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

Vol. 143 WASHINGTON, WEDNESDAY, JANUARY 29, 1997 No. 9 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 4, 1997, at 12:30 p.m. Senate WEDNESDAY, JANUARY 29, 1997

The Senate met at 9:30 a.m. and was schedule for today’s session. This PRIVILEGE OF THE FLOOR called to order by the President pro morning, the Senate will be proceeding Mr. D’AMATO. Mr. President, I ask tempore [Mr. THURMOND]. to executive session to begin 30 min- unanimous consent that Melody Fennel utes of debate on the nomination of and David Hardiman be permitted PRAYER Andrew Cuomo to be Secretary of privileges of the floor during consider- The Chaplain, Dr. Lloyd John Housing and Urban Development. All ation of the pending nomination. Ogilvie, offered the following prayer: Senators should expect the rollcall The PRESIDENT pro tempore. With- Almighty Lord, the same yesterday, vote to begin on that nomination at out objection, it is so ordered. today, and forever, You have been our approximately 10 a.m. this morning. Mr. D’AMATO. Mr. President, I rise help in ages past and are our hope for Following that vote, the Senate will today to support a native New Yorker, years to come. The sure sign of an au- begin a period of morning business to a fellow New Yorker, Andrew Cuomo, thentic relationship with You is that allow Senators to introduce legislation to be Secretary of the Department of we believe in the future more than the and make statements. Housing and Urban Development. I am past, and that our previous experiences The majority leader has also an- pleased that the Senate Banking Com- of Your grace are only a prelude to nounced that it is possible today the mittee reported Mr. Cuomo’s nomina- Your plans for us. Senate will begin debate on the nomi- tion yesterday by a unanimous vote. I Give us a fresh burst of enthusiasm nation of William Daley to be Sec- am privileged to support the confirma- for the next stage of the unfolding retary of Commerce. However, the roll- tion of a native New Yorker, particu- drama of the American dream. Infuse call vote on that nomination is not ex- larly one who has done so much in the our souls with vibrant patriotism, en- pected to occur until tomorrow and all area of housing in such a relatively ergize our efforts with the power of Members will be notified accordingly. short period of time. I commend Mr. Your spirit. You have made politics a f Cuomo for his record of public service, high calling. In response we commit EXECUTIVE SESSION first as an advocate for the homeless, our time, effort, and resources to the The PRESIDENT pro tempore. Under and second in terms of his stewardship sacred service of formulating public the previous order, the Senate will now as Assistant Secretary for Community policy in keeping with Your will for go into executive session to consider Planning and Development at HUD. our beloved Nation. May all that we do the nomination of Andrew Cuomo to be Since 1993, the Secretary has success- and are today be so obviously an ex- Secretary of Housing and Urban Devel- fully presided over an annual budget of pression of Your truth, righteousness, opment. nearly $10 billion, encompassing a wide and justice for our Nation that we can f diversity of housing, community, and press on with the confidence of Your economic development programs. He blessing. In the name of our Lord and NOMINATION OF ANDREW M. has shown innovation, insight, and Savior. Amen. CUOMO OF NEW YORK TO BE tireless efforts to serve our cities, sub- f SECRETARY OF HOUSING AND urbs and rural areas. He has done so in URBAN DEVELOPMENT RECOGNITION OF THE ACTING a way that has avoided partisanship MAJORITY LEADER The assistant legislative clerk read with an eye toward giving to many of the nomination of Andrew M. Cuomo of those who would otherwise not have The PRESIDENT pro tempore. The New York to be Secretary of Housing the opportunity for good, safe, afford- acting majority leader is recognized. and Urban Development. able housing. That is his record as it SCHEDULE The PRESIDENT pro tempore. The relates to the private sector in provid- Mr. COATS. Mr. President, on behalf able Senator from New York is recog- ing transitional housing for the home- of the majority leader I announce the nized. less.

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

S779 S780 CONGRESSIONAL RECORD — SENATE January 29, 1997 It is not good enough, Mr. President, I do not think it is going to be an Mr. Cuomo’s activities in the realm to simply say, ‘‘Let’s build a shelter, easy job to get additional resources of housing and urban development temporary, for the homeless,’’ and given the fact that the inspector gen- prior to his joining the Department at bring them off the streets and leave eral has indicated that there are some the beginning of the first Clinton ad- them in a situation that during the very severe problems that exist at ministration demonstrated the initia- day, or when the weather is not in- HUD. There are serious problems ahead tive and innovation that he has clement, they go back out into the that the new Secretary and the Con- brought with him to the Department. community and wander around aim- gress are going to have to deal with. He created HELP, a homeless assist- lessly. We cannot then think the com- HUD faces a fiscal crisis. Hard choices ance organization that is now the Na- munity has met its obligation, its are going to have to be made. tion’s largest provider of transitional moral and ethical responsibilities to This really calls upon all of us, in- housing for the homeless. He also de- those people—when we take them back cluding the Secretary under his leader- veloped the alternative approaches to in during inclement weather but again ship, to work together to ensure that urban revitalization and community discharge them. our Nation’s most needy, particularly development that led to the founding Mr. Cuomo, as a young man in 1986, our senior citizens, are not going to be of the Genesis project, a program that founded and served as president of jeopardized as a result of this fiscal cri- has created partnerships between State Housing Enterprise for the Less Privi- sis that we are facing. Again that crisis and local governments and the private leged, known as HELP. HELP is a pro- is going to be upon us sooner rather sector to provide affordable housing. vider of housing which uses a strategy than later. It will be with us this com- Mr. Cuomo has put this past experi- to move homeless people from the ing October. streets to transitional housing with In conclusion, Mr. President, I again ence and the vision connected there- supportive services to deal with the say that after a very thorough nomina- with to work over the past 4 years as number of problems that these families tion hearing, and Mr. Cuomo meeting HUD Assistant Secretary for Commu- may have, like drug addiction and alco- with just about every Banking Com- nity Planning and Development. His hol addiction. HELP was a model for mittee member, the committee unani- achievements during this period in his approach to homelessness that he mously voted for his confirmation. I that office were many. This morning, I utilized at the Department of Housing look forward to a successful confirma- want to underscore three achieve- and Urban Development. HELP is pro- tion of Andrew Cuomo so that we can ments, in particular, that indicate his viding assistance for over 4,000 people begin to work toward our mutual goals promise as he takes on the larger chal- each year. of improving access to housing in all of lenge of stewardship of the entire De- His grassroots background working our Nation’s communities. partment of Housing and Urban Devel- in communities, not coming in opposi- I strongly urge my colleagues to ap- opment. tion and thrusting a program upon the prove this confirmation, and I applaud First, I want to commend Mr. community, but working with the com- the President for choosing Andrew Cuomo’s administration of the HOME munity and the private sector, has Cuomo and designating him to be our Investment Partnership Program. helped provide him with the insights next Secretary of HUD. Chairman D’AMATO and former housing that I think are so necessary in order Mr. President, I yield the floor. subcommittee chairman, Senator Alan for us not to have a department that Mr. SARBANES addressed the Chair. Cranston, were very much involved in looks down upon the cities and the The PRESIDENT pro tempore. The establishing the HOME program. When States and the communities, but in- able Senator from Maryland is recog- the Clinton administration arrived, the stead works with them in partnership. nized. relatively new HOME program was Mr. President, let me suggest the De- Mr. SARBANES. I thank the Chair. moving slowly, seemingly mired in reg- Mr. President, I join my colleague, partment of Housing and Urban Devel- ulation. Mr. Cuomo took the initiative the chairman of the Banking Commit- opment needs a lot of work. It needs to in eliminating those regulations that tee, Senator D’AMATO of New York, in be improved. There are some very seri- were obstructing the program’s strong support of the nomination of ous problems. Indeed, unless we address progress. He worked closely with State Andrew Cuomo as the next Secretary those problems we could face a very and local governments and the private of the Department of Housing and difficult situation with hundreds of sector—both for-profit and nonprofit— Urban Development. thousands of people being in a position to identify the features of the HOME that they are unable to live in a decent In my judgment, Mr. Cuomo is well qualified for this position. In addition program that needed to change in order place. We are now approaching a situa- to allow the program to function bet- tion that has built up over the years. to his background, experience, and record of significant achievement, An- ter. The result of his hard work is the Our section 8 program’s current re- effective housing program that HOME newal budget is something in the area drew Cuomo will provide the Depart- ment with stability and continuity has become today. State and local gov- of $3.4 billion. That is what we are ernments, in conjunction with private going to spend to help people who live since he has been an Assistant Sec- retary at the Department over the past for-profit and private not-for-profit in this section 8 assisted housing pay partners, are producing significant re- for the differential in terms of what 4 years. As HUD’s Assistant Secretary for sults using HOME funds for activities they can afford to pay and what the ranging from housing rehabilitation to rent is established at. Mr. President, 38 Community and Planning Develop- home ownership assistance. percent are senior citizens. That budg- ment, Andrew Cuomo played a signifi- et need will rise this October from $3.4 cant role in this administration’s ef- Mr. Cuomo has also earned praise for billion to over $10 billion. forts to revitalize America’s distressed his tireless work on behalf of the home- The total HUD budget is only $20 bil- communities and a significant role in less. After 4 years as Assistant Sec- lion. And we have an increase of ap- their efforts to restructure the Depart- retary, he can take the credit for proximately $7 billion. Where will that ment itself. In that regard, outgoing changing the way that our Nation’s money come from? Are we going to in- HUD Secretary Henry Cisneros—who I homeless programs are administered at crease? Is the administration and the think deserves the thanks of all of us the local level. Under his leadership Congress going to increase by $7 billion for the very stellar service he has given communities have now instituted a the HUD budget? I do not think so. to the Nation—made significant continuum of care approach. The con- This is going to take innovative lead- progress in addressing the management tinuum of care is a phrase that Andrew ership. It is going to take a husbanding difficulties that confronted the Depart- Cuomo coined for a comprehensive sys- and directing of resources in the way ment at the beginning of his tenure. tem of assistance that provides preven- they should be directed to maximize Andrew Cuomo was part of that team, tion, outreach and screening, emer- our spending. I believe it will take a and his familiarity with the way the gency shelters, transitional and sup- more enlightened approach by the ad- Department works and the reforms portive housing, and permanent hous- ministration and Congress to deal with now underway will provide for a ing with services to the homeless the insufficiency of resources that HUD smooth transition that will allow this where needed. I have seen the effective- presently has. progress to move forward. ness of the service delivery that comes January 29, 1997 CONGRESSIONAL RECORD — SENATE S781 with the local planning and coordina- partner at an established law firm, he a critical role in helping to meet this tion that are at the core of the contin- answered the call to public service. In challenge. At HUD, he helped strength- uum of care approach. Andrew Cuomo 1986, he started an organization called en job creation tools, including the has made these happen. HELP, that worked to improve the Economic Development Initiative Third, Mr. Cuomo deserves recogni- lives of homeless people. which provides low-interest loans to tion for his direction of the HUD pro- Under his leadership, HELP grew to cities. With these tools, communities grams that assist local economic devel- 500 employees, and used its $30 million have leveraged over $8 billion from pri- opment. He has worked hard to make annual budget to build more than 120 vate sources, and helped put thousands the Community Development Block million dollars worth of housing and of Americans to work. Grant Program a more effective tool help thousands of homeless people In short, Andrew Cuomo offers the for local communities pursuing new move off the streets. talent, dedication, and leadership that economic development opportunities. While developing HELP, Andrew HUD needs to help communities meet He has also expanded the section 108 Cuomo realized that it was not enough the challenges of the next century. loan guarantee program, greatly im- to simply build housing. Although shel- During the Banking Committee hear- proving that program’s use by local ter was a key part of the formula for ing on his nomination, he dem- government. And, he has served ably as success, homeless people could not onstrated a keen understanding of the the principal Federal official charged move to productive lives without addi- problems facing HUD, including staff- with the implementation of the tional support. Consequently, HELP ing issues, expiring section 8 contracts, Empowerment Zone and Enterprise also provided opportunities designed to and the need to revitalize our cities. I Community Programs. All of these ac- make the homeless self-sufficient, in- am confident he will be an outstanding tivities will become increasingly im- cluding substance abuse treatment, Secretary, and I urge my colleagues to portant as the Nation struggles with mental health care, job training, edu- support his nomination. its commitment to move families from cation, and child care. Before closing, I would also like to This experience at the local level, the welfare to work. commend the outgoing Secretary, hands-on effort to build housing and Andrew Cuomo reiterated his com- Henry Cisneros, for his outstanding transform lives, gave Andrew Cuomo mitment to his role as HUD Secretary work. When he took the reins back in invaluable experience. He met a pay- in his statement before the Banking 1993, the future of HUD looked bleak. roll. He dealt with Government bu- Committee last week, and I quote him: The Department was still struggling to reaucracies. And he learned that pub- recover from years of corruption, mis- Our goal must be to create a future unlike lic-private partnerships will only work any that has come before—a future open to management, and low morale. The if everyone performs efficiently. turnaround has been remarkable. all—in which no person is left behind and in Andrew Cuomo brought those lessons which no community is forgotten. A future Under the leadership of Secretary to HUD, when he was confirmed as As- in which everyone willing to do his or her Cisneros, HUD is now a stronger part- sistant Secretary of Community Plan- part will be empowered with the tools to ner in the national effort to build bet- ning and Development in 1993. His con- reach as high as their talents and hard work ter communities. With a smaller work will take them. solidated planning effort merged 12 bu- force, HUD is running more efficiently. reaucratic processes into a streamlined Mr. President, it is clear why Presi- Around the country, people are regain- dent Clinton has selected Andrew system. This system reduced paperwork and ing confidence in the department. Cuomo as the next Secretary of the De- The changes in public housing are a partment of Housing and Urban Devel- redtape. Now communities can use Government programs more effec- good example of the changes. Every opment. I urge my colleagues to join Member of this body knows how badly with me in supporting this very fine tively. We need more efforts like this— where the Federal Government is not conditions had deteriorated in some nomination. public housing developments. Mr. President, I yield to the Senator the problem, but part of the solution. Additionally, Andrew Cuomo helped I have been through too many build- from Connecticut whatever time he make HUD’s homeless programs work ings that were covered with graffiti, may require. better. With the knowledge gained where the ceilings and walls were fall- Mr. DODD. Mr. President, I suggest from his experience at HELP, he imple- ing apart, and where families were the absence of a quorum. mented a new continuum of care strat- afraid to go out after dark because The PRESIDING OFFICER. The egy. This strategy addresses each part gangs controlled the neighborhood. clerk will call the roll. of the homeless problem—from the Secretary Cisneros saw this national The assistant legislative clerk pro- emergency situation where someone is disgrace, and took action. HUD is well ceeded to call the roll. sleeping on the street, to the drug and on its way to tearing down 100,000 units Mr. DODD. Mr. President, I ask unan- alcohol problems that must be treated of decayed and dangerous housing. imous consent that the order for the when a person is in transitional hous- Working with the resilient residents quorum call be rescinded. ing, to the final job-training efforts who want to build a better neighbor- The PRESIDING OFFICER (Mr. ROB- that are necessary to help someone be- hood, he has brought not only better ERTS). Without objection, it is so or- come a productive and member of soci- living conditions, but a sense of hope dered. ety. to families across this Nation. Mr. DODD. Mr. President, I rise This comprehensive approach to com- In my home State of Connecticut, today in strong support of the nomina- plex problems will be critical in the these efforts are helping to transform tion of Andrew Cuomo for the Sec- years ahead. Welfare reform will have a urban neighborhoods. At the Charter retary of Housing and Urban Develop- dramatic effect on cities across this Oak Terrace development in Hartford, ment. country. We must all work to ensure residents will soon have better hous- Those of us who have worked closely that efforts to solve one problem do ing, educational programs, and job op- with Andrew Cuomo over the years, not create new problems. portunities. In New Haven, the redevel- and have witnessed his remarkable In the years ahead, we must do much opment of the Elm Haven apartments range of skills, know that he will be- more to rebuild our cities. Too many will also help lift families out of pov- come an outstanding leader for the De- families are trapped by poverty and de- erty. partment. He has a remarkable record spair. We have to free their talents Working together, Henry Cisneros of achievement in both the public and with better educational and job-train- and Andrew Cuomo have already ac- private sectors. ing opportunities. And most impor- complished a great deal. With that ex- I commend President Clinton for se- tantly, we must help people find work, perience, Andrew Cuomo will hit the lecting him to help our communities because a good-paying job—and the re- ground running and build upon that prepare for the next century. spect and self-esteem that come with record of success. I look forward to For a number of years, Andrew it—provides the foundation for a better working with him in the years ahead. Cuomo worked on the frontlines of life. Let me say in summation for those of community development. Although he Andrew Cuomo’s dedicated efforts to us who have worked with and known could have lived a comfortable life as a expand economic opportunity will play Andrew Cuomo, this is going to be a S782 CONGRESSIONAL RECORD — SENATE January 29, 1997 very fine appointment. He understands state, you can see public housing firmation of Andrew Cuomo as the new the agency now, having been there for changing at the Orchard Park redevel- Secretary of Housing and Urban Devel- 3 years in a major capacity. He knows opment site in Boston and at the Jack- opment. the personnel. He has demonstrated son Parkway HOPE VI site in Holyoke, I want my colleagues to know that abilities, as I mentioned, in developing MA. These HOPE VI sites have become Mr. Cuomo is a proven leader in the the kind of efficiencies in HUD that are the lifeblood for thousands of people housing and community development absolutely critical. and whole communities. field. For the past 4 years, he has My hope is that the housing issues We can also talk about HUD’s posi- served as the assistant secretary for and related subject matters will once tive role as a partner with our States HUD’s Office of Community Planning again become what they were initially, and cities: In Massachusetts, HUD is a and Development. While managing a and that is a bipartisan subject. When partner with the State housing agency $10 billion portfolio that has doubled housing initiatives were identified and in a property disposition demonstra- over the last 4 years, he helped reduce supported back in the late 1940’s, it was tion. In the neighborhoods of Roxbury administrative overhead by 20 per- through the efforts of Republicans and and Allston-Brighton, HUD is a partner cent—helping us to get more bang for Democrats who said that decent, af- with the city and the nonprofit com- the taxpayers buck. Mr. Cuomo’s ef- fordable shelter ought not to be some- munity development corporations forts in merging 12 bureaucratic proc- thing that divides people based on poli- using CDBG and HOME funds to revi- esses into one streamlined system tics or party. I think it is vitally im- talize distressed neighborhoods. known as consolidated planning won portant we get back to that. And, we are able to change the way him the Innovations in American Gov- We have a wonderful opportunity, in we talk about cities: Violent crimes in ernment award for 1996 from Harvard my view, with the chairman of the the Nation’s 50 largest cities have de- University’s John F. Kennedy School committee, Senator D’AMATO, and the clined by an average of 13 percent, un- of Government. His goal of streamlin- ranking member, Senator SARBANES, employment has been cut by 3.1 per- ing, decentralizing, and consolidating who understand these issues, and a cent in the past 4 years, and home own- programs is one that I have advocated very fine staff that wants to work on ership has expanded with nearly 700,000 for years as chairman and ranking them. The fact that Andrew Cuomo central city residents having become member of the VA, HUD and Independ- comes from New York, the home State homeowners since 1990. ent Agencies Appropriations Sub- of the chairman of the committee, can Andrew Cuomo has played an impor- committee. Many of Mr. Cuomo’s ini- only strengthen the excellent relation- tant role in these changes. He has tiatives were based on the rec- ship between the Senate Banking Com- helped to change this agency and its ommendations made by the National mittee and HUD. I look forward to a role in America’s communities. And, Academy of Public Administration in a new era of cooperation and bipartisan- because he has been a major player at report that I commissioned as chair- ship in seeing to it that decent, afford- HUD over the last 4 years, he will be man of the subcommittee. able shelter and economic development able to capitalize on the progress that Mr. Cuomo has also overseen the im- are given the attention they deserve. he and his predecessor have made. plementation of the Empowerment With that in mind, I am delighted to We can be confident that Andrew Zone and Enterprise Community Ini- join my colleague from New York and Cuomo will be successful over the next tiative, which has combined local com- my colleague from Maryland and oth- 4 years because he has been extremely munity planning with Federal dollars ers in strongly endorsing the nomina- successful over the last 4. Mr. Cuomo to help produce new jobs and housing tion of Andrew Cuomo to be the Sec- has directed the empowerment zone in 72 cities. He also created a new eco- retary of Housing and Urban Develop- and enterprise community programs nomic development initiative which ment. for the Federal Government, he has worked in conjunction with a loan I yield the floor. made major changes in the administra- guarantee program to provide $1.85 bil- Mr. KERRY. Mr. President, today I tion of HUD’s homeless assistance pro- lion in much needed low-interest loans would like to stress my unambiguous grams, he has nurtured and supported for cities in 1995, up from $229 million support for President Clinton’s nomi- the highly successful YouthBuild Pro- in 1993. Mr. Cuomo’s work on imple- nation of Andrew Cuomo to serve as gram, and he has expanded and im- menting the continuum of care strat- the next Secretary of the Department proved upon the role that HUD plays in egy to help the homeless has led to 14 of Housing and Urban Development. assisting the economic development of times as many homeless people being In my opinion, Mr. Cuomo has the distressed communities. He has already served with only twice the funding. In potential to be one of the strongest made a major mark. He is well pre- addition, his emphasis on coordination HUD Secretaries in the agency’s 30 pared to take over the reins at HUD. of services and resources has generated years of existence. Not only does An- In closing, Mr. President, let me reit- 30 times more private and nonprofit drew Cuomo bring strong and relevant erate my strong support for this nomi- dollars since 1992. His focus on real re- skills to this job, but Mr. Cuomo will nee. Most importantly, he comes from sults instead of simplistic statistical inherit an agency that is moving in the one of the major urban centers in the compilations of program activity is right direction. country and from a tradition of paying one which I share and strongly com- HUD is in much better shape than attention to and assisting our commu- mend. the agency was in when Henry Cisneros nities. Over the course of the next few Mr. Cuomo’s service in the field dates arrived. HUD had suffered greatly dur- years, HUD could face some very tough back to his founding in 1986 of HELP— ing the 1980’s from mismanagement choices and we need to understand Housing Enterprises for the Less Privi- and scandal. Secretary Cisneros ap- what the consequences of those choices leged, which grew to become the Na- plied his boundless energy and unique will be. Andrew Cuomo is wholly quali- tion’s largest provider of transitional vision to a very difficult task. Those fied to meet the challenges that he will housing for the homeless. Mr. Cuomo who oppose HUD’s important mission face. As the ranking member of the also founded the Genesis project— tried to use the management difficul- subcommittee with primary respon- which develops comprehensive ap- ties at HUD as an excuse for eliminat- sibility for HUD and its programs, I proaches to linking community devel- ing the agency. The success of Sec- pledge to do all that I can to aid Mr. opment with affordable housing. His retary Cisneros’ stewardship has de- Cuomo in succeeding as HUD Sec- experiences on the front lines of the flated calls for HUD’s elimination and retary. I look forward to working with battle against urban poverty and de- has instead changed the national con- him over the next 4 years to restore spair help him to make practical deci- versation about HUD and housing pol- the agency, reinforce its mission, pre- sions that work in the real world. icy. serve affordable housing, and make sig- Mr. President, I look forward to In this new conversation on housing nificant progress in meeting the hous- working with Mr. Cuomo on making programs, we can talk about the trans- ing needs of our people and in revitaliz- the Department of Housing and Urban formation of public housing. You can ing our distressed communities. Development a more effective and effi- easily witness this transformation at Ms. MIKULSKI. Mr. President, I offer cient agency. There are major issues many sites across the country. In my today my strong support for the con- that the Department and the Congress January 29, 1997 CONGRESSIONAL RECORD — SENATE S783 must address this year. We must con- cause many of the 20-year contracts for projects in revitalization efforts in our tinue to work to find solutions to the section 8 housing are expiring, new inner cities and in rural towns. problem of the over-subsidized Section Federal commitments of $16.4 billion I was very impressed with his obser- 8 assisted housing inventory. I will are needed by the year 2002. Continuing vation that ‘‘the pride and dignity of continue to insist that we don’t create this basic HUD program will require having a job and earning one’s own an additional burden for the taxpayers, careful balancing to avoid crowding bread is the best social services pro- and that we find a solution that does out other needed housing and commu- gram that exists.’’ not lead to community destabilization. nity development programs. Mr. President and Senate colleagues, Mr. President, we must also work I have personally worked with Mr. I highly recommend Andrew M. Cuomo with Mr. Cuomo to ensure that HUD Cuomo in his valiant efforts to increase for the important job of Secretary of maintains proper oversight and stand- funding for housing the homeless while Housing and Urban Development. I ards for local public housing authori- streamlining the many HUD homeless urge you to vote in favor of his con- ties. HUD must stand sentry and en- programs. Together, and with the able firmation today. If you vote to confirm sure that local public housing authori- guidance of the Senate Banking Com- Mr. Cuomo, you will be doing a great ties are providing real opportunities— mittee chairman, Senator D’AMATO, we service to the millions of Americans not hollow opportunities—and ensuring have consolidated them into fewer whose lives will be touched by his ac- adequate housing for the poor citizens grants with greater and more reliable tive and creative leadership. of our Nation. I want to work with Mr. impact on the very tough problems of Ms. MOSELEY-BRAUN. Mr. Presi- Cuomo on ending what I call the zip homeless Americans. dent, I strongly support the nomina- codes of pathology that have resulted A little known HUD section 811 pro- tion of Assistant Secretary Andrew from the programs of the past. We have gram for the disabled has come a long Cuomo to be the next Secretary of the repealed—in our annual appropriations way under Mr. Cuomo’s direction. HUD U.S. Department of Housing and Urban bills—the Federal preferences that con- makes better housing available for the Development and I look forward to his centrated the poorest of the poor in mentally ill and mentally retarded at confirmation by the Senate today. one area. I will work with Mr. Cuomo reasonable costs, so that a handicapped As a member of the Banking Com- and my colleagues on the Banking person living on supplemental security mittee, I had the pleasure of partici- Committee to make these repeals per- income and Medicaid can afford to try pating in Mr. Cuomo’s confirmation manent, in addition to the repeal of more independent living. More group hearing. I continue to be impressed by such Federal requirements as one-for- homes have been started to give these Mr. Cuomo’s commitment to expanding one replacement, take-one-take-all, disabled Americans a fighting chance housing opportunities for the people of and endless leases. at independent living. I am confident this Nation and to cutting the bureauc- Mr. President, there is much work to that Secretary Cuomo will not abandon racy which too often hinders such ef- be done at HUD. We must continue to the mentally ill or the homeless when forts. streamline the agency, demolish the he makes his hard budget choices in When Congress passed the Public worst public housing, and deliver pro- the next few critical years. Housing Act of 1937, the findings stat- grams that focus on personal and com- Andrew Cuomo is the founder of the ed, ‘‘It is the policy of the United munity empowerment. I was pleased to largest provider of homeless services in States to promote the general welfare see in Mr. Cuomo’s testimony before the Nation. He did this in his native of the Nation by employing its funds the Senate Banking Committee on Jan- State of New York. There he learned and credit * * * to remedy the unsafe uary 22, 1997, he noted that ‘‘the object first hand the true value of federal and unsanitary housing conditions and of our efforts must be the development housing assistance as well as its limi- the acute shortage of decent, safe, and of self-sufficiency, not the perpetua- tations and frustrations. Now he will sanitary dwellings for families of lower tion of government programs.’’ Indeed, lead the nation’s efforts to help others income * * *’’ In other words, it is in the days of a bloated bureaucracy with like himself do the best possible for the Nation’s best interest to invest in a focus only on bricks and mortar are those most in need of temporary and housing for the American people. gone. We must combine local sweat eq- permanent housing. In both word and deed, Andrew uity and public-private partnerships Before he left his widely respected Cuomo has demonstrated that he be- with Federal dollars to help rebuild the HELP nonprofit in New York, Andrew lieves in the goals of the 1937 act. From social fabric of our deteriorating com- Cuomo had built an organization with his work founding HELP, the Nation’s munities. I look forward to working 350 employees, a $25 million budget, largest nonprofit provider of transi- with Mr. Cuomo to make HUD a model and more then $120 million worth of tional housing for the homeless, to his agency that makes a real difference in needed and affordable housing. While efforts as Assistant Secretary for the the lives of the people it serves. I will serving as HUD Assistant Secretary for Office of Community Planning and De- support his efforts to make HUD Community Planning and Develop- velopment at HUD, Secretary-des- smarter, smaller and better. I am cer- ment, Andrew Cuomo got the ignate Cuomo’s commitment to ex- tain he is up to the task. Empowerment Zone and Enterprise panding housing opportunities for all Mr. DOMENICI. Mr. President, I be- Community Programs up and running Americans is clear. lieve Andrew M. Cuomo has the poten- after a stiff national competition to se- His work was recognized by former tial to be our Nation’s finest Secretary lect participating towns and cities in New York City Mayor David Dinkins of Housing and Urban Development. I urban and rural America. who named Andrew Cuomo chairman of am impressed with his understanding Under his leadership, the fledgling the New York City Commission on the of our Nation’s budget situation, and I HOME affordable housing program in- Homeless. The commission’s report, am equally impressed with his commit- creased its achievements from less ‘‘The Way Home: A New Direction in ment to meeting the housing chal- than 2,000 units of affordable housing Social Policy,’’ suggested a continuum lenges of needy Americans. to over 110,000 units across America. of care policy that was adopted by the Andrew Cuomo impressed the Senate Andrew Cuomo created the HUD Eco- mayor and has been recognized nation- Banking Committee with his under- nomic Development Initiative, now ally as a model for ending homeless- standing of the section 8 crisis that is seen by mayors as their most flexible ness. upon us. Section 8 is the program by economic development tool for revital- One of the reasons that I am particu- which HUD provides landlords with the izing poor communities through a larly pleased to be supporting this necessary subsidies to allow them to unique combination of HUD resources. nominee today is that his approach to rent their property to low-income As he said in his confirmation hear- expanding housing opportunities is Americans. A typical section 8 HUD ing, HUD can be a vital partner with multifaceted. When we talk about payment will make up the difference State and local government by being housing, we are, in reality, talking between the actual market rent and ‘‘smarter, smaller, and better.’’ He has about community. The home is the the ability of the renter to pay. Thus, a keen eye for the projects that can at- building block of the community which landlords continue to provide private tract private sector support. He under- in turn is the building block of the Na- housing stock to needy Americans. Be- stands the support HUD can give these tion. S784 CONGRESSIONAL RECORD — SENATE January 29, 1997 In order to build community, it is Cuomo on his promotion or offer my The PRESIDING OFFICER. Without foolish to ignore the availability of sympathies. However, I do know that objection, it is so ordered. capital, the presence or lack of jobs, outgoing Secretary Cisneros is leaving Mr. D’AMATO. Mr. President, I yield the wealth or poverty of the residents, the Department in good hands, and I back any time that we might have, and or the ability of people to pay their look forward to working with Sec- I ask for the yeas and nays. own way, now or in the future. retary Cuomo in the years ahead to ad- The PRESIDING OFFICER. Is there a Andrew Cuomo understands that peo- dress these and other problems facing sufficient second? ple often need not only a home, but a our Nation’s housing programs. There is a sufficient second. job to pay for that home. And he un- Andrew Cuomo had nationwide re- The yeas and nays were ordered. derstands the fundamental role of pub- sponsibilities which he exercised with Mr. SARBANES. I yield back any lic/private partnerships in providing great skill. In Vermont we look at the time remaining on this side. access to both. people who turned to him for help in The PRESIDING OFFICER. The Under his tenure as Assistant Sec- my home city of Burlington. He lis- question is, Will the Senate advise and retary for Community Planning and tened. He helped. Today their life is consent to the nomination of Andrew Development, there has been an in- better because of him. M. Cuomo, to be Secretary of Housing crease in the amount of investment Mrs. BOXER. Mr. President, I am and Urban Development? On this ques- available for job creation, business ex- very pleased about President Clinton’s tion, the yeas and nays have been or- pansion, and capital access for cities, a nomination of Andrew Cuomo for Sec- dered, and the clerk will call the roll. more effective strategy for reducing retary of the Department of Housing The legislative clerk called the roll. homelessness, and the implementation and Urban Development, and am de- Mr. FORD. I announce that the Sen- of the important empowerment zone/ lighted to support this nomination. ator from Hawaii [Mr. INOUYE] is nec- enterprise community initiatives. Secretary-designate Cuomo’s accom- essarily absent. Any new Secretary of HUD will face plishments in the private sector and as The PRESIDING OFFICER. Are there enormous challenges, not the least of Assistant Secretary of HUD’s Office of any other Senators in the Chamber de- which will be how to effectively Community Planning and Development siring to vote? streamline and improve the HUD bu- are numerous. Housing assistance sys- The result was announced—yeas 99, reaucracy. Good ideas and sound ef- tems developed by Andrew Cuomo have nays 0, as follows: served as model systems, achieving forts are often prevented from succeed- [Rollcall Vote No. 3 Ex.] ing because the costs of the bureauc- success all across this Nation. At his hearing last week, Secretary- YEAS—99 racy are too great. Efficiency and eco- designate Cuomo showed his knowl- Abraham Faircloth Lott nomic savings must go hand-in-hand edge, not only of the management Akaka Feingold Lugar with vision and hard work. I am con- Allard Feinstein Mack problems within HUD, but of the sub- fident that Andrew Cuomo is the right Ashcroft Ford McCain stantive programs as well. Moreover, Baucus Frist McConnell person to address this set of problems. Secretary-designate Cuomo expressed Bennett Glenn Mikulski I look forward to the rapid confirma- his vision for HUD with a refreshing re- Biden Gorton Moseley-Braun tion of Andrew Cuomo to be the Sec- Bingaman Graham Moynihan alism. He understands HUD’s mission, retary of the Department of Housing Bond Gramm Murkowski and the limited discretionary spending Boxer Grams Murray and Urban Development. to achieve the goals of providing hous- Breaux Grassley Nickles I support his confirmation and look Brownback Gregg Reed ing assistance in this country. Bryan Hagel Reid forward to working with him to tackle The issues I am primarily concerned the challenges facing America’s com- Bumpers Harkin Robb about working on were clearly under- Burns Hatch Roberts munities at the end of the 20th century stood by the Secretary-designate. Cali- Byrd Helms Rockefeller and the beginning of the 21st century. fornia faces the brunt of the burden Campbell Hollings Roth Mr. LEAHY. Mr. President, it is a Chafee Hutchinson Santorum with regard to section 8 renewals, pres- pleasure to have the opportunity to Cleland Hutchison Sarbanes ervation, and the impact of welfare re- Coats Inhofe Sessions cast my vote today in support of the form on housing. Another issue I will Cochran Jeffords Shelby Collins Johnson Smith, Bob nomination of Andrew Cuomo for Sec- continue to try and resolve with HUD retary of Housing and Urban Develop- Conrad Kempthorne Smith, Gordon and the Veterans’ Administration is Coverdell Kennedy Snowe ment. Given the opportunity to choose homelessness among veterans who Craig Kerrey Specter a replacement for outgoing Secretary fought this country’s wars. D’Amato Kerry Stevens Henry Cisneros, I would be hard Daschle Kohl Thomas I believe Andrew Cuomo is distinctly DeWine Kyl Thompson pressed to find a better candidate. qualified to be Secretary of HUD. The Dodd Landrieu Thurmond Andrew Cuomo has spent his life Secretary-designate has been with Domenici Lautenberg Torricelli helping low-income families find an- HUD in a leadership capacity since Dorgan Leahy Warner swers to housing problems. His work to Durbin Levin Wellstone 1993. He worked closely with outgoing Enzi Lieberman Wyden combat homelessness in New York and Secretary Henry Cisneros and under- NOT VOTING—1 most recently at the Department has stands the complex matrix that makes helped to take countless needy people up HUD’s existing programs. From his Inouye off of the streets and put them back on background, experience, and responses The nomination was confirmed. their feet. His innovative continuum of at his nomination hearing last week, Mr. NICKLES. Mr. President, I wish care initiative provided the impetus for Mr. Cuomo has shown he understands to extend my congratulations to Mr. Vermont and other States to bring to- what it will take to improve upon that Cuomo. gether housing and service providers matrix. f and develop a comprehensive plan for Americans all across this Nation, in LEGISLATIVE SESSION dealing with homelessness. This ap- both urban and rural areas, can expect proach has ensured that the Depart- changes positively affecting housing The PRESIDING OFFICER. Under ment’s homelessness programs get the assistance. Again, I fully support Mr. the previous order, the Senate will re- most bang-for-the-buck, and should Cuomo’s nomination as Secretary of turn to legislative session. serve as a model for other Federal pro- HUD. f grams. Mr. President, I suggest the absence MORNING BUSINESS That Yankee knack for cost cutting of a quorum. will serve him well in his new position. The PRESIDING OFFICER. The Mr. NICKLES. Mr. President, I ask When I look at the funding problems clerk will call the roll. unanimous consent that there now be a ahead for the section 8 housing pro- The legislative clerk proceeded to period for the transaction of morning gram and the uncertain impact of wel- call the roll. business with Senators permitted to fare reform on the cost of HUD rental Mr. D’AMATO. Mr. President, I ask speak up to 10 minutes each. assistance programs, I don’t know unanimous consent that the order for The PRESIDING OFFICER. Without whether to congratulate Andrew the quorum call be rescinded. objection, it is so ordered. January 29, 1997 CONGRESSIONAL RECORD — SENATE S785 ORDER OF PROCEDURE called it ‘‘the war to end all wars.’’ Of Veterans Day commemorates the courage course, we could not know that just two dec- and patriotism of all of America’s veterans Mr. NICKLES. Mr. President, for the ades later another war would engulf the who have contributed so much to the cause information of all Senators, there will world. of world peace and the preservation of our be no further rollcall votes today. World War II would claim four times as way of life. Members may continue to introduce many American lives as World War I. When This is our day to honor those veterans legislation and make statements dur- the Germans invaded Poland in 1939, the sacrificed in those struggles and pay our re- ing the morning business period. It is world entered a holocaust unparalleled in spects to those who survived their fallen possible that later today the Senate world history. comrades. Never before had war been waged by so It is a day to celebrate the bright victories may debate the nomination of William many people, over so much of the globe, with that grew from dark battles. Daley to be Secretary of Commerce. such loss of life and destruction of property. It is a day to review memories of past However, the rollcall vote on Mr. Daley Although, 90 million troops from both sides honor and sacrifice. will not occur until tomorrow morning, took part in the war; 17 million of them— It is a day to dream of a brighter future. possibly at 9:45 or 10 o’clock. We urge nearly one out of five—were consumed by it. It is a day to celebrate peace. all colleagues to be prompt. I thank my Another 18 million—civilians—died as a di- We can never say it too often: We are the children of your sacrifice, and we are grate- colleagues. I yield the floor. rect result of it. We’ll never know the precise total of soldiers and civilians wounded and ful. I suggest the absence of a quorum. missing. General Douglas MacArthur spoke of the The PRESIDING OFFICER (Mr. America mustered more than 16 million American soldier as ‘‘one of the world’s no- BROWNBACK). The clerk will call the troops to battle on many fronts. When the blest figures.’’ roll. war ended in 1945, more than 400,000 of them Yet what sets apart the veterans we honor The legislative clerk proceeded to had lost their lives. today? How do we identify them? call the roll. Within five short years, our nation’s men In truth, our veterans are the very embodi- Mr. BUMPERS. Mr. President, I ask and women would be summoned to answer ment of America itself. They reflect the di- versity and strength that is the core of our unanimous consent that the order for the threat in a place deceptively known as the ‘‘Land of the Morning Calm.’’ nation. the quorum call be rescinded. Before the Korean War came to a close Veterans are white . . . and they are black; The PRESIDING OFFICER. Without with an uneasy truce in 1953, nearly 35,000 they are of every race and ethnic heritage. objection, it is so ordered. Americans died, and more than 100,000 were They are men, and they are women. They are Mr. BUMPERS. Mr. President, I ask wounded. Christians, they are Muslims, they are Jews. unanimous consent that I be permitted In 1954, Armistice Day was redesignated They’re your neighbor next door, the mer- to proceed for not to exceed 20 minutes ‘‘Veterans Day.’’ chant at the mall, and the police officer on unless the majority leader comes on First conceived to recognize those veterans the corner. who had died in World War I, the observance They are doctors and farmers, they are fac- the floor and seeks recognition. now was given a broader scope: to honor all tory workers and schoolteachers. The PRESIDING OFFICER. Without American veterans in whatever war or period They are 26 million Americans living today objection, it is so ordered. of peace they served. who served in the armed forces, and there The Senator from Arkansas is recog- For they were, and are, made of the same are more than one million who have died in nized. stuff. They were, and are, equally passionate America’s wars. Mr. BUMPERS. I thank the Chair. in their patriotism and love of liberty. Most of these veterans are unsung heroes, (The remarks of Mr. BUMPERS per- We could not enjoy our freedom today were ordinary citizens who did their duty. Their taining to the introduction of S. 229 are it not for the courage of those who defended deeds have never been chronicled. us when we needed defending. Those veterans who returned home after located in today’s RECORD under In the time of Vietnam, we had heroes and World War II, and those who did not, were all ‘‘Statements on Introduced Bills and didn’t see them. A million Americans sol- part of a generation from which we take in- Joint Resolutions.’’) diered there, and more than 58,000 of them spiration. f died, some bravely, some just unluckily, all They won the war, and then made sure we in the service of their country. would not lose the peace. Without their sub- A GRATEFUL NATION REMEMBERS Neither the passage of time nor the van- ordination of self to the common good, our Mr. FORD. Mr. President, shortly be- tage point of historical perspective has pro- world would be radically different. fore closing his office, our dear former vided this country with answers about Viet- The tradition of the World War II veteran colleague, Howell Heflin, asked that I nam or its veterans. is the tradition of all American veterans. The sense of being alone may be the hall- From Lexington to Concord, that tradition insert in the CONGRESSIONAL RECORD a mark of the Vietnam experience—and it is has sustained us in every battle and every speech made by Greg Reed, national taking many years to heal the social wounds war, right up through Desert Storm. commander of the Disabled American inflicted by that war. It has marched with us and stood vigil in Veterans, at a banquet held in Bir- William Broyles, Jr., a former editor-in- the frozen camps of Valley Forge, the steam- mingham the day before Veterans Day. chief of Newsweek and a Marine infantry of- ing jungles of the Pacific rim, the bloody I would agree with Senator Heflin ficer in Vietnam, once said. beaches of Normandy, the rice paddies of that Mr. Reed’s speech is an excellent ‘‘The war in Vietnam divided America, Korea and Vietnam, and the scorching sands most of all by driving a wedge between those of the Persian Gulf. one, and I would ask for unanimous who went and those who didn’t. Vietnam di- In that tradition, young, inexperienced consent that his remarks be printed in vided us and troubles us still, not only in the Americans become tough, capable soldiers. the RECORD. hearts and minds of veterans and their fami- They become veterans. There being no objection, the re- lies, but in our crippled self-confidence. It is And they remind us all that this great na- marks were ordered to be printed in a specter we have yet put to rest, a wound in tion was not established by cowards, nor will the RECORD, as follows: need of healing.’’ cowards preserve it. For many of our fellow veterans the Viet- America will remain the land of the free A GRATEFUL NATION REMEMBERS nam war is still a terrible burden. There are only so long as it is the home of the brave. (Remarks by Greg Reed) too many unanswered questions about the What we remember and honor on Veterans Each year Americans give pause on Veter- delayed time bombs in their bodies and Day are those brave men and women who be- ans Day to remember and honor the millions minds, too many unfulfilled promises about lieved so much in an idea, and were so pos- of men and women who have donned the uni- their education and their employment. sessed by a sense of duty and honor, that forms of our great Nation in defense of free- We owe them more than that. It is past they were willing to risk death for it. And dom and democracy. It is a time set aside for time to remember the extraordinary service the idea, of course, is liberty. our Nation to recognize the vanguard of free- of these ordinary Americans. Liberty is America’s core. It is central to dom—American’s veterans. When their country called, they answered, our being, not only because it is practical Our national tradition of honoring Amer- and they fought with all of the courage and and beneficial, but because it is morally just ican veterans on a special day began one valor of any army this nation ever sent into and right. But that liberty can be retained year after World War I ended. battle. only by the eternal vigilance that has always On November 11, 1919, President Woodrow The men and women who served in the been its price. Wilson proclaimed that each November 11 Gulf War paid another installment on a great Americans hate war and its destructive- was to be commemorated as ‘‘Armistice debt that will never be erased so long as ness. Our history reveals a passion to ex- Day,’’ a day of remembrance to honor the there are blood-bent tyrants in the world. plore, to build, to renew, not to destroy. 116,000 American ‘‘doughboys,’’ who, in World And, like their predecessors at Gettysburg, The American spirit is not driven toward War I, died on the battlefields of Europe. Normandy, Guadalcanal, Inchon or Khe the domination of others. The Great War—that’s what we called Sanh, they paid in time . . . in effort . . . Never has the American soldier been sent World War I. Sometimes, in our idealism, we and in blood. overseas to fight in the cause of conquest. S786 CONGRESSIONAL RECORD — SENATE January 29, 1997 Not once did they come home claiming a The belief that sustained our troops in air fleet, its own flight instruction, its single square inch of some other country as combat was as great as America herself. own meteorology training, and its own a trophy of war. Their heroism was prompted by faith in aircraft and engine student mainte- The only land abroad we occupy is beneath the fundamentals that have guided this na- nance programs. Under the critical the graves where our heroes rest. tion from its beginnings—the idea that lib- The American spirit understands that free erty must be protected, whatever the cost. eyes of certified instructors, under- people who respect the dignity of the individ- We must nurture and sustain those who graduates perform all engine and air- ual do not wage war upon their neighbors. distinguished their lives in the defense of frame maintenance. I understand there The American spirit has a warm heart that freedom. We must provide a dignity befitting never has been a safety incident attrib- yearns for mutual understanding and peace heroes . . . whatever the cost. utable to their work. among nations of the world. This Veterans Day we should remember By invitation of the U.S. Army in And as deeply as we cherish our beliefs, we our history as we prepare for our future, do not seek to compel others to share them. Europe, Embry-Riddle now offers col- pray for peace as the poets and dreamers do, lege classes to our servicemen deployed It is one of the great attributes of this na- and on this day each year remember to be tion that we have been willing to take up the vigilant against threats to democracy and, north of Croatia in support of Oper- mantle to fight for freedom on behalf of oth- most importantly, ratify our contract with ation Joint Endeavor. This newest ers. American veterans. service adds to the university’s exten- Even as I stand before you today, Amer- We know that if the world is faced with the sive network of more than 100 edu- ican forces are once again in harm’s way— unfortunate occurrence of war, American cation centers throughout the United standing watch in Bosnia as that nation men and women will be there to meet the struggles toward peace. States and Europe. challenges, defend our nation, and work to- And why are we there? Because the Amer- A late December item from the ward peace. ican spirit is committed to protect and pre- Kiplinger Washington Letter refers to America can and will change, both today serve our friends from suppression in a tur- global companies relying on associates and in the future. However, what must not bulent world. change—not today, not tomorrow, not ever— who work in team settings or situa- We have come to realize that we are, in- tions. Embry-Riddle student assign- deed, our brothers’ keepers. is our recognition of the debt we owe to Just in the last decade, our world has un- America’s veterans for keeping the Amer- ments routinely involve team involve- dergone a massive realignment. ican way of life safe and free. ment. They take it a step further— The Soviet empire has dissolved, and the God bless America, and God bless those through distance learning. major threat to world peace removed. who love, guard and defend our precious free- For a particular assignment we We live in a moment of hope, in a nation at dom. might find one student in Daytona peace. For the first time since the dawn of f Beach serving with another located at the nuclear age, no Russian missiles are the university’s Prescott, AZ, campus, pointed at our children. TRIBUTE TO EMBRY-RIDDLE Our economy is sound. And because free UNIVERSITY while a third comes from an extended campus overseas. A sophisticated markets and democracy now are on the Mr. FORD. Mr. President, time mag- march throughout the world, more people networking system allows students to than ever before have the opportunity to azine once referred to Embry-Riddle connect electronically with other insti- reach their God-given potential. Aeronautical University as The Har- tutions and class members around the But our work is far from done. We must vard of the Sky, a designation truly world. In addition, identical courses contain the world’s most deadly weapons, ex- honoring both institutions. I say this are taught concurrently by a single in- tend the reach of democracy, and unite in because unsurpassed standards, values structor from either the Daytona or opposing crimes against humanity. and public contributions constantly Prescott campuses as students from We must keep our arms ready and our alli- are reflected in achievements by those ances strong because challenges of the future both locations interact. won’t be any easier than those of the past. representing both schools. ERU is ranked by U.S. News & World As the American patriot Thomas Paine On this occasion, however, my re- Report as one of the top 20 undergradu- said: marks are about Embry-Riddle, for it ate engineering programs in our Na- ‘‘Those who expect to reap the blessings of absolutely is one of our Nation’s most tion. It has the largest engineering- freedom must . . . undergo the fatigue of intriguing centers of higher learning. physics program in America. Under- supporting it . . . What we obtain too cheap, Recently, the New York Times fea- we esteem too lightly.’’ graduates last year won the national Let it never be said that we Americans es- tured the selection of Embry-Riddle for design competition for general avia- teem too lightly our blessings of life, liberty, English and operational proficiency tion, an intensely challenging venture and the pursuit of happiness. training of China’s air traffic control- sponsored by NASA and the Federal America can never fully repay her veter- lers. Aviation Administration. ans, and we will never be able to express our ValuJet’s crash in the Florida Ever- Quite often we hear the term, ‘‘stu- feelings to our fallen soldiers. If there is a glades last May prompted the National dent-athlete.’’ At Embry-Riddle that crown in heaven, then they are the stars. Transportation Safety Board to name But we must never forget how blessed we designation has a real, rather than are in the modern world to live in a free soci- ERU alumnus, Greg Feith, as inves- shallow, meaning. No better example is ety, nor forget the sacrifices of our friends, tigator-in-charge. The university’s found than with this season’s basket- relatives, neighbors and countrymen who aviation safety role, through an exten- ball team. Under the guidance of ath- served us all when duty called. sive curriculum, real-situation train- letic director and coach Steve Ridder, Our veterans did not disappoint their na- ing laboratories, research and issue a Kentucky native, not only does the tion when it needed their service. They, in guidance is unparalleled. Air Force team consistently win on the court, it turn, should not be disappointed in their Capt. Scott O’Grady’s amazing survival times of need. also wins in the classroom. Our duty today is clear, for there are many in Bosnia had as a postscript: ERU For example, 11 of the squad’s 17 who need us. Yet, even as America remem- graduate. So it is with White House members have a 3-point or better GPA. bers Veterans Day, there are veterans who do Fellow, David A. Moore. Of the five seniors this year, one has a seem forgotten. Although ERU graduates hold key 3.6 and another a 3.4 in aerospace engi- Yes, some of the very ones who survived positions throughout business and neering, one a 3.4 in engineering phys- the atrocities of Bataan; stormed the beach- commerce, we find this especially prev- ics, one a 3.2 in aviation business, while es at Guadalcanal and Normandy; and fought alent among airlines and the aerospace the school’s all-time leading scorer in other campaigns of World War II. Since then, their numbers have swelled and aircraft industry. Some are astro- also carries a 3.2 in aviation business. from those who fought in Korea, Vietnam, nauts. NASA’s Lt. Comdr. Susan Leigh ERU President Steve Sliwa didn’t ar- the Persian Gulf, Somalia, Haiti, Bosnia and Still, USN, who received her bachelor rive at the Daytona Beach, FL, campus in numerous other conflicts. of science degree, is scheduled for a via a traditional academic path. He There are veterans who have lost family mission in space this spring. brought an eclectic background to the and friends, and who face a lonely future. The school is a major contributor of university: aerospace engineer, entre- Many are homeless and in need of medical pilots to military and civilian aviation preneur, NASA division level manager, care. They struggle with war related disabilities. for two reasons. One is the level of aca- founder of a software firm and astute They also struggle with bureaucratic red demics in engineering, aerospace business administrator. tape to get the benefits and health care they science, aviation and related dis- Those of us in Government should be need. ciplines. The other is due to ERU’s own particularly impressed with his most January 29, 1997 CONGRESSIONAL RECORD — SENATE S787 recent capital construction program, a provide the economic base of rural price discovery system in the cattle $100 million, eight-project endeavor, on America. market was a relic of days gone by. In schedule and under budget. That is why I could not support that fact, less than 2 percent of fed cattle go Consider Dr. Sliwa’s interests and ex- legislation. That is why President Clin- through terminal markets where prices periences in computer and software ton was very reluctant about signing for livestock are established through technology, which have propelled this bill into law. If you remember, he an open and competitive bidding proc- Embry-Riddle onto the very apex of only did so because further delay of the ess. this science. Almost every facet of our farm bill would have created planning Essentially, cattle producers face a life now depends on software. Yet, soft- chaos for farmers as they prepared for black hole when it comes to being able ware is immature compared to other and began their spring’s work last to accurately determine what is really engineering disciplines. Official man- year. happening in the marketplace. We need dates for technological reliability and In the closing debates of the farm to give the Department of Agriculture consumer protection simply do not bill, I said that we would have to come the necessary tools to reach into this exist. back to this issue when farm prices fall black hole and get accurate market in- Think about the countless applica- as they inevitably do. Well, the glow of formation for our producers. Our price tions of software: worldwide financial high grain prices has faded and the re- reporting system needs to be updated transfers; systems to fly airplanes, to ality of increased production costs has with the changes in the marketplace. operate medical equipment, to help ve- come home to hundreds of thousands of FOUR FIRMS CONTROL 80 PERCENT OF MARKET hicles function, and for a myriad of farm families. The lack of solid market information other daily tasks. What happens when It is time to consider what respon- on livestock is compounded by the con- such technology fails? The question is sibility we as a nation have to those centration in the marketplace. Today, receiving increased attention at two who grow our daily food. four firms control more than 80 percent universities. A consortium between It was important that on the very of steer and heifer slaughter. In fact, Embry-Riddle and Carnegie Mellon has first day for the introduction of legisla- three firms by themselves have over 80 been established to address the issue of tion in the 105th session, that we paid percent of that slaughter. By any eco- standards and methodologies to pre- attention to agriculture. It is not only nomic measure this is a very high level vent future disasters due to unreliable the key economic sector in rural Amer- of concentration. or flawed software. The Department of ica, but also continues to be the single In contrast there are some 1.2 million Defense is keenly interested in their ef- largest industry in our Nation. farmers and ranchers across the coun- forts. I am pleased that the minority lead- try that produce our Nation’s cattle. In ERU began in 1925 when a naive east- er, Senator TOM DASCHLE, introduced other words more than 80 percent of ern Kentuckian, John Paul Riddle of two bills that day as part of his leader- the output of 1.2 million farmers and Pikeville, and entrepreneur T. Higbee ship package to deal directly with the ranchers is funneled through only 4 Embry of Cincinnati, OH, opened a problems facing our family farmers and firms. This is an enormous economic school of aviation at Lunken Airport in ranchers. I am proud to be a cosponsor bottleneck. Cincinnati, OH. Now moving into its on both bills. Since 1980, the top four slaughtering eighth decade, the school gives new CATTLE PRICES AND MARKET CONCENTRATION firms have more than doubled their meaning to ‘‘cutting-edge’’ education. One of the most immediate problems share of the market. They have moved From hands-on investigation of air- facing rural America is the continuing from a 36-percent market share to an craft accidents—thanks to a unique low prices that our cattle producers are 82-percent market share. outdoor laboratory featuring crashed facing. While these low prices can be When there is an underlying illness, planes—to design of computer systems attributed to some extent to the peri- symptoms of that illness often do not and from leadership in national issues odic pricing cycle in cattle, we should appear until the system comes under to redesign of roof flaps for NASCAR not ignore some of the fundamental serious stress. The same is true in eco- racing vehicles, ERU is indeed out in changes that have occurred within our nomic situations. We have a serious front. Nation’s livestock marketing system underlying economic disease in our Achievements as I have described in recent times. livestock industry: a highly con- don’t happen without reasons. A most The Cattle Industry Improvement centrated marketplace. distinguished and forward-thinking Act of 1997—S. 16—which I have cospon- The symptoms have become more faculty, visionary leadership and rare sored, begins addressing some of the evident under the stress of the low end discipline combined with resourceful- underlying questions that face our of the cattle price cycle. The lack of ness have propelled Embry-Riddle into farmers and ranchers as they market market power for our producers at the what I believe is ‘‘tomorrow’s institu- their livestock. bottom rung should be self evident. tion of higher education today.’’ The bill will help bring the livestock The USDA Advisory Committee on How fortunate for ERU students. pricing structure into the open day- Concentration can best be summarized How fortunate for America. light. It requires the Secretary of Agri- by a sentence from the minority re- f culture to establish a price-reporting port. The report stated: system in which slaughtering firms GIVING PRIORITY TO OUR FOOD The upper levels maintain profit margins would have to report the prices paid of various sizes within the production cycles, PRODUCERS and the terms of sale to the Depart- and the lowest, least concentrated levels Mr. DORGAN. Mr. President, Ameri- ment of Agriculture. Smaller slaugh- have become the primary shock absorbers for ca’s family farmers and ranchers de- tering firms would be exempted, but fluctuations in the commodity cycle. serve a high priority in the legislative would be encouraged to do voluntary Coming from a State in which cattle agenda of this new Congress. The fami- reporting. producers are primarily cow-calf opera- lies who produce our daily food and It also gives the Secretary of Agri- tors, I can certainly attest to this help feed a hungry world, have not culture additional rulemaking author- statement. Our cow-calf operators have been on the center stage here in the ity to foster improved competition seen their prices cut in half. They have Nation’s Capitol. They deserve our at- among packers in buying cattle. This been taking the brunt of this pricing tention and our concern. would strengthen the ability of the cycle. The 7-year farm bill that was passed Secretary to take the proactive actions A few weeks ago I received a copy of in the last session of Congress is an needed to ensure a healthy competitive a newspaper article about Al and Gene economic disaster in the making for environment in today’s cattle-market- Urlacher of New England, ND. These rural America. All that needs to hap- ing structures. It underscores the very two brothers brought a week-old dairy pen is for mother nature to bless us purposes for which the Packers and bull calf to the auction sales ring. with abundant crops, and farm prices Stockyards Act was established. Three years ago that calf would have will once again fall. Under that new Last year the USDA Advisory Com- sold for $175. What did they get? farm law, there is no safety net for our mittee on Market Concentration con- They got a $10 bid for this calf. It nation’s farm and ranch families, who cluded that the price reporting and cost them $8.55 in auction fees, so they S788 CONGRESSIONAL RECORD — SENATE January 29, 1997 split $1.45 between them. That means cultural Safety Net Act of 1997. This marketing assistance loans. That that each of them got 72 cents in their legislation is a solid beginning to ad- would mean a commodity loan rate of pocket, which did not even cover the dress the problems faced by our grain about $3.72 for wheat and $2.64 on corn cost of their gas to bring the calf to producers as they face declining prices. for this year’s crops. That would make market. Nor would it buy a Big Mac for Over the years there has been great a world of difference to our producers. lunch that day. Yet these brothers variability in the prices received by It would provide them some marketing thought they were lucky. Others who America’s farmers. During the last dec- flexibility and give them an oppor- had brought calves to the sales ring ade we have seen our wheat prices shift tunity to take advantage of market ad- that day didn’t even get a bid. from a low of $2.42 per bushel in 1986 to vances when they occur. FARMER’S SHARE OF RETAIL BEEF DOLLAR the unusually high price of $4.45 per Another key feature of this bill is DECLINES bushel this past year. that it gives the Secretary of Agri- Let’s look at the farmers’ share of In fact, had it not been for the unique culture the authority to extend the the retail beef dollar during the same pricing conditions in our grain sector marketing assistance loans for an addi- period of time when the top four during the past 2 years, it is very un- tional 5 months. That would also give slaughtering firms more than doubled likely that the freedom-to-farm bill additional opportunity for our produc- their market share. would have ever been enacted into law, ers to ride out the market. In 1979, our Nation’s farmers and because our new farm eliminated the EXPAND CROP REVENUE COVERAGE ranchers received 64 percent of the re- safety net to help our producers Together with these improvements, tail price of beef. This past year, their through low markets. the Agricultural Safety Net Act of 1997 share of the beef dollar was down to 48 We have to be honest and admit that would require the Secretary of Agri- percent. The long-term trend line dem- we do not have a level playing field for culture to offer a nationwide program onstrates what has been happening to our grain producers in this new global of crop revenue insurance through the the market power of our producers. economy. Too frequently our wheat Federal Crop Insurance Corporation of As cattle prices have dropped in the producers are not competing against wheat, feed grains, and soybeans. past 3 years, the drop in the farm share wheat producers in other countries, but Federal Crop has been conducting of the retail beef dollar has been even are competing against the national pilot programs on revenue and income more dramatic. It moved from 56 per- treasuries of countries which continue insurance for producers. I am pleased cent in 1993 down to 48 percent this to provide export subsidies to move that the crop revenue insurance pro- past year. their surplus production into the world gram for wheat has been extended to The bill before us today is a rather market. many counties in North Dakota. I had modest proposal. It requires price dis- The irony of this past year is that sought inclusion of the entire State in closure so that everybody in the live- wheat prices received by farmers across this pilot program. stock business knows what is being the Nation peaked just after our plant- The crop revenue coverage pilot pro- gram has been very successful and re- paid and the terms of the sales. The ing season. Our farmers responded to ceived high interest and participation base of this bill is to provide more in- the marketplace by planting more of producers where it has been avail- formation to those that participate in wheat. They did the very thing the able. This bill would move us out of the the livestock market. market indicated and made the extra pilot program stage into a national The bill would also give the Sec- investments to get a good crop. Now program that would help producers retary the needed rulemaking author- they are being rewarded for their good with the twin risks of weather and ity to more effectively carry out the efforts with lower prices. price. provisions of the Packers and Stock- Wheat prices have been falling ever yards Act. In addition, it would provide since this spring. In recent weeks, I BUILDING FARMER CO-OPS protection to livestock producers who have received many reports of wheat Another way that farmers have been able to meet the challenges of today’s do some whistleblowing from retalia- prices at below $3.50 per bushel at local marketplace has been through the de- tion by cattle buyers. These are impor- elevators in my home State of North velopment of a new generation of tant steps to bring some daylight into Dakota. The fact is that these prices value-added cooperatives. Back home the livestock pricing system. are well below the full economic costs in North Dakota this has become Our bill would also establish a vol- of production of recent years. known as co-op fever. untary labeling system for meat pro- Our producers need a working safety These co-ops are a way for farmers to duced in the United States, and re- net. The farm law has established price extend their influence in the market- quests USDA to convene a public meet- supports at 85 percent of the moving place. They not only add value to their ing to consider the potential of allow- Olympic average of prices received by production, but also they are moving ing State-inspected meat and meat farmers during the past 5 years, drop- these products further down the chain products in interstate commerce. ping the high and low years. closer to the ultimate consumer. It also calls upon Secretary of Agri- The marketing assistance loans are This legislation would require the culture to immediately work with the supposed to help farmers move through Secretary of Agriculture to give a high Agriculture Minister of Canada to de- the fluctuations of the market, and priority to loan and grant applications velop a meaningful cattle data ex- give them a means by which to hold under the Consolidated Farm and change system so that United States their grain off the market so that they Rural Development Act to farmer- producers have better information on could make the best of their marketing owned, value-added processing facili- Canadian cattle production. opportunities. ties. This legislation also addresses two While the farm law has the promise It would help make the development trade concerns. First, it would require of these marketing assistance loans, it of farmer cooperative processing a pri- the U.S. Trade Representative to deter- reneges on that promise by establish- ority in the rural development activi- mine whether the European Union has ing a cap on these commodity loans at ties of this Nation. violated its obligations under inter- $2.58 per bushel on wheat and $1.89 per These two bills which I cosponsored national law concerning the certifi- bushel on corn. as part of the leadership package of cation of U.S. meat export facilities. That makes these loans almost priority bills are important steps to re- Second, it establishes an annual pro- meaningless, especially for our begin- storing opportunity for rural Ameri- cedure by which the U.S. Trade Rep- ning and other low-equity producers cans. They represent a new beginning resentative would identify priority who have to sell their crops to pay in our efforts to empower rural Ameri- countries that maintain barriers to their bills at harvest time. With the cans and help them build a better soci- U.S. livestock and meat exports, in- cap, these loan rates aren’t high ety for themselves and the entire Na- cluding sanitary standards. enough to cover even their out-of-pock- tion. REBUILDING A SAFETY NET FOR FARM FAMILIES et expenses, without considering their These bills will need to be expanded The second bill that I cosponsored machinery and land costs. with other legislative efforts during with Senator DASCHLE on the first day The Agricultural Safety Net Act of this session of Congress. They are sim- of bill introduction was S. 16, the Agri- 1997 would eliminate these caps on the ply the beginning foundation of how we January 29, 1997 CONGRESSIONAL RECORD — SENATE S789 can reshape Government so that we The World Health Organization believes that phins with purse seine nets and wanted can provide rural Americans the tools the provision of family planning to those guarantees that the tuna they consume they need to meet the challenges of our who need and want it will reduce maternal did not result in harassment, capture, global marketplace. mortality by one-fifth. and killing of dolphins; second, for the Sources at the Office of Population in the I commend Senator DASCHLE for his US Agency for International Development U.S. tuna companies, who wanted a work in the development of these bills. (AID) say the funding restrictions and delays uniform definition that would not un- The priority that he has given to agri- are adding up to millions of dollars in admin- dercut their voluntary efforts to re- culture in introducing these bills as istrative costs. The result is that fewer fam- main dolphin-safe; third, for the dol- part of his leadership package is most ily planning services are being provided, the phins, to avoid harassment, injury and welcome and most appropriate. I am health of a great number of women is jeop- deaths by encirclement; and fourth, for proud to be part of his leadership team ardized, and government funds are wasted truth in labeling. and a cosponsor of these two bills. because of unwarranted micromanagement by Congress. Our law has been a huge success. An- Both of these bills recognize that our Meanwhile, other development programs— nual dolphin deaths have declined from Nation’s family farmers and ranchers such as child survival, championed by Rep. 60,000 in 1990 to under 3,000 in 1995. Why are the economic lifeblood of rural Chris Smith (R) of New Jersey, Congress’s mess with success? America. When they do well, rural leading opponent of international family The Stevens-Breaux bill would per- America does well. planning aid—will be adversely affected be- mit more dolphins to be killed than are f cause their administrative costs are derived from AID’s overall operations budget. killed now. FAMILY PLANNING FUNDS Perhaps the most reprehensible element of The bill promotes the chasing and en- the Byzantine metering of international pop- Mr. KERRY. Mr. President, I want to circlement of dolphins, a tuna fishing ulation funds is that it is expected to in- practice that is very dangerous to dol- make available to all my colleagues crease abortions in the world’s poorest coun- and their staff an article by Wernor tries, though its principal architects, Con- phins. It does so by gutting the mean- Fornos, president of the Population In- gressman Smith and House Appropriations ing of dolphin safe, the label which stitute, which articulates the impor- chairman Bob Livingston (R) of Louisiana, must appear on all tuna sold in the tance of a vote that Congress will cast purport to be abortion opponents. United States. The ‘‘dolphin safe’’ label in February. This vote will affect the It doesn’t take a rocket scientist to figure has worked: it doesn’t need to be up- lives of thousands of families world- out that reducing family planning funds is a dated, as the bill’s sponsors claim. sure-fire way to increase abortions. A 35 per- wide. This vote will determine whether cent reduction of population spending last A number of arguments have been previously appropriated fiscal year 1997 year was estimated to have caused 1.6 mil- made in support of the Stevens-Breaux funds for international family planning lion additional abortions, and a nine-month bill which I would like refute at this will be released only 5 months after the moratorium plus metering may lead to an time. fiscal year for which they were pro- even greater number. 1. ENVIRONMENTAL SUPPORT vided has begun, or 9 months after it If both the US Senate and House of Rep- has begun. Releasing these funds in resentatives concur with Mr. Clinton’s find- Bill supporters claim that it is sup- ings that the strange disbursement schedule ported by the environmental commu- March as opposed to July is critical— for international population funds is det- international family planning pro- nity. In fact, only a few environmental rimental to our family planning efforts over- groups support the Stevens-Breaux bill, grams have sustained massive cuts seas, the money can be released starting as over the past year and a half. These re- early as March 1, rather than July 1. while over 85 environmental, consumer, ductions have been punitive and un- Though it still will be squeezed out at the animal protection, labor, and trade precedented. They are, quite literally, rate of 8 percent a month, at least the funds groups oppose the Stevens-Breaux bill. threatening the health of women and would be delayed five months rather than I ask unanimous consent to insert a children. nine. Neither the federal budget nor the na- list of these groups in the RECORD at tional deficit will be increased by the earlier I ask my colleagues to consider this the conclusion of my remarks. The fact release date. Congress has already agreed to is that the vast majority of environ- article when they cast their vote in spend the $385 million on family planning February. I ask unanimous consent programs overseas. The question is when. mental organizations in this country that the full text of the article be In a world where the population is climb- and around the world oppose the Ste- printed in the RECORD. ing toward 5.9 billion and increasing by near- vens-Breaux bill. There being no objection, the article ly 90 million annually, with 95 percent of the 2. EMBARGO ON TUNA was ordered to be printed in the growth in the poorest countries, playing a legislative shell game with human lives is The bill’s supporters say that it is RECORD, as follows: unworthy of a country that prides itself on unreasonable for the United States to [From the Christian Science Monitor, Jan. its humanitarianism. Members of this Con- continue to impose a unilateral embar- 22, 1997] gress should take the opportunity to at least go on other fishing nations that wish NEEDED: FAMILY PLANNING FUNDS partially erase the shame perpetrated by the to sell tuna in our country. I agree. It (By Werner Fornos) strident congressional henchmen of the is time to lift the embargo. That is antichoice movement in the last Congress. By Feb. 1, President Clinton is expected to why Senator BIDEN and I, and a number f present to the new Congress a finding that of our colleagues, introduced legisla- the current method of dispensing inter- TUNA-DOLPHIN BILL tion in the last session of Congress national population assistance is harmful that would lift the country by country and counterproductive to US program ef- Mrs. BOXER. Mr. President, last forts, and unquestionably it is. week, Senators STEVENS and BREAUX embargo against tuna that is caught by In an outrageous attempt to watch United introduced a bill S. 39, that would sig- dolphin safe methods. Our bill would States family planning efforts overseas die a nificantly weaken protections for dol- give all tuna fishermen the oppor- slow death, Congress last year approved $385 phins in the eastern tropical Pacific tunity to export to the U.S. market as million for these vital humanitarian pro- Ocean by rewriting—gutting—the ‘‘dol- long as they use dolphin safe practices. grams in 1997. Congress further specified that In other words, we would open the U.S. the money could not be dispensed until July phin safe’’ tuna labeling law that Sen- ator BIDEN and I wrote and urged into market and comply with international of this year, and even then at a rate of no trade agreements without gutting U.S. more than 8 percent a month. law in 1990. Since the 1997 fiscal year began on Oct. 1, Today, the $1 billion U.S. canned dolphin protection laws. 1996, and ends on Sept. 30, 1997, it is obvious tuna market is a dolphin safe market. We have offered repeatedly over the that the legislation was calculated to under- Consumers know that the dolphin safe past year to sit down and negotiate a mine US efforts to assist developing coun- label means that dolphins were not compromise with the administration. tries with their family planning needs. The chased, harassed, captured, or killed. We have stated repeatedly that we measure is an especially cruel hoax consider- Our definition of dolphin safe became agree it is appropriate to lift the em- ing that some 500 million women need and want to regulate their fertility but lack ac- law for all the right reasons. Those rea- bargo. We want to reach a compromise cess to contraceptives. sons are still valid today: that is in the best interest of the Moreover, 585,000 women die annually from First, for the consumers, who were American consumer, dolphins, and our causes related to pregnancy and childbirth. opposed to the encirclement of dol- U.S. tuna processing industry. S790 CONGRESSIONAL RECORD — SENATE January 29, 1997 3. SCIENCE principles are so vague and largely hor- ance, Committee for Humane Legislation, Supporters of the Stevens-Breaux bill tatory that they cannot possibly be Community Nutrition Institute. believe that we should return to chas- read as imposing legal obligations. Defenders of Wildlife, Dolphin Project ing and setting nets on dolphins be- If there were any doubt that the Interlock International, Dolphin Connection, California; Dolphin Freedom Foundation, cause bycatch of other marine species United States did not intend to be Dolphin Defenders, Florida; Dolphin Data is minimized. I believe that in order to bound by this declaration, we need Base, Dolphin Alliance, Inc.; Doris Day Ani- sustain our renewable marine re- only turn to the statement issued by mal League, Earth Island Institute, sources, we need to take a comprehen- the United States representative to the EarthTrust, Education and Action for Ani- sive ecosystem approach. I also recog- meeting in Panama. mals, Endangered Species Project, Inc.; Eu- nize that management of a single spe- The U.S. Administration supports this ini- ropean Network for Dolphins, Federation for cies does not always produce benefits tiative which is an important step on the Industrial Retention and Renewal, for the entire ecosystem. The bycatch road to a permanent, binding instrument Fondation Brigitte Bardot, France; Friends of the Earth, Friends of Animals, Friends for of juvenile tuna and other marine spe- . . . The initiative . . . is contingent upon changes in U.S. legislation . . . The U.S. Ad- the Protection of Marine Life, Friends of the cies including endangered turtles, is an Dolphins, California; Fund for Animals, issue of concern that must be ad- ministration needs to work with our Con- gress on this . . . We do not want to mislead Fundacion Fauna Argentina, Hoosier Envi- dressed. However, the bycatch argu- anyone here as to what the final outcome of ronmental Council, Humane Society of Can- ments used by supporters of this bill that process might be. ada, Humane Society of the Midlands, Hu- mane Society International, Humane Soci- are not based on solid science. We need It is clear that the administration more research before we can establish ety of the United States. was not binding the United States to In Defense of Animals, Institute for Agri- that bycatch is a problem. anything, other than to work with the culture and Trade Policy, Interhemispheric 4. OBSERVERS ON BOATS Congress to enact this legislation. Resource Center, International Brotherhood Under the scheme supported by this That is the commitment of the Unit- of Teamsters, International Dolphin Project, bill, tuna fishing boats would continue ed States. It is nothing more. If we International Wildlife Coalition, Inter- to have only one observer on each. Cur- don’t pass the Stevens-Breaux bill, no national Union of Electronic Workers, Irish rently, that one observer only has to binding agreement will have been bro- Whale and Dolphin Society, Lifeforce Foun- dation, Maine Green Party, Marine Mammal observe whether or not a purse seine ken, no international treaty obligation net was used on dolphins. If a net was Fund, Massachusetts Audubon Society, Mid- will have been violated. west Center for Labor Research, National deployed, the tuna caught on that fish- In summary, the arguments made by Consumers League, National Family Farm ing trip cannot be labeled ‘‘dolphin the supporters of the Stevens-Breaux Coalition, Oil Chemical and Atomic Workers safe’’. Under the scheme in the Ste- legislation—arguments of fact as well International, Pacific Orca Society, Canada; vens-Breaux bill, an observer would as arguments of law—are People for the Ethical Treatment of Ani- have to see whether there are any dead unsupportable. The bill is not needed mals, Performing Animal Welfare Society, dolphins in the nets that are used to for any convincing scientific or envi- Progressive Animal Welfare Society. Public Citizen’s Global Trade Watch, Pure catch tuna. These nets are huge—11⁄2 ronmental purpose, and is not needed Food Campaign, Reearth, Reseau-Cetaces, miles long. How can we expect one sin- to meet any binding obligation of the France; San Diego Animal Advocates, Sierra gle observer to know whether or not a United States. Club, Society for Animal Protective Legisla- dolphin died in a mile-and-a-half long I remain committed to blocking this tion, South Carolina Association for Marine net? This observer scheme would be un- legislation in its current form. I also Mammal Protection, South Carolina Hu- workable and unenforceable. It also ig- remain committed to reaching a com- mane Society of Columbia, The Free Corky nores all injuries to dolphin during the promise solution. Project, UNITE, Vier Pfoten, Austria and chase and encirclement process which We have stated repeatedly that we Germany; Whale Tales Press, Whale Rescue can lead to eventual death. Team, Whale and Dolphin Welfare Commit- agree it is appropriate to lift the em- tee of Ireland, Whale and Dolphin Society of 5. INTERNATIONAL OBLIGATION bargo. We want to reach a compromise Canada, Working Group for the Protection of During the last session, the Panama that is in the best interest of the Marine Mammals, Switzerland; Zoocheck, Declaration was repeatedly referred to American consumer, dolphins, and our Canada. as a tuna-dolphin treaty, and it was U.S. tuna processing industry. THE COUSTEAU SOCIETY, suggested that unless the Senate I ask unanimous consent that the fol- Chesapeake, VA, July 12, 1996. passed the Stevens-Breaux bill, the lowing material be printed in the Hon. BARBARA BOXER, United States was somehow reneging RECORD immediately following my U.S. Senate, on a binding international agreement. statement: First a letter to Senator Washington, DC. DEAR SENATOR BOXER: Thank you for your This is simply untrue. It is a com- BOXER from internationally renowned letter about the Panama Declaration. Here pletely inaccurate characterization of marine scientist Jacques-Yves at The Cousteau Society/Equipe Cousteau, the issue. Cousteau opposing the Stevens-Breaux my staff has been following the heated dis- Mr. President, there is no tuna-dol- proposed change of the definition of cussions among environmental organizations phin treaty. dolphin safe; second, a set of opinion about the Declaration and pertinent legisla- No treaty was signed by the United pieces and a letter to the editor from tion in the United States. States or any other nation on the sub- Time magazine, the Washington Post, We agree with the proponents of the Pan- ject of tuna fishing and the killing of ama Declaration that it is time to move and the Journal of Commerce, and away from trade sanctions and toward en- dolphins in the eastern tropical Pa- third, the list of bill opponents referred gaging all tuna-fishing nations in a commit- cific. to earlier. ment to techniques that are truly dolphin- No treaty was submitted to the Sen- There being no objection, the mate- safe. At the same time, we cannot accept a ate for ratification, as required by the rial was ordered to be printed in the compromise that approves of catching tuna Case-Zablocki Act. RECORD, as follows: by chasing and encircling dolphins. We have faith that the nations involved can find a No treaty was referred to the Senate OPPONENTS OF THE STEVENS-BREAUX BILL Foreign Relations Committee. better solution. Action for Animals, California; Americans Our best wishes to you in your work. None of these things happened be- for Democratic Action, American Society for cause there is no treaty. Sincerely, the Prevention of Cruelty to Animals, Amer- JACQUES-YVES COUSTEAU. The agreement that the Stevens- ican Oceans Campaign, American Humane Breaux bill relates to is neither a trea- Association, Animal Protection Institute, [From the Monitor, Mar. 4, 1996] ty nor an international agreement. The Ark Trust, Australians for Animals, CHICKEN OF THE SEA?—A ‘‘DOLPHIN-SAFE’’ so-called Panama Declaration is only a Bellerive Foundation, Italy & Switzerland; TUNA FLAP MAKES THE U.S. SQUIRM political statement—an agreement to Born Free Foundation, Brigantine New Jer- (By Eugene Linden) agree in the future on a binding inter- sey Marine Mammal Stranding Center, BREACH, UK; Cetacea Defense, Chicago Ani- Call it the flipper flip-flop. A squabble over national agreement. mals Rights Coalition, Clean Water Action, attempt to amend the Marine Mammal Pro- The declaration sets forth a series of Coalition for No Whales in Captivity, Coali- tection Act is forging some strange alliances principles which will ultimately be tion Against the United States Exporting even as it opens up a bitter rift in the envi- contained in this yet-to-be-drafted Dolphins, Florida; Coalition for Humane ronmental movement. In the end, it may be international agreement. But these Legislation, Colorado Plateau Ecology Alli- business interests—once the villains in the January 29, 1997 CONGRESSIONAL RECORD — SENATE S791 piece but now terrified of a boycott by dol- [From the Washington Post, July 23, 1996] been collected or penalties assessed. . . . In phin-loving consumers—that decide the mat- ‘‘DOLPHIN-SAFE’’ CLAIM IS IN DANGER 1994, during four trips IATTC observers re- ter. (By Colman McCarthy) ported that they were prohibited by the ves- sel captain from carrying out their duties, At issue are amendments to the 1972 act, On the label of every can of tuna sold in an offense for which . . . a penalty of $50,000 which forbade imports of tuna caught using the United States is the phrase ‘‘dolphin each for the captain and vessel owners [is nets to encircle dolphins that for unex- safe.’’ This means that tuna were not caught recommended]. In no case was the penalty plained reasons swim together with tuna in by intentionally setting encircling nets on collected.’’ parts of the Pacific. Before the act, this dolphins. In the Eastern Pacific Ocean, fleets Congress and U.S. courts are powerless to method suffocated as many as 500,000 of the locate the deeper-swimming tuna by track- regulate Mexican and other Latin fleets in marine mammals each year. After 1972, ing dolphins. international waters. They do have power— American fishermen drastically reduced The story of how ‘‘dolphin safe’’ came to be and are exerting it through legislation—to their dolphin kill, but in the 1980s the num- imprinted on labels is proof that environ- ban the import and sale of dolphin-unsafe ber of dolphins killed by foreign boats rose mentally harmful practices can be turned tuna. Legislation offered by Sen. Barbara dramatically. around when enough well-organized citizens Boxer (D-Calif.) does not lower dolphin pro- demand it. Credit is shared by school- Then in 1989, environmental activist Sam tection standards. Stevens-Breaux support- children, their parents and teachers who LaBudde galvanized public opinion by releas- ers argue that if U.S. laws aren’t modified, threatened to boycott tuna because dolphins Mexico will drop its economic anchor in ing dramatic videos of drowning dolphins. In were also killed in the catch, and by such 1990, StarKist, the world’s largest tuna can- countries that lack dolphin-safe require- groups as the Humane Society of the United ments. ner, responding to consumer sentiment, an- States, which has been toiling on this ma- nounced that it would buy only tuna caught This argument drowns in a deep sea of rine issue for more than 20 years. facts. The United Nations Food and Agri- by other methods. That same year, Legislatively, the Dolphin Consumer Infor- LaBudde’s group, Earth Island Institute, suc- culture Organization reports that 90 percent mation Act was passed in 1990. Then came of the world’s consumers of tuna live in the cessfully sued the Bush Administration to the International Dolphin Conservation Act, bar tuna imports from Mexico and other United States, Canada and Europe, which which bans the import and sale of tuna impose dolphin-safe requirements. Mexico, Latin American countries that failed to pro- caught in nets that encircle dolphins. Both like the U.S. tuna fleet before it, had better tect dolphins. European nations followed laws represent years of work by progressive face economic reality, even as it may find suit, which extended the embargo to an esti- politicians to ensure that dolphins are near- the environmental kind unpalatable. mated 80% of the canned-tuna consumer ly as safe as they were before tuna fleets It comes down to language on labels. The market. took to the high seas in 1959 with deadly public wants the factual words ‘‘dolphin Mexico promptly filed an international mile-long purse seine nets. Over three dec- safe’’ on the cans. It doesn’t want dolphin trade complaint. But it also took steps to re- ades, more than 7 million died in the nets. deadly. duce dolphin deaths, and by 1995 the number Under the laws, dolphin mortality has been of dolphins killed by tuna fishermen annu- reduced by 96 percent. [From the Journal of Commerce, Jan. 2, 1997] In politics, success in one thing, defending ally had dropped below 5,000 worldwide— DOLPHINS, TUNA AND TRADE demonstrating, Mexicans assert, that fishing it another. The integrity of the legislation, as well as (By Rodger Schlickeisen) boats can encircle dolphins without killing the safety of dolphins, is at serious risk. The A Dec. 16 editorial endorsed the Stevens- the animals. The U.S. and a coalition of problem is not with the domestic tuna fleet. Breaux bill as the best approach for continu- green groups met with Latin nations in Pan- California-based, it amounts to only a half- ing the decline in dolphin mortalities and ama last October to hammer out new guide- dozen boats and with the owner eschewing implementing the Panama Agreement for an lines for environmentally sound tuna fishing. settings nets on dolphins. It is the fleets of enforceable fishery management policy in Their declaration permits encirclement so a few foreign nations—Mexico mainly, which the eastern Pacific Ocean. As members of long as onboard observers certify that no has nearly 40 factory boats in the eastern Pa- Congress long involved with this issue, we dolphin drowned during the netting oper- cific—that want to market dolphin-unsafe take exception to this statement of support. ation, and its provisions became the basis for tuna in the United States. Despite popular sentiment behind the cur- a bill introduced by Alaska Senator Ted Ste- Mexico’s fishers and their lobbyists in rent ‘‘dolphin safe’’ label—which means what vens that would, among other things, lift the Washington are taking comfort in legisla- it says—the Stevens-Breaux bill would allow U.S. embargo. California Senator Barbara tion offered by Sens. Ted Stevens (R–Alaska) tuna caught using deadly netting and encir- Boxer, a Democrat, has introduced a compet- and John Breaux (D–La.). Their bill, which clement techniques to be sold as ‘‘dolphin ing bill that would also lift the sanctions on recently was approved by a Republican con- safe’’ as long as no one saw any dolphins die. the Latin nations but maintain them on in- trolled committee, would redefine ‘‘dolphin Supporters of the Stevens-Breaux bill argue dividual vessels that catch tuna by encircle- safe’’ to something like ‘‘Well, pretty safe.’’ that because an international observer will ment of dolphins. Dolphins would be fair game for nets, along be on each tuna boat in the eastern Pacific Proving once again that politics makes with the practice of helicopters and speed- Ocean, dolphin mortality will be easily mon- strange bedfellows, the Clinton Administra- boats chasing the traumatized creatures into itored and controlled. That argument just tion has sided with Stevens—a leader of Re- them. doesn’t hold water. One observer cannot pos- publican efforts to roll back environmental To ward off troublesome school kids who sibly monitor the entire catch of a 100-foot regulations—as have the Environmental De- like dolphins and might take to boycotting vessel or investigate the contents of a mile- fense Fund, the World Wildlife Federation again, the Stevens-Breaux bill requires the long purse seine net, particularly when the and the Center for Marine Conservation. fishers to ‘‘back down’’—release dolphins deadly dolphin chase is being carried out by They argue that unless the Latin nations are from the nets while still tightening them speedboats traveling ahead of the mother given credit for their efforts, they will sim- around tuna. If no dolphins were ‘‘observed’’ ship with no observers on board. ply resume their bad old ways. Meanwhile, dead in the nets, the dolphin-safe claim Another assertion by the bill’s pro- Earth Island Institute, the Sierra Club, the could be made. ponents—that unless we weaken our laws Humane Society and Friends of the Earth ve- Now the waters murk up. Even if an inde- substantially, international fishing oper- hemently oppose the Stevens bill and sup- pendent-minded observer can be found and be ations will soon abandon the U.S. market port Boxer’s charging that the delegation in given the run of the factory boat by the and its dolphin-safe fishing techniques in Panama sold out the dolphins to free trade. Mexican captain, how precisely can one per- favor of the lucrative and permissive Asian son monitor a mile’s worth of nets in a wav- and Latin American markets—also lacks any Proponents of the Boxer bill say com- ing sea? What about when they are sleeping credibility. The fact is that the U.S. market plicated enforcement procedures and the po- or down below eating? What if the captain remains the world’s largest, accounting for tential for corruption under the Stevens bill who isn’t likely to be a dues-paying member more than 60 percent of global tuna sales. will mean that dolphin deaths will rise of the Humane Society, disputes the observ- And the European Community, the second- again. Proponents of the Stevens bill argue er’s count of dead dolphins? Whose word is to largest market, has dolphin-safe tuna prac- that the alternatives to encircling dolphins be believed? tices that practically mirror the Boxer- have proved destructive to both tuna popu- And then there is the effectiveness of en- Biden bill. Together, the United States and lations and other species, such as sea turtles forcement. Jeffrey Pike of the Dolphin Safe European Community dominate the world’s and sharks. All that leaves Anthony Fair Trade Campaign, a group opposed to tuna market. O’Reilly, chairman of H.J. Heinz Co., which Stevens-Breaux, testified before Congress on Ultimately, the victim of this extreme ef- owns StarKist, loath to make any change the lack of enforcement powers by the Inter- fort to gut dolphin protection laws would be that might be misinterpreted by dolphin-lov- American Tropical Tuna Commission, a reg- not only the dolphins, but also American ing consumers. ‘‘I believe the definition ulatory group. When observers have cited the consumers. By changing the definition of should not be changed in the absence of con- deaths of dolphins, ‘‘the reports are not ‘‘dolphin safe,’’ as the Stevens-Breaux bill sensus of scientists and public opinion,’’ he acted on’’ by the commission. ‘‘To date, de- proposes, even tuna caught by killing hun- says. And he’s the one who has to move the spite the fact that hundreds of violations dreds or thousands of dolphins could conceiv- goods. have been reported, no monetary fines have ably receive this label. S792 CONGRESSIONAL RECORD — SENATE January 29, 1997 There is a better way: The Boxer-Biden The assumptions of bill proponents are purse seine fishing nets. Our efforts to International Dolphin Protection and based on misleading industry information. require that each nation wishing to ex- Consumer Information Act of 1995. This bill For example, although they say 10 million port tuna to the United States docu- maintains every word of the current dolphin- dolphins exist in the eastern tropical Pacific, ment that it possessed a dolphin pro- safe definition, while continuing the existing the tuna mostly follow two imperilled popu- ban on selling all other types of tuna. Our lations—spotted and spinner dolphins—which tection program and a dolphin mortal- bill also makes the necessary changes in cur- represent only a tiny fraction of the claimed ity rate comparable to ours largely rent law to incorporate the Panama Agree- millions. Although these two populations failed, resulting in unilateral embar- ment (a broad management plan for the east- were recently listed as ‘‘depleted’’ under the goes against noncomplying nations. ern Pacific Ocean recently signed by the Marine Mammal Protection Act, the admin- The senseless slaughter of dolphin United States and 11 other countries). istration proposal would allow setting nets justifiably outraged many Americans. Most significantly, our bill provides an im- on them. portant incentive for foreign and domestic Literally tens of thousands of letters, Bill proponents claim that dolphin-safe telegrams, and phone calls poured into tuna fishermen to fish in a dolphin-safe man- fishing methods cause by-catch of other ma- ner: access to the U.S. market. Under our rine life such as sea turtles and sharks. They tuna companies’ offices and Capitol bill, the ban on all tuna imports from coun- also claim that ‘‘new’’ techniques have been Hill. The message heard was loud and tries that don’t exclusively follow dolphin- developed that make netting dolphins safer. clear: Don’t allow this needless mas- safe practices will be amended to allow fish- Marine biologist and tuna boat owner John sacre to continue. ermen who use these methods to sell that Hall scoffs at those claims. He says the Then, in 1990, something remarkable tuna in the vast $1 billion U.S. market. This method of releasing dolphins from nets was happened. American tuna companies, important modification will reward those developed by U.S. fishermen three decades environmentalists, and consumers who have altered their fishing methods and ago and their recent adoption by some for- encourage the rest to follow suit. came together and revolutionized an eign fishermen has brought about no measur- entire industry. That April, Starkist, able protection for spotted and spinner dol- [From the Journal of Commerce, Aug. 2, phins. Moreover, the United Nations’ Food and shortly after that Chicken of the 1996] and Agriculture Organization states that Sea, and Bumblebee—which combined DOLPHINS, TUNA AND TRADE this fishery’s by-catch under the present dol- sold more than 80 percent of the tuna (By Rodger Schlickeisen) phin-safe definition is among the lowest in in America—announced voluntary pur- The debate over tuna-dolphin legislation, the world. chasing bans against all tuna caught in which reached the floor of the House of Rep- Furthermore, ‘‘observed’’ dolphin deaths association with dolphins. resentatives this week, has become as tan- under the new definition would not account On the heels of this campaign, then- gled as an old fishing net. But it unravels to for all deaths, according to Albert Myrick, Congresswoman BOXER and I wrote and one basic reality: The Clinton administra- who has coordinated U.S. research on dol- tion and a few environmental groups are phin stress. Current data strongly suggest shepherded into law the Dolphin Pro- pushing legislation that would weaken the that dolphins experience physiological dam- tection Consumer Information Act—a ‘‘dolphin-safe’’ program and allow the age and death after release from nets. landmark statute that set one very slaughter of thousands of dolphins annually. We lack viable means of ensuring that dol- simple, uniform standard: No tuna While this harmful legislation passed the phins will not be killed when fishing nets are caught by purse seine net fishing, or by House this week, there is still time to stop it set on them. This year Mexican fishermen a boat capable of purse seine net fish- when a companion bill reaches the Senate are known to have thrown observers off their ing, can be labeled as dolphin-safe. floor after the August congressional recess. boats. Many involved in the fishery are un- Thanks to the efforts of millions of school- Our labeling law immediately trans- convinced that the present observer system formed the decades-long controversy. children and a coalition of conservation can handle the intensive monitoring that en- groups, since 1990 U.S. law has provided la- forcement of the new definition would re- Dolphin mortalities caused by both bels on cans to let consumers know whether quire. American and foreign tuna boats plum- tuna was caught by dolphin-safe methods. A grass-roots coalition of more than 80 en- meted from more than 52,000 in 1990, to Tuna in the eastern tropical Pacific tend vironmental, consumer and animal welfare just under 3,000 in 1995. A tremendous to school beneath dolphins, so historically groups oppose weakening the present dol- fishermen set nets on the dolphins to catch decrease. phin-safe standard. the tuna below, killing at least 7 million dol- Millions of consumers now purchase U.S. tuna canneries, which six years ago phins since the 1950s. Dolphin mortality has tuna with a clear conscience, knowing went dolphin-safe in the face of unprece- dropped dramatically, however, since the that the deadly purse seine net method dented public pressure, also are concerned. U.S. embargo of dolphin-unsafe tuna im- They rightly fear that they not only could was not used. ports. lose their hard-won competitive advantage Simply put, the Dolphin Protection After its string of environmental victories over foreign dolphin-unsafe canneries, but Consumer Information Act remains a against a hostile Congress, why would the also again face boycotts over the misleading remarkable success story. It does not administration seek to weaken such a popu- new label. lar environmental program and hand oppo- mandate anything. It does not require Ironically, if the president would abandon nents an opportunity to regain ground on the thousands of bureaucrats. It merely re- his attempt to change the definition of dol- environment? Considering that the majority quires accurate, truthful labeling. phin-safe, improvements could be made. of environmental organizations support the From the nutritional information All agree that the present practice of em- current dolphin-safe standard, why would a printed on boxes of cereal, to salt con- bargoing all tuna from a country like Mexico few support regression to a discredited meth- for the behavior of a few bad fishermen is tent listings on low-sodium crackers, od of fishing? counterproductive. honesty in labeling is a well-estab- The answer is that Flipper has become en- lished principle of law. tangled in deadly trade politics. Latin Amer- We could allow the dolphin-safe tuna from ican countries are pressuring the administra- Mexican fishermen to gain access imme- This does not necessarily mean that tion to lift the embargo, which Mexico has diately to the U.S. market. all types of a given product must con- challenged successfully before the World This politically smart move also would be form to the requirements of a particu- Trade Organization. They not only want to the right one. lar labeling law. All milk is not re- settle this longstanding dispute, but help f quired to contain 2 percent milkfat, for boost the Mexican economy before the No- example. But, if a dairy company wish- vember election, in which Nafta will be an KEEP THE CURRENT DOLPHIN- es to label its product as 2 percent issue. Some want to appease Mexico’s de- SAFE LABEL milkfat, it must meet that standard. In mands because they fear foreign tuna boat Mr. BIDEN. Mr. President, today I operators otherwise will abandon any safe- essence that is the concept underlying guards. join with my longtime colleague in this the current dolphin safe standard. Mexican lobbyists have convinced the ad- endeavor, Senator BOXER, to restate Unfortunately, legislation (S. 39) in- ministration that only changing the defini- our continuing opposition to legisla- troduced recently by Senator STEVENS tion of dolphin-safe can ensure them access tion changing the current dolphin-safe and Senator BREAUX changes the cri- to the U.S. market, despite the fact that standard. As usual, she has explained teria for the current label, thereby roughly a dozen Mexican tuna boats already the issue much better than I could, so eliminating the protection and honesty fish dolphin-safe. The bill promoted by the my remarks will be brief. now provided. While the proposed no- administration would change the current definition to allow a dolphin-safe label on Throughout the 1960’s, 1970’s, and mortalities requirement sounds good tuna caught by encircling, harassing and 1980’s, hundreds of thousands of dol- on its face, it is for all practical pur- chasing dolphins—as long as no ‘‘observed’’ phins were senselessly killed every poses unworkable and unenforceable. dolphin deaths occurred. year because of the use of gigantic One observer, equipped with a pair of January 29, 1997 CONGRESSIONAL RECORD — SENATE S793 binoculars, can hardly keep accurate Dixon, whose column more often than THE VERY BAD DEBT BOXSCORE watch over the entire contents of a 1 to not they were reading. Sadly, her fans Mr. HELMS. Mr. President, at the 2 mile long, half-mile wide net, sub- will no longer be able to gaze into the close of business yesterday, Tuesday, merged hundreds of feet below water. future over a cup of coffee and an Eng- January 28, the Federal debt stood at I recognize the potential significance lish muffin, as Mrs. Dixon passed away $5,317,192,254,267.62. and power of the October 1995 Panama this past Saturday at the age of 79. Five years ago, January 28, 1992, the Declaration, and I agree that our uni- Mrs. Dixon gained notoriety as an as- Federal debt stood at $3,796,222,000,000. lateral embargoes deserve a serious re- trologer and psychic when she made Ten years ago, January 28, 1987, the examination. In fact, legislation I and some eerily accurate predictions con- Federal debt stood at $2,223,438,000,000. Senator BOXER introduced during the cerning the tragic fate of the late Fifteen years ago, January 28, 1982, 104th Congress would have imple- President Kennedy, the election of the Federal debt stood at mented key parts of the declaration by Richard Nixon to the Presidency, that $1,037,631,000,000. repealing the current comparability China would become Communist, and Twenty-five years ago, January 28, embargoes and opening our market— the eventual election of Ronald Reagan 1972, the Federal debt stood at literally the most lucrative in the as Chief Executive. Whether she truly $426,168,000,000 which reflects a debt in- world—to all tuna caught in compli- had the ability to see into the future crease of nearly $5 trillion— ance with the current dolphin-safe will forever be a mystery, but she cer- $4,891,024,254,267.62—during the past 25 standard. tainly made enough accurate forecasts years. But market access issues, questions about events that she earned a degree Mr. President, I suggest the absence of whether to allow dolphin-safe and of credibility. From what I understand, of a quorum. other tuna into our market, are sepa- she was often consulted by individuals The PRESIDING OFFICER (Mr. rate from the reasoning behind the cur- inside and outside of Government, and HUTCHINSON). The clerk will call the rent label. she was certainly a favorite in Wash- roll. I look forward to working with my ington social circles, which is how I The assistant legislative clerk pro- colleagues on both sides of the aisle came to know Mrs. Dixon many years ceeded to call the roll. and in the administration to lock-in ago. Mr. BRYAN. Mr. President, I ask the progress we have made. And I com- unanimous consent that the order for Those who only knew the Jeane mend Senator BOXER for her diligent the quorum call be rescinded. Dixon whose name graced horoscope efforts to protect our environment The PRESIDING OFFICER. Without columns were not familiar with the while preserving our principles. objection, it is so ordered. f generous and concerned nature of this woman who worked very hard to help f USE OF FEDERAL FUNDS TO EN- build a better world through philan- COURAGE LABOR UNION MEM- thropy. A devout Catholic, Mrs. Dixon BOMBING OF THE KHOBAR BERSHIP gave freely to the church, supporting TOWERS many worthy charities and relief Mr. THURMOND. Mr. President, yes- Mr. BRYAN. Mr. President, I rise terday, I introduced S. 223, a bill to projects designed to help the less fortu- nate and those in need. Additionally, today because of strong concerns I prohibit the use of Federal funds to en- have related to the Air Force’s evalua- courage labor union membership. Mrs. Dixon established the Jeane Dix- on’s Children to Children Foundation, tion of the events surrounding the I ask unanimous consent that the tragic Khobar Towers bombing in text of S. 223 be printed in the CON- an organization that has undertaken many fine efforts to help some of Saudi Arabia. The Air Force has not GRESSIONAL RECORD. yet released its official report on these The bill follows: America’s most vulnerable citizens, its children. events, but it has been widely reported S. 223 that the Air Force will recommend no Be it enacted by the Senate and House of Rep- I am proud to have been able to disciplinary action against any officer resentatives of the United States of America in count Jeane Dixon among my friends. in relation to this incident. Mr. Presi- Congress assembled, She was the godmother to my youngest dent, I do not understand this rec- SECTION 1. PROHIBITION ON USE OF FEDERAL son, Paul, and the two would visit ommendation. FUNDS TO ENCOURAGE LABOR whenever possible. Unfortunately in As you will recall, shortly before 10 UNION MEMBERSHIP. later years, Paul’s schedule as a tennis (a) DEFINITION.—For purposes of this Act p.m. on the evening of Tuesday, June the term ‘‘agency’’ has the same meaning as player and college student, and Jeane’s 25, 1996, a fuel truck pulled up to the in section 551(1) of title 5, United States busy traveling and business schedule perimeter of a Khobar Towers’ complex Code. did not permit as many get togethers in Dharan, Saudi Arabia. This complex (b) PROHIBITION.—No funds appropriated as either would like. Still, they were housed almost 3,000 airmen of the from the Treasury of the United States may good friends and did enjoy being able to 4404th Wing, as well as military person- be used by any agency to fund, promote, or see each other several times a year. As carry out any seminar or program, fund any nel from the United Kingdom, France, Jeane lived in town, I would see her and Saudi Arabia. Air Force guards position in an agency, or fund any publica- frequently, and always enjoyed being tion or distribution of a publication, the pur- spotted the truck and immediately pose of which is to compel, instruct, encour- able to host her and her friends for began an effort to evacuate the build- age, urge, or persuade individuals to join lunch in the Senate dining room. With- ing. Unfortunately, before they could labor unions. out question, she was a kind and warm- succeed, a large explosion occurred f hearted woman who was always inter- that destroyed the face of Building 131, ested in politics and the events of the killing 19 American servicemembers TRIBUTE TO THE LATE JEANE day. She was a witty conversationalist and seriously injuring hundreds more. DIXON and it was always amusing and intrigu- In the immediate aftermath of the Mr. THURMOND. Mr. President, each ing to hear what she believed was in explosion the members of our Armed morning for more years than anyone store for the Nation and prominent fig- Forces acted heroically, restoring can remember, millions of Americans ures in Government and entertain- order and providing aid to those who have religiously opened their news- ment. had been injured. In less than 3 days papers and consulted their horoscope, Mr. President, Jeane Dixon led a full the 4404th Air Wing had recovered and checking their astrological sign for an and unique life. She was known, ad- was once again flying its mission over idea of what good or bad fortune their mired, and liked by countless people the skies of southern Iraq. day might hold. Whether these people and we shall all miss her. My condo- This bombing and a Riyadh, Saudi did this out of a true belief that the lences go out to her sister, Evelyn P. Arabia, bombing in November 1995 that stars could predict their fate, or just Brier; her brother, Dr. Warren E. killed five Americans, raised a number out of a sense of fun, it was the work of Pinckert; and her nieces and nephews, of fundamental questions regarding the a prominent Washingtonian, Jeane all of whom survive her. threat of terrorism to United States S794 CONGRESSIONAL RECORD — SENATE January 29, 1997 forces deployed overseas and the prior- to know the precise nature of the ter- length the chronic personal property ity of force security among those mili- rorist attack, the Downing report does management problems at the Depart- tary commanders charged with respon- raise a number of concerns regarding ment, problems that have resulted in sibility for providing that security. the priority of force protection under the loss of millions of dollars worth of Secretary of Defense Perry took an im- General Schwalier. taxpayer-purchased equipment. Re- portant step in addressing these ques- For example, in light of the terrorist cently, DOE has made some progress in tions by establishing an independent threat, a number of additional meas- tackling this problem, but much more task force to examine the facts and cir- ures could have substantially reduced needs to be done. cumstances surrounding the bombing. the threat from a terrorist attack. The For many years, missing property This task force was led by Gen. Wayne windows facing out from the complex, and equipment and poor inventory con- A. Downing, a highly respected and dis- Building 131, could have been coated trols have been a major problem at the tinguished retired four-star general. with a shatterproof substance known Department of Energy. Estimates by The findings of the Downing report as Mylar. Airmen with outside rooms the IG and GAO of the value of lost and were significant and wide ranging. could have been moved into the inte- unaccounted for equipment have They covered force security standards rior of the complex. That was the area ranged from tens of millions to hun- and policies, intelligence, threat as- that was most exposed, Mr. President. dreds of millions of taxpayer dollars. sessments, and United States-Saudi co- Finally, a higher priority could have Missing equipment includes computers, operation. Secretary Perry took these been placed at moving the perimeter furniture, machine tools, electric findings seriously and as a result has fence farther away from housing quar- pumps, and cameras, plus more exotic announced major changes in our ap- ters. When difficulties with the Saudi items like semi- and flatbed trailers, proach to force protection. Unfortu- Government halted plans to move the electronic switchgear, nuclear fuel re- nately, in a number of areas it appears fence, the matter should have been processing equipment and technology, the Air Force has chosen to disregard taken up and reported up the chain of diesel engines, cranes and armored per- the Downing task force findings. command. sonnel carriers. The contrast between the Downing According to the Downing report, So we are not talking about a few report and the Air Force’s apparent these steps were not taken. General missing pencils and paper clips. These findings, and I use the term ‘‘apparent Schwalier concentrated solely on the are costly items. And all too often it findings’’ because at this point, Mr. threat of a penetrating bomb attack appears that this material just flies President, the official report has not and failed to address other kinds of ter- out of DOE inventory and disappears yet been released, finding 19 of the rorist attack. He failed to correct into thin air. Downing report states ‘‘The chain of vulnerabilities he could have corrected, Furthermore, equipment in working command did not provide adequate and for those vulnerabilities he could order and usable supplies have been guidance and support to the Com- not correct by himself General sold as surplus for a small fraction of mander, 4404th Wing.’’ Finding 20 Schwalier failed to raise the issues up their market value. Other equipment states ‘‘The Commander, 4404th Wing the chain of command or coordinate has been left outdoors to be ruined by did not adequately protect his forces with the host nation. the elements. from terrorist attack.’’ Did not ade- Mr. President, I do not believe that Finally, many of the missing items quately protect his forces from terror- the Downing report was unreasonable are national security sensitive and did ist attack. Yet the Air Force has ap- or looking for scapegoats. not go through proper demilitarization parently concluded that every person This task force took an independent, and declassification procedures. in the chain of command met standards forthright, and tough look at the Our review also found that the prob- of performance and acted with due care threat of terrorism and how we can re- lem of missing property and poor in- and reasonably. Furthermore, the spond to that threat in the future. I ventory controls is not unique to any Downing report details the information have no doubt this tough assessment one DOE site, but is prevalent at nu- available on the terrorist threat will save U.S. lives in the future. In the merous sites, including, among others, against our forces in the Khobar Tow- same way, the Air Force must also the Portsmouth Gas Centrifuge Enrich- ers. The Downing report states that the take a tough look at its responsibil- ment Plant, the Rocky Flats Plant, the Khobar Towers had been described as a ities to protect its forces from this new Idaho National Engineering Labora- soft target, critical target and a spe- threat. And in this instance, Mr. Presi- tory, Sandia National Laboratories, cific site of concern. In addition, the dent, I am afraid the Air Force has Los Alamos National Laboratory, the Downing report notes that there was a failed to do so. I urge the Secretary of Fernald Environmental Restoration series of 10 suspicious incidents in the the Air Force to reconsider the Air Corporation, and Oak Ridge National preceding 90 days surrounding this Force’s conclusions regarding this hor- Laboratory. The specific problems at complex that indicated the possibility rible and tragic incident. each site are discussed at length in the of a terrorist threat. In contrast, the Mr. President, I thank you. I yield report. Some go back a couple of years, Air Force has reportedly found that the floor. others are more recent. Let me give the chain of command considered the Mr. President, I suggest the absence you a few examples. threats, in view of the information of a quorum. Rocky Flats, CO—GAO identified $29 known at the time, and acted with due The PRESIDING OFFICER. The million in missing equipment. Missing care and prudently. This judgment by clerk will call the roll. items included: a semi-trailer, a boat, the Air Force, in my opinion, is inex- The legislative clerk proceeded to forklifts, furnaces, over 1,800 pieces of plicable. call the roll. computer equipment, and 8 armored Mr. President, the wing commander Mr. GLENN. Mr. President, I ask personnel carriers. The armored per- of the 4404th Wing, General Schwalier, unanimous consent that the order for sonnel carriers are a story in their own has been scheduled for a promotion the quorum call be rescinded. right. DOE initially donated the 8 car- from brigadier general to two-star rank The PRESIDING OFFICER (Mr. riers to a military museum, but did not of major general. Now, I understand HAGEL). Without objection, it is so or- demilitarize them. The museum gave that hindsight is 20/20, yet I cannot ig- dered. one of the carriers away, which was nore the findings of the Downing task The Senator from Ohio is recognized subsequently resold twice before wind- force. For this reason, I have written a for 10 minutes. ing up in the hands of a man who sup- letter to the Secretary of the Air Force DOE PROPERTY AND ASSET MANAGEMENT plies props to Hollywood movie studios. expressing strong concerns regarding Mr. GLENN. Today I am releasing a Since then, DOE has repossessed the this appointment. The Downing task report, prepared at my direction by the vehicles. force makes clear that General minority staff of the Governmental Af- Idaho National Engineering Labora- Schwalier did have command respon- fairs Committee, on property and asset tory—DOE sold as surplus national se- sibility and authority for force protec- management at the Department of En- curity sensitive nuclear fuel reprocess- tion of his personnel in the 4404th Wing ergy. The report, aptly titled ‘‘Lost ing equipment to a scrap dealer for while he could not have been expected and Still Missing,’’ discusses at some $154,000 who then tried to sell it to a January 29, 1997 CONGRESSIONAL RECORD — SENATE S795 British company. Once the Department port are significant and deserve man- LOST AND STILL MISSING ... discovered its mistake, it bought back agement attention. The importance of MANAGING PROPERTY, EQUIPMENT AND ASSETS the equipment for $475,000. A separate addressing these problems is further AT THE DEPARTMENT OF ENERGY sale to the same individual included compounded because DOE is just begin- (A report by the Minority Staff of the Senate between 25 and 50 personal computers ning to address long-term downsizing Governmental Affairs Committee) whose hard drives were not sanitized in issues associated with the changes Introduction accordance with Department and GSA from its cold war mission. For exam- For many years, the Department of Energy regulations. Unfortunately because ple, within the next 10 years, DOE’s in- has had serious problems managing property and equipment at its different sites. These INEL’s records were so poor, it was not stalled capacity to produce and test problems have been the subject of numerous possible to determine exactly how nuclear weapons will be reduced to 10 GAO and IG reports as well as hearings by many computers were sold, or, more percent of its cold war level. As a re- the Governmental Affairs Committee. Esti- importantly, whether they contained sult DOE will need to dispose of thou- mates of the value of missing and unac- national security sensitive or re- sands of fixed assets—including build- counted for equipment have ranged from stricted data. ings, real property, vehicles, equip- tens to hundreds of millions of taxpayer dol- Sandia, NM—An on-site inspection ment, precious metals, fuel, et cetera. lars. Missing equipment includes computers, by the inspector general revealed that To manage this asset disposition proc- furniture, machine tools, electric pumps and computers, machine tools, furniture, cameras, plus more exotic items like semi ess efficiently, DOE will need to care- and flatbed trailers, electronic switchgear, and rolls of cable were left outside for fully take to heart the lessons learned diesel engines, nuclear fuel reprocessing long periods of time. When Sandia offi- from the personal property manage- equipment, cranes and armored personnel cials tried to reuse the equipment, they ment problems discussed in this report. carriers. Equipment in working order and us- discovered that it had been ruined by able supplies have been lost, stolen, sold as Recently the Department has taken the elements. Other equipment had surplus for a small fraction of their market encouraging and good faith efforts to been improperly mixed with value, left outside to be ruined by the ele- radiologically-contaminated items. correct some of these deficiencies, in- ments, and mixed with radiologically con- Portsmouth, OH—Equipment valued cluding the renegotiation of the per- taminated items. At the direction of Senator John Glenn, at $35 million was sold for less than $2 sonal property requirements in both new and existing M and O contracts, Ranking Member of the Governmental Af- million. DOE’s own documents indicate fairs Committee, the Minority Staff of the that some of this equipment may be and implementing guidance and regula- Committee conducted a review of property nuclear proliferation sensitive. This in- tions on the handling of proliferation management at the Department of Energy. cludes technology used in the enrich- sensitive property. However, these ef- Our review is based on reports from the Gen- ment of uranium. forts must be continued and expanded. eral Accounting Office and the DOE Inspec- Why do these problems exist? It is a tor General, documents from the Depart- The report contains a number of rec- ment, interviews with Department officials, simple two-word answer. Poor manage- ommendations on ways to improve per- ment. hearings records, press accounts and official sonal property management. Our prin- DOE responses to questions that the staff In some cases, the Department failed cipal recommendation is that the De- and Sen. Glenn addressed to the Department to provide effective policy, or nego- partment establish a centralized Office and Secretary Hazel O’Leary. tiated management and operating con- Our review found that the problem of miss- of Property and Asset Management tracts that did not meet its own regu- ing property and poor inventory controls is lations on property management; in that would report directly to the Sec- not unique to any one DOE site, but has been others, the field offices failed to pro- retary. Currently, personal property, found at numerous sites, including, among vide adequate oversight, especially in real property, and asset management others, the Portsmouth, Ohio Gas Centrifuge responsibilities are spread across too Enrichment Plant, the Rocky Flats Plant, the development and review of prop- the Idaho National Engineering Laboratory, erty management systems. These fail- many offices, both at headquarters and in the field, and that is one reason why Sandia National Laboratories, Los Alamos ures have been compounded by anti- National Laboratory, the Fernald Environ- quated property tracking systems with the Department has such a problem. No mental Restoration Corporation, and Oak poor records, lack of proper training one is accountable. Ridge National Laboratory. These site-spe- for employees charged with property I will be taking this and the other cific problems are examined at length later management, wide variations in local recommendations up with Secretary- in this report. The report will also summa- policies that implement Department rize steps taken by the Department to cor- designee Pena as he goes through the rect its problems as well as suggest further regulations, and, for one site at least— confirmation process. I am sending let- steps that we believe could help prevent Rocky Flats—a failure, both in the ters today to both Chairman MURKOW- these problems from recurring in future field and at headquarters, to follow up SKI and Ranking Member BUMPERS of years. on cases where there was reason to sus- the Energy Committee in the hope that The lessons learned from past personal property management problems are doubly pect theft. they will address the matter during The main reason for the Depart- important because the Department is cur- confirmation hearings. This issue needs ment’s pervasive and decades-long rently embarking on a large scale asset dis- to be addressed at the highest level, problems with property management position program. This program is necessary not relegated to the bureaucratic back- in order to meet budget reduction targets likely lies in its perception of the im- waters as all too often has happened in and to dispose of unneeded property, equip- portance of its national security mis- the past. ment and inventory. Quite simply, the needs sion. This perception has resulted in of the Department and nation have changed the downgrading in importance of more In closing, our review is based on re- since the end of the Cold War. For example, routine responsibilities, such as proper ports from the General Accounting Of- current DOE plans will result in a nuclear accounting, custodianship, and disposal fice and the DOE inspector general, weapons complex that has one-tenth the in- of equipment and other personal prop- documents obtained from the Depart- stalled capacity that existed just a few years erty. As one high-ranking Department ment, interviews with Department offi- ago. As a result, the Department will need to dispose of thousands of fixed assets, includ- official was quoted in the Washington cials, committee hearing records, press ing real property, buldings, equipment, vehi- Post: ‘‘When it’s the life and death of accounts and official DOE responses to cles, precious metals, fuel, etc. Some legisla- civilization, people start being sloppy questions that both the staff and I ad- tive authority will likely be necessary to ac- about some other things.’’ That state- dressed to the Department. We have complish the Department’s goals for this ment is grandiloquent excess at best, copies of the full report for those who program. While this program is a logical and and utter nonsense as an excuse for would like it, and they could request it potentially cost saving one for the Depart- poor management. In any case, the De- from my office. ment to undertake, our report strongly rec- partment must finally recognize that ommends that DOE’s ailing property man- I ask unanimous consent the report agement system be reformed and overhauled its cold war mission is over. Now more be printed in the RECORD. so as to prevent past property management than ever, the taxpayers are demand- abuses from happening again in the future. ing cost-effective Government. There being no objection, the report To that end, the report makes a number of In and of themselves the personal was ordered to be printed in the specific recommendations on property property problems discussed in the re- RECORD, as follows: mangement reforms. S796 CONGRESSIONAL RECORD — SENATE January 29, 1997 Contributing Factors to DOE Property team to review a new property management practice need to be clarified at both the field Management Problems system (PRISM (Enhanced)) that could be and headquarters levels to ensure that equip- Many deficiencies in the management used Department-wide, bringing a much- ment transfers comply with the law and con- practices of the Department of Energy have needed consistency to property management tribute to economic and technological devel- led to missing and unaccounted for property. efforts. opment while also protecting the taxpayer’s But all together it’s a product of bad man- Finally, a promising (if long-overdue) step interest in what is often very valuable equip- agement. In some instances, the Department is the approval of a number of property man- ment. Such guidance will be crucial as the failed to provide effective policy, or signed agement systems in the past two and a half Department continues its downsizing efforts. management and operating contracts that years. Approval of a property management Management Attention Must Include did not meet the Department’s own regula- system involves headquarters review to de- Accountability termine whether a contractor’s property tions on property management. In others, Notwithstanding the steps the Department management system complies with applica- the Field Offices failed to provide adequate has already taken, we believe that further ble regulations. Whereas in January 1994, oversight, especially (but not only) in the de- actions are necessary to raise the priority of only seven of the 20 major contractors in- velopment and review of site-based property effective property management and assure volved in defense related activities had prop- management systems. These failures have taxpayers that loss and mismanagement of erty management systems approved by DOE, been compounded by inadequate guidance on valuable property will not occur. Approved our latest information is that all but one how to implement policies, inadequate fund- property management systems are a nec- system has been approved. ing for property management, antiquated essary first step, but they must be imple- However, unaccounted for property and property tracking systems, poor property mented by well-trained people who are work- equipment remains a serious problem at nu- records, lack of proper training for employ- ing with modern systems in an environment merous DOE sites. Furthermore, as men- ees charged with property management, wide that supports their efforts both actively and tioned above, the Department recently an- variations in local policies that implement tacitly. Taxpayers expect a common-sense nounced an asset disposition and sale pro- Department regulations, and, for one site at approach to managing property that goes be- gram aimed at realizing $110,000,000 by Sep- least (Rocky Flats), a failure, both in the yond regulations, procedures and the latest tember 30, 2003. As the Department downsizes field and at Headquarters, to follow up on technology. Although they certainly help, over the next few years, there is a danger cases where there was reason to suspect policies, procedures and technologies in and that taxpayer dollars will be further wasted, theft. of themselves cannot ensure that abuses will unless vigorous property management be- Perhaps the root reason for the Depart- not take place. The committment and comes not only a policy at Department ment’s pervasive and decades-long problem knowledge of individuals do count. Headquarters, but an ethic and a practice at with property management lies in its percep- More appropriately, the DOE should hold all sites, among all employees and contrac- tion of the overwhelming importance of its its staff and contractors accountable for the tors. This is much easier said than done. The national security mission. This perception property they use. At the contractor level, Department itself remarked, in response to led to downgrading the importance of proper the quality of property management should the 1996 Inspector General’s audit of DOE’s accounting, custodianship, and disposal of factor heavily into contractor renewal deci- arms and military-type equipment: equipment and other personal property. As a sions; poor property management should re- ‘‘. . ..while Department regulations are ade- highly placed Department executive said to sult in fines or penalties or delay or reduc- quate, compliance is an issue.’’ Secretary the Washington Post: ‘‘When it’s the life and tion of award fees. At the individual level, O’Leary has offered her own assessment that death of civilization, people start being slop- poor property management should be ‘‘. . .correcting deficiencies of the past is a py about some other things.’’ But if that rea- grounds for disciplinary action, demotion, or continuous and long-term effort.’’ son ever had merit, it does not now. Nor do even dismissal. This applies to both super- we think that it was ever an adequate reason Additional Factors Affecting DOE Property visory and working-level personnel, both in for such abuses as selling off no longer need- Management the field and at headquarters. Conversely, ed equipment for a small fraction of its mar- On-going efforts by the Department and exemplary property management should be ket value. the Congress to privatize DOE operations rewarded. And responsibility should lie not Recent DOE Actions to Correct Problems such as the Elk Hills Naval Petroleum Re- only with the field offices and the sites, but Recently the Department has taken en- serve (recently put on hold) and a number of with individual DOE program managers. couraging and good faith efforts to correct the Power Marketing Administrations will An analysis of property management prob- some of these deficiencies. Property manage- place increase pressure on DOE’s existing lems at various of DOE sites follows. ment has been given greater emphasis during property management systems. Congress has Discussion of Past DOE Property Management the renegotiation of some DOE contracts. also set criteria in law for DOE to transfer Problems by Site excess equipment to assist educational insti- For example, the current contract at Rocky Portsmouth, Ohio—Gas Centrifuge tutions and non-profit organizations, as well Flats contain provisions that assign personal Enrichment Plant responsibility to employees and establish as the local economic development efforts of corporate liability for property under their communities negatively impacted by A January 1995 DOE Inspector General 1 control. The Department has completed downsizing. For these privatization and tech- audit (Case No.I93CN015) prepared at the re- wall-to-wall inventories at some sites, in- nology transfer efforts to succeed without quest of Sen. Glenn revealed that property cluding Los Alamos, Hanford, and INEL. substantial waste, we believe that the De- DOE originally spent $177 million to acquire, However, there appears to be little consist- partment must focus increased attention on and which the IG estimates had a market ency between each site’s inventory practices. asset and property management. value of $35 million, was given away for a Further, in November, 1994, DOE issued The technology transfer and economic de- total of $2 million. This property and equip- new interim guidelines both for the control velopment assistance efforts of the Depart- ment came from the Gas Centrifuge Enrich- of high risk personal property and on export ment require more than accurate inven- ment Plant (GCEP) facility which had been control and nonproliferation. The high risk tories. They require that the field offices and closed by DOE. The IG’s report points out property guidelines have been refined several the site contractors understand the proce- that poor inventory controls contributed to times since then, most recently in March, dures under the three acts governing such this outrageous waste of taxpayer dollars. 1996. These regulations require controls be transfers, especially how to balance the in- How this situation developed is a com- developed to safeguard against the inadvert- terests of the Department against those of plicated story that took place over a number ent transfer or disposal of equipment or in- eligible potential recipients outside the De- of years. Still, the outcome shows that the formation that represents a high risk be- partment. The Department has set up pro- Department made a number of mistakes and cause of nuclear proliferation or national se- grams under the Stevenson-Wydler Tech- errors that have left it vulnerable to a loss of curity concerns or because of environmental, nology Innovation Act of 1980, as amended, a significant dollar amount of equipment. health or safety hazards. (These regulations and the Department of Energy Science Edu- In 1985, DOE terminated the GCEP Pro- were revisited following a particularly em- cation Act. These programs also include the gram at Portsmouth. Many of the assets of barrassing property incident at the INEL, Used Energy-Related Laboratory Equipment that program subsequently became surplus. discussed below.) Grant Program and the Math and Science DOE began to inventory the surplus equip- The Department is also taking steps to Equipment Gift Program. Furthermore, ment and establish a database. An official in deal with training needs at the sites and under the FY1994 Defense Authorization Act charge of the inventory effort and subse- field offices and the pressing need for good, (P.L. 103–160), the Department has authority quently interviewed by the IG labeled the consistent information, two themes that to transfer or lease excess Department- database a ‘‘best-guess effort’’ to identify recur in the many GAO and IG reports on owned personal property to private busi- one million pieces of equipment spread over DOE property management problems. In nesses in order to support economic develop- 25 acres. DOE then searched for interested January 1996, the Department established a ment initiatives that could mitigate the ef- parties who might wish to make use of the Process Improvement Team to review train- fects of closing or restructuring Depart- equipment. On November 20, 1987, DOE en- ing needs at the field offices and among its mental facilities. Here, there continue to be tered into an agreement with AlChemIE, Inc. contractors; the Team will make rec- misunderstandings and conflicts between the to transfer equipment and technology to the ommendations on standardized courses. Also claims of the Department and the claims of in January 1996, the field offices formed a local development proponents. Policy and 1 See list of references, at the end of the report. January 29, 1997 CONGRESSIONAL RECORD — SENATE S797 company for the purpose of using it to enrich Sen. Glenn wrote the Department in 1995, ment declared surplus from the GCEP facil- non-fissile isotopes for medical, industrial, asking them a number of questions about the ity was reviewed prior to release to assure and research applications. The agreement missing equipment and their agreement with that the equipment was unclassified equip- stipulated that AlChemIE: remove the equip- Mr. Smelser (Sen. Glenn’s letter and the De- ment, and that unclassified equipment is not ment at its sole expense; pay the Depart- partment’s response can be made available subject to export control regulations. ment a 2 percent annual royalty over 20 upon request). The response from Donald We note that this response cannot be rec- years on gross sales generated by the isotope Pearman, Associate Deputy Secretary for onciled with earlier statements from the De- production facility; and, deposit $2 million in Field Management, noted that the final partment. The issue is not only whether the an escrow account. AlChemIE and DOE also agreement with Mr. Smelser expired on June equipment was classified or unclassified. Nor agreed on an inventory list of equipment to 10, 1994. However, the letter also points out is the issue confined to just this site. As Sec- be transferred, a list that later proved to be that Mr. Smelser owes DOE $487,228 for fees retary O’Leary pointed out in an internal incomplete and inaccurate. Prior to entering associated with removing equipment from memorandum of August 3, 1994 about the the agreement, DOE received an opinion the site, and that Mr. Smelser claims DOE sale of surplus equipment at the Idaho Na- from the Department of Justice that the did not provide all the equipment he was en- tional Engineering Laboratory: agreement did not violate anti-trust law. titled to remove. As a result, there is pend- ‘‘Apparently, the decisions. . ..were based However, AlChemie needed a license from ing litigation, still in the discovery process on whether or not the equipment and related the Nuclear Regulatory Commission (NRC) as of December of 1996, between DOE and Mr. documentation was unclassified. This is an authorizing it to possess gas centrifuge Smelser. Mr. Smelser has filed a claim for inadequate form of control because a great equipment—equipment with national secu- $503,266,375 (i.e., more than a half billion dol- deal of nuclear production processes have rity implications given its potential applica- lars), and the Department has filed a coun- been unclassified for several years. A more tion in the development of nuclear weap- terclaim for $492,208 plus interest for re- appropriate form of control would utilize in- ons—before it could construct the facility. moval services it rendered to Mr. Smelser. formation regarding the proliferation sen- But the NRC did not approve the license. On Not only are inventory controls necessary sitivity of the equipment, materials and re- June 20, 1989, AlChemIE filed for bankruptcy for prudent fiscal management, they are also and became insolvent by August 14, 1990. At lated documentation.’’ critical for environment, safety and health Thus, we recommend that DOE be asked to that time, the IG estimated that equipment purposes, as well as for enforcing our non- with an acquisition value of $46 million had review, for export control purposes, the proliferation policies, which ensure appro- equipment it does know was deemed surplus been transferred to AlChemIE. priate controls over equipment and tech- AlChemIE had secured $2.25 million in es- from the GCEP facility. Specifically, would nology that could be applied to the produc- crow monies through five personal loans any of the items released to Mr. Smelser, if tion of nuclear weapons. Department docu- from the Anderson County Bank in Ten- exported, require either: (a) a validated li- nessee to five individuals representing the ments and correspondence with Mr. Smelser cense from the Department of Commerce; or company. With AlChemIE now bankrupt, An- show that access to, and disposal of, con- (b) an authorization from the DOE; or (c) an derson County Bank assumed title for the re- taminated or classified equipment were on- export license from the NRC? maining equipment secured through the es- going issues in the relationship. Moreover, The GCEP saga is only one in a long list of crow account. On November 28, 1990, the there appears to be some confusion as to the DOE sites with chronically-ill personal prop- bank sold title to the equipment to John impact of the disposition of the GCEP prop- erty management systems. Other problem Smelser, a former executive with AlChemIE erty from a non-proliferation perspective. sites include Rocky Flats, the Idaho Na- and now president of JHS, Inc., an equip- The IG’s report (page 7) states: tional Engineering Laboratory, Los Alamos, ment scrap and salvage company. ‘‘the OIG has not identified, nor has any Sandia, the Central Training Academy, This escrow account raised questions reason to believe, that any contaminated or Fernald and Oak Ridge. classified equipment was released to among state banking authorities. As re- Rocky Flats, Colorado ported by the Oakridger and the Knoxville AlChemIE or Mr.Smelser. It appears that the Journal on February 6, 1991, the U.S. Attor- Department is complying with these proce- The DOE site at Rocky Flats has had per- ney indicted former bank president William dures with respect to Mr. Smelser. The clas- sistent problems managing personal prop- Arowood, attorney Elbert Cooper, and John sified Program material never left the site at erty. In 1993, the Inspector General reported Smelser for conspiring to defraud Anderson Portsmouth; therefore, U.S. Export Control (DOE/IG–0329) that a 1991 inventory con- County Bank of $150,000 from the escrow ac- Rules governing export of sensitive nuclear ducted by the site contractor found 5,900 count. Subsequently, Mr. Arowood and Mr. technology/equipment did not apply.’’ pieces of government equipment with an ac- Cooper were found to be guilty of bank fraud However, a report from DOE’s Deputy As- quisition cost of over $33 million unac- while Mr. Smelser was found to be innocent. sistant Secretary for Security Evaluations counted for or missing from the site, presum- In the interim, Mr. Smelser had pursued to the Under Secretary entitled, ‘‘Release of ably either lost or stolen. A subsequent GAO litigation against the Department for access Nuclear-Related Property and Associated report (GAO/RCED–94–77) summarized the to equipment he claimed was owed him from Documentation by the Department of En- 1991 inventory, and stated that the missing the agreement with AlChemie. After 14 ergy since 1989,’’ (page 12) dated December, or unaccounted for equipment included months they settled, signing a January 23, 1994 is much less comforting: about 1,400 items of computer equipment, 1992 agreement giving Mr. Smelser further ‘‘The only identified release of possibly nu- plus lathes, drill presses, hoists, furnaces, access to the equipment as had been listed clear-related, export-controlled property via laboratory equipment, forklifts, a photo- previously in the AlChemIE agreement. technology transfer came about through an copier and a boat. The IG also criticized Still, a number of items of equipment re- out-of-court settlement. . . This case in- management at Rocky Flats for storing sen- mained in dispute and Mr. Smelser claimed volved the release of a large number of sitive items such as computer equipment that he had been wrongfully denied those equipment items to a single individual by outdoors in the open air, and commingling items. An internal DOE memo noted that Oak Ridge and Portsmouth. . . during the equipment potentially contaminated with many of the items on the list had either period 1989 through June 1993. As a result of radioactivity with uncontaminated items. In been: 1) lost; 2) transferred to GSA; 3) were the out-of-court settlement, and in addition its 1994 report (GAO/RCED–94–77), GAO noted classified or contaminated; 4) had two ID to the gas centrifuge equipment, all excess that a follow-up inventory, completed in numbers; or 5) otherwise were not available. property from Oak Ridge and Portsmouth 1993, found $12.8 million in equipment miss- The memo concluded ‘‘that DOE’s position, from June 1993 and June 1994 was released to ing from the site and another $16.5 million should the dispute be litigated, was weak.’’ this same individual. None of the approxi- that could not be physically located, for a So DOE entered into another agreement with mately 325,000 line items released between total of $29.3 million. Missing items in- Mr. Smelser on June 10, 1993. However, this 1989 and June 1994 were reviewed for export cluded: a semi-trailer, forklifts, cameras, agreement widened the scope of available control. Therefore, it is possible that export- desks, radios, typewriters, a wide variety of equipment and appeared to give Mr. Smelser controlled items were part of this release. laboratory and shop equipment such as bal- carte blanche to take any surplus equipment Although neither classified equipment nor ances and lathes, and over 1,800 pieces of he wanted. The agreement gave him access critical process information was released, computer equipment such as monitors and to surplus equipment property yards at Pa- the large number of items associated with keyboards. As of October, 1995, DOE consid- ducah, Kentucky and Oak Ridge, Tennessee the gas centrifuge enrichment process, to- ered that only $4.5 million of property was in addition to Portsmouth. According to the gether with the excess property items (June missing or could not be physically located. IG, the agreement’s wording was vague and 1993 through June 1994), makes this release However, in a December 1995 report (GAO/ non-specific, for example, granting Mr. potentially sensitive from a nonproliferation RCED–96–39), GAO notes that DOE has writ- Smelser ‘‘all unclassified, uncontaminated perspective.’’ (Emphasis added.) ten off $20.8 million in missing or unlocated loose items on third floor storage area’’ and When Sen. Glenn asked the Department in property. This equipment presumably is lost ‘‘all unclassified, uncontaminated items that his April 25, 1995 letter to comment on the forever. are not required to support building oper- apparent discrepancy between the IG’s re- A July 1995 GAO report (GAO/OSI–95–4) ex- ations.’’ The agreement also waived the first port and the December 1994 report to the amined the likelihood that theft contributed $100,000 in disposal costs incurred by DOE in Under Secretary, the Department responded to the inability of DOE and the site contrac- removing the equipment, with Mr. Smelser that there appears to be no discrepancy. In tor to account for the millions of dollars of to reimburse the Department for costs that response to a further inquiry, the Depart- missing equipment at Rocky Flats. GAO con- exceeded that figure. ment responded in May, 1996 that all equip- cluded that the extent to which theft has S798 CONGRESSIONAL RECORD — SENATE January 29, 1997 been a factor is unknown, because of poor tory, and 16 had been transferred off-site, but Idaho National Engineering Laboratory property management practices and inad- officials were unable to say where. All 66 (A) Fuel processing restoration project equate records. GAO also concluded that were eventually located. Three M–16s and six property poor management practices, such as charac- M–14s were loaned to local police five years A situation eerily reminiscent of the sale terizing possibly stolen equipment as miss- ago without proper approval. (DOE regula- of equipment from the Portsmouth GCEP fa- ing without undertaking an investigation, tions allow loans for one year, or longer if cility occurred in 1993 at DOE’s INEL facil- contributed to an environment that allowed the head of the field organization approves.) ity. In April 1992, because of a diminished theft. GAO further noted that Rocky Flats ‘‘INEL: One out of two armored vehicles need for reprocessed uranium, the Secretary did not always report suspected theft to were missing with no knowledge of its of Energy terminated the Fuel Processing DOE, and that DOE did not always report whereabouts. The IG found no documenta- Restoration (FPR) program at INEL. The suspected thefts to the DOE Inspector Gen- tion to support disposal or transfer. termination left DOE and the M&O contrac- eral or to the FBI, as regulations require. ‘‘Los Alamos: The IG discovered several tor with nearly $54 million in property to be GAO cited the Motor Vehicle Maintenance faulty entries on the inventory database. Six either used in other ways or disposed. The Shop as a place where automotive parts and items listed as guns were radar, spray paint, equipment included, among other things: supplies were easily stolen. DOE reports that or gas guns. An item labeled a vehicle tanker specially designed vessels for nuclear fuel re- physical security of property has been up- was an M–60 tank; another item labeled as a processing, sheet metal, reinforcing steel, graded at Rocky Flats and that cases of pos- rifle was an 8-inch naval gun. The IG found pipe fittings, computers, power tools, port- sible theft are receiving better review. a 20 mm machine gun that was not listed on able welders, flat bed trailers, heavy duty The December 1995 GAO report notes that the database. Two TOW launchers and one shop equipment, and office equipment. DOE has made improvements in manage- Russian rocket launcher were found in a A 1995 IG audit (WR-B–96–04) of $21.2 mil- ment of personal property at Rocky Flats. bunker; none of the three were listed on the lion of this property found that at least $4.2 For example, DOE has incorporated specific database. million was not accurately accounted for and performance measures into its new site man- ‘‘Hanford: Eight light armored personnel excessing procedures were not followed. The agement contract that address many of the carriers were donated to a military museum. IG found that Westinghouse was responsible identified problems with property manage- No documentation was found to show wheth- for $3.58 million of this equipment, while ment. DOE has also established a computer- er the vehicles had been demilitarized. Site MK-Ferguson was responsible for $655,000. In ized tracking system and allocated 2 FTEs officials loaned 24 rifles and shotguns to a addition, the Department procured at least and 2 support contractors to operate it. Be- local law enforcement department nine years $43,000 worth of property and equipment cause a large percentage of the data in the ago. Information on the status of the loan which duplicated that which was already tracking system is inaccurate, DOE has agreement could not at first be found, but available from the unneeded FPR property made updating and correcting these records Richland eventually determined that a sub- inventory. a priority task for FY96. Still, it seems un- sequent 1992 contract covered the firearms. The IG also found that only a small per- likely that Rocky Flats will ever recover ‘‘Savannah River: Several years ago, 4,000 centage (44 of 1,490) of items excessed outside many of these missing items. rounds of ammunition were lost and not re- the Lab were ever entered into the Depart- On May 15, 1995 the Associated Press re- covered. Savannah River was unable to pro- ment’s system for excess property. Accord- ported the story of how David Wang, a col- vide documentation that showed the demili- ing to the IG, Westinghouse project manage- lector of military vehicles who leases them tarization codes for four armored personnel ment would send lists of available property as props to Hollywood movie studios, ob- carriers transferred as excess property to a to contact points at other DOE facilities on tained an armored personnel carrier Federal agency and a local law enforcement an ad hoc basis, instead of using the estab- surplused from the site. (The story built on department. lished, Department-wide disposal system. As a May 5 news release from DOE reporting the ‘‘Sandia: The site averaged nearly 6 weap- a result of using this informal system, prop- recovery of the vehicle and seven others.) ons per security officer. The IG observed 29 erty was not made available to all elements The carrier bought by Mr. Wang was one of tanks, 4 howitzers, and 1 armored personnel of the Department nor to other Federal eight previously donated by Rocky Flats to carrier on site, all transferred from DOD. agencies. Potential customers did not know a military museum in Anderson, Indiana to None of the items were on the inventory, and that unneeded property was available and a be displayed for historical purposes. Rocky none had documents justifying their need or lot of that property has gone unclaimed. Flats officials were supposed to de-militarize use.’’ Further the IG identified 2,700 stock items the vehicles in accordance with DOE regula- In the February 1996 report, the IG made a which had neither been identified for redis- tions, but they did not. The museum owner number of specific recommendations for cor- tribution nor as excess. The IG concludes gave this vehicle away and it was subse- rective action, including that DOE’s Office of that: ‘‘Although we were able to physically quently resold twice before winding up in Nonproliferation and National Security con- locate most of the property, the lack of prop- Mr. Wang’s hands. One of the middlemen in duct a ‘‘needs study’’ to 1) determine what erty accountability rendered the property the transaction, John Ferrie, when asked arms and weapons are necessary and 2) iden- readily susceptible to undetected theft or about the paperwork and procedures for ob- tify unneeded arms for excess or destruction. loss.’’ taining the carrier, was quoted as saying, In addition, the IG recommended that wall- One subset of the FPR property has be- ‘‘It’s kind of a handshake business.’’ to-wall inventories of arms be conducted at come notorious. The case first became public As noted above, DOE seized back the vehi- the sites; that reconciliation of inventory be when the Wall Street Journal reported it in cles. An investigation is currently underway updated; and that a formal process be estab- August 1994. In April 1993, after approxi- to determine any criminal wrongdoing. A lished through a Memorandum of Under- mately $22 million of the FPR property was June 1996 follow up GAO report (GAO RCED– standing to transfer unneeded arms to an ap- distributed within the DOE community 96–149R) found that physical controls and ac- proved disposal site. In their comments on through Westinghouse’s and MK-Ferguson’s counting procedures for firearms, ammuni- the IG report, DOE management concurred informal process, and another $13 million or tion, and other military equipment at Rocky with the IG’s recommendations and stated so retained by INEL, most of the remaining Flats had improved. that they have either taken action, or are property (with an acquisition cost of about Management of Arms and Military Equipment planning to take action, to resolve the issues $18 million) was transferred to INEL’s man- at Several DOE Sites raised in the report. aging contractor, EG&G, for disposal outside In a February 1996 report (DOE/IG–0385), On March 1, 1996 Sen. Glenn wrote the De- the Department. EG&G advertised the equip- the IG concluded that DOE has more weap- partment asking for their response to the ment for sale in June 1993 in the Commerce ons (handguns, shotguns, rifles, submachine specific recommendations in the IG report. Business Daily. On July 12, 1993, much of the guns, light anti-tank guns, howitzers, ar- On April 26, 1996 the Secretary replied, agree- equipment was purchased by Mr. Tom Johan- mored cars, and tanks) than are necessary ing that the Department had more military sen, of Frontier Car Corral/Frontier Salvage for security purposes. The IG also found that equipment than needed, and gave the recent in Pocatello, Idaho. Mr. Johansen paid weapons are not accurately accounted for, changes in the Department’s missions as the $154,000 for equipment originally purchased inventory documentation is not always cor- cause. Secretary O’Leary stated that the De- by DOE for $10 million. rect, and property management regulations partment is working with the Department of The equipment Mr. Johansen purchased were violated in the lending of weapons to Justice to arrange for the transfer of much consisted of 57 large components to the fuel other organizations. Further, the report of DOE’s excess weapons and protective force reprocessing system, including slab tanks, shows that problems with armored vehicles equipment to local law enforcement agen- annular tanks, decanters, separation col- are not isolated to Rocky Flats, but occur at cies. The Secretary cited a number of actions umns, and evaporators with external tube other sites as well. Highlights of the report the Department is taking in response to the sheet heat exchangers. A subsequent DOE in- follow. IG report, including requiring designated vestigation found that, for countries that ‘‘Oak Ridge: Site officials could account personnel to attend the Defense Demili- wish to reprocess nuclear fuel for use in a for only seven out of ten armored vehicles. tarization Program conducted by the U.S. weapons program, acquiring this equipment After IG review, DOE discovered documenta- Army Logistics Management College. The could shorten the time necessary to develop tion showing the location of two of the three Secretary acknowledged that further im- and implement a reprocessing operation. For missing vehicles. About 66 weapons were un- provements are needed, particularly in in- countries without advanced metal manufac- accounted for: 50 had dropped off the inven- ventory control and records management. turing industries, acquiring this equipment January 29, 1997 CONGRESSIONAL RECORD — SENATE S799 could lead to a significant time savings, ac- mittee that Johansen had obtained a number missing at Sandia. The IG testified at a cording to the DOE report. of surplus computers, and that some of these March 17, 1994 hearing held by the Senate Soon after purchasing the equipment, Mr. computers contained national security sen- Governmental Affairs Committee that com- Johansen received copies of architectural en- sitive or restricted data. Sen. Glenn asked puter equipment, machine tools, furniture gineering design drawings associated with the General Accounting Office to investigate and rolls of cable were left outside in the the facility through a FOIA request. On Au- this allegation, and their report, ‘‘Depart- open for extended periods of time. When gust 24, 1993 the DOE was informed by the ment of Energy Procedures Lacking to Pro- Sandia officials tried to re-use some of this State Department that Mr. Johansen was tect Computerized Data’’ (GAO/AIMD–95– equipment, they discovered that it was use- seeking to market his equipment to British 118), was delivered to him in June 1995. less, ruined from over-exposure to the ele- Nuclear Fuels, a private, foreign company. GAO discovered that INEL had sold at ments. Other equipment was improperly The State Department also contacted the least 25, and possibly as many as 50, surplus mixed with radiologically-contaminated NRC who on August 25, 1993 advised Mr. Jo- personal computers to Mr Johansen. Unfor- items. hansen that he would require an NRC license tunately because INEL’s records were so Furthermore, the IG found that a number to export the equipment. By September 1993 poor, it was not possible to determine ex- of excess property items, reported as being in DOE advised their own employees to be actly how many computers were sold, or, good working order by their property aware of nuclear proliferation concerns in- more importantly, whether they contained custodians, were listed as salvage or scrap volving surplus property. The September no- national security sensitive or restricted after being declared excess. Some were com- tification notwithstanding, in January 1994 data. GAO reported that a review by the DOE puters, which their property custodian had Mr. Johansen obtained from DOE’s INEL of- Idaho Operations Chief Information Office thought were to be sent to the University of fice additional technical documents associ- concluded that some of the computers sold New Mexico. Instead, the equipment went to ated with the equipment, including to the salvage dealer may have contained the outdoor lay down yards, marked ‘‘sal- radiographs and blueprints, and a world-wide sensitive data, but did not determine how vage’’ or ‘‘scrap.’’ directory of nuclear facilities. many. The review reached this conclusion The new Sandia Management and Operat- During the next 12 months, as DOE began primarily because DOE’s contractors in- ing Contract between DOE and the new con- to fully realize the implications of this sale, volved in excessing computers with sensitive tractor follows DOE property regulations the Department began negotiating with Mr. data possibly stored on the hard drives did more closely than did the old contract. The Johansen to obtain the equipment and the not have written procedures explaining how DOE Albuquerque Operations Office took a documents that had been sold or given to to properly remove such data. number of steps to remedy the flaws identi- Of the 25 computers which Mr. Johansen him. Eventually the Department paid Mr. fied by the IG’s investigation, including the was confirmed to have purchased, GAO was Johansen $475,000 and took steps to ensure review of Sandia’s property management only able to receive positive assurance that that the equipment would not be used for nu- system, which DOE initially disapproved in 11 of them were not used to process classified clear purposes. Most of the equipment was August, 1994. Sandia then revised its prop- or sensitive data. GAO examined 4 computers turned into scrap and sold, though some of it erty management system, which was condi- directly and found that they contained nu- has been turned into art by an Idaho artist. tionally approved in December, 1995, with merous data files related to DOE’s spent nu- Following the Journal’s articles in August the next review scheduled for April, 1997. clear fuel and radioactive waste manage- 1994 and subsequent Congressional inquiries, At Los Alamos, a 1993 IG report (DOE/IG– ment program, but these files were not found the Department initiated an internal review 0338) estimated that the lab could not ac- to be sensitive. of the matter. That report entitled ‘‘The The General Services Administration has count for as much as $100 million in personal Sale of Reprocessing Equipment at the Idaho issued a government-wide regulation (enti- property, including computers, x-ray ma- National Engineering Laboratory’’ dated tled FIRMR Bulletin C–22) which applies to chines, and oscilloscopes. The IG estimated September 2, 1994 found that there existed DOE and directs agencies to develop internal that another $207 million might be inac- within the Department: procedures to ensure the proper disposition curately inventoried, and that $62 million ‘‘. . .[an] apparent lack of vigilance at all of sensitive automated equipment, including could not be inventoried. The IG identified levels for the potential impacts of releasing personal computers. This regulation applies four reasons for such poor property manage- sensitive, nuclear fuel reprocessing equip- to contractors acting on behalf of the gov- ment: (1) Los Alamos users did not follow re- ment and information to the public. Another ernment as well. While DOE circulated quired procedures when moving property; (2) disturbing development was that the sale FIRMR Bulletin C–22 to its field and oper- Los Alamos did not hold employees finan- was facilitated by a number of DOE and DOE ations offices, it has not ensured that these cially liable and personally accountable for contractor employees located in Idaho and at procedures are being fully implemented. missing, damaged or destroyed property; (3) DOE Headquarters, whose activities, though And, as noted above, DOE contractors do not Los Alamos’s database did not maintain ac- possibly well meaning, were contrary to the have procedures that instruct them on how curate information; and (4) Los Alamos did best interests of the Department. The De- to properly dispose of excess ADP equip- not ensure that loans of personal property to partment’s failure to provide effective policy ment; thus DOE cannot ensure that all ex- employees and others were adequately justi- in this area is of particular concern in light cess computers are properly ‘‘sanitized’’. fied. In addition, the Albuquerque Operations of Congressional pressure to implement leg- This has been a common theme at INEL, as Office failed to monitor Los Alamos’s han- islation on export controls and the fact that well as at other sites. While DOE’s formal dling of personal property in accordance a draft order on export controlled informa- policies and rules exist on paper and are with Department regulations. tion has existed since 1988.’’ often sufficient as policies, they are not The Department disagreed with the $100 The report goes on to conclude: ‘‘Although being implemented at the working or ground million estimate of unaccounted-for prop- actual damage in this case may be limited, level. erty, but acknowledged that Los Alamos’s the incident resulted in an appearance of in- This incident points to a potential gap data base was so inaccurate that it could not eptitude on the part of Departmental ele- throughout the DOE system regarding sur- validate the estimate from the database. ments. More importantly, system break- plus computers. The Department should take During the audit, Los Alamos conducted a downs of this type could have more severe immediate steps to implement procedures to wall-to-wall inventory of personal property. consequences in other similar situation ensure that surplus computers are properly Following the reconciliation of the wall-to- where the equipment and documents in- sanitized of classified, restricted or sensitive wall inventory, Los Alamos requested, and volved may be extremely sensitive or even data. In the absence of a more formal policy, DOE approved, a write-off of nearly $10 mil- classified.’’ the default policy of the DOE should be to lion in acquisition value of equipment. As a result of the Idaho sale, the Depart- sanitize all computers before they are The Albuquerque Operations Office and Los ment reviewed all sales and releases to the surplused, thus ensuring that the Alamos have taken a number of corrective public of nuclear-related property and infor- inadvertant release of sensitive data will actions to respond directly to the four defi- mation since 1989, issued new guidelines both occur. ciencies noted above. In addition, Los on export control and nonproliferation and In response to the GAO report, DOE issued Alamos’s property management system, in a on the control of high-risk personal property two memoranda to its operations and field status of ‘‘Disapproved’’ in January, 1994, has and ordered the Operations and Field Offices offices asking them to ensure implementa- since been approved. Finally, DOE reports to put a moratorium on release of equipment tion of procedures to sanitize surplus com- that Los Alamos’s inventory trends have or materials until they certified in writing puters at all sites, to review their procedures substantially improved. that procedures were in place to implement for sanitizing surplus computers and to Central Training Academy (CTA), New the new policies. make necessary changes to bring them into Mexico (B) Computer equipment conformity with the appropriate regulations. In a August 1, 1991 hearing held by the During the Governmental Affairs Commit- In addition, during FY96, DOE committed to Committee on Governmental Affairs, we tee’s review of the INEL/Johansen affair, we provide guidance to its sites on Bulletin C–22 learned that the Department and its site discovered that in addition to buying surplus and to issue the new Information Systems contractor may have been using wiretaps nuclear reprocessing equipment, Protection Program Manual and Guidelines. and surveillance equipment to covertly mon- Mr.Johansen also obtained more mundane, Sandia and Los Alamos, New Mexico itor whistleblowers at Hanford. Subse- but potentially as disturbing, surplus equip- In a 1994 report (DOE/IG–0343), the IG re- quently, on August 13, 1991, the Undersecre- ment from INEL. It was alleged to the Com- ported equipment with a value of $389,000 tary of Energy ordered that all surveillance S800 CONGRESSIONAL RECORD — SENATE January 29, 1997 equipment stored at the various DOE sites be until DOE approved proper sales procedures. (5) consolidate existing personal property, transferred to CTA (a DOE training facility Fernald submitted a property control system real property, and asset management pro- for security and other activities) until such encompassing sales of property, which was grams into one HQ office; time as legal and logistical arrangements approved in July, 1995. Fernald has resumed (6) develop long term (5, 10 year) property could be made to transfer this property to sales of excess property. and asset management plans; Federal, state, or local law enforcement Other problems, as well as some progress, (7) conduct property and asset manage- agencies. Items containing either secret were found at Fernald. In 1993, Fernald, in its ment oversight of field and program offices; audio or visual (or both) recorders included first complete physical inventory since the (8) establish property management sprinkler heads, radios, speakers, a notebook 1950s, identified $2.3 million in missing perfomance standards as part of personnel binder, a pencil sharpener, an envelope, and equipment, and in 1994, identified and de- evaluations for appropriate personnel; (9) develop and recommend changes to ac- a baseball cap, among others. Further, DOE’s clared more than $5 million of personal prop- counting systems to better track and man- Director of the Office of Intelligence and Na- erty as excess. These were good steps. How- ever, a November 1994 IG report (ER–B–95–02) age property and assets; tional Security issued a memorandum on No- (10) search for and evaluate new tech- found that Fernald, under a new contractor, vember 9, 1993 affirming Department policy nologies that may be used to better inven- had incurred costs of $642,000 for purchase prohibiting ‘‘the conduct of surveillance ac- tory and track personal property; and tivities and the possession and/or use of sur- and storage of furniture in excess of needs. (11) establish training courses and pro- veillance equipment for any purpose.’’ Ex- Further costs were incurred because of dam- grams on sound property management poli- ceptions could only be made for ‘‘law en- age from mishandling. Moreover, storage cies and procedures; forcement agencies/elements operating under practices placed supply items at risk of radi- The Office should also work closely with .. . court order.’’ In sum, DOE was to be get- ological contamination and inventory the DOE offices in charge of nonprolifera- ting out of the surveillance business. records were inaccurate. The IG also found tion, national security and export controls Over three years after the Undersec- that Fernald employees lacked the training to ensure that property with national secu- retary’s directive sending surveillance equip- to properly account for Government prop- rity implications are disposed of properly. ment to the CTA for temporary storage, a erty. Fernald and the Ohio Field Office com- The Office should also consult and coordi- December 1994 IG report (DOE/IG–0365) stated mitted to a number of steps to respond to nate with the DOE environmental manage- that none of the equipment had been trans- these problems. ment programs to ensure that contaminated ferred to Federal, state, or local law enforce- Oak Ridge, Tennessee property is appropriately controlled. Fur- ment, nor were there any arrangements to A 1994 GAO analysis (GAO/RCED–94–249R) thermore, the Office should establish appro- make such transfers as had been ordered by of property management activities at Oak priate procedures to meet the requirements the Undersecretary. Further, the CTA’s in- Ridge found that the site prime contractor, and further the missions of economic devel- ventory records were incomplete. There were Martin Marietta, had no system to monitor opment and technology transfer, in coopera- no records or receipts for more than 100 subcontractor use and possession of govern- tion with the Office of Worker and Commu- pieces of surveillance equipment stored at ment-owned equipment. As a result, neither nity Transition and the Office of Technology CTA. Finally, the IG noted a April 20, 1994 DOE and nor the prime contractor know Utilization. memo from the Director, Office of Safe- which subcontractors have government prop- (2) Review existing property management guards and Security to its field personnel. erty, what property they have, and how rules, orders and guidance The memo stated the Department might be much its value is. Further, the prime con- Through the OPAM, the Department able to achieve an agreement to obtain ‘‘a tractor has not moved to implement a sys- should review existing rules, orders and guid- telephonic court order’’ to use the equipment tem that tracks and accounts for property ance concerning the control of personal prop- in a ‘‘security emergency condition’’, in held by its subcontractors, even though this erty, and issue new rules, or strengthen or which case the CTA ‘‘will be requested to re- problem has been consistently raised in DOE clarify existing rules, as appropriate, per- turn to you specific Special Response Team reviews since at least 1988. DOE concurred taining to the following: Demilitarization equipment currently in storage.’’ This memo with the GAO findings, and directed the Oak procedures for appropriate equipment; sani- seemingly contradicts both the 1991 and 1993 Ridge Operations Office to develop a correc- tization of data contained on computers; ex- directive. tive action plan, which DOE Headquarters port controls over nonproliferation or na- In April, 1995, the Department responded to would review. The problem of inadequate tional security sensitive items; decon- the IG report, stating that the CTA tech- oversight of subcontractors by the prime tamination and disposal procedures for envi- nical surveillance equipment (TSE) had been contractor is likely to occur at sites other ronmentally-contaminated property; report- inventoried and then transferred to the FBI than Oak Ridge. ing and investigative procedures when theft and the National Park Service and that no Recommendations is a possibility; and priorities and procedures TSE remained at the CTA. The Department governing release of equipment for economic position further stated: ‘‘The Director, Office Given the findings of this report, the his- development, educational and other non-De- of Nonproliferation and National Security tory of property mismanagement at DOE, partmental purposes. The Office should re- will not authorize the general, unrestricted continued downsizing, existing legal require- port annually to Congress on the results of use of covert surveillance operations and ments and directives, and the planned asset this review. equipment.’’ We note the Department’s re- disposition program, the staff recommends nunciation of ‘‘general, unrestricted use’’ of that the Department take the following (3) Improve and coordinate property manage- covert surveillance, but we strongly rec- steps to improve its property management ment oversight with the General Services ommend that DOE be asked to clearly and program. Agency (GSA) precisely explain the circumstances under (1) Create an Office of Property and Asset DOE and GSA should jointly develop a plan which it thinks it would be entitled to en- Management (OPAM). to exercise more rigorous oversight over gage in covert surveillance. This is our principal recommendation. We DOE’s disposal of property in accordance Fernald, Ohio urge the establishment of a policy-level of- with the Federal Property Act and, within fice based in Washington with authority to one year, report to the Governmental Affairs A February 1993 IG report (DOE/IG–0320) oversee field activity. As has been noted Committee on its plan and the results of the found that the outgoing Fernald contractor throughout this report, fragmented and plan. did not dispose of excess government equip- poorly coordinated property management (4) Incorporate strong property management ment properly. Public sales of surplus equip- policies and practices have lead to many principles in DOE contracts ment were not advertised, minimum prices abuses in the field. If done properly, cen- were not established, and cash collection was DOE should continue to incorporate per- tralization of this responsibility should help not adequately controlled. The contractor formance-based standards in personal prop- prevent future abuses. The Office would re- also mixed radiologically contaminated erty management as new M & O contracts port directly to the Secretary. equipment with uncontaminated equipment, are awarded, and extend those standards to The mission and responsibilities of this subcontractor management of equipment. which meant that the commingled equip- policy-level office would be to: ment had to be classified as low level waste DOE should evaluate how well each principal (1) coordinate the implementation of the management and operating contractor over- and sent to the Nevada Test Site for dis- various internal property management ini- posal. The net result of these improper prac- sees its subcontractors who maintain and op- tiatives; erate government equipment. It should ex- tices, according to the IG, was that DOE in- (2) coordinate policy response to the legal plore contractual methods of linking M&O’s curred unnecessary costs and lost revenues property management directives (i.e. Ste- performance (and payment) to their sub- of over $117,000 and equipment with a net venson-Wydler, Federal Property Act, De- contractors property management perform- book value of over $245,000 was improperly fense Authorization Act requirements, and ance. disposed of. Upon review, the DOE contract- any future asset disposition legislation); ing officer allowed these costs. The bigger (3) track and provide top-level manage- (5) Hold contractor and civil service person- concern was that DOE would be vulnerable ment for asset sales; nel accountable for property management to larger losses as Fernald disposed of $27.8 (4) develop consistent, department-wide in- abuses million in excess equipment during site ventory practices and procedures that in- DOE should take appropriate disciplinary cleanup. Accordingly, the Fernald Field Of- cludes review and feedback procedures on action against DOE and field personnel re- fice suspended sales of excess equipment current property management systems; sponsible for the most egregious abuses in January 29, 1997 CONGRESSIONAL RECORD — SENATE S801 disposal of personal property. It should mod- GAO/RCED–96–149R, Military Equipment at Bob Dole—after this very prestigious ify DOE personnel procedures and practices Rocky Flats; (June 1996). ceremony in the East Room of the to hold DOE field and line personnel ac- Management of Arms and Military White House with the President offer- countable for future implementation of ef- Equipment ing up one of these most coveted rec- fective personal property systems as well as DOE/IG–0385, Special Audit Report on the develop incentive system to reward and en- ognitions in our Nation for the leader, Department of Energy’s Arms and Military- Bob Dole, former Presidential can- courage innovative property management Type Equipment (February 1996). successes. didate—when he stepped forward and in Idaho National Engineering Laboratory (6) Allocate additional resources for property humor began to recite his oath of of- management (No number) The Sale of Reprocessing fice. Equipment at the Idaho National Engineer- Where cost effective, DOE and Congress That statement overshadowed the ing Laboratory; (Deputy Assistant Sec- statement that was to follow, and that should dedicate more resources and FTEs to retary/Security Evaluation, DOE; September personal property management at both head- 2, 1994). was the statement by Bob Dole as to quarters and in the field. GAO/AIMD–95–118, Department of Energy his feelings and his emotions that are a (7) Report to Congress Procedures Lacking to Protect Computerized part of the person that you, Mr. Presi- We recognize that DOE is taking several of Data; (June 1995). dent, and I have grown to know and re- the steps we are recommending, and we wish WR-B–96–04, Audit of Fuel Processing Res- spect over the years as it relates to his both to commend DOE for its initiative, and toration Property (October 1995). Americanism, his leadership, and his to reinforce the importance of those actions. Sandia and Los Alamos, New Mexico patriotism. We recommend that DOE report back in DOE/IG–0338, Audit of Personal Property So it is with that in mind that I in- writing in one year to the Congress, and in Management at Los Alamos National Lab- sert into the RECORD this afternoon the particluar to the Governmental Affairs Com- oratory (December 1993). statement that Senator Dole made mittee, on the consideration given to, and DOE/IG–0343, The Inspection of the Man- the implementation of, the recommenda- agement of Excess Personal Property at that afternoon, this January 17, at the tions contained in this report. DOE’s report Sandia National Laboratory, Albuquerque, White House as he received the Presi- to Congress should emphasize observed and New Mexico (March 1994). dential Medal of Freedom. It was a measurable improvements in property man- Central Training Academy (CTA), New beautiful statement. It was an emo- agement resulting from these efforts. Mexico tional statement. And for all of us who CONCLUSION DOE/IG–0365, Report on the Inspection of were there, it was the statement of a The Department has made encouraging ef- the Status of the Disposal of Technical Sur- man who we had grown to know and forts to correct the problems and abuses de- veillance Equipment at the Central Training who we knew as a Senator from Kan- tailed in this report. Still, we believe the De- Academy Albuquerque, New Mexico; (Decem- sas, who we knew as a Presidential partment can and must do more. That’s why ber 1994). candidate, but most importantly a man this report includes specific recommenda- Fernald, Ohio tions—including the creation of an Office of who we knew as a leader of the U.S. Property and Asset Management—for correc- DOE/IG–0320, Disposal of Excess Capital Senate, a great American, a great tive measures DOE should take as part of a Equipment at the Fernald Environmental American statesman, and a great comprehensive plan to remedy its chronic Management Project—Fernald, Ohio; (Feb- American patriot. property management problems. These ruary 1993). With that in mind, I ask unanimous measures do not need legislation to be imple- ER-B–95–02, Report on Audit of Property Management at Fernald Environmental Res- consent that the statement of Bob Dole mented, but, if the Department ignores as he received his Presidential Medal of them, we may recommend that they be in- toration Management Corporation; (Novem- Freedom award be printed in the CON- corporated into legislation. ber 1994). The proposed Office of Property and Asset Oak Ridge, Tennessee GRESSIONAL RECORD. Management will force the Department to GAO/RCED–94–249R, Department of Ener- There being no objection, the mate- address the issue of personal property dis- gy’s Property Management (July 1994). rial was ordered to be printed in the posal as it downsizes, and to ensure such dis- Background on Several Sites RECORD, as follows: posal is done in the best interest of the tax- DOE/IG–0344, Summary Report on the De- REMARKS OF SENATOR BOB DOLE ON RECEIPT payer. The Department has announced that partment of Energy’s Management of Per- OF THE PRESIDENTIAL MEDAL OF FREEDOM; it plans to save $14 billion over 5 years from sonal Property; (March 1994). JANUARY 17, 1997 downsizing and budget reductions and that GAO/RCED–94–154FS, Status of DOE’s Mr. President, no one can claim to be equal sales of surplus assets are expected to gen- Property Management Program (April 1994). to this honor. But I will cherish it as long as erate at least $110 million by September 30, Mr. GLENN. Mr. President, I suggest I live, because this occasion allows me to 2003. However, without further improve- honor some others who are more entitled. At ments in personal property management, the absence of a quorum. every stage of my life, I have been a witness and without the sustained higher priority for The PRESIDING OFFICER (Mr. to the greatness of this country. property management that the Office pro- GREGG). The clerk will call the roll. I have seen American soldiers bring hope posed in this report will provide, it is likely The assistant legislative clerk pro- and leave graves in every corner of the that we will continue to see abuses take ceeded to call the roll. world. I have seen this Nation overcome De- place as the Department implements its Mr. CRAIG. Mr. President, I ask pression and segregation and Communism, downsizing plan. unanimous consent that the order for turning back mortal threats to human free- REFERENCES the quorum call be rescinded. dom. And I have stood in awe of American Portsmouth, Ohio—Gas Centrifuge The PRESIDING OFFICER. Without courage and decency—virtues so rare in his- Enrichment Plant tory, and so common in this precious place. objection, it is so ordered. I can vividly remember the first time I Case No.I93CN015 Administrative Report to f walked into the Capitol as a Member of Con- Management, Office of Inspector General; gress. It was an honor beyond the dreams of (January 3, 1995). SENATOR BOB DOLE’S REMARKS a small town. I felt part of something great (No number) Release of Nuclear-Related UPON RECEIVING THE PRESI- and noble. Even playing a small role seemed Property and Associated Documentation by DENTIAL MEDAL OF FREEDOM like a high calling. Because America was the the Department of Energy since 1989; (Dep- hope of history. uty Assistant Secretary For Security Eval- Mr. CRAIG. Mr. President, I come to I have never questioned that faith in vic- uations, DOE; December 1994). the floor this afternoon to place in the tory or in honest defeat. And the day I left Rocky Flats, Colorado RECORD the remarks of a great Amer- office, it was undiminished. I know there are DOE/IG–0329, Inspection of Management of ican statesman who I and many of us some who doubt these ideals. And I suspect Excess Personal Property at Rocky Flats; had the privilege to watch being recog- there are young men and women who have (May 1993). nized in the White House on January not been adequately taught them. So let me GAO/RCED–94–77, The Property Manage- 17. I speak to Senator Bob Dole and his leave a message to the future. ment System at the Rocky Flats Plant in In- leadership in our Nation, his states- I have found honor in the profession of pol- adequate; (March 1994). manship, his patriotism, and especially itics. I have found vitality in the American GAO/OSI–95–4, Poor Property Management the comments he made in receiving the experiment. Our challenge is not to question Allowed Vulnerability to Theft at Rocky American ideals, or replace them, but to act Flats; (July 1995). Presidential Medal of Freedom on Jan- worthy of them. GAO/RCED–96–39, Property Management uary 17. I have been in Government at moments Has Improved at DOE’s Rocky Flats Site; I think we were all captivated in the when politics was elevated by courage into (December 1995). evening news by the great humor of history—when the Civil Rights Act was S802 CONGRESSIONAL RECORD — SENATE January 29, 1997 passed—when the Americans With Disabil- EXECUTIVE AND OTHER Executive Office of the President, transmit- ities Act became law. No one who took part COMMUNICATIONS ting, pursuant to law, the cumulative report in those honorable causes can doubt that on rescissions and deferrals dated January 1, public service, at its best, is noble. The following communications were 1997; referred jointly, pursuant to the order The moral challenges of our time can seem laid before the Senate, together with of January 30, 1975, as modified by the order less clear. But they still demand conviction accompanying papers, reports, and doc- of April 11, 1986, to the Committee on Appro- and courage and character. They still require uments, which were referred as indi- priations, to the Committee on the Budget, young men and women with faith in our cated: to the Committee on Finance, and to the process. They still demand idealists, cap- EC–930. A communication from the Sec- Committee on Foreign Relations. tured by the honor and adventure of service. retary of Transportation and the Secretary f They still demand citizens who accept re- of Defense, transmitting jointly, pursuant to sponsibility and who defy cynicism, affirm- law, a report relative to the Coast Guard; to REPORTS OF COMMITTEES ing the American faith, and renewing her the Committee on Appropriations. The following reports of committees hope. They still demand the President and EC–931. A communication from the Assist- were submitted: Congress to find real unity in the public ant Secretary of Commerce for Export Ad- By Mr. STEVENS, from the Committee on good. ministration, transmitting, pursuant to law, Appropriations, without amendment: a rule entitled ‘‘Entity List’’ (RIN0694–AB24) If we remember this, then America will al- S. Res. 33. A resolution authorizing ex- received on January 27, 1997; to the Commit- ways be the country of tomorrow, where penditures by the Committee on Appropria- tee on Banking, Housing, and Urban Affairs. every day is a new beginning and every life tions. an instrument of God’s justice. EC–932. A communication from the Deputy Assistant Administrator for Fisheries, De- By Mr. MURKOWSKI, from the Committee Mr. President, Elizabeth and Robin join me partment of Commerce, transmitting, pursu- on Energy and Natural Resources, without in wishing you and Mrs. Clinton all the best ant to law, a rule entitled ‘‘Financial Assist- amendment: as you embark on your second term. May ance for Research and Development S. Res. 34. A resolution authorizing ex- God bless you, and each inhabitant of this Projects’’ (RIN0648–ZA26) received on Janu- penditures by the Committee on Energy and House, and may God bless America. ary 27, 1997; to the Committee on Commerce, Natural Resources. Mr. CRAIG. Thank you, very much, Science, and Transportation. By Mr. JEFFORDS, from the Committee Mr. President, and I note the absence EC–933. A communication from the Acting on Labor and Human Resources, without amendment: of a quorum. Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- S. Res. 35. An original resolution authoriz- The PRESIDING OFFICER. The ant to law, a rule entitled ‘‘Fisheries of the ing expenditures by the Committee on Labor clerk will call the roll. Exclusive Economic Zone Off Alaska’’ re- and Human Resources. The legislative clerk proceeded to ceived on January 27, 1997; to the Committee f call the roll. on Commerce, Science, and Transportation. EC–934. A communication from the Acting PETITIONS AND MEMORIALS Mr. LOTT. Mr. President, I ask unan- Director of the Office of Surface Mining, The following petitions and memori- imous consent that the order for the Reclamation and Enforcement, Department als were laid before the Senate and quorum call be rescinded. of the Interior, transmitting, pursuant to were referred or ordered to lie on the law, a rule entitled ‘‘Texas Regulatory Pro- The PRESIDING OFFICER. Without table as indicated: objection, it is so ordered. gram and Abandoned Mine Land Reclama- tion Plan’’ (TX025FOR) received on January POM–22. A resolution adopted by the Mili- Mr. LOTT. Mr. President, before I 27, 1997; to the Committee on Energy and tary Order of the World Wars relative to the ask for some unanimous-consent agree- Natural Resources. reevaluation of the national military strat- ments and do the close, I want to com- EC–935. A communication from the Direc- egy; to the Committee on Armed Services. mend, also, the remarks of Senator tor of the Office of Congressional Affairs, POM–23. A resolution adopted by the Mili- Dole that were just printed in the U.S. Nuclear Regulatory Commission, trans- tary Order of the World Wars relative to the flag; to the Committee on Armed Services. RECORD by the distinguished Senator mitting, pursuant to law, a rule entitled POM–24. A resolution adopted by the Mili- from Idaho. I attended the ceremony ‘‘Duplication Fees’’ (RIN3150–AF60) received on January 27, 1997; to the Committee on En- tary Order of the World Wars relative to ter- where Senator Dole received the Presi- vironment and Public Works. rorism; to the Committee on Armed Serv- dential Medal of Freedom. I must say, EC–936. A communication from the Assist- ices. it was one of the most inspiring events ant Secretary of the Interior for Fish and POM–25. A resolution adopted by the Mili- I have ever attended. Wildlife and Parks, transmitting, pursuant tary Order of the World Wars relative to the First of all, I think the President de- to law, a rule entitled ‘‘Migratory Bird Hunt- retention of nuclear deterrent capabilities; serves credit for presenting this very ing’’ (RIN1018–AD94) received on January 27, to the Committee on Armed Services. 1997; to the Committee on Environment and POM–26. A resolution adopted by the Mili- deserving leader of our country the Public Works. tary Order of the World Wars relative to na- Medal of Freedom. EC–937. A communication from the Acting tional security; to the Committee on Armed Second, I think I have probably never Director of the Office of Fish and Wildlife Services. been to an event where there was more Service, Department of the Interior, trans- POM–27. A resolution adopted by the Leg- of a combination of a feeling of good mitting, pursuant to law, two rules including islature of the State of New Jersey; to the a rule entitled ‘‘Determination of Threat- Committee on Foreign Relations. will, appreciation for our veterans, pa- ened Status’’ (RIN1018–AB75, AB88) received RESOLUTION NO. 126 triotism and humility and humor, all on January 27, 1997; to the Committee on En- wrapped in one event. It was really an vironment and Public Works. Whereas, During the horrific period when inspiration. EC–938. A communication from the Admin- the Nazis ruled Europe, many Jews in Ger- many and Eastern Europe saw Switzerland Bob Dole’s remarks, which are in the istrator of the U.S. Agency for International Development, transmitting, pursuant to law, as the only safe haven for their assets be- RECORD, are typical of Bob. He said al- the report of the Office of the Inspector Gen- cause of Switzerland’s neutrality and Swit- most nothing about the fact that he eral for the period April 1 through Septem- zerland’s banking secrecy laws; and was receiving this honor, other than ber 30, 1996; to the Committee on Govern- Whereas, As a result of the Holocaust, the fact that he would cherish it. He, mental Affairs. many of the accounts established in Swiss instead, chose to talk about American EC–939. A communication from the Direc- banks were dormant after the end of World soldiers and the service they gave and tor of Regulations Policy, Management War II; and the American experiment, Govern- Staff, Office of Policy, Food and Drug Ad- Whereas, In 1962 Switzerland set up a sys- ministration, Department of Health and tem in which any money found in dormant ment, history—magnificent remarks. accounts of which no claim had been made Also, he had that special moment of Human Services, transmitting, pursuant to law, a rule entitled ‘‘Dental Devices’’ re- for five years and thought to belong to Holo- history where I thought for a moment ceived on January 27, 1997; to the Committee caust victims was put into a special govern- he was going to be sworn in to be Presi- on Labor and Human Resources. ment account to be used to support chari- dent of the United States instead of EC–940. A communication from the Under table organizations; and being given the Medal of Freedom. Secretary of Defense (Personnel and Readi- Whereas, The world has recently become It was a tremendous occasion. I am ness), transmitting, pursuant to law, the re- aware of the probable misuse of those funds to compensate Swiss citizens for property ex- very proud that Bob Dole received this port of the consolidated financial statements of the American Red Cross; to the Commit- propriated by former communists regimes in recognition, and I am delighted we put tee on Labor and Human Resources. Eastern Europe; and his statement in the RECORD for all EC–941. A communication from the Direc- Whereas, Every effort should be made to Americans to read it. tor of the Office of Management and Budget, assure that surviving family members of January 29, 1997 CONGRESSIONAL RECORD — SENATE S803 Holocaust victims receive the money in dor- Timothy J. Custer Christopher M. John E. Harding John G. Turner mant accounts that is legitimately and prop- Nathalie Dreyfus Rodriquez Andrew P. Kimos Kirk D. Johnson erly theirs; and Scott A. Kitchen Richard J. Raksnis Craig S. Swirbliss Ramoncito R. Whereas, In those instances in which no Kurt A. Clason Patrick P. John T. Davis Mariano surviving members come forward or can be Jack W. Niemiec O’Shaughnessy John J. Arenstam David R. Bird located, the monies in those accounts should Gregory W. Martin Mark C. Riley Anthony R. Leigh A. Archbold be used to help Holocaust survivors through- Rhonda F. Gadsden Spencer L. Wood Gentilella William B. Brewer out the world who are indigent and in need Nona M. Smith Eric A. Gustafson John M. Fitzgerald Dana G. Doherty of financial assistance; and Glen B. Freeman Ricardo Rodriquez William G. Kelly Whereas, The President of the United William H. Rypka Christopher E. States and the Congress of the United States Robert C. Lafean Austin The following Reserve officers of the U.S. should undertake all appropriate actions to Gerald F. Shatinsky Randall A. Perkins Coast Guard for promotion to the grade of encourage the government of Switzerland to Thomas J. Curley III III lieutenant commander: establish a fund consisting of those un- Steven M. Hadley Richard R. Jackson, Monica L. Lombardi Sloan A. Tyler claimed monies and to make those monies Jerome R. Crooks, Jr. Michael E. Tousley Donald A. LaChance available to Holocaust survivors throughout Jr. Timothy B. O’Neal Laticia J. Argenti II the world who are indigent and in need of fi- John F. Eaton, Jr. Pete V. Ortiz, Jr. Thomas F. Lennon Karen E. Lloyd nancial assistance; now, therefore, be it Charles A. Howard Robert P. Monarch Resolved by the General Assembly of the State David H. Dolloff Paul D. Lange The following individual for appointment of New Jersey: Mark A. Hernandez Edward J. Hansen, as a permanent regular commissioned officer 1. This House calls upon the President of Stephen E. Maxwell Jr. in the U.S. Coast Guard in the grade of lieu- the United States and the Congress of the Robert E. Ashton Donald J. Marinello tenant commander: United States to undertake all appropriate David W. Lunt Paul E. Franklin Laura H. Guth actions to encourage the government of Abraham L. Charles A. Milhollin The following officers of the U.S. Coast Switzerland to establish a fund consisting of Boughner Steven A. Seiberling Guard Permanent Commissioned Teaching the monies in any unclaimed accounts in William J. Milne Dennis D. Dickson Staff at the Coast Guard Academy for pro- Swiss banks belonging to victims of the Hol- Glenn F. Grahl, Jr. Scottie R. Womack motion to the grade indicated: ocaust and to make those monies available Gregory W. Blandford Timothy N. Scoggins to Holocaust survivors throughout the world Anne L. Burkhardt Ronald H. Nelson To be commander who are indigent and in need of financial as- Douglas C. Lowe Gene W. Adgate Robert R. Albright II Lucretia A. sistance. Thomas M. Miele Henry M. Hudson, Jr. Flammang 2. Duly authenticated copies of this resolu- Eddie Jackson III Barry J. West To be lieutenant commander tion, signed by the Speaker of the General Anthony T. Furst Frank D. Gardner Assembly and attested by the Clerk thereof, Matthew T. Bell, Jr. Jeffrey W. Jessee James R. Dire shall be transmitted to the President of the Duane R. Smith Ralph Malcolm, Jr. The following officers of the U.S. Coast United States, the Vice President of the Marc D. Stegman George A. Eldredge Guard Reserve for promotion to the grade in- United States, the Speaker of the House of Kevin K. Kleckner Donald N. Myers dicated: Representatives, the majority and minority William G. Hishon Scott E. Douglass leaders of both Houses, and every member James A. Mayors Richard A. To be captain elected to the Congress from this State. Larry A. Ramirez Paglialonga Francis C. Buckley Wyman W. Briggs John K. Little To be commander POM–28. A resolution adopted by the Met- Benjamin A. Evans James E. Hawthorne, ropolitan Nashville Arts Commission of Gwyn R. Johnson Jr. Sharon K. Richey Allen K. Harker Nashville, Tennessee relative to the Joe L. Tracy L. Slack Samuel Walker VII Pursuant to the provisions of 14 U.S.C. 729, Evins Appalachian Center Crafts; to the Geoffrey L. Rowe Jay A. Allen the following-named commanders of the Committee on Labor and Human Resources. Thomas C. Hasting, Robert R. Dubois Coast Guard Reserve in the grade of captain: f Jr. Gordon A. Loebl John M. Shouey Robert J. Hennessy Ronald G. Dodd John M. Richmond EXECUTIVE REPORTS OF William H. Oliver II Gary T. Croot Michael E. Thompson Edward R. Watkins Thomas E. Crabbs COMMITTEES Talmadge Seaman Samuel L. Hart The following Regular officers of the U.S. The following executive reports of William S. Strong Steven D. Stilleke Coast Guard for promotion to the grade of committees were submitted: Mark E. Matta Webster D. Balding captain: Richard C. Johnson John S. Kenyon By Mr. MCCAIN, from the Committee on Joseph F. Ahern David W. Ryan Janis E. Nagy Christopher N. Hogan Commerce, Science, and Transportation: Scott F. Kayser Mark G. James O. Fitton Douglas J. Conde William M. Daley, of Illinois, to be Sec- Jeffrey G. Lantz Vanhaverbeke Salvatore G. Thomas D. Combs III retary of Commerce. James B. Crawford Jeffrey A. Florin Palmeri, Jr. William R. Clark Adan D. Guerrero James Sabo (The above nomination was reported Terry D. Converse Beverly A. Havlik William J. John C. Simpson with the recommendation that he be Mark D. Rizzo Donna A. Kuebler Hutmacher Paul C. Ellner confirmed.) John R. Lussier Thomas H. Farris, Jr. William C. Bennett Gregory P. Hitchen Timothy A. Frazier Walter S. Miller Mr. MCCAIN. Mr. President, for the Glenn L. Snyder Steven A. Newell Melvin W. Bouboulis Timothy E. Karges Joel R. Whitehead Committee on Commerce, Science, and Mark E. Blumfelder Richard W. Sanders Rocky S. Lee Douglas E. Martin Transportation, I report favorably Douglas P. Rudolph Melissa Bert David Self James J. Lober, Jr. eight nominations lists in the Coast Jason B. Johnson Randy C. Talley Richard W. Goodchild Guard, which were printed in full in Richard A. Rooth Anita K. Abbott John D. Gallagher John L. Grenier Wayne D. Gusman the CONGRESSIONAL RECORD on January Raymond W. Pulver Robert M. Camillucci Jon T. Byrd Lawrence M. Brooks 7, 1997, and ask unanimous consent, to Verne B. Gifford Robert G. Garrott Timothy S. Sullivan Michael J. Devine save the expense of reprinting on the Stuart M. Merrill Christopher B. Adair Executive Calendar, that these nomi- Scott N. Decker Gregory W. Johnson The following Reserve officer of the U.S. nations lie at the Secretary’s desk for Joseph E. Vorbach Eric C. Jones Coast Guard for promotion to the grade of the information of Senators. Peter W. Gautier Scott A. Memmott captain: Kevin E. Lunday Marc A. Gray Catherine M. Kelly The PRESIDING OFFICER. Without Matthew T. Ruckert Anthony Popiel objection, it is so ordered. Brian R. Bezio Graham S. Stowe Pursuant to the provisions of 14 U.S.C. 729, (The nominations ordered to lie on Christopher M. Matthew L. Murtha the following-named lieutenant commanders the Secretary’s desk were printed in Smith Christopher P. of the Coast Guard Reserve to be permanent the RECORD of January 7, 1997, at the Christine L. Calhoun commissioned officers in the Coast Guard end of the Senate proceedings.) MacMillian James M. Cash Reserve in the grade of commander: Anthony J. Vogt Kyle G. Anderson The following Regular officers of the U.S. Joanna M. Nunan Dwight T. Mathers Roy F. Williams Jacqueline V. Coast Guard for promotion to the grade of James A. Cullinan Jonathan P. Milkey Stephen N. Jackson Wyland lieutenant commander: Joseph Segalla Pauline F. Cook Theodore B. Royster David P. Roundy Brian C. Conroy Chris J. Thornton Donald R. Scopel Matthew J. Szigety William C. Hansen Lawrence A. Gass Ronald J. Magoon Keith F. Christensen John J. Plunkett Robert J. Tarantino George J. Schuler Thomas Plesnarski Arlyn R. Madsen, Jr. Douglas W. Anderson Gwen L. Keenan Russel C. Laboda Joseph A. Keglovits Kristin Q. Corcoran S804 CONGRESSIONAL RECORD — SENATE January 29, 1997

Warren E. Soloduk Ann M. Courtney By Mr. MCCAIN (for himself, Mr. STE- THE BERLIN, NH, COMMISSION ACT OF 1997 Maryellen M. Colella Brian D. Murphy VENS, Mrs. HUTCHISON, Mr. ABRAHAM, Mr. GREGG. Mr. President, I rise David H. Sulouff Anthony B. Canorro and Mr. ASHCROFT): today to celebrate the 100th anniver- David A. Maes Virginl F. Bateman S. 228. A bill to amend title 31, United Robert C. Ludwick Larry L. Jones States Code, to provide for continuing appro- sary of Berlin, NH, and to introduce John J. Madeira Salvatore Brillante priations in the absence of regular appropria- legislation that will assist Berlin in Richard A. Reynolds Matthew P. Bernard tions; to the Committee on Appropriations. preserving this history. Jeanne Cassidy Nancy A. Mazur By Mr. BUMPERS (for himself, Mrs. While the city of Berlin is 100 years Douglas A. Ash Maureen B. Harkins MURRAY, and Mr. WELLSTONE): old this year, its history goes back fur- Charles E. OPolk Michael A. Cicalese S. 229. A bill to provide for a voluntary sys- ther. The first settlers came to Berlin tem of public financing of Federal elections, David G. O’Brien Robert W. Grabb for no apparent reason. They were John A. Holub Sidney J. Duck and for other purposes; to the Committee on Joseph J. Riordan Wayne C. Dumas Finance. farmers and the land there did not John W. Long Phillip J. Jordan By Mr. THURMOND (for himself and promise to be any more fruitful than Needham E. Ward Mark A. Jones Mr. HATCH): the land they left just down the Michael D. Oaks Joseph P. Cain S. 230. A bill to amend section 1951 of title Androscoggin River; but, they were Robert Q. Ammon 18, United States Code (commonly known as restless and independent so they came the Hobbs Act), and for other purposes; to across the mountains to start a new The following Regular officers of the U.S. the Committee on the Judiciary. Coast Guard for promotion to the grade of By Mr. BINGAMAN: community in this isolated area. commander: S. 231. A bill to establish the National Cave The Plantation of Maynesborough, as and Karst Research Institute in the State of Berlin was called, was named after the George A. Russell, Robert M. Atkin New Mexico, and for other purposes; to the most illustrious of the English gentle- Jr. Mark R. Devries Committee on Energy and Natural Re- Mark A. Frost Christine D. Balboni men to whom it was granted by the sources. Crown in 1771. Although the land was Patrick J. Kenneth R. Burgess, By Mr. HARKIN (for himself, Mr. Cunningham, Jr. Jr. rugged and it was a hard place to live, LEAHY, Mrs. BOXER, Mrs. MURRAY, Mitchell R. Forrester Mark D. Rutherford Mr. INOUYE, Ms. MIKULSKI, and Mr. food was plentiful. The woods consist- Dane S. Egli Warren L. Haskovec KERRY): ing of seemingly endless stands of tim- Patrick J. Nemeth Patrick B. Trapp S. 232. A bill to amend the Fair Labor ber were filled with deer and game; the Jeffrey S. Gorden Jennifer L. Yount Standards Act of 1938 to prohibit discrimina- brooks and river were loaded with Curtis A. Stock Dennis D. Blackall tion in the payment of wages on account of trout. Bret K. McGough Barry P. Smith sex, race, or national origin, and for other Those first farmers who made the Christopher K. Bradley R. Mozee purposes; to the Committee on Labor and Lockwood William D. Lee Human Resources. move from down the river found good Jody B. Turner Richard J. Ferraro By Ms. SNOWE: farmland upstream from the falls. In Barry L. Dragon John R. Lindley, Jr. S. 233. A bill to amend the Internal Reve- 1824, William Sessions cleared 5 acres Mark L. McEwen Richard L. Matters nue Code of 1986 to increase the deduction for of land on the east side of the river and Michael D. Brand Robert R. O’Brien, health insurance costs of self-employed indi- came back in 1825 with his nephew to Mark A. Skordinski Jr. viduals, and for other purposes; to the Com- plant crops and build a log house. Wil- Bruce E. Grinnell Ekundayo G. Faux mittee on Finance. liam Sessions did not stay around long Donald K. Strother Scott G. Woolman By Mr. HELMS: Brian K. Swanson David L. Lersch S. 234. A bill to direct the Secretary of the enough to see Maynesborough become Francis X. Irr, Jr. William W. Whitson, Interior to transfer administrative jurisdic- officially incorporated as the city of Robert J. Malkowski Jr. tion over certain land to the Secretary of the Berlin 1897, but his nephew Cyrus Robert A. Farmer Ricki G. Benson Army to facilitate construction of a jetty Wheeler did. Brian J. Goettler Larry E. Smith and sand transfer system, and for other pur- Nearly half a century before, how- Richard M. Kaser Norman L. Custard, poses; to the Committee on Energy and Nat- ever, the character of Berlin began its Charles W. Ray Jr. ural Resources. change from farms to industry. In 1851, Kurtis J. Guth Gregory B. f Stephen J. Minutolo Breithaupt J.B. Brown and three other business- Gary E. Felicetti Steven E. Vanderplas SUBMISSION OF CONCURRENT AND men from Portland, ME, formed a part- Virginia K. Frederick J. Kenney, SENATE RESOLUTIONS nership under the name of H. Winslow Holtzman-Bell Jr. The following concurrent resolutions & Co. and purchased the land on top of Daniel A. Laliberte Steven J. Boyle the falls. They started a successful Matthew M. Blizard Thomas K. Richey and Senate resolutions were read, and referred—or acted upon—as indicated: lumber business in the thick forest and Kurt W. Devoe Dennis A. Hoffman used the natural water power of the Richard A. Rendon David M. Gundersen By Mr. STEVENS: Robert J. Legier Jeffrey N. Garden S. Res. 33. An original resolution authoriz- river to power their mill. The J.B. Bryan D. Schroder James E. Tunstall ing expenditures by the Committee on Ap- Brown Co., saw the railroad coming to Robert E. Korroch Kevin G. Quigley propriations; from the Committee on Appro- Berlin, thus, opening a direct line of John W. Yager, Jr. John R. Ochs priations; to the Committee on Rules and transportation to Portland and market Thomas P. Ostebo Ronald D. Hassler Administration. centers for the first time. Marshall B. Lytle III Timothy J. Dellot By Mr. MURKOWSKI: In the 1920’s, Berlin, NH, was the cap- Mark A. Prescott Kenneth D. Forslund S. Res. 34. An original resolution authoriz- ing expenditures by the Committee on En- ital of the papermaking world and was Thomas D. Criman Tomas Zapata becoming known as the city that trees Kenneth H. Sherwood Dennis M. Sens ergy and Natural Resources; from the Com- Stephen J. Ohnstad Peter V. Neffenger mittee on Energy and Natural Resources; to built. The Brown family’s Berlin Mills Mark S. Guillory Alvin M. Coyle the Committee on Rules and Administration. Co., controlled 3 million acres in New Carol C. Bennett Daniel R. MaCleod By Mr. JEFFORDS: England and Que´bec and was world re- Preston D. Gibson Melissa A. Wall S. Res. 35. An original resolution authoriz- nowned for cutting-edge forestry, re- Thomas E. Hobaica Robert M. Wilkins ing expenditures by the Committee on Labor search, and papermaking. The mills and Human Resources; from the Committee David L. Hill Curtis A. Springer along the Androscoggin River made not David S. Stevenson Timothy G. Jobe on Labor and Human Resources; to the Com- mittee on Rules and Administration. only pulp and an array of paper prod- Michael P. Farrell Christian ucts but also lumber, wood flour, con- James T. Hubbard Broxterman f Richard A. Stanchi Rickey W. George duit pipes, and furniture. Brown’s staff George P. Vance, Jr. Elmo L. Alexander II STATEMENTS ON INTRODUCED of 4,000 to 5,000 swelled Berlin to a pop- Scott S. Graham BILLS AND JOINT RESOLUTIONS ulation of 20,000. f By Mr. GREGG: The growth of Berlin reflects the di- S. 227. A bill to establish a locally versity of people who came to stay: INTRODUCTION OF BILLS AND oriented commission to assist the city French Canadians, Yankees from JOINT RESOLUTIONS of Berlin, NH, in identifying and study- northern New England farms, Nor- The following bills and joint resolu- ing its region’s historical and cultural wegians, Italians, Irish, and Russians. tions were introduced, read the first assets, and for other purposes; to the They sought a chance to make a better and second time by unanimous con- Committee on Energy and Natural Re- living and found it in the mills, black- sent, and referred as indicated: sources. smith shops, machine shops, farms, January 29, 1997 CONGRESSIONAL RECORD — SENATE S805 stores, railroad yards, and in the win- S. 228. A bill to amend title 31, Unit- him to use the budget process for his ter logging camps. Berlin deserves rec- ed States Code, to provide for continu- own political gains. We thought that ognition for many other reasons as ing appropriations in the absence of by doing the right thing—passing the well. For example tupperware and the regular appropriations; to the Commit- first balanced budget in a generation Feron Rap and Rule, the first retract- tee on Appropriations. and fiscally sound appropriations able ruler, were invented in Berlin. But THE GOVERNMENT SHUTDOWN PREVENTION ACT bills—we would eventually prevail. one aspect of the city calls for special Mr. MCCAIN. Mr. President, today What we did not realize was that Presi- attention: Its heritage as a leader in Senators STEVENS, HUTCHISON, ABRA- dent Clinton was more interested in introducing skiing to America. HAM, ASHCROFT, and I are introducing playing politics with the budget than Scandinavian immigrants were high- the Government Shutdown Prevention actually balancing it. This year, we ly sought after by mill recruiters not Act. This bill creates a statutory con- have to be prepared for these games only for their expertise in logging, but tinuing resolution [CR]—a safety net and launch a preemptive strike to en- also because they were acquainted with CR which would trigger only if the ap- sure that basic Government operations long, severe winters similar to those of propriations acts do not become law or will not be put at risk during the next the North Country. They chose to de- if there is no governing CR in place. budget battle. This legislation does not erode the velop their individual neighborhoods in This legislation ensures that the Gov- power of the appropriators and gives clusters as did most of the immigrants. ernment will not shutdown and that As a whole, the entire Scandinavian them ample opportunity to do their Government shutdowns cannot be used job. It is only if the appropriations neighborhood was commonly known as for political gains. Norwegian Village. Because of their process is not completed by the begin- This safety net CR would set spend- ning of the fiscal year, as was the case love for winter, they, more than any ing at the lowest of the following in the last Congress that this safety other groups, forged the way for winter spending levels: net CR will go into effect. In addition, sports in Berlin. Both cross-country First, the previous year’s appro- I want to emphasize that entitlements ski racing and competition ski jumping priated levels; are fully protected in the legislation. were introduced to the region by the Second, the House-passed appropria- The bill specifically states that entitle- Scandinavian community. These tions bill; ments such as Social Security—as obli- Third, the Senate-passed appropria- events were featured at many of the gated by law—will be paid regardless of tions bill; winter carnivals that Berlin hosted. what appropriations bills are passed. Other than its socioeconomic forest- Fourth, the President’s budget re- Mr. President, according to President based heritage, Berlin is probably best quest; or Clinton the combined cost of last Fifth, any levels established by an known for its major contribution to year’s Government shutdowns was $1.5 the development of skiing in the coun- independent CR passed by the Congress billion. However, this figure does not try. The use of skis by newly arriving subsequent to the passage of this act. begin to account for the millions of By setting the spending level for the Scandinavians was at first utilitarian, dollars that were lost by small busi- safety net CR at the lowest possible winter travel around the community. nesses who depend on the Government level, there is new incentive to actu- In time, cross-country ski racing be- being open. In my State of Arizona, came popular and Berlin became ally pass the appropriations bills on during the Government shutdown the known as the Cradle of Nordic Skiing time. In addition, it restores the bias Grand Canyon was closed for the first in America. The Nansen Ski Club, in appropriations negotiations toward time in 76 years. I heard from people which is named in honor of arctic ex- saving the taxpayers money instead of who work close to the Grand Canyon. plorer Fridtjof Nansen, was founded in spending it. We cannot afford another These were not Government employees. 1872 as the Skii Klubbin. Today, it re- replay of last year’s successful effort They were independent small business- mains the oldest continuously orga- by the administration that forced Con- men and women. They told me that the nized ski club in the United States. gress to spend billions more just to shutdown cost them thousands of dol- Starting in the 1890’s, skiers used a avoid a third Government shutdown. lars because people couldn’t go to the small hill in Norwegian Village to Passage of this legislation will guaran- park. According to a CRS report, local practice and perform their jumps. tee that we are not faced with a choice communities near national parks lost Then, in 1936, a new jump was con- between a Government shutdown and an estimated $14.2 million per day in structed here at this site thanks to a spending taxpayer dollars irrespon- tourism revenues as a direct result of cooperative effort between the city of sibly. the Government shutdown—for a total Berlin and the Nansen Ski Club. This We all saw the effects of gridlock last of nearly $400 million over the course 80-meter jump has a 171.5-foot tower, a year. No one wins when the Govern- of the shutdown. 225-foot vertical drop, and a descent ment shuts down. Shutdowns only con- The cost of the Government shut- angle of approximately 37.5 degrees. firm the American people’s suspicions down cannot be measured in just dol- For almost 50 years, this was the larg- that we are more interested in political lars and cents. During the shutdown est ski jump in the Eastern United gain than doing the Nation’s business. millions of Americans could not get States and the foremost jump in the The American people are tired of crucial social services. For example: country. Also, this was the site of all gridlock. They want the Government 10,000 new Medicare applications, major championship ski jumping com- to work for them—not against them. 212,000 Social Security card requests, petitions, as well as many Olympic try- The budget process in the last Con- 360,000 individual office visits, and outs. Several famous ski jumpers were gress was a fiasco. Our Founding Fa- 800,000 toll-free calls for information competitors here including a host of thers would have been ashamed by our and assistance were turned away each Berlinites who went on to compete in inability to execute the power of the day. There were even more delays in the Olympics. purse in a responsible fashion. I am services for some of the most vulner- Mr. President, I have only touched on sure they would have been quite able in our society including 13 million a few of the historical aspects that shocked by the 27 days the Government recipients of AFDC, 273,000 foster care make Berlin, NH, unique. The legisla- was shut down, 13 continuing resolu- children, over 100,000 children receiving tion that I am introducing, the tions and almost $6 billion in black- adoption assistance services and over Androscoggin River Valley Heritage mail money given to the administra- 100,000 Head Start children. Not to Area Act, will establish a locally ori- tion to ensure that the Government did mention the new patients that were ented commission to assist the city of not shut down a third time. not accepted into clinical research cen- Berlin in identifying and studying its Although Republicans shouldered the ters, the 7 million visitors who could region’s historical and cultural assets blame for the Government shutdown, not attend national parks or the 2 mil- of the past 100 years. President Clinton and his Democrat lion visitors turned away at museums colleagues were equally at fault for and monuments. And the list could go By Mr. MCCAIN (for himself, Mr. using it for their political gain. Repub- on and on. STEVENS, Mrs. HUTCHISON, Mr. licans were outfoxed by President Clin- In addition our Federal employees ABRAHAM, and Mr. ASHCROFT): ton because we were not prepared for were left in fear wondering whether S806 CONGRESSIONAL RECORD — SENATE January 29, 1997 they would be paid, would they have to respect for the authors of the bill—but and you’ll see a story in there about go to work or would they be able to pay I can tell you that the McCain- the influence of money. It isn’t just their bills on time. In my State of Ari- Feingold bill is only a small step in the soft money given by Indonesians or zona for example, of the 40,383 Federal right direction, if the people of this aliens. The Times last week had a employees over 15,000 of them were fur- body are really interested in reversing story showing that Members who vote loughed in the last Government shut- the pervasive cynicism about the polit- right on particular issues get five down. I do not want to put these work- ical process that is abroad in our coun- times as much money later on from the ers at risk ever again. try. people who benefit from that right vote A 1991 GAP report confirmed that Everybody knows that the money than they had gotten in the past. permanent funding lapse legislation as game is out of control in politics. Con- As long as we finance campaigns the necessary. In their report they stated, tributions during the last 2 years—that way we are financing them now, the ‘‘shutting down the Government during is, soft money and hard money com- Post and the Times will continue to temporary funding gaps is an inappro- bined—was up 73 percent from 1993 and have a field day, and the Members of priate way to encourage compromise 1994. You think about it. A 73-percent Congress will be like gladiators in the on the budget.’’ increase. I have no reason to believe arena for the amusement and enjoy- Mr. President, neither party can af- that the increase will not be another 50 ment of people who like to watch the ford another break of faith with the to 100 percent in the 2-year cycle prior battle. I am not being critical of the American people. Our constituents are to the year 2000. Why wouldn’t the press for reporting these stories. All I tired of constantly being disappointed American people be cynical? The aver- am saying is that democracy is threat- by the actions of Congress and the age Senate race today costs $4 million. ened by cynicism. The formula for voluntary limits in President. They are tired of us not I have never spent more than $1.5 mil- the McCain-Feingold bill is a step in being prepared for what appears to be lion, not because of choice but because the right direction. It’s the same for- the inevitable. This is why this legisla- I am a lousy fundraiser. I never had it. mula we have in our bill: $400,000 plus tion is so important. We want the But the average Senate race is $4 mil- 30 cents for the first 4 million eligible American people to know that there lion. In California, $20 to $25 million is voters in your State; 25 cents for every are some of us in Congress who are now typical for each of the candidates. eligible voter over 4 million with a More and more millionaires are run- thinking ahead and who do not want a minimum of $950,000 and maximum of ning for Congress because it is obvious replay of the last Congress. $5.5 million. My State of Arkansas that money dictates the outcome. I want to especially note the support would get the minimum, $950,000, in a Ninety percent of the people who are of my good friend Senator STEVENS, Senate race, and a maximum of $5.5 elected to Congress spent more money the distinguished Senator from Alaska million would apply in California. And and chairman of the Appropriations than their opponents. That means if the figure of $5.5 million as a maximum Committee. His support of this bill is you are a millionaire, or if you have is not an inducement for a Senate can- crucial and I thank him for it. I wish the ability to raise more money than didate in California to accept public him well in overseeing the appropria- your opponent, you have a 90-percent funding and comply with that kind of a tions process. While I am sure we will chance of being elected. That is what maximum when they are spending $20 have our differences, I am confident the statistics show. The Congress is to $25 million each in California. But that he will do his best to ensure that supposed to be a microcosm of Amer- let us admit it: Even $5.5 million is an the Senate enacts the appropriations ica. There are at least 25 to 35 million- obscene amount of money. That is bills in an efficient and expeditious aires in the U.S. Senate. There are what you get if you voluntarily limit manner. hardly 25 percent of the American peo- the amount of money you are going to Let us show the American people ple who are millionaires. spend. If you agree, if you are from Ar- that we learned our lessons from the In 1995 and 1996, 400 corporations, kansas, to accept $950,000, in the gen- last Congress. Passing this preventive labor unions, and individuals—400— eral election you will get full funding measure will go a long way to restore gave the two major parties $100,000 or from the U.S. Treasury. And I will American’s faith that politics or more in soft money. I repeat: Soft and come back to where the money comes stalled negotiations will not stop gov- hard money to the political parties is from in just a moment. ernment operations. It will prove to up 73 percent in 2 years. Even the stock Mr. President, there is a fundamental our constituents that we will never market has not gone up that fast. And question being asked in this country. again allow a Government shutdown, rightly or wrongly the cynicism of the And, if it isn’t being asked, it ought to or the threat of a Government shut- American people about our political be; that is, how long can a democracy down, to be used for political gain. I system is reflected in the small number survive when the laws we pass and the hope the Senate will act quickly on of people in this country who contrib- people we elect depend on how much this important matter.∑ ute to campaigns. Why? Because ‘‘Joe special interest money is put into a Lunch Bucket’’ out there has this nag- campaign? And consider the fact that By Mr. BUMPERS (for himself, ging suspicion that $100,000 contribu- the candidate with the most money Mrs. MURRAY, and Mr. tions, $500,000 contributions, or even wins 90 percent of the time. That WELLSTONE): $5,000 individual contributions, are speaks volumes. When you consider the S. 229. A bill to provide for a vol- completely out of his league. He knows fact that if you vote right on a bill untary system of public financing of that his $10 or $15 is going nowhere. that benefits somebody, and you get Federal elections, and for other pur- That is the one of the reasons he does five times as much money from that poses; to the Committee on Finance. not bother to vote. He has no con- somebody as you got in the past, that THE PUBLIC CONFIDENCE IN CAMPAIGNS ACT OF fidence in his own ability to partici- speaks volumes. Of course, our democ- 1997 pate and make a difference, the very racy is threatened when we continue Mr. BUMPERS. Mr. President, I foundation of a democracy. And ‘‘Joe this money game. come to the floor today to introduce Lunch Bucket’’ knows that people who There is a study by the Library of the Public Confidence in Campaigns give $100,000 are not giving money out Congress—and anybody who is inter- Act of 1997 for Senator MURRAY and of patriotism and altruism. ested in it, if they will drop me a line myself. We chose that title because the For the whole process of Federal or call me, I will send them a copy of purpose of the bill is to establish public election in the last 2 years the parties it—of campaign finance in 19 nations. finance of political campaigns in this and the individual candidates spent $2 And other than the United States only country. billion. That is a staggering sum of 1 of the 19 nations, Malaysia, finances The McCain-Feingold bill, of course, money. Campaign spending 20 years campaigns with private contributions. is the topic right now. That is the one ago when we started reforming the sys- We are the only Western nation that fi- that the press talks about. That is the tem was a mere fraction of $2 billion. nances campaigns with private con- one that everybody in the Senate is This morning, yesterday morning, tributions in this way. looking at. I am for the McCain- every morning you pick up the Wash- Mr. President, we may not pass this Feingold bill—and I have the utmost ington Post and the New York Times, bill, but until a public finance bill January 29, 1997 CONGRESSIONAL RECORD — SENATE S807 passes, the media will continue to have Why would the people of this body people worth $1 million, $5 million, $10 a field day, and you can expect a story, say ‘‘later’’ to public finance? Admit- million in this country, or even those not because you did anything illegal or tedly, 10 years ago, only 27 percent of of ordinary means, would contribute unethical, but you can depend on a the people believed public financing of $5,000 to that fund just because they story anytime you vote on a major campaigns was a good idea. But it has love the country, believe in democracy piece of legislation if anybody who ben- worked beautifully since 1976 for the and want to see it thrive? efited from that gave you money in the Presidential campaign, and it will We also have a provision that, if the last election in any significant work for us. Why would it not? And fund runs dry, Congress will appro- amount. And the people will harbor why would Senators in 1997 be afraid to priate the deficiency. If Congress re- those same suspicions. vote for public financing of campaigns fuses to appropriate the deficiency, Why would the people of this body when 68 percent of the people in a Mark then everybody will be reduced on a and the House of Representatives not Mellman Poll this fall said they favor pro rata basis. want to get rid of such a system? They the law in Maine, the only State in the Let me repeat. You do not qualify for are the ones who are most vulnerable, Nation which has passed a full public this money unless you agree to limit to say nothing of the destruction of our funding campaign bill. And 68 percent your spending according to the formula democracy. Even under the McCain- of the people, when you explain the that is set out in the bill. How do you Feingold bill, which I will support, you Maine bill, say, ‘‘I favor it.’’ And 65 get to the general election for full still are going to have special interest percent of the people in this country in funding, since we have primaries before money, and it is not going to eliminate a Gallup Poll said they favored banning the general? Well, we will participate the basic problem, which is cynicism all private contributions and believed in that, too. And here is the way we do about what that money buys. in 100 percent public financing of cam- that. You can spend 60 percent of what So, Mr. President, it is an interesting paigns. you can spend in a general. thing that the people of this body—and Let me describe the details of the bill Back to my home State of Arkansas, I have talked to a number trying to re- very quickly and then I will introduce let us assume we are eligible for $1 mil- cruit cosponsors, Republicans and the bill. lion. We can spend 60 percent of that in Democrats—almost without exception First of all, it establishes a Congres- the primary, or $600,000, and, of the say, ‘‘I know public financing is where sional Election Campaign Fund. And $600,000, you must raise 50 percent of we are going, but not yet. Later.’’ here is the way it works. When you file that, or $300,000. So, to that extent, you Why later? McCain-Feingold has got- your tax returns today, there is a pro- still have to go out with your tin cup ten all the attention, and perhaps vision there which says that if you and raise $300,000. Contributions are McCain-Feingold is the most we can would like to direct $3 of your tax pay- still limited to $1,000, just as they are hope for this year, but it is time to ment to the Presidential campaign under existing law. But before you can start the debate on the public finance fund, check here. It does not cost you a even qualify for primary money, you legislation that everybody in this body thing. You think about that. It does have to raise $25,000 in $100 contribu- knows is absolutely essential to our fu- not cost you a thing; it is deducted tions from within your State. That is ture. It is going to pass. I may not be from your taxes, and yet people are de- not harsh. Anybody in the State of Ar- here when it passes, but I can promise clining all the time to check the $3 kansas, or any other State, that cannot you it is going to pass. contribution box even though their get 250 people to give $100 does not Everybody is playing the stock mar- taxes are reduced by $3. It is really have any business running. He is not ket today. The market has been on a Federal funds. And yet we have to con- credible. But, once you raise $25,000, roll, up about 30 percent in 1996. You stantly prop people up and tell them it then you become eligible for 50 percent cannot lose. Just put it on anything, is their patriotic duty to contribute to Federal funding in the primary. they say. You cannot lose. I will tell that. We eliminate totally soft money. you of a better investment than put- I found it very healthy in the last Soft money is what the investigation ting your money in the stock market, campaign to know that Senator Dole of contributions to the DNC is all and that is to put your money into this and President Clinton were using about. When you consider the fact that Congressional Election Campaign Fund money in equal amounts. They were soft money contributions and hard we are proposing and take special in- not out asking for private contribu- money contributions to the parties is terest money out of the political proc- tions. Each one of them said, ‘‘I will up 73 percent—get rid of it. Who needs ess. You talk about a return on your participate,’’ and each one of them re- this investigation we are getting ready investment. That will be the biggest ceived about $60 million, and they got to launch here in the Congress? You return America ever got on every dol- along just fine. think about all the people’s business lar it puts in. Under our bill, you can give $10, if that we need to be conducting, and People in the coffee shops of America you want, $3 to the Presidential cam- what are we doing? Holding an inves- do not do as they used to. One time paign, $7 to the congressional cam- tigation about all the Indonesian about 2 years ago, I was in my home- paign. As I said, that $10 contribution money and alien money. Not only do town in the coffee shop where I used to will pay you bigger dividends by far we eliminate soft money, we say that drink coffee in this little town of 1,500, than any investment you ever made in no illegal alien, or even a legal alien, 2,000 people, and the subject came up your life. You will not have to worry can contribute, unless they are eligible with some of my old coffee-drinking why somebody voted for or against a to vote. Nobody—nobody can contrib- buddies about public financing. The bill; at least you will know they did ute in these campaigns unless they are first thing I heard was, ‘‘I don’t want not do it because somebody gave them eligible to vote. I think that is about my tax money going to politicians to money in the last campaign or has as good a test as you can find. finance campaigns.’’ And I gave that promised to give them money in a fu- Let us assume, in the next election, I friend of mine a lesson in 103–A civics ture campaign. And, in addition to the say, ‘‘OK, I am going to limit my and 103–A economics. No. 1, he has a $10, we allow Americans to add on to spending to $1 million.’’ That is the civic duty to participate, which he does their tax payment a contribution to limit under my bill for this State. And not do. He is not giving any of his pri- the Congressional Election Campaign I agree I will limit my spending to $1 vate money, which is his right, and he Fund. Wealthy people—and there are million. My opponent, who happens to does not want his tax money to be about 5 times as many millionaires be worth $100 million says, ‘‘You have used, which is an abdication of his re- right now as there were 10 years ago— to be kidding. I am planning to buy sponsibility and an abdication of every- would be allowed to give up to $5,000 to this election. I have $100 million to do thing he believes about campaign fi- this campaign fund just because they it with.’’ Then, for every dollar he nance because he is willing to let the are patriots. Up to $100 of this add-on is spends above $1 million, we will match rich people and wealthy organizations tax deductible. And if their spouses up to 100 percent, which would be $2 of the country give the money and yet join in it, they have a $200 tax deduc- million. it causes the very cynicism he exempli- tion. It is not much, a small incentive. If you are running against a man or fies and that we are trying to remedy. But wouldn’t it be wonderful if all the a woman who is willing to spend $10 S808 CONGRESSIONAL RECORD — SENATE January 29, 1997 million of his or her own money, I he finished by saying, ‘‘For God’s sake, ‘‘Sec. 523. Judicial review. think you could win. I can tell you a do your duty.’’ I cannot think of a bet- ‘‘Sec. 524. Reports to Congress; certifi- cations; regulations. story of a Governor’s race in Arkansas ter way to end this statement to my ‘‘Sec. 525. Closed captioning requirement for in 1970. There was a young, good look- colleagues. The time has come to do television commercials of eligi- ing, dynamic man running for Gov- our duty to salvage, to save our democ- ble candidates. ernor down there who spent $300,000 racy. ‘‘Subtitle C—Congressional Election dollars and beat somebody who spent Mr. President, I ask unanimous con- Campaign Fund $3.5 million. sent that the text of the bill and addi- ‘‘Sec. 531. Establishment and operation of You can shame people. You can tional material be printed in the the Fund. shame people for spending too much RECORD. ‘‘Sec. 532. Designation of receipts to the money of their own. Sometimes shame There being no objection, the mate- Fund. is not enough because, as I have al- rial was ordered to printed in the ‘‘Subtitle A—Senate Election Campaigns ready pointed out, 90 percent of the RECORD, as follows: ‘‘SEC. 501. EXPENDITURE LIMITATIONS. time the candidate who spends the S. 229 ‘‘(a) IN GENERAL.—An eligible Senate can- most money wins. So maybe our bill is didate may not make expenditures with re- Be it enacted by the Senate and House of Rep- spect to any election aggregating more than not perfect on that score, but it will resentatives of the United States of America in the limit applicable to the election under exact a political price from those who Congress assembled, subsection (b). seek to buy an election by outspending SECTION 1. SHORT TITLE; AMENDMENT OF ELEC- ‘‘(b) APPLICABLE LIMITS.—For purposes of a candidate who accepts these limits. TION ACT; TABLE OF CONTENTS. subsection (a), except as otherwise provided And, on independent expenditures, (a) SHORT TITLE.—This Act may be cited as in this subtitle— the bane of the Nation, these unnamed, the ‘‘Public Confidence in Campaigns Act of ‘‘(1) GENERAL ELECTION EXPENDITURE 1997’’. unseen people who run television ads LIMIT.— (b) AMENDMENT OF ELECTION ACT.—As used calling you every scurrilous name ‘‘(A) IN GENERAL.—The limit for a general in this Act, the term ‘‘FECA’’ means the election shall be equal to the lesser of— under the shining Sun, they don’t men- Federal Election Campaign Act of 1971 (2 ‘‘(i) $5,500,000; or tion the name of the guy running U.S.C. 431 et seq.). ‘‘(ii) the greater of— against you, they just tell the voters (c) TABLE OF CONTENTS.— ‘‘(I) $950,000; or what a terrible guy you are—using Sec. 1. Short title; amendment of Election ‘‘(II) $400,000, plus an amount equal to the whatever is a hot issue at the time, Act; table of contents. sum of 30 cents multiplied by the voting age ‘‘He voted to burn American flags’’— TITLE I—REFORM OF SENATE CAMPAIGN population not in excess of 4,000,000, and 25 they never mention the opponent. FINANCING cents multiplied by the voting age popu- Under our bill, if you have an independ- Subtitle A—Voluntary Congressional Senate lation in excess of 4,000,000. Campaign Financing System ‘‘(B) SPECIAL RULE WHERE ONLY 1 TRANSMIT- ent expenditure of $1,000 or more, you TER.—In the case of an eligible Senate can- have to report it within 24 hours, and if Sec. 101. Senate election campaign financ- didate in a State which has no more than 1 you spend more than $10,000 on inde- ing. transmitter for a commercial Very High Fre- Sec. 102. Reporting requirements. pendent expenditures, we will match quency (VHF) television station licensed to Sec. 103. Reporting requirements for certain operate in that State, subclause (II) of para- that for the poor guy who has volun- independent expenditures. teered to limit his spending. The only graph (1)(B)(ii) shall be applied by substitut- Subtitle B—Reduction in Limit on PAC ing ‘80 cents’ for ‘30 cents’ and ‘70 cents’ for difference between our bill and Contributions to Senate Candidates McCain-Feingold on PAC’s is that we ‘25 cents’. Sec. 111. Reduction in limit on PAC con- ‘‘(2) PRIMARY ELECTION EXPENDITURE allow a $2,000 PAC contribution, and tributions to Senate can- LIMIT.— McCain-Feingold only allows $1,000. didates. ‘‘(A) IN GENERAL.—Except as provided in The current level is $5,000. TITLE II—PUBLIC FINANCING SYSTEM subparagraph (B), the limit for a primary Let me elaborate just a moment on Sec. 201. Increase in current voluntary election is an amount equal to 60 percent of that. I am not a person who thinks checkoff system. the general election expenditure limit under PAC’s are inherently evil. I think any Sec. 202. Voluntary contributions to Con- paragraph (1). time a group of people who get to- gressional Election Campaign ‘‘(B) CERTAIN PRIMARY ELECTIONS TREATED gether and contribute to a fund be- Fund. AS GENERAL ELECTIONS.—If a primary elec- tion may result in the election of a person to cause they would like to have some in- TITLE III—PROVISIONS RELATING TO a Federal office, the limit for the election is SOFT MONEY OF POLITICAL PARTIES fluence, rather than just giving $10, $20, the general election expenditure limit under $50, $100 apiece, they ought to be al- Sec. 301. Soft money of political parties. paragraph (1). lowed to do that. Sec. 302. State Party Grassroots Funds. ‘‘(3) RUNOFF ELECTION EXPENDITURE LIMIT.— As I have already said, we only allow Sec. 303. Reporting requirements. The limit for a runoff election is an amount people who can vote in this country in TITLE IV—PROHIBITION OF CONTRIBU- equal to 30 percent of the general election Federal elections to contribute. And, if TIONS BY INDIVIDUALS INELIGIBLE TO expenditure limit under paragraph (1). you agree to accept Federal funding, VOTE ‘‘(c) PAYMENT OF TAXES.—The limitations under subsection (b) shall not apply to any $10,000 is the maximum amount of your Sec. 401. Prohibition of contributions by in- dividuals ineligible to vote. expenditure for Federal, State, or local taxes own money you can spend. And our bill with respect to earnings on contributions TITLE I—REFORM OF SENATE CAMPAIGN takes effect in all elections after De- raised. FINANCING cember 31, 1998. ‘‘(d) EXCEPTIONS FOR COMPLYING CAN- Mr. President, while my bill is not Subtitle A—Voluntary Congressional Senate DIDATES RUNNING AGAINST NONCOMPLYING perfect, we have been working on it for Campaign Financing System CANDIDATES.— 4 months. We have met through staff SEC. 101. SENATE ELECTION CAMPAIGN FINANC- ‘‘(1) EXCESSIVE CONTRIBUTIONS TO, OR PER- conferences. I have talked to other ING. SONAL EXPENDITURES BY, OPPOSING CAN- (a) IN GENERAL.—FECA is amended by add- DIDATE.— Senators. I can tell you, the time has ing at the end the following new title: ‘‘(A) 10 PERCENT EXCESS.—If any opponent come to deal with public finance. I ‘‘TITLE V—ELECTION SPENDING LIMITS of an eligible Senate candidate is a non- guess the best way to close—I think AND BENEFITS eligible candidate who— about a movie, one of my three or four ‘‘(i) has received contributions; or ‘‘TITLE V—ELECTION SPENDING LIMITS ‘‘(ii) has made expenditures from a source all-time favorite movies, ‘‘To Kill A AND BENEFITS Mockingbird.’’ Gregory Peck was a described in section 502(a); ‘‘Subtitle A—Senate Election Campaigns country lawyer, and I guess I relate to in an aggregate amount equal to 110 percent ‘‘Sec. 501. Expenditure limitations. it because I was a country lawyer. You of the general election expenditure limit, ‘‘Sec. 502. Contribution limitations. primary election expenditure limit, or runoff remember, he was defending a black ‘‘Sec. 503. Eligibility to receive benefits. man charged with rape, who was to- election expenditure limit applicable to the ‘‘Sec. 504. Benefits eligible candidate enti- eligible Senate candidate, the general elec- tally innocent, in a small Southern tled to receive. tion expenditure limit, primary election ex- town. The case was charged with rac- ‘‘Subtitle B—Administrative Provisions penditure limit, or runoff election expendi- ism. ‘‘Sec. 521. Certifications by Commission. ture limit (as the case may be) applicable to He made the most eloquent speech to ‘‘Sec. 522. Examination and audits; repay- the eligible Senate candidate shall be in- the jury in his closing argument, and ments and civil penalties. creased by 20 percent. January 29, 1997 CONGRESSIONAL RECORD — SENATE S809

‘‘(B) 50 PERCENT EXCESS.—If any opponent ‘‘(3) in the case of a primary election, ‘‘SEC. 504. BENEFITS ELIGIBLE CANDIDATE ENTI- of an eligible Senate candidate is a non- meets the threshold contribution require- TLED TO RECEIVE. eligible candidate who— ments of subsection (c). ‘‘(a) IN GENERAL.—An eligible Senate can- ‘‘(i) has received contributions; or ‘‘(b) FILING REQUIREMENTS.— didate shall be entitled to payments from ‘‘(ii) has made expenditures from a source ‘‘(1) PRIMARY.—The requirements of this the Congressional Election Campaign Fund described in section 502(a); subsection are met with respect to a primary in an amount equal to— ‘‘(1) in the case of a general election, an in an aggregate amount equal to 150 percent election if, not later than the date the can- amount equal to the general election expend- of the general election expenditure limit, didate files as a candidate for the election iture limit applicable to the candidate under primary election expenditure limit, or runoff with the appropriate State election official section 501, and election expenditure limit applicable to the (or, if earlier, not later than 30 days before ‘‘(2) in the case of a primary or runoff elec- eligible Senate candidate, the general elec- the election), the candidate files with the tion, an amount equal to the sum of— tion expenditure limit, primary election ex- Secretary of the Senate a declaration that— ‘‘(A) the amount of contributions received penditure limit, or runoff election expendi- ‘‘(A) the candidate will meet the expendi- by the candidate with respect to the election ture limit (as the case may be) applicable to ture and contribution limits of this subtitle; not in excess of the limitation under section the eligible Senate candidate (without re- ‘‘(B) the candidate will not accept any con- 502(b), plus gard to subparagraph (A)) shall be increased tributions in violation of section 315; and ‘‘(B) the amount of any increases in the ap- by 50 percent. ‘‘(C) the candidate will meet requirements plicable limit for such election by reason of ‘‘(C) 100 PERCENT EXCESS.—If any opponent similar to the requirements of clauses (ii), subsections (d) and (e) of section 501 (relating of an eligible Senate candidate is a non- (iii), (iv), (v), (vi), and (vii) of paragraph to opponents exceeding limits and independ- eligible candidate who— (2)(A). ent expenditures). ‘‘(i) has received contributions; or ‘‘(2) GENERAL ELECTION.— ‘‘(A) IN GENERAL.—The requirements of ‘‘(b) USE OF PAYMENTS.—Payments re- ‘‘(ii) has made expenditures from a source ceived by a candidate under subsection (a) described in section 502(a); this subsection are met with respect to a general election if the candidate certifies, shall be used to defray expenditures incurred in an aggregate amount equal to 200 percent under penalty of perjury, to the Secretary of with respect to the applicable election period of the general election expenditure limit, the Senate that— for the candidate. primary election expenditure limit, or runoff ‘‘(i) the candidate has met the expenditure ‘‘Subtitle B—Administrative Provisions election expenditure limit applicable to the and contribution limits of this subtitle with ‘‘SEC. 521. CERTIFICATIONS BY COMMISSION. eligible Senate candidate, the general elec- respect to any primary or runoff election and ‘‘(a) GENERAL ELIGIBILITY.—The Commis- tion expenditure limit, primary election ex- will meet such limits for the general elec- sion shall determine whether a candidate is penditure limit, or runoff election expendi- tion; eligible to receive benefits under subtitle A. ture limit (as the case may be) applicable to ‘‘(ii) at least one other candidate has quali- The initial determination shall be based on the eligible Senate candidate (without re- fied for the same general election ballot the candidate’s filings under this title. Any gard to subparagraph (A) or (B)) shall be in- under the law of the State involved; subsequent determination shall be based on creased by 100 percent. ‘‘(iii) the candidate will deposit all pay- relevant additional information submitted in ‘‘(2) REVOCATION OF ELIGIBILITY OF OPPO- ments received under this subtitle in an ac- such form and manner as the Commission NENT.—If the status of eligible Senate can- count insured by the Federal Deposit Insur- may require. didate of any opponent of an eligible Senate ance Corporation from which funds may be ‘‘(b) CERTIFICATION OF BENEFITS.— candidate is revoked under this title, the withdrawn by check or similar means of pay- ‘‘(1) IN GENERAL.—Not later than 5 business general election expenditure limit applicable ment to third parties; days after an eligible Senate candidate files to the eligible Senate candidate shall be in- ‘‘(iv) the candidate will furnish campaign a request with the Secretary of the Senate to creased by 20 percent. records, evidence of contributions, and other receive benefits under section 504, the Com- ‘‘(e) EXPENDITURES IN RESPONSE TO INDE- appropriate information to the Commission; mission shall certify eligibility for, and the PENDENT EXPENDITURES.—If an eligible Sen- ‘‘(v) the candidate will cooperate in the amount of, such benefits. ate candidate is notified by the Commission case of any audit and examination by the ‘‘(2) REQUESTS.—Any request for payments under section 304(c)(4) that independent ex- under paragraph (1) shall contain— penditures totaling at least $1,000 or more Commission under section 522 and will pay ‘‘(A) such information and be made in ac- have been made in the same election in favor any amounts required to be paid under that of another candidate or against the eligible section; cordance with such procedures as the Com- candidate, the eligible candidate shall be ‘‘(vi) the candidate will meet the closed mission may provide by regulation; and permitted to spend an amount equal to the captioning requirements of section 525; and ‘‘(B) a verification signed by the candidate amount of the independent expenditures, and ‘‘(vii) the candidate intends to make use of and the treasurer of the principal campaign any such expenditures shall not be subject to the benefits provided under section 504. committee of such candidate stating that any limit applicable under this title to the ‘‘(B) TIME FOR FILING.—The certification the information furnished in support of the eligible candidate for the election. under subparagraph (A) shall be filed not request, to the best of their knowledge, is ‘‘SEC. 502. CONTRIBUTION LIMITATIONS. later than 7 days after the earlier of— correct and fully satisfies the requirement of ‘‘(a) PERSONAL CONTRIBUTIONS.— ‘‘(i) the date the candidate qualifies for the this title. ‘‘(1) IN GENERAL.—An eligible Senate can- general election ballot under State law; or ‘‘(3) PARTIAL CERTIFICATION.—If the Com- didate may not, with respect to an election ‘‘(ii) if, under State law, a primary or run- mission determines that any portion of a re- cycle, make contributions or loans to his or off election to qualify for the general elec- quest does not meet the requirement for cer- her own campaign from personal funds total- tion ballot occurs after September 1, the tification, the Commission shall withhold ing more than $10,000. date the candidate wins the primary or run- the certification for that portion only and ‘‘(2) AGGREGATION.—For purposes of para- off election. inform the candidate as to how the request graph (1), any contribution or loan to a can- ‘‘(c) THRESHOLD CONTRIBUTION REQUIRE- may be corrected. didate’s campaign by a member of the can- MENTS.— ‘‘(4) CERTIFICATION WITHHELD.—The Com- didate’s immediate family shall be treated as ‘‘(1) IN GENERAL.—The requirements of this mission may withhold certification if it de- made by the candidate. subsection are met if the candidate and the termines that a candidate who is otherwise ‘‘(b) AGGREGATE CONTRIBUTIONS.— candidate’s authorized committees have re- eligible has engaged in a pattern of activity ‘‘(1) GENERAL ELECTION.—An eligible Sen- ceived allowable contributions during the indicating that the candidate’s filings under ate candidate may not solicit or receive con- applicable period in an amount not less than this title cannot be relied upon. tributions with respect to a general election. $25,000. ‘‘SEC. 522. EXAMINATION AND AUDITS; REPAY- ‘‘(2) PRIMARY AND RUNOFF ELECTIONS.—An ‘‘(2) ONLY $100 CONTRIBUTIONS TAKEN INTO MENTS AND CIVIL PENALTIES. eligible Senate candidate may, subject to ACCOUNT.—Allowable contributions of an in- ‘‘(a) EXAMINATIONS AND AUDITS.— any limits, prohibitions, or other require- dividual shall not be taken into account ‘‘(1) GENERAL ELECTIONS.—After each gen- ments of this Act, receive contributions with under paragraph (1) to the extent such con- eral election, the Commission shall conduct respect to a primary or runoff election equal tributions exceed $100. an examination and audit of the campaign to an amount not greater than 50 percent of ‘‘(3) DEFINITIONS.—In this subsection: accounts of 5 percent of the eligible Senate the applicable limit for the election under ‘‘(A) ALLOWABLE CONTRIBUTION.—The term candidates, as designated by the Commission section 501 (determined without regard to ‘allowable contribution’ means a contribu- through the use of an appropriate statistical subsection (d) or (e) thereof). tion that is made as a gift of money by an in- method of random selection, to determine ‘‘SEC. 503. ELIGIBILITY TO RECEIVE BENEFITS. dividual pursuant to a written instrument whether such candidates have complied with ‘‘(a) IN GENERAL.—For purposes of this sub- identifying the individual as the contributor. the conditions of eligibility and other re- title, a candidate is an eligible Senate can- ‘‘(B) APPLICABLE PERIOD.—The term ‘appli- quirements of this title. The Commission didate if the candidate— cable period’ means the period beginning on shall conduct an examination and audit of ‘‘(1) meets the filing requirements of sub- January 1 of the calendar year preceding the the accounts of all candidates for election to section (b); calendar year of the general election in- an office where any eligible candidate for the ‘‘(2) meets, and continues to meet, the ex- volved and ending on the date on which the office is selected for examination and audit. penditure and contribution limits of sections certification under subsection (b)(1) is filed ‘‘(2) SPECIAL ELECTION.—After each special 501 and 502; and by the candidate. election involving an eligible candidate, the S810 CONGRESSIONAL RECORD — SENATE January 29, 1997 Commission shall conduct an examination tion filed in such court within 30 days after in the Fund as may be required by this title and audit of the campaign accounts of all the agency action by the Commission for or which the Secretary determines to be nec- candidates in the election to determine which review is sought. It shall be the duty essary to carry out the provisions of this whether the candidates have complied with of the Court of Appeals, ahead of all matters title. the conditions of eligibility and other re- not filed under this title, to advance on the ‘‘(b) PAYMENTS UPON CERTIFICATION.—Upon quirements of this Act. docket and expeditiously take action on all receipt of a certification from the Commis- ‘‘(3) AFFIRMATIVE VOTE.—The Commission petitions filed pursuant to this title. sion under section 521, except as provided in may conduct an examination and audit of ‘‘(b) APPLICATION OF TITLE 5.—The provi- subsection (c), the Secretary shall issue the campaign accounts of any eligible Sen- sions of chapter 7 of title 5, United States within 48 hours to an eligible candidate the ate candidate in a general election if the Code, shall apply to judicial review of any amount of payments certified by the Com- Commission determines that there exists agency action by the Commission. mission to the eligible candidate out of the reason to believe whether such candidate ‘‘(c) AGENCY ACTION.—For purposes of this Fund. may have violated any provision of this title. section, the term ‘agency action’ has the ‘‘(c) REDUCTIONS IN PAYMENTS IF FUNDS IN- SUFFICIENT.— ‘‘(b) REPAYMENTS.— meaning given such term by section 551(13) ‘‘(1) IN GENERAL.—If, at the time of a cer- ‘‘(1) IN GENERAL.—If the Commission deter- of title 5, United States Code. tification by the Commission under section mines that any amount of a payment to a ‘‘SEC. 524. REPORTS TO CONGRESS; CERTIFI- candidate under this title was in excess of CATIONS; REGULATIONS. 521 for payment to an eligible candidate, the the aggregate payments to which such can- ‘‘(a) REPORTS.—The Commission shall, as Secretary determines that the monies in the didate was entitled, or was not used as pro- soon as practicable after each election, sub- Fund are not, or may not be, sufficient to vided for in this title, the Commission shall mit a full report to the Senate and House of satisfy the full entitlement of all eligible so notify such candidate, and such candidate Representatives setting forth— candidates, the Secretary shall withhold shall pay the amount of such payment. ‘‘(1) the expenditures (shown in such detail from the amount of such payment such amount as the Secretary determines to be ‘‘(2) EXCESS EXPENDITURES OF CAN- as the Commission determines appropriate) necessary to assure that each eligible can- DIDATES.—If the Commission determines that made by each eligible candidate and the au- any eligible candidate who has received ben- thorized committees of such candidate; didate will receive the same pro rata share of efits under this title has made expenditures ‘‘(2) the amounts of benefits certified by such candidate’s full entitlement. in excess of any limit under subtitle A, the the Commission as available to each eligible ‘‘(2) PAYMENT UPON FINDING OF SUFFICIENT Commission shall notify the candidate and candidate under this title; and MONIES.—Amounts withheld under paragraph the candidate shall pay the amount of the ‘‘(3) the amount of repayments, if any, re- (1) shall be paid during the same election excess. quired under section 522, and the reasons for cycle when the Secretary determines that there are sufficient monies in the Fund to ‘‘(c) CIVIL PENALTIES.— each repayment required. pay all, or a portion thereof, to all eligible ‘‘(1) EXCESS EXPENDITURES.— ‘‘(b) DETERMINATIONS BY COMMISSION.—Sub- candidates from whom amounts have been ‘‘(A) LOW AMOUNT OF EXCESS EXPENDI- ject to sections 522 and 523, all determina- withheld, except that if only a portion is to TURES.—Any eligible Senate candidate who tions (including certifications under section makes expenditures that exceed a limitation 521) made by the Commission under this title be paid, it shall be paid in such manner that under subtitle A by 2.5 percent or less shall shall be final and conclusive. each eligible candidate receives an equal pro pay to the Commission an amount equal to ‘‘(c) RULES AND REGULATIONS.—The Com- rata share of such portion. the amount of the excess expenditures. mission is authorized to prescribe such rules ‘‘(3) ESTIMATES.— ‘‘(A) IN GENERAL.—Not later than March 31 ‘‘(B) MEDIUM AMOUNT OF EXCESS EXPENDI- and regulations, in accordance with the pro- of any calendar year in which there is a reg- TURES.—Any eligible Senate candidate who visions of subsection (d), to conduct such au- makes expenditures that exceed a limitation dits, examinations and investigations, and to ularly scheduled general election, the Sec- under subtitle A by more than 2.5 percent require the keeping and submission of such retary, after consultation with the Commis- and less than 5 percent shall pay to the Com- books, records, and information, as it deems sion, shall make an estimate of— mission an amount equal to three times the necessary to carry out the functions and du- ‘‘(i) the amount of monies in the Fund amount of the excess expenditures. ties imposed on it by this title. which will be available to make payments required by this title in the succeeding cal- ‘‘(C) LARGE AMOUNT OF EXCESS EXPENDI- ‘‘(d) REPORT OF PROPOSED REGULATIONS.— endar year, taking into account the amounts TURES.—Any eligible Senate candidate who The Commission shall submit to the House makes expenditures that exceed a limitation of Representatives and to the Senate a re- estimated to be transferred to the Fund dur- under subtitle A by 5 percent or more shall port containing a detailed explanation and ing the calendar year of the election; and pay to the Commission an amount equal to justification of each rule and regulation of ‘‘(ii) the amount of expenditures which will three times the amount of the excess expend- the Commission under this title. No such be required under this title in such calendar itures plus, if the Commission determines rule, regulation, or form may take effect year. such excess expenditures were willful, a civil until a period of 30 calendar days has elapsed ‘‘(B) NOTICE OF ESTIMATED REDUCTION.—If penalty in an amount determined by the after the report is received. As used in this the Secretary determines that there will be Commission. subsection, the terms ‘rule’ and ‘regulation’ insufficient monies in the Fund to make the expenditures required by this title for any ‘‘(2) MISUSED FUNDS OF CANDIDATES.—If the mean a provision or series of interrelated Commission determines that an eligible Sen- provisions stating a single, separable rule of calendar year, the Secretary shall notify ate candidate used any amount received law. each candidate on April 30 of such calendar under this title in a manner not provided for ‘‘SEC. 525. CLOSED CAPTIONING REQUIREMENT year (or, if later, the date on which an indi- in this title, the Commission may assess a FOR TELEVISION COMMERCIALS OF vidual becomes a candidate) of the amount civil penalty against such candidate in an ELIGIBLE CANDIDATES. which the Secretary estimates will be the amount not greater than 200 percent of the ‘‘No eligible Senate candidate may receive pro rata reduction in each eligible can- amount involved. amounts under subtitle A unless such can- didate’s payments under this subsection. Such notice shall be by registered mail. ‘‘(d) UNEXPENDED FUNDS.—Any amount re- didate has certified that any television com- ‘‘(d) NOTIFICATION.—The Secretary shall ceived by an eligible Senate candidate under mercial prepared or distributed by the can- notify the Commission and each eligible can- this title and not expended on or before the didate will be prepared in a manner that con- didate by registered mail of any reduction of date of the general election shall be repaid tains, is accompanied by, or otherwise read- any payment by reason of subsection (c). within 30 days of the election, except that a ily permits closed captioning of the oral con- reasonable amount may be retained for a pe- tent of the commercial to be broadcast by ‘‘SEC. 532. DESIGNATION OF RECEIPTS TO THE FUND. riod not exceeding 120 days after the date of way of line 21 of the vertical blanking inter- ‘‘(a) APPROPRIATION.—There are hereby ap- the general election for the liquidation of all val, or by way of comparable successor tech- nologies. propriated to the Fund the following obligations to pay expenditures for the gen- amounts: eral election incurred during the general ‘‘Subtitle C—Congressional Election ‘‘(1) DESIGNATED AMOUNTS.—Amounts des- election period. At the end of such 120-day Campaign Fund ignated to the Fund under sections 6096(a)(2) period, any unexpended funds received under ‘‘SEC. 531. ESTABLISHMENT AND OPERATION OF and 6097 of the Internal Revenue Code of 1986. this title shall be promptly repaid. THE FUND. ‘‘(2) PAYMENTS AND PENALTIES.—Payments ‘‘(e) LIMIT ON PERIOD FOR NOTIFICATION.— ‘‘(a) IN GENERAL.—There is hereby estab- and civil penalties received by the Commis- No notification shall be made by the Com- lished on the books of the Treasury of the sion under section 522. mission under this section with respect to an United States a special fund to be known as ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— election more than 3 years after the date of the Congressional Election Campaign Fund These are authorized to be appropriated for such election. (hereafter in this title referred to as the each fiscal year to the Fund the excess (if ‘‘SEC. 523. JUDICIAL REVIEW. ‘Fund’). The amounts designated for the any) of— ‘‘(a) JUDICIAL REVIEW.—Any agency action Fund shall remain available without fiscal ‘‘(1) the aggregate payments required to be by the Commission made under the provi- year limitation for purposes of providing made from the Fund under this title for the sions of this title shall be subject to review benefits under this title and making expendi- fiscal year, over by the United States Court of Appeals for tures for the administration of the Fund. ‘‘(2) the sum of the balance in the Fund as the District of Columbia Circuit upon peti- The Secretary shall maintain such accounts of the close of the preceding fiscal year plus January 29, 1997 CONGRESSIONAL RECORD — SENATE S811

amounts paid into the Fund under sub- ‘‘(b) REPORTS ON PERSONAL FUNDS.—(1) Any whom the expenditure is actually intended section (a).’’ candidate for the United States Senate who to support or to oppose. The Clerk of the (b) EFFECTIVE DATE.—The amendments during the election cycle expends more than House of Representatives and the Secretary made by this section shall apply to elections the limitation under section 502 during the of the Senate shall as soon as possible (but occurring after December 31, 1998. election cycle from his personal funds, the not later than 4 working hours of the Com- SEC. 102. REPORTING REQUIREMENTS. funds of his immediate family, and personal mission) after receipt of a report transmit it Title III of FECA is amended by adding loans incurred by the candidate and the can- to the Commission. Not later than 2 business after section 304 the following new sections: didate’s immediate family shall file a report days after the Commission receives a report, the Commission shall transmit a copy of the ‘‘REPORTING REQUIREMENTS FOR SENATE with the Secretary of the Senate within 2 report to each candidate seeking nomination CANDIDATES business days after such expenditures have or election to that office. ‘‘SEC. 304A. (a) CANDIDATE OTHER THAN ELI- been made or loans incurred. ‘‘(2) The Commission within 2 business ‘‘(4) The Commission may, upon a request GIBLE SENATE CANDIDATE.—(1) Each can- days after a report has been filed under para- of a candidate or on its own initiative, make didate for the office of United States Senator its own determination that a person has who does not file a certification with the graph (1) shall notify each eligible Senate candidate in the election involved about made, has incurred obligations to make, or Secretary of the Senate under section intends to make independent expenditures 503(b)(2) shall file with the Secretary of the each such report. ‘‘(3) Notwithstanding the reporting re- with respect to any candidate in any election Senate a declaration as to whether such can- quirements under this subsection, the Com- which in the aggregate exceed the applicable didate intends to make expenditures for any mission may make its own determination amounts under paragraph (3). The Commis- primary, runoff, or general election in excess that a candidate for the United States Sen- sion shall notify each candidate in such elec- of the expenditure limit applicable to an eli- ate has made expenditures in excess of the tion of such determination within 2 business gible Senate candidate under section 501. amount under paragraph (1). The Commis- days after making it. Any determination Such declaration shall be filed at the time made at the request of a candidate shall be sion within 2 business days after making provided in section 503(b)(2)(B). made within 48 hours of the request. ‘‘(2) Any candidate for the United States such determination shall notify each eligible ‘‘(5) At the time at which an eligible Sen- Senate who qualifies for the ballot for a gen- Senate candidate in the general election in- ate candidate is notified under paragraph (3) eral election— volved about each such determination. or (4) with respect to expenditures during a ‘‘(c) CERTIFICATIONS.—Notwithstanding ‘‘(A) who is not an eligible Senate can- general election period, the Commission section 521(a), the certification required by didate under section 503; and shall certify eligibility to receive benefits this section shall be made by the Commis- ‘‘(B) who either raises aggregate contribu- under section 504. sion on the basis of reports filed in accord- tions, or makes or obligates to make aggre- ‘‘(6) The Clerk of the House of Representa- ance with the provisions of this Act, or on gate expenditures, for any primary, runoff, tives and the Secretary of the Senate shall the basis of the Commission’s own investiga- or general election which exceed 75 percent make any report received under this sub- tion or determination. of the expenditure limit applicable to an eli- section available for public inspection and ‘‘(d) SHORTER PERIODS FOR REPORTS AND gible Senate candidate under section 501, copying in the same manner as the Commis- NOTICES DURING ELECTION WEEK.—Any re- sion under section 311(a)(4), and shall pre- shall file a report with the Secretary of the port, determination, or notice required by serve such statements in the same manner as Senate within 2 business days after such con- reason of an event occurring during the 7- the Commission under section 311(a)(5). tributions have been raised or such expendi- day period ending with the general election ‘‘(7)(A) A person that makes a reservation tures have been made or obligated to be shall be made within 24 hours (rather than 2 of broadcast time to which section 315(a) of made (or, if later, within 2 business days business days) of the event. the Communications Act of 1947 (47 U.S.C. after the date of qualification for the general ‘‘(e) COPIES OF REPORTS AND PUBLIC INSPEC- 315(a)) applies, the payment for which would election ballot), setting forth the candidate’s TION.—The Secretary of the Senate shall constitute an independent expenditure, shall total contributions and total expenditures transmit a copy of any report or filing re- at the time of the reservation— for such election as of such date. Thereafter, ceived under this section or under subtitle A ‘‘(i) inform the broadcast licensee that such candidate shall file additional reports of title V as soon as possible (but no later payment for the broadcast time will con- (until such contributions or expenditures ex- than 4 working hours of the Commission) stitute an independent expenditure; ceed 200 percent of such limit) with the Sec- after receipt of such report or filing, and ‘‘(ii) inform the broadcast licensee of the retary of the Senate within 2 business days shall make such report or filing available for names of all candidates for the office to after each time additional contributions are public inspection and copying in the same which the proposed broadcast relates and raised, or expenditures are made or are obli- manner as the Commission under section state whether the message to be broadcast is gated to be made, which in the aggregate ex- 311(a)(4), and shall preserve such reports and intended to be made in support of or in oppo- ceed an amount equal to 10 percent of such filings in the same manner as the Commis- sition to each such candidate; and limit and after the total contributions or ex- sion under section 311(a)(5). ‘‘(iii) provide the broadcast licensee a copy penditures exceed 100, 120, 140, 160, 180, and ‘‘(f) DEFINITIONS.—For purposes of this sec- of the report described in paragraph (3). 200 percent of such limit. tion, any term used in this section which is ‘‘(B) For purposes of this paragraph, the ‘‘(3) The Commission— used in title V shall have the same meaning term ‘broadcast’ includes any cablecast.’’ ‘‘(A) shall, within 2 business days of receipt as when used in title V.’’ Subtitle B—Reduction in Limit on PAC of a declaration or report under paragraph SEC. 103. REPORTING REQUIREMENTS FOR CER- Contributions to Senate Candidates (1) or (2), notify each eligible Senate can- TAIN INDEPENDENT EXPENDITURES. SEC. 111. REDUCTION IN LIMIT ON PAC CON- didate in the election involved about such Section 304(c) of FECA (2 U.S.C. 434(c)) is TRIBUTIONS TO SENATE CAN- declaration or report; and amended— DIDATES. ‘‘(B) if an opposing candidate has raised ag- (1) in paragraph (2), by striking the undes- Section 315(a)(2)(A) of FECA (2 U.S.C. gregate contributions, or made or has obli- ignated matter after subparagraph (C); 441a(a)(2)(A)) is amended to read as follows: gated to make aggregate expenditures, in ex- (2) by redesignating paragraph (3) as para- ‘‘(A) to any candidate and the candidate’s cess of the applicable election expenditure graph (8); and authorized political committees with respect limit under section 501, shall certify, pursu- (3) by inserting after paragraph (2), as to— ant to the provisions of subsection (d), such amended by paragraph (1), the following new ‘‘(i) any election for Federal office (other eligibility for payment of any amount to paragraphs: than United States Senator) which, in the which such eligible Senate candidate is enti- ‘‘(3)(A) Any person (including a political aggregate, exceed $5,000, or tled under section 504(a). committee) making, obligating to make, or ‘‘(ii) any election for the office of United ‘‘(4) Notwithstanding the reporting re- intending to make independent expenditures States Senator which, in the aggregate, ex- quirements under this subsection, the Com- (including those described in subsection ceed $2,000.’’ mission may make its own determination (b)(6)(B)(iii)) with respect to a candidate in TITLE II—PUBLIC FINANCING SYSTEM that a candidate in a general election who is an election aggregating $1,000 or more shall SEC. 201. INCREASE IN CURRENT VOLUNTARY not an eligible Senate candidate has raised file a report within 24 hours after the date on CHECKOFF SYSTEM. aggregate contributions, or made or has obli- which such person takes such action. An ad- (a) IN GENERAL.—Section 6096(a) of the In- gated to make aggregate expenditures, in the ditional report shall be filed each time the ternal Revenue Code of 1986 (relating to des- amounts which would require a report under person makes, obligates to make, or intends ignation by individuals) is amended to read paragraph (2). The Commission shall, within to make independent expenditures aggregat- as follows: 2 business days after making each such de- ing $1,000 or more are made with respect to ‘‘(a) IN GENERAL.—Every individual (other termination, notify each eligible Senate can- the same candidate after the latest report than a nonresident alien) whose income tax didate in the election involved about such filed under this subparagraph. liability for the taxable year is $10 or more determination, and shall, when such con- ‘‘(B) A report under subparagraph (A) shall may designate that $10 shall be paid over to tributions or expenditures exceed the elec- be filed with the Clerk of the House of Rep- the Federal election campaign funds as fol- tion expenditure limit under section 501, cer- resentatives, the Secretary of the Senate, or lows: tify (pursuant to the provisions of subsection the Commission, whichever is applicable, ‘‘(1) $3 to the Presidential Election Cam- (d)) such candidate’s eligibility for payment and the Secretary of State of the State in- paign Fund in accordance with the provi- of any amount under section 504(a). volved, and shall identify each candidate sions of section 9006(a). S812 CONGRESSIONAL RECORD — SENATE January 29, 1997 ‘‘(2) $7 to the Congressional Election Cam- ‘‘Subpart B. Designation of additional ing the ratio of the non-Federal disburse- paign Fund in accordance with the provi- amounts to Congressional Elec- ments to the total Federal expenditures and sions of subtitle C of title V of the Federal tion Campaign Fund. non-Federal disbursements made by the Election Campaign Act of 1971. ‘‘Subpart A—Federal Election Campaign committee during the previous presidential In the case of a joint return of a husband and Funds’’. election year to the committee’s administra- wife having an income tax liability of $20 or (2) The table of parts for subchapter A of tive and overhead expenses in the election more, each spouse may designate that $10 chapter 61 of such Code is amended by strik- year in question; shall be paid as provided in the preceding ing the item relating to part VIII and insert- ‘‘(iv) the costs of grassroots campaign ma- sentence.’’ ing: terials, including buttons, bumper stickers, (b) CONFORMING AMENDMENT.—Section and yard signs that name or depict only a 9006(a) is amended by striking ‘‘section 6096’’ ‘‘Part VIII. Designation of amounts to elec- candidate for State or local office; and and inserting ‘‘section 6096(a)(1)’’. tion campaign funds.’’ ‘‘(v) the cost of any campaign activity con- (c) EFFECTIVE DATE.—The amendments (3) The table of sections for part VII of sub- ducted solely on behalf of a clearly identified made by this section shall apply to taxable chapter B of chapter 1 of such Code is amend- candidate for State or local office, if the can- years beginning after December 31, 1996. ed by striking the item relating to section didate activity is not an activity described SEC. 202. VOLUNTARY CONTRIBUTIONS TO CON- 221 and inserting: in paragraph (1). GRESSIONAL ELECTION CAMPAIGN UNDRAISING.—Any amount that is ex- ‘‘Sec. 221. Contributions to Congressional ‘‘(B) F FUND. pended or disbursed by a national, State, dis- Election Campaign Fund. (a) GENERAL RULE.—Part VIII of sub- trict, or local committee, by an entity that chapter A of chapter 61 of the Internal Reve- ‘‘Sec. 222. Cross reference.’’ is established, financed, maintained, or con- nue Code of 1986 (relating to returns and (d) EFFECTIVE DATE.—The amendments trolled by a State, district, or local commit- records) is amended by adding at the end the made by this subsection shall apply to tax- tee of a political party, or by an agent or of- following: able years beginning after December 31, 1996. ficer of any such committee or entity to ‘‘Subpart B—Designation of Additional TITLE III—PROVISIONS RELATING TO raise funds that are used, in whole or in part, Amounts to Congressional Election Cam- SOFT MONEY OF POLITICAL PARTIES to pay the costs of an activity described in paign Fund SEC. 301. SOFT MONEY OF POLITICAL PARTIES. subparagraph (A) shall be made from funds ‘‘Sec. 6097. Designation of additional Title III of FECA (2 U.S.C. 301 et seq.) is subject to the limitations, prohibitions, and amounts. amended by adding at the end the following: reporting requirements of this Act. ‘‘SEC. 6097. DESIGNATION OF ADDITIONAL ‘‘SEC. 324. SOFT MONEY OF POLITICAL PARTIES. ‘‘(c) TAX-EXEMPT ORGANIZATIONS.—No na- AMOUNTS. ‘‘(a) NATIONAL COMMITTEES.—A national tional, State, district, or local committee of ‘‘(a) GENERAL RULE.—Every individual committee of a political party (including a a political party shall solicit any funds for or (other than a nonresident alien) who files an national congressional campaign committee make any donations to an organization that income tax return for any taxable year may of a political party, an entity that is estab- is exempt from Federal taxation under sec- designate an additional amount which is not lished, financed, maintained, or controlled tion 501(c) of the Internal Revenue Code of less than $1 and not more than $5,000 to be by the national committee, a national con- 1986. paid over to the Congressional Election Cam- gressional campaign committee of a political ‘‘(d) CANDIDATES.— paign Fund established under subtitle C of party, and an officer or agent of any such ‘‘(1) IN GENERAL.—Except as provided in title V of the Federal Election Campaign Act party or entity but not including an entity paragraph (2), no candidate, individual hold- of 1971. regulated under subsection (b)) shall not so- ing Federal office, or agent of a candidate or ‘‘(b) MANNER AND TIME OF DESIGNATION.—A licit or receive any contributions, donations, individual holding Federal office may— designation under subsection (a) may be or transfers of funds, or spend any funds, not ‘‘(A) solicit or receive funds in connection made for any taxable year only at the time subject to the limitations, prohibitions, and with an election for Federal office unless the of filing the income tax return for the tax- reporting requirements of this Act. funds are subject to the limitations, prohibi- able year. Such designation shall be made on ‘‘(b) STATE, DISTRICT, AND LOCAL COMMIT- tions, and reporting requirements of this the page bearing the taxpayer’s signature. TEES.— Act; or ‘‘(c) TREATMENT OF ADDITIONAL AMOUNTS.— ‘‘(1) LIMITATION.—Any amount that is ex- ‘‘(B) solicit or receive funds that are to be Any additional amount designated under pended or disbursed by a State, district, or expended in connection with any election for subsection (a) for any taxable year shall, for local committee of a political party (includ- other than a Federal election unless the all purposes of law, be treated as an addi- ing an entity that is established, financed, funds— tional income tax imposed by chapter 1 for maintained, or controlled by a State, dis- ‘‘(i) are not in excess of the amounts per- such taxable year. trict, or local committee of a political party mitted with respect to contributions to can- ‘‘(d) INCOME TAX RETURN.—For purposes of and an agent or officer of any such commit- didates and political committees under sec- this section, the term ‘income tax return’ tee or entity) during a calendar year in tion 315(a) (1) and (2); and means the return of the tax imposed by which a Federal election is held, for any ac- ‘‘(ii) are not from sources prohibited by chapter 1.’’ tivity that might affect the outcome of a this Act from making contributions with re- (b) DEDUCTIBILITY OF CONTRIBUTIONS.— Federal election, including any voter reg- spect to an election for Federal office. (1) IN GENERAL.—Part VII of subchapter B istration or get-out-the-vote activity, any ‘‘(2) EXCEPTION.—Paragraph (1) does not of chapter 1 of the Internal Revenue Code of generic campaign activity, and any commu- apply to the solicitation or receipt of funds 1986 (relating to additional itemized deduc- nication that identifies a candidate (regard- by an individual who is a candidate for a tions for individuals) is amended by redesig- less of whether a candidate for State or local State or local office if the solicitation or re- nating section 221 as section 222 and by in- office is also mentioned or identified) shall ceipt of funds is permitted under State law serting after section 220 the following new be made from funds subject to the limita- for the individual’s State or local campaign section: tions, prohibitions, and reporting require- committee.’’ ‘‘SEC. 221. CONTRIBUTIONS TO CONGRESSIONAL ments of this Act. SEC. 302. STATE PARTY GRASSROOTS FUNDS. ELECTION CAMPAIGN FUND. ‘‘(2) ACTIVITY NOT INCLUDED IN PARAGRAPH (a) INDIVIDUAL CONTRIBUTIONS.—Section ‘‘There shall be allowed as a deduction for (1).— 315(a)(1) of FECA (2 U.S.C. 441a(a)(1)) is any taxable year an amount equal to the ‘‘(A) IN GENERAL.—Paragraph (1) shall not amended— lesser of— apply to an expenditure or disbursement (1) in subparagraph (B) by striking ‘‘or’’ at ‘‘(1) the amount designated on the income made by a State, district, or local committee the end; tax return for the taxable year under section of a political party for— (2) by redesignating subparagraph (C) as 6097(a), or ‘‘(i) a contribution to a candidate for State subparagraph (D); and ‘‘(2) $100 ($200 in the case of a joint re- or local office if the contribution is not des- (3) by inserting after subparagraph (B) the turn).’’ ignated or otherwise earmarked to pay for following: (2) ABOVE-THE-LINE DEDUCTION.—Section an activity described in paragraph (1); ‘‘(C) to— 62(a) of such Code is amended by adding after ‘‘(ii) the costs of a State, district, or local ‘‘(i) a State Party Grassroots Fund estab- paragraph (16) the following new paragraph: political convention; lished and maintained by a State committee ‘‘(17) CONGRESSIONAL CAMPAIGN FUND CON- ‘‘(iii) the non-Federal share of a State, dis- of a political party in any calendar year TRIBUTIONS.—The deduction allowed by sec- trict, or local party committee’s administra- which, in the aggregate, exceed $20,000; and tion 221.’’ tive and overhead expenses (but not includ- ‘‘(ii) any other political committee estab- (c) CONFORMING AMENDMENTS.— ing the compensation in any month of any lished and maintained by a State committee (1) Part VIII of subchapter A of chapter 61 individual who spends more than 20 percent of a political party in any calendar year of such Code is amended by striking the of the individual’s time on activity during which, in the aggregate, exceed $5,000; heading and inserting: the month that may affect the outcome of a except that the aggregate contributions de- ‘‘PART VIII—DESIGNATION OF AMOUNTS Federal election) except that for purposes of scribed in this subparagraph that may be TO ELECTION CAMPAIGN FUNDS this paragraph, the non-Federal share of a made by a person to the State Party Grass- ‘‘Subpart A. Federal Election Campaign party committee’s administrative and over- roots Fund and all committees of a State Funds. head expenses shall be determined by apply- Committee of a political party in any State January 29, 1997 CONGRESSIONAL RECORD — SENATE S813 in any calendar year shall not exceed $20,000; the same political party in the same State if ‘‘(4) Any political committee to which or’’. the district or local committee— paragraph (1) or (2) does not apply shall re- (b) MULTICANDIDATE COMMITTEE CONTRIBU- ‘‘(1) has established a separate segregated port any receipts or disbursements that are TIONS TO STATE PARTY.—Section 315(a)(2) of fund for the purposes described in section used in connection with a Federal election. FECA (2 U.S.C. 441a(a)(2)) is amended— 324(b)(1); and ‘‘(5) If a political committee has receipts (1) in subparagraph (B), by striking ‘‘or’’ at ‘‘(2) uses the transferred funds solely for or disbursements to which this subsection the end; those purposes. applies from any person aggregating in ex- (2) by redesignating subparagraph (C) as ‘‘(c) AMOUNTS RECEIVED BY GRASSROOTS cess of $200 for any calendar year, the politi- subparagraph (D); and FUNDS FROM STATE AND LOCAL CANDIDATE cal committee shall separately itemize its (3) by inserting after subparagraph (B) the COMMITTEES.— reporting for such person in the same man- following: ‘‘(1) IN GENERAL.—Any amount received by ner as required in subsection (b) (3)(A), (5), or ‘‘(C) to— a State Party Grassroots Fund from a State (6). ‘‘(i) a State Party Grassroots Fund estab- or local candidate committee for expendi- ‘‘(6) Reports required to be filed under this lished and maintained by a State committee tures described in section 324(b)(1) that are subsection shall be filed for the same time of a political party in any calendar year for the benefit of that candidate shall be periods required for political committees which in the aggregate, exceed $15,000; and treated as meeting the requirements of under subsection (a).’’ ‘‘(ii) any other political committee estab- 324(b)(1) and section 304(d) if— (b) REPORT OF EXEMPT CONTRIBUTIONS.— lished and maintained by a State committee ‘‘(A) the amount is derived from funds Section 301(8) of FECA (2 U.S.C. 431(8)) is amended by inserting at the end the follow- of a political party which, in the aggregate, which meet the requirements of this Act ing: exceed $5,000; with respect to any limitation or prohibition as to source or dollar amount specified in ‘‘(C) The exclusion provided in subpara- except that the aggregate contributions de- graph (B)(viii) shall not apply for purposes of scribed in this subparagraph that may be section 315(a) (1)(A) and (2)(A); and ‘‘(B) the State or local candidate commit- any requirement to report contributions made by a multicandidate political commit- under this Act, and all such contributions tee to the State Party Grassroots Fund and tee— ‘‘(i) maintains, in the account from which aggregating in excess of $200 shall be re- all committees of a State Committee of a po- ported.’’ litical party in any State in any calendar payment is made, records of the sources and amounts of funds for purposes of determining (c) REPORTS BY STATE COMMITTEES.—Sec- year shall not exceed $15,000; or’’. tion 304 of FECA (2 U.S.C. 434), as amended whether those requirements are met; and (c) OVERALL LIMIT.— by subsection (a), is amended by adding at ‘‘(ii) certifies that the requirements were (1) IN GENERAL.—Section 315(a) of FECA (2 the end the following new subsection: met. U.S.C. 441a(a)) is amended by striking para- ‘‘(e) FILING OF STATE REPORTS.—In lieu of graph (3) and inserting the following: ‘‘(2) DETERMINATION OF COMPLIANCE.—For any report required to be filed by this Act, purposes of paragraph (1)(A), in determining ‘‘(3) OVERALL LIMIT.— the Commission may allow a State commit- whether the funds transferred meet the re- ‘‘(A) ELECTION CYCLE.—No individual shall tee of a political party to file with the Com- make contributions during any election quirements of this Act described in para- mission a report required to be filed under cycle that, in the aggregate, exceed $60,000. graph (1)(A)— State law if the Commission determines such ‘‘(A) a State or local candidate commit- ‘‘(B) CALENDAR YEAR.—No individual shall reports contain substantially the same infor- make contributions during any calendar tee’s cash on hand shall be treated as con- mation.’’ year— sisting of the funds most recently received (d) OTHER REPORTING REQUIREMENTS.— ‘‘(i) to all candidates and their authorized by the committee; and (1) AUTHORIZED COMMITTEES.—Section political committees that, in the aggregate, ‘‘(B) the committee must be able to dem- 304(b)(4) of FECA (2 U.S.C. 434(b)(4)) is exceed $25,000; or onstrate that its cash on hand contains funds amended— ‘‘(ii) to all political committees estab- meeting those requirements sufficient to (A) by striking ‘‘and’’ at the end of sub- lished and maintained by State committees cover the transferred funds. paragraph (H); of a political party that, in the aggregate, ‘‘(3) REPORTING.—Notwithstanding para- (B) by inserting ‘‘and’’ at the end of sub- exceed $20,000. graph (1), any State Party Grassroots Fund paragraph (I); and ‘‘(C) NONELECTION YEARS.—For purposes of that receives a transfer described in para- (C) by adding at the end the following new subparagraph (B)(i), any contribution made graph (1) from a State or local candidate subparagraph: to a candidate or the candidate’s authorized committee shall be required to meet the re- ‘‘(J) in the case of an authorized commit- political committees in a year other than porting requirements of this Act, and shall tee, disbursements for the primary election, the calendar year in which the election is submit to the Commission all certifications the general election, and any other election held with respect to which the contribution received, with respect to receipt of the trans- in which the candidate participates;’’. is made shall be treated as being made dur- fer from the candidate committee.’’ (2) NAMES AND ADDRESSES.—Section ing the calendar year in which the election is (2) DEFINITION.—Section 301 of FECA (2 304(b)(5)(A) of FECA (2 U.S.C. 434(b)(5)(A)) is held.’’ U.S.C. 431) (as amended by subsection (c)(2)) amended— (2) DEFINITION.—Section 301 of FECA (2 is amended by adding at the end the follow- (A) by striking ‘‘within the calendar year’’; U.S.C. 431) is amended by adding at the end ing: and the following: ‘‘(21) STATE PARTY GRASSROOTS FUND.—The (B) by inserting ‘‘, and the election to ‘‘(20) ELECTION CYCLE.—The term ‘election term ‘State Party Grassroots Fund’ means a which the operating expenditure relates’’ cycle’ means— separate segregated fund established and after ‘‘operating expenditure’’. maintained by a State committee of a politi- ‘‘(A) in the case of a candidate or the au- TITLE IV—PROHIBITION OF CONTRIBU- cal party solely for the purpose of making thorized committees of a candidate, the pe- TIONS BY INDIVIDUALS INELIGIBLE TO expenditures and other disbursements de- riod beginning on the day after the date of VOTE scribed in section 324(b).’’ the most recent general election for the spe- SEC. 401. PROHIBITION OF CONTRIBUTIONS BY SEC. 303. REPORTING REQUIREMENTS. cific office or seat that the candidate seeks INDIVIDUALS INELIGIBLE TO VOTE. (a) REPORTING REQUIREMENTS.—Section 304 and ending on the date of the next general (a) PROHIBITION.—Section 319 of the Fed- of FECA (2 U.S.C. 434) is amended by adding election for that office or sea; and eral Election Campaign Act of 1971 (2 U.S.C. at the end the following new subsection: ‘‘(B) in the case of all other persons, the 441e) is amended— period beginning on the first day following ‘‘(d) POLITICAL COMMITTEES.—(1) The na- tional committee of a political party, any (1) in the heading by adding ‘‘AND INDI- the date of the last general election and end- congressional campaign committee of a po- VIDUALS NOT QUALIFIED TO REGISTER ing on the date of the next general election.’’ litical party, and any subordinate committee TO VOTE’’ at the end; and (d) STATE PARTY GRASSROOTS FUNDS.— of either, shall report all receipts and dis- (2) in subsection (a)— (1) IN GENERAL.—Title III of FECA (2 U.S.C. bursements during the reporting period, (A) by striking ‘‘(a) It shall’’ and inserting 301 et seq.) (as amended by section 301) is whether or not in connection with an elec- the following: amended by adding at the end the following: tion for Federal office. ‘‘(a) PROHIBITIONS.— ‘‘SEC. 325. STATE PARTY GRASSROOTS FUNDS. ‘‘(2) A political committee (not described ‘‘(1) FOREIGN NATIONALS.—It shall’’; and ‘‘(a) DEFINITION.—In this section, the term in paragraph (1)) to which section 324(b)(1) (B) by adding at the end the following: ‘State or local candidate committee’ means applies shall report all receipts and disburse- ‘‘(2) INDIVIDUALS NOT QUALIFIED TO VOTE.— a committee established, financed, main- ments. It shall be unlawful for an individual who is tained, or controlled by a candidate for other ‘‘(3) Any political committee shall include not qualified to register to vote in a Federal than Federal office. in its report under paragraph (1) or (2) the election to make a contribution, or to prom- ‘‘(b) TRANSFERS.—Notwithstanding section amount of any contribution received by a na- ise expressly or impliedly to make a con- 315(a)(4), no funds may be transferred by a tional committee which is to be transferred tribution, in connection with a Federal elec- State committee of a political party from its to a State committee for use directly (or pri- tion; or for any person to solicit, accept, or State Party Grassroots Fund to any other marily to support) activities described in receive a contribution in connection with a State Party Grassroots Fund or to any other section 324(b)(2) and shall itemize such Federal election from an individual who is political committee, except a transfer may amounts to the extent required by sub- not qualified to register to vote in a Federal be made to a district or local committee of section (b)(3)(A). election.’’. S814 CONGRESSIONAL RECORD — SENATE January 29, 1997 (b) INCLUSION IN DEFINITION OF IDENTIFICA- decision in the case of United States the Hobbs Act proscribes a localized TION.—Section 301(13) of the Federal Election versus Enmons in 1973. Although labor act of extortionate violence whose eco- Campaign Act of 1971 (2 U.S.C. 431(13)) is violence continues to be a widespread nomic effect is to disrupt the channels amended— problem in labor management rela- of commerce. Other Federal statutes (1) in subparagraph (A)— (A) by striking ‘‘and’’ the first place it ap- tions today, the Federal Government are not adequate to address the full ef- pears; and has not moved in a meaningful way to fect of the Enmons decision. (B) by inserting ‘‘, and an affirmation that address this issue. It is this decision’s The Enmons decision affords parties the individual is an individual who is not unfortunate result which this bill is in- to labor-management disputes an ex- prohibited by section 319 from making a con- tended to rectify. emption from the statute’s broad pro- tribution’’ after ‘‘employer’’; and The Enmons decision involved the scription against violence which is not (2) in subparagraph (B) by inserting ‘‘and Hobbs Anti-Racketeering Act which is available to any other group in society. an affirmation that the person is a person intended to prohibit extortion by labor This bill would make it clear that the that is not prohibited by section 319 from unions. It provides that: ‘‘Whoever in making a contribution’’ after ‘‘such person’’. Hobbs Act punishes the actual or any way * * * obstructs, delays, or af- threatened use of force and violence BUMPERS/MURRAY ‘‘PUBLIC CONFIDENCE IN fects commerce in the movement of which is calculated to obtain property CAMPAIGNS ACT OF 1997’’ any article or commodity in com- without regard to whether the extor- VOLUNTARY SPENDING LIMITS AND PUBLIC FI- merce, by robbery or extortion or at- tionist has a colorable claim to such NANCING TO RESTORE FAITH IN OUR POLITICAL tempts or conspires to do so or com- property, and without regard to his or SYSTEM mits or threatens physical violence to her status as a labor representative, Establishes Congressional Election Cam- any person or property * * *’’ com- businessman, or private citizen. paign Fund to provide public financing to el- mits a criminal act. This language Mr. President, attempts to rectify igible Senate candidates who agree to vol- clearly outlaws extortion by labor the injustice of the Enmons decision untary spending limits similar to McCain/ unions. It outlaws violence by labor have been before the Senate on several Feingold. Provides eligible candidates with matching funds in primary, full public fi- unions. occasions. Shortly after the decision nancing in the general election. Although this language is very clear, was handed down, a bill was introduced The Fund is financed by expansion of the the Supreme Court in Enmons created which was intended to repudiate the Presidential tax return check-off from $3 to an exemption to the law which says decision. Over the next several years, $10 and creation of a voluntary tax return that as long as a labor union commits attempts were made to come up with add-on allowing citizens to contribute to the extortion and violence in furtherance language which was acceptable to orga- Fund. The first $100 contributed through the of legitimate collective-bargaining ob- nized labor and at the same time re- add-on is tax deductible. ($200 for joint fil- jectives, no violation of the act will be ers.) stored the original intent of the Hobbs Eliminates soft money contributions to po- found. Simply put, the Court held that Act. litical parties. if the ends are permissible, the means Although bills achieving the same Requires reporting of independent expendi- to that end, no matter how horrible or goals as the bill I am introducing today tures, including identification of the can- reprehensible, will not result in a vio- have made progress and one even didate the independent expenditure seeks to lation of the act. passed the Senate, none has been en- support or oppose. Provides additional The Enmons decision is wrong. This acted. It is time for the Senate to re- matching funds to eligible candidates who bill will make it clear that the Hobbs examine this issue and to restate its are targeted by independent expenditures of greater than $10,000. Act is intended to punish the actual or opposition to violence in labor dis- Reduces limit on PAC contributions to threatened use of force or violence, or putes. Encouraged by their special ex- candidates to $2000 for the primary, $2000 for fear thereof, to obtain property irre- emption from prosecution for acts of the general election. spective of the legitimacy of the extor- violence committed in pursuit of legiti- Prohibits contributions by foreign nation- tionist’s claim to such property and ir- mate union objectives, union officials als and others who are ineligible to vote in respective of the existence of a labor who are corrupt routinely use terror federal elections. management dispute. tactics to achieve their goals. Eligible candidates may not spend more Let me discuss the Enmons case. In than $10,000 of their own funds. From January 1975 to June 1996, the Applies to all elections held after Decem- that case, the defendants were indicted National Institute for Labor Relations ber 31, 1998. for firing high-powered rifles at prop- Research has documented more than erty, causing extensive damage to the 8,700 reported cases of union violence. By Mr. THURMOND (for himself property owned by a utility company— This chilling statistic gives clear testi- and Mr. HATCH): all done in an effort to obtain higher mony to the existence of a pervasive S. 230. A bill to amend section 1951 of wages and other benefits from the com- national problem. title 18, United States Code—com- pany for striking employees. The in- Mr. President, violence has no place monly known as the Hobbs Act—and dictment was, however, dismissed by in our society, regardless of the set- for other purposes; to the Committee the district court on the theory that ting. Our national labor policy has al- on the Judiciary. the Hobbs Act did not prohibit the use ways been directed toward the peaceful HOBBS ANTI-RACKETEERING ACT AMENDMENTS of violence in obtaining legitimate resolution of labor disputes. It is ironic Mr. THURMOND. Mr. President, union objectives. On appeal, the Su- that the Hobbs Act, which was enacted today, I am introducing legislation to preme Court affirmed. in large part to accomplish this worthy amend the Hobbs Anti-Racketeering The Supreme Court held that the goal, has been virtually emasculated. Act to reverse the 1973 Supreme Court Hobbs Act does not proscribe violence The time has come to change that. I decision in United States versus committed during a lawful strike for think that my colleagues on both sides Enmons, and to address a serious, long the purpose of achieving legitimate of the aisle share a common concern term, festering problem under our Na- collective-bargaining objectives, like that violence in labor disputes, what- tion’s labor laws. I am pleased to have higher wages. By its focus upon the ever the source, should be eliminated. Senator HATCH, chairman of the Com- motives and objectives of the property Government has been unwilling to deal mittee on the Judiciary, join me in in- claimant who uses violence or force to with this problem for too long. It is troducing this bill. The United States achieve his or her goals, the Enmons time for this Congress to act. regulates labor relations on a national decision has had several unfortunate Mr. President, I ask unanimous con- basis and our labor management poli- results. It has deprived the Federal sent that the text of the bill be printed cies are national policies. These poli- Government of the ability to punish in the RECORD. cies and regulations are enforced by significant acts of extortionate vio- There being no objection, the bill was laws such as the National Labor Rela- lence when they occur in a labor man- ordered to be printed in the RECORD, as tions Act that Congress designed to agement context. Although other Fed- follows: preempt comparable State laws. eral statutes prohibit the use of spe- S. 230 I believe it is time for the Govern- cific devices or the use of channels of Be it enacted by the Senate and House of Rep- ment to act and respond to what the commerce in accomplishing the under- resentatives of the United States of America in Supreme Court did when it rendered its lying act of extortionate violence, only Congress assembled, January 29, 1997 CONGRESSIONAL RECORD — SENATE S815 SECTION 1. SHORT TITLE. ‘‘(C) any provision of the Norris-LaGuardia The report to Congress lists several This Act may be cited as the ‘‘Freedom Act (29 U.S.C. 101 et seq.); serious threats to our cave resources From Union Violence Act of 1997’’. ‘‘(D) any provision of the National Labor from continued uninformed manage- SEC. 2. INTERFERENCE WITH COMMERCE BY Relations Act (29 U.S.C. 151 et seq.); or THREATS OR VIOLENCE. ment paractices. These threats include ‘‘(E) any provision of the Railway Labor alterations in the surface waterflow Section 1951 of title 18, United States Code, Act (45 U.S.C. 151 et seq.); or is amended to read as follows: ‘‘(2) to preclude Federal jurisdiction over patterns in karst regions, alternations ‘‘§ 1951. Interference with commerce by any violation of this section, on the basis in or pollution of water recharge zones, threats or violence that the conduct at issue— inappropriately placed toxic waste re- ‘‘(a) PROHIBITION.—Except as provided in ‘‘(A) is also a violation of State or local positories, and poorly managed or de- subsection (c), whoever in any way or degree law; or signed sewage systems and landfills. obstructs, delays, or affects commerce or the ‘‘(B) occurred during the course of a labor The findings of the report conclude movement of any article or commodity in dispute or in pursuit of a legitimate business that it is only through a better under- commerce, by robbery or extortion, or at- or labor objective.’’. standing of cave resources that we can tempts or conspires so to do, or commits or By Mr. BINGAMAN: threatens physical violence to any person or prevent detrimental impacts to Ameri- S. 231. A bill to establish the Na- ca’s natural resources and cave and property in furtherance of a plan or purpose tional Cave and Karst Research Insti- to do anything in violation of this section, karst systems. shall— tute in the State of New Mexico, and The goals of the National Cave and ‘‘(1) if death results, be fined in accordance for other purposes; to the Committee Karst Research Institute, as outlined with this title, imprisoned for any term of on Energy and Natural Resources. in the report, would be to develop and years or for life or sentenced to death, or THE NATIONAL CAVE AND KARST RESEARCH centralize scientific knowledge of cave both; or INSTITUTE ACT OF 1997 resources, foster interdisciplinary co- ‘‘(2) in any other case, be fined in accord- Mr. BINGAMAN. Mr. President, I rise ance with this title, imprisoned for a term of operation in cave and karst research today to introduce a bill to create a programs, and to promote environ- not more than 20 years, or both. National Cave and Karst Research In- ‘‘(b) DEFINITIONS.—For purposes of this sec- mentally sound, sustainable resource tion— stitute in Carlsbad, NM. This bill will management practices. The National ‘‘(1) the term ‘commerce’ means any— continue the efforts started by Con- Cave and Karst Research Institute ‘‘(A) commerce within the District of Co- gress in 1988 to develop the information would be jointly administered by the lumbia, or any territory or possession of the needed to effectively manage and pre- National Park Service and another United States; serve the Nation’s cave and karst re- ‘‘(B) commerce between any point in a public or private agency, organization, sources. or institution as determined by the State, territory, possession, or the District In 1988, Congress directed the Sec- Secretary. of Columbia and any point outside thereof; retaries of the Interior and Agriculture ‘‘(C) commerce between points within the Mr. President, the Park Service re- same State through any place outside that to provide an inventory of caves on port to Congress also notes that the vi- State; and Federal lands and to provide for the cinity of Carlsbad Caverns National ‘‘(D) other commerce over which the Unit- management and dissemination of in- Park is ideal particularly in light of ed States has jurisdiction; formation about the caves. The results the incredibly diverse cave and karst ‘‘(2) the term ‘extortion’ means the obtain- of that effort have increased our aware- resources found throughout the region ing of property from any person, with the ness that cave and karst land forms are and the community support which al- consent of that person, if that consent is in- a resource we must learn how to man- duced— ready exists for the establishment of age for our future welfare. For exam- the institute. Numerous varieties of ‘‘(A) by actual or threatened use of force or ple, in America, the majority of the violence, or fear thereof; or world class caves are located nearby. ‘‘(B) by wrongful use of fear not involving Nation’s fresh water is groundwater—25 Furthermore, the Carlsbad Department force or violence; or percent of which is located in cave and of Development, after reviewing the ‘‘(C) under color of official right; karst regions. As we look to the 21st National Cave and Karst Research In- ‘‘(3) the term ‘labor dispute’ has the same century, the protection of our ground- stitute study report, has developed pro- meaning as in section 2(9) of the National water resources is of critical impor- posals to obtain financial support from Labor Relations Act (29 U.S.C. 152(9)); and tance, especially in the arid West. Fur- available and supportive organiza- ‘‘(4) the term ‘robbery’ means the unlawful thermore, recent studies have indi- taking or obtaining of personal property tional resources—including personnel, cated that caves contain valuable in- facilities, equipment, and volunteers. from the person or in the presence of an- formation related to global climate other, against his or her will, by means of The Department of Development also actual or threatened force or violence, or change, waste disposal, groundwater believes that it can obtain serious fi- fear of injury, immediate or future— supply and contamination, petroleum nancial support from the private sector ‘‘(A) to his or her person or property, or recovery, and biomedical investiga- and would seek a matching grant from property in his or her custody or possession; tions. Caves also often have historical the State of New Mexico equal to the or or cultural significance. Many have re- available Federal funds. ‘‘(B) to the person or property of a relative ligious significance for native Ameri- Mr. President, my legislation will or member of his or her family, or of anyone cans. Yet, academic programs on these in his or her company at the time of the tak- help provide the necessary tools to help systems are virtually nonexistent; discover the wealth of knowledge con- ing or obtaining. most research is conducted with little ‘‘(c) EXEMPTED CONDUCT.— tained in these important, but largely ‘‘(1) IN GENERAL.—Subsection (a) does not or no funding and the resulting data is unexplored landforms. Carlsbad, NM al- apply to any conduct that— scattered and often hard to locate. ready has in place many of the needed ‘‘(A) is incidental to otherwise peaceful To begin addressing this problem, in cooperative institutions, facilities, and picketing during the course of a labor dis- 1990 Congress directed the National volunteers that will work toward the pute; Park Service to establish a cave re- success of this project. It is imperative ‘‘(B) consists solely of minor bodily injury, search program and to study the fea- that we take advantage of these condi- or minor damage to property, or threat or sibility of a centralized cave and karst fear of such minor injury or damage; and tions and establish the National Cave research institute. In December 1994, and Karst Research Institute. ‘‘(C) is not part of a pattern of violent con- the National Park Service submitted duct or of coordinated violent activity. ‘‘(2) STATE AND LOCAL JURISDICTION.—Any to Congress the National Cave and By Mr. HARKIN (for himself, Mr. violation of this section that involves any Karst Research Institute Study. As di- LEAHY, Mrs. BOXER, Mrs. MUR- conduct described in paragraph (1) shall be rected by Public Law 101–578, the re- RAY, Mr. INOUYE, Ms. MIKULSKI, subject to prosecution only by the appro- port studied the feasibility of creating and Mr. KERRY): priate State and local authorities. a National Research Institute in the vi- S. 232. A bill to amend the Fair Labor ‘‘(d) EFFECT ON OTHER LAW.—Nothing in cinity of Carlsbad Caverns National Standards Act of 1938 to prohibit dis- this section shall be construed— Park. The report not only supported ‘‘(1) to repeal, amend, or otherwise affect— crimination in the payment of wages ‘‘(A) section 6 of the Clayton Act (15 U.S.C. the establishment of the National Cave on account of sex, race, or national ori- 17); and Karst Research Institute, but also gin, and for other purposes; to the ‘‘(B) section 20 of the Clayton Act (29 concluded that now is the ideal time to Committee on Labor and Human Re- U.S.C. 52); consider it. sources. S816 CONGRESSIONAL RECORD — SENATE January 29, 1997 THE FAIR PAY ACT OF 1997 come gap can mean the difference be- problem of unequal opportunity. Clos- ∑ Mr. HARKIN. Mr. President, there is tween welfare and self-sufficiency, ing this loophole is not enough if we perhaps no other form of discrimina- owning a home or renting, sending kids fail to provide the opportunity for tion that has as direct an impact on to college or to a minimum wage job, women, regardless of their merit, to the day-to-day lives of workers as wage or having a secure retirement tomor- reach higher paying positions. discrimination. When women aren’t row instead of scrimping to survive The Government, by itself, cannot paid what they are worth, we all get today. change the attitudes and perceptions of cheated. The Fair Pay Act has already been individuals or private businesses in hir- The Equal Pay Act of 1963 prohibits endorsed by a wide variety of groups ing and advancing women, but it can sex-based discrimination in compensa- and organizations. In addition, polling set an example. Certainly, President tion for doing the same job. However, data consistently shows that over 70 Clinton has shown great leadership by this statute fails to address other com- percent of the American people support appointing an unprecedented number of ponents of the pay equity problem such a law requiring the same pay for men women to his administration. Just last as job segregation. Current law has not and women in jobs requiring skills and week, Madeleine Albright became the reached far enough to combat wage dis- responsibilities. The American people first woman Secretary of State for the crimination when employers routinely want fair pay legislation. Their elected United States of America. I am con- pay lower wages to jobs that are domi- representatives ought to want it too. fident she will do a great job, and I nated by women. More than 30 years I would ask my colleagues to review look forward to the day when a woman after the passage of the Equal Pay Act, this important legislation and come to reaching this high an office is not news women’s wages still lag behind their me or my staff with any questions you simply because of her gender. We are male counterparts’ wages. This impor- may have. I welcome your comments moving toward that day, but we are tant issue demands our attention. and suggestions and urge your support. not there yet. In the last Congress, I introduced the It’s a simple issue of fairness for The private sector also has a long Fair Pay Act so we could close the women to earn equal pay for work of way to go to provide equal oppor- wage gap once and for all. I am reintro- equal value to an employer.∑ tunity. The report released recently by ducing this legislation in the 105th ∑ Mr. LEAHY. Mr. President, I am the Glass Ceiling Commission found Congress so we can continue to fight privileged to join Senator TOM HARKIN that 95 percent of the senior managers for fairness on behalf of working fami- to introduce the Fair Pay Act. of Fortune 1000 industrial and Fortune lies. Early in the next century, women— 500 companies are white males. The The Fair Pay Act is designed to pick for the first time ever—will outnumber Glass Ceiling Commission also found up where the Equal Pay Act left off. men in the U.S. workplace. In 1965, that when there are women in high The heart of the bill seeks to eliminate women held 35 percent of all jobs. That places, their compensation is lower wage discrimination based upon sex, has grown to more than 46 percent than white males in similar positions. race, or national origin. This impor- today. And in a few years, women will This wage inequality is the issue we tant legislation would amend the Fair make up a majority of the work force. seek to address today. Labor Standards Act of 1938 to require Fortunately, there are more business For the first time in our country’s employers to provide equal pay for and career opportunities for working long history, this bill outlaws discrimi- work in jobs that are comparable in women today than 30 years ago. Unlike nation in wages paid to employees in skill, effort, responsibility, and work- 1965, Federal, State, and private sector equivalent jobs solely on the basis of a ing conditions. The Fair Pay Act would programs now offer women many op- worker’s sex. I say it is about time. I apply to each company individually portunities to choose their own future. commend Senator HARKIN for introduc- and would prohibit companies from re- Working women also have opportuni- ing the Fair Pay Act, and I am proud ducing employees’ wages to achieve ties to gain the knowledge and skills to to be an original cosponsor of it. pay equity. achieve their own economic security. The Fair Pay Act would remedy gen- Wage gaps can result from dif- But despite these gains, working der wage gaps under a balanced ap- ferences in education, experience, or women still face a unique challenge— proach that takes advantage of the em- time in the work force and the Fair achieving pay equity. Women currently ployment expertise of the Equal Em- Pay Act does not interfere with that. earn, on average, 28 percent less than ployment Opportunity Commission But just as there is a glass ceiling in men. That means for every dollar a [EEOC], while providing flexibility to the American workplace, there is also man earns, a woman earns only 72 small employers . In addition, it would what I call a glass wall—where women cents. Over a lifetime, the average safeguard legitimate wage differences are on the exact same level as their woman will earn $420,000 less than the caused by a seniority or merit pay sys- male coworkers. They have the same average man based solely on her sex. tem. And the legislation directs the skills, they have the same responsibil- This is unacceptable. EEOC to provide educational materials ities, but they are still obstructed from We must correct this gross inequity, and technical assistance to help em- receiving the same pay. It’s a hidden and we must correct it now. ployers design fair pay policies. barrier, but a barrier all the same. The How is this possible with our Federal A few months ago, I was privileged to Fair Pay Act is about knocking down laws prohibiting discrimination? It is help organize the first annual Vermont the glass wall. It’s a fundamental issue possible because we in Congress have Women’s Economic Security Con- of fairness to provide equal pay for failed to protect one of the most fun- ference in Burlington, VT. At this con- work of equal value to an employer. damental human rights—the right to ference, I heard about the daily tri- Fair pay is a commonsense business be paid fairly for an honest day’s work. umph of Vermont women succeeding in issue. Women make up almost half of Unfortunately, our laws ignore wage the workplace, even though many of the work force and fair pay is essential discrimination against women, which them are paid below their male coun- to attract and keep good workers. continues to fester like a cancer in terparts. These woman did not com- Fair pay is an economic issue. Work- workplaces across the country. The plain. No, they are proud to be earning ing women, after all, don’t get special Fair Pay Act of 1997 would close this a living. But they want to be paid fair- discounts when they buy food and legal loophole by prohibiting discrimi- ly, and they should be paid fairly. clothing for their families. They don’t nation based on wages. It is a basic issue of fairness to pro- pay less for a ticket to the movies or I do not pretend that this act will vide equal pay for work of equal value. gasoline for their cars. solve all the problems that women face The Fair Pay Act makes it possible for And fair pay is a family issue. When in the workplace. But it is an essential women to finally achieve this fun- women aren’t paid what they are piece of the puzzle. damental fairness. I urge my col- worth, families get cheated too. Over a Equal pay for equal work is often a leagues to support this legislation.∑ lifetime the average woman loses subtle problem that is difficult to com- $420,000 due to unequal pay practices. bat. And it does not stand alone as an By Ms. SNOWE: Such gaps in income are life changing issue that women face in the work- S. 233. A bill to amend the Internal for women and their families. The in- place. It is deeply intertwined with the Revenue Code of 1986 to increase the January 29, 1997 CONGRESSIONAL RECORD — SENATE S817 deduction for health insurance costs of citizens, this provision will help self- THE OREGON INLET PROTECTION ACT OF 1997 self-employed individuals, and for employed business people to afford Mr. HELMS. Mr. President, in offer- other purposes; to the Committee on health insurance without imposing a ing today the Oregon Inlet Protection Finance. costly and unnecessary mandate. Act of 1997, I must emphasize that this THE SMALL BUSINESS ENHANCEMENT ACT From inventors to startup busi- legislation is vital to thousands of ∑ Ms. SNOWE. Mr. President, I intro- nesses, self-employed workers make up North Carolinians, especially citizens duce legislation designed to help Amer- an important and vibrant part of the who work along the northeastern coast ica’s small business. This legislation small business sector—and too often of North Carolina known as the Outer will assist small businesses by increas- they are forgotten in providing benefits Banks, where commercial and rec- and assistance. Indeed, 9 percent of un- ing the tax deduction for health care reational fishermen risk their lives insured workers in America are self- coverage, requiring an estimate of the every day trying to navigate the haz- employed. By extending tax credits for cost of a bill on small businesses before ardous waters of Oregon Inlet. Congress enacts the legislation, and health insurance to these small busi- These fishermen have been pleading creating an assistant U.S. Trade Rep- nesses, we will help to provide health for this legislation for decades because resentative for Small Business. care coverage to millions of Ameri- Small business is the driving force cans. it is a matter of life or death for them. behind our economy, and in order to My bill will also require a cost analy- At last count, 20 fishermen have lost create jobs—both in my home State of sis of legislative proposals before new their lives in Oregon Inlet during the Maine and across the Nation—we must requirements are passed on to small past 30 years, the latest tragedy having encourage small businesses expansion. businesses. Too often, Congress ap- occurred on December 30, 1992, when a Businesses with fewer than 10 employ- proves well-intended legislation that 31-foot commercial fishing vessel sank ees make up 77 percent of Maine’s jobs, shift the costs of programs to small in Oregon Inlet. This was the 20th ves- and nationally, small businesses em- businesses. This proposal will ensure sel to be lost in those waters since 1961. ploy 53 percent of the private work that these unintended consequences Fortunately, both crewmen were res- force. In 1995, small businesses created are not passed along to small busi- cued, but the Coast Guard never found an estimated 75 percent of the 2.5 mil- nesses. According to the U.S. Small the wreckage. lion new jobs. Small businesses truly Business Administration, small busi- Mr. President, this legislation pro- are the backbone of our economy. ness owners spend at least 1 billion poses neither the appropriation of Small businesses are the most suc- hours a year filling out government pa- money nor the authorization of new ex- cessful tool we have for job creation. perwork, at an annual cost that ex- penditures and projects; it merely re- They provide about 67 percent of the ceeds $100 billion. Before we place yet quires the Secretary of the Interior to initial job opportunities in this coun- another obstacle in the path of small transfer two small parcels of Interior try, and are the original—and finest— business job creation, we should under- Department land to the Department of job training program. Unfortunately, stand the costs our proposals will im- the Army so that the Corps of Engi- as much as small businesses help our pose on small businesses. neers may begin work on a too-long-de- This bill will require the Director of own economy—and the Federal Govern- layed project authorized by Congress in the Congressional Budget Office to pre- ment—by creating jobs and building 1970—25 years ago. In doing so, 100 pare for each committee an analysis of economic growth, government often acres of land, adjacent to Oregon Inlet the costs to small businesses that gets in the way. Instead of assisting in Dare County, will be transferred to would be incurred in carrying out pro- small business, government too often the Department of the Army. visions contained in new legislation. frustrates small business efforts. This cost analysis will include an esti- Reviewing the legislative history in- Federal regulations create more than mate of costs incurred in carrying out volving this project, in October 1992, 1 billion hours of paperwork for small the bill or resolution for a 4-year pe- then Interior Secretary Manuel Lujan businesses each year, according to the riod, as well as an estimate of the por- issued conditional permits for the Small Business Administration. More- tion of these costs that would be borne Corps of Engineers to begin the con- over, because of the size of some of the by small businesses. This provision will struction process; the Clinton adminis- largest American corporations, U.S. allow us to fully consider the impact of tration unwisely revoked those per- commerce officials too often devote a our actions on small businesses—and mits. Therefore, the bill I’m offering disproportionate amount of time to the through careful planning, we will suc- today serves notice to the self-pro- needs and jobs in corporate America ceed in avoiding unintended costs. claimed environmentalists who have rather than in small businesses. Finally, this legislation will direct for so long stalled this project that I My legislation will address three the U.S. Trade Representative to estab- will continue to do everything I can to problems facing our Nation’s small lish a position of Assistant U.S. Trade protect the lives and livelihoods of the businesses, and I hope it will both en- Representative for Small Business. The countless commercial and recreational courage small business expansion and Office of the U.S. Trade Representative fishermen who have been denied great- fuel job creation. is overburdened, and too often over- er economic opportunities because of First, this legislation will allow self- looks the needs of small business. The the failure of the Federal Government employed small business men and new Assistant U.S. Trade Representa- to do what it should have done more women to fully deduct their health tive will promote exports by small than a quarter of a century ago. care costs for income tax purposes. businesses and work to remove foreign This provision builds on legislation en- Consider this bit of history, Mr. impediments to these exports. President: In 1970, Congress authorized acted during the 104th Congress, the Mr. President, I am convinced that Health Insurance Reform Act, which the stabilization of a 400-foot wide, 20 this legislation will truly assist small foot deep channel through Oregon Inlet increased the health insurance deduc- businesses, resulting not only in addi- tion for the self-employed from 30 to 35 and the installation of a system of jet- tional entrepreneurial opportunities ties with a sand-bypass system de- percent this year and will gradually in- but also in new jobs. I urge my col- crease it to 80 percent by the year 2006. signed by the U.S. Army Corps of Engi- leagues to join me in supporting this neers. But ever since 1970, this project My bill will allow the self-employed legislation.∑ to deduct 100 percent of their insurance has been repeatedly and deliberately today. It will place small entrepreneurs By Mr. HELMS: stalled by bureaucratic roadblocks con- on equal footing with larger companies S. 234. A bill to direct the Secretary trived by the fringe elements of the en- by immediately increasing a provision of the Interior to transfer administra- vironmental movement. in current law that limits deductions tive jurisdiction over certain land to As a result, many lives and liveli- to 35 percent of the overall cost. At a the Secretary of the Army to facilitate hoods have been lost. North Carolina’s time when America is facing chal- construction of a jetty and sand trans- once thriving fishing industry has dete- lenges to its health care system, and fer system, and for other purposes; to riorated, and access to the Pea Island the Federal Government is seeking the Committee on Energy and Natural National Wildlife Refuge and the Cape remedies to the problem of uninsured Resources. Hatteras National Seashore has been S818 CONGRESSIONAL RECORD — SENATE January 29, 1997 threatened. Since 1970, critics of this That is not environmental activism. 1998, and March 1, 1998, through February 28, project have repeatedly claimed that It is environmental hypocrisy. 1999, in its discretion (1) to make expendi- more studies and time were needed. Mr. President, the issue is clear. The tures from the contingent fund of the Sen- This was nothing more than stalling time for delay is over. This legislation ate, (2) employ personnel, and (3) with the tactics, pure and simple, Mr. President, prior consent of the Government department will mark the beginning of the end of or agency concerned and the Committee on while men died unnecessarily and live- the jetty debate on the Outer Banks, Rules and Administration, to use on a reim- lihoods were destroyed. and will address the long-neglected bursable or non-reimbursable basis the serv- Mr. President, surely a quarter of a concerns of North Carolina’s coastal ices of personnel of any such department or century devoted to deliberate delay is residents. Congress should not delay agency. enough. The proposed Oregon Inlet further in doing what it should have SEC. 2. The expenses of the committee for project is bound to be the most over- done a quarter of a century ago. the period March 1, 1997, through February studied project in the history of the 28, 1998, under this resolution shall not ex- Corps of Engineers and the Department f ceed $4,953,132, of which amount (1) not to ex- ceed $175,000 may be expended for the pro- of the Interior. Note this, Mr. Presi- ADDITIONAL COSPONSORS dent: Since 1969, the Federal Govern- curement of the services of individual con- S. 7 sultants, or organizations thereof (as author- ment has conducted 97—count them—97 ized by section 202(i) of the Legislative Reor- major studies and three full-blown en- At the request of Mr. LOTT, the name of the Senator from Montana [Mr. ganization Act of 1946, as amended), and (2) vironmental impact statements; but, not to exceed $5,000 may be expended for the always environmentalists have de- BURNS] was added as a cosponsor of S. training of the professional staff of such manded more and more delay. 7, a bill to establish a United States committee (under procedures specified by As for the cost-benefit factor, the Of- policy for the deployment of a national section 202(j) of the Legislative Reorganiza- fice of Management and Budget—as re- missile defense system, and for other tion Act of 1946). cently as March 14, 1991—found the purposes. (b) for the period March 1, 1998, through February 28, 1999, expenses of the committee project to be economically justified. S. 25 under this resolution shall not exceed Then, in December 1991, a joint com- At the request of Mr. FEINGOLD, the $5,082,521, of which amount (1) not to exceed mittee of the Corps of Engineers and name of the Senator from California $175,000 may be expended for the procure- the Department of the Interior rec- [Mrs. BOXER] was added as a cosponsor ment of the services of individual consult- ommended to then-Interior Secretary of S. 25, a bill to reform the financing ants, or organizations thereof (as authorized Lujan and subsequent to that, to As- of Federal elections. by section 202(i) of the Legislative Reorga- nization Act of 1946, as amended), and (2) not sistant Secretary of the Army for Civil S. 104 Works Page that the jetties be built. to exceed $5,000 may be expended for the At the request of Mr. MURKOWSKI, the training of the professional staff of such The people of the Outer Banks have name of the Senator from Montana waited in vain. And they still wait, Mr. committee (under procedures specified by [Mr. BURNS] was added as a cosponsor section 202(j) of the Legislative Reorganiza- President. of S. 104, a bill to amend the Nuclear tion Act of 1946). Congress must act soon. Too many Waste Policy Act of 1982. SEC. 3. The committee shall report its find- lives have been lost; the continued ex- ings, together with such recommendations S. 181 istence of the Outer Banks is now in for legislation as it deems advisable, to the question because nothing has been al- At the request of Mr. GRASSLEY, the Senate at the earliest practicable date, but lowed to be done to manage the flow of name of the Senator from Arizona [Mr. not later than February 28, 1997, and Feb- sand from one end of the coastal is- KYL] was added as a cosponsor of S. 181, ruary 28, 1998, respectively. lands to the other. If much more time a bill to amend the Internal Revenue SEC. 4. Expenses of the committee under this resolution shall be paid from the contin- is wasted, the self-appointed environ- Code of 1986 to provide that install- ment sales of certain farmers not be gent fund of the Senate upon vouchers ap- mentalists won’t have to worry about proved by the chairman of the committee, turtles or birds on Cape Hatteras, be- treated as a preference item for pur- except that vouchers shall not be required (1) cause a few short years hence, Oregon poses of the alternative minimum tax. for the disbursement of salaries of employees Inlet will have disappeared. S. 194 paid at an annual rate, or (2) for the pay- To understand why this project has At the request of Mr. CHAFEE, the ment of telecommunications provided by the become one of the Interior Depart- names of the Senator from New York Office of the Sergeant at Arms and Door- keeper, United States Senate, or (3) for the ment’s most studied and controversial [Mr. D’AMATO] and the Senator from payment of stationery supplies purchased projects, the October 1992 edition of Maine [Ms. SNOWE] were added as co- The Smithsonian magazine is highly through the Keeper of the Stationery, United sponsors of S. 194, a bill to amend the States Senate, or (4) for payments to the instructive. In an article titled, ‘‘This Internal Revenue Code of 1986 to make Postmaster, United States Senate, or (5) for Beach Boy Sings a Song Developers permanent the section 170(e)(5) rules the payment of metered charges on copying Don’t Want to Hear,’’ the magazine pertaining to gifts of publicly-traded equipment provided by the Office of the Ser- chronicles the adventures of a profes- stock to certain private foundations geant at Arms and Doorkeeper, United sor at a major North Carolina univer- and for other purposes. States Senate, or (6) for the payment of Sen- sity who has made his living organizing ate Recording and Photographic Services. f opposition to all coastal engineering SEC. 5. There are authorized such sums as projects on the Outer Banks—Oregon may be necessary for agency contributions SENATE RESOLUTION 33—ORIGI- related to the compensation of employees of Inlet in particular. The article further NAL RESOLUTION REPORTED AU- the committee from March 1, 1997, through relates the confrontation between the THORIZING EXPENDITURES BY February 28, 1998, and March 1, 1998, through professor and an angry Oregon Inlet THE COMMITTEE ON APPROPRIA- February 28, 1999, to be paid from the Appro- fisherman, a man whose livelihood has TIONS priations account for ‘‘Expenses of Inquiries been made more hazardous by the bu- and Investigations.’’ Mr. STEVENS, from the Committee reaucratic failure to keep open a safe f on Appropriations, reported the follow- channel at Oregon Inlet. When ques- SENATE RESOLUTION 34—ORIGI- tioned about his motives and actions ing original resolution; which was re- NAL RESOLUTION REPORTED AU- this university professor retorted that ferred to the Committee on Rules and he and his radical friends boasted that Administration: THORIZING EXPENDITURES BY they would not be satisfied until all S. RES. 33 THE COMMITTEE ON ENERGY the houses are taken off the shore to Resolved, That, in carrying out its powers, AND NATURAL RESOURCES leave it the way it was before. duties, and functions under the Standing Mr. MURKOWSKI, from the Commit- Mr. President, this is the response Rules of the Senate, in accordance with its tee on Energy and Natural Resources, from a professor whose home occupies jurisdiction under rule XXV of such rules, in- reported the following original resolu- cluding holding hearings, reporting such tion; which was referred to the Com- a large plot of land 200 miles west in hearings, and making investigations as au- the middle of North Carolina, a profes- thorized by paragraphs 1 and 8 of rule XXVI mittee on Rules and Administration: sor who is all too ready to deprive of the Standing Rules of the Senate, the S. RES. 34 other North Carolinians of their rights Committee on Appropriations is authorized Resolved, That in carrying out its powers, to live and prosper. from March 1, 1997, through February 28, duties, and functions under the Standing January 29, 1997 CONGRESSIONAL RECORD — SENATE S819

Rules of the Senate, in accordance with its of the Senate, (2) to employ personnel, and COMMITTEE ON ENERGY AND NATURAL jurisdiction under rule XXV of such rules, in- (3) with the prior consent of the government RESOURCES cluding holding hearings reporting such department or agency concerned and the Mr. LOTT. Mr. President, I ask unan- hearings, and making investigations as au- Committee on Rules and Administration, to imous consent that the Committee on thorized by paragraphs 1 and 8 of rule XXVI use on a reimbursable or non-reimbursable Energy and Natural Resources be of the Standing Rules of the Senate, the basis the services of personnel of any such Committee on Energy and Natural Resources department or agency. granted permission to meet during the is authorized from March 1, 1997, through SEC. 2. The expenses of the committee for session of the Senate on Wednesday, February 28, 1998, and March 1, 1998, through the period March 1, 1997, through February January 29, 1997, for purposes of con- February 28, 1998, in its discretion (1) to 28, 1998, under this resolution shall not ex- ducting a full committee business make expenditures from the contingent fund ceed $4,113,888, of which amount not to ex- meeting which is scheduled to begin at of the Senate, (2) to employ personnel, and ceed $22,500 may be expended for the procure- 9:30 a.m. The purpose of this meeting is (3) with the prior consent of the Government ment of the services of individual consult- to consider pending calendar business. department or agency concerned and the ants, or organizations thereof (as authorized The PRESIDING OFFICER. Without Committee on Rules and Administration, to by section 202(i) of the Legislative Reorga- use on a reimbursable or non-reimbursable nization Act of 1946, as amended). objection, it is so ordered. basis the services of personnel of any such (b) For the period March 1, 1998, through COMMITTEE ON FINANCE department or agency. February 28, 1999, expenses of the committee Mr. LOTT. Mr. President, I ask unan- SEC. 2. The expenses of the committee for under this resolution shall not exceed imous consent that the full Committee the period March 1, 1997, through February $4,223,533, of which amount not to exceed on Finance be permitted to meet to 28, 1998 under this resolution shall not exceed $22,500 may be expended for the procurement of the services of individual consultants, or conduct a hearing on Wednesday, Janu- $2,637,966. ary 29, 1997, beginning at 10 a.m. in (b) For the period March 1, 1998, through organizations thereof (as authorized by sec- February 28, 1999, expenses of the committee tion 202(i) of the Legislative Reorganization room 215 Dirksen. under this resolution shall not exceed Act of 1946 as amended). The PRESIDING OFFICER. Without $2,707.696. SEC. 3. The committee shall report its find- objection, it is so ordered. SEC. 3. The committee shall report its find- ings, together with such recommendations COMMITTEE ON FOREIGN RELATIONS ings, together with such recommendations for legislation as it deems advisable, to the Mr. LOTT. Mr. President, I ask unan- for legislation as it deems advisable, to the Senate at the earliest practicable date, but not later than February 28, 1997, and Feb- imous consent that the Committee on Senate at the earliest practicable date, but Foreign Relations be authorized to not later than February 28, 1997, and Feb- ruary 28, 1998, respectively. ruary 28, 1998, respectively. SEC. 4. Expenses of the committee under meet during the session of the Senate this resolution shall be paid from the contin- SEC. 4. Expenses of the committee under on Wednesday, January 29, 1997, at 10 this resolution shall be paid from the contin- gent fund of the Senate upon vouchers ap- a.m. to hold a hearing. gent fund of the Senate upon vouchers ap- proved by the chairman of the committee, The PRESIDING OFFICER. Without proved by the chairman of the committee, except that vouchers shall not be required (1) objection, it is so ordered. except that vouchers shall not be required (1) for the disbursement of salaries of employees paid at an annual rate, or (2) for the pay- COMMITTEE ON GOVERNMENTAL AFFAIRS for the disbursement of salaries of employees Mr. LOTT. Mr. President, I ask unan- paid at an annual rate, or (2) for the pay- ment of telecommunications provided by the ment of telecommunications provided by the Office of the Sergeant at Arms and Door- imous consent on behalf of the Govern- Office of the Sergeant at Arms and Door- keeper, United States Senate, or (3) for the mental Affairs Committee to meet on keeper, United States Senate, or (3) for the payment of stationery supplies purchased Wednesday, January 29, at 10 a.m. for payment of stationery supplies purchased through the Keeper of the Stationery, United its organizational meeting for the pur- through the Keeper of the Stationery, United States Senate, or (4) for payments to the pose of electing subcommittee chairs, Postmaster, United States Senate, or (5) for States Senate, or (4) for payments to the amending the committee rules, and ap- Postmaster, United States Senate, or (5) for the payment of metered charges on copying equipment provided by the Office of the Ser- proving of the committee funding reso- the payment of metered changes on copying lution. equipment provided by the Office of the Ser- geant at Arms and Doorkeeper, United geant at Arms and Doorkeeper, United States Senate, or (6) for the payment of Sen- The PRESIDING OFFICER. Without States Senate, or (6) for the payment of Sen- ate Recording and Photographic Services. objection, it is so ordered. SEC. 5. There are authorized such sums as ate Recording and Photographic Services. COMMITTEE ON LABOR AND HUMAN RESOURCES may be necessary for agency contributions SEC. 5. There are authorized such sums as related to the compensation of employees of Mr. LOTT. Mr. President, I ask unan- may be necessary for agency contributions the committee from March 1, 1997, through imous consent that the Committee on related to the compensation of employees of February 28, 1998, and March 1, 1998, through Labor and Human Resources be author- the committee from March 1, 1997, through February 28, 1999, to be paid from the Appro- ized to meet for a hearing on the Reau- February 28, 1998, and March 1, 1998, through priations account for ‘‘Expenses of Inquiries February 28, 1999, to be paid from the Appro- thorization of the Individuals With Dis- and Investigations.’’ priations account for ‘‘Expenses of Inquiries abilities Education Act, during the ses- and Investigations.’’ f sion of the Senate on Wednesday, Janu- f AUTHORITY FOR COMMITTEES TO ary 29, 1997, at 10 a.m. MEET The PRESIDING OFFICER. Without SENATE RESOLUTION 35—ORIGI- objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND NAL RESOLUTION REPORTED AU- COMMITTEE ON SMALL BUSINESS TRANSPORTATION THORIZING EXPENDITURES BY Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I ask unan- THE COMMITTEE ON LABOR AND imous consent that the Senate Com- imous consent that the Committee on HUMAN RESOURCES mittee on Commerce, Science, and Small Business be authorized to meet Mr. JEFFORDS, from the Committee Transportation be authorized to meet during the session of the Senate for its on Labor and Human Resources, re- on January 29, 1997, immediately fol- organizational meeting for the 105th ported the following original resolu- lowing the 9:30 a.m. business meeting Congress on Wednesday, January 29, tion; which was referred to the Com- on the nomination of Rodney Slater to 1997, which will begin at 9:30 a.m., in mittee on Rules and Administration: be Secretary of the Department of room 428A of the Russell Senate Office S. RES. 35 Transportation. Building. The PRESIDING OFFICER. Without Resolved, That, in carrying out its powers, The PRESIDING OFFICER. Without duties, and functions under the Standing objection, it is so ordered. objection, it is so ordered. Rules of the Senate, in accordance with its COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON VETERANS’ AFFAIRS jurisdiction under Rule XXV of such rules, TRANSPORTATION Mr. LOTT. Mr. President, the Com- including holding hearings, reporting such Mr. LOTT. Mr. President, I ask unan- mittee on Veterans’ Affairs would like hearings, and making investigations as au- imous consent that the Senate Com- to request unanimous consent to hold a thorized by paragraphs 1 and 8 of Rule XXVI mittee on Commerce, Science, and hearing on Persian Gulf War illnesses. of the Standing Rules of the Senate, the The hearing will be held on January 29, Committee on Labor and Human Resources Transportation be authorized to meet is authorized from March 1, 1997, through on January 29, 1997, at 9:30 a.m. on 1997, at 11:15 a.m., in room 216 of the February 28, 1998, and March 1, 1998, through pending committee business. Hart Senate Office Building. February 28, 1999, in its discretion (1) to The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without make expenditures from the contingent fund objection, it is so ordered. objection, it is so ordered. S820 CONGRESSIONAL RECORD — SENATE January 29, 1997 SELECT COMMITTEE ON INTELLIGENCE lymph node dissection do not have sage of the Women’s Health and Cancer Mr. LOTT. Mr. President, I ask unan- time to recover from the surgery in a Rights Act of 1997.∑ imous consent that the Select Commit- supervised setting, or have an adequate f tee on Intelligence be authorized to opportunity to learn how to properly meet during the session of the Senate care for their wound, much less begin EILEEN BUTLER, GIRL SCOUT on Wednesday, January 29, 1997, at 2 to deal with their emotional and phys- GOLD AWARD RECIPIENT p.m. to hold a closed hearing on intel- ical pain. And some problems or com- ∑ Ms. MIKULSKI. Mr. President, each ligence matters. plications from the surgery may not year an elite group of young women The PRESIDING OFFICER. Without arise within the first hours following rise above the ranks of their peers and objection, it is so ordered. the surgery. confront the challenge of attaining the SPECIAL COMMITTEE ON AGING The Women’s Health and Cancer Girl Scouts of the United States of Mr. LOTT. Mr. President, I ask unan- Rights Act of 1997 will help ensure that America’s highest rank in scouting, imous consent that the Special Com- women with breast cancer obtain medi- the Girl Scout Gold Award. mittee on Aging be authorized to meet cally appropriate care. This bill says It is with great pleasure that I recog- that women who undergo a mastec- at 2 p.m. on Wednesday, January 29, nize and applaud a young woman from tomy, lumpectomy, or lymph node dis- 1997, for the purpose of a business the State of Maryland who is an hon- section can stay in the hospital as long meeting. ored recipient of this most prestigious as a doctor deems medically appro- The PRESIDING OFFICER. Without and time honored award. She is Eileen priate, in consultation with the pa- objection, it is so ordered. Butler of Ijamsville, MD, and Girl tient. The bill does not mandate how f Scout Troop 1034. She has been honored long a patient should stay in the hos- with the Girl Scouts of the U.S.A. Gold ADDITIONAL STATEMENTS pital, or prescribe an arbitrary time pe- Award by Penn Laurel Girl Scout riod. Instead, it encourages the highest Council in York, PA. standard of medical care by allowing a The young women given this highest THE WOMEN’S HEALTH AND doctor to exercise his best medical achievement in Girl Scouting are to be CANCER RIGHTS ACT OF 1997 judgment in determining how long a commended on their extraordinary ∑ Ms. SNOWE. Mr. President, I am patient should remain in the hospital. commitment and dedication to their pleased to join my colleague from New The bill contains strong protections for families, their friends, their commu- York, Senator D’AMATO, along with doctors to ensure that they are not pe- nities, and to the Girl Scouts of the Senators FEINSTEIN and HOLLINGS, in nalized by insurance companies for pre- United States of America. introducing the Women’s Health and scribing a given length of stay. The The qualities of character, persever- Cancer Rights Act of 1997. This bill pro- procedures could still be performed on ance, and leadership which enabled vides key protections to women facing an outpatient basis if deemed medi- them to reach this goal will also help breast cancer, and to all Americans cally appropriate by the doctor, and them to meet the challenges of the fu- confronting a possible diagnosis of can- agreed to by the patient. ture. They are our inspiration for cer. Second, the bill requires insurance today and our promise for tomorrow. Breast cancer is currently one of the companies to cover breast reconstruc- I am honored to ask my colleagues to major public health crises facing this tion following cancer surgery, as well join me in congratulating Eileen But- Nation. In 1997, 180,000 new cases of as reconstructive surgery to make ler. For her Girl Scout Gold Award breasts symmetrical following cancer breast cancer will be diagnosed in this project, Eileen designed and set up surgery. I am extremely pleased that country, and more than 44,000 women three new exhibits for the Fountain this provision is based on the law in will die from the disease. Breast cancer Rock Park, a nature center. Her my own State of Maine. Currently, in- is the most common form of cancer and project addressed the need for a better the second leading cause of cancer surance companies treat reconstructive surgery following breast cancer dif- understanding of the environment and deaths among American women. In my the importance of working to improve home State of Maine, 900 to 1,000 ferently than other types of recon- structive surgery. In fact, a recent sur- the environment around you. She is women will be diagnosed with breast vey found that 43 percent of the re- one of the best and the brightest and cancer this year. spondents had been denied coverage for serves as an example of character and Consider for a moment what it must follow-up reconstructive symmetry moral strength for us all to imitate be like to face a cancer diagnosis. Then procedures. The availability of recon- and follow.∑ imagine what a woman with breast structive surgery is important not only f cancer goes through when she loses a for those women who believe it is nec- CONGRATULATING RECIPIENTS OF breast to this disease. A mastectomy essary to return their lives to normal patient may endure great pain result- THE FORUM MAGAZINE’S 1997 following cancer surgery, but because PIONEER AWARDS ing from the surgery, and has a large studies show that the fear of losing a wound with drainage tubes which must breast is a leading reason why women ∑ Mr. ABRAHAM. Mr. President, this be properly cared for. She must also do not participate in early breast can- Sunday the Forum magazine will host face the emotional pain of losing part cer detection programs. If women un- the 7th Annual African-American Pio- or all of a breast, and may struggle derstand that breast reconstruction is neer Awards in Flint, MI. I rise to pay with her fear of cancer and what lies widely available, more might partici- tribute to the honorees for their great ahead. Then try to imagine if she is re- pate in detection programs. achievements and contributions to the leased from the hospital within hours Finally, this bill requires insurance African-American community and, in- of surgery. companies to pay full coverage for sec- deed, to all of America. That is what some health plans are ondary consultations whenever any This year the Forum magazine has doing today. Yes—some health care cancer has been diagnosed by the pa- assembled a truly impressive list of plans have issued guidelines requiring tient’s primary physician. It also re- honorees. They are: mastectomies to be performed on an quires a health plan to cover a second Mr. Darwin Davis, originally from outpatient basis. The New York Times opinion even when the specialist finds Flint, has been named one of America’s recently reported that approximately 7 the patient does not have cancer, and 25 most important and powerful black to 8 percent of all mastectomies are allows the patient to go outside an executives by Black Enterprise maga- performed on an outpatient basis. Doc- HMO for consultation by a specialist. zine. His promotion to senior vice tors may feel pressured by their health This is designed to prevent all Ameri- president of The Equitable in 1987 was care plan to release patients before it cans from making inappropriate and merely the latest in a series of impres- is medically appropriate, as health uninformed decisions regarding medi- sive steps within that company. He care plans push doctors harder and cal treatment due to either a false-neg- won three national sales campaigns in harder to cut costs. Women who are re- ative or a false-positive result. 3 years, moved from agent to agency leased from the hospital too early fol- I urge all of my colleagues to join me manager in 41⁄2 years and moved from lowing a mastectomy, lumpectomy, or in supporting and securing swift pas- agent to agency vice president in just 9 January 29, 1997 CONGRESSIONAL RECORD — SENATE S821 years. Mr. Davis is a veteran, a former Dr. Roberts holds a Ph.D. in voca- importance of public service, inter- school teacher, and the recipient of two tional-technical education from Michi- national awareness, and generosity. honorary doctorates. gan State University. He earned his Our Nation and our world are better The Velvelettes are one of only three masters degree in education from places because of her. I am certain all original Motown groups from the Wayne State University and his bach- Leslianne Shedd’s legacy of service will late 1960’s and one of the few girl elor of science degree in industrial edu- be remembered for years to come. groups still performing today. This cation and electronics from Norfolk f group is composed of four women: Flint State University in Norfolk, VA. In THE DEATH OF PANAMANIAN natives Norma Barbee-Fairhurst and 1984 he was made dean of vocational- STATESMAN GABRIEL LEWIS her cousin, Bertha Barbee-McNeal; and technical education at Mott; four years GALINDO two Kalamazoo natives, Mildred Gill- later he was promoted to dean of the Arbor and her sister, Carolyn Gill- School of Business Technology and Vo- ∑ Mr. D’AMATO. Mr. President, I rise Street. They had a number of success- cational Technical Education. From today to call attention to the recent ful hit records, including the top ten July 1993 to July 1994 he served as exec- death of Garbriel Lewis Galindo, a song, ‘‘Needle in a Haystack.’’ All four utive dean for continuing education noted statesman from Panama and women are very active in community and external affairs. Within a year he friend of the United States of America. projects, seeking to better their cities was promoted to his current position Gabriel Lewis is perhaps best known and neighborhoods. as vice president for institutional ad- for his efforts to conclude the Panama Creative Expressions Dance Studio vancement and outreach. Canal Treaty. As Panama’s envoy to has operated under the city of Flint’s Mr. President, all of these people the United States on this issue he Parks and Recreation Department have made significant contributions to worked closely with the Carter admin- since 1990. Under the leadership of Di- their communities. Their accomplish- istration to this end. In the process he rector Sheila Miller-Graham and tap ments deserve the notice they are re- gained the respect of many people in dance instructor Alfred Bruce Bradley, ceiving from the Forum magazine. I our Government. Creative Expressions has competed at congratulate them for being named re- Mr. Lewis continually sought to re- the local and national levels every year cipients of the African-American Pio- store democratic principles to Panama since its inception. The first profes- neer Award.∑ and used the Panamanian-United sional dance troupe from Flint, Cre- f States negotiations regarding the ative Expressions entered its first canal to press Panama’s dictator, Omar dance competition during its very first TRIBUTE TO LESLIANNE SHEDD Torrijos, to move in a more democratic year of existence, making an impres- ∑ Mrs. MURRAY. Mr. President, I rise direction. Mr. Lewis’ hard work was re- sive showing by winning two of the today with great sadness to commemo- warded as Omar Torrijos eventually nine trophies for the Junior Division in rate the life of an outstanding individ- granted more freedom to the media and that region. Creative Expressions con- ual from our State of Washington. political parties in Panama. tinues to represent Flint, and to help Leslianne Shedd, a member of the When Gen. Manuel Noriega rose to its citizens develop their talents, United States Foreign Service Corps power in Panama 2 years after the skills, and confidence levels. and a 1990 graduate of the Henry M. death of Omar Torrijos, he undertook Mr. Mario J. Daniels is the founding Jackson School of International Stud- measures to reverse those democratic director of Mario J. Daniels & Associ- ies at the University of Washington, gains which had been achieved. Gabriel ates, P.C., the first African-American was killed when an Ethiopian Airlines Lewis became an outspoken opponent certified public accounting firm in plane crashed in the Indian Ocean last of Manuel Noriega, a strategy which Flint. A graduate of Flint Northern November. eventually forced him to leave Panama High School and Albion College, Mr. A resident of Washington State since after he unsuccessfully sought Daniels is very active in the United the age of two, Leslianne graduated Noriega’s removal from power. Way, NAACP, United Negro College with honor from Puyallup High School Gabriel Lewis was both pragmatic Fund, and mentoring programs. He also in 1986. According to family and and visionary. He understood the need has served as president of the National friends, Leslianne’s lifelong dream was for a close and productive relationship Association of Black Accountants. to tour the world. To achieve this goal, between the United States and Panama Mr. Michael Shumpert founded she learned four languages, traveled in based on respect, dignity, and shared WOWE radio, the only African-Amer- Europe, Africa, North America, and ideals of democracy. Mr. Lewis fought ican-owned and operated FM radio sta- Thailand, and pursued a career in For- to make this happen. He will be tion in the Flint/Saginaw area, in 1991. eign Service. missed.∑ Mr. Shumpert also is an award-winning Leslianne was traveling from her f sales executive in marketing research post at the United States Embassy in and advertising sales. He also has pro- Addis Ababa, Ethiopia to Nairobi, UNANIMOUS-CONSENT AGREE- duced a documentary film for the Kenya to celebrate Thanksgiving with MENT—NOMINATION OF WILLIAM Michigan Genealogy Society, produced friends when her plane was hijacked DALEY the Miss Black America pageant for and then crashed. A commercial officer Mr. LOTT. Mr. President, as in exec- television, and developed media scripts in the foreign service, she provided as- utive session, I ask unanimous consent for a number of political campaigns. sistance to American companies doing that at 9:30 a.m. on Thursday, January Mr. Gregory Jackson is a highly suc- business in the region. Before working 30, the Senate proceed to executive ses- cessful General Motors dealer and in Ethiopia, she spent 2 years in the sion for consideration of the nomina- owner of several businesses in the Flint Ivory Coast in West Africa as a United tion of William Daley to be Secretary area. He earned an accounting degree States vice consul there. of Commerce. I further ask unanimous from Morris Brown College in Atlanta, It is no surprise that a young woman consent there be 30 minutes of debate GA, one of the historically black col- who touched so many lives around the on the nomination, equally divided be- leges under the United Negro College globe has been described by her junior tween the chairman and the ranking Fund. He holds an M.B.A. in business high English teacher as ‘‘a little ray of member, and immediately following administration and Finance from At- light.’’ Her life provides inspiration to the expiration or yielding back of de- lanta University School of Business. all of us by serving as an example of a bate time, the Senate proceed to a vote Mr. Jackson also is a member of Kappa forward-looking, intellectually curi- on the confirmation of the nomination. Alpha Psi Fraternity, Beta Gamma ous, and selfless individual. I finally ask unanimous consent that Sigma—National Graduate Business My thoughts are with Leslianne’s following the vote on this issue, the Honor Society, and the National Asso- parents Bob and Mickey Shedd, her President be immediately notified of ciation of black M.B.A.’s. brother Darin and sister Corinne, her the Senate’s action and the Senate Dr. Charlie Roberts is the first Afri- friends, and all those touched by her then return to legislative session. can-American to be appointed vice warmth and kindness. Her work and The PRESIDING OFFICER. Without president at Mott Community College. accomplishments remind us all of the objection, it is so ordered. S822 CONGRESSIONAL RECORD — SENATE January 29, 1997 ORDERS FOR THURSDAY, We are moving forward with the ADJOURNMENT UNTIL 9:30 A.M. JANUARY 30, 1997 nominations of the President to his TOMORROW Cabinet. This will be the fourth one Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. If there is no further busi- imous consent that when the Senate that has been confirmed. Of course, committees are meeting and acting on ness to come before the Senate, I now completes its business today, it stand ask the Senate stand in adjournment in adjournment until the hour of 9:30 other confirmation hearings and other under the previous order. a.m. on Thursday, January 30. I further issues. Those will begin to come to the ask unanimous consent that imme- floor of the Senate next week. There being no objection, the Senate, diately following the prayer, the rou- Next week will certainly be a busy at 2:57 p.m., adjourned until Thursday, tine requests through the morning period because we will have the Presi- January 30, 1997, at 9:30 a.m. hour be granted and the Senate then dent’s State of the Union, we will begin proceed to executive session as under debate on the constitutional amend- f the previous order. ment for a balanced budget, and on The PRESIDING OFFICER. Without Thursday we receive the President’s CONFIRMATION objection, it is so ordered. budget for the year. So we will have his f information on that then, and we can Executive nomination confirmed by the Senate January 29, 1997: PROGRAM really begin to proceed with business Mr. LOTT. For the information of all that needs to be acted on this year. DEPARTMENT OF HOUSING AND URBAN Senators, at 9:30 tomorrow morning we There will be a period of morning DEVELOPMENT will have 30 minutes of debate to be fol- business tomorrow for Members to ANDREW M. CUOMO, OF NEW YORK, TO BE SECRETARY OF HOUSING AND URBAN DEVELOPMENT. lowed by a vote on the nomination of make statements, and the Senate may William Daley to be Secretary of Com- consider other legislative or executive The above nomination was approved merce. We should then expect a rollcall matters that can be cleared. So I re- subject to the nominee’s commitment vote around 10 a.m. on Thursday. Fol- mind my colleagues once again, they to respond to requests to appear and lowing that rollcall, there will be no should expect a vote at 10 a.m., and testify before any duly constituted further rollcall votes this week. that will be the final vote of the day. committee of the Senate. January 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E117 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Environment and Public Works FEBRUARY 12 Clean Air, Wetlands, Private Property, and 9:30 a.m. Title IV of Senate Resolution 4, Nuclear Safety Subcommittee Environment and Public Works agreed to by the Senate on February 4, To hold hearings on ozone particulate To hold hearings on the ozone and partic- 1977, calls for establishment of a sys- matter standards proposed by the Envi- ulate matter standards proposed by the tem for a computerized schedule of all ronmental Protection Agency. Environmental Protection Agency. meetings and hearings of Senate com- SD–406 SD–406 mittees, subcommittees, joint commit- Rules and Administration Labor and Human Resources To continue hearings on proposed com- tees, and committees of conference. To hold hearings on the implementation mittee resolutions requesting funds for This title requires all such committees of the Teamwork for Employees and operating expenses for 1997 and 1998. Managers Act (TEAM). to notify the Office of the Senate Daily SR–301 SD–430 Digest—designated by the Rules Com- 10:00 a.m. 10:00 a.m. mittee—of the time, place, and purpose Select on Intelligence Finance of the meetings, when scheduled, and To hold hearings on intelligence matters. To hold hearings on the Administration’s any cancellations or changes in the SH–216 budget and revenue proposals for fiscal meetings as they occur. 2:00 p.m. year 1998. Judiciary SD–215 As an additional procedure along Administrative Oversight and the Courts with the computerization of this infor- Subcommittee FEBRUARY 13 mation, the Office of the Senate Daily To hold hearings on conserving judicial 9:00 a.m. Digest will prepare this information for resources, focusing on the consider- Agriculture, Nutrition, and Forestry printing in the Extensions of Remarks ation of appropriate allocation of To resume hearings on proposals to re- section of the CONGRESSIONAL RECORD judgeships in the United States Court form the Commodity Exchange Act. on Monday and Wednesday of each of Appeals for the Fourth Circuit. SR–332 week. SD–226 10:00 a.m. Finance Meetings scheduled for Thursday, FEBRUARY 6 To hold hearings on the Administration’s January 30, 1997, may be found in the 9:30 a.m. budget for fiscal year 1998, focusing on Daily Digest of today’s RECORD. Energy and Natural Resources Medicare, Medicaid and welfare propos- To hold hearings on S. 210, to amend the als. MEETINGS SCHEDULED Organic Act of Guam, the Revised Or- SD–215 ganic Act of the Virgin Islands, and the 2:00 p.m. Compact of Free Association Act. Environment and Public Works JANUARY 31 SD–366 Transportation and Infrastructure Sub- 9:30 a.m. Rules and Administration committee Environment and Public Works To continue hearings on proposed com- To hold hearings on the implementation To hold hearings on the nomination of mittee resolutions requesting funds for of the Intermodal Surface Transpor- Rodney E. Slater, of Arkansas, to be operating expenses for 1997 and 1998. tation Efficiency Act and transpor- Secretary of Transportation. SR–301 tation trends, infrastructure funding SD–406 Small Business requirements, and transportation’s im- To hold hearings to examine women- pact on the economy. FEBRUARY 4 owned and home-based businesses. SD–406 9:30 a.m. SR–428A Labor and Human Resources 2:30 p.m. FEBRUARY 25 Employment and Training Subcommittee Select on Intelligence 9:00 a.m. To hold oversight hearings on the imple- Closed business meeting, on intelligence Agriculture, Nutrition, and Forestry mentation of the Fair Labor Standards matters. To hold hearings to examine the impact Act (FLSA). SH–219 of estate taxes on farmers. SD–430 SR–332 Rules and Administration FEBRUARY 11 To hold hearings on proposed committee FEBRUARY 26 resolutions requesting funds for operat- 9:00 a.m. 9:00 a.m. ing expenses for 1997 and 1998. Agriculture, Nutrition, and Forestry Agriculture, Nutrition, and Forestry SR–301 To hold hearings on proposals to reform To hold hearings to examine the impact 10:00 a.m. the Commodity Exchange Act. of capital gains taxes on farmers. Armed Services SR–332 SR–332 To hold hearings to examine the Army 9:30 a.m. 9:30 a.m. sexual harassment incidents at Aber- Labor and Human Resources Labor and Human Resources deen Proving Ground and sexual har- To hold hearings on the implementation assment policies within the Depart- of the Health Insurance Portability Business meeting, to consider pending ment of Defense. and Accountability Act. calendar business. SH–216 SD–430 SD–430 Finance Rules and Administration To hold hearings to examine the current Business meeting, to mark up proposed FEBRUARY 27 system of the Airport and Airway legislation authorizing biennial ex- 9:30 a.m. Trust Fund Taxes, including the 10% penditures by standing, select, and spe- Labor and Human Resources ticket tax, and proposals to restructure cial committees of the Senate, and to To hold hearings on proposed legislation this system. consider other pending legislative and authorizing funds for programs of the SD–215 administrative business. Higher Education Act. SR–301 SD–430 FEBRUARY 5 Veterans’ Affairs 9:30 a.m. To hold joint hearings with the House MARCH 5 Energy and Natural Resources Committee on Veterans’ Affairs on the 9:00 a.m. To hold hearings on S. 104, to amend the legislative recommendations of the Agriculture, Nutrition, and Forestry Nuclear Waste Policy Act of 1982. Veterans of Foreign Wars. To hold hearings to examine the Depart- SD–366 345 Cannon Building ment of Agriculture’s business plan

∑ 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. E118 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 1997 and reorganization management pro- MARCH 13 MARCH 20 posals. 9:00 a.m. 9:00 a.m. SR–332 Agriculture, Nutrition, and Forestry Agriculture, Nutrition, and Forestry To resume hearings on proposed legisla- To resume hearings on proposed legisla- MARCH 6 tion authorizing funds for agricultural tion authorizing funds for agricultural 9:30 a.m. research. research. Veterans’ Affairs SR–332 SR–332 To hold joint hearings with the House 9:30 a.m. Committee on Veterans’ Affairs on the MARCH 18 Veterans’ Affairs legislative recommendations of the To hold joint hearings with the House Paralyzed Veterans of America, the 9:00 a.m. Jewish War Veterans, the Retired Offi- Agriculture, Nutrition, and Forestry Committee on Veterans’ Affairs on the cers Association, the Association of the To resume hearings on proposed legisla- legislative recommendations of U.S. Army, the Non Commissioned Of- tion authorizing funds for agricultural AMVETS, the American Ex-Prisoners ficers Association, and the Blinded research. of War, the Veterans of World War I, Veterans Association. SR–332 the Vietnam Veterans of America, and 345 Cannon Building the Military Order of the Purple Heart. MARCH 19 345 Cannon Building MARCH 11 9:30 a.m. 9:00 a.m. Veterans’ Affairs Agriculture, Nutrition, and Forestry To hold joint hearings with the House To hold hearings on proposed legislation Committee on Veterans’ Affairs on the authorizing funds for agricultural re- legislative recommendations of the search. Disabled American Veterans. SR–332 345 Cannon Building Wednesday, January 29, 1997 Daily Digest

HIGHLIGHTS Senate confirmed the nomination of Andrew M. Cuomo to be Secretary of Housing and Urban Development. Senate the remarks of the Majority Leader in today’s Record Chamber Action on page S822.) Routine Proceedings, pages S779–S822 Measures Introduced: Seven bills and three resolu- Committee Meetings tions were introduced, as follows: S. 228–234, and S. Res. 33–35. Page S804 (Committees not listed did not meet) Measures Reported: Reports were made as follows: SOCIAL SECURITY REFORM S. Res. 33, authorizing expenditures by the Com- Committee on the Budget: Committee concluded hear- mittee on Appropriations. ings on proposals for long-term reform of the Social S. Res. 34, authorizing expenditures by the Com- Security system, after receiving testimony from Ed- mittee on Energy and Natural Resources. ward M. Gramlich, University of Michigan, Ann S. Res. 35, authorizing expenditures by the Com- Arbor; Thomas W. Jones, TIAA–CREF, New Ca- mittee on Labor and Human Resources. Page S802 naan, Connecticut; Carolyn L. Weaver, American En- Nomination—Agreement: A unanimous-consent terprise Institute, Alexandria, Virginia; C. Eugene time-agreement was reached providing for the con- Steuerle, Urban Institute, Washington, D.C.; and sideration of the nomination of William M. Daley, Theodore R. Marmor, Yale University, New Haven, of Illinois, to be Secretary of Commerce, on Thurs- Connecticut. day, January 30, 1997, with a vote to occur thereon. NOMINATIONS Page S821 Committee on Commerce, Science, and Transpor- Nomination Confirmed: Senate confirmed the fol- tation:Committee ordered favorably reported the lowing nomination: nomination of William M. Daley, of Illinois, to be By 99 yeas to 9 nays (Vote No. 3 EX), Andrew Secretary of Commerce, and a routine list in the U.S. M. Cuomo, of New York, to be Secretary of Housing Coast Guard. and Urban Development. Pages S779±84 Also, committee concluded hearings on the nomi- Communications: Page S802 nation of Rodney E. Slater, of Arkansas, to be Sec- retary of Transportation, after the nominee, who was Petitions: Pages S802±03 introduced by Senators Warner, Bumpers, and Executive Reports of Committees: Pages S803±04 Hutchinson and Representatives Berry and Hutchin- Statements on Introduced Bills: Pages S804±18 son, testified and answered questions in his own be- half. Additional Cosponsors: Page S818 Authority for Committees: Pages S819±20 ORGANIZATIONAL MEETING Additional Statements: Pages S820±21 Committee on Energy and Natural Resources: Committee ordered favorably reported an original resolution (S. Record Votes: One record vote was taken today. Res. 34) requesting $2,637,966 for operating ex- (Total—3) Page S784 penses for the period from March 1, 1997 through Adjournment: Senate convened at 9:30 a.m. and February 28, 1998, and $2,707,696 for operating ex- adjourned at 2:57 p.m., until 9:30 a.m., on Thurs- penses for the period from March 1, 1998 through day, January 30, 1997. (For Senate’s program, see February 28, 1999. D57 D58 CONGRESSIONAL RECORD — DAILY DIGEST January 29, 1997 Also, committee announced the following sub- ant Secretary of Education for Special Education and committee assignments: Rehabilitative Services; Madeleine Will, Chevy Subcommittee on Energy Research, Development, Produc- Chase, Maryland, former Assistant Secretary of Edu- tion and Regulation: Senators Nickles (Chairman), Do- cation for Special Education and Rehabilitative Serv- menici (Vice Chairman), Craig, Grams, Gorton, ices; Michael Remus, Kansas Board of Education, Campbell, Gordon Smith, Ford, Bingaman, Graham, Topeka, on behalf of the National Association of Wyden, Johnson, and Landrieu. State Directors of Special Education; Elisabeth T. Subcommittee on Forests and Public Land Management: Healey, Pittsburgh School Board, Pittsburgh, Penn- Senators Craig (Chairman), Burns (Vice Chairman), sylvania; Daniel Sullivan, New Hampshire School Domenici, Thomas, Kyl, Gordon Smith, Dorgan, Board, Nashua; Anne Bryant, National School Graham, Wyden, Johnson, and Landrieu. Boards Association, Alexandria, Virginia; David Subcommittee on National Parks, Historic Preservation, Wolk, Rutland City School District, Rutland, Ver- and Recreation: Senators Thomas (Chairman), Camp- mont, on behalf of the American Association of bell (Vice Chairman), Grams, Nickles, Burns, Binga- School Administrators; Stanley S. Herr, University of man, Akaka, Graham, and Landrieu. Maryland, Baltimore; Michael Brown, Hope High Subcommittee on Water and Power: Senators Kyl School, Hope, Arizona, on behalf of the National As- (Chairman), Gordon Smith (Vice Chairman), Gorton, sociation of Secondary School Principals; Marcia Campbell, Craig, Akaka, Ford, Dorgan, and Wyden. Reback, Rhode Island Federation of Teachers, Provi- NOMINATION dence; Robert Chase, National Education Associa- tion, Washington, D.C.; and Gerald Hime, Council Committee on Finance: Committee ordered favorably for Exceptional Children, Reston, Virginia. reported S.J. Res. 5, waiving certain provisions of the Trade Act of 1974 relating to the appointment ORGANIZATIONAL MEETING of the United States Trade Representative. Committee on Small Business: Committee ordered favor- Prior to this action, committee concluded hearings ably reported an original resolution requesting on the nomination of Charlene Barshefsky, of the $1,084,471 for operating expenses for the period District of Columbia, to be United States Trade from March 1, 1997 through February 28, 1998, Representative, after the nominee, who was intro- and $1,112,732 for operating expenses for the period duced by Senators Moseley-Braun and Breaux and from March 1, 1998 through February 28, 1999. Representative Crane, testified and answered ques- Also, committee adopted its rules of procedure for tions in her own behalf. the 105th Congress. NOMINATION GULF WAR ILLNESSES Committee on Foreign Relations: Committee concluded Committee on Veterans’ Affairs: Committee resumed hearings on the nomination of Bill Richardson, of hearings to examine the status of Persian Gulf War New Mexico, to be the Representative of the United veterans’ illnesses, receiving testimony from Gen. H. States to the United Nations with the rank of Am- Norman Schwarzkopf, USA (Ret.); and Bernard D. bassador, and the Representative of the United States Rostker, Special Assistant to the Deputy Secretary of in the Security Council of the United Nations, after Defense for Gulf War Illnesses. the nominee, who was introduced by Senators Do- menici, Hatch, and Bingaman and Representatives INTELLIGENCE Gilman, Hamilton, and Menendez, testified and an- Select Committee on Intelligence: Committee held closed swered questions in his own behalf. hearings on intelligence matters, receiving testimony ORGANIZATIONAL MEETING from officials of the intelligence community. Committee on Governmental Affairs: Committee met Committee will meet again on Wednesday, Feb- and adopted its rules of procedure for the 105th ruary 5. Congress. ORGANIZATIONAL MEETING Committee will meet again tomorrow. Special Committee on Aging: Committee ordered favor- AUTHORIZATION—INDIVIDUALS WITH ably reported an original resolution requesting DISABILITIES EDUCATION $1,133,674 for operating expenses for the period Committee on Labor and Human Resources: Committee from March 1, 1997 through February 28, 1998, concluded hearings on S. 216, authorizing funds for and $1,162,865 for operating expenses for the period fiscal years 1998 through 2002 for programs of the from March 1, 1998 through February 28, 1999. Individuals with Disabilities Education Act, after re- Also, committee adopted its rules of procedure for ceiving testimony from Judith E. Heumann, Assist- the 105th Congress. January 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D59 House of Representatives COMMITTEE MEETINGS FOR THURSDAY, Chamber Action JANUARY 30, 1997 The House was not in session today. The House (Committee meetings are open unless otherwise indicated) will next meet on Tuesday, February 4, 1997. Senate Committee on Armed Services, to hold an organizational Committee Meetings meeting, 11 a.m., SR–222. Committee on the Budget, to hold hearings on the OVERSIGHT—HEALTH THREAT POSED BY consumer price index, 9 a.m., SD–608. Committee on Energy and Natural Resources, to hold hear- TRANSMISSIBLE SPONGIFORM ings on the nomination of Federico Pen˜a, of Colorado, to ENCEPHALOPATHIES be Secretary of Energy, 10 a.m., SD–366. Committee on Government Reform and Oversight: Sub- Committee on Finance, to resume hearings on the final committee on Human Resources and Intergovern- report of the Advisory Commission to Study the mental Relations held an oversight hearing on recent Consumer Price Index; and to consider the nomination of Charlene Barshefsky, of the District of Columbia, to be steps by the FDA and other federal agencies to ad- United States Trade Representative, 10 a.m., SD–215. dress the health threat posed by transmissible Committee on Foreign Relations, to hold an organizational spongiform encephalopathies (TSEs), including so- meeting, 10 a.m., SD–419. called ‘‘Mad Cow Disease.’’ Testimony was heard Committee on Governmental Affairs, to hold an organiza- from the following officials of the Department of tional meeting, 10 a.m., SD–342. Health and Human Services: Michael Friedman, Committee on the Judiciary, business meeting, to consider M.D., Deputy Commissioner, FDA; Lawrence B. pending committee business, 10 a.m., SD–226. Schonberger, M.D., Assistant Director, Public Committee on Rules and Administration, to hold hearings to examine campaign finance reform proposals, including Health, Division of Viral and Rickettsial Diseases, S. 57, and on proposed legislation authorizing funds for National Center for Infectious Diseases, Centers for the Federal Election Commission (FEC), 9:30 a.m., Disease Control and Prevention; and Clarence J. SR–301. Gibbs, Jr., Acting Chief, Laboratory of Central Committee on Indian Affairs, to hold an organizational Nervous System Studies, National Institute of Neu- meeting, 2:30 p.m., SR–485. rological Disorders and Stroke, NIH; Linda Detwiler, NOTICE Chair, TSE Working Group, Animal and Plant Health Inspection Service, USDA; and public wit- For a Listing of Senate Committee Meetings nesses. scheduled ahead, see pages E117–18 in today’s Record. House No Committee meetings are scheduled. D60 CONGRESSIONAL RECORD — DAILY DIGEST January 29, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, January 30 12:30 p.m., Tuesday, February 4

Senate Chamber House Chamber Program for Thursday: Senate will consider the nomi- Program for Tuesday, February 4: The House will nation of William M. Daley, of Illinois, to be Secretary meet in Joint Session with the Senate to receive the Presi- of Commerce. dent’s State of the Union Address.

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