement prior to the President depos- am filing an amendment related to the HUTCHISON) submitted an amendment iting the instruments of ratification. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2447 1998 EMERGENCY SUPPLEMENTAL against an expanded mission, the President (b) EXCEPTIONS—The prohibition con- APPROPRIATIONS ACT FOR RE- announced on December 19, 1997 that estab- tained in subsection (a) shall not apply— COVERY FROM NATURAL DISAS- lishing a deadline had been a mistake and (1) with respect to the deployment of United States Armed Forces after January 1, TERS AND FOR OVERSEAS that U.S. ground combat forces were com- mitted to the NATO-led mission in Bosnia 1999, but not later than May 1, 1999, for the PEACEKEEPING EFFORTS for the indefinite future; express purpose of ensuring the safe and (8) NATO military forces have increased timely withdrawal of such Armed Forces their participation in law enforcement ac- from the Republic of Bosnia and HUTCHISON AMENDMENT NO. 2083 tivities in Bosnia aimed at capturing alleged Herzegovina; or (Ordered to lie on the table.) war criminals. (2)(A) if the President transmits to the (9) U.S. Commanders of NATO have stated Congress a report containing a request for an Mrs. HUTCHISON submitted an extension of deployment of United States amendment intended to be proposed by on several occasions that, in accordance with the Dayton Peace Accords, the principal re- Armed Forces for an additional 180 days her to the bill, S. 1768, supra; as fol- sponsibility for apprehending war criminals after the date otherwise applicable under lows: lies with the Bosnian parties themselves. subsection (a); and At the end of the bill, insert the following (10) The Secretary of Defense has affirmed (B) if a joint resolution is enacted, in ac- title: this understanding on several occasions, in- cordance with section 4, specifically approv- ing such request. TITLE —UNITED STATES ARMED cluding on March 3, 1997, when he stated that SEC. 5. SENSE OF THE CONGRESS REGARDING FORCES IN BOSNIA WITHDRAWAL ‘‘[t]he apprehension of war criminals is not a part of the mission . . . It is a police THE USE OF DEPARTMENT OF DE- SECTION 1. SHORT TITLE. function . . . it is not a military-type mis- FENSE FUNDS OR OTHER FEDERAL This title may be cited as the ‘United DEPARTMENT OR AGENCY FUNDS sion. FOR LAW ENFORCEMENT OR RELAT- States Armed Forces in Bosnia Withdrawal (b) DECLARATIONS OF POLICY—The Act of 1998’. ED ACTIVITIES IN THE TERRITORY Congress— OF THE REPUBLIC OF BOSNIA AND SEC. 2. FINDINGS AND DECLARATIONS OF POL- (1) expresses its serious concerns and oppo- HERZEGOVINA. ICY. sition to the policy of the President that has It is the sense of Congress that U.S. policy (a) FINDINGS.—The Congress finds the fol- resulted in the open-ended deployment of in Bosnia, as that relates to the use of our lowing: United States Armed Forces on the ground forces as a part of the NATO force, should (1)(A) On November 27, 1995, the President in the Republic of Bosnia Herzegovina with- not be changed to include a NATO military affirmed that United States participation in out prior authorization by the Congress; and mission to hunt down and arrest alleged war the multinational military Implementation (2) urges the President to work with our criminals and that there should be no change Force in the Republic of Bosnia and European allies to begin an orderly transi- to U.S. or NATO policy regarding alleged Herzegovina would terminate in one year. tion of all peacekeeping functions in the Re- war criminals until the Congress has had the (B) The President declared the expiration public of Bosnia and Herzegovina from the opportunity to review any proposed change date of the mandate for the Implementation United States to appropriate European coun- in policy and authorize the expenditure of Force to be December 20, 1996. tries in preparation for a withdrawal of funds for this mission. (2) The Secretary of Defense and the Chair- United States Armed Forces ground combat It is the Sense of the Congress that none of man of the Joint Chiefs of Staff likewise ex- troops by January 1, 1999. the funds appropriated or otherwise avail- pressed their confidence that the Implemen- (3) identifies the following conditions that able to the Department of Defense or to any tation Force would complete its mission in should be satisfied as a minimum to create other Federal department or agency may be one year. the environment in which such an orderly obligated or expended after the date of the (3) The Secretary of Defense and the Chair- transition can take place: enactment of this Act for the following: man of the Joint Chiefs of Staff further ex- (i) The original parties to the Dayton Ac- (1) Conduct of, or direct support for, law pressed the critical importance of establish- cords should be reconvened so that progress enforcement activities in the Republic of ing a firm deadline, in the absence of which towards full implementation can be Bosnia and Herzegovina, except for the train- there is a potential for expansion of the mis- ascertained and modifications as necessary ing of law enforcement personnel or to pre- sion of U.S. forces; be made; vent imminent loss of life. (3) The exemplary performance of United (ii) The process of establishing defensible (2) Conduct of, or support for, any activity States Armed Forces personnel has signifi- sectors in Bosnia and Herzegovina that was in the Republic of Bosnia and Herzegovina cantly contributed to the accomplishment of started in the Dayton Peace Accords should that may have the effect of jeopardizing the the military mission of the Implementation be accelerated; primary mission of the NATO-led force in Force. The courage, dedication, and profes- (iii) Establishment of a Combined Joint preventing armed conflict between the Fed- sionalism of such personnel have permitted a Task Force (CJTF) in accordance with the eration of Bosnia and Herzegovina and the separation of the belligerent parties to the President’s Partnership for Peace initiative. Republika Srpska (‘Bosnian Entities’). conflict in the Republic of Bosnia and The CJTF should be under American com- (3) Transfer of refugees within the Republic Herzegovina and have resulted in a signifi- mand but to be turned over to allied com- of Bosnia and Herzegovina that, in the opin- cant mitigation of the violence and suffering mand within 90 days; ion of the commander of NATO Forces in- in the Republic of Bosnia and Herzegovina. (iv) Establishment of a civilian led/oper- volved in such transfer— (A) has as one of its purposes the acquisi- (4) On October 3, 1996, the Chairman of the ated police training task force, including the tion of control by a Bosnian Entity of terri- Joint Chiefs of Staff announced the inten- establishment of a police training academy tory allocated to the other Bosnian Entity tion of the United States Administration to capable of graduating 500 police every quar- ter. This force will have ultimate respon- under the Dayton Peace Agreement; or delay the removal of United States Armed (B) may expose United States Armed sibility for maintaining peace and order, as Forces personnel from the Republic of Bos- Forces to substantial risk to their personal nia and Herzegovina until March 1997. envisioned by the Dayton Accords; (v) The United States should advise its al- safety. (5) Notwithstanding the fact that the (4) Implementation of any decision to lies in the NATO-led peacekeeping force in President, the Secretary of Defense, and the change the legal status of any territory Bosnia that no U.S. ground forces shall be Chairman of the Joint Chiefs of Staff assured within the Republic of Bosnia and deployed to the province of Kosovo should the Congress of their resolve to end the mis- Herzegovina unless expressly agreed to by all sion of United States Armed Forces in the the conflict there escalate; signatories to the Dayton Peace Agreement. (vi) Cessation of U.S. military involvement Republic of Bosnia and Herzegovina by De- f cember 20, 1996, in November 1996 the Presi- in local broadcast and print media oper- dent announced his intention to further ex- ations. NOTICE OF HEARINGS tend the deployment of United States Armed SEC. 3. SENSE OF THE CONGRESS REGARDING COMMITTEE ON LABOR AND HUMAN RESOURCES Forces in the Republic of Bosnia and THE USE OF DEPARTMENT OF DE- Herzegovina until June 1998. FENSE FUNDS OR OTHER FEDERAL Mr. JEFFORDS. Mr. President, I DEPARTMENT OR AGENCY FUNDS would like to announce for the infor- (6) Before the announcement of the new FOR CONTINUED DEPLOYMENT ON policy referred to in paragraph (5), the Presi- THE GROUND OF ARMED FORCES IN mation of the Senate and the public dent did not request authorization by the THE TERRITORY OF THE REPUBLIC that a hearing of the Senate Commit- Congress of a policy that would result in the OF BOSNIA AND HERZEGOVINA. tee on Labor and Human Resources further deployment of United States Armed (a) PROHIBITION—It is the Sense of the will be held on Tuesday, March 24, 1998, Forces in the Republic of Bosnia and Congress that none of the funds appropriated 10:00 a.m., in SD–430 of the Senate Herzegovina until June 1998. or otherwise available to the Department of Dirksen Building. The subject of the (7) Notwithstanding the passage of two pre- Defense or to any other Federal department viously established deadlines, the reaffirma- or agency may be obligated or expended for hearing is Health Care Quality. tion of those deadlines by senior national se- the deployment on the ground of United COMMITTEE ON ENERGY AND NATURAL curity officials, and the endorsement by States Armed Forces in the territory of the RESOURCES those same national security officials of the Republic of Bosnia and Herzegovina after Mr. CRAIG. Mr. president, I would importance of having a deadline as a hedge January 1, 1999. like to announce for the information of S2448 CONGRESSIONAL RECORD — SENATE March 23, 1998 the Senate that the hearing scheduled arid, and dry sub-humid land. The Con- students learn to manage). The school before the Subcommittee on Forests vention addresses the fundamental runs 12 months a year, and 10 and one- and Public Land Management will also causes of famine and food insecurity in half hours a day. The youngsters en- include S. 1807, a bill to transfer ad- Africa by encouraging partnerships be- rolled are turning their lives around; ministrative jurisdiction over certain tween governments, local commu- they are beating the odds. parcels of public domain land in Lake nities, nongovernmental organizations Adlai E. Stevenson once remarked of County, OR, to facilitate management and aid donors. Eleanor Roosevelt that she ‘‘would of the land, and for other purposes. As Ranking Member on the Sub- rather light candles than curse the The hearing will take place Wednes- committee on African Affairs, I feel it darkness.’’ So it seems with David day, March 25, 1998, at 2:00 p.m. in room is especially important that the Senate Domenici and James Forman, Jr. SD–366 of the Dirksen Senate Office exercise its advice and consent on this (whose father was active in the civil Building in Washington, DC. Convention. It is a mechanism by rights movement a generation ago). Of Those who wish to submit written which the people of Africa will be as- course, knowing David’s father—the statements should write to the Com- sisted in preserving and protecting senior Senator from New Mexico—it is mittee on Energy and Natural Re- their land, which is a vital link in Afri- not surprising at all that David should sources, U.S. Senate, Washington, D.C. ca’s fight to become self-sufficient. As dedicate his life to helping those less 20510. Americans, we understand the impor- fortunate. f tance of land and what land can bring Mr. President, throughout the course us: food, a place to live, and, perhaps of our nation’s history, we have seen ADDITIONAL STATEMENTS most importantly, a place to call the shift from labor to capital—in agri- home. Whatever their political dif- culture, in manufacturing, etc. But there is one enterprise that remains NATIONAL RECOGNITION FOR PRO- ferences, the people of Africa can agree that protecting the land from drought stubbornly labor-intensive, if we are to GRAMS IN RURAL MEDICINE AT do it properly. And that enterprise is EAST TENNESSEE STATE UNI- and erosion is a priority. The consideration of this Convention raising our children, especially those VERSITY will also refocus the Senate’s attention who are socially and economically dis- ∑ Mr. FRIST. Mr. President, both East on the plight of the African people. Un- advantaged. David Domenici and Tennessee State University’s (ETSU) like the other environmental conven- James Forman, Jr. understand. The College of Nursing and the James Quil- tions on which the Senate has focused student-teacher ratio at See Forever is len College of Medicine are featured in attention in recent years, the Conven- 5–1, and more than sixty volunteers the ‘‘1998 Best Graduate Schools,’’ pub- tion on Climate Change and Biological help tutor the twenty or so students. lished by U.S. News and World Report. Diversity, the Convention on Two years ago, I published a book on This national recognition was given be- Desertification does not establish a social policy, ‘‘Miles to Go.’’ I ended cause of their excellent reputation for new financial ‘‘mechanism’’ to admin- that book by saying, providing a variety of programs and ister funds for convention-related Even were governments specifically quali- specialty offerings. projects and activities. Instead, it em- fied for such work, which is to say the res- According to the guide, the Quillen phasizes the need to mobilize substan- toration of individual character and moral instruction in everyday life, the national College of Medicine is ranked sixth in tial funding from existing sources and the nation for its programs in rural government has entered a time of chronic, to rationalize and strengthen their even disabling fiscal stricture. . . It is a time medicine. The ETSU College of Nursing management. for small platoons; a time possibly to be wel- is ranked 26th among the nation’s more In light of the President’s visit to Af- comed for such can move quickly, and there than 300 graduate schools offering the rica, which began today, it is especially are miles to go. family nurse practitioner program, important that the Senate be actively David Domenici and James Forman, which is part of the university’s master engaged regarding Africa. This Conven- Jr. have formed one such ‘‘small pla- of science in nursing curriculum. The tion is a perfect opportunity for the toon’’ and we—and the lives of those rankings were determined based on a Senate to go on record in support of whom they touch—are lucky for it. reputation survey that was sent to aca- programs that are both vital to the Af- I ask that the article, ‘‘A New Way to demic deans and senior faculty mem- rican continent and consistent with See the Future,’’ be printed in the bers at medical and nursing schools United States foreign, economic, and RECORD. across the country. These programs are environmental policy. The article follows: to be commended for providing high I hope that the Senate Committee on [From the Washington Post, Mar. 23, 1998] quality education and for their efforts Foreign Relations, and the full Senate, A NEW WAY TO SEE THE FUTURE—SCHOOL to meet the health care needs in rural will consider this Convention in the WITH HIGH-POWERED BACKERS AIMS TO areas. near future.∑ HELP TROUBLED D.C. TEENS As a physician, I know that programs f (By Peter Slevin) in rural medicine are necessary and Sherti Hendrix was 15 years old and headed vital in meeting the health care needs DAVID DOMENICI AND JAMES nowhere but down. School was lousy and the of those who otherwise would not have FORMAN, JR: LIGHTING CANDLES rest of the day seemed worse. After she was access to care. Mr. President, it is pro- ∑ Mr. MOYNIHAN. Mr. President, jailed overnight in the District for fighting there is an article in the Metro section with a teacher, nothing ahead or behind her grams like these that promote and en- looked good. courage an interest in rural medicine of today’s Washington Post, ‘‘A New The same was true for Jerome Green. for young people entering the medical Way to See the Future,’’ about a small Kicked out of one New York school at age 14 profession today.∑ school which is going about the dif- for what he called ‘‘cussing teachers . . . and f ficult business of reclaiming young fighting,’’ he blew another opportunity by people here in the District of Colum- getting arrested in Washington, accused of U.N. CONVENTION TO COMBAT bia. The school, which is called See street fighting. DESERTIFICATION Forever, was started by two lawyers, Both teenagers are now on a different track. Both got another chance to do things ∑ Mr. FEINGOLD. Mr. President, I rise David Domenici and James Forman, right. Both say an innovative school pro- today to urge the Senate to exercise its Jr. See Forever—on its way to becom- gram run by a pair of fired-up young District role to advise and consent on inter- ing a charter school—only enrolls lawyers is helping them believe in them- national treaties and take up consider- those students who have become ‘‘en- selves and in a future no longer entirely ation of the United Nations Convention tangled’’ in the D.C. court system. The bleak. to Combat Desertification, which the regime consists of a regimented sched- The school is called See Forever. Not yet President submitted to this body in ule, strict discipline, core classes and one year old, it serves about 20 students in a row house on a tattered block of Sixth 1996. electives, participation in a school-run Street NW. Amid modest beginnings, See The purpose of the Convention is to catering service, and paid internships Forever’s dreams are big and its backers in- combat desertification and mitigate (the money from which is put into Mer- clude some of the best-known faces in Wash- the effects of drought on arid, semi- rill Lynch investment funds, which the ington. March 23, 1998 CONGRESSIONAL RECORD — SENATE S2449 The two lawyers are David Domenici, 33, English, social studies and computer. Elec- thor, poet, playwright, and actress. To- son of Sen. Pete V. Domenici (R–N.M.), and tives have included a layman’s law class gether with her husband, Emmett E. James Forman Jr., 30, namesake of the civil taught by two Pentagon lawyers, an art class Robinson Jr., and fellow actress Doro- rights activist who presented the 1969 ‘‘Black led by Domenici’s sister Helen, and classes in thy D’Anna, she ran the Footlight Economic Manifesto,’’ demanding $500 mil- jazz appreciation and public speaking. lion in reparations from white churches and All students do internships part of the Players, Charleston’s community thea- synagogues. year. The school requires that they be paid ter group, for almost three decades. In Domenici and Forman, who have run study $130 a week, and the money goes into bank addition to acting in many of the Play- and work programs for youngsters in trouble accounts and Merrill Lynch investment ers’ productions, Mrs. Robinson helped before, believe too many adolescents are funds that they learn to manage. Each stu- raise money and organized publicity written off early by a D.C. juvenile justice dent also works in a moneymaking catering for their events. system that seems forever short on solu- service called Untouchable Taste, run by the Patricia Robinson was a woman of tions. school. many talents, and her interests encom- ‘‘We’re trying to get kids into the game. A guiding principle is that job skills and They’ve been locked out. They’re not play- schoolwork are connected. See Forever aims passed all the arts. She once won first ers,’’ Forman said. ‘‘They need discipline. to be broader than either a conventional place in the Poetry Society of South They need high standards. They need jobs. school or a vocational school by combining Carolina spring forum. In addition to One of our goals is to change the vision of the best elements of each. If the skills are her poems, she wrote or co-authored where they can go.’’ useful, the reasoning goes, jobs will be avail- seven novels. She also wrote for the It’s not just another struggling D.C. pro- able and the students will stay motivated. Charleston News and Courier and The gram for delinquent youths. ‘‘Schools dump kids with behavioral prob- The idea for the school was hatched by Charleston Evening Post. lems, learning problems, those who’ve been Mrs. Robinson set many of her sto- Deputy Attorney General Eric H. Holder Jr., locked up,’’ said Forman, a Yale Law School a former U.S. attorney for the District, and graduate on leave from the D.C. Public De- ries in Charleston and portrayed the Holder’s friend Reid Weingarten, one of fender Service. ‘‘D.C. taxpayers are spending city with a fine eye for detail and much Washington’s most prominent white-collar money that is being wasted on programs love. Surprisingly, she was not a native criminal defense lawyers. The first fund-rais- that aren’t working.’’ Southerner. She was born and reared in er was sponsored by then-Commerce Sec- Judges and advocates alike acknowledge Pittsburgh, but moved to Charleston in retary Ron Brown before his death in an that options are painfully limited for chil- 1944. Nonetheless, she loved the city as April 1996 plane crash. dren in the District’s court system. D.C. ardently as its longest residents and al- Another fund-raiser—a $100-a-plate gather- delinquents are offered few broad services ing March 10—drew poet Maya Angelou and a close to home. Some are sent to distant ways exhibited a great passion for its constellation of D.C. power players, includ- states in search of programs that work at architecture, history, and people. ing Health and Human Services Secretary costs that exceed $100,000 a year per child. Charlestonians reciprocated by em- Donna E. Shalala, White House Chief of Staff Some of Washington’s most violent teen- bracing her as a neighbor and honorary Erskine B. Bowles, former U.S. Senator Rob- agers, and many who are not, end up at the native daughter. ert J. Dole and a half-dozen senators. city’s Oak Hill Youth Center, a widely per- With the passing of Patricia Colbert See Forever has a $500,000 budget this year ceived failure that has operated under court and plans to spend $2 million in coming Robinson, Charleston has lost one of supervision since 1986. In November, Depart- its most beloved literary and artistic years to expand the school to 100 children, ment of Human Services Director Jearline including space for 20 boarders. In Septem- Williams and the D.C. financial control figures. The people of Charleston have ber, it will become a D.C. charter school— board declared a state of emergency at Oak lost a beloved friend who entertained The Maya Angelou Public Charter School— Hill because of poor conditions. them on the stage and on paper, and which will mean an allocation of $6,000 in See Forever, with room for only about 20 who reminded them in beautiful prose D.C. tax money per student and the author- students, can serve only a fraction of the of the rich history and beauty of their ity to award high school diplomas. needs of a city where supervision or jail beds city. She will be much missed.∑ One D.C. Superior Court judge, who asked were required for 3,800 youths in 1996. The not to be identified, calls See Forever ‘‘the goal is to set a tone, create a model. As f only program I have complete faith in.’’ Holder said, ‘‘If it works, maybe it can be Such words are high praise for a largely un- copied.’’ tested program, but students echo the senti- Angelou, taking the stage at the March 10 ORDER FOR PRINTING OF SENATE ment. fund-raiser, told the students of her own life. DOCUMENTS ‘‘These streets are only going to lead you ‘‘Somebody would’ve looked at me as an il- to getting locked up. Or you’ll probably die,’’ Mr. ASHCROFT. Mr. President, I ask literate or semiliterate black girl on the dirt unanimous consent that the following Sherti, now 16, said. ‘‘Today, I’m not all the roads of Arkansas and said, ‘Never!’ ’’ way all right, but I’ll be all right for the fu- Angelou said, adding ebulliently, ‘‘Look at Senate documents be printed in the ture. I know what I’m capable of doing.’’ me now!’’ usual number: Senate Document 99–33, For that, Sherti credits the adults at See She sang a Negro spiritual, ‘‘Don’t You Let Senate Document 98–29, and Senate Forever, where the student-teacher ratio is 5 Nobody Turn You Around,’’ and told stu- Document 97–20. to 1 and more than 60 volunteers come each dents, ‘‘Keep on walking, keep on talking, The PRESIDING OFFICER. Without week to tutor the teenagers individually. keep on learning, keep on burning, keep on objection, it is so ordered. The 12-month school calendar and 101⁄2-hour laughing.’’ day are not for the faint of heart, and some Jerome is feeling good about things. In an students drop out early. f essay, he recalled how difficult his work at The school is open only to students who See Forever seemed at first. He said he got have been entangled in the D.C. court sys- mad and sometimes skipped his schoolwork. ORDERS FOR TUESDAY, MARCH 24, tem, but the seriousness of their situations But then he made a discovery: He could do 1998 varies. What gets each teenager in the door it. at See Forever, after interviews and rec- Mr. ASHCROFT. Mr. President, I ask ‘‘Now that I have finally made a change, I ommendations, is that school’s assessment unanimous consent that when the Sen- want to look back on everyone who told me that the youngster can be saved. ate completes its business today, it I was stupid or dumb,’’ Jerome said. ‘‘I want Twenty percent of the students, Forman to see if they are still on the street selling stand in adjournment until 9:30 a.m. on estimates, were ‘‘factually and legally inno- drugs. I want to ask them. ‘Who’s dumb Tuesday, March 24, and immediately cent,’’ and the cases were dropped. An addi- now?’ ’’∑ following the prayer the routine re- tional 50 percent were picked up for crimes quests through the morning hour be such as joy riding, fighting or theft. The re- f granted, and the Senate resume consid- maining 30 percent faced more serious IN MEMORY OF PATRICIA charges, including armed robbery. eration of S. 1768, the emergency sup- In a typical tightly structured day, the COLBERT ROBINSON plemental appropriations bill. teenagers are kept occupied from 9:30 a.m. ∑ Mr. HOLLINGS. Mr. President, today The PRESIDING OFFICER. Without until 8 p.m. They eat two meals a day cooked I would like to mourn the passing of a objection, it is so ordered. by other students in a catering kitchen. great woman and pay tribute to her Mr. ASHCROFT. I further ask unani- Each student gets lots of individual atten- legacy. On March 11, one of the leading mous consent that from 12:30 p.m. to tion and is tutored every night. Some stay until 11 p.m. because they prefer the place to lights of the Charleston theater com- 2:15 p.m. the Senate stand in recess for home. munity, Patricia Colbert Robinson, the weekly policy luncheons to meet. Study subjects are broken into five 80- was extinguished. Mrs. Robinson was a The PRESIDING OFFICER. Without minute classes. Core subjects are math, well-known and beloved Charleston au- objection, it is so ordered. S2450 CONGRESSIONAL RECORD — SENATE March 23, 1998 PROGRAM ond cloture vote is scheduled to occur may consider any executive or legisla- on the Coverdell A+ bill on Tuesday at tive items cleared for action. Mr. ASHCROFT. Mr. President, to- 5:30 p.m. if an agreement cannot be morrow the Senate will resume consid- reached in the meantime. In addition, f eration of the emergency supplemental as under the previous consent, all sec- ADJOURNMENT UNTIL 9:30 A.M. appropriations bill with the hope of ond-degree amendments must be filed TOMORROW concluding action on the bill during by 4:30 p.m. Tuesday’s session. Subsequently, Members can antici- Mr. ASHCROFT. If there is no fur- As a reminder to all Members, a sec- pate a great deal of action on the sup- ther business to come before the Sen- ond cloture vote on H.R. 2646, the plemental appropriations bill tomor- ate, I now ask unanimous consent that Coverdell A+ education bill, was post- row as the Senate works through the Senate stand in adjournment under poned last Friday to occur on Tuesday, amendments to the legislation. Also, it the previous order. March 24, at 5:30 p.m. in an effort to is hoped progress will be made on the There being no objection, the Senate, work out an agreement for an orderly Coverdell education bill during Tues- at 7:15 p.m. adjourned until Tuesday, handling of the bill. Therefore, a sec- day’s session. In addition, the Senate March 24, 1998, at 9:30 a.m. March 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E437 EXTENSIONS OF REMARKS

CELEBRATING THE 10TH ANNIVER- TIME TO PAY OUR U.N. DUES U.S. can work cooperatively with other SARY OF THE MEMORIAL countries to address issues that no single BREAST CENTER country can address alone—such as preserv- HON. LEE H. HAMILTON ing international security, advancing human OF INDIANA rights, containing the spread of infectious HON. STEPHEN HORN IN THE HOUSE OF REPRESENTATIVES diseases, caring for refugees, prosecuting war Monday, March 23, 1998 crimes, protecting the global environment, OF CALIFORNIA and promoting international development. Mr. HAMILTON. Mr. Speaker, it is time to The U.N. provides the U.S. with an essential IN THE HOUSE OF REPRESENTATIVES pay the dues that we owe to the United Na- burden-sharing mechanism, whereby U.S. tions. taxpayers do not have to pay the entire cost Monday, March 23, 1998 A number of us have worked hard to try to of addressing global problems. get needed reforms in the United Nations. Our country and the world community Mr. HORN. Mr. Speaker, I commend the need your leadership now. The U.S. govern- Memorial Breast Center which is located in Those efforts are being undercut by our con- ment must meet its legal obligation to the tinued failure to pay our past bills. We are Long Beach, California, upon its 10th Anniver- U.N. The cost of further delay could be sig- alienating our allies and eroding our ability to sary on March 30th. In its short history, this nificant—both for the achievement of U.S. lead in the world by our refusal to pay our foreign policy goals and for the future of center has already achieved national acclaim. debts. international cooperation. If you lead, the It was named by Self Magazine in October, I ask permission to include in the RECORD a public will support you, and Congress will 1997, as one of the ten best breast centers in letter from a wide variety of organizations call- follow. the United States. ing on Congress to take action to pay the Africa Faith and Justice Network, Amer- ican Baptist Churches USA, National Min- The center offers comprehensive and co- United Nations what we owe that organization. istries, Americans for Democratic Action, ordinated care to every woman, emphasizing March 1998. American Friends Service Committee, Cam- DEAR MEMBERS OF CONGRESS: We, the un- early and accurate diagnosis. Every mammo- paign for American Leadership Abroad dersigned organizations, urge you to work (COLEAD), Campaign for UN Reform, Church gram is read by two specially trained radiolo- actively with your colleagues and the Ad- of the Brethren, Washington Office, Church gists. That is a rare service. Informed patients ministration to insure that the United Women United, Columban Fathers’ Justice participate in their treatment options. The mul- States government meets its legally binding and Peace Office, Demilitarization for De- tidisciplinary approach features the latest tech- financial obligations to the United Nations mocracy, Friends Committee on National in full this spring. It is time for Congress to nology along with a well trained and caring Legislation, Fund for New Priorities in affirmatively settle the issue of U.S. arrears. America, International Religious Liberty staff. During 1998, the center will perform its Public opinion polls consistently find that Association, The League of Women Voters of 200,000th imaging examination. a large majority of Americans supports both the United States, The Lutheran Office for the U.N. and a strong, continuing role for the At the 10th Anniversary Celebration several Governmental Affairs, Evangelical Lutheran U.S. in the U.N. Recently, 83% indicated that Church in America, Maryknoll Justice and members of the past and present professional strengthening the U.N. should be a priority Peace Office, Methodists United for Peace staff will be honored for the devotion of their for the U.S. (Pew Research, 1997). We, the or- With Justice, Mennonite Central Committee, talents and energies in building the Breast ganizations listed below, with hundreds of National Audubon Society Population and Center. Internationally noted radiologist Lazlo thousands of members, constituents, and Habitat Campaign, National Council of the congregations across the country, represent Tabar, M.D., will receive a special recognition Churches of Christ in the USA, and National a significant portion of this broad, bipartisan Spiritual Assembly of the Baha’is of the award that evening. Dr. John S. Link, M.D., consensus. United States. the Medical Director of the center, will receive The payment of U.S. arrears to the U.N. is Peace Action, Planned Parenthood Federa- a special contribution award, along with others currently being blocked by an unrelated, tion of America, Presbyterian Church (USA), who have been essential to the success of the highly controversial issue which has been Psychologists for Social Responsibility, Re- linked to passage of the U.N. arrears supple- center: Cathy Coleman, RN, OCN; Arthur B. ligious Action Center of Reform Judaism, mental appropriations request (proposed re- Union of American Hebrew Congregations, Diamond, M.D.; Eldon B. Hickman, M.D.; Julio strictions on the activities of private vol- 20/20 Vision, Union of Concerned Scientists, A. Ibarra, M.D.; Cary S. Kaufman, M.D.; Clau- untary organizations that administer inter- Unitarian Universalist Association of Con- dia Z. Lee, MBA; Gainer S. Pillsbury, M.D.; national family planning programs). An im- gregations, United Church of Christ, Office of Lowell W. Rogers, M.D.; Susan Roux, M.D.; passe has resulted from the continuing polit- Church in Society, United Methodist Church, ical stalemate over this unrelated issue. Wendy Schain, Ed.D.; A.M. Nisar Syed, M.D.; Women’s Division, United Nations Associa- We urge you to call upon the congressional tion, National Capital Area, United Nations James H. Wells, M.D.; and Robert G. Wells, leadership to separate these two unrelated Association-USA, Veterans for Peace, Wash- M.D. These individuals represent radiology, issues before more damage is done to the ington Office on Latin America, Women pathology, surgery, medical oncology, nursing, credibility of the U.S. government in world Strike for Peace, Women’s Action for New and psychological and social services. They affairs. Just as Congress would not allow an Directions (WAND), Women’s Institute for unrelated, controversial political issue to are well deserving of this recognition for the Freedom of the Press, World Federalist Asso- block government payments on the public ciation, and World Learning. outstanding center which they have helped to debt, so Congress should not allow this issue build. We are very fortunate to have this facil- to block the fulfillment of the U.S. obliga- f tion to the U.N. In either case, the credibil- ity in California. It serves not only Long Beach, SUPPORT GROWS FOR CREDIT but the entire Southern California region. ity and trust in the U.S. Government would be at risk. Such is the case now for the U.S. UNIONS Mr. Speaker, breast cancer is a major in world affairs. scourge of this nation. Congress has provided We are deeply concerned that the U.S. gov- HON. PAUL E. KANJORSKI ernment’s failure to pay its U.N. dues has al- billions of dollars for needed research in the OF PENNSYLVANIA ready soured U.S. relations with its allies field. Such research is vital. Facilities such as and the broader community of nations. Fur- HON. STEVE C. LaTOURETTE the Memorial Breast Center at Long Beach ther, we are concerned that this failure to OF OHIO are where that research is applied. But its pa- pay has undermined respect for the rule of tients and talented medical staff are also the law in international affairs, exacerbated the IN THE HOUSE OF REPRESENTATIVES basis for new research and a variety of cancer U.N.’s financial crisis, and undermined the Monday, March 23, 1998 organization’s valuable work. treatment strategies which might result in sav- The U.N. is an indispensable organization Mr. KANJORSKI. Mr. Speaker, my collegue, ing the lives of many women in the years for advancing U.S. interests in world affairs. Mr. LATOURETTE, and I are pleased to an- ahead. It provides a mechanism through which the nounce that support for H.R. 1151, the Credit

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E438 CONGRESSIONAL RECORD — Extensions of Remarks March 23, 1998 Union Membership Access Act, continues to members as federal workers were shifted to Judging from their questions during oral grow. Below are the twenty-first through thirti- new quarters outside the city. So its leaders arguments yesterday, the Supreme Court eth of the more than 100 editorials and col- brought in a local hospital credit union that justices seemed to be leaning toward the nar- was struggling. Both groups benefited from rower interpretation of the law, advocated umns from newspapers all across our nation the merger, but the court fight has put the by the banking industry. That’s why it’s cru- which support giving consumers the right to marriage on hold. cial that Congress remove any ambiguity in chose a non-profit, cooperative, credit union If credit unions fade away, so will some this law and allow credit unions the broadest for their financial services. great deals for consumers. In a 1995 survey ability to accept customers. A bill before Surveys have consistently shown that con- the Consumer Federation of America rated Congress would do that. sumers strongly support the value and serv- six basic services from checking accounts to Since federal restrictions on interstate ices they receive from their credit unions. That money orders, and it found that credit banking were removed, a few large banks unions were cheaper in every category. is why the Consumer Federation of America have come to dominate the market in New Banks estimate the nonprofit status of Jersey. Whatever the merits of banking endorses H.R. 1151, the Credit Union Mem- credit unions is an unfair advantage that to- mergers, the consolidations have served to bership Access Act. tals $1 billion per year. In addition, credit reduce competition. As small as credit A bipartisan group of more the 190 Mem- unions have wandered from their origins and unions are, they act as a brake on the fees bers from all regions of our country, and all must compete fully since they have restyled the commercial banks charge. They also parts of the political spectrum, are now co- themselves. Further, 1,000 credit unions have offer residents of underserved inner city and sponsoring the Credit Union Membership Ac- assets of $75 million or more, hardly the one- rural areas access to banking services they room money-lending outfit near the plant might otherwise not have. cess Act. We should pass it quickly so that gate. Finally, the real losers are not big credit unions can stop worrying about their fu- Congress should act to ensure that as banks, which handle huge sums, but smaller many Americans as possible retain the right ture and return to serving their members. financial institutions which may offer small to join a credit union. [From the Wilkes-Barre, PA, Citizens’ Voice, loans in Main Street towns, say critics of Apr. 12, 1997] credit unions. [From the Las Vegas Sun, Feb. 26, 1998] True enough, credit unions have evolved CREDIT UNIONS DESERVE HELP FROM A D.C. EDITORIAL: CONGRESS NEEDS TO HELP CREDIT from populist origins. But banks have FRIEND UNIONS changed too and should tolerate a sturdy Credit unions occupy a very small part of competitor that offers low-cost service to Credit unions and their members took a the world of finance. But they perform a consumers. The Supreme Court should be hit Wednesday from a long-anticipated Su- service which is huge. wary of punishing workplace institutions preme Court ruling. Credit unions don’t have a lot of political that have aided millions of Americans. In a 5–4 decision, the Supreme Court dis- clout. But they have become part of a con- carded a 16-year-old government rule that let troversial national issue. [From the Asbury Park Press, NJ] company credit unions accept members from Credit unions need a little help from a PROTECTING CREDIT UNIONS—CONGRESS other companies. The court agreed with a friend at this time. COULD KEEP BANKING OPTIONS BROAD legal challenge brought by banks that fed- And we’re happy to see they’re getting eral law doesn’t allow credit unions to ex- Rather than await the outcome of a Su- some, from a local legislator. pand their memberships that way. The preme Court case, Congress should revise the Congressman Paul Kanjorski recently in- court’s ruling will prevent many Americans law authorizing the establishment of not-for- troduced legislation to provide access to from joining federally chartered credit profit credit unions to ensure that all Ameri- credit unions to a greater number of consum- unions, and could cost credit unions millions cans can have the widest choice of banking ers. of customers. services. The legislation aims to reverse a recent Despite the decision, help may be on the The Supreme Court yesterday heard argu- court decision which prevents credit unions way for credit unions, which for many indi- ments in a case brought by the banking in- from merging—and prevents employees of viduals are the only institutions where they dustry against broad membership rules for one company from joining the credit union can secure low-cost financing. Legislation is credit unions. During the Depression, Con- of another company. being offered in Congress, which has strong gress authorized groups with common At the heart of the issue is whether con- bipartisan support, that would reinstate bonds—workers within one company or resi- sumers will have greater or lesser choice re- credit unions’ ability to sign members from dents of one small area—to form credit garding small loans and daily finance. Credit other companies. unions. All credit unions accept deposits and unions, said Kanjorski, often serve the Banks aren’t hurting for business, and it’s make loans; some permit checking accounts smaller loans that large banks overlook. estimated that only 6 percent of financial and issue credit cards. Today, 45 million peo- That’s a genuine service. And that’s a serv- business is handled by credit unions. In light ple have accounts at credit unions, although ice we hope all our area’s members of the of the increasing number of bank mergers, U.S. Congress will understand and support by many also still use commercial banks, too. Because they are not-for-profit, subject to there is definitely a need and a place for signing on to Kanjorski’s bill on behalf of less regulation and are owned and operated credit unions, which offer their customers an credit unions. by their shareholders, credit unions gen- alternative to higher-cost financial services. erally pay higher interest rates and often [From the San Francisco Chronicle] [From the New Bern Journal, NC] charge less for loans than commercial banks. SMALL CREDIT UNIONS FACE BANK CHALLENGE Yet credit unions hold just 5.65 percent of all LET’S GIVE CREDIT UNIONS THE CREDIT THEY A car loan, an advance for a rent deposit or deposits and other banking assets. The other DESERVE college tuition bill, or a savings account are 94.35 percent is held by commercial banks Credit unions, which have been helping the bread-and-butter services long offered by and by savings and loans. The average credit people with their financial needs for more the country’s 12,000 credit unions. But these union has $2.7 million in assets; the average than six decades, are themselves in need small institutions are now in legal struggle commercial bank has $533 million in assets. now. They need to win a legal fight and, fail- with the country’s banks, who believe that Two huge banks, Chase Manhattan and ing that, they need some political help from credit unions have pushed beyond their au- Citicorp, alone hold more assets than all Congress. If they don’t get it, the credit thorized limits and are piling up a growing credit unions combined. unions themselves may no longer be avail- share of the financial marketplace. Still, the banking industry wants the law able for millions when they come knocking, The David versus Goliath struggle is now that created credit unions narrowly inter- and American consumers, especially those of before the U.S. Supreme Court, which agreed preted to limit their growth. Plain and sim- modest means, will have reason to grieve. earlier this week to hear the dispute and pos- ple, banks don’t want too many people to be Congress established credit unions as non- sibly rule within a year. able to turn to credit unions as an alter- profit cooperatives in 1934 chiefly for poorer Founded in the Great Depression, credit native. people left out of the loop by banks. unions were designed to help workers from Since 1982, the National Credit Union Ad- It required that members have a ‘‘common the same occupation or company band to- ministration, a federal agency, has allowed bond,’’ such as being employees of the same gether because conventional banks ignored credit unions to solicit customers beyond company. The formula worked fine until the working people. Credit unions endured before their traditional base. The 1934 act that au- late 1970s, when the disappearance of large running into modern reality: Downsizing thorized credit unions limited membership manufacturing plants and other economic company moves, mergers and even military to ‘‘groups having a common bond of occupa- changes began robbing the credit unions of base closures cut into membership. Also, tion or association, or to groups within a members. A federal agency then said a credit fresh deposits were needed to offer ATMs, well-defined neighborhood, community or union could include a multitude of groups in debit cards and other modern services. The rural district.’’ In the wake of a wave of cor- its membership in order to maintain a suffi- solution was to find new members, often porate mergers and layoffs, the federal agen- ciently large operational base. from different trades or companies, in a cy allowed many smaller credit unions to The commercial banks yelped. What’s clear break with founding traditions. merge and to accept customers who did not more, they sued. The maintained that the For example, The Embarcadero Federal work for the specific companies or other federal agency, The National Credit Union Credit Union in San Francisco was losing common groups. Administration, had misconstrued the law, March 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E439 and a federal judge said the commercial Credit union officials counter that banks It’s one that will pit average people banks were right. The Supreme Court has could be more competitive if they were as against big banking interests. And it’s one in agreed to hear the case either late this year concerned about their customers as they are which a nonprofit, tax-exempt, do-it-yourself or early next. If the high court concurs with about their stockholders and that their sheer approach to financial services wages war lower court rulings, some 10 million people size gives banks advantages that equate to a with money managers committed to bottom will no longer be members of credit unions, level playing field and then some. lines, shareholder demands for profit, and, and millions more may never get the chance. The fact is conditions have changed a lot with plenty of grumbling, tax payments. If the credit unions lose in court, Congress for a lot of organizations since 1934, includ- The 5-4 decision, because it is so narrow, is could quickly come to the rescue with just a ing banks. not one to be relied on over the long haul, slight change in the 1934 law’s wording about It’s also a fact both banks and credit but now it defines the law of the land. ‘‘common bonds.’’ unions are doing well. Banks have about $4.4 And both banks and credit unions are back After all, 70 million Americans belong to trillion in assets compared to $330 billion for in Congress lobbying for pending legislation credit unions, and that’s a lot of voters. It’s credit unions. that would allow individual credit unions to possible, of course, that another number This is not a time of crisis for either. And serve a broader clientele. speaks more loudly in the legislative ear: 4.4 it shouldn’t have to be a time of crisis for The credit unions offer lower fees and bet- trillion, which is the accumulation of dollars credit unions or their customers. Rulings ter rates on loans. the banks have in assets, and more than 12 and legislation should reflect that. Bankers argue that credit unions are ex- times the assets of credit unions. empt from taxes so they can do this. Well, if [From the Oakland Tribune, Feb. 7, 1997] banks want to be exempt from taxes, it’s [From the District News, Dec. 1, 1997] BANKS SHOULD BACK OFF FROM CREDIT pretty easy. Let them go nonprofit. DON’T PUT CREDIT UNIONS AT RISK UNIONS The current credit union law says these in- In the looming battle of banks vs. credit As banks have merged, closed branches and stitutions must be limited to groups with a unions, credit unions should not be put at added additional fees for services that were ‘‘common bond’’ of occupation, association, risk. previously free, an increasing number of cus- or geographical area. Nearly 20 years ago, as Strong arguments exist on both sides. The tomers have looked for alternatives. Some- companies downsized, merged, or dis- status of credit unions, which are nonprofit times they are motivated by the simple urge appeared, the National Credit Union Admin- and, as such, receive tax exemptions not af- to deal with a person with a familiar face in istration said smaller groups sharing a com- forded banks, is a topic of considerable de- a familiar place. mon employment bond could meet the condi- bate locally and nationally, and the whole Credit unions have been the beneficiaries tion. question currently is before the U.S. Su- of banking customers’ dissatisfaction. But The American Bankers Association argued preme Court. those who run banks are trying to keep their successfully that the same bond had to unite But credit unions should not be put in customers from joining credit unions. every member. jeopardy. Many people in Utah and the Banks should keep their hands off the cred- If bankers fear credit union competition, United States (nationally the number is in it unions. they have only themselves to blame. Their the millions) would be prohibited from be- Credit unions were originally established fees have escalated outrageously, along with longing to a credit union if the top court, during the Great Depression to accommodate their profits. Financial services share values and subsequent legislation, favored the low-paid workers the banks rejected as cus- have skyrocketed over the decade. banks. This is not fair nor is it right. tomers. Membership was restricted to people While credit unions were begun as a way to Credit unions originally were established who worked together or lived in the same vi- provide poor people, in whom banks weren’t to make loans available to people who might cinity. In recent years, because so many em- interested, with banking services, many now be considered risks by banks and to give peo- ployees have lost their jobs through cor- serve working people who, as a result of ple with small means access to loans. The porate downsizing, membership require- union participation, have middle-class in- Federal Credit Union Act of 1934 brought ments for credit unions were relaxed, allow- comes. That ought not matter at all, because credit unions under federal regulation with ing people from outside groups to join. working people everywhere are still at the the stipulation that membership should be Even as banks were cutting back services, mercy of big business, including big banking. limited to ‘‘groups having a common bond of they began a legal assault on the growing It’s worth noting that the push to let cred- occupation’’ or association. credit union industry. In the past six years, it unions expand isn’t coming from the polit- The thrust changed in 1982 when the Na- bankers have filed 13 suits in 10 states to ical left. Ohio Congressman Steven tional Credit Union Administration ex- stop expanding membership of credit unions. LaTourette (R., Madison Village) is lead panded the interpretation of the law to let In one of those cases, five North Carolina sponsor of a bill to expand them so workers credit unions accept nontraditional mem- Banks and the American Bankers Associa- of small companies could join together to bers. This was a response to a downturn in tion sued AT&T Family Federal Credit form one. And House Speaker Newt Gingrich the economy and was an attempt to keep Union and the National Credit Union Admin- (R., Georgia) has endorsed the legislation. credit unions viable during a time when istration, claiming they had violated the fed- Credit unions are about local folks helping many of the companies that had formed eral law by allowing employees of other com- local folks. It seems odd that the banking in- them were in financial trouble. For example, panies to join the credit union. dustry, which gave up this approach for small businesses that lacked enough workers A lower court rejected the banks’ argu- mergermania, wants every American now to to form their own credit unions were allowed ment and the banks appealed. Last July, the go along with their way of doing things, let- to join existing credit unions. U.S. Court of Appeals for the D.C. Circuit ting the diversity that has been America’s Banks claim the new interpretation precip- sided with the bankers. In October, a Dis- strength go by the boards. itated a situation that has gotten out of trict Court judge issued an injunction hand. Some credit unions no longer fall against the expanded memberships. [From the Pocono Record, Stroudsburg, PA, under the traditional definition. As a result, credit union nationwide re- Feb. 27, 1998] Several North Carolina community banks ported that each business day they were and the National Bankers Association sued REVERSE CREDIT UNION RULING forced to turn away 4,400 people who wanted the AT&T Family Federal Credit Union The banking industry’s victory over fed- to join. On Christmas Eve, however, the U.S. based in Winston-Salem, N.C., for overstep- eral credit unions may be short-lived. Even Court of Appeals temporarily blocked the in- ping its bounds. It has 165,000 members from before the U.S. Supreme Court’s ruling cur- junction against accepting new members. 323 companies. A judge ruled in favor of the tailed credit union membership, a bill was Now, both sides are waiting to see if the U.S. credit unions but a federal appeals court re- awaiting action in the House to reverse the Supreme Court will hear the case. versed that decision. That’s the case before ruling’s effects. The banks should back off. The moves they At issue is a 1992 government rule allowing the high court. have made have led many customers to be- Locally, the Utah Bankers Association credit unions to accept members from other lieve that banks don’t have their best inter- brought suit against credit unions—a suit companies than the one that formed them. ests in mind. Consumers should have the that initially was dismissed in 3rd District The Court invalidated that rule, basing its choice of opting for credit unions. If banks Court and then reinstated on appeal. decision on the 1934 law that authorized Bank officials argue that large credit don’t want credit unions to take away their credit unions. That law said credit union unions, such as AT&T Family Federal Credit customers, perhaps they can do a better job memberships ‘‘shall be limited to groups Union nationally and America First locally, of meeting customers’ needs. That is the having a common bond of occupation or as- no longer fall under the 1934 guidelines and basic principle of our free market system. sociation’’ or to groups in a geographic area. therefore should not be afforded tax-exempt What is a common bond? The government status. They also point out that large credit [From the Blade, Toledo, OH, Feb. 28, 1998] had interpreted it broadly, allowing employ- unions advertise for customers and offer CREDIT UNIONS FOR WHOM? ees of other, smaller companies to join a many of the same types of services as banks. The narrow Supreme Court ruling that credit union because they enjoyed a common Because of their tax exemptions they have credit unions cannot draw members from a bond among themselves. Not precise enough, an unfair advantage and are able to offer variety of occupations, contrary to the way said the Court. That is the issue addressed their customers lower interest rates. All regulators had interpreted a 1934 law, is just by the House measure, filed by Rep. Paul banks ask for is a level playing field. the beginning of a good fight. Kanjorski, D-Luzerne-Monroe. E440 CONGRESSIONAL RECORD — Extensions of Remarks March 23, 1998 Kanjorski’s bill has 138 co-sponsors. It re- threatened existing credit unions, the Na- observed throughout the years, ``Politics ceived a bi-partisan boost when House tional Credit Union Administration ex- should stop at the water's edge.'' Unfortu- Speaker Newt Gingrich endorsed it, ensuring panded membership beyond the single-com- nately, what we have here is domestic politics at least that it will come up for a vote in the pany, single-community confines. being injected into foreign policy. All Ameri- House Banking Committee. What happens It is this expansion that the Supreme next will be the subject of a fierce lobbying Court, in a 5–4 decision in a case from North cans are the losers in this process, Mr. Speak- battle between credit unions and the bank- Carolina, said was in violation of the 1934 er. ing industry. federal law. I call the attention of my colleagues in the What is likely, however, is less legislation Anticipating the Supreme Court decision, House to an excellent editorial that appeared to overturn the Court’s decision, than a com- the Credit Union National Association asked on March 13 in the San Francisco Examiner promise, possibly restoring more latitude to Congress last year to consider legislation to which discusses H.R. 1757. I ask that the full that definition of ‘‘common bond,’’ while im- allow federally chartered credit unions to text of that editorial be placed in the RECORD, posing a membership threshold on some of maintain their expanded membership base. and I urge my colleagues to read it carefully the larger credit unions. Credit unions operate on a not-for-profit and thoughtfully. Who knows? We may actu- That would be a workable and fair resolu- basis. They pay no taxes and tend to offer tion of the issue. Allowing the court’s ruling lower-cost loans and higher earnings for sav- ally find ourselves having to cast a vote on to stand as it is fails that test. Particularly ings. They also tend to charge fewer and this outrageous bill some day in the near fu- since deregulation of the banking industry lower fees than commercial banks. But the ture. allowed so many and massive consolidations, commercial banks say credit unions’ not-for- GOP SHORTSIGHTEDNESS: REPUBLICANS IN more competition is needed in the financial profit status creates an unfair competitive CONGRESS SHOULD RETHINK TYING IMF AND industry, not less. advantage. U.N. FUNDS TO AN ANTI-ABORTION PROVISION Kanjorski’s bill is pitched at small busi- Bankers have reason for concern. THAT DOES MORE HARM THAN GOOD nesses, which he points out is the fastest Since the 1982 regulation took effect, cred- growing sector of the economy. Small com- The annual blackmail of the administra- it unions have rapidly expanded their mem- tion by some Republican members of Con- panies generally do not have enough employ- bership. Last year, 72 million Americans be- ees to sustain a credit union by themselves. gress has begun. They insist that $18 billion longed to credit unions, double the number in U.S. funding for the International Mone- Even some large companies face problems in 1991. during economic slowdowns, as layoffs re- tary Fund, as well as payment of past dues Although banking industry officials say to the United Nations, be held hostage to an duce their credit unions’ active member- consumers who currently belong to credit ships. That is what happened in the recession anti-abortion provision. unions will not be asked to give up their ‘‘Killing babies is a very serious matter,’’ of 1982, and prompted the government to memberships, the choice of joining a credit Rep. Christopher Smith, R–N.J., told a New broaden membership rules. union may prove more difficult in the future York Times reporter. ‘‘The administration is If the Court decision were allowed to unless Congress changes the 1934 law. stand, in effect it would discriminate against promoting abortion overseas.’’ A bill before Congress to allow credit Smith wants to deny U.S. funds to any employees of small companies. Unless their unions to serve multiple groups deserves ap- overseas organization that provides or pro- workforce—their ‘‘common bond’’—were proval. motes abortions. Under existing law, no U.S. large enough to form a credit union, they With Congress set to begin hearings this money can be used for those activities. would be denied the opportunity to take ad- week on a bill aimed at resolving the dispute Smith argues that other activities, such as vantage of its lower loan and mortgage costs between banks and credit unions, both sides family planning services, allows organiza- and higher savings account interest rates, already have begun their lobbying efforts. tions to shift money abortion-related pro- among other benefits. The commercial banks, particularly the The reason credit unions can offer such grams. smaller community-based banks, have legiti- But it’s much more reasonable to assume benefits, though, is why a compromise is mate concerns about rapidly expanding cred- that supporting birth control in other coun- likely. Credit unions bear fewer regulatory it unions. tries actually reduces the number of un- and financial burdens than banks do, not But in drafting new legislation, Congress planned pregnancies and, hence, diminishes having to pay federal taxes, for example. The must recognize the realities of America’s the need for abortions. banking industry considers that unfair com- small-business economy. Americans have The GOP position is offensive to some tra- petition. But in truth, it is hardly an insup- shown an increasing preference for credit ditional political allies. portable competitive burden for banks: In unions, and consumer choice must be pre- Thomas Donohue, president of the United Pennsylvania, with more credit unions than served. States Chamber of Commerce, says failing to any other state, they still hold only 4 per- fund the IMF during its financial bailout of cent of all bank deposits. f Asian nations would ‘‘come under the head- As their recent moves to raise or impose ing of stupid.’’ ATM and check-cashing rates show, banks SAN FRANCISCO EXAMINER EDI- Many conservatives and environmentalists are aggressively pursing profits wherever TORIAL CRITICIZES H.R. 1757— concerned about the escalation of world pop- they can find them. Reining in credit union FOREIGN AFFAIRS AUTHORIZA- ulation believe global education about fam- membership is in step with that drive. But as TION LEGISLATION IS BAD LAW ily planning is essential to humankind’s fu- with the service rates, the credit union re- AND BAD POLICY ture welfare and even its survival. strictions will hurt those with less money, The U.S. debt to the United Nations, now who need low-cost alternatives to what almost $1 billion, has been a source of embar- banks offer. HON. TOM LANTOS rassment to Americans who believe in the The money will gush in the intensive lob- OF CALIFORNIA worldwide organization. The image of the bying against and for Kanjorski’s bill. There IN THE HOUSE OF REPRESENTATIVES United States as a deadbeat is especially is merit in a compromise that levels the field alarming when this country needs to per- for the larger credit unions. But Congress Monday, March 23, 1998 suade other nations to go along with its pol- should allow access to credit unions for icy initiatives, as in the recent confronta- small-business employees as one way of re- Mr. LANTOS. Mr. Speaker, for the past two weeks, H.R. 1757, the foreign affairs author- tion over arms inspections in Iraq. storing competition to the banking industry. In any case, U.S. funding for international ization legislation has been on the schedule financial and political organizations ought [From the Evansville Press, Mar. 4, 1998] for House consideration and both weeks, the to be separate from the question of whether CONGRESS SHOULD ALLOW CREDIT UNION bill was pulled because the Republican leader- this country should back family planning EXPANSION ship was not able to get the necessary votes groups that also provide abortion services. The long-running battle between commer- to pass the bill. Mr. Speaker, that is fortunate Combining the two issues hurts causes that cial banks and credit unions didn’t end last for the American people and for the foreign even the most anti-abortion members of the week when the U.S. Supreme Court ruled policy of the United States. GOP cares about—or ought to care about. that a Depression-era law places strict limits Last year’s hostage was the $12 billion for- on the membership of credit unions. Mr. Speaker, this legislation has been foist- eign operations bill. After a threatened veto, The 1934 Federal Credit Union Act estab- ed on the House through a flawed and bla- the GOP finally relented. lished credit unions because banks were per- tantly partisan procedure. It is a preposterous The annual exercise is, unfortunately, even ceived as ignoring the needs of low- and mod- process that was perpetrated in public. It is more harmful this year when resurrecting erate-income Americans. calculated to appeal to a narrow but noisy the economies of a half dozen Asian allies de- The act limited credit union membership special interest group, and it is clearly not in pends on our financial goodwill. Their pain, to ‘‘groups having a common bond of occupa- the best interests of the American people and of course, soon can become our own as Amer- tion or association, or groups within a well- ican exports fall and U.S. investments in defined neighborhood, community or rural our nation's foreign policy. those countries teeter. district.’’ American foreign policy is best, strongest, Let’s instill some good sense in the IMF/ But in 1982, responding to a wave of cor- and most effective when it is a bipartisan for- U.N. funding debate—and turn down the vol- porate reorganizations and downsizing that eign policy. As many of our colleagues have ume of political rhetoric. March 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E441 CELEBRATING THE 150TH ANNI- cant traditions while similarly adapting to mo- thorities and the U.S. Immigration and Natu- VERSARY OF THE EVANGELICAL dernity. One custom which began in 1894 and ralization Service in the detection of illegal COVENANT CHURCH IN INDIAN is still carried out today is that of presenting aliens. I endorse Proposition 187 and signed ORCHARD, MASSACHUSETTS bibles to seven year old children of the Sun- the petition to put it on the ballot. day school. Another practice of the church Proposition 187 was supposed to have HON. RICHARD E. NEAL noted in the records in 1880 was the serving taken effect on November 9, 1994; however it OF MASSACHUSETTS of communion wine by the pastor into a single has been plagued with controversy since it IN THE HOUSE OF REPRESENTATIVES cup used by all who partook. Today this con- was passed by California voters. Federal vention has been altered as communion wine Monday, March 23, 1998 Judge Mariana Pfaelzer has declared a num- is now served in individual cups. ber of the initiatives are unconstitutional, citing Mr. NEAL of Massachusetts. Mr. Speaker, it The parishioners of the Evangelical Cov- Plyler v. is my privilege today to honor the parish of the the 1982 Supreme Court ruling in enant Church of Indian Orchard look forward Doe which maintained that states could not Evangelical Covenant Church of Indian Or- to celebrating and sharing these traditions with chard, Massachusetts, as they celebrate their deny public school enrollment to illegal aliens. their newly installed Pastor, Reverend Donald Although the state attorney general's office 150th year of existence. Olson. There are many special plans set for This church has a strong history of roots in has indicated it will appeal to the 9th Circuit the weekend of April 17, 1998 which include Court of Appeals, the final resolution of this the community and I am proud to share with a hymn sing, anniversary banquet, and wor- you some important facts and unique tradi- appeal and other suits filed by various citizens' ship services. These events should make for groups will likely take years. tions. Its origins date back to the winter of a fine celebration and I congratulate the 1848 when an interested group of citizens church on 150 years of religious service. That Americans' hard-earned wages should formed the nucleus of the parish and founded be used to support immigrants who reside in what is now called the Evangelical Covenant f this nation illegally is totally unacceptable. Mr. Church of Indian Orchard. After more than a OPPOSE PUBLIC BENEFITS FOR Speaker, I will not stand for such injustice. century of service, the church, in 1954, adopt- ILLEGAL IMMIGRANTS Congressman BRIAN BILBRAY (R±CA) has ed a new name, becoming the First Congrega- introduced H.R. 7, the Citizenship Reform Act tional Church of Indian Orchard. to amend the Immigration and Nationality Act However, in June of 1997, upon joining the HON. RON PACKARD and deny citizenship at birth to children born Evangelical Covenant Church of America OF CALIFORNIA in the U.S. of parents who are not citizens or which was first organized in 1885, the church IN THE HOUSE OF REPRESENTATIVES permanent resident aliens. In addition, Con- acquired yet another name, its current name, Monday, March 23, 1998 gressman BOB STUMP (R±AZ) has introduced the Evangelical Covenant Church of Indian Or- H.R. 347, which will effect a moratorium on chard. From this chronology, it is interesting to Mr. PACKARD. Mr. Speaker, this week a immigration by aliens other than refugees, pri- see how this 150 year old Indian Orchard in- U.S. District Court in Los Angeles ruled that ority workers, and the spouses and children of stitution is in some ways, very new. key portions of California Proposition 187 are During the past 150 years, the church has unconstitutional. I am absolutely appalled by United States citizens. survived several calamities including fires and this declaration, which ultimately indicates that Mr. Speaker, I am cosponsor of both of hurricanes. Despite this adversity, the church taxpayer dollars may be used to benefit un- these pieces of legislation because I believe has been a constant source of religious inspi- documented immigrants. something must be done and it is up to us to ration and stewardship for its parishioners and Passed as a ballot initiative in 1994, Propo- act now. I urge my colleagues to support H.R. community. sition 187 broadly denies state taxpayer-fund- 7 and H.R. 347 in order to ensure that tax- Through this time, the church has also been ed benefits to illegal aliens. This initiative also payers' dollars are benefitting taxpayers, not il- able to establish and preserve many signifi- calls for greater cooperation between state au- legal aliens. E442 CONGRESSIONAL RECORD — Extensions of Remarks March 23, 1998 SENATE COMMITTEE MEETINGS Governmental Affairs Judiciary Title IV of Senate Resolution 4, To resume hearings on S. 712, to provide Business meeting, to consider pending for a system to classify information in calendar business. agreed to by the Senate on February 4, the interests of national security and a SD–226 1977, calls for establishment of a sys- system to declassify such information. 2:00 p.m. tem for a computerized schedule of all SD–342 Armed Services meetings and hearings of Senate com- 2:00 p.m. Strategic Forces Subcommittee mittees, subcommittees, joint commit- Armed Services To resume hearings on proposed legisla- tees, and committees of conference. To hold hearings to examine the situa- tion authorizing funds for fiscal year This title requires all such committees tion in the Persian Gulf. 1999 for the Department of Defense and to notify the Office of the Senate Daily SR–222 the future years defense program, fo- Banking, Housing, and Urban Affairs cusing on the DOD domestic emergency Digest—designated by the Rules Com- response program and support to the mittee—of the time, place, and purpose To hold hearings on the nomination of Arthur Levitt Jr., of New York, to be a interagency preparedness efforts, in- of the meetings, when scheduled, and Member of the Securities and Exchange cluding the federal response plan and any cancellations or changes in the Commission. the city training program. meetings as they occur. SD–538 SR–222 As an additional procedure along Energy and Natural Resources Commerce, Science, and Transportation with the computerization of this infor- Forests and Public Land Management Sub- Oceans and Fisheries Subcommittee mation, the Office of the Senate Daily committee To hold hearings on S. 1221, to prevent Digest will prepare this information for To hold hearings on general land ex- foreign ownership and control of printing in the Extensions of Remarks change bills, including S. 890, S. 1109, S. United States flag vessels employed in 1468, S. 1469, S. 1510, S. 1683, S. 1719, S. the fisheries in the navigable waters section of the CONGRESSIONAL RECORD and exclusive economic zone of the on Monday and Wednesday of each 1752, S. 1807, H.R. 1439, and H.R. 1663. SD–366 United States, and to prevent the week. Judiciary issuance of fishery endorsements to Meetings scheduled for Tuesday, Constitution, Federalism, and Property certain vessels. March 24, 1998, may be found in the Rights Subcommittee SR–253 Daily Digest of today’s RECORD. To hold hearings to examine the tradi- 2:30 p.m. Select on Intelligence MEETINGS SCHEDULED tion and importance of protecting the United States flag. To hold closed hearings on intelligence SD–226 matters. MARCH 25 3:00 p.m. SH–219 2:30 a.m. Select on Intelligence Commerce, Science, and Transportation To hold closed hearings on intelligence MARCH 30 Communications Subcommittee matters. 2:00 p.m. To hold hearings on the implementation SH–219 Governmental Affairs of section 271 of the Telecommuni- To hold hearings on the nominations of cations Act (P.L. 104-104) relating to MARCH 26 Elaine D. Kaplan, of the District of Co- the application process for local tele- 9:30 a.m. lumbia, to be Special Counsel, Office of phone companies desiring to provide Appropriations Special Counsel, and Ruth Y. Goldway, long distance service, and on S. 1766, to of California, to be a Commissioner of permit Bell operating companies to Interior Subcommittee To hold hearings on proposed budget es- the Postal Rate Commission. provide interstate and intrastate tele- SD–342 communications services within one timates for fiscal year 1999 for the Na- tional Endowment for the Arts, Na- year after the date of enactment of this MARCH 31 Act. tional Foundation on the Arts and the SR–253 Humanities. 9:30 a.m. 9:30 a.m. SD–124 Energy and Natural Resources Rules and Administration Appropriations To hold hearings on S. 1100, to amend the To hold hearings on proposed legislation Energy and Water Development Sub- Covenant to Establish a Common- authorizing funds for fiscal year 1999 committee wealth of the Northern Mariana Islands for the Federal Election Commission. To hold hearings on proposed budget es- in Political Union with the United SR–301 timates for fiscal year 1999 for the Corp States of America, the legislation ap- Veterans’ Affairs of Engineers, and the Bureau of Rec- proving such covenant, and S. 1275, to To hold joint hearings with the House lamation, Department of the Interior. implement further the Act (Public Law Committee on Veterans Affairs to re- SD–116 94-241) approving the Covenant to Es- view the legislative recommendations Appropriations tablish a Commonwealth of the North- of AMVETS, the American Ex-Pris- Treasury, Postal Service, and General Gov- ern Mariana Islands in Political Union oners of War, the Vietnam Veterans of ernment Subcommittee with the United States of America. America, and the Retired Officers Asso- To hold hearings on proposed budget es- SH–216 ciation. timates for fiscal year 1999 for the Of- 10:00 a.m. 345 Cannon Building fice of National Drug Control Policy. Appropriations 10:00 a.m. SD–192 Agriculture, Rural Development, and Re- Appropriations Banking, Housing, and Urban Affairs lated Agencies Subcommittee Defense Subcommittee To hold hearings to examine the implica- To hold hearings on proposed budget es- To hold hearings on proposed budget es- tions of the recent Supreme Court deci- timates for fiscal year 1999 for the timates for fiscal year 1999 for the De- sion regarding credit union member- Commodity Futures Trading Commis- partment of Defense, focusing on Army ships. sion and the Food and Drug Adminis- programs. SD–538 tration. SD–192 Labor and Human Resources SD–138 Armed Services Children and Families Subcommittee Appropriations Airland Forces Subcommittee To hold joint hearings with the House Commerce, Justice, State, and the Judici- To resume hearings on proposed legisla- Committee on Education and the ary Subcommittee tion authorizing funds for fiscal year Workforce Subcommittee on Early To hold hearings on proposed budget es- 1999 for the Department of Defense and Childhood, Youth and Families to ex- timates for fiscal year 1999 for the De- the future years defense program, fo- amine the effectiveness of the Head partment of Justice’s counterterrorism cusing on tactical aviation moderniza- Start education program. programs. tion. SD–430 SD–192 SR–222 10:00 a.m. Labor and Human Resources Foreign Relations Armed Services To hold hearings to examine issues relat- International Economic Policy, Export and To resume hearings on proposed legisla- ing to charter schools. Trade Promotion Subcommittee tion authorizing funds for fiscal year SD–430 To hold hearings on S. 1413, to provide a 1999 for the Department of Defense and Veterans’ Affairs framework for consideration by the the future years defense program, fo- To hold hearings to examine tobacco-re- legislative and executive branches of cusing on Department of Energy atom- lated compensation and associated unilateral economic sanctions. ic energy defense activities. issues. SD–419 SR–222 SD–106 March 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E443 10:30 a.m. 2:00 p.m. APRIL 30 Appropriations Judiciary 9:30 a.m. Foreign Operations Subcommittee Administrative Oversight and the Courts Appropriations To hold hearings on proposed budget es- Subcommittee VA, HUD, and Independent Agencies Sub- timates for fiscal year 1999 for foreign Business meeting, to consider pending committee assistance programs, focusing on the calendar business. To hold hearings on proposed budget es- Caspian energy program. SD–226 SD–124 timates for fiscal year 1999 for the Envrionmental Protection Agency, and APRIL 21 APRIL 1 the Council on Environmental Quality. 10:30 a.m. SD–138 9:30 a.m. Appropriations Appropriations 2:00 p.m. Foreign Operations Subcommittee Energy and Natural Resources Interior Subcommittee To hold hearings on proposed budget es- To hold hearings on proposed budget es- National Parks, Historic Preservation, and timates for fiscal year 1999 for foreign timates for fiscal year 1999 for the De- Recreation Subcommittee assistance, focusing on crime pro- partment of the Interior. To hold hearings on title IV of S. 1693, to SD–124 grams. renew, reform, reinvigorate, and pro- Indian Affairs Room to be announced tect the National Park System, and S. Business meeting, to mark up S. 1797, to 624, to establish a competitive process APRIL 22 reduce tobacco use by Native Ameri- for the awarding of concession con- cans and to make the proposed tobacco 9:30 a.m. tracts in units of the National Park settlement applicable to tobacco-relat- Indian Affairs System. ed activities on Indian lands, and S. To hold oversight hearings on Title V SD–366 1279, proposed Indian Employment amendments to the Indian Self-Deter- Training and Related Services Dem- mination and Education Assistance MAY 5 onstration Act; to be followed by hear- Act of 1975. ings on proposed legislation to revise SR–485 10:30 a.m. the Indian Gaming Regulatory Act of 10:00 a.m. Appropriations 1988. Appropriations Foreign Operations Subcommittee SH–216 Defense Subcommittee To hold hearings on proposed budget es- 10:00 a.m. To hold hearings on proposed budget es- timates for fiscal year 1999 for foreign Appropriations timates for fiscal year 1999 for the De- assistance programs. Defense Subcommittee partment of Defense, focusing on the Room to be announced To hold hearings on proposed budget es- Ballistic Missile Defense program. timates for fiscal year 1999 for Depart- SD–192 MAY 6 ment of Defense medical programs. SD–192 10:00 a.m. Judiciary APRIL 23 Appropriations Antitrust, Business Rights, and Competi- 9:30 a.m. Defense Subcommittee tion Subcommittee Appropriations To hold hearings on proposed budget es- To hold hearings to examine competition VA, HUD, and Independent Agencies Sub- timates for fiscal year 1999 for the De- and concentration in the cable and committee partment of Defense, focusing on the video markets. To hold hearings on proposed budget es- U.S. Pacific Command. SD–226 timates for fiscal year 1999 for the Na- SD–192 2:00 p.m. tional Aeronautics and Space Adminis- Appropriations tration. MAY 7 Labor, Health and Human Services, and SD–138 9:30 a.m. Education Subcommittee Appropriations Appropriations To hold hearings on proposed budget es- Interior Subcommittee VA, HUD, and Independent Agencies Sub- timates for fiscal year 1999 for the Na- To hold hearings on proposed budget es- tional Institutes of Health, Depart- committee timates for fiscal year 1999 for the For- To hold hearings on proposed budget es- ment of Health and Human Services. est Service, Department of Agri- timates for fiscal year 1999 for the Na- SD–124 culture. tional Science Foundation, and the Of- Energy and Natural Resources SD–124 fice of Science and Technology. National Parks, Historic Preservation, and 10:30 a.m. Recreation Subcommittee Appropriations SD–138 To hold hearings on titles I, II, III, and V Foreign Operations Subcommittee 2:00 p.m. of S. 1693, to renew, reform, reinvigo- To hold hearings on proposed budget es- Energy and Natural Resources rate, and protect the National Park timates for fiscal year 1999 for foreign National Parks, Historic Preservation, and System. assistance programs, focusing on infec- Recreation Subcommittee SD–366 tious diseases. To hold hearings on titles VI, VII, VIII, 2:30 p.m. SD–192 and XI of S. 1693, to renew, reform, re- Judiciary invigorate, and protect the National Immigration Subcommittee APRIL 28 Park System. Business meeting, to consider pending SD–366 calendar business. 10:30 a.m. SD–226 Appropriations Foreign Operations Subcommittee MAY 11 APRIL 2 To hold hearings on proposed budget es- 2:00 p.m. timates for foreign assistance pro- 9:00 a.m. Appropriations grams, focusing on Bosnia. Agriculture, Nutrition, and Forestry Defense Subcommittee Room to be announced To hold hearings on S. 1323, to regulate To hold hearings on proposed budget es- concentrated animal feeding oper- timates for fiscal year 1999 for the De- ations for the protection of the envi- APRIL 29 partment of Defense. ronment and public health. 9:30 a.m. SD–192 SR–332 Indian Affairs 9:30 a.m. To resume hearings to examine Indian MAY 13 Energy and Natural Resources gaming issues. 10:00 a.m. To hold hearings to examine the status Room to be announced Appropriations of Puerto Rico. 10:00 a.m. Defense Subcommittee SH–216 Appropriations To hold hearings on proposed budget es- Defense Subcommittee 10:00 a.m. timates for fiscal year 1999 for the De- Appropriations To hold hearings on proposed budget es- partment of Defense. Transportation Subcommittee timates for fiscal year 1999 for the De- SD–192 To hold hearings to examine airline partment of Defense, focusing on Bos- ticketing practices. nian assistance. SD–124 SD–192 E444 CONGRESSIONAL RECORD — Extensions of Remarks March 23, 1998 MAY 14 assistance programs, focusing on infec- POSTPONEMENTS 2:00 p.m. tious diseases. Energy and Natural Resources SD–124 MARCH 24 National Parks, Historic Preservation, and 2:30 p.m. Recreation Subcommittee MARCH 25 Finance To hold hearings on titles IX and X of S. 9:30 a.m. Social Security and Family Policy Sub- 1693, to renew, reform, reinvigorate, Commerce, Science, and Transportation committee and protect the National Park System, Business meeting, to mark up S. 1415, to To hold hearings to examine the social and S. 1614, to require a permit for the reform and restructure the processes security policy for children. making of motion picture, television by which tobacco products are manu- SD–215 program, or other forms of commercial factured, marketed, and distributed, to visual depiction in a unit of the Na- prevent the use of tobacco products by MARCH 26 tional Park System or National Wild- minors, and to redress the adverse life Refuge System. health effects of tobacco use, and to 2:00 p.m. SD–366 consider other pending calendar busi- Governmental Affairs ness. Oversight of Government Management, Re- OCTOBER 6 SR–253 structuring and the District of Colum- 9:30 a.m. bia Subcommittee Veterans’ Affairs MARCH 31 To hold hearings to examine the Govern- To hold joint hearings with the House ment management of electromagnetic Committee on Veterans Affairs on the 2:30 p.m. spectrum. legislative recommendations of the Energy and Natural Resources SD–342 American Legion. Water and Power Subcommittee 345 Cannon Building To hold hearings on S. 1515, to amend Public Law 89-108 to increase author- APRIL 1 ization levels for State and Indian trib- 9:30 a.m. CANCELLATIONS al, municipal, rural, and industrial Indian Affairs water supplies, to meet current and fu- To hold oversight hearings on barriers to MARCH 24 ture water quantity and quality needs credit and lending in Indian country. 10:30 a.m. of the Red River Valley, to deauthorize SR–48 Appropriations certain project features and irrigation Foreign Operations Subcommittee service areas, and to enhance natural To hold hearings on proposed budget es- resources and fish and wildlife habitat. timates for fiscal year 1999 for foreign SD–366 Monday, March 23, 1998 Daily Digest Senate Stevens (for Cochran/Bumpers) Amendment No. Chamber Action 2071, to provide assistance to replace or rehabilitate Routine Proceedings, pages S2377–S2450 trees and vineyards damaged by natural disasters. Measures Introduced: Fourteen bills were intro- Pages S2407, S2409 duced, as follows: S. 1809–1822. Page S2424 Stevens (for Boxer) Amendment No. 2072, to pro- vide additional funds for emergency levee repairs at Measures Reported: Reports were made as follows: Suisun Marsh, California. Pages S2407, S2409 Special Report entitled ‘‘Further Revised Alloca- Stevens (for Inouye) Amendment No. 2073, to tion to Subcommittees of Budget Totals from the provide additional funds for emergency maintenance Concurrent Resolution for Fiscal Year 1998’’ (S. dredging at Apra Harbor, Guam. Pages S2407, S2409 Rept. No. 105–171) Stevens (for Cochran/Bumpers) Amendment No. H.R. 400, to amend title 35, United States Code, 2074, to subsidize the cost of additional boll weevil with respect to patents, with an amendment in the eradication loans. Pages S2407±09 nature of a substitute. Page S2424 Stevens (for Boxer) Amendment No. 2075, to Emergency Supplemental Appropriations: Senate waive certain requirements with respect to emer- began consideration of S. 1768, making emergency gency disaster highway assistance necessitated by the supplemental appropriations for recovery from natu- 1997/1998 storms from El Nino. Pages S2407±09 ral disasters, and for overseas peacekeeping efforts, Stevens (for Lott) Amendment No. 2076, to pro- for the fiscal year ending September 30, 1998, tak- vide additional support for Democratic opposition in ing action on amendments proposed thereto, as fol- Iraq, and to provide for the establishment of Radio lows: Pages S2381±87, S2393±94, S2401±15 Free Iraq. Pages S2407±09 Adopted: Levin Amendment No. 2077, to urge the Presi- Byrd Amendment No. 2062, to establish an emer- dent to formalize certain benchmarks by agreement gency commission to study the trade deficit. with NATO and to provide for NATO review of any failures timely to achieve such benchmarks, and to Pages S2384±87 Stevens (for Domenici/Bingaman) Amendment impose related reporting requirements. No. 2067, to prohibit the Department of the Army Pages S2409±10 Stevens Amendment No. 2078 (to Amendment from moving forward with civilian personnel reduc- No. 2077), of a clarifying nature. Pages S2409±10 tions and the offer of Voluntary Separations Incen- Rejected: tive Pay (VSIP) and Voluntary Early Retirement Au- thority (VERA) benefits at all Army Test Ranges McCain Amendment No. 2063, to eliminate cer- tain spending items from the bill. (By 61 yeas to 31 until such time as the Congress has the opportunity nays (Vote No. 39), Senate tabled the amendment.) to consider the merits of such actions during the Fis- Pages S2402±06 cal Year 1999 Appropriations process, and to require Pending: that the VERA and VSIP benefits being currently Stevens (for Kyl) Amendment No. 2079, to pro- offered will continue to be available if necessary. vide contingent emergency funds for the enhance- Page S2401 ment of a number of theater missile defense pro- Stevens (for Craig) Amendment No. 2069, to grams. Page S2410 make technical corrections regarding a Forest Service Ashcroft Amendment No. 2080, to amend the transportation system moratorium. Pages S2407, S2409 Fair Labor Standards Act of 1938 to provide to pri- Stevens (for Daschle) Amendment No. 2070, to vate sector employees the same opportunities for provide additional funds for emergency river and time-and-a-half compensatory time off and bi-weekly shoreline repairs along the Missouri River in South work programs as Federal employees currently enjoy Dakota. Pages S2407, S2409 to help balance the demands and needs of work and D284 March 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D285 family, and to clarify the provisions relating to ex- ferred to the Committee on Foreign Relations. emptions of certain professionals from the minimum (PM–115). Page S2418 wage and overtime requirements of the Fair Labor Messages From the President: Pages S2417±18 Standards Act of 1938. Pages S2410±15 Senate will resume consideration of the bill on Communications: Pages S2418±24 Tuesday, March 24, 1998. Statements on Introduced Bills: Pages S2424±33 Energy Policy and Conservation—Conferees: The Additional Cosponsors: Pages S2433±34 Chair, pursuant to the order of February 12, 1998, Amendments Submitted: Pages S2434±47 appointed conferees on H.R. 2472, to extend certain programs under the Energy Policy and Conservation Notices of Hearings: Pages S2447±48 Act, as follows: Senators Murkowski, Nickles, Craig, Additional Statements: Pages S2448±49 Thomas, Bumpers, Bingaman, and Akaka. Record Votes: One record vote was taken today. Page S2415 (Total–39) Page S2406 Messages From the President: Senate received the Adjournment: Senate convened at 12 noon, and ad- following messages from the President of the United journed at 7:15 p.m., until 9:30 a.m., on Tuesday, States: March 24, 1998. (For Senate’s program, see the re- Transmitting a report concerning the national marks of the Acting Majority Leader in today’s emergency with respect to Angola; referred to the Record, on page S2450.) Committee on Banking, Housing, and Urban Affairs. (PM–114). Pages S2417±18 Committee Meetings Transmitting the annual report of the National Endowment for Democracy for fiscal year 1997; re- No committee meetings were held. h House of Representatives Committee on International Relations and ordered Chamber Action printed (H. Doc. 105–233); and Pages H1375±76 Bills Introduced: 3 public bills, H.R. 3474, 3528, National Endowment for Democracy: Message 3529, were introduced. Page H1378 wherein he transmitted the fiscal year 1997 Annual Reports Filed: Reports were filed as follows: Report of the National Endowment for Democracy— Filed on March 20, H.R. 2843, to direct the Ad- referred to the Committee on International Rela- ministrator of the Federal Aviation Administration tions. Page H1376 to reevaluate the equipment in medical kits carried Quorum Calls—Votes: No quorum calls or re- on, and to make a decision regarding requiring auto- corded votes developed during the proceedings of the matic external defilbrillators to be carried on aircraft House today. operated by air carriers, amended (H. Rept. Adjournment: Met at 2:00 p.m. and adjourned at 105–456); and 2:08 p.m. H.R. 3485, to amend the Federal Election Cam- paign Act of 1971 to reform the financing of cam- paigns for election for Federal office, amended (H. Committee Meetings Rept. 105–457, Part 1). Page H1378 No committee meetings were held. Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative f Nethercutt to act as Speaker pro tempore for today. COMMITTEE MEETINGS FOR TUESDAY, Page H1375 MARCH 24, 1998 Presidential Messages: Read the following mes- sages from the President: (Committee meetings are open unless otherwise indicated) National Emergency Re Angola: Message where- Senate in he transmitted his report concerning the national Committee on Appropriations, Subcommittee on Transpor- emergency with respect to Angola—referred to the tation, to hold hearings on proposed budget estimates for D286 CONGRESSIONAL RECORD — DAILY DIGEST March 23, 1998 fiscal year 1999 for AMTRAK, focusing on the future of Committee on the Judiciary, to hold hearings on pending AMTRAK, 9 a.m., SD–192. nominations, 2:30 p.m., SD–138. Subcommittee on Labor, Health and Human Services, Committee on Labor and Human Resources, to hold hear- and Education, to hold hearings on issues with regard to ings on proposed legislation relating to health care qual- Alzheimer’s disease, 9:30 a.m., SH–216. ity, 10 a.m., SD–430. Subcommittee on Agriculture, Rural Development, and Committee on Veterans’ Affairs, to hold hearings on S. Related Agencies, to hold hearings on proposed budget 1021, to provide that consideration may not be denied to estimates for fiscal year 1999 for the Farm Service Agen- preference eligibles applying for certain positions in the cy, Foreign Agricultural Service, and the Risk Manage- competitive service, 2:15 p.m., SR–418. ment Agency, all of the Department of Agriculture, 10 a.m., SD–138. NOTICE Subcommittee on Labor, Health and Human Services, For a listing of Senate committee meetings sched- and Education, to hold hearings on drug addiction and uled ahead, see pages E442–44 in today’s Record. recovery issues, 10:30 a.m., SH–216. Committee on Armed Services, Subcommittee on Acquisi- House tion and Technology, to hold hearings to examine Re- search, Development, Test and Evaluation management Committee on Appropriations, to consider the following: reform and related issues, 9:30 a.m., SR–232A. Emergency Supplemental appropriations for fiscal year Subcommittee on Strategic Forces, to resume hearings 1998; Emergency supplemental appropriations and reces- on proposed legislation authorizing funds for fiscal year sions bill for fiscal year 1998; and revised 302(b) subdivi- 1999 for the Department of Defense and the future years sions for fiscal year 1998, 10 a.m., 2359 Rayburn. defense program, focusing on Ballistic Missile Defense Subcommittee on Energy and Water Development, on Programs, 2:30 p.m., SR–222. U.S. Army Corps of Engineers, 2 p.m., 2362 B Rayburn. Committee on Commerce, Science, and Transportation, to Subcommittee on Interior, on the Department of En- hold hearings to examine business practices in the profes- ergy—Conservation, 1:30 p.m., 308–B Rayburn. sional boxing industry, 9:30 a.m., SR–253. Subcommittee on Labor, Health and Human Services, Full Committee, to resume hearings on proposed legis- and Education, on Office of AIDS Research; Office of the lation to reform and restructure the process by which to- Director—NIH; and Building and Facilities, 2 p.m., bacco products are manufactured, marketed, and distrib- 2358 Rayburn. uted, to prevent the use of tobacco products by minors, Subcommittee on Treasury, on the National Archives, and to redress the adverse health effects of tobacco use, 10 a.m., and on the GSA, 2 p.m., 2359 Rayburn. 2:30 p.m., SR–253. Subcommittee on VA, HUD and Independent Agen- cies, on NSF, 2 p.m., H–143 Capitol. Committee on Energy and Natural Resources, Subcommittee Committee on Banking and Financial Services, hearing on on National Parks, Historic Preservation, and Recreation, Assessing the Year 2000 Readiness of Critical Systems at to hold hearings on S. 887, to establish in the National HUD, Treasury, and Federal Financial Regulatory Agen- Park Service the National Underground Railroad Net- cies, 2 p.m., 2128 Rayburn. work to Freedom program, S. 991, to make technical cor- Committee on Commerce, Subcommittee on Telecommuni- rections to the Omnibus Parks and Public Lands Manage- cations, Trade and Consumer Protection, hearing on ment Act of 1996, S. 1695, to establish the Sand Creek Wireless Enhanced 911 Services, 2 p.m., 2123 Rayburn. Massacre National Historic Site in the State of Colorado, Committee on Education and the Workforce, Subcommittee and S.J. Res. 41, approving the location of a Martin Lu- on Workforce Protections, hearing on Federal Employ- ther King, Jr., Memorial in the Nation’s Capital, 2 p.m., ment Compensation Act, 10 a.m., 2175 Rayburn. SD–366. Committee on the Judiciary, to continue markup of H.R. Committee on Environment and Public Works, business 1252, Judicial Reform Act of 1997; and to mark up the meeting, to mark up S. 8, to reauthorize and amend the following: H.R. 3528, Alternative Dispute Resolution Comprehensive Environmental Response, Liability, and Act of 1998; H.R. 2652, Collections of Information Compensation Act of 1980 (Superfund), 11 a.m., Antipiracy Act; H.R. 2759, Health Professional Shortage SD–406. Area Nursing Relief Act of 1997; and H.R. 3529, Inter- Committee on Foreign Relations, Subcommittee on East net Tax Freedom Act, 2 p.m., 2141 Rayburn. Asian and Pacific Affairs, to hold hearings to examine the Subcommittee on Immigration and Claims, hearing re- present economic and political turmoil in Indonesia, fo- garding the immigration provisions of H.R. 2431, Free- cusing on causes and solutions, 10 a.m., SD–419. dom from Religious Persecution Act of 1997, 9:30 a.m., Committee on Governmental Affairs, Subcommittee on 2237 Rayburn. Oversight of Government Management, Restructuring Committee on Resources, Subcommittee on Forests and and the District of Columbia, to hold joint hearings with Forest Health, hearing on the following bills; H.R. 3381, the House Government Reform and Oversight Commit- Gallatin Land Consolidation Act of 1998; H.R. 2886, tee’s Subcommittee on Government Management, Infor- Granite Watershed Enhancement and Protection Act of mation, and Technology to examine the proposed ‘‘Fair 1997; California Spotted Owl Interim Protection Act of Competition Act of 1998’’, focusing on a new free market 1998; and H.R. 1021, Miles Land Exchange Act of 1997, approach to Federal contracting, 2 p.m., SD–342. 10 a.m., 1334 Longworth. March 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D287

Subcommittee on National Parks and Public Lands, Committee on Ways and Means, Subcommittee on Health, oversight hearing on Realty Appraisal Process on BLM hearing on patient confidentiality, 10 a.m., 1100 Long- Land Exchanges, 10 a.m., 1324 Longworth. worth. Committee on Rules, to consider the following: H.R. Permanent Select Committee on Intelligence, executive, brief- 2578, to amend the Immigration and Nationality Act to ing on Requirements Process, 2 p.m., H–405 Capitol. extend the visa waiver pilot program, and to provide for the collection of data with respect to the number of non- Joint Meetings immigrants who remain in the United States after the ex- piration of the period of stay authorized by the Attorney Joint Economic Committee, to hold hearings to examine General; and H.R. 2589, Copyright Term Extension Act, potential problems with cyber banking and protecting the 3:30 p.m., H–313 Capitol. cyber infrastructure while eliminating the potential of Committee on Science, Subcommittee on Technology and economic tampering and espionage, 10 a.m., SD–628. the Subcommittee on Early Childhood, Youth and Fami- Joint Hearing: Senate Committee on Governmental Af- lies of the Committee on Education and the Workforce, fairs, Subcommittee on Oversight of Government Man- joint oversight hearing on Educating our Children with agement, Restructuring and the District of Columbia, to Technology Skills to Compete in the Next Millennium, hold joint hearings with the House Government Reform 2 p.m., 2318 Rayburn. and Oversight Committee’s Subcommittee on Govern- Committee on Transportation and Infrastructure, to con- ment Management, Information, and Technology to ex- tinue markup of H.R. 2400, the Building Efficient Sur- amine the proposed ‘‘Fair Competition Act of 1998’’, fo- face Transportation and Equity Act, 3 p.m., 2167 Ray- cusing on a new free market approach to Federal contract- burn. ing, 2 p.m., SD–342. D288 CONGRESSIONAL RECORD — DAILY DIGEST March 23, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, March 24 12:30 p.m., Tuesday, March 24

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of 6 Suspensions: of S. 1768, emergency supplemental appropriations, and (1) H.R. 118, Traffic Stops Statistics Act of 1997; resume consideration of H.R. 2646, Education Savings (2) H.R. 2843, Aviation Medical Assistance Act of Act for Public and Private Schools, with a cloture vote 1997; to occur thereon. (3) H.R. 3211, Regarding Eligibility Requirements for (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- Burial in Arlington National Cemetery; spective party conferences.) (4) H.R. 3213, To Clarify Enforcement of Veterans’ Employment Rights; (5) H.R. 3412, Small Business Investment Company Technical Corrections Act of 1998; and (6) H.R. 3226, To Convey Certain Lands and Improve- ments in the State of Virginia. Consideration of 1 Corrections Day Measure: (1) H.R. 3096, To Correct a Provision Relating to Ter- mination of Benefits for Convicted Persons. NOTE: The House will meet at 12:30 p.m. for Morning Hour and 2:00 p.m. for legislative business. No recorded votes are expected before 5:00 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE

Hamilton, Lee H., Ind., E437 Horn, Stephen, Calif., E437 Kanjorski, Paul E., Pa., E437 Lantos, Tom, Calif., E440 LaTourette, Steve C., Ohio, E437 Neal, Richard E., Mass., E441 Packard, Ron, Calif., E441

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