Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION

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, TUESDAY, JANUARY 28, 1997 No. 8 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 TUESDAY, JANUARY 28, 1997

The Senate met at 10 a.m., and was ness until 12:30, with Senators to speak nations this week. The majority leader called to order by the President pro for up to 5 minutes each, with the fol- thanks all Members in advance for tempore [Mr. THURMOND]. lowing exceptions: Senator LOTT or his their cooperation. designee 30 minutes; Senator DASCHLE Mr. President, as we go into morning PRAYER or his designee, 60 minutes. I ask unan- business, I yield to the Senator from The Chaplain, Dr. Lloyd John imous consent that the time previously Iowa, Senator GRASSLEY. Ogilvie, offered the following prayer: allocated to Senator COLLINS be viti- f ated and that Senator BOND have 20 Dear Father, we need You more than MORNING BUSINESS anything You can give us. In Your minutes under his control during the presence we feel Your grace. We are as- morning business period. The PRESIDENT pro tempore. Under sured that we are loved and forgiven. The PRESIDENT pro tempore. With- the previous order, there will now be a You replenish our diminished strength out objection, it is so ordered. period for the transaction of morning Mr. BURNS. At 12:30 the Senate will with a fresh flow of energy and resil- business for not to exceed beyond the recess until 2:15 for the weekly policy iency. The tightly wound springs of hour of 12:30 p.m. with Senators per- conferences to meet. When the Senate tension within us are released and un- mitted to speak therein for not to ex- reconvenes after the conferences, the wind until there is a profound peace in- ceed 5 minutes each. majority leader would expect an addi- Mr. GRASSLEY addressed the Chair. side. We relinquish our worries to You tional period for morning business to The PRESIDENT pro tempore. The and our anxiety drains away. We take accommodate a number of Senators able Senator from Iowa. courage because You have taken hold who would like to speak this afternoon. Mr. GRASSLEY. Thank you, Mr. of us. Now we know that courage is As for the schedule for the remainder President. The Senator from Montana fear that has said its prayers. We of the week, the majority leader under- is on the floor and he had an interest in spread out before You the challenges of stands that the Banking Committee what I am going to speak about. the day ahead and see them in the will be taking action today on the f proper perspective of Your power. We nomination of Andrew Cuomo to be dedicate ourselves to do things Your Secretary of Housing and Urban Devel- FARMERS AND THE ALTERNATIVE way under Your sway. And now, Your opment. It is his hope that the full MINIMUM TAX joy that is so much more than happi- Senate will consider this nomination Mr. GRASSLEY. Mr. President, we ness fills us. We press on to the work of either today or tomorrow. The major- have had a victory—at least a tem- the day with enthusiasm. It’s great to ity leader will notify all colleagues ac- porary victory, but a good victory— be alive. In the name of our Lord and cordingly when that becomes sched- with the IRS. Fifty-seven of us intro- Savior. Amen. uled. duced a bipartisan bill, Senator DOR- f It is also the majority leader’s hope GAN leading for the Democrats, myself that this week the Senate will consider for Republicans. The bill was intro- RECOGNITION OF THE ACTING the nomination of William Daley to be duced to do for farmers what has been MAJORITY LEADER Secretary of Commerce. It is believed the law since 1981, that if deferred sales The PRESIDENT pro tempore. The the Commerce Committee will finish contracts were used, farmers were still acting majority leader is recognized. their work on that nomination tomor- taxed on the year that the money was f row, Wednesday. Therefore the Senate received. may act on Mr. Daley on Wednesday or The IRS made a ruling that for alter- SCHEDULE Thursday of this week. native minimum tax purposes that in- Mr. BURNS. Mr. President, today Once again, Senators should expect come would be taxed the year that the there will be a period for morning busi- rollcall votes on these important nomi- sale was made, not the year that the

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

S693

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S694 CONGRESSIONAL RECORD — SENATE January 28, 1997 money was received. Well, obviously come from such sales for AMT purposes in reporting, must include in AMTI in the year this, if it were to go forward, would the taxable year they received their pay- of the sale both the cash received and the create a tremendous hardship in the ments—not the year of sale. fair market value (or the issue price) of the Earlier today, the IRS issued a Notice, a agricultural community because farm- deferred payment obligation. Otherwise, the copy of which is enclosed, advising those who farmer is using an impermissible method of ers would be taxed on two crops in 1 have not followed the Service’s position how accounting. If the farmer elects not to apply year, rather than the planning that they should report deferred contract com- the installment method to the sale, and re- normally goes on in cash accounting modity sales for AMT purposes on their reports the income in the year of the sale, farming. turns for 1996. Basically, for 1996 tax returns, there is no AMTI adjustment with respect to Common sense and reasonableness taxpayers should make no changes in how the sale. they have been reporting sales—even if con- have prevailed at the IRS. Last night Section 446(e) generally provides that a at about 6:30 I received a telephone call trary to the Service’s position. The Notice also provides guidance about taxpayer that changes its method of ac- from the IRS stating their decision to how to change the method of reporting de- counting must secure the Commissioner’s delay for 1 year the enactment of their ferred contract commodity sales for AMT consent before computing income using the latest rule so that farmers now will be purposes. Taxpayers who follow that guid- new method. In general, taxpayers who wish able to do during the current tax filing ance will receive audit protection with re- to change their method of accounting must system what they have been doing for gard to the AMT issue for all open years un- file Form 3115, Application for Change in Ac- the last 15 years, to just keep on ac- less they are currently under audit for this counting Method, with the Commissioner within the first 180 days of the taxable year counting for their income for tax pur- issue. The way deferred contract commodity in which the taxpayer desires to make the poses the way that it has legally been sales are reported for the AMT is a ‘‘method change, and must pay a user fee (ranging done. of accounting’’ for tax purposes. The law pro- from $500 to $900). Treas. Reg. § 1.446– Then just within the last hour Com- vides that the method of accounting a tax- 1(e)(3)(i). In addition, § 1.446–1(e)(3)(ii) author- missioner Richardson had delivered to payer uses for tax purposes, even if it is not izes the Commissioner to prescribe adminis- me her letter in response to my letter the correct method, cannot be changed with- trative procedures setting forth the limita- of December and also the latest rec- out the prior consent of the Commissioner. tions, terms and conditions necessary to ob- ommendations as far as the regulations The Service will issue automatic consent tain consent to change a method of account- are concerned implementing her deci- procedures for taxpayers to follow to change ing. from the accounting method they currently sion. Automatic change in method of account- use. This change must be made on a taxing: The Service will issue guidance that will The fact of life is, Mr. President, that payer’s federal income tax return for the 1997 allow farmers currently using an impermis- the Internal Revenue Service was tax year. Thus, taxpayers do not need to sible method of accounting for income from aware of 57 Members of this Senate in change how they report deferred contract the sale of farm products under deferred pay- commodity sales until filing their 1997 re- a bipartisan spirit—and maybe her de- ment sales contracts for AMT purposes to cision was because she is an appoint- turns. I hope this information is helpful to you. automatically change to a permissible meth- ment of the President and that it then od of accounting. Under the forthcoming reflects the new attitude at the White Please let me know if you have any questions. guidance, farmers will be allowed to request House of bipartisanship during this Sincerely, the method change by attaching Form 3115 to their timely filed 1997 federal income tax congressional session. MARGARET MILNER RICHARDSON. return (due in 1998). No user fee will be re- Regardless of what brought this PART III—ADMINISTRATIVE, PROCEDURAL, AND quired. about, I am thankful that common MISCELLANEOUS sense and reasonableness have pre- Notice of intent to issue guidance allowing The method change will be effective for vailed. I thank each of my 57 col- farmers to expeditiously change their meth- taxable years beginning after December 31, leagues who have been involved in this od of accounting for deferred payment sales 1996. In addition, the method change will re- issue for their timeliness in helping us contracts in computing alternative min- sult in audit protection for all prior taxable sponsor this legislation, getting it in. imum tax. years with respect to the impermissible method of accounting (i.e., the examining NOTICE 97–13 We will now move forward to change an agent will not propose that a farmer change erroneous IRS ruling that has been Summary: The Internal Revenue Service the impermissible method of accounting for backed up by an erroneous district intends to provide approval for taxpayers en- any prior taxable year) in accordance with court case so that law reflects what gaged in the business of farming to change generally applicable rules. See Rev. Proc. 92– Congress has intended since 1981 when their method of accounting for the income 20, Section 10.12, 1992–1 C.B. 685. Farmers cur- from certain deferred payment sales con- deferred sales contracts were made rently using an impermissible method of ac- tracts for purposes of computing their alter- counting for such sales should continue to legal and, second, when we passed the native minimum tax (AMT). Farmers will be alternative minimum tax legislation in use that method in computing AMT for tax- allowed to change to a permissible method of able years ending prior to January 1, 1997. 1986. accounting for this income, effective for tax- I ask unanimous consent that the able years beginning after December 31, 1996, The automatic method change procedure documents I have referred to be printed by attaching Form 3115 to their 1997 federal will not be available to farmers who have received written notification from an exam- in the RECORD. income tax returns to be filed during 1998. ining agent (e.g., by examination plan, infor- There being no objection, the mate- Farmers who change their method of accounting in accordance with this procedure mation document request, notification of rial was ordered to be printed in the will then receive audit protection with re- proposed adjustments or income tax exam- RECORD, as follows: spect to the use of an impermissible method ination changes) prior to January 28, 1997, DEPARTMENT OF THE TREASURY, of accounting for all taxable years prior to specifically citing as an issue under consid- INTERNAL REVENUE SERVICE, the change, in accordance with generally ap- eration the farmer’s method of accounting Washington, DC, January 28, 1997. plicable rules. for income from sales of farm products under Hon. CHARLES E. GRASSLEY, Background: The Service has received nu- deferred payment sales contracts for AMT U.S. Senate, merous inquiries on the proper treatment, purposes. In addition, the guidance will not Washington DC. for AMT purposes, of income from the sale of apply if the farmer’s method of accounting DEAR SENATOR GRASSLEY: In your Decem- products raised by farmers or other inven- for such income for AMT purposes is an issue ber 31, 1996 letter, you asked me how farmers tory property sold in the ordinary course of under consideration by an appeals office or a could comply with the Internal Revenue the farming business under deferred payment federal court. Service’s position on the treatment of de- sales contracts. A deferred payment sales Drafting information: The principal author ferred contract commodity sales for alter- contract is one where at least one payment of this notice is William A. Jackson of the native minimum tax (AMT) purposes on is to be received after the close of the tax- Office of Assistant Chief Counsel (Income their 1996 federal income tax returns. You able year in which the product is sold. Tax and Accounting). For further informa- also asked that the Service provide guidance Section 56(a)(6) of the Code provides that, tion regarding this notice, contact Jonathan about complying with its position ‘‘before in computing alternative minimum taxable Strum at (202) 622–4960 (not a toll-free call). the traditional farmer tax filing deadline of income (AMTI), income from the disposition March 1, 1997.’’ of property such as farm products is deter- Mr. GRASSLEY. Mr. President, I ask As you and I have discussed, the position of mined without regard to the installment unanimous consent for another 5 min- the Service is that for AMT purposes income method under § 453. Thus, a farmer using the utes on another issue. from deferred contract commodity sales cash method, who sells farm products under must be reported in the year of sale. How- a deferred payment sales contract and does The PRESIDING OFFICER (Mr. ever, some taxpayers have been reporting in- not elect out of the installment method of BURNS). The Senator has that right.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S695 ACCOUNTABILITY AT THE tenants in the Pentagon are ready to allow them to make payments without DEPARTMENT OF DEFENSE throw in the towel on this problem. regard to statutory law and the Con- Mr. GRASSLEY. Mr. President, for They have decided the accounting stitution, as they once did before we my 85 colleagues who have served with problem is just too big and too com- abolished the memorable ‘‘M’’ account me in past Congresses, what I am going plicated to fix. They seem to be saying, slush funds. The ‘‘M’’ accounts were to speak of is nothing new. It is about ‘‘Let’s forget about accounting today; closed by Congress in 1990. the lack of discipline and integrity in we will try to fix it tomorrow.’’ This language, then, in this proposed financial accounting at the Pentagon. The experts at the General Account- draft would subvert the appropriations This lack of integrity and discipline in ing Office are evaluating the meaning process. Every member of the Appro- accounting is the basis for the waste of of this language, and their verdict isn’t priations Committee ought to be con- the taxpayers’ money that we have had in yet. But a preliminary reading tells cerned about this. Each year, that at that institution for a long period of me that this language is bad medicine committee takes the DOD budget and time. for the taxpayers. It’s going to cut carefully segregates the money in But for the nine Republicans and six down on accountability at the Defense many different accounts. The amounts Democrats who are new Members of Department. It would make a bad situ- provided for each account are specified this body, I would ask them to be cog- ation worse. It would fix nothing. The by the law. Under the law, the money nizant of the fact that what I am ad- DOD Inspector General has been keep- must be expended for the purpose for dressing is a crusade that I have been ing a close eye on the problem for a which it was appropriated in the times on for a long period of time to bring ac- long time. allowed. countability to the expenditure of tax- IG audit reports consistently show DOD bureaucrats are thumbing their payers’ money at the Department of that the Department of Defense regu- noses at the appropriations process and Defense. It is especially important for larly violates the laws that this lan- the law. The IG tells us they do it with us Republicans to make sure that we guage would undo. This is like legal- regularity—but at some risk. are accountable for the taxpayers’ izing the crime. Instead of fixing the Well, this language would remove all money at the Defense Department problem, just legalize the crime. The of that risk. It would authorize them where we tend to be somewhat lax, let bureaucrats will be able to relax. The to tear down the account barriers so me say, candidly. We should expect the guillotine hanging over their heads to carefully put up by the Appropriations same sort of accountability that we ex- be accountable is gone. They don’t Committee. If we are going to protect pect of liberals in this body when they have to worry about breaking the law the taxpayers’ money, if we are going spend money through the various do- and getting into trouble. It’s OK. Go to make the Department of Defense ac- mestic departments of Education, ahead and do it. countable, that’s not right. Labor, Health and Human Services and In a nutshell, Mr. President, these The Department of Defense should other departments of State govern- are the shortcomings the language not be authorized to merge appropria- ment that maybe we Republicans ride would sanction: tion accounts downstream at the con- herd on to a greater extent than we do Problem No. 1: The Department of tract level, unless they are first the Defense Department. Defense is unable to quantify and merged upstream by Congress in law. So that subject is a breakdown of dis- measure work progress on the factory If the money is to be pooled at the cipline and integrity in accounting at floor. the Pentagon. When Mr. John Hamre Problem No. 2: If you can’t accu- contract level, then Congress must became Comptroller of the Defense De- rately measure work performance, how make some kind of corresponding ad- partment in 1993, I felt very hopeful. He do you make progress payments? You justment in the way those moneys are made a personal commitment to clean don’t know how much to pay or what appropriated. Otherwise, the appropria- up the books and to get control of the money to use. tions process might become irrelevant money. I really believed that he would Do you use fiscal year 1996 R&D down the road. get the job done. In fact, I have com- funds, or do you use fiscal year 1994 Mr. President, as I close, I want to plimented him on this floor several procurement money? Those are some say that I have already brought this times for making some changes— examples. But they would have much language to the attention of my friend maybe not as fast as I would like to more leeway in making this decision. from Alaska, Senator STEVENS, the dis- have had them made, but making Less accountability. tinguished chairman of the Appropria- changes. That is quite an accomplish- Problem No. 3: If you don’t know how tions Committee. I have found him so ment in that very bureaucratic organi- to measure progress, or how much to many other times so respectful of the zation. pay, or what you are getting, you can’t judgments that have been presented to So I have been working on him, spe- do normal bookkeeping, and so you are him and his cooperation on other com- cifically on the issue of unmatched dis- not as accountable. mittees where he can raise very impor- bursements. And, of course, as I have This is why the Department’s books tant questions. So I don’t have any indicated, I thought we were making are in shambles. When a Department of doubt but what this concerns Senator progress. Well, my confidence in Mr. Defense check goes out the door, STEVENS, and Senator STEVENS will Hamre has been shaken by a piece of chances are it’s in the wrong amount. look into it and find a solution, but not paper that I am going to submit for the It could be an overpayment, an under- let the Defense Department get away RECORD, which is floating around the payment, an erroneous payment, or with their irresponsible draft language Pentagon. I hope Mr. Hamre will reject even a fraudulent payment. I have doc- that would give them an open door to this paper and thus restore my con- umented proof that a number of people doing just about whatever they want to fidence. This piece of paper was have literally stolen millions of dollars do. brought to my attention by a con- through this lax process. I have asked Senator STEVENS to cerned citizen. It is draft bill language. Without accurate bookkeeping, it is urge Mr. Hamre to reconsider this pro- It is still under review, but it has lots impossible to control the money. The posal and find some other way to fix of momentum. This language, if ap- Pentagon check writing machine is the problem. I also ask my friend, John proved by Congress, would signifi- stuck on automatic pilot, and nobody Hamre, to carry out his responsibilities cantly loosen—in other words, going in seems to know how to stop it. under the Chief Financial Officers’ Act the opposite direction of where we This language would lock the check- of 1990, the CFO Act. Under that act, he ought to be going—control over writing machine on autopilot. is supposed to be tightening internal progress payments. The Department of Mr. President, the Pentagon bureau- controls and improving financial ac- Defense pays out about $20 billion a crats want to create a pool of money counting. year in progress payments. So we are down at the business end of the DOD This language would move account- not talking about peanuts; we are talk- pipeline—where money is disbursed. ing in the opposite direction—the ing about big chunks of money. They would do this by breaking down wrong direction. It would loosen inter- The language of this draft legislation the integrity of the appropriation ac- nal controls and set accounting aside tells me that Mr. Hamre and his lieu- counts established in law. That would until some unknown future date.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S696 CONGRESSIONAL RECORD — SENATE January 28, 1997 Mr. President, this draft language with 31 U.S.C. § 1301 is difficult and time con- me, to the IRS and Treasury that this floating around the Defense Depart- suming Furthermore, it is not cost effective legislation will pass in this Congress ment at this point needs close scru- or realistic to require additional government and in effect say to the IRS that your tiny. It really worries me, and it or contractor information or effort to deter- interpretation of the law is wrong. mine the specific chargeable appropriations should worry the taxpayers because while making payments for work-in-process I think the IRS has, to its credit, un- there is going to be less accountability costs and for costs which are essentially a derstood now that to enforce in this of bureaucrats, who are responsible for means of temporary financing for the con- year and put a fair number of farmers spending the money, to the taxpayers tractor. In fact, this additional administra- at risk—asking them to pay taxes on if we would change existing law. tive work to develop the information would income they have not yet received— I ask unanimous consent that the not significantly improve the precision of would be really a travesty of justice. document I referred to earlier be print- the estimate but would further increase the The IRS today has taken the position contractor and taxpayer costs. Currently, ed in the RECORD. that they will allow farmers to file tax There being no objection the mate- unless the specific line item and appropriation are identified to the payment office, returns in 1996 as they have in the past rial was ordered to be printed in the contract financing payments are spread pro- with respect to deferred contract com- RECORD, as follows: rata across the appropriations funding the modity sales. And I commend them for EXCERPT FROM DRAFT BILL contract. During the work-in-process period, taking that position. SEC. . ACCOUNTING FOR CONTRACT FINANCING adequate controls exist to ensure that no ap- I appreciate the cooperation of the PAYMENTS. propriation is charged more than is available IRS and the Treasury Secretary on this Section 2307 of title 10, United States Code, in the appropriation and, furthermore no issue. It is the right thing to do. It is is amended by adding at the end the fol- payment is made without receipt of a proper what the Senator from Iowa and I and government approved authorization to make lowing new subsection (i): others have been advocating they do. ‘‘(i) ACCOUNTING FOR PAYMENTS.—Pay- the payment against the proper contract. ments under this section based upon a con- The problem, however, is that this method is So we have made some incremental tract that is funded by multiple appropria- not in compliance with 31 U.S.C. § 1301. progress today. That ought to be good tions or multiple subdivisions within one ap- The enactment of this bill permit this ac- news for farmers who have been wor- propriation may be paid from any one or counting flexibility when viewed in conjunc- ried about this issue of how the IRS more of the appropriations or subdivisions tion with 31 U.S.C. § 1301. The effect would be will enforce and treat and audit the de- thereof funding the contract. However, prop- to provide a specific statutory exception to ferred contract commodity sales. er accounting adjustments shall be made to the requirements of 31 U.S.C. § 1301 until pay- I just wanted to follow the remarks conform to the requirements of subsection ment is made. (a) of section 1301 of title 31 upon final pay- of the Senator from Iowa to say that I Mr. DORGAN addressed the Chair. am pleased to work with him on it. It ment for the items or services delivered and The PRESIDING OFFICER. The Sen- accepted in performance of the contract.’’. is an example of a bipartisan effort to ator from North Dakota is recognized. SECTIONAL ANALYSIS fix a problem, and we have at least This proposal would authorize the Sec- f gone part of the way to fix this prob- retary of Defense, when making contract fi- FAMILY FARMERS AND THE lem. nancing payments for a contract funded by ALTERNATIVE MINIMUM TAX f multiple appropriations or multiple subdivisions within an appropriation, to charge any Mr. DORGAN. Mr. President, while ORDER OF PROCEDURE one or more of the appropriations or subdivi- the Senator from Iowa is here, I want- Mr. DORGAN. Mr. President, I would sions thereof. The benefit of this section ed to comment on some remarks he like to use 10 minutes of my time, and under 10 U.S.C. § 2307, ‘‘Contract Financing’’ made at the start of his presentation. then I would like to yield 10 minutes of is to the temporary spreading of payments As the Presiding Officer and other the time under my control to the Sen- for work-in-process costs across appropria- Members may know, Senator GRASSLEY ator from South Carolina, Senator tions funding the contract. This legislative and I have cosponsored and introduced relief will permit us the flexibility to exer- HOLLINGS. cise our stewardship over the public moneys last week a piece of legislation dealing The PRESIDING OFFICER. Without more efficiently and effectively. with this current Internal Revenue objection, it is so ordered. This section remedies a long standing and Service problem on the alternative (The remarks of Mr. DORGAN, Mr. on-going problem in the current contract minimum tax that is going to affect a HOLLINGS, and Mr. FORD pertaining to payment process that attempts to assign lot of farmers in our part of the coun- the introduction of Senate Joint Reso- contract financing payments to a specific ap- try. lution 12 are located in today’s RECORD propriation when the process is not capable I agree with the Senator from Iowa of efficiently providing the need informa- under ‘‘Statements on Introduced Bills tion. The Department of Defense (DOD) uses that the news that came out of the In- and Joint Resolutions.’’) the contract financing authority at 10 U.S.C. ternal Revenue Service this morning is Mr. REID addressed the Chair. § 2307, as implemented by Federal Acquisi- indeed good news. The Internal Rev- f tion Regulation Part 32, for many of its con- enue Service, this morning, has indi- tracts. These provisions authorize the dis- cated that it will, in effect, not enforce EXTENSION OF MORNING bursement of funds to a contractor prior to in 1996 a provision that it was intend- BUSINESS the acceptance of goods and services. Con- ing to enforce, which we believe is a Mr. REID. Mr. President, I ask unan- tract financing includes advance, partial misinterpretation of tax law. What IRS imous consent that the morning hour payments under cost reimbursable contracts and progress payments. Pursuant to this au- was intending to do, in effect, on the be extended until I am able to speak thority, contractors receive progress pay- alternative minimum tax was to force for 10 minutes as in morning business. ments from DOD to finance work performed a number of family farmers to pay The PRESIDING OFFICER. Without under DOD contracts. These payments for taxes on income they have not yet re- objection, it is so ordered. work-in-process may be for specific work or ceived. Mr. REID. I thank the Chair. tasks, or for production line setup and equip- We do not believe Congress ever in- (The remarks of Mr. REID pertaining ment or tooling for the entire contract and tended for that kind of enforcement to to the introduction of S.J. Res. 12 are in some cases are not tied to specific work or occur, or for that interpretation of tax located in today’s RECORD under tasks. The contracts are often funded with multiple and different appropriations. law to exist. We think the IRS was ‘‘Statements on Introduced Bills and In order to comply with 31 U.S.C. § 1301, wrong. Joint Resolutions.’’) which requires that appropriations be ap- The Senator from Iowa and I have re- Mr. REID addressed the Chair. plied only for the purpose for which they peatedly contacted the administration. The PRESIDING OFFICER. The Sen- were made, payments based upon the con- I have visited with the Secretary of the ator from Nevada. tractor’s work-in process costs must be iden- Treasury and others to make this case. (The remarks of Mr. REID pertaining tified to specific work or tasks and the re- But, in any event, on a bipartisan to the introduction of S. 206 are located lated appropriation funding the effort. How- basis, as the Senator from Iowa and I in today’s RECORD under ‘‘Statements ever, given that the nature of the cost incurred during the work-in-process period introduced legislation with 54 cospon- on Introduced Bills and Joint Resolu- may be funded by multiple appropriations sors—the Republican leader the Demo- tions.’’) and therefore, cannot be efficiently identi- cratic leader are on the bill—it is clear, Mr. HOLLINGS. Mr. President, I sug- fied to a specific appropriation, compliance or would have been clear, it seems to gest the absence of a quorum.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S697 The PRESIDING OFFICER. The America must resolve ‘‘to hold fast The legislative clerk proceeded to clerk will call the roll. against the forces of violence and divi- call the roll. The bill clerk proceeded to call the sion * * * guard against them, speak Mr. MURKOWSKI. Mr. President, I roll. against them and fight against them.’’ ask unanimous consent that the order Mr. LEAHY. Mr. President, I ask Unfortunately, the President has not for the quorum call be rescinded. unanimous consent that the order for lived up to his own words. The PRESIDING OFFICER (Mr. the quorum call be rescinded. As reported in the Washington Post ASHCROFT). Without objection, it is so The PRESIDING OFFICER (Mr. last week, only 4 months after signing ordered. KYL). Without objection, it is so or- the antiterrorism bill, President Clin- Mr. MURKOWSKI. I thank the Chair. dered. ton made a special exemption in the (The remarks of Mr. MURKOWSKI per- THE PRESIDING OFFICER (Mr. law for Sudan, one of the seven nations taining to the introduction of S. 210 are BENNETT). The Senator from Vermont classified by the Department of State located in today’s RECORD under is recognized. as a state sponsor of terrorism. The ex- ‘‘Statements on Introduced Bills and Mr. LEAHY. I thank the Chair. emption was made specifically to allow Joint Resolutions.’’) (The remarks of Mr. LEAHY per- California-based Occidental Petroleum Mr. MURKOWSKI. I suggest the ab- taining to the introduction of S. 213 are Corporation to negotiate with the Su- sence of a quorum. located in today’s RECORD under danese Government for a stake in a The clerk will call the roll. ‘‘Statements on Introduced Bills and $930 million oil deal. The President The legislative clerk proceeded to Joint Resolutions.’’) made this decision despite the State call the roll. Mr. LEAHY. Mr. President, I see my Department’s finding that Sudan is Mr. HELMS. Mr. President, I ask good friend from Washington State is second only to Iran in its sponsorship unanimous consent that the order for on the floor. I yield the floor. of Islamic extremists engaged in ter- the quorum call be rescinded. Mr. GORTON addressed the Chair. rorism against United States allies in The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- the Middle East and against the United objection, it is so ordered. ator from Washington. States itself. f f Mr. President, I find these actions on JEFFREY ST. JOHN KNEW THE ANTITERRORISM AND EFFECTIVE the part of the President unconscion- MEANING OF AMERICA DEATH PENALTY ACT OF 1996 able, and I trust that most of my colleagues agree. This, unfortunately, is Mr. HELMS. Mr. President, a week or Mr. GORTON. Mr. President, this is only the latest example of the flip-flop- so ago—it was on January 13, 1997, to to express my deep concern over a deci- ping on American foreign policy that be exact—I was among those present at sion President Clinton made last year marked the first term of President what proved to be a delightful memo- concerning the Anti-Terrorism and Ef- Clinton. Yet this particular change of rial service for a gentleman whose life fective Death Penalty Act of 1996, but heart may well be the most dangerous. had demonstrated his understanding of, it has only recently come to light. The United States and our allies have and his fidelity to, both the miracle When President Clinton signed the known for decades that if we give ter- and the meaning of America. His name antiterrorism bill into law on April 24 rorists an inch, they will take a mile. was Jeffrey St. John who had died on of last year he made a promise to the The more concessions we make, the January 3. American people—a promise never to more power we give to the forces of I attended the memorial service not give in to terrorism or to terrorist evil. It appears to me that our Com- because I was a close personal friend of forces. The President vowed to stand mander in Chief engaged in the very Jeffrey St. John—I wish I could claim firm against nations that support ter- practice he condemned in April. to have been, but because I admired so rorism and use violence and bloodshed The American people should not very much his remarkable talent and for political ends. The President was stand for such deception. President his unyielding courage in defending right in his resolve. Clinton has an obligation to every principles that deserve to survive. So As the world’s only superpower, the American ever hurt by terrorism and just about everybody else present that United States must set an example for every American who may be threat- afternoon had known Jeffrey St. John, all nations. We must not allow the ened by terrorism in the future to do and everybody else was equipped with cowards responsibility for such atroc- what he said he would—stand firm. I personal anecdotes that more often ities as the downing of Pan Am Flight truly hope the President will do just than not demonstrated the good humor 103, the bombing of the World Trade that and reverse his exemption of of their departed friend. Center, or the bombing of the Okla- Sudan from the list of nations barred Mrs. St. John, Kathryn is her name, homa City Federal building to gain from doing business with American was there, of course—a charming lady from their actions. firms. who undoubtedly was a great source of That is why Congress included strict Mr. President, I suggest the absence strength to her husband during the provisions in the Anti-Terrorism and of a quorum. years that he so unfailingly stood in Effective Death Penalty Act of 1996 to The PRESIDING OFFICER (Mr. defense of conservative principles. isolate terrorist organizations and KYL). The clerk will call the roll. Mr. President, following this occa- those who support them. Section 321 of The assistant legislative clerk pro- sion, which Mr. St. John would have the law prohibits U.S. businesses from ceeded to call the roll. enormously enjoyed—and, who knows, engaging in any type of financial trans- Mr. BOND. Mr. President, I ask unan- there’s a better than even chance that actions with countries known to sup- imous consent that the order for the he was indeed sitting on a cloud up port international terrorism. This is an quorum call be rescinded. there somewhere—I asked Paul important weapon in our arsenal The PRESIDING OFFICER. Without Weyrich, one of America’s most effec- against terrorism that must be rigor- objection, it is so ordered. tive defenders of conservatism and ously enforced. The Senator from Missouri is recog- freedom, to prepare for me a brief per- Doing business with state sponsors of nized. sonal history of Jeffrey St. John. terrorism provides such rogue nations Mr. BOND. I thank the Chair. Mr. Weyrich readily agreed to do so with links to the outside world and (The remarks of Mr. BOND pertaining despite his own hectic schedule as means for financing their ugly agenda. to the introduction of S. 208 are located president of the Free Congress Founda- Any such financial transaction may in today’s RECORD under ‘‘Statements tion and its myriad of activities. well return in the form of violence on Introduced Bills and Joint Resolu- Mr. President, I ask unanimous con- against the American people, our allies tions.’’) sent that Mr. Weyrich’s review of Mr. or other innocent victims. Mr. BOND. Mr. President, I yield the St. John’s life be printed in the President Clinton purported to sup- floor and suggest the absence of a RECORD. port this policy. In his address to the quorum. There being no objection, the mate- Nation on signing the antiterrorism The PRESIDING OFFICER. The rial was ordered to be printed in the bill, the President announced that clerk will call the roll. RECORD, as follows:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S698 CONGRESSIONAL RECORD — SENATE January 28, 1997 JEFFREY ST. JOHN—JOURNALIST AND economic security of older Americans Think of what that means to women HISTORIAN and small businesses around the coun- and minority-owned businesses. In- (By Paul Weyrich) try. The bill, known as the Family Her- stead of passing a hard-earned and suc- On January 3, 1997, a great American itage Preservation Act, would repeal cessful business on to the next genera- passed away at his home in Randolph, VA. the onerous Federal estate and gift tax, tion, many families have to sell the Jeffrey St. John was a noted author, jour- and the tax on generation-skipping company in order to pay the estate tax. nalist, broadcaster, and historian. He was transfers. Fifteen Senators have joined The upward mobility of such families is one of the first conservative news com- me as cosponsors of this very impor- stopped in its tracks. The proponents mentators aired on national radio and tele- tant initiative. vision; his career included work as business of this tax always speak of the need to correspondent for the Today show, a long- Mr. President, most Americans know hinder ‘‘concentrations of wealth.’’ time news commentator for CBS–TV, CBS the importance of planning ahead for What the tax really hinders is new Radio, and Mutual Broadcasting, and as a retirement. Sometimes that means American success stories. news director for ABC radio. He produced buying a less expensive car, wearing With that in mind, the 1995 White and moderated TV and radio shows for sta- clothes a little longer, or foregoing a House Conference on Small Business tions in Washington, San Francisco, and New vacation or two. But by doing with a identified the estate tax as one of small York. He wrote and narrated Headlines and little less during one’s working years, business’s top concerns. Delegates to History, a daily radio feature translated into people know they can enjoy a better 26 languages and broadcast by the Voice of the conference voted overwhelmingly and more secure life during retirement, to endorse its repeal. America. Over the years, he received two and maybe even leave their children Emmy Awards for his work in television. Obviously, there is a great deal of Mr. St. John was a prolific author and col- and grandchildren a little better off peril to small businesses when they fail umnist. His commentaries were carried in when they are gone. to plan ahead for estate taxes. So many the New York Times, the Wall Street Jour- Savings not only create more per- small business owners try to find legal nal, Chicago Tribune, and Christian Science sonal security, they help create new means of avoiding the tax or preparing opportunities for others, too. Savings Monitor. He was a syndicated columnist for for it, but that, too, comes at a signifi- Copley News Service, and wrote regularly for are really investments that help others cant cost. Some people simply slow the Saturday Review, Barron’s, and Nation’s create new jobs in the community. growth of their businesses to limit Business and other publications. He was the They make our country more competi- their estate tax burden. Of course, that author of eight books. tive. And ultimately they make a citi- One of Jeffrey St. John’s greatest works means less investment in our commu- zen’s retirement more secure by pro- was a trilogy on the formation and adoption nities and fewer jobs created. Others viding a return on the money invested of the Constitution, establishment of the divert money they would have spent on first Congress, and drafting of the Bill of during his or her working years. So how does the Government reward new equipment or new hires to insur- Rights. The trilogy was published during ance policies designed to cover estate 1987–92 by Jameson Books. Former Chief Jus- all of this thrift and careful planning? tice of the Supreme Court, Warren Burger, It imposes a hefty tax on the end result tax costs. Still others spend millions was so impressed with Mr. St. John’s histor- of such activity—up to 55 percent of a on lawyers, accountants, and other ad- ical works that the Chief Justice wrote the person’s estate. The respected liberal visors for estate tax planning purposes. foreword to each of the three volumes. Chief professor of law at the University of But that leaves fewer resources to in- Justice Burger then, as chairman of the Bi- Southern California, Edward J. McCaf- vest in the company, start up new busi- centennial of the United States Constitu- frey, observed that ‘‘polls and practices nesses, hire additional people, or pay tion, distributed the set to every high school better wages. and college library in America. Jeffrey St. show that we like sin taxes, such as on alcohol and cigarettes.’’ ‘‘The estate The inefficiencies surrounding the John used the unique approach of writing tax can best be illustrated by the find- about these crucial historical events from tax,’’ he went on to say, ‘‘is an anti-sin, the viewpoint of a reporter observing the de- or a virtue, tax. It is a tax on work and ings of a 1994 study published in the velopments. savings without consumption, on Seton Hall Law Review. That study His journalistic efforts earned for him nu- thrift, on long-term savings. There is found that compliance costs totaled a merous awards. He received the Benjamin no reason even a liberal populace need whopping $7.5 billion in 1992, a year Franklin National Press Foundation Award support it.’’ when the estate tax raised only $11 bil- for his writings on the Constitution from the lion. U.S. Press Foundation; and the George At one time, the estate tax was required of only the wealthiest Ameri- The estate tax raises only about 1 Washington Medal of Freedom from the percent of the Federal Government’s Freedoms Foundation in Valley Forge for a cans. Now inflation, a nice house, and a radio series on the Life and Legacy of George good insurance policy can push people annual revenue, but it consumes 8 per- Washington. of even modest means into its grip. The cent of each year’s private savings. Mr. St. John covered the Korean War as a estate tax is applied to all of the assets That is about $15 billion sidelined from combat writer and photographer for Pacific owned by an individual at the time of the Nation’s economy. Economists cal- Stars and Stripes and in 1956 was an on-the- death. The tax rate, which starts at 37 culate that if the money paid in estate spot reporter for the Suez crisis. He subse- percent, can quickly rise to a whopping taxes since 1971 had been invested in- quently served as a correspondent at the 55 percent—the highest estate tax rate stead, total savings in 1991 would have United Nations and at the White House dur- been $399 billion higher, the economy ing the Eisenhower administration. In 1966, in the world. he was the Conservative Party candidate for As detrimental as the tax is for cou- would have been $46 billion larger, and Congress for the seat vacated for New York ples, it is even more harmful to small we would have 262,000 more jobs. Obvi- Mayor John Lindsay. businesses, including those owned by ously, the income and payroll taxes Jeffrey St. John loved his country. He women and minorities. The tax is im- that would have been paid on these proudly served in the Marine Corps. He cher- posed on a family business when it is gains would have topped the amount ished our Constitution and other documents least able to afford the payment—upon collected by the Government in estate of our Founding Fathers. His life and jour- the death of the person with the great- taxes. nalistic efforts provide unique documenta- There have been nine attempts to re- tion of high quality for the preservation of est practical and institutional knowl- democracy. America has lost a true patriot edge of that business’ operations. It form the estate tax during the last 50 and a journalistic giant. should come as no surprise then that a years. Few would contend that it has Mr. HELMS. I thank the Chair. 1993 study by Prince and Associates—a been made any fairer or more efficient. I yield the floor. Stratford, CT, research and consulting The only thing that has really changed Mr. KYL addressed the Chair. firm—found that 9 out of 10 family is that lobbyists and estate planners The PRESIDING OFFICER. The Sen- businesses that failed within 3 years of have gotten a little wealthier. Prob- ator from Arizona is recognized. the principal owner’s death attributed ably the best thing we could do is re- f their companies’ demise to trouble peal the estate tax altogether. That is paying estate taxes; 6 out of 10 family what I am proposing in the Family FAMILY HERITAGE owned businesses fail to make it to the Heritage Preservation Act. PRESERVATION ACT second generation; 9 out of 10 never Mr. President, the National Commis- Mr. KYL. Mr. President, last week, I make it to the third generation. The sion on Economic Growth and Tax Re- introduced legislation to enhance the estate tax is a major reason why. form, which studied ways to make the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S699 Tax Code simpler, looked at the estate appreciation for each other never di- My thoughts and prayers go out to tax during the course of its delibera- minished. his wife Niki and his three daughters tions just over a year ago. The Com- Throughout his entire life, Paul Ashley, Katina, and Molly. mission concluded that ‘‘it makes little Tsongas built on the strong belief in Mr. President, I yield the floor. sense and is patently unfair to impose public service that he learned while a f extra taxes on people who choose to Peace Corps volunteer in Ethiopia and RECESS pass their assets on to their children country director in the West Indies. and grandchildren instead of spending Whether it was in his hometown of The PRESIDING OFFICER. Under them lavishly on themselves.’’ It went Lowell, MA, where he served as a city the previous order, the hour of 12:30 on to endorse repeal of the estate tax. councilor; or as a one-term Senator, having arrived, the Senate will stand I invite my colleagues to cosponsor who pushed through what President in recess until the hour of 2:15 p.m. the Family Heritage Preservation Act. Carter called the most important con- Thereupon, the Senate, at 12:30 p.m., servation legislation of the century, recessed until 2:15 p.m.; whereupon, the f the Alaska Lands Act of 1980; or even Senate reassembled when called to SENATOR PAUL TSONGAS as a Presidential candidate and later order by the Presiding Officer (Mr. ENZI). Mr. BINGAMAN. Mr. President, with cochairman of the Concord Coalition, preaching the gospel of a balanced The PRESIDING OFFICER. The Sen- many of my colleagues, I traveled to budget, Paul Tsongas always had the ator from Virginia is recognized. Lowell, MA, last Thursday for the fu- best interests of his fellow citizens in neral of our friend, Paul Tsongas. He f mind. ORDER OF PROCEDURE died at age 55. His battles were many, In all the time I knew him, Paul and so were his victories. His grace and Tsongas never wavered from the firmly Mr. WARNER. The distinguished ma- courage will stand for many of us as held beliefs and principles that guided jority leader is approaching the Cham- beacons in our own lives. his public and private life. What is ber at this moment, and I ask the in- Paul befriended me when I was run- more, Paul was never afraid to speak dulgence of my colleagues to await his ning for the Senate. His desire to spend his mind or voice an opinion, no matter momentary arrival. He is going to more time with his family caused him how controversial or unpopular. make a brief statement, so I am in- to retire at the close of his first term The courage was never more evident formed, following which either the ma- here, and our Senate days overlapped than in his hard fought battle to con- jority leader or the Senator from Vir- by only a couple of years. Still, he was quer the health problems that plagued ginia will ask unanimous consent that an influence on my life, and certainly him for more than a decade and even- we proceed to a period of morning busi- on my career. tually took his life. When Paul was di- ness wherein Senators can speak for There is no disagreement that Paul agnosed with cancer in 1983, he gave up not to exceed 10 minutes. was one of the outstanding sons of what was then a promising political ca- I see him right here. Mr. President, I Massachusetts. The affection for him reer in the U.S. Senate to undergo rad- yield the floor. and grief over his death which we all ical treatment and rehabilitation. The PRESIDING OFFICER. The ma- felt at the services are the kinds of After his amazing recovery, Paul jority leader. emotions reserved for one of the fam- stayed close to his family arguing that Mr. LOTT. Mr. President, I thank the ily. The people of Massachusetts reno man ever died wishing he’d spent Senator from Virginia for being here, spected him, and valued what he stood more time with his business. Johnny-on-the-spot and ready to pro- for. We all did. But the pull of the arena was too ceed with statements. I wish to say When he served in the Senate, one of strong for Paul Tsongas and after being again how much we appreciate the the items in his office was a framed cleared by doctors to resume his polit- great work he did as chairman of the quotation from one of John Adams’ ical career he began what most observ- Rules Committee in the inauguration. many letters to his wife, Abigail. The ers termed a futile campaign to unseat It was the best I have seen. I got very Massachusetts College of Art had pro- George Bush. excited at one point; I thought the Sen- duced it in January 1980. I had admired But, what he lacked in fiery oratory ator from Virginia was going to take it on visits to Paul’s office and when he made up for with a commonsense the oath of office. But I think he Paul left the Senate, he sent it to me, agenda that appealed to Democrats should be commended along with his with a handwritten note. I treasure across the country. While Paul failed friend and colleague, the ranking mem- them both, and the feeling behind John to gain the Democratic nomination he ber, Senator FORD. It was an excellent Adams’ words: never lost his dignity or the trademark effort and everybody was very blessed. dry wit that always characterized him. I must study politics and war that my sons Mr. WARNER. Mr. President, I thank Teddy Roosevelt once said that of my distinguished leader. Coinciden- may have liberty to study mathematics and public service ‘‘It is not the critic that philosophy * * * in order to give their chil- tally, I am going to give remarks dren a right to study painting, poetry, and counts.*** The credit belongs to the thanking so many who made it possible music * * * May 12, 1780. man who is actually in the arena; and who contributed of their time and whose face is marked by dust and I believe Paul Tsongas took this mes- wisdom to make it a success and re- sweat and blood; who strives valiantly; flect credit upon the Congress of the sage to heart, and that it guided much who errs and comes short again and of what he did. The country is fortu- United States, the Office of the Presi- again; who knows the great enthusiasm dency and, indeed, the Federal judici- nate to have had such service from and great devotions, and spends him- such a man. ary. I thank the leader. self in a worthy cause, who at the best, Mr. LOTT. I thank the Senator. f knows in the end the triumph of high achievement; and who at the worst, if f TRIBUTE TO SENATOR PAUL he fails, at least fails while daring MORNING BUSINESS TSONGAS greatly; so that his place shall never be Mr. LOTT. Mr. President, I ask unan- Mr. DODD. Mr. President, it is with a with those cold and timid souls who imous consent there now be a period great sense of sadness that I rise today know neither victory nor defeat.’’ for the transaction of morning business to pay tribute to a man who epitomized Paul Tsongas knew well both the with Senators permitted to speak for personal and political courage and a joys of victory and the anguish of de- up to 10 minutes each. fervent commitment to public serv- feat. No matter what adversity befell The PRESIDING OFFICER. Without ice—Senator Paul Tsongas. him, be it personal or political, he objection, it is so ordered. Paul and I both came to Congress in never paused from his tireless efforts f 1974, as part of the so-called Watergate to improve the world around him. For class and we were together in the Sen- all those in the Senate and throughout ORDER FOR RECOGNITION OF ate from 1981 to 1984. In all that time, the country who valued his wise coun- SENATORS THOMPSON AND GLENN while we didn’t always see eye to eye sel and commitment to public service Mr. LOTT. Mr. President, I ask unan- on every issue, our deep friendship and he will be sorely missed. imous consent that at 4 p.m. today,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S700 CONGRESSIONAL RECORD — SENATE January 28, 1997 Senator THOMPSON be recognized to Mr. LOTT. We did not factor that Fathers and reflected in both article II speak for up to 20 minutes, to be fol- into our thinking, but we would like to and the 20th amendment of the Con- lowed by Senator GLENN for up to 20 do that tomorrow if we could, I believe. stitution of the United States. minutes. Do we need a recorded vote on that? ARTICLE II, SECTION 1 The PRESIDING OFFICER. Without Mr. WARNER. Certainly this Senator * * * Each State shall appoint, in such objection, it is so ordered. would not so desire. Manner as the Legislature thereof may di- Mr. LOTT. Mr. President, I note that Mr. LOTT. Let us check and see what rect, a Number of Electors, equal to the this is the chairman, in the case of the precedents are on whether or not a whole Number of Senators and Representa- recorded vote is necessary. I know we tives to which the State may be entitled in Senator THOMPSON, and the ranking the Congress: but no Senator or Representa- Democrat, in the case of Senator have come up with a very strong nomi- tive, or Person holding an Office of Trust or GLENN, of the Governmental Affairs nee—— Profit under the United States, shall be ap- Committee. These members have been Mr. WARNER. Mr. Hantman. pointed an Elector. charged with leadership of the Govern- Mr. LOTT. Which has been approved The Electors Shall meet in their respective mental Affairs Committee, which will unanimously by the Rules Committee. States, and vote by Ballot for two Persons, We would like to formally complete his of whom one at least shall not be an Inhab- be looking into questions of possible itant of the Same State with themselves. violations of campaign finance laws. confirmation by the full Senate. We And they shall make a List of all the Per- They will set out, I am sure, here this will check on when we might do that. sons voted for, and of the Number of Votes afternoon at this designated hour how We could do that tomorrow, but we for each; which List they shall sign and cer- they intend to proceed and give us might be affected by whether a re- tify, and transmit sealed to the Seat of the some idea of what timeframe might be corded vote will be in order. We will Government of the United States, directed to involved in that. So I know all Sen- check into it and get back to the Sen- the President of the Senate. The President of ator and notify all Senators later on the Senate shall, in the Presence of the Sen- ators will want to watch and listen. I ate and House of Representatives, open all think this will be a very important and today. the Certificates and the Votes shall then be a very interesting presentation. Mr. WARNER. I thank the majority counted. The Person having the greatest leader. I, too, thank him for his par- Number of Votes shall be the President, * * * f ticipation in the selection of the Archi- Before he enter on the Execution of his Of- fice, he shall take the following Oath or Af- SENATE SCHEDULE tect of the U.S. Capitol. Mr. President, I would like to pro- firmation:—‘‘I do solemnly swear (or affirm) Mr. LOTT. Mr. President, I do want ceed as if in morning business for the that I will faithfully execute the Office of to announce at this point also for the President of the United States, and will to stipulated period of not to exceed 10 the best of my Ability, preserve, protect and information of all Senators, there will minutes. be no recorded votes for the remainder defend the Constitution of the United f States.’’ of the day. There will be opportunity AMENDMENT 20 for Members to attend committee hear- THE 1997 INAUGURAL CEREMONIES Section 1. The terms of the President and ings, confirmation hearings and begin Mr. WARNER. Mr. President, on Vice President shall end at noon on the 20th to have hearings on legislation, but Monday, January 20, the U.S. Congress, day of January, and the terms of Senators there will be no recorded votes this through the auspices of the Joint Con- and Representatives at noon on the 3rd day afternoon. gressional Committee on Inaugural of January, of the years in which such terms It is our hope that we will be able to Ceremonies, hosted the 53d Inaugura- would have ended if this article had not been have debate this afternoon on the tion of the President and Vice Presi- ratified; and the terms of their successors shall then begin. nominee to be head of the Department dent of the United States. of Housing and Urban Development, In addition to the senior Senator Mr. President, the objective of the Mr. Cuomo. We have not been able to from Virginia, who served as Chair- Joint Congressional Committee on In- get a time worked out on that, an man, the members of the committee augural Ceremonies was to ensure that the swearing-in ceremony was con- agreement where we would be able to included: Senator WENDELL H. FORD, ducted in a manner reflecting dignity have a vote in the morning, but we Senate Majority Leader TRENT LOTT, would like to be able to get the debate Speaker of the House of Representa- on the Office of the President, the Con- gress, and the U.S. Supreme Court—the done this afternoon. So any Senators tives NEWT GINGRICH, House Minority three coequal branches of our Govern- who would like to speak on that may Leader RICHARD GEPHARDT, and House ment. want to do that, and then maybe we Majority Leader RICHARD ARMEY. To achieve this end, Congressional can complete it in the morning, hope- With over one-quarter million people staff, military personnel, Executive fully get a vote sometime early in the gathered on the west front of the U.S. Branch employees, and volunteers morning between perhaps 9:30 and 10. Capitol and the Mall, and millions worked for more than 6 months to plan We have run into a couple little more watching on television and listen- and executive this ceremony inau- bumps in the road. We may not be able ing on radio—throughout the United gurating the President and Vice Presi- to get that agreement worked out, but States and around the world—William dent. we are still working on it. We also ex- Jefferson Clinton reaffirmed the oath Viewing the ceremonies from the pect to be able to vote on Thursday of office as the 42d President, and AL- Capitol grounds or on television, it is morning then, probably again between BERT GORE, Jr. reaffirmed the oath of difficult, if not impossible, to appre- 9:30 and 10 o’clock, on Mr. Daley to be office as the 45th Vice President of the ciate all the planning and effort that the Secretary of Commerce. United States. goes into an inaugural swearing-in So we will definitely have one vote This ceremony—at which the Presi- ceremony and the luncheon that fol- on Thursday, and we may have a vote dent and Vice President, standing be- lows. on Wednesday on the other nomina- fore the people’s elected representa- Every possible detail from the pre- tion. We will let Senators know later tives, are sworn to execute the will of cise words used to introduce the Presi- in the day if that is worked out. With the people as expressed by Congress—is dent and his escorts to the platform to that, Mr. President, I would be glad to central to America’s governance, mak- the location of television cameras had yield the floor to the Senator from Vir- ing the United States, the oldest, con- to be considered, reviewed and agreed ginia. tinuous, constitutional democratic re- to by representatives from the Con- Mr. WARNER. Mr. President, might I public in the World. gress, the Office of the President, the ask the leader to address one other The ceremony has grown by tradition media, and numerous security organi- scheduled vote this week. The majority and precedent since George Washington zations. leader, as a member of the Rules Com- first took the constitutionally pre- Particular commendation goes to the mittee, is aware the committee voted scribed oath of office as the Nation’s outstanding program participants in the affirmative on the new Architect first President. whose lasting contributions of prayers, of the Capitol. At some point the Sen- It commemorates the peaceful tran- songs and poetry made this such a ate will turn its attention to a vote. It sition of power and the continuity of memorable, historic day in the con- is historic. leadership conceived by our Founding tinuing life of America.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S701 To put the many thousands who special recognition for their astute and bert, Ben Wimberly, and Matthew came to the Capitol in a proper spirit, sensitive planning and execution of Evans. the morning began with a sing-along of every luncheon detail. Senate Sergeant at Arms: Greg patriotic music led by the U.S. Marine Beginning 100 years ago, with the in- Casey, Sergeant at Arms; Patty Band. So far as we can determine, this auguration of William McKinley in NcNally, and Loretta Symms. was a first. 1897, Congress has hosted a luncheon House Sergeant at Arms: Bill The sing-along was followed by musi- for the President and Vice President. Livingood, Sergeant at Arms; Jim cal presentations by the choir from the This year our luncheon theme was the Varey, and Tom Keating. College of William and Mary from Wil- inauguration of John Adams and liamsburg, VA, and the choir from Thomas Jefferson in 1797. Secretary of the Senate: Gary Sisco, Hampton University from Hampton, The menu for the luncheon was based Secretary; and Jon Lynn Kerchner. VA. on foods Adams and Jefferson might Senate Historian: Dick Baker, Histo- The Rev. Billy Graham and the Rev. have enjoyed in their time, and the me- rian; and Don Ritchie. Gardner C. Taylor offered prayers. mento provided each guest was a mag- Senate Curator: Diane Skvarla. Jessye Norman, the Children of the nifier glass similar to ones used in that Congressional Media Galleries: Larry Gospel Mass from the Washington Per- era. Janezich, Senate Radio-TV Gallery; forming Arts Society, the Immanuel As the chairman of the Joint Con- Bob Peterson, Senate Press Gallery; Baptist Church Choir and Orchestra of gressional Committee on Inaugural Maurice Johnson and Jeff Kent, Senate Little Rock, Santita Jackson, and the Ceremonies, and on behalf of the com- Press Photo Gallery; Jim Talbert, Sen- Resurrection Choir lifted our spirits mittee and the entire Congress, the ate Periodical Gallery; Tina Tate, with song. The scholar Miller Williams senior Senator from Virginia extends a House Radio-TV Gallery; Thayer presented an original poem written grateful thanks to all who helped make Illsley, House Press Gallery; and David specifically for this occasion. this historic swearing-in ceremony pos- Holmes, House Periodical Gallery. And for the first time, which I find sible, including: astonishing, the Pledge of Allegiance The staff of the Joint Committee on Senate Recording and Photographic was recited at the inaugural swearing- Inaugural Ceremonies: Susan Aheron Studio: Jim Granhe, Director; and in ceremony. Magill, executive director; John Cham- Steve Benza, Senate Photographer. Eagle Scout David Morales, a junior bers, deputy director; Jack Hoggard, Senate Telecommunications: Duane at James Madison High School in Vi- Bobbie Kilberg, M.L. Faunce, Robert Ravenberg, Director. enna, VA, was selected to lead the Paxton, Amelia Fields, Janel Ellison, Television Pool: Bill Headline, CNN; Pledge. His performance was a tribute Eric Ruff, Ned Monroe, John Campbell, Margie Lehrman, NBC; and David to the scouting movement and to the Bill Sweeney, Eric Peterson, and Jen- Futrowsky. youth of our great Nation. nifer Joy Wilson. Attending Physician: Adm. John F. The Architect of the Capitol was The staff of the Senate Committee on Eisold, M.D.; and Robert J. Burg. tasked with the substantial logistical Rules and Administration: Grayson responsibilities of building the plat- Winterling, staff director; Kennie Gill, Supreme Court of the United States: form, arranging the seating, installing Chris Shunk, Bruce Kasold, Ginny Jim Duff, Administrative Assistant to security fences, and maintaining the Sandahl, and Sherry Little. the Chief Justice; Venessa Yarnall, grounds. The representatives of Joint Congres- Sharon DuBose, Jackie Johnson, Julia The Capitol Police, the U.S. Secret sional Committee Members: Eileen A. Radcliff, and Dale E. Bosley. Service, the Metropolitan Police De- Mandell, Doriene Steeves—Senator Government Printing Office: Charlie partment, and the National Park Serv- WARNER; Allison Berger—Senator Cook, Jerry Hammond, and John Sapp. ice had to consider every movement of FORD; Susan Wells, Julie Morrison, Department of the Interior, U.S. the President and Vice President, how Hardy Lott—Senator LOTT; Martha Park Service: Stan Lock, Deputy Di- to afford security and, at the same Morrison—Speaker GINGRICH; Sharon rector; Maj. J.J. McLaughlin, Park Po- time, provide the viewing public and Daniels, Karen Brooke—Representative lice; and Jim Novak, National Park other participants maximum oppor- GEPHARDT; and Leah Levy, Representa- Service, White House Liaison. tunity to view their national leaders. tive ARMEY. U.S. Secret Service: Eljay B. Bowron, Everyone involved in carrying out The Armed Forces Inaugural Com- Director; Bill Pickle, Katherine this enormous task can take great mittee: Chaired by Maj. Gen. Tom Crowly, Rachel Klay, Bob Campbell, pride in the high degree of profes- Foley, Commander, Military District and Patrick Sullivan. sionalism with which they performed of Washington, the Armed Forces Inau- their duties. gural Committee was responsible for White House Liaison: Tim Keating. The timing of all aspects of the cere- more than 10,000 military troops who Presidential Inaugural Committee: mony, beginning with the departure of provided invaluable manpower to carry Ann Jordan and Terry McAuliffe, Co- the traditional congressional escort out the day-long inaugural festivities. Chair Persons; Harold Ickes, Harry committee going to the White House, General Foley was assisted by Tom Thomason, Tom Baer, Page Reefes, meeting the President and bringing Groppel, Military District of Wash- Jason McIntosh, Debbie Wilhite, An- him to the Capitol, and ending with the ington, who has directed the Armed drew Ballard, and Bob Bean. President’s departure from the Capitol Forces Inaugural Committee in six pre- Finally, the hundreds of volunteers following lunch required intense co- vious inaugural ceremonies. who handled the tough, sensitive prob- operation and coordination between In addition, other key military per- lem of distributing many invitations, the Office of the President and the Con- sonnel included Maj. Gen. Robert F. who served as ushers and escorts, and gress. Both were given in full measure Foley, Lt. Col. Craig Benedict, Sgt. especially the Boy Scouts and Girl on this challenge and all others. Maj. Boyd Sarratt, Maj. Don Holmes, Scouts who greeted each guest as they A very special commendation goes to USMC, and Maj. Dave Lapan, USMC. arrived on the Capitol Grounds and dis- Terry McAuliffe and Ann Jordan, the U.S. Capitol Police: Chief Gary tributed copies of the ceremony’s pro- co-chairmen of the President’s Inau- Abrecht, Deputy Chief Jim Rohan, As- gram. gural Committee. Their directions sistant Chief Bobby Howe, Capt. Mi- All joined in putting forward the were well and carefully carried out by chael Preloh, Capt. Greg Parman, very best of themselves, the Congress, Tim Keating. Diane Marie Schmidt, Lt. Connors, the Nation’s Capital, and our country. The traditional congressional lunch- John Caulfield, and Sgt. Dan Nichols. For this the Congress expresses its eon honoring the President and Mrs. Architect of the Capitol: William En- heartfelt thanks for a job well done. Clinton, and the Vice President and sign, Acting Architect of the Capitol; Mrs. GORE—from the brief speeches to Alan Hantman, Architect of the Cap- I thank the Chair, and I yield the the beggars pudding—was judged a suc- itol Designee; Jim Ellison, Bruce Ar- floor. cess. Grayson Winterling, Ginny thur, Roberto Miranda, Jim Wells, Dan The PRESIDING OFFICER. Without Sandahl, and Dot Svendsen deserve Hanlon, Stuart Pregnall, Peggy Lam- objection, it is so ordered.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S702 CONGRESSIONAL RECORD — SENATE January 28, 1997 Mr. JEFFORDS. Mr. President, I rise age 19 percent of that income on en- was an exaggeration, but it is not. I today to introduce two bills. The first ergy bills, and families with children have visited with these families. Our bill is the National Beverage Container living on Aid to Families With Depend- people somehow figure out how to pay Reuse and Recycling Act of 1997. ent Children devote almost 25 percent for their heat, but then they don’t have The PRESIDING OFFICER. The Sen- of their benefits to energy bills. enough money to buy food or they ator from Vermont is recognized. Although many State regulations don’t have enough money to buy pre- Mr. JEFFORDS. I thank the Chair. prohibit utilities from terminating scription drugs that they need. This is (The remarks of Mr. JEFFORDS per- service for nonpayment during the win- a particular problem with the elderly. taining to the introduction of S. 215 are ter, households that rely on home heat- Mr. President, we are going to run located in today’s RECORD under ing oil, propane, and wood do not have out of assistance. We are going to have ‘‘Statements on Introduced Bills and this same safety net. These households a dire situation in Minnesota. This is Joint Resolutions.’’) must pay for services up front or face no melodrama on my part. It is time Mr. JEFFORDS. The second bill I fuel cut offs. With the prolonged spike this emergency money be released. will be introducing today with Senator in fuel prices, additional Federal funds Almost every day I am on the phone FRIST. This bill is IDEA. Then, after are needed to prevent many families talking to the White House, talking to that, I will briefly talk on low-income from having to face life threatening Health and Human Services, the Office fuel assistance and put in the RECORD a cold this winter. of Management and Budget, and I don’t letter which myself and 49 Senators Mr. President, freezing temperatures speak on the floor of the Senate today have participated in. and high fuel prices are a recipe for dis- to point the finger, because I believe For now, I will go ahead and discuss aster for low-income Americans. Forty- that in the next few days—the sooner and send to the desk the bill IDEA, for eight Senators from both parties are the better—the White House will re- introduction. urging President Clinton to act quickly lease this money. (The remarks of Mr. JEFFORDS and so that low-income Americans do not Last year, I went to the President— Mr. FRIST pertaining to the introduc- have to choose between heating and other Senators joined: Senator KEN- tion of S. 216 are located in today’s eating this winter. NEDY, Senator JEFFORDS, and others— RECORD under ‘‘Statements on Intro- Mr. President, I yield the floor for and just made the request face to face. duced Bills and Joint Resolutions.’’) others who desire to speak on this im- I said, ‘‘Mr. President, I don’t want f portant issue. people to go cold in my State.’’ Mr. WELLSTONE addressed the This is not an exaggeration. I am PRIVILEGE OF THE FLOOR—S. 216 Chair. sure that this money will be released, Mr. JEFFORDS. Mr. President, I ask The PRESIDING OFFICER. The Sen- but today on the floor of the Senate, unanimous consent Jim Downing, a ator from Minnesota. my appeal to the White House is: legislative fellow in my office, be Mr. WELLSTONE. I thank the Chair. Please, make the decision. Please, granted the privilege of the floor dur- Mr. President, I always appreciate make the decision today. Please re- ing consideration of the IDEA legisla- working with the Senator from lease the funding. Time is not neutral. tion, when it occurs. Vermont and the Senator from Massa- Time is not on our side. It doesn’t do The PRESIDING OFFICER. Without chusetts. We have been on the floor be- any good to get the funding in April. objection, it is so ordered. fore talking about low-income energy We need this assistance for vulnerable f assistance, and we really have to be on citizens in our cold-weather States, the floor today speaking about this. RELEASE EMERGENCY LIHEAP and we need it now. Sometimes we talk about these FUNDS Mr. President, I yield the floor. issues, and we just talk. It may not be Mr. KENNEDY addressed the Chair. Mr. JEFFORDS. Mr. President, last connected to people’s lives. But what The PRESIDING OFFICER. The Sen- Thursday 48 Senators representing the we say today on the floor of the U.S. ator from Massachusetts. Northeast-Midwest Senate Coalition, Senate is connected to people’s lives in Mr. KENNEDY. Mr. President, I in- which I chair with Senator MOYNIHAN, many of our States. tend to speak to the Senate about this my colleague from Vermont Senator It is between 8 and 15 degrees below same subject that my friend, Senator LEAHY, and Senators from other States zero in most of Minnesota today. It WELLSTONE, spoke to. I think all of us hard hit by skyrocketing heating might get to zero this daytime. have understood his strong leadership prices and cold weather, sent a letter Mr. President, we have had a brutal on this issue a year ago or 2 years ago to President Clinton asking him to re- winter in our State and, in addition, as and before he was elected. Now he is lease $300 million in emergency low in- the Senator from Vermont mentioned, again battling away on the same issue come home energy assistance funds natural gas prices are up 60 percent with the same powerful voice, and I [LIHEAP]. from last year’s prices, heating oil is join in expressing strong appreciation The 1997 Omnibus Appropriations Act up 40 percent over last year, and the for all of his leadership. allows the President to release up to cost of propane is 60 percent higher f $420 million in LIHEAP emergency than last year. funds. In the Northeast and Midwest, Our State is colder than it was last IDEA the price of home heating oil has year. It costs much more to heat a Mr. KENNEDY. Mr. President, before jumped over 25 percent from last year, home. These oil prices have sky- speaking on the issue of LIHEAP, I while natural gas and propane prices in rocketed, and this means we have a cri- want to thank the chairman of our all cold weather States are signifi- sis, all in capital letters. Human Resources Committee, Chair- cantly higher. The Reverend Dr. Rob- Mr. President, the Governor, Gov- man JEFFORDS, and also the Senator ert E. Martin of Newport, VT recently ernor Arne Carlson, has used $9 million from Tennessee, Senator FRIST, for in- wrote me that the propane bill of the of the State’s fund for additional as- troducing the IDEA legislation today Lowell Congregational Church has sistance, but we have in fiscal year 1997 and to indicate this is one of the prime risen 52 percent over last year. Any dis- additional money, several hundreds of areas of priority for the Human Re- tribution of emergency LIHEAP funds millions of dollars, for emergency en- sources Committee. must take into account this rise in fuel ergy assistance. It is an emergency. This issue, in terms of helping and prices, which in Vermont, so far, has In Minnesota, we have about 300,000 assisting the special needs of children been worse than the weather. citizens who are dependent upon this in education, is of incredible impor- Mr. President, the rising cost of en- lifeline program. It is not a large tance to millions of families all across ergy weighs heavy on low-income grant. It averages about $350, but for this country, and we cannot afford to working Americans who devote about many of these citizens—many of them let the authorizing legislation expire. 12 percent of their income to energy elderly, many of them children—this is I join in commending the leadership bills. The elderly and disabled low-in- a lifeline program, without which ei- that has been provided by Senator come individuals relying on supple- ther people go cold or people huddle in FRIST in our last Congress, along with mental security income spend on aver- one room in their home. I wish that Senator HARKIN, who has been our

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S703 ranking member on the Subcommittee Who are these families, Mr. Presi- THE PRESIDENT’S EDUCATION on Disability and who has made such a dent? Forty-three percent of the recipi- BUDGET very important contribution on all of ents for the LIHEAP program are el- Mr. KENNEDY. Mr. President, on an- the issues relating to the disabled in derly or disabled citizens. They spend other item, I want to draw the atten- this country over a very distinguished an average of 19 percent of their in- tion of the Senate to President Clin- career, Senator JEFFORDS, and others come to keep their homes warm in the ton’s announcement today for making on our committee. winter, whereas middle-income fami- education a top priority in his balanced This has been a strong bipartisan ef- lies devote 4 percent. budget plan. The President has an- fort. We welcome the opportunity to That is who we are talking about: el- nounced the proposal and recognizes work very closely with them. This is derly people, the neediest people who the importance of investing in edu- not to minimize the issues that are are living and affected by this colder cation as the cornerstone of a stronger outstanding, but it does represent a climate, are spending way out of pro- future for the Nation. continuing commitment of those who portion of their income in order to just In the coming years, a college edu- support the legislation to try to con- remain warm. cation will be more important than tinue the very important efforts that The AFDC recipients spend as much ever. We know that by the year 2005, 60 have marked this legislation and find- as 25 percent of their income for home percent of all of the new jobs will re- ing cooperation and finding ways to heating. At the same time, these fami- quire not only a high school education, deal with some of the still outstanding lies are hard pressed and struggle to but also skills in the utilization of issues. pay their bills for food, rent, and computers. So the President’s program So I am very, very grateful for their health care. is focused on a number of priority statements on the floor today. A decade ago, LIHEAP assistance areas. I will introduce at the end of my f could sustain a low-income family statement a brief summary of those LIHEAP through an entire winter, purchasing items, but I would like to just mention as much as 750 gallons of heating oil. some of those which I think are most Mr. KENNEDY. Mr. President, on the Today, the higher cost of heating oil issue others have spoken to, I want to important. and the lower benefit levels will only add my strong voice in hope and antici- First of all, to try and assure work- purchase a third of that amount. Some pation of the President’s release of ing families in this country that not 10 years ago, there was the ability to these emergency LIHEAP funds to help only high school will be available, but address this issue for the neediest fami- the families in the Northeast and Mid- really the 13th and 14th grades, the lies for the winter and now a third of west. I think all of us have understood first 2 years of college, would be avail- the winter, even with these resources the extraordinary hardships and loss of able as well. That is being done in a that would be available. lives that are affecting people in the number of ways: Many local fuel assistance directors Midwest, and people are hurting in my First, with a $10,000 deduction for the are already planning for the worst. Ac- part of the country, in the Northeast, payments of tuition that will be avail- cording to Jim Murphy, whose TRI– as well, with the soaring heating bills able to working families and middle-in- CAP Community Action Program this winter. come families, what they call the Hope The reduced benefit levels and the serves 1,500 clients in Malden, MA, over Tax Credit, which will be a $1,500 credit skyrocketing prices of home heating 40 percent will be without any heating for the sons and daughters who are oil have been a double whammy for the assistance at the end of next week un- going to college. 5 million low-income families nation- less emergency funds are provided. This would amount to the payment wide who receive LIHEAP assistance. Other communities in Massachusetts in full of tuition for 67 percent of all Federal funding for LIHEAP is al- are facing a similar crisis. In Boston, the community colleges in the country; ready near an all-time low—listen to as many as 2,000 families, out of 13,000 and then an expansion of the Pell this, Mr. President—down from $2.1 bil- served by LIHEAP, have run out of grants by some $300 to a maximum of lion in 1985 to $1 billion today. In Mas- heating oil. An additional 4,500 house- $3,000 for those individuals who are eli- sachusetts, Federal fuel aid has de- holds will be at risk in the next few gible for Pell grants. That is a very im- clined from $87 million to $41 million weeks. We are talking the next 2 to 3 portant and significant commitment. over that same period, about half of weeks. That will mean about 130,000 more stu- the resources in dollars. When you In economically distressed towns like dents across this country will be able measure it out in terms of inflation, it Gloucester, many working families in- to take advantage of the Pell grants. is even less than that. When we see volved in the fishing industry have al- Then there are the changes in the what has happened to the cost of home ready exhausted their annual benefits. Pell grant provisions that will be pri- heating oil, we will see that people are According to Eliott Jacobson, chair- marily targeted upon older students, in dire straits. man of the New England Energy Direc- those who have been out in the work Local fuel assistance directors have tors Association, charities are being force and are coming back, those who been successful in past years in tapped for additional assistance 2 are 24 or 25 years old or older. I do not stretching the limited LIHEAP funds months ahead of schedule, taxing their know whether the distinguished Chair to serve as many needy families as pos- limited resources to serve the commu- has had the kind of opportunity I have sible. This winter, however, low stocks nity. had to visit some of the community have sent heating oil prices through Clearly, without an immediate re- colleges in his own State as I have in the roof, causing excessive hardships to lease of emergency funds, little relief is Massachusetts. We find changes which LIHEAP recipients across the Nation. in site for these families. If another are taking place where the makeup of According to the Massachusetts Divi- cold spell strikes, even more families the student body is considerably older. sion of Energy Resources, the cost of will be without protection. Changes in the Pell language are home heating oil has risen 20 percent, As we mentioned, 49 Senators wrote going to make available 218,000 addi- and, in some communities, consider- to the President last week requesting tional slots for those individuals who ably higher, from some 95 cents a gal- the release of the emergency LIHEAP are returning to college to upgrade lon in December 1995, to over $1.15 funds before more cold weather grips their skills, which is very important. today. Despite the oil companies’ ef- the country. This year, $420 million in We also have a strong commitment forts to bring their inventories to last emergency funds could be made avail- in the areas of literacy. We will see an year’s levels, heating oil prices still re- able at the President’s discretion. The expansion of the Work-Study Program, main high because of increased world letter sent to the President Thursday which provides important opportuni- demand. requested $300 million of that amount. ties for students to help work their This rise in heating oil prices has im- I hope all of my colleagues will support way through college. It is an abso- posed a heavy burden on low-income this necessary action and will support lutely vital link to permit students to families, many of whom must devote a action by the President to respond to match together what they are able to significant portion of their limited re- these very important and critical earn in the summertime by working, sources to paying their energy bills. needs. with what they earn working under the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S704 CONGRESSIONAL RECORD — SENATE January 28, 1997 Work-Study Programs. There is a to support local school reform efforts lion over the budget period. The Col- strong commitment to fulfill the Presi- and to help provide seed money to com- lege Work-Study Program will be ex- dent’s commitment to try to make munities to help bring technology into panded to help up to 1 million students sure that every third grader is able to their schools—and to help ensure that gain work experience while they earn read by the year 2000. It is an impor- technology is available to schools in money for college. tant program that really builds upon all parts of the country. In addition, we In the area of elementary and sec- the successful programs of the past. We will continue to make college more ac- ondary education, the President’s pro- will have more of a chance to review cessible and affordable for all students. posal provides significant support for those in the Labor and Human Re- We have every expectation that col- school reform. sources Committee later in the session. leges and universities will join us in The Information Age has arrived, yet We also see the willingness to try to this partnership to increase accessi- millions of children attend school in help and assist those communities bility and affordability and that they conditions inadequate to modern needs. where a third of all of the high school will not respond by raising tuition. We By the year 2000, 60 percent of new jobs students are going to school in dilapi- will work with them over the course of will require skills possessed by only 22 dated buildings. The Educational Fa- this Congress to ensure that this hap- percent of the young people entering cilities Improvement Act is a program pens. the labor market. Already, more than half of high-wage jobs require the use that was developed by Senator CAROL To reiterate, I commend President of network computers. Jobs that re- MOSELEY-BRAUN and has been a very Clinton for making education a top pri- quire computers pay 15 percent more, creative program which will be ad- ority in his balanced budget plan. The President’s proposal recognizes the im- on average, than those that do not. dressed in the President’s program. Schools across the country are strug- Finally, the President makes a portance of investing in education as gling to repair decrepit facilities, let strong commitment in the area of tech- the cornerstone of a stronger future for alone develop modern classrooms. nology, about $2 billion over the next 5 the Nation. Fourteen million children in a third of years, to try to make sure that we are In the coming years, a college edu- the Nation’s schools are learning in going to have technology—hardware cation will be more important than substandard classrooms. Yet enroll- and software—and, most importantly, ever. By 2005, 60 percent of all jobs cre- ments are at an all-time high of 52 mil- trained teachers that will be able to ated will require education beyond lion students and are continuing to use technology to help students learn high school. A college graduate earns rise. more. almost twice what a high school grad- We must also do more to help chil- A number of States, including my uate earns, and almost three times dren learn to read—40 percent of all own State of Massachusetts, are now what a high school dropout earns. children now read below their grade involved in what we call the Net Day But too often, college is priced out of level. Higher standards are clearly Program—there are 12 other States in- reach for many families. From 1980 to needed to encourage reading and other volved in it—where we have been able 1990, the cost of college rose by 126 per- basic academic skills. to bring the Software Council, the cent, while family income increased by The President’s proposal responds to leaders of business in software, the only 73 percent. these needs by investing almost $2 bil- Telecommunications Council, which To meet the rising cost of college, lion in improved education technology represents the best in terms of tele- students and their families are going over the budget period—a $252 million communications, the unions, working deeper and deeper into debt. In the increase in fiscal year 1998 alone. all together in order to provide wiring 1990’s, students have borrowed more in The President’s plan will also invest and also computers to the classrooms student loans than in the three pre- $2.45 billion over the budget period in and schools of Massachusetts. ceding decades combined. In 1996 alone, the America Reads Challenge, to help We were 48th out of 50 at the start of students borrowed $30 billion—a 65-per- children read well by the third grade. this whole effort; and we are now, I be- cent increase since 1993. Since 1988, It invests $5 billion to improve school lieve, leading all the States in the borrowing in the Federal student loan facilities. Funding for Goals 2000 will number of classrooms that we have al- program has more than doubled. increase to help children meet higher ready wired for the Internet with the The President’s proposal recognizes academic standards. Funding for char- help of this voluntary program which that making college more accessible ter schools will increase. The title I is very successful. More than 600 and affordable is a top priority for the program and the Eisenhower Teacher schools have now been adequately Nation. His proposal increases funding Training Program will receive in- wired. We intend, within the next 15 for higher education, provides tax cuts creases to give students the extra help months, to have the approximately for education, and cuts student loan they need to improve their skills. 2,700 schools in Massachusetts achieve fees. President Clinton’s plan is effective that. Under the proposal, funding for high- and comprehensive. It sets the right We have benchmarks to be able to as- er education will increase by 20 percent priority for education, and the right sess where we are. The next benchmark by 2002, including a $1.6 billion increase priority for the Nation’s future. Presi- will be in April of this year. But none- in Pell grants. The Pell grant max- dent Clinton has proved once again, theless, this kind of commitment by imum will increase by $300 in the first that he truly is the education Presi- the administration to technology and year to $3,000, to give 130,000 low-in- dent, and I look forward to working with all Members of Congress to teacher training is enormously impor- come students greater access to col- achieve these essential goals. tant. lege. With reforms in eligibility rules, It is our understanding that the new the proposal will also help over 200,000 f education programs and the strong adults obtain the extra education and CONTROLLING ILLEGAL IMMIGRA- commitment to education is paid for in training they need to compete in the TION AND PROTECTING JOBS the President’s balanced budget. We modern workplace. Mr. KENNEDY. Mr. President, last will see the details of the President’s The proposal targets tax cuts for edu- week I introduced a bill to control ille- budget in the next 10 days. But today cation to help students and working gal immigration and protect U.S. jobs. we commend his strong commitment to families. Students with incomes below I would like to take a few minutes to education. $70,000 would benefit from the $1,500 expand on that bill. We are looking forward to working in Hope Tax Credit, which makes 2 years Last year, Congress passed landmark our committee, the Labor and Human of community college affordable. immigration reform legislation in- Resources Committee, under the chair- All families with incomes below tended to curb illegal immigration. manship of Senator JEFFORDS, who has $100,000 may take advantage of a $10,000 But that Republican legislation ad- had a long and distinguished career of tuition tax deduction. The President’s dressed only half of the illegal immi- bipartisan leadership in education, to budget also provides for penalty free gration problem. Republicans did not maintain the Nation’s commitment to withdrawals from IRA’s to pay for edu- get the job done. So today, with the strengthen academic achievement and cation expenses. Student loan fees will support of our Democratic leader, Sen- accomplishment. We should continue be cut in half, saving students $2.6 bil- ator DASCHLE, I introduce legislation

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S705 to address the unfinished business of place and prosecuting unscrupulous hire are authorized to work in the controlling illegal immigration. employers who hire and abuse them. United States. But, the verification Immigration experts, policy think In 1986, Congress made it illegal for system in place now does not work. My tanks, and blue-ribbon commissions employers to hire illegal immigrant bill requires the President to propose a over the past two decades all agree workers. But today it is far too easy plan to Congress within 3 years for an that effective enforcement against ille- for these workers to pose as legal im- improved employment verification sys- gal immigration requires two steps. migrant workers or even U.S. citizens tem. We must stop people from crossing by using false documents. It prevents employers from discrimi- our borders illegally. But, we must also We must also find new and better nating against American and legal im- combine our border enforcement ef- ways of assisting employers to deter- migrant workers by making some forts with effective workplace enforce- mine who can and who cannot work in workers go through more hoops to get ment to deter employers who hire ille- the United States. Under the current a job than others, just because they gal workers. failed system, employers often cannot may look or sound foreign. The Clinton administration should be distinguish a real green card and Finally, my bill provides needed pro- commended for their aggressive en- makes someone eligible to work from a tections for battered immigrants. forcement strategy at the border. By good fake. Many battered immigrants are afraid the end of this year, the Clinton ad- Last year, the Senate adopted a pro- to seek protection from their abusers ministration plans to have increased posal that Senator Simpson and I de- because they fear they will be deported the Border Patrol from under 4,000 veloped that contained aggressive pilot or cannot find work to support their agents in 1993 to 6,859 agents—a 73-per- programs to test new and better ways children. This bill removes the hurdles cent increase. And last year’s immigra- of addressing this problem. Upon the for battered immigrants, and protects tion bill reenforced this increase by au- completion of these programs, the their ability to qualify for green cards thorizing an additional 1,000 Border Pa- President was required to submit to and jobs. trol agents for each of the next 3 years. Congress a comprehensive plan that Last year’s illegal immigration bill In addition, last year’s immigration would enable employers to know with addressed only half the problem. The bill contained new, stiff penalties greater certainty whom they can and bill I introduce today will complete the against the crime syndicates that cannot hire. Without such a plan, ille- picture and protect jobs for working smuggle illegal immigrant workers gal immigrants will continue to take families. And I look forward to work- into the United States. American jobs from working families ing with our new Immigration Sub- But Republicans neglected the second by the hundreds of thousands each committee chairman, Senator ABRA- key element of a successful immigra- year. HAM, and the Republican leadership to tion enforcement strategy, which is But Republicans in Congress, under see early enactment of this important workplace enforcement to deny jobs to pressure from lobbyists representing measure. illegal immigrant workers. There is the employers, met in secret last sum- Mr. President, I ask unanimous con- one reason, and one reason only, that mer and dropped this vital provision sent that the text of the legislation be illegal immigrants come to America: from the bill. They put in its place a included at this point in the RECORD. to find jobs. Last year’s Republican im- weak requirement for only a single There being no objection, the text of migration bill did almost nothing to pilot program. And they stripped the the bill ordered to be printed in the address this problem. We will never re- bill of the requirement that the Presi- RECORD, as follows: duce illegal immigration significantly dent present to Congress for its ap- S. 103 until we shut off the job magnet that proval a comprehensive plan for deny- Be it enacted by the Senate and House of Rep- draws illegal immigrants to this coun- ing jobs to illegal immigrant workers. resentatives of the United States of America in try. Instead of standing up for working Congress assembled, That was the conclusion of the Select families and protecting their jobs, they SECTION 1. SHORT TITLE; AMENDMENTS TO INA; Commission on Immigration and Ref- chose to coddle unscrupulous employ- TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as ugee Policy in 1981, the so-called ers who hire and abuse illegal immi- the ‘‘United States Worker Protection and Hesburgh Commission. And it was the grants to make a buck. Illegal Immigrant Deterrence Act of 1997’’. conclusion of the Jordan Commission Our Democratic message to working (b) AMENDMENTS TO IMMIGRATION AND NA- in 1994. The Jordan Commission stated, families today is that we will not tol- TIONALITY ACT.—Except as otherwise specifi- ‘‘Reducing the employment magnet is erate the loss of hundreds of thousands cally provided whenever in this Act an the linchpin of a comprehensive strat- of your jobs each year. Last year’s Re- amendment or repeal is expressed as the egy to reduce illegal immigration.’’ publican immigration bill simply sets amendment or repeal of a section or other Consider the following fact. The Im- provision, the reference shall be considered adrift the urgently needed workplace to be made to that section or provision in migration and Naturalization Service enforcement under our immigration the Immigration and Nationality Act. says that at least 40 percent, and pos- laws to protect these jobs. Democrats (c) TABLE OF CONTENTS.—The table of con- sibly half, of the illegal immigrant say that working families need to be tents of this Act is as follows: population in the United States actu- assured that their jobs will be pro- Sec. 1. Short title; amendments to INA; ally entered the country legally, but tected under our immigration laws. table of contents. stayed on and worked illegally after The bill I introduce today: TITLE I—ENFORCEMENT their visas expired. They came here Provides the workplace enforcement Sec. 101. Increased personnel levels for im- originally as tourists or students, but we need to protect U.S. jobs. It in- migration-related workplace overstayed their visas and are now ille- creases the number of Department of enforcement. gally taking American jobs. Labor Wage and Hour investigators. Sec. 102. Earmark of appropriations for INS No amount of border enforcement These investigators will target employ- workplace inspectors. will stop this major source of illegal ers who hire illegal immigrants to TITLE II—EMPLOYER SANCTIONS PENALTIES AND AUTHORITIES immigrant workers. They arrive at our evade labor standards. And it provides airports and at our borders with gen- funding for additional INS personnel to Sec. 201. Enhanced civil penalties if labor standards violations are uine passports and visas. There is no enforce our immigration laws in the present. way to know that their real plans are workplace. Sec. 202. Increased penalties for violations to stay and work illegally. It increases penalties for employers of immigration-related employ- The only way to deter this kind of il- who hire illegal workers. And it allows ment laws. legal immigration is to deny jobs at judges to double an employers pen- Sec. 203. Retention of employer sanctions the workplace. Rather than just alties if they have violated both immi- fines for law enforcement pur- beefing up our Border Patrol, we must poses. gration and labor laws. Sec. 204. Task force to improve public edu- also increase the capacity of the Immi- It mandates the President to fix the cation regarding unlawful em- gration Service and the Department of broken employment verification sys- ployment of aliens and unfair Labor to protect American jobs by tem. Currently employers have an obli- immigration-related employ- finding illegal immigrants in the work- gation to verify whether those they ment practices.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0655 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S706 CONGRESSIONAL RECORD — SENATE January 28, 1997 Sec. 205. Subpoena authority for cases of un- investigators, as authorized by section 131 of (4) in clause (iv)(IV), by striking ‘‘$100’’ and lawful employment of aliens or the Illegal Immigration Reform and Immi- ‘‘$1,000’’ and inserting ‘‘$200’’ and ‘‘$5,000’’, document fraud. gration Responsibility Act of 1996 (as con- respectively. TITLE III—PRESIDENTIAL PLAN FOR tained in Public Law 104–208). SEC. 203. RETENTION OF EMPLOYER SANCTIONS EMPLOYMENT VERIFICATION TITLE II—EMPLOYER SANCTIONS FINES FOR LAW ENFORCEMENT PURPOSES. Sec. 301. Definitions. PENALTIES AND AUTHORITIES Section 286(a) (8 U.S.C. 1356(a)) is amend- Sec. 302. Establishment of plan. SEC. 201. ENHANCED CIVIL PENALTIES IF LABOR ed— Sec. 303. Objectives. STANDARDS VIOLATIONS ARE (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; Sec. 304. System requirements. PRESENT. Sec. 305. Remedies and penalties for unlaw- (a) IN GENERAL.—Section 274A(e)(4) (8 and ful disclosure. U.S.C. 1324a(e)(4)) is amended— (2) by adding at the end the following: ‘‘(2) All moneys received during each fiscal Sec. 306. Employer safeguards. (1) by redesignating clauses (i), (ii), and year in payment of penalties under section Sec. 307. Restriction on use of documents. (iii) of subparagraph (A) as subclauses (I), Sec. 308. Protection from liability for ac- (II), and (III), respectively; 274A of this Act in excess of $5,000,000 shall tions taken on the basis of in- (2) by redesignating clauses (i), (ii), and be credited to the Immigration and Natu- formation provided by the (iii) of subparagraph (B) as subclauses (I), ralization Service Salaries and Expenses ap- verification system. (II), and (III), respectively; propriations account that funds activities Sec. 309. Application of the Federal Tort (3) by redesignating subparagraphs (A) and and related expenses associated with en- Claims Act. (B) as clauses (i) and (ii), respectively; forcement of that section and shall remain Sec. 310. Statutory construction. (4) by striking ‘‘With’’ and inserting ‘‘(A) available until expended.’’. Except as provided in subparagraph (B), SEC. 204. TASK FORCE TO IMPROVE PUBLIC EDU- TITLE IV—UNFAIR IMMIGRATION- with’’; and CATION REGARDING UNLAWFUL EM- RELATED EMPLOYMENT PRACTICES (5) by adding at the end the following: PLOYMENT OF ALIENS AND UNFAIR Sec. 401. Requiring certain remedies in un- ‘‘(B) ENFORCEMENT OF CERTAIN LABOR IMMIGRATION-RELATED EMPLOY- fair immigration-related dis- LAWS.— MENT PRACTICES. crimination orders. ‘‘(i) CIVIL PENALTIES.—The administrative (a) ESTABLISHMENT.—The Attorney General Sec. 402. Treatment of certain documentary law judge may require payment of a civil shall establish a task force within the De- practices as lawful employment money penalty in an amount up to two times partment of Justice charged with the respon- practices. the amount of the penalty prescribed by this sibility of— Sec. 403. Effective date. subsection in any case in which the Sec- (1) providing advice and guidance to em- TITLE V—PROTECTIONS FOR BATTERED retary of Labor or a court of competent ju- ployers and employees relating to unlawful IMMIGRANTS risdiction determines that the employer has employment of aliens under section 274A of committed a willful violation or repeated the Immigration and Nationality Act and Sec. 501. Waiver of section 245(i). unfair immigration-related employment Sec. 502. Exemption from summary exclu- violations of any of the following statutes: ‘‘(I) The Fair Labor Standards Act (29 practices under 274B of such Act; and sion. (2) assisting employers in complying with Sec. 503. Attorney General waiver of contin- U.S.C. 201 et seq.). those laws. uous presence requirement. ‘‘(II) The Migrant and Seasonal Agricul- (b) COMPOSITION.—The members of the task Sec. 504. Continued eligibility for immigrant tural Worker Protection Act (29 U.S.C. 1801 et seq.). force shall be designated by the Attorney status where abuser is removed. General from among officers or employees of Sec. 505. Fraudulent document waiver for ‘‘(III) The Family and Medical Leave Act the Immigration and Naturalization Service battered aliens. (29 U.S.C. 2601 et seq.). ‘‘(ii) ADMINISTRATION.—The Secretary of or other components of the Department of TITLE I—ENFORCEMENT Labor and the Attorney General shall con- Justice. SEC. 101. INCREASED PERSONNEL LEVELS FOR sult regarding the administration of this (c) ANNUAL REPORT.—The task force shall IMMIGRATION-RELATED WORK- paragraph.’’. report annually to the Attorney General on PLACE ENFORCEMENT. (b) EFFECTIVE DATE.—The amendment its operations. (a) INVESTIGATORS.— made by this section shall apply with respect SEC. 205. SUBPOENA AUTHORITY FOR CASES OF (1) IN GENERAL.—Subject to paragraph (2), to offenses occurring on or after the date of UNLAWFUL EMPLOYMENT OF the Secretary of Labor is authorized to hire the enactment of this Act. ALIENS OR DOCUMENT FRAUD. in the Wage and Hour Division of the Depart- SEC. 202. INCREASED PENALTIES FOR VIOLA- (a) SECRETARY OF LABOR SUBPOENA AU- ment of Labor during the period beginning TIONS OF IMMIGRATION-RELATED THORITY.— October 1, 1997, and ending September 30, EMPLOYMENT LAWS. (1) IN GENERAL.—Chapter 9 of title II of the 1998, not more than 150 full-time active-duty (a) INCREASED CIVIL MONEY PENALTIES FOR Immigration and Nationality Act is amended investigators and staff to enforce laws apply- HIRING, RECRUITING, AND REFERRAL VIOLA- by adding at the end the following new sec- ing sanctions against employers who violate TIONS.—Section 274A(e)(4)(A) (8 U.S.C. tion: Federal wage and hour laws. 1324a(e)(4)(A)) is amended— ‘‘SECRETARY OF LABOR SUBPOENA AUTHORITY (1) in clause (i), by striking ‘‘$250’’ and (2) ADDITIONAL AUTHORITY AVAILABLE.—The ‘‘SEC. 296. The Secretary of Labor may authority of paragraph (1) to hire the per- ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, respectively; issue subpoenas requiring the attendance sonnel described in that paragraph is in addi- and testimony of witnesses or the production tion to the authority made available during (2) in clause (ii) by striking ‘‘$2,000’’ and $5,000’’ and inserting ‘‘$3,000’’ and ‘‘$8,000’’, of any records, books, papers, or documents fiscal year 1997 to hire such personnel. in connection with any investigation or (b) ASSIGNMENT OF ADDITIONAL PER- respectively; and (3) in clause (iii), by striking ‘‘$3,000’’ and hearing conducted in the enforcement of any SONNEL.—Individuals employed under sub- immigration program for which the Sec- section (a) shall be assigned to investigate ‘‘$10,000’’ and inserting ‘‘$8,000’’ and ‘‘$25,000’’, respectively. retary of Labor has been delegated enforce- violations of both wage and hour laws and ment authority under this Act. In such hear- those immigration-related laws that are ad- (b) INCREASED CIVIL MONEY PENALTIES FOR PAPERWORK VIOLATIONS.—Section 274A(e)(5) ing, the Secretary of Labor may administer ministered by the Secretary of Labor in oaths, examine witnesses, and receive evi- areas of the United States where the Attor- (8 U.S.C. 1324a(e)(5)) is amended by striking ‘‘$100’’ and ‘‘$1,000’’ and inserting ‘‘$200’’ and dence. For the purpose of any such hearing ney General has notified the Secretary of ‘‘$5,000’’, respectively. or investigation, the authority contained in Labor that there are high concentrations of (c) INCREASED CRIMINAL PENALTIES FOR sections 9 and 10 of the Federal Trade Com- aliens present in violation of law. PATTERN OR PRACTICE VIOLATIONS.—Section mission Act (15 U.S.C. 49, 50), relating to the (c) PREFERENCE FOR BILINGUAL WAGE AND 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is amended by attendance of witnesses and the production HOUR INSPECTORS.—In hiring new wage and striking ‘‘$3,000’’ and ‘‘six months’’ and in- of books, papers, and documents, shall be hour inspectors pursuant to this section, the serting ‘‘$7,000’’ and ‘‘two years’’, respec- available to the Secretary of Labor.’’. Secretary of Labor shall give priority to the tively. (2) CONFORMING AMENDMENT.—The table of employment of multilingual candidates who (d) INCREASED CIVIL PENALTIES FOR UNFAIR contents of the Immigration and Nationality are proficient in both English and such other IMMIGRATION-RELATED EMPLOYMENT PRAC- Act is amended by inserting after the item language or languages as may be spoken in TICES.—Section 274B(g)(2)(B) (8 U.S.C. relating to section 295 the following new the region in which such inspectors are like- 1324b(g)(2)(B)) is amended— item: ly to be deployed. (1) in clause (iv)(I), by striking ‘‘$250’’ and ‘‘Sec. 296. Secretary of Labor subpoena au- SEC. 102. EARMARK OF APPROPRIATIONS FOR ‘‘$2,000’’ and inserting ‘‘$1,000’’ and ‘‘$3,000’’, thority.’’. INS WORKPLACE INSPECTORS. respectively; Of the funds made available to the Immi- (2) in clause (iv)(II), by striking ‘‘$2,000’’ TITLE III—PRESIDENTIAL PLAN FOR gration and Naturalization Service for fiscal and ‘‘$5,000’’ and inserting ‘‘$3,000’’ and EMPLOYMENT VERIFICATION years 1998 and 1999, not less than $36,076,000 ‘‘$8,000’’, respectively; SEC. 301. DEFINITIONS. shall be available only for each such fiscal (3) in clause (iv)(III), by striking ‘‘$3,000’’ As used in this title: year sufficient to pay the salaries and ex- and ‘‘$10,000’’ and inserting ‘‘$8,000’’ and (1) FEDERAL PUBLIC BENEFIT.—The term penses of 300 full-time equivalent active-duty ‘‘$25,000’’, respectively; and ‘‘Federal public benefit’’ has the meaning

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S707 given the term in section 401(c) of the Per- the United States, including the cost of the electronically within 5 business days, wheth- sonal Responsibility and Work Opportunity system to employers. er a person has the required immigration Reconciliation Act of 1996. (5) To ensure that those who are ineligible status in the United States and is legally au- (2) STATE OR LOCAL PUBLIC BENEFIT.—The for public assistance or other government thorized for employment in the United term ‘‘State or local public benefit’’ has the benefits are denied or terminated, and that States in a substantial percentage of cases meaning given the term in section 411(c) of those eligible for public assistance or other (with the objective of not less than 99 per- the Personal Responsibility and Work Oppor- government benefits shall— cent). tunity Reconciliation Act of 1996. (A) be provided a reasonable opportunity (6) ADMINISTRATIVE, TECHNICAL, AND PHYS- (3) SYSTEM.—The term ‘‘system’’ means to submit evidence indicating a satisfactory ICAL SAFEGUARDS.—In order to ensure the in- the system for confirmation of eligibility for immigration status; and tegrity, confidentiality, and security of sys- employment and benefits that is described in (B) not have eligibility for public assist- tem information, the system and those who this title. ance or other government benefits denied, use the system must maintain appropriate SEC. 302. ESTABLISHMENT OF PLAN. reduced, terminated, or unreasonably de- administrative, technical, and physical safe- (a) DEVELOPMENT OF PLAN; REPORT TO CON- layed on the basis of the individual’s immi- guards, such as— GRESS.—Not later than 90 days after the end gration status until such a reasonable oppor- (A) safeguards to prevent unauthorized dis- of the third year in which the pilot programs tunity has been provided. closure of personal information, including required by subtitle A of title IV of the Ille- SEC. 304. SYSTEM REQUIREMENTS. passwords, cryptography, and other tech- gal Immigration Reform and Immigrant Re- (a) IN GENERAL.—A confirmation system nologies; sponsibility Act of 1996 (as contained in Pub- may not be implemented under this title un- (B) audit trails to monitor system use; or lic Law 104–208) are in effect, the President less the system meets the following require- (C) procedures giving an individual the shall— ments: right to request records containing personal (1) develop and recommend to the Congress (1) RELIABLE DETERMINATIONS.—The system information about the individual held by a plan for the establishment of a data system must be capable of reliably determining with agencies and used in the system, for the pur- or alternative system (in this part referred respect to an individual whether— pose of examination, copying, correction, or to as the ‘‘system’’), subject to sections 302 amendment, and a method that ensures no- and 303, to confirm eligibility for employ- (A) the person with the identity claimed by the individual is authorized to work in the tice to individuals of these procedures. ment in the United States, and immigration (7) SAFEGUARDS AGAINST DISCRIMINATION.— status in the United States for purposes of United States or has the immigration status being claimed; and There must be reasonable safeguards against eligibility for any Federal public benefit; the system’s resulting in unlawful discrimi- (2) submit to the Congress a report setting (B) the individual is claiming the identity of another person. natory practices based on national origin or forth— citizenship status, including— (A) a description of such recommended (2) RESTRICTIONS ON USE OF INFORMATION.— Any information obtained in connection (A) the selective or unauthorized use of the plan; system to confirm eligibility; (B) data on and analyses of the alter- with use of the system must not be made available to Government agencies, employ- (B) the use of the system prior to an offer natives considered in developing the plan de- of employment; scribed in paragraph (1), including analyses ers, or other persons except to the extent (C) the exclusion of certain individuals of data from any demonstration project con- necessary— from consideration for employment as a re- ducted, including the pilot programs con- (A) to confirm, by an individual who is au- sult of a perceived likelihood that additional ducted under subtitle A of title IV of the thorized to conduct the employment confirmation will be required, beyond what IIRIRA of 1996; and verification process, that an employee is not is required for most job applicants; or (C) data on and analysis of the system dean unauthorized alien (as defined in section (D) denial reduction, termination, or un- scribed in paragraph (1), including estimates 274A(h)(3) of the Immigration and Nation- reasonable delay of public assistance to an of— ality Act (8 U.S.C. 1324a(h)(3)); individual as a result of the perceived likeli- (i) the proposed use of the system, on an (B) to enforce the Immigration and Nation- hood that such additional confirmation will industry-sector by industry-sector basis; ality Act or section 371, 911, 982, 1001, 1015, (ii) the public assistance programs and 1028, 1542, 1546, or 1621 of, or chapter 96 of, be required. government benefits for which use of the sys- title 18, United States Code; or (b) DEFINITION.—As used in this section, tem is cost-effective and otherwise appro- (C) to confirm the individual’s immigra- the term ‘‘business day’’ means any day priate; tion status for purposes of determining eligi- other than Saturday, Sunday, or any day on (iii) the cost of the system; bility for Federal public benefits. which the appropriate Federal agency is (iv) the financial and administrative cost (3) FORM AND EXAMINATION OF DOCUMENTS.— closed. to employers; Any document (other than a document used SEC. 305. REMEDIES AND PENALTIES FOR UN- (v) the reduction of undocumented workers under section 274A of the Immigration and LAWFUL DISCLOSURE. in the United States labor force resulting Nationality Act) required by the system (a) CIVIL REMEDIES.— from the system; must be presented to or examined by either (1) RIGHT OF INFORMATIONAL PRIVACY.—The (vi) any unlawful discrimination caused by an employer or an administrator of public Congress declares that any person who pro- or facilitated by use of the system; assistance or other government benefits, as vides to an employer the information re- (vii) any privacy intrusions caused by mis- the case may be, and— quired by this section or section 274A of the use or abuse of system; (A) must be in a form that is resistant to Immigration and Nationality Act (8 U.S.C. (viii) the accuracy rate of the system; counterfeiting and to tampering; and 1324a) has a privacy expectation that the in- (ix) the overall costs and benefits that (B) must not be required by any Govern- formation will only be used for compliance would result from implementation of the ment entity or agency as a national identi- with this Act or other applicable Federal, system; and fication card or to be carried or presented ex- State, or local law. (x) evidence, including the results of pilot cept— (2) CIVIL ACTIONS.—An employer, or other programs or demonstration projects, that (i) to carry out the purposes of paragraph person or entity, who knowingly and will- the plan meets the requirements of section (2); or fully discloses the information that an em- 303. (ii) if the document was designed for an- ployee is required to provide by this title or (b) EFFECTIVE DATE.—The plan described in other purpose (such as a certificate of alien section 274A of the Immigration and Nation- subsection (a) shall take effect on the date of registration, an alien registration receipt ality Act (8 U.S.C. 1324a) for any purpose not enactment of a bill or joint resolution ap- card, a license to drive a motor vehicle, a authorized by this Act or other applicable proving the plan. certificate of birth, or a social security ac- Federal, State, or local law shall be liable to SEC. 303. OBJECTIVES. count number card issued by the Social Se- the employee for actual damages. Jurisdic- The plan described in section 301(a) shall curity Administration), as required under tion and venue over actions brought under have the following objectives: law for such other purpose. this paragraph shall be as provided by title (1) To substantially reduce illegal immi- (4) COMPLETE, ACCURATE, CONFIRMABLE, AND 28 of the United States Code. gration and unauthorized employment of TIMELY.—The system must ensure that infor- (b) CRIMINAL PENALTIES.—Any employer, aliens. mation is complete, accurate, confirmable, or other person or entity, who willfully and (2) To increase employer compliance, espe- and timely. Corrections or additions to the knowingly obtains, uses, or discloses infor- cially in industry sectors known to employ system records of an individual provided by mation required pursuant to this title or sec- undocumented workers, with laws governing the individual, the Social Security Adminis- tion 274A of the Immigration and Nation- employment of aliens. tration, or the Immigration and Naturaliza- ality Act (8 U.S.C. 1324a) for any purpose not (3) To protect individuals from national or- tion Service, or other relevant Federal agen- authorized by this Act or other applicable igin or citizenship-based unlawful discrimi- cy, must be checked for accuracy, processed, Federal, State, or local law shall be fined not nation and from loss of privacy caused by and entered into the system within 10 busi- more than $5,000, notwithstanding the provi- use, misuse, or abuse of personal informa- ness days after the agency’s acquisition of sions of any Federal law relating to fine lev- tion. the correction or additional information. els, imprisoned for not more than 6 months, (4) To minimize the burden on business of (5) SPEED OF CONFIRMATION.—The system or both. verification of eligibility for employment in must be capable of accurately confirming (c) PRIVACY ACT.—

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S708 CONGRESSIONAL RECORD — SENATE January 28, 1997

(1) IN GENERAL.—Any person who is a TITLE IV—UNFAIR IMMIGRATION- (1) in the second sentence of paragraph (1), United States citizen, United States na- RELATED EMPLOYMENT PRACTICES by striking ‘‘The’’ and inserting ‘‘Except as tional, lawful permanent resident, or other SEC. 401. REQUIRING CERTAIN REMEDIES provided in paragraphs (4) and (5), the’’; and employment-authorized alien, and who is IN UNFAIR IMMIGRATION-RELATED (2) by adding at the end the following new subject to confirmation of work authoriza- DISCRIMINATION ORDERS. paragraph: tion or lawful presence in the United States Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is ‘‘(4)(A) The Attorney General may waive for purposes of benefits eligibility under this amended— the fee specified in this subsection with re- title, shall be considered an individual under (1) in subparagraph (B)— spect to an alien— section 552(a)(2) of title 5, United States (A) by striking ‘‘CONTENTS OF ORDER’’ and ‘‘(i) if the alien or the alien’s child— Code, with respect to records covered by this inserting ‘‘DISCRETIONARY CONTENTS OF ‘‘(I) has been battered or subjected to ex- title. ORDER’’; treme cruelty by a spouse, parent, or mem- (2) DEFINITION.—For purposes of this sub- (B) by striking clauses (ii) and (vi); and ber of the spouse or parent’s family residing section, the term ‘‘record’’ means an item, (C) by redesignating clauses (iii), (iv), (v), in the same household as the alien; and collection, or grouping of information about (vii), and (viii) as clauses (ii), (iii), (iv), (v), ‘‘(II) the spouse or parent consented to or an individual which— and (vi), respectively; acquiesced to such battery or cruelty; and (A) is created, maintained, or used by a (2) in subparagraph (C), by striking ‘‘sub- ‘‘(ii) if the Attorney General determines Federal agency for the purpose of deter- paragraph (B)(iii)’’ and inserting ‘‘subpara- that such waiver would enhance the safety of mining— graph (C)(ii)’’; the alien or the alien’s child. (i) the individual’s authorization to work; (3) by redesignating subparagraphs (B) ‘‘(B) An alien for whom the Attorney Gen- or through (D) as subparagraphs (C) through eral waived the fee specified in this sub- (ii) immigration status in the United (E), respectively; and section shall not be considered a public States for purposes of eligibility to receive (4) by inserting after subparagraph (A) the charge under section 212(a)(4) or 237(a)(5) Federal, State or local benefits in the United following new subparagraph: solely because of such waiver. States; and ‘‘(B) MANDATORY CONTENTS OF ORDER.— ‘‘(5)(A) In lieu of a waiver under paragraph (B) contains the individuals’s name or Such an order shall require the person or en- (4), the Attorney General may permit an identifying number, symbol, or any other tity— alien described in paragraph (4)(A)(i) to pay identifier assigned to the individual. ‘‘(i) to retain for the period referred to in the fee specified in this subsection at the clause (i) and only for purposes consistent time of the alien’s interview or in install- SEC. 306. BENEFIT OF REBUTTABLE PRESUMP- with section 274A(b)(5), the name and address ments— TION. of each individual who applies, in person or ‘‘(i) if the Attorney General determines A person or other entity has established a in writing, for hiring for an existing posi- that the alien’s finances are sufficient; and rebuttable presumption that the person or tion, or for recruiting or referring for a fee, ‘‘(ii) if the Attorney General determines entity has not violated section 274A(a)(1)(A) for employment in the United States; and that such delayed payment would enhance of the Immigration and Nationality Act with ‘‘(ii) to educate all personnel involved in the safety of the alien or the alien’s child. respect to the hiring (or recruitment or re- hiring and complying with this section or ‘‘(B) An alien for whom the Attorney Gen- ferral) of an individual for employment in section 274A about the requirements of this eral delayed payment of the fee specified in the United States if the person or entity— section or such section and to certify the this subsection shall not be considered a pub- (1) obtains confirmation of identity and fact of such education.’’. lic charge under section 212(a)(4) solely be- employment eligibility in compliance with SEC. 402. TREATMENT OF CERTAIN DOCUMEN- cause of such waiver.’’. the applicable terms and conditions of the TARY PRACTICES AS LAWFUL EM- SEC. 502. EXEMPTION FROM SUMMARY EXCLU- system with respect to the hiring (or recruit- PLOYMENT PRACTICES. SION. ment or referral) of the individual; and Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is Section 235(b)(1) (8 U.S.C. 1225(b)(1)) is (2) has complied with all procedures re- amended— amended by adding at the end the following quired by the system. (1) by striking ‘‘PRACTICES.—For purposes new subparagraph: SEC. 307. RESTRICTION ON USE OF DOCUMENTS. of paragraph (1), a’’ and inserting ‘‘PRAC- ‘‘(G) EXCEPTION FOR BATTERED ALIENS.— If the Attorney General determines that TICES.— Subparagraph (A) shall not apply to any ‘‘(A) IN GENERAL.—Subject to subpara- any document described in section 274A(b)(1) alien who has been has been battered or sub- graphs (B) and (C), a’’; of the Immigration and Nationality Act as jected to extreme cruelty, or whose child has (2) by striking ‘‘if made for the purpose or establishing employment authorization or been battered or subjected to extreme cru- with the intent of discriminating against an identity does not reliably establish such au- elty, and who is eligible to file a petition individual in violation of paragraph (1)’’ and thorization or identity or, to an unaccept- under subparagraph (A) (iii) and (iv) or (B) inserting ‘‘relating to the hiring of individ- able degree, is being used fraudulently or is (ii) and (iii) of section 204(a)(1) or under para- uals’’; and being requested for purposes not authorized graph (2) of section 240A(b) based on the re- (3) by adding at the end the following new by this Act, the Attorney General may, by quirements of paragraph (2) of that sec- subparagraph: regulation, prohibit or place conditions on tion.’’. ‘‘(B) EXCEPTION.—A person or other enti- the use of the document for purposes of the ty— SEC. 503. ATTORNEY GENERAL WAIVER OF CON- system or the verification system estab- TINUOUS PRESENCE REQUIREMENT. ‘‘(i) may request a document proving a re- Section 240A(d)(2) is amended by inserting lished in section 274A(b) of the Immigration newal of employment authorization when an and Nationality Act. before the period at the end the following: ‘‘, individual has previously submitted a time- except that the Attorney General may ex- SEC. 308. PROTECTION FROM LIABILITY FOR AC- limited document to satisfy the require- tend the time periods described in this para- TIONS TAKEN ON THE BASIS OF IN- ments of section 274A(b)(1); or graph in the case of aliens who are otherwise FORMATION PROVIDED BY THE CON- ‘‘(ii) having reason to believe that an indi- FIRMATION SYSTEM. eligible for relief under subsection (b)(2).’’. vidual presenting a document that reason- No person shall be civilly or criminally lia- ably appears on its face to be genuine is SEC. 504. CONTINUED ELIGIBILITY FOR IMMI- GRANT STATUS WHERE ABUSER IS ble under section 274A of the Immigration nonetheless an unauthorized alien (I) may and Nationality Act for any action adverse REMOVED. inform the individual of the question about Section 204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) to an individual if such action was taken in the document’s validity and of such person good faith reliance on information relating is amended by adding at the end the fol- or other entity’s intention to verify the va- lowing new clause: to such individual provided through the sys- lidity of such document, and (II) may, upon tem. ‘‘(iv) An alien who has resided in the receiving confirmation that the individual is United States with the alien’s permanent SEC. 309. APPLICATION OF THE FEDERAL TORT unauthorized to work, dismiss the indi- resident spouse or parent who has committed CLAIMS ACT. vidual. a crime described in section 237(a)(2)(E) or Any individual claiming dismissal from ‘‘(C) STATUTORY CONSTRUCTION.—Nothing violated a protection order described in that employment or denial of employment by rea- in subparagraph (B) prohibits an individual section may file a petition with the Attorney son of an error in the operation of the con- from offering alternative documents that General under this subparagraph for classi- firmation system may seek settlement of the satisfy the requirements of section fication of the alien under such section not- claim by the appropriate Federal agency or 274A(b)(1).’’. withstanding that the alien who committed may institute a legal action against the Fed- SEC. 403. EFFECTIVE DATE. the crime or violated the protection order eral Government under chapter 271 of title The amendments made by section 401 shall has been removed, or is subject to removal, 28, United States Code, for money damages apply to orders issued on or after the first from the United States under section 237(a), in accordance with the procedures set forth day of the first month beginning at least 90 if the alien filing the petition is— under that chapter. days after the date of the enactment of this ‘‘(I) the victim of the crime committed or SEC. 310. STATUTORY CONSTRUCTION. Act. is the individual protected by the protection The provisions of this title supersede the TITLE V—PROTECTIONS FOR BATTERED order; provisions of section 274A of the Immigra- IMMIGRANTS ‘‘(II) a person of good moral character; and tion and Nationality Act to the extent of any SEC. 501. WAIVER OF SECTION 245(i). ‘‘(III) eligible for classification under sec- inconsistency therewith. Section 245(i) (8 U.S.C. 1255(i)) is amended— tion 203(a)(2)(A).’’.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S709 SEC. 505. FRAUDULENT DOCUMENT WAIVER FOR known as America’s Shipyard. His pro- and wonderful wit. He was one of the most BATTERED ALIENS. fessionalism, attention to detail, and decent, compassionate human beings you Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is customer oriented service ethic has en- would ever want to meet. So when people amended by inserting before the period at talk about him, the words ‘‘tenacious’’ or the end the following: ‘‘, or if the alien is eli- deared him to many of our nation’s po- ‘‘determined’’ have not often been the first gible to file a petition under subparagraph litical leaders—from President’s to that I used to describe him. But I am here to (A) (iii) and (iv) or (B) (ii) and (iii) of section Cabinet Secretaries to Secretaries of attest that I have never—not in the foxholes 204(a)(1) or under paragraph (2) of section the Navy—over the span of almost 40 of Korea, not in the halls of Congress—never 240A(b) based on the requirements of para- years. met a more determined, or more courageous graph (2) of that section’’. On January 31, 1997, Skeeter will be man than Paul Tsongas. Another son of this f retiring from Ingalls Shipbuilding. Be- Commonwealth, President John F. Kennedy, hind he will leave a legacy of 38 years concluded his Pulitzer Prize-winning book, THE VERY BAD DEBT BOXSCORE ‘‘Profiles in Courage,’’ with this marvelous in service to Ingalls, the city of Mr. HELMS. Mr. President, at the statement, which applies to our friend, Paul, Pascagoula, Jackson County, the State and I want to share it with you this morning: close of business yesterday, Monday, of Mississippi, and indeed, the country ‘‘Without belittling the courage with which January 27, the federal debt stood at as a whole. Skeeter is a veteran of the men have died, we should not forget those $5,222,049,625,819.53. United States Navy, a 1951 graduate of acts of courage, with which men have lived. Five years ago, January 27, 1992, the Mississippi State University, and a The courage of life is often a less dramatic Federal debt stood at $3,793,601,000,000. man of honor. spectacle than the courage of the final mo- Ten years ago, January 27, 1987, the ment, but it is no less a magnificent mixture To his wife, Janet, and his children of triumph and tragedy. A man does what he Federal debt stood at $2,223,227,000,000. Leah and Alice, I say thank you. We Fifteen years ago, January 27, 1982, must, in spite of personal consequences; in have all borrowed Skeeter’s time and spite of obstacles, and dangers, and pres- the Federal debt stood at talent for years, a gift he has freely sures.’’ And that is the basis of Paul—human $1,034,824,000,000. given us. Beginning Saturday, Feb- morality. In whatever arena of life one may Twenty-five years ago, January 27, ruary 1, 1997, you have him all to your- mast the challenges of courage, whatever 1972, the federal debt stood at self. It is your gain, and with this gain may be the sacrifices he faces, each man $426,004,000,000 which reflects a debt in- must decide for himself the course he will we give you our gratitude and envy. follow. The stories of past courage can define crease of nearly $5 trillion— As Skeeter turns the page and begins $4,796,045,625,819.53—during the past 25 that ingredient, they can teach, they can this new chapter in his life, I am re- offer hope, they can provide inspiration, but years. minded of a verse penned by Robert they cannot supply courage itself. For this, f Louis Stevenson: each man—and I would add parenthetically— each woman, must look into his own soul. HONORING SKEETER WEEKS So long as we love we serve; so long as we are loved by others, I would almost say we Paul Tsongas met the challenges of courage, solidly, and squarely. And he asked us to do Mr. LOTT. Mr. President, there are are indispensable; and no man is useless the same. He asked that we each look into those moments as we navigate through while he has a friend. life’s journey in which our path crosses our soul, and find the best within ourselves. In celebration of this special event, I with people of genuine character and To find our courage, and to help us do so, he am proud to declare to the U.S. Senate, led us by example. Time and time again fate compassion. When we come about one Albert Colmer Weeks is my friend. threw enormous obstacles and road blocks in of these persons, it is as if a window is Enjoy your retirement, Skeeter. You his path, but each time, Paul looked within raised allowing the spring breeze to have richly earned it. his soul and responded with courage, deter- enter our very soul. On these rare occa- mination, and driving purpose. I often mar- sions, our spirit is lifted causing us to f veled at Paul’s resolution and strength as we believe anew in the goodness of God TRIBUTES TO SENATOR PAUL E. traveled this country for the last four years. and the magic of his gift to mankind. TSONGAS I wondered what made him persevere. After all, having faced the condition that would’ve Mr. Albert Colmer Weeks of Mr. KENNEDY. Mr. President, last caused most men to lead a more guarded ex- Pascagoula, MS, is one of these rare Thursday, January 23, many of us in istence, Paul ran for president. But after I people. the Senate and House of Representa- came to know him better, I have realized Known as ‘‘Skeeter’’ to his friends— tives attended the funeral service in what motivated him. In short, Paul has an who are many—his life is a testament intense, profound, and enduring love for his Lowell, MA, for our outstanding former family. Ashley, Katina, and Molly, I’m here of service, love, and dedication to his colleague in the Senate, Paul E. Tson- family and community. While Skeeter today not only to mourn your loss and to gas, who died on January 18. The serv- celebrate your dad’s life, but to affirm that counts Pascagoula as his home, he was ice was extremely moving, and the elo- which you already know, you were his inspi- born in Ponchatula, LA, and moved at quent eulogies by his friends and his ration and his motivation. It was out of love the age of 3 to Perkinston, MS, where three daughters were powerful tributes for you that your father found the courage to his father served as a coach, athletic to Paul’s extraordinary life and career. persevere, and to succeed. He wanted the director, and later vice president and I believe that these tributes will be of best for your; for your generation. And he dean of men at Perkinston Junior Col- was willing to fight and to overcome great interest to all of us in Congress, and I hurdles so you too might have the chance to lege. After completing high school in ask unanimous consent that they may Perkinston in 1944, Skeeter was ap- achieve your dreams. Paul looked for the be printed in the RECORD. best in people. He asked us to put aside petty pointed a page in the U.S. House of There being no objection, the trib- differences, and shun the path of least resist- Representatives by his uncle and utes were ordered to be printed in the ance. He asked that we, as a generation, pay former Congressman, Hon. Bill Colmer. RECORD, as follows: our own bills. He implored our government’s As many of my colleagues know, I fiscal irresponsibility, because Paul Tson- FUNERAL SERVICE FOR PAUL E. TSONGAS, gas—like Thomas Jefferson—felt it was im- also worked for Representative Colmer TRANSFIGURATION GREEK ORTHODOX moral, and I heard him use that word so as his administrative assistant for 4 CHURCH, LOWELL, MA, JANUARY 23, 1997 often, immoral, for one generation to bind years. The fateful year in which I EULOGY BY FORMER SENATOR WARREN B. crossed paths with Skeeter in a large another, because it refused to live within its RUDMAN means. We will leave here today, saddened by and substantive way was 1968. By that Niki, Ashley, Katina, and Molly, family of his passing, inspired by his life, enriched by time, Skeeter had been working for Paul Tsongas, former colleagues from the his friendship. We truly give thanks to the Ingalls Shipbuilding for 9 years as di- Congress, distinguished guests, Gov. Wald, Almighty for this marvelous life. rector of public relations. friends: I appreciate this opportunity to be EULOGY BY BRIAN J. MARTIN As director of public relations at with you today, to tell you all how proud I My family. My city. Ingalls Shipbuilding, Skeeter was the am to have called Paul Tsongas my friend. Those were the two things that Paul Tson- one individual most responsible for How fortunate I am to have called him a gas cared about most in the world. planning, directing, and coordinating friend, a colleague, and a man who became a That’s probably not news to anyone here, very large part of my life. To celebrate his the launching, christening, and com- but it is important to remind ourselves of life and to recognize the tremendous purpose that fact, because it is the essence of the missioning of hundreds of ships for the and courage with which he lived is why we man we are remembering here this morning. United States Navy. Skeeter is a big gather here today. Paul as we all know was It is not a complicated concept, In fact, it part of the reason Ingalls is today a soft-spoken man, of tremendous charm, is beautiful in its simplicity. Many of us

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S710 CONGRESSIONAL RECORD — SENATE January 28, 1997 share this philosophy, but few of us live it as Today, when I look around the city, I don’t to do to them. The priests had him arrested, well as he did. despair or worry. I think of Paul fondly when beaten and put into the stocks overnight. His family. His city. I see things he has done to make Lowell bet- And in the morning they took him out of His family grieves today, but they also ter . . . and then I look to see what I can do the pillory, and he should have gone home, know they have been blessed to have had a to make it better still. and he should have licked his wounds, and he husband, a father, a brother, an uncle and So Paul, don’t worry about a thing. We’ll should have been quiet. But not my Jere- son-in-law like Paul. pick up the ball . . . we’ll finish the game. miah. He turned on them, hurling further in- I would like to say to Nikki: You are one We’ll fight hard, and we’ll win. Just like sults, and when questioned why he was invit- of the strongest women I’ve ever known. You you. ing more punishment, Jeremiah cried out: have my utmost admiration and respect. And you know, I’ve got a funny feeling There is a fire shut up in my bones, that is You and Paul lived the greatest love story that you knew all along that we would. so powerful that I am weary from trying to I could imagine. No book, no movie could I’ll miss you, old friend. hold it in. There is a fire shut up in my tell a better one. I love you . . . and I thank you. bones, that is so powerful that I am weary I would like to say to Ashley, Katina and EULOGY BY DR. TAK TAKVORIAN from trying to hold it in. Molly: You probably think the pain you feel A fire shut up in his bones. Something to There are moments . . . there are moments today will never go away, but trust me, it live for that was more important than any- when the future is open. There are moments will. In its place you will have wonderful thing else in the world. An authentic center. when all the preparations in life: the edu- memories of all the happy times you spent A core. A fire in the bones that will make cation, the retirement plans, the hopes and with your father. They will bring you great you fully alive in a way that you have never the dreams are laid aside, and something comfort, and inspire you every day of your been and you will never be any other way. life. happens that is fundamentally unplanned; Paul Tsongas was my Jeremiah. Paul His family, his city. something happens that we cannot control, Tsongas had an authentic core and knew Lowell is my city, too, and I have to admit and we are left with no notion of what comes that fire in his bones. He had a passion and I was worried for it when I heard Paul had next. courage for life that was more powerful, died. A frightening moment. And yet this mo- more important than anything else in the What are we going to do without Paul? ment represents something that is a funda- world and we were all witness to that. Al- Then it hit me. mental gift, an amazing thing, a positive mo- though I knew him personally but 14 brief Paul’s greatest gift to Lowell was not the ment, a creative moment, a moment when years, I am the richer for it because I came National Park, the Lowell Plan, the Boott we have no choice, but a moment when the to know the essence of the man. I came to Mills, the arena or the Spinners. future is open to us. know the courage of the man combating his It wasn’t bricks or mortar, an organization It is a moment when not our plans, but cancer and confronting his own mortality. or even a baseball or a hockey team. maybe some far deeper sense of who we are I came to know the courage of the man It wasn’t his influence or his ability to can take control, sustain us and make the who signed onto experimental and dangerous bring people together to make things hap- future happen. therapy when the bounds of conventional pen. At such a moment, success is measured not medicine had failed. The courage of the man Nor was it the great credit and recognition by health, but by the depth of our very own whose initial hopes for cure were dashed, re- he brought to the city of Lowell through his soul and conviction, by how deeply we laugh peatedly, only to fight the battle again and public service in Washington. and how deeply we hurt and by confronting again and again. The courage of the man who Although I must say, he did make us proud the crux of who we are. to be from Lowell. often said he would re-choose a life with can- That moment has come and gone for Paul cer rather than forego the lessons of these At one time, when people asked me where Tsongas, and in it we have witnessed his suc- I was from, I’d say, ‘‘Boston,’’ or ‘‘Massachu- last fourteen years. cess and we see our own vulnerability. It In the last years of his life, rather than setts.’’ seems as though he would always be here, Now I proudly say, without hesitation, dying day by day, predictably he chose to and yet how more precious is the fleeting live day by day. In his proximity to death for ‘‘I’m from Lowell.’’ And when they ask me, gift. None of us wants it to happen this ‘‘Where’s that?’’, I tell them, ‘‘Next to many a year, he never lost sight of his own way—not cancer and not in our youth. priorities, and they encompassed a far more Dracut.’’ Maybe a heart attack, if it has to be, but not Paul’s greatest gift to his family, to his expansive view of life than most of us could the big C. It is unnerving how much we pre- ever have, in which even the trivial took on city, and to all of us was himself. sume it cannot happen to us. He inspired us. importance. In his proximity to death, he re- And yet Paul met that moment—his mo- He gave us a shinning example of how to mained selfless and he never stopped giving. ment—his defining moment—with courage, live our lives to the fullest, and to make a And rather than retreat behind the mask with determination, with good humor and a difference. of self-pity and involution he reached out He taught us what was truly important in smile—always that self-effacing, Mona Lisa with that extended warm handshake, always life... what our priorities should be. No- grin, infectious in its breadth and optimism, volunteered, which was empowering, cre- body knew how to stop and smell the roses contagious in its enthusiasm and conviction. ating a mutual healing bond, charged and en- I remember the first time we met; my job better than Paul Tsongas. ergized in its commonality. He also showed us how to be brave. was to describe radical new treatment for a His illness gave him an entitlement to His ability to deal with adversity was truly failing situation. I found him hiding in the speak out freely on all issues, without polit- amazing. He taught us never, ever to give up. waiting area under a pile of newspapers— ical encumbrance. It was the obligation of Paul has motivated me, he has inspired which was to become his familiar insignia. his survival, and he defended it with a moral me, and most importantly, prepared me to In my nervousness in the presence of such imperative. His was a ‘‘return to a journey of carry on his vision for Lowell. I can’t wait to a great man, I was wordy in my speech. He purpose’’. But to cancer patients everywhere get started. listened intently, but it was Nicki who asked it had an even more universal message. And I’m not the only one who feels this the questions. With an intensity rooted in In fact, in a life rich with accomplish- way. Because of Paul Tsongas, there are conviction he simply said, ‘‘Let’s do it.’’ No ments, his most unique contribution, which many others in this city who want to con- debate. No challenge. No discussion. Just a humbly even he did not fully realize, may tinue his work, to make Lowell one of the commitment and resolve to battle on. have been his role as consummate messenger best cities in the country. He did set down the rules, though. In ex- to countless others living with cancer. He Some people say we’ll never see his like change for being the model patient, he want- was their model for cancer survivorship. again. But people probably said the same ed an equal partnership, an honest relation- He was a model of courage, empowering thing when Franklin Roosevelt or John Ken- ship, the best that medicine could offer, and them to fight their own malignancies and to nedy died. nothing less than a total commitment from find that strength to do so within them- It is true that there will never be another me, including a promise to laugh at his witty selves; a model even to me, his doctor, when Paul Tsongas, but there’s always someone to jokes! I broke my neck in the surf and needed guid- pick up the torch and carry on. I knew then and there that I was in the ance and encouragement to move on. He ‘‘We all will die someday,’’ Paul wrote. presence of a one-of-a-kind, special guy, and showed them how far one could go and that ‘‘And on the next day, the sun will still be I dug in my heels and braced myself for the they too, even in the shadow of cancer, could shinning somewhere, the rain will still be ride of a lifetime, only now ended. We bonded go for their dreams and never abandon their falling somewhere, and the moon and stars then and there, and I joined the community beliefs. Win or lose, no dream is too large not will still be in their place. The earth is time- of friends who benefited from his aura. to be pursued at any risk, compared to the less, not those who inhabit it.... I want to tell you a story about one of my risk of life itself. ‘‘And eventually, the next generation will heroes of all times. He happens to be Jere- He did not compose his life or construct his have its term at the helm.’’ miah, but he could have been Paul Tsongas. life or carefully plan or reason it out or dis- Perhaps someone right here in this church One day he carried a clay pottery flask into cipline it or calculate how to advance within will someday become a city councilor, a con- a courtyard, explaining to all who had gath- it—he just tried to live it. He just tried to gressman, a senator, or even president, be- ered that they were doing wrong in the sight find that authentic center, that core of who cause he or she was inspired by Paul Tson- of God. He then smashed the pottery to the he was and to live it for all it was worth, no gas. ground to demonstrate what God was going matter what the consequences.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S711 The man seemed bigger than life due to the Of course, there’s the legendary directness grumble. We failed to grasp that it was that enormity of his ideas and accomplishments, and the competitiveness. It showed up not politically reckless candor—that refusal to but what remains are the memories of the only in the uphill campaigns and the senior evade when faced with tough questions—that essence of the man. Cancer did not kill his swimming meets, but everywhere. One night was Paul’s hallmark and his greatest polit- spirit, his humor, his shy warmth, and these we were at a particularly boring show and ical strength. Voters felt instinctively that are the gifts that we will have forever. It was Paul buttonholed me to talk in private. At even if they didn’t totally agree with him his quiet, unforced, completely natural, sin- the time we each had two children. Without they could trust him—and they were right. cere love and joy of humankind that at- any preliminaries he asked, ‘‘Are you and Two years later, I had signed on to run tracted us all to him, and he never let us Wendy going for three.’’ I said, ‘‘We’ve got Paul’s longshot—and I mean longshot—can- down. He loved people. He loved children. He the Jeep and the Chevy and our oldest child didacy for Congress. I came up to Lowell for loved his family and friends. He loved this is only nine, why do we need . . .’’ He cut me a first strategy meeting the week Ashley was town. He loved this country and what it off, with a really withering look and said, born and she was all Paul wanted to talk might become. We all felt safe in his intel- ‘‘No, are you going for another kid.’’ With- about. A democratic state committeeman lect, loved in his heart and ample in his com- out thinking, or asking what business it was from Lawrence was meeting with us and pany. of his, I said ‘‘Yeah, are you?’’ He shot back, when Paul said he had been in the birthing An authentic core. A fire in the bones that without a moment’s reflection, ‘‘Sure.’’ But room with Niki as Ashley was born, the com- could not be extinguished by cancer. for that conversation there might never have mitteeman said ‘‘That must have been dis- He never came to age and walk on safer been a Molly Tsongas or a Katie Kail. gusting’’. I still remember Paul’s reply ‘‘Ac- ground and treasure the memory of what he And then there is the extraordinary sense tually Jake, it was the most beautiful expe- had accomplished, but therefore time will of timing, the daring and the luck. I don’t rience of my life.’’ Even then, his family was never dim for him what others lose or never only mean in deciding to run as a Democrat his focus. find or never even seek. He possessed life for a House seat in a district that had been Although I had worked in many campaigns with so much more, when ill-health, and not Republican for nearly a century or risking up till then—I was in my late 20’s—I had the vision, deceived him. that same seat, after it had become safe, to never met a politician quite like Paul. When In closing, let me quote from the poem challenge the only African American in the he made a decision, he did it quickly—some Ulysses by Alfred Lord Tennyson: Senate, or seeing an opening when a sitting would say impulsively—and was willing to . . . Come, my friends, President’s poll numbers were in the strato- take big risks. When he ran for the Senate in ’Tis not too late to seek a newer world, sphere. I mean even in board games. There 1978 he first considered the idea on April 30th Push off, and sitting well in order smite was this Trivial Pursuit grudge match be- of that year and announced his candidacy 18 The sounding furrows; for my purpose holds tween the families on New Year’s Eve, 1984. days later. He was simply undaunted by the To sail beyond the sunset, and the baths Both teams were on the verge of the winner’s most formidable of odds. So when he sat Of all the western stars, until I die. circle, but we were up first, and victory was down on the couch in my office at Foley, It may be that the gulfs will wash us down; clearly in our grasp. Our question: ‘‘How Hoag at the end of 1990 and said ‘‘I have a It may be we shall touch the Happy Isles, many colored squares make up a Rubik’s crazy idea . . .’’ I knew I was in trouble. And see the great Achilles, whom we knew. cube?’’ Our son, Tommy, who was 6 whis- Those five words were the starting signal for Though much is taken, much abides; and pered 54; I ignored him, did some quick cal- one of the most underfinanced and improb- though culations, and said 128. Tommy was right. able presidential campaigns in history. It We are not now that strength which in old Paul pulled the card with the Tsongas ques- seemed like a crazy idea then. It doesn’t days tion. I was hoping for ‘‘Name Alex Haley’s now. We all have our fears but Paul seemed to Moved earth and heaven; that which we are, third novel’’ or ‘‘Where was Sky King’s have so few. I will never forget that terri- we are; ranch’’ or ‘‘What emblem is in the center of fying night in 1983 when we crossed the Al- One equal temper of heroic hearts, the Pakistani flag?’’ But, no. I could not— lenby Bridge between Jordan and Israel, on Made weak by time and fate, but strong in and still cannot—believe the question he had foot, alone, in pitch blackness—something will drawn: ‘‘What is the address of the White no civilian had ever done and lived to tell— To strive, to seek, to find, and not to yield. House?’’ because Paul didn’t want to miss a critical When I think of these stories and others I My belief is that our only hope is to have meeting with Prime Minister Begin in Jeru- have heard they do make me think of Paul a lot more heroes. A lot more heroes of salem the next morning. I still remember Tsongas and the lessons of his life: Follow mythic proportion, a whole lot more men King Hussein waving us good luck as we left your instincts; Ask the tough questions; Lis- like Jeremiah, Ulysses and Paul Tsongas, his palace for the bridge and Rich Arenberg ten to your children; Take what you do seri- who are willing to live life fully and authen- and I trembling as we walked across in single ously, but not yourself; and And never give tically. His life challenges us to live life file behind Paul using him as a shield to pro- up. from the very depths of who we are, with a tect us—his aides—against sniper fire while love that grips at our guts, tugs at our Paul Tsongas was a one of a kind. And we will miss him more than words can say. he just chuckled at our timidity. hearts and with a . . . was my patient, my Paul was tough but he was also remark- friend, and my hero, Paul Tsongas. EULOGY BY DENNIS KANIN ably gentle and caring. In our 25 year history May God in His wisdom give us the I first met Paul a quarter of a century ago together, I can’t remember when he truly strength in our similar journeys and keep at the Middlesex County Reform Caucus. I lost his temper. I’m not counting when he ever illuminated the inspiration that he was was a delegate from Cambridge and he was played softball or charades. And even in the for us. one of three candidates vying for two slots hours of his greatest adversity, he wanted to EULOGY BY F. MICHAEL KAIL on the reform ticket for County Commis- know how you were doing. A few months ago The very things that made Paul Tsongas sioner. That was the first time that I had the I was suffering from a couple of ruptured different—unique—as a politician made him chance to vote for the man whose campaigns disks—not one of your major ailments—and special as a person. And that is what I would I would manage, whose House and Senate of- Paul kept asking how I was doing when he like to share with you today. This is not fices I would run, who would become my law couldn’t even get off the bed. But that’s how meant to be sad, Niki asked that it not be partner and dearest friend. I voted for the he was. sad. And I don’t think Paul would mind if other guys. They were friends of mine and I Paul saw the value in every situation, no this made you secretly smile a little. didn’t know Paul. But I redeemed myself matter how bad it might seem on the sur- To begin with, there is what the press is when the race went to a second ballot. That face. Two weeks ago yesterday when we fond of calling the ‘‘self-deprecating,’’ or as was after I asked the three of them who they talked to him about the lack of success with one paper put it ‘‘self-depreciating’’ humor. I were supporting for President that year. My the first shunt procedure, he smiled and said remember a birthday party for Niki in the two friends hemmed and hawed and told ‘‘What do you mean it wasn’t successful? I’m mid-1980s. Paul looked great, but his hair me—correctly—that one’s personal choice here aren’t I?’’ When an interviewer asked was definitely not all the way back from the for President had no relationship to running him about his cancer back in 1984 Paul said chemotherapy. Niki was beautiful, but had a county. When I asked the stranger from that if hadn’t had it, he would never have misplaced her contacts and was forced to Lowell, he didn’t bat an eye and answered come to fully appreciate so much of what wear some old, very non-designer glasses. matter-of-factly ‘‘John Lindsay’’. Although I was staring him in the face—the beauty all Towards the end of the evening Paul rose, to was no Lindsay fan (and I suspect Paul was around us that we take for granted. In read- propose a toast to Niki, whom he asked to his only supporter in Massachusetts that ing his book Heading Home the other night, rise as well. He looked at her and then year), with those two words, Paul won my I found this passage describing the most turned to the guests, all of whom were wait- vote—and more. poignant lesson he drew from his adversity. ing expectantly for some memorable words. It was a defining incident—a window into He wrote: ‘‘After the children were in bed, Paul did not disappoint. Gazing into Niki’s the personality of Paul Tsongas. I was soon Niki and I would talk about the pleasure of glasses and then rolling his eyes up to his to discover that this was the most centered being together like this. We had experienced bald head he said, ‘‘I am sure, seeing us and secure person I have even known—at the power and the glory, the excitement and standing before you tonight, you can under- peace with who he was. Perhaps that’s why glamour of national politics . . . But in the stand the true meaning of ‘‘Love at first he was so honest, sometimes so painfully next room asleep were what gave us true joy. sight.’’ honest as we on his young staff used to And we had each other . . . the cancer had

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caused me to understand what truly made the ground you walk on or the air you EULOGY BY MOLLY TSONGAS me happy and what counted.’’ breathe, and we never doubted the existence One day in fifth grade, my principal an- I think it is important to remember that of our father’s love. Even in the middle of a nounced over the intercom that all the fifth- Paul had always tried, even before he learned four-hour car ride, when the incessant sound graders should report to the playground. We he had cancer, to balance family and career. of snapping gum and the muffled screams of followed orders and made our way outside, As it was, he rarely went on the usual circuit smaller, weaker children emanating from where I was stopped dead is my tracks by the of Washington cocktail parties and trade as- the back seat had begun to wear on his most humiliating sight my 11-year-old eyes sociation receptions because he wanted to be nerves, and it became abundantly clear that had ever beheld. There was my dad handing home with Niki, Ashley, Katina, and Molly. he didn’t like us too much at tha moment, it out trash bags to my skeptical classmates We on his staff who had no kids or failed to would never occur to us that we had been and encouraging them to participate in pick- share his priorities found this maddening— ejected from our position at the center of his ing up all the trash scattered around the and Paul knew it and didn’t care. But the universe. playground. And then further down the road, when we’d cancer did crystallize his feelings further If I wasn’t mortified enough, he had pack- exhausted ourselves and drifted into sleepy and he found, as he put it, that ‘‘the family ages of Oreos and Fig Newtons as our re- silence as a Red Sox game crackled on the was where I fulfilled my human aspirations. ward—two per person. As if any respectful radio, he’d reach back and touch each one of The Senate had become an obstacle to that.’’ fifth-grader ever ate Fig Newtons. I scurried us and we’d be reminded how much we loved Paul found his happiness—real happiness— to pick up every piece of trash and shove planting flowers in Kittredge Park or being him too. I’m having trouble realizing he’s gone. every Fig Newton down my throat to end out on the boat at the Cape with Niki and this fiasco as soon as possible and send my the kids or sitting around a Thanksgiving During the events of the last couple of days I keep wondering at the absence of a keynote dad on his way. dinner with his family and close friends or Looking back, I realize that I was not sur- watching Ashley play rugby or Katina at speaker, expecting my dad to walk in at any moment. It’s hard to believe the man who of- prised to see him do this. I did not even ques- hockey or Molly dancing. tion him. But I know that he was just trying His values seemed old-fashioned to some fered to fax me a copy of his less-than-im- pressive college transcript when I was stress- to get me involved in keeping my school and but I don’t think Paul Tsongas ever felt emp- city clean, that I had a place to be proud of tiness from the day he married Niki. A few ing about my grades is no longer going to offer me academic solace. And at rugby, it and I would not allow others to do the job for weeks ago, someone at the hospital asked me. Through bringing me around to the de- Paul how he was doing and he replied ‘‘fine won’t be the same without my dad in the sidelines armed with apple cider and blind velopments on the arena, the ball park or . . . as long as Niki’s only three feet away’’. even the making of a new Market Basket, he While he was strong for others she was his admiration. And with the absence of my father, who made me realize someone as normal as my strength, whether it was campaigning for treated me as a person with legitimate ideas dad could make a difference if they just get him around the country or caring for him from as far back as I can remember, I know up and do it. This spirit of his is something through their long and courageous struggle that I wil now have to push myself to come I will always remember and hopefully lead together. up with real answers instead of easy ones. my life by. Paul told Carol Beattie, his nurse at Dana But these things and countless more were However, in the long run, the politician or Faber that he had accomplished what he merely expressions of his love for me. And the man of Lowell is not who I am going to 1 wanted most his remarkable 13 ⁄2 years since though my dad’s no longer here, his acts of miss. I’m going to miss my dad and the way he learned he had cancer—to see his daugh- love over the last 22 years have created a he always ate his English muffins with but- ters grow up. I would add that they didn’t kind of momentum that will carry me ter and jam, or how he’d wake up at 8 o’clock just grow up; they grew up to be people with through the rest of my life. and swim across Schoolhouse Pond, or water the same kind of values and decency and car- EULOGY BY KATINA TSONGAS Kittredge Park, or seeing him excitedly ing as Niki and Paul. That is quite a testa- jump out of his chair during charades, or ment. When confronted with the possibility that he might not live to see us grow up, my fa- how he’d take us to some random field to Senator Kennedy called Paul a profile in play baseball, or how he’d tell me that I was courage and he surely was—a profile in both ther became concerned about our future and valued the time which he was able to spend a good kid. I’m even going to miss him help- personal and political courage. His presi- ing me make my bed or trying to pick up my dential campaign epitomized both those with us. His realization of his own mortality shaped the way in which he lived his life clothes from the bathroom floor. qualities. Paul had won 10 primaries and cau- No matter how many times I reassure my- cuses to Bill Clinton’s 13 when he decided to with us, but he did not allow it to dictate how he lived. He was able to live in the self that he had a wonderful life, he did a lot drop out. He knew that if stayed in, he could of amazing things, some of which I’ve just deny Clinton the nomination and assure present while always providing for our future. realized, nothing can make me stop wishing himself the role of a kingmaker at the con- that my dad was here right now. vention. But that was not the purpose of his Each time he defeated his illness he made candidacy. Paul had run because he believed the best of the time he earned. We lived the f in something. While he lost the Presidency, last 13 years in a way which was normal, and he had won something that was for him far that normality is what made them so great TRIBUTE TO SENATOR PAUL more profound. He had changed the debate and what gave me so many great memories. TSONGAS But these memories were not forced; they about the future of his country and about its Mr. FEINGOLD. Mr. President, when ability to confront the federal deficit. That, were not created by my father as a way to ensure that he would not be forgotten. The then-Representative Paul Tsongas of too, grew out of his experience with cancer Lowell, MA, was running for the U.S. and his determination not just to know his memories I have of the last 13 years are children but to secure their future and that memories of a father who loved me and made Senate in 1978, a newspaper columnist of their generation—what he called ‘‘the ob- the best of the time he had. He never let any- referred to him rather dismissively as ligation of my survival’’. It took courage to thing get in the way. ‘‘an obscure first-term Congressman.’’ In thinking about my father in the last few run in the first place, risking ridicule—and it Candidate Tsongas responded quickly days, I have realized what an extraordinary was there in the early days. It took courage to correct the error, saying, ‘‘I’m an man he was. I have never been able to under- and integrity to insist that a candidacy of stand what it was exactly that inspired those obscure second-term Congressman.’’ principle could not compromise on prin- New Hampshire campaigners to work day That was Paul Tsongas, meticulous ciples. Now the issues he raised in 1992 are at and night for a cause which was less than with the facts, parrying an attack with the center of America’s public discourse. He promising. I know now what it is they saw, lit the way. laughter, and always keeping on course and it remains with how many lives he I have often thought that I didn’t have liv- to his goal. touched and how many people grew to love ing heroes but I realize now that I was Mr. President, Paul Tsongas em- him. I only wish that I could have realized wrong. Paul was my hero. I wish I could have bodied the best qualities of a public how great he was when I was still able to tell told him that before he died. What I did tell servant. Uppermost in his mind was him. him was that I loved him and what a good My dad’s ability to live a normal life at the responsibility to make his commu- friend he was but I know that in that I am home is what now makes it possible for me nity, his district, his State, his Nation, not alone. For so many others across this to see him as the amazing man that he was, his world a better place than he found city that he helped to rebuild, across this but remember him as my father. Dad, we state that he loved and served so well, across it. Part of that responsibility was to just wanted to tell you that we are going to this land that he awakened to a new reality, speak plainly the truth as he saw it, be okay. You’ve made our city, state, coun- and across the generations to come whose even when speaking the truth might try, world and home better and more impor- freedom from unsustainable debt will be his undermine his own ambitions. tantly you married an incredible woman who legacy; they have lost a good friend as well. is the best mother we could hope for. We During the 1992 Presidential cam- EULOGY BY ASHLEY TSONGAS miss you so much, and we’re going to miss paign, for example, Senator Tsongas Our father’s love for us was fundamental to you every day for the rest of our lives. We insisted on warning the American peo- our lives. You don’t question the existence of love you, Dad. ple, over and over, about the looming

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S713 threat posed by our national deficit. He Mr. GREGG. Mr. President, I ask But, in the context of the balanced refused to embrace tax cuts, instead in- unanimous consent that the order for budget amendment, the way it is being sisting that fiscal responsibility and the quorum call be rescinded. presented is, I think, a bit of an obfus- prudent policy were the keys to bring- The PRESIDING OFFICER. Without cation of what is actually the situa- ing the Federal budget back into bal- objection, it is so ordered. tion. Because what is being rep- ance. Mr. GREGG. Parliamentary inquiry, resented, if you want to get down to Because we shared a commitment to are we in morning business? the simplest statement of it, what is deficit reduction, Senator Tsongas The PRESIDING OFFICER. The Sen- being represented is that today the So- came to Wisconsin in 1992 to campaign ator is correct. The Senator is per- cial Security funds are essentially for me in my Senate race. Deficit re- mitted to speak up to 10 minutes. being raided to operate the Federal duction was the centerpiece of my f Government. That is the basic argu- campaign effort, and, like Senator ment that is being made on the other THE BALANCED BUDGET side. And the argument therefore fol- Tsongas, I took the position that mas- AMENDMENT sive new tax cuts would undermine our lows that we should not do that, we efforts to reach a balanced budget. It Mr. GREGG. Mr. President, I rise should only use revenues that are was heartening to me to have Senator today to speak a little bit about the available for the purposes of operating Tsongas’ support and encouragement. balanced budget amendment which is the Government in order to operate the His principles of fiscal responsibility being brought forward on this floor in Government. and prudent policymaking led Senator the near future. It is obviously one of In other words, if we raise $1 of taxes Tsongas, after ending his quest for the the most significant items that this to pay for defense or to pay for edu- Presidency, to join with another Congress will deal with. As we all cation or to pay for any variety of things that we do at the Federal level, former Senator, Republican Warren know, in the last Congress it passed that is where that dollar should go. But Rudman, to form the Concord Coali- the House and unfortunately failed if we raise $1 for purposes of the Social tion, an organization that has become here in the Senate by one vote. Security trust fund through the with- one of the leading voices for deficit re- So it is a matter of substantive pol- holding tax, if we raise that dollar, it duction. icy which we must attend to, and should only be spent on Social Secu- While I did not have the opportunity which we as a Congress should pass. rity. And to set up a balanced budget to serve with Senator Tsongas, our phi- There are a lot of reasons for passing amendment which may in some way losophies often crossed paths. I have the balanced budget amendment. The use those dollars to operate the general been proud to have had the support of most important, in my opinion, is that we put in place procedures in this Na- Government is unfair and inappro- the Concord Coalition on various def- priate to seniors who deserve that icit-reduction efforts, and I have been tion which will not allow one generation to take from another generation money to support them. inspired by Senator Tsongas’ vision, This argument makes sense just stat- energy, courage, and dedication, both its opportunity for hope and for economic prosperity. Unfortunately, every ed in that way. But it does not make on this issue and in the practice of pub- any sense if you look at the substance time we go to the well and borrow lic policymaking generally. of the way Social Security works. money here, as a Congress, we are re- Mr. President, I had only recently Today, in fact, it raises some very seri- quiring our children to pay that debt. begun my own career in public service ous concerns about what the promoters It truly is unfair for one generation, when Paul Tsongas announced he of this argument really want to do which has benefited so much from the would not run for re-election in 1984, with the Social Security trust fund. greatness and energy and prosperity of because he had been diagnosed with Because today the way the Social Se- our Nation, to be taking from another non-Hodgin’s lymphoma. He wanted, he curity trust fund works is this. You generation its ability to also benefit said, to spend more time with his fam- pay $1 into the Social Security trust ily. from that greatness, energy, and pros- fund. That $1, as a working American— He endured bone-marrow transplants, perity. But that is what we do, we run whether working on an assembly line a treatment that was experimental at up the debt of the United States and in Detroit or whether you are working the time, and he eventually came back, pass it on to the next generation. as a computer programmer in New first to chair the Massachusetts Board In dealing with the balanced budget, Hampshire —you pay $1 into the Social of Higher Education, then to run for there has been a lot of discussion as to Security trust fund and that dollar is President and then to cofound the Con- how it should be structured, how this immediately paid out to support some- cord Coalition. constitutional amendment for a bal- body who is on Social Security today. Even as he was working in the high- anced budget should be structured. One Social Security is a pay-as-you-go sys- est circles of American politics, he al- of the primary arguments that has tem. Today, under the system as it is ways kept close contact with his be- been made, on the other side of the structured, more people are paying loved hometown of Lowell, where he aisle especially, is that any balanced into the fund than are taking out of served on the city council in the late budget amendment must not include in the fund in total dollars. If you dis- 1960’s and where he is recognized as one its calculation the receipts that flow count interest payments as a technical of the community leaders who help re- into the Social Security trust fund for thing, basically you are paying $29 bil- vive that former mill town. the purposes of determining whether or lion more into the Social Security fund Mr. President, in April 1963, Paul not the Government is in balance. This than is taken out of the Social Secu- Tsongas was serving in the Peace Corps is what is known as the Social Security rity fund, for the purposes of paying in Ethiopia, and he wrote then-Atty. argument. seniors their support under Social Se- Gen. Robert Kennedy, asking for help I think it is put forward for a variety curity. in securing a party worker’s job in the of reasons, some of them substantive So the senior citizen might say, or upcoming national elections. In that and, regrettably, some of them polit- some from the other side of the aisle letter, the 22-year-old Tsongas told ical. We all know whenever you raise seem to be saying, ‘‘Well, that $29 bil- Kennedy, ‘‘I feel confident that I have the issue of Social Security you not lion should be available to Social Secu- the raw material to become a success- only gather the attention of a number rity and only Social Security. Because, ful public servant.’’ of Americans but, in many instances, if after all, it was raised with Social Se- A typical understatement from Paul you raise it in certain ways you scare curity taxes.’’ I am willing to accept Tsongas, Mr. President. He will be a lot of Americans because many that as an argument; as an argument. missed. Americans’ lifestyles, their ability to But how does it actually work? How Mr. President, I yield the floor, and I exist financially and their capacity to does it actually work? suggest the absence of a quorum. make it from day to day, depend on Under the law, what do the Social Se- The PRESIDING OFFICER. The their capacity to receive Social Secu- curity trustees do with this extra $29 clerk will call the roll. rity and the support of Social Security. billion they will receive this year that The bill clerk proceeded to call the It has been an extraordinarily success- they are not going to pay out in bene- roll. ful program. fits? Do they invest it in the private

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S714 CONGRESSIONAL RECORD — SENATE January 28, 1997 sector or put it in a savings account fund and therefore somebody else is give them a tax cut, basically, on their designated to a senior’s name? Do they going to have to borrow the money, payroll tax and let them put that sur- in some other way hold that asset for they are going to have to lend it to plus, that percentage of their payroll the benefit of that senior citizen, for somebody else, is to say you are going tax that represents that surplus, which the benefit of a senior citizen or for the to privatize—that is what they are sug- is about 1 percent, in their own savings benefit of the wage earner who paid gesting—they are going to suggest account so they can save for them- into the trust fund? No, they do not. privatizing the surplus of the Social selves for retirement. But that is not They do not. Why don’t they? Because, Security fund. Not designated to any the issue here. under the law, the Social Security individual contributor or taxpayer, The issue here is whether the other trustees can only do one thing with which I happen to think makes sense, side really believes they want to pri- that surplus, with that extra $29 billion but, rather, just simply you cannot in- vatize the surplus, and if it is not their they are taking in this year they are vest Social Security funds in the Fed- position they want to privatize the sur- not spending for benefits. They can eral Government any longer, you have plus, essentially what they are saying only lend that money to the Federal to invest in some other vehicle. That is they want a bookkeeping event to Government. They cannot lend it to is, in practice, what they are pro- occur, because they are still going to anybody else. They can only lend it to posing. They are not saying that be- let the Federal Government borrow the the Federal Government under a spe- cause they are using the political cover money under one scenario, under a bal- cial loan document that yields a spe- of this hocus pocus about Social Secu- anced budget, and they borrow it under cial interest payment. rity. one set of books. Without the balanced So the money goes back to the Fed- But in practice, that’s exactly what budget, they would balance it under eral Government and is spent by the they are presenting as their concept. another set of books. But as a practical Federal Government as a loan. That OK. matter, the effect would be the same. means the $29 billion is not in some If that isn’t the alternative, if the al- The budget would be balanced. special savings account for a senior cit- ternative is you should have to invest Is my time expired? I ask unanimous izen or for the wage earner who paid it in something other than the Govern- consent for 5 more minutes. in. It is not in some special stock ment with the Social Security surplus, The PRESIDING OFFICER. Without agreement, stock certificate. It is not then the other alternative is—what objection, it is so ordered. invested in IBM or General Motors, or they are saying—we’re looking at a Mr. GREGG. Mr. President, what we have here is a great political game. not invested in a mutual fund like the bookkeeping event, because if the Fed- There are a lot of people who don’t Fidelity fund. It can only be invested eral Government is allowed to borrow want a constitutional amendment to in the Federal Government. the money from the Social Security balance the budget because they don’t Of course, what is the Federal Gov- trust fund, if the Federal Government want the Federal Government to be put ernment going to do with that $29 bil- is allowed to borrow the surplus from under the restraint of fiscal responsi- lion? Is it going to sit on it? Hold it the Social Security trust fund, then bility, and they ought to step forward under a mattress? Of course not. What what is the difference from today? and say that. They should not be hid- the Federal Government does with that There isn’t any difference. ing behind the Social Security argu- $29 billion is it operates the Govern- Today, the Federal Government, for ment, because it is fallacious, as I have ment of the United States. If the $29 the purposes of operation, borrows the just mentioned. billion that is being lent to the Federal money from the Social Security trust Or—here is another point—if they are Government by the Social Security fund, gives the Social Security trust going to make this point with the So- system were not available to the Fed- fund a debt instrument and pays inter- cial Security trust fund, that it should eral Government, the Federal Govern- est on it. What they are suggesting is be outside the unified budget, that it ment would have to go out, theoreti- either, one, that shouldn’t occur under should not be part of the budgeting cally, and borrow it from somebody their proposal, which means they are process and the surplus should not be else, borrow it in the marketplace by calling for the privatization of the sur- accounted for under the process, but issuing Treasury notes. So, what you plus, or, two, if it should occur, then that we create a new accounting meth- have here, essentially, is a pay-as-you- there’s no difference from today, od, which has the same effect as a prac- go system. Everything that is paid in is they’re just talking about a book- tical matter, then why aren’t they paid out. But to the extent it is not keeping event. Instead of the Federal making the same point with the Medi- paid out, to the extent there is a sur- Government accounting for it one way, care trust fund? plus, the money has to go to the Fed- the Federal Government will account Why? Well, I will tell you why. Be- eral Government. for its borrowing another way. But the cause if they were to make that point What the other side is saying is the fact of the matter is, the Federal Gov- with the Medicare trust fund, you Federal Government should not be al- ernment is still borrowing the money, would see that their argument would lowed to use that money for the pur- and there will be absolutely no dif- require them to fill a huge Medicare poses of accounting for its budget, as ference. hole. Medicare is going broke. The to whether or not it is balanced. As a So this argument from the other side trust fund is going broke. It does not practical effect, what does that mean? is highly specious. It cannot be de- have a surplus. What does it really mean, what they fended on the basis of substance. It can Here is a chart that has just been put are saying? It means one of two things. be defended on the basis of politics, I up. This chart reflects how much the It means either: First, they want all admit to that. This is great politics: Medicare trust fund is going broke. that surplus invested in something Let’s trot out the old Social Security This is a bar chart, and we can see the other than Federal-issued debt, they again. Let’s scare the seniors. But on Medicare trust fund began last year, I must want it invested in the stock the basis of substance, it has no legs. guess, actually, in the deficit. Then market or maybe they want to invest All you have to do is look at the fact next year, it is a $48 billion deficit; in it in real estate, or maybe they want to of the matter and recognize it has no 2005, it is a $91 billion deficit, and it is invest it in futures funds or maybe legs, because I don’t think these folks a geometric progression from there, re- they want to buy into the Albanian over there on the other side of the aisle flecting the tremendous imbalance in Ponzi scheme. But they do not want it who are suggesting this are suggesting the Medicare trust fund, which we all invested in the Federal Government. we privatize the surplus, that we allow know exists which, unfortunately, was That is the first thing it means. That the surplus to be willy-nilly invested in denied during the election and any pro- is the first alternative. the market. posals to address it. I happen to have a I have to say that is a very dangerous I happen to think there are some couple that are fairly substantive idea. Many people have considered that strong arguments—this is another which have been met with a bit of dem- idea and it has been of significant con- whole issue—if we are taking that sur- agoguery. cern. But to just arbitrarily say the plus and rather than taxing it, rather The fact is, this exists, and the ques- Federal Government will not be able to than raising it through taxes, allowing tion becomes, why wouldn’t the prac- borrow money from the Social Security the wage earner to retain that surplus, tical arguments that are being made on

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S715 Social Security for taking it off budget and actually look at the substance, be- (D) will disclose the identity of any in- be made on the trust fund for Medicare cause on the substance, the Social Se- former or law enforcement agent or will dis- to take it off budget? curity argument, as presented—the So- close any information relating to the inves- The obvious reasons are that the tigation or prosecution of a criminal offense cial Security position, as presented— that is required to be kept secret in the in- folks on the other side who are making does not have any legs. You could terests of effective law enforcement; this argument are not making this ar- present it so it did have legs, but, in (E) will disclose information relating to gument for substantive purposes, they this instance, that is not the case. the trade secrets or financial or commercial are making it for political purposes. Mr. President, I yield back the re- information pertaining specifically to a The politics of the situation require mainder of my time. I suggest the ab- given person if— that they not talk about the Medicare sence of a quorum. (1) an Act of Congress requires the information to be kept confidential by Govern- trust fund problem, but rather that The PRESIDING OFFICER. The ment officers and employees; or they talk about a nonexistent Social clerk will call the roll. (2) the information has been obtained by Security issue, as of today—a major The assistant legislative clerk pro- the Government on a confidential basis, Social Security issue down the road, ceeded to call the roll. other than through an application by such but as of today, a nonexistent Social Mr. WARNER. Mr. President, I ask person for a specific Government financial or Security problem. unanimous consent that the order for other benefit, and is required to be kept se- But if they were to raise the Medi- the quorum call be rescinded. cret in order to prevent undue injury to the competitive position of such person; or care issue, then they would have to ask The PRESIDING OFFICER. Without (F) may divulge matters required to be about how they are going to address objection, it is so ordered. kept confidential under the provisions of law the fund question, because if you use f or Government regulations. (Paragraph 5(b) of rule XXVI of the Standing Rules.) their logic for the Medicare trust fund, RULES OF PROCEDURE OF THE they would have to come up with a pro- 3. Written notices of committee meetings SENATE COMMITTEE ON RULES will normally be sent by the committee’s posal this year, if the balanced budget AND ADMINISTRATION amendment were passed with the So- staff director to all members of the committee at least 3 days in advance. In addi- cial Security language that has been Mr. WARNER. Mr. President, I would like to remind all committee chairmen tion, the committee staff will telephone re- proposed, but if that Social Security minders of committee meetings to all mem- language was also applied to Medi- that as required by rule XXVI of the bers of the committee or to the appropriate care—Medicare being a trust fund as Standing Rules of the Senate, ‘‘The staff assistants in their offices. important to seniors as Social Secu- rules of each committee shall be pub- 4. A copy of the committee’s intended rity, I would argue, and, in many in- lished in the CONGRESSIONAL RECORD agenda enumerating separate items of legis- stances, even more important because not later than March 1 of the first year lative business and committee business will normally be sent to all members of the com- it is a health care insurance—well, of each Congress. * * *’’ The Committee on Rules and Admin- mittee by the staff director at least 1 day in then this year they would have to come advance of all meetings. This does not pre- up with a proposal to bring into bal- istration adopted the following rules of clude any member of the committee from ance the Medicare trust fund to the procedure for the Committee on Rules raising appropriate non-agenda topics. tune of $48 billion—$48 billion. And and Administration at the committee’s 5. Any witness who is to appear before the that would create some significant pol- organizational meeting today. I ask committee in any hearing shall file with the icy questions. unanimous consent that they be print- clerk of the committee at least 3 business That is exactly what we should do, of ed in the RECORD. days before the date of his or her appearance, a written statement of his or her proposed course, and exactly what I hope we will There being no objection, the material was ordered to be printed in the testimony and an executive summary there- do. But the fact is, the reason it is not of, in such form as the chairman may direct, being discussed in this debate is be- RECORD, as follows: unless the chairman and the ranking minor- cause it means you have to face up to RULES OF PROCEDURE OF THE SENATE ity member waive such requirement for good the hard policy decisions that are in- COMMITTEE ON RULES AND ADMINISTRATION cause. volved in balancing the Medicare trust TITLE I—MEETINGS OF THE COMMITTEE TITLE II—QUORUMS fund. 1. The regular meeting dates of the com- 1. Pursuant to paragraph 7(a)(1) of rule So if you are going to separate the mittee shall be the second and fourth XXVI of the Standing Rules, 9 members of Social Security trust fund, why not Wednesdays of each month, at 9:30 a.m., in the committee shall constitute a quorum for separate the Medicare trust fund? The room SR–301, Russell Senate Office Building. the reporting of legislative measures. Additional meetings may be called by the 2. Pursuant to paragraph 7(a)(1) of rule fact that they are not separated, I chairman as he may deem necessary or pur- XXVI of the Standing Rules, 6 members shall think, shows the political nature of suant to the provisions of paragraph 3 of rule constitute a quorum for the transaction of this Social Security argument. XXVI of the Standing Rules of the Senate. business, including action on amendments to So that is just a quick recitation or 2. Meetings of the committee, including measures prior to voting to report the meas- response, if you will, to those folks who meetings to conduct hearings, shall be open ure to the Senate. got on the floor today giving us the So- to the public, except that a meeting or series 3. Pursuant to paragraph 7(a)(1) of rule cial Security sales pitch. of meetings by the committee on the same XXVI of the Standing Rules, 4 members of The fact is that the initial proposal subject for a period of no more than 14 cal- the committee shall constitute a quorum for the purpose of taking testimony under oath to take Social Security out of the bal- endar days may be closed to the public on a motion made and seconded to go into closed and 2 members of the committee shall con- anced budget amendment proposal session to discuss only whether the matters stitute a quorum for the purpose of taking means one of two things: One, they ei- enumerated in subparagraphs (A) through testimony not under oath; provided, how- ther want to privatize the surplus and (F) would require the meeting to be closed ever, that in either instance, once a quorum have it invested in places other than followed immediately by a recorded vote in is established, any one member can continue the Federal Government or, two, they open session by a majority of the members of to take such testimony. are just going through a bookkeeping the committee when it is determined that 4. Under no circumstances may proxies be the matters to be discussed or the testimony considered for the establishment of a game, because the Federal Government quorum. will continue to borrow the money. to be taken at such meeting or meetings— (A) will disclose matters necessary to be TITLE III—VOTING The fact that they haven’t included kept secret in the interests of national de- 1. Voting in the committee on any issue the Medicare trust fund only reinforces fense or the confidential conduct of the for- will normally be by voice vote. the superficiality of their position and eign relations of the United States; 2. If a third of the members present so de- the fact that their position is political (B) will relate solely to matters of the mand, a record vote will be taken on any and not substantive. committee staff personnel or internal staff question by rollcall. There is going to be a lot more dis- management or procedure; 3. The results of rollcall votes taken in any cussion about the balanced budget (C) will tend to charge an individual with meeting upon any measure, or any amend- amendment before we get to the end of crime or misconduct, to disgrace or injure ment thereto, shall be stated in the com- the professional standing of an individual, or mittee report on that measure unless pre- this road, before we get to a vote. We otherwise to expose an individual to public viously announced by the committee, and are going to hear a lot about Social Se- contempt or obloquy, or will represent a such report or announcement shall include a curity. But I do hope that people will clearly unwarranted invasion of the privacy tabulation of the votes cast in favor of and look beyond the language of the debate of an individual; the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S716 CONGRESSIONAL RECORD — SENATE January 28, 1997 votes cast in opposition to each such meas- THE GOVERNMENTAL AFFAIRS tory power ‘‘encompasses inquiries ure and amendment by each member of the COMMITTEE AND THE 1996 PRESI- concerning the administration of exist- committee. (Paragraph 7(b) and (c) of rule DENTIAL CAMPAIGN ing laws as well as proposed or possibly XXVI of the Standing Rules.) needed statutes. It includes surveys of 4. Proxy voting shall be allowed on all Mr. THOMPSON. Mr. President, as everyone knows, the Governmental Af- defects in our social, economic, or po- measures and matters before the committee. litical system for the purpose of ena- However, the vote of the committee to re- fairs Committee has begun an inves- port a measure or matter shall require the tigation into foreign campaign con- bling the Congress to remedy them. It concurrence of a majority of the members of tributions and fundraising activities of comprehends probes into departments the committee who are physically present at the 1996 Presidential campaign. I be- of the Federal Government to expose the time of the vote. Proxies will be allowed lieve that it is appropriate at the out- corruption, inefficiency, or waste.’’ in such cases solely for the purpose of re- set to set forth exactly what we were Indeed, President Woodrow Wilson cording a member’s position on the question about, to discuss the committee’s juris- wrote that, ‘‘Unless Congress have and and then only in those instances when the diction, the scope of its investigation, use every means of acquainting itself absentee committee member has been in- with the facts and the disposition of formed of the question and has affirmatively its purpose, and what principles we will requested that he be recorded. (Paragraph apply in resolving the issues that will the administrative agents of the gov- 7(a)(3) of rule XXVI of the Standing Rules.) face us. The reasons to discuss this now ernment, the country must be helpless at this time are several. to learn how it is being served. * * *’’ TITLE IV—DELEGATION OF AUTHORITY TO First, we who are on the committee Then he went on to say, ‘‘The inform- COMMITTEE CHAIRMAN and in the Congress need to remind ing function of Congress should be pre- 1. The chairman is authorized to sign him- ourselves of these basics so we may ferred even to its legislative func- self or by delegation all necessary vouchers keep our focus in the days ahead. tion.***The only really self-gov- and routine papers for which the commit- Second, the American people need to erning people is that people which dis- tee’s approval is required and to decide in the committee’s behalf all routine business. understand the nature and purpose of cusses and interrogates its administra- 2. The chairman is authorized to engage our work in order that they will re- tion.’’ commercial reporters for the preparation of spect the process and the results of our Although every committee in this transcripts of committee meetings and hear- efforts. body exercises oversight jurisdiction, ings. Third, it is necessary to respond to the full range of the Senate’s informing 3. The chairman is authorized to issue, in some of the questions in the media and functions is granted to the Senate behalf of the committee, regulations nor- elsewhere as to the committee’s role Committee on Governmental Affairs. mally promulgated by the committee at the and purpose. Its jurisdiction includes the effective- beginning of each session. Mr. President, my own analysis of ness of the operations of all branches of TITLE V—DELEGATION OF AUTHORITY TO COM- these issues is just that; it’s my own Government, including misfeasance, MITTEE CHAIRMAN AND RANKING MINORITY analysis. It is certainly subject to corruption, and conflicts of interest. It MEMBER other views by other people. However, I is broad enough to include Presidential The chairman and ranking minority mem- do believe that there are certain prin- campaigns and even congressional ber, acting jointly, are authorized to approve ciples that apply to our endeavor that campaigns if they are relevant to and on behalf of the committee any rule or regu- can be gleaned from the Constitution, reflect upon the way our Government lation for which the committee’s approval is from the rules of the U.S. Senate, from currently operates. No other com- required, provided advance notice of their in- court interpretations and, hopefully, mittee has within its investigatory au- tention to do so is given to members of the from common sense in applying the thority the entire range of the Govern- ∑ committee. lessons learned from the successes and mental Affairs Committee’s jurisdic- Mr. WARNER. Mr. President, I yield failures of other committee investigation, which is as broad as the Constitu- the floor. I suggest the absence of a tions. tion permits. quorum. Mr. President, the granting of the The investigation we are now under- The PRESIDING OFFICER. The legislative power to Congress in article taking is neither a criminal investiga- clerk will call the roll. I of the Constitution includes the tion nor a seminar on campaign fi- The assistant legislative clerk pro- power to investigate. As the Supreme nance reform, although, it involves ele- ceeded to call the roll. Court held 70 years ago, ‘‘A legislative ments of both. Based on the informa- body cannot legislate wisely or effec- Mr. DOMENICI. Mr. President, I ask tion before us at this time, it is an in- tively in the absence of information re- unanimous consent that the order for quiry into illegal or improper cam- specting the conditions which the leg- the quorum call be rescinded. paign finance activities in the 1996 islation is intended to affect or change; Presidential campaign and related ac- The PRESIDING OFFICER (Mr. GOR- and where the legislative body does not tivities. This means, however, that any TON). Without objection, it is so or- possess the requisite information— facts that may have occurred before dered. which not infrequently is true—re- the 1996 campaign that are relevant to Mr. DOMENICI. Parliamentary in- course must be had to others who do or shed light upon that campaign or quiry. Are we in morning business? possess it.’’ So long as an investigation the operation of our Government may The PRESIDING OFFICER. The Sen- addresses issues that can be the subject also be subject to our inquiry. Such a ate is conducting morning business. We of legislation, the investigation is con- scope will necessarily involve exam- do have a previous order to recognize stitutionally permissible. Some of the ining our current campaign spending the Senator from Tennessee at 4 most important inquiries the Congress laws and how they operate. o’clock. has conducted in the past two cen- Now, certainly, our work will include Mr. DOMENICI. Mr. President, I ask turies have involved the role of money any improper activities by Repub- unanimous consent that I be permitted in politics and its effect on policy: the licans, Democrats, or other political to speak until 4 o’clock. Credit Mobilier scandal of the 1870’s; an partisans. It is of extreme importance The PRESIDING OFFICER. The Sen- investigation of corporate campaign that our investigation and our hearings ator has that right. contributions in the 1912 campaign, at be perceived by the American people as which Theodore Roosevelt testified being fair and evenhanded. This does (The remarks of Mr. DOMENICI per- concerning his own campaign; and, of not mean that we must strain to create taining to the introduction of S. 222 are course, the investigation of the 1972 some false balance or that we have located in today’s RECORD under Presidential campaign. some sort of party quota system. It ‘‘Statements on Introduced Bills and Congress’ powers to investigate simply means letting the chips fall Joint Resolutions.’’) broadly encompasses all areas of the where they may. We are investigating The PRESIDING OFFICER. Under operation of the Federal Government, activities here, not political parties. the previous order, the Senator from as well as flaws in the electoral system While no one should be shut off for Tennessee is recognized for 20 minutes. that makes the Government account- partisan advantage, we must have a Mr. THOMPSON. Thank you, Mr. able to the American people. As Chief sense of priorities based upon the seri- President. Justice Warren stated, the investiga- ousness of the activities or allegations

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S717 that come to our attention. Otherwise, officials and employees, should be re- that he may have had. Also, President we will be at this much longer than vised, and, if so, in what manner. Carter waived all privileges when the anyone will want us to be. Neither I The committee does not intend to ex- activities of his brother were inves- nor anyone else can determine at the amine specific allegations of wrong- tigated. As instructive examples of the outset all of the activities or areas doing that Congress has already pre- cooperation of these two Presidents, that we will investigate. As matters viously considered. they both allowed congressional exam- arise, the committee will simply have Now, a significant portion of our in- ination of all documents, and President to make those determinations. quiry will necessarily focus on the ex- Reagan even provided his personal It should be pointed out that these ecutive branch. This is consistent with notes and diary entries. questions are not under the exclusive Congress’ historical function and obli- The President and others have cor- province of the majority. I have the gation to conduct oversight of the ex- rectly pointed out that the American greatest respect for Senator JOHN ecutive branch. It is a part of our sys- people are tired of petty partisan bick- GLENN, the ranking Democrat on the tem of checks and balances. It is, by its ering and the meanness that some- Governmental Affairs Committee. His very nature, somewhat of an adver- times seem to pollute the atmosphere many years of service in this body have sarial process. As Justice Jackson in Washington, DC. While this is un- demonstrated beyond question his in- wrote, the Constitution ‘‘enjoins upon doubtedly accurate, I believe the tegrity and his love of his country. We its branches separateness but inter- American people also want us to stand are working together with our staffs to dependence; autonomy but reciprocity. for something, including the truth. ensure that all information is equally Presidential powers are not fixed but That makes it our obligation to find it available to appropriate staff members fluctuate, depending upon their and lay it out. So the question becomes: Can we carry out our respon- and committee members. We hope that disjunction or conjunction with those sibilities and assist the American peo- in all cases the work of the committee of Congress.’’ ple in learning the truth about the can be done by the staff in a coopera- Each branch of government has its strengths and weaknesses of the oper- tive fashion. Consensus should emerge rightful prerogatives, Mr. President. ation of their Government without en- on which issues are the most serious And just as Congress must understand its prerogatives and responsibilities in gaging in mean spiritedness or partisan and those matters which will receive warfare? From time to time in our his- the greatest consideration. But if le- this process, so must the executive branch. And clearly, part of the execu- tory, when the occasion required it, gitimate disagreement arises as to pri- Members of this body have put par- orities, the majority will in no way tive branch’s proper role is to protect the rightful prerogatives of the Presi- tisanship aside, vocally criticized and limit the minority’s rights to inves- even filed suit against an administra- dent and the Presidency, but also to tigate any and all parties within the tion of their own party. Former Sen- provide prompt, truthful information jurisdiction of the committee. More- ator Howard Baker of Tennessee and when Congress requires it when it is over, the minority will be given the op- former Senator Warren Rudman of New needed to fulfill Congress’ responsibil- portunity to call witnesses in for pub- Hampshire come to mind. I have no ities. It is important that the executive lic hearings if we cannot agree upon a doubt that my Democratic colleagues branch refrain from claiming privileges joint witness list. on the committee and in this body will that are inappropriate or simply do not Although I believe these comments do the same if the evidence calls for it. are sufficient to describe what the exist. For example, executive privilege, And I pledge my every effort to insure committee plans to examine, I expect that their actions are not met with at- to receive further inquiries. So I will though not specifically granted to the President in the Constitution, is an im- tempts to obtain partisan advantage. outline the following as some specific But let us be frank at the outset. The plied power that has been recognized areas we will consider, although this is extent to which we can have a thor- obviously not an exclusive list: by the courts over the years. Presi- ough, bipartisan investigation without A. Whether the Presidential cam- dents are entitled to candid advice many of the recriminations we have paigns, national political parties, or from their aides concerning important seen in the past is going to depend in others engaged in any illegal or im- policy matters that would not be forth- large part upon the attitude of those in proper campaign activities, or whether coming if it were subject to exposure the White House and the executive illegal campaign contributions were by Congress or anyone else. One the branch. The same can be said of the made to such entities, in connection other hand, the privilege does not ex- length of our inquiry. If one looks sole- with or relevant to the 1996 Presi- tend to wrongdoing and it does not ex- ly to the past, there is little reason to dential campaign. tend to any and all information that be optimistic. We have seen what ap- B. Whether, during the course of the may prove embarrassing to the Presi- pears to be a grudging release of infor- 1996 Presidential campaign, executive dent or others. Although it has not mation in drips and drabs and, seem- branch employees maintained and ob- been court tested, Senator Sam Ervin, ingly, only when forced to. We have served legal barriers between fund- chairman of the Watergate Committee, seen the broadest claims of executive raising and the official business of gov- always took the position that matters and attorney client privilege in our erning. that were purely political were not history. We have seen all manner of de- C. Whether Presidential campaigns covered by executive privilege when laying tactics which congressional remained appropriately independent confronted with a legitimate congres- oversight committees claimed were in- from the political activities pursued sional need. What the courts have held tended to avoid scrutiny by Congress, for their benefit by outside individuals is that when it is based only on the where noncooperation has been or groups. broad claim of the public interest in stretched past the cutoff dates of com- D. Whether any U.S. policies or na- confidentiality, executive privilege mittee investigations or even sessions tional security decisions were affected may be outweighed by other consider- of Congress. Accusations have abound- by, No. 1, contributions made to or for ations. In other instances, claims of ex- ed that disclosure has been withheld the benefit of the President or, No. 2, ecutive privilege are strongest when in- until after the Presidential election to improper actions of any executive voked in the areas of military, diplo- avoid scrutiny by the people. We under- branch employee or former employee. matic, or sensitive national security stand the nature of that game and we E. Whether our existing campaign fi- secrets. will not play it. We will do whatever is nance laws, including laws governing Presidents have handled the execu- necessary and proper to make sure that the disclosure of contributions to enti- tive privilege issue with regard to con- such actions are not rewarded, includ- ties established for the benefit of pub- gressional investigations in different ing the continuation of investigations lic officials, should be substantially re- ways. President Nixon fought his exec- and the institution of court pro- vised and, if so, in what manner. utive privilege claim all the way to the ceedings when appropriate. F. Whether, based on the results of Supreme Court and lost. President It doesn’t have to be that way. I am this investigation, laws other than Reagan during the Iran contra inves- still optimistic that it won’t be that campaign finance laws, such as the tigation waived all executive privilege way. I think it possible that the Presi- laws regulating the conduct of Federal and attorney client privilege claims dent may have been overlawyered in

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S718 CONGRESSIONAL RECORD — SENATE January 28, 1997 the past; that while strategies may date, or even a target date when deal- the importance of defining the scope of have been employed that were clever ing with such a broad array of matters the investigation and its purpose. He legal defense strategies, they were per- as listed above, would be nothing more also talked about principles that haps detrimental to the good of the than guesswork. The hearings should should be applied if the investigation is country and even to the President him- begin as soon as the matters have been to be successful. I will refer back to self. I am hoping for a new day. I am properly investigated and not before. these principles a little later in my re- hoping the committee can establish its Time spent in proper investigation and marks. But I think it was helpful that willingness to proceed in good faith. preparation prevents disjointed hear- Chairman THOMPSON included a partial There is a new team in the White ings and saves time in the long run. list of areas to be considered. There is House, individuals with excellent rep- This is not a matter of hauling a bunch no question that the issues raised in utations who commend respect. I am of people whose names have been in the his list are among those that ought to hoping that the new White House coun- paper before the camera and hurling be examined, and I support them. I sel will understand that his position is charge at them. agree with him fully when we talk one of counsel to the office of the This committee as presently con- about the informing function of Con- President. He is not the President’s stituted and my chairmanship came gress, but I agree with it more as a personal attorney. about less than 3 weeks ago. We must starting point than as an end to our in- And I cannot believe that the Presi- rely extensively upon new staff that is vestigation. dent does not want to get to the bot- just being hired and we do not have a I think it becomes far more meaning- tom of the serious allegations that full complement yet. Clearances must ful that instead of just limiting this to have been made. In the first place, he be obtained. Facilities must be set up. the 1996 Presidential campaign, we also took an oath of office to preserve, pro- Documents must be gathered and care- use this informing function to rec- tect, and defend the Constitution, in- fully reviewed. A check of the history ommend what can be done about the cluding his article II responsibility to of other major committee investiga- situation we are investigating. I think take care that the laws are faithfully tions reveals that 3 or 4 months of in- that is what the American people want. executed. The President has publicly vestigation and preparation before the So I think that a more meaningful, acknowledged that some of the DNC’s beginning of the hearing phase is the fair list must include additional ques- contributions were illegal. Since under norm. That is not to say that it will tions about improper practices in na- the best of interpretations, these are take our committee that long. I am tional campaigns. In addition to look- matters that reflect upon him and his hopeful that it will not. But it will ing at the problem of foreign contribu- Presidency, he above all should want to take whatever it takes. And as I have tions, which certainly should be looked seen them cleared up, and I believe stated, the level of cooperation we re- at, the Governmental Affairs Com- that he does. I would like to think that ceive from the White House and the mittee must look, for example, at the the President would be outraged at this rest of the executive branch is directly problem of soft money used by unregis- turn of events and feel an obligation relevant. Most importantly, of course, tered organizations without disclosure and responsibility to get to the bottom one cannot tell in the beginning of an and without limitation to influence of the matter, including clearing the investigation what leads may be devel- elections, and the misuse of Govern- names of anyone who may have been oped. ment offices and staff for political pur- unjustly accused. One final thought: Most of us did not poses, and abuses of power in coercing Nor is it enough to simply call for come to Washington to tear down, but campaign contributions, the misuse of to build up. But, the Founding Fathers campaign finance reform. I trust that charitable and other organizations and did not believe that the errors of gov- my position on this issue is well promises of special access to Govern- ernment were self-correcting. They known. I cosponsored along with Sen- ment-elected officials. The Govern- knew that only constant examination ator MCCAIN and FEINGOLD, campaign mental Affairs Committee should look of our shortcomings, and learning from finance reform legislation in 1995, my into these types of practices whether them, would enable representative gov- first year in the Senate. I was for cam- examples are found in connection with ernment to survive for hundreds of paign finance reform when campaign the executive or the legislative branch. finance reform wasn’t cool. I have long years past their own time. They be- My point, Mr. President, is this: lieved correctly that this process thought we simply spend too much There is no end to the questions that makes America stronger, not weaker. time soliciting too much money from might be asked about improper or ille- We are heirs to that legacy, and we will too many people who are interested in gal fundraising and spending in polit- strive to be deserving of it, by taking legislation that we consider. I’m not ical campaigns. So we need to establish this step toward restoring the public’s sure that the solution is and I am hope- objectives for the investigation with- confidence in the Government for ful that part of what this investigation out making the inquiry too narrow and which our forebears were willing to will do is examine our campaign fi- thereby risk at least a perceived par- nance system and seek out ways in sacrifice everything. Thank you, Mr. President. tisan approach. Defining the commit- which we can improve it. But those of The PRESIDING OFFICER. Under tee’s objectives will help determine the us with responsibilities in this area, the previous order, the Senator from scope of the investigation, but, most of whether it be the President or Mem- Ohio is recognized. all, the committee’s scope should be bers of Congress, cannot let the call for Mr. GLENN. Mr. President, I have determined by the committee’s purpose reform serve to gloss over serious vio- listened very carefully to my friend, in these investigations. Any major lations of existing laws. If we do that the senior Senator from Tennessee and Senate investigation —and this will be the reform debate will be cast in a to- the chairman of our committee, and one—ought to have a clear purpose. tally partisan context and insure that, heard him describe an investigation To make an analogy, I recall many of once again, campaign finance reform that he plans to conduct as chairman my colleagues asking on this Senate will be killed. of the Governmental Affairs Com- floor not too long ago when we were The question constantly arises as to mittee. I welcome his comments. considering United States entry into when public hearings will begin. Inter- As the ranking member of the com- Bosnia, what is the exit strategy? De- estingly, Democrats, Republicans, the mittee and as someone who was chair- mands were made for an exit strategy White House, and the news media all man for some 8 years, this can be a before there would be a vote. are seemingly interested in having most important hearing for our com- That was a reasonable question then, hearings as soon as possible—I would mittee. Today I want to publicly pledge and I think it is a reasonable question guess all for different reasons. I share to him my best efforts to cooperate in in regard to this inquiry. In each con- that desire. However, the committee’s establishing the bipartisan atmosphere text, the exit strategy is inseparably obligation is not to do it early but to that he called for and that I believe linked to purpose. What is the purpose do it right. Certain things should be Senator THOMPSON genuinely wants to of this investigation? Or perhaps the kept in mind by those who, on a daily have as we go forward. better question to ask now is, what basis, ask when hearings will begin. In I am pleased that Chairman THOMP- should be the purpose of this investiga- the first place, establishing a hearing SON in his opening remarks mentioned tion?

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S719 The chairman has stated he intends These, Mr. President, are my Also, the minority should have suffi- this exercise to inform the public. That thoughts about purposes and scope and cient personnel and resources to enable is one of our purposes as an oversight duration of this investigation. So I it to take part fully in acquiring and and investigatory committee, so I sup- think we need to devote the next few analyzing evidence. That may be a port that fully and completely. I do not weeks to an effort hopefully inte- problem because ordinarily the com- think it is enough that we view our grating Chairman THOMPSON’s vision of mittee split on resources here in the purpose as informational only. We need this investigation with what I have Senate is one-third/two-thirds. I do not to take the next step. We need to cor- suggested here today, that we go be- anticipate that is going to change in rect the problems with our campaign yond just the informational role and this investigation. But it means on the system. That is what the American try and make some suggestions to fix minority side, that to have an even public wants. I think that is what we the system. prospect of having an even ability to want on both sides of the aisle. That is Then we need to come back to the look at areas we might want to ex- what both political parties have said Senate—together perhaps—and present plore, we are at a disadvantage going they want. It means that to correct the our plan for approval by the full body in. because the Senate will be very much problems, we are going to have to in- So it is obvious that many issues will vestigate then wherever those prob- involved with this whole effort. This have to be negotiated in order to re- lems may be, not just on a narrowly inquiry presents us with an oppor- duce the risk that the Governmental defined limit of the last election. tunity to accomplish something to- All the questions posed by my distin- gether. We have had people on both Affairs investigation degenerates into guished colleague in his remarks point sides of the aisle this year in positions a partisan finger pointing exercise. I to campaign finance practices that of leadership and regular membership certainly do not want to see that hap- may be illegal or, if not, in my view talk about how we must work together pen. ought to be illegal. I happen to think this year. We have come off a couple of All of us in the Senate, and in par- that the reform of campaign finance bruising years here in the Congress of ticular all of us on the committee, laws should be our daily objective in the United States, so I view this in- have a grave responsibility. That re- this Congress. However, I am convinced quiry as an opportunity, truly an op- sponsibility is to ensure that this in- that the fight over passing real cam- portunity as Democrats and Repub- vestigation moves forward in a con- paign finance reform will not be won licans that will be worthwhile and last- structive and bipartisan manner. I look until the pressure from the American ing for the American people. forward to mutual respect among all people becomes overwhelming, and I As I indicated earlier in my remarks, participants. Most of all, we need to think these hearings and this inves- I wish to address the issue of principles enter into this with the interests of the tigation can make that interest over- in the conduct of this investigation. American people uppermost in our whelming. That is the reason I think The Senator from Tennessee made minds, rather than any partisan polit- we should go the next step. some very constructive remarks in his ical advantage. And that means look- This investigation, if done right—and presentation regarding the role of the ing in all directions, wherever we find I am convinced it will be—could be the minority and the relationship of major- any information that may direct us to vehicle to create that pressure. But it ity to minority in the conduct of this what I see as the secondary objective of will not happen if this investigation investigation, and I thank him for that our hearings, and that is not only to somehow turns into partisan pointing and I wish to elaborate on them just a inform but to recommend ways to cor- and bickering back and forth, and I do little bit. rect these problems so we do not go on not think it will happen if the inquiry First, to assure that the committee’s into the next election with some of the drags on into next year, an election investigation is fair, bipartisan, and same abuses taking place all over the year, when changing the campaign fi- legislatively productive, I think it is country that occurred in this last elec- nance laws will be virtually impossible. vital the Senate define the scope and tion. If we do not use this unique oppor- procedures and duration of the inves- tunity to reach real reform, the Amer- tigation in the omnibus committee My distinguished chairman has said ican people will have a tendency to say funding resolution. this is his aim. I certainly take him at a pox on both our houses, and I think Now, a definition of scope and dura- his word. He is a man of his word. I they will probably be right. tion will enable the Senate in pro- know that. We want to work together So I say to Chairman THOMPSON and viding funds for the investigation to es- on this. So I hope we can come quickly my Republican colleagues, let us not tablish what it is authorizing, the sub- to an agreement on scope, on time, on only inform but let us take that next jects about which it wishes to learn process, on cost of the investigation, step of enactment of campaign finance from the committee, and when it wish- and place that agreement in the fund- reform this year as our goal and as a es the committee to report. There ing resolution for the Governmental major purpose of this investigation. In- should also be a specification of even- Affairs Committee. form, certainly, but take the next step handed procedural ground rules for the This can be a most important activ- as well. investigation. ity we are about to embark on here. Let us examine the most important For example, the majority and mi- From all appearances it is going to be and egregious set of political fund- nority should have contemporaneous fairly long and arduous, and I think it raising and spending practices—not access to all documentary evidence re- is important we set these kinds of rules just pointing at one spot but let us ceived by the committee. The majority before we get going; not important just look at the practice. Let us write a re- and minority should have the right to for us on a personal basis here, but it is port this year that tells the American be present at and participate equally in important that somebody work this people really how badly this system all depositions and investigatory inter- out for the American people. That is has been operating and how it should views. And the majority and minority what this committee has the oppor- be fixed. And Heaven knows, we are ex- should have equal opportunity to ob- tunity to do. perts on it because we deal with this tain and present relevant testimonial system every day and every time we and documentary evidence on the sub- I yield the floor. Mr. President, I sug- have to run for reelection. And then let jects of the committee’s inquiry. gest the absence of a quorum. us go out and fix it before the year is These are just safeguards for a fair The PRESIDING OFFICER. The over. and bipartisan inquiry which is in clerk will call the roll. Is there misuse, for instance, of non- keeping with contemporary Senate The legislative clerk proceeded to profits and tax exempts? There is mis- practice. This is the way the last sev- call the roll. use of foreign funds; we know that. eral Senate investigations have been What are the major misuses of soft done, and Senate practice from inves- Mr. LEVIN. Mr. President, I ask money? What are the misuses of Gov- tigations of this kind dictate that it unanimous consent that the order for ernment itself? And wherever we need should be expressly spelled out before the quorum call be rescinded. to go to get information that helps us the actual investigating begins so we The PRESIDING OFFICER [Mr. correct those problems and others is do not get into an unpleasant disagree- BROWNBACK]. Without objection, it is so where we should go. ment in the middle of the hearings. ordered.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S720 CONGRESSIONAL RECORD — SENATE January 28, 1997 THE SITUATION IN BOSNIA contingency that might arise. It would atrocities committed against civilians Mr. LEVIN. Mr. President, I recently be suicidal for the Bosnian Serbs to re- have not disappeared and serve to dis- returned from a trip to NATO head- sort to force in view of the over- courage people from returning to their quarters, to the headquarters of the whelming advantage that the SFOR homes of origin. United States European command, in forces have, but emotions run very These obstacles to resettlement were high over this issue. Even if the Bos- Stuttgart, and Senator JACK REED of dramatically brought home to me dur- nian Serbs did not resort to force, the Rhode Island joined me for a trip to the ing a visit to U.S. Observation Post lack of cooperation that would surely former Yugoslavia. While in Bosnia we Rock located in the vicinity of the result from an adverse arbitration rul- visited Sarajevo, Tuzla, Simin Han, former Bosnian Muslim town of ing would complicate further the im- Hajvazi, and Mostar. We also visited Hajvazi that is now just within the plementation of the civilian aspects of Serb area of Bosnia. Across the ravine Zagreb in Croatia and Belgrade in Ser- the Dayton agreement. bia. I want to share the impressions A second immediate challenge re- from the observation post one can see a and conclusions that I gained during lates to Eastern Slavonia, a strip of house occupied by the Bosnian Serb po- the course of this trip. land in easternmost Croatia that bor- lice. The police are determined first to The situation within Bosnia is rel- ders on Serbia and northern Bosnia and prevent Bosnian Muslims from return- atively stable. The forces of the NATO- Herzegovina. ing and second to bring Bosnian Serbs led Implementation Force that ended A United Nations peacekeeping force in to occupy the houses in the town. its deployment in December 1996, ac- has been administering Eastern The Muslim mosque lies in rubble. complished its mission of separating Slavonia as it transitions back to the Most dramatic of all, however, is the the forces of the former warring fac- full control of the Government of Cro- interior of the observation post itself. tions, overseeing the placing of heavy atia. The mandate of the United Na- A pillar in the middle of the observa- military equipment in cantonment tions Transitional Administration in tion post contains the bloody hand- areas, and generally creating an envi- Eastern Slavonia ends on July 15, 1997. print of a young child and the cement ronment in which civilian aspects of There are presently about 120,000 Cro- floor of the structure had to be covered the Dayton Peace Agreement could be atian Serbs in Eastern Slavonia, half of with wood flooring because the blood carried out. The NATO-led stabiliza- whom were driven out of their homes stains were so ingrained they could not tion force, which is scheduled to rein other parts of Croatia, particularly be cleaned. The United States com- main in Bosnia for 18 months from De- the Krajina. If the Croatian Serbs de- mander described the building as a cember 1996, is essentially continuing termine that they are unable to live in slaughter house where Muslims were the mission of keeping the peace and peace in Eastern Slavonia, their only put to death. It is difficult to imagine creating a secure environment. alternatives are to go to Bosnia or Ser- Muslims and Serbs living peacefully I was heartened that some institu- bia. Neither place has the resources to side-by-side in the shadow of such re- tions of the Government of Bosnia and absorb the Croatian Serbs and their decent atrocities, even putting aside Herzegovina have been formed. In our parture, forced or voluntary, to either their previous history. place would be highly unsettling. separate meetings with the three Presi- We also visited Mostar, a city in It is important for the international dents and two Prime Minister of Bos- which both Bosnian Muslims and Bos- nia and Herzegovina, I was struck by community to clearly notify the Cro- atians that they must reassure the Cro- nian Croats have lived since pre-war their avowed intention of working to- days. Mostar was the site of heavy gether to implement the Dayton agree- atian Serbs that their rights will be respected so they will remain in Croatia. fighting between Muslims and Croats ment. There will, of course, be prob- prior to the so-called Washington lems and frustrations as they seek to It must be made clear to the Croatian Government that its relationship to Agreement which brought an end to work together, but I believe that these Muslim-Croat fighting and enabled day-to-day problems can be overcome the West and its access to western institutions will depend upon its treat- them to join forces against the Bosnian if the immediate and middle term chal- Serbs. Subsequent to the Washington lenges I am about to discuss can be sat- ment of the Serb minority within its borders. Agreement, Mostar sustained heavy isfactorily addressed. damage from punitive shelling by the MIDDLE TERM CHALLENGES IMMEDIATE CHALLENGES Mr. President, our visit to Bosnia Bosnian Serbs who controlled the high The next year is going to see many and the region have convinced me that ground surrounding the city. Despite significant challenges to peace in Bos- there will be a need for an outside extensive construction efforts funded nia, and here are two: armed force in Bosnia beyond the 18 by the European Union which sought to First of all, a ruling of the inter- months mission of the stabilization make a model of Mostar for Muslim- national arbitration tribunal provided force. Croat cooperation, the terrible scars of for in the Dayton agreement is due to That is the most important, signifi- the fighting are still visible in Mostar, be handed down on February 14, this cant conclusion that I reached, which particularly in the Muslim section of year, concerning the disputed portion is that at the end of this 18-month pe- the city which sustained most of the of the Inter-Entity Boundary Line in riod there still will be a need for an damage, bearing witness to the cruel the Brcko area. Brcko was the scene of outside armed force in Bosnia. I base shelling and small arms fire that indis- ethnic cleansing by the Bosnia Serbs of that conclusion on the following fac- criminately targeted civilians there. Bosnian Moslems, who were the major- tors: Another complicating factor as to ity there prior to the war. Brcko is lo- RESETTLEMENT OF REFUGEES why it is going to be impossible to cated in the narrowest area of the The Dayton agreement provides for leave without some kind of a follow-on Posavina corridor that separates the the early return of all refugees and dis- force after 18 months from last Decem- Serb Republic from the territory of the placed persons to their homes. There ber, has to do with war criminals. Bosniac-Croat Federation and which are an estimated 1.2 million refugees WAR CRIMINALS essentially also divides the eastern and and displaced persons in Bosnia and an- western portions of the Serb Republic. other 900,000 elsewhere, primarily Article IX of the General Framework In view of Brcko’s strategic location, Western Europe. There are an esti- Agreement, which with its several an- Bosnian Serb Premier Gojko Klickovic mated 330,000 refugees, mostly Bosnian nexes make up the Dayton Agreement, recently told reporters that Serbian Moslems, in Germany alone. specifically recites ‘‘the obligation of forces were prepared to launch a Bos- The homes that these approximately all Parties to cooperate in the inves- nia-wide war if the Serbs lost control 2.1 million people have the right to re- tigation and prosecution of war crimes of the city in the arbitration process. turn to are either destroyed or are and other violations of international Brcko is located in the United States presently occupied by other refugees or humanitarian law.’’ The authorities of sector of Bosnia and Herzegovina. Hav- displaced persons. As reconstruction the Serb Republic have refused to hand ing visited with Maj. Gen. Montgomery lags, the problem remains acute. over former President Radovan Meigs and his troops, I know that they Additionally, the animosities that Karadzic and former military chief are prepared to handle any military gave rise to the war and the horrible General Ratko Mladic, both of whom

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S721 have been indicted by the International RECONCILIATION want to address other pressures that Tribunal for the Former Yugoslavia at With dim prospects for the return of bear on Bosnia. the Hague. In a January 2, 1997, letter refugees and displaced persons to their OTHER PRESSURES to new U.N. Secretary General Kofi homes, with the refusal of the Serb Re- Mr. President, the parties to the Gen- Anan, Serbian Republic President public authorities to hand over eral Framework Agreement for Peace Biljana Plavsic challenged the legal Karadzic and Mladic, the most promi- in Bosnia and Herzegovina, the long foundation of the international tri- nent of the indicted war criminals, title of the Dayton agreement, include bunal and stated that ‘‘It is our firm with the ever visible physical scars and the Republic of Bosnia and belief that if we were to hand over Dr. undoubtedly even more long lasting in- Herzegovina, the Republic of Croatia, Karadzic and Gen. Mladic for trial, this ternal scars of this terrible conflict, and the Federal Republic of Yugo- would, in fact, threaten the existing and with the absence of a free and inde- slavia—hereafter referred to as Serbia. peace.’’ pendent media, as I will discuss a little The Governments of Croatia and Serbia NATO policy established first for the later, I am convinced that reconcili- were wisely included because of the in- implementation force and continued ation of Muslims, Croats, and Serbs fluence they have over the three fac- for the stabilization force is not to will not occur sufficiently during the tions in Bosnia and because events search for indicted war criminals and 18-month mandate of the stabilization within their territories could have a to apprehend them only if they are enforce and that the Dayton accords will spillover effect in Bosnia. countered by the NATO-led force as it not be fully implemented during that SERBIA carries out its duties and only if appre- period. A final complicating factor was While in Belgrade, we were able to hending them would not put the SFOR to do with police forces. witness first hand the daily demonstra- troops at significant risk. This policy POLICE FORCES tions being mounted by the students decision is influenced no doubt by the The NATO-led forces have been ex- and the opposition coalition named lesson the international community traordinarily successful in imple- ‘‘Together.’’ The specific catalyst for learned during the U.N. operation in menting the military aspects of the the demonstrations in Belgrade and the Somalia when United States and allied Dayton agreement. The subregional democratic demonstrations in other troops conducted a manhunt for Gen- arms control agreements, although cities throughout Serbia was Serbian eral Aideed with disastrous results. poorly respected by the Bosnian Serbs, President Slobodan Milosevic’s at- The United Nations has distributed coupled with the American organized tempt to deny the opposition the vic- posters with the photos of the indicted equip and train program for the tories they achieved in municipal elec- war criminals so that the stabilization Bosniac-Croat Federation, will result tions in Belgrade and 13 other Serbian force troops will be in a position to ap- in rough military parity between the cities last November. But the dem- prehend them if they are foolish Federation and Bosnian Serb armies. onstrations are fueled also by dis- enough to attempt to pass through a Many of the former military troops satisfaction over an economy wrecked checkpoint or otherwise come in con- have been demobilized and returned to by mismanagement, corruption, and tact with those forces. In early Janu- civilian life and those who remain in international sanctions, by distortions uniform are tired of war. The police ary, one such indicted war criminal, a and lack of reporting of events by the forces of the three entities are, how- Bosnian Croat who was the former po- government controlled television sta- ever, not subject to the military as- lice chief in Vitez and has been in- tions, and by the recognition that pects of the Dayton agreement and dicted for overseeing the inhumane Milosevic’s supernationalism was the thus not expressly controlled by the treatment of Bosnian Muslim civilians, major cause of the war that helped un- stabilization force. did encounter an SFOR patrol. He was In Annex 11 to the Dayton agree- ravel Yugoslavia. Milosevic is doing all not apprehended because the patrol ment, the parties expressly requested that he can to buy time but he is likely members were not carrying a U.N. the U.N. Security Council to establish to be devoured by the nationalistic poster and were unsure that he was a a U.N. International Police Task Force tiger he unleashed. Accordingly, for suspect, although they thought he [IPTF]. The IPTF, a force of approxi- better or worse, Milosevic specifically might well be. They should have de- mately 1,600 unarmed officers, unlike and events in Serbia generally do not tained him until they were able to the NATO-led force, was not granted have the influence or impact that they make sure whether he was or was not a enforcement authority and was and is previously had on Bosnia. suspect but they did not. limited to functions such as moni- CROATIA It should be noted that General toring, observing, inspecting, advising, President Franjo Tudjman’s poor Mladic, an indicted war criminal, while and the like. These functions were health and the accompanying succes- at large still is not really a free man. based upon the reasonable expectation sion puzzle are distracting Croatia over His location, where he is surrounded by that the police forces of the parties virtually all other concerns. Addition- heavily armed loyal troops, is known would possess limited capabilities. Un- ally, Croatian authorities realize that and his movement is restricted because fortunately, many Bosnian police ele- they must have Western approval if of his fear of making contact with our ments are relatively heavily armed and Croatia is to have any chance of eco- troops. He is in a sense already in pris- are trained and equipped to operate as nomic assistance and trade. These fac- on. Nevertheless, Mladic and former small military units. Based upon their tors hopefully will prevent Croatia President Karadzic have not been suspicions of their counterparts, they from using a heavy hand in its dealings turned over to the international tri- are reported to have secretly stock- with the Croatian Serbs in Eastern bunal and there are no signs that they piled huge amounts of weapons and am- Slavonia. I remain cautiously opti- will be turned over during the 18- munition. In November, joint surprise mistic that common sense will prevail month timeframe in which SFOR is op- inspections of police stations by imple- and Croatian policies will not cause a erating. mentation force troops and the IPTF mass exodus of Croatian Serbs when In an attempt to address the problem resulted in the confiscation and de- the U.N. mandate expires there on July of apprehending war criminals, former struction of a large number of unau- 15. Secretary of Defense Perry and Chair- thorized weapons, mainly small arms THE MEDIA man of the Joint Chiefs of Staff Gen- and ammunition although numerous As in Serbia, the government con- eral Shalikashvili proposed the cre- mines and light mortars were also dis- trolled media, particularly television, ation of a special paramilitary police covered. Since that time, the New York in Bosnia continuously presents a force to our NATO allies in December. Times reports that local police units drumbeat of propaganda that fuel eth- The proposal reportedly did not reso- have hidden their military equipment. nic stereotyping and hatred. While this nate well with our allies. For the many reasons cited, and oth- is most vitriolic in the Bosnian Serb The next complicating factor for why ers, I am convinced that there will be a stronghold in Pale, it is unfortunately the 18-month period is not going to need for an armed outside force in Bos- echoed in Sarajevo and Mostar. prove sufficient for the Dayton accords nia as a follow-on force after SFOR’s A free and independent media, espe- to be fully implemented is the lack of 18-month mandate expires. Before I dis- cially television modeled after CNN reconciliation. cuss such a follow-on force further, I and the British Sky News, along with

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S722 CONGRESSIONAL RECORD — SENATE January 28, 1997 good entertaining programs and objec- traordinarily important for the future. months, should such a force be needed tive, fair news presentations, would be The United States cannot be the as I predict it will be. very helpful. Only a small minority of world’s policeman but the world needs CONCLUSION people who have satellite dishes re- a trained, equipped, and ready force to Mr. President, the end of the cold ceive objective news. It is only through respond at the early stages of a crisis war has unleashed the forces of nation- a free and independent media that Mus- that threatens international peace and alism, ethnic hatred, and religious fa- lims, Croats and Serbs can understand security. Events might have been very naticism. In Bosnia, this has led to the the atrocities that were committed. different in former Yugoslavia if such a death of approximately 210,000 people, Such an understanding would be the force could have been deployed to Cro- including about 150,000 civilians. More first step towards reconciliation and atia in the summer of 1991 when the than 2.5 million Bosnians out of a pre- ultimate survival of a multi-ethnic fighting between the Croatian Army war population of 4.4 million were Bosnia and Herzegovina. and the Croatian Serbs backed by the forced to flee their homes, 2.1 million ACCOMPLISHMENTS OF NATO-LED FORCE Yugoslav People’s Army first began. Bosnians are still refugees or displaced Mr. President, as I have already Such a deployment could have served persons. noted, the NATO-led implementation to nip the crisis in the bud, saved tens The NATO-led IFOR and SFOR have force and its successor, the stabiliza- of thousands of lives, and set the stage done and are doing an extraordinary tion force, have been extraordinarily for a negotiated settlement before na- job in implementing the military tasks successful in implementing the mili- tionalist fervors were fanned beyond of the Dayton peace agreement. Civil- tary tasks of the Dayton agreement. control. ian implementation and reconstruction This first ever NATO peace enforce- FOLLOW-ON FORCE FOR BOSNIA lag behind, however. While there are ment mission is an unqualified success Mr. President, I am convinced that encouraging signs with the formation so far. It is a particularly important the SFOR mission duration of 18 of central government institutions, achievement because it also involves months will not be sufficient for peace they are still fragile and reconciliation the forces of non-NATO nations. to gain a firm enough foothold in Bos- among the Bosnian Muslims, Croats, During our stay at Multinational Di- nia and I fear that, in the absence of an and Serbs has barely begun. vision North, the United States sector outside armed force, the conflict will There will be a need for a follow-on headquarters in Tuzla, we were able to reignite. outside armed force in Bosnia once travel to Simin Han where the Russian I believe that the participation of SFOR’s 18-month mandate is finished. airborne battalion is located. It was United States combat troops on the United States combat forces should not wonderful to observe the excellent re- ground in Bosnia should terminate remain on the ground in Bosnia beyond lationship between the U.S. com- with the end of SFOR’s 18 month man- that time. The European Security and mander, Maj. Gen. Monty Meigs, and date. The United States is the only na- Defense Identity initiative within his Russian counterpart. The Russian tion in the world with global commit- NATO provides a mechanism for a fol- commander, his subordinate officers ments and the capability to meet those low-on force to sustain the peace there. and troops were extremely proud of commitments. Only the United States Our European NATO allies and Euro- their role in the U.S. sector. I spoke to can defeat aggression in the Persian pean friends, particularly those par- a number of U.S. soldiers who have Gulf or on the Korean peninsula or ticipating in NATO’s Partnership for been conducting joint patrols with the wherever it might threaten our vital Peace Program, need to begin planning Russian troops and they were unani- interests. But the United States cannot now to provide the follow-on force. mously upbeat about the Russians afford to have its forces tied down in- IFOR and SFOR have been extremely whom they described as excellent sol- definitely in Bosnia where our inter- successful multinational peace enforce- diers. ests are real but not as vital as for the ment missions. The international com- In our visit to the French sector Europeans. The United States had to munity needs to be able to field headquarters of the Multinational Di- take the lead in negotiating and imple- trained, equipped, and ready forces to vision Southeast in Mostar, we were menting the Dayton peace agreement nip crises in the bud. Hopefully, IFOR briefed by the French Commander, his because our European allies and friends and SFOR and a Western European German Chief of Staff, and his Spanish, were not ready to do so. Our participa- Union follow-on force for Bosnia can French, Italian, and German staff offi- tion in IFOR and now SFOR will have provide the model for the international community in other regions of the cers. It was encouraging to see how given our European allies 21⁄2 years to easily these NATO allies work to- become ready. It is time for them to world. start preparations now to fulfill that I suggest the absence of a quorum. gether. It was one of the best military The PRESIDING OFFICER. The role to ensure that peace does not un- briefings I have ever received and the clerk will call the roll. graphics they used were among the ravel in their neighborhood after The assistant legislative clerk pro- best I have seen. The ability of our Eu- SFOR’s mandate ends 18 months after ceeded to call the roll. ropean NATO allies to work together December 1996. The United States can Mr. LOTT. Mr. President, I ask unan- so professionally, in this case under a and should still remain involved with imous consent that the order for the French commander, gives me hope for logistic, intelligence, and other support quorum call be rescinded. the success of NATO’s European Secu- activities. The PRESIDING OFFICER. Without rity and Defense Identity initiative, Fortuitously, NATO is now devel- objection, it is so ordered. oping a European Security and Defense particularly once France returns to f NATO’s integrated military structure. Identity [ESDI] within the Alliance to The participation of the forces of permit the European NATO nations, UNANIMOUS-CONSENT AGREE- members of NATO’s Partnership for with NATO consent, to carry out oper- MENT—NOMINATION OF ANDREW Peace and their smooth integration ations under the political control and CUOMO into the NATO-led IFOR and SFOR strategic direction of the Western Eu- Mr. LOTT. Mr. President, as in exec- mission are testament to the success of ropean Union [WEU] using NATO as- utive session, I ask unanimous consent Partnership for Peace. Despite early sets and capabilities. This initiative is that at 9:30 a.m., on Wednesday, Janu- criticisms of that program as a stalling tailor-made for a follow-on force to ary 29, the Senate proceed to executive tactic to gain time while NATO en- SFOR. And there is no reason why the session to consider the nomination of largement could be worked out, Part- Partnership for Peace nations should Andrew Cuomo to be Secretary of the nership for Peace, with its emphasis on not be included as they have been in Department of Housing and Urban De- peacekeeping, has been a major success IFOR and SFOR. It will not happen, velopment; further, that there be 30 in leading the way to the participation however, without firm pressure from minutes of debate on the nomination, of a host of nations in international the U.S. Congress and the administra- equally divided between the chairman peace operations. tion and notice of our intent now to and ranking member, with a vote to The success of the NATO-led multi- give our European friends plenty of occur on the nomination at the expira- national peace enforcement mission, time to prepare to take over leadership tion or yielding back of that time; fur- both during IFOR and now SFOR, is ex- of the follow-on force to SFOR after 18 ther, immediately following the vote

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S723 the President be notified of the Sen- the Senate by Mr. Williams, one of his to the Committee on Environment and Pub- ate’s action and the Senate then return secretaries. lic Works. EC–856. A communication from the Chief of to legislative session. EXECUTIVE MESSAGES REFERRED The PRESIDING OFFICER. Without the Regulations Unit, Internal Revenue As in executive session the Presiding Service, Department of the Treasury, trans- objection, it is so ordered. Officer laid before the Senate messages mitting, pursuant to law, the report of a rule f from the President of the United relative to Revenue Ruling 97–7, received on ORDER FOR STAR PRINT—S. 3 AND States submitting a treaty and sundry January 22, 1997; to the Committee on Fi- nominations which were referred to the nance. S. 10 EC–857. A communication from the Chief of Mr. LOTT. I ask unanimous consent, appropriate committees. the Regulations Unit, Internal Revenue Mr. President, that S. 3 and S. 10 be (The nominations received today are Service, Department of the Treasury, trans- star printed with the changes that I printed at the end of the Senate pro- mitting, pursuant to law, the report of a rule ceedings.) relative to Foreign Corporations, received on understand are at the desk. January 22, 1997; to the Committee on Fi- The PRESIDING OFFICER. Without f nance. objection, it is so ordered. EXECUTIVE AND OTHER EC–858. A communication from the Sec- f COMMUNICATIONS retary of Health and Human Services, transmitting, pursuant to law, the report of a rule REMOVAL OF INJUNCTION OF SE- The following communications were relative to medicaid eligibility, (RIN0938– CRECY—TREATY DOCUMENT NO. laid before the Senate, together with AH76) received on January 17, 1997; to the 105–2 accompanying papers, reports, and doc- Committee on Finance. Mr. LOTT. Mr. President, as in exec- uments, which were referred as indi- EC–859. A communication from the Chief of Staff, Officer of the Commissioner, Social utive session, I ask unanimous consent cated: Security Administration, transmitting, pur- that the injunction of secrecy be re- EC–847. A communication from the Admin- suant to law, the report of rule relative to moved from the following treaty trans- istrator of the Agriculture Marketing Serv- growth impairment listings, (RIN0960–AE60) mitted to the Senate on January 28, ice, Department of Agriculture, transmit- received on January 17, 1997; to the Com- 1997, by the President of the United ting, pursuant to law, the report of a rule mittee on Finance. States: Taxation Treaty with Thailand, relative to shelled almonds, (FV–95–305) re- EC–860. A communication from the Sec- Treaty Document No. 105–2; I further ceived on January 21, 1997; to the Committee retary of the Treasury, transmitting, pursuant to law, the report on the Taxation of So- ask unanimous consent the treaty be on Agriculture, Nutrition, and Forestry. EC–848. A communication from the Con- cial Security and Railroad Retirement Bene- considered as having been read the first gressional Review Coordinator of the Animal fits for 1992; to the Committee on Finance. time; that it be referred, with accom- and Plant Health Inspection Service, Depart- EC–861. A communication from the Chair- panying papers, to the Committee on ment of Agriculture, transmitting, pursuant man of the Thrift Depositor Protection Over- Foreign Relations and ordered to be to law, the report of a rule relative to brucel- sight Board, transmitting, pursuant to law, printed; and that the President’s mes- losis in cattle, (96–005–2) received on January the annual report on audit and investigative sage be printed in the RECORD. 21, 1997; to the Committee on Agriculture, activities for fiscal year 1996; to the Com- The PRESIDING OFFICER. Without Nutrition, and Forestry. mittee on Governmental Affairs. EC–862. A committee from the Executive objection, it is so ordered. EC–849. A communication from the Sec- retary of Commerce, transmitting, pursuant Director of the Committee for Purchase from The message of the President is as People Who Are Blind or Severely Disabled, follows: to law, the report on foreign policy export controls and the Bureau of Export Adminis- transmitting, pursuant to law, the report of To the Senate of the United States: tration’s annual report for fiscal year 1996; a rule relative to the Procurement List, re- I transmit herewith for Senate advice to the Committee on Banking, Housing, and ceived on January 22, 1997; to the Committee Urban Affairs. on Governmental Affairs. and consent to ratification the Conven- EC–863. A communication from the Chair- tion Between the Government of the EC–850. A communication from the Sec- retary of the Interior, transmitting, pursu- man of the Board of Governors, United United States of America and the Gov- States Postal Service, transmitting, pursu- ernment of the Kingdom of Thailand ant to law, the report of the administration of the Marine Mammal Protection Act of ant to law, the report under the Government for the Avoidance of Double Taxation 1972 for calendar year 1993; to the Committee in the Sunshine Act for calendar year 1996; to and the Prevention of Fiscal Evasion on Commerce, Science, and Transportation. the Committee on Governmental Affairs. EC–864. A communication from the Post- with Respect to Taxes on Income, EC–851. A communication from the Assist- master General, Chief Executive Officer, signed at Bangkok, November 26, 1996. ant Secretary of Commerce for Communica- United States Postal Service, transmitting, tions and Information, transmitting, pursu- An enclosed exchange of notes, trans- pursuant to law, the 1996 annual report; to ant to law, a rule concerning the Tele- mitted for the information of the Sen- the Committee on Governmental Affairs. ate, provides clarification with respect communications and Information Infrastruc- EC–865. A communication from the Direc- to the application of the Convention in ture Assistance Program (RIN0660–ZA02) re- tor of the Office of Personnel Management, ceived on January 21, 1997; to the Committee transmitting, pursuant to law, the report of specified cases. Also transmitted is the on Commerce, Science, and Transportation. report of the Department of State con- a rule relative to the Presidential Manage- EC–852. A communication from the Office ment Intern Program, (RIN 3206–AH53) re- cerning the Convention. of the Chairman of the Surface Transpor- This Convention, which is similar to ceived on January 22, 1997; to the Committee tation Board, transmitting, pursuant to law, on Governmental Affairs. other tax treaties between the United the report of the revision of regulations for EC–866. A communication from the Direc- States and developing nations, provides interlocking rail officers received on Janu- tor of Administration and Management, Of- maximum rates of tax to be applied to ary 17, 1997; to the Committee on Commerce, fice of the Secretary of Defense, transmit- various types of income and protection Science, and Transportation. ting, pursuant to law, a report relative to from double taxation of income. The EC–853. A communication from the Chair the Pentagon; to the Committee on Appro- Convention also provides for the ex- of the Federal Energy Regulatory Commis- priations. sion, transmitting, pursuant to law, the re- EC–867. A communication from the Deputy change of information to prevent fiscal port on Government dam use charges; to the evasion and sets forth standard rules to Under Secretary (Industrial Affairs and In- Committee on Energy and Natural Re- stallations) for Acquisition and Technology, limit the benefits of the Convention to sources. Department of Defense, transmitting, pursu- persons that are not engaged in treaty EC–854. A communication from the Direc- ant to law, the report on the National De- shopping. tor of the Office of Regulatory Management fense Stockpile (NDS) for fiscal year 1996; to I recommend that the Senate give and Information, Environmental Protection the Committee on Armed Services. early and favorable consideration to Agency, transmitting, pursuant to law, six EC–868. A communication from the Federal this Convention and give its advice and rules including a rule entitled ‘‘The Acid Register Liaison Officer, Office of Thrift Su- consent to ratification. Rain Program’’ (FRL5679–9, 5678–1, 5677–6, pervision, transmitting, pursuant to law, the 5677–5, 5675–7, 5671–6) received on January 21, report of a rule entitled, ‘‘Regulatory Cita- WILLIAM J. CLINTON. 1997; to the Committee on Environment and tions to Uniform Financial Institutions Rat- THE WHITE HOUSE, January 28, 1997. Public Works. ing System’’ (RIN1550–AA99), received on f EC–855. A communication from the Direc- January 23, 1997; to the Committee on Bank- MESSAGES FROM THE PRESIDENT tor of the Fish and Wildlife Service, trans- ing, Housing, and Urban Affairs. mitting, pursuant to law, a rule entitled EC–869. A communication from the Sec- Messages from the President of the ‘‘Endangered Status For 2CA Insects’’ retary of Health and Human Services trans- United States were communicated to (RIN1018–AC50) received on January 22, 1997; mitting, pursuant to law, the report on Open

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S724 CONGRESSIONAL RECORD — SENATE January 28, 1997 Dumps on Indian Lands; to the Committee EC–882. A communication from the Chief of 1997; to the Committee on Commerce, on Indian Affairs. the Regulations Unit, Internal Revenue Science, and Transportation. EC–870. A communication from the Admin- Service, Department of the Treasury, trans- EC–893. A communication from the Man- istrator of the U.S. Agency for International mitting, pursuant to law, the report of a rule aging Director of the Federal Communica- Development transmitting, pursuant to law, relative to Controlled Foreign Corporation tions Commission, transmitting, pursuant to the report on Development Assistance Pro- (RIN1545–AO73) received on January 23, 1997; law, the report of a rule relative to FM gram Allocations for fiscal year 1997; to the to the Committee on Finance. broadcast stations, received on January 23, Committee on Foreign Relations. EC–883. A communication from the Acting 1997; to the Committee on Commerce, EC–871. A communication from the Assist- Assistant Secretary of State, Legislative Af- Science, and Transportation. ant Legal Adviser for Treaty Affairs, Depart- fairs, transmitting, pursuant to law, the re- EC–894. A communication from the Man- ment of State transmitting the report of the port of a certification regarding the inci- aging Director of the Federal Communica- texts of international agreements, other dental capture of sea turtles in commercial tions Commission, transmitting, pursuant to than treaties, and background statements; shrimping operations; to the Committee on law, the report of a rule relative to FM to the Committee on Foreign Relations. Commerce, Science, and Transportation. broadcast stations, received on January 23, EC–872. A communication from the Direc- EC–884. A communication from the Chair- 1997; to the Committee on Commerce, tor of the Office Regulations Management, man of the Surface Transportation Board, Science, and Transportation. Department of Veterans Affairs, transmit- transmitting, pursuant to law, the report of EC–895. A communication from the Man- ting, pursuant to law, the report of a rule a rule relative to Ex Parte No. 541 received aging Director of the Federal Communica- relative to refinancing loans (RIN2900–AH90) on January 22, 1997; to the Committee on tions Commission, transmitting, pursuant to received on January 23, 1997; to the Com- Commerce, Science, and Transportation. law, the report of a rule relative to FM mittee on Veterans Affairs. EC–885. A communication from the Acting broadcast stations, received on January 23, EC–873. A communication from the Deputy Administrator of the Federal Aviation Ad- 1997; to the Committee on Commerce, Associate Director for Compliance, Royalty ministration, Department of Transportation, Science, and Transportation. Management Program, Minerals Manage- transmitting, pursuant to law, the report on EC–896. A communication from the Man- ment Service, Department of the Interior, assistance provided to foreign aviation au- aging Director of the Federal Communica- transmitting, pursuant to law, notice of the thorities for fiscal year 1996; to the Com- tions Commission, transmitting, pursuant to intention to make refunds of offshore lease law, the report of a rule relative to FM mittee on Commerce, Science, and Transpor- revenues where a refund or recoupment is ap- broadcast stations, received on January 23, tation. propriate; to the Committee on Energy and EC–886. A communication from the General 1997; to the Committee on Commerce, Natural Resources. Counsel, Department of Transportation, Science, and Transportation. EC–874. A communication from the Direc- EC–897. A communication from the Man- transmitting, pursuant to law, the report of tor of the Office of Insular Affairs, Depart- aging Director of the Federal Communica- 30 rules including one rule relative to Air- ment of the Interior, transmitting, pursuant tions Commission, transmitting, pursuant to worthiness Directives (RIN2120–AA64, AA65, to law, the report, entitled ‘‘The Impact of law, the report of a rule relative to maritime AA66) received on January 23, 1997; to the the Compacts of Free Association on the communications, received on January 23, Committee on Commerce, Science, and United States Territories and Common- 1997; to the Committee on Commerce, Transportation. wealths and on the State of Hawaii’’; to the Science, and Transportation. EC–887. A communication from the Acting Committee on Energy and Natural Re- EC–898. A communication from the Sec- Deputy Assistant Administrator of the Na- sources. retary of the Mississippi River Commission, EC–875. A communication from the Direc- tional Ocean Service, National Oceanic and Corps of Engineers, Department of the Army, tor of the Office of Regulatory Management Atmospheric Administration, Department of transmitting, pursuant to law, the report and Information, Environmental Protection Commerce, transmitting, pursuant to law, under the Government in the Sunshine Act Agency, transmitting, pursuant to law, the the report of rule relative to the Farallones for calendar year 1996; to the Committee on report of a rule relative to approval and pro- National Marine Sanctuary (RIN0648–XX79) Governmental Affairs. mulgation of implementation plans received on January 24, 1997; to the Com- EC–899. A communication from the Comp- (FRL5649–6) received on January 23, 1997; to mittee on Commerce, Science, and Transpor- troller General of the United States, trans- the Committee on Environment and Public tation. mitting, pursuant to law, the report of the Works. EC–888. A communication from the Acting list of General Accounting Office reports and EC–876. A communication from the Assist- Assistant Administrator for Fisheries, Na- testimony for December 1996; to the Com- ant General Counsel for Regulations, Depart- tional Marine Fisheries Service, National mittee on Governmental Affairs. ment of Education, transmitting, pursuant Oceanic and Atmospheric Administration, EC–900. A communication from the Sec- to law, the report of a rule relative to direct Department of Commerce, transmitting, pur- retary of Health and Human Services, trans- grant programs (RIN1880–AA61) received on suant to law, the report of rule relative to mitting, pursuant to law, the report under January 24, 1997; to the Committee on Labor the American Lobster Fishery Management the Federal Managers’ Financial Integrity and Human Resources. Plan (RIN0648–AI83) received on January 23, Act for fiscal year 1996; to the Committee on EC–877. A communication from the Admin- 1997; to the Committee on Commerce, Governmental Affairs. istrator of the Farm Service Agency, Depart- Science, and Transportation. EC–901. A communication from the Deputy ment of Agriculture, transmitting, pursuant EC–889. A communication from the Acting Director of the Office of Personnel Manage- to law, the report of a rule relative to the Assistant Administrator for Fisheries, Na- ment, transmitting, pursuant to law, the re- Noninsured Crop Disaster Assistance Pro- tional Marine Fisheries Service, National port of a rule relative to prevailing rate sys- gram (RIN0560–AE85) received on January 22, Oceanic and Atmospheric Administration, tems (RIN3206–AH59); to the Committee on 1997; to the Committee on Agriculture, Nu- Department of Commerce, transmitting, pur- Governmental Affairs. trition, and Forestry. suant to law, the report of rule relative to EC–902. A communication from the Admin- EC–878. A communication from the Chair- the American Sea Scallop Fishery Manage- istrator of the Panama Canal Commission, man and Chief Executive Officer of the Farm ment Plan (RIN0648–AI77) received on Janu- transmitting, pursuant to law, the report Credit Administration, transmitting, pursu- ary 23, 1997; to the Committee on Commerce, under the Federal Managers’ Financial In- ant to law, the report of a rule relative to Science, and Transportation. tegrity Act for fiscal year 1996; to the Com- eligibility and scope of financing (RIN3052– EC–890. A communication from the Acting mittee on Governmental Affairs. AB10) received on January 23, 1997; to the Assistant Administrator for Fisheries, Na- EC–903. A communication from the Chair- Committee on Agriculture, Nutrition, and tional Marine Fisheries Service, National man of the National Endowment for the Hu- Forestry. Oceanic and Atmospheric Administration, manities, transmitting, pursuant to law, the EC–879. A communication from the Attor- Department of Commerce, transmitting, pur- report under the Federal Managers’ Finan- ney General of the United States transmit- suant to law, the report of a rule relative to cial Integrity Act; to the Committee on Gov- ting a report relative to Medicare and Med- the Northeast Multispecies Fishery Manage- ernmental Affairs. icaid Acts; to the Committee on Finance. ment Plan (RIN0648–AJ31) received on Janu- EC–904. A communication from the Chair- EC–880. A communication from the Chief of ary 23, 1997; to the Committee on Commerce, man of the Federal Mine Safety and Health Staff, Office of the Commissioner, Social Se- Science, and Transportation. Review Commission, transmitting, pursuant curity Administration, transmitting, pursu- EC–891. A communication from the Man- to law, the report under the Sunshine Act for ant to law, the report of rule relative to in- aging Director of the Federal Communica- 1996; to the Committee on Governmental Af- stitutionalized children (RIN0960–AE61) re- tions Commission, transmitting, pursuant to fairs. ceived on January 23, 1997; to the Committee law, the report of a rule relative to FM EC–905. A communication from the Chair- on Finance. broadcast stations, received on January 23, man Pro Tempore of the Council of the Dis- EC–881. A communication from the Chief of 1997; to the Committee on Commerce, trict of Columbia, transmitting, pursuant to the Regulations Unit, Internal Revenue Science, and Transportation. law, copies of D.C. Act 11–348 adopted by the Service, Department of the Treasury, trans- EC–892. A communication from the Man- Council on January 24, 1996; to the Com- mitting, pursuant to law, the report of a rule aging Director of the Federal Communica- mittee on Governmental Affairs. relative to Federal Grants (RIN1545–AU93) tions Commission transmitting, pursuant to EC–906. A communication from the Chair- received on January 24, 1997; to the Com- law, the report of a rule relative to FM man Pro Tempore of the Council of the Dis- mittee on Finance. broadcast stations received on January 23, trict of Columbia, transmitting, pursuant to

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S725 law, copies of D.C. Act 11–362 adopted by the trict of Columbia, transmitting, pursuant to S. Res. 31. A resolution providing for mem- Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–494 adopted by the bers on the part of the Senate of the Joint mittee on Governmental Affairs. Council on January 24, 1996; to the Com- Committee on Printing and the Joint Com- EC–907. A communication from the Chair- mittee on Governmental Affairs. mittee of Congress on the Library. man Pro Tempore of the Council of the Dis- EC–922. A communication from the Chair- S. Res. 32. A resolution to authorize the trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- printing of a collection of the rules of the law, copies of D.C. Act 11–381 adopted by the trict of Columbia, transmitting, pursuant to committees of the Senate. Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–496 adopted by the f mittee on Governmental Affairs. Council on January 24, 1996; to the Com- EC–908. A communication from the Chair- mittee on Governmental Affairs. EXECUTIVE REPORTS OF man Pro Tempore of the Council of the Dis- EC–923. A communication from the Chair- COMMITTEES trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- law, copies of D.C. Act 11–438 adopted by the trict of Columbia, transmitting, pursuant to The following executive reports of Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–497 adopted by the committees were submitted: mittee on Governmental Affairs. Council on January 24, 1996; to the Com- By Mr. D’AMATO, from the Committee on EC–909. A communication from the Chair- mittee on Governmental Affairs. Banking, Housing, and Urban Affairs: man Pro Tempore of the Council of the Dis- EC–924. A communication from the Chair- Alan M. Hantman, of New Jersey, to be Ar- trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- chitect of the Capitol for the term of 10 law, copies of D.C. Act 11–441 adopted by the trict of Columbia, transmitting, pursuant to years. Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–500 adopted by the By Mr. WARNER, from the Committee on mittee on Governmental Affairs. Council on January 24, 1996; to the Com- Rules and Administration: EC–910. A communication from the Chair- mittee on Governmental Affairs. Andrew M. Cuomo, of New York, to be Sec- man Pro Tempore of the Council of the Dis- EC–925. A communication from the Chair- retary of Housing and Urban Development. trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- law, copies of D.C. Act 11–442 adopted by the trict of Columbia, transmitting, pursuant to (The above nominations were re- Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–501 adopted by the ported with the recommendation that mittee on Governmental Affairs. Council on January 24, 1996; to the Com- they be confirmed, subject to the nomi- EC–911. A communication from the Chair- mittee on Governmental Affairs. nees’ commitment to respond to re- man Pro Tempore of the Council of the Dis- EC–926. A communication from the Chair- quests to appear and testify before any trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- law, copies of D.C. Act 11–443 adopted by the duly constituted committee of the Sen- trict of Columbia, transmitting, pursuant to ate.) Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–502 adopted by the mittee on Governmental Affairs. Council on January 24, 1996; to the Com- f EC–912. A communication from the Chair- mittee on Governmental Affairs. INTRODUCTION OF BILLS AND man Pro Tempore of the Council of the Dis- EC–927. A communication from the Chair- trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- JOINT RESOLUTIONS law, copies of D.C. Act 11–452 adopted by the trict of Columbia, transmitting, pursuant to The following bills and joint resolu- Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–503 adopted by the tions were introduced, read the first mittee on Governmental Affairs. Council on January 24, 1996; to the Com- EC–913. A communication from the Chair- and second time by unanimous con- mittee on Governmental Affairs. sent, and referred as indicated: man Pro Tempore of the Council of the Dis- EC–928. A communication from the Chair- trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- By Mr. INOUYE: law, copies of D.C. Act 11–453 adopted by the trict of Columbia, transmitting, pursuant to S. 204. A bill for the relief of Dogan Umut Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–504 adopted by the Evans; to the Committee on the Judiciary. mittee on Governmental Affairs. Council on January 24, 1996; to the Com- By Mr. FRIST (for himself and Mr. EC–914. A communication from the Chair- mittee on Governmental Affairs. ALLARD): man Pro Tempore of the Council of the Dis- EC–929. A communication from the Chair- S. 205. A bill to eliminate certain benefits trict of Columbia, transmitting, pursuant to man Pro Tempore of the Council of the Dis- for Members of Congress, and for other pur- law, copies of D.C. Act 11–455 adopted by the trict of Columbia, transmitting, pursuant to poses; to the Committee on Governmental Council on January 24, 1996; to the Com- law, copies of D.C. Act 11–506 adopted by the Affairs. mittee on Governmental Affairs. Council on January 24, 1996; to the Com- By Mr. REID: EC–915. A communication from the Chair- mittee on Governmental Affairs. S. 206. A bill to prohibit the application of man Pro Tempore of the Council of the Dis- the Religious Freedom Restoration Act of f trict of Columbia, transmitting, pursuant to 1993, or any amendment made by such act, to law, copies of D.C. Act 11–460 adopted by the REPORTS OF COMMITTEES an individual who is incarcerated in a Fed- Council on January 24, 1996; to the Com- The following reports of committees eral, State, or local correctional, detention, mittee on Governmental Affairs. or penal facility, and for other purposes; to EC–916. A communication from the Chair- were submitted: the Committee on the Judiciary. man Pro Tempore of the Council of the Dis- By Mr. CHAFEE, from the Committee on By Mr. MCCAIN (for himself, Mr. trict of Columbia, transmitting, pursuant to Environment and Public Works, without THOMPSON, Mr. KERRY, Mr. FEINGOLD, law, copies of D.C. Act 11–461 adopted by the amendment: Mr. KENNEDY, Mr. COATS, Mr. GLENN, Council on January 24, 1996; to the Com- S. Res. 26. A resolution authorizing ex- Mr. LIEBERMAN, and Mr. BROWNBACK): mittee on Governmental Affairs. penditures by the Committee on Environ- EC–917. A communication from the Chair- S. 207. A bill to review, reform, and termi- ment and Public Works. nate unnecessary and inequitable Federal man Pro Tempore of the Council of the Dis- By Mr. ROTH, from the Committee on Fi- trict of Columbia, transmitting, pursuant to subsidies; to the Committee on Govern- nance, without amendment: mental Affairs. law, copies of D.C. Act 11–462 adopted by the S. Res. 27. An original resolution author- By Mr. BOND: Council on January 24, 1996; to the Com- izing expenditures by the Committee on Fi- S. 208. A bill to provide Federal con- mittee on Governmental Affairs. nance. EC–918. A communication from the Chair- By Mr. D’AMATO, from the Committee on tracting opportunities for small business man Pro Tempore of the Council of the Dis- Banking, Housing, and Urban Affairs, with- concerns located in historically underuti- trict of Columbia, transmitting, pursuant to out amendment: lized business zones, and for other purposes; law, copies of D.C. Act 11–463 adopted by the S. Res. 28. An original resolution author- to the Committee on Small Business. Council on January 24, 1996; to the Com- izing expenditures by the Committee on By Mr. BREAUX: mittee on Governmental Affairs. Banking, Housing, and Urban Affairs. S. 209. A bill to increase the penalty for EC–919. A communication from the Chair- By Mr. MCCAIN, from the Committee on trafficking in powdered cocaine to the same man Pro Tempore of the Council of the Dis- Commerce, Science, and Transportation, level as the penalty for trafficking in crack trict of Columbia, transmitting, pursuant to without amendment: cocaine, and for other purposes; to the Com- law, copies of D.C. Act 11–490 adopted by the S. Res. 29. An original resolution author- mittee on the Judiciary. Council on January 24, 1996; to the Com- izing expenditures by the Committee on By Mr. MURKOWSKI (for himself and mittee on Governmental Affairs. Commerce, Science, and Transportation. Mr. AKAKA): EC–920. A communication from the Chair- By Mr. SHELBY, from the Select Com- S. 210. A bill to amend the Organic Act of man Pro Tempore of the Council of the Dis- mittee on Intelligence, without amendment: Guam, the Revised Organic Act of the Virgin trict of Columbia, transmitting, pursuant to S. Res. 30. A resolution authorizing ex- Islands, and the Compact of Free Association law, copies of D.C. Act 11–493 adopted by the penditures by the Select Committee on In- Act, and for other purposes; to the Com- Council on January 24, 1996; to the Com- telligence. mittee on Energy and Natural Resources. mittee on Governmental Affairs. By Mr. WARNER, from the Committee on By Mr. WELLSTONE: EC–921. A communication from the Chair- Rules and Administration, without amend- S. 211. A bill to amend title 38, United man Pro Tempore of the Council of the Dis- ment: States Code, to extend the period of time for

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S726 CONGRESSIONAL RECORD — SENATE January 28, 1997 the manifestation of chronic disabilities due tions on the creation of an integrated, co- Commerce, Science, and Transportation; to undiagnosed symptoms in veterans who ordinated Federal policy designed to prepare from the Committee on Commerce, Science, served in the Persian Gulf war in order for for and respond to serious drought emer- and Transportation; to the Committee on those disabilities to be compensable by the gencies; to the Committee on Governmental Rules and Administration. Secretary of Veterans Affairs; to the Com- Affairs. By Mr. SHELBY: mittee on Veterans’ Affairs. By Mr. THURMOND (for himself, Mr. S. Res. 30. A resolution authorizing ex- S. 212. A bill to increase the maximum FAIRCLOTH, Mr. HELMS, Mr. HUTCH- penditures by the Select Committee on In- Federal Pell grant award in order to allow INSON, Mr. KEMPTHORNE, Mr. SHELBY, telligence; from the Select Committee on In- more American students to afford higher and Mr. SESSIONS): telligence; to the Committee on Rules and education, and to express the sense of the S. 223. A bill to prohibit the expenditure of Administration. Senate; to the Committee on Labor and Federal funds on activities by Federal agen- By Mr. WARNER: Human Resources. cies to encourage labor union membership, S. Res. 31. A resolution providing for mem- By Mr. LEAHY (for himself, Mr. FEIN- and for other purposes; to the Committee on bers on the part of the Senate of the Joint GOLD, and Mr. JEFFORDS): Labor and Human Resources. Committee on Printing and the Joint Com- S. 213. A bill to amend section 223 of the By Mr. WARNER: Communications Act of 1934 to repeal S. 224. A bill to amend title 10, United mittee of Congress on the Library; from the amendments on obscene and harassing use of States Code, to permit covered beneficiaries Committee on Rules and Administration; telecommunications facilities made by the under the military health care system who placed on the calendar. Communications Decency Act of 1996 and to are also entitled to Medicare to enroll in the By Mr. WARNER: restore the provisions of such section on Federal Employees Health Benefits Program, S. Res. 32. A resolution to authorize the such use in effect before the enactment of and for other purposes; to the Committee on printing of a collection of the rules of the the Communications Decency Act of 1996; to Armed Services. committees of the Senate; from the Com- the Committee on Commerce, Science, and By Mr. KOHL: mittee on Rules and Administration; placed Transportation. S. 225. A bill to amend chapter 111 of title on the calendar. By Mr. AKAKA (for himself, Mr. 28, United States Code, relating to protective INOUYE, and Mr. GLENN): orders, sealing of cases, disclosures of dis- f S. 214. A bill to amend the Robert T. Staf- covery information in civil actions, and for ford Disaster Relief and Emergency Assist- other purposes; to the Committee on the Ju- STATEMENTS ON INTRODUCED ance Act to combat fraud and price gouging diciary. committed in connection with the provision By Mr. KOHL (for himself and Mr. BILLS AND JOINT RESOLUTIONS of consumer goods and services for the clean- DEWINE): By Mr. INOUYE: up, repair, and recovery from the effects of a S. 226. A bill to establish felony violations major disaster declared by the President, for the failure to pay legal child support ob- S. 204. A bill for the relief of Dogan and for other purposes; to the Committee on ligations, and for other purposes; to the Umut Evans; to the Committee on the Environment and Public Works. Committee on the Judiciary. Judiciary. By Mr. JEFFORDS: By Mr. GREGG: PRIVATE RELIEF LEGISLATION S. 215. A bill to amend the Solid Waste Dis- S. 227. A bill to establish a locally oriented posal Act to require a refund value for cer- commission to assist the city of Berlin, NH, ∑ Mr. INOUYE. Mr. President, I ask tain beverage containers, to provide rein identifying and studying its region’s his- unanimous consent that the text of the sources for State pollution prevention and torical and cultural assets, and for other bill be printed in the RECORD. recycling programs, and for other purposes; purposes; to the Committee on Energy and There being no objection, the bill was to the Committee on Commerce, Science, Natural Resources. and Transportation. By Mr. DORGAN (for himself, Mr. ordered to be printed in the RECORD, as By Mr. JEFFORDS (for himself, Mr. DASCHLE, Mr. REID, Mrs. FEINSTEIN, follows: FRIST, and Mrs. HUTCHISON): Mr. FORD, Mr. HOLLINGS, and Mr. S. 204 S. 216. A bill to amend the Individuals with WYDEN): Disabilities Education Act to authorize ap- S.J. Res. 12. A joint resolution proposing a Be it enacted by the Senate and House of Rep- propriations for fiscal years 1998 through balanced budget constitutional amendment; resentatives of the United States of America in 2002, and for other purposes; to the Com- to the Committee on the Judiciary. Congress assembled, mittee on Labor and Human Resources. By Mr. SHELBY: SECTION 1. IMMEDIATE RELATIVE STATUS FOR By Mr. BIDEN: S.J. Res. 13. A joint resolution proposing DOGAN UMUT EVANS. S. 217. A bill to amend title 38, United an amendment to the Constitution of the (a) IN GENERAL.—Dogan Umut Evans shall States Code, to provide for the payment to United States which requires (except during be classified as a child under section States of plot allowances for certain vet- time of war and subject to suspension by the 101(b)(1)(F) of the Immigration and Nation- erans eligible for burial in a national ceme- Congress) that the total amount of money ality Act for purposes of approval of a rel- tery who are buried in cemeteries of such expended by the United States during any ative visa petition filed under section 204 of States; to the Committee on Veterans’ Af- fiscal year not exceed the amount of certain such Act by his adoptive parent and the fil- fairs. revenue received by the United States during S. 218. A bill to invest in the future Amer- ing of an application for an immigrant visa such fiscal year and not exceed 20 percent of or adjustment of status. ican workforce and to ensure that all Ameri- the gross national product of the United cans have access to higher education by pro- States during the previous calendar year; to (b) ADJUSTMENT OF STATUS.—If Dogan viding tax relief for investment in a college the Committee on the Judiciary. Umut Evans enters the United States before education and by encouraging savings for the filing deadline specified in subsection (c), f college costs, and for other purposes; to the he shall be considered to have entered and Committee on Finance. SUBMISSION OF CONCURRENT AND remained lawfully and shall, if otherwise eli- By Mr. DASCHLE (for himself and Mr. SENATE RESOLUTIONS gible, be eligible for adjustment of status GRASSLEY): The following concurrent resolutions under section 245 of the Immigration and Na- S. 219. A bill to amend the Trade Act of tionality Act as of the date of the enactment 1974 to establish procedures for identifying and Senate resolutions were read, and of this Act. referred (or acted upon), as indicated: countries that deny market access for value- (c) DEADLINE FOR APPLICATION AND PAY- added agricultural products of the United By Mr. CHAFEE: MENT OF FEES.—Subsections (a) and (b) shall States; to the Committee on Finance. S. Res. 26. A resolution authorizing ex- apply only if the petition and the application By Mr. GRASSLEY (for himself and penditures by the Committee on Environ- for issuance of an immigrant visa or the ap- Mr. DASCHLE): ment and Public Works; from the Committee plication for adjustment of status are filed S. 220. A bill to require the U.S. Trade Rep- on Environment and Public Works; to the with appropriate fees within 2 years after the resentative to determine whether the Euro- Committee on Rules and Administration. date of the enactment of this Act. pean Union has failed to implement satisfac- By Mr. ROTH: (d) REDUCTION OF IMMIGRANT VISA NUM- torily its obligations under certain trade S. Res. 27. An original resolution author- BER.—Upon the granting of an immigrant agreements relating to U.S. meat and pork izing expenditures by the Committee on Fi- visa or permanent residence to Dogan Umut exporting facilities, and for other purposes; nance; from the Committee on Finance; to Evans, the Secretary of State shall instruct to the Committee on Finance. the Committee on Rules and Administration. the proper officer to reduce by 1, for the cur- By Mr. GREGG: By Mr. D’AMATO: S. 221. A bill to amend the Social Security S. Res. 28. An original resolution author- rent or next following fiscal year, the world- Act to require the Commissioner of Social izing expenditures by the Committee on wide level of family-sponsored immigrants Security to submit specific legislative rec- Banking, Housing and Urban Affairs; from under section 201(c)(1)(A) of the Immigration ommendations to ensure the solvency of the the Committee on Banking, Housing, and and Nationality Act. social security trust funds; to the Committee Urban Affairs; to the Committee on Rules (e) DENIAL OF PREFERENTIAL IMMIGRATION on Finance. and Administration. TREATMENT FOR CERTAIN RELATIVES.—The By Mr. DOMENICI: By Mr. MCCAIN: natural parents, brothers, and sisters of S. 222. A bill to establish an advisory com- S. Res. 29. An original resolution author- Dogan Umut Evans, if any, shall not, by vir- mission to provide advice and recommenda- izing expenditures by the Committee on tue of such relationship, be accorded any

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S727 right, privilege, or status under the Immi- Requiring public disclosure of all service occurring before the date of the en- gration and Nationality Act.∑ Members’ Federal retirement benefits. actment of this Act (including any survivor Banning personal use of officially ac- annuity based on the death of the individual By Mr. FRIST (for himself and crued frequent flier miles. who so separated); or Mr. ALLARD): (2) any other annuity (or benefit), to the S. 205. A bill to eliminate certain Banning taxpayer-financed mass extent provided under subsection (e). benefits for Members of Congress, and mailings. (e) PRESERVATIONS OF RIGHTS BASED ON for other purposes; to the Committee Restricting use of military aircraft PRIOR SERVICE.— on Governmental Affairs. by Members of Congress. (1) IN GENERAL.—For purposes of deter- Prohibiting free treatment at mili- mining eligibility for, or the amount of, any THE CITIZEN CONGRESS ACT ∑ tary medical facilities. annuity (or other benefit) referred to in sub- Mr. FRIST. Mr. President, I intro- section (d)(2) based on service as a Member duce the Citizen Congress Act, a bill Banning special parking privileges at Washington-area airports. of Congress— that ends many of the perks and privi- (A) all service as a Member of Congress leges that separate Members of Con- A companion bill, H.R. 436, was intro- shall be disregarded except for any such serv- gress from the American people. duced in the House of Representatives ice performed before the date of the enact- Our Founding Fathers envisioned a by Congressman MARK SANFORD. ment of this Act; and Congress of citizen legislators who At a time when everyone is tight- (B) all pay for service performed as a Mem- would leave their families and commu- ening their belts to balance the Federal ber of Congress shall be disregarded other nities for a short time to write legisla- budget and restore confidence in our than pay for service which may be taken into account under subparagraph (A). tion and then return home to live Government, it is only right that Mem- bers of Congress eliminate the perks (2) PRESERVATION OF RIGHTS.—To the ex- under the laws they helped to pass. Un- tent practicable, eligibility for, and the fortunately, we have strayed far from and privileges that are not necessary amount of, any annuity (or other benefit) to that vision. A strong perception exists to conduct congressional business. The which an individual is entitled based on a among the American people that elect- Citizen Congress Act launches the next separation of a Member of Congress occur- ed officials in Washington have placed stage of Government reform by focus- ring after such Member becomes ineligible to themselves above the laws and sepa- ing on the Members of Congress them- participate in the Civil Service Retirement rated themselves from the public with selves. I encourage my colleagues to System or the Federal Employees’ Retire- perks and privileges. Enacting term join me in passing this important legis- ment System (as the case may be) by reason lation and bringing Congress another of subsection (a) shall be determined in a limits would be the best way to re-cre- manner that preserves any rights to which ate a citizen legislature, and I remain step closer to the American people. the Member would have been entitled, as of committed to passing a term limits Mr. President, I ask unanimous con- the date of the enactment of this Act, had amendment to the Constitution. In the sent that the text of the bill be printed separation occurred on such date. meantime, reforming congressional in the RECORD. (f) REGULATIONS.—Any regulations nec- pensions, pay, and perks offers an im- There being no objection, the bill was essary to carry out this section may be pre- mediately achievable step toward mak- ordered to be printed in the RECORD, as scribed by the Office of Personnel Manage- ing Congress more directly responsible follows: ment and the Executive Director (referred to in section 8401(13) of title 5, United States S. 205 and accountable to the American peo- Code) with respect to matters within their ple. Be it enacted by the Senate and House of Rep- respective areas of responsibility. When I was elected to the U.S. Sen- resentatives of the United States of America in (g) DEFINITION.—As used in this section, ate a little more than 2 years ago, vot- Congress assembled, the terms ‘‘Member of Congress’’ and ‘‘Mem- ers placed their trust in me to help SECTION 1. SHORT TITLE. ber’’ mean any individual under section change the way the U.S. Congress does This Act may be cited as the ‘‘Citizen Con- 8331(2) or 8401(20) of title 5, United States business. With passage of the Congres- gress Act’’. Code. sional Accountability Act and tough SEC. 2. LIMITATION ON RETIREMENT COVERAGE (h) RULE OF CONSTRUCTION.—Nothing in lobbying reform in the last Congress, FOR MEMBERS OF CONGRESS. this section shall be considered to apply with respect to any savings plan or other matter we have begun serious, bipartisan re- (a) IN GENERAL.—Notwithstanding any other provision of law, effective at the begin- outside of subchapter III of chapter 83 or form efforts. But we cannot afford to ning of the Congress next beginning after the chapter 84 of title 5, United States Code. stop there. date of the enactment of this Act, a Member SEC. 3. DISCLOSURE OF ESTIMATES OF FEDERAL Congressional perks and privileges of Congress shall be ineligible to participate RETIREMENT BENEFITS OF MEM- are not limited to gifts from lobbyists in the Civil Service Retirement System or BERS OF CONGRESS. and exemptions from certain laws. In the Federal Employees’ Retirement System, (a) IN GENERAL.—Section 105(a) of the Leg- fact, most people would be surprised— except as otherwise provided under this sec- islative Branch Appropriations Act, 1965 (2 even shocked—to know that Members tion. U.S.C. 104a; Public Law 88–454; 78 Stat. 550) is of Congress can receive free health care (b) PARTICIPATION IN THE THRIFT SAVINGS amended by adding at the end the following from military hospitals or that they PLAN.—Notwithstanding subsection (a), a new paragraph: Member may participate in the Thrift Sav- ‘‘(4) The Secretary of the Senate and the receive automatic cost-of-living adjust- ings Plan subject to section 8351 of title 5, Clerk of the House of Representatives shall ments [COLA’s] for their salaries and United States Code, at anytime during the include in each report submitted under para- pensions. We must address these issues 12-year period beginning on the date the graph (1), with respect to Members of Con- as well. To continue building con- Member begins his or her first term. gress, as applicable— fidence in our Government, we must (c) REFUNDS OF CONTRIBUTIONS.— ‘‘(A) the total amount of individual con- continue building confidence in the (1) IN GENERAL.—Nothing in subsection (a) tributions made by each Member to the Civil people who serve there. shall prevent refunds from being made, in ac- Service Retirement and Disability Fund and Today, I join my colleague from Col- cordance with otherwise applicable provi- the Thrift Savings Fund under chapters 83 sions of law (including those relating to the and 84 of title 5, United States Code, for all orado, Senator WAYNE ALLARD, in re- Thrift Savings Plan), on account of an indi- Federal service performed by the Member as introducing a comprehensive congres- vidual’s becoming ineligible to participate in a Member of Congress and as a Federal em- sional reform bill. The legislation, en- the Civil Service Retirement System or the ployee; titled the Citizen Congress Act, will Federal Employees’ Retirement System (as ‘‘(B) an estimate of the annuity each Mem- help restore faith and trust in our Gov- the case may be) as a result of the enact- ber would be entitled to receive under chap- ernment by attacking the ‘‘10 Pillars of ment of this section. ters 83 and 84 of such title based on the ear- Perkdom.’’ The 10 Pillars include: (2) TREATMENT OF REFUND.—For purposes of liest possible date to receive annuity pay- Eliminating the taxpayer subsidy of any refund referred to in paragraph (1), a ments by reason of retirement (other than congressional pensions. Member who so becomes ineligible to partici- disability retirement) which begins after the Eliminating automatic cost-of-living pate in either of the retirement systems re- date of expiration of the term of office such ferred to in paragraph (1) shall be treated in Member is serving; and adjustments for congressional pen- the same way as if separated from service. ‘‘(C) any other information necessary to sions. (d) ANNUITIES NOT AFFECTED TO THE EX- enable the public to accurately compute the Eliminating automatic pay raises for TENT BASED ON PRIOR SERVICE.—Subsection Federal retirement benefits of each Member Members of Congress. (a) shall not be considered to affect— based on various assumptions of years of Requiring a rollcall vote for any pay (1) any annuity (or other benefit) entitle- service and age of separation from service by raise. ment to which is based on a separation from reason of retirement.’’.

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(b) EFFECTIVE DATE.—This section shall (4) Subsection (f) of section 311 of the Leg- ‘‘1107. Prohibition on provision of medical take effect 1 year after the date of the enact- islative Branch Appropriations Act, 1991 (2 and dental care to Members of ment of this Act. U.S.C. 59e(f)) is repealed. Congress.’’. SEC. 4. ELIMINATION OF AUTOMATIC ANNUITY (c) EFFECTIVE DATE.—The amendments (b) EFFECT ON MEMBERS CURRENTLY RE- ADJUSTMENTS FOR MEMBERS OF made by this section shall take effect at the CEIVING CARE.—Section 1107 of title 10, CONGRESS. beginning of the Congress next beginning United States Code, as added by subsection The portion of the annuity of a Member of after the date of the enactment of this Act. (a), shall not apply with respect to a Member Congress which is based solely on service as SEC. 9. RESTRICTIONS ON USE OF MILITARY AIR of Congress who is receiving medical or den- a Member of Congress shall not be subject to COMMAND BY MEMBERS OF CON- tal care in a facility of the uniformed serv- a COLA adjustment under section 8340 or 8462 GRESS. of title 5, United States Code. ices on the date of the enactment of this Act (a) RESTRICTIONS.— until the Member is discharged from that fa- SEC. 5. ELIMINATION OF AUTOMATIC PAY AD- (1) IN GENERAL.—Chapter 157 of title 10, cility. JUSTMENTS FOR MEMBERS OF CON- United States Code, is amended by adding at GRESS. SEC. 11. ELIMINATION OF CERTAIN RESERVED the end the following: (a) PAY ADJUSTMENTS.—Paragraph (2) of PARKING AREAS AT WASHINGTON section 601(a) of the Legislative Reorganiza- ‘‘§ 2646. Restrictions on provision of air trans- NATIONAL AIRPORT AND WASH- tion Act of 1946 (2 U.S.C. 31) is repealed. portation to Members of Congress INGTON DULLES INTERNATIONAL AIRPORT. (b) CONFORMING AMENDMENT.—Section ‘‘(a) RESTRICTIONS.—A Member of Congress (a) IN GENERAL.—Effective 30 days after the 601(a)(1) of such Act is amended— may not receive transportation in an air- date of the enactment of this section, the (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; craft of the Military Air Command unless— Airports Authority— (2) by redesignating subparagraphs (A), (B), ‘‘(1) the transportation is provided on a (1) shall not provide any reserved parking and (C) as paragraphs (1), (2), and (3), respec- space-available basis as part of the scheduled areas free of charge to Members of Congress, tively; and operations of the military aircraft unrelated other Government officials, or diplomats at (3) by striking ‘‘, as adjusted by paragraph to the provision of transportation to Mem- Washington National Airport or Washington (2) of this subsection’’. bers of Congress; Dulles International Airport; and SEC. 6. ROLLCALL VOTE FOR ANY CONGRES- ‘‘(2) the use of the military aircraft is nec- (2) shall establish a parking policy for such SIONAL PAY RAISE. essary because the destination of the Mem- airports that provides equal access to the It shall not be in order in the Senate or the ber of Congress, or an airfield located within public, and does not provide preferential House of Representatives to dispose of any reasonable distance of the destination, is not parking privileges to Members of Congress, amendment, bill, resolution, motion, or accessible by regularly scheduled flights of other Government officials, or diplomats. other matter relating to the pay of Members commercial aircraft; or (b) DEFINITIONS.—As used in this section, of Congress unless the matter is decided by a ‘‘(3) the use of the military aircraft is the rollcall vote. the terms ‘‘Airports Authority’’, ‘‘Wash- least expensive method for the Member of ington National Airport’’, and ‘‘Washington SEC. 7. TRAVEL AWARDS FROM OFFICIAL TRAVEL Congress to reach the destination by air- OF A MEMBER, OFFICER, OR EM- Dulles International Airport’’ have the same craft, as demonstrated by information re- PLOYEE OF THE HOUSE OF REP- meanings as in section 6004 of the Metropoli- RESENTATIVES TO BE USED ONLY leased before the trip by the member or com- tan Washington Airports Act of 1986 (49 WITH RESPECT TO OFFICIAL TRAV- mittee of Congress sponsoring the trip. U.S.C. App. 2453).∑ EL. ‘‘(b) DESTINATION.—In connection with ∑ Mr. ALLARD. Mr. President, I am (a) IN GENERAL.—Notwithstanding any transportation provided under subsection other provision of law, or any rule, regula- (a)(1), the destination of the military air- proud to be an original sponsor of the tion, or other authority, any travel award craft may not be selected to accommodate citizen Congress Act with my distin- that accrues by reason of official travel of a the travel plans of the Member of Congress guished colleague from Tennessee, Sen- Member, officer, or employee of the House of requesting such transportation. ator BILL FRIST. As a Member of the Representatives may be used only with re- ‘‘(c) AIRCRAFT DEFINED.—For purposes of other body, I was an original sponsor of spect to official travel. this section, the term ‘aircraft’ includes both this bill with Representative MARK (b) REGULATIONS.—The Committee on fixed-wing airplanes and helicopters.’’. SANFORD, who reintroduced the CCA House Oversight of the House of Representa- (2) TECHNICAL AND CONFORMING AMEND- earlier this month. tives shall have authority to prescribe regu- MENT.—The table of sections at the begin- lations to carry out this section. ning of such chapter is amended by adding at This legislation is an important ele- (c) DEFINITIONS.—As used in this section— the end the following: ment of true political reform. A first (1) the term ‘‘travel award’’ means any fre- ‘‘2646. Restrictions on provision of air trans- step was the passage of the Congres- quent flier mileage, free travel, discounted sional Accountability Act which ap- travel, or other travel benefit, whether portation to Members of Con- awarded by coupon, membership, or other- gress.’’. plied labor laws to Congress. The next wise; and (b) EFFECT ON MEMBERS CURRENTLY RE- important step is the Citizen Congress (2) the term ‘‘official travel’’ means, with CEIVING TRANSPORTATION.—Section 2643 of Act. This act is to be a reminder to respect to the House of Representatives, title 10, United States Code, as added by sub- members of both legislative bodies that travel performed for the conduct of official section (a), shall not apply with respect to a we are citizen legislators in the true business of the House of Representatives. Member of Congress who, as of the date of sense of service as envisioned by our SEC. 8. BAN ON MASS MAILINGS. the enactment of this Act, is receiving air Founding Fathers. (a) IN GENERAL.—Paragraph (6)(A) of sec- transportation or is scheduled to receive The CCA is a comprehensive bill tion 3210(a) of title 39, United States Code, is transportation in an aircraft of the Military amended to read as follows: Air Command until the Member completes which eliminates many of the perks ‘‘(6)(A) It is the intent of Congress that a the travel plans for which the transportation and privileges which Congress are af- Member of, or Member-elect to, Congress is being provided or scheduled. forded. It uses the congressional pen- may not mail any mass mailing as franked SEC. 10. PROHIBITION ON USE OF MILITARY MED- sion system to encourage limited serv- mail.’’. ICAL TREATMENT FACILITIES BY ice and calls for full disclosure of esti- (b) TECHNICAL AND CONFORMING AMEND- MEMBERS OF CONGRESS. mates of our retirement benefits. It MENTS.— (a) PROHIBITION.— (1) The second sentence of section 3210(c) of also eliminates the automatic COLA (1) IN GENERAL.—Chapter 55 of title 10, for Member’s salaries. If we want a sal- title 39, United States Code, is amended by United States Code, is amended by adding at striking ‘‘subsection (a) (4) and (5)’’ and in- the end the following: ary increase, we will have to vote for serting ‘‘subsection (a) (4), (5), and (6)’’. an increase. The CCA disallows any (2) Section 3210 of title 39, United States ‘‘§ 1107. Prohibition on provision of medical and dental care to Members of Congress personal use of frequent flier mileage Code, is amended— accrued on official business. This bill (A) in subsection (a)(3)— ‘‘A Member of Congress may not receive (i) in subparagraph (G) by striking ‘‘, in- medical or dental care in any facility of any would limit the use of frequent flier cluding general mass mailings,’’; and uniformed service unless— miles for only trips to and from the (ii) in subparagraphs (I) and (J) by striking ‘‘(1) the Member of Congress is eligible or Senator’s State. The CCA also bans all ‘‘or other general mass mailing’’; entitled to such care as a member or former postal patron franked mailings. This (B) in subsection (a)(6) by repealing sub- member of a uniformed service or as a cov- means no more unsolicited mailings to paragraphs (B), (C), and (F), and the second ered beneficiary; or constituents. sentence of subparagraph (D); ‘‘(2) such care is provided on an emergency Also, Senators will no longer be able (C) by repealing paragraph (7) of subsection basis unrelated to the person’s status as a to travel on military aircraft, except (a); and Member of Congress.’’. (D) by repealing subsection (f). (2) TECHNICAL AND CONFORMING AMEND- where there is space available on al- (3) Section 316(a) of the Legislative Branch MENT.—The table of sections at the begin- ready scheduled military flights or Appropriations Act, 1990 (39 U.S.C. 3210 note) ning of such chapter is amended by adding at where there are no commercial flights is repealed. the end the following: to a specific destination. Members will

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S729 no longer receive free medical atten- denied in violation of the first amend- The Religious Freedom Restoration tion at military hospitals unless they ment because they want special serv- Act sought to provide the legal protec- are veterans and can receive this med- ices, including incense and special jew- tions supporting the right to freely ex- ical benefit like any other veteran. Fi- elry. ercise one’s religious beliefs. Providing nally, the CAA eliminates special park- Mr. President, this is serious busi- inmates with these same rights, I said, ing privileges for Members of Congress, ness that the prisoners have made a was a disaster and was a recipe for dis- Supreme Court Justices, and foreign mockery of. My amendment should aster; and it has been proven to be an diplomats at Washington National and have passed when I offered it. We understatement. Dulles airports. should make sure that this nonsense is Our courts now have to spend their I believe this will make us more re- stopped. There are protections in my time wading through lawsuits filed by sponsive to our constituents because legislation. If someone is being denied inmates that are ridiculous, for lack of no longer will we have the special their religious practices, certainly a better description. I have described privileges which citizens are not given. there are protections there. But protec- some of these lawsuits this morning. I Legislators should have to walk in the tions of the Religious Freedom Res- have described them in the past. I ask same shoes as everyone else, thus mak- toration Act would be denied these my colleagues to join with me to take ing them more sensitive to the con- prisoners, and I believe rightfully so. this pressure off our court system and cerns and trials of the constituents As I indicated, I addressed this prob- off the taxpayers of this country. This which we are serving. lem several years go. The problem is is wrong, what they are doing, and we Again, I thank Senator FRIST for all inmates abuse the special protections have the obligation to stop it. his hard work and effort in this endeav- provided under the Religious Freedom ∑ or. Restoration Act. During consideration By Mr. MCCAIN (for himself, Mr. of this bill in 1993 or 1994, I offered an By Mr. REID: THOMPSON, Mr. KERRY, Mr. S. 206. A bill to prohibit the applica- amendment to exempt prisoners from FEINGOLD, Mr. KENNEDY, Mr. tion of the Religious Freedom Restora- the coverage of this act as I have indi- COATS, Mr. GLENN, Mr. LIEBER- tion Act of 1993, or any amendment cated. I did so then because I feared MAN, and Mr. BROWNBACK): made by such act, to an individual who these special protections would be S. 207. A bill to review, reform, and is incarcerated in a Federal, State, or abused by inmates. They have been terminate unnecessary and inequitable local correctional, detention, or penal abused by inmates. Whatever I said on Federal subsidies; to the Committee on facility, and for other purposes; to the the Senate floor was not enough, be- Governmental Affairs. cause they have even outdone my ex- Committee on the Judiciary. THE CORPORATE SUBSIDY REFORM COMMISSION pectations. THE RELIGIOUS FREEDOM RESTORATION ACT OF ACT I say, regrettably, I wish I would 1993 PRISONER PROHIBITION ACT OF 1997 ∑ Mr. MCCAIN. Mr. President, today I have been wrong. I wish that I had been Mr. REID. Mr. President, the reason I am introducing legislation to establish wrong and that these inmates would came to the floor today was not to talk an independent, nonpartisan Commis- not have abused the legislation that about the balanced budget amendment, sion to eliminate corporate pork from did pass. But it is apparent now that which I have been happy to do, but I the Federal budget. inmates are in fact abusing the special came here because I am going to intro- The nine-member Commission, called duce legislation today that will ex- rights under this act. I have worked with the chairman of the Corporate Subsidy Reform Com- clude prison inmates from the protec- the Judiciary Committee, my friend mission, would be charged with review- tions of the Religious Freedom Res- from the State of Utah, to address the ing all Federal subsidies to private in- toration Act. larger problem of frivolous prisoner dustry, including special interest tax Why would I want to do something provisions. The Commission would like that? Well, when this bill came to lawsuits, and we were able to accomplish something last year, maybe not identify those programs which are un- the Senate floor approximately 2 years necessary, unfair, or not in the clear ago, I offered an amendment at that enough. We may even need to revisit that to find out if we were able to plug and compelling public interest, and time that said I want people’s religious recommend them to Congress for re- freedoms restored but I think we have all the holes with the Prisoner Litiga- tion Reform Act. form or termination. Congress would to be careful about prisoners and they then be required to consider and vote should not be part of this because they I believe we need to do more to curb the ongoing abuses occurring under the on a comprehensive corporate subsidy are going to take advantage of it. Well, reform package under expedited floor they are taking advantage of it. One Religious Freedom Restoration Act despite the Prisoner Litigation Reform procedures. prisoner in New York has filed 3,000 Mr. President, our Nation cannot lawsuits. Act. Today I am introducing this bill continue to bear the financial burden What are these lawsuits about? of servicing an ever-growing $5.3 tril- In Nebraska there was a lawsuit filed which will prohibit the application of lion national debt—which equates to because an inmate thinks he is a the Religious Freedom Restoration Act more than $19,000 in debt for every woman trapped in a man’s body and to inmates in a Federal, State, or local man, woman, and child in the country. strip searches by male prison officials penal facility. I intend to meet with We are asking millions of Americans— are not allowed by his religion. Should the Attorney General of the United from families who receive food stamps we take up the courts’ time with this States so that she appreciates the to our men and women in uniform—to type of litigation? growing litigation that they face in the We have another case where a satanic area. Criminals should not enjoy the sacrifice in order to rein in our annual group—they are in prison, of course— same rights and privileges as law-abid- budget deficits and begin to pay down filed suit because they were not given ing citizens. The sad commentary in that debt. unbaptized baby fat for their candles. our present system, Mr. President, is As a matter of simple fairness, we About 40 percent of the courts’ time, they enjoy more rights than many peo- have an obligation to ensure that cor- the Federal court’s time in Nevada is ple who are outside prisons. porate interests share the burden of taken up with this kind of stuff. We need not go through the litany of deficit reduction. Last year, the CATO In Nevada we have an inmate suing a cable television, gyms better than peo- Institute and the Progressive Policy chaplain for refusing to conduct a mar- ple can buy membership in on the out- Institute identified 125 Federal pro- riage ceremony for this man and his side, libraries that are unsurpassed, ex- grams that subsidize industry to the male friend. The plaintiff and his ercise areas, food, three square meals a tune of $85 billion every year, and the friend are both members of the Uni- day, nice clean clothes. They have a Progressive Policy Institute found an versal Life Church which he claims al- pretty good deal. One of the deals I do additional $30 billion in tax loopholes lows two people of the same sex to not think they should have is the abil- for powerful industries. marry. ity to file these lawsuits with an The American public cannot under- In Nevada inmates allege their in- unending array of ideas at the expense stand why we continue to pay these ability to practice a religion is being of the taxpayers. huge subsidies to corporate interests,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S730 CONGRESSIONAL RECORD — SENATE January 28, 1997 at a time when we are asking average ness concerns located in historically Testifying in support of the HUBZone private citizens to tighten their belts. underutilized business zones, and for Act of 1996 was C. Austin Fitts, co- Corporate pork cannot be justified in other purposes; to the Committee on founder of e.villages, who testified an environment where our highest fis- Small Business. about the ‘‘significant relationship be- cal priority is balancing the Federal THE HUBZONE ACT OF 1997 tween’’ S. 1574 and Federal housing pol- budget. Mr. BOND. Mr. President, today I in- icy. Ms. Fitts emphasized the impor- Let me say very frankly that I do not troduce the HUBZone Act of 1997. The tance of this legislation to create new generally like the idea of commissions. purpose underlying this bill is to create inner city jobs for unemployed or un- It is a sad commentary on the state of new opportunities for growth in dis- deremployed residents. politics today that the Congress cannot tressed urban and rural communities, The income generated by these new even cut those programs that are obvi- which have suffered tremendous eco- HUBZone jobs can offset the reduction ously wasteful, unnecessary, or unfair. nomic decline. This legislation would of housing and income supplements. Unfortunately, however, Members of provide for an immediate infusion of Furthermore, as an employee of ETS Congress have demonstrated time and cash through the creation of new jobs testified in support of the HUBZone again their unwillingness to cut pro- in our Nation’s economically distressed bill, ‘‘We at e.villages are encouraged grams that serve their own interests. areas. During the 8 years I served as that the Congress is trying to find For many years, I have tried to cut Governor of Missouri, I met frequently some ways to get work for us to do, and wasteful and unnecessary spending with community leaders who were to enhance our standard of living.’’ from the annual appropriations bills— seeking help in attracting business and I do not claim that the HUBZone Act with only limited success, I must jobs to their cities, their central down- of 1997 is going to solve all the problems, but I think it is a significant step admit. A little over a year ago, I of- town areas, their towns, and the rural in the right direction. These people fered an amendment to eliminate 12 areas of the State. We tried various who benefited from an enterprise start- particularly egregious corporate pork programs, including the enterprise- ed up in an assisted housing develop- barrel programs, and I garnered only 25 zone concept, and we met with limited ment without the benefit of the votes in the Senate. success. I am proud of the successes HUBZone provisions know that their Clearly, Members will not gore their that we achieved there. But now, as example of success can be expanded. It own ox, unless others are forced to do U.S. Senator and as chairman of the can work and it can work on a broader the same. The recently ordered mili- Committee on Small Business, I con- basis. And it can bring more and more tary base closures were finally accom- tinue to receive similar pleas for help. people into productive employment. plished only through the workings of I hear the concerns expressed to me by What distinguishes the HUBZone Act an independent commission established people from all over my State. Since of 1997 from some other excellent pro- by Congress. It appears we have we have had the opportunity to expand posals and well-intentioned efforts is reached a point that, unless congress is hearings in other States, we have heard that this bill would have an immediate forced to act to eliminate programs, it from other States as well. impact on economically distressed will not. Perhaps independent commis- So far, nothing that we put in place communities. In recent years, numer- sions are the only fair way to ensure is the best formula for bringing eco- ous legislative proposals have stressed that neither side is given an advantage nomic hope and independence to these the importance of changing the U.S. to protect their special interest cor- communities. The message, however, Tax Code and providing other incen- porate pork. has changed somewhat. Although help tives to attract businesses to the needy The independent commission and ex- from the Federal Government has been communities. Many of these proposals pedited congressional review process forthcoming, there is still high unem- have merit, and I have supported them. established by this legislation would ployment and poverty. For example, As I said, I have supported enterprise depoliticize the process and guarantee when I was talking about a summer zones. I have recommended it to the that the pain is shared. In reality, the jobs program with one very, very good Missouri General Assembly. As Gov- corporate pork commission is probably community leader, he told me that the ernor, I signed it into law. I saw it the only means of achieving the mean- summer jobs program was nice, but, he work. I saw it could bring benefits to ingful reform that the public and our said, ‘‘Stop sending me job training areas of high unemployment. I urge my dire fiscal circumstances demand. money. What we need right here in this colleagues on other committees to Mr. President, corporate pork wastes part of the city is jobs, and more jobs. take a look at those measures which resources, increases the deficit, and We have all the job training money we can have an impact. No one of them is distorts markets. Corporate pork has need. We need jobs to put these young going to be the total solution. Let us no place either in a free-market econ- people to work.’’ And that is a problem move forward on all of them. omy or in a budget where we are ask- that I hear time and time again. But I ask my colleagues to focus on ing millions of Americans to sacrifice Last March, I chaired a hearing be- the critical differences between those for the good of future generations. fore the Committee on Small Business proposals and the provisions of the Finally, Mr. President, I want to on revitalizing inner cities and rural HUBZone Act of 1997. Under the take a moment to thank my cospon- America and S. 1574, the HUBZone Act HUBZone bill, entire communities sors on both sides of the aisle—Sen- of 1996, which is nearly identical to the would benefit because we would create ators THOMPSON, KERRY, FEINGOLD, bill I am introducing today. Testifying absolute incentives for small busi- KENNEDY, COATS, GLENN, LIEBERMAN, before the committee were the co- nesses to operate and provide employ- and BROWNBACK—and Congressman KA- founder and employees of e.villages, ment directly within America’s most SICH, who will introduce similar legis- which has established a data manage- disadvantaged inner city neighbor- lation in the House. I also want to ment enterprise at Edgewood Terrace, hoods and in the areas of high unem- thank the several private organizations an assisted multifamily housing ployment and poverty in rural areas. It who have lent their good names in sup- project right here in Washington, DC. is a matter of timing. The HUBZone port of this legislation—the Progres- Residents of the housing project have Act of 1997 helps communities and sive Policy Institute, Citizens Against been trained and they have established their residents now. This bill is a mat- Government Waste, and Friends of the a new enterprise, Edgewood Tech- ter of direct focus. This is not just in- Earth—and I ask unanimous consent nology Services, or ETS, which to me centives; this is bringing business to that statements of support from these is a prototype HUBZone business. the areas of high unemployment and organizations be included in the The HUBZone Act of 1997 can have an high poverty. RECORD. With their help, I intend to important impact on our Nation’s eco- Specifically, the HUBZone Act of 1997 pursue this effort in the 105th Congress nomically distressed inner cities as creates a new class of small businesses to enactment.∑ housing and income subsidies are re- eligible for Federal Government con- duced and put under constraints and as tract set-asides and preferences. By Mr. BOND: we work toward the national goal of To be eligible, a small business must S. 208. A bill to provide Federal con- moving people off the welfare rolls and be located in what we call a Histori- tracting opportunities for small busi- into meaningful jobs. cally Underutilized Business Zone—

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S731 that is where HUBZone comes from, ment redtape, while stressing a stream- I ask all of my colleagues, particu- Historically Underutilized Business lined effort to place Government con- larly if they are concerned about un- Zone—and not less than 35 percent of tracts and new jobs in economically employment and underemployment in the work force must reside in a distressed communities. Americans areas of their States—and I know of HUBZone. That is a key difference be- don’t want another new law that cre- very few States that don’t have that tween some of the programs that are ates a cottage industry of consultants problem—I ask them to sit down with initially targeting to bring jobs to necessary to fill out Government pa- us and talk about how we can make areas of need, bring jobs where social perwork for a new Federal program. this a better program. I would like to problems had flared up, such as the Many of my colleagues are familiar see it passed. I think it could provide a Watts riots many years ago. with SBA’s 8(a) Minority Small Busi- very significant boost and help get our It is important to contrast the ness Program and the sometimes cum- country on the right track. HUBZone proposal with the Executive bersome rules for small businesses I ask unanimous consent that the order promulgated by President Clin- seeking to qualify for the program. text of the bill and a section-by-section ton to establish an empowerment con- Typically, an applicant to the 8(a) pro- analysis of the provisions be printed in tracting commission. I commend the gram has to hire a lawyer to help pre- the RECORD. President for focusing on the value of pare the application and shepherd it There being no objection, the mate- targeting Federal Government assist- through SBA. The procedure can take rial was ordered to be printed in the ance to low-income communities, but I months. In fact, Congress was forced to RECORD, as follows: think the program falls short of meet- legislate the maximum time the agen- ing the goal of helping low-income cy could review an application in our S. 208 communities and their residents. For last-ditch effort to speed up the proc- Be it enacted by the Senate and House of Rep- example, under the President’s plan, ess. resentatives of the United States of America in any business, large or small, located in The HUBZone Act of 1997 is specifi- Congress assembled, a low-income community, would qual- cally designed to avoid bureaucratic SECTION 1. SHORT TITLE. ify for a valuable contracting pref- roadblocks that have delayed and dis- This Act may be cited as the ‘‘HUBZone erence, even if it does not employ one couraged small businesses from taking Act of 1997’’. resident of the community. This is advantage of Government programs. SEC. 2. HISTORICALLY UNDERUTILIZED BUSI- clearly a major deficiency or loophole Simply put, if you are a small business NESS ZONES. when trying to assist the unemployed located in a HUBZone and you employ (a) DEFINITIONS.—Section 3 of the Small or underemployed. people from a HUBZone, at least 35 per- Business Act (15 U.S.C. 632) is amended by adding at the end the following: A further weakness in the President’s cent, then you are eligible. Once eligi- ‘‘(o) DEFINITIONS RELATING TO HISTORI- proposal is the failure to define more ble, the small business notifies the CALLY UNDERUTILIZED BUSINESS ZONES.—In clearly criteria which makes a commu- SBA of its participation in the this section: nity eligible for this program. Unfortu- HUBZone program and is qualified to ‘‘(1) HISTORICALLY UNDERUTILIZED BUSINESS nately, we see the possibility, and it receive Federal Government contract ZONE.—The term ‘historically underutilized has been set forth in specific detail by benefits. business zone’ means any area located within the inspector general of HUD, that a My goal is to have new Government one or more qualified census tracts or quali- lack of objective criteria may invite contracts being awarded to small busi- fied nonmetropolitan counties. other influences in the political selec- nesses in economically distressed com- ‘‘(2) SMALL BUSINESS CONCERN LOCATED IN A HISTORICALLY UNDERUTILIZED BUSINESS tion of an area to receive these pref- munities. Therefore, I have included ZONE.—The term ‘small business concern lo- erences. some fairly ambitious goals for each cated in a historically underutilized business We must avoid creating another Fed- Government agency to meet. zone’ means a small business concern— eral Government program that ends up In 1998, 1 percent of the total value of ‘‘(A) that is owned and controlled by one or helping well-off individuals and compa- all prime Government contracts would more persons, each of whom is a United nies while failing to have a significant be awarded to small businesses in States citizen; impact on the poor, the unemployed HUBZones. The goal would increase to ‘‘(B) the principal office of which is located and the underemployed. 2 percent in 1999, 3 percent in 2000 and in a historically underutilized business zone; I think the HUBZone Act of 1997 can 4 percent in the year 2001 and each suc- and and will make a difference. It makes a ceeding year. ‘‘(C) not less than 35 percent of the employees of which reside in a historically under- contracting preference available only if HUBZone contracting is a bold un- utilized business zone. the small business is located in an eco- dertaking. Passage of the HUBZone ‘‘(3) QUALIFIED AREAS.— nomically distressed area and employs Act of 1997 will create more hope for ‘‘(A) QUALIFIED CENSUS TRACT.—The term 35 percent of its work force from a inner cities with high unemployment, ‘qualified census tract’ has the same mean- HUBZone. This is a significant dif- distressed rural communities where ing as in section 42(d)(5)(C)(i)(I) of the Inter- ference and one that is clearly designed poverty and joblessness reign and have nal Revenue Code of 1986. to help attack deeply seated poverty in too long been ignored. Most impor- ‘‘(B) QUALIFIED NONMETROPOLITAN COUN- too many areas of the United States. tantly, passage of the HUBZone Act TY.—The term ‘qualified nonmetropolitan county’ means, based on the most recent To qualify for the program, the small will create hope for hundreds of thou- data available from the Bureau of the Census business must certify to the Adminis- sands of underemployed or unemployed of the Department of Commerce, any coun- trator of the U.S. Small Business Ad- who long ago thought our country had ty— ministration that it is located in a given up on them. The hope is tangible; ‘‘(i) that is not located in a metropolitan HUBZone and will comply with certain the hope is for jobs and income. statistical area (as that term is defined in rules governing subcontracting. In ad- I think this bill can deliver. I soon section 143(k)(2)(B) of the Internal Revenue dition, a qualified small business must hope to chair additional hearings be- Code of 1986); and agree to perform at least 50 percent of fore the Committee on Small Business ‘‘(ii) in which the median household in- on the HUBZone Act of 1997 and the come is less than 80 percent of the nonmetro- the contract in a HUBZone, unless the politan State median household income. terms of the contract require they be role our Nation’s small business com- ‘‘(4) QUALIFIED SMALL BUSINESS CONCERN located outside the HUBZone. That munity can play in revitalizing our dis- LOCATED IN A HISTORICALLY UNDERUTILIZED would happen, for example, with a serv- tressed cities and counties. I firmly be- BUSINESS ZONE.— ice contract requiring the small busi- lieve the HUBZone proposal has great ‘‘(A) IN GENERAL.—A small business con- ness’ employees and workers be present merit. I urge my colleagues to study cern located in a historically underutilized in a Government-owned or leased build- this proposal and give me their com- business zone is ‘qualified’, if— ing. In the latter case, no less than 50 ments. I ask for cosponsors and I ask ‘‘(i) the small business concern has cer- for good ideas. There are many, many tified in writing to the Administrator that— percent of the work must be performed ‘‘(I) it is a small business concern located by employees who reside in a ideas which have been incorporated in in a historically underutilized business zone; HUBZone. this bill that were presented to me by ‘‘(II) it will comply with the subcon- Mr. President, the HUBZone Act of colleagues, both on the Small Business tracting limitations specified in Federal Ac- 1997 is designed to cut through Govern- Committee and elsewhere. quisition Regulation 52.219–14;

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S732 CONGRESSIONAL RECORD — SENATE January 28, 1997 ‘‘(III) in the case of a contract for services cated in historically underutilized business velopment shall promptly provide to the Ad- (except construction), not less than 50 per- zones will submit offers for the contract; and ministrator such information as the Admin- cent of the cost of contract performance in- ‘‘(ii) the award can be made on the re- istrator determines to be necessary to carry curred for personnel will be expended for em- stricted basis at a fair market price. out this subsection. ployees of that small business concern or for ‘‘(B) COVERED CONTRACTS.—Subparagraph ‘‘(5) PENALTIES.—In addition to the pen- employees of other small business concerns (A) applies to a contract that is estimated to alties described in section 16(d), any small located in historically underutilized business exceed the simplified acquisition threshold. business concern that is determined by the zones; and ‘‘(2) SOLE-SOURCE CONTRACTS.— Administrator to have misrepresented the ‘‘(IV) in the case of a contract for procure- ‘‘(A) REQUIREMENT.—The head of an execu- status of that concern as a ‘small business ment of supplies (other than procurement tive agency, in the exercise of authority pro- concern located in a historically underuti- from a regular dealer in such supplies), the vided in any other law to award a contract of lized business zone’ for purposes of this sec- small business concern (or a subcontractor of the executive agency on a sole-source basis, tion, shall be subject to the provisions of— the small business concern that is also a shall award the contract on that basis to a ‘‘(A) section 1001 of title 18, United States small business concern located in a histori- qualified small business concern located in a Code; and cally underutilized business zone) will per- historically underutilized business zone, if ‘‘(B) sections 3729 through 3733 of title 31, form work for not less than 50 percent of the any, that— United States Code.’’. ‘‘(i) submits a reasonable and responsive cost of manufacturing the supplies (not in- SEC. 3. TECHNICAL AND CONFORMING AMEND- cluding the cost of materials) in a histori- offer for the contract; and MENTS TO THE SMALL BUSINESS cally underutilized business zone; and ‘‘(ii) is determined by the Administrator to ACT. be a responsible contractor. ‘‘(ii) no certification made by the small (a) PERFORMANCE OF CONTRACTS.—Section business concern under clause (i) has been, in ‘‘(B) COVERED CONTRACTS.—Subparagraph 8(d) of the Small Business Act (15 U.S.C. (A) applies to a contract that is estimated to accordance with the procedures established 637(d)) is amended— exceed the simplified acquisition threshold under section 30(c)(2)— (1) in paragraph (1)— and not to exceed $5,000,000. ‘‘(I) successfully challenged by an inter- (A) in the first sentence, by striking ‘‘,, ‘‘(3) PRICE EVALUATION PREFERENCE IN FULL ested party; or small business concerns owned and con- AND OPEN COMPETITIONS.—In any case in ‘‘(II) otherwise determined by the Adminis- trolled by socially and economically dis- which a contract is to be awarded by the trator to be materially false. advantaged individuals’’ and inserting ‘‘, head of an executive agency on the basis of ‘‘(B) CHANGE IN PERCENTAGES.—The Admin- qualified small business concerns located in full and open competition, the price offered istrator may utilize a percentage other than historically underutilized business zones, by a qualified small business concern located the percentage specified in under subclause small business concerns owned and con- (III) or (IV) of subparagraph (A)(i), if the Ad- in a historically underutilized business zone shall be deemed as being lower than the price trolled by socially and economically dis- ministrator determines that such action is advantaged individuals’’; and necessary to reflect conventional industry offered by another offeror (other than another qualified small business concern lo- (B) in the second sentence, by inserting practices among small business concerns ‘‘qualified small business concerns located in that are below the numerical size standard cated in a historically underutilized business zone) if the price offered by the qualified historically underutilized business zones,’’ for businesses in that industry category. small business concern located in a histori- after ‘‘small business concerns,’’; ‘‘(C) CONSTRUCTION AND OTHER CON- cally underutilized business zone is not more (2) in paragraph (3)— TRACTS.—The Administrator shall promul- than 10 percent higher than the price offered (A) by inserting ‘‘qualified small business gate final regulations imposing requirements by the other offeror. concerns located in historically underuti- that are similar to those specified in sub- ‘‘(4) RELATIONSHIP TO OTHER CONTRACTING lized business zones,’’ after ‘‘small business clauses (III) and (IV) of subparagraph (A)(i) PREFERENCES.— concerns,’’ each place that term appears; and on contracts for general and specialty con- ‘‘(A) SUBORDINATE RELATIONSHIP.—A pro- (B) by adding at the end the following: struction, and on contracts for any other in- curement may not be made from a source on ‘‘(F) In this contract, the term ‘qualified dustry category that would not otherwise be the basis of a preference provided in para- small business concern located in a histori- subject to those requirements. The percent- graph (1), (2), or (3) if the procurement would cally underutilized business zone’ has the age applicable to any such requirement shall otherwise be made from a different source same meaning as in section 3(o) of the Small be determined in accordance with subpara- under section 4124 or 4125 of title 18, United Business Act.’’; graph (B). States Code, or the Javits-Wagner-O’Day (3) in paragraph (4)— ‘‘(D) LIST OF QUALIFIED SMALL BUSINESS Act. (A) in subparagraph (D), by inserting CONCERNS.—The Administrator shall estab- ‘‘(B) SUPERIOR RELATIONSHIP.—A procure- ‘‘qualified small business concerns located in lish and maintain a list of qualified small ment may not be made from a source on the historically underutilized business zones,’’ business concerns located in historically un- basis of a preference provided in section 8(a), after ‘‘small business concerns,’’; and derutilized business zones, which list shall— if the procurement would otherwise be made (B) in subparagraph (E), by striking ‘‘small ‘‘(i) include the name, address, and type of from a different source under paragraph (1), business concerns and’’ and inserting ‘‘small business with respect to each such small (2), or (3) of this subsection. business concerns, qualified small business business concern; ‘‘(5) DEFINITIONS.—In this subsection, the concerns located in historically underuti- ‘‘(ii) be updated by the Administrator not terms ‘executive agency’, ‘full and open com- lized business zones, and’’; less than annually; and petition’, and ‘simplified acquisition thresh- (4) in paragraph (6), by inserting ‘‘qualified ‘‘(iii) be provided upon request to any Fed- old’ have the meanings given such terms in small business concerns located in histori- eral agency or other entity.’’. section 4 of the Office of Federal Procure- cally underutilized business zones,’’ after (b) FEDERAL CONTRACTING PREFERENCES.— ment Policy Act. ‘‘small business concerns,’’ each place that The Small Business Act (15 U.S.C. 631 et seq.) ‘‘(c) ENFORCEMENT; PENALTIES.— term appears; and is amended— ‘‘(1) IN GENERAL.—The Administrator shall (5) in paragraph (10), by inserting ‘‘quali- (1) by redesignating section 30 as section enforce the requirements of this section. fied small business concerns located in his- 31; and ‘‘(2) VERIFICATION OF ELIGIBILITY.—In car- torically underutilized business zones,’’ after (2) by inserting after section 29 the fol- rying out this subsection, the Administrator ‘‘small business concerns,’’. lowing: shall establish procedures relating to— (b) AWARDS OF CONTRACTS.—Section 15 of ‘‘SEC. 30. HISTORICALLY UNDERUTILIZED BUSI- ‘‘(A) the filing, investigation, and disposi- the Small Business Act (15 U.S.C. 644) is NESS ZONES PROGRAM. tion by the Administration of any challenge amended— ‘‘(a) IN GENERAL.—There is established to the eligibility of a small business concern (1) in subsection (g)(1)— within the Administration a program to be to receive assistance under this section (in- (A) by inserting ‘‘qualified small business carried out by the Administrator to provide cluding a challenge, filed by an interested concerns located in historically underuti- for Federal contracting assistance to quali- party, relating to the veracity of a certifi- lized business zones,’’ after ‘‘small business fied small business concerns located in his- cation made by a small business concern concerns,’’ each place that term appears; and torically underutilized business zones in ac- under section 3(o)(4)(A)); and (B) by inserting after the second sentence cordance with this section. ‘‘(B) verification by the Administrator of the following: ‘‘The Governmentwide goal for ‘‘(b) CONTRACTING PREFERENCES.— the accuracy of any certification made by a participation by qualified small business ‘‘(1) CONTRACT SET-ASIDE.— small business concern under section concerns located in historically underuti- ‘‘(A) REQUIREMENT.—The head of an execu- 3(o)(4)(A). lized business zones shall be established at tive agency shall afford the opportunity to ‘‘(3) RANDOM INSPECTIONS.—The procedures not less than 1 percent of the total value of participate in a competition for award of a established under paragraph (2) may provide all prime contract awards for fiscal year contract of the executive agency, exclusively for random inspections by the Administrator 1998, not less than 2 percent of the total to qualified small business concerns located of any small business concern making a cer- value of all prime contract awards for fiscal in historically underutilized business zones, tification under section 3(o)(4). year 1999, not less than 3 percent of the total if the Administrator determines that— ‘‘(4) PROVISION OF DATA.—Upon the request value of all prime contract awards for fiscal ‘‘(i) it is reasonable to expect that not less of the Administrator, the Secretary of Labor year 2000, and not less than 4 percent of the than 2 qualified small business concerns lo- and the Secretary of Housing and Urban De- total value of all prime contract awards for

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S733 fiscal year 2001 and each fiscal year there- zones (as that term is defined in section 3(o) cally underutilized business zones,’’ after after.’’; of the Small Business Act).’’. ‘‘Procurement Policy’’; and (2) in subsection (g)(2)— (d) SMALL BUSINESS INVESTMENT ACT OF (ii) by inserting a comma after ‘‘women’’; (A) in the first sentence, by striking ‘‘,, by 1958.—Section 411(c)(3)(B) of the Small Busi- and small business concerns owned and con- ness Investment Act of 1958 (15 U.S.C. (B) in subsection (b), by adding at the end trolled by socially and economically dis- 694b(c)(3)(B)) is amended by inserting before the following: ‘‘In this section, the term advantaged individuals’’ and inserting ‘‘, by the semicolon the following: ‘‘, or to a quali- ‘qualified small business concern located in a qualified small business concerns located in fied small business concern located in a his- historically underutilized business zone’ has historically underutilized business zones, by torically underutilized business zone, as that the same meaning as in section 3(o) of the small business concerns owned and con- term is defined in section 3(o) of the Small Small Business Act (15 U.S.C. 632(o)).’’. trolled by socially and economically dis- Business Act’’. (g) ENERGY POLICY ACT OF 1992.—Section advantaged individuals’’; (e) TITLE 31, UNITED STATES CODE.— 3021 of the Energy Policy Act of 1992 (42 (B) in the second sentence, by inserting (1) CONTRACTS FOR COLLECTION SERVICES.— U.S.C. 13556) is amended— Section 3718(b) of title 31, United States ‘‘qualified small business concerns located in (1) in subsection (a)— Code, is amended— historically underutilized business zones,’’ (A) in paragraph (2), by striking ‘‘or’’; (A) in paragraph (1)(B), by inserting ‘‘and after ‘‘small business concerns,’’; and (B) in paragraph (3), by striking the period law firms that are qualified small business (C) in the fourth sentence, by striking ‘‘by and inserting ‘‘; or’’; and concerns located in historically underuti- small business concerns owned and con- (C) by adding at the end the following: lized business zones (as that term is defined trolled by socially and economically dis- ‘‘(4) qualified small business concerns lo- in section 3(o) of the Small Business Act)’’ advantaged individuals and participation by cated in historically underutilized business after ‘‘disadvantaged individuals’’; and small business concerns owned and con- zones.’’; and (B) in paragraph (3)— trolled by women’’ and inserting ‘‘by quali- (2) in subsection (b), by adding at the end (i) in the first sentence, by inserting before the following: fied small business concerns located in his- the period ‘‘and law firms that are qualified ‘‘(3) The term ‘qualified small business torically underutilized business zones, by small business concerns located in histori- concern located in a historically underuti- small business concerns owned and con- cally underutilized business zones’’; trolled by socially and economically dis- (ii) in subparagraph (A), by striking ‘‘and’’ lized business zone’ has the same meaning as advantaged individuals, and by small busi- at the end; in section 3(o) of the Small Business Act (15 ness concerns owned and controlled by (iii) in subparagraph (B), by striking the U.S.C. 632(o)).’’. (h) TITLE 49, UNITED STATES CODE.— women’’; and period at the end and inserting ‘‘; and’’; and (1) PROJECT GRANT APPLICATION APPROVAL (3) in subsection (h), by inserting ‘‘quali- (iv) by adding at the end the following: CONDITIONED ON ASSURANCES ABOUT AIRPORT fied small business concerns located in his- ‘‘(C) the term ‘qualified small business OPERATION.—Section 47107(e) of title 49, torically underutilized business zones,’’ after concern located in a historically underuti- United States Code, is amended— ‘‘small business concerns,’’ each place that lized business zone’ has the same meaning as (A) in paragraph (1), by inserting before term appears. in section 3(o) of the Small Business Act.’’. the period ‘‘or qualified small business con- (c) OFFENSES AND PENALTIES.—Section 16 (2) PAYMENTS TO LOCAL GOVERNMENTS.— cerns located in historically underutilized of the Small Business Act (15 U.S.C. 645) is Section 6701(f) of title 31, United States business zones (as that term is defined in amended— Code, is amended— section 3(o) of the Small Business Act)’’; (1) in subsection (d)(1)— (A) in paragraph (1)— (B) in paragraph (4)(B), by inserting before (A) by inserting ‘‘, a ‘qualified small busi- (i) in subparagraph (A), by striking ‘‘and’’ the period ‘‘or as a qualified small business ness concern located in a historically under- at the end; concern located in a historically underuti- utilized business zone’,’’ after ‘‘ ‘small busi- (ii) in subparagraph (B), by striking the pe- lized business zone (as that term is defined in ness concern’,’’; and riod at the end and inserting ‘‘; and’’; and section 3(o) of the Small Business Act)’’; and (B) in subparagraph (A), by striking ‘‘sec- (iii) by adding at the end the following: (C) in paragraph (6), by inserting ‘‘or a tion 9 or 15’’ and inserting ‘‘section 9, 15, or ‘‘(C) qualified small business concerns lo- qualified small business concern located in a 30’’; and cated in historically underutilized business historically underutilized business zone (as (2) in subsection (e), by inserting ‘‘, a zones.’’; and that term is defined in section 3(o) of the ‘small business concern located in a histori- (B) in paragraph (3)— Small Business Act)’’ after ‘‘disadvantaged cally underutilized business zone’,’’ after (i) in subparagraph (A), by striking ‘‘and’’ individual’’. ‘‘ ‘small business concern’,’’. at the end; (2) MINORITY AND DISADVANTAGED BUSINESS SEC. 4. OTHER TECHNICAL AND CONFORMING (ii) in subparagraph (B), by striking the pe- PARTICIPATION.—Section 47113 of title 49, AMENDMENTS. riod at the end and inserting ‘‘; and’’; and United States Code, is amended— (a) TITLE 10, UNITED STATES CODE.—Sec- (iii) by adding at the end the following: (A) in subsection (a)— tion 2323 of title 10, United States Code, is ‘‘(C) the term ‘qualified small business (i) in paragraph (1), by striking the period amended— concern located in a historically underuti- at the end and inserting a semicolon; (1) in subsection (a)(1)(A), by inserting be- lized business zone’ has the same meaning as (ii) in paragraph (2), by striking the period fore the semicolon the following: ‘‘, and in section 3(o) of the Small Business Act (15 at the end and inserting ‘‘; and’’; and qualified small business concerns located in U.S.C. 632(o)).’’. (iii) by adding at the end the following: historically underutilized business zones (as (3) REGULATIONS.—Section 7505(c) of title ‘‘(3) the term ‘qualified small business con- that term is defined in section 3(o) of the 31, United States Code, is amended by strik- cern located in a historically underutilized Small Business Act)’’; and ing ‘‘small business concerns and’’ and in- business zone’ has the same meaning as in (2) in subsection (f), by inserting ‘‘or as a serting ‘‘small business concerns, qualified section 3(o) of the Small Business Act (15 qualified small business concern located in a small business concerns located in histori- U.S.C. 632(o)).’’; and historically underutilized business zone (as cally underutilized business zones, and’’. that term is defined in section 3(o) of the (f) OFFICE OF FEDERAL PROCUREMENT POL- (B) in subsection (b), by inserting before Small Business Act)’’ after ‘‘subsection (a))’’. ICY ACT.— the period ‘‘or qualified small business con- (b) FEDERAL HOME LOAN BANK ACT.—Sec- (1) ENUMERATION OF INCLUDED FUNCTIONS.— cerns located in historically underutilized tion 21A(b)(13) of the Federal Home Loan Section 6(d) of the Office of Federal Procure- business zones’’. Bank Act (12 U.S.C. 1441a(b)(13)) is amendment Policy Act (41 U.S.C. 405(d)) is amend- HISTORICALLY UNDERUTILIZED BUSINESS ZONE ed— ed— ACT OF 1997— SECTION-BY-SECTION ANALYSIS (1) by striking ‘‘concerns and small’’ and (A) in paragraph (11), by inserting ‘‘quali- SECTION 1. SHORT TITLE inserting ‘‘concerns, small’’; and fied small business concerns located in his- Historically Underutilized Business Zone (2) by inserting ‘‘, and qualified small busi- torically underutilized business zones (as Act of 1997, hereinafter referred to as the ness concerns located in historically under- that term is defined in section 3(o) of the ‘‘HUBZone Act of 1997.’’ utilized business zones (as that term is de- Small Business Act),’’ after ‘‘small busi- fined in section 3(o) of the Small Business nesses,’’; and SECTION 2. HISTORICALLY UNDERUTILIZED Act)’’ after ‘‘disadvantaged individuals’’. (B) in paragraph (12), by inserting ‘‘quali- BUSINESS ZONES (c) SMALL BUSINESS ECONOMIC POLICY ACT fied small business concerns located in his- Definitions OF 1980.—Section 303(e) of the Small Business torically underutilized business zones (as Historically Underutilized Business Zone Economic Policy Act of 1980 (15 U.S.C. that term is defined in section 3(o) of the (HUBZone) is any area located within a 631b(e)) is amended— Small Business Act (15 U.S.C. 632(o)),’’ after qualified metropolitan statistical area or (1) in paragraph (1), by striking ‘‘and’’ at ‘‘small businesses,’’. qualified non-metropolitan area. the end; (2) PROCUREMENT DATA.—Section 19A of the Small business concern located in a His- (2) in paragraph (2), by striking the period Office of Federal Procurement Policy Act (41 torically Underutilized Business Zone is a at the end and inserting ‘‘; and’’; and U.S.C. 417a) is amended— small business whose principal office is lo- (3) by adding at the end the following: (A) in subsection (a)— cated in a HUBZone and whose workforce in- ‘‘(3) qualified small business concerns lo- (i) by inserting ‘‘the number of qualified cludes at least 35% of its employees from one cated in historically underutilized business small business concerns located in histori- or more HUBZones.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S734 CONGRESSIONAL RECORD — SENATE January 28, 1997 Qualified Metropolitan Statistical Area is grams that have traditionally provided con- ment, although we had managed to an area where not less than 50% of the house- tract set asides and preferences to disadvan- work out the text with both the House holds have an income of less than 60% of the taged small businesses by expanding each and the administration. I want to ac- metropolitan statistical area median gross program to include small businesses located knowledge the contribution of the staff income as determined by the Department of in an Historically Underutilized Business Housing and Urban Development. Zone. of the Energy and Natural Resources Qualified Non-metropolitan Area is an area Committee, as well as the Resource where the household income is less than 80% By Mr. BREAUX: Committee in the House as well. of the non-metropolitan area median gross S. 209. A bill to increase the penalty Section 1 of the legislation proposed income as determined by the Bureau of the for trafficking in powdered cocaine to will extend the agriculture and food Census of the Department of Commerce. the same level as the penalty for traf- programs that the United States pro- Qualified Small Business Concern must ficking in crack cocaine, and for other vides for the populations on the atolls certify in writing to the Small Business Ad- purposes; to the Committee on the Ju- ministration (SBA) that it (a) is located in a in the Marshall Islands affected by the HUBZone, (b) will comply with subcon- diciary. nuclear testing program for an addi- tracting rules in the Federal Acquisition ILLEGAL DRUG TRAFFICKING LEGISLATION tional 5 years. Regulations (FAR), (c) will insure that not ∑ Mr. BREAUX. Mr. President, last The support program was initiated less than 50% of the contract cost will be year I was shocked to learn of the huge under the trusteeship and continued performed by the Qualified Small Business. difference that exists between the Fed- under the Compact of Free Association Contracting Preferences eral penalties for trafficking powder for a limited time period. Unfortu- Contract Set-Aside to a qualified small cocaine and for trafficking the exact nately, the atolls are not yet capable of business located in a HUBZone can be made same amount of crack cocaine. fully supporting the populations, and by a procuring agency if it determines that Right now, selling five grams of an additional extension time is nec- 2 or more qualified small businesses will sub- crack cocaine results in the same 5- essary. mit offers for the contract and the award can year mandatory minimum prison term be made at a fair market price. The amendment will also alter the Sole-source Contracts can be awarded if a as selling 500 grams of powder cocaine. program to reflect changes in popu- qualified small business submits a reason- Selling 50 grams of crack cocaine gets lation since the effective date of the able and responsive offer and is determined you a 10-year minimum sentence, while compact. I visited many of these areas by SBA to be a responsible contractor. Sole- you’d have to sell 5,000 grams of powder last year and certainly concur with the source contracts cannot exceed $5 million. cocaine to get the same 10 years in recommendations in section 1. 10% Price Evaluation Preference in full prison. Section 2 of the legislation would re- and open competition can be made on behalf While these penalties are vastly dif- of the Qualified Small Business if its offer is peal a provision of law dealing with the ferent—100 times greater if you sell American Memorial Park in Saipan not more than 10% higher than the other of- crack cocaine—the damage caused by feror, so long as it is not a small business that would permit the government of concern. these criminal acts are the same. Lives the Commonwealth to take over the are lost, families are destroyed, careers Enforcement; Penalties park. While I think some transfer could are ruined, and our Nation itself is se- The SBA Administrator or his designee be considered of the marina area if the riously threatened. Commonwealth were interested, I shall establish a system to verify certifi- Tough penalties are necessary to cations made by HUBZone small businesses think that the actual war memorial to include random inspections and proce- send a clear signal that the United and interpretive areas should remain dures relating to disposition of any chal- States will not tolerate selling illegal under the jurisdiction of the National lenges to the accuracy of any certification. If drugs. The answer to the problem pre- Park Service during the remainder of SBA determines that a small business consented by this wide difference in pen- the lease. cern may have misrepresented its status as a alties is not to lower penalties for sell- Section 3 of the legislation makes a HUBZone small business, it shall be subject ing crack cocaine but to increase the series of technical amendments to per- to prosecution under title 18, section 1001, penalties for selling powder cocaine. mit each of the three educational insti- U.S.C., False Certifications, and title 31, sec- Therefore, my legislation is very tions 3729–3733, U.S.C., False Claims Act. tutions in the freely associated States simple and very clear. Trafficking— to operate independently as land grant SECTION 3. TECHNICAL AND CONFORMING that is the manufacture, distribution, AMENDMENTS TO THE SMALL BUSINESS ACT institutions rather than having to op- or sale—of 50 grams of powder cocaine erate as a College of Micronesia. HUBZone Preference will result in a 10-year minimum sen- The Small Business Act is amended to give tence—the same as dealing in crack co- I visited that college and was very qualified small business concerns located in caine. impressed with the dedication and the HUBZones a higher preference than small Manufacture, distribution or sale of 5 commitment of those who were respon- business concerns owned and controlled by sible for education as well as the peo- socially and economically disadvantaged in- grams of powder cocaine will result in a 5-year minimum sentence—the same ple of the area. They are very proud of dividuals (8(a) contractors). that institution. I can tell you, Mr. HUBZone Goals as dealing in crack cocaine. I look forward to working with my President, there is a tremendous sac- This section sets forth government-wide colleagues to pass a bill that deters the rifice being made to foster higher edu- goals for awarding government contracts to cation in the College of Micronesia. qualified small businesses. In Fiscal Year use of all cocaine—powder and crack.∑ 1998, the goal will be not less than 1% of the These amendments, as we propose, total value of all prime contracts awarded to By Mr. MURKOWSKI (for himself reflect the new status of the represent- qualified small businesses located in and Mr. AKAKA): ative Republic of Palau, the Federated HUBZones. In FY 1999, this goal will increase S. 210. A bill to amend the Organic States of Micronesia, and the Republic to 2%, in FY 2000, it will be 3%; and it will Act of Guam, the Revised Organic Act of the Marshall Islands and were re- reach 4% in FY 2001 and each year thereof the Virgin Islands, and the Compact quested by the President of the College after. of Free Association Act, and for other of Micronesia-FSM when Senator Offenses and Penalties purposes; to the Committee on Energy AKAKA and I visited the campus last This section provides that anyone who and Natural Resources. year. misrepresents any entity as being a qualified AMENDMENT LEGISLATION Section 4, hopefully, will resolve a small business in order to obtain a govern- Mr. MURKOWSKI. Mr. President, I different issue and one that is difficult ment contract or subcontract can be fined up send to the desk for appropriate refer- for Guam relating to the disposal of to $500,000 and imprisoned for not more than 10 years and be subject to the administrative ral legislation dealing with the several real property that the Department of remedies prescribed by the Program Fraud issues of the territories of the United Defense no longer needs for military Civil Remedies Act of 1986 (31 U.S.C. 3801– States and the freely associated States. purposes. These lands were acquired by 3812). This is legislation that is similar to the United States for defense purposes SEC. 4. OTHER TECHNICAL AND CONFORMING measures reported by the Committee after World War II when Guam had AMENDMENTS on Energy and Natural Resources at been liberated from occupation by This section makes technical amendments the end of the last Congress and could Japan and while Guam was a closed de- to other federal government agency pro- not be considered prior to adjourn- fense area.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S735 We have the residents of Guam and sically surplus land. The U.S. Fish and unique species that were native to their attitude where they have indi- Wildlife Service, in its interest in ac- Guam, and now the brown snake has cated that they are prepared to support quiring the land, the rationale is to taken over and that seems to be taking the Federal Government of the United protect the various species on the is- care of whatever is left. But the Fish States as they are a territory, but did land and maintain a natural habitat. and Wildlife Service continues to, I so with the expectation—in other Some of the species may be facing think, neglect its responsibility. words, the people of Guam expected endangerment. Moving on, section 5 of the legisla- that those lands, if no longer needed The inconsistency here is the U.S. tion, Mr. President, makes a technical for defensive purposes, would be re- Fish and Wildlife Service’s inability to change in statutes dealing with drug turned to either public or private own- address what is eradicating many of enforcement to provide equal treat- ership in Guam. the species that are in decline and may ment for all the territories as we con- The Department of Defense presently be in danger. That is the brown snake. templated when the original act owns about one-third of Guam, al- The island is virtually overrun with passed. though we have been able to return the brown snake. The U.S. Fish and Section 6 of the legislation would several parcels over the past few years. Wildlife Service refuses to initiate any make two changes to the Revised Or- As part of the discussion on the Com- action to eradicate the brown snake, ganic Act of the Virgin Islands. The monwealth, the administration had which is really causing the decline in first would authorize the issuance of agreed to similar general transfer lan- various other species that are unique parity rather than priority bonds se- guage, but when we considered this leg- to the island. cured by the Rum fund—an authority islation last year, the Fish and Wildlife So I think it is fair to say that the generally available in the States; and Service testified in opposition. The U.S. Fish and Wildlife Service has been the second would provide that the Gov- Fish and Wildlife Service, in testifying somewhat irresponsible in its obliga- ernor would retain his authority when in opposition, said that they had a de- tion to address the perpetrator causing absent from the territory on official sire to acquire some portions for a the decline of the various birdlife on business, which is often the case. wildlife refuge. Guam and other species because the fe- Section 7 of the legislation provides I am going to talk a little bit about rociousness of the brown snake is such for an economic study commission for the U.S. Fish and Wildlife Services’ in- that it has really taken over the is- the Virgin Islands. I think the idea of terest in acquiring this refuge because land. And they refuse to spend any of a study on what the future holds is im- I think there is a lack of continuity their own money. portant and timely. I want to empha- that deserves some examination. I had an opportunity to visit with the size that I want this commission to I am not going to go into the curious Governor of Guam. We had an evening focus directly and quickly on realistic presentation from the Service at our at his residence. He brought several of economic alternatives that are helpful hearing or the question that they are the brown snakes in cages and gave us to the Virgin Islands and the Congress unwilling to expend any of their own a little rundown of what the brown and not produce a theoretical tome to money on the eradication of the brown snakes were doing in overrunning gather dust on a shelf. snake, which has virtually overrun the Guam and the inability of the U.S. Section 8 clarifies the availability of island, but only note they were able to Fish and Wildlife Service to meet its assistance from the Public Health block any agreement on land transfer obligation to address any type of con- Service in the radiation related med- previously. trol, of predator-type control, to re- ical surveillance and treatment pro- What I am proposing this year is a duce and eliminate this. grams provided under section 177(b) of general transfer authorization for all So I think it is fair to say the U.S. the Compact of Free Association in the lands except those within the proposed Fish and Wildlife Service has had its Republic of the Marshall Islands to per- overlay that would be a refuge overlay opportunity. They cannot justify tak- sons directly exposed as a result of the that are identified on a map that is ing land and just holding it in a habi- nuclear testing program in the Mar- subject to transfer only by statute. tat without addressing their obligation shall Islands. That, hopefully, will release the other to try to enhance the species native to We observed those areas when we lands to Guam. Guam by eradicating the brown snake. were over there last year, as well as No specific disposition is rec- So until they come up with some kind meeting with the people. I think this is ommended for the other lands, and of realistic program, I do not have an appropriate action. Congress will consider them on a par- much sympathy for their claim for fur- Section 9 would clarify that residents cel-by-parcel basis as they become sur- ther land. of the freely associated States who are plus to defensive needs. This will allow I think this land should go to the lawfully admitted to the United States both Guam and the Fish and Wildlife Commonwealth of Guam and be dis- under the Compact of Free Association Service to make their case, assuming posed of under the legislative jurisdic- are eligible for assistance under cer- both want the lands, or anyone else. tion by the elected people of Guam and tain programs. This assistance had I note that Congress, not the Execu- get on with it. I intend to pursue that been provided before the effective date tive, has the plenary authority under with a great deal of energy to ensure of the Compact under the Trusteeship the Constitution to deal with terri- that we see that land transferred over and subsequently until a particularly tories and with the disposal of Federal to Guam for their disposition and des- strained and convoluted interpretation properties. So it is appropriate that ignation as they see fit. I think they by attorneys who demonstrated a ques- Congress—Congress—decide on the dis- are the most appropriate ones to ad- tionable familiarity with English cre- position of these lands when the time dress some procedure relative to the ated a problem. As usual, the answer is right. And I think the time is right. concern of the brown snake and its was that the interpretation didn’t The people of Guam have waited long continued expansion over the land make a lot of sense and was contrary enough. mass of Guam. to past practice, but if Congress dis- I also note that this is the only Section 5 of the legislation—I might agreed, it could clarify the law. Well I method I can think of that will guar- add further, the Fish and Wildlife Serv- disagree and this language should clar- antee the Government of Guam an op- ice testified last year that they had 18 ify the law. One problem that was portunity to participate in the process. listed species on Guam. I am told that raised is that under current law, aliens I hope that the administration will three are extinct and five more no are given a preference over United support the public process. longer occur on Guam. At the rate that States citizens and that creates inequi- One of the inconsistencies here in the Fish and Wildlife Service is dealing ties in small areas like Guam and the this land that is in dispute, approxi- with the brown snake, this will be Commonwealth of the Northern Mar- mately 2,000 acres that is held by the probably the only refuge dedicated to iana Islands. The answer, of course, is Department of Defense—clearly the dean extinct species. to treat residents of the freely associ- fensive requirements are no longer per- I think that says something about ated States like United States citizens, tinent that necessitate the Department the stewardship of the U.S. Fish and not to fabricate a legal opinion to deny of Defense to hold this land. So it is ba- Wildlife Service with regard to the them benefits altogether. Section 9

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S736 CONGRESSIONAL RECORD — SENATE January 28, 1997 would provide equal but not pref- Mr. President, I ask unanimous con- of federal ownership except pursuant to an erential treatment, and I think that is sent that the text of the bill be printed Act of Congress specifically identifying such fully in line with our intent under the in the RECORD. property.’’. Compact in encouraging residents of The PRESIDING OFFICER. Without SEC. 5. CLARIFICATION OF ALLOTMENT FOR TER- RITORIES. the freely associated States to come to objection, it is so ordered. Section 901(a)(2) of the Omnibus Crime the United States for work and study. S. 210 Control and Safe Streets Act of 1968 (42 Section 10 would provide the consent Be it enacted by the Senate and the House of U.S.C. 3791(a)(2)) is amended to read as fol- of the United States to two amend- Representatives of the United States of America lows: ments to the Hawaiian Homes Commis- in Congress assembled, ‘‘(2) ‘State’ means any State of the United SECTION 1. MARSHALL ISLANDS AGRICULTURAL States, the District of Columbia, the Com- sion Act as required by the Admissions monwealth of Puerto Rico, the Virgin Is- Act for the State of Hawaii. This lan- AND FOOD PROGRAMS. Section 103(h)(2) of the Compact of Free lands, American Samoa, Guam, and the Com- guage was requested by the administra- Association Act of 1985 (48 U.S.C. 1903(h)(2) is monwealth of the Northern Mariana Is- tion and is supported by the Hawaii amended by striking ‘‘ten’’ and inserting lands;’’. delegation and I’m pleased to say by ‘‘fifteen’’ and by adding at the end of sub- SEC. 6. AMENDMENTS TO THE REVISED ORGANIC my colleagues, Senators INOUYE and paragraph (B) the following: ACT OF THE VIRGIN ISLANDS. (a) TEMPORARY ABSENCE OF OFFICIALS. Sec- AKAKA. ‘‘The President shall ensure that the tion 14 of the Revised Organic Act of the Vir- Section 11 would provide for an eco- amount of commodities provided under these programs reflects the changes in the popu- gin Islands (48 U.S.C. 1595) is amended by nomic study commission for American lation that have occurred since the effective adding at the end the following new sub- Samoa similar to that provided for the date of the Compact.’’. section: ‘‘(g) An absence from the Virgin Islands of Virgin Islands. Like the Virgin Islands SEC. 2. AMERICAN MEMORIAL PARK. the Governor or the Lieutenant Governor, Commission, the Secretary of the Inte- Section 5 of Public Law 95–348 is amended while on official business, shall not be a rior will be a voting member ex officio by striking subsection (f). ‘temporary absence’ for purposes of this sec- in recognition of his responsibilities. SEC. 3. TERRITORIAL LAND GRANT COLLEGES tion.’’. Given the unique cultural situation in (a) LAND GRANT STATUS. Section 506(a) of (b) PRIORITY OF BONDS. Section 3 of Public American Samoa and the importance the Education Amendments of 1972 (Public Law 94–392 (48 U.S.C. 1574c) is amended— of land tenure and Matai rights, three Law 92–318, as amended; 7 U.S.C. 301 note) is (1) by striking ‘‘priority for payment’’ and of the seven members of the commis- amended by striking ‘‘the College of Micro- inserting ‘‘a parity lien with every other nesia,’’ and inserting ‘‘the College of the sion will come from nominations by issue of bonds or other obligations issued for Marshall Islands, the College of Micronesia- payment’’; and the Governor. Unlike the Virgin Is- FSM, the Palau Community College,’’. (2) by striking ‘‘in the order of the date of lands, American Samoa still relies on (b) ENDOWMENT. The amount of the land issue’’. annual appropriations for both oper- grant trust fund attributable to the $3,000,000 (c) APPLICATION. The amendments made by ations and infrastructure, and the com- appropriation for Micronesia authorized by subsection (b) shall apply to obligations mission is directed to focus on the the Education Amendments of 1972 (Public issued on or after the date of enactment of needs in those areas over the next dec- Law 92–318, as amended; 7 U.S.C. 301 note) this section. ade and look to ways to minimize that shall, upon enactment of this Act, be divided SEC. 7. COMMISSION ON THE ECONOMIC FUTURE equally among the Republic of the Marshall OF THE VIRGIN ISLANDS. dependence. As part of its report, the Islands, the Federated States of Micronesia, (a) ESTABLISHMENT AND MEMBERSHIP. commission is directed to provide an and the Republic of Palau for the benefit of (1) There is hereby established a Commis- historical overview of the relationship the College of the Marshall Islands, the Col- sion on the Economic future of the Virgin Is- between American Samoa and the lage of Micronesia-FSM, and the Palau Com- lands (the ‘‘Commission’’). The Commission United States and include copies of rel- munity College. shall consist of six members appointed by evant documents in an appendix to the (c) TREATMENT. Section 1361(c) of the Edu- the President, two of whom shall be selected cation Amendments of 1980 (Public Law 96– from nominations made by the Governor of report. I want to emphasize that this is the Virgin Islands. The President shall des- an overview and I do not want the com- 374, as amended; 7 U.S.C. 301 note) is amended by striking ‘‘and the Trust Territory of ignate one of the members of the Commis- mission to depart from its focus on the Pacific Islands (other than the Northern sion to be Chairman. what economic opportunities exist to Mariana Islands)’’ and inserting ‘‘the Repub- (2) In addition to the six members ap- replicate scholarly studies. There are lic of the Marshall Islands, and the Fed- pointed under paragraph (1), the Secretary of certain constraints on economic devel- erated States of Micronesia, and the Repub- the Interior shall be an ex-officio member of lic of Palau’’. the Commission. opment in American Samoa as a result (3) Members of the Commission appointed of its status outside the customs terri- SEC. 4. AMENDMENT TO THE GUAM ORGANIC by the President shall be persons who by vir- ACT. tory of the United States, for example, tue of their background and experience are Section 28 of the Organic Act of Guam (48 and that needs to be noted. particularly suited to contribute to achieve- U.S.C. 1421f) is amended by adding at the end Mr. President, the Committee on En- ment of the purposes of the Commission. the following new subsection: (4) Members of the Commission shall serve ergy and Natural Resources plans to ‘‘(d) TRANSFER OF EXCESS LAND. (1) At without compensation, but shall be reim- least 180 days before transferring to any Fed- hold a hearing on this legislation on bursed for travel, subsistence and other nec- eral agency excess real property located in February 6. I hope to be able to report essary expenses incurred by them in the per- Guam other than real property identified on the measure and have it considered by formance of their duties. the Senate prior to the February re- map ll and dated ll as land subject to (5) Any vacancy in the Commission shall transfer only by statute, the Administrator be filled in the same manner as the original cess. I hope that the administration of General Services Administration shall no- will support this measure, although I appointment was made. tify the government of Guam that the prop- (b) PURPOSE AND REPORT. know they dislike commissions and erty is available under this section. (1) The purpose of the Commission is to studies. I am not a great fan of them ‘‘(2) The Administrator shall transfer to make recommendations to the President and either, but from time to time a fresh the government of Guam all right, title, and Congress on the policies and actions nec- look at a problem can be useful. I do interest of the United States in and to excess essary to provide for a secure and self-sus- not want these commissions to go be- real property located in Guam, by quit claim taining future for the local economy of the yond their limited life and I want them deed and without reimbursement, if the gov- Virgin Islands through 2020 and on the role of ernment of Guam, within 180 days after re- to produce something useful. I hope the the Federal Government. In developing rec- ceiving notification under paragraph (1) re- ommendations, the Commission shall— administration will agree with the garding the property, notifies the Adminis- (A) solicit and analyze information on pro- unique circumstances surrounding trator that the government of Guam intends jected private sector development and shift- these provisions and the need for them. to acquire the property under this section. ing tourism trends based on alternative fore- and recognize the obligation that we ‘‘(3) For purposes of this subsection, the casts of economic, political and social condi- have to these areas under the Organic term ‘excess real property’ means excess tions in the Caribbean; Act of Guam and the revised Organic property (as that term is defined in section 3 (B) analyze capital infrastructure, edu- Act of the Virgin Islands and the Com- of the Federal Property and Administrative cation, social, health, and environmental Services Act of 1949) that is real property. pact of Free Association Act that man- needs in light of these alternative forecasts; ‘‘(4) With respect to any real property iden- and dates an oversight and continued re- tified on the map referenced in paragraph (1) (C) assemble relevant demographic, eco- sponsibility by the Federal Govern- of this subsection, such property may not be nomic, and revenue and expenditure data ment. transferred to another federal agency or out from over the past twenty-five years.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S737 (2) The recommendations of the Commis- (1) by striking ‘‘or’’ at the end of paragraph and programs on the local economy and sion shall be transmitted in a report to the (5); make such recommendations for changes in President, the Committee on Energy and (2) by striking the period at the end of the application as the Commission deems ad- Natural Resources of the United States Sen- paragraph (6) and inserting ‘‘; or’’; and visable; ate and the Committee on Resources of the (3) by adding at the end the following new (E) consider the impact of federal trade United States House of Representatives no paragraph: and other international agreements, includ- later than June 30, 1999. The report shall set ‘‘(7) an alien who is lawfully resident in the ing, but not limited to those related to ma- forth the basis for the recommendations and United States and its territories and posses- rine resources, on American Samoa and include an analysis of the capability of the sions under section 141 of the Compacts of make such recommendations as may be nec- Virgin Islands to meet projected needs based Free Association between the Government of essary to minimize or eliminate any adverse on reasonable alternative economic, political the United States and the Governments of effects on the local economy. and social conditions in the Caribbean, in- the Marshall Islands, the Federated States of (2) The recommendations of the Commis- cluding the possible effect of expansion in Micronesia (48 U.S.C. 1901 note) and Palau (48 sion shall be transmitted in a report to the the near future of Cuba in trade, tourism and U.S.C. 1931 note) while the applicable section President, the Committee on Energy and development. is in effect: Provided, That, within Guam and Natural Resources of the United States Sen- (c) POWERS. the Commonwealth of the Northern Mariana ate and the Committee on Resources of the (1) The Commission may— Islands any such alien shall not be entitled United States House of Representatives no (A) hold such hearings, sit and act at such to a preference in receiving assistance under later than June 30, 1999. The report shall set times and places, take such testimony and this Act over any United States citizen or forth the basis for the recommendations and receive such evidence as it may deem advis- national resident therein who is otherwise include an analysis of the capability of able; eligible for such assistance.’’. American Samoa to meet projected needs (B) use the United States mail in the same SEC. 10. CONSENT TO HAWAIIAN HOMES COMMIS- based on reasonable alternative economic, manner and upon the same conditions as de- SION ACT AMENDMENTS. political and social conditions in the Pacific partments and agencies of the United States; As required by section 4 of the Act entitled Basin. The report shall also include projec- and ‘‘An Act to provide for the admission to the tions of the need for direct or indirect fed- (C) within available funds, incur such ex- State of Hawaii into the Union’’, approved eral assistance for operations and infrastruc- penses and enter into contracts or agree- March 18, 1959 (73 Stat. 4), the United States ture over the next decade and what addi- ments for studies and surveys with public consents to the following amendments to the tional assistance will be necessary to de- and private organizations and transfer funds Hawaiian Homes Commission Act, 1920, velop the local economy to a level sufficient to Federal agencies to carry out the Com- adopted by the State of Hawaii in the man- to minimize or eliminate the need for direct mission’s functions. ner required for State legislation: federal operational assistance. As part of the (2) Within funds available for the Commis- (1) Act 339 of the Session Laws of Hawaii, report, the Commission shall also include an sion, the Secretary of the Interior shall pro- 1993, and overview of the history of American Samoa vide such office space, furnishings, equip- (2) Act 37 of the Session Laws of Hawaii, and its relationship to the United States ment, staff, and fiscal and administrative 1994. from 1872 with emphasis on those events or services as the Commission may require. SEC. 11. AMERICAN SAMOA STUDY COMMISSION. actions that affect future economic develop- (3) The President, upon request of the Com- (a) SHORT TITLE.—This section may be ment and shall include, as an appendix to its mission, may direct the head of any Federal cited as ‘‘The American Samoa Development report, copies of the relevant historical doc- agency or department to assist the Commis- Act of 1997’’. uments, including, but not limited to, the sion and if so directed such head shall— (b) ESTABLISHMENT AND MEMBERSHIP. Convention of 1899 (commonly referred to as (A) furnish the Commission to the extent (1) There is hereby established a Commis- the Tripartite Treaty) and the documents of permitted by law and within available appro- sion on the Economic Future of American cession of 1900 and 1904. priations such information as may be nec- Samoa (the ‘‘Commission’’). The Commission (d) POWERS. essary for carrying out the functions of the shall consist of six members appointed by (1) The Commission may— Commission and as may be available to or the President, three of whom shall be se- (A) hold such hearings, sit and act at such procurable by such department or agency; lected from nominations made by the Gov- times and places, take such testimony and and ernor of American Samoa, and the Secretary receive such evidence as it may deem advis- (B) detail to temporary duty with the Com- of the Interior ex officio. The President shall able: Provided, That the Commission shall mission on a reimbursable basis such per- designate one of the appointed members of conduct public meetings in Tutuila, Ofu, sonnel within his administrative jurisdiction the Commission to be Chairman. Olosega, and Tau; as the Commission may need or believe to be (2) Members of the Commission appointed (B) use the United States mail in the same useful for carrying out its functions, each by the President shall be persons who by vir- manner and upon the same conditions as de- such detail to be without loss of seniority, tue of their background and experience are partments and agencies of the United States; pay or other employee status. particularly suited to contribute to achieve- and (d) CHAIRMAN. Subject to general policies ment of the purposes of the Commission. (C) within available funds, incur such ex- that the Commission may adopt, the Chair- (3) Members of the Commission shall serve penses and enter into contracts or agree- man of the Commission shall be the chief ex- without compensation, but shall be reim- ments for studies and surveys with public ecutive officer of the Commission and shall bursed for travel, subsistence and other nec- and private organizations and transfer funds exercise its executive and administrative essary expenses incurred by them in the per- to Federal agencies to carry out the Com- powers. The Chairman may make such provi- formance of their duties. mission’s functions. sions as he may deem appropriate author- (4) Any vacancy in the Commission shall (2) Within funds available for the Commis- izing the performance of his executive and be filled in the same manner as the original sion, the Secretary of the Interior shall pro- administrative functions by the staff of the appointment was made. vide such office space, furnishings, equip- Commission. (c) PURPOSE AND REPORT. ment, staff, and fiscal and administrative (e) FUNDING. There is hereby authorized to (1) The purpose of the Commission is to services as the Commission may require. be appropriated to the Secretary of the Inte- make recommendations to the President and (3) The President, upon request of the Com- rior such sums as may be necessary, but not Congress on the policies and actions nec- mission, may direct the head of any Federal to exceed an average of $300,000 per year, in essary to provide for a secure and self-sus- agency or department to assist the Commis- fiscal years 1997, 1998 and 1999 for the work of taining future for the local economy of sion and if so directed such head shall— the Commission. American Samoa through 2020 and on the (A) furnish the Commission to the extent (f) TERMINATION. The Commission shall ter- role of the Federal Government. In devel- permitted by law and within available appro- minate three months after the transmission oping recommendations, the Commission priations such information as may be nec- of the report and recommendations under shall— essary for carrying out the functions of the subsection (b)(2). (A) solicit and analyze information on pro- Commission and as may be available to or SEC. 8. PUBLIC HEALTH SERVICE PHYSICIANS. jected private sector development, including, procurable by such department or agency; The Secretary of Health and Human Serv- but not limited to, tourism, manufacturing and ices shall provide, on a non-reimbursable and industry, agriculture, and transpor- (B) detail to temporary duty with the Com- basis, assistance for direct radiation related tation and shifting trends based on alter- mission on a reimbursable basis such per- medical surveillance and treatment pro- native forecasts of economic, political and sonnel within his administrative jurisdiction grams under section 177(b) of the Compact of social conditions in the Pacific; as the Commission may need or believe to be Free Association. Such programs may in- (B) analyze capital infrastructure, edu- useful for carrying out its functions, each clude the services of physicians, surgeons, cation, social, health, and environmental such detail to be without loss of seniority, dentists, nurses, and other health care prac- needs in light of these alternative forecasts; pay or other employee status. titioners. (C) assemble relevant demographic, eco- (e) CHAIRMAN. Subject to general policies SEC. 9. ELIGIBILITY FOR HOUSING ASSISTANCE. nomic, and revenue and expenditure data that the Commission may adopt, the Chair- (a) Section 214(a) of the Housing Commu- from over the past twenty-five years; man of the Commission shall be the chief ex- nity Development Act of 1980 (42 U.S.C. (D) review the application of federal laws ecutive officer of the Commission and shall 1436a(a)) is amended— and programs and the effects of such laws exercise its executive and administrative

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S738 CONGRESSIONAL RECORD — SENATE January 28, 1997 powers. The Chairman may make such provi- Although Secretary Brown has not Shield/Desert Storm whom I met with sions as he may deem appropriate author- yet replied to our letter, I know that over a month ago. These Minnesota izing the performance of his executive and he is a fearless and deeply committed veterans who are my mentors told me administrative functions by the staff of the advocate of our Nation’s veterans and about the illnesses and symptoms they Commission. (f) FUNDING. There are hereby authorized fully shares my view that America’s developed after the war, including skin to be appropriated to the Secretary of the In- veterans must always be given the ben- rashes, hair loss, reproductive prob- terior such sums as may be necessary, but efit of the doubt. Under his leadership, lems, memory loss, headaches, aching not to exceed an average of $300,000 per year, the VA is now reviewing 11,000 cases to joints, and internal bleeding. They said in fiscal years 1997, 1998 and 1999 for the work ensure that Persian Gulf veterans are that they are scared to death about of the Commission. indeed given the benefit of the doubt in their health problems. I was deeply (f) TERMINATION. The Commission shall terminate three months after the transmission the development and adjudication of moved by their accounts and pledged to of the report and recommendations under their compensation claims. do all I could to help them. Moreover, subsection (c)(2). Secretary Brown, at the request of I was distressed to learn that as of last President Clinton, is formulating a month, out of 171 Minnesota gulf vet- By Mr. WELLSTONE: plan to expand the deadline for com- erans who had filed disability claims, S. 211. A bill to amend title 38, pensation which is to be submitted to only 18 were receiving full or partial United States Code, to extend the pe- the President in March. I anticipate disability benefits. riod of time for the manifestation of that the administration will extend the As part of an action plan to help Min- chronic disabilities due to undiagnosed deadline and believe that when this oc- nesota gulf veterans, I told them that symptoms in veterans who served in curs they’ll want congressional author- Congressman EVANS and I were writing the Persian Gulf war in order for those ization. This bill is intended to grant to Secretary Brown to extend the 2- disabilities to be compensable by the them that authority. year period to 10 years. This initiative Secretary of Veterans Affairs; to the Mr. President, so that my colleagues was supported both by Minnesota Per- Committee on Veterans Affairs. on both sides of the aisle will better sian Gulf veterans and State veterans’ THE PERSIAN GULF WAR VETERANS understand my reasons for introducing leaders and the bill I’m now intro- COMPENSATION ACT OF 1997 this bill and why I believe the adminis- ducing is a logical followup to the let- ∑ Mr. WELLSTONE. Mr. President, I tration must and will extend the dead- ter sent to Secretary Brown. am pleased and proud to introduce a line for filing gulf war claims, permit I am very pleased to note that this bill today that will address a serious me to list some of the key factors in- legislation is supported by the Amer- problem faced by many Persian Gulf volved: ican Legion and the Vietnam Veterans veterans—the denial of their claims for Sick Persian Gulf veterans shouldn’t of America and I urge my colleagues to VA compensation based solely on the be kept in limbo, waiting years for the join these organizations in strongly fact that their symptoms arose more completion of research that should supporting this bill. than 2 years after they last served in have been done years ago on the long- I dedicate this bill to the patriotic the gulf. This bill is a companion to term health effects of low-level expo- and courageous Minnesota veterans H.R. 466 introduced recently by Con- sures to chemical and other agents; who served in the Persian Gulf war. gressman LANE EVANS, ranking minor- In this connection, the experience of Mr. President, I ask unanimous con- ity member of the House Veterans’ Af- atomic veterans for over 50 years is sent that the text of the bill be printed fairs Committee and an outstanding, hardly encouraging, with disputes in the RECORD. energetic, and dedicated veterans’ ad- among scientists persisting about the There being no objection, the bill was vocate. long-term effects of exposure to low- ordered to be printed in the RECORD, as This bill would extend from 2 to 10 level radiation and about the validity follows: years the time by which a veteran of U.S. Government-funded radiation S. 211 must develop symptoms after depart- dose reconstructions—dose reconstruc- Be it enacted by the Senate and House of Rep- ing the gulf to be eligible to file for VA tions which continue to be a major fac- resentatives of the United States of America in disability compensation. tor in denial of the vast majority of Congress assembled, While this legislation is simple and atomic veterans’ claims for VA com- SECTION 1. SHORT TITLE. straight forward, there are a number of pensation; This Act may be cited as the ‘‘Persian Gulf War Veterans Compensation Act of 1997’’. reasons that I am introducing it that While I’m pleased that research is fi- SEC. 2. EXTENSION OF PRESUMPTIVE PERIOD require some elaboration. nally taking place after a delay of over FOR MANIFESTATION OF CHRONIC Over a month ago Congressman 5 years stemming from DOD’s conten- DISABILITIES DUE TO EVANS and I sent a joint letter to VA tion that there were no chemical expo- UNDIAGNOSED SYMPTOMS IN VET- Secretary Jesse Brown asking him to ERANS WHO SERVED IN THE PER- sures and that low-level exposures had SIAN GULF WAR. administratively extend the presump- no health effects, I fear there is a possi- Subsection (b) of section 1117 of title 38, tive period from 2 to 10 years. We bility that the etiology of Persian Gulf United States Code, is amended to read as pointed out that the VA had denied illnesses may never be known because follows: about 95 percent of Persian gulf vet- needed scientific data was not col- ‘‘(b) The provisions of subsection (a) shall erans’ claims for undiagnosed illnesses lected immediately after the war and apply in the case of a disability of a veteran and noted that in House testimony last because of the complexity of figuring becoming manifest within 10 years after the March Secretary Brown himself said last date on which the veteran performed ac- out the synergistic effects of various tive military, naval, or air service in the that ‘‘most of the people we are deny- combinations of harmful agents Southwest Asia theater of operations during ing, a large percentage of the people present during the gulf war. the Persian Gulf War.’’∑ that we are denying, do not have a dis- DOD and CIA are developing new in- ease within the 2-year period.’’ The formation about possible chemical and By Mr. WELLSTONE: Secretary added that there was a need other exposures during the gulf war S. 212. A bill to increase the max- to examine health problems emerging that could further complicate the imum Federal Pell Grant award in after that time period. search for the causes of illnesses, while order to allow more American students Mr. President, our letter also noted the media sometimes carry contradic- to afford higher education, and to ex- that continuing disclosures about pos- tory reports on such exposures that add press the sense of the Senate; to the sible exposures of our troops in the gulf to the uncertainties and anxieties of Committee on Labor and Human Re- to chemical weapons make it clear that veterans and their families; sources. it may take many years before we have There are a number of serious dis- THE AFFORDABLE HIGHER EDUCATION THROUGH a full understanding of what occurred eases that are not manifested until 10 PELL GRANTS ACT during the Persian Gulf war and how years or more after initial exposure to Mr. WELLSTONE. Mr. President, on these events affected our veterans. In harmful agents. January 21 I cosponsored S. 212, the closing, we stressed that gulf war vet- In closing, Mr. President, I would Senate leadership’s version of Presi- erans must be given the benefit of the like to pay tribute to the brave Min- dent Clinton’s education tax deduction doubt. nesota veterans of Operation Desert and credit plan. As an educator for 20

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S739 years and a Senator who believes in in 1994. According to Thomas formula is simple. First, the ‘‘expected education, I couldn’t be more enthusi- Mortenson, a higher education policy family contribution’’ is determined astic that the President and the leader- analyst in Iowa City, ‘‘there has been a through a formula used for all Federal ship have chosen to invest $35 billion redistribution of educational oppor- student aid programs. The nickname over the next 5 years into higher edu- tunity. We have a greater inequality of for the expected family contribution is cation in this country. This is a mar- educational attainment by age 24 than EFC. The EFC takes into account the velous goal and I support it without at any time during the last 25 years. family income, the number of depend- hesitation. Lower income kids are having a ter- ents in the family, the number of fam- When it comes to investing a large rible time in higher education.’’ ily members currently receiving aid or sum of money into education, with the Mr. President, 25 years ago, the Pell attending college, and certain assets if goal of making education more afford- Program was created to respond to the family earns more than $50,000 a able for more students and working these discrepancies. The goal of Pell year. families, I think that it is important to grants was to target funds toward Here’s an example. A typical two- explore every viable option. The tax those families that were likely to send earner family with an income of $50,000 system is one way to distribute money their children to college but couldn’t that has one dependent child in college to working families. Another existing afford to. Consequently, Pell grants would be expected to contribute $4,000 system is the Pell Grant Program, have no income limit. Even a family per year toward their child’s education. which is already geared toward tar- with a very high income is eligible for The EFC is then subtracted from the geting money at the students who are Pell, if it can be shown that they have maximum Pell Grant award, which most likely not to attend college be- need—for example, if they have several under current law is authorized to be cause of a lack of funds. Currently, Pell children and all the kids are in college, $4,500. If you add up the cost of the Grants go almost exclusively to lower they are supposed to fall under the um- child’s tuition, fees, room, board, and income families. But that is not how brella of the Pell Program. Pell grant books and it comes out to more than Pell was designed. It was designed to awards go first to the neediest stu- $4,500, then that family could expect to reach families based on their need, not dents, and are phased out as need de- receive $500 in Pell grants. based on their income. If the Pell creases. This example also succeeds in dem- Grant Program were to be funded up to It was hoped that the Pell Program onstrating the problem with the Pell its authorized level, it would be of would pay off in three very important grant system. Currently, the Pell max- great benefit to many middle-class ways. First, it would enable more moti- imum award is, indeed, authorized to families as well as lower middle-class vated but financially insecure students be $4,500. However, because there was families. Because Pell is a proven enti- to gain the skills necessary to have not enough money available for the ty and a great deal could be gained by productive lives. Second, it would in- Pell Program last year, the appropri- investing in it, I rise today to intro- crease the number of students enrolled ators lowered the Pell maximum award duce a second option on how to bring in institutions of higher learning, and to only $2,700. That means that the av- higher education into the reach of therefore reduce the cost of higher edu- erage three person family, which I have more Americans. cation for everyone. Third, it would described above, will not receive a Pell It is both saddening and shameful provide to the Nation all the wonderful grant award if their income is over that in this country, the best predictor benefits of a well-educated popu- $38,600. of attending college is the family in- lation—a skilled work force, an im- You see, Pell, as originally designed, come. We have engineered a system in proved ability to compete with other is supposed to benefit the middle class. this country where the doors to college nations, a more financially secure But for this to be successful, enough are closed for those who have the most country. money must be allocated to the pro- to gain from higher education. Only 16 The Pell Grant Program has done a gram so that the appropriations proc- percent of college freshmen come from world of good. Over the 25 years, 68.2 ess can provide the statutory max- households earning $20,000 a year or million awards have been given out to imum award for each student. less. Only half of them actually grad- an estimated 30 million students. Mil- But this has seldom happened over uate by age 24, and those that drop out lions of lower income students have the years. While the statute sets the cite the expense of college as their No. been able to attend college thanks to maximum award, limited funds avail- 1 concern. Clearly, we are doing an in- Pell. While Pell itself has been unable able for the program have meant that adequate job of addressing the finan- to actually reduce college tuitions, it appropriations language has almost al- cial needs of our Nation’s college bound is frightening to imagine how expen- ways reduced the maximum award. youth. According to David Wessel of sive colleges would be without the Pell Because the appropriations process the Wall Street Journal, three-quarters Program, and how few lower income reduces the maximum Pell award every of higher income students attend col- families would be able to obtain diplo- year, the purchasing power of Pell lege. Half of middle income students mas. In terms of overall effect of the grants has dwindled in relation to col- attend college. But just one-quarter of Pell Program on our country, it is allege costs. During the 80’s and 90’s, col- poorest income students attend col- most impossible to overstate the sig- lege costs have increased at an annual lege. nificance of having educated so many rate of between 5 percent and 8 percent, As reported by the New York Times, people who otherwise would have been increases that have always outpaced ‘‘the impact of [financial pressures on unlikely to have increased their stand- inflation. In 1980, the average Pell the poor] has been camouflaged by the ard of living and the standards of their award of $882 paid 26 percent of the steady growth in college attendance by families and those around them. total annual cost of attendance for a 4- more affluent students and by older When Pell was created, it bore a price year public institution—$3,409—as com- people. But students from poor families tag of $47.5 million—in 1971 dollars, $118 pared to today, when the average have increasingly been left behind.’’ million in 1997 dollars—and benefited award of $1,579 pays only 16 percent of The proportion of students earning col- 176,000 grant recipients. By 1980 it aided total costs of $9,649. This, in light of lege degrees by age 24 from families in 2.7 million students, and today, the the fact that, as stated in the Higher the richest quarter of the population Pell Grant Program invests $6.4 billion Education Act, the purpose of the Pell has jumped from 31 percent in 1979 to 79 a year into the education of 3.6 million Grant Program is to provide an award percent in 1994. But the rate among grant recipients a year. We should not that ‘‘in combination with reasonable students from families in the poorest misinterpret the growth of this pro- family and student contribution and— population over the exact same years, gram as having successfully met the other Federal grant aid—will meet at 1979 to 1994, has stayed dead flat at 8 need for the program; however, Pell least 75 percent of a student’s cost of percent. Grants are something of which the attendance.’’ Looked at another way, affluent stu- Congress should be extremely proud. In real dollars, appropriations for the dents in 1979 were 4 times more likely Let me explain how the Pell Program Pell Grant Program have increased by to graduate from college at 24 than works, and how it manages to invest almost 50 percent since 1980. However, poor students, but 10 times more likely money right where it is needed. The the appropriated maximum grant has

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S740 CONGRESSIONAL RECORD — SENATE January 28, 1997 increased only 34 percent, which means has risen faster than medical costs, and at a rate much greater than inflation. that if inflation is factored in, the more than twice as fast as family in- Six-and-a-half million students, nearly maximum award has fallen 13 percent. come. half of the Nation’s enrollment, have The result is that few families with in- For the last 10 years, tuition in- loans totaling $23.8 billion. Student comes above $30,000 are likely to qual- creases at State universities, commu- borrowing has grown at an average ify for Pell. Last year, 54 percent of nity colleges, and technical colleges in rate of 22 percent per year since 1990, Pell recipients had incomes of less than Minnesota have ranged from 2 to al- outpacing personal income growth four $10,000. most 9 percent every single year. The times over. This is where the bill I introduce largest trend in tuition increases began At Moorehead State University in today comes in. At a similar cost to in the early 1980’s. Since then, tuition Moorehead, MN, students are grad- the President’s tax deduction and cred- at the University of Minnesota has uating with a staggering amount of it proposals—$35 billion over 5 years— risen 264 percent while the Consumer debt. The average student graduating my bill would increase the maximum Price Index has gone up 71 percent— this spring who finished her degree in 4 Pell grant award to $5,000 from the available chart shows only the increase years owes $10,762. For those who take present level of $2,700, thus bringing between 1981 and 1992, that is why its 5 years to graduate, their debt is even the award to the level at which it was numbers are smaller. Next academic higher, an average of $11,450. Those fig- created, adjusted for inflation. With year, a freshman at the UM Liberal ures are both much higher than only 4 the maximum increased, two intents Arts College will pay $3,618, plus a years ago. would be accomplished. First, lower in- higher activity fee, plus a new $135 The Minnesota State Colleges and come students would be entitled to a computing fee. Universities report that students grad- larger award, thus having more oppor- All over Minnesota—at private uating from 2-year colleges incur debt tunity to attend college. Second, be- schools, public universities and col- of $8,000 to $10,000. Those attending cause the maximum is increased, more leges—tuition is going up faster than State universities are coming out of students—including students from mid- personal disposable income per capita. school with $15,000 to $20,000 of debt. dle income families—would be eligible Meanwhile, Government and private It should be no surprise that defaults for Pell grants. aid has declined. Federal appropria- cost the Federal Government over $2 Here are a few illustrations. Under tions for student aid fell 9 percent be- billion a year. current law, a single, independent stu- tween 1980 and 1993 while States alloca- It’s not only students that are in- dent with no children is ineligible for tions fell 13 percent between 1986 and creasingly saddled with debt. Parents even a minimum Pell grant award if 1992. Corporate and private giving is far are borrowing more and more in order she has an income of over $9,800. My too small to offset these declines. Last to finance their children’s educations. bill would effectively double the in- year, the Federal Government spent The average loan in the PLUS Pro- come eligibility; a single student with nearly 40 percent less than it did the gram—parental loans for under- no children with an income of over year before to help young people in graduate students—between 1992 and $16,200 would still be eligible for Pell. If Minnesota pay for college with Perkins 1993 jumped from $3,260 to $4,525. In ad- that student is a single parent, with loans. That’s $1.5 million less in dition, the loan volume for the pro- two children, her income could be as loans—3,214 fewer students getting help gram grew by 26 percent. high as $50,600 and she would still be el- with their educations. Overall, public If you are a student planning to at- igible for Pell, as opposed to current subsidies to higher education have tend college, or a parent planning on law, which would eliminate her eligi- shrunk from 45 percent of higher edu- paying for your child, you’d better bility at an income of $38,800. cation’s revenues in 1980 to 35 percent start saving now. Even if you plan to Parents trying to put a dependent today, most of it to public universities. send your child to a State school, and child through college would also ben- Today, more than 80 percent of Amer- even if you start saving 17 years in ad- efit from this bill. For example, a two- ica’s college students study at public vance, you are going to have to start parent family with one child in college universities. putting away a chunk of change. under current law is eligible only if The trend in Federal aid to post-sec- Put together, rising costs of edu- their income is lower than $38,600. My ondary students is towards more loans cation and decreasing Government aid bill would raise this eligibility to just and away from grants. Although more spells a greater burden on students and under $50,000. Under Pell as it exists money is now available to college stu- their families—a burden that is often today, a family with four children in dents, a greater proportion of it must impossible to initiate, and at times, if college receives the minimum award be paid back. According to the college attempted, impossible to sustain. for each of their children as long as board, the Federal Government in- But it’s crazy for us to allow this to their income is lower than $72,600. vested 80 percent of its higher edu- go on. Education is the key to the eco- Under this bill, an average family with cation budget into Grants and only 20 nomic security of this Nation. By the four children in college would receive percent in loans. Today, those numbers year 2000, 50 percent of all new jobs will the minimum award for each child are almost exactly reversed. This is a require a college education. It is not even if their income was as high as trend that affects poorer students only our duty and obligation to assist $107,300. much more than those who are these students in their higher edu- Now let me take a moment to explain wealthier, as poor students are forced cation endeavors, it is essential for our why my proposal and the Clinton pro- to ask themselves—what if I don’t country’s future. posal are so deserving of the attention graduate, what will I do with my debt? Higher education pays off. Every and support of this body. For these students, Pell Grants are a year of higher education increases an These days, parents putting children lifeline that keeps being pulled out of individual’s income between 6 and 12 through college, and young adults try- their reach. percent. In fact, a college-educated ing to do it on their own, are facing an Between 1985 and 1994, the share of male earns 83% more during his life- increasingly daunting challenge. Ac- college costs covered by the maximum time than a noncollege-educated male. cording to the college board, tuition Pell grant has steadily fallen for all Education is married to earnings po- costs have gone up more than 40 per- types of institutions. For example, at a tential. A high school dropout can ex- cent since 1985. Expressed in constant private university, a Pell Grant cov- pect to earn, on average, under $13,000 1994 dollars, in 1985 tuition at the aver- ered about 17 percent the cost of at- a year; a high school graduate, under age private college was $10,058. By 1994, tendance in 1985. By 1994, that fell to $19,000; while a college graduate can it was $14,486—a 44 percent increase. about 10 percent. Similarly, at a public earn over $32,000 and a master’s degree The average public college tuition was university, a Pell Grant paid for about recipient can earn over $40,000; a doc- $2,095 in 1985. By 1994, it was $2,948—a 41 50 percent of college costs in 1985. In toral recipient can earn over $54,000; percent increase. 1994, that figure was down to about 30 and a professional degree recipient Last year alone, college tuition went percent. earns, on average, over $74,000. up 6 percent, more than double the rate As a result, the average debt of those A recent survey of managers showed of inflation. Since 1980, college tuition emerging from higher education grows that an investment in the educational

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S741 level of their work force resulted in imum Federal Pell Grant award permitted offer generous financial aid to needy stu- twice the return in increased produc- under this Act for academic year 1998–1999 dents, most of them go to public institu- tivity of a comparable increase in work and each of the 4 succeeding academic years tions. to all eligible students. He and Michael S. McPherson, president of hours and nearly three times the re- Macalester College in St. Paul, Minn., have turn of an investment in capital stock. AID CUTS PUT COLLEGE BEYOND REACH OF found that public subsidies to higher edu- Data from the Society of Research POOREST STUDENTS cation have shrunk from 45 percent of higher also reveals that poverty rate declines (By Karen W. Arenson) education’s revenues in 1980 to 35 percent as education levels increase. According today—most of it to public universities. As state governments keep whittling away to the 1992 Census, almost a quarter of Compounding the financial problems of their support for higher education, tuition at many students are continuing cuts in finan- the children under the age of 6 in the public institutions is likely to continue ris- United States live in poverty. For cial aid. Federal Pell grants, aimed at helping as financial aid shrinks, moving college ing the nation’s neediest students pay ex- many, the opportunity for a higher further beyond the reach of poor students, penses other than tuition, now amount to a education lies only in the availability education experts say. maximum of $2,700 for students at public of Pell grants. Therefore, the Pell ‘‘There has been a redistribution of edu- four-year colleges. Mr. Mortenson calculates Grant Program is integral in breaking cational opportunity,’’ said Thomas G. that had they kept pace with inflation, they the chain of poverty. In fact, a national Mortenson, a higher education policy ana- would amount to more than $5,500 today. lyst in Iowa City and a senior scholar at the study conducted in 1995 revealed that For many students, state tuition support National Council of Educational Opportunity has declined, too. For 20 years, New York’s AFDC recipients receiving financial aid Associations in Washington. are 80 percent more likely to graduate Tuition Assistance Program—available to To some experts, New York State is a case students with incomes below a certain college and obtain permanent jobs. in point. Earlier this month, Gov. George E. level—had always covered tuition at the pub- Families who live in the middle or Pataki proposed to increase tuition at New lic universities for students who qualified. higher socio-economic bracket will York’s public universities by $400 a year and But in 1995, New York reduced the maximum send their children to college regard- reduce state aid for the state’s neediest stu- award for public university students to 90 less of available financial assistance. dents. Tuition at both the State University percent of tuition. colleges and City University would rise to And now Governor Pataki has again pro- Such is not the case for low income $3,600 a year at CUNY’s four-year colleges groups. Cut backs in financial assist- posed that students who receive Pell grants and $3,800 a year at SUNY’s. are well as state tuition assistance should ance correlate to lack of enrollment Governor Pataki’s proposals are not cer- receive less from the state program. and long term attendance among lower tain to be adopted; the Legislature rejected To some extent, the impact of these finan- socio-economic groups. Without the similar cuts last year. But experts say that cial pressures has been camouflaged by the availability of Pell grants, low income higher tuition and reduced aid are inevi- steady growth in college attendance by more students will not have the opportunity table. affluent students and by older people. But for advanced degrees. ‘‘It’s not this 400 bucks that Governor students from poor families have increas- Pataki is proposing, it’s the general pat- ingly been left behind. Mr. President, these are the reasons tern,’’ said Arthur Levine, president of that I am introducing this bill. Ulti- Mr. Mortenson has found that the propor- Teachers College at Columbia University. tion of students earning college degrees by mately, education is what separates At the City University of New York, which age 24 from families in the richest quarter of those who achieve from those who can charged no tuition until 1976, tuition now ac- the population (in 1994, those with incomes never realize the American Dream. The counts for 43 percent of the four-year col- above $65,000) has jumped sharply, to 79 per- Government needs to invest in its citi- lege’s budget, up from 19 percent seven years cent in 1994 from 31 percent in 1979. But the zens if democracy is to flourish, if we ago, CUNY’s current budget proposal shows. rate among students from families in the are to compete in the global market- Students there say any increases strain their poorest population (with 1994 incomes below stretched personal budgets. place, and if we are to live up to our re- $22,000) stayed flat over the same years, at ‘‘If tuition goes up, I don’t think I will about 8 percent. sponsibility to the American people. have to drop out, but it will not be pleas- Looking at the trend another way, affluent As we plan for our country’s future ant,’’ said Michelle Whitfield, a 34-year-old students were nearly four times as likely as and that of its youth, let us be sure Harlem resident who is a voice student at the poorest ones to graduate from college by that a higher education is available Brooklyn College’s Conservatory of Music. age 24 in 1979, but nearly 10 times as likely and accessible for all. Let’s create a She works 30 hours a week as a temporary in 1994. ‘‘We have greater inequality of edu- system in the 21st century in which the worker doing word processing on Wall Street cational attainment by age 24 than at any No. 1 predictor of college attendance is to pay for college and to support herself and time in the last 25 years,’’ Mr. Mortenson her elderly mother. She earns too much to said. ‘‘Lower income kids are having a ter- not income, but rather desire. qualify for financial aid, she said, but had to I urge my colleagues to support S. 212 rible time in higher education.’’ withdraw from college last spring when she In 1995, City University surveyed 545 CUNY and to support this bill. ran out of money. Although she is back in students who had left the university system Mr. President, I ask unanimous con- school, she said she might have to sit out fu- even though they were in good academic sent that additional material be print- ture semesters if costs rise. standing. Thirty-four percent cited lack of ed in the RECORD. Higher-income and middle-income students money or the need to work as the reason. There being no objection, the mate- have been going to college in evergreater When the City University raised tuition by rial was ordered to be printed in the numbers as college becomes an increasingly $750 in 1995 and New York State cut financial RECORD, as follows: important factor in earning a decent salary. aid, the university saw a sudden drop in un- But lower-income students are going in S. 212 dergraduates: 138,000 students enrolled at its about the same proportions that they did in four-year colleges, 4,500 fewer than the pre- Be it enacted by the Senate and House of Rep- the 1970’s. vious year and about 6,500 fewer than pro- resentatives of the United States of America in For decades, public universities have rejected. Congress assembled, mained an important source of higher edu- ‘‘I am convinced that the reason was sim- SECTION 1. TITLE cation for those who cannot afford private ply financial,’’ said the university’s Chan- This bill shall be known as ‘‘The Afford- institutions. Today, more than 80 percent of cellor, W. Ann Reynolds. ‘‘Students needed able Higher Education through Pell Grants America’s college students study at public to have much more cash on the barrel. I am Act.’’ universities. convinced that we are denying opportunity SEC. 2. FEDERAL PELL GRANTS. But while these universities are still con- for poor students to go to college.’’ Section 401(b)(2)(A) of the Higher Edu- siderably less expensive than most private City University, the nation’s largest urban cation Act of 1965 (20 U.S.C. 1070a(b)(2)(A) is colleges, they, too, are increasingly pricing university system, has the highest percent- amended— themselves beyond the means of the poorest age of students in poverty: about 40 percent (1) in clause (iv), by striking ‘‘and’’ after Americans, experts say. of the 139,000 undergraduates at its four-year the comma; Morton Owen Schapiro, dean at the Uni- colleges come from households with incomes (2) in clause (v), by inserting ‘‘and’’ after versity of Southern California and a spe- of less than 420,000. More than half of all un- the comma; and cialist in the economics of higher education, dergraduates—85,000—qualify for Pell grants, (3) by inserting after clause (v) the fol- said that tuition at public colleges and uni- and 72,000 get tuition assistance from New lowing: versities had risen by an annual average of 4 York State. ‘‘(vi) $5,000 for academic year 1998–1999 and percent to 4.5 percent after inflation since Still, more than half of the students also each of the 4 succeeding academic years,’’. the late 1970’s, well ahead of the growth in fi- work: 27 percent hold full-time jobs and 32 SEC. 3. SENSE OF THE SENATE nancial aid. percent work part time—many to support It is the sense of the Senate that Congress ‘‘That is going to hurt a lot of people,’’ he their own families, because 29 percent have should appropriate funds to provide the max- said, adding that while some private colleges children.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S742 CONGRESSIONAL RECORD — SENATE January 28, 1997 Even with multiple sources of support, we do not forfeit our first amendment does not do more harm than good. We many City University students encounter fi- rights when we go on-line. Only such can already control the access our chil- nancial problems, which are reflected in guidance will stop wrong-headed ef- dren have to indecent material with their frequent moves in and out of school forts in Congress and in State legisla- blocking technologies available for free and the longer time they take to graduate. Abdul Khan, a 36-year-old immigrant from tures to censor the Internet. from some online service providers and Pakistan and an engineering major at City The first amendment to our Con- for a relatively low cost from software College, has been forced to skip semesters stitution expressly states that ‘‘Con- manufacturers. At some point we because his full-time job at a newsstand— gress shall make no law abridging the ought to stop saying the Government which pays $13,000 a year—leaves little extra freedom of speech.’’ The CDA flouts is going to make a determination of money after living expenses. If costs rise fur- that prohibition for the sake of polit- what we read and see, the Government ther, he said, ‘‘maybe I can take one semes- ical posturing and in the name of pro- will determine what our children have ter every year.’’ or do not have. Let us encourage the Mr. Mortenson, the analyst of higher edu- tecting our children. Giving full-force cation, said that if financial aid is not in- to the first amendment on-line would technology that empowers parents— creased, one answer for students like Mr. not be a victory for obscenity or child not the government—to make choices Khan may be to take out more loans—an pornography. This would be a victory for about what is best for their chil- often unpalatable option for those unsure for the first amendment and for Amer- dren. they will be able to finish college. ican technology. The CDA is a terribly misguided ef- David Torres, a 35-year-old psychology Let us be emphatically clear that the fort to protect children that instead major at Brooklyn College who lives in people at risk of committing a felony tramples on the free speech rights of Ozone Park, Queens, said he had weighed under the CDA are not child pornog- all Americans who want to enjoy this taking out a loan, now that he has exhausted medium. The Internet censorship law his state tuition assistance. raphers, purveyors of obscene mate- ‘‘But loans terrify me,’’ he said. ‘‘What if I rials or child sex molesters. These peo- takes a blunderbuss approach that puts don’t finish and can’t pay if off? It’s scary.’’ ple can already be prosecuted and all Internet users at risk of commit- Mr. Mortenson has an answer for students should be prosecuted under long- ting a crime. It penalizes with 2-year like Mr. Torres. standing Federal criminal laws that jail terms and large fines anyone who ‘‘What I tell kids,’’ he said, ‘‘is that as prevent the distribution over computer transmits indecent material to a scary as paying for college is, you have to networks of obscene and other porno- minor, or displays or posts indecent go. The only thing more expensive than material in areas where a minor can going to college is not going to college.’’ graphic materials harmful to minors, under 18 U.S.C. sections 1465, 2252, and see it. By criminalizing what is vague- By Mr. LEAHY (for himself, Mr. 2423(a); that prohibit the illegal solici- ly referred to as ‘‘indecent’’ speech, FEINGOLD, and Mr. JEFFORDS): tation of a minor by way of a computer this law imposes far-reaching new Fed- S. 213. A bill to amend section 223 of network, under 18 U.S.C section 2252; eral crimes on Americans for exer- the Communications Act of 1934 to re- and that bar the illegal luring of a cising their free speech rights on-line peal amendments on obscene and minor into sexual activity through and on the Internet. harassing use of telecommunications computer conversations, under 18 U.S.C What strikes some people as indecent facilities made by the Communications section 2423(b). In fact, we recently or patently offensive may look very Decency Act of 1996 and to restore the passed unanimously a new law that different to other people in another provisions of such section on such use sharply increases penalties for people part of the country. Given these dif- in effect before the enactment of the who commit these crimes. ferences, a vague ban on patently of- Communications Decency Act of 1996; There is absolutely no disagreement fensive and indecent communications to the Committee on Commerce, in the Senate about wanting to protect may make us feel good but threatens Science, and Transportation. children from harm. All 100 Senators, to drive off the Internet and computer networks an unimaginable amount of LEGISLATION TO REPEAL THE INTERNET CEN- no matter where they are from, would SORSHIP PROVISIONS OF THE COMMUNICATIONS agree that obscenity and child pornog- valuable political, artistic, scientific, DECENCY ACT raphy should be kept out of the hands health and other speech. Let me give a Mr. LEAHY. Mr. President, I rise to of children and that those who sexually couple of examples of what is at risk. introduce a bill to repeal the Internet exploit children or abuse children A university professor would risk censorship law that the 104th Congress should be vigorously prosecuted. As a prosecution by making available on- hastily passed as part of the new Tele- former prosecutor, I have prosecuted line to a freshman literature class ex- communications Act. I vigorously op- people for abusing children. This is cerpts from certain classics, such as Catcher in the Rye or Of Mice and Men, posed the so-called Communications something where there are no political all of which have been challenged in a Decency Act, along with Senator FEIN- or ideological differences among us. number of communities as indecent for GOLD, as unnecessary, unworkable But that is not the issue before us. In and—most significantly—unconstitu- the heated debate over censoring the minors. Forwarding to a child an on-line tional. Internet, I fear that many Members, version of Seventeen magazine, which So far, every court to consider this who have never used a computer let is a frequently challenged school li- law has agreed with us that the Com- alone surfed the Internet, may have brary material, might violate this law, munications Decency Act flunks the been under the misapprehension that even though children are free to buy constitutionality test. Two separate the Internet is full of sexually explicit the magazine at newsstands. panels of Federal judges in Pennsyl- material. While such material may be An e-mail message from one teenager vania and New York have determined accessible on the Internet, one court to another with certain four-letter that the Internet censorship law serves estimated that ‘‘the percentage of swear words would violate this law. as an unconstitutional ban on constitu- Internet addresses providing sexually Museums with Web sites will think tionally protected indecent speech be- explicit content would be well less than twice before posting images of classic tween and among adults commu- one-tenth of 1 percent of such address- nude paintings or sculptures showing nicating on-line. The first amendment es’’ and that ‘‘as much as 30 percent of sexual organs, that are suspect under to our Constitution will not tolerate the sexually explicit material cur- the new censorship law. this level of governmental intrusion rently available on the Internet origi- On-line discussions about AIDS and into what people say to each other over nates in foreign countries.’’ Shea other sexually transmitted diseases computer networks. The matter is now versus Reno, 930 F. Supp. 916, 931, may be illegal under this new law. No before the Supreme Court, which will S.D.N.Y. 1996. Banning indecent mate- one knows. hear argument on this case in March. rial from the Internet is like using a Advertisements that would be per- We will be ready to pass this bill and meat cleaver to deal with the problems fectly legal in print could subject the repeal the Internet censorship law as better addressed with a scalpel. advertiser to criminal liability if cir- soon as the Supreme Court acts—as I We all want to protect our children culated on-line. am confident they will—to strike down from offensive or indecent online mate- In short, the Internet censorship law the law as unconstitutional. I exhort rials. But we must be careful that the leaves in the hands of the most aggres- the Supreme Court to make clear that means we use to protect our children sive prosecutor in the least tolerant

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S743 community the power to set standards nographers or child abusers. I am one grams that can screen out material for what every other Internet user may of the few people in this body who have which parents find offensive and allow say on-line. sent child abusers to prison. Whenever a parent to know where a child has In bookstores and on library shelves, I had somebody who was involved in gone on the Internet and allow parents the protections of the first amendment child molestation or abusing when I to make this decision—just as when my are clear. The courts are unwavering in was the prosecutor, I prosecuted this as children were growing up before the the protection of indecent speech. Al- a top priority in my office and sought Internet, I would say, ‘‘I know you can tering the protections of the first the strongest penalties possible. Every- go to such and such a bookstore and amendment for online communications one, whether parents or grandparents, buy this or that magazine but your could cripple this new mode of commu- would do everything possible to stop mother and I prefer you do not. And let nication. anybody from abusing our children. As us instead give you some ideas of bet- The Internet is an American tech- parents, we would take the responsi- ter things to read,’’ and work with nology that has swept around the bility to make sure that our children them. world. As its popularity has grown, so are protected from offensive or inde- Technology will allow parents to do have efforts to censor it in Germany, in cent material, whether it is online, or that. It will allow them to block out China, in Singapore, and other coun- the Internet, or elsewhere. offensive material. But perhaps more tries. We should be leading the efforts But, unfortunately, no matter what importantly when their children be- to keep the Internet uncensored, and every single one of us feel, Republicans come computer literate—something taking the high ground to champion or Democrats, or no matter where we that those of our age may not be able first amendment freedoms. Instead, are from, the CDA is a terribly mis- to do—allow parents to work with their however, the Communications Decency guided effort to protect children that children and find out how the Internet Act tramples on the principles of free instead tramples on the free speech of works and find out about the tremen- speech and free flow of information all Americans who want to use the dous things available from the Smith- that has fueled the growth of this me- Internet. It takes a blunderbuss ap- sonian, the Library of Congress, the dium. proach. It puts all Internet users at Vatican museum, the sports pages, Let us get this new unconstitutional risk of committing a crime. It penal- computer games, information from law off the books as soon as possible. izes by a 2-year jail term and large major magazines and writers—and This bill would repeal the provisions of fines anyone who transmits indecent things that are sometimes junkie and Communications Decency Act that re- material to a minor, or places or posts frivolous but harmless nonetheless. sult in a ban of constitutionally pro- indecent material in areas where a tected on-line speech, and simply re- minor might see it—not whether they That is what we should do and not be stores the provisions of section 223 of do or not but they might. in the position of putting the heavy the Communications Act of 1934 in ef- What this means is a university pro- hand of Government censorship on fect before passage of the CDA. fessor risks prosecution by making something that is so quintessentially Mr. President, in the last Congress available online to a freshman lit- American as the Internet, which has this body and the other body passed a erature class excerpts from Catcher in shown the genius of what we are able piece of legislation called the Commu- the Rye, or Of Mice and Men—all of to do in this country and how we are nications Decency Act. It was done I which have been challenged in commu- able now to bring it to all other coun- believe because many felt a concern nities as indecent for minors. Or for- tries around the world. This happened about what might be seen by children warding to a child online a version of because—and very specifically be- on the Internet. Unfortunately—and I Seventeen magazine might violate the cause—the Government stepped out of said this at the time on the floor—the law, even though any child could buy the picture and allowed the genius of bill is overly broad. It stepped into the that magazine freely at a newsstand. individuals to do it. That means, just first amendment in a way that would E-mail messages from one teenager to like the publishing of newspapers, mag- not have been done with anything else. another using some four-letter words azines and everything else, that you We would not have gone down the violates the law. Museums for web sites get a certain amount of junk that gets road of trampling on the first amend- are going to think twice before posting in there. Most of us can pretty well de- ment and say that we would have to images of something like cide what is junk and what is not. We close down all magazine stores because Michelangelo’s David because showing discard that, and we go on to the best. they might sell a magazine, which sexual organs would be specifically ex- We can do this. while acceptable to adults might be ob- cluded under this law. Online discus- So I summit, Mr. President, on behalf jectionable to children. We would never sions about sexually transmitted dis- of myself, Mr. FEINGOLD, and Mr. JEF- say that we would close every library eases could be illegal. Advertisements FORDS, legislation as I said, to repeal in the country, including the Library that would be illegal in print could be the Internet censorship provisions of of Congress, because it may have books illegal here. the Communications Decency Act, and there that while acceptable to all So it is because of that, because it simply restore the law in effect before adults might not be acceptable to chil- went so far, that the courts have we banned constitutionally protected dren. And we would never pass a law to looked at this and have unanimously on-line speech. I ask unanimous con- close down a publishing house because struck it down. They have said that it sent that it be appropriately referred. it published books that might be ac- is unconstitutional. Multijudge panels Mr. President, I ask unanimous con- ceptable to adults but unacceptable to in Philadelphia and New York City sent that the text of the bill be printed children. came unanimously to that view, and it in the RECORD. But basically that is what we said we is now before the U.S. Supreme Court. would do with the Internet. We said Experts from the right to the left There being no objection, the bill was that even though the Internet may be that I have spoken with on constitu- ordered to be printed in the RECORD, as providing something that is acceptable tional law predict that the Supreme follows: to adults, we would basically close Court will uphold the unanimous deci- S. 213 down large segments of it with crimi- sion of the lower Federal court and find nal penalties because it might have it unconstitutional. Be it enacted by the Senate and House of rep- something unacceptable to children. So I am going to introduce a bill to resentatives of the United States of America in The first amendment to our Con- repeal the Internet censorship parts of Congress assembled, stitution says that Congress shall the Communications Decency Act, and SECTION 1. REPEAL OF PROVISIONS ON OB- make no law abridging the freedom of I will do this along with Senator FEIN- SCENE AND HARASSING USE OF TELECOMMUNICATIONS FACILITIES speech. And what the CDA, or the Com- GOLD because the law is unnecessary, ENACTED BY COMMUNICATIONS DE- munications Decency Act, did was to unworkable, and, most significantly, CENCY ACT OF 1996. go way beyond what we believe the unconstitutional. There are better Section 223 of the Communications Act of first amendment stands for. I do not in ways of doing this. Let us work with 1934 (47 U.S.C. 223) is amended by striking any way hold any brief for child por- computer software producers on pro- subsections (a) and (d) through (h).

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S744 CONGRESSIONAL RECORD — SENATE January 28, 1997 SEC. 2. RESTORATION OF PROVISIONS ON OB- terest in restricting speech and the re- to harm them using the Internet, and SCENE AND HARASSING USE OF striction is applied in the least restric- it may actually impede the develop- TELECOMMUNICATIONS FACILITIES IN EFFECT BEFORE COMMUNICA- tive means. It is predominantly the na- ment of more sophisticated screening TIONS DECENCY ACT OF 1996. ture of the medium which determines software in the marketplace. When Section 223 of the Communications Act of whether or not a criminal prohibition Congress passed the CDA, there already 1934 (47 U.S.C. 223), as amended by section 1 on speech is the least restrictive means existed filtering software which gave of this Act, is further amended by inserting of meeting a compelling Government parents the ability to filter out objec- before subsection (b) the following new sub- interest. in the case of a radio or tele- tionable content such as indecency, vi- section (a): olence, adult topics etc. The passage of ‘‘(a) Whoever— vision, the fact that a child might sim- ‘‘(1) in the District of Columbia or in inter- ply turn on a station and hear offensive the CDA necessarily will reduce de- state or foreign communications by means of material provides a basis for allowing mand for such software products, telephone— an arguably tighter restriction on inde- which are effective in preventing chil- ‘‘(A) makes any comment, request, sugges- cent speech. Restraints upon news- dren’s access to such content. The CDA tion or proposal which is obscene, lewd, las- papers and other print media, which merely provides parents with a false civious, filthy, or indecent; sense of security that the Federal Gov- ‘‘(B) makes a telephone call, whether or are inherently noninvasive, have been very limited. ernment will somehow protect their not conversation ensues, without disclosing children, so they no longer have to his identity and with intent to annoy, abuse, While the Net bears some similarities threaten, or harass any person at the called to both media, it is a unique and ever- worry about the Internet themselves. And that is the irony, Mr. President. number; changing communications medium. The CDA is simply not capable of pro- ‘‘(C) makes or causes the telephone of an- One can be a speaker, a publisher and a tecting children on the Internet. Much other repeatedly or continuously to ring, listener using the Internet. Currently, Internet content originates on foreign with intent to harass any person at the anyone with the know-how and the called number; or soil, making effective enforcement of proper hardware and software can set ‘‘(D) makes repeated telephone calls, dur- the CDA impossible. Furthermore, the up a Web page, become a de facto pub- ing which conversation ensues, solely to har- dissemination of materials which we ass any person at the called number; or lisher, making information available all agree are most harmful to chil- ‘‘(2) knowingly permits any telephone fa- to others at little cost to oneself or the cility under his control to be used for any dren—obscenity and child pornog- consumer of that information. One can raphy—is already illegal on the Inter- purpose prohibited by this section, also post a message to an Internet shall be fined not more than $50,000 or im- net and subject to hefty criminal sanc- newsgroup, an informal and often tions. We should put our law enforce- prisoned not more than six months, or unmoderated information sharing both.’’. ment resources into aggressively pros- forum, which can then be ready by any- ecuting these criminal violations and Mr. FEINGOLD. Mr. President, I am one accessing that newsgroup. pleased to join the Senator from recognize that the Internet is merely The promise of the Internet is its free another tool used by those seeking to Vermont [Mr. LEAHY] in introducing flow of information across vast phys- this legislation to repeal the Commu- harm our children. We must prosecute ical distances and boundaries to any- the crime, not demonize the medium nications Decency Act [CDA]. I believe one with access to a computer and an Congress made a grave mistake in en- used by the criminal. Internet connection. The threat of the Mr. President, it is time to repeal the acting the CDA and it is time to cor- Communications Decency Act is its un- Communications Decency Act—an un- rect it. deniable ability to stifle this free-flow- constitutional statute that fails to pro- Congress passed the CDA without ing speech on the Net. Mr. President, tect children. We owe that to all Amer- taking the time to fully examine its that threat exists because Congress icans and most important, we owe it to ability to protest children and its ef- failed to recognize the danger of apply- this country’s children. fect on the free speech rights of Ameri- ing an overly broad indecency standard cans. As a result, the CDA has been the to a technology with the characteris- By Mr. AKAKA (for himself, Mr. subject of a court challenge since the tics of the Internet. INOUYE and Mr. GLENN): day it was signed into law. Last June, Out of fear of prosecution, the vague- S. 214. A bill to amend the Robert T. a three-judge Federal panel granted a ness of the indecency standard, and an Stafford Disaster Relief and Emer- preliminary injunction against the inability to control the age of those gency Assistance Act to combat fraud Federal enforcement of key provisions who might ultimately see the informa- and price-gouging committed in con- of the CDA finding them unconstitu- tion, speakers on the Net will become nection with the provision of consumer tional. The Supreme Court will hear silent. Those offering commercial ac- goods and services for the cleanup, re- oral arguments in the first amendment cess to the Internet will be required to pair, and recovery from the effects of a challenge to the CDA on March 19, 1997. restrict access to speech in order to major disaster declared by the Presi- The Communications Decency Act, protect themselves from criminal pros- dent, and for other purposes; to the enacted as part of the Telecommuni- ecution. Committee on Environment and Public cations Act of 1996, subjected anyone Last year, a panel of three Federal Works. who transmitted indecent material to judges came to the same conclusion: THE DISASTER VICTIMS CRIME PREVENTION ACT minors over the Internet to criminal this statute cannot be enforced with- OF 1997 sanctions. The commonly accepted def- out violating the Constitution. The Mr. AKAKA. Mr. President, today I inition of ‘‘indecency’’ includes mild Court stated: am introducing the Disaster Victims profanity. . . . the Internet may fairly be regarded as Crime Prevention Act of 1997, on behalf I strongly opposed the CDA not only a never-ending worldwide conversation. The of myself, Senator INOUYE, and Senator because I believe it violates our con- Government may not, through the CDA, in- GLENN to combat fraud against victims stitutionally guaranteed right to free terrupt that conversation. As the most of Federal disasters. Like similar legis- speech, but also because I feel strongly participatory form of mass speech yet devel- lation I introduced in the 103d and that it fails to truly protect children oped, the Internet deserves the highest pro- 104th Congresses, this measure would from those who might seek to harm tection from government intrusion. make it a Federal crime to defraud per- them. I believe the Federal Court came to sons through the sale of materials or The fundamental error of CDA pro- this conclusion because the judges took services for cleanup, repair, and recov- ponents was their attempt to apply the time to study and understand the ery following a federally declared dis- decades-old broadcasting standards to characteristics of the Net before rush- aster. an emerging technology that defies ing to judgement—something Congress We are all aware of the tremendous categorization—the Internet. While the failed to do. costs incurred during a natural dis- Supreme Court has allowed speech re- It is time to undo that mistake by re- aster. California is recovering from the strictions for broadcast media, it has pealing the Communications Decency devastating floods that have caused made clear that such restrictions do Act. Not only does the CDA infringe on nearly $1.6 billion in damage and has not violate the first amendment only if free speech rights of adults, it does not made 42 of the State’s 58 counties eligi- there is a compelling Government in- protect children from those who seek ble for disaster assistance. Just before

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S745 the dams and levees in California over- to take money fraudulently from a dis- in past Congresses. I introduce this bill flowed, the Pacific Northwest was hit aster victim and fail to provide the again today because I firmly believe with violent storms, and recently Min- agreed-upon material or service for the that deposit laws are a common sense, nesota, North Dakota and South Da- cleanup, repair, and recovery. proven method to increase recycling, kota have been declared Federal dis- The Stafford Act also fails to address save energy, create jobs, and decrease aster areas, as have 13 counties in price gouging. Although it is the re- the generation of waste and prolifera- Idaho and four in Nevada. sponsibility of the States to impose re- tion of overflowing landfills. During the 1990’s, a number of deadly strictions on price increases prior to a The experience of 10 States, including natural disasters have occurred Federal disaster declaration, Federal Vermont, attest to the success of a de- throughout the United States and its penalties for price gouging should be posit law or bottle bill as it is com- territories including hurricanes, floods, imposed once a Federal disaster has monly called. Recycling rates of well earthquakes, tornadoes, wild fires, been declared. I am pleased to incor- over 70 percent have been achieved for mudslides, and blizzards. Many were porate in this measure an initiative beverage containers in bottle bill declared Federal natural disasters like Senator GLENN began following Hurri- States. The rate is over 90 percent in Hurricane Iniki, which in 1993 leveled cane Andrew to combat price gouging Vermont. To put this in perspective, the island of Kauai in Hawaii causing and excessive pricing of goods and serv- consider this: 30 percent of Americans $1.6 billion in damage and Hurricane ices. Fortunately, citizens in Hawaii who live in bottle bill States account Andrew which devastated southern were spared spiraling cost increases for over 80 percent of beverage con- Florida. after Hurricane Iniki because the State tainer recycling in this country. Through instant, onscreen media government acted swiftly to counter- coverage, the Nation has had ringside act attempts at price gouging by insti- The concept of a national bottle bill seats to the destruction caused by tuting price and rent freezes. is simple: To provide the consumer these catastrophic events. We sympa- There already is tremendous coopera- with an incentive to return the con- thetically watch television as families tion among the various State and local tainer for reuse or recycling. Con- sift through the debris of their lives offices that deal with fraud and consumers pay a nominal cost per bottle and as men and women assess the loss sumer protection issues, and it is quite when purchasing a beverage and are re- of their businesses. We witness the con- common for these fine men and women funded their money when they bring cern of others, such as Red Cross vol- to lend their expertise to their col- the bottle back either to a retailer or unteers passing out blankets and food leagues from out-of-State during a nat- redemption center. Retailers are paid a and citizens traveling hundreds of ural disaster. This exchange of experi- fee for their participation in the pro- miles to help rebuild strangers’ homes. ences and practical solutions has cre- gram, and any unclaimed deposits are Despite the outpouring of public sup- ated a strong support network. used to finance State environmental port that follows these catastrophes, However, a Federal remedy is needed programs. there are unscrupulous individuals who to assist States when a disaster occurs. Under my proposal, a 10-cent deposit prey on trusting and unsuspecting vic- There should be a broader enforcement on beer, water, and soft-drink con- tims, whose immediate concerns are system to help overburdened State and tainers would take effect in States applying for disaster assistance, seek- local governments during a time of dis- which have beverage container recov- ing temporary shelter, and dealing aster. The Federal Government is in a ery rates of less than 70 percent, the with the rebuilding of their lives. position to ensure that residents with- minimum recovery rate achieved by The Disaster Victims Crime Preven- in a federally declared disaster area do existing bottle bill States. Labels tion Act of 1997 would criminalize some not fall victim to fraud. Federal agen- showing the deposit value would be af- of the activities undertaken by these cies should assist localities to provide fixed to containers, and retailers would unprincipled people whose sole intent such a support system. is to defraud hard-working men and In addition to making disaster-re- receive a 2-cent fee per container for women. This legislation will make it a lated fraud a Federal crime, this bill their participation in the program. Federal crime to defraud persons would also require the Director of the We are constantly reminded of the through the sale of materials or serv- Federal Emergency Management Agen- growing problem of excess waste as we ices for cleanup, repair, and recovery cy to develop public information mate- hear news reports of waste washing up following a federally declared disaster. rials to advise disaster victims about on our Nation’s beaches, pitched bat- Every disaster has examples of indi- ways to detect and avoid fraud. I have tles over the siting of landfills and viduals who are victimized twice—first seen a number of antifraud materials communities lacking adequate waste by the disaster and later by uncon- prepared by State consumer protection disposal facilities. Our country’s solid scionable price hikes and fraudulent offices and believe this section would waste problems are very real, and they contractors. In the wake of the 1993 assist States to disseminate antifraud- will continue to haunt us until we take Midwest flooding, Iowa officials found related material following the declara- action. The throw-away ethic that has that some vendors raised the price of tion of a disaster by the President. emerged in this country is not insur- portable toilets from $60 a month to $60 I look forward to working with my mountable, and recycling is part of the a day. In other flood-hit areas, carpet colleagues to pass legislation that solution. cleaners hiked their prices to $350 per sends a clear message to anyone think- Finally, a national bottle bill serves hour, while telemarketers set up tele- ing of defrauding a disaster victim or a much greater purpose than merely phone banks to solicit funds for phony raising prices unnecessarily on every- cleaning up littered highways. Recy- flood-related charities. day commodities during a natural dis- cling creates jobs, saves energy, and Nor will television viewers forget the aster.∑ scenes of beleaguered south Floridians preserves our Nation’s precious natural buying generators, plastic sheeting, By Mr. JEFFORDS: resources. In fact, the demand for recy- and bottled water at outrageous prices S. 215. A bill to amend the Solid cled glass and aluminum has grown to in the aftermath of Hurricane Andrew. Waste Disposal Act to require a refund such a point that the Chicago Board of After Hurricane Iniki devastated the value for certain beverage containers, Trade now sells futures in these mate- island of Kauai, a contractor promising to provide resources for State pollution rials. Recycling makes good business quick home repair took disaster bene- prevention and recycling programs, sense. fits from numerous homeowners and and for other purposes; to the Com- The legislation I introduce today is fled the area without completing prom- mittee on Commerce, Science, and consistent with our Nation’s solid ised construction. These fraud victims Transportation, waste management objectives. A na- have yet to find relief. THE NATIONAL BEVERAGE CONTAINER REUSE tional bottle bill would reduce solid While the Stafford Natural Disaster AND RECYCLING ACT OF 1997 waste and litter, save natural resources Act currently provides for civil and Mr. JEFFORDS. Mr. President, I in- and energy, and create a much needed criminal penalties for the misuse of troduce the National Beverage Con- partnership between consumers, indus- disaster funds, it fails to address container Reuse and Recycling Act of 1997. try, and local governments. I urge my tractor fraud. To fill this gap, our leg- This bill is identical to legislation that colleagues to support this important islation would make it a Federal crime Senator Hatfield and I have introduced legislation.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S746 CONGRESSIONAL RECORD — SENATE January 28, 1997 By Mr. JEFFORDS (for himself, gram. We must continue our effort to hope of receiving help during the crit- Mr. FRIST, and Mrs. reach our full Federal commitment. ical early years of development; chil- HUTCHISON): After 22 years, I think it is appro- dren with disabilities who went to S. 216. A bill to amend the Individ- priate to thoroughly review the admin- school were segregated in buildings uals With Disabilities Education Act to istrative and fiscal demands that are away from their siblings and peers; and authorize appropriations for fiscal associated with providing a free appro- many young people with disabilities years 1998 through 2002, and for other priate education to children with dis- were destined to spend their lives in in- purposes; to the Committee on Labor abilities. The population of students stitutions. and Human Resources. demanding assistance has changed sig- Young people with less-obvious dis- THE INDIVIDUALS WITH DISABILITIES EDUCATION nificantly, but the law has not pro- abilities, like learning disabilities and ACT AMENDMENTS OF 1997 vided enough flexibility to States to attention deficit disorder, were denied Mr. JEFFORDS. Mr. President, with meet those changing demands. access to public education because they my colleague, Senator FRIST, I am in- The writing is on the wall. If we do were considered too disruptive or un- troducing the Individuals With Disabil- not make needed changes to IDEA now, ruly. These children tended to grow up ities Education Act Amendments of based on common sense, school dis- on the streets and at home with no 1997. This legislation is identical to S. tricts and parents will increasingly consistent access to an appropriate 1578, which was reported out of the turn to the courts to get the answers. education. Labor and Human Resources Com- School districts will do so in hope of mittee in the last Congress. Senator getting relief from or clarification of Today, infants and toddlers with disabilities receive early intervention FRIST did a tremendous job in assist- their responsibilities. The parents will ing, getting that prepared and passed do so in hope of procuring the services services; many children with disabil- out of committee. Unfortunately, the that they believe their child needs. ities attend school together with chil- bill did not pass in the last legislative Since the genesis of IDEA lay in avoid- dren without disabilities; and many session. ing litigation, true to its intent to do young people with disabilities learn We are introducing this legislation so today, we have an opportunity, study skills, life skills and work skills today so everyone will have a common through the reauthorization of IDEA, that will allow them to be more inde- frame of reference. However, I want to to ensure the emphasis will shift once pendent and productive adults. make it very clear to my colleagues in again and remain on educating chil- Children without disabilities are the Senate and to my colleagues and dren, well into the next century. learning first hand that disability is a friends within the education and dis- If we work together, we have the natural part of the human experience, ability community across the Nation power to ease the pressure on local and they are benefiting from individ- that this legislation is not perfect and communities and States. Through the ualized education techniques and strat- it can and will be improved. This is the reauthorization of IDEA, we have the egies developed by the Nation’s special beginning of the process, not the end. power to give educators incentives and educators. I am well aware that there are still opportunities to educate children with Children with disabilities are now issues to be resolved and I intend to disabilities, including those at risk of much more likely to be valued mem- work with my colleagues to examine failing, with less bureaucracy and bers of school communities, and the these issues and to move forward with meaningful accountability. Let us do it Nation can look forward to a day when revisions to this important law that now. the children with disabilities currently are commonsense solutions to issues Mr. FRIST. Mr. President, the Indi- in school will be productive members which are very real at the local school viduals with Disabilities Education of our community. level. Act, commonly known as IDEA, is a As a nation, we have come to see our We are aided in this effort by the ma- civil rights law that ensures that chil- citizens with disabilities as contrib- jority leader, who is committed to dren with disabilities have access to a uting members of society, not as vic- helping us achieve the broadest based free appropriate public education. This tims to be pitied. consensus on a final project, one that 22-year-old law has been a great suc- has the support of families of children cess. As a nation, we have begun to see with disabilities and educators, but During the 104th Congress, I served as that those of us who happen to have also of all Members of Congress and the Chairman of the Subcommittee on Dis- disabilities also have gifts to share, President. We have set an ambitious ability Policy. In that capacity, I and are active participants in Amer- schedule for completing our work on worked extensively on a bipartisan, ican society who must have opportuni- IDEA, and by introducing the IDEA common sense approach to reauthor- ties to learn. Amendments of 1997 today, we are tak- izing this vital law, but time ran out While there is no doubt that the Na- ing a very important first step. before the full Senate could vote on tion is accomplishing its goals to pro- IDEA was originally enacted in 1975. this comprehensive bill. vide a free, appropriate public edu- I was a Member of the House at the Today, Senator JEFFORDS and I are cation to children with disabilities, time, and participated in the develop- picking up where we left off by intro- many challenges remain, and we have ment of this landmark law. It was a reducing the Individuals with Disabil- made an effort to deal with them in the sponse to court decisions that created ities Education Act Amendments of IDEA Amendments of 1997. a patchwork of legal standings, which 1997. The IDEA Amendments of 1997, IDEA was originally enacted by the in turn generated considerable uncer- which will serve as the starting point, 94th Congress as a set of consistent tainty about rights and responsibil- is the very bill that I introduced last rules to help States provide equal ac- ities. IDEA guaranteed each child with year and that was passed unanimously cess to a free appropriate public edu- a disability access to a free, appro- by the Labor and Human Resources cation to children with disabilities. priate public education, and we all sup- Committee on March 21, 1996. But over the years, that initial need to port that goal. In that sense, the legis- We are introducing the IDEA Amend- provide consistent guidelines to the lation has clearly stood the test of ments of 1997 not because the law is States has sometimes been misinter- time. But it has not in terms of the failing, but because it is succeeding. preted as a license to write burdensome These amendments reflect the rec- level of funding support that we prom- compliance requirements. ised to the States to assist them in ognition that our Nation’s schools are meeting their obligation to educate moving past the initial challenge of The IDEA Amendments of 1997 ad- children with disabilities. how to educate children with disabil- dress these problems. These amend- In IDEA, Congress promised to con- ities to today’s challenge of how to ments give educators the flexibility tribute 40 percent of the cost of edu- educate children with disabilities so and the tools they need to achieve re- cating children with disabilities. Our that they may become productive, sults and ease the paperwork burden colleague, Senator GREGG, has kept our independent citizens. The IDEA that has kept teachers from spending feet to the fire, reminding us that we Amendments of 1997 will help the Na- the maximum time teaching. should keep our promise. In last year’s tion’s schools succeed in that. By shifting the emphasis of IDEA to appropriations measure we were able to Twenty-two years ago, before IDEA, helping schools help children with dis- garner large increases for this pro- a newborn with a disability had little abilities achieve educational results,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S747 we are able to reduce many of the most cation communities during the upcom- or a pension; died in a veterans hos- burdensome administrative require- ing reauthorization effort. pital; was indigent and the body was ments currently imposed on States and Together we have the opportunity to unclaimed; or was discharged from the local school districts. bring common sense improvements to military due to a disability. The IDEA Amendments of 1997 IDEA, improving the law and opportu- In other words, we ask States to bury streamline planning and implementa- nities for children with disabilities. all veterans eligible for burial in a nation requirements for local school dis- Mr. JEFFORDS. Mr. President, I tional cemetery—but then we do not fi- tricts and States. In assessment and thank the Senator from Tennessee for nancially help them when they do. classification, these amendments all the work he has done. He deserves, And, States are not even being reim- would allow schools to shift emphasis and should get, accolades and helpful bursed for all wartime veterans that from generating data dictated by bu- attention to this bill, because we do they bury. Let me repeat that. States reaucratic needs to gathering relevant need help in making sure it gets into are not being reimbursed for all war- information that is needed to teach a law. But the work he did last year has time veterans that are buried in State- child. been incredibly helpful. It moves us a owned veterans cemeteries. I mention These amendments also give schools long way toward that goal. that, Mr. President, because some peo- and school boards more control over ple have characterized this bill as an how they use special purpose funds to By Mr. BIDEN: attempt to provide the plot allowance provide training, research and informa- S. 217. A bill to amend title 38, to States for the burial of nonwartime tion dissemination. We want to encour- United States Code, to provide for the veterans, and an attempt to give a ben- age every school in America to create payment to States of plot allowances efit intended for those who fought in programs that best serve the needs of for certain veterans eligible for burial wartime to those who did not. That is all of their students, with and without in a national cemetery who are buried simply not the case. disabilities. in cemeteries of such States; to the There are thousands of wartime vet- The IDEA Amendments of 1997 clar- Committee on Veterans’ Affairs. erans who do not meet the current ify that the general education cur- THE VETERANS PLOT ALLOWANCE ACT OF 1997 law’s criteria. In fact, each year, about riculum and standards associated with ∑ Mr. BIDEN. Mr. President, for the 5,000 veterans—many of them wartime that curriculum should be used to third consecutive Congress, I am intro- veterans—are eligible for burial in a teach children with disabilities and to ducing legislation to expand the Fed- national cemetery and are buried with- assess their educational progress. eral Government’s $150 payment to out charge in State-owned veterans Educators at both the local and State States when they bury veterans in cemeteries, but do not meet the cri- levels will use indicators of student State-owned veterans cemeteries. teria set forth in current law for the progress that allow them to track the For those who are not familiar with States to receive the plot allowance. progress of children with disabilities in my proposal, it is quite simple. My bill That is not fair to the States, and it is meaningful ways along with the says that if a State buries a veteran not right for America’s veterans. progress of other children. free of charge in a State-owned ceme- Mr. President, the Congressional In an effort to reduce confrontation tery—and that veteran is eligible for Budget Office has estimated that this and costly litigation, the IDEA Amend- burial in a national veterans ceme- proposal would cost $1 million per year. ments of 1997 require States to offer tery—the Federal Government will pay While we all want to balance the budg- mediation to parents who have a dis- the State $150 for the cost of the plot. et—and this proposal will be paid for— pute over their child’s education. The In other words, Mr. President, rather $1 million per year is a relatively small amendments also address the serious than the multiple and restricted cri- sum in order to fulfill our commitment issue of disciplining children with dis- teria of plot allowance payments to to America’s veterans. abilities who break school rules that States under current law, there would In 1995, the Senate recognized this in apply to all children. instead be only one standard in judging unanimously approving this proposal By providing fair and balanced guide- whether a State receives assistance as an amendment to the budget bill. lines to help schools discipline students from the Federal Government. And, Whether this bill is voted on separately with disabilities, the amendments en- that standard is: Is the veteran eligible or as part of another measure, it does sure that all children in our public for burial in a national cemetery? Pe- not matter. What matters is that we schools are given the opportunity to riod. work to ensure that America’s vet- learn in a safe environment. Not only is it simple, it is the only erans are guaranteed a decent and dig- By preserving the right of children thing that makes sense and the only nified burial. with disabilities to a free appropriate thing that is fair. When the plot allow- I encourage my colleagues to join me public education, by providing school ance for States was first established a in this effort.∑ districts with new degrees of proce- decade ago, Congress did it in part to dural, fiscal, and administrative flexi- relieve the pressure on the national By Mr. BIDEN: bility, and by promoting the consider- cemetery system. Our national ceme- S. 218. A bill to invest in the future ation of children with disabilities in teries were filling up rapidly. That American work force and to ensure actions to reform schools and make trend continues today. More than half that all Americans have access to high- them accountable for student progress, of all national cemeteries are closed to er education by providing tax relief for IDEA will remain a viable, useful law additional burials, and there is no investment in a college education and that will provide guidance well into the where near enough space for all of by encouraging savings for college next century. America’s World War II veterans, let costs, and for other purposes; to the The introduction of the Individual alone the veterans from later conflicts. Committee on Finance. with Disabilities Education Amend- So, rather than undertake the expen- THE GET AHEAD ACT ments of 1997 today represents my con- sive process of building more national ∑ Mr. BIDEN. Mr. President, today I tinued commitment to the reauthoriza- cemeteries, we entered into a partner- am reintroducing a comprehensive bill tion of IDEA. I am pleased that the ship with the States for the creation of I first introduced last summer to make substantial work done on the reauthor- State-owned veterans cemeteries. college more affordable for middle- ization of IDEA during the last Con- That partnership has worked well, es- class families. Formally titled the gress will serve as a foundation for our pecially in States like Delaware that ‘‘Growing the Economy for Tomorrow: efforts during this Congress. I recog- do not have a national cemetery to Assuring Higher Education is Afford- nize that there is still much debate to begin with. But, after entering into able and Dependable’’ Act, it is known come, and much hard work to be done this partnership, the Federal Govern- as the Get Ahead Act for short. before we successfully strengthen and ment then limited for whom it would This legislation contains numerous extend this vital law into the 21st cen- reimburse States for the cost of the provisions—some of which have been or tury. I look forward to working with plot. We said that States would receive will be introduced by others as sepa- my Senate colleagues on both sides of the $150 payment only if the veteran rate bills; other provisions are novel to the aisle and the disability and edu- was receiving disability compensation this bill—but they all have one thing in

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S748 CONGRESSIONAL RECORD — SENATE January 28, 1997 common. They all are an attempt to my colleagues know, when an employer THE GET AHEAD ACT renew our commitment to see that the pays part or all of the costs of an em- TITLE I—TAX INCENTIVES FOR HIGHER EDU- American Dream of a college education ployee’s education, that does not have CATION; SUBTITLE A—TAX RELIEF FOR HIGHER remains within reach of all Americans. to be counted as income to the em- EDUCATION COSTS; SECTION 101—DEDUCTION Because, the plain truth is, that ployee for tax purposes. Last year, we FOR HIGHER EDUCATION EXPENSES dream is slipping out of reach for many extended that provision through May An above-the-line tax deduction (available middle-class families. When I was in even to those who do not itemize deductions) 31, 1997. What my bill does is make it a would be allowed for the costs of college tui- college 30 some years ago, my parents permanent part of the Tax Code—so we tion and fees as well as interest on college could send me to a State university for do not have to keep coming back and loans. less than 5 percent of their income. extending it every year or so—and my In the case of tuition costs, beginning in And, it stayed about that much—col- bill ensures that the tax exclusion ap- tax year 2000, the maximum annual deduc- lege costs went up each year by about plies to both undergraduate and grad- tion would be $10,000 per year; a maximum the same amount that the average fam- uate education. Last year, unfortu- deduction of $5,000 would be available in tax ily’s income went up—until 1980. And, years 1997, 1998, and 1999. The full deduction nately in my view, in extending the tax would be available to single taxpayers with then, college costs exploded. Since 1980, exclusion, we applied it only to under- incomes under $70,000 and married couples the cost of public college tuition and graduate education. with incomes under $100,000; a reduced fees has increased nearly three times Second, Mr. President, the Get Ahead (phased-out) deduction would be available to faster than the average family’s in- Act encourages people to save for the those with incomes up to $90,000 (singles) and come. costs of higher education. Specifically, $120,000 (couples). The income thresholds We can debate endlessly the reasons it would allow individuals to withdraw would be indexed annually for inflation. why and who or what is to blame. But, Interest on student loans would be deduct- funds from their Individual Retirement ible beginning with interest payments made all that middle-class families know is Accounts for education expenses—within tax year 1997. Interest payments could be that the costs have skyrocketed, and out incurring a 10-percent penalty tax. deducted on top of the $10,000 deduction for they must constantly worry about how Also, more Americans would be able to payment of college tuition and fees. There they will ever be able to afford to send take advantage of Series EE Savings would be no annual maximum and no income their children to college. Bonds. These are the bonds where you limits with regard to the deductibility of in- For a long time now, Members on do not have to pay tax on the interest terest on student loans. Language is included to coordinate this both sides of the aisle have believed if the money from the bonds is used to that the Federal Government has a tax deduction with other education provi- pay for college tuition. sions of the tax code—to ensure that individ- role and responsibility in helping And, my bill would create Education uals do not receive a double benefit for the Americans get to college. Not to guar- Savings Accounts—accounts similar to same payments. Specifically, qualified high- antee that everyone in America goes to IRA’s. Each year, families could put er education expenses that could be tax de- college, but to guarantee that no one tax free up to $2,000 per child into an ductible would be reduced by any payments who qualifies for college is turned away ESA for their children. That money made from Series EE savings bonds (and ex- just because they cannot afford it. It is cluded from taxable income), any veterans would accumulate tax free—and you educational assistance provided by the fed- important for individual Americans— would never have to pay taxes on it if and it is important for the future of eral government, and any other payments the money was used to pay for college. from tax-exempt sources (e.g. employer-pro- America as a whole. Finally, Mr. President, the Get vided educational assistance). Also, tax-free But, I think it is legitimate to ques- Ahead Act would award merit scholar- scholarships and tax-excluded funds from tion that commitment today when ships to all students who graduate in Education Savings Accounts (see section 112) costs are rising out of control; when we the top 5 percent of their class. While would first be attributed to room and board spend more on loans that have to be re- costs; the remainder, if any, would count the $1,000 scholarship would cover paid and less on grants that do not; and against tuition and fees and would reduce about two-thirds of the cost of a com- when the tax law rewards investment the amount that would be tax deductible. munity college, I realize this is not a in machines but not investment in peo- However, if tuition and fees still exceeded large sum of money for someone at- $10,000 even after the reductions, the full tax ple. tending a 4-year institution, especially deduction would be available. It is time, Mr. President, to renew if it is a private college. But, it could SECTION 102—EXCLUSION FOR SCHOLARSHIPS and reaffirm our commitment to high- make a difference for many students, AND FELLOWSHIPS er education. And, so, I offer the Get and I believe that, regardless, it is im- College scholarships and fellowship grants Ahead Act, and I invite my colleagues portant that we start to reward stu- would not be considered income for the pur- to join me in this effort. dents who meet high academic stand- poses of federal income taxes. This returns Let me take just a few minutes to re- ards. the tax treatment of scholarships and fellow- view what this bill would do. And, I ask ships to their treatment prior to the 1986 Tax that a much more detailed summary of There is one provision not in the bill Reform Act (which limited the exclusion of the bill be included in the RECORD at that was in last year’s bill. Last year, scholarships and fellowships to that used for the conclusion of my remarks. I included a section clarifying the Fed- tuition and fees). eral tax treatment of State prepaid tui- Scholarships and fellowship grants would First, the Get Ahead Act provides di- be fully excludable for degree candidates. In rect tax relief for the costs of higher tion plans. Similar provisions were enacted last year as part of the minimum the case of non-degree candidates, individ- education. This is accomplished by cre- uals would be eligible for a lifetime exclu- ating a $10,000 tax deduction for college wage bill, and therefore I did not need sion of $10,800—$300 per month for a max- tuition and fees as well as the interest to include them in this year’s bill. imum 36 months. on student loans. We currently give tax Mr. President, the Get Ahead Act is Language is included to clarify that fed- breaks to businesses for investment in aimed at seeing that individual Ameri- eral grants for higher education that are cans have the opportunity to get conditioned on future service (such as Na- the future—in research and develop- tional Health Service Corps grants for med- ment and in the purchase of new plant ahead. In today’s economy, in today’s world, you need a college education to ical students) would still be eligible for tax and equipment. I support that. But, at exclusion. the same time, we do not provide tax do it. And, for those who would criti- This section would be effective beginning relief to middle-class families who in- cize this proposal as a handout to the with scholarships and fellowship grants used vest in their own children’s future middle class, let them ponder what the in tax year 1997. through higher education. We should. future of America will be like if the SECTION 103—PERMANENT EXCLUSION FOR In addition, under the Get Ahead Act, vast masses of the middle class are de- EDUCATIONAL ASSISTANCE all scholarships, including that used nied a college education. As part of the minimum wage/small busi- for room and board, would be excluded Mr. President, I ask unanimous con- ness tax relief bill enacted in 1996, the tax sent that additional material be print- exclusion for employer-provided educational from taxable income, as was the case assistance was reinstated retroactively and ed in the RECORD. prior to the 1986 Tax Reform Act. extended through May 31, 1997. But, as of And, the tax exclusion for employer- There being no objection, the mate- July 1, 1996, the tax exclusion only applies to provided educational assistance would rial was ordered to be printed in the educational assistance for undergraduate be extended and made permanent. As RECORD, as follows: education.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S749 This section would extend the employer- SECTION 113—INCREASE IN INCOME LIMITS FOR the rest of the economy as well. Ac- provided educational assistance tax exclu- SAVINGS BOND EXCLUSION cording to the U.S. Department of Ag- sion by making it a permanent part of the For taxpayers with incomes below certain riculture, each dollar generated by ag- tax code. In addition, it would retroactively thresholds, the interest earned on Series EE ricultural exports stimulates another reinstate the tax exclusion for graduate edu- U.S. Savings Bonds are not considered tax- cation. $1.39 in supporting economic activity able income if the withdrawn funds are used to produce those exports. Nearly every SUBTITLE B—ENCOURAGING SAVINGS FOR HIGH- to pay for higher education tuition and fees. This section increases the income thresholds State exports farm products. ER EDUCATION COSTS; SECTION 111—IRA DIS- Despite the obvious success Amer- TRIBUTIONS USED WITHOUT PENALTY FOR to allow more Americans to use the Series HIGHER EDUCATION EXPENSES EE Savings Bonds for education expenses. ican producers are enjoying in world Effective with tax year 1997, the income markets, a closer look reveals that we Funds could be withdrawn from Individual thresholds would be the same as the income could be doing far better. Judging from Retirement Accounts (IRAs) before age 591⁄2 thresholds for the higher education tax de- without being subject to the 10 percent pen- the annual surveys compiled by the Of- duction (see section 101): $70,000 for single alty tax if the funds were used for higher fice of the U.S. Trade Representative, taxpayers (phased out up to $90,000), and education tuition and fees. (However, with- roughly half of all foreign trade bar- $100,000 for couples (phased out up to drawn funds, if deductible when contributed $120,000). As with the higher education tax riers facing U.S. products are in the ag- to the IRA, would be considered gross in- deduction, these income thresholds would be ricultural sector. This suggests that come for the purposes of federal income indexed annually for inflation. our overall merchandise trade deficit, taxes.) TITLE II—SCHOLARSHIPS FOR ACADEMIC which is estimated to total nearly $170 This section would be effective upon enact- ACHIEVEMENT billion for 1996, could be considerably ment. Beginning with the high school graduating lower if we succeeded in removing SECTION 112—EDUCATION SAVINGS ACCOUNTS class of 1998, the top 5 percent of graduating more of these barriers. This section would create IRA-like ac- seniors at each high school in the United The recent Uruguay round took only counts—known as Education Savings Ac- States would be eligible for a $1000 merit the first, tentative steps toward devis- counts (ESAs)—for the purpose of encour- scholarship. If an individual receiving such a ing effective and fair rules governing aging savings for a college education. scholarship achieved a 3.0 (‘‘B’’) average dur- international agricultural trade. As Each year, a family could invest up to ing his or her first year of college, a second our able negotiators would be the first $1000 scholarship would be awarded. $2000 per child under the age of 19 in an ESA. to acknowledge, we have a long way to For single taxpayers with incomes under However, the merit scholarships would be $70,000 (phased out up to $90,000) and married available only to those students in families go. Although we made significant couples with incomes under $100,000 (phased with income under $70,000 (single) and progress in subjecting export subsidies out up to $120,000), the contributions would $100,000 (couples). These income thresholds to international rules, the Uruguay be tax deductible. (These income thresholds would be increased annually for inflation. round secured only modest commit- would be indexed annually for inflation.) For Funds are authorized (and subject to an- ments by governments to open their all taxpayers, the interest in an ESA would nual appropriations) for five years. The first markets and administer food health accumulate tax free; the contributions would year authorization (fiscal year 1998) is $130 and safety standards fairly. In the long million. In each of the next four years (FY not be subject to the federal gift tax; and, run, the fairness of world trade in agri- the balance in an ESA would not be treated 1999–FY 2002), because the scholarships could as an asset or income for the purposes of de- be renewed for a second year, the authoriza- cultural products will depend on how termining eligibility for federal means-test- tion is $260 million per year. Total five-year aggressively and systematically the ed programs. authorization: $1.17 billion. U.S. Government insists on compliance ESA funds could be withdrawn to meet the TITLE III—DEFICIT NEUTRALITY by foreign governments with their ex- higher education expenses—tuition, fees, To ensure that the ‘‘GET AHEAD’’ Act isting commitments and presses them books, supplies, equipment, and room and does not increase the deficit, this title de- for new ones. board—of the beneficiary. Funds withdrawn clares it the sense of the Senate that the The two bills we introduce today will for other purposes would be subject to a 10 costs of the bill should be paid by closing improve our ability to meet this chal- percent penalty tax and would be considered corporate tax loopholes.∑ lenge both institutionally and with re- income for the purposes of federal income spect to one specific, immediate prob- taxes (to the extent that the funds were tax By Mr. DASCHLE (for himself lem regarding the European Union. deductible when contributed). The penalty and Mr. GRASSLEY): tax would not apply in cases of death or dis- Passage of this legislation will help to ability of the beneficiary of the ESA and in S. 219. A bill to amend the Trade Act assure farmers and their communities cases of unemployment of the contributors. of 1974 to establish procedures for iden- that trade liberalization remains in In addition, when the beneficiary of the ac- tifying countries that deny market ac- their interest as much in practice as in count turns age 30 and is not enrolled in col- cess for value-added agricultural prod- theory. lege at least half time, any funds remaining ucts of the United States; to the Com- THE VALUE-ADDED AGRICULTURAL MARKET in the ESA would be (1) transferred to an- mittee on Finance. ACCESS ACT OF 1997 other ESA; (2) donated to an educational in- VALUE-ADDED AGRICULTURAL PRODUCTS The first bill, the Value-Added Agri- stitution; or (3) refunded to the contributors. MARKET ACCESS ACT OF 1997 In the first two cases, there would be no pen- cultural Market Access Act of 1997, alty tax and the money would not be consid- Mr. DASCHLE. Mr. President, I am would improve our institutional capac- ered taxable income. In the third case, the pleased to introduce today with my ity to set priorities among the vast penalty tax would not apply, but the funds distinguished colleague, Senator array of foreign agricultural trade bar- would be counted as income to the extent GRASSLEY, two important pieces of riers we face and give those priorities that the funds were tax deductible when con- international trade legislation. These the high-level attention they deserve tributed. bills are designed with one very simple, within the executive branch. In so Finally, parent could roll over funds from clear goal in mind: to secure fair trade doing, it would provide our negotiators one child’s ESA to another child’s ESA with- opportunities for America’s highly with an important new tool with which out regard to any taxes, without regard to competitive producers of agricultural the $2000 annual maximum contribution to to increase their leverage in consulta- an ESA, and without regard to the age 30 re- products. tions with foreign governments. quirement note above. Funds rolled over There is no more important sector of The bill would create a ‘‘Special 301’’ would also not be subject to the federal gift the U.S. economy than agriculture as procedure for value-added agricultural tax. far as international trade is concerned. products virtually identical to that Language is also included to allow individ- Last year, the trade surplus in agricul- which currently exists for intellectual uals to designate contributions to an ESA as tural products reached $28.5 billion, the property products. It would require the nondeductible even if such contributions largest of any industry, including air- U.S. Trade Representative [USTR] each could be tax deductible. This gives families craft. This surplus offset to an impor- year to designate as ‘‘priority coun- the option to build up the principal in an tant degree the Nation’s large and per- tries’’ those trading partners having ESA while at a lower tax rate, rather than having to pay taxes on unspent ESA funds sistent deficit in manufactured goods. the most onerous or egregious acts, when the contributors are older and likely in Trade is vitally important to farm- policies, or practices resulting in the a higher tax bracket. ers. Production from more than one- greatest adverse impact—actual or po- Tax deductible contributions to ESAs third of harvested acreage is exported. tential—on U.S. value-added agricul- would be allowed beginning in tax year 1997. Agricultural exports are important to tural products.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S750 CONGRESSIONAL RECORD — SENATE January 28, 1997 The USTR would be required to ini- plants to meet standards that even the impression that the strength of tiate a section 301 investigation within their own producers cannot meet. American agriculture’s future support 30 days after the identification of a pri- These are but a few examples of the for such initiatives will hinge on how ority foreign country with respect to barriers to entry facing U.S. producers well our Government performs in these any act, policy, or practice that was of value-added farm products. The un- areas of our bilateral trade relations. the basis of the identification, unless fortunate result is that our farmers are Indeed, I believe that adroit use by the the USTR determines initiation of the being prevented from realizing their USTR of the procedures established by investigation would be detrimental to full export potential. The Foreign Agri- this bill would enhance our chance of U.S. economic interests and reports the cultural Service estimates that U.S. achieving new multilateral rules for reasons in detail to Congress. The pro- agricultural exports are reduced by $4.7 agriculture in the next negotiating cedural and other requirements of sec- billion annually due to unjustifiable round of the World Trade Organization tion 301 authority would generally sanitary and phytosanitary measures in the same way that creation of ‘‘Spe- apply to these cases with the impor- alone. Imagine the impact on farm in- cial 301’’ by Congress in 1988 created le- tant exception that investigations, and come, rural communities, and the U.S. verage and momentum for our nego- negotiations must be concluded and de- economy if these barriers were re- tiators in the run-up to the adoption of terminations made on whether the moved. intellectual property rules in the Uru- measures are actionable within 6 The Value-Added Agricultural Mar- guay round. months, as opposed to 12 or 18 months ket Access Act of 1997 will bring added for conventional section 301 cases. This focus to this set of issues within the FAIR TRADE IN MEAT AND MEAT PRODUCTS ACT OF 1997 6-month deadline may be extended to 9 trade policymaking machinery of the months if certain criteria are met. U.S. Government. We have a strong The second bill we are introducing USTR may choose not to designate a inter-agency team of trade negotiators today addresses one specific, egregious country as a priority foreign country if and analysts; over the years, through barrier to U.S. value-added agricul- it is entering into good faith negotia- Democratic and Republican adminis- tural exports: the European Union’s tions or making significant progress in trations alike, it has been one of the [EU] continuing refusal to implement a bilateral or multilateral negotiations most efficient operations anywhere in commitment it made in 1992 to treat to provide fair and equitable access to the Federal Government. However, the our food safety and inspection stand- its markets. USTR and its support agencies con- ards as roughly equivalent in effective- According to the Congressional Re- front an almost overwhelming variety ness to their own. This procedural form search Service, agriculture as a whole of demands and challenges. They cur- of protectionism has shut American ex- is the largest positive contributor to rently are deeply involved in several ports of pork and beef out of the Euro- the U.S. trade balance, and exports of very ambitious multilateral trade ne- pean market. The loss of this lucrative value-added products—intermediate gotiations or preparations for them, in- market has contributed to the severe products such as wheat flour, cluding free trade arrangements in the drop in cattle prices in this country feedstuffs, and vegetable oils or con- Western Hemisphere and the Pacific and deprived American pork producers sumer-ready products such as meats— rim, NAFTA expansion, and WTO of an estimated $60 million in sales last have recently become the largest com- agreements on high-technology prod- year. By any objective standard, U.S. ponent of our agricultural trade. In fis- ucts and telecommunications equip- meat products are among the most cal year 1996, these higher value ex- ment and services. competitive in the world and represent ports accounted for $32 billion, or 54 The sheer number and complexity of one of the most promising areas of percent by value, of all such exports. the issues confronting the USTR make growth for American trade. It is no wonder that U.S. value-added priority-setting one of USTR’s most On November 1, 1990, the European agriculture is making such gains. Our important responsibilities. With so Union prohibited imports of U.S. pork farmers have worked hard to increase much attention now on visionary mul- and beef on the grounds that our prod- their value-added production, and they tilateral initiatives, we must take care ucts did not comply with the safety should be proud of what they have ac- not to lose sight of two other practical and inspection requirements of the complished. Unfortunately, they are aspects of trade policy: our bilateral ef- EU’s Third Country Meat Directive being denied the full fruits of their la- forts to improve market access and our [TCD]. The prohibition was imposed de- bors by a varied and complex array of responsibility to ensure that govern- spite the fact that the requirements of market restrictions in many foreign ments comply with the agreements the TCD are largely similar to those al- countries. Notwithstanding the they have already signed with us, be ready mandated by the U.S. Depart- progress made in the Uruguay round, they multilateral or bilateral. These ment of Agriculture. As a result, Amer- many foreign governments maintain two aspects of U.S. trade policy are ican pork and beef exports to the Euro- considerably stricter limits on U.S. particularly important to the agricul- pean Union virtually ceased. products than we do on theirs. In addi- tural community, which, as I have em- Following this action, the industry tion, even as formal barriers fall or be- phasized, is second to none in terms of filed and the Bush administration ac- come more transparent as a result of our international commercial pros- cepted a petition under section 301 of the Uruguay round, new and informal pects. the 1974 Trade Act. After USTR con- trade barriers often take their place. As my colleague, Senator GRASSLEY, These may take the form of arbitrary the distinguished chairman of the Fi- cluded preliminarily that the EU’s ad- sanitary and phytosanitary measures nance Subcommittee on International ministration of the TCD imposed a bur- that ignore sound principles of science Trade, knows well, Congress holds a den and restriction on U.S. commerce, and globally accepted food safety and major share of the responsibility, in- the EU agreed to resolve the dispute in inspection standards. deed prerogative, for setting U.S. trade an exchange of letters that came to be In the past few years alone, United policy. It is explicitly assigned that known as the 1992 Meat Agreement. At States sausages have been denied entry power under article I, section 8 of the the time, U.S. Trade Representative to Korea because the Korean Govern- U.S. Constitution. Our bill would exer- Carla Hills noted that the practices of ment imposed arbitrary and unscien- cise this authority to institutionalize the European Union would have been tific shelf-life standards on imported an appropriate degree of attention on actionable under section 301 absent the sausages; the European Union has agriculture in U.S. trade policy. 1992 agreement and would become so banned U.S. beef treated with natural U.S. agriculture traditionally has again if the European Union violated hormones even though scientists from been one of the strongest of any seg- its terms. Overwhelming evidence now Europe and around the world have de- ment of the economy in its support for indicates that the European Union has clared natural-hormone-treated beef to multilateral trade liberalization, in- done just that. be safe; and, high-value U.S. pork prod- cluding the negotiation of free trade The 1992 Meat Agreement outlined a ucts cannot be exported to Europe be- agreements. Yet, in talking to indi- specific series of steps that American cause European meat inspectors re- vidual farmers in my State as well as producers could take to become eligi- quire U.S. slaughter and packing their national representatives, I have ble for export to the European Union,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S751 and concluded that the inspection sys- plant in the member states of the Eu- SEC. 3. IDENTIFICATION OF COUNTRIES THAT tems of the United States and Euro- ropean Unionropean Union which de- DENY MARKET ACCESS. (a) IDENTIFICATION REQUIRED.—Chapter 8 of pean Union provided ‘‘equivalent safe- sires to ship meat, meat products, title I of the Trade Act of 1974 is amended by guards against public health risks.’’ poultry, or poultry products to the adding at the end the following: The GATT Agreement on Sanitary and United States will have to be inspected ‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT Phytosanitary Measures corroborated by officials of the Food Safety and In- DENY MARKET ACCESS FOR VALUE- this finding and required the European spection Service of the U.S. Depart- ADDED AGRICULTURAL PRODUCTS. Union to treat USDA inspection re- ment of Agriculture and be certified ‘‘(a) IN GENERAL.—Not later than the date that is 30 days after the date on which the quirements as equivalent to its own. before it is eligible to ship to market.’’ annual report is required to be submitted to Five years later, after millions of I am pleased that the administration Congressional committees under section dollars in investment by American pro- is headed in the direction prescribed by 181(b), the United States Trade Representa- ducers to meet the terms of the 1992 our bill. I call on my colleagues to sup- tive (hereafter in this section referred to as Meat Agreement, only a handful of port this legislation as well as the the ‘Trade Representative’) shall identify— American plants have been recertified ‘‘(1) those foreign countries that— value-added agricultural products mar- ‘‘(A) deny fair and equitable market access for export to the European Union. ket access bill as a way to reinforce Plants managers report that inspec- to United States value-added agricultural our Government’s emerging stance on products, or tions for certification have not been this immediate problem and ensure ‘‘(B) apply standards for the importation of conducted in an objective or trans- that similar problems in the future re- value-added agricultural products from the parent manner, and the European ceive the serious and timely attention United States that are not related to public Union has failed to acknowledge they deserve. health concerns or cannot be substantiated changes enacted specifically at its re- by reliable analytical methods; and There being no objection, the bill was quest. The cost of this unjustified ac- ‘‘(2) those foreign countries identified ordered to be printed in the RECORD, as tion has been millions of dollars in lost under paragraph (1) that are determined by follows: the Trade Representative to be priority for- sales to American pork and beef pro- S. 219 eign countries. ducers. ‘‘(b) SPECIAL RULES FOR IDENTIFICATIONS.— The administration has been more Be it enacted by the Senate and House of Rep- ‘‘(1) CRITERIA.—In identifying priority for- than patient with the European Union, resentatives of the United States of America in eign countries under subsection (a)(2), the consulting with its diplomats for many Congress assembled, Trade Representative shall only identify months. In my view, the time for wait- SECTION 1. SHORT TITLE. those foreign countries— ‘‘(A) that engage in or have the most oner- ing has ended. The European Union This Act may be cited as the ‘‘Value-added ous or egregious acts, policies, or practices Agricultural Products Market Access Act of must tear down its walls and give our that deny fair and equitable market access 1997’’. farmers and ranchers the level playing to United States value-added agricultural field they were promised. Indeed, in SEC. 2. FINDINGS; PURPOSES. products, just the last few weeks, the European (a) FINDINGS.—Congress makes the fol- ‘‘(B) whose acts, policies, or practices de- Union has been considering yet another lowing findings: scribed in subparagraph (A) have the great- change in animal product approval pro- (1) The export of value-added agricultural est adverse impact (actual or potential) on cedures that would block an additional products is of vital importance to the econ- the relevant United States products, and $1 billion in agricultural exports to the omy of the United States. ‘‘(C) that are not— ‘‘(i) entering into good faith negotiations, European Union. This action was taken (2) In 1995, agriculture was the largest positive contributor to the United States mer- or despite the fact that the United States chandise trade balance with a trade surplus ‘‘(ii) making significant progress in bilat- has been working in good faith for over of $25,800,000,000. eral or multilateral negotiations, 2 years on a veterinary equivalence (3) The growth of United States value- to provide fair and equitable market access agreement that would accommodate added agricultural exports should continue to United States value-added agricultural European Union concerns. Simply put, to be an important factor in improving the products. it is time to send the European Union United States merchandise trade balance. ‘‘(2) CONSULTATION AND CONSIDERATION RE- a clear message that we will not stand (4) Increasing the volume of value-added QUIREMENTS.—In identifying priority foreign by while they ignore their obligations. agricultural exports will increase farm in- countries under subsection (a)(2), the Trade come in the United States, thereby pro- For this reason, Senator GRASSLEY Representative shall— tecting family farms and contributing to the and I are introducing legislation to re- ‘‘(A) consult with the Secretary of Agri- economic well-being of rural communities in culture and other appropriate officers of the quire the USTR to determine formally the United States. Federal Government, and whether the European Union has vio- (5) Although the United States efficiently ‘‘(B) take into account information from lated its international obligations, produces high-quality value-added agricul- such sources as may be available to the seek prompt initiation of the relevant tural products, United States producers can- Trade Representative and such information international dispute settlement pro- not realize their full export potential be- as may be submitted to the Trade Represent- ceedings, and review our certification cause many foreign countries deny fair and ative by interested persons, including infor- of their meat exporting facilities. This equitable market access to United States ag- mation contained in reports submitted under ricultural products. is a straightforward response to a bla- section 181(b) and petitions submitted under (6) The Foreign Agricultural Service esti- section 302. tant breach of faith on the part of the mates that United States agricultural ex- ‘‘(3) FACTUAL BASIS REQUIREMENT.—The European Union. The bill sends a clear ports are reduced by $4,700,000,000 annually Trade Representative may identify a foreign message that trade is a two-way street, due to unjustifiable imposition of sanitary country under subsection (a)(1) only if the and procedural protectionism is every and phytosanitary measures that deny or Trade Representative finds that there is a bit as unacceptable as traditional mar- limit market access to United States prod- factual basis for the denial of fair and equi- ket barriers like discriminatory quotas ucts. table market access as a result of the viola- and tariffs. (7) The denial of fair and equitable market tion of international law or agreement, or Mr. President, we have consulted access for United States value-added agricul- the existence of barriers, referred to in sub- tural products impedes the ability of United with the USTR and Department of Ag- section (d)(3). States farmers to export their products, ‘‘(4) CONSIDERATION OF HISTORICAL FAC- riculture as we have drafted the legis- thereby harming the economic interests of TORS.—In identifying foreign countries under lation, and I am pleased to inform my the United States. paragraphs (1) and (2) of subsection (a), the colleagues that the administration is (b) PURPOSES.—The purposes of this Act Trade Representative shall take into ac- fast coming to an appreciation of the are— count— need for the type of action prescribed (1) to reduce or eliminate foreign unfair ‘‘(A) the history of value-added agricul- by the bill. Last week, it notified the trade practices and to remove constraints on tural trade relations with the foreign coun- European Union via telex that, absent fair and open trade in value-added agricul- try, including any previous identification a resolution of this issue, as of April 1, tural products; under subsection (a)(2), and (2) to ensure fair and equitable market ac- ‘‘(B) the history of efforts of the United 1997, all European Union meat and cess for exports of United States value-added States, and the response of the foreign coun- meat product exports will have to ‘‘spe- agricultural products; and try, to achieve fair and equitable market ac- cifically adhere to and meet U.S. regu- (3) to promote free and fair trade in value- cess for United States value-added agricul- latory standards.’’ Moreover, ‘‘Any added agricultural products. tural products.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S752 CONGRESSIONAL RECORD — SENATE January 28, 1997 ‘‘(c) REVOCATIONS AND ADDITIONAL IDENTI- (2) by striking the period at the end of sub- whether the E.U. has violated its trade FICATIONS.— paragraph (D)(iii)(II) and inserting ‘‘; or’’; agreements. This is important because ‘‘(1) AUTHORITY TO ACT AT ANY TIME.—If in- and once a determination has been made, formation available to the Trade Represent- (3) by adding at the end the following: the USTR is required to take action. ative indicates that such action is appro- ‘‘(E) with respect to an investigation of a priate, the Trade Representative may at any country identified under section 183(a)(1), to The action could take the form of uni- time— request that the Secretary of Agriculture lateral retaliation, for example. Fur- ‘‘(A) revoke the identification of any for- (who, upon receipt of such a request, shall) thermore, the bill requires the U.S. De- eign country as a priority foreign country direct the Food Safety and Inspection Serv- partment of Agriculture to reconsider under this section, or ice of the Department of Agriculture to re- our certification of European plants if ‘‘(B) identify any foreign country as a pri- view certifications for the facilities of such this problem continues. ority foreign country under this section. country that export meat and other agricul- Mr. President, the impact of the ‘‘(2) REVOCATION REPORTS.—The Trade Rep- tural products to the United States.’’. E.U.’s blatant disregard of our trade resentative shall include in the semiannual report submitted to the Congress under sec- By Mr. GRASSLEY (for himself agreements is substantial for the U.S. tion 309(3) a detailed explanation of the rea- and Mr. DASCHLE): meat industry. Our cattle and hog sons for the revocation under paragraph (1) S. 220. A bill to require the U.S. farmers have been effectively shut out of the identification of any foreign country Trade Representative to determine of the entire European market. This as a priority foreign country under this sec- whether the European Union has failed comes at a time when American agri- tion. to implement satisfactorily its obliga- culture is becoming more dependent on ‘‘(d) DEFINITIONS.—For purposes of this sections under certain trade agreements foreign markets. In fact, USDA cal- tion— relating to U.S. meat and pork export- culates that American farmers will ‘‘(1) VALUE-ADDED AGRICULTURAL PROD- soon derive up to 30 percent of their UCT.—The term ‘value-added agricultural ing facilities, and for other purposes; to product’ means a product that has tradition- the Committee on Finance. net income from foreign trade. So globally been considered by the Secretary of Ag- FAIR TRADE IN MEAT AND PORK PRODUCTS ACT al market access is critical to the via- riculture as being a value-added product OF 1997 bility of the family farmer. within the scope of section 303 of the Agri- Mr. GRASSLEY. Mr. President, I join This bill sends a strong signal to the cultural Trade Act of 1978 (7 U.S.C. 5653). the minority leader today in intro- E.U. that we are no longer willing to ‘‘(2) FAIR AND EQUITABLE MARKET ACCESS.— ducing two important bills regarding tolerate this egregious behavior. Bilat- A foreign country denies fair and equitable agricultural trade. The first is a bill eral negotiations have failed. It is time market access if the foreign country effec- that requires the U.S. Trade Represent- to take swift and strong action to tively denies access to a market for a prod- eliminate this barrier to our value- uct through the use of laws, procedures, ative to determine whether the Euro- practices, or regulations which— pean Union has violated its trade added agricultural products. ‘‘(A) violate provisions of international law agreements with the United States by We must also send a signal to our or international agreements to which both failing to certify U.S. beef and pork other foreign trading partners. Trade the United States and the foreign country processing plants for export to the Eu- agreements must be followed. Commit- are parties, or ropean Union. The failure to certify ments must be kept. The United States ‘‘(B) constitute discriminatory nontariff our plants has cost the pork industry will no longer sit idly by as the rest of trade barriers. alone as much as $60 million annually. the world thumbs it nose at their re- ‘‘(e) PUBLICATION.—The Trade Representa- The problem arises under the E.U.’s sponsibilities as a trading partner. The tive shall publish in the Federal Register a stakes are simply too high in terms of list of foreign countries identified under sub- so-called Third Country Meat Direc- section (a) and shall make such revisions to tive. This directive, which has been in American jobs and standard of living. the list as may be required by reason of the place since 1985, calls for E.U. inspec- This leads me to the second bill that action under subsection (c). tion and certification of U.S. meat I have cosponsored today with the mi- ‘‘(f) ANNUAL REPORT.—The Trade Rep- plants as a condition for accepting ex- nority leader. This bill requires the resentative shall, not later than the date by ports from those plants. Simply put, if USTR to identify, on an annual basis, which countries are identified under sub- a plant has not been certified, it can- those countries that deny market ac- section (a), transmit to the Committee on not export to the E.U. member nations. cess to our value-added agricultural Ways and Means and the Committee on Agri- Since the mid-1980’s the E.U. has used products. It also requires identifying culture of the House of Representatives and countries who are violating the sani- the Committee on Finance and the Com- this directive to prohibit over 400 U.S. mittee on Agriculture, Nutrition, and For- facilities from exporting beef and pork tary and phytosanitary provisions of estry of the Senate, a report on the actions to the E.U. the GATT. This procedure is similar to taken under this section during the 12 Many bilateral discussions have the special 301 procedure for intellec- months preceding such report, and the rea- taken place between the E.U. and the tual property rights. sons for such actions, including a description United States on this issue since 1985. It is necessary to identify and under- of progress made in achieving fair and equi- But no satisfactory resolution has ever stand the trade barriers faced by Amer- table market access for United States value- been reached. In early 1991, the then- ican agriculture so we can work to added agricultural products.’’. U.S. Trade Representative, Carla Hills, eliminate them. Not only is foreign (b) CLERICAL AMENDMENT.—The table of trade vital to American farmers, it is contents for the Trade Act of 1974 is amended initiated an action under section 301 of by inserting after the item relating to sec- the 1974 Trade Act. After a year of con- vital to the U.S. balance of payments. tion 182 the following: sultations and the certification of some Agriculture trade is the shining star in ‘‘Sec. 183. Identification of countries that U.S. plants, we entered into a settle- an otherwise increasing trade deficit. deny market access for value- ment agreement, known as the 1992 But we cannot rest on the success of added agricultural products.’’. meat agreement. In exchange for the the past. In existing markets we could SEC. 4. INVESTIGATIONS. settlement agreement, the United be doing much better in terms of mar- (a) INVESTIGATION REQUIRED.—Subpara- States agreed to withdraw its 301 ac- ket share. And many markets remain graph (A) of section 302(b)(2) of the Trade Act tion. closed to U.S. ag products. of 1974 (19 U.S.C. 2412(b)(2)) is amended by in- Under the 1992 meat agreement, the This bill will help pinpoint our suc- serting ‘‘or 183(a)(2)’’ after ‘‘section 182(a)(2)’’ E.U. agreed that U.S. plants would be cesses and our failures so we can move in the matter preceding clause (i). certified if their inspection systems are forward on bilateral negotiations and, (b) CONFORMING AMENDMENT.—Subpara- equivalent to the E.U.’s. In spite of this eventually, a new round of agricultural graph (D) of section 302(b)(2) of such Act is agreement, and its commitments made negotiations in the World Trade Orga- amended by inserting ‘‘concerning intellec- under the WTO Agreement on Sanitary nization, beginning in 1999. This annual tual property rights that is’’ after ‘‘any investigation’’. and Phytosanitary Measures, the E.U. report will serve as a blueprint to has not made any significant progress achieving worldwide access for the SEC. 5. AUTHORIZED ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. in certifying U.S. plants. Europe effec- commodities produced on America’s Section 301(c)(1) of the Trade Act of 1974 (19 tively remains a closed market for family farms. U.S.C. 2411(c)(1)) is amended— United States beef and pork. I appreciate the minority leader’s (1) by striking ‘‘or’’ at the end of subpara- What this bill does is require the hard work on these two pieces of legis- graph (C); USTR to determine under section 306 lation. And I look forward to working

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S753 with him during this Congress to get a signatory to GATT 1994 and to the Agree- (b) RELATIONSHIP TO USTR AUTHORITY.— these bill enacted into law. ment on the Application of Sanitary and The review authorized under subsection (a) is Mr. President, I ask unanimous con- Phytosanitary Measures, which requires that in addition to the authority of the United sent that the text of the bill be printed meat and pork inspection procedures under States Trade Representative to take actions Department of Agriculture regulations be described in section 301(c)(1) of the Trade Act in the RECORD. treated as equivalent to inspection proce- of 1974 (19 U.S.C. 2411(c)(1)). There being no objection, the bill was dures required by the European Union under ordered to be printed in the RECORD, as the Third Country Meat Directive if the reg- By Mr. GREGG: follows: ulations achieve the European level of sani- S. 221. A bill to amend the Social Se- S. 220 tary protection. curity Act to require the Commissioner Be it enacted by the Senate and House of Rep- (12) Whenever a foreign country is not sat- of Social Security to submit specific resentatives of the United States of America in isfactorily implementing an international legislative recommendations to ensure Congress assembled, trade measure or agreement, the United the solvency of the Social Security SECTION 1. SHORT TITLE. States Trade Representative is required trust funds; to the Committee on Fi- under section 306(b)(1) of the Trade Act of This Act may be cited as the ‘‘Fair Trade nance. in Meat and Pork Products Act of 1997’’. 1974 (19 U.S.C. 2416(b)(1)) to determine the ac- SOCIAL SECURITY ACT AMENDMENTS SEC. 2. FINDINGS. tions to be taken under section 301(a) of such Congress makes the following findings: Act. Mr. GREGG. Mr. President, I rise to (1) The European Union’s Third Country SEC. 3. DEFINITIONS. introduce legislation which I now send Meat Directive has been used to decertify For purposes of this Act: to the desk. more than 400 United States facilities ex- (1) EXCHANGE OF LETTERS.—The term ‘‘Ex- Mr. President, I am sure that my col- porting beef and pork products to the Euro- change of Letters’’ means the exchange of leagues are familiar with the report re- pean Union even though United States letters concerning the application of the cently released by the Social Security health inspection procedures are equivalent Community Third Country Directive, signed Advisory Council. That group, ap- in May 1991 and November 1992, which con- to those provided for in the Third Country pointed by HHS Secretary Donna Meat Directive. stitute the agreement between the United (2) An effect of the decertifications is to States and the European Economic Commu- Shalala, was charged with making rec- prohibit the importation of United States nity regarding the Third Country Meat Di- ommendations as to how to place our beef and pork products into the European rective. largest and most popular program—So- Union. (2) GATT 1994.—The term ‘‘GATT 1994’’ cial Security—on a stable and secure (3) As a result of the decertifications, the means the General Agreement on Tariffs and path for the 21st century. Their rec- highly competitive United States pork in- Trade annexed to the WTO Agreement. ommendations have accelerated an al- dustry loses as much as $60,000,000 each year (3) THIRD COUNTRY MEAT DIRECTIVE; COMMU- ready vigorous debate concerning the NITY THIRD COUNTRY DIRECTIVE.—The terms from trade with European Union countries. eventual course of Social Security re- (4) In July 1987 and November 1990, at the ‘‘Third Country Meat Directive’’ and ‘‘Com- request of affected United States industries, munity Third Country Directive’’ mean the form. the United States initiated investigations European Union’s Council Directive 72/462/ As someone who is greatly concerned under section 301 of the Trade Act of 1974 EEC relating to inspection and certification about the future of Social Security, let into the European Union’s administration of of slaughter and processing plants that ex- me offer my view that we cannot afford the Third Country Meat Directive and port meat and pork products to the Euro- the kind of gridlock and partisanship sought resolution of the meat and pork trade pean Union. in rescuing that program that we have problems through the dispute settlement (4) WTO AGREEMENT.—The term ‘‘WTO seen in the Medicare debate. It is vi- process established under the General Agree- Agreement’’ means the Agreement estab- tally important that all of us come to- lishing the World Trade Organization en- ment on Tariffs and Trade. gether to address problems of retire- (5) The United States Trade Representative tered into on April 15, 1994. ment security in a bipartisan way—one preliminarily concluded on October 10, 1992, SEC. 4. REQUIREMENT FOR DETERMINATION BY that the European Union’s administration of UNITED STATES TRADE REPRESENT- that involves all of the important play- the Third Country Meat Directive created a ATIVE. ers in this debate—both in Congress burden on and restricted United States com- Not later than 30 days after the date of en- and within the administration. merce. actment of this Act, the United States Trade My legislation, Mr. President, would (6) Bilateral talks, initiated as a result of Representative shall determine, for purposes simply establish an additional safe- that finding, resulted in an Exchange of Let- of section 306(b)(1) of the Trade Act of 1974, guard for the solvency of the Social Se- ters in which the United States and the Eu- whether the European Union has failed to implement satisfactorily its obligations curity system on which so many Amer- ropean Union concluded that the meat in- ican senior citizens depend. Specifi- spection systems of the United States and under the Exchange of Letters, the Agree- the European Union provided ‘‘equivalent ment on the Application of Sanitary and cally, it will require the Commissioner safeguards against public health risks’’ and Phytosanitary Measures, or any other Agree- of Social Security—at the same time agreed to take steps to resolve remaining ment. each year that the Social Security differences regarding meat inspection. SEC. 5. REQUEST FOR DISPUTE SETTLEMENT. trustees report to Congress on the sol- (7) Even though the United States termi- If the United States Trade Representative vency of the Social Security system— nated the section 301 investigation as a re- determines under section 4 that the Euro- to recommend those legislative actions sult of the Exchange of Letters, the United pean Union has failed to implement satisfac- which the Commissioner deems nec- torily its obligations under the Exchange of States determined that the practices under essary to place the Social Security sys- investigation would have been actionable if Letters, the Agreement on the Application of an acceptable agreement had not been Sanitary and Phytosanitary Measures, or tem in long-term actuarial balance. reached. any other agreement, the United States Mr. President, I believe that there is (8) United States meat and pork producers Trade Representative shall promptly request broad bipartisan consensus about cer- have displayed consistent interest in export- proceedings on the matter under the formal tain aspects of Social Security. Cer- ing products to the European Union and have dispute settlement procedures applicable to tainly there is wide bipartisan support undertaken substantial investment to take the agreement. for the view that protecting the sta- the steps specified by the Exchange of Let- SEC. 6. REVIEW OF CERTAIN MEAT FACILITIES. bility and solvency of the system ters. (a) REVIEW BY FOOD SAFETY AND INSPEC- should be among our highest national (9) The European Union has failed to ac- TION SERVICE.—If the United States Trade priorities. And, most of us recognize knowledge changes in plant safety and in- Representative determines pursuant to sec- spection procedures undertaken in the tion 4 that the European Union has failed to the stark fiscal realities facing the So- United States specifically at the European implement satisfactorily its obligations cial Security system. I refer to the fact Union’s request and has not fulfilled its obli- under the Exchange of Letters, the Agree- that according to the Social Security gation to inspect and relist United States ment on the Application of Sanitary and trustees, beginning in the year 2012, producers who have taken the steps specified Phytosanitary Measures, or any other Agree- the Social Security system will face by the Exchange of Letters. ment, the United States Trade Representa- annual operating deficits, meaning (10) The actions of the European Union in tive shall request the Secretary of Agri- that there will then be inadequate rev- conducting United States plant inspections culture (who, upon receipt of the request, enues coming into the system to sup- places the European Union in violation of shall) direct the Food Safety and Inspection commitments made in the Exchange of Let- Service of the Department of Agriculture to port current benefits. From that year ters. review certifications for European Union fa- onward—indeed for most of the 75-year (11) The European Union, in addition to cilities that import meat and other agricul- period during which actuarial solvency being a party to the Exchange of Letters, is tural products into the United States. is measured—there is an ever widening

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S754 CONGRESSIONAL RECORD — SENATE January 28, 1997 gap between the promises of Social Se- Mr. President, in the wake of one of drought devastated the entire south- curity and the means available to pay the most devastating droughts the western region. Arizona, California, for them, unless we act to change the southwestern United States has seen in Colorado, Nevada, Oklahoma, Texas, law. a century, a drought for which there Utah, and Kansas were all severely im- It is beyond those points of agree- was simply no preparation at either pacted by the drought. Small business- ment, however, that our bipartisan Federal, State, or local levels. men, farmers, and ranchers all across consensus breaks down. Even though Mr. President, some people do not the area were wiped out. Oklahoma ex- we all know that it will take bipartisan consider a drought to be a disaster, but perienced almost $500 million in agri- action to safeguard this system, the if live in a drought, and live through a cultural losses alone. Texas’s agricul- Social Security system could well be- drought, it is just as much a disaster as tural losses exceeded $2 billion, while come a sharpening focus of partisan po- a tornado or an earthquake. It causes its overall statewide losses were over $5 litical activity. Apparently the temp- just as much devastation. billion. And in the southwest as a tations here are simply too great for The problem is it kind of creeps up. whole, almost 3 million acres of land politicians to resist. It is the easier— And in the flow of its destructive force were engulfed by fire, an amount although less responsible—course to ig- are many ruined lives, many lost busi- most three times the 5-year acreage. nore the problems within the system, nesses, many people who cannot make In short, Mr. President, this drought and to take political advantage of the mortgages on their farms and was a killer. We in the Southwest were those who seek to repair them. homes. It is time we have some coordi- fortunate that this year is proving to We thus find ourselves in a peculiar nated effort to address these disasters. be a much better year for precipitation situation. Each year, the Social Secu- This legislation seeks to get that done. than the last. But we do not know what rity trustees send information to Con- Before I talk about the particulars of the next year will bring. There could be gress about Social Security’s troubled my bill, however, I would like to spend yet another drought, again sending towns scrambling to drill new water future, and call upon Congress to act to a few minutes describing to my col- wells, sweeping fire across bone-dry restore the system to long-term sol- leagues just how devastating a serious forests, and forcing farmers and ranch- vency. Yet, at the same time, the drought disaster can be. Unfortunately, ers to watch their way of life being custodians of that system—indeed, the my State of New Mexico can be used as wiped out. a prime example of this devastation. soon-departing Social Security Com- But I do not want to give the impres- Mr. President, water is everything in missioner herself—remain utterly si- sion that severe droughts are solely the New Mexico. Ours is an arid State, and lent as to how this is to be done. It is curse of the Southwest. Every region in the rain and snowfall we receive in the astounding to me that an individual the United States can be hit by these spring and winter is literally a matter will again be placed in charge of this catastrophes. In 1976–77, a short but in- of life and death to our cities, towns, most enormous and vital Government tense drought struck the Pacific program, and yet not be required under businesses, and environment. In 1995– Northwest, requiring the construction the law to forward proposals to keep it 96, however, precipitation levels were of numerous dams and reservoirs to se- stable and secure. the lowest the had been in the 100 years cure millions of additional acre feet of Toward the end of last year, the staff that the State has been keeping such needed water. The 1988 Midwest of the Budget Committee were briefed records. The results were nothing less drought caused over $5 billion in losses. by representatives of the Social Secu- than disastrous. And the infamous 7-year drought of rity Administration as to how they For example, the drought decimated 1986–93 experienced by California, the were meeting their established per- the State’s agricultural community. Pacific Northwest, and the Great Basin formance goals under the Government Every single county in the State re- States caused extensive damage to Performance and Results Act. One of ceived disaster declarations from the water systems, water quality, fish and the goals established by the Social Se- USDA. Farmers in the southern part of wildlife, and recreational activities. curity Administration was to improve the State were forced to go to water And yet, even though they are so per- public confidence in Social Security. wells, depleting an already-taxed aqui- vasive, and even though they so seri- Meanwhile, no recommendations are fer. And, in northeastern New Mexico, ously impact the economic and envi- coming from the Commissioner of So- winter wheat crops failed for the first ronmental well-being of the entire Na- cial Security as to how to justify that time in anyone’s memory. tion, we in New Mexico have learned confidence in the long term. It is long The drought also destroyed forage for from hard experience that the United past time to repair this discontinuity. livestock producers, causing an indus- States is poorly prepared to deal with I believe that this legislation should try already hit hard by high feed prices serious drought emergencies. As a re- not be controversial. It stands to ele- to hurt even more. In all, it was esti- sult of the hardships being suffered in mentary reason that it should be part mated that ranchers lost up to 85 per- every part of my state last year, I con- and parcel of the duties inherent in the cent of their capital. vened a special Multi-State Drought position of Social Security Commis- The drought had a catastrophic im- Task Force of Federal, State, local, sioner, to make such recommendations pact on New Mexico’s forests. The and tribal emergency management as are necessary to protect the future Dome, Hondo, and Chino Wells fires agencies to coordinate efforts to re- of the Social Security system. I hope were all sparked by the incredibly dry spond to the drought. The task force that Congress will act quickly, and will conditions brought on by the drought, was ably headed up by the Federal pass this legislation early in this ses- and were exacerbated by the lack of Emergency Management Agency, and sion. water needed to extinguished them. In included every Federal agency that has all, there were over 1,200 fires in New programs designed to deal with By Mr. DOMENICI: Mexico last year burning over 140,000 drought. S. 222. A bill to establish an advisory acres of land and wiping out dozens of Unfortunately, what the task force commission to provide advice and rec- homes and businesses. found was that although the Federal ommendations on the creation of an in- The drought also caused municipal Government has numerous drought re- tegrated, coordinated Federal policy water systems to be taxed to the hilt, lated programs on the books, there designed to prepare for and respond to forcing many cities and towns to con- simply is no integrated, coordinated serious drought emergencies; to the sider drastically raised water rates for system of implementing those pro- Committee on Governmental Affairs. their citizens. And the drought meant grams. For example, while most of the THE NATIONAL DROUGHT POLICY STUDY ACT OF that critical stretches of the Rio Federal drought programs require a 1997 Grande River were almost completely person to apply proactively for relief Mr. DOMENICI. Mr. President, I rise dry, which in turn meant vastly re- under them, there was almost a total to introduce legislation that I believe duced amounts of water for wildlife lack of knowledge about those pro- will finally start us down the long ne- such as the endangered silvery min- grams on the part of the victims they glected road of developing a coherent, now. were designed to help. Worse yet, the integrated, and coordinated national And New Mexico’s problems were programs that are in place are frag- drought policy. I offer this legislation, those of just one State: the 1995–96 mented and ad hoc, and stop well short

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S755 of comprehensively helping people pre- bers, including representatives from certainly should not be receiving free pare for or respond to drought. Con- the National Governors’ Association, solicitation at the expense of the sequently, at first drought victims in the U.S. Conference of Mayors, and American taxpayer. this Nation do not know who to turn to four persons representative of those The legislation that I am introducing for help, and then find that the help groups that are always hardest hit by today specifically prohibits any Fed- that is available is too late and totally drought emergencies. eral agency from using Federal funds inadequate. The Commission will be charged with for programs, seminars, staff positions, These fundamental problems were determining what needs exists on the or publications which would compel, specifically identified by the Multi- Federal, State, local, and tribal levels instruct, encourage, urge, or persuade State Drought Task Force in its final with regard to drought; with reviewing individuals to join labor unions. As I report on the drought of 1995–96. The existing Federal, State, local, and trib- stated before, it simply is not the re- task force stated that ‘‘[t]he States are al drought programs; and with deter- sponsibility of the Federal Government left are left to navigate the ocean of mining what gaps exist between the to encourage union membership. The applicable assistance programs as best needs of drought victims and those pro- American taxpayer should not bear the they can.’’ The task force went on to grams currently designed to deal with burden of promoting labor unions. observe: drought. My distinguished colleagues, Sen- The Federal government does not have a More importantly, the Commission ators FAIRCLOTH, HELMS, HUTCHINSON, national drought policy, national climatic will then be charged with making rec- KEMPTHORNE, SHELBY, and SESSIONS, monitoring system, nor an institutionalized ommendations on how Federal drought join me as original cosponsors of this organizational structure to address drought. laws and programs can be better inte- Therefore, every time a drought occurs the measure that I send to the desk. I in- Federal government is behind the power grated into a comprehensive national vite our other colleagues to join us in curve playing catch up in an ad hoc fashion policy to mitigate the impacts of, and support of this important legislation. to meet the needs of the impacted states and respond to, serious drought emer- their citizens. gencies. Should Federal drought pro- By Mr. WARNER: The Western Governors’ Association grams be consolidated under one single S. 224. A bill to amend title 10, recognized the exact same problems in existing agency? How can the Nation United States Code, to permit covered its 1996 Drought Response Action Plan. be better prepared for these disasters? beneficiaries under the military health The WGA stated that ‘‘[t[he absence of Should emergency loan programs that care system who are also entitled to a lead agency to handle drought—in ad- stand the risk of sinking drought vic- Medicare to enroll in the Federal Em- dition to the lack of Federal inter- tims deeper into debt be reevaluated? ployees Health Benefits Program, and agency coordination—has significantly These are just some of the questions for other purposes; to the Committee reduced the Federal Government’s abil- that we in Congress need guidance on if on Armed Services. ity to provide adequate support over we are to move to the next level in de- MILITARY RETIREES HEALTH BENEFITS the long term.’’ veloping a national drought strategy. LEGISLATION Indeed, the Multi-State Drought In conclusion, Mr. President, my leg- Mr. WARNER. Mr. President, I rise Task Force recommended that ‘‘Con- islation is just the first step in address- today to introduce legislation which gress in coordination with the adminis- ing the major national problem of will return a sense of fairness to the tration develop and adopt a National drought disasters, but it is a step that military health care system by pro- Drought Policy to include a national must be taken quickly. Drought can viding Medicare-eligible military retir- drought monitory system and an insti- strike any State, at any time, for any ees the same health care plan that is tutionalized organizational structure duration. I urge my colleagues to sup- currently available to every other re- with a designated lead Federal agency port this bill. tired Federal employee. Under this leg- to direct and coordinate the efforts of islation, all Medicare-eligible military the Federal Government in preparing By Mr. THURMOND (for himself, retirees and their family members will for, responding to, and recovering from Mr. FAIRCLOTH, Mr. HELMS, Mr. be given the option to participate in drought, as well as mitigating the im- HUTCHINSON, Mr. KEMPTHORNE, the Federal Employee Health Benefits pacts of drought.’’ Mr. SHELBY, and Mr. SESSIONS): Plan [FEHBP]. Similarly, the Western Governors’ S. 223. A bill to prohibit the expendi- Under the current system military Association recommends ture of Federal funds on activities by retirees lose their guaranteed access to ‘‘[d]evelop[ing] a national drought pol- Federal agencies to encourage labor military medical care at age 65 and are icy or framework that integrates ac- union membership, and for other pur- forced to rely exclusively on Medicare. tions and responsibilities among all poses; to the Committee on Labor and It is worth noting that our military re- levels of government (Federal, State, Human Resources. tirees are the only group of Federal regional, and local). This policy should LABOR UNION MEMBERSHIP LEGISLATION employees whose health plan is taken plainly spell out preparedness, re- Mr. THURMOND. Mr. President, I away at age 65. I am sure that my col- sponse, and mitigation measures to be rise today to introduce a very impor- leagues would agree that this situation provided by each entity.’’ And it is my tant piece of legislation that would af- is not only inherently unfair, but that understanding that the National Gov- fect every American taxpayer. This it also breaks a long standing health ernors’ Association is considering measure would prohibit Federal funds care commitment to our military retir- adopting a similar recommendation from being used to encourage labor ees. When these men and women joined sponsored by Governor Johnson of New union membership. the Armed Forces, they were promised Mexico. Mr. President, I was shocked to learn health care for both them and their All of this, Mr. President, has led me that the Department of Labor has pub- families, for the rest of their lives. This to introduce today’s legislation. I be- lished and distributed brochures which was a commitment. This was in writ- lieve that my bill will be the first step state, If you don’t have a union, you ing. Now, at age 65, they find out that toward finally establishing a coherent, may want to consider joining an exist- this commitment is being withdrawn. effective national drought policy. My ing union or working with others to Mr. President, the commonly held be- bill creates a commission comprised of start one. These brochures are designed lief that the health care provided for representatives of those Federal, State, to help American workers know their military retirees is second to none is a local, and tribal agencies and organiza- rights when it comes to various forms myth. The truth is that when you com- tions which are most involved with of discrimination. I recognize the im- pare it to what is provided by other drought issues. On the Federal side, the portance of these brochures, but I firm- large employers including General Mo- Commission will include representa- ly believe that it is not the responsi- tors, IBM, Exxon, and the rest of the tives from USDA, Interior, the Army, bility of the Federal Government to en- Federal Government, the health care FEMA, SBA, and Commerce—agencies courage or discourage labor union that is provided to our Medicare-eligi- which all currently have drought-re- membership in any form. Organized ble military retirees and their family lated programs on the books. Equally labor has the resources and the man- members has become second to almost important will be the nonfederal mem- power to do their own recruiting. They all others.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S756 CONGRESSIONAL RECORD — SENATE January 28, 1997 This bill that I am introducing today that judges weigh the impact on public hazard. It took more than a decade for is the same legislation that I intro- health and safety before approving regulators to discover the hazard and duced in the 104th Congress. Although these secrecy orders. It is simple, effec- for the company to recall the merry- my legislation was not adopted, the fis- tive, and straightforward. The Judici- go-round. cal year 1997 Senate-passed version of ary Committee reported out identical There are yet more cases like these. the National Defense Authorization legislation last Congress by a bipar- In 1973, GM began marketing vehicles Act Conference Report directed the De- tisan 11 to 7 majority. with dangerously-placed fuel tanks partment of Defense to conduct a study Our bill essentially codifies what is that tended to rupture, burn, and ex- of the cost and feasibility of extending already the practice of the best judges. plode on impact more frequently than the option of enrollment in FEHBP to In cases that do not affect public our Medicare-eligible military retirees. health safety, existing practice would regular tanks. Soon after these vehi- This report is due to Congress on continue, and courts could still issue cles hit the American road, tragic acci- March 1, 1997. I am hopeful that this protective orders as they do today. But dents began occurring, and lawsuits study will thoroughly examine this in cases affecting public health and were filed. More than 150 lawsuits were issue and provide meaningful rec- safety courts would apply a balancing settled confidentially by GM. For ommendations that we can use to test: they could permit secrecy only if years, this secrecy prevented the public strengthen the military health care the need for privacy outweighs the from learning of the dangers of these system during the Armed Services public’s need to know about potential vehicles—6 million of which are still on Committee’s consideration of the bill I health or safety hazards. Moreover, the road. It wasn’t until a trial in 1993 am introducing today. courts could not, under this measure, that the public began learning of the Mr. President, this legislation rep- issue protective orders that would pre- dangers of GM sidesaddle gas tanks and resents a major step forward in the ap- vent disclosures to regulatory agen- the GM crash test data which dem- plication of equitable standards of cies. onstrated these dangers. Although the law may result in some health care for all Federal employees Another case involves Fred Barbee, a and honors our commitment to those small additional burden on judges, a little extra work from judges seems a Wisconsin resident whose wife, Carol, veterans who served our Nation faith- died because of a defective heart valve. fully through many years of arduous tiny price to pay for protecting blame- Mr. Barbee told us that months and military service. I invite my colleagues less people from dangers. Every day, in years before his wife died, the valve to join me as cosponsors of this bill. the course of litigation, judges make tough calls about how to construe the manufacturer had quietly, without By Mr. KOHL: public interest and interpret other laws public knowledge, settled dozens of S. 225. A bill to amend chapter 111 of that Congress passes. I am confident lawsuits in which the valve’s defects title 28, United States Code, relating to that the courts will administer this were demonstrated. So when Mrs. protective orders, sealing of cases, dis- law fairly and sensibly. If this requires Barbee’s valve malfunctioned, she closures of discovery information in extra work, then the work is well rushed to a health clinic in Spooner, civil actions, and for other purposes; to worth it. After all no one argues that WI, thinking, as did her doctors, that the Committee on the Judiciary. spoiled meat should be let out on the she was suffering from a heart attack. THE SUNSHINE IN LITIGATION ACT market because stricter regulations Ignorant of the evidence that her valve Mr. KOHL. mean more work for FDA meat inspec- was defective, Mrs. Barbee was Mr. President, I rise today to offer tors. misdiagnosed. Mrs. Barbee was treated the Sunshine in Litigation Act, a The problem of excessive secrecy or- incorrectly and died. To this day, Mr. measure that addresses the growing ders in cases involving public health Barbee believes that but for the secret abuse of secrecy orders issued by our and safety has been apparent for many settlement of heart valve lawsuits, he Federal courts. All too often our Fed- years. The Judiciary Committee first and his wife would have been aware of eral courts allow vital information held hearings on this issue in 1990. the valve defect, and his wife would be that is discovered in litigation—and ‘‘Court Secrecy,’’ Hearings before the alive today. which directly bears on public health Subcommittee. On Courts and Admin- At the 1994 Judiciary Committee and safety—to be covered up, to be istrative Practice, Committee on the hearing, we heard from a family which shielded from people whose lives are Judiciary, May 17, 1990, 101st Congress, I must call the Does because they are potentially at stake, and from the pub- 2d Session. The committee held hear- under a secrecy order and were afraid lic officials we have asked to protect ings again in 1994. our health and safety. In 1990, Arthur Bryant, the executive to use their own names when talking All this happens because of the use of director of Trial Lawyers for Public to us and to our committee. The Does so-called protective orders—really gag Justice, told us: ‘‘The one thing we were the victims of tragic medical mal- orders issued by courts—that are de- learned * * * is that this problem is far practice that resulted in serious brain signed to keep information discovered more egregious than we ever imagined. damage to their child. A friend of the in the course of litigation secret and It goes the length and depth of this Does is using the same doctor, but Mrs. undisclosed. Typically, injured victims country, and the frank truth is that Doe is terrified of saying anything to agree to a defendant’s request to keep much of civil litigation in this country her friend for fear of violating the se- lawsuit information secret. They agree is taking place in secret.’’ Four years crecy order that governed her lawsuit because defendants threaten that, later, the attorney Gerry Spence told settlement. Mrs. Doe is afraid that if without secrecy, they will refuse to us about 19 cases he had been involved she talks, the defendant in her case pay a settlement. Victims cannot af- in in which his clients had to sign se- will suspend the ongoing settlement ford to take such chances. And while crecy agreements. They included cases payments that allow her to care for her courts in these situations actually involving defects in a hormonal preg- injured child. have the legal authority to deny re- nancy test that caused severe birth de- What sort of court system prohibits a quests for secrecy, typically they do fect, a defective braking system of a woman from telling her friend that her not—because both sides have agreed, steam roller, and an improperly manu- child might be in danger? And the more and judges have other matters they factured tire rim. disturbing question is this: What other Individual examples of this problem prefer to attend to. So judges are regu- secrets are currently held under lock larly and frequently entering these abound. For over a decade, Miracle and key which could be saving lives if protective orders, using the power of Recreation, a U.S. playground equip- they were made public? the Federal Government to keep people ment company, marketed a merry-go- in the dark about the dangers they round that caused serious injuries to Mr. President, having said all this, I face. scores of small children—including sev- must in fairness recognize that there is The measure that I am introducing ered fingers and feet. Lawsuits brought another side to this problem. Privacy today will bring crucial information against the manufacturer were con- is a cherished possession, and business out of the darkness and into the light. fidentially settled, preventing the pub- information is an important com- The measure amends rule 26 of the Fed- lic and the Consumer Products Safety modity. For this reason, the courts eral Rules of Civil Procedure to require Commission from learning about the must,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S757 in some cases, keep trade secrets and ‘‘(c)(1) No agreement between or among work. In the 4 years since the original other business information confiden- parties in a civil action filed in a court of the deadbeat parents legislation was signed tial. The goal of this measure I have in- United States may contain a provision that into law by President Bush, collections troduced is to ensure that courts do prohibits or otherwise restricts a party from have increased by nearly 50 percent, disclosing any information relevant to such not carelessly and automatically sanc- civil action to any Federal or State agency from $8 to $11.8 billion, and we should tion secrecy when the health and safe- with authority to enforce laws regulating an be proud of that increase. Moreover, a ty of the American public is at stake. activity relating to such information. new national database has helped iden- At the same time, it will still allow de- ‘‘(2) Any disclosure of information to a tify 60,000 delinquent fathers, over half fendants to obtain secrecy orders when Federal or State agency as described under of whom owed money to women on wel- the need for privacy is significant and paragraph (1) shall be confidential to the ex- fare. substantial. tent provided by law.’’. Nevertheless, there is much more we (b) TECHNICAL AND CONFORMING AMEND- To attack the problem of excessive MENT.—The table of sections for chapter 111 can do. It has been estimated that if court secrecy is not to attack the busi- of title 28, United States Code, is amended by delinquent parents fully paid up their ness community. Most of the time, adding after the item relating to section 1658 child support, approximately 800,000 businesses seek protective orders for the following: women and children could be taken off legitimate reasons. And although a few ‘‘1659. Protective orders and sealing of cases the welfare rolls. So our new legisla- opponents of product liability reform and settlements relating to tion cracks down on the worst viola- may dispute that businesses care about public health or safety.’’. tors, and makes clear that intentional public health and safety, we know that SEC. 3. EFFECTIVE DATE. or long-term evasion of child support The amendments made by this Act shall they do. Business people want to know take effect 30 days after the date of the en- responsibilities will not receive a slap about dangerous and defective prod- actment of this Act and shall apply only to on the wrist. In so doing, it will help us ucts, and they want regulatory agen- orders entered in civil actions or agreements continue the fight to ensure that every cies to have the information necessary entered into on or after such date. child receives the parental support to protect the public. they deserve. The Sunshine in Litigation Act is a By Mr. KOHL (for himself and Mr. President, with this bill we have simple effort to protect the safety of Mr. DEWINE): a chance to make a difference in the the American people. Its benefits far S. 226. A bill to establish felony vio- lives of families across the country. So outweigh any of the worst imaginable lations for the failure to pay legal child I look forward to working with my col- disadvantages. And the longer we wait support obligations, and for other pur- leagues to give police and prosecutors to enact the legislation, the more peo- poses; to the Committee on the Judici- the tools they need to effectively pur- ple are put at risk. ary. sue individuals who seek to avoid their Mr. President, I ask unanimous con- THE DEADBEAT PARENTS PUNISHMENT ACT OF family obligations. sent that the text of the bill be printed 1997 Mr. President, I ask unanimous con- in the RECORD. ∑ Mr. KOHL. Mr. President, I introduce sent that additional material be print- There being no objection, the bill was the Deadbeat Parents Punishment Act ed in the RECORD. ordered to be printed in the RECORD, as of 1997. Along with Senator SHELBY and There being no objection, the mate- follows: Congressmen HYDE and SCHUMER, I in- rial was ordered to be printed in the S. 225 troduced the original Child Support RECORD, as follows: Be it enacted by the Senate and House of Rep- Recovery Act in 1992, and today Sen- S. 226 ator DEWINE and I are pleased to intro- resentatives of the United States of America in Be it enacted by the Senate and House of Rep- Congress assembled, duce a measure that will toughen the resentatives of the United States of America in SECTION 1. SHORT TITLE. original law to ensure that more seri- Congress assembled, This Act may be cited as the ‘‘Sunshine in ous crimes receive more serious pun- SECTION 1. SHORT TITLE. Litigation Act of 1997’’. ishment. In so doing, we can send a This Act may be cited as the ‘‘Deadbeat SEC. 2. PROTECTIVE ORDERS AND SEALING OF clear message to deadbeat dads and Parents Punishment Act of 1997’’. CASES AND SETTLEMENTS RELAT- moms: ignore the law, ignore your re- SEC. 2. ESTABLISHMENT OF FELONY VIOLA- ING TO PUBLIC HEALTH OR SAFETY. sponsibilities, and you will pay a high TIONS. (a) IN GENERAL.—Chapter 111 of title 28, Section 228 of title 18, United States Code, United States Code, is amended by adding at price. In other words, pay up or go to is amended to read as follows: the end thereof the following new section: jail. ‘‘§ 228. Failure to pay legal child support obli- ‘‘§ 1659. Protective orders and sealing of cases Current law already makes it a Fed- gations and settlements relating to public health or eral offense to willfully fail to pay safety child support obligations to a child in ‘‘(a) OFFENSE.—Any person who— ‘‘(a)(1) A court shall enter an order under another State if the obligation has re- ‘‘(1) willfully fails to pay a support obliga- rule 26(c) of the Federal Rules of Civil Proce- mained unpaid for longer than a year tion with respect to a child who resides in dure restricting the disclosure of informa- or is greater than $5,000. However, cur- another State, if such obligation has remained unpaid for a period longer than one tion obtained through discovery or an order rent law provides for a maximum of restricting access to court records in a civil year, or is greater than $5,000; just 6 months in prison for a first of- ‘‘(2) travels in interstate or foreign com- case only after making particularized find- fense, and a maximum of 2 years for a ings of fact that— merce with the intent to evade a support ob- ‘‘(A) such order would not restrict the dis- second offense. A first offense, how- ligation, if such obligation has remained un- closure of information which is relevant to ever—no matter how egregious—is not paid for a period longer than one year, or is the protection of public health or safety; or a felony under current law. greater than $5,000; or ‘‘(B)(i) the public interest in disclosure of Police officers and prosecutors have ‘‘(3) willfully fails to pay a support obliga- potential health or safety hazards is clearly used the current law effectively, but tion with respect to a child who resides in another State, if such obligation has re- outweighed by a specific and substantial in- they have found that current mis- terest in maintaining the confidentiality of mained unpaid for a period longer than two demeanor penalties do not adequately years, or is greater than $10,000; the information or records in question; and deal with more serious cases—those ‘‘(ii) the requested protective order is no shall be punished as provided in subsection broader than necessary to protect the pri- cases in which parents move from (c). vacy interest asserted. State to State to intentionally evade ‘‘(b) PRESUMPTION.—The existence of a sup- ‘‘(2) No order entered in accordance with child support penalties, or fail to pay port obligation that was in effect for the the provisions of paragraph (1) shall continue child support obligations for more than time period charged in the indictment or in- in effect after the entry of final judgment, 2 years—serious cases that deserve se- formation creates a rebuttable presumption unless at or after such entry the court makes rious, felony punishment. In response that the obligor has the ability to pay the a separate particularized finding of fact that to these concerns, President Clinton support obligation for that time period. ‘‘(c) PUNISHMENT.—The punishment for an the requirements of paragraph (1)(A) or (B) has drafted legislation that would ad- have been met. offense under this section is— ‘‘(b) The party who is the proponent for the dress this problem, and we are pleased ‘‘(1) in the case of a first offense under sub- entry of an order, as provided under this sec- to introduce it today. section (a)(1), a fine under this title, impris- tion, shall have the burden of proof in ob- This new effort builds on past suc- onment for not more than 6 months, or both; taining such an order. cesses achieved through bipartisan and

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S758 CONGRESSIONAL RECORD — SENATE January 28, 1997 ‘‘(2) in the case of an offense under sub- failing to document earnings. A presumption icy is out of whack. I think we have section (a)(2) or (a)(3), or a second or subse- of ability to pay, based on the existence of a borrowed from our children and grand- quent offense under subsection (a)(1), a fine support obligation determined under State children. I think we ought to balance under this title, imprisonment for not more law, is useful in a jury’s determination of the Federal budget. I do not object to— than 2 years, or both. whether the nonpayment was willful. An of- ‘‘(d) MANDATORY RESTITUTION.—Upon a fender who lacks the ability to pay a support in fact, I have supported and will sup- conviction under this section, the court shall obligation due to legitimate, changed cir- port—the right kind of balanced budget order restitution under section 3663A in an cumstances occurring after the issuance of a constitutional amendment. amount equal to the total unpaid support ob- support order has civil means available to re- I will not, however, support a pro- ligation as it exists at the time of sen- duce the support obligation and thereby posal to amend the U.S. Constitution tencing: avoid violation of the federal criminal stat- that would enshrine in the Constitu- ‘‘(e) DEFINITIONS.—As used in this section— ute in the first instance. In addition, the pre- tion the practice of using the Social ‘‘(1) the term ‘support obligation’ means sumption of ability to pay set forth in the Security trust funds to balance the any amount determined under a court order bill is rebuttable; a defendant can put forth or an order of an administrative process pur- evidence of his or her inability to pay. Federal budget. That is precisely what suant to the law of a State to be due from a The reference to mandatory restitution in the balanced budget amendment that person for the support and maintenance of a proposed section 228(d) of title 18, United the Judiciary Committee will mark up child or of a child and the parent with whom States Code, amends the current restitution later this week would do. That is why the child is living; and requirement in section 228(c). The amend- Senator HOLLINGS and I and so many ‘‘(2) the term ‘State’ includes any State of ment conforms the restitution citation to others are introducing a constitutional the United States, the District of Columbia, the new mandatory restitution provision of federal law, 18 U.S.C. § 3663A, enacted as part amendment to balance the budget, but and any commonwealth, territory, or posses- one that will not use the Social Secu- sion of the United States.’’. of the Antiterrorism and Effective Death Penalty Act of 1996, P.L. 104–132, section 204. rity trust funds to do so. Let me explain why that is impor- SECTION-BY-SECTION ANALYSIS This change simply clarifies the applica- bility of that statute to the offense of failure tant. If you were in the private sector The Child Support Recovery Amendments to pay legal child support obligations. Act of 1996 amends the current criminal stat- and you had a business and in that For all of the violations set forth in pro- business you put away some money for ute regarding the failure to pay legal child posed subsection (a) of section 228, the re- support obligations, 18 U.S.C. § 228, to create quirement of the existence of a State deter- your employees in a pension fund, and felony violations for egregious offenses. Cur- mination regarding the support obligation is then at the end of the year you discov- rent law makes it a federal offense willfully the same as under current law. Under pro- ered that you had run a big loss, you to fail to pay a child support obligation with posed subsection (e)(1), as under current sub- might say, ‘‘Well, I will just take my respect to a child who lives in another State section (d)(1)(A), the government must show employees’ pension funds and bring if the obligation has remained unpaid for that the support obligation is an amount de- them over into the operating side of longer than a year or is greater than $5,000. termined under a court order or an order of A first offense is subject to a maximum of the business, and I will tell everybody an administrative process pursuant to the that I didn’t have a loss. I am using the six months of imprisonment, and a second or law of a State to be due from a person for the subsequent offense to a maximum of two support and maintenance of a child or of a employee pension fund to cover my op- years. child and the parent with whom the child is erating loss.’’ The bill addresses the law enforcement and living. If you did that, you would be on your prosecutorial concern that the current stat- Proposed subsection (e)(2) of section 228 way to doing 2 years hard tennis in ute does not adequately address more serious amends the definition of ‘‘State,’’ currently some minimum security prison because instances of nonpayment of support obliga- in subsection (d)(2), to clarify the prosecu- it is against the law. You can’t do that. tions. A maximum term of imprisonment of tions may be brought under this statute in a And we ought not be able to do it in just six months does not meet the sentencing commonwealth, such as Puerto Rico. The goals of punishment and deterrence. Egre- current definition of ‘‘State’’ in section 228, the public sector either. gious offenses, such as those involving par- which includes possessions and territories of We are going to collect $78 billion ents who move from State-to-State to evade the United States, does not include common- more this year in Social Security reve- child support payments, require more severe wealths.∑ nues than we will expend in the Social penalties. By Mr. DORGAN (for himself, Mr. Security system. We will, just this Section 2 of the bill creates two new cat- DASCHLE, Mr. REID, Mrs. FEIN- year alone, accrue a $78 billion surplus egories of felony offenses, subject to a two- STEIN, Mr. FORD, Mr. HOLLINGS in Social Security. Why? Because we year maximum prison term. These are: (1) and Mr. WYDEN): need the money after the turn of the traveling in interstate or foreign commerce century when the baby boomers retire. with the intent to evade a support obligation S.J. Res. 12. A joint resolution pro- if the obligation has remained unpaid for a posing a balanced budget constitu- We have the biggest baby crop in the period longer than one year or is greater tional amendment; to the Committee history of our country. When that baby than $5,000; and (2) willfully failing to pay a on the Judiciary crop retires after the turn of the cen- support obligation regarding a child residing BALANCED BUDGET CONSTITUTIONAL tury, we are going to have the largest in another State, if the obligation has re- AMENDMENT strain on the Social Security system. mained unpaid for a period longer than two Mr. DROGAN. Mr. President, I rise Therefore, we are collecting more now years or is greater than $10,000. These of- today to introduce a constitutional than we need in the Social Security fenses, proposed 18 U.S.C. § 228(a) (2) and (3), system and that savings is going to be indicate a level of culpability greater than amendment for myself, Senator that reflected by the current six-month max- DASCHLE, Senator REID, Senator FEIN- used at the turn of the century to help imum prison term for a first offense. The STEIN, Senator HOLLINGS, Senator fund the system when we need it. level of culpability demonstrated by offend- FORD, and Senator WYDEN. But what is happening? What is hap- ers who commit the offenses described in The constitutional amendment will pening is that extra revenue is used as these provisions is akin to that dem- be familiar to most Senators because it just ordinary operating money and is onstrated by repeat offenders under current is about something that we are dis- used to say, ‘‘Well, now we have law, who are subject to a maximum two-year cussing a lot these days: balancing the reached a balanced budget in the year prison term. 2002,’’ when, in fact, the budget is not Proposed section 228(b) of title 18, United Federal budget. It is a constitutional States Code, states that the existence of a amendment to balance the Federal in balance at all. It appears in balance support obligation in effect for the time pe- budget. only because you use the Social Secu- riod charged in the indictment or informa- A number of us have taken the posi- rity revenue or trust funds to show a tion creates a rebuttable presumption that tion that we would support a constitu- balanced budget. the obligor has the ability to pay the support tional amendment to balance the budg- I want to demonstrate this with a obligation for that period. Although ‘‘ability et if the constitutional amendment is chart. This chart is important because to pay’’ is not an element of the offense, a the right kind of amendment. I want to I was at a hearing the other day and demonstration of the obligor’s ability to pay talk a little about the constitutional they had the debt clock at the hear- contributes to a showing of willful failure to ing—this clock that keeps running at pay the known obligation. The presumption amendment being proposed and the one in favor of ability to pay is needed because was proposed 2 years ago here in the $4,000 a second, or it is. The debt clock proof that the obligor is earning or acquiring U.S. Senate. keeps running and running. I said to income or assets is difficult. Child support I think fiscal discipline is necessary the chairman of the committee, Sen- offenders are notorious for hiding assets and in this country, because our fiscal pol- ator HATCH, the debt clock actually

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S759 makes the point I wanted to make at to use the Social Security trust funds fiscal year, unless three-fifths of the whole this hearing, because when you balance which are saved for another purpose to number of each House of Congress shall pro- the budget, presumably you have show a balanced budget when, in fact, vide by law for a specific excess of outlays stopped the debt clock from increasing. you are still increasing the Federal over receipts by a rollcall vote. If you balance the Federal budget, the debt and you still have increases each ‘‘SECTION 2. The limit on the debt of the Federal Government ought not be tak- year in the Federal deficit. United States held by the public shall not be increased, unless three-fifths of the whole ing on more debt. You have stopped the I have said before that I come from a town of 300 people and graduated in a number of each House shall provide by law increase in debt. But guess what hap- for such an increase by a rollcall vote. pens? In the very year in which the ma- high school class of nine. I probably ‘‘SECTION 3. Prior to each fiscal year, the jority party says it will have balanced didn’t take the fanciest math in the whole world, but back in my hometown President shall transmit to the Congress a the budget, the Federal debt will in- proposed budget for the United States Gov- crease by $130 billion, according to the cafe, if they sit around and start talk- ernment for that fiscal year in which total Congressional Budget Office. ing about what ‘‘balances’’ are and outlays do not exceed total receipts. what ‘‘deficits and debts’’ are, and if This is the debt. These are the num- ‘‘SECTION 4. No bill to increase revenue bers: $5.4 trillion in 2002, and it is still someone said, ‘‘Do you think it would shall become law unless approved by a ma- increasing on that year, by $130 billion. be appropriate to claim you have bal- jority of the whole number of each House by Why will the debt increase by $130 bil- anced the budget when the debt and a rollcall vote. deficit is still going to increase,’’ it lion in the year in which you claim you ‘‘SECTION 5. The Congress may waive the have balanced the budget? Answer: The wouldn’t take a lot of strong coffee to provisions of this article for any fiscal year budget isn’t in balance because you persuade people that that is not the in which a declaration of war is in effect. have collected the Social Security right way to approach it and that is The provisions of this article may be waived moneys that are an obligation because not an honest budget. for any fiscal year in which the United So we are introducing today a con- States is engaged in military conflict which you need to use them later. But then stitutional amendment to balance the causes an imminent and serious military you have brought them over here to budget that says when the budget is threat to national security and is so declared use them to say you have balanced the balanced, you will not have an increase by a joint resolution, adopted by a majority budget. in the Federal debt. You will have of the whole number of each House, which We have not balanced the budget becomes law. turned that debt clock into a stop- until and unless we stop the Federal watch: no more increases in Federal ‘‘SECTION 6. The Congress shall enforce and debt increases. And the proposal to bal- debt and no more Federal deficits. implement this article by appropriate legis- ance the budget before the Judiciary There is a right way to do things and a lation, which may rely on estimates of outlays and receipts. Committee does not do that. The con- wrong way to do things. gressional majority claimed that its We propose that if we change the ‘‘SECTION 7. Total receipts shall include all budget plan would reach balance, but U.S. Constitution, we do it the right receipts of the United States Government except those derived from borrowing. Total then the Congressional Budget Office way. We propose that no one enshrine says the deficit for that year is $104 bil- outlays shall include all outlays of the in the Constitution an opportunity to United States Government except for those lion, and the debt increases by $130 bil- misuse up to $3 trillion of Social Secu- for repayment of debt principal. The receipts lion. This is a giant ruse. It, unfortu- rity revenues that are taken from (including attributable interest) and outlays nately, dishonestly uses the Social Se- workers’ paychecks with a solemn of the Federal Old-Age and Survivors Insur- curity trust funds for a purpose that promise: this tax taken from your pay- ance and the Federal Disability Insurance Congress never intended. check goes into a trust fund to be used Trust Funds (as and if modified to preserve I know a little something about this for only one purpose, and that is to the solvency of the Funds) used to provide because in 1983 I was on the House fund the Social Security system. old age, survivors, and disabilities benefits Ways and Means Committee when the Some in this Congress, believing dou- shall not be counted as receipts or outlays Social Security reform bill was en- ble-entry bookkeeping means you use for purposes of this article. acted. When it was enacted, it was de- the same money twice, have said we ‘‘SECTION 8. This article shall take effect termined there would be savings for can promise that to the workers and beginning with fiscal year 2002 or with the then we can also use their money as an second fiscal year beginning after its ratifi- the future when the Social Security cation, whichever is later.’’. trust funds would be needed. I offered accounting entry over here to claim we an amendment that day 14 years ago in have in fact reached a balanced budget. Mr. HOLLINGS. I thank the distin- the committee saying, ‘‘If you do not That is wrong. It is certainly the guished Chair. Let me thank my distin- put these savings aside and out of the wrong way to amend the U.S. Constitu- guished colleague from North Dakota. reach of people who want to use them tion. And we propose that when this Senator DORGAN has been forthright for other purposes, they will not in fact Congress acts on a constitutional and persistent on this particular score. be saved.’’ Now these have grown to amendment, it act on an amendment He has given us the necessary leader- significant surpluses, and they are not that does the right thing—the right ship to bring truth in budgeting. out of reach. They are supposed to be thing for workers, the right thing for I will never forget when we started retired folks in this country, but espe- out of reach because of what the Sen- out in this budget process back in 1973 cially the right thing to balance this ator from South Carolina did when he and 1974—and I am the only remaining country’s books and prevent us from wrote section 13301 of the Budget En- Member in either body, House and Sen- continually seeing an increase in debt forcement Act, but they are not out of ate, that still serves on that Budget reach. They are used to show a bal- and deficits year after year. Mr. President, we intend to talk Committee—the litany was all for a 10- anced budget when the budget is not in about this later today, but I am de- year period and, particularly up balance. lighted to see that my colleague from through Gramm-Rudman-Hollings, So what we have done is very simply Kentucky, Senator FORD, is here, and about truth in budgeting. No more say, go ahead and pass a constitutional my colleague, Senator HOLLINGS from smoke and mirrors, no more rosy sce- amendment to balance the budget. South Carolina. Both Senators are co- narios and those kinds of things—cer- Let’s do it the right and honest way. sponsoring this constitutional amend- tainly no use of trust funds to obscure Let us make sure that the massive sur- ment. the actual size of the deficit. pluses that we are going to accrue in Mr. President, I ask unanimous con- It is very easy to determine what a the Social Security system are set sent that the text of the joint resolu- deficit is. All you need to do is find out aside, not counted as ordinary revenue, tion be printed in the RECORD. what the debt is this year and then and that we balance the budget and There being no objection, the joint what the debt is the ensuing year, and save the Social Security trust fund rev- resolution was ordered to be printed in a simple subtraction will determine for enues that are being taken out of the RECORD, as follows: you, if you please, that the debt this workers’ paychecks for that very pur- S.J. RES. 12 past fiscal year, for 1996, was $261 bil- pose. Resolved by the Senate and House of Rep- lion—not $107 billion. Not $107 billion, Last evening I was on the phone with resentatives of the United States of America in $261 billion. Congressman MARK NEUMANN from Congress assembled, (two-thirds of each House Wisconsin of the House of Representa- concurring therein), That the following article I ask unanimous consent to have tives. Incidentally, he is a Republican is proposed as an amendment to the Con- printed in the RECORD, if you please, a Congressman from Wisconsin. He feels stitution of the United States, which shall be chart which shows that the U.S. budget valid to all intents and purposes as part of ‘‘busts’’ the trust funds. It shows the VerDateexactly Mar 15 2010 the 22:29same Oct 24,way 2013 and Jkt says081600 there PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY the Constitution when ratified by the legis- are a couple dozen Members of the trust fund surpluses, the real deficit, latures of three-fourths of the several States the gross Federal debt, and the gross House who feel exactly the same way. within seven years after the date of its sub- Th t t b l th b d t Th interest costs S760 CONGRESSIONAL RECORD — SENATE January 28, 1997

U.S. budget Gross Federal President and year (outlays—in Trust funds Real deficit Annual def- debt (bil- Gross interest billions) icit change lions)

Truman: 1945 ...... 92.7 5.4 ...... 260.1 ...... 1946 ...... 55.2 3.9 ¥10.9 ...... 271.0 ...... 1947 ...... 34.5 3.4 +13.9 ...... 257.1 ...... 1948 ...... 29.8 3.0 +5.1 ...... 252.0 ...... 1949 ...... 38.8 2.4 ¥0.6 ...... 252.6 ...... 1950 ...... 42.6 ¥0.1 ¥4.3 ...... 256.9 ...... 1951 ...... 45.5 3.7 +1.6 ...... 255.3 ...... 1952 ...... 67.7 3.5 ¥3.8 ...... 259.1 ...... 1953 ...... 76.1 3.4 ¥6.9 ...... 266.0 ...... Eisenhower: 1954 ...... 70.9 2.0 ¥4.8 ...... 270.8 ...... 1955 ...... 68.4 1.2 ¥3.6 ...... 274.4 ...... 1956 ...... 70.6 2.6 +1.7 ...... 272.7 ...... 1957 ...... 76.6 1.8 +0.4 ...... 272.3 ...... 1958 ...... 82.4 0.2 ¥7.4 ...... 279.7 ...... 1959 ...... 92.1 ¥1.6 ¥7.8 ...... 287.5 ...... 1960 ...... 92.2 ¥0.5 ¥3.0 ...... 290.5 ...... 1961 ...... 97.7 0.9 ¥2.1 ...... 292.6 ...... Kennedy: 1962 ...... 106.8 ¥0.3 ¥10.3 ...... 302.9 9.1 1963 ...... 111.3 1.9 ¥7.4 ...... 310.3 9.9 Johnson: 1964 ...... 118.5 2.7 ¥5.8 ...... 316.1 10.7 1965 ...... 118.2 2.5 ¥6.2 ...... 322.3 11.3 1966 ...... 134.5 1.5 ¥6.2 ...... 328.5 12.0 1967 ...... 157.5 7.1 ¥11.9 ...... 340.4 13.4 1968 ...... 178.1 3.1 ¥28.3 ...... 368.7 14.6 1969 ...... 183.6 ¥0.3 +2.9 ...... 365.8 16.6 Nixon: 1970 ...... 195.6 12.3 ¥15.1 ...... 380.9 19.3 1971 ...... 210.2 4.3 ¥27.3 ...... 408.2 21.0 1972 ...... 230.7 4.3 ¥27.7 ...... 435.9 21.8 1973 ...... 245.7 15.5 ¥30.4 ...... 466.3 24.2 1974 ...... 269.4 11.5 ¥17.6 ...... 483.9 29.3 Ford: 1975 ...... 332.3 4.8 ¥58.0 ...... 541.9 32.7 1976 ...... 371.8 13.4 ¥87.1 ...... 629.0 37.1 Carter: 1977 ...... 409.2 23.7 ¥77.4 ...... 706.4 41.9 1978 ...... 458.7 11.0 ¥70.2 ...... 776.6 48.7 1979 ...... 503.5 12.2 ¥52.9 ...... 829.5 59.9 1980 ...... 590.9 5.8 ¥79.6 ...... 909.1 74.8 Reagan: 1981 ...... 678.2 6.7 ¥85.7 [¥6.1] 994.8 95.5 1982 ...... 745.8 14.5 ¥142.5 [¥56.8] 1,137.3 117.2 1983 ...... 808.4 26.6 ¥234.4 [¥91.9] 1,371.7 128.7 1984 ...... 851.8 7.6 ¥193.0 [+41.4] 1,564.7 153.9 1985 ...... 946.4 40.6 ¥252.9 [¥59.9] 1,817.6 178.9 1986 ...... 990.3 81.8 ¥303.0 [¥50.1] 2,120.6 190.3 1987 ...... 1,003.9 75.7 ¥225.5 [+77.5] 2,346.1 195.3 1988 ...... 1,064.1 100.0 ¥255.2 [¥29.7] 2,601.3 214.1 Bush: 1989 ...... 1,143.2 114.2 ¥266.7 [¥11.5] 2,868.0 240.9 1990 ...... 1,252.7 117.2 ¥338.6 [¥71.9] 3,206.6 264.7 1991 ...... 1,323.8 122.7 ¥391.9 [¥53.3] 3,598.5 285.5 1992 ...... 1,380.9 113.2 ¥403.6 [¥11.7] 4,002.1 292.3 Clinton: 1993 ...... 1,408.2 94.2 ¥349.3 [+54.3] 4,351.4 292.5 1994 ...... 1,460.6 89.1 ¥292.3 [+57.0] 4,643.7 296.3 1995 ...... 1,514.4 113.4 ¥277.3 [+15.0] 4,920.0 332.4 1996 ...... 1,560.0 154.0 ¥261.0 [¥16.3] 5,181.0 344.0 Note.—Historical Tables, Budget of the U.S. Government FY 1996; Beginning in 1962 CBO’s 1995 Economic and Budget Outlook.

Mr. HOLLINGS. You see, by sub- 1996 Social Security, a net of some $10 bil- tracting last year’s debt from this Deficit ...... 107 lion from Medicare, some $42 billion Trust Funds: year’s debt, the increase of the debt from the military and civilian retire- Social Security ...... 66 over the last fiscal year gives us a def- Medicare HI ...... ¥4 ment funds, banking and Treasury icit of $261 billion. Immediately the Medicare SMI ...... 14 loans amounted to some $36 billion, for question is: How do we all run around Military, civilian, other ...... 42 a total of $154 billion. claiming that we have a $107 billion Trying to put Government on a pay- deficit? The truth of the matter is that Total ...... 118 as-you-go basis has been my intent we go and borrow from other trust Additional borrowing: since I arrived here 30 years ago. I bal- funds. Banking ...... 16 anced the budget in South Carolina, I ask unanimous consent at this par- Treasury loans ...... 20 Real deficit ...... 261 and as Governor I received the first ticular point to have printed in the Gross interest ...... 344 AAA credit rating of any Southern RECORD a list of those particular bor- NOTE.—The HI part of Medicare is projected to go State, ahead of Texas on up through rowings in trust funds. broke by 2001. Based on numbers reported by the Maryland. I am proud of running Gov- Treasury Department. There being no objection, the mate- ernment on a pay-as-you-go basis. rial was ordered to be printed in the Mr. HOLLINGS. You will see that we RECORD, as follows: had in 1995 a debt of $4.920 trillion and I worked with George Mahon back in Gross debt 1996 ...... 5,181 a gross debt in 1996 of $5.181 trillion. So 1968–69, and we balanced the budget Gross debt 1995 ...... 4,920 the difference was $261 billion. And the under President Lyndon Johnson. Inci- reason that we listed the $107 billion is dentally, we did not use Social Secu- Difference ...... 261 because we borrowed $66 billion from rity trust funds. Even though he

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S761 changed it to the unified budget, at They refer to 75 years several times in chairman, the Senator from New Mex- this particular time the use of the the report. On page 5, statement 5, 75 ico, be printed in the RECORD. funds was not necessary to balance the years. They were trying to provide sol- There being no objection, the mate- budget. So we have to credit President vency to the year 2056. In the 75 years rial was ordered to be printed in the Johnson with the last balanced budget ending in 2056, we were going to have a RECORD, as follows: we have had in that 30-year period. solvent surplus, a redeemable Social ADDITIONAL VIEWS OF MR. DOMENICI By the early 1980’s, we realized that Security trust fund. And they rec- It is somewhat ironic that the first legisla- Social Security was going broke, and ommended it be put off budget, not in- tive mark-up in the 16 year history of the we came in here in a very formal fash- cluded in the unified budget, and not Senate Budget Committee produced a bill ion after a wonderful study by Alan expended for other matters. that does not do what its authors suggest Greenspan, the present Chairman of Now, let us get to that particular and, more importantly, weakens the fiscal the Federal Reserve Board. We passed point about the taxes Congress voted discipline inherent in the Gramm-Rudman- the Greenspan Commission program of for in 1983, because when you continue Hollings budget law. tax increases in order to make Social doing what we are doing now, you vio- I voted for Senator Hollings’ proposal be- late the trust. Back in 1983 we did not cause I support the concept of taking Social Security solvent. Security out of the budget deficit calcula- Let me go right now to the Green- vote an increase in the payroll taxes tion. But I cast this vote with reservations. span Commission report, and you will for defense or for housing or for welfare The best way to protect Social Security is find therein that ‘‘a majority of the or for foreign aid or for the expenses of to reduce the Federal budget deficit. We need members of the national commission the President or the Congress. It was a to balance our non-Social Security budget so recommends that the operations of the trust fund. You would have never got- that the Social Security trust fund surpluses OASI, DI, HI, SMI, trust funds,’’ which ten a majority vote in this national can be invested (by lowering our national is Social Security trust funds, ‘‘should Government, in this Congress of the debt) instead of used to pay for other Federal be removed from the unified budget. United States; you would have never operating costs. We could move toward this gotten an affirmative vote, as we did in goal without changing the unified budget, a The national commission believes that concept which has served us well for over changes in Social Security programs a bipartisan fashion, to increase the payroll taxes for the other instances of twenty years now. should be made only for programmatic Changes in our accounting rules without reasons,’’ and not—not—Mr. President, Government. We all pledged that that real deficit reduction will not make Social for balancing the budget. money was going into Social Security, Security more sound. In fact, we could make When we debated this, we increased and to make sure that the trust was matters worse by opening up the trust funds the taxes so that we would keep Social maintained we voted it formally in to unrestrained spending. Under current law, Security solvent until the distin- July 1990. the trust funds are protected by the budget I refer, as a past chairman of the process. Congress cannot spend the trust guished occupant of the Chair was Budget Committee, to the conference fund reserves without new spending cuts or ready to receive his amount. This par- report of the Committee on the Budget revenue increases in the rest of the budget to ticular Senator is already receiving it. on the Social Security Preservation meet Gramm-Rudman-Hollings deficit reduc- I am paying into Social Security. Sen- Act, dated July 10, 1990. If you see, at tion requirements. If we take Social Secu- rity out of GRH without any new protection ator THURMOND and I are also receiving that particular point on page 20, there Social Security. But, Mr. President, for the trust funds, Congress could spend the was a Hollings motion to report the So- reserves without facing new spending cuts or you are not going to receive it under cial Security Preservation Act. It the Domenici balanced budget to the revenue increases in other programs. And if passed by a vote of 20 to 1—only the we spend the trust fund reserves today, we Constitution. They absolutely prohibit distinguished Senator from Texas, Mr. will threaten the solvency of the Social Se- it in the wording of this particular GRAMM, voted against it. All of the curity program, putting at risk the benefits amendment. other present Senators voted it out at we have promised to today’s workers. Let me show you exactly what I am that particular time. Of course, I also understand that we might saying. You come right now to the res- Then, of course, later on the floor of be able to restore some public trust by tak- olution, S.J. Res. 1, just put in a couple the U.S. Senate we had a vote of 98 to ing Social Security out of the deficit cal- days ago, and you will find: 2. It was on October 18, 1990. A bipar- culation. Trust that we in Congress are not Total receipts shall include all receipts of ‘‘masking the budget deficit’’ with Social Se- tisan vote of 98 Senators here said, curity. That is why I believe we should take the U.S. Government except those derived Take Social Security and put it out as from borrowing. Total outlays shall include Social Security out of the deficit, but only if a trust fund, not a unified budget. we provide strong protection against spend- all outlays of the U.S. Government except It is very interesting to read in this for those for repayment of debt. ing the trust fund reserves. We need a particular Social Security Preserva- ‘‘firewell’’ around those trust funds to make That repeals section 13–301. And if tion Act, the language—and I want all sure the reserves are there to pay Social Se- there were any doubt about it, let us the Members’ attention to this, be- curity benefits in the next century. Without read section 1. cause this is the present chairman of a ‘‘firewall’’ or the discipline of budget con- Total outlays for any fiscal year shall not the Budget Committee—I ask unani- straints, the trust funds would be unpro- exceed total receipts for that fiscal year. mous consent for 5 additional minutes. tected and could be spent on any number of I repeat very calmly, very clearly: The PRESIDING OFFICER. Without costly programs. Unfortunately, the Hollings bill does not ‘‘Total outlays for any fiscal year shall objection, it is so ordered. Mr. HOLLINGS. I refer, on page 29, to protect Social Security, which is why Sen- not exceed total receipts for that fiscal ator Nickles and I offered our ‘‘firewall’’ year—unless three-fifths of the whole the additional views, by Mr. DOMENICI, amendment, defeated by a vote of 8 to 13. Congress votes it.’’ the present chairman of our Budget The amendment, drafted over the last six So that means that the very intent of Committee. I quote: months by myself and Senators Heinz, Rud- the Greenspan Commission, namely I voted for Senator HOLLINGS’ proposal be- man, Gramm, and DeConcini, included: a 60 that surpluses be built up to protect cause I support the concept of taking Social vote point of order against legislation which the baby boomers into the next genera- Security out of the budget deficit calcula- would reduce the 75 year actuarial balance of tion. But I cast this vote with reservations. tion—that money, even if it were the Social Security trust funds; additional And what was his reservation? It was Gramm-Rudman-Hollings deficit reduction saved, even if the surplus were built up requirements in all years in which legisla- and not being expended, as is the case— that my provision was not strong enough. He wanted to build a firewall. tion lowered the Social Security surpluses; that money under this particular con- and notification to Social Security taxpayer He goes on to say: stitutional amendment could not be ex- on the Personal Earnings and Benefit Esti- pended. You would have to cut right We need a firewall around those trust mate Statements (PEBES) each time Con- funds to make sure the reserves are there to straight across the board. And let me gress lowered the reserves available to pay pay Social Security benefits in the next cen- benefits to future retirees. be specific on just exactly what the tury. Without a firewall or the discipline of Greenspan Commission stated at that With just one exception, the other side of budget constraints, the trust funds would be the aisle voted against this protection for particular time. If you refer to state- unprotected and could be spent on any num- Social Security beneficiaries. ment 5 on page 2, they talk about for ber of costly programs. Furthermore, the Hollings bill says noth- the ‘‘75-year valuation period, ending I ask unanimous consent that these ing about how or when we will achieve bal- with 2056.’’ You can move on further. additional views of the distinguished ance in the non-Social Security budget. The

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S762 CONGRESSIONAL RECORD — SENATE January 28, 1997 bill simply takes Social Security out of the the Constitutional amendment to require a Mr. HOLLINGS. Mr. President, he deficit calculation. If enacted, the Hollings balanced federal budget. When that debate said: bill would require $173 billion in deficit re- begins, some Senators will push to remove It is true that Social Security is currently duction in 1991 to meet the statutory GRH Social Security from the balanced budget re- running surpluses, and these surpluses offset target (see attached table). Obviously, that quirement. deficit spending in the rest of the budget. is not going to happen. I have always believed this effort to ex- I believe we need to extend Gramm-Rud- empt Social Security from the Constitu- Well, heavens above, that is what we man-Hollings to ensure we have the dis- tional amendment was more of a diversion are trying to stop. We are not trying to cipline to achieve balance in the non-Social than anything else. It is raised to confuse pass a constitutional amendment as a Security portion of the budget. The Budget the debate and provide a rationale for some subterfuge to the American people. He Summit negotiators are discussing a goal of to oppose the effort. comes now and says we, who want to $450 to $500 billion in deficit reduction over Nontheless, in preparation for debate in the next five years. Once we reach an agree- protect Social Security—as he voted to the Senate, I thought it was important to re- do in the Budget Committee, and pro- ment, that plan should be the framework for view with you the consequences of such a extending the GRH law. proposal so that we can all effectively debate vided in his formal views in the Budget I offered a Sense of the Congress amend- it using facts. Committee report, and thereupon, as ment during the mark-up expressing this One of the arguments made by those who he did on the floor of the U.S. Senate— view. I offered this to put the Hollings bill in push for excluding Social Security from the are using the surpluses to ‘‘offset def- some context. balanced budget amendment is that exclud- But the Democratic members of the Com- icit spending in the rest of the budget.’’ ing Social Security will force us to ‘‘save’’ mittee refused to consider even an amend- That is a gimmick. That is a subter- the Social Security surpluses and therefore ment acknowledging the facts about our fuge. He expresses concern because we budget situation, rejecting my proposal by enhance fiscal responsibility. might build up deficits for Social Secu- This is only a very small part of the story. another 8 to 13 vote. In fact, the Chairman It is true that Social Security is currently rity in the next century. How about indicated that there was some concern on his running surpluses, and these surpluses offset our deficit to Social Security this side of the aisle about extending the Gramm- deficit spending in the rest of the budget. If minute? Spending $66 billion, this past Rudman-Hollings discipline. One might infer that, for some, this mark-up was really an the balanced budget requirement excludes year over $70-some billion, we owe So- effort to kill Gramm-Rudman-Hollings. Social Security, we would be required by the cial Security this minute $570 billion I am not sure what we accomplished in re- Constitution to achieve balance in the ‘‘on- and by the year 2002 we will owe it $1 porting out a bill with no protection for So- budget’’ portion of the federal government— trillion. cial Security and with no suggestion of what which is everything except Social Security. Who is going to raise taxes $1 trillion we think should happen regarding the deficit The total, or unified, budget—which is the sum of the ‘‘on-budget’’ programs and Social to make Social Security solvent? targets. I, for one, do not want to do any- I ask unanimous consent to have thing which could endanger Social Security Security—would therefore be in surplus in or Gramm-Rudman-Hollings budget dis- amounts equal to the Social Security sur- printed in the RECORD, with this lim- cipline. At a minimum, I will offer the ‘‘fire- pluses. Between 2002 and 2018, these surpluses ited time, the Report of the Center on wall’’ amendment to protect Social Security would total $1.2 trillion in 1996 dollars. Budget and Policy Priorities. should the reported bill be considered by the It should go without saying that, when we There being no objection, the report full Senate. are amending the Constitution—now into its was ordered to be printed in the PETE V. DOMENICI. third century—we should take the long view. RECORD, as follows: And in the long run, these near term Social THE BALANCED BUDGET AMENDMENT AND Security surpluses will be overwhelmed by CBO JUNE BASELINE DEFICIT ESTIMATES SOCIAL SECURITY [Dollars in billions] massive, long-term Social Security deficits. These deficits are projected to total $9.3 In recent years, Congress has considered 1991 1992 1993 1994 1995 trillion in 1996 dollars between 2019 and 2050, two versions of the balanced budget amend- with a deficit of about $630 billion in 2050 ment. The version supported by the Repub- Baseline deficit exclud- lican Congressional leadership (herein ing RTC...... $164 $158 $162 $160 $142 alone, again in constant 1996 dollars. Baseline deficit including If it is true that excluding Social Security termed the ‘‘Leadership version’’) requires RTC ...... 232 239 194 146 138 from the balanced budget amendment would the ‘‘unified budget’’ to be balanced each Social Security surplus ... 73 83 95 109 124 year, including Social Security. The other Baseline deficit exclud- force us to ‘‘save’’ the short-term surpluses, ing RTC, and exclud- it is equally true that excluding Social Secu- version, which Senators Wyden, Feinstein, ing Social Security rity would allow us to run massive deficits Dorgan and others introduced in the last surplus ...... 237 241 257 269 266 Congress, requires the budget exclusive of Baseline deficit including equal to the deficits that are projected to RTC, and excluding occur in the Social Security trust funds be- Social Security to be in balance. Social Security surplus 305 322 289 255 262 ginning in 2019. The version that includes Social Security GRH targets ...... 64 28 0 0 0 in the unified budget poses serious dangers Deficit reduction required These deficits would be real deficits—just to meet GRH targets like the deficits we are experiencing today. for the Social Security system. It also is in- from: Baseline deficit And they would have the same negative eco- equitable to younger generations, as it would excluding RTC, and likely cause those who are children today to excluding Social Secu- nomic consequences: lower national savings, rity surplus...... 173 213 257 269 266 higher interest rates, lower investment and be saddled with too heavy a tax load when Baseline deficit including productivity, and sluggish growth. The only they reach their peak earnings years. The RTC, and excluding Wyden/Feinstein version does not pose these Social Security surplus 241 294 289 255 262 difference is that these deficits would be much larger than anything we have ever ex- problems. Prepared by SBC Minority Staff, 23-Jul-90. perienced, and therefore the consequences BACKGROUND Mr. HOLLINGS. So at that particular would be much worse. In coming decades, Social Security faces a Ironically, these massive and unprece- time, and when 98 percent of this U.S. demographic bulge. The baby boomers are so dented deficits would be specifically sanc- numerous that when they retire, the ratio of Senate voted for it, we had, if you tioned by an amendment to the Constitution workers to retirees will fall to a low level. please, the distinguished chairman who calling for ‘‘balanced budgets’’ excluding So- This poses a problem because Social Secu- was very much concerned that it was cial Security. Congress could continue to rity has traditionally operated on a ‘‘pay-as- not enough protection. pass so-called ‘‘balanced budgets’’ while run- you-go’’ basis. The payroll taxes contributed Now, here is what he writes today— ning up massive new debt which would tre- by today’s workers finance the benefits of to- you will see the difference here—on mendously burden our economy. day’s retirees. Because there will be so many January 13, 1997 to Republican col- The attached chart shows graphically what retirees when the baby boomers grow old, leagues, the statement of Senator I have just described. ‘‘On-budget’’ would however, it will be difficult for the workers show a zero deficit throughout the time pe- DOMENICI to his Republican colleagues of that period to carry the load without here earlier this month. riod, as required by the Constitution. The large increases in payroll taxes. total budget, which includes Social Security, The acclaimed 1983 bipartisan Social Secu- Mr. President, I ask unanimous con- would show surpluses for two decades or so rity commission headed by Alan Greenspan sent that letter be printed in the followed by massive and unprecedented defi- recognized this problem. It moved Social Se- RECORD. cits. curity from a pure ‘‘pay-as-you-go’’ system There being no objection, the letter It should be obvious from this analysis to one under which the baby boomers would was ordered to be printed in the that, contrary to assertions by some who contribute more toward their own retire- RECORD, as follows: want to exclude Social Security, such a ment. As a result, the Social Security sys- U.S. SENATE, move will weaken fiscal responsibility, not tem is now building up surpluses. By 2019, Washington, DC, January 13, 1997. strengthen it. these surpluses will equal $3 trillion. After DEAR REPUBLICAN COLLEAGUES: We are Sincerely, that, as the bulk of the baby boom genera- likely to debate early in the 105th Congress PETE V. DOMENICI. tion moves into retirement, the system will

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S763 draw down the surpluses. This is akin to table that younger generations will face a Unfortunately, the balanced budget what families do in saving for retirement combination of sharp payroll tax increases amendment pushed by the leadership during their working years and drawing and deep reductions in basic government would undermine the approach to pro- down their savings when they retire. services. tect Social Security in promoting This approach has important merits. It For these reasons, the Leadership BBA is promotes generational equity by keeping the highly inequitable to younger generations. generational equity. Under this version burden on younger generations from becom- Aggravating this problem, the Leadership of the balanced budget amendment, ing too high. In addition, if the Social Secu- version would undermine efforts to pass So- total Government expenditures in any rity surpluses were to be used in the next cial Security reforms in the near future. year, including expenditures for Social two decades to increase national saving rath- Why should Congress and the President both- Security benefits, could not exceed er than to offset the deficit in the rest of the er to make hard choices now in Social Secu- total revenues collected in the same budget, that would likely result in stronger rity that would build the surpluses to more year. The implications of this require- economic growth, which in turn would better ample levels if these surpluses can’t be used when the boomers retire? Under the leader- ment for Social Security are profound. enable the country to afford to support the It would mean that Social Security baby boomers when they reach their twilight ship BBA, there is no longer any reason to years. act now rather than to let Social Security’s surpluses could not be used to cover To pursue this approach, the tasks ahead financing problems fester. the benefit costs of the baby boom gen- are to reduce significantly or eliminate the LEADERSHIP BBA ALSO POSES OTHER PROBLEMS eration when it retires. The benefits deficit in the non-Social Security budget so FOR SOCIAL SECURITY for the baby boom generation would, that the surpluses in the Social Security Under the Leadership version, reductions instead, have to be financed in full by trust funds contribute in whole or large part in Social Security could be used to help Con- the taxes of those working in those to national saving, and to institute further gress and the President balance the budget years. The leadership version thus reforms in Social Security to restore long- when they faced a budget crunch. This could would eviscerate the central achieve- term actuarial balance to the Social Secu- lead to too little being done to reduce or rity system. Restoring long-term balance ment of the Greenspan Commission. eliminate deficits in the non-Social Security Mr. President, we have some 33 co- will almost certainly entail a combination of part of the budget and unnecessary benefit building the surpluses to somewhat higher cutbacks in Social Security. sponsors to Senate Joint Resolution 1, levels and reducing somewhat the benefits At first blush, that may sound implausible who now want to eviscerate the Social paid out when the boomers retire. politically. But the balanced budget amend- Security protections they voted for THE LEADERSHIP BBA AND SOCIAL SECURITY ment is likely to lead to periodic mid-year earlier. I have counted them. The ma- crises, when budgets thought to be balanced Unfortunately, the balanced budget jority of these cosponsors were here in at the start of a fiscal year fall out of bal- amendment pushed by the Leadership would 1990 when we voted to take it off budg- ance during the year, as a result of factors undermine this approach to protecting So- et—the others were not here in 1990 such as slower-than-expected economic cial Security and promoting generational eq- growth. When sizable deficits emerge with when this vote was taken, but 33 of uity. Under this version of the BBA, total only part of the year remaining, they will these cosponsors were here. government expenditures in any year—in- often be very difficult to address. Congress We wrote a letter just a few years cluding expenditures for Social Security ben- and the President may be unable to agree on ago to Senator Dole, some five Mem- efits—could not exceed total revenues col- a package of budget cuts of the magnitude bers on this side. It was a letter dated lected in the same year. The implications of needed to restore balance in the remaining this requirement for Social Security are pro- March 1, 1995. months of the year. Congress also may be I ask unanimous consent that letter found. It would mean that the Social Secu- unable to amass three-fifths majorities in rity surpluses could not be used to cover the be printed in the RECORD. both chambers to raise the debt limit and There being no objection, the letter benefit costs of the baby boom generation allow a deficit. when it retires. The benefits for the baby In such circumstances, the President or was ordered to be printed in the boom generation would instead have to be fi- possibly the courts may feel compelled to RECORD, as follows: nanced in full by the taxes of those working act to uphold the Constitutional require- U.S. SENATE, in those years. The Leadership version thus ment for budget balance. In documents cir- Washington, DC, March 1, 1995. would eviscerate the central achievement of culated in November 1996 explaining how the Hon. ROBERT J. DOLE, the Greenspan commission. amendment would work, the House co-au- Majority Leader, U.S. Senate, The reason the Leadership version would thors of the amendment—Reps. Dan Schaefer Washington, DC. have this effect is that even though the So- and Charles Stenholm—write that in such DEAR MR. LEADER: We have received from cial Security trust funds would have been ac- circumstances, ‘‘The President would be Senator Domenici’s office a proposal to ad- cumulating large balances, drawing down bound, at the point at which the ‘Govern- dress our concerns about using the Social Se- those balances when the baby boomers retire ment runs out of money’ to stop issuing curity trust funds to balance the Federal would mean that the trust funds were spend- checks.’’ This would place Social Security budget. We have reviewed this proposal, and ing more in benefits in those years than they benefits at risk. after consultations with legal counsel, be- were taking in, in taxes. Under the Leader- THE WYDEN/FEINSTEIN APPROACH lieve that this statutory approach does not ship version, that would result in impermis- adequately protect Social Security. Specifi- sible deficit spending. The Wyden/Feinstein approach resolves the problems the Leadership version creates in cally, Constitutional experts from the Con- By precluding use of the Social Security gressional Research Service advise us that surpluses in the manner that the 1983 legisla- the Social Security area. It reinforces the 1983 Social Security legislation rather than the Constitutional language of the amend- tion intended, the Leadership version would ment will supersede any statutory con- be virtually certain to precipitate a massive undermining that legislation. It does so both by requiring that the surpluses in the Social straint. crisis in Social Security about 20 years from We want you to know that all of us have Security system contribute to national sav- now, even if legislation had been passed in voted for, and are prepared to vote for again, ing rather than be used to finance deficits in the meantime putting Social Security in a balanced budget amendment. In that spirit, the rest of the budget and by enabling the long-term actuarial balance. Since the $3 we have attached a version of the balanced surpluses to be drawn down when the baby trillion surplus could not be used to help pay budget amendment that we believe can re- the benefits of the baby boom generation, boomers retire. The Wyden/Feinstein amendment thus im- solve the impasse over the Social Security the nation would face an excruciating choice proves intergenerational equity rather than issue. between much deeper cuts in Social Security To us, the fundamental question is wheth- undermining it. It ensures the surpluses will benefits that were needed to make Social Se- er the Federal Government will be able to be intact when they are needed, rather than curity solvent and much larger increases in raid the Social Security trust funds. Our pro- lent to the government for other purposes in payroll taxes than would otherwise be re- posal modifies those put forth by Senators the interim. quired. The third and only other allowable The amendment also ensures that Social Reid and Feinstein to address objections alternative would be to finance Social Secu- Security benefits will not be cut—and Social raised by some Members of the Majority. rity deficits in those years not by drawing Security checks not placed in jeopardy—if Specifically, our proposal prevents the So- down the Social Security surplus but instead the balanced budget amendment leads to fu- cial Security trust funds from being used for by slashing the rest of government so se- ture budget crises and showdowns. However deficit reduction, while still allowing Con- verely that it failed to provide adequately those crises would be resolved, Social Secu- gress to make any warranted changes to pro- for basic services, potentially including the rity would not be involved, because cuts in tect the solvency of the funds. The prior lan- national defense. Social Security would not count toward guage of the Reid and Feinstein amendments Given the numbers of baby boomers who achieving budget balance. was not explicit that adjustments could be will be retired or on the verge of retirement made to ensure the soundness of the trust in those years, deep cuts in Social Security Mr. HOLLINGS. I will read just one funds. benefits are not likely at that time. Thus, paragraph from this report and then If the Majority Party can support this so- under the leadership BBA, it is almost inevi- my statement will be complete. lution, then we are confident that the Senate

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S764 CONGRESSIONAL RECORD — SENATE January 28, 1997 can pass the balanced budget amendment the aisle proposed not touching the So- The PRESIDING OFFICER. The Sen- with more than 70 votes. If not, then we see cial Security trust fund until the year ator from South Carolina is recognized. no reason to delay further the vote on final 2008. Don’t touch it until 2008. That was Mr. HOLLINGS. Mr. President, there passage of the amendment. are those in public service who feel Sincerely, a tacit admission that the Republicans BYRON L. DORGAN. planned to utilize the trust funds—and that since posterity can do nothing for ERNEST F. HOLLINGS. I make that plural—to balance the them, they see no reason to do any- WENDELL H. FORD. budget. thing for posterity. They look to the HARRY M. REID. As my distinguished friend from next election rather than the next gen- DIANNE FEINSTEIN. South Carolina said, the money in the eration, and this is the contrary for Mr. HOLLINGS. Look, I have cospon- Social Security surplus, $71 billion in that. sored a balanced budget amendment to this year alone and accumulating to We are not vying for the AARP or the Constitution. I voted for a balanced nearly $3 trillion by the year 2019, will really the senior citizens. You don’t budget amendment to the Constitu- be too tempting, Mr. President, for a get any letters on what we are talking tion. But I am not going to, by gosh, Congress bound by the Constitution to about this morning from the AARP or play tricks with the Social Security balance the budget. any of those other seniors because they trust fund and repeal the law that I Once the Constitution is amended to got their money. They know that sur- worked so diligently to have enacted require that, and I quote—and you pluses are there right now. They are and signed, on November 5, 1990, by heard it from the Senator from South worried about Medicare, but they are George Walker Herbert Bush into law. Carolina—‘‘total outlays for any fiscal not worried about this one. So we said: Not one vote of Senator year shall not exceed total receipts for The youngsters, the baby boomers HATFIELD from Oregon, here, Mr. Lead- that fiscal year.’’ that we are trying to look out for, the er Dole, you can pick up five votes. Social Security, I say to my friends, unborn that we are looking out for now I cannot speak for the other four this is placed in imminent danger, and it is have been told they are never going to morning. I have not checked with likely that any attempt to exclude So- get it, so they are all running around them. But he can get the vote of this cial Security trust funds by imple- with IRAs and all these other kinds of particular Senator from South Caro- menting legislation—statutory lan- things totally distorting a social insur- lina, if they write the constitutional guage, that is—would be deemed then ance program. amendment so as not to violate the unconstitutional. Right to the point, and then I will sit trust that we so formally voted into So, protecting the Social Security down. We are doing this for the trust of law. trust fund is not just a seniors issue. the baby boomers, for the yet unborn Mr. FORD. Mr. President, if there We promised not to reduce benefits— in the next generation, not for the sen- ever was a statement that the Amer- voted here for current Social Security ior citizens right now. This is not a po- ican people should listen to, that was beneficiaries—in order to balance the litical thing for senior citizens or gim- just given by my distinguished col- budget. We are just not going to do it. mick or tactic, as they call it in this league from South Carolina. He is here But what about future retirees? morning’s Washington Post. This is with institutional memory about what Using the trust fund to offset other truth in budgeting and maintaining the transpired and why—the intent. Now spending undermines generational eq- trust that we all voted for 98 to 2. we find ourselves where this couple of uity, because under this scenario, total Mr. REID. Mr. President, I say to all words, balance the budget, supersedes Government expenditures in any year, those within the sound of my voice all the work that has been done, cuts it that the two men whom you have just off at its knees, so to speak, the Social including expenditures for Social Secu- heard are people with an institutional Security trust fund. I think the people rity benefits, could not exceed total memory, as Senator FORD has spoken. of this country, once they understand revenues collected in the same year. That is true. But also, these two Sen- what the Senator from South Carolina, That would mean that Social Security surpluses could not be used to cover ators are gentlemen who have balanced Mr. HOLLINGS, has just said, they will budgets in their own States. They are not be so interested in passing this par- the benefit costs of the baby-boom gen- Governors from two of the outstanding ticular balance the budget amendment. eration when it retires. I am one of those the other side criti- We raised the taxes in 1983. We made States in the Union, South Carolina cized last time, I am one of the six. I a difference, so we would be able to and Kentucky. They know what they changed my vote from balance the cover. So now we say we can’t expend are talking about in truth in budg- budget to against it. Why wouldn’t I? more than we take in, and the trust eting. I am very happy to have been able to Listen to Senator HOLLINGS, that is the fund is there so we can do it. So, there- reason I changed my vote. I have a re- fore, we break our word to generations sit on the floor and listen to these two sponsibility to the seniors. We prom- yet to come, as the Senator from South statements made by these two gentle- ised them we would not cut it or in- Carolina said to the occupant of the men who understand what we are talk- crease it to balance the budget, and we chair. The benefits, instead, would ing about when we talk about balanced voted 83 to 16 last year saying that. have to be financed in full by the taxes budgets. Of course, the three of us—the That was just last year. Was that a po- of those working in those years. Senator from Kentucky, the Senator litical gimmick? Was that a campaign Using the Social Security surplus to from South Carolina, the Senator from slogan? Or did we really mean it? I pay for other spending programs would Nevada—support a balanced budget. We hope 83 of us really meant it. But we not only bankrupt Social Security, but support a constitutional amendment to voted 83 to 16, saying we shall not raise would leave a system that needs long- balance the budget, but we want to or cut the Social Security in order to term reform in order to meet the make sure it is a truth-in-budgeting balance the budget. growth of future retirees virtually balanced budget amendment, one that I do not know where we are coming worthless. We need to reform and pro- protects senior citizens and, most im- from. You may fool all of the people tect the Social Security trust fund in portantly, protects the real contract some of the time; you can even fool order to fulfill our contract of retire- with America. That is the one that was some of the people all the time; but ment security to working Americans. developed some 50 years ago during the you can’t fool all of the people all the You make a dollar and they take out Great Depression when Social Security time. So what we are trying to do here your Social Security trust fund pay- was first enacted. now is fool the American people, say- ments—all of it. Excluding the Social We have an obligation to make sure ing to balance the budget it is going to Security trust fund from a constitu- that the moneys paid into that trust give tax cuts, it is going to give inter- tional amendment to balance the budg- fund by the employers and employees est rates cuts, it is going to do all et is an important first step in ful- is not used as a gimmick to balance the these fabulous things. But we turn filling our contract with our working budget. Of course, it is easy to balance right around and break our word to the Americans and with those who want us the budget if you use the hundreds of American people. to balance the budget. billions of dollars in the Social Secu- During the last debate on a balanced Mr. President, I yield the floor. rity trust fund. But let’s do it the hard budget amendment, the other side of Mr. HOLLINGS addressed the Chair. way. Let’s do it the right way. And

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S765 that is why, Mr. President, I was so gress,’’ Hatch said. ‘‘The idea of a Balanced ‘‘Section 5. The Congress may waive the elated, felt so good about the fact that Budget Amendment is not new—unfortu- provisions of this article for any fiscal year in the other body, there are Members nately, neither is the problem it is designed in which a declaration of war is in effect. of the House of Representatives in both to solve,’’ Hatch said. ‘‘Since the balanced The provisions of this article may be waived budget in 1969, Congress has promised bal- for any fiscal year in which the United parties who are talking about maybe anced budgets and failed to deliver them. States is engaged in military conflict which those few straggling voices in the Sen- With our national debt at nearly $5.3 trillion, causes an imminent and serious military ate who last year were able to talk we still have people telling us we do not need threat to national security and is so declared about the importance of the Social Se- the Balanced Budget Amendment. The truth by a joint resolution, adopted by a majority curity trust fund had something. is the only way to change Washington’s ad- of the whole number of each House, which Maybe we should look at what has gone diction to spending other people’s money is becomes law. on in the House when they pell-mell to use the pressure of a constitutional ‘‘Section 6. The Congress shall enforce and voted for a constitutional amendment amendment requiring a balanced budget.’’ implement this article by appropriate legis- ‘‘Last Congress, when the Amendment fell lation, which may rely on estimates of out- and, in the process, said that we are a mere one vote short of passage in the Sen- lays and receipts. going to destroy Social Security. ate, I vowed that we would be back to try ‘‘Section 7. Total receipts shall include all I think it is good that the other body and pass this amendment and put America receipts of the United States except those is talking about having a vote on a back on the course of fiscal responsibility,’’ derived from borrowing. Total outlays shall constitutional amendment that will the senator added. ‘‘Every one of the 55 Re- include all outlays of the United States Gov- protect Social Security. That is all publicans in the Senate are original cospon- ernment except for those for repayment of that we are asking. That seems fair. It sors and we are joined by seven strong Demo- debt principal. seems, if we are going to balance the crats giving us 62 original cosponsors. If only ‘‘Section 8. This article shall take effect five other senators join us we will have the beginning with fiscal year 2002 or with the budget, we should do it the right way. votes necessary. If everyone keeps their second fiscal year beginning after its ratifi- Finally, let me say this. Our position promises to their constituents and votes as cation, whichever is later.’’. has been strengthened during the past they said they would before the November Mr. HOLLINGS. I quote from this re- year. It has been strengthened because elections, we will pass the balanced budget lease. the bipartisan commission to study So- amendment.’’ Hatch noted that opponents to a constitu- Hatch noted that opponents to a constitu- cial Security has reported back, and tional amendment have tried and will con- they have said a number of things, but tional amendment have tried and will continue to try to divert attention from the tinue to try to divert attention from the for purposes of this statement, I think pressing issue of controlling our nation’s pressing issue of controlling our Nation’s the most important they have said is debt. ‘‘The fact is, contrary to opponent’s debt. The fact is, contrary to the opponents’ that all 13 members believe that all or scare tactics, the balanced budget amend- scare tactics, the balanced budget amend- part of the Social Security trust fund ment would ensure the long term stability of ment would ensure the long-term stability of moneys should be invested in the pri- social security and other retirement invest- Social Security and other retirement invest- vate sector in some way. I say, Mr. ments of every American, as well as long ments of every American as well as long- term growth of the United States economy. President, how can those moneys be in- term growth of the U.S. economy.’’ vested if there are not any? It is impos- The amendment introduced in the Senate Absolutely the contrary is the case. today is the same as the one introduced in sible. Absolutely the contrary is the case. the last Congress. It requires a balanced fed- You are not going to ‘‘ensure the long- So, if the 13 members believe some of eral budget by the year 2002. Any amend- the Social Security trust fund moneys ment to the Constitution needs a two-thirds term stability of Social Security’’ with should be invested in the private sec- approval in both houses of Congress as well this particular amendment. tor, then our constitutional amend- as ratification by three-fourths of the states. This is the Senator that put it into ment, which we are going to introduce Hatch held hearings on the amendment the Budget Committee back in July today, which says we want a balanced Friday in the Senate Judiciary Committee 1990 where we voted 20 to 1 to protect and will convene a second hearing on the budget but we want to do it excluding Social Security. Thereupon, on the amendment Wednesday, January 22, 1997 at floor of this Senate, 98 Senators—the Social Security, then I think we have 10:00 a.m. the support of those 13 members of the distinguished Presiding Officer was not COSPONSORS OF S.J. RES. 1—THE BALANCED present at that particular time—but 98 bipartisan commission. BUDGET AMENDMENT Mr. HOLLINGS addressed the Chair. Senators voted in the affirmative, sec- Mr. Hatch (for himself and Mr. Lott, Thur- tion 13–301 of the Budget Act signed The PRESIDING OFFICER. The Sen- mond, Craig, Nickles, Domenici, Stevens, ator from South Carolina. Roth, Bryan, Kohl, Grassley, Graham, Spec- into law by President Bush. That is Mr. HOLLINGS. Mr. President, I ter, Baucus, Thompson, Breaux, Kyl, what section 1 and section 7 of Senate have, in the last few minutes, secured Moseley-Braun, DeWine, Robb, Abraham, Joint Resolution 1 does—vitiate, or to what I observed last evening on tele- Ashcroft, Sessions, D’Amato, Helms, Lugar, use the language that I included from vision by a statement by the most dis- Chafee, McCain, Jeffords, Warner, Coverdell, the particular quote, ‘‘eviscerate the tinguished of distinguished Senators— Cochran, Hutchison, Mack, Gramm, Snowe, intent of the Greenspan Commission.’’ Allard, Brownback, Collins, Enzi, Hagel, there is none more responsible—the All this, after I worked to put into the Hutchinson, Roberts, Smith (OR), Bennett, law a provision saying ‘‘Thou shalt not distinguished Senator from Utah, Sen- Bond, Burns, Campbell, Coats, Faircloth, ator ORRIN HATCH. Frist, Gorton, Grams, Gregg, Inhofe, Kemp- use Social Security trust funds to ob- I now have his news release, Judici- thorne, McConnell, Murkowski, Santorum, scure the size of the deficit.’’ ary Committee, dated January 21, 1997. Shelby, Smith (NH), and Thomas. When you use that $107 billion deficit I ask unanimous consent that the TEXT OF THE BALANCED BUDGET AMENDMENT for last year’s figure, that is exactly statement be printed in its entirety in ‘‘Section 1. Total outlays for any fiscal what you are doing. So this is not a the RECORD. year shall not exceed total receipts for that scare tactic. There being no objection, the mate- year, unless three-fifths of the whole number Unfortunately, the media has picked rial was ordered to be printed in the of each House of Congress shall provide by up on the diversion because, as you can RECORD, as follows: law for a specific excess of outlays over re- see this morning’s paper here, our ceipts by a rollcall vote. BALANCED BUDGET AMENDMENT LEGISLATIVE friend Eric Pearman here says, ‘‘Presi- ‘‘Section 2. The limit on the debt of the dent Clinton intends to raise concerns PRIORITY FOR HATCH United States held by the public shall not be Washington, D.C. Balancing the budget increased, unless three-fifths of the whole about the potential impact of the topped Sen. Orrin Hatch’s legislative agenda number of each House shall provide by law amendment on the Social Security for the 105th Congress as 61 senators joined for such an increase by rollcall vote. trust fund, a tactic Democrats used him today in introducing a constitutional ‘‘Section 3. Prior to each fiscal year, the last time to defeat the amendment.’’ amendment requiring the President and Con- President shall transmit to the Congress a This is no tactic. I have not talked to gress to balance the federal budget and put proposed budget for the United States Gov- President Clinton about it. In a way, I an end to the growing addiction to deficit ernment for that fiscal year in which total do not welcome his joining in because spending. outlays do not exceed total receipts. ‘‘The Balanced Budget Amendment will ‘‘Section 4. No bill to increase revenue it tries to make it a partisan issue. It again be S.J. Res. 1 and that is appropriate shall become law unless approved by a ma- was bipartisan, 98 votes of 100 in this because it is the single most important piece jority of the whole number of each House by Senate when we put into law section of legislation that will be voted on this Con- a rollcall vote. 13–301. It was a Republican President

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S766 CONGRESSIONAL RECORD — SENATE January 28, 1997 that signed that into law. So it was not I believe in a balanced budget amend- programs; let’s get revenue sharing any Democratic tactic. It is truth in ment to the Constitution. I have co- back rather than Goals 2000; give the budgeting. And that is what we have a sponsored it. I have introduced it. I communities the revenue sharing to re- difficult time with. have voted for it. But not with this sit- build our educational system, the road- You can see again in here—and I use uation here, where having passed it beds of our railroads, and the infra- the quote from our distinguished col- into law, I am supposed to vote to re- structure of our highways and airports. league from Utah: peal my own trust and repeal my own Instead, the $50 billion is going to be Last Congress when the amendment failed law that I worked so hard on the Budg- frittered away with pollster politics: a by a mere one vote of passage in the Senate, et Committee to get. little here on capital gains, a little bit I vowed that we would be back to try and We had a conscience in those days. here for families, a little bit over here pass this amendment and put America back We had a conscience. Now, it’s all gim- for some higher education. We can do on the course of fiscal responsibility, mickry, it’s all pollster politics, unfor- way more on Pell grants than tax cuts the Senator added. tunately, on the floor of the National for higher education. We haven’t Every one of the 55 Republicans in the Sen- Government. Anything that is momen- fleshed that out for those eligible. ate are original cosponsors, and we are We have a wonderful opportunity, joined by 7 strong Democrats, giving us 62 tary, we fall. And right to the point, we original cosponsors. If only five other Sen- are not really taking care of the needs but instead I am afraid we are on track ators join us, we will have the votes nec- of America. now to get ourselves reelected. We are essary. If everyone keeps their promises to I was on a panel—since we have a few using the Government to get ourselves their constituents and votes as they said moments—recently of 18 distinguished reelected. We are not responding to the they would before the November elections, Senators and myself, and the question needs, and the kick-off of this par- we will pass a balanced budget amendment. was, how could President Clinton make ticular measure is totally political— Mr. President, it wasn’t one vote, it his mark now in history during the Senate Joint Resolution 1, the bal- was five votes. And we had the five next 4 years? And the conventional anced budget amendment to the Con- votes. We included it. I have that let- wisdom right across the board with stitution. I will cut the spending with ter, Mr. President, for the CONGRES- this particular panel, Mr. President, you. We will withhold on programs SIONAL RECORD. Here it is, dated March was that, look, there is not going to be with you. We will increase taxes, if you 1, 1995. We said at that particular time any honeymoon. The Democrats are can get some votes around here. My to Leader Dole, five Democratic Sen- after GINGRICH, and GINGRICH was after plan would not only reduce the deficit, ators. It didn’t fail by one vote, as they GINGRICH. So any honeymoon would be it would reduce the trade deficit. keep on saying. They had every oppor- short-lived. Very little would happen We are not willing to pay for what we tunity to pass it, and they have every on the domestic front here in the next are getting. That is the truth here in opportunity, I think, right at this mo- 4 years, just a little incremental ad- America. ment to pass it. They say ‘‘If everyone justment perhaps on Medicare, a little Mr. DASCHLE. Mr. President, today keeps their promises to their constitu- bit on welfare. But the President’s op- I join with Senator DORGAN and others ents,’’ but they want to eviscerate the portunity to make his mark in history in introducing a balanced budget commitment we have made to Social was in foreign policy. They rec- amendment to the Constitution. The Security. When they voted in 1990, that amendment we are offering is identical was a promise to their constituents in ommended—and it was a bipartisan group—what we ought to do is get com- to the one scheduled for markup in Ju- law. It is formalized in law, section diciary Committee with one essential 13301 of the Budget Act. That is what puters to the third world, get technology to the emerging nations. That difference: Our amendment would pro- we are trying to do, keep our promises tect Social Security by prohibiting the to our constituents. That is what we would make his mark in history. When you drive home today, go down counting of Social Security trust funds are doing, trying to keep our promise by Foggy Bottom, as I do, by the Wa- toward balancing the budget. to the Greenspan Commission. When The amendment to be considered in tergate, and you will see the homeless we raised the taxes, we didn’t raise the Judiciary Committee is likely to be lying on the streets of America. You taxes for foreign aid and welfare and the same as the one offered last year. will find this city in crime. You will food stamps. We raised the taxes for It simply requires a balanced budget by find the children on drugs. You will the Social Security trust fund—not for a date certain without any consider- find that schools are down, illiteracy is the seniors today, but as the Greenspan ation of the effect that it would have up. You will find the infrastructure, Commission report says, for the baby on Social Security. boomers in the next century. That is roads and bridges, haven’t been re- We offered the amendment we are in- what we are trying to do. That is why paired in 20 years. And those who are troducing today as an alternative in we are having such a difficult time. lucky enough to have a job are making the last Congress. If the proponents of The media is looking only at today’s less than what they were making some the Republican leadership amendment politics, and the seniors could not be 20 years ago. As we work on that NIH had accepted this single change, the less interested in today’s politics. They budget, the medical brains of America amendment would have been sent to are concentrating on Medicare and come with these research grants, but 80 the States 2 years ago with resounding their health costs. They know there is percent of the grants which are ap- bipartisan support. Instead, they in- a big surplus that is already built up. proved go unfunded. Medical and other sisted on an amendment that in the So they are going to get their Social research is languishing in this land. year it claims to balance the budget Security checks. But it’s the baby And here during this 4 years, we don’t will actually have a $104 billion deficit, boomers who are now misled into IRA’s have a war, inflation is down, and the masked by Social Security trust funds. and investments in the stock market deficit is coming down, to President We believe to enshrine the practice of and everything else, because they al- Clinton’s credit. using Social Security funds as a part of most believe, to a man or woman, that The economy, generally speaking— the calculation for a balanced budget is they are never going to get that the stock market—is strong. So this is just wrong. So our amendment would money. And we continue to make sure a beautiful opportunity. With the fall simply delete the Social Security trust they don’t get that money by passing of the Berlin Wall, where we had to funds from the calculations in deter- Senate Joint Resolution 1. sacrifice our economy heretofore dur- mining whether the budget is balanced. Now, I have talked to the leadership ing that 50-year period, we can now re- It would ensure that, for all perpetuity, and said, ‘‘Turn it around and make build that economy. We can come in Social Security will not be abused certain that we can carry out the trust now and flesh out the meaningful pro- again to balance the budget. Therefore, that we instituted into law back in grams that save us money in the long again this year, we will offer a bal- 1990.’’ We voted for this again last year run. There is no question that only 50 anced budget amendment to the Con- in another vote on the floor of the U.S. percent of those on Women, Infants, stitution that maintains a firewall be- Senate by an overwhelming 86 votes. If and Children, Head Start, and title I tween Social Security and rest of budg- we can carry out that promise to our for the disadvantaged are funded here et. constituents, you’ve got the Senator at the Federal level. Rather than Why must Congress exclude Social from South Carolina. Goals, let’s flesh out monetarily those Security? Looking back on the history

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S767 of the program, it becomes clear that Mr. President, this second point de- 97th Congress. Over the past 20 years, I to do otherwise would perpetuate a serves emphasis. Unless Social Secu- have devoted much time and attention massive fraud on the American tax- rity is exempted from a balanced budg- to promoting this idea because I be- payer. In 1977, and again in 1983, Con- et amendment, the reserves now accu- lieve that the single most important gress took bold steps to shore up Social mulating through the tax contribu- thing the Federal Government could do Security with major legislation to re- tions of America’s work force will not to enhance the lives of all Americans store solvency to the program. The in- be available as promised for retirees. and future generations is to balance tention was to forward fund the antici- The balanced budget amendment would the Federal budget. pated retirement needs of future gen- make a mockery of the supposed rea- Mr. President, Alexander Hamilton erations, especially the large cohort of son for the high payroll taxes currently once wrote that ‘‘* * * there is a gen- so-called baby boomers. endured by today’s workers. Even if eral propensity in those who govern, The result was successful in terms of those funds were saved as they should founded in the constitution of man, to generating large surpluses. This year be, they could not be used to pay for shift off the burden from the present to alone, the Government collects $72 bil- Social Security benefits in the future. a future day.* * *’’ lion more than it pays in benefits. Thus, the balanced budget amend- History has proven Hamilton correct. Since 1983, the trust funds have devel- ment proposed in the Judiciary Com- We have seen over the past 27 years, oped reserves of over $550 billion. mittee condones the continued reliance that deficit spending has become a per- This experiment has been far less on payroll taxes to finance general gov- manent way of life in Washington. Dur- successful than intended in terms of ernment expenditures. Keep in mind ing the past three decades, we have setting those surpluses aside. Instead that Social Security is funded by a witnessed countless ‘‘budget summits’’ of being saved to meet the retirement 12.4-percent payroll tax. It is collected and ‘‘bipartisan budget deals,’’ and we needs of future generations, the surplus only on the first $62,700 of income. This have heard, time and again, the prom- revenues are being spent as soon as arrangement forces low- and moderate- ises of ‘‘deficit reduction.’’ But despite they are collected to finance the defi- income taxpayers to pay a larger share all of these charades, the Federal budg- cits being run up in the rest of the of their income than higher-income et has never been balanced, and it re- budget. In other words, Social Security taxpayers. These taxes are justified by mains severely out of balance today. payroll taxes of hard-working Ameri- the progressive nature of Social Secu- The truth is, Mr. President, it will cans are being used to pay for pro- rity benefits. However, this rationale never be balanced as long as the Presi- grams having absolutely nothing to do would be eviscerated by enactment of dent and the Congress are allowed to with Social Security. shortchange the welfare of future gen- Mr. President, this practice must the proposed balanced budget amend- end. Congress should balance the budg- ment. It would absolutely prevent erations to pay for current consump- et without counting Social Security so these surplus payroll tax collections tion. A balanced budget amendment to the that those reserves will be there when from being used for their intended pur- Constitution is the only way possible they are needed. Consider the mag- pose. to break the cycle of deficit spending nitude of this problem. Over the next 6 Mr. President, 58 percent of tax- and ensure that the Government does years, by 2002, surpluses will total $525 payers pay more Social Security than billion. In 2002, when the budget sup- income taxes. These workers, and in- not continue to saddle our children and posedly balances, Congress will rely on deed all American taxpayers, reject the grandchildren with this generation’s $104 billion in Social Security reve- systematic abuse of dedicated payroll debts. Mr. President, everyone in America nues. taxes for purposes other than Social Raiding the trust funds borrows from Security. would benefit from a balanced Federal the future and places the burden on our We should stop playing with fire re- budget. The Congressional Budget Of- children and grandchildren. Congress garding the future of the Social Secu- fice has stated that a balanced Federal must not enshrine this practice in the rity system. Congress should not ap- budget would lower interest rates by Constitution. prove an amendment to the Constitu- up to 2 full percentage points. That If we adopt a balanced budget amend- tion that threatens Social Security’s would save the average American fam- ment without excluding Social Secu- future and makes a mockery of the fi- ily with a $75,000 mortgage on their rity, it would have the effect of revers- nancing system it has put in place. home, about $2,400 per year. It would ing an earlier decision by Congress to If Congress votes on our version of save the average student with an take the program off-budget. In 1990, the balanced budget amendment, it $11,000 student loan about $1,900. That the Senate voted 98 to 2 for an amend- will be approved with overwhelming bi- is real money put in the pockets of ment by the distinguished Senator partisan support. That would be the ap- hard-working Americans, simply by from South Carolina [Mr. HOLLINGS] to propriate note with which to begin the the Government balancing its books. take Social Security off-budget. The 105th Congress. Moreover, if the Government demand amendment proposed in the Judiciary for capital was reduced, that would in- Committee this year breaks that prom- By Mr. SHELBY: crease the private sector’s access to ise: Social Security could be used to S.J. Res. 13. A joint resolution pro- capital, which in turn, would generate pay for any other spending Congress posing an amendment to the Constitu- substantial economic growth and cre- chooses. tion of the United States which re- ate thousands of new jobs. If we do not properly craft a balanced quires—except during time of war and On the other hand, without a bal- budget amendment, the retirement se- subject to suspension by the Congress— anced budget amendment, the Govern- curity of today’s workers and future that the total amount of money ex- ment will continue to waste the tax- retirees will be at risk. By 2020, the pended by the United States during payers’ money on unnecessary interest trust fund reserves will total about $3 any fiscal year not exceed the amount payments. In fiscal year 1996, the Fed- trillion. At that time, however, when of certain revenue received by the eral Government spent about $241 bil- those reserves are needed, two cir- United States during such fiscal year lion just to pay the interest on the na- cumstances will make them unavail- and not exceed 20 per centum of the tional debt. That is more than double able. First, unless we balance the budg- gross national product of the United the amount spent on all education, job et not counting Social Security and ac- States during the previous calendar training, crime, and transportation tually build real reserves, no funds will year; to the Committee on the Judici- programs combined. be available in the future to draw ary. Mr. President, we might as well be down. Second, and equally impor- BALANCED BUDGET AMENDMENT TO THE taking these hard-earned tax dollars tantly, if Social Security outlays are CONSTITUTION and pouring them down a rat hole. We counted under a balanced budget Mr. SHELBY. Mr. President, today I could be putting this money toward amendment, any funds that are paid am introducing a balanced budget improving education, developing new out from a reserve will have to be off- amendment to the Constitution. This medical technologies, finding a cure for set in the same year with other tax in- is the same amendment which I have cancer, or even returning it to the peo- creases or spending cuts. introduced in every Congress since the ple who earned it in the first place. But

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S768 CONGRESSIONAL RECORD — SENATE January 28, 1997 instead, about 15 percent of the Federal a bill to amend title 18, United States outpatient self-management training budget is being wasted on interest pay- Code, to ban partial-birth abortions. services and uniform coverage of blood- ments because advocates of big govern- S. 7 testing strips for individuals with dia- ment continue to block all efforts to At the request of Mr. MCCAIN, his betes. balance the budget. name was added as a cosponsor of S. 7, S. 104 Mr. President, a balanced budget a bill to establish a United States pol- At the request of Mr. MURKOWSKI, the amendment will change all of that. It icy for the deployment of a national names of the Senator from Wyoming will put us on the path to begin paying missile defense system, and for other [Mr. THOMAS], the Senator from Vir- off our national debt, which is cur- purposes. ginia [Mr. ROBB], and the Senator from rently more than $5 trillion. This S 9 Kansas [Mr. BROWNBACK] were added as amendment will help ensure that tax- . cosponsors of S. 104, a bill to amend the payers’ money will not continue to be At the request of Mr. NICKLES, the Nuclear Waste Policy Act of 1982. wasted on interest payments. names of the Senator from Oklahoma Opponents of a balanced budget [Mr. INHOFE] and the Senator from Mis- S. 139 amendment act like it is something ex- sissippi [Mr. COCHRAN] were added as At the request of Mr. FAIRCLOTH, the traordinary. Mr. President, a balanced cosponsors of S. 9, a bill to protect in- names of the Senator from Mississippi budget amendment will only require dividuals from having their money in- [Mr. COCHRAN] and the Senator from the Government to do what every voluntarily collected and used for poli- Georgia [Mr. COVERDELL] were added as American already has to do: balance tics by a corporation or labor organiza- cosponsors of S. 139, a bill to amend ti- their checkbook. It is simply a promise tion. tles II and XVIII of the Social Security to the American people that the Gov- S. 15 Act to prohibit the use of Social Secu- ernment will act responsibly. At the request of Mr. LIEBERMAN, his rity and Medicare trust funds for cer- Mr. President, we do not need any name was added as a cosponsor of S. 15, tain expenditures relating to union more budget deals. We do not need any a bill to control youth violence, crime, representatives at the Social Security more ‘‘bipartisan’’ summits resulting and drug abuse, and for other purposes. Administration and the Department of in huge tax increases. What we need is At the request of Mr. KERREY, his Health and Human Services. a hammer to force the Congress and name was added as a cosponsor of S. 15, S. 143 the President to agree on a balanced supra. At the request of Mr. DASCHLE, the budget, not just for this year, but for- S. 29 name of the Senator from Nevada [Mr. ever. Mr. President, a constitutional At the request of Mr. LUGAR, the REID] was added as a cosponsor of S. amendment to balance the budget is name of the Senator from Nebraska 143, a bill to amend the Public Health the only such mechanism available. [Mr. HAGEL] was added as a cosponsor Service Act and Employee Retirement f of S. 29, a bill to repeal the Federal es- Income Security Act of 1974 to require ADDITIONAL COSPONSORS tate and gift taxes and the tax on gen- that group and individual health insur- S. 2 eration-skipping transfers. ance coverage and group health plans At the request of Mr. MCCAIN, his S. 30 provide coverage for a minimum hos- name was added as a cosponsor of S. 2, At the request of Mr. LUGAR, the pital stay for mastectomies and lymph a bill to amend the Internal Revenue name of the Senator from Nebraska node dissections performed for the Code of 1986 to provide tax relief for [Mr. HAGEL] was added as a cosponsor treatment of breast cancer. American families, and for other pur- of S. 30, a bill to increase the unified S. 181 poses. estate and gift tax credit to exempt At the request of Mr. GRASSLEY, the S. 3 small businesses and farmers from in- names of the Senator from Wyoming At the request of Mr. MCCAIN, his heritance taxes. [Mr. THOMAS], the Senator from Colo- name was added as a cosponsor of S. 3, S. 31 rado [Mr. ALLARD], and the Senator a bill to provide for fair and accurate At the request of Mr. LUGAR, the from Georgia [Mr. COVERDELL] were criminal trials, reduce violent juvenile name of the Senator from Nebraska added as cosponsors of S. 181, a bill to crime, promote accountability by juve- [Mr. HAGEL] was added as a cosponsor amend the Internal Revenue Code of nile criminals, punish and deter violent of S. 31, a bill to phase-out and repeal 1986 to provide that installment sales gang crime, reduce the fiscal burden the Federal estate and gift taxes and of certain farmers not be treated as a imposed by criminal alien prisoners, the tax on generation-skipping trans- preference item for purposes of the al- promote safe citizen self-defense, com- fers. ternative minimum tax. bat the importation, production, sale, S. 75 SENATE JOINT RESOLUTION 2 and use of illegal drugs, and for other At the request of Mr. KYL, the names At the request of Mr. HOLLINGS, the purposes. of the Senator from Montana [Mr. name of the Senator from Nevada [Mr. At the request of Mr. HATCH, the BURNS] and the Senator from Alabama BRYAN] was added as a cosponsor of name of the Senator from Alabama [Mr. SESSIONS] were added as cospon- Senate Joint Resolution 2, a joint reso- [Mr. SESSIONS] was added as a cospon- lution proposing an amendment to the sor of S. 3, supra. sors of S. 75, a bill to repeal the Fed- eral estate and gift taxes and the tax Constitution of the United States re- S. 4 on generation-skipping transfers. lating to contributions and expendi- At the request of Mr. MCCAIN, his tures intended to affect elections. name was added as a cosponsor of S. 4, S. 94 a bill to amend the Fair Labor Stand- At the request of Mr. BRYAN, the SENATE JOINT RESOLUTION 6 ards Act of 1938 to provide to private name of the Senator from Florida [Mr. At the request of Mr. KYL, the names sector employees the same opportuni- MACK] was added as a cosponsor of S. of the Senator from Louisiana [Mr. ties for time-and-a-half compensatory 94, a bill to provide for the orderly dis- BREAUX] and the Senator from Okla- time off, biweekly work programs, and posal of Federal lands in Nevada, and homa [Mr. INHOFE] were added as co- flexible credit hour programs as Fed- for the acquisition of certain environ- sponsors of Senate Joint Resolution 6, eral employees currently enjoy to help mentally sensitive lands in Nevada, a joint resolution proposing an amend- balance the demands and needs of work and for other purposes. ment to the Constitution of the United and family, to clarify the provisions re- S. 102 States to protect the rights of crime lating to exemptions of certain profes- At the request of Mr. BREAUX, the victims. sionals from the minimum wage and name of the Senator from West Vir- SENATE JOINT RESOLUTION 9 overtime requirements of the Fair ginia [Mr. ROCKEFELLER] was added as At the request of Mr. KYL, the name Labor Standards Act of 1938, and for a cosponsor of S. 102, a bill to amend of the Senator from Colorado [Mr. other purposes. title XVIII of the Social Security Act ALLARD] was added as a cosponsor of S. 6 to improve Medicare treatment and Senate Joint Resolution 9, a joint reso- At the request of Mr. MCCAIN, his education for beneficiaries with diabe- lution proposing an amendment to the name was added as a cosponsor of S. 6, tes by providing coverage of diabetes Constitution of the United States to

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S769 require two-thirds majorities for in- gent fund of the Senate upon vouchers ap- SEC. 3. The committee shall report its find- creasing taxes. proved by the chairman of the committee ex- ings, together with such recommendations cept that vouchers shall not be required—— for legislation as it deems advisable, to the SENATE RESOLUTION 15 (1) for the disbursement of salaries of em- Senate at the earliest practicable date, but At the request of Mr. MACK, the ployees paid at an annual rate; not later than February 28, 1997, and Feb- names of the Senator from Ohio [Mr. (2) for the payment of telecommunications ruary 28, 1998, respectively. DEWINE], the Senator from Maine [Ms. provided by the Office of the Sergeant at SEC. 4. Expenses of the committee under SNOWE], and the Senator from Maine Arms and Doorkeeper, United States Senate; this resolution shall be paid from the contin- [Ms. COLLINS] were added as cosponsors (3) for the payment of stationery supplies gent fund of the Senate upon vouchers ap- of Senate Resolution 15, a resolution purchased through the Keeper of the Sta- proved by the chairman of the committee, tionery, United States Senate; expressing the sense of the Senate that except that vouchers shall not be required (1) (4) for payments to the Postmaster, United for the disbursement of salaries of employees the Federal commitment to biomedical States Senate; paid at an annual rate, or (2) for the pay- research should be increased substan- (5) for the payment of metered charges on ment of telecommunications provided by the tially over the next 5 years. copying equipment provided by the Office of office of the Sergeant at Arms and Door- f the Sergeant at Arms and Doorkeeper, keeper, United States Senate, or (3) for the United States Senate; or payment of stationery, supplies purchased SENATE RESOLUTION 26—ORIGI- (6) for the payment of Senate Recording through the Keeper of the Stationery, United NAL RESOLUTION REPORTED AU- and Photographic Services. States Senate, or (4) for payments to the THORIZING EXPENDITURES BY SEC. 5. There are authorized such sums as Postmaster, United States Senate, or (5) for THE COMMITTEE ON ENVIRON- may be necessary for agency contributions the payment of metered charges on copying MENT AND PUBLIC WORKS related to the compensation of employees of equipment provided by the Office of the Ser- the committee from March 1, 1997, through geant at Arms and Doorkeeper, United Mr. CHAFEE, from the Committee on February 28, 1998, and March 1, 1998, through States Senate, or (6) for the payment of Sen- Environment and Public Works, re- February 28, 1999, to be paid from the Appro- ate Recording and Photographic Services. ported the following original resolu- priations account for ‘‘Expenses of Inquiries SEC. 5. There are authorized such sums as tion; which was referred to the Com- and Investigations.’’ may be necessary for agency contributions mittee on Rules and Administration: f related to the compensation of employees of S. RES. 26 the committee from March 1, 1997, through SENATE RESOLUTION 27—ORIGI- February 28, 1998, and March 1, 1998, through Resolved, That, in carrying out its powers, NAL RESOLUTION REPORT AU- February 28, 1999, to be paid from the Appro- duties, and functions under the Standing THORIZING EXPENDITURES BY priations account for ‘‘Expenses of Inquiries Rules of the Senate, in accordance with its THE COMMITTEE ON FINANCE and Investigations.’’ jurisdiction under rule XXV of such rules, including holding hearings, reporting such Mr. ROTH, from the Committee on f hearings, and making investigations as au- Finance, reported the following origi- SENATE RESOLUTION 28—ORIGI- thorized by paragraphs 1 and 8 of rule XXVI nal resolution; which was referred to NAL RESOLUTION REPORT AU- of the Standing Rules of the Senate, the the Committee on Rules and Adminis- THORIZING EXPENDITURES BY Committee on Environment and Public tration: Works is authorized from March 1, 1997, THE COMMITTEE ON BANKING, through February 28, 1998, and March 1, 1998, S. RES. 27 HOUSING, AND URBAN AFFAIRS through February 28, 1999, in its discre- Resolved. That, in carrying out its powers, tion—— duties, and functions under the Standing Mr. D’AMATO, from the Committee (1) to make expenditures from the contin- Rules of the Senate, in accordance with its on Banking, Housing, and Urban Af- gent fund of the Senate; jurisdiction under rule XXV of such rules, in- fairs, reported the following original (2) to employ personnel; and cluding holding hearings, reporting such resolution; which was referred to the (3) with the prior consent of the Govern- hearings, and making investigations as au- Committee on Rules and Administra- ment department or agency concerned and thorized by paragraphs 1 and 8 of rule XXVI tion: the Committee on Rules and Administration, of the Standing Rules of the Senate, the S. RES. 28 to use on a reimbursable or non-reimburs- Committee on Finance is authorized from able basis the services of personnel of any March 1, 1997, through February 28, 1998, and Resolved, That, in carrying out its powers, such department or agency. March 1, 1998, through February 28, 1999, in duties, and functions under the Standing SEC. 2. (a) The expenses of the committee its discretion (1) to make expenditures from Rules of the Senate, in accordance with its for the period March 1, 1997, through Feb- the contingent fund of the Senate, (2) to em- jurisdiction under rule XXV of such rules, in- ruary 28, 1998, under this resolution shall not ploy personnel, and (3) with the prior con- cluding holding hearings, reporting such exceed $2,431,871, of which amount—— sent of the Government department or agen- hearings, and making investigations as au- (1) not to exceed $8,000 may be expended for cy concerned and the Committee on Rules thorized by paragraphs 1 and 8 of rule XXVI the procurement of the services of individual and Administration, to use on a reimburs- of the Standing Rules of the Senate, the consultants, or organizations thereof (as au- able or non-reinbursable basis the services of Committee on Banking, Housing, and Urban thorized by section 202(i) of the Legislative personnel of any such department or agency. Affairs is authorized from March 1, 1997 Reorganization Act of 1946, as amended); and SEC. 2. The expenses of the committee for through February 28, 1998, and March 1, 1998, (2) not to exceed $2,000 may be expended for the period March 1, 1997, through February through February 28, 1999, in its discretion the training of the professional staff of such 28, 1998, under this resolution shall not ex- (1) to make expenditures from the contin- committee (under procedures specified by ceed $3,329,727, of which amount (1) not to ex- gent fund of the Senate, (2) to employ per- section 202(j) of the Legislative Reorganiza- ceed $30,000 may be expended for the procure- sonnel, and (3) with the prior consent of the tion Act of 1946). ment of the services of individual consult- Government department or agency con- (b) For the period March 1, 1998, through ants, or organizations thereof (as authorized cerned and the Committee on Rules and Ad- February 28, 1999, expenses of the committee by section 202(i) of the Legislative Reorga- ministration, to use on a reimbursable or under this resolution shall not exceed nization Act of 1946, as amended), and (2) not non-reimbursable basis the services of per- $2,494,014, of which amount—— to exceed $10,000 may be expended for the sonnel of any such department or agency. (1) not to exceed $8,000 may be expended for training of the professional staff of such SEC. 2. The expenses of the committee for the procurement of the services of individual committee (under procedures specified by the period of March 1, 1997, through February consultants, or organizations thereof (as au- section 202(j) of the Legislative Reorganiza- 28, 1998, under this resolution shall not ex- thorized by section 202(i) of the Legislative tion Act of 1946). ceed $2,853,725 of which amount (1) not to ex- Reorganization Act of 1946, as amended); and (b) For the period March 1, 1998, through ceed $20,000 may be expended for the procure- (2) not to exceed $2,000 may be expended for February 28, 1999, expenses of the committee ment of the services of individual consult- the training of the professional staff of such under this resolution shall not exceed ants, or organizations thereof (as authorized committee (under procedures specified by $3,416,328, of which amount (1) not to exceed by section 202(i) of the Legislative Reorga- section 202(j) of the Legislative Reorganiza- $30,000 may be expended for the procurement nization Act of 1946, as amended), and (2) not tion Act of 1946). of the services of individual consultants, or to exceed $850 may be expended for the train- SEC. 3. The committee shall report its find- organizations thereof (as authorized by sec- ing of the professional staff of such com- ings, together with such recommendations tion 202(i) of the Legislative Reorganization mittee (under procedures specified by section for legislation as it deems advisable, to the Act of 1946, as amended), and (2) not to ex- 202(j) of the Legislative Reorganization Act Senate at the earliest practicable date, but ceed $10,000 may be expended for the training of 1946). not later than February 28, 1998, and Feb- of the professional staff of such committee (b) For the period of March 1, 1998, through ruary 28, 1999, respectively. (under procedures specified by section 202(j) February 28, 1999, expenses of the committee SEC. 4. Expenses of the committee under of the Legislative Reorganization Act of under this resolution shall not exceed this resolution shall be paid from the contin- 1946). $2,928,278 of which amount (1) not to exceed

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S770 CONGRESSIONAL RECORD — SENATE January 28, 1997 $20,000 may be expended for the procurement thorized by section 202(i) of the Legislative ices of personnel of any such department or of the services of individual consultants, or Reorganization Act of 1946, as amended), and agency. organizations thereof (as authorized by sec- (2) not to exceed $15,600 may be expended for SEC. 2. The expenses of the committee for tion 202(i) of the Legislative Reorganization the training of the professional staff of such the period March 1, 1997, through February Act of 1946, as amended), and (2) not to ex- committee (under procedures specified by 28, 1998, under this resolution shall not exceed $850 may be expended for the training of section 202(j) of the Legislative Reorganiza- ceed $2,506,182, of which amount not to ex- the professional staff of such committee tion Act of 1946). ceed $30,000 may be expended for the procure- (under procedures specified by section 202(j) (b) For the period March 1, 1998, through ment of the services of individual consult- of the Legislative Reorganization Act of February 28, 1999, expenses of the committee ants, or organizations thereof (as authorized 1946). under this resolution shall not exceed by section 202(i) of the Legislative Reorga- SEC. 3. The committee shall report its find- $3,539,226, of which amount (1) not to exceed nization Act of 1946, as amended). ings, together with such recommendations $14,572 may be expended for the procurement (b) For the period March 1, 1998, through for legislation as it deems advisable, to the of the services of individual consultants, or February 28, 1999, expenses of the committee Senate at the earliest practicable date, but organizations thereof (as authorized by sec- under this resolution shall not exceed not later than February 28, 1998, and Feb- tion 202(i) of the Legislative Reorganization $2,574,036, of which amount not to exceed ruary 28, 1999, respectively. Act of 1946, as amended), and (2) not to ex- $30,000 may be expended for the procurement SEC. 4. Expenses of the committee under ceed $15,600 may be expended for the training of the services of individual consultants, or this resolution shall be paid from the contin- of the professional staff of such committee organizations thereof (as authorized by sec- gent fund of the Senate upon vouchers ap- (under procedures specified by section 202(j) tion 202(i) of the Legislative Reorganization proved by the chairman of the committee, of the Legislative Reorganization Act of Act of 1946, as amended). except that vouchers shall not be required (1) 1946). SEC. 3. The committee shall report its find- for the disbursement of salaries of employees SEC. 3. The committee shall report its findings, together with such recommendations paid at an annual rate, or (2) for the pay- ings, together with such recommendations for legislation as it deems advisable, to the ment of telecommunications provided by the for legislation as it deems advisable, to the Senate at the earliest practicable date, but Office of the Sergeant at Arms and Door- Senate at the earliest practicable date, but not later than February 28, 1997 and Feb- keeper, United States Senate, or (3) for the not later than February 28, 1998, and Feb- ruary 28, 1998, respectively. payment of stationery supplies purchased ruary 28, 1999, respectively. SEC. 4. Expenses of the committee under through the Keeper of the Stationery, United SEC. 4. Expenses of the committee under this resolution shall be paid from the contin- States Senate, or (4) for payments to the this resolution shall be paid from the contingent fund of the Senate upon vouchers ap- Postmaster, United States Senate, or (5) for gent fund of the Senate upon vouchers approved by the chairman of the committee, the payment of metered charges on copying proved by the chairman of the committee, except that vouchers shall not be required (1) equipment provided by the Office of the Ser- except that vouchers shall not be required (1) for the disbursement of salaries of employees geant at Arms and Doorkeeper, United for the disbursement of salaries of employees paid at an annual rate, or (2) for the pay- States Senate, or (6) for the payment of Sen- paid at an annual rate, or (2) for the payment of telecommunications provided by the ate Recording and Photographic Services. ment of telecommunications provided by the Office of the Sergeant at Arms and Door- SEC. 5. There are authorized such sums as Office of the Sergeant at Arms and Door- keeper, United States Senate, or (3) for the may be necessary for agency contributions keeper, United States Senate, or (3) for the payment of stationery supplies purchased related to the compensation of employees of payment of stationery supplies purchased through the Keeper of the Stationery, United the committee from March 1, 1997, through through the Keeper of the Stationery, United States Senate, or (4) for payments to the February 28, 1998, and March 1, 1998, through States Senate, or (4) for payments to the Postmaster, United States Senate, or (5) for February 28, 1999, to be paid from the Appro- Postmaster, United States Senate, or (5) for the payment of metered charges on copying priations account for ‘‘Expenses of Inquiries the payment of metered charges on copying equipment provided by the Office of the Ser- and Investigations. 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- f States Senate, or (6) for the payment of Sen- ate Recording and Photographic Services. SENATE RESOLUTION 29—ORIGI- ate Recording and Photographic Services. SEC. 5. There are authorized such sums as NAL RESOLUTION REPORT AU- SEC. 5. There are authorized such sums as may be necessary for agency contributions THORIZING EXPENDITURES BY may be necessary for agency contributions related to the compensation of employees of THE COMMITTEE ON COMMERCE, related to the compensation of employees of the committee, from March 1, 1997, through the committee from March 1, 1997, through February 28, 1998, and March 1, 1998 through SCIENCE, AND TRANSPORTATION February 28, 1998, and from March 1, 1998, February 28, 1999, to be paid from the Appro- Mr. MCCAIN, from the Committee on through February 28, 1999, to be paid from priations account for ‘‘Expenses of Inquiries Commerce, Science, and Transpor- the Appropriations account for ‘‘Expenses of and Investigations.’’ Inquiries and Investigations’’. tation, reported the following original f resolution; which was referred to the f Committee on Rules and Administra- SENATE RESOLUTION 31—ORIGI- tion: SENATE RESOLUTION 30—ORIGI- NAL RESOLUTION REPORTED BY NAL RESOLUTION REPORTED AU- THE COMMITTEE ON RULES AND S. RES. 29 THORIZING EXPENDITURES BY ADMINISTRATION Resolved, That, in carrying out its powers, THE SELECT COMMITTEE ON IN- Mr. WARNER, from the Committee duties, and functions under the Standing TELLIGENCE Rules of the Senate, in accordance with its on Committee on Rules and Adminis- jurisdiction under rule XXV of such rules, in- Mr. SHELBY, from the Select Com- tration, reported the following original cluding holding hearings, reporting such mittee on Intelligence, reported the resolution: hearings, and making investigations as au- following original resolution; which S. RES. 31 thorized by paragraphs 1 and 8 of rule XXVI was referred to the Committee on Resolved, That the following-named Mem- of the Standing Rules of the Senate, the Rules and Administration: Committee on Commerce, Science, and bers be, and they are hereby, elected mem- Transportation is authorized from March 1, S. RES. 30 bers of the following joint committees on 1997, through February 28, 1998, and from Resolved, That, in carrying out its powers, Congress: March 1, 1998, through February 28, 1999, in duties, and functions under the Standing Joint Committee on Printing: John War- its discretion (1) to make expenditures from Rules of the Senate, in accordance with its ner, Thad Cochran, Mitch McConnell, Wen- the contingent fund of the Senate, (2) to em- jurisdiction under rule XXV of such rules, in- dell H. Ford, Daniel K. Inouye. ploy personnel, and (3) with the prior con- cluding holding hearings, reporting such Joint Committee on the Library of Con- sent of the Government department or agen- hearings, and making investigations as au- gress: Ted Stevens, John Warner, Thad Coch- cy concerned and the Committee on Rules thorized by paragraphs 1 and 8 of rule XXVI ran, Daniel Patrick Moynihan, Dianne Fein- and Administration, to use on a reimburs- of the Standing Rules of the Senate, the stein. able or non-reimbursable basis the services Committee on Intelligence is authorized f of personnel of any such department or agen- from March 1, 1997 through February 28, 1998 cy. and March 1, 1998, through February 28, 1999, SENATE RESOLUTION 32—ORIGI- SEC. 2. (a) The expenses of the committee in its discretion (1) to make expenditures NAL RESOLUTION REPORTED BY for the period from March 1, 1997, through from the contingent fund of the Senate, (2) THE COMMITTEE ON RULES AND February 28, 1998, under this resolution shall to employ personnel, and (3) with the prior ADMINISTRATION not exceed $3,448,034, of which amount (1) not consent of the Government department or to exceed $14,572 may be expended for the agency concerned and the Committee on Mr. WARNER, from the Committee procurement of the services of individual Rules and Administration, to use on a reim- on Rules and Administration, reported consultants, or organizations thereof (as au- bursable or non-reimbursable basis the serv- the following original resolution:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S771 S. RES. 32 COMMITTEE ON AGRICULTURE, NUTRITION, AND ADDITIONAL STATEMENTS Resolved, That a collection of the rules of FORESTRY the committees of the Senate, together with Mr. LUGAR. Mr. President, I would LAWRENCE B. LINDSEY’S DEPAR- related materials, be printed as a Senate like to announce that the Senate Com- document, and that there be printed 600 addi- TURE FROM THE BOARD OF GOV- mittee on Agriculture, Nutrition, and tional copies of such document for the use of ERNORS OF THE FEDERAL RE- Forestry will hold a full committee the use of the Committee on Rules and Ad- SERVE ministration. hearing on Tuesday, February 11, 1997, ∑ Mr. ABRAHAM. Mr. President, I f at 9 a.m. in SR–328A. The purpose of the hearing will be to discuss reform to rise today to note the departure of NOTICES OF HEARINGS the Commodity Exchange Act. Lawrence B. Lindsey, member of the COMMITTEE ON RULES AND ADMINISTRATION Board of Governors of the Federal Re- COMMITTEE ON AGRICULTURE, NUTRITION, AND serve System, from that body. Mr. Mr. WARNER. Mr. President, I wish FORESTRY to announce that the Committee on Lindsey’s departure is a great loss for Rules and Administration will meet in Mr. LUGAR. Mr. President, I would the Federal Reserve, and the nation. His tenure on the Board of Governors SR–301, Russell Senate Office Building, like to announce that the Senate Com- has been invaluable. His service as on Thursday, January 30, 1997, at 9:30 mittee on Agriculture, Nutrition, and chairman of the Board’s Consumer and a.m. to hold a hearing on FEC author- Forestry will hold a full committee Community Affairs Committee and as ization and campaign finance reform. hearing on Thursday, February 13, 1997, chairman of the Neighborhood Rein- For further information regarding at 9 a.m. in SR–328A. The purpose of vestment Corporation, as well as his the hearing, please contact Bruce the hearing will be to discuss reform to participation in the general business of Kasold of the committee staff on 224– the Commodity Exchange Act. the Board, have played a vital role in 3448. f sustaining economic growth and price COMMITTEE ON ENERGY AND NATURAL stability in this country. He will be RESOURCES missed. Mr. MURKOWSKI. Mr. President, I AUTHORITY FOR COMMITTEES TO One can hardly blame Mr. Lindsey, would like to announce for the infor- MEET however, for seizing the exciting and mation of the Senate and the public well-deserved opportunities that have that a hearing has been scheduled be- COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS come his way. As the Arthur F. Burns fore the full Committee on Energy and Chair in Economics at the American Natural Resources to consider the Mr. LOTT. Mr. President, I ask unan- Enterprise Institute and as managing nomination of Federico F. Pen˜ a to be imous consent that the Committee on director of economic strategies, an eco- Secretary of Energy. Banking, Housing, and Urban Affairs nomic advisory service based in New The hearing will take place Thurs- be authorized to meet during the ses- York City, Mr. Lindsey will be in a po- day, January 30, 1997, at 10 a.m. in sion of the Senate on Tuesday, January sition to participate in both the intel- room SE–366 of the Dirksen Senate Of- 28, 1997, to conduct a markup of the fol- lectual and practical sides of global fice Building in Washington, DC. lowing nominee: Mr. Andrew M. economic life during an exciting time. For further information, please call Cuomo, of New York, to be the Sec- I am confident that all of us will ben- Camille Heninger Flint at (202) 224– retary of Housing and Urban Develop- efit from the work he will be doing in 5070. ment. In addition the committee will both positions. COMMITTEE ON INDIAN AFFAIRS consider certain organizational mat- I am certain that the economic com- Mr. MCCAIN. Mr. President, I would ters. munity will be hearing from Mr. like to announce that the Senate Com- The PRESIDING OFFICER. Without Lindsey more than ever in his new ca- mittee on Indian Affairs will meet dur- objection, it is so ordered. pacities. I would like to take this oping the session of the Senate on Thurs- portunity to wish him the best of luck COMMITTEE ON ENVIRONMENT AND PUBLIC and offer him my heart-felt congratu- day, January 30, 1997, at 2:30 p.m. to ap- WORKS prove the committee budget for the lations.∑ 105th Congress. The business meeting Mr. LOTT. Mr. President, I ask unan- f imous consent that the full Committee will be held in room 485 of the Russell ROBERT A. DEMARS Senate Office Building. on Environment and Public Works be granted permission to meet to organize ∑ Mr. LEVIN. Mr. President, I rise COMMITTEE ON ENERGY AND NATURAL RESOURCES and adopt committee rules, Tuesday, today to honor the life of State Rep- Mr. MURKOWSKI. Mr. President, I January 28, at 9:30 a.m., hearing room resentative Robert A. DeMars of Michi- would like to announce for the public (SD–406). gan’s 25th District, who passed away on October 21, 1996 while campaigning for that the hearing scheduled before the The PRESIDING OFFICER. Without an 8th term in office. full Energy and Natural Resources objection, it is so ordered. Robert DeMars was a teacher by pro- Committee to receive testimony re- COMMITTEE ON RULES AND ADMINISTRATION fession. For 26 years, he taught in the garding S. 104, the Nuclear Waste Pol- Lincoln Park Public School system. He icy Act of 1997 will take place on Mr. LOTT. Mr. President, I ask unanimous consent that the Committee on served as local president of the Michi- Wednesday, February 5, 1997, at 9:30 gan Education Association and as local a.m., in room SD–366 of the Dirksen Rules and Administration be authorized to meet during the session of the president, State vice president and Na- Senate Office Building in Washington, tional vice president of the American DC. Senate on Tuesday, January 28, 1997, beginning at 9:30 a.m. until business is Federation of Teachers. Robert also For further information, please call served Lincoln Park as mayor, council- Karen Hunsicker, counsel (202) 224–3543 completed, to hold a hearing and mark- up session. man and treasurer. or Betty Nevitt, staff assistant at (202) Robert DeMars was a proud veteran 224–0765. The PRESIDING OFFICER. Without who served during World War II in the COMMITTEE ON SMALL BUSINESS objection, it is so ordered. U.S. Navy’s Submarine Service. Pro- Mr. BOND. Mr. President, I wish to SELECT COMMITTEE ON INTELLIGENCE tecting and improving the status of announce that the Committee on Small veterans was a cause that was very Business will hold a hearing entitled Mr. LOTT. Mr. President, I ask unan- close to Robert’s heart. As a State Rep- ‘‘Women-Owned and Home-Based Busi- imous consent that the Select Com- resentative, he introduced legislation nesses.’’ The hearing will be held on mittee on Intelligence be authorized to to provide special license plates for Thursday, February 6, 1997, beginning meet during the session of the Senate veterans of WW I, WW II, the Korean at 9:30 a.m., in room 428A of the Russell on Tuesday, January 28, 1997, at 2:30 and Vietnam wars to honor their serv- Senate Office Building. p.m. to hold a closed business meeting. ice to the Nation. He was the chairman For further information, please con- The PRESIDING OFFICER. Without of the House Veterans’ Affairs Com- tact Paul Cooksey at 224–5175. objection, it is so ordered. mittee from 1982 to 1994.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S772 CONGRESSIONAL RECORD — SENATE January 28, 1997 Despite Robert’s numerous profes- water or too much. Proctor was fully desire to remain of service to his coun- sional accomplishments during his life- conversant with and sensitive to the try, and to distinguish his public serv- time, he never lost touch with his con- unique needs of North Dakota and was ice with an unflagging belief that we stituents. His down-to-earth style was always ready to assist us with our are all part of a cause more noble than a large part of his political success. water problems. He was especially self-interest, and that, as such, we de- Robert was a member of several chari- helpful to me over the past 3 years in serve each other’s respect and admira- table organizations as well as a sponsor finding additional funding to help the tion. of Little League baseball teams. His citizens of Devils Lake, N.D., who have No one who worked with Burt Barr passing is a dramatic loss to many dif- been devastated by flooding for 4 con- ever suspected his purposes or doubted ferent segments of the community. secutive years. his decency. Republican and Democrat Robert is survived by his wife Deanie Proctor represents the finest there is alike knew that in Burt the State of and their daughter Maeann. in public service. He was dedicated to Arizona had found a model public serv- On February 8, 1997, a Robert DeMars the institution he so honorably served ant whose sole public ambition was to Memorial Charity Ball will be held to under a succession of outstanding work with any willing partner to help honor Robert’s legacy and to raise chairmen of the Appropriations Com- Arizona grow and prosper. money for the Make-A-Wish Founda- mittee. He was ever the student of the As is obvious by the presence here of tion. This is a fitting tribute to Robert budget and appropriation processes. He so many Arizonans of different polit- DeMars’s life of public service and one was the master of the art of politics— ical affiliations, Burt was a man who I believe he would wholeheartedly ap- forging compromises. He was the pro- kept his priorities straight. He never prove of. I know my Senate colleagues tector of the purse—evaluating Federal set the price of partisan advantage so join me in honoring the life of Robert programs under a microscope to ensure high that it cheapened his regard for A. DeMars.∑ that they were necessary, effective, re- personal friendships. He knew by in- f sponsible, and responsive. He was the stinct, by instruction and by experi- ultimate professional. And he was a ence that political success is such an PARTIAL BIRTH ABORTION BAN true gentleman. inconsequential thing when weighed ∑ Mr. ABRAHAM. Mr. President, I rise During his more than 35 years in the against the love and trust of your today to cosponsor Senate bill 6. In Senate, Proctor earned the respect of neighbors and friends. When our days doing so I add my voice to the chorus Members and colleagues alike. His ex- begin to run out there will be little sol- calling for an end to partial birth abor- pertise, sound judgment, political ace found in the prideful recollection tion. The bill we are considering is de- skills and professional talents will be that we advanced our professional am- signed to outlaw medical procedures sorely missed in the Senate. But I want bitions at the expense of others. That ‘‘in which the person performing the to join my colleagues in wishing Proc- solace abides only in our family’s love, abortion partially delivers a living tor good health and every success as he God’s grace, and the satisfaction of a fetus before killing the fetus and com- joins his former boss, Senator Bennett life well-lived in the service of others, pleting the delivery.’’ It is a narrowly Johnston of Louisiana, in pursuing new and not to the detriment of anyone. drafted bill which specifically and ef- challenges and opportunities in the pri- As Bruce Babbitt and Art Hamilton fectively targets a rare but grisly and vate sector. ∑ can attest, as anyone who worked with unnecessary practice. f Burt in the service of our beautiful I understand, Mr. President, that the State can attest, Burt won his share of American people are divided on many BURT BARR political contests, but never at the cost issues within the abortion debate. I am ∑ Mr. McCAIN. Mr. President, when a of a friend. He presided as majority firmly pro-life. But in my view one good man dies, heaven profits at hu- leader in the Arizona House for many need not resort to broad, ideological manity’s expense. My friend, Burt years, and worked with many Gov- arguments in this case. Partial birth Barr, was a good man whose loss we ernors. He did not exult in the per- abortions occur in the second or third can scarce afford lest our society fur- quisites of power, but only in the op- trimester of pregnancy. They are never ther succumbs to the cynicism and dis- portunity to be of use to his commu- required to save the life, health or trust that cheapens our times. He was nity. Under his patient, inclusive lead- child-bearing ability of the mother. a man whose virtues were so exemplary ership, the legislature never functioned They are unnecessary and regrettable. and so apparent that he won the admi- more smoothly or productively. He We in this Chamber failed to override ration and affection of all he encoun- considered Bruce and Art and everyone the President’s veto of this legislation tered. He was the kind of man whom who labored with him on behalf of Ari- during the last Congress. But I remain fathers hope their sons will become. zona to be comrades-in-arms, not en- convinced that all of us can agree that He grew to manhood in a time when emies. War had taught him that such this nation can do without this par- Americans believed to sacrifice for relationships were to be cherished as ticular grisly procedure. I urge my col- your country was an ennobling experi- indispensable to a good life. leagues to support this legislation.∑ ence. He took up arms in his country’s Burt’s good life, his decency to oth- f defense, risked death and grave harm, ers was of inestimable value to Ari- endured enormous deprivation for a zona. Together with former Governor TRIBUTE TO PROCTOR JONES cause he knew was greater than his Babbitt, with Art, with all his Repub- ∑ Mr. DORGAN. Mr. President, I rise to own life. He marched across Europe to lican and Democratic colleagues, Burt pay tribute to Proctor Jones for his liberate the peoples of that continent helped to make this State the wonder- outstanding service and dedication to from tyranny; to protect America’s ful place to live it remains today. Ari- the U.S. Senate since 1960. While his freedoms, and to keep alive in this zona’s extraordinary growth was not Senate employment was interrupted world the prospect that our freedoms just coincident with, but was, in large for 2 years for service in the U.S. Ma- and prosperity might someday flourish part, a consequence of his public serv- rine Corps, I don’t believe any staffer in all societies. ice, and the comity and trust that dis- has served in the Senate longer than Burt’s service in the Second World tinguished his relationships with his Proctor. Certainly, no one has served War, as it was for most of his genera- colleagues. this institution more honorably or tion, was the defining event of his life. Burt was the first person whose ad- with greater dedication. The experience of shared hardship, of vice I sought when I first considered a During my tenure in the Senate, I complete faith in and devotion to the political career. I placed a high value have had the pleasure of working with men who fought beside you engendered on his counsel then and in all the fol- Proctor on numerous occasions in his in him an enduring love and respect for lowing years of our friendship. That I capacity as the staff director for the the men and women who have worn the continue my public career in a time of Democrats on the Energy and Water uniform of the United States. But his growing incivility and cynicism, in a Subcommittee of Appropriations. Un- experiences in war affected more than time when partisan opponents seek to fortunately, my State of North Dakota his regard for the military. They in- criminalize our political differences is seems to be plagued with too little spired in him an abiding love for and a source of deep disappointment to me,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S773 as I’m sure it was to Burt, although he Water development in North Dakota is entomologist and author of more than was always too kind to say so. also essential for economic develop- 70 scientific papers on aquatic ecology, I am part of a system that has grown ment, agriculture, recreation, and insect control technology, integrated too coarse and venal, and I bear my tourism. The Federal Government pest management, public policy and share of responsibility for that decline. promised the Garrison project to North international agriculture. The memory of Burt Barr shames me, Dakota to compensate my State for Finally, throughout his extraor- as it should shame all of us when we re- the permanent flood of over 550,000 dinary career, Dr. Guyer has been duce public service to anything other acres due to the construction of the blessed by the companionship of his than a noble calling to make our times Garrison and Oahe Dams. Proctor has wife Norma Guyer. She is well known a moment of hope and opportunity, of played an instrumental role in funding for her many activities in support of decency and unity. All the blessings of this essential project to meet North M.S.U. and its boosters as well as the his friendship, all the wisdom of his Dakota’s unmet water development cooperative extension service. counsel—though I cherish them great- needs and fulfill the Federal Govern- To honor Dr. Guyer and thank him ly—will not make of me as good a man ment’s promise to my State. for his decades of service, Michigan as Burt Barr. Only the shame that his Mr. President, Proctor will be great- State University is working to estab- memory will visit on me when I stray ly missed by all who worked with him. lish the Gordon and Norma Guyer En- from his example gives me hope that I know we in the Senate will get our dowed Internship Program. This en- when my days are near an end, I might work done without Proctor’s talent dowment will provide M.S.U. students know—as Burt knew—the great solace and ability, but filling his shoes will be a variety of public policy internship of a life well-lived in the service of a tremendous challenge for those who opportunities and impart first-hand ex- something greater than self-interest. follow him. I am pleased to know that perience in potential career areas. The Life will be less pleasant absent the Proctor will remain in Washington, Gordon and Norma Guyer Endowed In- company of this good man. His cheerful working with my good friend Senator ternship Program will serve young in- nature, his enormous generosity to me, Bennett Johnston. dividuals who seek to continue Dr. his patience and kindness as he tried to Mr. President, I am delighted to wish Guyer’s work in agriculture and nat- help me become the kind of public Proctor all the best upon his departure ural resources. I cannot think of a servant that not just he, but that I from the Senate. I thank the Chair and more fitting tribute to two wonderful ∑ could be proud of, make his loss inde- yield the floor. people. scribably profound. But he goes to a re- f Dr. Guyer’s dedication to Michigan, ward he so surely deserves, and we can- HONORING DR. GORDON GUYER his contributions in the field of ento- not begrudge him that. mology, his focus and determination, He will rest now in the field where ∑ Mr. ABRAHAM. Mr. President, I rise and his integrity are an inspiration, America buries her heroes. He well- to pay tribute to a great man and a and I am proud to call him a friend.∑ earned his place there, and the place in great teacher: Dr. Gordon Guyer. Those God’s presence we are all promised who have followed Dr. Guyer’s career f should we love our fellow man as well see a man who has accepted challenge as Burt Barr loved us. after challenge and built a reputation Louise, Stephanie, Michael, and Su- for success. THE FORUM MAGAZINE’S SEV- zanne, there are no words to dull the Dr. Guyer began attending college as ENTH ANNUAL AFRICAN-AMER- pain of a loss felt so keenly as you feel a fisheries and wildlife major at Michi- ICAN PIONEER AWARDS that loss of Burt. But I know he wanted gan State University in 1947. Dr. Guyer ∑ Mr. LEVIN. Mr. President, I rise for you all the happiness that life af- established the foundation for his life- today to honor the recipients of the fords. He would want you now to live long work when he shifted his studies Seventh Annual African-American Pio- happy and fulfilling lives until the to entomology and earned three de- neer Awards, hosted by the Forum time when by the grace of a loving God grees. In 1954, he became an instructor magazine. In 1991, the Forum magazine you will see him again.∑ of entomology at M.S.U., and only 10 began the African-American Pioneer f years later was named professor and Awards to ‘‘document, honor, and cele- chairman of the Department of Ento- THE RETIREMENT OF PROCTOR brate the little-known accomplish- mology and director of M.S.U.’s Pes- JONES ments of African-Americans from the ticide Research Center. Flint community and other parts of ∑ Mr. CONRAD. Mr. President, I rise Dr. Guyer’s achievements at Michi- Michigan.’’ today to salute Proctor Jones on his gan State University have been re- I am pleased to congratulate the fol- retirement from the Senate Appropria- markable. He has served as adminis- tions Committee and to thank him for lowing recipients of the 1997 African- trator and director of M.S.U.’s Cooper- American Pioneer Award: his many years of service to the Senate ative Extension Service for 11 years, Mr. Darwin Davis, a successful busi- and the Nation. When Proctor retires associate dean of the College of Agri- nessman and senior vice president of at the end of this month after an amaz- culture and Natural Resources, asso- the Equitable. In a 1988 issue of Black ing 35 years of public service, the Sen- ciate dean of the College of Natural Enterprise, Mr. Davis was listed as one ate will lose one of its most distin- Science, director of the W.K. Kellogg of America’s 25 most important black guished staff members. Proctor will be Biological Station, and special assist- executives. remembered for his professionalism, ant to the senior consultant to the dedication, and good judgment while president of M.S.U. The Velvelettes, one of three Motown working for the Appropriations Com- After retiring from Michigan State in bands still performing with its original mittee, and for his work as staff direc- 1986, Dr. Guyer was quickly named di- members. The group is comprised of tor for the Energy and Water Develop- rector of the Michigan Department of Flint natives Norma Barbee-Fairhurst, ment Subcommittee for the past 23 Natural Resources. However, he was Bertha Barbee-Fairhurst and Kala- years. destined to return to the University he mazoo natives Mildred Gill-Arbor and Mr. President, I have greatly appre- loved after only two years as professor Carolyn Gill-Street. ciated all the help Proctor has given emeritus and vice president for govern- Creative Expressions Dance Studio, my office since I came to the Senate in mental affairs. founded in 1990, which operates under 1987. North Dakota has many water de- In September of 1992 he became presi- the city of Flint’s Parks and Recre- velopment needs, and the work Proctor dent of Michigan State University and ation Department. The studio special- has done on the Energy and Water De- served in that capacity for over a year. izes in tap and ballet and has had great velopment Subcommittee has been Shortly after leaving the university, he success in national and local competi- critical to helping meet those needs. was appointed director of the Michigan tions. The Garrison Diversion Project was Department of Agriculture, from which Mr. Mario J. Daniels, founding mem- first authorized in 1965 and was refor- position he retired in October 1996. ber of Mario J. Daniels & Associates, mulated in 1986 to ensure my State an Dr. Guyer’s success, while well P.C., the first African-American cer- adequate supply of quality water for known in Michigan, has spanned the tified public accounting firm in Flint- municipal, rural, and industrial uses. globe. He is an internationally known Genesee County.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S774 CONGRESSIONAL RECORD — SENATE January 28, 1997 Mr. Michael Shumpert, president- (2) Any member of the Senate Press Gal- RULE 5: BUSINESS MEETINGS: VOTING CEO of WOWE radio station, the only lery or employee of the Senate wishing to (a) PROXY VOTING: African-American owned and operated televise, broadcast, or record a committee (1) Proxy voting is allowed on all meas- FM radio station in the Flint-Saginaw meeting must notify the staff director or the ures, amendments, resolutions, or other mat- staff director’s designee by 5:00 p.m. the day ters before the committee or a sub- communities. before the meeting. Mr. Gregory Jackson, currently the committee. (3) During public meetings, any person (2) A member who is unable to attend a only African-American GM dealer in using a camera, microphone, or other elec- business meeting may submit a proxy vote the Flint-Genesee County area. tronic equipment may not position or use on any matter, in writing, orally, or through Dr. Charlie Roberts, the first Afri- the equipment in a way that interferes with personal instructions. can-American to be appointed vice the seating, vision, or hearing of committee (3) A proxy given in writing is valid until president at Mott Community College. members or staff on the dais, or with the or- revoked. A proxy given orally or by personal The Pioneer Awards recognize the derly process of the meeting. instructions is valid only on the day given. great contributions African-Americans RULE 2. QUORUMS (b) SUBSEQUENT VOTING: Members who were have made and are making in the com- (a) BUSINESS MEETINGS: At committee not present at a business meeting and were business meetings, six members, at least two unable to cast their votes by proxy may munity. I know my Senate colleagues record their votes later, so long as they do so will join me in honoring the achieve- of whom are members of the minority party, constitute a quorum, except as provided in that same business day and their vote does ments of these outstanding Ameri- subsection (d). not change the outcome. cans.∑ (b) SUBCOMMITTEE MEETINGS: At sub- (c) PUBLIC ANNOUNCEMENT: f committee business meetings, a majority of (1) Whenever the committee conducts a the subcommittee members, at least one of rollcall vote, the chairman shall announce RULES OF THE COMMITTEE ON whom is a member of the minority party, the results of the vote, including a tabula- ENVIRONMENT AND PUBLIC constitutes a quorum for conducting busi- tion of the votes cast in favor and the votes WORKS ness. cast against the proposition by each member ∑ (c) CONTINUING QUORUM: Once a quorum as of the committee. Mr. CHAFEE. Mr. President, in ac- (2) Whenever the committee reports any cordance with the rules of the Senate, prescribed in subsections (a) and (b) has been established, the committee or subcommittee measure or matter by rollcall vote, the re- I ask that the rules of the Committee may continue to conduct business. port shall include a tabulation of the votes on Environment and Public Works, (d) REPORTING: No measure or matter may cast in favor of and the votes cast in opposi- adopted by the committee January 28, be reported by the committee unless a mation to the measure or matter by each mem- 1997, be printed in the RECORD. jority of committee members cast votes in ber of the committee. The rules follow: person. RULE 6: SUBCOMMITTEES (e) HEARINGS: One member constitutes a RULES OF PROCEDURE (a) REGULARLY ESTABLISHED SUBCOMMIT- quorum for conducting a hearing. RULE 1. COMMITTEE MEETINGS IN GENERAL TEES: The committee has four subcommit- RULE 3. HEARINGS tees: Transportation and Infrastructure; (a) REGULAR MEETING DAYS: For purposes Clean Air, Wetlands, Private Property, and of complying with paragraph 3 of Senate (a) ANNOUNCEMENTS: Before the committee Nuclear Safety; Superfund, Waste Control, Rule XXVI, the regular meeting day of the or a subcommittee holds a hearing, the and Risk Assessment; and Drinking Water, committee is the first and third Thursday of chairman of the committee or subcommittee Fisheries and Wildlife. each month at 10:00 A.M. If there is no busi- shall make a public announcement and pro- (b) MEMBERSHIP: The committee chairman ness before the committee, the regular meet- vide notice to members of the date, place, shall select members of the subcommittees, ing shall be omitted. time, and subject matter of the hearing. The announcement and notice shall be issued at after consulting with the ranking minority (b) ADDITIONAL MEETINGS: The chairman member. may call additional meetings, after con- least one week in advance of the hearing, un- sulting with the ranking minority member. less the chairman of the committee or sub- RULE 7: STATUTORY RESPONSIBILITIES AND Subcommittee chairmen may call meetings, committee, with the concurrence of the OTHER MATTERS ranking minority member of the committee with the concurrence of the chairman of the (a) ENVIRONMENTAL IMPACT STATEMENTS: committee, after consulting with the rank- or subcommittee, determines that there is No project or legislation proposed by any ex- ing minority members of the subcommittee good cause to provide a shorter period, in ecutive branch agency may be approved or and the committee. which event the announcement and notice otherwise acted upon unless the committee shall be issued at least twenty-four hours in (c) PRESIDING OFFICER: has received a final environmental impact (1) The chairman shall preside at all meet- advance of the hearing. statement relative to it, in accordance with ings of the committee. If the chairman is not (b) STATEMENTS OF WITNESSES: section 102(2)(C) of the National Environ- (1) A witness who is scheduled to testify at present, the ranking majority member who mental Policy Act, and the written com- a hearing of the committee or a sub- is present shall preside. ments of the Administrator of the Environ- committee shall file 100 copies of the written (2) Subcommittee chairmen shall preside mental Protection Agency, in accordance testimony at least 48 hours before the hear- at all meetings of their subcommittees. If with section 309 of the Clean Air Act. This ing. If a witness fails to comply with this re- the subcommittee chairman is not present, rule is not intended to broaden, narrow, or quirement, the presiding officer may pre- the Ranking Majority Member of the sub- otherwise modify the class of projects or leg- clude the witness’ testimony. This rule may committee who is present shall preside. islative proposals for which environmental be waived for field hearings, except for wit- (3) Notwithstanding the rule prescribed by impact statements are required under sec- nesses from the Federal Government. paragraphs (1) and (2), any member of the tion 102(2)(C). (2) The presiding officer at a hearing may committee may preside at a hearing. (b) PROJECT APPROVALS: have a witness confine the oral presentation (d) OPEN MEETINGS: Meetings of the com- (1) Whenever the committee authorizes a to a summary of the written testimony. mittee and subcommittees, including hear- project under Public Law 89–298, the Rivers ings and business meetings, are open to the RULE 4. BUSINESS MEETINGS: NOTICE AND and Harbors Act of 1965; Public Law 83–566, public. A portion of a meeting may be closed FILING REQUIREMENTS the Watershed Protection and Flood Preven- to the public if the committee determines by (a) NOTICE: The chairman of the committee tion Act; or Public Law 86–249, the Public rollcall vote of a majority of the members or the subcommittee shall provide notice, Buildings Act of 1959, as amended; the chair- present that the matters to be discussed or the agenda of business to be discussed, and man shall submit for printing in the Con- the testimony to be taken— the text of agenda items to members of the gressional Record, and the committee shall (1) will disclose matters necessary to be committee or subcommittee at least 72 hours publish periodically as a committee print, a kept secret in the interests of national de- before a business meeting. report that describes the project and the rea- fense or the confidential conduct of the for- (b) AMENDMENTS: First-degree amendments sons for its approval, together with any dis- eign relations of the United States; must be filed with the chairman of the com- senting or individual views. (2) relate solely to matters of committee mittee or the subcommittee at least 24 hours (2) Proponents of a committee resolution staff personnel or internal staff management before a business meeting. After the filing shall submit appropriate evidence in favor of or procedure; or deadline, the chairman shall promptly dis- the resolution. (3) constitute any other grounds for clo- tribute all filed amendments to the members (c) BUILDING PROSPECTUSES: sure under paragraph 5(b) of Senate Rule of the committee or subcommittee. (1) When the General Services Administra- XXVI. (c) MODIFICATIONS: The chairman of the tion submits a prospectus, pursuant to sec- (e) BROADCASTING: committee or the subcommittee may modify tion 7(a) of the Public Buildings Act of 1959, (1) Public meetings of the committee or a the notice and filing requirements to meet as amended, for construction (including con- subcommittee may be televised, broadcast, special circumstances, with the concurrence struction of buildings for lease by the gov- or recorded by a member of the Senate press of the ranking member of the committee or ernment), alteration and repair, or acquisi- gallery or an employee of the Senate. subcommittee. tion, the committee shall act with respect to

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S775 the prospectus during the same session in REGULAR APPOINTMENT (IDENTIFIED BY AN ASTER- Senate, I now ask unanimous consent ISK(*)) UNDER TITLE 10, UNITED STATES CODE, SECTIONS which the prospectus is submitted. A pro- that the Senate stand in adjournment 624 AND 531: spectus rejected by majority vote of the under the previous order. To be colonel committee or not reported to the Senate There being no objection, the Senate, during the session in which it was submitted RICHARD COOPER, 0000 at 5:59 p.m., adjourned until Wednes- NEIL DENNINGTON, 0000 shall be returned to the GSA and must then HUGH L. DUKES, 0000 be resubmitted in order to be considered by day, January 29, 1997, at 9:30 a.m. JANET Y. HORTON, 0000 the committee during the next session of the f KENNETH LEINWAND, 0000 LAWRENCE R. MACK, 0000 Congress. NOMINATIONS DAVID E. MCLEAN, 0000 (2) A report of a building project survey *OWEN J. MULLEN, 0000 submitted by the General Services Adminis- Executive nominations received by GREGORY SCHANNEP, 0000 tration to the committee under section 11(b) the Senate January 28, 1997: IN THE AIR FORCE of the Public Buildings Act of 1959, as DEPARTMENT OF ENERGY THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT amended, may not be considered by the com- TO THE GRADES INDICATED IN THE U.S. AIR FORCE AND mittee as being a prospectus subject to ap- FEDERICO PENA, OF COLORADO, TO BE SECRETARY OF FOR REGULAR APPOINTMENT (IDENTIFIED BY AN AS- ENERGY, VICE HAZEL ROLLINS O’LEARY, RETIRED. TERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND 531: proval by committee resolution in accord- FOREIGN SERVICE ance with section 7(a) of that Act. A project To be colonel described in the report may be considered for THE FOLLOWING-NAMED CAREER MEMBERS OF THE NEAL A. ANDREN, 0000 SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF DAVID R. ARBUTINA, 0000 committee action only if it is submitted as a STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- JOSEPH A. BARTOLONI, JR., 0000 prospectus in accordance with section 7(a) ICE TO THE CLASSES INDICATED: GEORGE V. BLACKWOOD, 0000 and is subject to the provisions of paragraph CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE STEVEN B. BLANCHARD, 0000 (1) of this rule. OF THE UNITED STATES OF AMERICA, CLASS OF CAREER JAMES E. BLOOD, 0000 MINISTER: VICTOR P. BRADFORD, 0000 (d) NAMING PUBLIC FACILITIES: The com- JOHN C. KORNBLUM, OF MICHIGAN RAYMOND J. BYRON, JR., 0000 mittee may not name a building, structure EDWARD S. WALKER, JR., OF MARYLAND CHARLES W. CAMPBELL, JR., 0000 or facility for any living person, except GERARD A. CARON, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE JON M. CASBON, 0000 former Presidents or former Vice Presidents OF THE UNITED STATES OF AMERICA, CLASS OF MIN- JAMES D. COLLIER, 0000 of the United States, former Members of ISTER-COUNSELOR: DAVID E. CORMAN, 0000 Congress over 70 years of age, or former Jus- MARSHALL P. ADAIR, OF FLORIDA CHARLES W. COTTA, 0000 JEFFREY A. BADER, OF FLORIDA EDWARD R. CUNNINGHAM, 0000 tices of the United States Supreme Court LAWRENCE REA BAER, OF CALIFORNIA JOSEPH A. DEERING, 0000 over 70 years of age. DONALD KEITH BANDLER, OF PENNSYLVANIA STEPHEN DERDAK, 0000 RULE 8. AMENDING THE RULES JAMES W. BAYUK, OF ILLINOIS KENNETH F. DESROSIER, 0000 ELDON E. BELL, OF SOUTH DAKOTA WILLIAM E. DICKERSON, 0000 The rules may be added to, modified, JAMES D. BINDENAGEL, OF CALIFORNIA PHILIP J. DUCHAMP, 0000 amended, or suspended by vote of a majority RALPH L. BOOYCE, JR., OF VIRGINIA JAMES R. EBERT, 0000 PRUDENCE BUSHNELL, OF VIRGINIA SAMUEL B. ECHAURE, 0000 of committee members at a business meeting WENDY JEAN CHAMBERLIN, OF VIRGINIA MARK A. EDIGER, 0000 if a quorum is present.∑ LYNWOOD M. DENT, JR., OF VIRGINIA MICHAEL F. EYOLFSON, 0000 C. LAWRENCE GREENWOOD, JR., OF FLORIDA *JOSEPH C. FARMER, 0000 f JOHN RANDLE HAMILTON, OF VIRGINIA MICHAEL L. FARRELL, 0000 HOWARD FRANKLIN JETER, OF SOUTH CAROLINA CESARIO F. FERRER, JR., 0000 ORDERS FOR WEDNESDAY, CHARLES KARTMAN, OF VIRGINIA THOMAS J. FOGARTY, 0000 JANUARY 29, 1997 KATHRYN DEE ROBINSON, OF TENNESSEE CRAIG B. FOWLER, 0000 PETER F. ROMERO, OF FLORIDA DONALD S. GEEZE, 0000 Mr. LOTT. Mr. President, I ask unan- WAYNE S. RYCHAK, OF MARYLAND DAVID E. GEYER, 0000 EARL A. WAYNE, OF CALIFORNIA PENNY M. GIOVANETTI, 0000 imous consent that when the Senate R. SUSAN WOOD, OF FLORIDA DENNIS N. GRAHAM, 0000 completes its business today it stand in THE FOLLOWING-NAMED CAREER MEMBERS OF THE RICHARD G. GRIFFITH, 0000 adjournment until the hour of 9:30 FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR DAVID L. GUERRA, 0000 FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- DALE C. GULLICKSON, 0000 a.m., Wednesday, January 29; further, SULAR OFFICERS AND SECRETARIES IN THE DIPLO- LYNN F. HAINES, 0000 immediately following the prayer, the MATIC SERVICE, AS INDICATED: MOLLY J. HALL, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE RAYMOND H. HANCOCK, 0000 routine requests through the morning OF THE UNITED STATES OF AMERICA, CLASS OF COUN- LEO M. HATTRUP, 0000 hour be granted and the Senate then SELOR: PAUL A. HEIDEL, 0000 JAY B. HIGGS, 0000 WARRINGTON E. BROWN, OF NEW JERSEY immediately proceed to executive ses- DANIEL T. HINKIN, 0000 LAWRENCE E. BUTLER, OF MAINE GEORGE M. HORSLEY, 0000 sion as under the previous order. JAMES PHILIP CALLAHAN, OF FLORIDA DAVID E. HRNCIR, 0000 JAMES J. CARRAGHER, OF CALIFORNIA The PRESIDING OFFICER. Without LOREN M. JOHNSON, 0000 JOHN R. DINGER, OF IOWA ALBERT L. KLINE, 0000 objection, it is so ordered. BEN FLOYD FAIRFAX, OF VIRGINIA PHILIP A. LAKIER, 0000 NICK HAHN, OF CALIFORNIA JOHN A. LEVON, 0000 f WILLIAM THOMAS HARRIS, JR., OF FLORIDA ANN KELLY KORKY, OF NEW JERSEY KATHLEEN A. LINDELL, 0000 PROGRAM RICHARD E. KRAMER, OF TENNESSEE CHRISTIAN L. MAEDER, 0000 RICHARD BURDETTE LEBARON, OF VIRGINIA CHARLES T. MORTON, 0000 Mr. LOTT. Mr. President, for the in- ANTOINETTE S. MARWITZ, OF VIRGINIA MICHAEL F. NEUBAUER, 0000 formation of all Senators, at 9:30 to- ROBERT JOHN MC ANNENY, OF CONNECTICUT JERRY B. OWEN, 0000 EDWARD MC KEON, OF THE DISTRICT OF COLUMBIA JOSEPH M. PALMA, 0000 morrow morning the Senate will begin WILLIAM T. MONROE, OF CONNECTICUT NANCY G. PERRY, 0000 30 minutes of debate on the nomination LAUREN MORIARTY, OF HAWAII RONALD C. PRATT, 0000 MICHAEL C. MOZUR, OF VIRGINIA ROMIE N. RICHARDSON, 0000 of Andrew Cuomo to be Secretary of STEPHEN D. MULL, OF PENNSYLVANIA JOHN C. RIGILANO, 0000 the Department of Housing and Urban MICHAEL ELEAZAR PARMLY, OF FLORIDA DOUGLAS P. ROCKWOOD, 0000 JO ELLEN POWELL, OF THE DISTRICT OF COLUMBIA MELISSA ROSADODECHRISTENSON, 0000 Development. Therefore, all Senators DAVID E. RANDOLPH, OF ARIZONA RUDOLF R. ROTH, 0000 should expect the rollcall vote on the VICTOR MANUEL ROCHA, OF CALIFORNIA FREDERICK W. RUDGE, 0000 ANTHONY FRANCIS ROCK, OF NEW HAMPSHIRE DAVID C. RUPP, 0000 nomination to begin at approximately LAWRENCE GEORGE ROSSIN, OF CALIFORNIA KEVIN P. RYAN, 0000 10 a.m., on Wednesday. JOHN M. SALAZAR, OF NEW MEXICO ARLEEN M. SAENGER, 0000 SANDRA J. SALMON, OF FLORIDA MAURICE R. SALAMANDER, 0000 Following the vote, I expect a period JANET A. SANDERSON, OF ARIZONA ALAN C. SCHOLD, 0000 for the transaction of morning business RONALD LEWIS SCHLICHER, OF TENNESSEE COURTNEY D. SCOTT, JR., 0000 JOSEPH B. SCHREIBER, OF MICHIGAN STEPHEN J. SHARP, 0000 to allow Senators to make statements RICHARD HENRY SMYTH, OF CALIFORNIA MICHAEL F. SHEDLOSKY, 0000 and to introduce legislation. WILLIAM A. STANTON, OF CALIFORNIA LESLIE M. SHIGETANI, 0000 It is also possible on Wednesday that GREGORY MICHAEL SUCHAN, OF OHIO STEPHEN M. SILVERS, 0000 LAURIE TRACY, OF VIRGINIA RICK M. SMITH, 0000 the Senate will debate the nomination, FRANK CHARLES URBANCIC, JR., OF INDIANA LAWRENCE SPENCE, 0000 at least for a while, of William Daley HARRY E. YOUNG, JR., OF MISSOURI RICHARD L. STAHLMAN, 0000 WILLIAM E. STRAMPE, 0000 to be Secretary of Commerce. However, CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, DONALD J. SWIERENGA, 0000 the vote on the nomination may occur CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND JOE R. TAYLOR, 0000 SECRETARIES IN THE DIPLOMATIC SERVICE OF THE CYNTHIA P. THIEL, 0000 UNITED STATES OF AMERICA: on Thursday of this week, and it will THOMAS W. TOWNSEND, 0000 not occur tomorrow. Once again, all JOHN R. BAINBRIDGE, OF MARYLAND THOMAS W. TRAVIS, 0000 BERNARD W. BIES, OF SOUTH DAKOTA DANIEL L. VAN SYOC, 0000 Members will be notified when this MELVIN L. HARRISON, OF VIRGINIA ROBERT L. VANHOUSE, 0000 vote is scheduled for a time certain. LAWRENCE N. HILL, OF CALIFORNIA JUDITH A. VARNAU, 0000 BERNARDO SEGURA-GURON, OF VIRGINIA RONALD G. VERRETT, 0000 f MARK STEVENS, OF FLORIDA KEVIN H. VOSS, 0000 FREDERICK J. SUMMERS, OF CALIFORNIA JANE B. WARD, 0000 ADJOURNMENT UNTIL 9:30 A.M. BROOKS A. TAYLOR, OF NEW HAMPSHIRE KEVIN B. WEST, 0000 WILLIAM L. YOUNG, OF VIRGINIA TOMORROW MARIE Y.A. WILLIAMS, 0000 IN THE ARMY DAVID T. WOFFORD, 0000 ROBERT C. ZALME, 0000 Mr. LOTT. Mr. President, if there is THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT PAUL R. ZIAYA, 0000 no further business to come before the TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR BENTON P. ZWART, 0000

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 9801 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S776 CONGRESSIONAL RECORD — SENATE January 28, 1997 To be lieutenant colonel CHRISTOPHER, SARTORI, 0000 RUSSELL T. COLEMAN, 0000 JANE E. SASAKI, 0000 ANDREW J. COLLINS, 0000 ROOSEVELT ALLEN, JR., 0000 ANDREW J. SATIN, 0000 ALBERTO M. COLON, 0000 THOMAS E. APPLEGATE, 0000 ROBERT P. SCHIERMEYER, 0000 PAUL B. CONDIT, 0000 TOMMY J. ATTAWAY, 0000 FRANK J. SHELTON, 0000 FOY D. CONNELL, 0000 TREVOR C. AXFORD, 0000 PHILIP D. SHELTON, 0000 ROBERT R. COOPE, 0000 PETER A. BAUER, 0000 JODI L. SISKIN, 0000 DAVID D. COPP, 0000 DIANE M. BEECHER, 0000 THOMAS M. SLYTER, 0000 TERRY L. CORRELL, 0000 CHRISTIAN R. BENJAMIN, 0000 ROBERT E. SMITH, II, 0000 DANIEL L. COURNEYA, 0000 MARK H. BENTELE, 0000 WILLIAM N. SNEARLY, 0000 DANIEL J. COVERDELL, 0000 JAMES H. BERRO, 0000 WILLIAM H. SNEEDER, JR., 0000 STEPHEN D. CRAIG, 0000 RONALD L. BERRY, 0000 MARK J. SNELL, 0000 KENNETH E. CRAMER, 0000 MARK C. BIDWELL, 0000 JILL L. STERLING, 0000 GERALD E. CRITES, 0000 WILLIAM E. BOLGER, 0000 JAMES R. STEWART, 0000 MARK T. CUCUZZELLA, 0000 RICHARD P. BOYLE III, 0000 PATRICK R. STORMS, 0000 DAVID L. CUNNINGHAM, 0000 CHARLES F. BOTTI, 0000 ALAN J. SUTTON, 0000 RICHARD B. CURD, 0000 JOSEPH A. BRENNAN, 0000 JEFFREY M. SWARTZ, 0000 JOSEPH L. CVANCARA, 0000 CRAIG A. BUTLER, 0000 CHARLES A. SYMS, 0000 PAUL CZERWINSKI, 0000 WILBERT CAIN, 0000 KATHLEEN S. TAJIRI, 0000 JOHN E. DAVINE, 0000 WILLIAM M. CAMPBELL, 0000 DONALD F. THOMPSON, 0000 ERNEST B. DE BOURBON, 0000 BRICE B. CHOI, 0000 ERIC R. TOMPKINS, 0000 MELANIE A. DEHART, 0000 THOMAS M. CHOPP, 0000 STEVEN M. TOMSKI, 0000 DONNE E. P. DELLE, 0000 MICHAEL P. COLLINS, 0000 STEVEN M. TOPPER, 0000 BRUCE J. DENENNY, 0000 GARY D. CROUCH, 0000 ARJEN L. VANDEVOORDE, 0000 RAJIV H. DESAI, 0000 MICHAEL P. CUNNINGHAM, 0000 KAREN E. WARSCHAW, 0000 JOSEPH V. DESANTI, 0000 KENDALL P. DESELMS, 0000 LOUIS A. DAGOSTINO, 0000 RONALD S. WATTS, 0000 JEFFERY R. DENTON, 0000 HEIKE DEUBNER, 0000 GREGORY M. WICKERN, 0000 ROBERT W. DODSON, 0000 PAUL J. DICKINSON, 0000 STEPHEN D. WINEGARDNER, 0000 MATTHEW J. DOLAN, 0000 LEE H. DIEHL, 0000 PHILLIP A. WOLFE, 0000 WAYNE H. DUDLEY, 0000 TUAN A. DOAN, 0000 GROVER K. YAMANE, 0000 DANIEL M. DUFFY, 0000 STEPHEN M. DONAHUE, 0000 MATHEW F. YETTER, 0000 DANIEL G. DUPONT, 0000 CHRISTEN MC INTYRE DOUCET, 0000 PAUL A. YOUNG,* 0000 BLAKE J. EDINGER, 0000 BRIAN B. DURSTELER, 0000 CHRISTOPHER M. ZAHN, 0000 CHARLES R. ELLIS, 0000 MARK E. DWINELL, 0000 EARL B. ELLIS, 0000 To be major DONALD T. EAGLE, 0000 GEORGE W. ESTES, 0000 GREGORY M. EBERHART, 0000 CRAIG A. FLICKINGER, 0000 GREGORY A. ABRAHAMIAN, 0000 ROBERT J. ECKERSON, 0000 WILLIAM J. FLYNN, 0000 ALAA Y. AFIFI, 0000 THOMAS F. ECKERT, 0000 GARY S. FRIES, 0000 JON W. AHLSTROM, 0000 THOMAS A. EDELL, 0000 DAVID W. GALE, 0000 FRANK W. ALLARA, JR., 0000 PETER T. ENDER, 0000 STEPHEN E. GARNER, 0000 SUZANNE M. ALLEN, 0000 JOANNA L. ENGLISH, 0000 WILLIAM A. GIBSON, 0000 PETER J. ALMQUIST, 0000 MILTON E. ERHART JR., 0000 JAMES M. GLOVER, 0000 LAURA A. ANDERS, 0000 MARK A. ERICKSON, 0000 RICHARD M. GODDARD, 0000 CHERRIE A.A. ANDERSEN, 0000 MARK D. ERVIN, 0000 MICHAEL C. GORDON, 0000 PAUL J. ANDREWS, 0000 VALERIE A. EVERHART, 0000 MICHAEL W. GORUM, 0000 ALAN K. ANZAI, 0000 DAVID E. FARNIE, 0000 MICHAEL K. GOWESKY, 0000 GARY L. ARAGON, 0000 KENNETH D. FARR, 0000 JOYCE R. GRISSOM, 0000 THEODORE V. AREVALO, 0000 DANIEL J. FEENEY, 0000 THOMAS E. GRISSOM, 0000 JOSEPH M. ARMOTRADING, 0000 GREGG A. FERRERO, 0000 PHILLIP W. HALCUM, 0000 RICHARD D. BAKER, 0000 SEAN D. FINK, 0000 DAVID C. HALL, 0000 MICHAEL W. BAILEY, 0000 RONALD M. FIRTH, 0000 TIMOTHY J. HALLIGAN, 0000 TIMOTHY D. BALLARD, 0000 ADAM R. FISHER, 0000 DANIEL C. HAMAN, 0000 BRUCE D. BANWART, 0000 DANIEL K. FLOOD, 0000 MARK S. HARBER, 0000 LEV L. BARATS, 0000 THEODORE J. FOONDOS, 0000 DIANNE Y. HARRIS, 0000 SHAWN A. BARRETT, 0000 FREDRICK L. FOX, 0000 ROBERT M. HAWS, 0000 GORDON W. BATES, JR., 0000 JAMES A. FRENCH, 0000 PETER J. HEATH, 0000 SCOTT L. BEALS, 0000 IMRE GAAL, JR., 0000 LORI J. HEIM, 0000 BRIAN M. BEARD, 0000 JILL A. GABRIELSEN, 0000 MICHAEL J. HERRMANN, 0000 ENRIQUE R. BEDIA, 0000 JOHN V. GANDY, 0000 RICHARD F. HOWARD, 0000 PETER F. BERGLAR, 0000 PATRICIA L. GANNON, 0000 JOSE E. IBANEZPABON, 0000 RONALD J. BERKA, 0000 MONICA C. GAVIN, 0000 JON D. IGELMAN, 0000 ARACELIA BERNIER, 0000 GARY J. GERACCI, 0000 WILLIAM F. JENNINGS, 0000 CHARLES P. BIEDIGER, 0000 JOHN S. GERAGHTY, 0000 TIMOTHY T. JEX, 0000 DAVID A. BILLINGS 0000 TAMI GERSTNER, 0000 MARTIN L. JOHNSON, 0000 NATALY M. BILYK, 0000 GEORGE E. GIBBONS, 0000 MICHAEL P. JONES, 0000 CHRISTOPHER W. BLANK, 0000 ANN M. GILBERT, 0000 BARBARA B. KING, 0000 DAN W. BODILY, 0000 JOHN M. GOOCH, 0000 STEPHEN A. KNYCH, 0000 JERRY D. BOGGS, 0000 STEVEN J. GRAF, 0000 JON D. KUNSCH, 0000 KENNETH J. BOONE, 0000 KENNETH J. GRAHAM, 0000 DENNIS P. LAWLOR, 0000 JAMES J. BORDERS, 0000 PAUL B. GREENBERG, 0000 JACK H. LINCKS, 0000 PAUL J. BOTELHO, 0000 RICHARD L. GREENO, 0000 RUSSELL M. LINMAN, 0000 SANDRA J. BOXELLDUCKWORTH, 0000 CLARK J. GREGOR, 0000 STEVEN C. LYNCH, 0000 JAMES E. BOYD, 0000 GEORGE B. GRIFFIN, 0000 ERIC A. MAIR, 0000 DAVID L. BOYER, 0000 PETER H. GRUBB, 0000 ANDREW C. MARCHIANDO, 0000 JOHN E. BRADY, 0000 TODD D. HABEL, 0000 *GEORGE A. MARTIN, 0000 DAREN J. BRAGET, 0000 E. RONALD HALE, 0000 MICHAEL W. MARTIN, 0000 BLAINE A. BRECHT, 0000 LISA V. HAMILL, 0000 JOHN A. MASON, JR., 0000 RONALD E. BREININGER, 0000 ERIC H. HANSON, 0000 *BRIAN J. MASTERSON, 0000 DAVID A. BRICKEY, 0000 JOHN H. HARDY, JR., 0000 PAGE W. MC NALL, 0000 CHARLES D. BRICKNER, 0000 DONOVAN R. HARE, 0000 ROBERT J. MEDELL, 0000 ELIZABETH PRICE BRIGGS, 0000 THOMAS W. HARRELL, 0000 DONALD M. MEDUNA, 0000 JONTHAN W. BRIGGS, 0000 BENJAMIN A. HARRIS, 0000 PATRICIA MERRILLWILSON, 0000 DONALD A. BRIGHT, 0000 MARK D. HARRIS, 0000 GREGG S. MEYER, 0000 BRIAN C. BROST, 0000 VANESSA M. HART, 0000 *VINCENT J. MICHAUD, 0000 DANIEL M. BRUDNAK, 0000 CLAUDE A. HAWKINS, 0000 JAMES S. MOELLER, 0000 LAWRENCE T. BURD, 0000 JOHN L. HAWS, 0000 SUSAN W. MONGEAU, 0000 ANN E. BURKE, 0000 ALLEN J. HEBERT, JR., 0000 MICHAEL A. MOSUR, 0000 JAMES A. BURNS, 0000 DAVID P. HERNANDEZ, 0000 THOMAS A. NEAL II, 0000 KIMBERLY L. BURNS, 0000 JAMES R. HERZOG, 0000 WILLIAM E. NELSON, 0000 MARK P. BURTON, 0000 MARC A. HESTER, 0000 BRENT E. NIKOLAUS, 0000 LEANDRO T. CABANILLA, 0000 PATRICK V. HICKLE, 0000 DANIEL S. NOYES, 0000 JEFFREY S. CALDER, 0000 STEPHEN V. HINGSON, 0000 KELLY P. O’KEEFE, 0000 RANDY W. CALICOTT, 0000 PAUL D. HINRICHS, 0000 MICHAEL J. OPATOWSKY, 0000 STEFFEN S. CAMERON, 0000 GRETCHEN NMN HINSON, 0000 MICHAEL W. PALUZZI, 0000 CHRISTOPHER CAMPBELL, 0000 DAVID E. HIPP, 0000 MICHAEL S. PANOSIAN, 0000 DANIEL S. CAPLIN, 0000 JOHN E. HO, 0000 THEODORE W. PARSONS, III, 0000 THOMAS A. CARLSON, 0000 FRANCIS T. HOLLAND, 0000 PHYLLIDA M. PATERSON, 0000 DAVID B. CARMACK, 0000 SCOTT A. HOLLINGTON, 0000 JAMES L. PAUKERT, 0000 LORAINE L. CARROLL, 0000 ERIC G. HOOVER, 0000 MARY M. PELSZYNSKI, 0000 PAUL M. CARTER, 0000 JAN HESTER HOPKINS, 0000 MARCUS L. PETERSON, 0000 RONALD C. CARVER, 0000 ELIZABETH C. HORENKAMP, 0000 *BRIAN D. PEYTON, 0000 JON C. CASTER, 0000 ANN L. HOYNIAKBECKER, 0000 MORIA C. PFEIFER, 0000 WILLIAM F. CATELLI, 0000 LORI B. HUDSON, 0000 RONALD D. POOLE, 0000 LAMONT E. CAVANAGH, 0000 PETER A. HUDSON, 0000 *ELISHA T. POWELL, IV, 0000 GEORGE J. CEREMUGA, 0000 MARGARET M. HUFF, 0000 WILLIAMS S. POWELL, JR., 0000 JOHN B. CHACE, 0000 TIMOTHY W. HUISKEN, 0000 ADIN T. PUTNAM, II, 0000 MICHELE K. CHAI, 0000 KRISTINE A. HUNTER, 0000 DANIEL J. QUENNEVILLE, 0000 GEORGE L. CHANG, 0000 MYLENE P. HUYNH, 0000 ROBERT D. RAKOV, 0000 ALBERT C.M. CHEN, 0000 DANIEL M. IHNAT, 0000 RAUL E. RAMIREZACEVEDO, 0000 ANN M. CHILDERS, 0000 RICHARD D. INGLESE, 0000 *BRIAN V. REAMY, 0000 DARWIN B. CHILDS, 0000 EDWARD W. IRICK, 0000 DAVID A. RIGGS, 0000 NISHAN H. CHOBANIAN, JR., 0000 CHRISTINA V. JACOBS, 0000 *DIANE C. RITTER, 0000 SCOTT L. CHRISTENSEN, 0000 MICHAEL S. JAFFEE, 0000 MARK P. ROBBINS, 0000 WILLIAM A. CHRISTMAS, 0000 JOEL K. JAGER, 0000 *MARC S. ROBINS, 0000 JOSEPH D. CLARK, 0000 GORDON W. JAMES, 0000 JAMES L. RUSHFORD, 0000 THOMAS F. CLARKE, 0000 GEORGE V. JANKU, 0000 BRADLEY S. RUST, 0000 KEVIN E. CLEGG, 0000 RONALD W. JARL, 0000

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 9801 E:\1997SENATE\S28JA7.REC S28JA7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY January 28, 1997 CONGRESSIONAL RECORD — SENATE S777

DAVID J. JASKIERNY, 0000 SIMONE L. NORRIS, 0000 LINDA G. SHAFFER, 0000 JAMES E. JENNINGS, 0000 MONICA L. NORWICK, 0000 CATHERINE A. SHANAHAN, 0000 PAUL C. JOHNSON IV, 0000 WILLIAM N. ODURO, 0000 JANET C. SHAW, 0000 MICHELE M. JOINES, 0000 JAMES R. OGBURN, JR., 0000 JACK B. SHELTON, JR., 0000 KARA K. JORVE, 0000 JEFFREY M. OSWALD, 0000 LORI H. SHILT, 0000 ERIC L. KEAN, 0000 MICHAEL G. OLDROYD, 0000 MICHAEL S. SIELING, 0000 KRISTOPHER A. KECK, 0000 NATHAN R. OLSEN, 0000 AMY JO SILLIMAN, 0000 INEZ M. KELLEHER, 0000 STEPHEN W. ORVILLE, 0000 PETER R. SILVERO, 0000 AMIR I. KENDE, 0000 JAMES M. OSBORN, 0000 STACEY A. SIMONSON, 0000 JOHN B. KERRISON, 0000 D. CHASE OWENS, 0000 DAVID W. SIMPSON, 0000 MICHAEL P. KEZMOH, 0000 CAMILO H. PALACIO, 0000 JOSEPH P. SIMPSON, 0000 MICHAEL KIM, 0000 MARK L. PALMERI, 0000 PAUL J. SIMS, 0000 RUSSEL F. KING II, 0000 GREGORY C. PARK, 0000 BRIAN P. SKOP, 0000 TIFFANI L. KING, 0000 DAVID P. PARKER, 0000 ARNOLD SMALLS, 0000 TAMMY L. KITCHENS, 0000 PHILLIP E. PARKER, 0000 ALICE B. SMITH, 0000 ALFRED L. KNABLE, 0000 VINCENT J. PASQUARELLO, JR., 0000 BARTON E. SMITH, 0000 LEANN K. KOCHER, 0000 CRAIG P. PATTEN, 0000 BRYAN C. SMITH, 0000 PETER B. KOVATS, 0000 ROBERT A. PATTERSON, 0000 ERIC W. SMITH, 0000 PAUL R. KOWALSKI, 0000 JOSEPH P.R. PELLETIER, 0000 JESUS L. SOJO, 0000 DAVID M. KUHLMANN, 0000 WILBUR D. PERALTA, 0000 THERESA M. SOTO, 0000 DAVID L. KUTZ, 0000 JON F. PETERSEN, 0000 MICHELLE SPECTOR, 0000 GIAEVITA, LANZANO, 0000 TAMARA JOY PFEILER, 0000 NATHAN O. SPELL III, 0000 LARA INGA LARSON, 0000 DONALD G. PHILLIPS, 0000 JENNIFER L. SPERANDIO, 0000 DEREK B. LAURITZEN, 0000 KORRI L. PHILLIPS, 0000 PATRICK R. SPIERING, 0000 KEITH W. LAWHORN, 0000 BRIAN R. PIERCE, 0000 BRYNNE B. STANDAERT, 0000 MARK E. LAWLOR, 0000 MICHAEL R. PIERSON, 0000 JULIE A. STARK, 0000 ROSE MARIE LEARY, 0000 AJIT V. PILLAI, 0000 ANTHONY G. STEELE, 0000 THOMAS R. LECHNER, 0000 SHARON R. PLAMP, 0000 JOEL W. STEELMAN, 0000 THOMAS J. LEYTHAM, 0000 TRACY L. POPEY, 0000 CHRISTOPHER C. STEFFY, 0000 ARLENE L. LIBBY, 0000 DAVID M. POWELL, 0000 STEVEN J. STEIN, 0000 CHERYL A. LINN, 0000 DOUGLAS L. POWELL, 0000 THERESA L. STEWART, 0000 ELIAHU A. LITMAN, 0000 JERRY W. PRATT, 0000 KANTHA R.K. STOLL, 0000 RICHARD M. LITTLE, 0000 TODD G. PREWITT, 0000 CHARLES A. STRICKLAND, 0000 DARREN K. LOKKESMOE, 0000 ANTHONY M. PROPST, 0000 DAVID L. STROBEL, 0000 FRANK E. LORCH IV, 0000 DOUGLAS M. RADMAN, 0000 IVAN J. SUNER, 0000 JACOB K. LUDER, 0000 RONALD T. RAKOWSKI, 0000 DAVID A. SVETEC, 0000 WILLIAM B. LUJAN, 0000 JONATHAN C. REBOTON, 0000 ROBERT G. SWANSON, 0000 KIRSTEN E. LYKE, 0000 PATRICK R. REDDAN, 0000 HAROLD TATE, 0000 WILLIAM R. LYMAN, 0000 JAMES E. REESE, 0000 TODD A. TEGTMEIER, 0000 MICHELE S. LYNCH, 0000 CATHERINE A. REGAN, 0000 DAN E. THOMAS, 0000 ROBERT MAC DONALD IV, 0000 RONALD S. RENZEMA, 0000 PAUL C. THORNTON, 0000 ZACHARY N. MALACHIAS, 0000 JOHN E. REYNOLDS, 0000 DAVID C. THORNTON, 0000 DARRYL E. MALAK, 0000 MARK M. REYNOLDS, 0000 PAUL H. TING, 0000 STEVEN C. MALLER, 0000 MARLAN L. RHAME III, 0000 RICHARD J. TOM, 0000 KENNETH E. MANN, 0000 ROBERT W. RHO, 0000 ANDREA C. TRADER, 0000 TIMOTHY P. MANSON, 0000 MICHAEL G. RHODE, 0000 CRAIG L. TREPTOW, 0000 ROBIN M. MANTOOTH, 0000 GLORIA RIBAS SCHULTZ, 0000 DONALD E. TRUMMEL, 0000 JENNIFER L. MARKLEY, 0000 JAMES R. RICK, 0000 DANIEL C. TUBBESING, 0000 ROY C. MARLOW, 0000 SARA L.S. RICKMAN, 0000 TIMOTHY R. TUEL, 0000 BARBARA MARTIN, 0000 WALTER P. RISLEY III, 0000 JOHN D. TURNER, 0000 TRACY L. MARTIN, 0000 DAMIAN M. RISPOLI, 0000 FREDERICK P. VANDUSEN, 0000 SCOTT C. MASSIOS, 0000 ERIC R. RITCHIE, 0000 SARA E.G. VANSCOY, 0000 ANDREW L. MATTHEWS, 0000 CAREY A. ROBAR, 0000 WILLIAM R. VANSCOY JR., 0000 MICHAEL F. MAZZONE, 0000 SANFORD E. ROBERTS II, 0000 EILEEN F. VENABLE, 0000 BRIAN J. MC CALLIE, 0000 COLETTE M. ROBERTSON, 0000 FELIPE L.G. VIDELA, 0000 GEORGETTE J. MC CANCE, 0000 DAVID L. ROBINSON, 0000 HEATHER R. VIESSELMAN, 0000 JOHN F. MC GUIRE, 0000 NOEL K. ROBINSON, 0000 ANTHONY VITALI, 0000 MARK B. MC HANEY, 0000 PAUL G. ROLINCIK III, 0000 DALE A. VOLQUARTSEN, 0000 JOHN P. MC KENNA, JR., 0000 JAVIER, ROMAN GONZALEZ, 0000 ROBERT B. WADE, 0000 JAMES R. MC WILLIAM, 0000 DOUGLAS M. ROUSE, 0000 MICHAEL N. WAJDOWICZ, 0000 CHRISTINE A. MEECE, 0000 ELIZABETH A. ROUSE, 0000 JOHN K. WALL, 0000 JONATHAN F. MERCER, 0000 CHRISTOPHER J. RYAN, 0000 APRIL C. WALTON, 0000 COLIN A. MIHALIK, 0000 MALIN A. SADLER, 0000 JOHN S. WALTZ, 0000 SHANNON C. MILLER, 0000 JAY G. SAILER, 0000 PETER WANG, JR., 0000 JAMES A. MIRAZITA, 0000 MARIA SANTOS, 0000 NATHAN C. WARD, 0000 JANE B. MIZENER, 0000 DAVID S. SAPERSTEIN, 0000 EDITH A. WARREN, 0000 STEVEN A. MONTAGUE, 0000 DAVID C. SASSER, 0000 JOHN D. WARTELLA, 0000 SCOTT R. MOOSE, 0000 MARK T. SAVARISE, 0000 ERIC R. WEIDMAN, 0000 KEITH H. MORITA, 0000 DAVID P. SCHAMMEL, 0000 CHRISTOPHER M. WEINMANN, 0000 KAREN L. MORRISSETTE, 0000 CHRISTOPHER G. SCHARENBROCK, 0000 ROBERT L. WEISS, 0000 DAVID L. 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