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, MONDAY, JUNE 9, 1997 No. 79 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 10, 1997, at 10:30 a.m. Senate MONDAY, JUNE 9, 1997

The Senate met at 12 noon, and was ORDERS FOR TODAY MORNING BUSINESS called to order by the President pro Mr. FRIST. Mr. President, on behalf The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. of the majority leader, I ask unani- the previous order, the Senate is in a mous consent that the routine requests period of morning business. PRAYER through the morning hour be granted, The PRESIDING OFFICER. The Sen- and the Senate then be in a period of ator from Minnesota. The Chaplain, Dr. Lloyd John morning business with Senators per- Mr. WELLSTONE. I thank the Chair. Ogilvie, offered the following prayer: mitted to speak up to 10 minutes, with Mr. President, I am not quite sure Sovereign God, our help in all the ups the following exceptions: Senator what the business of the Senate will be and downs of life, all the triumphs and COVERDELL or his designee for 60 min- this week. I would be interested in defeats of political life, and all the utes, from the hour of 4 p.m. to 5 p.m., knowing what the majority leader is changes and challenges of leadership, Senator DASCHLE or his designee for 60 planning. You are our Lord in all seasons and for minutes, and Senator MURKOWSKI, for PRIVILEGE OF THE FLOOR all reasons. We can come to You when 20 minutes. Mr. WELLSTONE. Mr. President, I Mr. WELLSTONE. Reserving the life makes us glad or sad. There is no ask unanimous consent that Brian right to object, and I do not think I place or circumstance beyond Your Ahlberg be permitted privileges of the will, I wonder whether the acting lead- control. Wherever we go You are there floor. er would amend his request to include waiting for us. You already are at work The PRESIDING OFFICER. Without Senator WELLSTONE for up to half an with people before we encounter them, objection, it is so ordered. hour. You prepare solutions for our complex- f ities, and You are ready to help us to Mr. FRIST. I ask unanimous consent resolve conflicts even before we ask Senator WELLSTONE be allowed to DISASTER RELIEF You. And so, we claim Your promise speak for up to 30 minutes. The PRESIDING OFFICER (Mr. Mr. WELLSTONE. Mr. President, I given through Jeremiah, ‘‘Call on Me, come to the floor and I think that INHOFE). Without objection, it is so or- and I will answer you, and show great dered. other Senators will certainly be on the and mighty things you do not know.’’— f floor today, tomorrow, and as long as Jeremiah 33:3. it takes, to speak about the disaster in God of win-win solutions, guide the SCHEDULE my State and in the Dakotas and other Senators to discover Your answer for Mr. FRIST. For the information of States as well. I really come to the the present deadlock over the disaster all Members, today the Senate will be floor today to speak about a disaster, relief bill. We thank You in advance for in a period of morning business to really a disaster on top of a disaster, a divinely inspired resolution. In the allow a number of Senators time to because the disaster supplemental, name of our Lord and Saviour. Amen. speak. The Senate may also take up which the Congress completed action any executive or legislative business on Thursday has still not been sent to f cleared for action. As previously an- the White House. There has been a dis- nounced, if any votes are ordered aster in our States and peoples lives RECOGNITION OF THE ACTING today, they would be set aside, not to have been devastated and they are MAJORITY LEADER occur before 5 p.m. As always, all Mem- waiting for additional Federal assist- bers will be notified if and when any ance. The PRESIDENT pro tempore. The votes are scheduled. Mr. President, there is the disaster able acting majority leader is recog- I appreciate my colleagues’ atten- that people are faced with in Min- nized. tion. I yield the floor. nesota and the Dakotas of having been

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

S5387 S5388 CONGRESSIONAL RECORD — SENATE June 9, 1997 flooded out of their homes. I heard the First we have the House of Representa- ton the bill until today, even though the en- Chaplain’s prayer, that we resolve our tives going on vacation, Memorial Day rolling clerk had already finished work on it. impasse this week, and I thank him for recess, not even finishing the bill, not ‘‘We think it’s important that the President his prayer. He is always very sincere even finishing the bill. Then we finally have a weekend to think this thing through,’’ he said. and I hope all of us will listen to him got this passed on Thursday and now But Republicans also needed some time to because there has to be a way that we we find out that, now it is 12:10 Mon- think about what their plan will be if the can get help to people who really are day, they still have not sent the bill measure is vetoed. trying to rebuild their lives. over to the President. This is uncon- GOP leaders were in ‘‘some turmoil’’ over I heard the mayor from Grand Forks, scionable on top of unconscionable. what their game plan should be, as a GOP ND, this morning on one of the na- They did not send the bill over to the aide said. tional network shows. She was saying President on Friday. They know he I put the emphasis on game. Stop that people are doing well at the com- will veto it. What is the majority party playing games. I do not care whether it munity level because they really are doing? I would be quite prepared to de- is Republicans or Democrats. I only helping each other out and trying to bate anybody who wants to debate me care right now about the people in East get back to their regular normal on this. Grand Forks, MN, and the people in the routines. But the one thing that is just I do not agree, most of the people in Dakotas and other communities in continuing to really discourage and de- Minnesota do not agree, with attaching Minnesota. I do not care about these moralize people is they still do not unrelated issues to the supplemental. games. They know the President was know whether or not there will be any Keep the bill clean and get the help to going to veto it. This was just an effort additional Federal assistance. They are people. to embarrass the President and it still waiting week after week after week. Why hasn’t the bill, that you know has not been sent to him. You know Mr. President, I feel that the disas- the President is going to veto, been what, colleagues? I do not know wheth- ter, the other disaster, is the disaster sent to the President? You did not send er you have embarrassed the President here in the Congress. I spoke for a long it on Friday, you have not sent it on or not, I do not think you have, but the time about this last week, and then the weekend, and you have not even point is you have embarrassed your- said at the end of the week—and I am sent it come Monday. Some people can selves. You have embarrassed your- not really, by the way, looking forward be incredibly generous with the suffer- selves because everybody can see to this—I said that I was prepared to ing of others. Can anybody on the floor through this. If you want to provide come to the floor and speak for a long of the U.S. Senate who agrees with this disaster relief to people in an emer- time again this week on the need for decision not to even send the bill to the gency supplemental, then we should this emergency supplemental assist- President—you know he will veto it, understand it is an emergency supple- ance. I do not know what the business then it comes back here, then maybe mental bill. It is a disaster. People are of the Senate will be, but I am prepared we can have an agreement—can any- waiting to rebuild their homes. People to make sure that there is no business body justify that? Not for me, as a Sen- are waiting to rebuild their businesses. as usual in the Senate until we pass a ator from Minnesota, but for the people People are trying to find out whether clean supplemental that the President in East Grand Forks or Grand Forks or or not they are going to be moved be- can sign. This has to be resolved. Warren or Ada, and a whole lot of other cause they live in a floodplain or The particular disaster I want to communities. whether they will not be moved, and speak to this afternoon, Mr. President, Now, here is what I see, and this is they cannot find out anything because is the fact that some very controver- just transparent: of this unbelievable charade that is sial riders have been added to the sup- GOP sources alternately said they declined taking place here. plemental. I think the people in Min- to send the disaster relief bill to the White I really do not understand it. I said nesota and the Dakotas are confused House last week because either they wanted last week that you have seen in the Da- to give the President a chance to change his kotas and Minnesota a real sense of about this issue as well. They do not mind—which they were hoping to do through understand why some Members of the a weekend grassroots effort—or they were community. I see no sense of commu- House and the Senate have insisted on afraid Clinton would be able to monopolize nity here. I see no sense of community adding these controversial riders. The the Sunday talk shows with his explanation here. By the way, the vast majority of purpose of this emergency disaster sup- of the expected veto. people would agree. plemental is to get much needed assist- This is unbelievable. So here is what I voted for the bill because I know ance out to these people who have been we have. Talk about talking out of two how important it is to get help to peo- flooded out of their homes, not as a ve- sides of your mouth. On the one hand ple, but most people understand, and I hicle for unrelated issues like the con- people are saying, no, we do not want can understand, what the President is tinuing resolution and a provision re- to send the bill to them because we doing. That as President, we have one lating to how the 2000 census will be really think that we will have a chance President, he can say, look, give me a done. By the way, the vast majority of to change his mind. On the other hand, disaster relief bill, give me something people in Minnesota do not agree with they say, no, we do not want to send a that provides assistance to people. Do that. bill to him because we know he will not mix up agendas. Do not impose So you have an effort to attach on veto it and we do not want him to be your own agendas about how you want what is called a continuing resolution, on Sunday shows talking about why he the census taken, do not impose your and then you have another amendment has vetoed it. own agenda on whether you want dealing with the way we take our cen- Mr. President, can I suggest a third money spent on education or not, do sus. Unrelated issues that the Presi- point to you, and that is, to people who not impose your own agenda about dent said he would veto the bill over. are waiting for help, they do not under- public parks on a disaster relief bill for By the way, when the President came stand these games. So I suggest to my people. out to visit North Dakota and South colleagues on the majority side that it Now, if anybody wants to debate me, Dakota and Minnesota he said way is time to send the bill to the Presi- come on out. I am willing to stay here back then when he looked at the devas- dent. You should not have delayed it all afternoon. I would be willing to tation, ‘‘I just hope that people will on Friday. You should not be delaying stay here all afternoon. If people don’t keep this a clean bill. Please get the it today. You know full well he will come out, then I assume there is no de- help to people. Do not put on other veto the bill. You are playing politics bate for right now. I want to make it measures.’’ He always said he would with people’s lives. Get the bill back clear, Mr. President—very clear—and I veto it. here, let us get to work and get the would rather not do it and I am sure Now, here is my question. Why hasn’t help to people. This has become really there will be help—but this week, until the bill been sent to the White House callous and really insensitive. this disaster relief bill gets done, inso- yet? Here it is 12:10, today, Monday. To Now here we have another expla- far as I am able to as the Senator from my knowledge, after this piece of legis- nation: Minnesota, I will make sure that noth- lation was to be sent to the President House Majority leader Dick Armey, Texas, ing else gets done here. To the extent on Thursday of last week, it was not. on Friday said Congress would not send Clin- that I can use every bit of knowledge June 9, 1997 CONGRESSIONAL RECORD — SENATE S5389 that I have and leverage as a Senator Wednesday to make yet another plea for I don’t really care whether those I to fight for people in Minnesota. Federal aid to help them recover from the work with look bad. I am worried I am going to make sure that the spring flooding that wrecked their town. about the people in my State. And now Senate is a deliberative body. If my The group of 11 city officials and business leaders got patted on the head, assured that it is Monday and I have a question for colleagues think this process is geared the national leaders feel their pain, and once the majority party: When are you to grind slowly, I am going to make again were promised that the money will going to send this bill to the President? sure that it is practically at a halt. soon be on its way. What are you waiting for? How much This is outrageous, I say to the But if our Federal leaders had been com- more suffering does there have to be? Chair, and he can’t comment, and he pletely honest with the group, they would How many more people do you want to may be in complete agreement with me have said something like: ‘‘You’re going to demoralize? How much longer do you on the substance. But, frankly, he get your flood relief sooner or later, but first want people waiting? Where is your hu- we’re going to play a little political ping- would do the same thing, I think, prob- manity? Send the bill over to the ably if it was his own State. I mean, pong game, and we’re going to use you folks as the ball.’’ President, and then the President will enough is enough. We are not going to I don’t think anybody could have veto the bill—he is going to veto the do business as usual until this disaster said it better. That is what is going on bill. Let’s get to work and let’s have relief bill is passed and we get assist- here, a political ping-pong game using some agreement. Let’s have some com- ance to people. I cannot, for a moment, people in our communities, in the Da- promise. Let’s work things out, let’s understand why—and I doubt whether kotas and in Minnesota, as the ball. It pass this bill, and let’s pass this bill anybody from the majority party is is a political ping-pong game using this week—tomorrow. going to come out and debate me—even people in our communities as the ball. But, Mr. President, we can’t do any- though I don’t agree with adding on Well, I have news for you, colleagues. If thing until the majority party sends other provisions, what I really have that is your plan, don’t plan on con- the bill over. I extend an invitation to trouble understanding is why did they ducting any other business on the floor any of my colleagues: Anytime you not send it to the President Friday? of the U.S. Senate, because there are would like to come out on the U.S. Why is it 12:20 on Monday and this still going to be some of us out here and we Senate floor today and debate this hasn’t been sent to the President? are going to really fight hard this question, please do, because it is a question that people in Minnesota and Maybe delay is fine here, this is all ab- week. This has just become outrageous. stract; but these are people’s lives. I Now, Mr. President, I could focus on in the Dakotas have. If you would like bet you that you ask the American all of the conditions and the lives of to explain to the people in Minnesota people whether or not they think there people in our communities, and I will and in the Dakotas on the floor of the U.S. Senate why you have not sent this is any defense for not sending the bill do that as we move forward this week bill to the President and why you are to the President, which you know is because I want to reserve my voice and engaging in further delay, I would be going to be vetoed, so you can then get my strength for when the majority very pleased for you to do so. I would down to work and finally pass a bill to party is trying to conduct its business get help to people who have been flood- be pleased. Actually, I think really you so I can come out here and make sure owe people that explanation. But I ed out of their homes, I bet you 99 per- that doesn’t happen. But let me, one cent of the people in the country would don’t really think there is any argu- more time at least, bring this to the ment that you can make. say they don’t understand this at all. attention of the people in Minnesota And they should not understand it be- I will conclude this way this after- and in the Dakotas and elsewhere in noon. I want my colleagues to know cause there is simply nothing to de- the country. fend. that I think it is indefensible and I What is going on here? You have a don’t blame you for not being out here Mr. President, the Washington Post disaster, and the disaster is right here had an editorial on Sunday that starts because you can’t defend it. I also want in the Congress. The disaster right here out, ‘‘The President is right and Re- colleagues to know—those in support is the leader—the disaster right here is publicans are wrong about the disaster of this effort—that if we don’t get to the failure of the majority party to relief bill.’’ I will amend that. Frankly, work on this and we don’t pass this dis- move this bill forward. I am sorry, I at this point in time I agree, but I want aster relief bill, then I am prepared— don’t know any other way to say it. to make it crystal clear that it should and I am sure I will be joined by other There are three issues. You have people not be a partisan issue. Let’s just get colleagues as well because I heard Sen- in pain and they need help. They have the help to people, just get a disaster ator DASCHLE express a tremendous been waiting week after week after relief bill with provisions in the bill amount of indignation, along with both week, and they are being used as the that have to do with providing disaster Senators from North Dakota, Mr. relief, and pass it. That is what we ball in a political ping-pong game. CONRAD and Mr. DORGAN, and Senator Second issue. You have people here should do. JOHNSON from South Dakota, and we The Post editorial goes on to say: who decided on an oh-so-clever strat- are prepared to fight very hard. ‘‘Once again’’—this is the language egy and that strategy was to say, OK, So to my colleagues, whoever you are that is important—‘‘in trying to use an here is a disaster relief bill. Everybody on the other side, whoever you are who appropriations bill as a forcing device, is going to be for providing help to peo- made this decision not to even send they have overreached. The amend- ple. So now we have these other agen- this bill to the President, causing yet ments raise important issues that de- das. Why don’t we take our other polit- further delay and postponing the time serve to be debated on the merits and ical agendas having to do with the Cen- when people will finally get help back under the regular rules.’’ And then the sus Bureau and their work, and public in Minnesota, for some reason, I gather conclusion—‘‘An emergency bill to pro- parks and roads, having to do with you think this is a clever strategy. I vide flood relief in the upper Midwest, fights over budget priorities, and why want you to know that people see and to pay some of the cost of the don’t we just put these provisions in through it and, in any case, I want you Bosnia peacekeeping mission, and to this bill? That is a disaster. But now to know that until we get the work plug a few unexpected holes in the we have another disaster. The disaster done here and we get the help to peo- budget, is the wrong place to thrash I am talking about today is the disas- ple, as a Senator from Minnesota, I am out these other issues.’’ They were ter of the majority party and after going to make sure that there will be talking about right-of-way across Fed- loading on these provisions and know- no business as usual on the floor of the eral lands like this. They ought to ing the President is going to veto the U.S. Senate. I may not always be able back off. bill on Friday, not sending the bill to get the floor, and it may not be all Here is an article written in the Pio- over, and with the bogus argument that easy, but I am quite convinced neer Press by columnist Bill Salisbury. made about how ‘‘we didn’t want to be- that this is what I should do, and I ‘‘Political Ping-Pong is a Pathetic cause we thought maybe the President think other Senators will do the same Game.’’ That is quite a title. It starts would change his mind,’’ or ‘‘actually, thing. There comes a point in time out: we didn’t want to because, if we did, when the only thing you can do, if you The folks from Grand Forks and East the President could get on the Sunday are trying to fight for people you rep- Grand Forks were perplexed. They came here talk shows and make us look bad.’’ resent, is come to the floor of the U.S. S5390 CONGRESSIONAL RECORD — SENATE June 9, 1997 Senate and use your leverage. It looks really be done, such as the outright re- Government won’t shut down, that it like this is one of those times. placing of infrastructure and some of will continue to operate at last year’s Mr. President, let me conclude on a those things. funding level, which I think is very more positive note. I hope that my col- So it is not as if those people are reasonable. We don’t want to shut leagues in the majority party will send being ignored. It is not as if we went down Government. That way, we can this bill to the President today. I hope off and took a vacation during the time ensure it won’t happen. That is all in that it will come back to us right that was happening. this emergency supplemental. away, and I ‘‘hope and pray,’’ in the But I think it is important to men- So I am hoping, of course, that the words of the Chaplain, that we will tion a couple of other things that are President doesn’t use the automatic reach agreement and pass a disaster re- in this emergency supplemental. I am continuing resolution as an excuse to lief bill and that we will get help to hoping that the President won’t veto veto this bill, because if he does, what people in Minnesota and in the Dako- it. It is not at all unusual that the bill he is saying is, I want Government to tas. is not sent to the President. If it were be able to be shut down. It is as simple Mr. President, these are good people, sent to the President after it was only as that. really good people. They have really passed on Thursday night, by Monday Lastly, I say that I have the utmost been through a lot and they deserve morning, then, that would probably set respect for the Senator from Min- our help. They don’t deserve what we some new kind of a record around here. nesota. Quite often you see different are doing to them right now. Things don’t move that fast. There is philosophies expressed on this floor. Of Mr. President, I yield the floor and nothing unusual about the fact that course, his is quite different than mine. suggest the absence of a quorum. this bill has not been sent to the Presi- I think the basic difference is that The PRESIDING OFFICER. The dent. But this presupposition that the when we look at money that Govern- clerk will call the roll. President is going to veto it, I think, is ment spends, we look at it as coming The legislative clerk proceeded to really wrong. I think the President will from the taxpayers rather than just call the roll. have to look very closely at whether or some big pot of money that is owned by Mr. WELLSTONE. Mr. President, I not he wants to veto this emergency Government. So we have conservatives ask unanimous consent that the order legislation. and we have liberals. And the distin- for the quorum call be rescinded. For one thing, it is the President guished Senator from Minnesota, Sen- The PRESIDING OFFICER. Without that got us into the situation that we ator WELLSTONE, is very liberal, and we objection, it is so ordered. are in in Bosnia right now. But we are very conservative. Mr. WELLSTONE. Mr. President, should never have sent troops over to So this is a forum where those things while it has been called to my atten- Bosnia when you have a military budg- can be heard. I think, in good time, the tion that, in speaking quickly, I might et that is suffering and while we have President will get this emergency sup- have also called the leadership a disas- great threats that are out there to send plemental, and I am certainly hopeful ter. That was not my intention. troops on humanitarian missions and that the President will not veto the I will make sure that my remarks do peacekeeping missions all around the supplemental. not reflect that. I think it is a disaster world where we don’t have strategic in- I yield the floor. here, what is going on. But I want to terests at stake. Mr. President, I suggest the absence make it clear that nothing I said was I can remember 18 months ago stand- of a quorum. intended in that way. ing on this floor when the President of The PRESIDING OFFICER. The Mr. President, I suggest the absence the United States said that the cost in clerk will call the roll. of a quorum. Bosnia would be somewhere between The legislative clerk proceeded to The PRESIDING OFFICER. The $1.5 and $2 billion. At that time I said, call the roll. clerk will call the roll. ‘‘I bet it will be $8 billion before it is Mr. THOMAS. Mr. President, I ask The legislative clerk proceeded to over.’’ Guess what? It is already pass- unanimous consent that the order for call the roll. ing through $6.5 billion. And some of the quorum call be rescinded. Mr. INHOFE. Mr. President, I ask the money that is in this emergency The PRESIDING OFFICER (Mr. unanimous consent that the order for supplemental is going to be going to INHOFE). Without objection, it is so or- the quorum call be rescinded. support the effort in Bosnia. It has al- dered. The PRESIDING OFFICER (Mr. ready been paid. Mr. THOMAS. Mr. President, I would THOMAS). Without objection, it is so or- But this is replenishing, the same as like to speak as if in morning business dered. it is up in North Dakota and for some for about 5 minutes. Mr. INHOFE. Mr. President, I ask of the flood victims. They have been The PRESIDING OFFICER. Without unanimous consent that I be recog- addressed. Problems have been ad- objection, it is so ordered. nized to speak as if in morning busi- dressed. Of course, we do need to re- Mr. THOMAS. I appreciate very ness. plenish that emergency fund, which we much the Senator from West Virginia The PRESIDING OFFICER. We are in intend to do. yielding to give me the opportunity to morning business. The Senator may But I think the main thing is the do this. proceed. idea that the President is going to f f automatically veto this. I think you know that the automatic continuing FREEDOM FROM GOVERNMENT THE EMERGENCY SUPPLEMENTAL resolution is on this, which I think is COMPETITION ACT Mr. INHOFE. Mr. President, I know very, very good. It wasn’t too long ago Mr. THOMAS. Mr. President, I come there is some misunderstanding over that the President shut down the Gov- to the floor today to talk about a prob- what is happening right now in terms ernment and blamed the majority lem that I think we have in this coun- of this emergency supplemental, and I party for it, and if we had this continu- try in terms of the organization of believe maybe some clarification would ing resolution in place, that couldn’t Government, in terms of the future be in order. happen again. All we want to do is to role of Government, in terms of where The very distinguished Senator from be sure that we are going to be able to we want to be with respect to Govern- Minnesota spent 30 minutes expressing carry on Government and let Govern- ment and the private sector, and spe- his anxiety over the passage of this ment operate in the event there is an cifically Government’s competition emergency supplemental legislation. impasse between Congress and the with the private sector. This competi- Let me assure you, Mr. President, if President of the United States on some tion, of course, takes many forms, but you were listening to that, that there appropriations bills. That is exactly the basic premise is that the Federal are not any people in North Dakota or what this is all about. So, if we had the Government provides commercial in Minnesota right now who are going continuing resolution that is passed, goods and services in-house instead of without the emergency provisions that which is a part of this emergency sup- going to the private sector and con- are authorized. And, as a matter of plemental legislation, then the con- tracting out for these needs. This is fact, there are some things that won’t tinuing resolution will provide that called insourcing, and it leads to larger June 9, 1997 CONGRESSIONAL RECORD — SENATE S5391 and larger Government. It is my view couraged, to compete for business from other He said the Agriculture Department won the that given limited Federal resources agencies in recent years as part of the ad- award based on its low bid and its track we ought to set priorities as to where ministration’s effort to ‘‘reinvent’’ govern- record of handling work for other agencies. ment. The USDA center’s bid was nearly 15 The Kansas City center, called the Na- we spend money and find ways to meet percent lower than those from the private tional Information Technology Center, oper- these commercial needs more reason- sector, said Dennis DeGaetano, the FAA’s ates most of the USDA’s big computer ably, more efficiently by contracting. deputy associate administrator for acquisi- projects, as well as obscure programs, includ- Insourcing, of course, tends to stifle tions. ing a timber-management system for the job creation in the private sector. It ‘‘This shows that there are some organiza- Forest Service and a database of plants for weakens economic growth. It erodes tions that are both efficient and effective the Natural Resource Conservation Service. the tax base, of course. It hurts small within the federal government,’’ said Anne The center has handled computer services for F. Thompson Reed, a USDA spokeswoman. other government agencies for the past dec- businesses and costs taxpayers money. ‘‘We’re giving the taxpayer a good value.’’ ade, but not as the result of a contract com- There is a great deal of talk that The administration, particularly Vice petition with the private sector, Reed said. goes on in this country about President Gore’s National Performance Re- The center, known in Beltway parlance as downsizing, about reinventing Govern- view project to streamline the way federal a ‘‘revolving-fund agency,’’ functions as a ment, but the fact is very little of that agencies operate, views such competition be- quasi-private entity within the Agriculture actually goes on. The Clinton adminis- tween government and industry as a cost-ef- Department. It operates by charging its tration has talked some about how fective way for some facilities to bring in ‘‘customers’’—various arms of the USDA and new work—and money—to offset the effects other agencies—for the services it provides, there are fewer employees in the Fed- of budget cuts. money that is used to pay the center’s sala- eral Government than there used to be, But federal contractors, many of which ries and operating costs. but almost all of that is a result of have their headquarters in the Washington But because the center by law can’t make base closures in the Department of De- region, contend that the new competitors a profit—nor can it seek commercial work— fense and RTC when it finished its will reduce the dollar amount of computer administration officials say its services can work with regard to the savings and services the government buys from the pri- be as much as 20 percent less expensive than loan scandal. The fact is that Govern- vate sector, estimated at more than $21.3 bil- those of private contractors. ‘‘The point of lion this fiscal year, industry executives these operations is to bring down the costs ment expenditures and Government argue that federal agencies, which don’t have for government,’’ said John A. Koskinen, continue to grow and will, indeed, con- to pay taxes and which account for overhead OMB deputy director for management. tinue to grow under the budget that expenses such as electricity differently, re- Private contractors, however, contend that was approved recently. ceive an unfair competitive advantage. such government operations, even if they But more specifically, I want to talk They also question whether the govern- have separate budgets, do not have to pay for just a moment about legislation that I ment’s technical expertise matches up to in- overhead costs and taxes in the same way. have introduced called the Freedom dustry’s. The government is ‘‘not as tech- ‘‘The cost structures are totally different,’’ savvy, not as agile, not as aggressive’’ as the said Olga Grkavac, a vice president at the In- From Government Competition Act private sector, said Bert M. Concklin, presi- formation Technology Association of Amer- that would address this problem. Con- dent of the Professional Services Council, a ica, an industry group based in Arlington. gressman DUNCAN from Tennessee has Vienna-based association of federal contrac- ‘‘It’s not a level playing field. How can you an identical bill in the House. I use an tors. have a fair competition?’’ example that just happened that I The FAA decision already has come under Industry executives say they didn’t pay think we ought to reevaluate, one that fire from some congressional Republicans, much attention to legislation that set up such competition, namely the 1994 Govern- we ought to look at, one where we who argue that many other USDA computer systems are grossly mismanaged. ment Reform Act, which established six pilot ought to say wait a minute, what is The General Accounting Office’s director revolving-fund projects. ‘‘We never thought going on here? This is an example of of information resources management, Joel it would happen,’’ said Pat Ways, a group unfair competition in the private sec- C. Willemssen, told a congressional sub- vice president at Computer Sciences, ‘‘A gov- tor, and in fact it was on the front page committee last week, ‘‘USDA’s inadequate ernment data center that’s more qualified of the Washington Post on May 22, 1997. management of information technology in- than a commercial one?’’ I ask unanimous consent that the arti- vestments resulted in millions of taxpayer At the same time, federal contractors dollars being wasted.’’ don’t have a spotless reputation. Almost cle be printed in the RECORD. In response to previous congressional in- every large company that performs work for There being no objection, the article quiries, the department in November put on the government has been accused, at one was ordered to be printed in the hold all computer purchases exceeding time or another, of cost overruns and deliv- RECORD, as follows: $250,000 until it revamps its information ering faulty systems. [From the Washington Post, May 22, 1997] technology management structure. USDA officials maintain the agency’s com- ‘‘The bottom line is: ‘Can they do it better puter center will be able to handle the FAA’s WHEN THE GOVERNMENT HIRES THE than the private sector?’ The evidence we’ve work, which includes maintaining personnel GOVERNMENT seen suggests that there are a lot of reasons and payroll records, financial information, (By Rajiv Chandresekaran) to question that assumption,’’ Rep. Robert and a large aviation safety database. The When the Federal Aviation Administration W. Goodlatte (R–Va.), chairman of the House center will largely use existing mainframe announced last fall that it was looking for Agriculture Committee’s subcommittee on equipment but may need to hire additional someone new to operate its computer sys- department operations, nutrition and foreign staff, officials said. tems for payroll, personnel and flight safety, agriculture, said yesterday. ‘‘This could be a ‘‘We’re definitely qualified to do this job,’’ several of industry’s biggest players came case of the blind leading the blind.’’ Reed said. knocking. Concklin and other industry leaders also Particularly worrisome to the information Computer powerhouses International Busi- contend that the FAA contract was improp- technology industry, however, is the fact ness Machines Corp., Unisys Corp., Computer erly awarded because it skirted a set of rules that the FAA contract had been handled by Science Corp., and Lockheed Martin Corp. established by the Office of Management and a private firm, Electronic Data Systems all bid for the juicy contract, worth as much Budget for public-private competition. They Corp. as $250 million over eight years. also allege that the USDA’s bid was not scru- Ways said government competition for The winner, announced Friday, turned out tinized as much as those from private firms. contracts could put his company in the to be an organization well known in Wash- ‘‘We seriously doubt that the USDA pro- ‘‘awkward position’’ of competing with its ington, though not for its computer experi- posal was visited with the same precision customers for new business. Computer ence; the U.S. Department of Agriculture. and critical eye that was visited on the pri- Sciences, for instance, performs work for the In a surprising decision being lauded by vate-sector proposals,’’ Concklin said. USDA, he said. the Clinton administration but derided by The FAA’s DeGaetano denied that a double The contract is expected to renew a long- the computer services industry and some standard was used, but he said yesterday standing Washington debate about the rules members of Congress, the FAA’s number- that the agency’s chief acquisitions execu- of competition between government and in- crunching will be handled by a USDA com- tive, George Donohue, decided to tempo- dustry, say several observers. On one hand, puter center in Kansas City, MO. rarily suspend work on the contract while several Republican legislators and industry The contract, which many observers pre- the agency investigates whether OMB rules executives believe that the government dict could alter the landscape of competition were followed. DeGaetano also said the agen- shouldn’t perform functions that can be han- between the public and private sectors, is cy wants to respond to industry concerns dled by the private sector. A bill introduced one of the largest ever awarded to a govern- ‘‘over the fairness of contracting with an- by Sen. Craig Thomas (R–Wyo.) would bar ment agency in a head-to-head contest with other government agency’’ before allowing federal agencies from bidding for work that industry. the USDA to begin work. could be handled by outside contractors. The center is one of several federal facili- But DeGaetano emphasized that ‘‘this Administration officials acknowledge that ties that have been allowed, and even en- doesn’t mean we’re rescinding the award.’’ private contracts could suffer in the new S5392 CONGRESSIONAL RECORD — SENATE June 9, 1997 competitive landscape, but they contend sibly circumvented entirely, so that no rig- tor for more efficiency and giving that might not be such a bad thing. orous competitive analysis was performed at American taxpayers more bang for ‘‘Ultimately, the government is not always all. their buck. going to win and the private sector isn’t ei- In addition, the FAA appears to have de- So I urge my colleagues to join me in ther,’’ said Michael D. Serlin, a former Na- cided to ignore the past performance of the tional Performance Review official who now Department of Agriculture in the IT area. supporting this good Government, com- works as a consultant on federal contracting Just last week, the Department was criti- mon sense of reform. issues. ‘‘If the result is genuine competition, cized by the General Accounting Office Mr. President, I yield the floor. however, it’s the taxpayer who’s the win- (GAO) for ‘‘inadequate management of infor- The PRESIDING OFFICER. The dis- ner.’’ mation technology investments that re- tinguished Senator from West Virginia Mr. THOMAS. The FAA recently an- sulted in millions of taxpayer dollars being is recognized. nounced it was awarding a contract of wasted.’’ In addition, in response to previous Mr. BYRD. Mr. President, I thank congressional inquiries, the Department of the Chair. about $150 million for data processing Agriculture recently put on hold all com- f and information technology to the De- puter purchases exceeding $250,000 until it re- partment of Agriculture. The problem vamps its information technology manage- WEST VIRGINIA POULTRY FARM- is that there are plenty of private-sec- ment structure. ERS COMMITTED TO STEWARD- tor groups that are more efficient or As you know, we recently introduced legis- SHIP more capable of doing that job. lation in the U.S. Senate and House of Rep- When you think of technology, do resentatives, S. 314 and H.R. 716, that would Mr. BYRD. Mr. President, the Sun- you think of the Department of Agri- eliminate unfair government competition day, June 1, 1997, edition of the Wash- culture? I do not think so. When you with the private sector. Our legislation cor- ington Post featured a front-page arti- rects the problems with the A–76 process and talk about doing payrolls and manag- cle on pollution in the Potomac River stops ‘‘entrepreneurial’’ government by cre- from poultry production. The story was ing the FAA’s technology, do you ating a ‘‘best value comparision’’ in which think of the Department of Agri- many factors, such as qualifications, past prompted by a ranking by American culture? I do not think so. That is be- performance and a fair cost accounting sys- Rivers, which is a national environ- cause information technology is not tem, are used to determine which entity will mental organization, of the Potomac part of the Department of Agri- provide the best value to the American tax- River on the group’s annual list of the culture’s core mission. payer. 10 Most Endangered Rivers in North The folks down at OMB and the Clin- We encourage you to reevaluate the deci- America, and inspired by American sion to award this contract to the Depart- ton administration will tell you it is a Rivers’ interpretation of a 1996 U.S. De- ment of Agriculture based on the criteria partment of Agriculture study that de- great thing; it is encouraging entre- laid out in S. 314 and H.R. 716. We look for- preneurial Government. But I think we ward to your prompt replay. tected nutrient and bacterial contami- ought to be encouraging private busi- Sincerely, nation in the waters of the South ness and entrepreneurial enterprise, CRAIG THOMAS, Branch of the Potomac. not Government. By recruiting con- U.S. Senator. American Rivers’ annual promotion tracts from other agencies to offset JOHN DUNCAN, of its top 10 list is an effort to advance budget cuts, we are maintaining big U.S. Representative. public awareness about the fragility of Government at the expense of busi- Mr. THOMAS. Unfortunately, this re- the Nation’s water resources, a laud- nesses in the private sector, especially inventing Government is not achieving able goal, and newsworthy, as well. small businesses. We are also cheating its purpose. It is recreating big Govern- Regrettably, however, the media the taxpayer. Studies have shown that ment. The current A–76 process, which missed the real story of worth, namely, outsourcing can save the Government is the system that is supposed to be the exemplary efforts by a nonpartisan up to 30 percent. Congressman DUNCAN used to decide if a function can be done coalition of public officials and West and I wrote to the President the day more cost effectively and more effi- Virginia family farmers to balance eco- this article appeared to protest his ciently in the private sector, may not nomic interests with environmental plans on reinventing Government. even have been used by the FAA before goals. And, more importantly, the Mr. President, I ask unanimous con- awarding the contract to the Depart- media missed the spirit of cooperation sent that a copy of that letter be print- ment of Agriculture. And when A–76 is needed to accomplish these goals ed in the RECORD. used, it does not provide a level playing through the voluntary implementation There being no objection, the letter field for comparing Government and of farm management practices identi- was ordered to be printed in the the private sector. Finally, the GAO fied in USDA’s 1996 study as improving RECORD, as follows: has strongly criticized the Department the efficient use of farmland and reduc- U.S. SENATE, of Agriculture’s management of its ing threats to the Potomac River. Washington, DC, May 22, 1997. current information technology. We I might add that, contrary to the Hon. WILLIAM J. CLINTON, shouldn’t be giving them more work negative impression left by the Wash- President of the United States, The White when they can’t handle their current ington Post writer, the heart of this in- House, Washington, DC. assignments. dustry is situated in the charming DEAR MR. PRESIDENT: We are writing to ex- So my legislation would address town of Moorefield. This is an area press our strong concerns regarding a recent these issues. The legislation would stop which was settled in the early 1700’s decision by the Federal Aviation Adminis- tration (FAA) to award a large information entrepreneurial Government dead in its and contains a federally designated his- technology (IT) contract to the Department tracks, create a best value comparison toric district. Moorefield’s antebellum of Agriculture. We are concerned that Amer- between Government and private en- homesteads and streets are enriched by ican taxpayers may be shortchanged by this terprise based on fair accounting sys- the presence of hard-working family proposed contract. We seriously question tems, based on qualifications, based on farmers, who not only earn a real day’s whether your plans for ‘‘reinventing’’ gov- past performance. wage, but also represent the backbone ernment should include federal agencies un- There are certainly activities within of our Nation’s economy and spirit of fairly competing with the private sector to the Government that are inherently community. provide commercial goods and services to other government agencies. Government functions and should be The poultry industry has dramati- The current process for evaluating whether done by the Government, but there are cally expanded in the Potomac Head- or not the federal government should per- many others that are commercial in waters, from production at approxi- form commercial functions is woefully inad- nature. They are as commercial as any- mately 46.6 million birds in 1992 to 90 equate. Federal agencies have an unfair ad- thing in the private sector could be. So million birds in 1996. Recognizing the vantage in these competitions because the this legislation will lead to more effi- potential growth of the industry, as government’s true costs are generally under- cient Government, will inject fair com- early as 1990, a cooperative program be- stated due to the absence of an activity- petition into Government monopolies tween Federal and State agencies was based accounting system. The federal gov- ernment doesn’t pay taxes and it accounts and continue to reserve a Government launched to design and implement the for overhead expenses differently than pri- role for inherently governmental func- best soil and water conservation man- vate sector firms. Most alarming, it is our tions. It also will encourage more and agement practices. Rapid growth of understanding that the A–76 process was pos- more contracting with the private sec- any industry usually is not achieved June 9, 1997 CONGRESSIONAL RECORD — SENATE S5393 without problems. However, these the world with which we will have to passage in a Japanese math textbook? problems have been identified and ef- compete for the jobs of the future. Par- I ask what happens if the computer forts are underway to ameliorate these ticularly in mathematics, where our breaks down or if we forget and leave consequences of expansion. kids will have to be especially skilled, the pocket calculator at home? It ap- To date, 80 percent of the eligible the United States ranks 28th in aver- pears that we may be on the verge of farmers in the Potomac Headwaters, age mathematics performance accord- producing a generation of students who which I understand is a higher than av- ing to a study of 8th graders published cannot do a simple mathematical equa- erage percentage for similar USDA pro- in 1996. Japan ranked third. tion in their heads, or with a pencil, or grams, have electively enrolled in the A closer look at the current approach even balance a checkbook. Potomac Headwaters Land Treatment to mathematics in our schools reveals The ‘‘Getting Started’’ portion of the Watershed Project, the recommended something called the ‘‘new-new math.’’ text goes on to extol the virtues of action plan to protect the Potomac Apparently the concept behind this teamwork, to explain how to get to from possible agricultural pollution. I new-new approach to mathematics is know other students and to ask how am proud that I have been able to se- to get kids to enjoy mathematics and teamwork plays a role in conserving cure funds to support the Federal share hope that that ‘‘enjoyment’’ will lead natural resources. What, I ask—what of this project. to a better understanding of basic in heaven’s name does this have to do By enrolling in this project, West math concepts. Nice thought, but nice with algebra? I took algebra instead of Virginia farmers have voluntarily thoughts do not always get the job Latin when I was in high school. I agreed to develop nutrient manage- done. never had this razzle-dazzle confusing ment plans and install animal waste Recently Marianne Jennings, a pro- stuff. structures and dead bird composters, fessor at Arizona State University Page 5 of this same wondrous tome and to improve livestock confinement found that her teenage daughter could begins with a heading written in Span- areas and vegetative buffer zones. Im- not solve a mathematical equation. ish, English, and Portuguese, a map of plementing these measures will cost This was all the more puzzling because South America and an indication of the average farmer in the program her daughter was getting an A in alge- which language is spoken where. Py- $12,000 over 5 years. The average farmer bra. Curious about the disparity, Jen- thagorus would have been scratching in the Potomac Headwaters has a net nings took a look at her daughter’s Al- his head by this time, and I confess, so annual income of $15,000 from poultry gebra textbook, euphemistically titled, was I. production. ‘‘Secondary Math: An Integrated Ap- This odd amalgam of math, geog- I believe that most Americans would proach: Focus on Algebra.’’ Here it is— raphy and language masquerading as commend the farmer who voluntarily quite a handsome cover on the book. an algebra textbook goes on to inter- spends 16 percent of his income over 5 After reviewing it, Jennings dubbed it sperse each chapter with helpful com- years to protect the waters of the Po- ‘‘Rain Forest Algebra.’’ ments and photos of children named tomac River. Nevertheless, that is ex- I have recently obtained a copy of Taktuk, Esteban, and Minh. Although I actly what is happening in West Vir- the same strange textbook—this is it, don’t know what happened to Dick and ginia. Jane, I do understand now why there Thanks to the West Virginia farmer, as I have already indicated—and I have to go a step further and call it whacko are four multicultural reviewers for the Potomac Headwaters Land Treat- this book. However, I still don’t quite ment Watershed Project will achieve algebra. This textbook written by a conglom- grasp the necessity for political cor- benefits for a broad base of interests, erate of authors lists 5 so-called ‘‘alge- rectness in an algebra textbook. Nor do extending from my beautiful state to bra authors,’’ but it boasts 20 ‘‘other I understand the inclusion of the Unit- the Chesapeake Bay. It would seem series authors’’ and 4 ‘‘multicultural ed Nations Universal Declaration of that this is the kind of effort that reviewers.’’ We are talking about alge- Human Rights in three languages, a newspapers and organizations like bra now. Why we need multicultural section on the language of Algebra American Rivers should be recognizing review of an algebra textbook is a ques- which defines such mathematically sig- and encouraging. tion which I would like to hear some- nificant phrases as, ‘‘the lion’s share,’’ Mr. President, how many minutes do the ‘‘boondocks,’’ and ‘‘not worth his I have remaining? one answer, and the fact that there are 4 times as many ‘‘other series authors’’ salt.’’ The PRESIDING OFFICER. The Sen- By the time we get around to defin- 1 as ‘‘algebra authors’’ in this book made ator has 4 ⁄2 minutes remaining. ing an algebraic expression we are on Mr. BYRD. I thank the Chair. me suspect that this really was not an Mr. President, I ask unanimous con- algebra textbook at all. page 107. But it isn’t long before we are sent that I may proceed for 15 minutes. A quick look at the page entitled, off that boring topic to an illuminating The PRESIDING OFFICER. Without ‘‘Getting Started’’ with the sub head- testimony by Dave Sanfilippo, a driver objection, it is so ordered. ing, ‘‘What Do You Think,’’ quickly with the United Parcel Service. Mr. BYRD. I again thank the Chair. confirmed my suspicions about the Sanfilippo tells us that he ‘‘didn’t do f quirky fuzziness of this new-new ap- well in high school mathematics * * *’’ proach to mathematics. but that he is doing well at his job now A FAILURE TO PRODUCE BETTER Let me quote from that opening because he enters ‘‘* * * information STUDENTS page. on a pocket computer * * *’’—hardly Mr. BYRD. Mr. President, over the In the twenty-first century, computers will inspirational stuff for a kid struggling past decade, I have been continually do a lot of the work that people used to do. with algebra. puzzled by our Nation’s failure to Even in today’s workplace, there is little From there we hurry on to lectures produce better students despite public need for someone to add up daily invoices or on endangered species, a discussion of concern and despite the billions of Fed- compute sales tax. Engineers and scientists air pollution, facts about the Dogon eral dollars which annually are appro- already use computer programs to do cal- people of West Africa, chili recipes and priated for various programs intended culations and solve equations. a discussion of varieties of hot pep- to aid and improve education. Not long What kind of a message is sent by pers—no wonder our pages are having ago, I asked a high ranking administra- that brilliant opening salvo? difficulty containing themselves. They tion official during an Appropriations It hardly impresses upon the student are almost in stitches—what role zoos Committee hearing why, in his opinion, the importance of mastering the basics should play in today’s society, and the we were not doing a better job of edu- of mathematics or encourages them to dubious art of making shape images of cating our Nation’s youth in light of dig in and prepare for the difficult animals on a bedroom wall, only reach- the billions of dollars we have been work it takes to be a first-rate student ing a discussion of the Pythagorean spending over these past several years. in math. Rather it seems to say, Theorem on page 502. By this time I The answer I got was not very illu- ‘‘Don’t worry about all of this math was thoroughly dazed and unsure of minating. stuff too much. Computers will do all whether I was looking at a science Mr. President, our children still rank that work for us in a few years any- book, a language book, a sociology behind those of many other nations of way.’’ Can you imagine such a goofy book or a geography book. In fact, of S5394 CONGRESSIONAL RECORD — SENATE June 9, 1997 course, that is the crux of the problem. test, they should just call them ‘impres- New-New Math is also vaguely allied with I was looking at all of the above. sions,’ and if you got a different ‘impression,’ an alleged new field of study called This textbook tries to be all things so what, can’t we all be brothers?’’ ethnomathematics. Most of us may think Pretty funny. But it’s hard for satire to to all students in all subjects and the that math is an abstract and universal dis- stay ahead of actual events these days, par- cipline that has little to do with ethnicity. result is a mush of multiculturalism, ticularly in education. The ‘‘New-New But a lot of ethnomathematicians, who are environmental and political correct- Math,’’ as it is sometimes called, has a high- busy holding conferences and writing books, ness, and various disjointed discussions minded goal: Get beyond traditional math say that all peoples have a natural on a multitude of topics which cer- drills by helping students understand and culturebound mathematics. Western math, tainly is bound to confuse the students enjoy mathematical concepts. But in prac- in this view, isn’t universal but an expres- trying to learn and the teachers trying tice, alas, the New-New Math is yet another sion of white male culture imposed on non- educational ‘‘Deep Thought.’’ whites. Much of this is the usual ranting to teach from such unfocused nonsense. Basic skills are pushed to the margin by It is not just nonsense, it is unfocused about ‘‘Eurocentrism.’’ Ethnomathematics, theory and the idea that students should not a book of collected essays, starts by remind- nonsense, which is even worse. be passive receivers of rules but self-discov- ing us that ‘‘Geographically, Europe does not Mathematics is about rules, memo- erers, gently guided by teachers, who are co- exist, since it is only a peninsula on the vast rized procedures and methodical think- learners, not authority figures with lessons Eurasian continent. . . .’’ Before long, there ing. We do memorize the multiplica- to impart. Correct answers aren’t terribly is a reference to ‘‘the so-called Pythagorean tion tables, don’t we? Else how will one important. Detractors call it ‘‘whole math,’’ theorem.’’ Much of the literature claims that know that nine 8s are 72 and that eight because students frequently end up guessing nonliterate peoples indicated their grasp of at answers, just as children exposed to the math in many ways, from quilt patterns to 9s are 72. This new-new mush-mush ‘‘whole language’’ fad in English classes end math will never produce quality engi- an ancient African bone cut with marks that up guessing at words they can’t pronounce. may have been used for counting. neers or mathematicians who can com- ‘‘Although the Wicked Whole-Language It’s all rather stunning nonsense, but this pete for jobs in the global market Witch is dying, the Whole-Math Witch isn’t is where multiculturalism is right now. Un- place. In Palo Alto, CA, public school even ill,’’ said Wayne Bishop, professor of less you are headed for an engineering school math students plummeted from the mathematics at California State University- working with Yoruba calculators, or unless 86th percentile to the 56th in the first Los Angeles. you wish to balance your checkbook the an- Mathematically Correct, a San Diego- year of new-new math teaching. This cient Navajo way, it’s probably safe to ig- based group which strongly opposes whole nore the whole thing. awful textbook obviously fails to do in math, recently posted a list of command- 812 pages what comparable Japanese ments on its Web site, including ‘‘Honor the Mr. BYRD. Mr. President, I yield the textbooks do so well in 200. The aver- correct answer more than the guess,’’ ‘‘Give floor. I suggest the absence of a age standardized math score in Japan good grades only for good work,’’ and ‘‘Avoid quorum. is 80. In the United States it is 52. vague objectives.’’ The PRESIDING OFFICER (Mr. When my staff contacted Marianne Bologna sandwich? Those vague objectives ENZI). The clerk will call the roll. Jennings to obtain a copy of this text- include meandering exercises that have little The bill clerk proceeded to call the to do with math, such as illustrating data book, I did learn one good thing about roll. collection by having second-graders draw Mr. ABRAHAM. Mr. President, I ask it. She told my staff that because of pictures of their lunch, then cut the pictures public outcry the public schools in her out and put them in paper bags. Worse, the unanimous consent that the order for area have discontinued its use and have New-New Math comes with the usual stew of the quorum call be rescinded. gone back to traditional math text- ed-school obsessions about feelings, self-es- The PRESIDING OFFICER. Without books. Another useful purpose has been teem, dumbing down, and an all-around po- objection, it is so ordered. served by my personal perusal of this litically correct agenda. f Marianne Jennings, a professor at Arizona textbook. I now have a partial answer State University, found that her teenage THE 1997 STANLEY CUP CHAMPION to my question about why we don’t daughter was getting an A in algebra but had DETROIT RED WINGS produce better students despite all the no idea how to solve an equation. So Jen- Mr. ABRAHAM. Mr. President, I rise money that Federal taxpayers shell nings acquired a copy of her daughter’s text- out. book. The real title is Secondary Math: an today to pay tribute to the 1997 Stan- The lesson here is for parents to fol- ‘‘Integrated Approach: Focus on Algebra,’’ ley Cup Champion Detroit Red Wings. low Marianne Jennings’ lead and take but Jennings calls it ‘‘Rain Forest Algebra.’’ Following Saturday night’s 2 to 1 vic- It includes Maya Angelou’s poetry, pic- a close look at their children’s text- tory in game four of the NHL finals, tures of President Clinton and Mali wood completing the Wings series sweep of books to be sure that the new-new carvings, lectures on what environmental math and other similar nonsense has the Philadelphia Flyers, the sports sinners we all are and photos of students world has taken notice of what those of not crept into the local school system. with names such as Tatuk and Esteban ‘‘who All the Federal dollars we can chan- offer my daughter thoughts on life.’’ It also us from Michigan have known for nel for education cannot counteract contains praise for the wife of Pythagoras, years, that Detroit is the home of the the disastrous effect of textbooks like father of the Pythagorean theorem, and asks best hockey team, and the greatest this one. They will produce dumb-dumb students such mathematical brain teasers as hockey fans, on the planet. After a ‘‘What role should zoos play in our society?’’ students and parents need to get heav- long 42-year absence, the Stanley Cup However, equations don’t show up until Page has returned home to Hockeytown ily involved to reverse that trend now! 165, and the first solution of a linear equa- Mr. President, I ask that an article USA. tion, which comes on Page 218, is reached by Sometimes in sports certain teams from the May 26 edition of U.S. News guessing and checking. and World Report on the same subject Jennings points out that Focus on Algebra capture fans’ imaginations in a way that embodies the spirit of an entire be printed in the RECORD at this point. is 812 pages long, compared with 200 for the The title of the article is, ‘‘That so- average math textbook in Japan. ‘‘This city. The 1984 Tigers were so good they called Pythagoras.’’ would explain why the average standardized dominated the game of baseball from score is 80 in Japan and 52 here,’’ she says. the first pitch of opening day through There being no objection, the article Marks do seem to head south when New-New was ordered to be printed in the the last out of the World Series. The Math appears. In well-off Palo Alto, Calif., 1989 Pistons, with their gritty, tough RECORD, as follows: public-school math students dropped from the 86th percentile nationally to the 58th in style of defensive play were the ulti- [From the U.S. News & World Report, May mate blue collar champions. So it is 26, 1997] the first year of New-New teaching, then went back up the next year to the 77th per- also the case of this year. THAT SO-CALLED PYTHAGORAS centile when the schools moderated their ap- The 1997 Red Wings have inspired De- (By John Leo) proach. troit in a similar manner. These play- ‘‘Deep Thoughts’’ started as Jack Handy’s The New-New Math has become a carrier ers have experienced recent disappoint- running joke on TV’s Saturday Night Live— for the aggressive multiculturalism spread- ment. They came so close to the title a series of mock-inspirational messages ing inexorably through the schools. Lit- the previous two seasons, eliminated in about life that make no sense at all. Now erature from the National Council of Teach- ‘‘Deep Thoughts’’ are available on greeting ers of Mathematics, which is promoting the finals by New Jersey in 1995 and in cards, including one that pokes fun at the whole math, is filled with suggestions on the semifinals by Colorado in 1996, only fuzzy new math in the schools. The card how to push multiculturalism in arithmetic to be denied. However, where lesser says: ‘‘Instead of having ‘answers’ on a math and math classes. teams would have crumbled under the June 9, 1997 CONGRESSIONAL RECORD — SENATE S5395 weight of such adversity, this team they saw was nothing less than posi- exemption. Many times, an audit by learned from its losses, and came back tive. The Stanley Cup Champion Red the Internal Revenue Service is an in- with even greater determination and Wings are one of brightest lights in a dication that you are using part of focus. city that has a great deal of which to your home for business, and because of While I salute the entire Detroit Red be proud. that, you are going to claim a deduc- Wings’ organization for their achieve- Mr. President, prior game 1 of the tion for part of the costs of your home ment, there are a few individuals in finals, I made a friendly wager with our because you are running your business particular who deserve special recogni- colleague Senator RICK SANTORUM from out of that home. tion. Capt. Steve Yzerman has brought Pennsylvania, on the outcome of the The Internal Revenue Service fre- so many highlights to Detroit Red series. Senator SANTORUM unwisely bet quently approaches taxpayers and says, Wings fans over the years, his name Philadelphia Tastykakes. ‘‘Look, we think there is a violation.’’ clearly deserves mention in the same Mr. President, I ask unanimous con- The burden is upon that individual to breath as past greats such as Gordie sent to display them here at this time. prove they are innocent. So, obviously, Howe, Ted Lindsay, Sid Abel, and Alex The PRESIDING OFFICER. Without the individuals have a great respon- Delvecchio. No one has played harder objection, it is so ordered. sibility to keep good records and ac- through more pain or is more respon- Mr. ABRAHAM. Mr. President, these count for all their expenditures, and sible for this Stanley Cup than Steve Tastykakes were the bet of the Senator whatnot, so that they can justify what- Yzerman. With his unassuming manner from Pennsylvania to our Little ever it is they are doing in the way of off the ice and fierce competitiveness Caesars pizzas from Detroit. I might business which may allow them a tax on, for 14 years this exceptional man add that Red Wings’ owner Mike Illitch deduction, for example. has been a credit to the Red Wings and is also the owner of Little Caesars. On the other hand, I think the agents the city of Detroit, and for this, he de- While I now have some bragging rights for the Internal Revenue Service have serves our thanks. on the floor of the Senate, the real win- a particularly awesome responsibility With this championship, Coach Scot- ners will be the students at Warren G. because of the added powers that we ty Bowman has now won seven Stanley Harding Elementary School in Detroit. grant to them. I just share with this Cups, more than any other coach in The kids will soon taste the sweetness body that I have held more than 56 NHL history. Goalie Mike Vernon, of the Red Wings success as Senator town meetings since the first of the named MVP of the playoffs, was simply SANTORUM ships 300 boxes of these year and have been very busy in talk- masterful in the net throughout the se- Tastykake cupcakes for a victory ing to the people of Colorado—I rep- ries. Then there are the five Russian party at the school in the next week or resent the State of Colorado—and hear- immigrant players—Sergei Fedorov, two. And to make it extra special, in a ing about their concerns. It is not sur- Igor Larionov, Slava Kozlov, Slava show of true sportsmanship, Little prising that the most frequent issue Fetisov, and Vladmir Konstantinov— Caesars will provide pizzas to the stu- that came up in the town meetings was each of whom played a vital role in the dents at Harding as well. related to taxes. People wanted capital success of this team. The Red Wings We look forward to celebrating our gains reduction; they wanted inherit- had so many leaders, such as Brendan victory of the Stanley Cup with the ance tax reduction. Shanahan, Kirk Maltby, Darren students of Harding Elementary School But along with all this concern, they McCarty, and others, that I am afraid I in the weeks ahead. talked about their relationship with can’t mention them all here. Mr. Presi- I thank you, yield the floor, and sug- the Internal Revenue Service. A lot of dent, virtually everybody’s contribu- gest the absence of a quorum. them felt there was abuse of power by tion on the team should be highlighted The PRESIDING OFFICER. The the Internal Revenue Service. today. clerk will call the roll. There was a decision made last week Most important, one final tribute The assistant legislative clerk pro- by U.S. District Judge William Downes needs to be reserved for team owner ceeded to call the roll. which I think highlights another case Mike Illitch. Mr. Illitch’s commitment Mr. ALLARD. Mr. President, I ask of taxpayer abuse by the Internal Reve- to making the Red Wings the best unanimous consent that the order for nue Service. hockey team in the NHL mirrors his the quorum call be rescinded. Carole Ward was awarded $250,000 in dedication to making the city of De- The PRESIDING OFFICER. Without punitive damages by the Federal Gov- troit the finest city in America. His ef- objection, it is so ordered. ernment from the Internal Revenue forts with the Red Wings are really Mr. ALLARD. Mr. President, my un- Service for wrongfully publicizing in- just an extension of his care and con- derstanding is that we are in morning formation about her. After auditing cern for Detroit. Whatever this city business with up to 5 minutes each. Ward’s children’s clothing stores— has sought, whether it be economic de- The PRESIDING OFFICER. The Sen- these were young adults, children who velopment or the return of the Stanley ator has up to 10 minutes. decided to go into business for them- Cup, Mike Illitch has tried to be part of f selves—after auditing the Ward’s chil- the solution. dren’s clothing stores, the Internal INTERNAL REVENUE SERVICE In fact, this championship is only one Revenue Service seized the stores and small indicator of the rebirth of De- Mr. ALLARD. Mr. President, I rise demanded $325,000 in back taxes. The troit. It has been many years since oth- this afternoon because I would like to Internal Revenue Service agents told ers have looked to this city for inspired talk a little bit about the relationship passersby that Ward was involved in examples of urban renewal. Without of the citizens of this country to their drug dealing. question, however, current develop- Government, in this particular case, to Judge Downes was very harsh on the ments in Detroit are quickly rendering the Internal Revenue Service. There is Internal Revenue Service, saying, such negativism a thing of the past. a real burden on most enforcement ‘‘This court gives notice to the Inter- Detroit is truly a city whose best days agencies. When they accuse somebody nal Revenue Service that reprehensible are yet to come, and great credit is due of a crime, they have the burden of abuse of authority by one of its em- to the leadership of individuals like showing beyond a reasonable doubt ployees cannot and will not be toler- Mike Illitch and Mayor Dennis Archer that the crime was actually committed ated.’’ for making this goal a reality. by that particular individual. That He went on to describe the behavior For today, as we celebrate the Red type of burden doesn’t exist with the of some Internal Revenue Service Wings we also celebrate the city of De- Internal Revenue Service; for whatever agents as grossly negligent and they troit. The only thing missing from Sat- reason, your name may come up for an acted with reckless disregard for a law urday night’s victory was the violence audit, maybe because of some type of a meant to assure Americans that their and mischief that so often mars such filing that you did in your income tax tax matters are handled with confiden- achievements, a fact which should not form that sets off the computer alarms, tiality. be overlooked. The eyes of the sporting whatever system that they have. While the vast majority of Internal world were on the Detroit Red Wings That is one of the reasons why I am Revenue Service agents and employees and their fans this weekend, and what pushing legislation for a home office are dedicated public servants who work S5396 CONGRESSIONAL RECORD — SENATE June 9, 1997 hard to serve the public, it only takes tleman, John Chang, Minister of For- When any scholar talks about the early one incident such as this to continue eign Affairs of the Republic of China on contacts between Europe and Cathay, he can the undermining of public confidence Taiwan. My purpose in being here this never afford to forget to mention two promi- nent European figures, one is, of course, with the Internal Revenue Service. afternoon is to express my hope that Marco Polo, the other, Matteo Ricci. Both of Now, Carole Ward had the courage to every Senator will read the text of Mr. them are Italians, the former a legendary go into the public arena and fight the Chang’s remarks, and, while doing so, merchant, the latter a Jesuit missionary, Internal Revenue Service, but many compare his rhetoric with that flowing and they were 300 years apart. Marco Polo American taxpayers are intimidated constantly from mainland China. traveled with his father and uncle from Ven- from responding when the IRS abuses For that reason, Mr. President, I ask ice to China in 1271, when Mongolians were take place. unanimous consent that the text of Mr. ruling China. He had spent 24 years in China. Matteo Ricci came to China under Ming Dy- I am hopeful that last week’s Federal Chang’s address be printed in the court decision will prompt the Internal nasty in 1583, he lived in China for thirty RECORD. years and died there. The great differences Revenue Service to recommit itself to There being no objection, the speech between the two great Italians lie in the fact serving the public responsibly and to was ordered to be printed in the that the trader Marco Polo succeeded in in- weed out those agents and employees RECORD, as follows: troducing the old Cathay to Europe, yet the missionary Matteo Ricci did things another who abuse their power. I hope they TEXT OF JOHN CHANG’S ADDRESS IN way around, he introduced Europe to China, think about their relationship with the BRUSSELS not only her culture, science, but the reli- taxpayers, not one to make criminals Mr. Chairman Spencer, distinguished mem- out of taxpayer citizens in this coun- gion of Christianity. The most important bers of the Committee on Foreign Affairs, contribution that Marco Polo ever rendered try, but to assist them in filling out Security and Defense Policy, Ladies and was his bringing back to Europe such Chi- their forms and meeting the require- Gentlemen: nese inventions as the compass, paper-mak- ments of the law. Thank you all so much for inviting me to ing, paper money and printing. Many histo- Again, I encourage all employees of speak to you at this very very prestigious rians believe that Marco Polo’s book entitled the Internal Revenue Service to look forum today. It is truly a great honor not ‘‘Description of the World’’ may have influ- at their added responsibilities and only for my humble self, but also for my gov- enced many explorers, including Christopher their added responsibility in relation ernment, the Republic of China which is now Columbus. By citing this portion of history, located on an island called Taiwan. Allow me I intend simply to stress that how close once to dealing with the taxpayers and first of all to convey to each and every one we were together in the past, and we cer- make sure that everybody pays their of you the warmest greetings and gratitude tainly would be even closer in the future. fair share of taxes and nothing more. from 21.3 million people living in Taiwan. We A few minutes ago I pointed out that the Mr. President, I suggest the absence deeply appreciated this opportunity that our Republic of China was established in 1912 of a quorum. story can finally be directly told and better after a revolution strongly motivated by a The PRESIDING OFFICER. The understood to our respectable members of new tide of political thought of Europe. It clerk will call the roll. the European Parliament. was the first Republic in entire Asia. The en- The assistant legislative clerk pro- I was told that over the past years, the suing thirty years for the new Republic were all turbulent and chaotic. Only after the end ceeded to call. Dalai Lama of Tibet, Mr. Arafat of PLO and Mr. Mandela of ANC etc., all had been in- of World War II, the new Republic got a very Mr. HELMS. Mr. President, I ask short breathing period. But it was already unanimous consent that the order for vited to this forum to exchange views with you over their issues. The situation that the too late, the entire nation became fully ex- the quorum call be rescinded. Republic of China on Taiwan faces today is hausted by the eight-year Sino-Japanese war The PRESIDING OFFICER. Without totally different from theirs, but there is one from 1937 to 1945. The Chinese Communists seized the opportunity to engage a civil war objection, it is so ordered. thing in common, it is that we all need the against the nationalist government of KMT f fair attention of the world and we all have to led by late Generalissimo Chiang Kai-shek. appeal to international justice. The Communists won the war in 1949, con- HISTORIC ADDRESS BY TAIWAN It took me about 20 hours to fly over from sequently, the government of the Republic of MINISTER OF FOREIGN AFFAIRS Taipei to Brussels, the day before yesterday, TO THE EUROPEAN PARLIAMENT China was then moved from the Chinese yet it has taken my government, the Repub- mainland to the island of Taiwan with her Mr. HELMS. Mr. President, we live in lic of China, more than twenty-five years to Constitution which was promulgated in 1947. a time when so many United States be finally given an important international In 1949 when the government of the Repub- leaders, both in and out of Govern- platform like this today to have our voice lic of China was relocated on Taiwan, she re- heard, to have our humble views shared, and ment, are apprehensive lest the so- mained to be the legitimate government of to have our story faithfully told. whole China with a majority of nations in called People’s Republic of China be of- It is sad to point out that our freedom of the UN supporting this claim diplomatically, fended at the slightest suggestion that speech as a sovereign state, has long been de- the number was 47 out of 59. As the member- the basic principles of justice, human prived of from almost all international orga- ship of the UN grew up to exactly 100 in 1960, rights, and freedom should be applica- nizations since 1971, the year when we were the number of nations which maintained dip- ble to the actions of the Communist forced out of the UN, simply because of lomatic ties with the Republic of China on leaders in Beijing as well as to all the mainland China’s untrue position that there Taiwan was 53, still a majority support in rest of us. is but one China on earth, which is the Peo- the world organization. Her diplomatic rela- Mr. President, are the American peo- ple’s Republic of China, and the Republic of tions reached a peak ten years later in 1970 China on Taiwan is one of their provinces. with 67 nations formally recognizing her, and ple supposed to live in fear and nervous The sheer existence of one able, prosperous, the membership of the UN was 126, yet the anticipation when even the barest vigorous and democratic government called following year in 1971, a drastic down-turn questions about Communist China’s the Republic of China, has been for nearly a took place, because of the change of attitude conduct are raised? Are we supposed to quarter-century, veiled in thick political fog of the US vis-a` -vis her relationship with the pretend that the gross violations of of world politics. The truth about my coun- PRC. The seat of a founding member of the trade by Communist China are not hap- try, the truth about my people have all been UN, the Republic of China was unprecedently pening every day? Are we supposed to flagrantly distorted and badly twisted. And replaced by a relatively young regime, the People’s Republic of China which was cre- cringe in fear when the leaders in the rights of my government as a sovereign state have subsequently been brutally ne- ated in 1949, 38 years junior to the ROC. Beijing threaten the destruction of San glected, ignored and even totally denied in What was truly in question as an issue at the Francisco? the world affairs arena for decades. UN in 1971 was not the Republic of China’s Surely the greatness of America is The Republic of China was established in legitimacy as a sovereign state which was so not to be diminished by the bullying 1912 by a successful revolution led by Dr. Sun challenged and defeated, but it was her rep- threats flowing from mainland China. Yet-sen, which overthrew the Ching Dy- resentation right which she insisted, should Mr. President, these thoughts came nasty. Dr. Sun Yet-sen was educated in the cover the entire China, including the Chinese to my mind over the weekend when I United States, and he had widely toured the mainland over which she was not exercising received from a prominent and re- European continent and did his research at jurisdiction. It was her ‘‘representation spected American the text of an ad- the British Empire Library in London for a right’’ that she lost, not her sovereignty as a number of years before he returned to China state. Around the end of 1971, after the UN fi- dress delivered on May 22, less than 3 to lead the revolution. Europe has evidently asco, the number of states which recognized weeks ago, before the European Par- very much to do with the birth of a modern Republic of China on Taiwan dropped from 67 liament in Brussels, Belgium. China. Actually the link between Europe and to 54. It was an admitted failure for the Re- Who delivered it? It was delivered by China, I mean the ancient China, was forged public of China in her battle with the Peo- an honorable and distinguished gen- centuries ago. ple’s Republic of China over the so-called June 9, 1997 CONGRESSIONAL RECORD — SENATE S5397 ‘‘Chinese representation right’’ issued in the members. The Assembly further amended the entity which has firm and effective control UN. Yet this does not mean at all as the PRC Constitution in 1992 and 1994 to shorten the of the Chinese mainland area, and at the has ever so alleged that the Republic of terms of office of the president and Assembly same time Taiwan area is under the tight China has lost in the battle at UN together members from six years to four. Most impor- control and legal jurisdiction of my govern- with her statehood. This allegation is abso- tantly, the amended Constitution allowed ment. We will not compete with the PRC on lutely groundless, untrue and absurd in ac- our President to be elected by all voting age the ‘‘representation right’’ issue. On inter- cordance with international law. citizens in the ROC’s jurisdiction in 1996. On national relations, they may well represent There is no denial that after our forced de- March 23, 1996, Dr. Lee Teng-Huei defeated the mainland, and we represent Taiwan area. parture from the United Nations, the Repub- three other presidential rivals and became Hence, one China with two separate political lic of China on Taiwan has become more and the first popularly-elected President of the entities is a reality no one can deny and a more isolated internationally. Yet the frus- Republic of China. In the five thousand years fact that the world must deal with realisti- tration on the international front has never of Chinese history, this was the first time cally. hampered the iron will and firm determina- that the Chinese people were able to elect Just as East and West Germany enjoyed si- tion of the people and government of the Re- their head of state directly. The legitimacy multaneously membership in the United Na- public of China to move on forward to effec- of the government of the Republic of China tions before their reunification, Republic of tively develop our economy and to enhance on Taiwan was rightfully strengthened. The China should be allowed to participate in the our democracy. fact that the government of the Republic of world organizations with the PRC. A mem- Twenty years ago, in 1976, our total trade China is fully exercising her sovereignty and bership for Taiwan would definitely bring volume was $15.6 billion US dollars; last jurisdiction over the area of Taiwan island about more peaceful contacts between Tai- year, 1996, our export import trade volume has become absolutely indisputable in what- wan and the mainland and further help pave reached $217.2 billion US dollars, with a sur- ever de jure sense. the way for the reunification of a ‘‘One plus $14.7 billion US dollars. The Republic of President Lee Teng-Huei has rapidly trans- China’’. In short, like Korea, PRC and ROC China has been fortunate and had a 6% an- formed Taiwan’s old single-party govern- on Taiwan deserve recognition. While devel- nual growth for the past ten years, bringing ment into a working democracy. He has suc- oping our relations abroad, we hold no hos- our per capita gross national product to cessfully orchestrated a quiet revolution, tility with PRC at all, any move in expand- $12,000. Exports have made our economy. bringing new freedoms to his people. This ing our breathing space in the world commu- Today the Republic of China is a leading pro- transformation was achieved in quiet man- nity is not aiming at mainland China at all. ducer of electronics, computers and other in- ner. There have been no class confrontations, We simply want to be treated as what we dustrial products. Today we are selling the no military coup and no political suppression are. We want to be treated no more than world disk drives, monitors, notebooks and in Taiwan. The process of reform in Taiwan what we deserve to have. modems. To give you an example: last year, was unique and unprecedented. Mr. Chairman, as the Republic of China’s we had $11.6 billion in computer-hardware Taiwan now has a multi-party system and foreign minister, I would like to stress and production. We are the largest computer has realized the ideal of popularly-elected also clarify a few points, which might be of manufacturer in the world after the United government. We have a total respect for indi- interest to you and to your colleagues: States, Japan and Germany. vidual freedom and this is clearly the most 1. Both the Republic of China on Taiwan Our trade with the European Union has free and liberal era in Chinese history. Free and the People’s Republic of China on main- grown rapidly in a very encouraging way in speech is fully protected; all types of govern- land believe in One China. The government the past three years. The volume grew from ment controls over society have been relaxed of the Republic of China, and the political $23 billion in 1994 to $29.5 billion in 1995 and or eliminated. We are now an open, plural- party in power, KMT, repudiates Taiwan $31.3 billion in 1996. istic and free society. Our government has independence. Of our European trading partners, Ger- taken upon itself to defend and protect the 2. One China does not mean the People’s many enjoys the highest volume of $8.6 bil- fundamental human rights of every citizen. Republic of China. Beijing argues that lion, followed by the Netherlands with $5.2 But unfortunately, many countries in the ‘‘there is only one China and only the PRC billion, UK $4.6 billion, France $4.2 billion world still indulge themselves in the lie bra- has sovereignty rule over China; therefore and Italy $2.6 billion. And Belgium is our 7th zenly told by the PRC that the government Taiwan is part of PRC.’’ We believe that PRC trading partner with a volume of $1.32 bil- of the Republic of China does not exist. leaders represent a political authority, not lion, after Switzerland of $1.75 billion, ahead Despite our economic strength and politi- single China. Communist China does not of Sweden of $1.13 billion. My government cal liberalization, we have formal diplomatic equate to the China. China is still now di- has attached great importance to our trade ties with only 30 nations in the world, even vided and governed by two separate govern- with the European Union as a whole in the though we enjoy substantive relations with ments; the PRC and the ROC, each having its past; we will continue to do the same in the all major countries. We feel hurt and ne- own jurisdiction and sovereignty over its future. glected, because we have not been accorded own areas. Our focus on high technology and elec- proper recognition by the world community. 3. Beijing should openly renounce the use tronic exports has been a success. In less Since the late 80’s we have been pragmatic in of force against Taiwan and resume talks than 50 years, Taiwan ranks as the world’s our foreign relations. We try to hold on to and dialogues with us. Beijing must give 20th largest economy with a gross national our friend and seek new friends and new peace a chance. All issues can be discussed. product of $275 billion. We are the 13th larg- ‘‘connections’’ whenever possible. So far this President Lee has indicated his willingness est trading nation in the world and have ac- new pragmatism has served us well. I have to to travel to Beijing or anywhere else to hold cumulated world’s third largest reserves of emphasize here that this new approach on talks with Communist leaders. foreign exchange. Yet we are not a member our foreign relations has nothing to do with 4. Both Chinese societies can benefit from of the UN. the so-called ‘‘Independence of Taiwan’’. Tai- more direct economic, social and cultural ex- We have come a long way in terms of polit- wan is the name of an area or the name of a changes. In fact our investments in the ical achievements. It was not very long ago province where the government of the Re- mainland in the last ten years have amount- that ‘‘Martial Law’’ was still in effect and public of China is situated. Taiwan is not a ed to more than $25 billion. Our investments minimal contacts were allowed between us name of a nation, nor the name of my gov- have enabled the mainland to build foreign and our compatriots on the Chinese Main- ernment. It’s simply a geographical term. exchange reserves and created jobs. Influx of land. In 1987, just 10 years ago, the late presi- Since on the island of Taiwan or in the area our capital has improved living standards dent Chiang Ching-kuo lifted the marshal of Taiwan, there has long been a sovereign and relieved poverty and backwardness law and allowed the major opposition government called the Republic of China, among the mainland Chinese population. party—Democratic Progressive Party—to there is absolutely no sense for us to try to 5. Beijing should accept us as an equal form. President Chiang also eliminated the create another state on Taiwan. What we partner. We seek to have better relations restrictions and bans on newspapers, public have been seeking for in the international with the mainland. We do not want to see assembly and demonstrations. community is a better recognition of the Chinese fighting Chinese, not in Taiwan President Chiang’s decision to lift martial government of the Republic of China which Strait, nor on international arena, but rath- law laid the foundation of a series of addi- she deserves to have. er Chinese helping Chinese. Our compatriots tional political reforms beginning in the It is true that the People’s Republic of on the mainland and we share a common eth- early 1990s. President Chiang passed away in China maintains that there is one China, and nic bond. 1988, and was immediately succeeded by so do we. Yet we have different interpreta- 6. In Taiwan there is no support for a reck- President Lee Teng-Huei in accordance with tion of the ‘‘One China’’. Our position is less or precipitate reunification with the our Constitution. It was President Lee who rather simple that the One China was divided mainland at the moment, certainly not charted all those extremely important re- in 1949, which remains divided now. The under the terms of formula set forth by the forms in the 90’s. The National Assembly international community should recognize PRC, such as the so-called ‘‘One State, Two amended our Constitution to allow the gov- the fact of a divided China and treat the ROC Systems’’ Formula, which definitely is inap- ernment to hold all-Taiwan elections to re- government as a sovereignty with effective plicable and unacceptable to ROC on Taiwan. place Assembly members and lawmakers jurisdiction over Taiwan and the offshore is- 7. We will continue our ‘‘pragmatic diplo- who had not faced their electorate for more lands under its control. The spirit of our di- macy’’ which means that we will seek friends than 40 years. In 1991, the first all-Taiwan plomacy of pragmatism is based on the ac- and allies everywhere and want the world to National Assembly was elected, seating 325 ceptance of the fact that PRC is the political know that we exist. We will seek to expand S5398 CONGRESSIONAL RECORD — SENATE June 9, 1997 our trade and cultural offices in over 150 RICHARD AND JANET CONES— while serving with Senator THURMOND. countries and regions, in addition to the 30 SOUTH DAKOTA SMALL BUSI- I, however, would like to share with nations that have formal ties with us. We NESS OWNERS OF THE YEAR my colleagues the greatest story I will also seek to join international organiza- know about Senator THURMOND—the tions, including the UN, and her peripheral Mr. DASCHLE. Mr. President, I was organizations, because we have so much to privileged to meet earlier this week true story of his life. To me it illus- contribute to the world; with Richard and Janet Cone, owners trates one key thing: that the hall- 8. Our ultimate goal is for the world to rec- of Cone Ag-Service, Inc., in Pierre, mark of STROM THURMOND’s life has ognize us as a full member of the inter- South Dakota. They were recently des- been his dedication to serving others. national community. We are well aware how Senator THURMOND was born in 1902 ignated the South Dakota Small Busi- important and difficult the process of re- and raised in Edgefield, SC. Following ness Owners of the Year by the Small integration into the international commu- his graduation in 1923 from Clemson Business Administration. nity will be for Taiwan. However, we have University, young STROM THURMOND This award is a testament to the the resources and commitment that will began his career, first as a teacher and allow us to make our positive contribution Cones’ drive and business acumen over coach, then, at the age of 21, as an offi- to peace, prosperity and good will in the the last 30 years, during which they cer in the U.S. Army Reserve. Eventu- world. have provided high quality, liquid fer- 9. We will take full responsibility for our ally, Senator THURMOND went on to be- tilizer to South Dakota farmers. Like own destiny, but we believe that as an eco- come the county superintendent of many small businesses, they began at nomically prosperous and democratically education, city attorney, county attor- the kitchen table and have grown into free nation seeking its proper place in the ney, State Senator and circuit judge of a business that employs eight full-time world, we can expect the nations of the South Carolina. From 1942 to 1946, Sen- world, particularly the European nations to and six part-time employees. ator THURMOND, along with millions of assist us in this task. The Cones’ success story also in- other brave young men, served in 10. We are prepared, too, to shoulder our cludes timely and appropriate assist- share of responsibility for helping and assist- World War II. For his service in the ance from a Federal agency, the Small ing other nations, including mainland China, American, European, and Pacific thea- Business Administration. This agency not in the spirit of paternalism or dominance ters, Senator THURMOND earned 5 battle joined with a local lender to help fi- but mutual cooperation and respect. stars and 18 decorations and medals, Looking forward towards the 21st century, nance the Cone Ag-Service at a crucial including the Legion of Merit with oak I foresee a vibrant Republic of China ac- point in its growth, proving that even leaf cluster, the Purple Heart, and the tively promoting economic and trade co- the best business idea may need finan- Bronze Star for valor. Upon his return operation with all regions around the world, cial backing to come to fruition. to South Carolina, STROM THURMOND but with emphasis on two areas—members of But, the most important measure of the Association of Southeast Asia Nations was elected to serve as Governor of Cone Ag-Service’s success is its cus- (ASEAN) and the mainland China. This type South Carolina. During his tenure as tomers, who loyally return year after of economic and trade cooperation will Governor, Senator THURMOND was a year. The Cones can rely upon the strengthen the regional economic infrastruc- candidate for President of the United ture and will stimulate the flow of resources word-of-mouth communication by their States. Five years later, in 1954, STROM throughout the region, leading to further customers to generate new business. THURMOND was elected as a write-in economic growth as we seek to become an This type of advertising can’t be candidate for U.S. Senator and has Asia-Pacific regional operation center by the bought with money; rather, it takes a served with distinction in this body as year 2000. good product and responsive customer While pursuing economic growth and chairman of two prestigious commit- service. strength, the perfection of our democratic tees, as well as serving as the President Nearly 200 years ago, the expedition system remains to be our most cherished and pro tempore. most urged goal in our national policy. We of Lewis and Clark set in motion a The many personal sacrifices that firmly believe that no country could ever be- great westward expansion of settlers come a truly great country until it becomes Senator THURMOND has made over the across America. As many of these pio- past nine decades demonstrate his re- fully democratic. neers made their way up the Missouri Mr. Chairman, ladies and gentlemen, with spect for our institution of government your understanding, sympathy and genuine River, one can only imagine what en- and our Nation’s history. He knows all support, as a democratic and sovereign state, tered their minds as they climbed atop too well that when one fails to stand in the midst of challenges, unfair, unequal the river bluffs and gazed out over the for his principles, those principles will treatments and tests of all kind, we, the Re- limitless plains of Dakota Territory. perish. And STROM THURMOND, as a public of China on Taiwan, shall rise up Surely, there was very little to remind again. young paratrooper, as a Presidential them of the comforts they had left be- candidate, and now, as a U.S. Senator, I thank you all so much. hind or of the riches they dreamed lay f stands—sometimes all alone—for the ahead. But there were opportunities to greatest principles on which America THE VERY BAD DEBT BOXSCORE be found, hidden amidst the prairie was founded. Mr. HELMS. Mr. President, at the grass, and a few adventurous souls STROM even had to switch parties— close of business Friday, June 6, 1997, dared to settle here and make South not once, but effectively, twice, to the Federal debt stood at Dakota their home. keep advancing his strongly held prin- $5,352,776,809,883.07. (Five trillion, three That frontier spirit still runs ciples and ideals. In a sense, though hundred fifty-two billion, seven hun- through the veins of South Dakotans Senator THURMOND has been a Dixie- dred seventy-six million, eight hundred today, but the horizons that await us crat, a Democrat and a Republican, he nine thousand, eight hundred eighty- are no longer hidden. Small businesses has always been, most of all, a proud three dollars and seven cents) like Cone Ag-Service are being created American. One year ago, June 6, 1996, the Fed- to take advantage of the commercial STROM THURMOND has witnessed in- eral debt stood at $5,139,284,000,000. opportunities our State holds. They are credible growth and change in our Na- (Five trillion, one hundred thirty-nine the pioneers of today and I salute tion and our world, and his knowledge billion, two hundred eighty-four mil- them. of our past and vision for our future is lion) f crucial to our present. The Senator’s Twenty-five years ago, June 6, 1972, strong leadership, patriotism, depend- the Federal debt stood at TRIBUTE TO SENATOR STROM ability, and devotion to duty is inspir- $427,810,000,000 (Four hundred twenty- THURMOND ing—and his stamina is legendary. The seven billion, eight hundred ten mil- Mr. SHELBY. Mr. President, I rise people of South Carolina are fortunate lion) which reflects a debt increase of today to join with many of my col- to have such an able gentleman rep- nearly $5 trillion—$4,924,966,809,883.07 leagues in saluting a great friend, pa- resent them; we here in the U.S. Sen- (Four trillion, nine hundred twenty- triot, and statesman—the senior Sen- ate are lucky to stand with him; and four billion, nine hundred sixty-six ator from South Carolina, STROM all Americans should be grateful for million, eight hundred nine thousand, THURMOND. Listening to the debate re- Senator THURMOND’s 41 years of service eight hundred eighty-three dollars and cently, I realized that many were in the Senate and proud of his 94 years seven cents) during the past 25 years. speaking of their personal experiences of service to this country. June 9, 1997 CONGRESSIONAL RECORD — SENATE S5399 HONORING THE SORENSENS ON contributions to the operations of this knows that I have valued her faithful THEIR 50TH WEDDING ANNIVER- office in many different ways. Working service, will certainly miss her sense of SARY at the back of the reception room of 217 humor and energetic personality, and Mr. ASHCROFT. Mr. President, fami- Russell, dubbed the ‘‘Dogwood Alcove’’ that I am pleased to count her among lies are the cornerstone of America. because of the personal touches she has my friends. It is a bittersweet day on The data are undeniable: Individuals made to her workspace, Kathryn has which I say goodbye to Kathryn Hook, from strong families contribute to the pleasantly, politely, and warmly greet- as not only is it her last day on my society. In an era when nearly half of ed probably tens of thousands of visi- staff, but it is her birthday as well. I all couples married today will see their tors to my office, ranging from con- wish her many more years of health union dissolve into divorce, I believe it stituents who have come by to say and happiness, and I thank her for her ‘‘hello,’’ to senior American and for- is both instructive and important to many years of devoted and selfless eign government officials who are honor those who have taken the com- service. making official calls on matters of pol- mitment of ‘‘till death us do part’’ seri- I yield the floor and suggest the ab- icy. In each case, she has demonstrated ously, demonstrating successfully the sence of a quorum. the famed hospitality of South Caro- The PRESIDING OFFICER. The timeless principles of love, honor, and linians, making anyone who enters my clerk will call the roll. fidelity. These characteristics make suite feel as though they are a long The bill clerk proceeded to call the our country strong. lost friend, and making sure that they roll. For these important reasons, I rise know that they are welcome in my of- Mr. DORGAN. Madam President, I today to honor John and Rosalie fice. ask unanimous consent that the order Sorensen of Des Plaines, IL, formerly Perhaps more importantly, though, for the quorum call be rescinded. of Howard’s Ridge, MO, who on July 12, is the influence she has had on young The PRESIDING OFFICER (Ms. COL- 1997, will celebrate their 50th wedding staffers who have worked under her. LINS). Without objection, it is so or- anniversary. My wife, Janet, and I look Kathryn is a woman of high and un- dered. forward to the day we can celebrate a compromising standards, and a strong Mr. DORGAN. Madam President, I similar milestone. The Sorensens’ com- work ethic. In the course of her career, ask unanimous consent to claim the mitment to the principles and values of she has passed these commendable time of the leader’s designee in morn- their marriage deserves to be saluted qualities and characteristics on to ing business. The Democratic leader is and recognized. those who have been her direct subordi- allotted 60 minutes. f nates, as well as to many other staffers The PRESIDING OFFICER. Without who have worked with her through the objection, it is so ordered. TRIBUTE TO KATHRYN HOOK years. There is no question that Kath- f Mr. THURMOND. Mr. President, in ryn has left her mark on an untold DISASTER RELIEF my almost 42 years of service to the number of STROM THURMOND staffers, Mr. DORGAN. Madam President, I U.S. Senate, I have probably had more and that her influence has benefitted come to the floor today again to speak than one thousand individuals work for these individuals both while they of the disaster relief bill, the so-called me as members of my personal and worked for me, and in subsequent jobs. supplemental appropriations bill. This committee staffs. Among these legions, I have no doubt that there are hun- bill provides substantial amounts of I have been fortunate to have had a dreds of people, particularly women, money for disaster relief, especially for number of particularly capable, dedi- who owe their success in life to the les- people of the region of North Dakota, cated, and selfless men and women who sons they learned from Kathryn Hook. truly went above and beyond the call of Of course, Kathryn’s contributions go South Dakota, and Minnesota, the re- duty in assisting me and in carrying far beyond that of her duties in the re- gion where victims of blizzards, fires out their duties as staffers. Today, I ception room and as the personal as- and floods now await action by the rise to pay tribute to Miss Kathryn sistant to my chief of staff. She is the U.S. Congress on a disaster appropria- Hook, a person who has been with me point of contact for any number of tions bill. On Saturday, in the Bismarck Trib- for just short of 30 years, whose work South Carolinians, particularly those une, an associated press writer, John and efforts have been invaluable, and from her hometown of Florence, who McDonald, was in Grand Forks, ND. to many South Carolinians, is as much know Kathryn and feel comfortable The headline says, ‘‘Patience Short a part of my office as I am. Sadly, contacting her on a multitude of issues with Congress.’’ Here is what the story today marks Kathryn’s last day on the that range from correcting problems says: job. with a relative’s Social Security check, A woman with a warm and outgoing to legislative issues. Kathryn’s inti- Ranee Steffan had strong words for Mem- bers of Congress who think flood victims can personality, Kathryn first arrived in mate knowledge of office policy, proce- wait while the bickering continues in Wash- my office in 1967 and immediately dures, and history has made her a use- ington over a disaster relief bill. began to make friends not only among ful resource for staff members who ‘‘You are playing with our lives,’’ Mrs. my staff, but with our neighbors in need advice and guidance on issues or Steffen warned Friday from the sweltering other Senate offices. I recall that at have a question that can only be an- travel trailer that she and her family now that time the late Bobby Kennedy was swered by her institutional memory. call home. ‘‘This isn’t some game. You one of my colleagues, and he had an of- Mr. President, Kathryn Hook is a should come here and walk in my shoes for a day.’’ fice adjacent to mine. As he would unique and special woman in many dif- Homeless for over a month, out of work walk down the halls with his dogs, he ferent ways, and it is impossible to cite and bounced from one temporary shelter to would almost inevitably stop into my all of the highlights of her career or to another, the wife and mother of two is fed up reception room to say ‘‘hello’’ to Kath- adequately summarize the impact she with lawmakers who seem to think that ryn. It is my understanding that later, has had in my office. Suffice it to say, Grand Forks residents are ‘‘getting along when Senator Kennedy ran for Presi- her efforts over the years have helped just fine.’’ dent, he asked Kathryn if she was in- me do my job as a legislator and in as- All she wants, she says, is to move back into a real home and to start working again. terested in working on his South Caro- sisting the people of South Carolina. But that isn’t likely to happen until Con- lina campaign activities, and as tempt- Kathryn’s long tenure of invaluable gress and President Clinton work out dif- ing and flattering an offer as that most service to our State was recently rec- ferences in the emergency spending bill that certainly must have been, commend- ognized and honored by the Governor has $5.6 million of disaster relief for disaster ably, Kathryn chose to stay in my em- of South Carolina who presented her victims. ploy. It is a decision that I am grateful with our State’s highest award, ‘‘The I noticed this weekend in the Wash- she made. Order of the Palmetto,’’ in a ceremony ington Times, Saturday, June 7, Speak- For almost three decades, Kathryn held in the Strom Thurmond Room of er Gingrich, the Speaker of the House has been such a fixture on my staff, she the U.S. Capitol. Regrettably, I do not of Representatives, ‘‘vows not to yield has earned the title of ‘‘Dean of have an equivalent commendation with on disaster aid,’’ according to the head- Women,’’ and she has made countless which I can present her, but I hope she line. He says that after a veto, the GOP S5400 CONGRESSIONAL RECORD — SENATE June 9, 1997 will send the bill back with the same vantage to do so, stuck a couple of very woman who was 89-years-old at a shel- riders. And then it says, ‘‘Mr. Gingrich controversial items in this bill and ter. Yes, they went to shelters because predicted voters will not remember sent it down to the President, knowing they could not cook, did not have elec- this standoff over the supplemental ap- it would face a certain veto. They took tricity, did not have heat in their propriations bill at the ballot boxes a couple of weeks’ vacation first, and homes, and it was bitterly cold. Madam next year,’’ suggesting, I suppose, that, broke for the Memorial Day recess. President, this woman was 89 years of well, it is just that region up there, Now it is going to be nearly 3 weeks age, and she said, ‘‘I am getting along North Dakota, Minnesota, South Da- later than it should have been before a just fine. We sure appreciate all the kota. They will not remember this. bill would get passed that the Presi- folks here at the shelter.’’ What a great In this morning’s Washington Post, dent might have an opportunity to spirit and a great attitude. we read that in a ‘‘contentious meeting sign. But, in any event, they finally did But all of those folks went through of Republican leaders after adjourn- send a bill down to the President this this kind of dilemma of blizzard after ment Thursday, Majority Leader LOTT morning containing provisions they blizzard after blizzard, with shutdowns of the Senate argued that this time— knew the President would not sign. of virtually all the roads in the State, unlike 2 years ago—the GOP would win The President vetoed the bill, and it cattle freezing on their feet because the PR battle. He claimed Americans now has returned to the House of Rep- the snow was suffocating them, and did not care much about the supple- resentatives, just within the past sev- then power outages affecting tens of mental appropriations bill providing eral hours. thousands of people. My colleague Sen- help for the victims of Red River flood- At the end of my remarks, Madam ator CONRAD showed this picture the ing in the Dakotas and Minnesota.’’ President, I will introduce a bill that is other day. I had shown it previously, a I do not know if that is an accurate a clean disaster supplemental bill. It picture similar to it, dead cattle lying quote. It is in Robert Novak’s column strips the two extraneous provisions on the range, cattle whose hooves were in today’s paper. But I worry about that are highly controversial out of the frozen, dairy cows whose udders were what all of this says. It says somehow legislation. I will send it to the desk frozen. A fellow was in town a while that this is a game, it is politics, it is and ask it be considered by unanimous back and he said someone asked a trying to claim a political advantage consent. If it is considered by unani- rancher, ‘‘What are you doing this in the fighting over a disaster bill. mous consent, this will go to the House afternoon?’’ He answered, ‘‘Going home It is interesting that if you take a of Representatives. After all, the House to shoot some more calves.’’ These look at other disaster bills in the Con- passed this bill plus the two controver- calves simply would not make it. Their gress and what has happened in those sial provisions. The House could con- hooves were frozen and they would not disaster bills, the time line is really sider it, they could send it to the Presi- be able to walk any longer. Hundreds of quite interesting. We had, as many dent, he could sign it, and tomorrow thousands of head of livestock died in Americans will recall, a terrible hurri- the disaster relief would be available to those winter blizzards. cane called Hurricane Andrew. When the people who are victims of this dis- Then what happened is the Sun came Hurricane Andrew hit the Florida aster. I have alerted the majority that out and it began to warm up in our coast, it decimated and devastated I intend to do so, and at the end of my part of the country. What was a farm— miles and miles of homes, and people remarks I will ask this piece of legisla- and this is a farm—now looks like an were living in camps and trying to fig- tion be considered. ocean. The Red River Valley became a ure out what to do next. That was 1992. Now, Madam President, before I go flood that was 140 miles long by 20 to 30 That hurricane hit August 24, 1992, kill- further, I will go through once again miles wide. This is a farm in this pho- ing 40 people and destroying more than what has happened to our region and tograph. But, of course, this year, it 25,000 homes. Again, this was August why this is urgent and why some of us was a flood; 1.7 million acres of farm 24, 1992 that the hurricane hit. On Sep- have had a bellyful of the politics land were under water when this pic- tember 8, just 2 weeks later, President around here on this bill. ture was taken. Bush called for a $7.7 billion relief Let me describe, first of all, the bliz- This picture shows what that flood package. That took place on Septem- zards in our part of the country, 3 looks like from the air. It looks like a ber 8. On September 23, President Bush years’ worth of snow in 3 months, 10 huge lake that extends for the entire signed it into law. It took 1 month feet of snow dropped on our region of Red River Valley, with patches of from the hurricane to signing the bill the country. The last blizzard was the ground in places where you could see into law. worst blizzard of 50 years, and the some dikes that have been erected to What a difference compared to our worst blizzard of 50 years dumped near- try to protect some areas of the coun- experience this year. ly 2 feet of snow on much of North Da- try. That flood inundated Watertown, Madam President, on March 19 of this kota, some of South Dakota, and some SD. It was an enormous flood—in Wa- year, the President sent his first re- of Minnesota. Traffic was stalled, as it tertown, MN, and Breckenridge and quest to Congress for a disaster bill to was many times this winter, with the Fargo, ND. That flood water was chan- provide supplemental appropriations nine blizzards that we had. All the neled through Fargo, and for 24 hours a for a range of disasters that had oc- roads were shut down. Power poles day they wondered whether the dikes curred in our country. March 19, April snapped like toothpicks. would hold, and they did hold in Fargo. 19 went by, May 19, and we are headed Here is the result of howling winds of Some homes got wet and they had toward June 19—nearly 3 full months— 20 and 40 miles an hour and 80-below some flooding damage, but it could and the disaster bill is not yet law. windchill temperatures and 2 feet of have been much worse. Then that Red Now, Congress passed a disaster bill, snow in the worst blizzard of 50 years. River flooding came to Grand Forks, but some in Congress decided they This is a snowbank on flat land and a ND, as they tried to channel that wanted to make a political sideshow farmer standing in front of it to show through the city. The flood crest was out of it and they put very controver- the size of the snowbank. The snow- predicted to be 49 feet, the highest sial provisions in it, provisions they bank is nearly three times as tall as he flood crest in history. But it wasn’t 49 knew the President would be forced to is. feet, it was 54 feet. As the water rushed veto, provisions that had no relation- The blizzard that hit had this impact: over the dikes down the streets of ship to this bill at all, extraneous pro- 80,000 people in our region out of power, Grand Forks, people left their homes, visions having no business in this bill. power poles snapped like toothpicks, running to their cars, running to Na- The President told them long ago to lying on the ground all across our re- tional Guard trucks, to evacuate their pass a clean bill. If they put provisions gion. Some people were out of power city, in most cases with nothing but that were controversial in this bill for a week and more, while power crews the clothes on their backs. thinking he would sign it, they were struggled 24 hours a day to try to get In this photograph is Grand Forks, wrong. the poles up and the lines up and re- ND, and East Grand Forks, MN. It So the Congress, attempting to pro- store power to these communities. looks like a lake with buildings stick- voke a fight, because some political I was in Grafton, ND, when they were ing out of the lake, a city completely leaders here decided it was in their ad- out of power for 5 days, and met a inundated by a flood. A city of 50,000 June 9, 1997 CONGRESSIONAL RECORD — SENATE S5401 people was on this side of the river, to a relative who lived in another city. ter bill are the resources that allow the with 90 percent evacuated; 9,000 people ‘‘Red Cross tops 1 million meals,’’ the city to say to those people, ‘‘We are were on this side of the river, 100 per- Grand Forks Herald says. ‘‘How bad going to buy your home and establish a cent evacuated. I might say that this was our disaster? Let us count the new flood plain and, with that commit- whole area in Grand Forks, ND, will meals.’’ ment, you can now go and get another never again be inhabitable. All of these People who one day had a home, had home.’’ Until that happens and this bill business places are ruined and will be warmth, had shelter, had a stove and a is passed, those families’ lives are on destroyed. refrigerator, a place for kids to come hold—600 families just in that area, and More than that, during the flood home to from school and a place to the 800 homes that were severely dam- when the waters broke the dike, the come to at the end of the work day, aged. Many of them will face a similar city of Grand Forks also suffered a now had nothing. They were living on circumstance. All of their lives are on major fire, as depicted in this photo- cots in an Air Force hangar and eating hold. graph. In the middle of flooding, you from the Red Cross shelter. And then, We hear people around here say this, can see the firefighters of Grand Forks, finally, the river went back into its and I heard them last week and the ND, standing in the ice-cold water up bank. Here is what Grand Forks resi- week before saying that time doesn’t to their wastes, fighting a fire, a fire dents have come home to find: 600 matter, nothing is urgent, nothing can that destroyed 11 of the larger down- homes totally destroyed that will be done that isn’t being done, there is town business buildings in Grand never again be lived in. Another 600 to money in the pipeline. You know, I Forks, ND, and then spread to three 800 homes were severely damaged. have heard people like that before. blocks. They had to bring this fire- I don’t know if many people know They say, ‘‘My belt buckle was won in fighting material in with huge air- what a home looks like when it has a rodeo,’’ and they say, ‘‘There is planes, dropping flame retardant on been totally submerged in a flood. I money in the pipeline.’’ What a bunch these buildings because they couldn’t was in a boat that was floating on top of nonsense. The fact is that the money fight the fire from here. The fire- of the water at the rooftop level of in this bill is critical. It deals with fighters didn’t have the equipment to most of these homes. These homes are housing. This funding is what is nec- fight a fire in a flood. These fire- totally destroyed and will never again essary to give these people hope and to fighters, suffering from hypothermia, be repaired. I have some more photo- give the city the resources to allow were using fire extinguishers to fight a graphs here. Here is what a basement them to move back into either their fire in downtown Grand Forks, ND. Of looks like. homes or a different home and get on course, they finally put the fire out. This is what happens out in the yard. with their lives. I was on a Coast Guard boat in Grand They strip all the wallboard out of a Until this bill is signed, until the bill Forks, and as we went up and down the home and all of the things that used to is done, all of these people’s lives are streets of Grand Forks, ND, here is be their possessions and put them on on hold. ‘‘There is money in the pipe- what you saw, streets that looked like the boulevard out in front. What used line,’’ we are told. Yes, FEMA, the Fed- rivers and lakes, as shown in this pho- to be a nice street, where cars would eral Emergency Management Agency, tograph. Occasionally, you would see a drive up and down, is now on both sides has some money, but that is short- car top sticking up. The boat I was on of the street filled with trash, filled term emergency money. It is not the ran into a car. We could not see it, but with the remnants of a home. You can kind of money that will finally unlock we knew we ran into a car because we only drive there one way, up and down. the housing questions and jobs ques- saw about two inches of a radio an- The garbage trucks come all day long, tions that are in front of all of these tenna sticking above the water. When I back and forth, trying to keep up to families. Until this bill gets passed and told the pilot of the boat, ‘‘I think you haul out this garbage. signed, none of these families will ran into a car,’’ he said, ‘‘I guess so, This home was totally submerged in know what their future can be or is but, you know, it wasn’t there yester- water. When it came back to rest, it going to be. So those who stand here day.’’ What happened is that river was rested on top of an old Ford car. This and say that there is money in the running so fast that it was taking cars picture shows a home sitting on top of pipeline and there is nothing that can underneath, and you could not see a car. That is what floods do. them moving all around that town, as This home was in the same neighbor- be done that isn’t now being done, I say the river destroyed the central core of hood, and it just collapsed. It was to them, you are wrong and you know that city. When the fire was finally put brought up from its foundation and it. If you don’t know it, buy a plane out in downtown Grand Forks, ND, then collapsed. ticket and fly to Grand Forks and talk here is part of what it looked like. It The Grand Forks Herald, in the to the flood victims that you are hold- skipped over three different blocks, but midst of all of this, says, ‘‘Here is why ing hostage. If you don’t have the de- you could see what it did to downtown the Federal Government needs to pass cency to do that, then stop talking Grand Forks, ND. disaster relief now.’’ I have shown you about it, because you don’t know what Some say, well, that is quite a trag- the result of all of this. There is more. you are talking about. edy, but it happens other places in the There is a problem that farmers and There is not money in the pipeline to country. I don’t know of any other ranchers have—some are flat on their deal with the emergency needs of these place in the country where they have backs having lost their entire herds in people. Every one in this Chamber has suffered a circumstance where a major the blizzard. But most urgent is the a responsibility to understand that. If city was almost totally and completely need to give the people who are trying they don’t understand it, they will not evacuated and a major part of the city to run these cities the resources so talk about it. If Congress doesn’t de- permanently and totally destroyed. In they can tell the people who are out of cide this week—and there is some indi- the middle of all of this, I went to their homes, here is what your future cation it won’t—to pass a disaster bill North Dakota, and I was in North Da- is going to be. Regarding the 600 homes without continuing to play politics, kota on almost all weekends. I went that are going to have to be bought then all of these people’s lives will con- there with President Clinton on Air out, the city needs to be able to say to tinue to be on hold for another week Force One during the middle of a week, those 600 families, ‘‘We are going to and another week and another week. In on a Tuesday. He flew into Grand buy you out and create a new flood the midst of all of this, we will have, I Forks, ND. While this city was evacu- way.’’ Under any definition, all of suppose, the prospect of front page sto- ated, thousands of them were sent to those 600 homes are in the flood way. ries like, ‘‘Gingrich Vows Not to Yield Grand Forks AFB. They were put in So those 600 families are on hold now. on Disaster Bill.’’ This says, ‘‘After giant airplane hangars where thou- One is living in a tent, by the way, in veto, GOP will send back same riders.’’ sands of cots were set up, and that is their yard—a tent—a mother, a father, We have people who, a couple of where many of them slept overnight and children, because they need to years ago, waltzed around this town until they could find some other shel- know what their future is going to be. and boasted—and I can get you the ter to move to or some other family to They don’t have any money, or a home, quotes and the names and the days, but take them in or to get transportation and they don’t have a job. In this disas- I will not do that at the moment—that S5402 CONGRESSIONAL RECORD — SENATE June 9, 1997 if they didn’t get their way in this Con- what? They are just from North Da- are going to complain about it, and gress or in the last Congress, they in- kota.’’ Or, as this paper says, people say, ‘‘How can you do that?’’ I am not tended to shut down the Government. will forget by the next election. ‘‘So going to do it to them because I have They boasted repeatedly, ‘‘Either we what?’’ not done that since I came to Congress, get our way or we will shut down the What a hard-headed, cold-hearted at- and I will not do it in the future. I will Government.’’ They said, ‘‘Frankly, titude for people to take on a disaster not play politics with the lives of peo- nobody cares if we shut down the Gov- bill. I can’t remember when I have been ple who have been victimized by na- ernment.’’ Well, they boasted about it as disappointed in the behavior of Con- tional disasters. But someone will and they kept their word; they shut gress as on this bill. again in the future because the prece- down the Government and they paid an Last evening, after the basketball dent is now established that it is just enormous price for it. game, the Chicago Bulls and the Utah fine to do. It is OK. Get a disaster bill, Now, some of those same people are Jazz promoted during the second half and then get the national political trying to portray themselves as being of that game a new television sitcom, I committee of whichever party involved opposed to shutting down the Govern- guess—I don’t know. I have never seen and start doing radio ads creating an ment, so they want to attach an it, probably never will, certainly don’t advantage, and have the Speaker go to amendment to this disaster bill saying, intend to. If I do, it will be by accident. the Editorial Board and say, ‘‘We are we want to tell people that we are op- But the title was ‘‘Men Behaving not going to yield on this issue.’’ Be- posed to shutting down the Govern- Badly.’’ ‘‘Men Behaving Badly.’’ I sides, it is just a bunch of folks up ment. The amendment has nothing to thought, that could describe what I am there in that territory; and says, ‘‘Vot- do with this bill—totally extraneous going to face tomorrow in the Senate ers will not remember this standoff and unrelated. But they want to use again. And someone said, ‘‘Well, but over the supplemental appropriations this bill to say we are opposed to shut- the Senate is more than just men.’’ at the ballot box.’’ ting down the Government. The That is true, and it is a better place be- Well, I am appalled by what we are amendment by which they do that is cause of it. But I don’t see anyone facing here. And I don’t know what we controversial, and I am not going to other than some prominent leaders out expect this week. get into the merits of that. Frankly, I here leading in a direction that is And I am not the only one who is ap- care less about the merits of that than counterproductive, and it is behaving palled. I have here an article from the do some other people. But as was dem- badly. Sioux Falls, SD, paper. The headline onstrated by my comments about the There is an easy way for us to solve reads, about the Governor of South Da- disaster relief when Hurricane Andrew this problem. Today, Monday, thou- kota, Governor Janklow, who is a Re- hit Florida, a disaster bill that was sands of people in Grand Forks and publican: ‘‘Janklow Slams GOP on dis- passed in less than a month—in fact, in East Grand Forks woke up not in their aster-aid bill.’’ The article goes on to about 2 weeks after President Bush homes—some in camper trailers, some say, ‘‘Misguided Republican strategy sent it up. As was shown by that, it is in tents, some in motels, some in shel- will make Congress look bad.’’ unusual for people around here to be- ters, some in neighboring towns, some Governor Janklow has it right. lieve it is appropriate to play politics in acquaintances’ homes, some in rel- This is not, and should not be, a bill on a disaster bill. atives’ homes. They woke up not in on which the two parties play a game In most cases when you are talking their own homes and not in their own of political Ping-Pong. This ought to about disaster aid, you are talking beds because they do not have a home. be a disaster bill that provides relief to about victims. When you are talking Most of them don’t have a job. What victims. about victims, in most cases, politics they have is a wait on their hands So, Madam President, in the remain- takes a back seat. Members of the waiting for the Congress and for their ing days of this week I urge Members House and the Senate—Republicans, city to make a decision about their fu- of the leadership here in the Congress Democrats, Conservatives, Liberals— ture. to give us an opportunity to pass a dis- don’t think much about politics in Why is it up to us to make a deci- aster bill that does not contain extra- those cases. They say we have had peo- sion? Because we have in this bill the neous or unrelated issues that are con- ple who were victims and had tough resources that will allow those two troversial. Give us an opportunity to times through an act of nature, who cities to describe a new floodplain and pass a piece of legislation like that, have been dealt a bad blow, who are buy out some of these homes and give have the President sign it, and have homeless, hopeless, helpless, and whose people an opportunity to create a new those people who are now wondering families are jobless and who need us to future. But today, on Monday, they about their future who suffered say, ‘‘You are not alone, let us help woke up probably feeling as anxious through significant disasters, blizzards, you.’’ And in almost all cases, the Con- and as angry about this as I did, won- floods, and fires to be able to under- gress has reached out a helping hand dering: What on Earth are people stand disaster aid is on the way with and said, ‘‘Here is a disaster bill we are thinking about trying to create a the President’s signature, that aid be- going to pass and we are going to do it major political issue over a disaster gins to move, decisions will be able to on a timely basis to try to give hope to bill? be made, and people’s lives will be able those people who are victims.’’ Madam President, this weekend in to begin to move on as if normal again. In every case that I have recalled the middle of this debate the Repub- But that can only happen if Members since I have been here, whether it was lican National Committee was on the of the House and the Senate decide the earthquake victims of California, radio in North Dakota with paid radio that they will forgo the opportunity to or the hurricanes in Florida, or torna- ads on this issue. Why would the Re- play politics with the disaster bill. does, or blizzards, or floods, I have felt publican National Committee be doing Madam President, the Fargo Forum, that the taxpayers of North Dakota paid radio ads about this issue? Be- which is a newspaper in North Dakota, want us to say: Let us help. cause this is now, and has always been, wrote an editorial. This is North Dako- Let’s reach out and provide the help- according to leadership and the Repub- ta’s largest paper. ‘‘Act now on flood ing hand; extend the hand of friendship lican National Committee, a political relief bill. More than 6 weeks ago the and the hand of help to say that the issue. From their point of view, the flood-ravaged Red River Valley just rest of the country wants to join you in point seems to be to add extraneous wanted to be left high and dry * * * helping you get back on your feet. and unrelated issues to this bill, and [In] an ironic perversion of the wish, For years we have had disaster bills then try and shove it down the Presi- Congress acted or failed to act.’’ The move through the Congress without dent’s throat. ‘‘Red River Valley just wanted to be someone saying, ‘‘I have a new idea. You know. The shoe is going to be on left high and dry.’’ Well, it is high and Why don’t I try to jam up the disaster the other foot someday. Someday dry all right. bill with a very controversial issue and somebody else is going to have a disas- The point of their editorial is that shove it down the President’s throat? ter. Somebody else is going to do to Congress needs to act now. This is not Why don’t we try to do that? So what them what is now being done to the a case where a week from now, or a if the victims are hurt by that? So people of this region. And then they month from now it is just fine. This is June 9, 1997 CONGRESSIONAL RECORD — SENATE S5403 urgent. This is an urgent need, and to be considered at any time. I just do home. She wants decisions to be made Congress needs to act now. not think it ought to be considered on that will allow that to happen in her The Grand Forks Herald is the news- a disaster bill. city, and in her community. And until paper of a city of 50,000 people. Every My bill removes the census portion of this piece of legislation passes that day since Congress took the Memorial the disaster bill. I do not object that cannot happen. Day recess at the front of their mast- the Senate consider the census provi- On behalf of Ranee Steffan, and so head they say, ‘‘10 Days Since Congress sion at some point. But there are plen- many other thousands of families Let Us Down.’’ I suppose it is now 18 ty of other opportunities to consider it. whose lives are on hold, I hope very days since the House adjourned with- As soon as the President signs the bill much that both sides of the aisle will out passing the disaster bill. The edi- and disaster aid begins to flow, we will decide to pass a disaster bill free from torial makes the point, and every citi- have other bills come to the floor of contentious unrelated political mat- zen in Grand Forks makes the point, the Senate. My understanding is that ters. We need to get aid to those who that Congress ought to move on this there was a proposal to be brought to need it as quickly as is possible. disaster bill and move now. the floor of the Senate tomorrow. Both Madam President, I yield the floor. On March 19 the President sent his of these issues could be offered as The PRESIDING OFFICER. The as- request to Congress. When the flood oc- amendments to that bill. I have no ob- sistant majority leader is recognized. curred and the President went to jection to that. If somebody wants to f Grand Forks, ND, and spoke to several offer that, let’s offer that and have a URGENT SUPPLEMENTAL thousand people in an airplane hangar debate. I have no objection nor concern APPROPRIATIONS at the Grand Forks Air Force Base, he about that. made the point that he was seeking a I just do not want these provisions to Mr. NICKLES. Madam President, significant disaster relief bill and that be provisions that interminably delay a first, I objected to the unanimous-con- he hoped that Congress would not add disaster bill which should have passed, sent consideration. My friend and col- extraneous or unrelated amendments now it is 3 weeks ago. league from North Dakota expected it. to the bill. What he hoped would not If the newspaper reports are correct, He knew I would do so. He basically happen has happened. The result has it looks like this issue will not be re- tried to pass the bill as designed by one now been substantial delay—at least 3 solved this week, nor probably next Senator. That is not the way the legis- weeks’ delay, and probably more. week. lative body works. The way the legisla- Madam President, my desire would How long do victims of a disaster tive body works is that there are proce- be that everyone call a political truce, have to wait? When will Congress un- dures. It goes through committees. that we simply recognize that the dis- derstand its obligation, and the histori- Senators add amendments trying to in- aster bill is to respond to disasters, and cal approach of dealing with disaster fluence the behavior of Congress, try- that the way to provide hope and help bills, of not adding highly controver- ing to influence the behavior of Gov- to the victims of the disasters is to sial issues to a bill that deals with dis- ernment, trying to set policy. That is pass a bill without the major areas of asters? what happened in this bill. controversy that have now been sent to It seems to me that this should be a I might tell my colleague from North the President. time for cooler heads to prevail; a time Dakota I did not vote for the bill any- UNANIMOUS-CONSENT REQUEST for both sides to back away a bit and way. I think this bill was not just a dis- Madam President, for all these rea- decide to pass the disaster bill without aster bill. This bill grew, and it grew sons, I now send to the desk a clean these provisions. too much. The President submitted a supplemental appropriations bill for I have taken the time again today bill in, I think, early May, for approxi- myself, Mr. CONRAD, Mr. WELLSTONE, simply to attempt to describe what our mately $4 billion. This bill grew to over and Mr. JOHNSON. region of the country is faced with, to $9 billion. I voted against it. Madam President, I ask unanimous describe why we are upset and angry Now, the President vetoed the bill, consent that the Senate proceed to the about what has happened to this piece and he vetoed it supposedly because consideration of Calendar No. 18, H.R. of legislation. And I will no doubt be on Congress put in a provision that says 581; that all after the enacting clause the floor additional times today and if, for whatever reason, we do not get be stricken, and that the text of the during this week. an appropriation bill passed by the end clean supplemental appropriations bill I hope that in the coming couple of of September, we will continue operat- that I just sent to the desk be inserted hours Members of Congress will decide ing at this year’s level of funding. I in lieu thereof, that the bill be passed, this is not a strategy that does any- happen to think that is a perfectly re- and that the motion to reconsider be thing other than hurt victims of a dis- sponsible thing to do. The President laid on the table. aster. does not like it. Maybe some Demo- The PRESIDING OFFICER. Is there Does it help the political party? I crats do not like it, I guess because objection? don’t think so. I mean, I guess that is they want to spend a lot more money Mr. NICKLES. I object. why a political party would run ads than this year’s level. I think it was a The PRESIDING OFFICER. Objec- over this weekend in my State, because responsible thing to do so we would tion is heard. they think they are being helped by it. avoid a shutdown, so Government em- Mr. DORGAN. Madam President, let I don’t think anybody is being helped ployees, Government agencies, every- me describe what it is I was just pro- by it. I think the net result is that vic- one would know that if in the event we posing. The major items of controversy tims of a disaster get hurt. did not pass an appropriation bill, we that now exist in the legislation the I mean, if there are some who do not could continue operating at this year’s President vetoed are the so-called anti- care who gets hurt as you march to- level. I think that is proper. They did Government shutdown provision—the ward a political victory, that is one not. The President vetoed the bill. I so-called continuing resolution provi- thing. But I don’t think this is march- wish he had not vetoed it for that rea- sion—and the census issue. ing toward anything but chaos in any son. If I was President, I would have I know the President in his veto mes- event, and I think it is clear who is vetoed it because it spent too much sage was going to object to more than getting hurt. Victims of the disaster money. That is one of the reasons why those two. The bill that I sent to the are getting hurt. we have divisions of power. We happen desk and asked unanimous consent be I started today with a description of to be equal branches. We do not just considered was the conference report Ranee Steffan, who is living in a camp- write an appropriation bill just de- that was agreed to in both the House er trailer, has been for some while, per- signed by the President. If so, we would and the Senate, with the anti-Govern- haps will be for some while, with her not have a Congress. We would just let ment shutdown provision and the cen- kids. She does not want much. She, her the President write the bill. sus provision removed. family, and her children want a job be- But that is not the way the system The shutdown provision has substan- cause she doesn’t have a job, because works. We have equal branches of Gov- tial amounts of controversy attached most of the businesses in this area ernment. So the President can submit to it. I have no objection at all for that have been closed—wants a job and a his proposal, and then we will act on it. S5404 CONGRESSIONAL RECORD — SENATE June 9, 1997 He vetoed it, and we have a couple of And I, for one, have serious questions Government and we have a right to put options. We can vote to override the whether or not we should be funding on language that a majority of Sen- veto—in all likelihood, we do not have Bosnia assistance in this. How can the ators are supportive of. the votes to override the veto, and so Bosnia assistance be urgent? We have So I will work with my colleagues then we will work with colleagues to had the troops over there. We have from North Dakota. I see another col- see if we can come up with a proposal known about it. You cannot say that is league, Senator CONRAD, is here and that will pass and get his signature. not expected. We have known the wishes to speak on the issue, and I will And that is the proper way to do it. It troops are over there. I know that they not detain him. I know he has very is not the proper way to do it to try to are raiding operation and maintenance strong feelings, as Senator DORGAN pass it by unanimous consent, a bill de- accounts; they are drawing down those does, as well. And so I will work with signed by one Senator. I, for one, would funds. We have underfunded defense in my colleagues. Hopefully, we will be object because I think it spends too the past. But we have known we have able to come up with another bill, one much money not even related to the had a significant peacekeeping force in that will not cost taxpayers as much as two objections that my colleague from Bosnia and we do not fund it. And so the previous bill, and hopefully we will North Dakota had outlined. then we start saying, well, we need to be able to break the impasse and pro- Mr. DORGAN. Will the Senator from fund it all of a sudden because we did vide needed relief in a timely manner. Oklahoma yield just for a point? not put enough money in for defense I yield the floor. Mr. NICKLES. I will be happy to last time. Mr. CONRAD addressed the Chair. yield at this point. We have known those troops are over The PRESIDING OFFICER. The Sen- Mr. DORGAN. I appreciate the Sen- there and should be funded. But the ator from North Dakota is recognized. ator’s statement. The bill that I asked costs have risen significantly. We Mr. CONRAD. Madam President, I unanimous consent to have considered should get control of those costs. I ask unanimous consent for 15 minutes. was not a bill written by me. It was the have some reservations about whether Mr. NICKLES. Madam President, re- exact conference report just reported or not we should have had those troops serving the right to object, what was out by Congress, minus the two conten- in the international peacekeeping force the request? tious provisions. So I do not want peo- in the first place. The President puts Mr. CONRAD. I was asking for 15 ple to think it was a bill written by them over there, underfunds them and minutes. me. It was exactly what the conference asks us to bail him out with an urgent The PRESIDING OFFICER. There is did, leaving out the two very con- supplemental. I have some reservations an order already standing for Senator troversial provisions. about it. COVERDELL to be recognized at 4 Mr. NICKLES. Madam President, I Mr. President, there is only two is- o’clock. understand my colleague did not like sues of dispute. One is on the census Mr. CONRAD. All right, then I will two provisions. Maybe the President language, one is on whether or not we withdraw my request. did not like two provisions. It may well would have a continuing resolution to f be the President will look at the rest of keep the Government open should we the bill and he will not like other pro- reach an impasse on appropriations. DISASTER RELIEF visions. My point being, we have two Just a couple of final comments. We Mr. CONRAD. Madam President, the branches of Government, both equal, have reached an impasse in appropria- President of the United States has now and the President can make a request tions the last 2 years, in 1995 and in vetoed the disaster relief bill. He has and Congress disposes of it and he has 1996, prior to the last election. The way done so because there were unrelated the right to veto it. Evidently he has that was solved in 1996, prior to the provisions put in that legislation. done that. I understand the majority election, was the President basically Madam President, the time for politi- leader of the Senate is trying to get in said I am going to shut Government cal games is over. This is a headline contact with him today and maybe down unless you give me a lot more from the largest newspaper in our some discussions will ensue. money. Unfortunately, in my opinion, State over the weekend. The headline I also just happened to be looking at we succumbed to that temptation; we is: ‘‘You Are Playing with Our Lives.’’ this report. The initial request was $4.5 gave the President about $8.5 billion so The woman quoted is a Renee Steffan. billion in discretionary outlays. The we could get out of town. I hope we do The article said, ‘‘She has strong words committee report, the committee re- not repeat that failure. for Members of Congress who think port as it came out of the Senate was Who was the real loser in that? flood victims can wait while bickering $7.6 billion, so, in other words, $3 bil- Maybe Congressmen and Senators continues in Washington over a disas- lion more than originally requested. weren’t, but I think the taxpayers lost. ter relief bill.’’ The conference report, after it went to We wrote big checks. Discretionary She goes on to say, ‘‘You are playing conference, was $8.6 billion. And if you spending really went up. It went up in with our lives.’’ add budget authority with the manda- some cases, Madam President, even tory it was over $9.5 billion. more than the President requested so She issued that warning from the swelter- So this, like a lot of urgent ing travel trailer that she and her family we could get out of town. I hope we do now call home. She says, ‘‘This isn’t some supplementals, grew, and many times not replay that. game. You should come here and walk in my they grow at the request of the admin- So the essence of this continuing res- shoes for a day.’’ Homeless for a month, out istration. They did not make it in their olution was, if for whatever reason we of work, and bounced from one temporary initial request, but they asked for more have an impasse, let us at least con- shelter to another, the wife of two is fed up money, and somebody else said, well, I tinue operations at this year’s level so with lawmakers who think Grand Forks resi- think we should fund this and everyone we will avoid that disaster, so we will dents are getting along just fine. was in agreement, both Democrats and not have the curtailment, so we will Madam President, Grand Forks resi- Republicans, so we go ahead and fund not have the shutdown, and I still dents are not getting along just fine. it. What we wind up doing is we fund think it is good policy. I regret the Not only are Grand Forks residents not things in an urgent supplemental that, President vetoing it for that reason. I getting along just fine, nor are the frankly, should be funded in the nor- think that was a mistake. He has that residents of East Grand Forks. In these mal appropriations process. We should right to do it. two communities, 50,000 in Grand be in the process of passing normal ap- I think it is important we follow con- Forks, 9,000 in East Grand Forks, near- propriations bills now for next year so stitutional procedures and keep in ly every single soul was evacuated 6 they do not have to be in the supple- mind constitutional prerogatives. The weeks ago. Thousands of them are still mental; we do not have to prefund President is President. He does not homeless. Their homes are destroyed. them. We should fund it through the have the right to dictate every detail Their jobs are destroyed. And their process. And I, for one, since evidently in an appropriation bill. He can veto lives are on hold waiting for us to act. the President’s vetoed this bill, hope every appropriation bill he does not The President vetoed this bill. He we come in with a very streamlined, like. I want to preserve that right. But said clearly these unrelated provisions strictly urgent supplemental bill. likewise, we are an equal branch of ought not to be in a disaster relief bill. June 9, 1997 CONGRESSIONAL RECORD — SENATE S5405 That is the plea and the request of the I thank the Chair and yield the floor. just a disaster relief bill for those people from Grand Forks and East Mr. COVERDELL addressed the areas. It is also a $1.9 billion expendi- Grand Forks. Send a clean bill to the Chair. ture for overseas peacekeeping, to re- President, one he can sign so that the The PRESIDING OFFICER (Mr. AL- plenish the funds that have gone into relief can start to flow. LARD). The Senator from Georgia is the protection of Bosnia. There is $928 Now, the Washington Post this morn- recognized. million for veterans compensation and ing, in the Novak column, he reported, Mr. COVERDELL. Parliamentary in- pensions, $29.9 million for plane crash and I quote: quiry. It is my understanding that the investigations, $6.4 million to the FBI At a contentious meeting of Republican hour from 4 to 5 has been designated to reimburse New York State and local leaders after adjournment Thursday, Lott under my control, or any person that I jurisdictions for assisting in the inves- argued that this time, unlike 2 years ago, shall delegate time to? tigation of Flight 800, $197 million for the GOP would win ‘the PR battle.’ He The PRESIDING OFFICER. The Sen- the National Park Service, $103 million claimed Americans did not care much about ator is correct. for the Fish and Wildlife Service, $67 the supplemental appropriations bill provid- Mr. COVERDELL. Mr. President, in million for the Forest Service, $20 mil- ing help for victims of Red River flooding in light of the presentation we have just the Dakotas and Minnesota. heard and the recent veto of the emer- lion for the Bureau of Indian Affairs, I do not know if that is really the po- gency aid by the President, I am going $585 million for the Army Corps of En- sition of the majority leader. I hope it to yield 10 minutes of my time to the gineers, $510 million for the U.S. mis- is not. But if it is, let me just say that distinguished Senator from Texas, and sion in Southwest Asia, $58 million for he is wrong. People do care. The out- then I will return to the original con- the Women, Infants, and Children Pro- pouring from across the United States tent of the purpose of the hour from 4 gram. Mr. President, it goes on. has been unprecedented. to 5 after she has responded. This is a supplemental appropria- People of the United States care a lot I yield 10 minutes to the distin- tions bill. These are funds that are to about helping people hit by a disaster. guished Senator from Texas. replenish funds that have already been They have proven it time after time The PRESIDING OFFICER. The Sen- spent. In addition to that, we are set- after time. The fact is, if the majority ator from Texas is recognized for 10 ting the process by which we do appro- leader really believes that the Amer- minutes. priations this year. That is why we ican people do not care, he is wrong. f have the Government Shutdown Pre- The American people are better than vention Act. That is why we are saying that. THE SUPPLEMENTAL if we do not come to agreement on Oc- And for those who do not think it APPROPRIATIONS BILL tober 1 for all of the appropriations makes any difference, let me just quote Mrs. HUTCHISON. Thank you, Mr. bills, that Government will continue to from the Republican Governor from President. I thank the distinguished function, that people will not have to South Dakota. The Republican Gov- Senator from Georgia, because I do worry about their paychecks, that vet- ernor says, ‘‘If you’ve got a disaster want to respond and make sure that erans will not have to worry about bill, you ought to deal with the disas- everyone is singing from the same their pensions, that people going on va- ter.’’ page. cation will not have to worry about it. For those who say that delay does not mat- I appreciate very much what the dis- We are saying right now, here is how ter, Janklow— tinguished Senators from North Da- we are going to proceed. Again, the Republican Governor of kota are feeling right now, and what I think it has been portrayed that South Dakota— they must feel every time they go Congress is playing games. Congress said the delay in the legislation is blocking home. I, too, have visited disaster has passed a bill. It is not absolving the reconstruction of sewage facilities, highways areas in my home State in the last President of all responsibility to veto and a State-owned rail line in South Dakota. week, and it is a devastating situation. anything he wants to veto, and then It is not just the Republican Gov- Mr. President, I want to make it say, well, I didn’t like it and it’s your ernor of South Dakota who under- clear that all of us are going to make responsibility. stands that delay matters, but there is sure that the victims of disasters in all He has a responsibility. The Presi- a Republican Congressman from Min- the 35 States that are covered will have dent can sign this bill. I would like for nesota, JIM RAMSTAD, a former North all of the help they need, and they will the President to explain why he wants Dakotan, by the way, a member of the have it in the absolute minimum time the ability to shut down Government. I Ways and Means Committee, who said it takes to get that to them. In fact, would like the President to explain over the weekend: ‘‘Those who argue the disaster victims in North Dakota what is unreasonable about providing that there is money in the pipeline are and Minnesota and South Dakota are for the ongoing Government expendi- being disingenuous at best.’’ getting help right now. They are get- tures at today’s levels while Congress This is a Republican Congressman ting the SBA loans, they are getting and the President might continue to from Minnesota. He said, ‘‘There’s no the agriculture help, they are getting negotiate on an appropriations bill money for housing, no money for live- the assistance that they need, and it is that has not been passed by September stock, no money for sewage systems, there now, and we have $2 billion in the 30. no money for water supply, no money pipeline waiting to come in to them, Mr. COVERDELL addressed the for housing buyouts. There is no money not waiting for us to act. That is in the Chair. in the pipeline for those things. They pipeline now. So the money is there, The PRESIDING OFFICER. The Sen- can’t really rebuild without the funds make no mistake about it. ator from Georgia. that are tied up in the disaster relief But it is very important that every- Mr. COVERDELL. Will the Senator bill.’’ one know that this is a supplemental yield for just a moment? And he concluded by saying, ‘‘Let’s appropriations bill. It is the first ap- Mrs. HUTCHISON. I will be happy to end the Washington games.’’ propriations bill that has gone through yield. Madam President, the people of this year. There are many items that Mr. COVERDELL. Is it not the Sen- North Dakota and Minnesota and must be covered. We are covering the ator’s understanding that the emer- South Dakota and the 30 other States replenishment of FEMA funds, the Fed- gency appropriations Congress passed that are affected by this disaster make eral Emergency Management Agency and sent to the President last week one request. Send a disaster relief bill funds, because they are being depleted was voted for by the Senate majority that is clean, that does not have these right now as we speak, going to the leader? unrelated provisions, send it quickly so victims of North Dakota, South Da- Mrs. HUTCHISON. I think that is the relief can begin to flow. The people kota, Minnesota, California and other correct, Mr. President. in our areas need it. As that woman States. We are giving that money to Mr. COVERDELL. It was voted for by said from a sweltering trailer, the time them, and we are going to replenish it the Senate minority leader? for these political games is over. Peo- with this supplemental bill. Mrs. HUTCHISON. Absolutely. ple have been hurt and they need help. But there are many other things cov- Mr. COVERDELL. Voted for by a ma- Now is the time to respond. ered in this bill. It is not as if this is jority of the Republican Senators? S5406 CONGRESSIONAL RECORD — SENATE June 9, 1997 Mrs. HUTCHISON. In fact, the major- The PRESIDING OFFICER. The time Clinton’s own Labor Department has ity of the Republican Senators and of the Senator has expired. reported that help in balancing the two-thirds of the whole U.S. Senate. Mrs. HUTCHISON. Mr. President, I needs of work and family is the No. 1 Mr. COVERDELL. And a majority of think the responsibility lies in the need among working American women. the other side of the aisle? White House. The Congress has done its You would think, given what we have Mrs. HUTCHISON. That is correct. job. I would appreciate the President seen and the stress that is being Mr. COVERDELL. My point is, how stepping up to the line and saying what pounded upon the average American much more bipartisan? We don’t see is so bad about having a process which family, we would be stepping forward that happening here very often. So the everyone knows, right now, and can with legislation such as S. 4, and try- emergency relief and all of its provi- plan for, an orderly, responsible trans- ing to create a system in the workplace sions, the guarantee you talk about to fer between fiscal years. I would just that allows these working families to keep the Government from shutting like the President to step up and say meet their special needs and to adjust down, was voted for by the leadership, what’s wrong with that. We ask him to the time they need to juggle between Republican, Democrat, by the majority do that today. family and the workplace. of both sides of the aisle, and the Presi- We want him to provide the relief he Mr. President, I see we have been dent says the Congress is playing has asked for. And, Mr. President, Con- joined by the distinguished Senator games with emergency relief? It seems gress has done its job. from Wyoming, who has been an advo- a little incongruous to me. The PRESIDING OFFICER. The Sen- cate of the Family Friendly Workplace Mrs. HUTCHISON. I can certainly ator from Georgia. understand why the Senator from Act. I yield up to 10 minutes to the Mr. COVERDELL. Mr. President, I Georgia would be a little confused, Senator from Wyoming, to share his thank the Senator from Texas. I think when Republicans produced a bill that thoughts on this legislation with us. she is absolutely on point. Getting the Mr. THOMAS addressed the Chair. gave the President everything he asked emergency relief where it needs to go, The PRESIDING OFFICER. The Sen- for the Federal Emergency Manage- protecting its ability to do its work, is ator from Wyoming. ment Agency, for Bosnia, and for all in the President’s hands now because Mr. THOMAS. Thank you very much, these other programs that are being re- Congress—particularly here in the Sen- Mr. President. I thank my colleague plenished for the administration. I can ate, but the House as well—has sent a for arranging this special order. understand why he would be confused broadly based, broadly agreed-to docu- It seems to me that this is something that the President would veto the bill that is very important. I have watched and accuse Republicans of playing po- ment to the President. So, if it doesn’t move on to the people who need it, the this discussion with great interest, litical games. That is confusing. having had some experience in small In fact, I have to say I think the President will have to accept that re- business, and, I must confess, I have President needs to step up to the line sponsibility. been very surprised by it. It seems to and say what is unreasonable about f me that over the years, particularly providing for the orderly process of THE FAMILY FRIENDLY the last 21⁄2 years, we have spent in this Government, the orderly appropria- WORKPLACE ACT tions process, telling people what to body a great deal of time talking about Mr. COVERDELL. Mr. President, for expect if there is not an agreement on making things more family friendly. September 30 between the President the next 15 minutes or so, since we are We have talked about how we could and Congress. There are no hammers, talking about vetoes, I would like to provide more time for families to share there is no fear on the part of Govern- talk about the Family Friendly Work- in the schooling of their youngsters, to ment employees or veterans or people place Act, S. 4. This is a piece of legis- share in their communities, to share in who are counting on paychecks coming lation that has been authored by the the things that make communities on time. What is wrong with providing good Senator from Missouri, Senator strong, and to work that in to our pro- for that? We are not cutting back on ASHCROFT, myself, and others. It is de- fessional lives. what people are getting now. We are signed to make the workplace a friend- Then comes a proposal to do that just saying, let’s provide a level play- lier place, a more flexible place. Lo and which allows for flextime, which allows ing field here. Let’s negotiate in good behold, in the middle of the debate, the for comptime, and we find suddenly a faith. And if the President does not President has announced to the coun- great deal of opposition. That is a puz- want to do that, if the President wants try he would have to veto this bill, zle to me. As I mentioned, I have been to shut down Government or wants to which is as puzzling as his veto of this in a small business where you don’t have a hammer over Congress’ head, emergency relief. He has said he would have many employees, and I recognize wants to have some artificial shutdown have to veto the act. We have had a fil- from the employer side that there has of Government at his disposal, I would ibuster underway on this Family to be some communication, because like for the President to explain to the Friendly Workplace Act. We have tried you may not be able to spare someone American people why. Why? Because if to break the filibuster twice and have for a certain length of time. On the we do not pass this now, then people failed to do so because of the support- other side, I think it is equally or per- will not know what to expect. Govern- ers of the President on the other side of haps even more important that the em- ment employees will not know what to the aisle. ployee is not forced by the employer to expect, veterans will not know what to If you want to know what the Amer- take the time differently than they expect. We may not pass an appropria- ican public thinks about this kind of would like to. But it is my understand- tions bill on which this could be put, as legislation, you just need to go talk to ing and my belief that in this bill those a matter of process, for months to them. In a survey for Money magazine things are protected, that it is a coop- come. in May of this year, 64 percent of the erative agreement between the em- I think this is the responsible ap- public and 68 percent of women would ployer and the employee, to come to proach to take so everyone under- prefer time off to overtime pay if they these conclusions. stands. If the President disagrees, tell had the choice, which they do not. The So I was very disappointed. Even us why. Tell us why you want to shut Federal workers, since 1978, have had though I haven’t spoken a great deal down Government, Mr. President, or this choice, but not these hourly labor- on it, I was very disappointed last week you want people to be in fear of shut- ers. If they had the choice, they would when we didn’t get enough votes to ting down Government, or you want a prefer time off to overtime pay. That is vote cloture. There certainly are hammer over Congress’ head in order what the Family Friendly Workplace enough votes to pass the bill. I am dis- to have some sort of advantage. I Act is about. It is about giving employ- appointed that the White House has ap- mean, what is it? What is it that would ees and their employers the vol- parently indicated the President will cause you to veto a bill that you say is untary—underscore voluntary—option not sign the bill, largely as a result of so important to you, for disaster relief to design programs to meet this desire. the labor unions to which the White and other supplemental appropriations, A Penn & Schoen survey found that House is so sensitive. This Family when, in fact, all you have to do is sign 75 percent support the choice of time Friendly Workplace Act would help the bill? off in lieu of overtime pay. President working Americans do the things—the June 9, 1997 CONGRESSIONAL RECORD — SENATE S5407 very things—that the President has fully, get the bill passed. It meets the contributed substantially to the dis- been talking about and made an issue realities of the modern-day workplace, cussion. of in the last election and since. And it meets the needs of modern-day fami- Mr. President, in my opening re- then we find there is opposition to it. lies, and is something that I think is marks, I spoke of the percentage of Most Americans, I believe—the very favored among people in this working women who would prefer time Americans that I have talked to—do, in country. off to overtime pay if they had a fact, want flexibility in the workplace, It is a little frustrating sometimes to choice, which they don’t. That is what would like to have the opportunity to find this kind of dilemma that we are we are trying to create here. be able to make some adjustments. We caught up in this week, quite frankly, I read this very interesting article have a business in our town of Chey- a situation where if a bill doesn’t suit from the Radcliffe Public Policy Insti- enne. It is called Unicover. They are the President, it has to bring us to a tute, ‘‘Work and Family Integration.’’ the ones who put out first-day stamps, standstill. After all, the President is It is very interesting. It says: first-day covers. The owner testified not a king; the President doesn’t run Economic changes have direct con- before the Senate Labor Committee a the country. He has to give as well as sequences on work and family life. few months ago. His employees came to the Congress. That is what this is That says it all. I have been arguing him and asked for comptime/flextime about. Here we find another that is for the better part of 2 years now that so there could be some arrangements. very similar. when we talk about American culture He wants to offer that to his employees I hope that we find some areas of and what is happening in the American but cannot, of course, until S. 4 is agreement that will allow us to put family, we tend to point fingers to who passed. I suppose this has been said—in into place S. 4 and protect the rights of is causing the trouble, and Hollywood fact, when you are discussing an issue workers, protect the opportunity for gets a pretty good dose of it. But I like this, everything has been said options, protect the opportunity for don’t think Hollywood holds a candle —but the May 1997 survey from Money families to have a friendly workplace. I to Uncle Sam. Uncle Sam has put so magazine found 68 percent of working hope we do it very soon. much economic pressure on the work- women would prefer comptime to over- Mr. President, I thank my friend for ing families that it has dramatically time pay. The Labor Department has this time and for his work and that of changed the nature of the way these indicated that it would help in bal- the Senator from Missouri on this bill. families function. ancing work and attention to the fam- It has been exemplary. Thank you very It goes on to say: ily, which is the No. 1 issue for working much. I yield the floor. It is increasingly common for all adult American women. Mr. COVERDELL. I wonder if the family members to spend a greater number So I am truly puzzled by the opposi- Senator will yield for a moment. of hours at work in order to make up for de- tion to it, and I can only imagine that Mr. THOMAS. Sure. clining median family incomes to fulfill per- it is simply a political opposition Mr. COVERDELL. It is sort of ironic sonal career goals or to cater to growing brought on by the opposition of the that this Monday afternoon we are workplace demands. labor unions to it, which surprises me beset with Presidential vetoes or Again, I would argue, that while the as well, because certainly union leaders threats to veto. He has indicated that median family income has declined, and union members want to do some- he will veto the Family Friendly Work- the biggest culprit in absorbing those thing with their families as well. place Act if it includes flextime, which median income salaries is the Govern- Americans need the flexibility in the is what I think most of us feel is ment. In fact, by our analysis in Geor- workplace if we are to accomplish the among the more important features, to gia, an average family today forfeits 55 things that we want to, if we are to ac- allow working families to adjust their percent of their income after they pay commodate the fact that more and time. direct taxes, almost 40 percent, cost of more women, more and more mothers The Senator from Wyoming has Government regulations, $7,000 per are in the workplace and, therefore, talked about compromise, but I just family, and their share of higher inter- since both family members often are want to reiterate and try to get your est payments because of the national working that there does need to be impression. Don’t you find it unusual debt that has been put on their backs. flexibility. that the only thing we have been met That pressure needs relief in many Our current laws go back to 1938. with here is a filibuster, and that if ways. No. 1, which we are talking about Most jobs were in manufacturing; very you are really interested in creating a here, we need to lower the economic strict. One-payroll families were the family workplace work environment, pressure, we need to lower the taxes on norm. That has obviously changed to wouldn’t you think we would be get- those average families; No. 2, there where now two-payroll families are, in- ting suggested new language or some- should be no impediment in the work- deed, the norm. In 1938, 16 percent of thing that might compromise, instead place that blocks working families and the women with children worked out- of sort of a straight-arm and voting the companies for whom they work side the home; in 1997, more than 70 down attempts to end the filibuster? from finding ways to suit and balance percent work outside the home. Mr. THOMAS. I say to the Senator, I the needs of these work careers and the This Family Friendly Workplace Act think that is curious. If you have an needs at home. creates new choices for employees and issue where you are on different sides This article says: employers. By mutual agreement, they of the issue and opposed to one an- Married women with children have entered can agree to substitute some alter- other, then you get this kind of thing. the labor force in record numbers. They, natives for overtime, some alternatives But here is one where, if you went therefore, have less time for caregiving in to the 40-hour operation. They can around and talked about opportunities the home. take time off to do the things that to have some choices in the workplace, They have less time. We have seen they need to do or bank some hours if you talked about a way to allow peo- the SAT scores aren’t as good, teenage with comptime. Federal workers, I un- ple to have some flextime with their violence is worse, teenage suicide has derstand, have enjoyed this flexibility families, everybody would agree, no- quadrupled, and you have to say to scheduling now for nearly 20 years, and body would disagree with that. yourself, ‘‘Well, if there is not as much they can do that. Why not the rest of So it is strange that having that as opportunity or attention to govern the the working community? S. 4 protects the premise, having that as the basis home, you are going to have problems workers’ rights, and that is important, that we find instead of searching for a like this that will begin to emerge.’’ very important. Penalties for direct or way to make it work, as you say, it be- Many parents, both mothers and fathers, indirect employer coercion are doubled comes an absolute stoppage of any- feel conflicted and torn between spending from current law. Accumulated thing happening. It is curious, and I am time with their families and meeting work- comptime may be paid in cash by surprised. I guess that is why I am here place demands. year’s end. expressing some surprise in the way This is the point I was making a mo- So, Mr. President, I hope that we in- this has turned. ment ago: A massive amount of pres- tend to continue to push, continue to Mr. COVERDELL. I thank the Sen- sure in both places and we are operat- address S. 4 in this Congress and, hope- ator from Wyoming. As usual, he has ing under a workplace that is governed S5408 CONGRESSIONAL RECORD — SENATE June 9, 1997 by laws that are a half a century old, mittee and a Senator most knowledge- this, is good because it is voluntary or almost 60 years old. You think back 60 able and concerned about a friendly optional. It encourages employers and years to 1930, the 1930 workplace. First workplace. employees to work together to arrange of all, it was mostly rural. Now it is I yield up to 10 minutes if that is suf- schedules which fit the individual only 2 percent that is rural. Just re- ficient, to the Senator from New Mex- needs of employees and yet provide the flect for a minute on the kinds of mas- ico. management with enough opportuni- sive change that have occurred be- Mr. DOMENICI. I thank you for those ties to get the work done that they tween 1930 and 1997 and you can under- kind words, and, yes, that is sufficient. need done. Nothing in this bill requires stand that the governance in the work- First of all, I am very proud to be a employees to adjust their work sched- place probably, like everything else, cosponsor of the Family Friendly ules if they do not want to. requires some modernization. Workplace Act. The way I see it, this Mr. COVERDELL. Will the Senator It says work and family life should bill is long overdue for American work- yield? not be in opposition but should enrich ers in the private sector. Federal em- Mr. DOMENICI. I am happy to yield each other. Work and family life ployees have had flextime and to the Senator. should not be in opposition but should comptime for nearly 20 years and it is Mr. COVERDELL. You are right now enrich each other. That is what this about time the millions of American on the core dispute. You have argued legislation is trying to do. It is trying men and women who do not work for for the need in the new modern work- to allow the workplace to adjust to the the Government receive the same bene- place for the flexible time and what it different needs that the different work- fits. does to morale and conflicting sched- I vigorously support this bill for the ers have with regard to maintaining ules, and you said you would not be for following three reasons. One, it is fair. and governing their families. this if it was not voluntary. Federal employees currently have Here is a quote: Mr. DOMENICI. That is correct. comptime and flextime. It is vol- It’s like you are caught between a rock and Mr. COVERDELL. That would be the untary. And it protects employees. same for me. a hard place because if you want to have a Times have changed since we adopted family, you want to have a couple of chil- As you know, if I could comment dren, you can’t do that unless you have lots the rigid 40-hour work week. Under about it, not only is it voluntary, but of money to support them. Well, you can, but current law, you cannot arrange a the legislation has strict procedures to you’d have to be able to take care of them, schedule to work 44 hours one week guarantee that it is voluntary, and and save those 4 hours to take time off at least provide the basics, and in order to do there would be ramifications of severe that you either have to have your husband in the next week to be with your chil- proportions if an employer were to do gone all the time working so hard or work- dren or to do something very impor- anything other than make it vol- ing toward getting his degree or else both of tant to help your sick mother or your untary. you have to be working, but the more you’re grandmother. Current law says you Mr. DOMENICI. No question. In fact, working, the less time you have with your cannot do that even if you want to and kids, so it’s like you can’t win. I was going to get to that in a moment. That is from a young woman in her your boss agree. It is so voluntary that employees Federal employees have had flextime twenties in Salt Lake City. under this law can withdraw from a for many, many years. What we have comptime and flextime arrangement at But the more you’re working, the less time now found out is that Federal employ- you have with your kids, so it’s like you any time. Employees can cash out ac- ees who have been participating in can’t win. crued hours of comptime and flextime You know, we wonder why, even with flextime are highly satisfied. That should not surprise anyone. It is a very at any time. These provisions are going the economy doing reasonably well, to be enforced just as rigidly as the why you get so much anxiety coming rational and reasonable thing. Eight out of ten workers support con- current provisions of the Fair Labor out of the workplace. Well, that is it, tinuation of the program; 72 percent Standards Act. right there, ‘‘But the more you’re say they have more flexibility to spend This bill protects employees from working, the less time you have with more time with their families and on employer misconduct because it con- your kids, so it’s like you can’t win. personal needs; 74 percent said the tains anti-coercion provisions. I would So here comes S. 4 and it says you flexible schedule has improved their not support it if it did not have this and your employer voluntarily can morale and made them feel better protection because this is what assures make decisions and create options about their work and about their em- that it would really be voluntary. about what happens in the workplace ployers. If comptime flextime is good There are always people who would so that hopefully it can help make it enough for Federal employees, then like to deny employees certain rights possible for you both to be working and why not for the 80 million people that and some employees would like to not still win. I am absolutely baffled by the work in the private sector of America? work as hard as they should for their threat from the other end of Penn- For example, FBI employees have employers. We cannot correct all of sylvania Avenue, ‘‘I would have to veto comptime and flextime. Isn’t what is that. this if flextime is left in the legisla- good enough for them also good enough But obviously this law says that an tion.’’ That sure does not square with for restaurant workers, hospital em- employer cannot claim inconvenience anything we are seeing or reading. ployees, hotel chain workers, tele- as a reason for not allowing an em- I was looking at the average hours communication employees, and, yes, ployee to take comptime. Once the em- per week parents devote to undivided firemen, policemen, and others who ployer and employee have agreed to a child care—in other words, full blown. might be burdened by the 40-hour-a- schedule, the employer cannot then If the woman is employed, it is 6.6 week rigid nonflexible time? change his mind and say it would be in- hours per week. If she is unemployed, Federal workers can currently use convenient to do it that way. it is just under double, 12.9 hours a their flextime schedules to attend such As an example, an employer cannot week, of undivided attention. It dou- things as a school play, baseball games, force an employee to accept time off bles. PTA meetings, dance recitals, Boy rather than monetary overtime pay by Now, you cannot unemploy these Scout or Girl Scout meetings and ac- promising to promote an employee. people to get this added time. That will tivities, doctors visits, school field This is investigated in the same way not work, given what has been happen- trips, and dental appointments for chil- that the Fair Labor Standards Act ing here in Washington for the last 30 dren. As a matter of fact, I say to my rules and regulations of today are han- years and given the economic pressure good friend, Senator COVERDELL, we dled on behalf of the American work- on them, but you can begin to modify got those examples from people who ingman and in fairness to the manage- the rules in the workplace so that said this is exactly what they would ment and ownership. there is an offset, an opportunity to ad- like to do and we got it from Federal Now I do not understand why the just. employees who say this is exactly what Democrats and labor unions are stand- Mr. President, we have just been they are doing. ing in the way of bringing choice and joined by the senior Senator from New This bill, as I understand it, and I flexibility to the American workplace. Mexico, chairman of the Budget Com- would not be supporting it without If Democrats really cared about the June 9, 1997 CONGRESSIONAL RECORD — SENATE S5409 best interests of American workers ily time off to take care of things other Mr. COVERDELL. As the Senator they would stop misleading the people than work. knows, there is nothing about this leg- about this bill and pass it. I believe the other side of the aisle islation that represents, in any way, a The Baucus-Kennedy substitute needs to listen to what the American detriment to the worker, as in a pay amendment does not help the Amer- worker wants: flexibility. Ninety-one cut or any other function of their ican worker because it only provides percent of working mothers support work. The only thing that happens comptime and does not contain the flexible work schedules. with the passage of this is that workers flextime biweekly work schedule of Now, frankly, there are many other have more options and opportunities, flexible credit hours. Flextime is very reasons we could discuss here on the and under no condition would it lead to important. It is important to everyone floor. Until the public gets excited and a pay cut—none. in the workplace but most important worked up, and until women start writ- Mr. ASHCROFT. I wonder if the Sen- to women and non-overtime workers. ing the labor unions and asking them: ator from Georgia had the opportunity The combination, Mr. President, of What are you doing to us? Why don’t to see the USA Today lead editorial, comptime and flextime will benefit 67 you keep yourselves out of this issue? which says, ‘‘Harried Workers Need percent of all working women in the and, Why are you against this? things Comp Time’s Flexibility.’’ I was kind private sector. Whereas comptime, by won’t change. Until there is enough fo- of interested in the way they closed the itself, will only benefit 4.5 percent of ment in society for more flexibility in editorial: the workplace, then reform will not all working women in the private sec- A choice between time off and overtime is tor. occur. an option that can benefit employees and The Baucus-Kennedy bill wipes out Mr. COVERDELL. Mr. President, I employers alike. thank the Senator from New Mexico flextime. Now, what could be more un- Their last words: fair than to penalize all but 4.5 percent for a really precise and very focused presentation on the nature of the vol- Those who stand in the way deserve a per- of the working women in America by manent vacation. restructuring a bill so narrowly that unteer provisions of this legislation and the safeguards that are built into I recommend this editorial to the only 4.5 percent are benefited? Under Senator. the broader bill with both flextime and the legislation to assure that it is in- deed a voluntary opportunity for work- Mr. COVERDELL. I have not had a comptime, 67 percent of those same chance to read the editorial. But I say working women would have an option ers and their employers. Just a moment ago, before the Sen- to the Senator from Missouri that in to better their work schedule to help ator from New Mexico arrived, I read many discussions with individuals with them with their daily lives and with this quote from Radcliffe Public Policy whom I have not necessarily been their families. Institute, where this woman in her philosophically together in the past, The Baucus-Kennedy substitute twenties says, ‘‘But the more you are they think your legislation is correct— amendment limits accrued comptime working, the less time you have with people of all persuasions. It is the kind to 80 hours a year, versus this bill’s 240 your kids, so it’s like you can’t win.’’ of thing we ought to get into the work- hours. Doing the math, one can say He makes a point that we are going to place. If the Senator will yield, you and that the Republican bill is three times need a public furor out there because I are, at the moment, functioning on as flexible for the American working this is good, common sense. We are try- the time that the good Senator from people than the substitute being of- ing to make it so that this 20-year-old Ohio has come to use. So if we might, fered. woman, whoever she is, can be in the I would like to yield up to 7 minutes to The Democrats, and for some reason workplace and can win, and can meet the Senator from Ohio, and then we the labor unions, falsely claim that the needs and issues of her family. This might ask unanimous consent to get this bill will end the 40-hour workweek. article goes on to say that XYZ com- another minute or two. This bill will allow employees who pany—they don’t name the company— Mr. ASHCROFT. I will be pleased to want a variation of the 40-hour week to is trying to figure out how to deal with yield. I ask unanimous consent that have one—voluntarily and with no co- this fact. You have this 30-year-old the USA Today editorial entitled ‘‘Har- ercion. For those workers who want to with two kids at home, who is not ried Workers Need Comp Time’s Flexi- keep the standard schedule, they can. going to give you 16 hours a day, as bility’’ be printed in the RECORD. It is their option and their employers they did when they were in their There being no objection, the article option. They do not have to change one twenties. Yet, we still want to be glob- was ordered to be printed in the bit. If they like the rigidity of 8-to-5 ally competitive. I actually don’t think RECORD, as follows: work with an hour off for lunch, then we have a good answer. These people, so be it. HARRIED WORKERS NEED COMPTIME’S the ones who have opted to have kids FLEXIBILITY The PRESIDING OFFICER. The time and work less, are getting hurt in their Our View: But unions are blocking flexible work of the Senator has expired. reviews. Mr. COVERDELL. I yield 2 additional rules favored by employees and employers See, the current work rules just don’t alike minutes to the Senator. meet the current requirements, and For those who want to keep the What works better for you? Pay for over- you can’t make it so that one shoe fits time or compensatory time off instead? standard 40-hour workweek from the everybody. It just doesn’t. There are Three quarters of workers say they want a Depression, they can keep it that way. different pressures on the working choice. And they should have it. For those of us who are yearning to mothers and fathers. That is why I With workers spending an hour more on make the workplace more hospitable have been so complimentary of the the job each week than they did 15 years ago to our working people, for those of us Senator from Missouri for coming for- and 60% of women working, many workers who are concerned about family life ward with the family friendly work- are stretched to their limits in meeting fam- ily needs. A survey by the independent Fami- and would like to have workers have a place. little more family time, we urge the lies and Work Institute found 40% of workers Mr. ASHCROFT. Will the Senator saying they don’t have enough time for fam- labor unions to change sides on this. yield? ily chores; another third lack time for per- I saw a couple of my friends from the Mr. COVERDELL. I am glad to yield sonal needs. labor unions outside in the hall and my to the Senator. The problem has some businesses scram- first remark to them when I walked Mr. ASHCROFT. I asked the Senator bling for answers. Seven in 10 offer workers out was, ‘‘Why are you against the to yield for a question, which is, some flexible starting and ending hours. Many working women?’’ Of course, we had a who are opposed to this have indicated have added a personal day off. Some are ex- lot of fun after that. But actually that that this is a pay cut. Is it your under- perimenting with ‘‘free days’’ that combine is the issue. standing that when a person takes vacation, holiday and sick leave. This bill will help women more than time and a half off with pay later in- And many say they would like to offer time off for overtime. But they can’t, at anything else, to provide them with stead of overtime pay, that that rep- least not to the 60 million full-time hourly flexibility and no loss of pay. This resents a pay cut? Or is that a way to employees who make up the bulk of the pri- flexibility can be used to make their have some time off the next week with- vate workforce. lives better in the event they need fam- out taking a pay cut? Federal law bars the practice. S5410 CONGRESSIONAL RECORD — SENATE June 9, 1997 The Fair Labor Standards Act mandates percent of working women with chil- However, Clayton’s wife Ann is a private hourly workers be paid 1.5 times dren reported that their primary con- sales assistant for a Cleveland area their hourly wage for each hour over 40 cern was the difficulty that they were business form company. That means worked in any seven-day period. No time off having in balancing work and family. she can’t take time off to be with instead, even if the employee wants it. It’s a ridiculous situation, made more ludi- According to another recent poll con- Domenic in lieu of overtime pay. The crous by fumbling over the issue in Congress. ducted, 88 percent of all workers want Federal Government today prohibits Both parties claim they want comptime, but more flexibility, either through sched- her from doing that. Ann has said, labor union resistance is causing the Demo- uling flexibility or choice of compen- ‘‘He’’—referring to husband Clayton— crats to stall. satory time in lieu of traditional over- ‘‘has the ability, if he works overtime, Last week, the Senate couldn’t agree even time pay. In that same poll, Mr. Presi- to store those hours. He can use the to allow a vote on a comptime measure. The dent, 75 percent—three-fourths—fa- stored comptime to be at home where bill, similar to one already passed by the vored a change in the law that would he is needed. However, when I need to House, would allow, but not require, employ- ers to offer employees 1.5 hours of paid time permit hourly workers such a choice. be able to leave work, I end up having off for every hour worked over 40 hours in- These poll results tally with what to take sick time or vacation time to stead of paying overtime. Employees could most of us know intuitively, what we do the very same thing. It would be bank up to 240 comptime hours a year. They know from talking to our own con- really nice if I had a flexible schedule.’’ could use them when they wanted as long as stituents. As both the economy and Mr. President, American workers and they provided reasonable notice and doing so American family life grow more and their employers want and are demand- wouldn’t cause undue disruption to the busi- more complex, the men and women in ing this flexibility. Seemingly, count- ness. Unused hours would be cashed at the America’s work force want greater less studies and surveys have pointed end of the year. Employees also could nego- flexibility to be able to cope with all of tiate agreements with employers for 80-hour, out, time and time again, Americans’ two-week schedules—45 hours one week, 35 these changes. overwhelming need, desire, and support the next, for example—without overtime. The legislation known as S. 4 would of a more flexible workplace schedule Any finding that employers coerced em- do that. It does not propose doing and the changes the Family Friendly ployees would lead to double pay, heavy fines something untried, something unheard Workplace Act would provide. and potential jail time. of, something never used before. On the Mr. President, if you look at a family Democrats say that’s not good enough. contrary, this is not revolutionary. We like the Morrises, you can see one They argue employers will still coerce work- have a history of its use in the public major reason for the broad public sup- ers. But the real source of their opposition sector, and we have a history of its use port for this bill. People in the private lies elsewhere. Labor unions don’t want among employers who are not hourly comptime except through negotiations with sector see their friends and family unions. And unions contributed $30 million but are salaried employees. All this bill members who are in the public sector; to Democratic campaigns last year. does is give workers and their employ- they see how much this type of flexibil- Without labor opposition, most differences ers in the private sector the same kind ity helps them and helps their families. over comptime could be solved. of workplace flexibility that their They see it and know it works. A choice between time off and overtime is counterparts have had for years in the Mr. President, I regret that thus far an option that can benefit employees and public sector. in the U.S. Senate, some Members of employers alike. Those who stand in the way Mr. President, I don’t think it is out- the Senate have chosen to stand in the deserve a permanent vacation. rageous to say that workers in the pri- way of the perfectly legitimate desire Mr. DEWINE. Mr. President, I thank vate sector should have the benefit of on the part of American workers and my colleague from Georgia for his elo- the same kind of flexibility Govern- employers for a truly flexible, family- quent statement and comments about ment workers have today. In fact, all it friendly workplace. the need for S. 4. I also thank my is is a fair shake. It is only equity and Mr. COVERDELL. Mr. President, I friend and colleague from Missouri for equality; it is only fairness. ask unanimous consent that the time the great work he has been doing to Mr. President, American society has under our control be extended by 10 bring not only to the attention of the changed a great deal over the last few minutes. We checked with the other Senate but to the American people ex- decades. The stereotypical role of man- side, and I believe they are in concur- actly what is at stake in regard to this agement and labor, male and female rence. This is so that the Senator bill. workers, simply does not exist any- might finish his remarks and appro- Mr. President, I am proud, again, to more today. In 1938, when the original priately not have to rush. Then we may be on the floor to speak in favor of the underlying legislation was passed, less be rejoined by the Senator from Mis- Family Friendly Workplace Act. This than 16 percent of married women souri. bill is a truly necessary and forward- worked outside of the home. Today, The PRESIDING OFFICER. Without looking response to the major changes more than 60 percent of married women objection, it is so ordered. that have already taken place in the work outside of the home. And 75 per- The Senator from Ohio is recognized. U.S. work force in the last few years. cent of mothers with school age chil- Mr. DEWINE. In conclusion, Mr. Mr. President, today’s working men dren work outside the home today. President, let me stress that it is not and working women feel battered be- The world has gone around many too late for this Senate to work toward tween the conflicting demands of work times in those years and the world has an intelligent bipartisan resolution of and family. They feel there has to be a changed. The American society has this issue. better way. I think they are right. changed. The squeeze on these workers, I say to my friends: Let’s put politics Mr. President, the bill we are here to between family and job, is so great aside. Let’s try to see how far we can talk about on the floor today rep- that workers themselves believe that move toward giving America’s workers resents that better way—a better way action is absolutely imperative. That is what they want, what they need, and for workers to balance the needs of why we are trying to change the out- what they deserve. This is one case family and the needs of the workplace. dated Fair Labor Standards Act. Mr. where thus far the American people are This bill gives working people the President, this would be a real, positive far ahead of this Congress—far ahead of flexibility that they know would make and necessary change for real Amer- this Congress in the very real sense a huge difference for the better in their ican working families. that they know this law needs to be lives. A few weeks ago, I was on the floor changed. They know that we need to Mr. President, according to a survey and I talked about the Morris family, have this flexibility. They not only conducted by the U.S. Department of an Ohio family. Clayton Morris, a fa- want it. They are demanding it. Labor Women’s Bureau, the top con- ther and a husband, is a public em- I am confident that in the days ahead cern of working women is flexible ployee. That means he has the option and weeks ahead we will be able to scheduling in the workplace—flexible of choosing compensatory time over bring about this change that the Amer- scheduling, which will allow them to traditional monetary overtime pay. He ican workers—people who work by the balance their responsibilities at work is free to spend important extra time, hour, who are out there every day try- with the needs of their children and the because of this, with his 21⁄2-year-old ing to make a difference, every day needs of their spouses. A stunning 66 son, Domenic. who are trying to balance their family June 9, 1997 CONGRESSIONAL RECORD — SENATE S5411 obligations with their obligations in It is easy to say, Well, we are talking ployee, and that is the option for flex- the workplace—need. They need this about a bill here, a bill before the U.S. time. Flextime is the way to schedule type flexibility that S. 4 will give Senate. But the truth of the matter is work in advance, to work an extra hour them. that we are talking about people. We in one period so you can take an hour I again commend my colleague from are taking about people and families. off with pay in another period, or the Georgia for the great work that he has We are talking about the fact that peo- most popular program for Federal done on this bill, and my colleague ple in single-parent homes—obviously workers. This started in the 1970’s. from Missouri for bringing this matter 100 percent of the parents—have to be So there is not a big problem to work to the floor. at work. And in multiple-parent 45 hours 1 week in return for only hav- I thank the Chair and I yield the homes, two-parent families, the cost of ing worked 35 hours in the next week, floor. doing business and taxes have really and that really results in people taking Mr. COVERDELL. Mr. President, I literally driven the second parent into every other Friday off. Since Friday is thank the Senator from Ohio. I hope the workplace, and they need to have a working day, you can do the motor that the family that he alluded to in time. People feel the financial stress, vehicle license stuff, or you can go to the term of his career will find the re- and they feel the family stress. the doctors. It is the ability for people lief we are so avidly pursuing here. All that we really have offered by the to spend time with their families. I have been reading—the Senator administration is that we would give One other point needs to be men- wasn’t present through all of it—from people family and medical leave, which tioned, especially in light of the re- the Radcliffe Public Policy Institute, is a way to say that you can have time marks of the Senator from New Mexico the great article that talks about the off without pay if you need to spend about serving working women. Over- rigors and stress in the workplace. And time with your family. If you give peo- time work in this country is con- it says, ‘‘Effects of Economic Changes ple time off without pay, that increases centrated among men. Hourly workers on Families and Children.’’ It is a short the financial stress that they went to are just about split evenly between article. I hope everybody gets a chance work to resolve. women and men. But overtime work is to read it. I have found in my own family that 2-to-1 in favor of men. So for every It says that because mothers assume every time I had to take a kid to the woman that gets an overtime hour men more of the caretaking responsibilities doctor that was not when I needed less get two overtime hours. for children, the elderly, and frail, the pay. That was when I needed my full So, if we are really going to try to re- problems of integrating work and fam- paycheck, because when you had those lieve pressure on working women, we ily responsibilities can disproportion- emergencies there is all of the little do less for women in this bill if we just ately impact women, both profes- dollar costs of those emergencies. do the comptime, and if we do not get sionally and personally, the very point So I really believe that this oppor- to the flextime part of the bill. that S. 4 is trying to correct, or at tunity we present to let people sort of I think it couldn’t be said more clear- least help correct. develop a bank of time off so that they ly than in USA Today, the lead edi- It says a major consequence of can take time off with pay later on is torial, ‘‘Harried workers need changes in the economy is that depend- very important. comptime flexibility but unions block- ents do not spend as much time with The comptime part of this bill— ing flexible work rules are favored by the family members who are respon- which is to say that, if you are asked employees and employers alike.’’ sible for their welfare. to work overtime, you can say instead That is the black letterhead line sort I mentioned earlier. You can see it in of having time-and-a-half-time over- of stuff. all the data about family and children: time pay I would like to have an hour I already submitted this for the school scores, the violence, the drugs, and a half with pay off later on for Record. It says those who stand in the and a host of related problems. each hour that I work in overtime. way deserve a permanent vacation. I Relationships among all family members Time off with pay instead of just tak- don’t know that we want to put them suffer, and in some cases affect both family on vacation but send them home. stability and workplace performance. The ing pay as time for the overtime is a total time parents spend with their children way for people to meet these needs. The point is we really need to find has diminished by about one-third in the last It only though goes to people who ways to help workers. This is the way 30 years. normally get overtime. What you real- to help people have more time with In the face of that, the rules that ly find out is that of about close to 60 their families without taking a pay cut govern the workplace have stayed vir- million workers who work by the hour and to help people plan. The more tually static. Here we have a situation in America only about a third of them pressing the responsibilities are the where children receive a third less at- ever get any overtime at all. Most com- more valuable planning is. tention. Of course, SAT scores have panies say, ‘‘Well, we just can’t afford It is against the law right now to plummeted, teenage violence has to be paying 150 percent of our labor plan with your employer to work an soared, and the Congress has not costs. So we don’t provide for any over- extra hour this week and take that stepped forward to modernize that time.’’ hour off with pay next week. We workplace. So, if all we did was to address the shouldn’t make it against the law for I thank the Senator from Ohio. We comptime parts of the labor force, people to do reasonable things like have just been joined by the primary which is the way you can get time and that. It is against the law right now for author and sponsor of the Family a half off for working an hour of over- your employer to say, ‘‘Instead of pay- Friendly Workplace Act. He has done a time, time and a half off with pay, we ing you time and a half time off, I am remarkable job in explaining the neces- would find ourselves limited from a giving you time and a half off with pay sity of this to America. quarter to a third of the work force down the road.’’ It is against the law. I am going to yield the remainder of that we were helping. The Government shouldn’t be about my time, which is about 5 minutes, to The last time I checked, whether or the business of making reasonable the bill’s primary sponsor, Senator not your company does overtime, or agreements like that against the law. ASHCROFT of Missouri. whether or not you normally get over- The editors of USA Today have made The PRESIDING OFFICER. The Sen- time, your kid still gets sick, your kids it clear that they agree that this is ator from Missouri is recognized. still get awards, your kids still go to something that needs to happen, and Mr. ASHCROFT. Thank you, Mr. soccer games, and they still need their that labor unions and their lobbyists President. parents. But, if we just deal with the here in Washington shouldn’t stand be- Let me take this moment to express narrow quadrant of the culture that tween the American people in this ca- my appreciation and give my thanks to gets overtime, we are going to ignore pacity to serve their families. the Senator from Georgia, the Senator two-thirds to three-quarters of the cul- It is with that in mind that we from Ohio, the Senator from New Mex- ture, and we really need to do more should continue to work toward the en- ico, the Senator from Wyoming, and than that. actment of the Family Friendly Work- others who have spoken eloquently in It is important for us to then have place Act. behalf of American workers. what we provided for every Federal em- I yield the floor. S5412 CONGRESSIONAL RECORD — SENATE June 9, 1997 The PRESIDING OFFICER. All time nologies to clone molecules, DNA, nel as Witnesses, In Litigation’’, received on granted to the Senator from Georgia cells, and tissues; or (2) the use of so- May 22, 1997; to the Committee on Govern- has now expired. matic cell nuclear transfer techniques mental Affairs. Mr. COVERDELL. Mr. President, I to create animals. EC–2087. A communication from the Sec- retary of Education, transmitting, a draft of suggest the absence of a quorum. The Commission recommended that proposed legislation entitled ‘‘Career Prepa- The PRESIDING OFFICER. The such legislation provide for further re- ration Education Reform Act of 1997’’, re- clerk will call the roll. view of the state of somatic cell nu- ceived on June 4, 1997; to the Committee on The bill clerk proceeded to call the clear transfer technology and the ethi- Labor and Human Resources. roll. cal and social issues attendant to its EC–2088. A communication from the Acting Mr. ASHCROFT. Mr. President, I ask potential use to create human beings. Under Secretary for Food, Nutrition, and unanimous consent that the order for My legislative proposal would imple- Consumer Services from the Department of Agriculture, transmitting, pursuant to law, the quorum call be rescinded. ment this recommendation and assign a rule entitled ‘‘Quality Control Provisions The PRESIDING OFFICER. Without responsibility for the review, to be of the Mickey Leland Childhood Hunger Re- objection, it is so ordered. completed in the fifth year after pas- lief Act’’, received on June 2, 1997; to the f sage of the legislation, to the National Committee on Agriculture, Nutrition, and Bioethics Advisory Commission. Forestry. REPORT OF DRAFT LEGISLATION I urge the Congress to give this legis- EC–2089. A communication from the Chair- ENTITLED ‘‘THE CLONING PROHI- lation prompt and favorable consider- man of the Nuclear Regulatory BITION ACT OF 1997’’—MESSAGE ation. Commisssion, transmitting, pursuant to law, FROM THE PRESIDENT—PM 46 the report of a major rule relative to licens- WILLIAM J. CLINTON. ing, inspection, and annual fees charged to The PRESIDING OFFICER laid be- THE WHITE HOUSE, June 9, 1997. its applicants and licensees, (RIN3150–AF55) fore the Senate the following message f received on May 22, 1997; to the Committee from the President of the United on Environment and Public Works. States, together with an accompanying MESSAGES FROM THE HOUSE EC–2090. A communication from the Ad- report; which was referred to the Com- ENROLLED BILL SIGNED ministrator of the National Highway Traffic mittee on the Judiciary. At 1:30 p.m., a message from the Safety Administration, Department of Transportation, transmitting, pursuant to House of Representatives, delivered by To the Congress of the United States: law, a report entitled ‘‘NHTSA Plan for I am pleased to transmit today for one of its reading clerks, announced Achieving Harmonization of the U.S. and Eu- immediate consideration and prompt that the Speaker has signed the follow- ropean Side Impact Standards’’; to the Com- enactment the ‘‘Cloning Prohibition ing enrolled bill: mittee on Appropriations. H.R. 1469. An act making emergency sup- EC–2091. A communication from the Legis- Act of 1997.’’ This legislative proposal lative Counsel of the Office of the Congres- would prohibit any attempt to create a plemental appropriations for recovery from natural disasters, and for overseas peace- sional and Legislative Affairs, Department human being using somatic cell nu- keeping efforts, including those in Bosnia, of the Interior, transmitting, pursuant to clear transfer technology, the method for the fiscal year ending September 30, 1997, law, a draft of proposed legislation to make that was used to create Dolly the and for other purposes. corrections to the Omnibus Parks and Public sheep. This proposal will also provide Lands Management Act of 1996, received on The enrolled bill was signed subse- June 4, 1997; to the Committee on Energy. for further review of the ethical and quently by the President pro tempore scientific issues associated with the EC–2092. A communication from the Sec- [Mr. THURMOND]. retary of the Interior, Department of Inte- use of somatic cell nuclear transfer in f rior, transmitting, a report relative to sus- human beings. tained agricultural production under irriga- Following the February report that a MEASURES READ THE FIRST TIME tion; to the Committee on Energy and Natu- sheep had been successfully cloned The following bills, previously re- ral Resources. using a new technique, I requested my ceived from the House of Representa- EC–2093. A communication from the Acting National Bioethics Advisory Commis- General Counsel of the Department of En- tives for the concurrence of the Senate, ergy, transmitting, pursuant to law, a rule sion to examine the ethical and legal were read the first time: implications of applying the same that amends the Energy Policy and Con- H.R. 908. An act to establish a Commission servation Act, (RIN1904–AA45) received on cloning technology to human beings. on Structural Alternatives for the Federal June 4, 1997; to the Committee on Energy The Commission concluded that at this Courts of Appeals. and Natural Resources. time ‘‘it is morally unacceptable for H.R. 1000. An act to require States to es- EC–2094. A communication from the Direc- anyone in the public or private sector, tablish a system to prevent prisoners from tor of the Office of Regulations Management, whether in a research or clinical set- being considered part of any household for Department of Veterans Affairs, transmit- ting, to attempt to create a child using purposes of determining eligibility of the ting, pursuant to law, a rule entitled ‘‘Guide- somatic cell nuclear transfer cloning’’ household for food stamp benefits and the lines for Furnishing Sensori-neural Aids,’’ and recommended that Federal legisla- amount of food stamp benefits to be provided (RIN2900–AI60) received on June 3, 1997; to to the household under the Food Stamp Act the Committee on Veterans’ Affairs. tion be enacted to prohibit such activi- of 1977. EC–2095. A communication from the Direc- ties. I agree with the Commission’s f tor of the Office of Regulations Management, conclusion and am transmitting this Department of Veterans Affairs, transmit- legislative proposal to implement its EXECUTIVE AND OTHER ting, pursuant to law, a rule entitled ‘‘Sched- recommendation. COMMUNICATIONS uling for Rating Disabilities; Muscle Inju- ries,’’ (RIN2900–AE89) received on June 3, Various forms of cloning technology The following communications were have been used for decades resulting in 1997; to the Committee on Veterans’ Affairs. laid before the Senate, together with EC–2096. A communication from the Under important biomedical and agricultural accompanying papers, reports, and doc- Secretary of Defense, transmitting, pursuant advances. Genes, cells, tissues, and uments, which were referred as indi- to law, the report of a violation of the even whole plants and animals have cated: Antideficiency Act, case number 95–15; to the been cloned to develop new therapies EC–2085. A communication from the Acting Committee on Appropriations. for treating such disorders as cancer, Assistant Attorney General of the Depart- f diabetes, and cystic fibrosis. Cloning ment of Justice, transmitting pursuant to REPORTS OF COMMITTEE technology also holds promise for pro- law, a report on a rule entitled ‘‘Revision of ducing replacement skin, cartilage, or Regulations Governing the Remission or The following report of committee bone tissue for burn or accident vic- Mitigation of Civil and Criminal Forfeit- were submitted: tims, and nerve tissue to treat spinal ures’’ (RIN1105–AA23), received on June 2, By Mr. SPECTER, from the Committee on cord injury. Therefore, nothing in the 1997; to the Judiciary Committee. Veterans’ Affairs: ‘‘Cloning Prohibition Act of 1997’’ re- EC–2086. A communication from the Gen- Special entitled ‘‘Legislative and Over- eral Counsel of the Office of Management sight Activities During the 104th Congress by stricts activities in other areas of bio- and Budget, from the Executive Office of the the Senate Committee on Veterans’ Affairs’’ medical and agricultural research that President, transmitting, pursuant to law, a (Rept. 105–23). involve: (1) the use of somatic cell nu- report on a rule entitled ‘‘Release of Official By Mr. SHELBY, from the Select Commit- clear transfer or other cloning tech- Information, and Testimony by OMB Person- tee on Intelligence, without amendment: June 9, 1997 CONGRESSIONAL RECORD — SENATE S5413 S. 858. An original bill to authorize appro- Management Account, and the Central Intel- of farms that report annual sales over priations for fiscal year 1998 for intelligence ligence Agency Retirement and Disability $50,000 will trigger inheritance taxes. and intelligence-related activities of the U.S. System, and for other purposes; from the Se- Indeed, the nature of a farm oper- Government, the Community Management lect Committee on Intelligence; placed on ation—75 percent of farm assets are Account, and the Central Intelligence Agen- the calendar. cy Retirement and Disability System, and By Mr. KYL (for himself and Mr. nonliquid—complicates the difficulties for other purposes (Rept. No. 105–24). GRAMM): inherent in the payment of estate taxes f S. 859. A bill to repeal the increase in tax for farm families, and the financial on social security benefits; to the Committee structure of a farm thus further con- INTRODUCTION OF BILLS AND on Finance. tributes to this erosion of our agricul- JOINT RESOLUTIONS By Mr. HARKIN: tural heritage. The average annual re- S. 860. A bill to protect and improve rural The following bills and joint resolu- turn on farm assets is just 4 percent, health care, and for other purposes; to the and the addition of mortgage obliga- tions were introduced, read the first Committee on Finance. and second time by unanimous con- By Mr. INHOFE: tions reduces the return to a mere 0.5 sent, and referred as indicated: S. 861. A bill to amend the Federal Prop- percent, so it is almost impossible for By Mr. FAIRCLOTH (for himself and erty and Administrative Services Act of 1949 the next generation to continue to Mr. HELMS): to authorize donation of Federal law enforce- farm the family land. S. 849. A bill to amend the Internal Reve- ment canines that are no longer needed for As metropolitan areas continue to nue Code of 1986 to increase the unified es- official purposes to individuals with experi- grow and encroach upon the farms that tate and gift tax credit to exempt farms and ence handling canines in the performance of sit outside these areas, the value of the small businesses from estate taxes, and for law enforcement duties; to the Committee on farms increases, and it drives up the es- other purposes; to the Committee on Fi- Governmental Affairs. By Mr. GRASSLEY (for himself, Mr. tate tax burden. This pattern forces nance. heirs to sell the farmland to developers By Mr. AKAKA (for himself, Mr. SMITH BAUCUS, Mr. JEFFORDS, Mr. HATCH, rather than continue their agricultural of New Hampshire, Mr. REID, and Mr. Mr. KERREY, Mr. THOMAS, Mr. ROB- TORRICELLI): ERTS, and Mr. HAGEL): heritage. Further, the Agriculture De- S. 850. A bill to amend the Packers and S. 862. A bill to amend title XVIII of the partment estimates that 500,000 farm- Stockyards Act, 1921, to make it unlawful for Social Security Act to change the payment ers will retire over the next two dec- any stockyard owner, market agency, or system for health maintenance organizations ades. The failure of the Congress to re- dealer to transfer or market nonambulatory and competitive medical plans; to the Com- duce the impact of estate taxes thus mittee on Finance. livestock, and for other purposes; to the threatens the continued operation of Committee on Agriculture, Nutrition, and f almost one-quarter of the farms in the Forestry. By Mr. DORGAN (for himself, Mr. STATEMENTS ON INTRODUCED United States. CONRAD, Mr. WELLSTONE, Mr. JOHN- BILLS AND JOINT RESOLUTIONS I am thus committed to estate tax relief for American families. The IRS is SON, and Mr. DASCHLE): By Mr. FAIRCLOTH (for himself S. 851. A bill entitled the Emergency Disas- a tax collection agency, not a board of and Mr. HELMS): ter Assistance Act; to the Committee on Ap- directors, and Washington does not de- propriations. S. 849. A bill to amend the Internal serve a windfall from every funeral. By Mr. LOTT (for himself and Mr. Revenue Code of 1986 to increase the FORD): unified estate and gift tax credit to ex- By Mr. AKAKA (for himself, Mr. S. 852. A bill to establish nationally uni- empt farms and small businesses from SMITH of New Hampshire, Mr. form requirements regarding the titling and estate taxes, and for other purposes; to REID, and Mr. TORRICELLI): registration of salvage, nonrepairable, and the Committee on Finance. S. 850. A bill to amend the Packers rebuilt vehicles; to the Committee on Com- THE AMERICAN FARM HERITAGE AND SMALL merce, Science, and Transportation. and Stockyards Act, 1921, to make it BUSINESS PRESERVATION ACT By Mr. D’AMATO (by request): unlawful for any stockyard owner, S. 853. A bill to protect the financial inter- Mr. FAIRCLOTH. Mr. President, I market agency, or dealer to transfer or ests of the Federal government through debt rise to introduce the American Farm market nonambulatory livestock, and restructuring and subsidy reduction in con- Heritage and Small Business Preserva- for other purposes. nection with multifamily housing; to en- tion Act, and I am joined by the senior THE DOWNED ANIMAL PROTECTION ACT OF 1997 hance the effectiveness of enforcement provi- Senator from North Carolina. The act ∑ Mr. AKAKA. Mr. President, today I sions relating to single family and multifam- excludes the first $1.5 million of estate am introducing the Downed Animal ily housing (including amendments to the and gift assets from taxation, and it Bankruptcy code); to consolidate and reform Protection Act, a bill to eliminate in- the management of multifamily housing pro- carries an effective date of January 1, humane and improper treatment of grams; and for other purposes; to the Com- 1998. downed animals at stockyards. Sen- mittee on Banking, Housing, and Urban Af- The act will relieve the tax burden ators SMITH, REID, and TORRICELLI have fairs. that befalls farmers and small busi- joined me in sponsoring this bill. The By Mr. GREGG (for himself, Mr. FORD, nessmen upon the death of the propri- legislation prohibits the sale or trans- Mr. GRAHAM, and Mr. HAGEL): etor. There is truth in the old axiom fer of downed animals unless they have S. 854. A bill to amend the Internal Reve- that farmers ‘‘live like paupers and die been humanely euthanized. nue Code of 1986 to provide a reduction in the like kings,’’ and, in fact, the IRS re- capital in the capital gains tax for assets Downed animals are severely dis- held more than 2 years, and for other pur- ports that farmers face estate taxes six tressed recumbent animals that are so poses; to the Committee on Finance. times more often than other Ameri- sick they cannot rise or move on their By Mr. FAIRCLOTH (for himself, Mr. cans. own. Once an animal becomes immo- HAGEL, Mr. SHELBY, and Mr. HUTCH- There are numerous estate and gift bile and cannot stand, it must lie INSON): tax relief bills in the congressional where it falls, often without receiving S. 855. A bill to provide for greater respon- hopper. However, I favor a straight- basic assistance. Downed animals that siveness by Federal agencies in contracts forward approach, and, rather than re- survive the stockyard are slaughtered with the public, and for other purposes; to quire some form of participation in the the Committee on Governmental Affairs. for human consumption. By Mr. ROBB: business operation for a fixed period of These animals are extremely dif- S. 856. A bill to provide for the adjudica- time—and thus permit the IRS to es- ficult, if not impossible, to handle hu- tion and payment of certain claims against tablish nebulous and complicated regu- manely. They have very demanding the Government of Iraq; to the Committee lations—the American Farm Heritage needs, and must be fed and watered in- on Foreign Relations. and Small Business Preservation Act dividually. The suffering of downed By Mr. SARBANES: proposes a simple $1.5 million exclusion animals is so severe that the only hu- S. 857. A bill for the relief of Roma for all estates. mane solution is immediate eutha- Salobrit; to the Committee on the Judiciary. The estate tax encourages the demise By Mr. SHELBY: nasia. S. 858. An original bill to authorize appro- of the family farm and forces heirs to Mr. President, the bill I have intro- priations for fiscal year 1998 for intelligence mortgage their agricultural heritage to duced requires that these hopelessly and intelligence-related activities of the the IRS. The estate tax is not a threat sick and injured animals be euthanized United States Government, the Community to just large farmers: some 20 percent by humane methods that rapidly and S5414 CONGRESSIONAL RECORD — SENATE June 9, 1997 effectively render animals insensitive There being no objection, the bill was figures, the practice of selling rebuilt to pain. Humane euthanasia of downed ordered to be printed in the RECORD, as salvage vehicles as undamaged used animals will limit animal suffering and follows: cars costs consumers and the auto in- will encourage the livestock industry S. 850 dustry nearly $4 billion annually. In to concentrate on improved manage- Be it enacted by the Senate and House of Rep- some States, as many as 70 percent of ment and handling practices to avoid resentatives of the United States of America in all totaled vehicles may return to the this problem in the first place. Congress assembled, roads after being purchased by Downed animals comprise a tiny SECTION 1. SHORT TITLE. unsuspecting buyers. This is dangerous fraction, less than one-tenth of 1 per- This Act may be cited as the ‘‘Downed Ani- to everyone on America’s highways. cent, of animals at stockyards. Ban- mal Protection Act’’. While most States require some type ning their sale or transfer would cause SEC. 2. UNLAWFUL STOCKYARD PRACTICES IN- of disclosure on the title indicating a VOLVING NONAMBULATORY LIVE- no economic hardship. The Downed vehicle’s history, the requirements STOCK. vary from State to State. Some re- Animal Protection Act will prompt (a) IN GENERAL.—Title III of the Packers stockyards to refuse crippled and dis- and Stockyards Act, 1921, is amended by in- builders take advantage of these incon- tressed animals and will make the pre- serting after section 317 (7 U.S.C. 217a) the sistencies in State titling procedures vention of downed animals a priority following: to obtain clean titles that bear no indi- for the livestock industry. The bill will ‘‘SEC. 318. UNLAWFUL STOCKYARD PRACTICES cation of previous vehicle damage. Not reinforce the industry’s commitment INVOLVING NONAMBULATORY LIVE- only does this type of fraud affect the STOCK. consumer’s wallet, it also threatens to humane handling of animals. ‘‘(a) DEFINITIONS.—In this section: The downed animal problem has been the consumer’s safety. ‘‘(1) HUMANELY EUTHANIZED.—The term ‘hu- Several years ago, Congress estab- addressed by major livestock organiza- manely euthanized’ means to kill an animal lished a Federal task force to study tions such as the United Stockyards by mechanical, chemical, or other means this issue. This consumer friendly bill Corp., the Minnesota Livestock Mar- that immediately render the animal uncon- stems from the recommendations of keting Association, the National Pork scious, with this state remaining until the that task force. Producers Council, the Colorado animal’s death. ‘‘(2) NONAMBULATORY LIVESTOCK.—The term Our bill requires that any vehicle Cattlemen’s Association, and the Inde- ‘nonambulatory livestock’ means any live- with damage exceeding 75 percent of its pendent Cattlemen’s Association of stock that is unable to stand and walk unas- preaccident value be designated as a Texas. All these organizations have sisted. salvage vehicle. If the salvage vehicle taken strong stands against improper ‘‘(b) UNLAWFUL PRACTICES.—It shall be un- is rebuilt and placed back on the road, treatment of animals by adopting ‘‘no- lawful for any stockyard owner, market the title to the vehicle must be brand- agency, or dealer to buy, sell, give, receive, downer’’ policies. I want to commend ed as a rebuilt salvage vehicle and it these and other organizations, as well transfer, market, hold, or drag any non- ambulatory livestock unless the non- must have an inspection to assure that as responsible and conscientious live- ambulatory livestock has been humanely stolen parts were not used in the re- stock producers throughout the coun- euthanized.’’. pair. In addition, all rebuilt salvage ve- try, for their efforts to end an appall- (b) EFFECTIVE DATE.— hicles must have a decal permanently ing problem that erodes consumer con- (1) IN GENERAL.—The amendment made by affixed to the driver’s side door jamb fidence. subsection (a) takes effect 1 year after the indicating that the vehicle has been re- Despite a strong consensus within in- date of the enactment of this Act. built. It will also specify whether the (2) REGULATIONS.—Not later than 1 year dustry, the animal welfare movement, vehicle has passed an approved safety consumers, and Government that after the date of enactment of this Act, the Secretary of Agriculture shall issue regula- inspection. downed animals should not be sent to tions to carry out the amendment.∑ Mr. President, the number of victims stockyards, this sad problem contin- in the rebuilt salvage vehicle industry ues, causing animal suffering and an By Mr. LOTT (for himself and Mr. is growing, and it must be stopped. We erosion of confidence in the industry. FORD): need to establish policies to stop these Mr. President, this legislation will S. 852. A bill to establish nationally illegal practices and protect American complement industry efforts to address uniform requirements regarding the ti- drivers. Along with Mr. FORD, I urge this problem by encouraging better tling and registration of salvage, non- you to join us as a cosponsor of this care of animals at farms and ranches. repairable, and rebuilt vehicles; to the common sense legislation. Animals with impaired mobility will Committee on Commerce, Science, and I ask unanimous consent that the receive better treatment in order to Transportation. text of the bill be printed in the prevent them from becoming incapaci- NATIONAL MOTOR VEHICLE SAFETY, ANTI- RECORD. tated. The bill will remove the incen- THEFT, TITLE REFORM, AND CONSUMER PRO- There being no objection, the bill was tive for sending downed animals to TECTION ACT OF 1997 ordered to be printed in the RECORD, as stockyards in the hope of receiving Mr. LOTT. Mr. President, today I am follows: some salvage value for the animals and here to talk to my colleagues about S. 852 would encourage greater care during used cars. No, not to sell you one, but Be it enacted by the Senate and House of loading and transport. The bill will more importantly, to protect Ameri- Representatives of the United States of America in Congress assembled, also discourage improper breeding cans who buy used cars. I am joined by SECTION 1. SHORT TITLE. practices that account for most downed my friend and colleague Senator FORD This Act may be cited as the ‘‘National animals. in introducing legislation which will Motor Vehicle Safety, Anti-theft, Title Re- My legislation would set a uniform require that the title of a vehicle, at form, and Consumer Protection Act of 1997’’. national standard, thereby removing the time of resale, indicate that it has SEC. 2. MOTOR VEHICLE TITLING AND DISCLO- any unfair advantages that might re- been significantly damaged. This bill is SURE REQUIREMENTS. sult from differing standards through- about safety. This bill is about (a) IN GENERAL.—Subtitle VI of title 49, out the industry. Furthermore, no ad- consumer protection. United States Code, is amended by adding at the end the following new chapter: ditional bureaucracy will be needed as We believe America’s policy must a consequence of my bill because in- protect used car consumers from un- ‘‘CHAPTER 333—AUTOMOBILE SAFETY, ANTI-THEFT, AND TITLE DISCLOSURE spectors of the Packers and Stockyards knowingly purchasing automobiles REQUIREMENTS Administration regularly visit stock- which have been totaled and rebuilt, ‘‘Sec. yards to enforce existing regulations. but sold as undamaged vehicles. Often ‘‘33301. Definitions. Thus, the additional regulatory burden these vehicles have serious safety prob- ‘‘33302. Passenger motor vehicle titling. on the agency and stockyard operators lems. We want you to join us in helping ‘‘33303. Label requirement. ‘‘33304. Petition for extensions of time. will be insignificant. to protect the public. In the last Con- ‘‘33305. Effect on State law. I ask unanimous consent that a copy gress, I worked with Senator Exon to ‘‘33306. Civil and criminal penalties. of the Downed Animal Protection Act advance similar legislation. We need to ‘‘§ 33301. Definitions be printed in the RECORD. I urge all of complete the job this Congress. ‘‘For the purposes of this chapter the fol- my colleagues to join in supporting According to the U.S. Department of lowing definitions and requirements shall this legislation. Transportation’s automobile auction apply: June 9, 1997 CONGRESSIONAL RECORD — SENATE S5415

‘‘(1) PASSENGER MOTOR VEHICLE.—The term subparagraph (E)(ii) shall not impose any ob- ‘‘(ii) the owner irreversibly designatges as ‘passenger motor vehicle’ means a motor ve- ligation on— a source of parts or scrap. hicle as defined in section 32101(7) that is ‘‘(i) the insurer of the passenger motor ve- ‘‘(B) CERTIFICATE.—Each nonrepairable ve- rated by the manufacturer at not more than hicle; or hicle shall be issued a nonrepairable vehicle 10,000 pounds gross vehicle weight and that is ‘‘(ii) an insurer processing a claim made by certificate. either— or on behalf of the owner of the passenger ‘‘(7) NONREPAIRABLE VEHICLE CERTIFI- ‘‘(A) a passenger motor vehicle as defined motor vehicle. CATE.— in section 32101(10), including a multipurpose ‘‘(3) SALVAGE TITLE.— ‘‘(A) IN GENERAL.—The term ‘nonrepairable passenger vehicle as defined in section ‘‘(A) IN GENERAL.—The term ‘salvage title’ vehicle certificate’ means a passenger motor 32101(9); or means a passenger motor vehicle ownership vehicle ownership document issued by the ‘‘(B) a truck (other than a truck referred document issued by a State to the owner of State to the owner of a nonrepairable vehi- to in section 32101(10)(B)). a salvage vehicle. cle. ‘‘(2) SALVAGE VEHICLE.— ‘‘(B) TRANSFER OF OWNERSHIP.—Ownership ‘‘(B) TRANSFER OF OWNERSHIP.—Ownership ‘‘(A) IN GENERAL.—Subjet to subparagraph of a salvage vehicle may be transferred on a of the passenger motor vehicle may be trans- (E), the term ‘salvage vehicle’ means any salvage title. ferred not more than 2 times on a nonrepair- passenger motor vehicle that has been ‘‘(C) PROHIBITION.—The salvage vehicle able vehicle certificate. wrecked, destroyed, or damaged to the ex- may not be registered for use on the roads or ‘‘(C) PROHIBITION.—A nonrepairable vehicle tent that— highways unless the salvage vehicle has been that is issued a nonrepairable vehicle certifi- ‘‘(i) if the vehicle is not rebuilt or recon- issued a rebuilt salvage title. cate may not be titled or registered for use structed, the total estimated cost; or ‘‘(D) REQUIREMENT FOR A SALVAGE TITLE.— on roads or highways at any time after the ‘‘(ii) if the vehicle is rebuilt or recon- A salvage title shall be conspicuously la- issuance of the certificate. structed, the total actual cost beled with the word ‘salvage’ across the ‘‘(D) REQUIREMENT FOR NONREPAIRABLE VE- of parts and labor to rebuild or reconstruct front of the document. HICLE CERTIFICATE.—A nonrepairable vehicle the passenger motor vehicle to its ‘‘(4) REBUILT SALVAGE VEHICLE.—The term certificate shall be conspicuously labeled preaccident condition for legal operation on ‘rebuilt salvage vehicle’ means— with the term ‘nonrepairable’ across the the roads or highways exceeds 75 percent of ‘‘(A) For passenger motor vehicles subject front of the document. the retail value of the passenger motor vehi- to a safety inspection in a State that re- ‘‘(8) FLOOD VEHICLE.— cle, immediately before it was wrecked, dam- quires such an inspection under section ‘‘(A) IN GENERAL.—The term ‘flood vehicle’ aged, or destroyed, as set forth in the most 33302(b)(2)(H), any passenger motor vehicle means any passenger motor vehicle that has recent edition of any nationally recognized that has— been submerged in water to the point that compilation (including automated databases) ‘‘(i) been issued previously a salvage title; rising water has reached over the door sill of ‘‘(ii) passed applicable State antitheft in- of current retail values that is approved by the motor vehicle and has entered the pas- spection; the Secretary. senger or truck compartment. ‘‘(iii) been issued a certificate indicating ‘‘(B) REQUIREMENT FOR DISCLOSURE.—Dis- ‘‘(B) VEHICLES EXCLUDED.—Such term does closure that a passenger motor vehicle has not include any passenger motor vehicle that the passenger motor vehicle has— ‘‘(I) passed the antitheft inspection re- become a flood vehicle shall be made by the that— ‘‘(i) has a model year designation of the ferred to in clause (ii); and person transferring ownership at the time of ‘‘(II) been issued a certificate indicating year in which the vehicle was wrecked, de- transfer of ownership. After such transfer is that the passenger motor vehicle has passed stroyed, or damaged, or one of the 6 imme- completed, the certificate of title shall be a required safety inspection under section diately preceding model years; or conspicuously labeled with the term ‘flood’ ‘‘(ii) had a retail value, immediately before 33302(b)(2)(H); and across the front of the document. ‘‘(iv) affixed to the door jamb adjacent to it was wrecked, destroyed, or damaged, of ‘‘(9) SECRETARY.—The term ‘Secretary’ the driver’s seat a decal stating ‘Rebuilt Sal- more than $10,000. means the Secretary of Transportation. vage Vehicle—Antitheft and Safety Inspec- ‘‘§ 33302. Passenger motor vehicle titling Beginning with the second calendar year be- tions Passed’; or ‘‘(a) CARRYFORWARD OF CERTAIN TITLE IN- ginning after the date of enactment of the ‘‘(B) for passenger motor vehicles in a FORMATION IFA PREVIOUS TITLE WAS NOT IS- National Motor Vehicle Safety, Anti-theft, State other than a State referred to in sub- SUED IN ACCORDANCE WITH CERTAIN NATION- Title Reform, and Consumer Protection Act paragraph (A), any passenger motor vehicle ALLY UNIFORM STANDARDS.— of 1997, the Secretary shall adjust the dollar that has— figure in clause (ii) of this subparagraph to ‘‘(1) IN GENERAL.—If— ‘‘(i) been issued previously a salvage title; ‘‘(A) records that are readily accessible to reflect the change, if any, in the average ‘‘(ii) passed an applicable State antitheft a State indicate that a passenger motor ve- consumer price index for the preceding year inspection; hicle with respect to which the ownership is from the average consumer price index for ‘‘(iii) been issued a certificate indicating transferred on or after the date that is 1 year 1997. that the passenger motor vehicle has passed after the date of enactment of the National ‘‘(C) DETERMINATION OF VALUE OF REPAIR the required antitheft inspection referred to Motor Vehicle Safety, Anti-theft, Title Re- PARTS.—For purposes of subparagraph (A), in clause (ii); and the value of repair parts shall be determined ‘‘(iv) affixed to the door jamb adjacent to form, and Consumer Protection Act of 1997, by using— the driver’s seat, a decal stating ‘Rebuilt has been issued previously a title that bore a ‘‘(i) the published retail cost of the original Salvage Vehicle—Antitheft Inspection term or symbol described in paragraph (2); equipment manufacturer parts; or Passed/No Safety Inspection Pursuant to Na- and ‘‘(B) the State licenses that vehicle for use, ‘‘(ii) the actual retail cost of the repair tional Criteria’. the State shall disclose that fact on a certifi- parts to be used in the repair. ‘‘(5) REBUILT SALVAGE TITLE.— ‘‘(D) DETERMINATION OF LABOR COSTS.—For ‘‘(A) IN GENERAL.—The term ‘rebuilt sal- cate of title issued by the State. purposes of subparagraph (A), the labor cost vage title’ means the passanger motor vehi- ‘‘(2) TERMS AND SYMBOLS.— ‘‘(A) IN GENERAL.—A State shall be subject of repairs shall be computed by using the cle ownership document issued by a State to to the requirements of paragraph (1) with re- hourly labor rate and time allocations that the owner of a rebuilt salvage vehicle. spect to the following terms on a title that are reasonable and customary in the auto- ‘‘(B) TRANSFER OF OWNERSHIP.—Ownership mobile repair industry in the community in of a rebuilt salvage vehicle may be trans- has been issued previously to a passenger which the repairs are performed. ferred on a rebuilt salvage title. motor vehicle (or symbols indicating the ‘‘(E) CERTAIN VEHICLES INCLUDED.—The ‘‘(C) REGISTRATION FOR USE.—A passenger meanings of those terms): term ‘salvage vehicle’ includes, without re- motor vehicle for which a rebuilt salvage ‘‘(i) salvage. gard to whether the passenger motor vehicle ‘‘(ii) unrebuildable. title has been issued may be registered for ‘‘(iii) parts only. meets the 75 percent threshold specified in use on the roads and highways. ‘‘(iv) scrap. subparagraph (A)— ‘‘(D) REQUIREMENT FOR A REBUILT SALVAGE ‘‘(v) junk. ‘‘(i) any passenger motor vehicle with re- TITLE.—A rebuilt salvage title shall be con- ‘‘(vi) nonrepairable. spect to which an insurance company ac- spicuously labeled, either with ‘rebuilt sal- ‘‘(vii) reconstructed. quires ownership under a damage settlement vage vehicle—antitheft and safety inspec- ‘‘(viii) rebuilt. (except for a settlement in connection with a tions passed’ or ‘rebuilt salvage vehicle— ‘‘(ix) any other similar term, as deter- recovered theft vehicle that did not sustain a antitheft inspection passed/no safety inspec- mined by the Secretary. sufficient degree of damage to meet the 75 tion pursuant to national criteria’, as appro- ‘‘(B) FLOOD DAMAGE.—A State shall be sub- percent threshold specified in subparagraph priate, across the front of the document. ject to the requirements of paragraph (1) if a (A)); or ‘‘(6) NONREPAIRABLE VEHICLE.— term or symbol on a title issued previously ‘‘(ii) any passenger motor vehicle that an ‘‘(A) IN GENERAL.—The term ‘nonrepairable for a passenger vehicle indicates that the ve- owner may wish to designate as a salvage ve- vehicle’ means any passenger motor vehicle hicle has been damaged by flood. hicle by obtaining a salvage title, without that— ‘‘(b) NATIONALLY UNIFORM TITLE STAND- regard to the extent of the damage and re- ‘‘(i)(I) is incapable of safe operation for use ARDS AND CONTROL METHODS.— pairs. on roads or highways; and ‘‘(1) IN GENERAL.—Not later than 18 months ‘‘(F) SPECIAL RULE.—A designation of a ‘‘(II) has no resale value, except as a source after the date of the enactment of the Na- passenger motor vehicle by an owner under of parts or scrap only; or tional Motor Vehicle Safety, Anti-theft, S5416 CONGRESSIONAL RECORD — SENATE June 9, 1997 Title Reform, and Consumer Protection Act ‘‘(ii) Any passenger motor vehicle or any the insurance company shall be required to of 1997, the Secretary shall issue regulations major part or major replacement part re- apply for a salvage title or nonrepairable ve- that require each State that licenses pas- quired to be marked under this section hicle certificate not later than 15 days after senger motor vehicles with respect to which that— the title to the motor vehicle is— the ownership is transferred on or after the ‘‘(I) has a mark or vehicle identification ‘‘(I) properly assigned by the owner to the date that is 2 years after the issuance of number that has been illegally altered, de- insurance company; and final regulations, to apply with respect to faced, or falsified; and ‘‘(II) delivered to the insurance company the issuance of the title for any such motor ‘‘(II) cannot be identified as having been with all liens released. vehicle uniform standards, procedures, and legally obtained (through evidence described ‘‘(iii) If an insurance company does not as- methods for— in clause (i)(III)), sume ownership of an insured person’s or claimant’s passenger motor vehicle that has ‘‘(A) the issuance and control of that title; shall be contraband and subject to seizure. incurred damage requiring the vehicle to be and ‘‘(iii) To avoid confiscation of parts that titled as a salvage vehicle or nonrepairable ‘‘(B) information to be contained on such have been legally rebuilt or remanufactured, vehicle, the insurance company shall, as re- title. the regulations issued under this subsection ‘‘(2) CONTENTS OF REGULATIONS.—The ti- quired by the applicable State— shall include procedures that the Secretary, tling standards, control procedures, meth- ‘‘(I) notify— in consultation with the Attorney General of ods, and information covered under the regu- ‘‘(I) the owner of the owner’s obligation to the United States, shall establish— lations issued under this subsection shall in- apply for a salvage title or nonrepairable ve- ‘‘(I) for dealing with parts with a mark or clude the following: hicle certificate for the passenger motor ve- vehicle identification number that is nor- ‘‘(A) INDICATION OF STATUS.—Each State hicle; and shall indicate on the face of a title or certifi- mally removed during remanufacturing or ‘‘(II) the State passenger motor vehicle ti- cate for a passenger motor vehicle, as appli- rebuilding practices that are considered ac- tling office that a salvage title or nonrepair- cable, if the passenger motor vehicle is a sal- ceptable by the automotive industry; and able vehicle certificate should be issued for vage vehicle, a nonrepairable vehicle, a re- ‘‘(II) deeming any part referred to in sub- the vehicle. built salvage vehicle, or a flood vehicle. clause (I) to meet the identification require- ‘‘(iv) If a leased passenger motor vehicle ‘‘(B) SUBSEQUENT TITLES.—The information ments under the regulations if the part bears incurs damage requiring the vehicle to be ti- referred to in subparagraph (A) concerning a conspicuous mark of such type, and is ap- tled as a salvage vehicle or nonrepairable ve- the status of the passenger vehicle shall be plied in such manner, as may be determined hicle, the lessor shall be required to apply conveyed on any subsequent title, including by the Secretary to indicate that the part for a salvage title or nonrepairable vehicle a duplicate or replacement title, for the pas- has been rebuilt or remanufactured. certificate not later than 21 days after being senger motor vehicle issued by the original ‘‘(iv) With respect to any vehicle part, the notified by the lessee that the vehicle has titling State or any other State. regulations issued under this subsection been so damaged, except in any case in which ‘‘(C) SECURITY STANDARDS.—The title docu- shall— an insurance company, under a damage set- ments, the certificates and decals required ‘‘(I) acknowledge that a mark or vehicle tlement, acquires ownership of the vehicle. by section 33301(4), and the system for issu- identification number on such part may be The lessee of such vehicle shall be required ing those documents, certificates, and decals legally removed or altered, as provided under to inform the lessor that the leased vehicle shall meet security standards that minimize section 511 of title 18, United States Code; has been so damaged not later than 30 days opportunities for fraud. and after the occurrence of the damage. ‘‘(D) IDENTIFYING INFORMATION.—Each cer- ‘‘(II) direct inspectors to adopt such proce- ‘‘(v)(I) any person who requires ownership tificate of title referred to in subparagraph dures as may be necessary to prevent the sei- of a damaged passenger motor vehicle that (A) shall include the passenger motor vehicle zure of a part from which the mark or vehi- meets the definition of a salvage or non- make, model, body type, year, odometer dis- cle identification number has been legally repairable vehicle for which a salvage title closure, and vehicle identification number. removed or altered. or nonrepairable vehicle certificate has not ‘‘(E) UNIFORM LAYOUT.—The title docu- ‘‘(v) The Secretary shall establish nation- been issued, shall be required to apply for a ments covered under the regulations shall ally uniform safety inspection criteria to be salvage title or nonrepairable vehicle certifi- maintain a uniform layout, that shall be es- used in States that require such a safety in- cate, whichever is applicable. tablished by the Secretary, in consultation spection. A State may determine whether to ‘‘(II) An application under subclause (I) with each State or an organization that rep- conduct such safety inspection, contract shall be made the earlier of— resents States. with a third party, or permit self-inspection. ‘‘(a) the date on which the vehicle is fur- ‘‘(F) NONREPAIRABLE VEHICLES.—A pas- Any inspection conducted under this clause ther transferred; or senger motor vehicle designated as non- shall be subject to criteria established by the ‘‘(b) 30 days after ownership is acquired. repairable— Secretary. A State that requires a safety in- ‘‘(III) The requirements of this clause shall ‘‘(i) shall be issued a nonrepairable vehicle spection under this clause may require the not apply to any scrap metal processor certificate; and payment of a fee for such inspection or the that— ‘‘(ii) may not be retitled. processing of such inspection. ‘‘(a) acquires a passenger motor vehicle for the sole purpose of processing the motor ve- ‘‘(G) REBUILT SALVAGE TITLE.—No rebuilt ‘‘(I) DUPLICATE TITLES.—No duplicate or re- salvage title may be issued to a salvage vehi- placement title may be issued by a State un- hicle into prepared grades of scrap; and ‘‘(b) carries out that processing. cle unless, after the salvage vehicle is re- less— ‘‘(vi) State records shall note when a non- paired or rebuilt, the salvage vehicle com- ‘‘(i) the term ‘duplicate’ is clearly marked repairable vehicle certificate is issued. No plies with the requirements for a rebuilt sal- on the face of the duplicate or replacement State shall issue a nonrepairable vehicle cer- vage vehicle under section 33301(4). title; and tificate after 2 transfers of ownership in vio- ‘‘(H) INSPECTION PROGRAMS.—Each State ‘‘(ii) the procedures issued are substan- inspection program shall be designed to com- lation of section 33301(b)(7)(B). tially consistent with the recommendation ‘‘(vii)(I) In any case in which a passenger ply with the requirements of this subpara- designated as recommendation 3 in the re- graph and shall be subject to approval and motor vehicle has been flattened, baled, or port issued on February 10, 1994, under sec- shredded, whichever occurs first, the title or periodic review by the Secretary. Each such tion 140 of the Anti Car Theft Act of 1992 (15 inspection program shall include the follow- nonrepairable vehicle certificate for the ve- U.S.C. 2041 note) by the task force estab- hicle shall be surrendered to the State not ing: lished under such section. ‘‘(i) Each owner of a passenger motor vehi- later than 30 days after that occurrence. ‘‘(J) TITLING AND CONTROL METHODS.—Each cle that submits a vehicle for an antitheft ‘‘(II) If the second transferee on a non- State shall employ the following titling and inspection shall be required to provide— repairable vehicle certificate is unequipped control methods: ‘‘(I) a completed document identifying the to flatten, bale, or shred the vehicle, such ‘‘(i) If an insurance company is not in- damage that occurred to the vehicle before transferee shall be required, at the time of volved in a damage settlement involving a being repaired; final disposal of the vehicle, to use the serv- ‘‘(II) a list of replacement parts used to re- salvage vehicle or a nonrepairable vehicle, ices of a professional automotive recycler or pair the vehicle; the passenger motor vehicle owner shall be professional scrap processor. That recycler ‘‘(III) proof of ownership of the replace- required to apply for a salvage title or non- or reprocessor shall have the authority to— ment parts referred to in subclause (II) (as repairable vehicle certificate, whichever is ‘‘(a) flatten, bale, or shred the vehicle; and evidenced by bills of sales, invoices or, if applicable, before the earlier of the date— ‘‘(b) effect the surrender of the nonrepair- such documents are not available, other ‘‘(I) on which the passenger motor vehicle able vehicle certificate to the State on be- proof of ownership for the replacement is repaired or the ownership of the passenger half of the second transferee. parts); and motor vehicle is transferred; or ‘‘(III) State records shall be updated to in- ‘‘(IV) an affirmation by the owner that— ‘‘(II) that is 30 days after the passenger dicate the destruction of a vehicle under this ‘‘(a) the information required to be submit- motor vehicle is damaged. clause and no further ownership transactions ted under this subparagraph is complete and ‘‘(ii) If an insurance company, under a for the vehicle shall be permitted after the accurate; and damage settlement, acquires ownership of a vehicle is so destroyed. ‘‘(b) to the knowledge of the declarant, no passenger motor vehicle that has incurred ‘‘(IV) If different from the State of origin stolen parts were used during the rebuilding damage requiring the vehicle to be titled as of the title or nonrepairable vehicle certifi- of the repaired vehicle. a salvage vehicle or nonrepairable vehicle, cate, the State of surrender shall notify the June 9, 1997 CONGRESSIONAL RECORD — SENATE S5417 State of origin of the surrender of the title the individual who conducts the applicable ‘‘(C) a certificate verifying an antitheft in- or nonrepairable vehicle certificate and of State antitheft inspection. spection or an antitheft and safety inspec- the destruction of such vehicle. ‘‘(b) REMOVAL, ALTERATION, OR ILLEGIBIL- tion; or ‘‘(viii)(I) In any case in which a salvage ITY OF REQUIRED LABEL.—No person shall ‘‘(D) a decal affixed to a passenger motor title is issued, the State records shall note willfully remove, alter, or render illegible vehicle under section 33302(b)(2)(J)(ix); that issuance. No State may permit the re- any label required by subsection (a) affixed ‘‘(4) falsify the results of, or provide false titling for registration purposes or issuance to a rebuilt or remanufactured salvage vehi- information in the course of, an inspection of a rebuilt salvage title for a passenger cle before the vehicle is delivered to the ac- conducted under section 33302(b)(2)(H); motor vehicle with a salvage title without a tual custody and possession of the ultimate ‘‘(5) offer to sell any salvage vehicle or certificate of inspection that— purchaser of the vehicle. non-repairable vehicle as a rebuilt salvage ‘‘(a) complies with the security and guide- ‘‘§ 33304. Petition for extensions of time vehicle; or line standards established by the Secretary ‘‘(6) conspire to commit any act under ‘‘(a) IN GENERAL.—Subject to subsection under subparagraphs (C) and (G), as applica- (b), if a State demonstrates to the satisfac- paragraph (1), (2), (3), (4), or (5). ble; and tion of the Secretary, a valid reason for ‘‘(b) CIVIL PENALTY.—Any person who com- ‘‘(b) indicates that the vehicle has passed needing an extension of a deadline for com- mits an unlawful act under subsection (a) the inspections required by the State under pliance with requirements under section shall be subject to a civil penalty in an subparagraph (H). 33302(a), the Secretary may extend, for a pe- amount not to exceed $2,000. ‘‘(II) Nothing is this clause shall preclude riod determined by the Secretary, an other- ‘‘(c) CRIMINAL PENALTY.—Any person who the issuance of a new salvage title for a sal- wise applicable deadline with respect to that knowingly commits an unlawful act under vage vehicle after a transfer of ownership. State. subsection (a) shall, upon conviction, be— ‘‘(ix) After a passenger motor vehicle titled ‘‘(b) LIMITATION.—No extension made under ‘‘(1) subject to a fine in an amount not to with a salvage title has passed the inspec- subsection (a) shall remain in effect on or exceed $50,000; tions required by the State, the inspection after the applicable compliance date estab- ‘‘(2) imprisoned for a term not to exceed 3 official shall— lished under section 33302(b). years; or ‘‘(I) affix a secure decal required under sec- ‘‘(3) subject to both fine under paragraph tion 33301(4) (that meets permanency re- ‘‘§ 33305. Effect on State law (1) and imprisonment under paragraph (2).’’. quirements that the Secretary shall estab- ‘‘(a) IN GENERAL.—Beginning on the effec- (b) CONFORMING AMENDMENT.—The analysis lish by regulation) to the door jamb on the tive date of the regulations issued under sec- for subtitle VI of Title 49, United States driver’s side of the vehicle; and tion 33302, this chapter shall preempt any Code, is amended by adding at the end the ‘‘(II) issue to the owner of the vehicle a State law, to the extent that State law is in- following new item: certificate indicating that the passenger consistent with this chapter or the regula- ‘‘Automobile safety, antitheft, and title dis- motor vehicle has passed the inspections re- tions issued under this chapter that— closure requirements 33301’’. quired by the State. ‘‘(1) establish the form of the passenger ‘‘(x)(I) The owner of a passenger motor ve- motor vehicle title; hicle titled with a salvage title may obtain a ‘‘(2)(A) define, in connection with a pas- By Mr. D’AMATO (by request): rebuilt salvage title and vehicle registration senger motor vehicle (but not in connection S. 853. A bill to protect the financial by presenting to the State the salvage title, with a passenger motor vehicle part or part interests of the Federal Government properly assigned, if applicable, along with assembly separate from a passenger motor through debt restructuring and subsidy the certificate that the vehicle has passed vehicle)— reduction in connection with multi- the inspections required by the State. ‘‘(i) any term defined in section 33301; family housing; to enhance the effec- ‘‘(II) If the owner of a rebuilt salvage vehi- ‘‘(ii) the term ‘salvage’, ‘junk’, ‘recon- tiveness of enforcement provisions re- cle submits the documentation referred to in structed’, ‘nonrepairable’, ‘unrebuildable’, lating to single family and multifamily subclause (I), the State shall issue upon the ‘scrap’, ‘parts only’, ‘rebuilt’, ‘flood’, or any request of the owner a rebuilt salvage title other similar symbol or term; or housing (including amendments to the and registration to the owner. When a re- ‘‘(B) apply any of the terms referred to in Bankruptcy Code); to consolidate and built salvage title is issued, the State subparagraph (A) to any passenger motor ve- reform the management of multifamily records shall so note. hicle (but not in connection with a passenger housing programs; and for other pur- ‘‘(K) FLOOD VEHICLES.— motor vehicle part or part assembly separate poses; to the Committee on Banking, ‘‘(i) IN GENERAL.—A seller of a passenger from a passenger motor vehicle); or Housing, and Urban Affairs. motor vehicle that becomes a flood vehicle ‘‘(3) establish titling, recordkeeping, THE HOUSING 2020: MULTIFAMILY MANAGEMENT shall, at or before the time of transfer of antitheft inspection, or control procedures in REFORM ACT ownership, provide a written notice to the connection with any salvage vehicle, rebuilt purchaser that the vehicle is a flood vehicle. salvage vehicle, nonrepairable vehicle, or ∑ Mr. D’AMATO. Mr. President, as At the time of the next title application for flood vehicle. chairman of the Committee on Bank- the vehicle— ‘‘(b) ADDITIONAL DISCLOSURES.—Additional ing, Housing, and Urban Affairs, I in- ‘‘(I) the applicant shall disclose the flood disclosures of the title status or history of a troduce the Housing 2020: Multifamiy status to the applicable State with the prop- motor vehicle, in addition to disclosures Management Reform Act at the re- erly assigned title; and made concerning the applicability of terms quest of the Secretary of the Depart- ‘‘(II) the term ‘flood’ shall be conspicu- defined in section 33301, may not be consid- ment of Housing and Urban Develop- ously labeled across the front of the new ered to be inconsistent with this chapter. title document. ‘‘(c) DISCLOSURE OF SAFETY INSPECTION.— ment [HUD], the Honorable Andrew M. ‘‘(ii) LEASED VEHICLES.—In the case of a Nothing in this chapter shall preclude a Cuomo. leased passenger motor vehicle, the lessee, State from disclosing on a rebuilt salvage I am a cosponsor of separate legisla- within 15 days after the occurrence of the title that a rebuilt salvage vehicle has tion to reform HUD’s multifamily event that caused the vehicle to become a passed a State safety inspection that differed housing inventory, the Multifamily As- flood vehicle, shall give the lessor written from the nationally uniform criteria promul- sisted Housing Reform and Afford- disclosure that the vehicle is a flood vehicle. gated under section 33302(b)(2)(H)(v). ability Act of 1997 (S. 513). While the ‘‘(c) ELECTRONIC PROCEDURES.—A State ‘‘(d) STATE ENFORCEMENT.—Subsection (a) Senate and the administration bills may employ electronic procedures in lieu of does not preclude a State from enforcing the paper documents in any case in which such provisions of this chapter by injunction or share the same objectives, some policy electronic procedures provided levels of in- otherwise, or by establishing State civil or differences exist. Specifically, each bill formation, function, and security required criminal penalties for violations of the pro- takes a significantly different ap- by this section that are at least equivalent visions of this chapter. proach to the following key issues: to the levels otherwise provided by paper ‘‘§ 33306. Civil and criminal penalties project-basing versus tenant-basing; documents. ‘‘(a) PROHIBITED ACTS.—It shall be unlawful tax implications of debt restructuring; ‘‘§ 33303. Label requirement for any person knowingly and willfully to— and use of third parties to administer ‘‘(a) IN GENERAL.—The Secretary shall by ‘‘(1) make or cause to be made any false the restructuring program. regulation require that a label be affixed to statement on an application for a title (or I look forward to working with my the windshield or window of a rebuilt or re- duplicate title) for a passenger motor vehi- colleagues in the Senate and Secretary manufactured salvage vehicle before its first cle; Cuomo to resolve HUD’s multifamily sale at retail containing such information ‘‘(2) fail to apply for a salvage title in any regarding that vehicle as the Secretary may case in which such an application is re- housing crisis as expeditiously as pos- require. The requirements prescribed by the quired; sible.∑ Secretary under this subsection shall be ‘‘(3) alter, forge, or counterfeit— similar to the requirements of section 3 of ‘‘(A) A certificate of title (or an assign- By Mr. GREGG (for himself, Mr. the Automobile Information Disclosure Act ment thereof); FORD, Mr. GRAHAM, and Mr. (15 U.S.C. 1232). The label shall be affixed by ‘‘(B) a nonrepairable vehicle certificate; HAGEL): S5418 CONGRESSIONAL RECORD — SENATE June 9, 1997 S. 854. A bill to amend the Internal I ask unanimous consent that the bill ‘‘(d) ESTATES AND TRUSTS.—In the case of Revenue Code of 1986 to provide a re- be printed in the RECORD. an estate or trust, the deduction under sub- duction in the capital gains tax for as- There being no objection, the bill was section (a) shall be computed by excluding the portion (if any) of the gains for the tax- sets held more than 2 years, and for ordered to be printed in the RECORD, as able year from sales or exchanges of capital other purposes; to the Committee on follows: assets which, under sections 652 and 662 (re- Finance. S. 854 lating to inclusions of amounts in gross in- THE LONG-TERM INVESTMENT ACT OF 1997 Be it enacted by the Senate and House of Rep- come of beneficiaries of trusts), is includible Mr. GREGG. Mr. President, I intro- resentatives of the United States of America in by the income beneficiaries as gain derived duce, with Senators FORD, HAGEL, and Congress assembled, from the sale or exchange of capital assets. GRAHAM a sliding-scale capital gains SECTION 1. SHORT TITLE; AMENDMENT OF 1986 ‘‘(e) COORDINATION WITH TREATMENT OF proposal, the Long-Term Investment CODE. CAPITAL GAIN UNDER LIMITATION ON INVEST- MENT INTEREST.—For purposes of this sec- Act of 1997. Given the sobering demo- (a) SHORT TITLE.—This Act may be cited as the ‘‘Long-Term Investment Incentive Act of tion, the net capital gain for any taxable graphics associated with the impending 1997’’. year shall be reduced (but not below zero) by aging of the baby-boom generation, it (b) AMENDMENT OF 1986 CODE.—Except as the amount which the taxpayer takes into is more important than ever that laws otherwise expressly provided, whenever in account as investment income under section enacted by Congress promote long- this Act an amendment or repeal is ex- 163(d)(4)(B)(iii). term capital investment and savings by pressed in terms of an amendment to, or re- ‘‘(f) TREATMENT OF COLLECTIBLES.— all Americans. peal of, a section or other provision, the ref- ‘‘(1) IN GENERAL.—Solely for purposes of Central to this objective is a reduc- erence shall be considered to be made to a this section, any gain or loss from the sale or tion in the current capital gains tax section or other provision of the Internal exchange of a collectible shall be treated as rate on long-term investments. A cap- Revenue Code of 1986. a short-term capital gain or loss (as the case may be), without regard to the period such ital gains reduction was agreed to in SEC. 2. REDUCTION OF TAX ON LONG-TERM CAP- ITAL GAINS ON ASSETS HELD MORE asset was held. The preceding sentence shall principle in the budget agreement. We THAN 2 YEARS. apply only to the extent the gain or loss is have a proposal that we believe em- (a) IN GENERAL.—Part I of subchapter P of taken into account in computing taxable in- bodies a fundamental change in tax chapter 1 (relating to treatment of capital come. policy at less cost. Over the next 10 gains) is amended by redesignating section ‘‘(2) TREATMENT OF CERTAIN SALES OF IN- years, S. 2 will cost $129 billion, while 1202 as section 1203 and by inserting after TEREST IN PARTNERSHIP, ETC.—For purposes Gregg/Ford will cost $45 billion. section 1201 the following new section: of paragraph (1), any gain from the sale or We have developed a plan that would ‘‘SEC. 1202. CAPITAL GAINS DEDUCTION FOR AS- exchange of an interest in a partnership, S encourage long-term investments SETS HELD BY NONCORPORATE TAX- corporation, or trust which is attributable to PAYERS MORE THAN 2 YEARS. unrealized appreciation in the value of col- through a sliding-scale capital gains ‘‘(a) GENERAL RULE.—If a taxpayer other lectibles held by such entity shall be treated rate reduction. The plan would encour- than a corporation has a net capital gain for as gain from the sale or exchange of a col- age individuals to hold assets over a any taxable year, there shall be allowed as a lectible. Rules similar to the rules of section number of years, allowing no reduction deduction an amount equal to the sum of the 751(f) shall apply for purposes of the preced- in the current rate on assets held for applicable percentages of the classes of net ing sentence. less than 1 year, with increasingly capital gain described in the table under sub- ‘‘(3) COLLECTIBLE.—For purposes of this larger deductions to a maximum 50 per- section (b). subsection, the term ‘collectible’ means any ‘‘(b) APPLICABLE PERCENTAGE.—For pur- cent reduction for investments held capital asset which is a collectible (as de- poses of this subsection, the applicable per- fined in section 408(m) without regard to more than 8 years. centage shall be the percentage determined This sliding-scale plan encourages in- paragraph (3) thereof). in accordance with the following table: ‘‘(g) TRANSITIONAL RULE.— vestments that will benefit long-term The applicable ‘‘(1) IN GENERAL.—Gain may be taken into savings and capital—such as providing ‘‘In the case of: percentage is: account under subsection (c) only if such for a child’s education or retirement 2-year gain ...... 7.145 gain is properly taken into account on or income. The bill also rewards the small 3-year gain ...... 14.29 after May 7, 1997. business owner and entrepreneurs as it 4-year gain ...... 21.45 ‘‘(2) SPECIAL RULES FOR PASS-THRU ENTI- 5-year gain ...... 28.57 TIES.— will allow for a significant reduction in 6-year gain ...... 35.71 capital gains taxation that benefits ‘‘(A) IN GENERAL.—In applying paragraph 7-year gain ...... 42.86 (1) with respect to any pass-thru entity, the those individuals who invest in the 8-year gain ...... 50.00. determination of when gains and losses are economy through the creation of small ‘‘(c) GAIN TO WHICH DEDUCTION APPLIES.— properly taken into account shall be made at businesses and jobs. By rewarding long- For purposes of this section— the entity level. term investment in businesses and job ‘‘(1) 2-YEAR GAIN.—The term ‘2-year gain’ ‘‘(B) PASS-THRU ENTITY DEFINED.—For pur- creation and discouraging the quick fix means the lesser of— poses of subparagraph (A), the term ‘pass- that so often is associated with specu- ‘‘(A) the net capital gain for the taxable thru entity’ means— lation on Wall Street, we will be plac- year, or ‘‘(i) a regulated investment company, ‘‘(B) the amount of long-term capital gain ‘‘(ii) a real estate investment trust, ing our Tax Code and job base on a which would be computed for the taxable more solid ground. ‘‘(iii) an S corporation, year if only gain from the sale or exchange ‘‘(iv) a partnership, The Gregg/Ford sliding-scale reduc- of property held by the taxpayer for more tion on capital gains taxation hinges ‘‘(v) an estate or trust, and than 2 years but not more than 3 years were ‘‘(vi) a common trust fund.’’ on balancing two important goals—the taken into account. (b) DEDUCTION ALLOWABLE IN COMPUTING promotion of savings and long-term in- ‘‘(2) 3-YEAR GAIN, ETC.—The terms ‘3-, 4-, ADJUSTED GROSS INCOME.—Subsection (a) of vestment through a significant capital 5-, 6-, or 7-year gain’ mean the amounts de- section 62 is amended by inserting after gains cut, while also recognizing our termined under paragraph (1)— paragraph (16) the following new paragraph: current fiscal restraints. ‘‘(A) by reducing the amount of the net ‘‘(17) LONG-TERM CAPITAL GAINS.—The de- The recent budget agreement reached capital gain under subparagraph (A) thereof duction allowed by section 1202.’’ between the President and Congress by an amount equal to the long-term capital (c) MAXIMUM CAPITAL GAINS RATE.—Sec- gain from the sale or exchange of property calls for a net tax cut of $85 billion and tion 1(h) is amended by adding at the end the with a holding period less than the minimum following new sentence: ‘‘For purposes of a gross tax cut of $135 billion over 5 holding period for any such category, and this subsection, taxable income shall be years. The details of how this tax pack- ‘‘(B) by substituting 3, 4, 5, 6, or 7 years for computed without regard to the deduction age should be put together will be 2 years and 4, 5, 6, 7, or 8 years for 3 years, allowed under section 1202.’’ worked out by the appropriate commit- respectively, in subparagraph (B) thereof. (d) TREATMENT OF CERTAIN PASS-THRU EN- tees in the House of Representatives ‘‘(3) 8-YEAR GAIN.—The term ‘8-year gain’ TITIES.— and the Senate. means the lesser of— (1) CAPITAL GAIN DIVIDENDS OF REGULATED The Clinton administration has indi- ‘‘(A) the net capital gain for the taxable INVESTMENT COMPANIES.— cated that it is for a capital gains rate year, reduced by in the same manner as (A) Subparagraph (B) of section 852(b)(3) is under paragraph (2)(A), or amended to read as follows: reduction, but not in favor of a rate ‘‘(B) the amount of the long-term capital ‘‘(B) TREATMENT OF CAPITAL GAIN DIVIDENDS that dips below 20 percent. I believe gain which would be computed for the tax- BY SHAREHOLDERS.—A capital gain dividend that this bill is a consensus building able year if only gain from the sale or ex- shall be treated by the shareholders as gain bill that both sides can and will agree change of property held by the taxpayer for from the sale or exchange of a capital asset upon in the not-too-distant future. more than 8 years were taken into account. held for more than 1 year but not more than June 9, 1997 CONGRESSIONAL RECORD — SENATE S5419 2 years; except that the portion of any such under this subsection consists of gain from The Ford-Gregg approach is a bipar- dividend designated by the company as allo- the sale or exchange of capital assets held tisan compromise that will allow the cable to 2-, 3-, 4-, 5-, 6-, 7-, or 8-year gain of for more than 1 year, proper adjustment tax cut package to move forward con- the company shall be treated as gain from shall be made for any deduction allowable to sistent with the budget deal. the sale or exchange of a capital asset held the estate or trust under section 1202 or any for the amount of years in such class for pur- exclusion allowable to the estate or trust The Ford-Gregg bill achieves the fol- poses of section 1202. Rules similar to the under section 1203(a). In the case of a trust, lowing objectives shared by all capital rules of subparagraph (C) shall apply to any the deduction allowed by this subsection gains cut advocates: designation under the preceding sentence.’’ shall be subject to section 681 (relating to First, it cuts the capital gains rate in (B) Clause (i) of section 852(b)(3)(D) is unrelated business income).’’ half for individuals; second, it does not amended by adding at the end the following (6) The last sentence of paragraph (3) of discriminate among types of assets; new sentence: ‘‘Rules similar to the rules of section 643(a) is amended to read as follows: and third, it keeps things relatively subparagraph (B) shall apply in determining ‘‘The deduction under section 1202 and the simple. character of the amount to be so included by exclusion under section 1203 shall not be In addition, the Ford-Gregg bill any such shareholder.’’ taken into account.’’ meets the following additional objec- (2) CAPITAL GAIN DIVIDENDS OF REAL ESTATE (7) Subparagraph (C) of section 643(a)(6) is INVESTMENT TRUSTS.—Subparagraph (B) of amended by inserting ‘‘(i)’’ before ‘‘there tives: section 857(b)(3) is amended to read as fol- shall’’ and by inserting before the period ‘‘, First, it costs less than half as much lows: and (ii) the deduction under section 1202 (re- as the major capital gains proposals; ‘‘(B) TREATMENT OF CAPITAL GAIN DIVIDENDS lating to capital gains deduction) shall not second, it rewards long-term invest- BY SHAREHOLDERS.—A capital gain dividend be taken into account’’. ment over short-term speculation; and shall be treated by the shareholders or hold- (8) Paragraph (4) of section 691(c) is amend- third, it’s bipartisan. ers of beneficial interests as gain from the ed by striking ‘‘sections 1(h), 1201, and 1211’’ Remember, the budget agreement sale or exchange of a capital asset held for and inserting ‘‘sections 1(h), 1201, 1202, and calls for $250 billion in net tax cuts more than 1 year but not more than 2 years; 1211’’. except that the portion of any such dividend (9) The second sentence of section 871(a)(2) over 10 years. According to the Joint designated by the company as allocable to is amended by inserting ‘‘or 1203’’ after Tax Committee, the major capital 2-, 3-, 4-, 5-, 6-, 7-, or 8-year gain of the com- ‘‘1202’’. gains proposal pending in the Senate pany shall be treated as gain from the sale or (10) Subsection (d) of section 1044 is amend- (S. 2) would cost $129 billion over 10 exchange of a capital asset held for the ed by striking ‘‘1202’’ and inserting ‘‘1203’’. years—eating up more than one-half of amount of years in such class for purposes of (11) Paragraph (1) of section 1402(i) is the net tax cut amount. On the other section 1202. Rules similar to the rules of amended by inserting ‘‘, and the deduction hand, the Joint Tax Committee esti- subparagraph (C) shall apply to any designa- provided by section 1202 shall not apply’’ be- mates that the Ford-Gregg sliding tion under the preceding sentence.’’ fore the period at the end thereof. (3) COMMON TRUST FUNDS.—Subsection (c) (f) CLERICAL AMENDMENT.—The table of scale proposal would cost only $45.2 bil- of section 584 is amended— sections for part I of subchapter P of chapter lion over 10 years. (A) by inserting ‘‘and not more than 2 1 is amended by inserting after the item re- This is a better approach. It is a bi- years’’ after ‘‘1 year’’ each place it appears lating to section 1201 the following new item: partisan approach. It’s better public in paragraph (2), ‘‘Sec. 1202. Capital gains deduction for assets policy because it rewards long-term in- (B) by striking ‘‘and’’ at the end of para- held by noncorporate taxpayers vestment. It costs less than half as graph (2), and more than 2 years.’’ much. And it will make life a whole lot (C) by redesignating paragraph (3) as para- (g) EFFECTIVE DATE.— easier for the tax writing committees graph (4) and inserting after paragraph (2) (1) IN GENERAL.—Except as otherwise pro- the following new paragraph: in the weeks ahead. And that is the vided in this subsection, the amendments ‘‘(3) as part of its gains from sales or ex- message we will be delivering as the made by this section shall apply to taxable changes of capital assets held for periods de- final tax package is being written. years ending on and after May 7, 1997. scribed in the classes of gains under section (2) CONTRIBUTIONS.—The amendment made 1202(c), its proportionate share of the gains By Mr. FAIRCLOTH (for himself, by subsection (e)(1) shall apply to contribu- of the common trust fund from sales or ex- Mr. HAGEL, Mr. SHELBY, and tions on or after May 7, 1997. changes of capital assets held for such peri- Mr. HUTCHINSON): ods, and’’. Mr. FORD. Madam President, we are S. 855. A bill to provide for greater (e) TECHNICAL AND CONFORMING CHANGES.— all familiar with the parameters of the responsiveness by Federal agencies in (1) Subparagraph (B) of section 170(e)(1) is upcoming tax debate. The budget deal contracts with the public, and for other amended by inserting ‘‘(or, in the case of a provides for $85 billion in net tax cuts taxpayer other than a corporation, the per- purposes; to the Committee on Govern- over 5 years, and $250 billion in net tax mental Affairs. centage of such gain equal to 100 percent cuts over 10 years. minus the percentage applicable to such gain Within those dollar limits, there’s a THE RESPONSIVE GOVERNMENT ACT under section 1202(a))’’ after ‘‘the amount of strong desire to provide tax cuts in Mr. FAIRCLOTH. Mr. President, I gain’’. rise to introduce the Responsive Gov- (2) Subparagraph (B) of section 172(d)(2) is four areas: first, capital gains relief, second, estate tax relief, third, a $500- ernment Act, and I am joined by the amended to read as follows: junior Senator from Nebraska, the sen- ‘‘(B) the deduction under section 1202 and per-child tax credit, and fourth, edu- the exclusion under section 1203 shall not be cation tax initiatives. But if you add ior Senator from Alabama, and the jun- allowed.’’ up all the current proposals in each of ior Senator from Arkansas. (3)(A) Section 221 (relating to cross ref- these areas, you go way over the $250 The Responsive Government Act pro- erence) is amended to read as follows: billion mark set by the budget deal. poses six simple, but important, re- ‘‘SEC. 221. CROSS REFERENCES. Cheaper alternatives must be found. forms to make the Federal work force ‘‘(1) For deduction for net capital gains in I have had an interest for several more responsive to the American peo- the case of a taxpayer other than a corpora- years in providing capital gains relief ple and their concerns. tion, see section 1202. for family farmers and small family First, the Responsive Government ‘‘(2) For deductions in respect of a dece- businesses where the parents wish to Act will require all Federal agencies to dent, see section 691.’’ include the telephone number of the (B) The table of sections for part VII of pass along to their children the oper- subchapter B of chapter 1 is amended by ation of the farm or the business. writer on all official correspondence. striking ‘‘reference’’ in the item relating to Earlier this year, Senator GREGG and Too often, people receive letters from section 221 and inserting ‘‘references’’. I each introduced capital gains tax re- Federal agencies that have a return ad- (4) The last sentence of section 453A(c)(3) is duction legislation which was based on dress, but no telephone number. In to- amended by striking all that follows ‘‘long- a similar objective: The longer you day’s busy world, not everyone has term capital gain,’’ and inserting ‘‘the maxi- have held an asset, the lower your cap- time to write a letter to respond to the mum rate on net capital gain under section ital gains rate will be. We call this the reams of mail from Federal bureau- 1(h) or 1201 or the deduction under section sliding scale capital gains tax reduc- crats. 1202 (whichever is appropriate) shall be taken Mr. President, there are few busi- into account.’’ tion. Since then, we have gotten to- (5) Paragraph (4) of section 642(c) is amend- gether, and produced a product which nesses that would send out a letter ed to read as follows: we believe combines the vest features without a telephone number, and the ‘‘(4) ADJUSTMENTS.—To the extent that the of both of our bills. And we’re introduc- Government should not be unaccount- amount otherwise allowable as a deduction ing that legislation today. able to its customers. S5420 CONGRESSIONAL RECORD — SENATE June 9, 1997 The act also requires Federal offices This device lets the worker strike a agencies must always treat taxpayers to provide a person—not an automated single keystroke and transform the with courtesy and respect. computer system—to answer the main computer screen from the game to a This bill is a small but important telephone number at service-oriented false spreadsheet. The sole purpose of step toward creating a service-oriented offices. this device is to hide unproductive be- climate in the Federal Government. The Federal Government is here to havior from supervisors. Americans deserve no less. serve the taxpayers. These Federal Mr. President, there is no reason for I urge my colleagues to support this agencies should not greet taxpayers the Federal Government to buy com- legislation. with a voice-mail system to screen puters with programs designed to di- By Mr. ROBB: their calls. vert employees’ attention from their Mr. President, the taxpayers are en- S. 856. A bill to provide for the adju- jobs. dication and payment of certain claims titled to a voice on the other end of the This is a commonsense reform. against the Government of Iraq; to the line to assist them, not a machine that Governor George Allen of Virginia Committee on Foreign Relations. tells them to leave a message. and former Labor Secretary Robert The Responsive Government Act also Reich ordered workers to delete these THE IRAQI CLAIMS ACT OF 1997 Mr. ROBB. Mr. President, nearly 7 requires Federal agencies to answer the game programs. I commend them for years ago President Bush invoked telephones until 5 p.m. Too often, Mr. their actions. emergency economic sanctions against President, I hear constituents tell me I ran for the Senate in 1992 because I Iraq for its invasion of Kuwait. Freez- that they just can’t get Federal agen- wanted to bring some common sense— ing Iraqi financial assets made sense at cies to pick up the phone after 4. This and private-sector experience—to the time because it prevented Saddam just is not right. The Federal Govern- Washington. Hussein from funding his war cam- ment is too large, and, unfortunately, I want to see a Federal Government paign. Now, we need to take steps to that means that citizens are forced that is responsive to the citizens. This unwind the sanctions regime to permit into frequent contacts with Federal bill addresses practices that would ruin payment to United States businesses agencies. It should not be impossible to private-sector businesses. who sold products to Iraq but have get in touch with Federal employees. There is no reason that Government never been paid. It should be as easy to get in touch should be less accountable to its cus- with them as with businesses. The Act Four years ago this month I intro- tomers. duced legislation—S. 1119, the Secured also requires Federal agencies to pub- Mr. HAGEL. Mr. President, I rise lish their principal telephone numbers Payment Act of 1993—with 13 biparti- today in support of the Responsive san cosponsors achieving that purpose. in the local directories. Government Act. I am proud to be the Of course, the blue pages list many The bill clarified that certain moneys principal cosponsor of this legislation, on deposit in United States banks be- Federal agencies, but not all of them. and I commend my colleague from This is an important distinction. We long to United States companies, not North Carolina, Senator FAIRCLOTH, for Iraq, and therefore should not be sub- need complete disclosure, Mr. Presi- his leadership in introducing this bill. dent, and all agencies need to publish ject to the Iraqi assets freeze. Amend- This bill would make Government ment language similar to S. 1119 was their numbers for the benefit of the agencies more responsive to the people public. appended to the last State Department who use their services. It is a narrow Authorization bill following a rollcall These agencies also need to attempt and targeted approach that addresses to locate service-oriented offices in vote in the Foreign Relations Commit- several of the most common com- tee and approved by the full Senate. areas with sufficient parking. plaints that Americans have about the Too often, new agency offices are lo- Unfortunately, the language was service they receive from Government dropped in conference, leaving this cated in areas with limited public agencies. parking. There is often room for em- matter unresolved. This bill would make the Federal The legislation I am introducing ployee parking, but not for the public, Government more user-friendly by re- and that cannot continue. today represents a compromise on cre- quiring all Federal agencies to: ating a settlement process for private Finally, Mr. President, the Respon- Include the telephone number of the sive Government Act requires all Fed- preinvasion claims. The Iraq Claims author on all official correspondence so Act of 1997 I believe takes a progressive eral agencies to remove computer citizens know whom to contact and games from all Federal Government step forward in disseminating the $1.2 how to reach that person if there are billion in frozen assets. computers. questions; These computers are for work, not First, it vests currently blocked as- Provide a person, not an automated fun, and the taxpayers are footing the sets in the President. Second, an Iraq system, to answer the main telephone bill for fun on the job. Claims Fund will be created by the The Federal Government spent close number at service-oriented Federal Treasury Department where those as- to $20 billion last year on computer agencies so citizens do not have to talk sets will be deposited. Third, within 2 equipment and support services. These to a machine; years of enactment of the legislation, Ensure that telephones are answered systems increase productivity in most payment on private claims—certified until 5 p.m. so citizens can get assist- cases. by the Foreign Claims Settlement However, many of these computers ance by phone during normal business Commission—will be made out of the are delivered already equipped with hours; fund. Fourth, after payment has been game programs, which reduce workers’ Publish principal telephone numbers made in full on all private claims, any efficiency and productivity. in the local directories so citizens can funds remaining shall be made avail- This legislation will prohibit the readily find how to reach the agency; able to satisfy claims of the U.S. Gov- Federal Government from purchasing Attempt to locate service-oriented ernment. computers with preloaded game pro- offices in areas with sufficient parking Mr. President, although much of the grams. so citizens can come and go easily debate over my previous legislation These games, of course, decrease the when doing business; and concerned the minutiae of letter of productivity of Federal employees. Remove computer games from all credit law, international business In fact, a private-sector survey found Federal Government computers so Fed- transactions, and economic emergency that workers spent an average of 5.1 eral employees are not distracted from powers, the Iraq Claims Act of 1997 lays hours per week playing games and their jobs. aside those issues and establishes an other non-job-related tasks on their Mr. President, I ran for the U.S. Sen- equitable procedure for considering computers. This translates into an an- ate because I believe we need less Gov- claims on a prioritized basis. While I nual $10 billion loss in productivity. ernment. I also believe that we must understand that the administration is Clearly, then, these games do not go make our Government better and more working on a proposal for similar legis- unused. efficient. Federal agencies must al- lation on Iraq claims, I would encour- In fact, many of these games now ways—always—be as user-friendly as age the State and Treasury Depart- come equipped with a boss key. possible for our citizens. Government ments to reevaluate their concerns June 9, 1997 CONGRESSIONAL RECORD — SENATE S5421 about the approach I am proposing. I TITLE IV—CENTRAL INTELLIGENCE (1) AUTHORIZATION.—There is authorized to would submit that this legislation is AGENCY be appropriated for the Community Manage- the most suitable, and politically via- Sec. 401. Multiyear leasing authority. ment Account of the Director of Central In- ble, compromise available to come to Sec. 402. Subpoena authority for the Inspec- telligence for fiscal year 1998 the sum of tor General of the Central In- $90,580,000. closure on this issue. telligence Agency. (2) AVAILABILITY OF CERTAIN FUNDS.—With- Mr. President, these frozen assets TITLE V—DEPARTMENT OF DEFENSE in such amount, funds identified in the clas- were blocked to prevent Iraq from INTELLIGENCE ACTIVITIES sified Schedule of Authorizations referred to using the funds to support its aggres- Sec. 501. Academic degrees in intelligence. in section 102(a) for the Advanced Research sion against Kuwait and its allies. That Sec. 502. Funding for infrastructure and and Development Committee and the Envi- freeze—designed to hurt Iraq—is now quality of life improvements at ronmental Intelligence and Applications hurting American companies. Some of Menwith Hill and Bad Aibling Program shall remain available until Sep- those firms were a mere electronic stations. tember 30, 1999. (b) AUTHORIZED PERSONNEL LEVELS.—The transfer, a keystroke on a computer, Sec. 503. Misuse of National Reconnaissance Office name, initials, or seal. elements within the Community Manage- away from receiving their payments TITLE I—INTELLIGENCE ACTIVITIES ment Account of the Director of Central In- when the emergency freeze was im- telligence are authorized a total of 278 full- posed. After 7 years, it is time to act SEC. 101. AUTHORIZATION OF APPROPRIATIONS. time personnel as of September 30, 1998. Per- Funds are hereby authorized to be appro- sonnel serving in such elements may be per- expeditiously in their favor. priated for fiscal year 1998 for the conduct of manent employees of the Community Man- the intelligence and intelligence-related ac- agement Account element or personnel de- By Mr. SHELBY: tivities of the following elements of the tailed from other elements of the United S. 858. An original bill to authorize United States Government: States Government. appropriations for fiscal year 1998 for (1) The Central Intelligence Agency. (c) CLASSIFIED AUTHORIZATIONS.— intelligence and intelligence-related (2) The Department of Defense. (1) AUTHORIZATION OF APPROPRIATIONS.—In activities of the United States Govern- (3) The Defense Intelligence Agency. addition to amounts authorized to be appro- ment, and Community Management (4) The National Security Agency. priated for the Community Management Ac- Account, and the Central Intelligence (5) The Department of the Army, the De- count by subsection (a), there is also author- Agency Retirement and Disability Sys- partment of the Navy, and the Department ized to be appropriated for the Community of the Air Force. tem, and for other purposes; from the Management Account for fiscal year 1998 (6) The Department of State. such additional amounts as are specified in Select Committee on Intelligence; (7) The Department of the Treasury. placed on the calendar. the classified Schedule of Authorizations re- (8) The Department of Energy. ferred to in section 102(a). (9) The Federal Bureau of Investigation. THE INTELLIGENCE AUTHORIZATION ACT FOR (2) AUTHORIZATION OF PERSONNEL.—In addi- FISCAL YEAR 1998 (10) The Drug Enforcement Administra- tion to the personnel authorized by sub- Mr. SHELBY. Mr. President, I ask tion. section (b) for elements of the Community unanimous consent that the text of the (11) The National Reconnaissance Office. Management Account as of September 30, (12) The National Imagery and Mapping 1998, there is hereby authorized such addi- bill be printed in the RECORD. Agency. There being no objection, the bill was tional personnel for such elements as of that SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- ordered to be printed in the RECORD, as date as is specified in the classified Schedule TIONS. of Authorizations. follows: (a) SPECIFICATIONS OF AMOUNTS AND PER- (3) CONSTRUCTION.—Authorizations in the SONNEL CEILINGS.—The amounts authorized S. 858 classified Schedule of Authorizations may to be appropriated under section 101, and the Be it enacted by the Senate and House of Rep- not be construed to increase authorizations authorized personnel ceilings as of Septem- resentatives of the United States of America in of appropriations or personnel for the Com- ber 30, 1998, for the conduct of the intel- Congress assembled, munity Management Account except to the ligence and intelligence-related activities of extent specified in the applicable paragraph SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the elements listed in such section, are those of this subsection. (a) SHORT TITLE.—This Act may be cited as specified in the classified Schedule of Au- the ‘‘Intelligence Authorization Act for Fis- (d) REIMBURSEMENT.—During fiscal year thorizations prepared to accompany the con- 1998, any officer or employee of the United cal Year 1998’’. ference report on the bill ll of the One (b) TABLE OF CONTENTS.—The table of con- States or member of the Armed Forces who Hundred Fifth Congress. is detailed to the staff of an element within tents for this Act is as follows: (b) AVAILABILITY OF CLASSIFIED SCHEDULE the Community Management Account from Sec. 1. Short title; table of contents. OF AUTHORIZATIONS.—The Schedule of Au- another element of the United States Gov- thorizations shall be made available to the TITLE I—INTELLIGENCE ACTIVITIES ernment shall be detailed on a reimbursable Committees on Appropriations of the Senate Sec. 101. Authorization of appropriations. basis, except that any such officer, em- and House of Representatives and to the Sec. 102. Classified schedule of authoriza- ployee, or member may be detailed on a non- President. The President shall provide for tions. reimbursable basis for a period of less than suitable distribution of the Schedule, or of Sec. 103. Personnel ceiling adjustments. one year for the performance of temporary appropriate portions of the Schedule, within Sec. 104. Community Management Account. functions as required by the Director of the Executive Branch. TITLE II—CENTRAL INTELLIGENCE Central Intelligence. AGENCY RETIREMENT AND DISABIL- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (a) AUTHORITY FOR ADJUSTMENTS.—With TITLE II—CENTRAL INTELLIGENCE AGEN- ITY SYSTEM the approval of the Director of the Office of CY RETIREMENT AND DISABILITY SYS- Sec. 201. Authorization of appropriations. Management and Budget, the Director of TEM TITLE III—GENERAL PROVISIONS Central Intelligence may authorize employ- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Sec. 301. Increase in employee compensation ment of civilian personnel in excess of the There is authorized to be appropriated for and benefits authorized by law. number authorized for fiscal year 1998 under the Central Intelligence Agency Retirement Sec. 302. Restriction on conduct of intel- section 102 when the Director of Central In- and Disability Fund for fiscal year 1998 the ligence activities. telligence determines that such action is sum of $196,900,000. Sec. 303. Detail of intelligence community necessary to the performance of important TITLE III—GENERAL PROVISIONS personnel. intelligence functions, except that the num- SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Sec. 304. Extension of application of sanc- ber of personnel employed in excess of the TION AND BENEFITS AUTHORIZED tions laws to intelligence ac- number authorized under such section may BY LAW. tivities. not, for any element of the intelligence com- Appropriations authorized by this Act for Sec. 305. Administrative location of the Of- munity, exceed two percent of the number of salary, pay, retirement, and other benefits fice of the Director of Central civilian personnel authorized under such sec- for Federal employees may be increased by Intelligence. tion for such element. such additional or supplemental amounts as Sec. 306. Encouragement of disclosure of (b) NOTICE TO INTELLIGENCE COMMITTEES.— may be necessary for increases in such com- certain information to Con- The Director of Central Intelligence shall pensation or benefits authorized by law. gress. promptly notify the Permanent Select Com- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- Sec. 307. Provision of information on violent mittee on Intelligence of the House of Rep- LIGENCE ACTIVITIES. crimes against United States resentatives and the Select Committee on The authorization of appropriations by citizens abroad to victims and Intelligence of the Senate whenever the Di- this Act shall not be deemed to constitute victims’ families. rector exercises the authority granted by authority for the conduct of any intelligence Sec. 308. Standards for spelling of foreign this section. activity which is not otherwise authorized names and places and for use of SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. by the Constitution or the laws of the United geographic coordinates. (a) AUTHORIZATION OF APPROPRIATIONS.— States. S5422 CONGRESSIONAL RECORD — SENATE June 9, 1997 SEC. 303. DETAIL OF INTELLIGENCE COMMUNITY President shall submit to Congress a report TITLE IV—CENTRAL INTELLIGENCE PERSONNEL. on the actions taken under subsection (a). AGENCY (a) DETAIL.— SEC. 307. PROVISION OF INFORMATION ON VIO- SEC. 401. MULTIYEAR LEASING AUTHORITY. (1) IN GENERAL.—Notwithstanding any LENT CRIMES AGAINST UNITED Section 5 of the Central Intelligence Agen- other provision of law, the head of a depart- STATES CITIZENS ABROAD TO VIC- cy Act of 1949 (50 U.S.C. 403f) is amended— ment or agency having jurisdiction over an TIMS AND VICTIMS’ FAMILIES. (1) in paragraph (e), by striking out ‘‘with- element in the intelligence community or (a) SENSE OF CONGRESS.—It is the sense of out regard’’ and all that follows through the the head of an element of the intelligence Congress that— end and inserting in lieu thereof a semicolon; community may detail any employee of the (1) it is in the national interests of the (2) by redesignating paragraph (f) as para- department, agency, or element to serve in United States to provide information regard- graph (g); and any position in the Intelligence Community ing the murder or kidnapping of United (3) by inserting after paragraph (e) the fol- Assignment Program. States citizens abroad to the victims, or the lowing new paragraph (f): (2) BASIS OF DETAIL.— families of victims, of such crimes; and ‘‘(f) Notwithstanding section 1341(a)(1) of (A) IN GENERAL.—Personnel may be de- (2) the provision of such information is suf- title 31, United States Code, enter into tailed under paragraph (1) on a reimbursable ficiently important that the discharge of the multiyear leases for lease terms of not to ex- or nonreimbursable basis. responsibility for identifying and dissemi- ceed 15 years, except that— (B) PERIOD OF NONREIMBURSABLE DETAIL.— nating such information should be vested in ‘‘(1) any such lease shall be subject to the Personnel detailed on a nonreimbursable a cabinet-level officer of the United States availability of appropriations in an amount basis shall be detailed for such periods not to Government. necessary to cover— exceed three years as are agreed upon be- (b) RESPONSIBILITY.—The Secretary of ‘‘(A) rental payments over the entire term tween the heads of the departments or agen- State shall take appropriate actions to en- of the lease; or cies concerned. However, the heads of the de- sure that the United States Government ‘‘(B) rental payments over the first 12 partments or agencies may provide for the takes all appropriate actions to— months of the term of the lease and the pen- extension of a detail for not to exceed one (1) identify promptly information (includ- alty, if any, payable in the event of the ter- year if the extension is in the public inter- ing classified information) in the possession mination of the lease at the end of the first est. of the departments and agencies of the Unit- 12 months of the term; and (b) BENEFITS, ALLOWANCES, AND INCEN- ed States Government regarding the murder ‘‘(2) if the Agency enters into a lease using TIVES.—The department, agency, or element or kidnapping of United States citizens detailing personnel to the Intelligence Com- abroad; and the authority in subparagraph (1)(B)— munity Assignment Program under sub- (2) subject to subsection (c), make such in- ‘‘(A) the lease shall include a clause that section (a) on a non-reimbursable basis may formation available to the victims or, where provides that the lease shall be terminated if provide such personnel any salary, pay, re- appropriate, the families of victims of such specific appropriations available for the tirement, or other benefits, allowances (in- crimes. rental payments are not provided in advance cluding travel allowances), or incentives as (c) CLASSIFIED INFORMATION.—The Sec- of the obligation to make the rental pay- are provided to other personnel of the de- retary shall work with the Director of ments; partment, agency, or element. Central Intelligence to ensure that classified ‘‘(B) notwithstanding section 1552 of title (c) EFFECTIVE DATE.—This section shall information relevant to a crime covered by 31, United States Code, amounts obligated take effect on June 1, 1997. subsection (b) is promptly reviewed and, to for paying costs associated with terminating the lease shall remain available until such SEC. 304. EXTENSION OF APPLICATION OF SANC- the maximum extent practicable without TIONS LAWS TO INTELLIGENCE AC- jeopardizing sensitive sources and methods costs are paid; TIVITIES. or other vital national security interests, ‘‘(C) amounts obligated for payment of Section 905 of the National Security Act of made available under that subsection. costs associated with terminating the lease 1947 (50 U.S.C. 441d) is amended by striking SEC. 308. STANDARDS FOR SPELLING OF FOR- may be used instead to make rental pay- out ‘‘January 6, 1998’’ and inserting in lieu EIGN NAMES AND PLACES AND FOR ments under the lease, but only to the extent thereof ‘‘January 6, 2001’’. USE OF GEOGRAPHIC COORDI- that such amounts are not required to pay SEC. 305. ADMINISTRATIVE LOCATION OF THE NATES. such costs; and OFFICE OF THE DIRECTOR OF (a) SURVEY OF CURRENT STANDARDS.— ‘‘(D) amounts available in a fiscal year to CENTRAL INTELLIGENCE. (1) SURVEY.—The Director of Central Intel- make rental payments under the lease shall Section 102(e) of the National Security Act ligence shall carry out a survey of current be available for that purpose for not more of 1947 (50 U.S.C. 403(e)) is amended by adding standards for the spelling of foreign names than 12 months commencing at any time at the end the following: and places, and the use of geographic coordi- during the fiscal year; and’’. ‘‘(4) The Office of the Director of Central nates for such places, among the elements of SEC. 402. SUBPOENA AUTHORITY FOR THE IN- Intelligence shall, for administrative pur- the intelligence community. SPECTOR GENERAL OF THE poses, be within the Central Intelligence (2) REPORT.—Not later than 90 days after CENTRAL INTELLIGENCE AGENCY. Agency.’’. the date of enactment of this Act the Direc- (a) AUTHORITY.—Subsection (e) of section SEC. 306. ENCOURAGEMENT OF DISCLOSURE OF tor shall submit to the congressional intel- 17 of the Central Intelligence Agency Act of CERTAIN INFORMATION TO CON- ligence committees a report on the survey 1949 (50 U.S.C. 403q) is amended— GRESS. carried out under paragraph (1). (1) by redesignating paragraphs (5) through (a) ENCOURAGEMENT.— (b) GUIDELINES.— (7) as paragraphs (6) through (8), respec- (1) IN GENERAL.—Not later than 30 days (1) ISSUANCE.—Not later than 180 days after tively; and after the date of enactment of this Act, the the date of enactment of this Act, the Direc- (2) by inserting after paragraph (4) the fol- President shall take appropriate actions to tor shall issue guidelines to ensure the use of lowing new paragraph (5): inform the employees of the executive uniform spelling of foreign names and places ‘‘(5)(A) Except as provided in subparagraph branch, and employees of contractors carry- and the uniform use of geographic coordi- (B), the Inspector General is authorized to ing out activities under classified contracts, nates for such places. The guidelines shall require by subpoena the production of all in- that the disclosure of information described apply to all intelligence reports, intelligence formation, documents, reports, answers, in paragraph (2) to the committee of Con- products, and intelligence databases pre- records, accounts, papers, and other data and gress having oversight responsibility for the pared and utilized by the elements of the in- documentary evidence necessary in the per- department, agency, or element to which telligence community. formance of the duties and responsibilities of such information relates, or to the Members (2) BASIS.—The guidelines under paragraph the Inspector General. of Congress who represent such employees, is (1) shall, to the maximum extent prac- ‘‘(B) In the case of Government agencies, not prohibited by law, executive order, or ticable, be based on current United States the Inspector General shall obtain informa- regulation or otherwise contrary to public Government standards for the trans- tion, documents, reports, answers, records, policy. literation of foreign names, standards for accounts, papers, and other data and evi- (2) COVERED INFORMATION.—Paragraph (1) foreign place names developed by the Board dence for the purpose specified in subpara- applies to information, including classified on Geographic Names, and a standard set of graph (A) using procedures other than sub- information, that an employee reasonably geographic coordinates. poenas. believes to evidence— (3) SUBMITTAL TO CONGRESS.—The Director ‘‘(C) The Inspector General may not issue a (A) a violation of any law, rule, or regula- shall submit a copy of the guidelines to the subpoena for or on behalf of any other ele- tion; congressional intelligence committees. ment or component of the Agency. (B) a false statement to Congress on an (c) CONGRESSIONAL INTELLIGENCE COMMIT- ‘‘(D) In the case of contumacy or refusal to issue of material fact; or TEES DEFINED.—In this section, the term obey a subpoena issued under this paragraph, (C) gross mismanagement, a gross waste of ‘‘congressional intelligence committees’’ the subpoena shall be enforceable by order of funds, an abuse of authority, or a substantial means the following: any appropriate district court of the United and specific danger to public health or safe- (1) The Select Committee on Intelligence States. ty. of the Senate. ‘‘(E) Not later than January 31 and July 31 (b) REPORT.—On the date that is 30 days (2) The Permanent Select Committee on of each year, the Inspector General shall sub- after the date of enactment of this Act, the Intelligence of the House of Representatives. mit to the Select Committee on Intelligence June 9, 1997 CONGRESSIONAL RECORD — SENATE S5423 of the Senate and the Permanent Select final determination, enter such restraining At the Clinton administration’s in- Committee on Intelligence of the House of orders or prohibitions, or take such other ac- sistence, the amount of tax relief we Representative a report of the Inspector tion as is warranted, to prevent injury to the will be able to provide will be severely General’s exercise of authority under this United States or to any person or class of limited. It will be difficult, then, to re- paragraph during the preceding six persons for whose protection the action is months.’’. brought.’’ peal the Social Security tax increase. (b) LIMITATION ON AUTHORITY FOR PROTEC- (b) CLERICAL AMENDMENT.—The table of This is why I offered an amendment to TION OF NATIONAL SECURITY.—Subsection sections at the beginning of that subchapter ensure that we are able to expand tax (b)(3) of that section is amended by inserting is amended by adding at the end the follow- relief in the future, and why the first ‘‘, or from issuing any subpoena, after the In- ing: tax relief proposal I am introducing spector General has decided to initiate, carry ‘‘426. Unauthorized use of National Recon- will repeal President Clinton’s 1993 So- out, or complete such audit, inspection, or naissance Office name, initials, cial Security tax increase. investigation or to issue such subpoena,’’ or seal.’’. after ‘‘or investigation’’. By Mr. HARKIN: TITLE V—DEPARTMENT OF DEFENSE By Mr. KYL (for himself and Mr. S. 860. A bill to protect and improve INTELLIGENCE ACTIVITIES GRAMM): rural health care, and for other pur- SEC. 501. ACADEMIC DEGREES IN INTELLIGENCE. S. 859. A bill to repeal the increase in poses; to the Committee on Finance. (a) IN GENERAL.—Section 2161 of title 10, tax on Social Security benefits; to the United States Code, is amended to read as Committee on Finance. THE RURAL HEALTH CARE PROTECTION AND follows: IMPROVEMENT ACT OF 1997 THE SENIOR CITIZENS INCOME TAX RELIEF ACT Mr. HARKIN. Mr. President, I rise ‘‘§ 2161. Joint Military Intelligence College: Mr. KYL. Mr. President, I am pleased master of science in strategic intelligence; today to introduce the Rural Health to have my colleague, Senator PHIL bachelor of science in intelligence Care Protection and Improvement Act GRAMM, join me as an original cospon- ‘‘Under regulations prescribed by the Sec- of 1997. This legislation is critical to sor of the Senior Citizens Income Tax retary of Defense, the President of the Joint the survival of the fragile health care Relief Act. This legislation would give Military Intelligence College may, upon rec- systems and infrastructure in rural seniors relief from the Clinton Social ommendation by the faculty of the college, areas and small towns across America. confer the degree of master of science in Security tax increase of 1993. strategic intelligence and the degree of bach- The recently passed Federal budget Rural Americans are more often elor of science in intelligence upon the grad- deal provides target levels for new poor, more often uninsured, and more uates of the college who have fulfilled the re- spending and for modest tax relief. As often without access to health care quirements for such degree.’’. Congress begins to write the bills to than other Americans. The health care (b) CONFORMING AMENDMENT.—The item re- system in many small towns in Iowa is lating to section 2161 in the table of sections implement this budget blueprint, at- tention turns to the details. One of on the critical list—we have too few at the beginning of chapter 108 of such title doctors, nurses, and other health care is amended to read as follows: them is whether there will be sufficient room for tax relief for senior citizens. professionals and many of our rural ‘‘2161. Joint Military Intelligence College: hospitals are barely making it. master of science in strategic Millions of America’s senior citizens intelligence; bachelor of science depend on Social Security as a critical Iowa ranks first in the percentage of in intelligence.’’. part of their retirement income. Hav- citizens over age 85 and third nation- SEC. 502. FUNDING FOR INFRASTRUCTURE AND ing paid into the program throughout ally in the percentage of the popu- QUALITY OF LIFE IMPROVEMENTS their working lives, retirees count on lation over age 65. Because of our de- AT MENWITH HILL AND BAD the Government to meet its obligations mographics our health care providers AIBLING STATIONS. in Iowa depend heavily on Medicare Section 506(b) of the Intelligence Author- under the Social Security contract. ization Act for Fiscal Year 1996 (Public Law For many, the security provided by payments. And many of them are 104–93; 109 Stat. 974) is amended by striking this supplemental pension plan is the struggling. One reason they are strug- out ‘‘for fiscal years 1996 and 1997’’ and in- difference between a happy and healthy gling is because of the gross inequities serting in lieu thereof ‘‘for fiscal years 1998 retirement and one marked by uncer- between rural and urban Medicare pay- and 1999’’. tainty and apprehension, particularly ment rates. In fact, the House Ways SEC. 503. MISUSE OF NATIONAL RECONNAIS- for the vast majority of seniors on and Means Committee recently pub- SANCE OFFICE NAME, INITIALS, OR lished a report estimating that Iowa SEAL. fixed incomes. loses $0.7 billion a year because of cur- (a) IN GENERAL.—Subchapter I of chapter As part of his massive 1993 tax hike, 21 of title 10, United States Code, is amended President Clinton imposed a tax in- rent Medicare payment policies. The by adding at the end the following: crease on senior citizens, subjecting to higher cost of living in areas such as ‘‘§ 426. Unauthorized use of National Recon- taxation up to 85 percent of the Social New York City and Miami in no way naissance Office name, initials, or seal Security received by seniors with an- justifies the huge disparity in payment ‘‘(a) PROHIBITED ACTS.—Except with the nual incomes of over $34,000 and cou- rates. The current system rewards joint written permission of the Secretary of ples with over $44,000 in annual income. waste and inefficiency and penalizes Defense and the Director of Central Intel- This represents a 70-percent increase States like Iowa whose health care pro- ligence, no person may knowingly use, in in the marginal tax rate for these sen- viders practice a conservative, cost-ef- connection with any merchandise, retail iors. Factor in the Government’s So- fective approach to health care. product, impersonation, solicitation, or com- The legislation I am introducing mercial activity, in a manner reasonably cial Security earnings limitation, and calculated to convey the impression that a senior’s marginal tax rate can reach today would correct this wrong-headed such use is approved, endorsed, or authorized 88 percent—twice the rate paid by mil- system. This bill would make Medicare by the Secretary or the Director, any of the lionaires. payments to managed care plans fairer following: An analysis of Government-provided for rural areas by readjusting the ‘‘(1) The words ‘National Reconnaissance figures on the 1993 Social Security tax AAPCC so that rates are more equi- Office’ or the initials ‘NRO’. increase finds that, by next year, table between rural and urban areas. ‘‘(2) The seal of the National Reconnais- America’s seniors will have paid an But even more importantly, this bill sance Office. corrects the inequities in the regular ‘‘(3) Any colorable imitation of such words, extra $25 billion because of this tax initials, or seal. hike, including $380 million from senior fee-for-service Medicare Program. ‘‘(b) INJUNCTION.—(1) Whenever it appears citizens in Arizona alone. AAPCC rates are unfair because they to the Attorney General that any person is Mr. President, I want to make an ad- are tied directly to Medicare fee-for- engaged or is about to engage in an act or ditional important point. Despite all service payments, and fee-for-service practice which constitutes or will constitute the partisan demagoguery, the only at- payments are very low in rural areas. conduct prohibited by subsection (a), the At- tack on Social Security in recent years Even with a correction in managed torney General may initiate a civil proceed- has come from the administration and care payments, over two-thirds of Iowa ing in a district court of the United States to enjoin such act or practice. the other party in the Omnibus Budget seniors will likely continue to receive ‘‘(2) Such court shall proceed as soon as Reconciliation Act of 1993. Not one Re- care under the standard fee-for-service practicable to the hearing and determination publican supported this tax increase on system. This bill corrects fee-for-serv- of such action and may, at any time before Social Security benefits. ice rates, so that seniors in rural areas S5424 CONGRESSIONAL RECORD — SENATE June 9, 1997 will at last be able to receive the qual- The purpose of this legislation is sim- S. 339 ity and access to health care they de- ple. The bill will streamline the regula- At the request of Mr. LEVIN, the serve. tions that govern the adoption of Fed- name of the Senator from Montana Mr. President, my legislation would eral law enforcement canines by their [Mr. BURNS] was added as a cosponsor also reauthorize and extend the Rural handlers. Currently, these animals are of S. 339, a bill to amend title 18, Unit- Health Transition Grant Program. This considered Federal property and when ed States Code, to revise the require- grant program helps small rural hos- their tenure of service has ended, they ments for procurement of products of pitals and their communities adapt to are considered surplus Government Federal Prison Industries to meet the changing health care marketplace. property. Under current Federal regu- needs of Federal agencies, and for other Specifically, the grants help hospitals lations, Government agencies are purposes. adjust to reductions in the need for in- forced to comply with procedures to S. 358 patient services and increased demand ensure maximum return for the Gov- At the request of Mr. DEWINE, the for outpatient and emergency services ernment’s investment in the animal at name of the Senator from Georgia [Mr. and help rural hospitals meet the in- auction. CLELAND] was added as a cosponsor of creasingly difficult task of recruiting These animals have received special S. 358, a bill to provide for compas- staff. security training to best equip them sionate payments with regard to indi- Rural hospitals use these funds for a for the demands of their duties. Be- viduals with blood-clotting disorders, variety of programs. For example, cause of the hazards associated with such as hemophilia, who contracted Marengo Memorial Hospital, Mitchell their duties, this specialized training human immunodeficiency virus due to County Hospital, Franklin General in often makes these animals unsuitable contaminated blood products, and for Hampton, and Kossuth County Hospital as pets for those not trained to handle other purposes. as well as other hospitals used funds to these animals. S. 360 help develop rural health care net- Because of the highly specialized At the request of Mr. CRAIG, the works. Pochahontas Community Hos- training these animals receive, they names of the Senator from Alaska [Mr. pital and Community Memorial Hos- should not be simply auctioned to the MURKOWSKI], and the Senator from pital in Sumner used funds to recruit highest bidder. Currently, if no trained Idaho [Mr. KEMPTHORNE] were added as health professionals and Holy Family handler comes forward and offers the Hospital in Estherville used funds to cosponsors of S. 360, a bill to require highest bid for the animal, the possibil- improve emergency services. adoption of a management plan for the These grants are provided over 3 ity exists that it will spend the rest of Hells Canyon National Recreation Area years. They represent a small but vital its life caged, or even worse, destroyed. that allows appropriate use of motor- source of revenue for hospitals strug- Under this legislation, the eligible ized and nonmotorized river craft in gling to adjust to a new health care en- animals would be donated to their han- the recreation area, and for other pur- vironment. Unfortunately, these grants dlers, who would then assume all costs poses. were not reauthorized last year, and and responsibilities associated to the S. 364 there are many hospitals that were care of that animal. This practice is At the request of Mr. LIEBERMAN, the promised transition grant funds but for commonplace for local law enforce- names of the Senator from Kentucky whom the money is no longer avail- ment agencies nationwide. [Mr. MCCONNELL], and the Senator able. This legislation would help ensure This is not a drastic departure from from North Carolina [Mr. HELMS] were that these few hospitals are able to fin- previous Government procedure. In added as cosponsors of S. 364, a bill to ish out their grants and meet the 1993, the General Services Administra- provide legal standards and procedures changing needs of their patients and tion granted a waiver for Border Patrol for suppliers of raw materials and com- communities. canine handlers to purchase their part- ponent parts for medical devices. Mr. President, the health care sys- ners for a nominal fee. Unfortunately, S. 385 tem is undergoing tremendous change this waiver has expired and has not At the request of Mr. CONRAD, the and our rural hospitals must adjust to been renewed. names of the Senator from South Da- this new environment. The Transition Mr. President, this is a commonsense kota [Mr. DASCHLE], and the Senator Grant Program helps hospitals modify solution to a very simple problem. I from South Carolina [Mr. HOLLINGS] the type and extent of services so they urge my colleagues to support this bill were added as cosponsors of S. 385, a can better serve rural communities. and ease the restrictions concerning bill to provide reimbursement under Mr. President, the legislation I am the adoption of Federal law enforce- the Medicare Program for telehealth introducing will help improve access ment canines. services, and for other purposes. and enhance the quality of health care f S. 422 in rural areas. And it will help shore up At the request of Mr. DOMENICI, the ADDITIONAL COSPONSORS the fragile health care infrastructure name of the Senator from Connecticut in our rural communities and small S. 261 [Mr. LIEBERMAN] was added as a co- towns. At the request of Mr. DOMENICI, the sponsor of S. 422, a bill to define the By Mr. INHOFE: name of the Senator from Utah [Mr. circumstances under which DNA sam- S. 861. A bill to amend the Federal HATCH] was added as a cosponsor of S. ples may be collected, stored, and ana- Property and Administrative Services 261, a bill to provide for a biennial lyzed, and genetic information may be Act of 1949 to authorize donation of budget process and a biennial appro- collected, stored, analyzed, and dis- Federal law enforcement canines that priations process and to enhance over- closed, to define the rights of individ- are no longer needed for official pur- sight and the performance of the Fed- uals and persons with respect to ge- poses to individuals with experience eral Government. netic information, to define the respon- handling canines in the performance of At the request of Mr. DOMENICI, the sibilities of persons with respect to ge- law enforcement duties; to the Com- name of the Senator from Georgia [Mr. netic information, to protect individ- mittee on Governmental Affairs. CLELAND] was withdrawn as a cospon- uals and families from genetic dis- DONATION OF LAW ENFORCEMENT DOGS TO sor of S. 261, supra. crimination, to establish uniform rules THEIR HANDLERS S. 293 that protect individual genetic privacy, Mr. INHOFE. Mr. President, I rise At the request of Mr. HATCH, the and to establish effective mechanisms today to introduce a bill to address the names of the Senator from Washington to enforce the rights and responsibil- situation encountered when certain [Mrs. MURRAY], and the Senator from ities established under this Act. members of our Federal law enforce- Illinois [Mr. DURBIN] were added as co- S. 436 ment community are no longer able to sponsors of S. 293, a bill to amend the At the request of Mr. ROTH, the name perform their assigned duties. These Internal Revenue Code of 1986 to make of the Senator from Texas [Mrs. members of the Federal law enforce- permanent the credit for clinical test- HUTCHISON] was added as a cosponsor of ment community to which I refer are ing expenses for certain drugs for rare S. 436, a bill to amend the Internal not people, but canines. diseases or conditions. Revenue Code of 1986 to provide for the June 9, 1997 CONGRESSIONAL RECORD — SENATE S5425 establishment of an intercity passenger [Mr. D’AMATO] and the Senator from S. 780, a bill to amend title III of the rail trust fund, and for other purposes. New Mexico [Mr. BINGAMAN] were Public Health Service Act to include S. 479 added as cosponsors of S. 575, a bill to each year of fellowship training in At the request of Mr. GRASSLEY, the amend the Internal Revenue Code of geriatric medicine or geriatric psychia- name of the Senator from North Da- 1986 to increase the deduction for try as a year of obligated service under kota [Mr. DORGAN] was added as a co- health insurance costs of self-employed the National Health Corps Loan Repay- sponsor of S. 479, a bill to amend the individuals. ment Program. Internal Revenue Code of 1986 to pro- S. 594 S. 832 vide estate tax relief, and for other At the request of Mr. MCCONNELL, At the request of Mr. KOHL, the name purposes. the names of the Senator from Utah of the Senator from Florida [Mr. MACK) S. 496 [Mr. HATCH] and the Senator from Indi- was added as a cosponsor of S. 832, a At the request of Mr. CHAFEE, the ana [Mr. LUGAR] were added as cospon- bill to amend the Internal Revenue names of the Senator from West Vir- sors of S. 594, a bill to amend the Inter- Code of 1986 to increase the deductibil- ginia [Mr. ROCKEFELLER], the Senator nal Revenue Code of 1986 to modify the ity of business meal expenses for indi- from New York [Mr. D’AMATO], the tax treatment of qualified State tui- viduals who are subject to Federal lim- Senator from Indiana [Mr. COATS], and tion programs. itations on hours of service. the Senator from North Carolina [Mr. S. 674 SENATE CONCURRENT RESOLUTION 21 HELMS] were added as cosponsors of S. At the request of Mr. CHAFEE, the At the request of Mr. MACK, the 496, a bill to amend the Internal Reve- name of the Senator from South Caro- names of the Senator from Kentucky nue Code of 1986 to provide a credit lina [Mr. HOLLINGS] was added as a co- [Mr. MCCONNELL] and the Senator from against income tax to individuals who sponsor of S. 674, a bill to amend title Delaware [Mr. ROTH] were added as co- rehabilitate historic homes or who are XIX of the Social Security Act to en- sponsors of Senate Concurrent Resolu- the first purchasers of rehabilitated courage States to expand health cov- tion 21, a concurrent resolution con- historic homes for use as a principal erage of low-income children and preg- gratulating the residents of Jerusalem residence. nant women and to provide funds to and the people of Israel on the 30th an- S. 498 promote outreach efforts to enroll eli- niversary of the reunification of that At the request of Mr. CHAFEE, the gible children under health insurance historic city, and for other purposes. name of the Senator from Vermont programs. SENATE RESOLUTION 80 [Mr. JEFFORDS] was added as a cospon- S. 690 At the request of Mr. FEINGOLD, the sor of S. 498, a bill to amend the Inter- At the request of Mr. BREAUX, the name of the Senator from Oregon [Mr. nal Revenue Code of 1986 to allow an name of the Senator from Indiana [Mr. WYDEN] was added as a cosponsor of employee to elect to receive taxable LUGAR] was added as a cosponsor of S. Senate Resolution 80, a resolution ex- cash compensation in lieu of non- 690, a bill to amend title XVIII of the pressing the sense of the Senate re- taxable parking benefits, and for other Social Security Act to improve preven- garding Department of Defense plans purposes. tive benefits under the Medicare Pro- to carry out three new tactical fighter S. 499 gram. aircraft programs concurrently. At the request of Mr. CHAFEE, the S. 713 SENATE RESOLUTION 85 names of the Senator from Virginia At the request of Mr. DEWINE, the At the request of Mr. GREGG, the [Mr. WARNER] and the Senator from names of the Senator from Maine [Ms. name of the Senator from Hawaii [Mr. West Virginia [Mr. ROCKEFELLER] were COLLINS] and the Senator from Mis- INOUYE] was added as a cosponsor of added as cosponsors of S. 499, a bill to sissippi [Mr. COCHRAN] were added as Senate Resolution 85, a resolution ex- amend the Internal Revenue Code of cosponsors of S. 713, a bill to amend the pressing the sense of the Senate that 1986 to provide an election to exclude Federal Food, Drug, and Cosmetic Act individuals affected by breast cancer from the gross estate of a decedent the to allow for additional deferred effec- should not be alone in their fight value of certain land subject to a quali- tive dates for approval of applications against the disease. fied conservation easement, and to under the new drugs provisions, and for SENATE RESOLUTION 87 make technical changes to alternative other purposes. At the request of Mr. THURMOND, his valuation rules. S. 734 name was added as a cosponsor of Sen- S. 520 At the request of Mr. BREAUX, the ate Resolution 87, a resolution com- At the request of Mr. FEINGOLD, the name of the Senator from Michigan memorating the 15th anniversary of name of the Senator from Oregon [Mr. [Mr. ABRAHAM] was added as a cospon- the construction and dedication of the WYDEN] was added as a cosponsor of S. sor of S. 734, a bill to amend title XVIII Vietnam Veterans Memorial. 520, a bill to terminate the F/A–18 E/F of the Social Security Act to make cer- SENATE RESOLUTION 97 aircraft program. tain changes to hospice care under the At the request of Mr. SHELBY, his S. 536 Medicare Program. name was added as a cosponsor of Sen- At the request of Mr. GRASSLEY, the S. 756 ate Resolution 97, a resolution express- name of the Senator from Oregon [Mr. At the request of Mr. KERRY, the ing the sense of the Senate that the WYDEN] was added as a cosponsor of S. name of the Senator from New York President should designate the month 536, a bill to amend the National Nar- [Mr. MOYNIHAN] was added as a cospon- of June 1997, the 50th anniversary of cotics Leadership Act of 1988 to estab- sor of S. 756, a bill to provide for the the Marshall Plan, as George C. Mar- lish a program to support and encour- health, education, and welfare of chil- shall month, and for other purposes. age local communities that first dem- dren under 6 years of age. f onstrate a comprehensive, long-term S. 779 commitment to reduce substance abuse At the request of Mr. REID, the name NOTICES OF HEARINGS among youth, and for other purposes. of the Senator from Georgia [Mr. COMMITTEE ON LABOR AND HUMAN RESOURCES S. 537 CLELAND] was added as a cosponsor of Mr. JEFFORDS. Mr. President, I At the request of Ms. MIKULSKI, the S. 779, a bill to amend title XVIII of the would like to announce for information name of the Senator from Georgia [Mr. Social Security Act to increase the of the Senate and the public that a Ex- COVERDELL] was added as a cosponsor number of physicians that complete a ecutive Session of the Senate Commit- of S. 537, a bill to amend title III of the fellowship in geriatric medicine and tee on Labor and Human Resources Public Health Service Act to revise and geriatric psychiatry, and for other pur- will be held on Wednesday, June 11, extend the mammography quality poses. 1997, 9:30 a.m., in SD–430 of the Senate standards program. S. 780 Dirksen Building. The following are on S. 575 At the request of Mr. REID, the name the agenda to be considered: budget At the request of Mr. DURBIN, the of the Senator from Georgia [Mr. reconciliation; S. 830, the Food and names of the Senator from New York CLELAND) was added as a cosponsor of Drug Administration Modernization S5426 CONGRESSIONAL RECORD — SENATE June 9, 1997 Act of 1997; and Presidential nomina- Nancy, a 1993 graduate from the Uni- Nancy Coutu set a shining example of tions. versity of New Hampshire, was mur- what can be accomplished through pub- For further information, please call dered by native tribesmen in Madagas- lic service and voluntarism and I would the committee, 202/224–5375. car on April 9, 1996, after serving al- like to join with her family, friends, COMMITTEE ON LABOR AND HUMAN RESOURCES most 2 years as a volunteer member and all those whose lives she touched Mr. JEFFORDS. Mr. President, I working in a parks and wildlife pro- with her love, in commending her for would like to announce for information gram for the U.S. Peace Corps. She had her courage and willingness to give of of the Senate and the public that a lived in a mud hut teaching the 300 vil- herself in order to make life better for hearing of the Senate Committee on lagers how to grow vegetables, and others.∑ Labor and Human Resources will be building a school, hospital, and roads f in the island country off the east coast held on Thursday, June 12, 1997, 10 ON ALAN EMORY’S 50TH ANNIVER- a.m., in SD–430 of the Senate Dirksen of Africa. More than 140,00 Americans have SARY WITH THE WATERTOWN Building. The subject of the hearing is DAILY TIMES Higher Education Act reauthorization: served in the Peace Crops since it was opportunity programs. For further in- founded in 1961. Tragically 15 have been ∑ Mr. MOYNIHAN. Mr. President, the formation, please call the committee, killed, in all corners of the world while Watertown Daily Times’ Washington 202/224–5375. promoting the spirt of voluntarism. Bureau Chief Alan Emory marked a most felicitous occasion on Saturday. f Mr. President, Nancy truly exempli- fied the spirt of voluntarism. I join Alan has served the Watertown Daily NOTICE OF ADDITION with her family and friends, in express- Times and the people of New York SUBCOMMITTEE ON WATER POWER OF THE COM- ing hope that the dedication of a me- State for a half a century. My col- MITTEE ON ENERGY AND NATURAL RESOURCES morial to honor her will inspire that league Senator D’AMATO and I call him Mr. KYL. Mr. President, I would like spirit in others, and bring attention to ‘‘the Dean’’ of the New York cor- to announce for the information of the the remarkable service of all public respondents in our Nation’s capital Senate and the public that S. 846, to service volunteers.∑ and, indeed, he is one of the Nation’s amend the Federal Power Act to re- f most sagacious and indefatigable jour- move the jurisdiction of the Federal nalists. IN MEMORY OF NANCY JEAN His capacity for balanced reporting Energy Regulatory Commission to li- COUTU cense projects on fresh waters in the was grounded in his upbringing. His fa- State of Hawaii, has been added to the ∑ Mr. GREGG. Mr. President, I rise ther was a Democratic New York State agenda of the Water and Power Sub- today in memory of Nancy Jean Coutu, Supreme Court judge, his mother a committee hearing scheduled for Tues- a Peace Corps volunteer who was mur- labor arbitrator for the Republican day, June 10 at 9:30 a.m. dered by native tribesmen on April 9, mayor of New York, Fiorello f 1996, while serving as a Peace Corps LaGuardia. After Emory’s childhood in volunteer in Madagascar. New York City and Long Island and a AUTHORITY FOR COMMITTEES TO Nancy was a young woman whose life fine education at Exeter, Harvard, and MEET was dedicated to helping others. She the Columbia School of Journalism, SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT was born and raised in New Hampshire the young man headed north to seek Mr. ALLARD. Mr. President, I ask and attended the University of New his fortune. He landed a job at the Wa- unanimous consent that the Sub- Hampshire. She was full of joy and giv- tertown Times in 1947 as its cor- committee on Administrative Over- ing and her desire to help others is respondent in Massena, a small city sight and the Courts, of the Senate what brought her to join the Peace along the St. Lawrence Seaway. He Committee on the Judiciary be author- Corps in 1994. She spent almost 2 years steadily rose up the ranks to State edi- ized to meet during the session of the living in the village of Baraketa where tor, legislative correspondent, and edi- Senate on Monday, June 9, 1997, at 2 she helped the villagers build a school torial writer. p.m. to hold a hearing on: ‘‘Conserving and rebuild a small hospital. She also In 1951, the newspaper opened a Judicial Resources: considering the ap- pursued her interest in the environ- Washington bureau. He eagerly accept- propriate allocation of judgeships in ment by studying the local ecology. ed the Johnson family’s offer to be- the United States Court of Appeals for Her tragic death was a shock to every- come the bureau chief and has served the Fifth and Eleventh Circuits.’’ one who knew and loved her, including the people of New York State in Wash- The PRESIDING OFFICER. Without the people of Madagascar whose gov- ington ever since—46 years, a term al- objection, it is so ordered. ernment posthumously awarded her a most twice as long as that of our f knighthood for her work in their coun- State’s longest serving Senator, Jacob try. Javits, who served for 24 years. ADDITIONAL STATEMENTS Nancy’s family and friends have cho- Mr. Emory is one of the most prolific sen to honor her memory by creating a daily journalists in Washington. He memorial to her on a beautiful maple- writes up to six stories per day and two TRIBUTE TO THE MEMORY OF shaded knoll in Elm Brook Park in columns per week for the Sunday Com- NANCY JEAN COUTU West Hopkinton, NH. During the sum- mentary section. He also is the Wash- ∑ Mr. SMITH of New Hampshire. Mr. mers of 1992 and 1993, while a student ington columnist for the monthly mag- President, I rise today to honor the at the University of New Hampshire, azine, The Empire State Report. He memory of the late Peace Corps volun- Nancy worked as a park ranger at Elm does all this with a standard of accu- teer Nancy Jean Coutu, as a special Brook. There she spent many hours racy and insight that few can match. memorial site at Elm Brook Park in working to expand her knowledge and While the Washington Post in 1977 de- West Hopkinton will be dedicated to interest in the environment and to scribed Mr. Emory as being one of a her memory on June 15, 1997 at 1 p.m. share her love of nature with visitors vanishing breed of Washington cor- Nancy was an American hero. She to the park. On Sunday, June 15, 1997, respondents for regional newspapers, was personally involved in educating the memorial, with its large granite he remains an example of journalistic children and helping people with dis- stone and plaque, and an oil painting of excellence to young reporters. abilities help themselves. She brought Nancy done by her mother, will be Mr. Emory has written more than joy to the lives of everyone she touched dedicated. In addition, because she was just news stories. He also is one of the during her two summers when she particularly interested in helping the most gelastic lyricists ever to grace worked for the U.S. Army Corps of En- handicapped to enjoy the many experi- the Gridiron Club’s talent pool. He has gineers at the park. The Elm Brook ences offered by the outdoors, the written music for Washington’s most Park was special to her, and she helped park’s wheelchair accessible elevated prestigious journalists’ club ever since the many staff members make it much wildlife viewing observation deck, fish- he joined it 21 years ago, and he pro- more accessible to persons with dis- ing platform, and nature trail will also duced many of its most amusing skits. abilities. be dedicated to Nancy. He has also served the Gridiron Club in June 9, 1997 CONGRESSIONAL RECORD — SENATE S5427 more serious ways—as its vice presi- Year. Mr. Murphy understands the im- nologies, Inc., of Albuquerque. Mr. De dent for 1994, president for 1995, and portance of keeping small business- La Paz founded his company on the no- current treasurer. owners informed of the issues, and has tion that hard work and determination Legislators and journalists are sup- worked tirelessly to provide the tools are the foundation for developing a posed to keep a healthy distance be- they need to survive. I know I speak on successful business. Mr. De La Paz’s tween them but I confess to a great behalf of all of New Mexico’s small company has provided high-technology personal affection for my old friend, businesses when I congratulate Mr. solutions to the Federal Government Alan Emory. I congratulate him and Murphy on receiving this award. for the last 8 years and has been recog- his beloved wife, Nancy, as he cele- The New Mexico Women in Business nized as one of the fastest growing His- brates 50 fine years with the Water- Advocate of the Year is Jennifer A. panic business firms in the Nation for town Daily Times.∑ Craig, regional manager of the Wom- the period of 1993 to 1996. f en’s Economic Self Sufficiency Team I would like to recognize Mr. Dennis Office in Las Cruces. I have worked A. Reasner, president of Darco Prod- NEW MEXICO SMALL BUSINESS very closely with WESST Corp. to ucts, Inc., for being selected as the AWARD WINNERS build a better environment for New SBA Region VI Subcontractor of the ∑ Mr. DOMENICI. Mr. President, I rise Mexico’s women business-owners and Year for 1997. I recently had the oppor- to honor New Mexico’s small business- entrepreneurs. I believe it is only fit- tunity to meet Mr. and Mrs. Reasner owners and advocates which were re- ting that the SBA highlights the tre- here in Washington and can tell you cently selected by the U.S. Small Busi- mendous success story being played that they are truly one of the best ex- ness Administration to receive recogni- out in Las Cruces. This city has one of amples of American entrepreneurship tion for their efforts to improve busi- the highest unemployment rates in the in action. Starting out of their garage, ness opportunities in New Mexico. State, yet over the last 2 years, Dennis and Enid Reasner have worked I not only want to recognize these in- WESST Corp has provided technical for the past 25 years to develop a com- dividuals for their fine work but also to and business assistance to over 250 pany worth millions of dollars which take a moment and highlight how im- women entrepreneurs and has helped currently employs over 30 employees in portant small businesses are to the create 50 new women-owned businesses. Albuquerque, NM. Darco Products is a State of New Mexico. Comprising over I congratulate not only Jennifer CRAIG company we can all be proud of in New 96 percent of all businesses in my home for being recognized for her hard work, Mexico, for not only has a Darco prod- State, small businesses are responsible but also WESST Corp. for attracting a uct been used in the space shuttle, but for employing over 115,000 people and person of her caliber to manage the the firm also produced a component creating billions of dollars in revenue southern regional office. part for the first ever American space for our economy. Not only do small Mr. President, I would also like to station. businesses serve as the backbone to honor Teresa O. Molina, winner of the Mr. President, New Mexico is wit- New Mexico’s economy, but they also 1997 Financial Services Advocate nessing an explosion in the growth of serve as the foundation to our local Award for New Mexico. Mrs. Molina is our exports and I believe it is impor- communities. Small businessowners a New Mexico native who attended tant to recognize those who have not only create thousands of good pay- Deming High School and graduated helped bring about this change. One ing jobs in my State but also serve as from New Mexico State University. She woman active in this area for New an excellent example for young entre- has worked with small business for Mexico is Kimberly de Castro, owner of preneurs who are chasing the American over 14 years helping obtain loans at Wildflower International Ltd., a Santa dream of owning their own business. the First New Mexico Bank in Deming. Fe based export company. De Castro’s Mr. President, there could have been Currently serving as the bank’s vice business provides essential services to no better choice for the SBA’s top president, Mrs. Molina has been in- foreign buyers by researching various award than the family-owned business volved with SBA lending programs foreign markets and providing her cli- of Elite Laundry Co. in Gallup, NM. since she issued the first ever SBA 504 ents with options they need to survive Mary Jean and Andrew Christiansen loan in New Mexico’s history. Mrs. in a foreign marketplace. Wildflower have worked with their children to Molina works hard to meet the bank- International Ltd. exports to China, build their business for the past 30 ing needs of her community and I con- Egypt, Israel, and Italy, and is cur- years and I cannot tell you how proud gratulate her for her success. rently negotiating with sales in Tai- I am they are being recognized as the Mr. President, as you are aware, this wan and other Asian countries. Kim- SBA’s New Mexico Small Business Per- Nation is a melting pot of people with berly de Castro is clearly one of the sons of the Year. diverse ethic and social backgrounds. people responsible for New Mexico’s The Christiansens have been an asset In New Mexico, we have hundreds of phenomenal growth in foreign trade, to me as I work to better serve New small and large minority owned and and I congratulate her for receiving the Mexico small businesses in the U.S. operated businesses. One person that I 1997 Exporter of the Year Award from Senate. The Christiansens have built have always turned to for advice not the SBA. up Elite Laundry Company to employ only on minority business issues but In closing, I would like to point out 70 employees in a region of New Mexico general economic and business issues is that these people deserve praise and which has one of this Nation’s highest Anna Muller, the proprietor of NEDA recognition for striving to build a bet- poverty rates. They have actively par- Business Consultants in Albuquerque. ter New Mexico for our future genera- ticipated in my Small Business Advo- Anna is a member of my Minority tions. I personally extend my gratitude cacy Council and have testified on be- Small Business Advocacy Council and to these winners, and to others in- half of New Mexico businesses to the has gained the respect and admiration volved with small businesses in New Senate Small Business Committee. The of her peers when it comes to minority Mexico. I am proud to stand here and Christiansen family can be proud of business issues. She has been chosen as recognize these hard-working individ- their efforts in small business and I the SBA’s Minority Small Business Ad- uals for creating new jobs and eco- congratulate them for receiving this vocate for New Mexico, and I am hard nomic opportunities for the people of award. pressed to think of anyone who better New Mexico.∑ Mr. President, small businessowners deserves recognition for her services to and entrepreneurs in New Mexico can minority small businesses. Anna Mull- f also count on receiving the most up-to- er is a true leader on minority business date and insightful business informa- issues not only in the State of New TRIBUTE TO ANDREW R. RUDMAN tion from Michael G. Murphy, the as- Mexico, but the entire nation and I ON BEING NAMED THE GRANITE sistant business editor for the Albu- congratulate her on this award. STATE’S REPRESENTATIVE AT querque Journal. The SBA has chosen I would also like to congratulate the YMCA YOUTH GOVERNOR CON- this former editor of the New Mexico SBA 1997 Prime Contractor of the Year FERENCE Business Times as this year’s New Mex- for Region VI, Armando De La Paz, ∑ Mr. SMITH of New Hampshire. Mr. ico and Region VI Advocate of the president and CEO of Vista Tech- President, I rise today to congratulate S5428 CONGRESSIONAL RECORD — SENATE June 9, 1997 Andrew R. Rudman, the New Hamp- the context of nature, but nature American history, culture, and archi- shire Youth Governor for the 1997 Na- tamed, organized, made orderly, like tecture. I wish him well at his gala to- tional YMCA Youth Governor’s Con- the energies of students.’’ A decade night and for all the many years to ference. Andrew was elected by fellow later the Union College campus, the come.∑ high school students from across the first in the Nation to have a rotunda at f Granite State’s various youth and gov- its center, become the model for Thom- TRIBUTE TO THE TOWN OF ernment programs as the State’s Youth as Jefferson and Benjamin Latrobe to CHARLESTOWN, NH, AS THEY Governor. Andrew will attend a con- design the glorious University of Vir- CELEBRATE THE 250TH ANNIVER- ference in Washington, DC, on June 18, ginia in Charlottesville. SARY OF THE 3-DAY SIEGE ON 1997. Given Roger Kennedy’s interest in Every year since 1964, Members of the Rame´e, a man with both an architec- FORT NO. 4 Senate have hosted these remarkable tural and educational vision, it is most ∑ Mr. SMITH of New Hampshire. Mr. student leaders. The youth governors fitting that we should honor him at President, I rise today to pay tribute who will be visiting our Nation’s cap- Battery Park, the site of the Castle to the town of Charlestown, NH, as itol collectively represent over 25,000 of Clinton National Monument, one of the they celebrate the 250th anniversary of their peers. This select group of stu- National Park Service’s most impor- the 3-day siege on the fort at township dents will experience government serv- tant historical, cultural, and edu- No. 4. The residents of this Connecticut ice first-hand during the conference. cational sites. The park is visited by River community will begin celebrat- Andrew is from Londonderry, NH, over 3 million people a year who come ing this historic occasion July 25 and and in addition to an excellent aca- to marvel at its spectacular views of continue with a number of festivities demic record he finds time to partici- New York’s harbor, the Statue of Lib- including a battle reenactment, blue- pate in many different extracurricular erty, and Ellis Island, and drink of its berry festival, parade, and several activities. He is a member of the track rich history. church suppers. and field team, loves music, and is For Battery Park’s history fas- Two hundred fifty years ago, the teaching himself how to play the gui- cinates. Fort Amsterdam was built by Connecticut River Valley had only a tar. Andrew will attend Columbia Uni- the Dutch on the site in 1626 and sur- few settlers scattered along the banks versity in the fall of 1997. rendered to the British in 1664, and sub- of the river. Township No. 4 would As a former high school teacher my- sequently renamed Fort George. In eventually become Charlestown, NH, self, I commend Andrew for his hard 1783, the British colors at Fort George the northwestern-most English-speak- work and outstanding achievements, were hauled down, marking the begin- ing village in New England. The set- and wish him success in his academic ning of American rule. Fort George was tlers of this agricultural community career. Congratulations to Andrew on subsequently demolished, its rubble were isolated, but still a vital link with this distinguished honor. It is an honor added to the Manhattan shoreline. By towns to the south as they strove to to represent this outstanding young 1811, a sturdy red sandstone fort—later build a strong community on the river leader in the U.S. Senate.∑ named Castle Clinton—was erected. banks. To the west and north of the f Castle Clinton served as everything settlement lay only lush mountains but a military facility. It was first an and forests, inhabited by moose, bears, IN HONOR OF ROGER G. KENNEDY entertainment center for concerts and native Americans, and a few French ∑ Mr. MOYNIHAN. I wish to pay trib- theater. P.T. Barnum staged the Amer- trappers. ute to Roger G. Kennedy upon his re- ican debut of Jenny Lind—the ‘‘Swed- The people of Township No. 4 were tirement as director of the National ish Nightingale’’—there in 1850. It then trapped in a hostile environment when Park Service and for a distinguished served as an immigration processing King George’s war began. The pioneers public service career as director of the center, welcoming over 8 million immi- decided to defend themselves by con- Smithsonian National Museum of grants from 1855 to 1889, prior to the necting the five existing houses to- American History, vice president of the opening of Ellis Island. In 1896, Castle gether, and later added a sixth. The in- Ford Foundation, and special assistant, Clinton reopened again as the first habitants of the fort at No. 4, which in- variously, to the U.S. Attorney Gen- American aquarium, designed by the cluded a small militia of 30 volunteers, eral, the Secretary of Health, Edu- distinguished architectural firm of fought day and night to protect their cation, and Welfare, and the Secretary McKim, Mead & White. Castle Clinton homes and refused to surrender to an of Labor. Mr. Kennedy will be honored and its aquarium were then partially enemy force claiming to be 700 strong. at a grand celebration in New York’s dismantled in the 1940’s, costing New During the 3-day siege their defenses historic Battery Park tonight and I York one of its most treasured venues were never breached. deeply regret that the press of Senate for cultural and educational enrich- Two hundred fifty years later, an au- business prevents me from attending. ment. thentic reconstruction of the original Roger Kennedy is a man of enlighten- In 1946, Congress established the Cas- 1744 fortified settlement sits on the site ment tastes. He has been a lawyer, a tle Clinton National Monument to be of the Siege of ’47. The fort at No. 4 is scholar, a writer, a public servant of administered by the National Park one of the only living history museums the first rank, but his avocation has al- Service. In 1991, I incorporated into the in New England dedicated to preserving ways been architectural history. In Or- Intermodal Surface Transportation Ef- the 1740’s and 1750’s. The museum cap- ders From France, his masterpiece on ficiency Act an authorization of $2 mil- tures the spirit of those pioneers who architecture, Kennedy wrote bril- lion for the reconstruction of the Bat- cleared the rough landscape and made liantly about the career of Joseph tery’s seawall and promenade. I hoped way for homes and farms in northern Jacques Rame´e, the French architect those funds would serve as a catalyst New England. The residents of Charles- who was trained at the court of Louis to begin redeveloping Battery Park and town have kept a piece of history for XVI and designed buildings all over Eu- implementing a master plan to address all of the children of New Hampshire rope, but helped pave the way for the Battery’s needs for the 21st cen- and the Nation to see, capturing the American neoclassicism. tury. With his commitment to history rich significance of the settlements In 1815, Rame´e designed the magnifi- and ‘‘teaching the public through along the Connecticut River Valley. cent campus of Union College in Sche- place,’’ Roger Kennedy has helped spur Charlestown’s residents today serve nectady, N.Y., one of the Nation’s first that plan, working closely with the to better their community in the true liberal-arts colleges west of the Hudson Conservancy for Historic Battery Park New Hampshire spirit. They serve in River. Rame´e’s campus plan embodied and its energetic and dedicated presi- professional, semiprofessional, and a vision of education that entwined ra- dent, Warrie Price. service occupations and are still will- tionalism with the laws of nature—an I know that through his books, docu- ing to dedicate their time and talents ordered court opening to a roman- mentaries, and dedication to projects on behalf of their neighbors. tically landscaped garden and the end- such as Battery Park, my friend Roger I congratulate all of the residents of less view to the west. Kennedy wrote Kennedy shall continue to educate, in- Charlestown, NH, on this historic event that Rame´e ‘‘placed his buildings in spire, and delight future students of as they continue in the tradition of June 9, 1997 CONGRESSIONAL RECORD — SENATE S5429 their ancestors to make the lives of in working groups to solve national and the credibility in the Administration at a their community a better place to live. international problems. difficult time for the Presidency. I am honored to represent all of them Throughout his tenure as President, the As a private citizen, he has served as a Center produced incisive studies that have member of the Board of Directors of Procter in the U.S. Senate.∑ been instrumental in formulating national & Gamble and the Ogden Corporation, and on f public policy. An early study was pivotal in the Advisory Board of BP America. TRIBUTE TO DR. DAVID ABSHIRE the drafting and passage of the Goldwater In the realm of scholarship, he has written Nichols Act. In 1992, the Center produced the five books and edited three others on a wide ∑ Mr. THOMPSON. Mr. President, it is report of the 58-person Nunn/Domenici Com- range of domestic and international issues. with great pleasure that I recognize mission on Strengthening of America. In He has been a strong promoter in his today a fellow Tennessean, Dr. David March of 1997, the Center published a defini- writings and at CSIS of the study of strategy Abshire, who last month received the tive study of Professional Military Edu- and history. cation, providing much needed scholarly ra- Dr. Abshire is a Trustee of Baylor School Distinguished Graduate Award before (Chattanoga, Tennessee). He is also co-found- the Corps of 4,000 Cadets at the U.S. tionale supporting the military educational system and, in particular, validating the er of the Trinity National Leadership Round- Military Academy at West Point. roles of West Point and the other Service table in Washington, a former Vice-Chair- Dr. Abshire has a long and distin- Academies as the linchpins of that system. man of Youth for Understanding, and a board guished record of service to America. As a public policy practitioner, Dr. Abshire member of the Army War College Founda- Not only has he served as an Army offi- has held a series of high-level Presidential tion. cer, an Assistant Secretary of State, appointments. He has been decorated by the chiefs of state of Belgium, Italy, Finland, Korea, and our Ambassador to NATO, and as a spe- He served as Assistant Secretary of State for Congressional Relations from 1970 to 1973 the United States. cial counselor to the President, but he and played a pivotal role in maintaining bi- Soldier, institution builder, public servant, also played an integral role in founding partisan Congressional coalitions that sus- author, scholar, diplomat and counselor to and building the Center for Strategic tained the U.S. military effort in Vietnam. Presidents, Dr. Abshire was rendered a life- and International Studies [CSIS]. He negotiated the compromise to the Coo- time of extraordinary service to his country Mr. President, in addition to rec- per-Church Amendment that otherwise and to the international community of free- ognizing Dr. Abshire’s impressive list would have seriously restricted military op- dom loving nations. Accordingly, the Association of Graduates of past accomplishments, I am particu- erations in Southeast Asia. He also devel- oped the Congressional compromise that in- takes great pride in presenting the 1997 Dis- larly appreciative of the work he and tinguished Graduate Award to David M. the staff at CSIS are doing. Recently, sured the survival of Radio Liberty and Radio-Free Europe under a public board, in Abshire, Class of 1951.∑ Dr. Abshire and the CSIS staff have de- the face of an attempt to cut off CIA funding f veloped an innovative approach to and let the Radios die. These stations thus working with individual States, coun- continued to play a key role in the Cold War THE MANDATES INFORMATION ties, and cities in order to maximize battle to open East European and Russian ACT the benefits of job creation, invest- society ∑ Mr. ABRAHAM. Mr. President, I ask ment, exports, and economic growth President Ford, in 1974, appointed him as to have printed in the RECORD an edi- stemming from a more global econ- the first chairman of the U.S. Board for torial by C. Wayne Crews of the Com- international Broadcasting. As President petitive Enterprise Institute. The edi- omy. I am gratified that Dr. Abshire Carter later wrote: has chosen Tennessee as the State in ‘‘You have rendered a distinguished service torial, which appeared in the Journal which to begin this effort. His work in getting the Board solidly established as of Commerce, explains how the Man- with Governor Sundquist and my office sponsor of Radio Free Europe and Radio Lib- dates Information Act will improve the is greatly appreciated. erty and in representing these important in- quality of Congress’s deliberation on I applaud Dr. Abshire for his dedi- stitutions to the Congress and the American proposed unfunded mandates on the cated service to America and Ten- public. . . .’’ private sector. In 1974, President Gerald Ford also ap- The editorial follows: nessee, and on his recent recognition at pointed Dr. Abshire to the Congressional West Point. I ask to have printed in Commission on the Organization of the Gov- [From the Journal of Commerce, June 2, the RECORD the full West Point cita- ernment for the Conduct of Foreign Policy. 1997] tion on this outstanding soldier, schol- In 1980, Dr. Abshire was asked by Presi- PASSING THE BUDGET BUCK ar, diplomat, and institution builder. dent-elect Ronald Reagan to chair the tran- (By Clyde Wayne Crews, Jr.) The citation follows: sition of administrations in the CIA, State Weary of the federal government’s habit of and Defense Departments. Subsequently, he DAVID M. ABSHIRE enacting popular environmental and other was asked to serve on the President’s For- reforms but imposing all their costs on state Throughout his forth-six years of national eign Intelligence Advisory Board. In 1983, he and localities, governors and local officials service, institution building, and extraor- was appointed U.S. Ambassador to NATO. As revolted in 1995. dinary scholarship. David M. Abshire has ex- Ambassador, Dr. Abshire was the point man They rightly charged that for every dollar emplified outstanding devotion to the prin- all NATO for building allied support for the spent on federal priorities, they lost the abil- ciples expressed in the motto of the United deployment of the U.S. Pershing II missiles ity to control and allocate their own budg- States Military Academy: Duty, Honor in Europe to counter the threat of Soviet nu- ets. That outcry resulted in the 104th Country. clear blackmail Congress’s Unfunded Mandates Act. Dr. Abshire began a lifetime of public serv- In awarding Ambassador Abshire the De- The legislation didn’t halt unfunded pub- ice upon his graduation from West Point in partment of Defense Medal for Distinguished lic-sector mandates but it did increase 1951. After infantry branch training, he was Public Service, Secretary Weinberger said: Congress’s accountability by requiring both assigned to Korea, where serving in combat ‘‘Throughout a period of great flux in disclosure of costs of significant mandates as a front line infantry platoon leader and inter-allied and East-West relations, he was and explicit votes on the intent to impose company commander, he was cited for valor. the source of an astonishing flow of imagina- those costs. In 1955, he left the Army to enroll in the tive and resourceful ideas geared to the reso- There remains a gap in the quest for ac- graduate program at Georgetown University lution of difficult alliance issues. countability and disclosure. Congress is still from which he received a Ph.D., with honors, ‘‘Ambassador Abshire’s cogent and innova- free to ignore costs when enacting legisla- in History in 1959. tive proposals for enhancing NATO arms co- tion that will impose mandates on the pri- He then joined the staff of the House Mi- operation have already transformed that vate sector. nority Leader and subsequently became Di- crucial area of alliance activities. Ever Recognizing that government-imposed rector for Special Projects at the American mindful of the central importance of par- costs can have profound economic con- Enterprise Institute in 1961. While there, he liamentary and public opinion, he worked sequences, Sen. Spencer Abraham, R-Mich., conceived the idea and, together with Admi- tirelessly to build an effective and lasting is leading a new campaign to force Congress ral Arleigh Burke, organized the founding of partnership with Congress. . . .’’ to disclose and assume responsibility for pri- the Center for Strategic and International In 1987, Dr. Abshire was personally asked vate mandates through the same procedure Studies. Since its inception, Dr. Abshire has by President Reagan to serve as Special that exists for public ones. been the principal architect and institution Counselor to the President with Cabinet In an era of budget balancing, Sen. Abra- builder of what has become widely recog- rank for the purpose of organizing White ham’s campaign assumes new importance. nized as a world leading public policy insti- House and departmental responses to the Costs of off-budget mandates on the public tution. Over the years, he was has recruited Iran Contra investigations to insure that now exceed $600 billion a year. That’s more world statesmen and strategists to the Cen- there was no cover up. After much previous than one-third the size of the entire federal ter’s ranks, and has involved a wide range of criticism, the integrity of his effort earned budget, greater than personal income taxes, Members of Congress and corporate leaders, Dr. Abshire bipartisan credit for restoring and several times the annual deficit. S5430 CONGRESSIONAL RECORD — SENATE June 9, 1997 The danger is that, as the federal budget is TRIBUTE TO MATTHEW ELMER The PRESIDING OFFICER. The cut to eliminate the deficit by 2002, pressure TREAMER AND CHRIS DEMERS clerk will report. to shift the costs of favored government pro- FOR RECEIVING THE 1996 PRESI- The bill clerk read as follows. grams off-budget to the private sector will DENTIAL AWARD IN MATHE- mount. A bill (H.R. 908) to establish a Commission For example, advocates of a new federal MATICS AND SCIENCE TRAINING on Structural Alternatives for the Federal job training program could propose funding ∑ Mr. SMITH of New Hampshire. Mr. Courts of Appeals. it through a Department of Labor appropria- President, I rise today to congratulate Mr. ASHCROFT. I would now ask for tion, or alternatively, through a new man- Matthew Elmer Treamer, a teacher at its second reading and object to my date that all Fortune 500 firms provide such Lancaster School in Lancaster NH and own request. training. The first appears on the budget, the Chris Demers, a teacher at Dr. H.O. The PRESIDING OFFICER. The bill second does not. Smith School in Hudson NH, on receiv- will remain at the desk and will re- With the ‘‘Mandates Information Act of 1997,’’ Sen. Abraham and Rep. Gary Condit, ing the 1996 Presidential Award in ceive its second reading on the next D-Calif., hope to remedy today’s absence of Mathematics and Science Training. legislative day. disclosure and regulatory bias. They hope to Matthew and Chris will spend the week f ensure that mandates imposing higher of June 10–14 in Washington, DC, for a wages, increasing unemployment, or increas- series of events to commemorate their ORDERS FOR TUESDAY, JUNE 10, ing consumer prices shall no longer slip distinguished selection. 1997 through Congress unacknowledged. As a former teacher myself, I com- Mr. ASHCROFT. Mr. President, I ask Their proposal would work by extending mend their outstanding accomplish- certain provisions of the 104th Congress’ pop- unanimous consent that when the Sen- ment and well-deserved honor. ate completes its business today it ular Unfunded Mandates Act to remove the The Presidential Awards for Excel- arbitrary distinction between public and pri- stand in adjournment until the hour of vate sector mandates. lence in Mathematics and Science 11 a.m. on Tuesday, June 10. I further The Mandates Information Act would Training Program, administered by the ask unanimous consent that on Tues- allow a single Senator or House member to National Science Foundation (NSF), is day, immediately following the prayer, raise a point of order against any private designed to recognize and reward out- the routine requests through the morn- sector mandate costing over $100 million an- standing teachers who serve as models ing hour be granted and the Senate nually. The point of order would halt further for their colleagues. Matthew and Chris floor action until members vote specifically then be in a period of morning business have been leaders in the areas of in- until the hour of 12:30 p.m. with Sen- to waive it. creased visibility and rewards. This Making Congress explicitly vote on its in- ators permitted to speak for up to 5 tent to impose a burden in this fashion award recognizes their distinguished minutes with the following exceptions: wouldn’t necessarily stop any mandate. But leadership, and encourages high qual- Senator MURKOWSKI, 20 minutes; Sen- it would allow constituents to determine ity teachers to enter and remain in the ator HARKIN, 30 minutes; Senator where their representative stood on a par- teaching field. BIDEN, 30 minutes. ticular mandate. New Hampshire has always been for- The PRESIDING OFFICER. Without Cost estimates would be prepared by the tunate to have many talented teachers, objection, it is so ordered. Congressional Budget Office prior to floor but Matthew and Chris are certainly consideration for any bill reported out of Mr. ASHCROFT. Mr. President, I ask role models among the teachers of the unanimous consent that the Senate re- committee, and disclosed in a document, Granite State. I am proud of their dedi- called a ‘‘Consumer Worker, and Small Busi- cess from the hours of 12:30 until 2:15 ness Impact Statement.’’ cation to the education of New Hamp- on Tuesday for the weekly policy con- The statement would include mandate im- shire children and congratulate them ferences to meet. pact estimates on consumer prices and ac- on this magnificent achievement. It is The PRESIDING OFFICER. Without tual supply of goods and service in consumer an honor to represent them in the U.S. objection, it is so ordered. markets; wages, benefits and employment Senate.∑ f opportunities; the hiring practices, expan- f sion, and profitability of businesses with 100 PROGRAM or fewer employees. MEASURE READ FOR THE FIRST Knowing such impacts is worthwhile. Sen. TIME—H.R. 1000 Mr. ASHCROFT. Mr. President, for Abraham points out that mandates not only Mr. ASHCROFT. Mr. President, I un- the information of all Senators, tomor- result in workers losing jobs, they can pre- row from 11 a.m. to 12:30 p.m. the Sen- vent job formation in the first place. Man- derstand that H.R. 1000 has arrived from the House, and I would ask for its ate will be in a period of morning busi- dates mount as a small firm grows; for exam- ness to accommodate a number of Sen- ple, at 15 employees, mandatory compliance first reading. with the Americans with Disabilities Act The PRESIDING OFFICER. The ators who have requested time to kicks in; at 25, the Health Maintenance Or- clerk will report. speak. By previous consent, from 12:30 ganization Act does; at 50, the Family and The bill clerk read as follows: p.m. to 2:15 p.m., the Senate will be in Medical Leave Act applies. A bill (H.R. 1000) to require States to es- recess to allow the weekly policy Sen. Abraham cites the case of tablish a system to prevent prisoners from luncheons to meet. Following the Hasselbring-Clark, an office equipment sup- being considered part of any household for luncheons, the Senate may begin con- ply firm in Lansing, Mich. Its treasurer purposes of determining eligibility of the sideration of S. 419, the Birth Defects Noelle Clark says, given the additional man- household for food stamp benefits and the Prevention Act. Therefore, Senators dates that would otherwise apply, ‘‘we have amount of food stamp benefits to be provided can expect rollcall votes throughout hired a few temps to stay under 49 (employ- to the household under the Food Stamp Act ees).’’ of 1977. tomorrow’s session of the Senate. As always, Members will be notified ac- Since the Abraham-Condit bill merely Mr. ASHCROFT. Mr. President, I now cordingly as any votes are ordered with calls for disclosure, it should stand above ask for its second reading, and object criticism from advocates of government-reg- respect to any legislation cleared for to my own request on behalf of the ulation; if the majority believes it worth- action. other side of the aisle. while to pass a mandate in the first place, I thank Members for their attention. enough votes to override the simply major- The PRESIDING OFFICER. The bill ity point of order ought to be there as well. will remain at the desk and will re- f The point of order enforcement mechanism ceive its next reading on the next legis- ADJOURNMENT UNTIL 11 A.M. for high-dollar rules and the impact state- lative day. TOMORROW ment together could help make Congress far f more answerable for excessive mandates. Mr. ASHCROFT. Mr. President, if That could be the lasting innovation of the MEASURE READ FOR THE FIRST there is no further business to come be- Mandates Information Act. TIME—H.R. 908 fore the Senate, I now ask that the While most regulatory reforms attempt Mr. ASHCROFT. Mr. President, I un- Senate stand in adjournment under the merely to require agencies to police them- selves better through cost-benefit analysis, derstand that H.R. 908 has arrived from previous order. Sen. Abraham and Rep. Condit are bringing the House, and I ask for its first read- There being no objection, the Senate, the focus back to the real source of excessive ing on behalf of the other side of the at 5:15 p.m., adjourned until Tuesday, lawmaking: Congress.∑ aisle. June 10, 1997, at 11 a.m.