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

Vol. 143 WASHINGTON, THURSDAY, SEPTEMBER 4, 1997 No. 115 Senate The Senate met at 9:30 a.m. and was Senate session each day just to hear in the morning. We have not set a called to order by the President pro the Chaplain’s prayers. I wish to ex- time. It could be as early as 8:30 to ac- tempore [Mr. THURMOND]. press, again, my sincere appreciation commodate Senators’ schedules, on the for the beauty and for the meaningful- cloture motion on the Food and Drug PRAYER ness of those prayers. It gives us the Administration reform bill. We need to The Chaplain, Dr. Lloyd John right frame of mind to begin a day’s get this bill done. It was reported out Ogilvie, offered the following prayer: work together for the American people. overwhelmingly from the committee, O God, You have prophesied through f and it has broad bipartisan support. Isaiah, ‘‘You will keep him in perfect Unfortunately, this is even a cloture peace whose mind is stayed on You’’— SCHEDULE vote on the motion to proceed. Isaiah 26:3; and promised through Mr. LOTT. Mr. President, the Senate The Senator from Massachusetts, Jesus, ‘‘Peace I give to you, not as the will immediately resume consideration Senator KENNEDY, has objections to world gives do I give to you. Let not of amendment No. 1077, offered by the this FDA reform. I thought we had your heart be troubled, neither let it be Senator from Indiana, Senator COATS, them worked out two or three times at afraid.’’—John 14:27. who is here and prepared to go. This is the end of the session, before the Au- That is the quality of peace we need an amendment, of course, to S. 1061, gust recess, and then it seemed to get to do our work creatively today. Often the Labor, HHS appropriations bill. It away from us. the conflict and tension present in our is hoped that an agreement can be I hope we can get all the Senators to lives threaten to rob us of a calm and reached this morning to conduct a vote work together and work out agree- restful mind and heart. It is so easy to on the Coats amendment by mid-morn- ments so we can move this very impor- catch the emotional virus of frustra- ing, hopefully within the hour. tant legislation. It is very important to tion and exasperation. Help us to re- In addition, Members can anticipate the health and general quality of life of member that Your peace is a healing additional votes on amendments cur- all Americans. This is an agency that antidote to anxiety that can survive in rently pending to the Labor, HHS ap- has been bureaucratic, it has been any circumstance. propriations bill and other amend- slow, it has not done its work where it Provider of peace, give us the peace ments expected to be offered to the bill should be doing its work, and it has of a cleansed heart, a free and forgiving throughout the day’s session. I under- tried to force itself into areas where it heart, a caring and compassionate stand a couple of amendments have really doesn’t belong. This is long over- heart. Right now, may Your deep peace been offered and set aside. I know there due. flow into us, calming our impatience are some other amendments pending. I, again, am interested in getting it and flowing from us to others. As always, Members will be notified of done. But if we have to, we will have Especially, we pray for Your peace exactly what time the votes will be more than one vote or votes on cloture. for the women and men of this Senate. scheduled. We will work with all Mem- We need to go ahead and complete this. May Your profound inner peace free bers to make sure they have an oppor- I think, once we can get it to debate them to think clearly and speak deci- tunity to offer their amendments and and vote, it will not take very long. If sively while maintaining the bond of debate them, and then, of course, we we can work out something, by the peace with one another. Through our will have votes, if necessary. way, on the bill, before the time, then Lord and Saviour. Amen. I ask, again, that all Senators co- we would not have to have a cloture f operate with our managers on both vote tomorrow. I would be glad to work sides of the aisle. They are trying to with the leaders on the legislation, RECOGNITION OF THE MAJORITY move this very important legislation Democratic leaders, to decide on a LEADER that means so much to our country. time when it would be debated and The PRESIDENT pro tempore. The And, as is quite often the case when we when that would be scheduled, either able majority leader, Senator LOTT of return from a period back in our re- later on this week, or Monday or Tues- Mississippi, is recognized. spective States, we have not gotten off day. We will work together on that. Mr. LOTT. Thank you very much, to a fast start. We hope to complete f Mr. President. this very important appropriations bill CONTESTED LOUISIANA ELECTION f today. We do have some problems and some delays. I would like to address Mr. LOTT. Mr. President, the other THE CHAPLAIN’S PRAYER those just for a moment. issue I want to address is some of the Mr. LOTT. Mr. President, it is worth First, with regard to tomorrow, it is problems we have today. When we have coming to the opening moments of the still my intent to have a cloture vote something brought to the Senate that

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

S8765 S8766 CONGRESSIONAL RECORD — SENATE September 4, 1997 we have to look into, and, in this case, I want to do that. But if we are going here in the Senate. It is not December, I am referring to the election in Lou- to start playing this game of threats it is not January, February, March, or isiana for the Senate last year, where and delays and obstruction and block- April; it is September, and we have a allegations of fraud have been made, it ing of committee meetings and that Member of the Senate who is still seat- is incumbent upon us to thoroughly sort of thing, then I have no option but ed in this Senate, seeing activities of a check those allegations out. Unfortu- to put the time on the back end. committee on an investigation in nately, the committee charged with ju- So, I don’t think that is necessary. which allegations of fraud were made. risdiction in this area has not been We have had a good feeling here in the And I might say that the committee able to work together in a bipartisan Senate for the last 2 months. We hired a couple of investigators, law- way to get it done and get the work worked together in a bipartisan way, yers—a Republican and a Democrat— completed. I want us to reach that even when we disagreed. I think we can and the first report they gave to the point sooner, not later, and I have continue to do that, and I certainly committee was to say there is nothing worked across the aisle to try to come will try to continue to keep my word there. But that was not enough. up with a process to make that happen. and work with the Senators on this I am not going to go into what is I thought we had it worked out, again, schedule. That is one of the reasons going on in the committee. I don’t the last week in July, and at the last why we might have to vote early in the think we need to have that discussion. minute that fell apart. morning, because some Senators on But, you know, it is September. It’s So, we have to do our job. I am not both sides of the aisle want to leave. September, and we have a Member of going to come to the floor of the Sen- That is fine. We want to help them. the U.S. Senate who is still held in ate, look Senators in the eye, and the But we also have work to do. limbo, here, on this issue of investiga- American people, and say, ‘‘We So, I just wanted to point out what is tion. I saw yesterday newspaper after checked it out thoroughly, there is going on. I don’t have any problem newspaper after newspaper in Louisi- nothing here,’’ or, ‘‘There is a real with doing it this way. I just want ev- ana, the editorials and stories say, problem here,’’ until all the work that erybody to understand I am not doing ‘‘There is nothing here. Let this go. needs to be done has been done. I can’t it to cause confusion or delay. I have Stop this investigation.’’ do that. no option. So, you know, the concern that some Now we are being told, well, if you The Environment and Public Works exhibit on the floor of the Senate about continue it, we are going to have Committee will meet today. We will this issue is not without foundation. delays and obstruction by the Demo- continue to work on the Labor, HHS The Senator from Mississippi points crats. What are they delaying and ob- appropriations bill. I believe that we out that he is concerned about delay. I structing? The Labor, Health and can and should get it completed today don’t think any of us want a delay. Human Services appropriations bill, or tomorrow. But we will have success Mr. LOTT. Mr. President, if I could the Superfund reform. Here is a pro- on this bill, and we will do it in a bi- reclaim my time to respond on that, I gram, Superfund, that is really the partisan way, and we will do it, hope- think everybody has indicated we want laughingstock of America. You care fully, by the end of this week or the to continue to move the appropriations about the environment? Who among us first of next week. bills. would not care that the program is not So I just wanted to advise Senators Mr. DORGAN. That’s correct. working. Lawyers have a grand time. what the schedule looks like for today Mr. LOTT. But if an objection is They are making money. But we are and in the morning. I will talk to my heard today for the Environment and not cleaning up hazardous sites. We are counterpart on the other side of the Public Works Committee to meet in not cleaning up hazardous waste sites. aisle. I will be glad to work with Sen- session this afternoon and work on So the Committee on Environment ators on FDA reform and Superfund re- marking up a very important environ- and Public Works wants to meet today form and on Labor, HHS, to see if we mental bill to clean up hazardous to mark up the Superfund bill, and I can find reasonable accommodation, waste sites, that interrupts the process am being told, ‘‘Well, we are not going and we will also continue to pursue an of the appropriations bill. That com- to let you meet; we are not going to let opportunity to recommend to the Sen- mittee should meet. In my opinion, it that committee meet, in a bipartisan ate what action, if any, or none, should should have already met on this issue, way, and mark this bill up.’’ And, be taken with regard to the Louisiana and had votes and brought it to a con- therefore, I have no option but to say, election. clusion. So, if an objection is heard to OK, if you are going to do that, then we Mr. DORGAN. Will the Senator yield committees meeting, I have no option will go out this afternoon. for a question? but to go out for a period of time to If objection is made to the Environ- Mr. LOTT. I’d be glad to yield. allow the committees to do their work. ment and Public Works Committee Mr. DORGAN. I listened with interest That’s a very important part of our meeting this afternoon to mark up to the Senator from Mississippi, the process here. Superfund reform, which would clean majority leader. I think it is important So the effect is that you are delaying up hazardous waste sites in my State to point out that there is no intention the appropriations bill. But perhaps ob- and probably every State in America, if that I am aware of on this floor to in- jection would not be heard, we that is going to be blocked, then the terrupt the business of appropriations wouldn’t have to stop for 2 hours this Senate will go out at 2 o’clock, we will bills. The principal business in this afternoon so that a very important be out until 4 o’clock so the committee month of September is to finish, and committee could meet. I have indi- can meet and do its work, and we will work hard on, the appropriations bills; cated to the Senator and to Senator tack that time onto tonight. We are by the end of September, have them DASCHLE that we hope that would not not going to have this arrangement down to the White House, so the Presi- be necessary. But, you know, the effect where the other side tries to dictate dent can sign them and avoid a con- is to delay the Labor, Health and the schedule in committee meetings. tinuing resolution. So we want to do Human Services appropriations bill. We are not going to do that. that, and there is no objection that I With regard to the Louisiana elec- I have worked very hard to keep my am aware of, made by anyone, which tion, yes, it is September. It need not word to the Senate and to the Sen- would interrupt in any way the con- be. This matter could have been con- ators. When I say we are going to meet duct of business on appropriations cluded, completed, weeks or months and have votes, we try to do that. bills. ago, but from the beginning, the Demo- When we agree we are not going to The Senator from Mississippi, the crats on the committee would not co- meet and have votes, we try to honor majority leader, knows there is great operate, would not work with us. They that. We agreed we would be out in the concern about the issue of a contested didn’t actually—— third week in October for the Columbus election in Louisiana, by which a Mem- Mr. DORGAN. Well—— Day period. I am going to keep my ber of the Senate was seated without Mr. LOTT. Wait, I have the floor and word on that. I tried to keep in mind prejudice and an investigation was I will yield when you ask me to. I am the personal lives, and opportunities to begun. The conduct of that investiga- on that committee, and all I ever said have dinner with families and children. tion causes some significant concern was find out what happened, was there September 4, 1997 CONGRESSIONAL RECORD — SENATE S8767 apparent fraud or not. As a matter of ‘‘When will investigation end? Voters have, and we can complete our work on fact, investigators never went into might not be happy with prolonged de- appropriations and on Superfund and Louisiana until July. Shortly there- bate.’’ on fast track and on ISTEA, and then after, in something I have not seen in ‘‘Poll: State’s voters believe return to our constituency. 25 years in Congress, the Democrats Landrieu probe unnecessary.’’ Mr. DORGAN. If the Senator will walked out of the committee’s proceed- ‘‘Enough’s enough,’’ an editorial in yield for one more comment, the issue ings and said, ‘‘We won’t participate.’’ the Times-Picayune. of delay applies especially and indeli- In investigation after investigation ‘‘Senate investigation will hurt Lou- bly to the issue of the investigation in over the years in the House and the isiana.’’ Louisiana, and delay, it seems to me, ‘‘No evidence of widespread fraud.’’ continued delay is unfair to Senator Senate, I never saw the Republicans or It is September, and there is no dem- Democrats, in any other instance, say, LANDRIEU and unfair to the people of onstration of any kind that I am aware Louisiana. It is not our intent to cause ‘‘We’re not going to participate.’’ of that any irregularities existed in What happened after the investiga- problems for the Senator from Mis- that election that would in any way sissippi in the scheduling of the Sen- tors’ being down there for like 2 weeks, overturn the results of the election, the Justice Department withdrew the ate. I understand it is not easy to be in- and yet we still have what I think is a volved in running this place. So it is FBI agents. It couldn’t come to a con- concerted effort by some to drag this not our intention to cause those kinds clusion. The week before we went out, out and drag it out and drag it out. of problems. That is especially why—— I talked with Senators on the Demo- Mr. LOTT. Yes. Mr. LOTT. Let me just say, it is not cratic side of the aisle, and we worked Mr. DORGAN. Frankly, a lot are not easy, but it is a great pleasure. I’m en- out an arrangement that I thought ev- happy about that. joying it a lot. erybody was satisfied with for a special Mr. LOTT. Yes, there has been an ef- Mr. DORGAN. You actually act like allocation of money to complete that fort that has caused it to be delayed you are enjoying it. We have done a work and in time to complete that and dragged out. lot. This has been a pretty productive work. At the last minute, it was jerked Mr. DORGAN. I understand who the year, but at least a good number on our away. Senator from Mississippi says is at side say with respect to delay, one of What has happened is, I think Sen- fault. I only know it is September. The the delays that occurs now in the Sen- ator WARNER is going to make an an- first two lawyers who were hired, a ate is the delay on this investigation nouncement today, I believe, about a Democrat and Republican, testified in and the end of the investigation, and schedule he has in mind. There are sev- front of the committee that hired them the investigation has found nothing on eral boxes of documents that have been and said there is nothing here. The ma- the issue of this contested Senate elec- turned over now to the committee as a jority leader said that is not satisfac- tion. We hope that we will get beyond result of the subpoena duces tecum to tory. that and get on with the business and get evidence with regard to gaming in- Mr. LOTT. In the areas they had not have that hanging over the head of terests and involvement in the elec- looked into. There had been nothing Senator LANDRIEU or the people of Lou- tion. By the way, I think they have done with regard to the gaming activi- isiana. every right to support a referendum. ties and the so-called life organization So our point is this: Let’s continue The only question is was it in any way in New Orleans. with the Senate business. Let’s pass used improperly or illegally. I don’t Mr. DORGAN. My point is, if he will these appropriations bills, get them to know the answer to that. allow me one more minute, my point is the President, get them signed. That is Once those documents are reviewed, I that I think it is unfair to the Senator the regular order. Let’s also resolve understand the committee is going to from Louisiana. I think it is unfair to this issue with the Louisiana election. meet, hear from the investigators, hear the people of Louisiana. This ought to It is now September. It is not March or what the evidence is, if any, that they get wrapped up. April or July. It is September, and it is Our point is this: There is no inten- find in these documents and, at some long past the time when that should tion to interrupt the business of the point, the committee will proceed to have been resolved. Senate, which is now to pass these ap- action. I don’t know exactly what date Mr. LOTT. Mr. President, I ask unan- propriations bills in the month of Sep- that would be. imous consent, at the end of my re- tember. We have to do that. There is no It is not my intention to drag this marks, to have printed in the RECORD one out here objecting to the work on out indefinitely. But I have to be able the history of this type of investiga- those appropriations bill. tion, these type of allegations and the to come here and say to Members on Mr. LOTT. But you are going to ob- both sides of the aisle, ‘‘We’ve done our length of time they have gone on. ject to a committee meeting, which The PRESIDING OFFICER (Mr. work. Even though we haven’t had co- makes it necessary for the work of the BROWNBACK). Without objection, it is so operation, we have reached a conclu- Appropriations Committee to be inter- ordered. sion as best we can, and here it is.’’ I rupted. (See exhibit 1.) have told the Senators on both sides of Mr. DORGAN. As the Senator knows, Mr. LOTT. Mr. President, as a matter the aisle over the past year and 3 the regular order of the Senate is to of fact, most of them, many of them, months how we deal with you. I am not have no committee meetings when the have gone on for weeks and months, in- interested in causing undue delay or Senate is in session. cluding some Senators who serve here difficulty for any Senator here with or Mr. LOTT. But it has been the com- in the Senate right now, and they pro- without prejudice. But I must be able, mon practice for committees to be able ceeded in the normal way. It is not my along with other Senators, to say that to meet. All I am saying to you is, intention to delay this investigation we did our work, we fulfilled our con- work with us and we can bring this to and this conclusion. It is my intention stitutional responsibility, and then conclusion. But I am also saying that if to make sure that we have investigated make a recommendation. I will be glad you start interrupting the business of all of the alleged fraud and abuses of to yield further if you like. the Senate or committees, it will not election laws and illegal acts. When we Mr. DORGAN. If the Senator will be without action in return. We need to have done that, I will press aggres- yield, he clearly should and will not be work together. We need to do these sively for a conclusion. But until that surprised at concern expressed now in things privately and communication in is done, with the cooperation of the September about this issue. Those con- the type of way we have done over the Democrats, it will not end. cerns were registered in July and early last 2 months. But if you start playing I yield the floor, Mr. President. August, and the Senator understands games with committees meeting on im- EXHIBIT 1 that we have a Senator from Louisiana portant issues like Superfund and, let CONTESTED ELECTION CASES whose election is still being contested, me tell you, fast track, it will have an (Prepared by the Office of Senate Legal and it is now September. I just want effect. Every action produces a reac- Counsel, December 1996) to, if I might, just show you some of tion. I. INTRODUCTION what is happening in Louisiana in the So let’s not start down that trail. The Constitution provides that ‘‘Each press: Let’s continue to work together as we House shall be the Judge of the Elections, S8768 CONGRESSIONAL RECORD — SENATE September 4, 1997 Returns, and Qualifications of its own Mem- 2. Durkin v. Wyman (1974–75) tion. The second investigation took almost a bers. . . .’’ 1 The Senate has always been In the 1975 contested election case of year and involved the testimony of 180 wit- ‘‘jealous of [this] constitutional right.’’ 2 Durkin v. Wyman, the Senate, rather than nesses. In May 1912, the special committee fi- Courts have consistently recognized that declare the winner as it had done in Steck v. nally reported to the Senate that it could congressional actions in this area present Brookhart, simply found the seat vacant. find no evidence linking Lorimer to the al- nonjusticiable political questions beyond ju- The initial count of the November 1974 New leged corruption.10 A minority report, how- dicial review.3 In Reed et al. v. The County Hampshire Senate election showed Repub- ever, cited evidence that seven Illinois legis- Comm’rs of Delaware County, Penn., the Su- lican Louis Wyman ahead of Democrat John lators had been bribed to vote for Lorimer.11 preme Court acknowledged that the Senate Durkin by 355 votes out of more than 200,000 Moreover, the minority believed that there is the final judge of the elections of its mem- cast. A subsequent state recount determined was significant evidence linking Lorimer to bers and held: ‘‘[The Senate] is the judge of that Durkin had won the election by ten the bribes.12 The minority argued that the the elections, returns and qualifications of votes, and on November 27, 1974 the governor evidence was sufficient for the Senate to rule its members. . . . It is fully empowered, and issued Durkin a ‘‘conditional’’ certificate of that the election was invalid. In July 1912, may determine such matters without the aid election. Wyman challenged the certification following a public outcry and an extensive of the House of Representatives or the Exec- before the New Hampshire State Ballot Law Senate debate, the full Senate sided with the utive or Judicial Department.’’ 4 Commission, which ruled on December 24, minority and voted 55 to 28 to declare II. SENATE REFUSAL TO SEAT STATE-CERTIFIED 1974 that Wyman had won the election by Lorimer’s election invalid and his seat va- CANDIDATES two votes. On December 27, 1974, the gov- cant. In a special election following Lorimer’s ouster, Lawrence Y. Sherman was The Senate has been called upon to judge ernor rescinded Durkin’s ‘‘conditional’’ cre- elected to fill the seat. approximately 100 contested election cases. dentials and certified Wyman the victor. On only nine occasions, however, has the That same day, Durkin filed a petition with 2. Frank L. Smith (1926–28) Senate denied a seat to the candidate whose the Senate contesting Wyman’s credentials. The other two instances in which the Sen- election had been certified by the state.5 The matter was referred to the Rules Com- ate declared an election invalid because of Several of these cases involve fact patterns mittee’s Subcommittee on Privileges and corruption arose out of the work of a Special that are unlikely to be at issue in modern Elections. The Subcommittee began its in- Committee that was created in May 1926 to disputes. They are not examined in this vestigation, which included a day of hearings investigate allegations of the corrupt use of memorandum.6 Five cases, however, involve during sine die adjournment, before the 94th campaign expenditures in primary elections allegations that are more likely to be at Congress convened. The Subcommittee re- in Pennsylvania and Illinois. Eventually, the issue in modern contested election cases: fused to make a recommendation and passed scope of the Special Committee’s investiga- challenges to the accuracy of the ballot the case onto the full Committee, which di- tion expanded to include allegations of cor- count, and challenged based on claims that vided evenly on the matter. The full Com- rupt practices in the November general elec- the election results were tainted by fraud mittee then referred the case to the full Sen- tion too. In both cases the Senate departed and corruption. ate without a recommendation. from its normal procedure and refused to When it convened in January 1975, the Sen- seat the Senator-elect pending the outcome A. Inaccurate ballot counts ate would neither seat Wyman nor declare of its investigation. This departure from 1. Steck v. Brookhart (1926) the seat vacant. Instead, the Senate referred practice is probably best explained by the The case of Steck v. Brookhart is the only the matter to the Rules Committee again. fact that an ongoing investigation had al- occasion on which the Senate has overturned After much debate, the Committee decided ready uncovered substantial evidence of the result of a state-certified election and upon carefully crafted procedures to recount fraud and corruption by the time each of seated the contestant. Every other time that the approximately 3,500 disputed ballots. But these Senators-elect presented his creden- the Senate has overturned the results of a despite spending more than 200 hours on the tials to the Senate. state-certified election, it has simply de- matter, the Committee could not agree upon Despite the negative publicity from the in- clared the seat vacant and left the state to whom should be seated. Eventually, the vestigation of his primary victory, Frank L. decide how it should be filled.7 In 1926, how- Committee reported the matter to the Sen- Smith won the November 1926 Illinois gen- ever, the Senate voted to unseat Republican ate without a recommendation. Beginning in eral election. The Special Committee contin- Smith Brookhart from Iowa and replace him June 1975, the Senate debated the case for six ued its investigation and on January 17, 1928 with his general election opponent, Demo- weeks. Six cloture votes could not cut off the reported to the Senate its recommendation crat Daniel Steck. Republican-led filibuster. The Senate was at that Smith not be seated. The committee Brookhart was certified the winner of the an impasse. The case was resolved only when concluded that Smith’s election was tainted November 1924 Iowa Senate election after a Durkin and Wyman agreed in late July 1975 with fraud and corruption because he had re- state recount showed that he had gained a to support a new election. The day after the ceived campaign contributions from public plurality of less than 800 votes out of the candidates reached their compromise, the service corporations in Illinois while he was more than 900,000 ballots cast in a four-way Senate voted 71 to 21 to declare the seat va- chairman of the state agency that regulated race. In January 1925, his opponent Steck cant. That action paved the way for a Sep- them. The Senate agreed and on January 19, filed with the Senate a challenge to tember 1995 election, which Durkin won deci- 1928 voted 61 to 23 to deny Smith a seat. Brookhart’s seating based on alleged irreg- sively. Smith resigned from office on February 9, ularities in the vote count. In an unusual B. Corrupt elections 1928. Otis F. Glenn was elected to fill the va- twist, the Iowa Republican State Central 1. William Lorimer (1910–12) cancy, and took his seat December 3, 1928. Committee, angered by Brookhart’s failure On three occasions the Senate has deter- 3. William S. Vare (1926–29) to endorse the Coolidge presidential ticket, mined that an election was so tainted with William S. Vare, the Republican nominee also challenged his election on the ground corruption that its results were invalid. for the Senate from Pennsylvania, also won that Brookhart was not, as he had rep- Each time, the Senate declared the seat va- the November 1926 general election despite resented himself to be, a member of the Re- cant. The first occurred in 1912 when the the negative publicity surrounding the Spe- publican Party. The Senate allowed Senate voted to overturn the certified elec- cial Committee’s investigation of his pri- Brookhart to take his seat at the beginning tion of William Lorimer of Illinois. The Illi- mary win. His opponent in the general elec- of the 69th Congress in March 1925 and re- nois legislature elected Lorimer to the Sen- tion, Democrat William B. Wilson, filed a pe- ferred the challenges to the Committee on ate, where he took his seat in 1909. In May tition challenging Vare’s credentials, alleg- Privileges and Elections. Beginning in the 1910, Lorimer asked the Senate to inves- ing corruption by Vare’s supporters in the summer of 1925, the Committee conducted an tigate allegations by the press that he had general election. Wilson’s allegations in- investigation of Brookhart’s election, which gained his seat through bribery. In December cluded ‘‘padded registration lists, ‘phantom’ included a recount in Washington, D.C. of 1910, the Committee on Privileges and Elec- voters who were actually dead or imaginary, each of the ballots cast. In March 1926, the tions reported to the Senate its determina- criminal misuse of campaign funds, and Committee reported to the Senate that tion that Lorimer’s election was valid. The voter intimidation.’’ 13 The Committee on Steck had received a plurality of 1,420 votes Committee majority argued for the applica- Privileges and Elections conducted an inves- and recommended that Brookhart be un- tion of a standard that had been established tigation of Vare’s general election campaign seated and replaced by Steck. Much of the by precedent: the Senate would invalidate an that supplemented the Special Committee’s seven-day Senate debate concerned the ap- election on the basis of corrupt practices investigation into his primary victory. On plicability of Iowa election law to the vote only if the Senator knew of or sanctioned February 22, 1929, the Special Committee, count. The Committee majority took the po- the corrupt activities or if those activities after an almost three-year probe, reported to sition that the Senate was not constrained had changed the outcome of the election.9 In the Senate its unanimous recommendation 8 by Iowa law. On April 12, 1926, the Senate, in March 1911, the Senate declared the election that Vare should not be seated because of a vote that crossed party lines and did not valid. the evidence of corruption it had uncovered, include Brookhart, voted by a margin of 45 Repeated press reports of bribery in including thousands of instances of fraudu- to 41 to unseat Brookhart and replace him Lorimer’s election forced the Senate to con- lent registration. On December 5, 1929, the with Steck. tinue to probe the allegations, however, and Committee on Privileges and Elections re- in June 1911, the Senate created a special ported to the Senate its contrary determina- * Footnotes at end of report. committee to conduct a second investiga- tion that Vare’s election was lawful. After a September 4, 1997 CONGRESSIONAL RECORD — SENATE S8769 day of debate, the Senate voted on December from the precedents established.’’ 22 A discus- Durkin and Louis Wyman for a New Hamp- 6, 1929, by a margin of 66 to 15, that William sion of those general principles is set forth shire Senate seat, also discussed above in Wilson had not been elected, and, by a mar- below. Section II. A certificate of election had been gin of 58 to 22, that Vare should be denied a A. Beginning the election contest issued to Durkin, but, after a recount, the seat. On December 12, 1929, Joseph R. Grundy certificate was rescinded and reissued to Senate election contests are most fre- took Vare’s seat by appointment. Wyman. At the swearing-in of new members- quently begun with the filing of a petition by elect, both Wyman and Durkin were asked to C. Recent challenges the losing candidate, addressed to the Sen- stand aside,36 and the certificates were re- Since 1992, three Senate elections have ate, protesting the seating of the contestee ferred to the Committee on Rules and Ad- been contested, but in none of these cases and asserting a right to the seat in question. ministration.37 After neither the Rules Com- has the election result been overturned. In However, there is no requirement that the mittee nor the full Senate was able to re- 1992, two petitions were filed asking the Sen- protest be made by a losing candidate. Peti- solve the dispute, the seat was ultimately ate to seat Senator-elect Coverdell condi- tions have also been filed by interested vot- declared vacant.38 tionally pending the resolution of legal com- ers in the state,23 and in Steck v. Brookhart, The more common practice in recent years plaints concerning his election. One petition, discussed above in section II, a protest was has been to seat the certified member-elect filed by four Georgia citizens, asked that filed not only by the unsuccessful Demo- against whom a petition of contest has been Senator-elect Coverdell be seated condi- cratic candidate, but by the state’s Repub- filed, but to administer the oath of office to tionally pending the resolution of a federal lican committee as well, which maintained him ‘‘without prejudice.’’ 39 The effect of ad- lawsuit brought by the four petitioners and that the certified winner of the election was ministering the oath without prejudice is, it Public Citizens, Inc. challenging the con- not a proper party member.24 Although no has been said, ‘‘a two-sided proposition— stitutionality of a Georgia law requiring a rule exists, recent practice has been to file without prejudice to the Senator and with- run-off between the top two candidates the petition with the President of the Sen- out prejudice to the Senate in the exercise of where no single candidate has won a major- ate.25 On other occasions, the petition has its right.’’ 40 The ‘‘right’’ of the Senate is its ity in the general election. The second peti- been sent to various members of the Senate right, by majority vote, to later unseat the tion, filed by three Georgia citizens, asked majority and minority leadership.26 Peti- member or affirm his membership after the the Senate to seat Senator-elect Coverdell tions of contest are not the only means issues respecting his right to the seat are re- conditionally until the Federal Election available for instituting an election contest. solved.41 The most recent explanation of this Commission (‘‘FEC’’) had an opportunity to A member may offer a resolution calling for practice came from then Majority Leader investigate a complaint filed by the Demo- an investigation of an election.27 In addition, Dole at the beginning of the 104th Congress cratic Senate Campaign Committee the Committee on Rules and Administration in connection with administering the oath to (‘‘DSCC’’) charging that the National Repub- has asserted its right to investigate an elec- Senator-elect Feinstein, whose election had lican Senatorial Committee (‘‘NRSC’’) had tion contest upon its own motion.28 Recent been challenged by her opponent. It was Sen- exceeded campaign spending limits during Senate practice has been to refrain from in- ator Dole’s view that the phrase ‘‘without the Georgia run-off election. Senator vestigating a contested election until the prejudice’’ had no effect upon the rights of Coverdell was sworn in with accompanying state has conducted its own review or re- the Senator to act as a Senator, or the rights language noting that he was being seated count, where such state remedies were avail- of the Senate to act as the judge of the Sen- ‘‘without prejudice’’ to the Senate’s right to able.29 consider the petitions before it.14 Public Citi- ator’s election: zen’s lawsuit challenging the constitutional- B. Senate action upon filing of petition ‘‘The oath that will be administered to ity of the 1992 run-off election was dismissed 1. The Decision to Seat Senator Feinstein, just as the oath that will by a federal district court in March 1993. The If a petition of contest is filed in advance be administered to all other Senators-elect, district court’s decision was upheld on ap- of the presentation of credentials and swear- will be without prejudice to the Senate’s peal in June 1993. In April 1995, the FEC con- ing-in of senators-elect on the opening day of constitutional power to be the judge of the cluded that it could not reach a verdict with a new Congress,30 the Senate must decide election of its members. . . . [T]he making respect to the charge that the NRSC had whether to seat the certified senator-elect of this statement [that the oath is adminis- overspent during the run-off election.15 The pending resolution of the election contest. tered ‘‘without prejudice’’] prior to the Rules Committee took no official action on The practice of the Senate has generally swearing in of a challenge[d] Senator-elect the petitions. been to treat a state certification that ap- serves the purpose of acknowledging for- Also in 1992, several petitions contesting pears proper on its face 31 as prima facie evi- mally that the Senate has received an elec- the election of Senator Packwood were filed dence that the member-elect is entitled to a Sen- tion petition and that it will review the peti- by Oregon voters. These petitions, later con- ate seat, and to seat him pending determining of tion in accordance with its customary proce- solidated, argued that Senator Packwood his right to office: dures.’’—141 Cong. Rec. S4 (daily ed. Jan. 4, had lied to the voters regarding his mistreat- ‘‘[T]he orderly and constitutional method 1995).42 ment of women and had thereby ‘‘defrauded’’ of procedure in regard to administering the 2. Reference to committee the electorate. The petitions asked that the oath to newly elected Senators [is] that The petition of contest and other papers election result be set aside. Like Senator when any gentleman brings with him or pre- that have been filed relating to an election Coverdell, Senator Packwood was seated sents a credential consisting of the certifi- contest are referred to the Committee on without prejudice to the Senate’s right to re- cate of his due election from the executive of Rules and Administration for investigation view the petitions.16 By a vote of 16–0, the his State he is entitled to be sworn in, and and recommendations.43 The committee has Rules Committee dismissed the petitions that all questions relating to his qualifica- jurisdiction over ‘‘[c]redentials and quali- against Senator Packwood in May 1993. tion should be postponed and acted upon by fications of Members of the Senate [and] While the Committee did not formally report 32 the Senate afterwards.’’ contested elections’’ 44 Under the rules of the to the Senate, the Chairman advised the Although this has been the usual Senate Senate, standing committees continue in ex- Senate of the Committee’s decision not to practice, the Senate retains its discretion to istence and maintain their power during the proceed further with the inquiry and the look behind such credentials and to refuse to recesses and adjournments of the Senate.45 Senate took no action.17 seat a member-elect until it completes its The committee, on the basis of this rule and Finally, in 1994 California Senatorial can- adjudication of the election contest. For ex- the Senate precedents that underlie it, has didate Michael Huffington filed a petition ample, in the 1927 contest of Wilson v. Vare asserted its power to continue investigations contesting the election of Senator Dianne for a Pennsylvania Senate seat, discussed without interruption during periods of ad- Feinstein. In his petition, Huffington argued above in section II, the Senate asked the cer- journment.46 The committee has also began that some of the votes cast for Senator Fein- tified senator-elect, William Vare, to step investigations of election contests in ad- stein were invalid and that he had won a ma- aside. The Senate refused to seat Vare until vance of the convening of the Congress to jority of the valid ballots cast. Senator Fein- a special committee, previously formed to which the member-elect was elected.47 stein was sworn in ‘‘without prejudice’’ to investigate excessive expenditures and cor- C. Committee practice and procedure the Senate’s right to consider the petitions rupt practices in the 1926 senatorial cam- before it.18 Huffington withdrew his petition paigns in Pennsylvania and Illinois, had 1. Pleadings before the committee before the Rules Committee could report to completed its investigation and made its In most election cases, the protest takes 19 the Senate. final report.33 This exercise of power was the form of a petition and complaint, similar III. SENATE PROCEDURES IN CONTESTED upheld in a case arising out of the Vare in- to that in a lawsuit, describing in varying ELECTION CASES vestigation, Barry v. U.S. ex rel. detail the grounds upon which the challenge Unlike the House of Representatives, Cunningham,34 in which the Supreme Court is based. The contestee files a response, typi- whose election contests are governed in part held that the Senate had the discretion to cally in the form of an answer or an answer by codified procedures,20 ‘‘[t]he Senate has decide whether to accept Vare’s credentials combined with a motion to dismiss. The par- never perfected specific rules for challenging and administer him the oath, pending adju- ties may submit follow-up replies, and in the right of a claimant to serve.’’ 21 Rather, dication of the election contest.35 some cases the contestant, either on his own Senate ‘‘practice has been to consider and The Senate most recently refused to seat a or upon the request of the committee, may act upon each case on its own merits, al- member-elect presenting state credentials in file one or more amended complaints. In ad- though some general principles have evolved the 1975 election contest between John dition to formal pleadings, the parties may S8770 CONGRESSIONAL RECORD — SENATE September 4, 1997 submit various legal memoranda on issues lot, and fraudulently altered ballots. Inves- E. Application of State election laws relevant to the investigation, for example, tigation of such questions may require a sig- The Senate has generally attempted to ob- on questions concerning the scope and appli- nificant commitment of committee man- serve state election laws in resolving elec- cability of the state’s election laws.48 power. For example, in investigating charges tion contests. However, as the final judge of 2. Committee hearings of violations of New Mexico voters’ constitu- its elections, the Senate is not bound by Committee hearings may be held not only tional right to a secret ballot in Hurley v. state election laws, and has exercised its in Washington, but also at the site of the Chavez, committee investigators interviewed power to disregard those laws, especially in election49 The parties and their counsel are and obtained signed and witnessed state- instances where their technical application generally permitted an active role in these ments from thousands of voters throughout would invalidate the will of the voters.79 As hearings. Either the contestants or their the state. A number of Spanish-speaking in- Senator Cannon stated about the Senate’s counsel typically make opening state- vestigators were engaged by the committee investigation of the Durkin v. Wyman con- 66 ments,50 and counsel may be permitted to to aid in this effort. test, ‘‘The U.S. Senate, as the final judge or make subsequent legal arguments and other- 4. Committee report and recommendations arbiter of elections, returns, and qualifica- wise present their client’s positions during Upon the completion of its investigation tions of its Members, is not bound by the the hearings.51 The parties may be permitted and any recount, the committee submits to statutes and case law of a State, although to call witnesses,52 and counsel may be given the Senate a report, together with an accom- the committee has consistently given weight the right to question and cross-examine wit- panying resolution, recommending a final to the New Hampshire law consistent with nesses themselves.53 As might be expected disposition of the election contest. The re- the attempt to determine the intent of the given the politically charged nature of the port may also contain minority views.67 voter.’’ 80 In determining whether to give ef- issues that may arise in these disputes, hear- There are several courses of action that the fect to state election laws, a distinction is ings may be lengthy, particularly if a re- committee may recommend to the Senate. often drawn between ‘‘directory’’ and ‘‘man- count is conducted. For example, the Rules The committee may recommend that the pe- datory’’ provisions of state law. ‘‘Manda- Committee held 46 sessions and 698 rollcall tition of contest by dismissed. Dismissals of tory’’ provisions affecting the right of suf- votes in its attempt to resolve the Durkin v. contests are commonly based on the ground frage itself have been more strictly followed Wyman content.54 that the allegations of the petition are too than ‘‘directory’’ provisions, such as those 3. Committee recount procedures general to justify committee investigation.68 governing ministerial functions of state elec- or that even if the allegations are accepted In many cases, the nature of the protest is tion officials and technical requirements as true, they would be insufficient to affect such that the committee will not engage in concerning the manner of marking ballots. the result of the election.69 Alternatively, a recount. In some cases, no recount will be F. Senate disposition based upon its investigation, the committee requested by the contestant. For example, in Election contests are generally disposed of, may recommend that a certain candidate has the 1975 Edmondson v. Bellmon contest, the following floor consideration and debate, received a majority of the valid votes and challenger’s sole complaint was that the vot- pursuant to Senate resolution. A resolution should be declared the winner.70 Finally, the ing machines in one county had been pro- from the committee disposing of a contested committee may conclude that no winner can grammed in violation of Oklahoma law.55 In election case is highly privileged; it does not be determined, and recommend that the elec- other cases, the committee may decide to have to lie over a day and has precedence tion be set aside and the seat declared va- make its recommendations exclusively on over most unfinished business or motions.81 the basis of the pleadings and other evidence cant so that a special election can be held. However, in the two most recent Senate The parties to the election contest, including introduced by the parties, and reject any contested election cases in which the full bona fide claimants and senators-elect who full-scale investigation or recount.56 The Senate has acted, both occurring during the have not been permitted to take the oath of committee may also refuse to conduct a re- 94th Congress, the committee was unable to office, are usually granted floor privileges count because of the contestant’s failure to 82 agree upon recommendations for final dis- during the debate on the election contest; exhaust available state recount procedures.57 position of the contests. As noted in the occasionally, they have even been granted The decision to conduct a recount is gen- Durkin v. Wyman contest, the inability of the the privilege of addressing the Senate to erally made by the formal adoption of a reso- 83 committee to resolve the numerous issues on present their case. lution by the committee; 58 the resolution The Senate may adopt a resolution dis- which it was evenly divided prevented it may authorize a recount on less than a missing the complaint; such resolutions are from reaching agreement on a final rec- statewide basis, limited to selected counties frequently adopted by unanimous consent ommendation; the committee was able only in the state or to a particular group of pro- with little or no floor debate.84 If a senator- to report a resolution seeking Senate deter- tested ballots.59 elect who has previously been sworn in is de- mination of the issues upon which the com- The first step of a recount is to secure im- termined by the Senate to be entitled to the mittee had deadlocked.72 In the Edmondson v. mediate possession of all election records seat, the resolution will declare that he was Bellmon contest the committee found that the bearing on the contest. Most Senate re- duly elected for a six-year term as of the Oklahoma election laws had been violated counts have been conducted in Washington.60 date he received the oath.85 Where the con- and that those violations could have affected Committee staff members, often together testant is declared the winner and the in- the results of the election, but it was unable with the Sergeant at Arms, may be sent to cumbent is unseated, or if no one had earlier to determine who would have won the elec- the state to seal all voting machines and to been sworn in, upon adoption of the resolu- tion had the violations of law not occurred. bring back paper ballots, tally sheets, ballot tion, the prevailing party has been imme- The committee reported a resolution re- stubs, and other election records.61 In some diately given the oath of office and seated.86 questing that the Senate determine the out- cases, committee subpoenas have been issued In most instances, where the Senate has de- come of the election.73 A minority report, to the responsible state election officials to termined that the state-certified victor which charged that the majority report was obtain these records.62 Stringent security should not be seated, it has declared the seat partisan, recommended that the challenge be precautions have been observed in transport- vacant.87 dismissed. After four days of debate, the Sen- ing these materials to Washington and in G. Reimbursement of election contest expenses storing them during the recount. For exam- ate voted 47 to 46 to table the majority’s res- The Senate has by resolution authorized ple, in the Durkin v. Wyman contest, ballots olution. By voice vote the Senate then de- the payment of expenses incurred by the par- were kept in a locked room in the basement clared that the state-certified victor should ties in contested election cases.88 Reimburse- of the Russell Office Building with Capitol keep his seat. ment is not automatic, however, and the Police officers on guard around the clock; D. Standard of review Senate has refused to authorize payment of two padlocks were placed on the door, with a The contestant in an election has the bur- expenses even in instances where the com- different key given to the ranking majority den of proof to establish, by a preponderance mittee recommended such payment.89 Most and minority members of the committee.63 of evidence,74 the allegations raised in his pe- of these resolutions authorizing reimburse- Often extensive field investigations may be tition. Sufficient evidence must be offered to ment specify the amount of the payments, necessary at various stages of the recount overcome the presumption that the official typically less than the actual expenses in- process. Voting machines may need to be in- returns are prima facie evidence of the regu- curred by the parties during the contest. In spected to verify that the machines accu- larity and correctness of the election75 and the Durkin v. Wyman contest, however, the rately recorded the votes cast and that the that election officials have properly per- resolution authorized payments out of the total votes recorded on the machines cor- formed their legal duties.76 Not only must contingent fund of the Senate to reimburse responds with the number of voters listed on the contestant overcome these presumptions both Durkin and Wyman in an amount to be the pollbooks.64 Registration records may of regularity, but he must affirmatively es- determined by the committee.90 need to be examined and compared with the tablish that the irregularities complained of pollbooks to ensure that only legally author- would affect the result of the election.77 In DURATION OF CONTESTED ELECTION CASES ized voters are included in the count.65 In addition to these general standards, common Investigations many election cases, charges of a wide vari- to all election contests, the committee will Edmondson v. Bellmon, Oklahoma, 1975 ety of election irregularities will be at issue, often adopt detailed evidentiary presump- election: 18 months; investigation delayed 9 such as illegal assistance or corruption of tions to govern its consideration of the fac- months during New Hampshire case. voters, tampering with ballot boxes or voter tual issues that may be raised in a particular Hurley v. Chavez, New Mexico, 1952 elec- machines, violation of the secrecy of the bal- contest.78 tion: 15 months; fraud investigation. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8771 Tydings v. Butler, Maryland, 1950 election: 17 See 139 Cong. Rec. S6294 (daily ed. May 21, 1993) to fill a vacancy which had not been filled by the 8 months; campaign finance and slander in- (statement of Senator Ford). legislature while it was in session. E.g. Matthew 18 vestigation. 141 Cong. Rec. S4 (daily ed. Jan. 4, 1995). Quay (1899), id. at 261–62; Henry W. Corbett (1897), id. 19 Michael Doyle, Huffington Concedes Nov. 8 Senate at 253–55; Lee Mantle (1893), id. at 243–45. A number of Sweeney v. Kilgore, West Virginia, 1948 Race, The Fresno Bee, Feb. 8, 1995, at A3. cases involved instances where more than one can- election: 18 months; fraud investigation. 20 The Federal Contested Election Act of 1969, 2 didate presented credentials for a seat. E.g., Lucas v. Hook v. Ferguson, Michigan, 1948 election: U.S.C. §§ 381–396 (1994). Prior to 1969, House election Faulkner (1887), id. at 230–31; Reynolds v. Hamilton 9 months; fraud investigation. contests were governed by the provisions of the Con- (1870), id. at 164–65; Stanton v. Lane (1861), id. at 92– Long and Overton, Louisiana, 1932 election: tested Elections Act, 2 U.S.C. §§ 201–226 (repealed), 94. Many occurred during the Civil War when there 20 months; fraud investigation by special which derived from the Act of Feb. 19, 1851, ch. 11, 9 was concern about seating senators disloyal to the committee. Stat. 568. Union cause or senators representing states in a Heflin v. Bankhead, Alabama, 1930 elec- 21 Senate Election, Expulsion and Censure Cases from state of rebellion. E.g., Fishback, Baxter and Snow 1793 to 1972, S. Doc. No. 7, 92d Cong., 1st Sess. vii (1864), id. at 117–20; Cutler Smith and Hahn (1864), id. tion: 17 months; fraud investigation. (1972). at 121–23; Segar and Underwood (1865), id. at 124–26. Smith, Illinois, 1926 election: 20 months; 22 Id. 34 279 U.S. 597 (1929). campaign finance and bribery investigation 23 See William Langer, S. Rep. No. 1010, 77th Cong., 35 Id. at 614–15. by special committee. 2d Sess. 1 (1942). Following the 1992 election, five 36 121 Cong. Rec. 4–5 (1975). Wilson v. Vare, Pennsylvania, 1926 elec- groups of Oregon voters filed petitions with the Sen- 37 121 Cong. Rec. 1495 (1975). 38 tion: 31⁄2 years; fraud and campaign finance ate contesting the election of Senator Robert Pack- 121 Cong. Rec. 25960–61 (1975). See generally, D. investigation by special committee. wood, charging that he had engaged in election Tibbetts, The Closest U.S. Senate Race in History Peddy v. Mayfield, Texas, 1992 election: fraud by lying during the campaign about his treat- (1976). ment of women. 39 See, e.g., 141 Cong. Rec. S4 (daily ed. Jan. 4, 1995) Over 2 years; fraud investigation and re- 24 Steck v. Brookhart, S. Rep. No. 498, 69th Cong., 1st (Senator-elect Feinstein); 139 Cong. Rec. S4–S7 count. Sess. 2 (1926). (daily ed. Jan. 5, 1993) (Senators-elect Coverdell and Ford v. Newberry, Michigan, 1918 election: 25 See, e.g., In the Matter of the United States Seat Packwood); 121 Cong. Rec. 8 (1975) (Senator-elect 31⁄2 years; fraud and campaign finance inves- from California in the 104th Congress of the United Bellmon); 117 Cong. Rec. 6 (1971) (Senator-elect tigation. States (1994) (petition filed by Michael Huffington Hartke); 110 Cong. Rec. 18120 (1964) (Senator-elect Recounts contesting the election of Senator Dianne Fein- Salinger) (appointee); 97 Cong. Rec. 3 (1951) (Senator- stein); Petition to Deny Seating to, or Seat Condi- elect Butler). Durkin v. Wyman, New Hampshire, 1975 tionally, Senator Bob Packwood (1992) (filed by Oregon 40 87 Cong. Rec. 3 (1941) (statement of Senator Bar- election: 9 months. voter Keith Skelton); Petition by Certain Voters and kley on the seating of Senator-elect Langer). Markey v. O’Conor, Maryland, 1946 elec- Citizens of the State of Oregon (1992) (also contesting 41 See 87 Cong. Rec. 4 (1941) (ruling of the presiding tion: 16 months. the election of Senator Packwood). officer that ‘‘[i]f this agreement is entered into, only Steck v. Brookhart, Iowa, 1924 election: 15 26 Petition Challenging the Election of Paul Coverdell a majority of the Senate will be required to pass on months. (1993) (filed by three Georgia citizens). the qualifications of the Senator-elect’’). 27 42 Note—dates measured from date of elec- Investigations of improper campaign expendi- Democratic Leader Senator Daschle added his tures and corrupt practices have often been insti- concurrence to Senator Dole’s remarks. Id. In 1993 tion. tuted in this manner. See, e.g., Frank L. Smith, Senate Senators Coverdell and Packwood took the oath of Election Cases, supra note 5, at 330–33; Wilson v. Vare, office while challenges to their election were pend- Any Committee id. 323–29. ing. At that time, Senator Dole, as Republican Lead- Action Taken Dur- State Certified 28 Case ing Sine Die Ad- Candidate Seat- See Hurley v. Chavez, S. Rep. No. 1081, 83d Cong., er, stated his view that ‘‘the phrase ‘without preju- journment of Con- ed? 2d Sess. 2 (1954). dice’ used today is of course meaningless, in its ef- gress? 29 See S. Rep. No. 597, 94th Cong., 2d Sess. 8 (1976) fect upon any subsequent Senate action.’’ 139 Cong. (Edmondson v. Bellmon); S. Rep. No. 156, part 2, 94th Rec. S7 (daily ed. Jan. 4, 1993). Steck v. Brookhart ...... Yes ...... Yes. Cong., 1st Sess. 3–6 (1975) (Durkin v. Wyman); Senate 43 See, e.g., 121 Cong. Rec. 8 (1975) (referral of peti- Durkin v. Wyman ...... Yes ...... No. Election Cases at 419 (Roudebush v. Hartke, 1970–72); id. tion of contest and reply in Edmondson v. Bellmon William Lorimer ...... Yes ...... Yes. at 399 (Hurley v. Chavez, 1952–54). See also S. Rep. No. contest). Election contests were often initially Frank L. Smith ...... Yes ...... No. Wilson v. Vare ...... Yes ...... No. 802, 81st Cong., 1st Sess. 9 (1949) (Sweeney v. Kilgore) heard by the Subcommittee on Privileges and Elec- (where contestant had withdrawn his request for a tions of the Rules Committee; that subcommittee recount by the state, the Subcommittee did not con- was disbanded in 1977. Election contests during the FOOTNOTES duct a recount in keeping ‘‘with the policy of the period 1871–1946 were referred to the Committee on 1 U.S. Const. art. I, § 5, cl. 1. subcommittee to conduct no recount in any State Privileges and Elections; prior to 1871, such disputes 2 Ford v. Newberry, S. Rep. No. 277, pt. 1, 67th Cong. wherein the laws of that State provide for a recount were usually referred to special committees or to 1st Sess. 9 (1921). by candidates for United States Senator.’’). But see the Committee on the Judiciary. In this section of 3 Roudebush v. Hartke, 405 U.S. 15, 19 (1972). Senate Election Cases at 391–93 (Tydings v. Butler, this memorandum, the term ‘‘committee’’ will be 4 277 U.S. 376, 388 (1928). 1950–51) (no effort to pursue state remedies where used generally to refer to the Rules Committee and 5 See generally United States Senate Election, Expul- Senate was conducting a hearing and investigation its predecessor committees. sion and Censure Cases 1793–1990, S. Doc. No. 33, 103d into allegations of campaign irregularities, includ- 44 Rule 25.1(n)(1)(4), Standing Rules of the Senate, Cong., 1st Sess. (1995) (hereafter ‘‘Senate Election ing slander and smear tactics). Following the 1994 S. Doc. No. 104–8, supra note 31, at 30 (1944). Cases’’). This publication, compiled by the Senate general election, Michael Huffington contested the 45 Rule 26.1, Standing Rules of the Senate, S. Doc. Historian’s Office, contains a brief description of all election of Senator-elect Dianne Feinstein in the No. 104–8, supra note 31, at 36. Senate election, expulsion, and censure cases during Senate without first seeking a recount in California. 46 See 121 Cong. Rec. 1472 (1975) (statement of Sen. the period 1793 to 1990. Huffington later withdrew his Senate petition before Allen); Senate Election, Expulsion and Censure Cases 6 Two involve the unseating of Senators who were the Rules Committee could report to the Senate. See From 1909–1960, S. Doc. No. 71, 87th Cong., 2d Sess. found ineligible under the Constitutional require- Susan Yoachum, Huffington Concedes, Drops Voter viii (1962). ment that a Senator be a U.S. citizen for nine years; Challenge, S.F. Chron., Feb. 8, 1995, at A3; Michael 47 See Durkin v. Wyman, S. Rep. No, 94–156, part 2, see Senate Election Cases at 3 (Albert Gallatin, 1793– Doyle, Huffington Concedes Nov. 8 Senate Race, The supra note 29, at 5–6. 94) and 54 (James Shields, 1849); and two others in- Fresno Bee, Feb. 8, 1995, at A3. 48 See, e.g., Senator from Oklahoma: Hearings Before volve challenges to the method to elect U.S. Sen- 30 There is no such requirement; petitions are fre- the Subcomm. on Privileges and Elections of the Senate ators used by state legislatures prior to the 1913 quently filed after the contestee has been seated. Comm. on Rules and Administration, 94th Cong., 1st ratification of the Seventeenth Amendment, id. at 74 See, e.g., Hook v. Ferguson (1949), Senate Election Sess. 221–464 (1975) (hereinafter ‘‘Edmondson v. (James Harlan, 1855–57) and 127 (John Stockton, Cases, supra note 5, at 386. Bellmon Hearings’’) (collecting together pleadings 1865–66). 31 The Senate has adopted forms of suggested cer- and memoranda of contestants). 7 Id. at 424 (John A. Durkin v. Louis C. Wyman, 1974– tificates of election and appointment of senators. 49 For example, in the Edmondson v. Bellmon con- 75); id. at 333 (Frank L. Smith, 1926–28); id. 328 (Wil- See Rule 2.3, Standing Rules of the Senate, S. Doc. test, committee staff members held hearings in liam B. Wilson v. William S. Vare, 1926–29); id. at 283 8, 104th Cong., 1st Sess. 2 (1994). Credentials should Oklahoma, which were followed with hearings before (William Lorimer, 1910–12); id. at 129 (John P. Stock- be signed by the governor and attested by the sec- the committee in Washington. S. Rep. No. 94–597, ton, 1865–66); id. at 76 (James Harlan, 1855–57); id. at retary of state of the state in which the election was supra note 29, at 5–6 (1976). 55 (James Shields, 1849); id. at 4 (Albert Gallatin, held. 50 See, e.g., Edmondson v. Bellmon Hearings, supra 1793–94). 32 37 Cong. Rec. 1 (1903) (statement of Sen. Hoar). note 48, at 11–47; Senator from New Hampshire: Hear- 8 The Senate has maintained consistently the ma- See also Riddick’s Senate Procedure, S. Doc. No. 28, ings Before the Subcomm. on Privileges and Elections of jority’s position. See infra at 26, 27. 101st Cong., 2d Sess. 704 (Alan S. Frumin ed., rev. ed. the Senate Comm. on Rules and Administration, 93d 9 S. Rep. No. 942, pt. 1, 61st Cong., 3d Sess. 2 (1910). 1992) (‘‘Under orderly procedure, a Senator-elect, Cong., 2d Sess. 136–205 (1975) (hereafter ‘‘Durkin v. 10 S. Rep. No. 769, 62d Cong., 2d Sess. 91 (1912). upon presentation of credentials, should be sworn in, Wyman Subcommittee Hearings’’); Steck v. 11 Id. at 100–14. and all matters touching his qualifications should Brookhart, S. Rep. No. 69–498, supra note 24, at 5. 12 See id. at 101 (noting that one of the bribed legis- be determined thereafter.’’); Senate Election Cases, 51 See Durkin v. Wyman, S. Rep. No. 94–156, part 1, lators had successfully blackmailed Lorimer to ob- supra note 5, at xviii. supra note 29, at 2; Senator from New Mexico: Hearings tain employment, and that an ‘‘innocent [man] 33 60 Cong. Rec. 4, 337–38 (1927). As discussed above Before Subcomm. on Privileges and Elections of the Sen- would indignantly have refused to have anything in Section II, the certified senator-elect from Illi- ate Comm. on Rules and Administration, 83d Cong., 1st else to do with such a blackmailer.’’) nois, Frank L. Smith, was also asked to step aside, Sess. 159–82 (1953) (hereafter ‘‘Hurley v. Chavez Hear- 13 Senate Election Cases at 325. based upon similar indications for fraud and corrup- ings’’) (argument of counsel on motion of dismiss). 14 139 Cong. Rec. S4–S7 (daily ed. Jan. 5, 1993). As tion discovered by the special committee. See Senate 52 See Edmondson v. Bellmon Hearings, supra note 48, discussed below, see discussion infra at 17, such Election Cases, supra note 5, at 333. The Senate has at 49–50. qualifying language probably has no legal effect. also refused to seat members-elect presenting cre- 53 See Steck v. Brookhart, S. Rep. No. 69–498, supra 15 However, the FEC found that Senator dentials in a number of cases predating the adoption note 24, at 6–7; Johnson v. Schall, S. Rep. No. 1021, Coverdell’s 1992 campaign committee had accepted of the Seventeenth Amendment in 1913. In many of 69th Cong., 1st Sess. 3–8 (1926). $66,000 in improper contributions from 95 people. The these cases, the credentials were invalid for reasons 54 S. Rep. No. 94–156, part 1, supra note 29, at 2. This FEC fined the committee $32,000 and directed it to either apparent on their face or otherwise within the was in addition to hearings held by the Subcommit- return the improper contributions. knowledge of the Senate, for example, because a tee on Privileges and Elections. See Durkin v. Wyman 16 139 Cong. Rec. S4–S7 (daily ed. Jan. 5, 1993). governor was attempting to make an appointment Subcommittee Hearings, supra note 50. S8772 CONGRESSIONAL RECORD — SENATE September 4, 1997 55 S. Rep. No. 94–597, supra note 29, at 3–5. contrary, someone other than the voter would be opment, planning, implementation, or ad- 56 See Willis v. Van Nuys, S. Rep. No. 281, 76th Cong., deemed responsible and the vote would be counted. ministration of any national testing pro- 1st Sess. 8 (1939) (rejecting recount because of the S. Rep. No. 83–1081, supra note 28, at 268. gram in reading or mathematics unless the absence of a prima facie showing that it might re- 79 Likewise, the Senate is not bound by the deci- sult in unseating of the contestee); Bursum v. sions of state courts or the results of state recount program is specifically authorized by Fed- Bratton, S. Rep. No. 724, 69th Cong., 1st Sess. 7–10 proceedings, though such state determinations are eral statute. (1926) (recount unjustified because no preliminary often accorded ‘‘great weight.’’ Johnson v. Schall, S. Specter amendment No. 1069, to express evidence was offered tending to cast doubt upon the Rep. No. 69–1021, supra note 53, at 9. For additional the sense of the Senate that the Attorney accuracy of the official returns). references, see supra note 29. General has abused her discretion by failing 57 See Sweeney v. Kilgore, S. Rep. No. 81–802, supra 80 121 Cong. Rec. 18620 (1975). to appoint an independent counsel on cam- note 29, at 9. 81 See 84 Cong. Rec. 3611 (1939) (statement of Sen. paign finance matters and that the Attorney 58 See, e.g., Hurley v. Chavez, S. Rep. No. 83–1081, George); 76 Cong. Rec. 3544 (1933) (statement of General should proceed to appoint such an supra note 28, at 265. President pro tempore). See also Riddich’s Senate Pro- 59 For example, in the Durkin v. Wyman contest, cedure, supra note 32, at 706. independent counsel immediately. the committee ordered a recount of the approxi- 82 Id. at 560. In the Durkin v. Wyman contest, both Coats/Nickles amendment No. 1077, to pro- mately 3,500 ballots that had been before the state parties, together with their counsel, were permitted hibit the use of funds for research that uti- ballot law commission. S. Rep. No. 94–156, part 2, to sit in the rear of the Senate chamber during the lizes human fetal tissue, cells, or organs that supra note 29, at 8. The committee may also begin debate. See D. Tibbetts, supra note 38, at 123. Durkin, are obtained from a living or dead embryo or with a limited recount to determine if there are suf- by unanimous consent, was given the privilege of fetus during or after an induced abortion. ficient grounds for a wider investigation and state- the floor. 121 Cong. Rec. 1472 (1975). No such motion wide recount. See O’Conor v. Markey, S. Rep. No. was required for Wyman, as he already had floor AMENDMENT NO. 1077 1284, 80th Cong., 2d Sess. 3, 11–12 (1948) (preliminary privileges as an ex-senator. The PRESIDING OFFICER. Amend- five-county recount subsequently widened to state- 83 See S. Res. 2, 70th Cong., 1st Sess., 69 Cong. Rec. ment No. 1077 is now pending. wide recount in light of trend reducing incumbent’s 338 (1927) (according William Vare ‘‘the privileges of Mr. COATS addressed the Chair. lead). the floor of the Senate for the purpose of being 60 An alternative approach is to count the ballots heard touching his right to receive the the oath of The PRESIDING OFFICER. The Sen- at locations in the state, and only bring to Washing- office and to membership in the Senate’’). There ator from Indiana. ton those ballots remaining in dispute for commit- were even early instances when counsel for the par- Mr. COATS. Mr. President, we will be tee review. See O’Conor v. Markey, S. Rep. No. 80– ties were permitted to address the Senate. See 17 An- resuming discussion of the amendment 1284, supra note 59, at 3. nals of Cong. 187–207 (1808) (statement of Francis 61 See Durkin v. Wyman, S. Rep. No. 94–156, part 1, Scott Key); id. at 207–234 (statement of R.G. Harper). I offered last evening. I don’t intend to supra note 29, at 4; Heflin v. Bankhead, S. Rep. No. 84 See, e.g., S. Res. 123, 76th Cong., 1st Sess., 84 repeat all that I said last evening. I do 568, 72d Cong., 1st Sess. 36 (1932); Peddy v. Mayfield, Cong. Rec. 4183 (1929) (Willis v. Van Nuys); S. Res. 115, know there are a few other Senators S. Rep. No. 973, 68th Cong., 2d Sess. 3 (1925). 76th Cong., 1st Sess., 84 Cong. Rec. 3611–12 (1929) 62 who wish to speak on this amendment, See Hurley v. Chavez, S. Rep. No. 83–1081, supra (Neal v. Steward); S. Res. 343, 72d Cong., 2d Sess., 76 note 28, at 75; Steck v. Brookhart, S. Rep. No. 69–498, Cong. Rec. 3544–45 (1933) (Hoidale v. Schall). and, hopefully, we can accomplish that supra note 24, at 2. 85 See S. Res. 142, 81st Cong., 1st Sess., 95 Cong. Rec. in a reasonable time and then move to 63 D. Tibbetts, supra note 38, at 60. 10321 (1949) (Sweeney v. Kilgore); S. Res. 141, 81st 64 See Durkin v. Wyman, S. Rep. No. 94–156, part 1, a vote. Cong., 1st Sess., 95 Cong. Rec. 10321 (1949) (Hook v. It is not my intention to utilize this supra note 29, at 35; Hurley v. Chavez, S. Rep. No. 83– Ferguson); S. Res. 234, 80th Cong., 2d Sess., 94 Cong. 1081, supra note 28, at 276. Rec. 6160 (1948) (O’Connor v. Kilgore). amendment as a means of delaying a 65 Hurley v. Chavez, id. at 55. 86 See S. Res. 194, 69th Cong., 1st Sess., 67 Cong. vote on the larger appropriations bill 66 Id. at 16. In the Sweeney v. Kilgore contest, 22 in- Rec. 7301 (1926) (Steck v. Brookhart). or specifically on the amendment that vestigators hired by the committee spent a total of 87 See, e.g., Senate Election Cases, supra note 5, at 333 7,006 man-days over a period of 18 months conduct- (Frank L. Smith, 1926–28); id. at 328 (William B. Wil- we adopted last evening, increasing ing field investigations. S. Rep. No. 81–802, supra son v. William S. Vare, 1926–29); id. at 283 (William funding for Parkinson’s research, an note 29, at 6. Lorimer, 1910–12). But see id. at 314 (Daniel F. Steck v. amendment I supported and worked to- 67 See Edmondson v. Bellman, S. Rep. No. 94–597, Smith W. Brookhart, 1925–26). gether with Senator WELLSTONE and supra note 29, at 27–50; Steck v. Brookhart, S. Rep. No. 88 See e.g., S. Res. 346, 72d Cong., 2d Sess., 76 Cong. 69–498, supra note 24, at 23–33. Rec. 5008 (1933); S. Res. 256, 69th Cong., 1st Sess., 67 others on this effort. I was pleased the 68 See Pritchard v. Bailey, S. Rep. No. 1151, 72d Cong. Rec. 12633 (1926); S. Res. 211 & 212, 69th Cong., Senate adopted my amendment related Cong., 2d Sess. 1 (1933); Hoidale v. Schall, S. Rep. No. 1st Sess., 67 Cong. Rec. 10563–64 (1926); S. Res. (un- to the whole area of medical research 1066, 72d Cong., 2d Sess. 6 (1933). numbered), 47th Cong., 1st Sess., 13 Cong. Rec. 2047 69 See Willis v. Van Nuys, S. Rep. No. 76–281, supra (1992); S. Res. (unnumbered), 46th Cong., 3d Sess., 11 so that we can commission a study note 56, at 2; Heflin v. Bankhead, S. Rep. No. 72–568, Cong. Rec. 1911–12 (1991). which would give us, before the next supra note 61, at 20–21. 89 See 79 Cong. Rec. 14449–50 (1935) (declining pay- appropriations and authorization cycle, 70 E.g., Sweeney v. Kilgore, S. Rep. No. 81–802, supra ment of attorney’s fees for contestant and a better idea of how we can direct re- note 29, at 18; Hook v. Ferguson, S. Rep. No. 801, 81st memorialists in Henyr v. Holt election contest). Cong., 1st Sess. 1 (1949); O’Conor v. Markey, S. Rep. 90 S. Res. 247, 94th Cong., 1st Sess., 121 Cong. Rec. search funds to achieve the greatest No. 80–1284, supra note 59, at 17; Steck v. Brookhart, S. 39861 (1975). good for the greatest number. Rep. No. 69–498, supra note 24, at 15; Bursum v. There are allocations currently made Bratton, S. Rep. No. 69–724, supra note 56, at 10. f 71 on the basis of who has the best lobby- See Hurley v. Chavez, S. Rep. No. 83–1081, supra RESERVATION OF LEADER TIME note 28, at 5. The Senate rejected the committee’s ing effort and perhaps who has the best recommendation and permitted Chavez to retain his The PRESIDING OFFICER. Under champion in the Congress. While I seat. the previous order, the leadership time 72 S. Rep. No. 94–156, part 1, supra note 29, at 1. don’t in any way mean to impugn the 73 S. Rep. No. 94–597, supra note 29, at 1–2. is reserved. motives of anyone here who is putting 74 Although the standard has not been expressly f their heart and soul into providing sup- stated by the committee in these terms, this would port for research on a disease that af- appear to be the most accurate characterization of DEPARTMENTS OF LABOR, the burden of proof that the committee has applied HEALTH AND HUMAN SERVICES, fects them or that they believe is im- in election contests. See, e.g., Wilson v. Vare, S. Rep. AND EDUCATION, AND RELATED portant and critical, I do think that in No. 47, 71st Cong., 2d Sess. 2 (1929) (‘‘it must be the interest of the widespread number found, not beyond a reasonable doubt, perhaps, but AGENCIES APPROPRIATIONS it must be the conviction of reasonable men, at ACT, 1998 of diseases that are currently under re- least, that the proof sustained the charges’’). search at NIH and other places and the 75 Pritchard v. Bailey, S. Rep. No. 72–1151, supra note The PRESIDING OFFICER. Under Federal funds that are used for that re- 68, at 1. the previous order, the Senate will now search, having a better understanding 76 O’Conor v. Markey, S. Rep. No. 80–1284, supra note resume consideration of S. 1061, which 59, at 14; Wilson v. Vare, S. Rep. No. 71–47, supra note of where we can best apply those dol- 74, at 5 (1927); Sweeney v. Kilgore, S. Rep. No. 81–802, the clerk will report. lars to achieve the breakthroughs that supra note 29, at 7. The assistant legislative clerk read can prevent the suffering and, hope- 77 at 18; v. S. Rep. No. 94– Id. Edmondson Bellmon, as follows: fully, provide the cures for a number of 597, supra note 29, at 22; Heflin v. Bankhead, S. Rep. A bill (S. 1061) making appropriations for No. 72–568, supra note 61, at 21; Senate Election Cases, these diseases is the direction we ought supra note 5, at 384 (In Sweeney v. Kilgore, the com- the Departments of Labor, Health and to go. We adopted that amendment last Human Services, and Education, and related mittee found that fraudulent ballots did not effect evening, and I am pleased the Senate the outcome of the election; therefore, the commit- agencies for the fiscal year ending Septem- tee recommended that the state-certified victor re- ber 30, 1998, and for other purposes. supported that. tain his seat.). This particular amendment is de- The Senate resumed consideration of 78 For example, in the Hurley v. Chavez contest, the signed to address a specific issue that the bill. committee adopted a number of evidentiary pre- relates to the utilization of human sumptions to govern its recount. Two examples are Pending: fetal tissue in research in a number of illustrative. The recount rules provided that, absent Gregg amendment No. 1070, to prohibit the direct or circumstantial proof to the contrary, any use of funds for national testing in reading neurological disease areas. There is a erasure marks on a ballot would be treated as made broader question of whether we ought by the voter and the ballot would be thrown out. On and mathematics, with certain exceptions. the other hand, where a ballot had been mutilated or Coats/Gregg amendment No. 1071 (to to utilize human fetal tissue and put had its secret number exposed, absent proof to the Amendment No. 1070), to prohibit the devel- restrictions on how that is sustained as September 4, 1997 CONGRESSIONAL RECORD — SENATE S8773 applies to neurological research in a rare, if not banned. For those who say sider that carefully before they cast whole number of areas—Parkinson’s, it ought to be legal, safe and rare, we their votes and not simply be caught diabetes, and there are a number of certainly would not be moving down a up in ‘‘this is anti-Parkinson’s, this other neurological traumas that this path that would allow us to limit abor- impedes Parkinson’s research, this has could apply to. However, this specific tions to only those that are most medi- nothing to do with abortion, this has amendment applies only to research in cally necessary. nothing to do with the fundamental Parkinson’s. Second, let me just say that the di- moral questions here.’’ I offer it because this is really the lemma that is posed is that the person We can address this and then save issue in terms of where we are applying who is responsible for the termination and reserve the greater debate in terms specific research and increase in re- of the life of the child is the very per- of utilization of human fetal tissue for search dollars, and we will leave the son who gives the consent for the use other neurological research at a time discussion as it applies to other neuro- of fetal brain tissue from that particu- when we are addressing that specific logical disease research areas to the lar child. It is not consent of the child bill. So that is the crux of the argu- NIH reauthorization bill or a more ap- for utilization of the tissue. The very ment, Mr. President. propriate time. But I believe it is rel- person who volunteers to have an in- I yield the floor at this particular evant to this particular issue because duced abortion gives consent for the point in hopes that we can move for- we are addressing the question of Par- utilization of fetal brain tissue for one ward to a successful resolution of this kinson’s research. who has no voice in that consent. I particular issue. Mr. President, I yield I will summarize the two arguments think that presents a real ethical and the floor. that I made last evening. One is that moral dilemma that each of us ought Mr. KENNEDY addressed the Chair. we really don’t have a pressing need to to contemplate before we cast our vote The PRESIDING OFFICER (Mr. AL- utilize human fetal tissue obtained in favor of the use of human fetal tis- LARD). The Senator from Massachu- through abortions other than human sue. setts. fetal tissue that is obtained through Third, I think there is a concern that Mr. KENNEDY. Mr. President, one spontaneous miscarriages and through we might be encouraging abortion by thing should be very clear in this dis- ectopic pregnancies. Because we have covering it with a veneer of compas- cussion. This is not a debate that pits available to us some information that sion. ‘‘After all, there is a benefit,’’ the those who are pro-choice against those indicates that there is a diminishing thinking goes. ‘‘There is a benefit to who are antiabortion. In fact, it is not viability of the utilization of human this abortion because the product of a debate about abortion at all. The fetal tissue for Parkinson’s research— the abortion can be used in alleviating issue is whether Americans suffering it hasn’t proved to be the promising human suffering.’’ from a host of dreaded diseases are breakthrough that we once thought it We all want to alleviate human suf- going to have the benefits of the best would be—there are alternatives to the fering. We all want to do everything and most ethical medical science pos- utilization of human fetal tissue, spe- that we possibly can to find a cure for sible. cifically cell engineering, specifically these diseases. And yet we have to be Though the Senator has targeted his utilization of animal fetal tissue, ge- confronted with the moral and ethical particular amendment on one particu- netic engineering, and some other al- dilemma of the possibility of the abor- lar disease, there is a broader issue ternatives. tionist, the person encouraging the that is raised and that ought to be con- Second, there are more promising abortion, covering the fundamental un- sidered, because if we accept it for this areas of research that don’t involve derlying question about the life of a disease, it is going to be accepted obvi- human fetal tissue at all, that involve child by saying, ‘‘Well, after all, we can ously for the other diseases of which brain implants, that involve a number mitigate your concerns because look at this process, this procedure is applica- of other research areas which I could the good that it will do, the side bene- ble. detail, but I did last evening and I fit of the good that it will do.’’ Ulti- Mr. President, let us review the won’t do that again. mately that is a question that is a record. And there is an extensive More importantly, however, than the great question that ought to be pon- record because the Senate has already question of whether or not this is even dered by each of us before we just sim- voted on this issue a number of times necessary to continue significant and ply say there is a great benefit to this and spoken decisively in favor of ethi- important human fetal tissue in Par- fetal tissue research. cal, controlled, scientifically valuable kinson’s research, more importantly So on the narrow question of whether fetal tissue research. and most importantly, there are ethi- or not fetal tissue is necessary for sig- In 1988, a Reagan commission, a cal considerations that I believe ought nificant Parkinson’s research, I think panel of experts consisting of to give us significant pause before we we have answered the question in say- theologians, scientists, legal experts, just simply allow the utilization of ing it isn’t. There are alternatives ethicists, and pro-life activists studied human fetal tissue research. available and there are many more this issue extensively and voted 18 to 3 A number of moral and ethical ques- promising areas of research that can to lift the moratorium on fetal tissue tions have been raised, and I raised lead us to breakthroughs in Parkin- transplantation research. those last evening. I think Members son’s research. In 1992, both the House and the Sen- ought to consider those, particularly And on the question of the moral, ate overwhelmingly approved bills to those who perhaps don’t have a per- ethical dilemma, we can address that lift the moratorium. The vote in the sonal concern about the utilization of dilemma, particularly in this specific Senate was 87 to 10. This legislation fetal tissue research. It ought to be narrow area, by not allowing the use of was vetoed by President Bush. considered by them particularly since human fetal tissue research with the Again in 1993, the Senate voted to ap- we have alternatives that allow us to exception that the research can go for- prove fetal tissue funding for this vital address this problem without utiliza- ward with fetal tissue obtained from research. That vote was 93 to 4. tion of human fetal tissue for this re- spontaneous abortions or fetal tissue Each of these votes was preceded by search. If medical research becomes de- obtained from ectopic pregnancies. exhaustive debate, careful consider- pendent on widespread abortion—and So it seems to me that we have ad- ation of all the issues and concerns as- this is a concern because if human fetal dressed this issue in a way that allows sociated with fetal tissue research. tissue is determined to be effective in the research to go forward, utilization Each time the support for and recogni- treatment, when we look at the whole of alternatives other than induced tion of the need for this research was widespread area of neurological re- abortions, on a voluntary consent overwhelming. Over the last decade, search, we are talking of potentially basis, and in ways that will not present opponents of fetal tissue research have utilization of fetal tissue of up to 20 us with this horrible ethical and moral attempted to create a connection be- million fetuses. That presents a dilemma that I think deserves great tween abortion and fetal tissue testing. wrenching dilemma for those of us, and consideration before Members vote. The use of fetal tissue in medical re- I think that is most of us in this body, That is the crux of the dilemma that I search cannot and should not be associ- who believe that abortion ought to be have presented. I hope Members con- ated with the abortion issue. Past and S8774 CONGRESSIONAL RECORD — SENATE September 4, 1997 present supporters, pro-life and pro- use of tissue. See GAO Report, March 1997. blindness, Huntington’s disease, can- choice alike, have clearly stated that Thus, contrary to Senator Coats statements cer, birth defects, multiple sclerosis, fetal tissue research is a medical, not a there is no evidence of changes in the abor- and conditions causing intractable moral, issue. tion procedure in any instance at all. pain, are the direct result of fetal tis- Sincerely, Many of my antiabortion colleagues, sue research conducted on Parkinson’s JOAN L. SAMUELSON, J.D., including Senator Dole and Senator President. disease. If this amendment is adopted THURMOND, spoke in support of fetal Mr. KENNEDY. We also heard allega- on this disease, it will be readily ap- tissue research during the 1992 debates. tions that providers were altering the plied to those as well. Any attempt to turn back the They, like many others, recognized methods of abortion to obtain tissue progress made in this area by placing that supporting this research is the suitable for research purposes, thereby restrictions on Parkinson’s research true pro-life position because it offers putting women’s health at risk. hope and a chance for a better life to NIH guidelines provide that ‘‘no will jeopardize further advances in the individuals suffering from such terrible abortion should be scheduled or other- treatment of these conditions. These afflictions such as Parkinson’s disease, wise accommodated to suit the require- setbacks and delays will lead to unnec- Alzheimer’s disease, cancer, birth de- ments of research.’’ To do so would be essary suffering for the millions of fects, and spinal cord injuries. a clear violation of the safeguards that Americans afflicted with illnesses that Yesterday, we heard a number of ar- Congress enacted into the law. are currently benefiting from Parkin- guments against this research. And I As part of its 1997 study of adherence son’s research. Make no mistake about would like to review and respond to to these and other guidelines to assure it, if the fetal tissue research is banned these arguments for the benefit of my that the research was conducted ethi- for Parkinson’s disease today, it will be colleagues because they are based on a cally, the GAO contacted the NIH’s Of- banned for every other disease tomor- misunderstanding of the facts. fice of Protection from Research Risks row. Every time this issue has been put to First, we heard that fetal tissue re- as well as the institutional review the Senate, it has spoken strongly in search was no longer needed for the boards of each of the institutions con- favor of ethical, scientific, promising study of Parkinson’s disease. Informa- ducting fetal tissue research and found medical research that offers hope to tion from the Parkinson’s Action Net- that no violations of tissue donation millions of Americans. I urge the Sen- work was cited in support of these restrictions had been reported or de- ate to reaffirm that commitment by re- claims. I have today a letter from the tected. None. jecting the pending amendment. Parkinson’s Action Network correcting My staff called NIH this morning to Mr. President, I will take just a mo- the RECORD. The letter states that fetal verify that no violations have been de- tissue transplant research shows tre- ment of the Senate’s time to review tected or reported since the GAO study the set of eight requirements that were mendous promise. In fact it shows such was completed, and we were told that promise that persons currently af- established in the 1993 legislation. there were none. First, informed consent of the donor flicted with Parkinson’s are looking to Concern was also expressed that the must be obtained. Each woman must the research as a likely source of major success of fetal tissue therapies would sign a written statement that she is therapeutic benefit to them—if the re- create an economic link between abor- donating fetal tissue for research with- search is not halted. tion providers and the research com- out knowing who the recipient will be. The letter further states that alter- munity. Again, I point to the NIH safe- Second, the physician obtaining the native sources of cells, such as geneti- guards which prohibit the purchase of tissue must make a written statement cally engineered cells, pig cells, and fetal tissue. Since no economic incen- declaring that consent for the abortion stem cells, may eliminate the need for tives exist for abortion providers, it is was obtained prior to the consent of cells from abortions to be used in the impossible to create an economic link the donation and that the abortion was future. At the present time, however, it between providers and the research not performed solely for the purposes is vital that the research be allowed to community. of obtaining the tissue. continue so that the therapy and the This issue has been debated and de- Third, the researcher using the tissue alternative cell sources can be devel- bated. Each time the opponents of the must sign a statement acknowledging oped at the same time. research have tried to argue that fetal that the tissue is human tissue and Mr. President, I ask unanimous con- tissue research will somehow stimulate that it was obtained from an induced sent that the letter be printed in the abortions. Each time these arguments abortion or stillbirth. He or she must RECORD. have ignored the extent of safeguards also agree to inform all subsequent There being no objection, the letter built into the law and regulations to users or recipients of those facts. was ordered to be printed in the assure that there is no link between Any recipient of transplanted tissue RECORD, as follows: the decision to have an abortion and must sign a statement indicating that PARKINSON’S ACTION NETWORK, the decision to allow fetal tissue re- he or she is aware that the transplant September 3, 1997. search to be conducted. Each time tissue is human tissue and that it was Hon. EDWARD KENNEDY, these arguments have been rejected by obtained from an induced abortion or a U.S. Senate, the Senate and the American public. stillbirth. Washington, DC. The preservation and enhancement of DEAR SENATOR KENNEDY: Senator Coats’ Each agency head must certify that remarks have cited the Parkinson’s Action life is the foundation of this research. copies of all signed statements will be Network’s fact sheets, but by taking them Fetal tissue research and transplan- available for audit by the Secretary of out of context twisted their message. The tation are not just clinical abstrac- HHS. following is the case: tions, they are transforming the lives Recipients of funding for research Fetal tissue transplant research shows tre- of Americans every day. must agree to conduct research in ac- mendous promise (see attached memo). The A 55-year-old man who suffered with cordance with applicable State laws. research in fact shows such promise that per- Parkinson’s disease for more than 20 HHS must submit an annual report sons currently afflicted are looking to the years and had lost much of his mobil- research as likely to be a major therapeutic to Congress detailing compliance with benefit to them—if the research is not ity is now able to climb mountains. A these requirements. stopped. 58-year-old woman suffering from the And the purchase of fetal tissue is The alternative sources of cells, such as ge- disease for 14 years used to begin her prohibited and no donated tissue can be netically engineered cells, pig cells and stem day by literally crawling to take her transplanted into a recipient specified cells, will prevent the need for aborted tissue first dose of medication. She is now by the donor. to be needed in the future. At this point, able to ski and play tennis. These were guidelines developed by however, it is vital that the research be al- The benefits of fetal tissue research theological, ethical, and religious peo- lowed to continue, so that the therapy can be are not limited to Parkinson’s disease. ple, as well as researchers. And we have developed and the alternative cell sources developed at the same time. Recent breakthroughs in the study of the GAO study. And I will include the There is not one reported violation of the treatments for a host of other diseases relevant parts of this study that was ethical protections separating the abortion and conditions, including diabetes, Alz- conducted by the NIH reviewing this decision and the abortion procedure from the heimer’s disease, spinal cord injuries, particular program from 1993 to 1997. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8775 And as the results say—I am directly mention the others who may well get it medical doctor who is executive vice quoting ‘‘Results in Brief’’—‘‘There’s as a result of this amendment, because president and CEO of the California been no reported violations in the ac- this amendment would stop the Medical Association, the largest State quisition of human fetal tissue for use progress on fetal tissue research in ref- medical association in the Nation, in transplantation according to NIH erence to Parkinson’s disease. The pro- which has over 38,000 physicians. Dr. and our verification efforts.’’ hibition in this amendment eliminates Lewin stated: By just reviewing this report, and I medical research, which shows signifi- Research involving the use of human fetal will not take the additional time un- cant promise of treatment or preven- tissue is responsible, high-integrity research. less there are further questions about tion of this tragic disease. Using human fetal tissue to find cures for or it, there is a very clear indication that Let’s take a moment to talk about to alleviate the symptoms of diseases such as the guidelines that have been estab- Parkinson’s disease and the real people Parkinson’s disease is a life-giving proce- lished in the 1993 legislation have been it affects. According to the NIH, al- dure. conformed with. It does not say there most 1 million people suffer from Par- Mr. President, I repeat that: ‘‘Using have been some violations. It does not kinson’s disease in the United States human fetal tissue to find cures for or say there is an increasing number of alone, with about 50,000 new cases re- to alleviate the symptoms of diseases violations. It does not say that the ported each and every year. There is a such as Parkinson’s disease is a life- GAO recommends further congres- myth out there that the symptoms giving procedure.’’ sional action. It says there have been begin appearing very late in life. That We are giving life with this proce- no violations, none, in 1997. is not so. The symptoms begin fairly dure. Why would we vote to take away Mr. President, at a time when there early in life, sometimes in the life by going back to the eighties when have been extraordinary opportunities twenties, thirties, and forties. The av- we had a ban on this because of poli- for progress in treating Parkinson’s erage age of the disease is 57. I, myself, tics? There is no place for that in this disease and so many other diseases and know several middle-aged mothers debate. conditions, and with the kind of pro- with children who suffer from this dis- Dr. Lewin said that the California tections that have been agreed to by ease. Medical Association promotes all le- ethicists, those religious and research The hallmark symptom of Parkin- gitimate research, including research panels investigating the utilization of son’s disease is the shaking or trem- involving fetal tissue. He continues: this type of material, and with all of bling of a limb, and in the later stages, It is important to dispel the myth that this the hope and opportunity this provides a slow shuffling walk and stooped pos- research promotes abortion. This is not the to so many American families in ad- ture, not to mention the effects on case. On the contrary, research involving dressing some of the most prominent speech. I know one Parkinson’s victim fetal tissue promotes the healing of crippling ailments suffered by mankind, to try who actually has to crawl around his diseases. This research shows promise and needs to be pursued. and restrict fetal tissue research in home—a proud, professional man who Parkinson’s disease and in other areas has to crawl around his home. The only Now, on the issue of abortion, I am would be a dramatic and a serious mis- hope he has, because he has told me going to refer to the history of this take and would have a very significant this, is fetal tissue research. This man issue where in 1991 and 1992, there was and, I believe, grave impact and effect has a family. This man has grand- legislation passed which directly con- on the research and the opportunity for children. They are watching this de- fronted this ethical and moral issue important progress in helping to re- bate and they are praying that we will which Senator COATS talked about lieve the pain and anxiety associated reject this amendment. today. He says we must confront this with these various diseases. Will we deny these people the possi- ethical and moral issue. He is right. We I yield the floor. bility of a healthier life, which may did do that. We did do that in 1991 and The PRESIDING OFFICER. The Sen- well result from fetal tissue research, 1992. Let’s discuss what is in place ator from California. which is already showing great prom- today in terms of the moral and ethical Mrs. BOXER. Mr. President, I want ise, as Senator KENNEDY has said? Will issues of abortion and fetal tissue re- to thank the Senator from Massachu- we deny these people hope? Will we do search. setts for laying out the case as to why harm today to these people when we First, a woman may not be ap- the Coats amendment ought to be de- have not yet found a cure for Parkin- proached for consent to donate the feated. son’s? I certainly hope not. aborted tissue until after she has made I also want to thank Senator PAUL I received a letter yesterday from the decision to have an abortion. So, WELLSTONE for working so hard on this two medical doctors at the Parkinson’s no woman can be told this prior to her issue. He shared with me some very im- Action Network in Santa Rosa, CA. decision. portant information from the Parkin- They emphasize the tremendous need Second, the donor may never be paid son’s Action Network, which also lays to be able to continue to use fetal tis- for donation of the tissue. It is out- out the case in a very clear-cut way, by sue in their fight against Parkinson’s lawed. No one can get a single penny people who really know about what it disease. Let me read from these physi- for donating fetal tissue. is like to have this disease and how cians. They know what they are talk- Third, the donor may not designate devastating it would be if the ban on ing about. who will be the recipient of the tissue, fetal tissue research was put back into Neural cell transplantation using fetal tis- nor ever be informed of the recipient’s law. sue has greatly advanced our understanding identity. For 8 years there was a ban on this of ways to replace degenerating cells in the This is not a question where, say, a research under the Reagan and Bush brain. From this work, in addition, alter- daughter says, ‘‘I will become preg- years. Finally, that ban was lifted, and natives to fetal tissue may be developed. To nant, have an abortion and let my fa- close off arbitrarily any particular area of ther regain the use of his life.’’ This we are seeing hope for many, many investigation is potentially to retard people all over this country. We really progress across a broad front by many cannot be done. cannot go backward now. months, perhaps many years. I think what is very important to I have said often on this Senate floor They continue: know is that if you violate this law, in relation to health issues that come The ban on fetal research during the 1980’s you could be punished by 10 years in a before the Senate that when we act, we was a crippling blow to progress in many Federal prison. We had a report and the ought to act to improve the health of areas, including Parkinson’s disease, Hun- report came back: ‘‘There have been no the American people. But at the mini- tington’s and Lou Gehrig’s disease, spinal violations in the acquisition of human mum, Mr. President, we should do no cord injury, and diabetes. fetal tissue research for use in trans- harm. At the minimum, when we take These doctors are telling us don’t go plantation.’’ a vote around here, we should make back to the eighties, don’t go back to So when Senator COATS talks about sure we are not hurting people. the years where we stopped this impor- confronting the ethical and moral is- I think the Coats amendment would tant research. sues, those issues were confronted in definitely hurt people, a million people Mr. President, I will share with you 1991 and 1992, and the Research Free- who have Parkinson’s disease, not to the comments of Dr. Jack Lewin, a dom Act clearly addresses this issue. S8776 CONGRESSIONAL RECORD — SENATE September 4, 1997 There has been no violation at all. If I want to bring back the words of from people who have Parkinson’s dis- all of our laws were so effective, I South Carolina Senator STROM THUR- ease. Some are pro-choice. Some are think we would be very proud. MOND that he spoke on this Senate anti-choice. They know that issue was Let me offer a specific example of floor in 1992 when he urged this body to addressed in 1991 and 1992. They know how doctors are using fetal tissue to lift the ban on fetal tissue research. He that the only hope they have is for the improve people’s lives. Good Samaritan said, ‘‘We cannot afford to lose this op- doors of research to continue to be Hospital in Los Angeles was one of the portunity to develop a cure.’’ open. first hospitals in the country to offer a The Senator was speaking in ref- I am so pleased that we will be spend- new, promising surgical procedure erence to his daughter Julie, who has ing more on Parkinson’s disease. I using fetal tissue transplants. Many of diabetes. He stated, ‘‘As a parent of a want to see us double the research at the patients who received this proce- diabetic, I have a personal appreciation NIH. And I have joined with Senators dure did so only after one of the most for the urgent need for a cure.’’ Those MACK, SPECTER, DURBIN, and others to common drugs was no longer effective were Senator THURMOND’s words back make that a reality. in helping their illness and their symp- then. The enemies we face are right here at toms had worsened, some to the point No doubt this sentiment is shared home. We fear that a loved one will get where they compared their conditions today by the parents, siblings, and cancer. We fear that a loved one will to rigor mortis—in other words, total children of those suffering from serious get AIDS. We fear that a loved one will stiffness and inability to move. debilitating diseases such as Parkin- fall ill. We fear that we are going to Today, the vast majority of the more son’s disease. lose our parents to Alzheimer’s. These than 40 Parkinson’s patients who have Senator COATS said we are only stop- are legitimate fears, and these are le- undergone the procedure at Good Sa- ping the fetal tissue research for Par- gitimate areas for the Federal Govern- maritan have experienced moderate to kinson’s disease. Yes, that is on this ment to be involved in. substantial improvements in their con- bill. What is the next one going to be? I will say this. When Senator COATS dition. This is a life-giving procedure. Alzheimer’s? What is the next one says we have to confront ethical and This procedure gives life, gives move- going to be? It is not a good precedent. moral issues, he is right. But what I ment to people. The issue of abortion is We took care of this issue. Anti-choice don’t understand is why he isn’t proud addressed in the Research Freedom Act politics should not get into this debate. of the Research Freedom Act, which and has been confronted and not one This is not about choice. It is about does, indeed, protect against people violation has occurred. We should be health. We addressed the issue. Let’s saying, ‘‘Well, I am going to get an proud, all of us together. move on. abortion because I can get money for According to Dr. Oleg Kopyov, more I am going to quote again from Sen- this fetal tissue,’’ when, in fact, that than 70 percent of the patients who got ator THURMOND, whose words 5 years has never happened. That cannot hap- this transplant have shown ‘‘statis- ago captured the essence of the issue pen. And it will not happen as long as tically significant improvement’’ on before us today, when he stated: we keep the Research Freedom Act in standard neurological tests. The other This is not a debate about abortion. This is place. And there is not one Member of 30 percent are now taking 20 to 40 per- a debate about allowing federally sponsored this Senate that I know of who isn’t a cent less medication. None of the pa- research that will serve humanity and may strong supporter of that. save thousands of lives. Passage of this bill tients’ Parkinson’s symptoms have So, Mr. President, today we have a worsened following neurotrans- [to allow fetal tissue research] should im- prove the quality of life for many people million Americans with Parkinson’s plantation. watching the debate, and we have mil- Do no harm. We should do no harm. with devastating diseases and disabilities. Supporters of this amendment may lions of other Americans with other The Coats amendment does harm, di- diseases and families who love and rect harm, to good Americans, and it argue that fetal tissue research could still continue if this amendment were adore these family members hoping takes away hope from a million people that we will not take a step backward. with Parkinson’s in America. Said hos- passed, as the ban would not apply to tissue obtained from spontaneous abor- I have faith that we will not do so. pital neurosurgeon Dr. Deane Jacques: I hope that we will vote down the We are proud to be in the forefront of tions or ectopic pregnancies. But, Mr. President, we have heard Coats amendment. I hope we will con- treatments like neurotransplantation, which tinue the progress. I hope we will all clearly have enhanced patients’ quality of this argument before. It remains as life. weak as ever. Doctors have addressed continue to support the Research Free- dom Act so that we can feel we did ev- Yet another example of the tremen- this issue in earlier debates, and have erything we could to ensure that this dous effects and great potential of this stated that tissue from spontaneous research is ethical. research comes from Colorado. A pro- miscarriages is often diseased and is fessor at the University of Colorado difficult to collect in a safe and timely Thank you very much. Health Sciences Center, who is con- fashion to preserve the viability of the Mr. President, I yield the floor. ducting a study using fetal tissue, de- cells. The same applies to ectopic preg- Mr. COATS addressed the Chair. scribed the incredible effects on one nancies, which produce tissue that is The PRESIDING OFFICER. The Sen- participant earlier this year. He is likely to be non-viable due to the lack ator from Indiana. quoted as saying: of blood supply. Mr. COATS. Mr. President, let me We have a woman who could never walk So, really, we addressed this issue be- make two points. One is that I don’t prior to taking her first dose of drugs in the fore. There has not been one violation. need to be reminded by the Senator morning. Now she can walk before her first A woman may not be approached for from California about the ravaging ef- dose of drugs, and has resumed playing ten- consent to donate the aborted tissue fects of Parkinson’s disease, having nis. A typical transplant patient cuts until after she has made the decision to watched my grandfather suffer and die the drug by 40 to 50 percent. make the abortion. The donor may from Parkinson’s, and having watched Why would we inject ourselves into never be paid for donation of tissue, my father suffer and die from com- this important nonpolitical health and the donor may not designate the plications from Parkinson’s. I am well issue when, in fact, the issue of abor- recipient of the tissue. A GAO study re- aware of the debilitating nature of Par- tion has been successfully addressed in ports not one violation. And if there is, kinson’s disease. I think many of us the Research Freedom Act? I cannot someone is going to jail for 10 years. have had personal experiences with understand why this amendment is be- The issue has been addressed. that. I have not mentioned that before. fore us. Mr. President, doctors have made sig- But I think the implication is that if Mr. President, these are significant nificant progress toward understanding one truly understood Parkinson’s, you results of helping people. Why would and treating serious debilitating dis- couldn’t begin to support the Coats we even consider closing the door on eases, such as Parkinson’s disease, amendment. I think I truly understand this promising life-giving research? We through research involving fetal tissue. Parkinson’s and what it does and how make progress in research by opening But we are not there yet. I know that it affects an individual, how it affects doors, not by closing doors. my phone has been ringing off the hook family and loved ones. There is the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8777 very real possibility that it is geneti- Mr. HARKIN addressed the Chair. plantation, so that when a therapy is avail- cally induced and that I may go The PRESIDING OFFICER. The Sen- able to the public, it will not be dependent through the same experience. ator from Iowa. on elective abortions. Several alternatives Second, let me just state for those Mr. HARKIN. Mr. President, I yield are in development, including use of porcine myself such time as I may consume on (pig) cells, stem cells and genetically engi- who suggest that there is no hope for neered cells. the millions of Parkinson’s sufferers, this issue. Mr. President, this amendment is an The research is also providing valuable in- there is great hope for the millions of sights into the fundamental issues of Parkin- Parkinson’s sufferers. There is hope be- attempt to revisit an issue that has son’s cause. For example, the transplanted cause, No. 1, fetal tissue research can been settled and should remain settled. cells do not appear to be affected by the un- continue if the Coats amendment is It attempts to reverse a decision sup- derlying disease process: While the original adopted. I do not deny research utiliz- ported by both pro-choice and pro-life cells continue to degenerate, the trans- ing human fetal tissue through this Senators alike. The last time this body planted ones do not continue to degenerate. This fact is giving essential clues into the amendment. I simply say that that voted on this issue, the vote was 93 to 4. nature of the cause and disease process. fetal tissue cannot be obtained through The transplanted cells are proving more induced abortions. It can be obtained The ban on fetal tissue research was lifted 4 years ago. Since that time, the and more effective at treating Parkinson’s through spontaneous abortions, mis- symptoms. A few transplant patients are NIH has awarded over $23 million in carriages, or ectopic pregnancies. now off medication and symptom-free—a But, second, there is hope because grants for research involving the dramatic change. study, analysis, and use of fetal tissue. there are so many viable, wonderful al- Mr. President, I ask unanimous con- This research holds the potential to ternatives that are now being re- sent that the entire text of the Sam- provide tremendous advances in the searched which offer far more promise uelson letter be printed in the RECORD. treatment of debilitating conditions than the fetal tissue research. If you There being no objection, the mate- want to continue fetal research—and it such as Parkinson’s, diabetes, Alz- heimer’s, Huntington’s, epilepsy, blind- rial was ordered to be printed in the probably should be continued—that RECORD, as follows: fetal tissue can be obtained through ness, multiple sclerosis, leukemia, and PARKINSON’S ACTION NETWORK, sources other than human fetal tissue. a host of other illnesses. The issue of fetal tissue research has Washington, DC, September 3, 1997. In fact, it is much more promising now been debated, as I said, and legislated Hon. EDWARD KENNEDY, using animal tissue. There are a num- by the Congress. The Senate voted 93 U.S. Senate, Washington, DC. ber of alternatives being explored, both DEAR SENATOR KENNEDY: For decades, de- to 4 that the benefits of this research through the use of cell engineering spite the eight-year ban on federal support far outweigh the unsubstantiated fears techniques, genetic engineering, and for the research, significant progress has and concerns that it would lead to in- other developing cell lines. been made in the therapeutic benefit of cell creases in abortions. There are also alternatives outside transplants, including the following: The bill enacted in 1993 established Major progress has been made in confirm- tissue research that hold some prom- rigorous standards to safeguard against ing the neural cell transplant process works. ise. Perhaps the recent discovery of a any potential that the needs of re- In the last two years, post-mortem review of gene that has an effect on Parkinson’s, searchers would affect individual deci- transplanted cells has proven that the trans- which perhaps is the cause of Parkin- sions about abortion. Those safeguards planted cells can take hold in the host brain son’s, albeit for a percentage of people and produce dopamine. are in place and they are working. In and not for all the people, offer hope. Major progress has been made in develop- 1997, a GAO study of the safeguards re- So there is great hope. There is great ing an alternative source of tissue for trans- ports that ‘‘the act’s documentation promise in Parkinson’s research. And plantation, so that when a therapy is avail- requirements were met’’ and that there able to the public, it will not be dependent nothing in this amendment denies that have been no reported violations in the on elective abortions. Several alternatives hope, denies that promise. acquisition of human fetal tissue for are in development, including use of porcine So I think Members need to under- use in transplantation.’’ (pig) cells, stem cells and genetically engi- stand when they are voting for the These safeguards were not written neered cells. Coats amendment that it is a way to specifically to address research involv- The research is also providing valuable in- preserve and continue Parkinson’s re- sights into the fundamental issues of Parkin- ing Parkinson’s disease, but all re- son’s cause. For example, the transplanted search. But it is done so in a way that search using fetal tissue. There is no avoids what I think is a potential sig- cells do not appear to be affected by the un- need to revisit this debate as it relates derlying disease process: while the original nificant, ethical, and moral dilemma in to research on Parkinson’s. The re- cells continue to degenerate, the trans- terms of utilizing human fetal issue search being conducted today with planted ones do not. This fact is giving es- without the consent of the person giv- fetal tissue is also providing new tech- sential clues into the nature of the cause and ing the tissue. niques such as specialized cell lines and disease process. The very person who makes the deci- The transplanted cells are proving more genetically engineered cells. In fact, sion to terminate that life is not the and more effective at treating Parkinson’s the development of these new tech- person who gives the consent to utili- symptoms. A few transplant patients are nologies may well eliminate the need zation of the tissue. That is a moral now off medication and symptom free—a dra- for using fetal tissue for research pur- and ethical dilemma that I think is im- matic change. Although the first clinical poses in the future. trials are still ongoing, initial results indi- portant for us to explore. Mr. President, yesterday I received a cate that even in these initial experimental So for those two reasons, I think the letter from Joan Samuelson, president stages the typical patient is able to reduce Coats amendment is more than a rea- of the Parkinson’s Action Network. It medication dramatically—thereby also re- sonable amendment. I hope my col- ducing the related side effects—while also was addressed to Senator KENNEDY and significantly lessening Parkinson’s symp- leagues will support it. others. I would like to read for the With that, I yield the floor. toms. RECORD what she had to say. Her letter Mr. CRAIG addressed the Chair. The Parkinson’s research has created a re- starts: The PRESIDING OFFICER. The Sen- search base which is now being used for im- ator from Idaho. For decades, despite the eight-year ban on portant research using neural cell transplan- federal support for the research, significant tation to treat many other diseases and dis- Mr. CRAIG. Mr. President, before the progress has been made in the therapeutic orders including diabetes, spinal cord injury, debate goes any further, I ask unani- benefit of cell transplants, including the fol- blindness, Huntington’s disease, intractable mous consent that a vote occur on or lowing: pain, Alzheimer’s disease, cancer, birth de- in relation to the pending amendment Major progress has been made in confirm- fects and Multiple Sclerosis. at 12 noon today, and that the time be- ing the new neural cell transplant process Sincerely, tween now and noon be equally divided works. In the last two years, post-mortem JOAN I. SAMUELSON, J.D., in the usual form with no amendments review of transplanted cells has proven that President. the transplanted cells can take hold in the Mr. HARKIN. Mr. President, the let- in order prior to the 12 noon vote. host brain and produce dopamine, thereby The PRESIDING OFFICER. Is there replacing the dopamine in the body. ter points out that we are making objection? Major progress has been made in develop- progress, that we are discovering new Without objection, it is so ordered. ing an alternative source of tissue for trans- things. Now is not the time to revisit S8778 CONGRESSIONAL RECORD — SENATE September 4, 1997 this issue. This issue has been settled NIH, had no objections to the amend- have seen it validated by science. The and I believe we ought to leave it ment. development of children’s learning alone. As we have said, the studies So I am maybe a little bit surprised skills depends upon the child’s expo- have shown that the safeguards we put that others are opposing this amend- sure to language in the earliest years. in place are working. No violations ment as aggressively as they are. I What we do to encourage and stimulate have been encountered, and I believe urge my colleagues to support the literacy, reading ability, communicat- the best course of action is to stay the Coats amendment. I think it is a good ing ability, in very young children, is course that we have had since 1993, and, amendment. I regret that it is needed, going to provide the basis of their suc- of course, I think at the appropriate but it is needed. I think it is impor- cess later in life. time there will be a motion made to tant. I do not think we as a country When you come to think about it, table the Coats amendment. And I urge want to have a national policy allow- reading is the basic skill. Learning to all Senators to support that motion to ing abortion mills to kill unborn chil- understand, to read and communicate table and to continue what we have dren and use their body parts for medi- is absolutely essential, particularly as been doing since 1993 in providing for cal research. That is a serious issue. we live in a complex society. Most of us fetal tissue research but with adequate That is what we are voting on. So I think about reading and learning as safeguards to ensure that unintended urge my colleagues to vote in favor of part of the economic process of getting consequences do not happen because of the Coats amendment. a job. I can tell you that my experi- this research. Mr. President, I yield the floor and ences in job training in the years when Mr. President, I yield the floor. I sug- suggest the absence of a quorum. I was Governor reemphasized the im- gest the absence of a quorum. The PRESIDING OFFICER. The portance of that. In my second term as The PRESIDING OFFICER. The clerk will call the roll. Governor we had an on-the-job training clerk will call the roll. The legislative clerk proceeded to program for industries expanding in The legislative clerk proceeded to call the roll. Missouri and creating new jobs. I will call the roll. Mr. BOND. Mr. President, I ask unan- never forget visiting one facility where Mr. NICKLES. Mr. President, I ask imous consent that the order for the they were installing sophisticated com- unanimous consent that the order for quorum call be rescinded. puter-assisted manufacturing systems. the quorum call be rescinded. The PRESIDING OFFICER. Without They were very complicated. You had The PRESIDING OFFICER (Mr. objection, it is so ordered. to understand a lot of science to do the BURNS). Without objection, it is so or- Mr. BOND. Mr. President, I ask unan- job well. And these jobs were extremely dered. imous consent to speak on the bill and high-paying jobs. As a matter of fact, Mr. NICKLES. Mr. President, I ask not have the time charged to either one of the workers in one of those jobs, the Senator from Idaho for such time side on this amendment. working a 2,000-hour year, would earn as I need. Mr. COATS. Mr. President, I yield to more than the Governor of Missouri Mr. CRAIG. No objection. the Senator from Missouri such time as would have at that time. The science The PRESIDING OFFICER. Without he requires. had all developed since I last opened a objection, it is so ordered. Mr. BOND. Mr. President, I thank the science textbook in college. Mr. NICKLES. Mr. President, I rise acting manager of the bill. They had a 6-week training program in support of the amendment of the The PRESIDING OFFICER. The Sen- for these workers. Four of the weeks Senator from Indiana [Mr. COATS] to ator from Missouri. were devoted to teaching these workers prohibit the use of Federal money to Mr. BOND. Mr. President, I thought, to read, because so many of them had conduct research using fetal tissue on as children are going back to school not learned the basic reading and un- Parkinson’s disease, fetal tissue that is across the country and in our States, derstanding skills in school. The prize produced from elective abortion. The we ought to take a few moments to there was demonstrable; the prize was Coats amendment exempts sponta- think about the education they are re- visible. If you could read and under- neous abortions, exempts ectopic preg- ceiving and how we as parents, not just stand, you could operate one of these nancies. But really the thrust of his in our role as legislators, can make a machines and earn more than the Gov- amendment is that we do not want to real difference in how our children de- ernor of Missouri was earning. And turn abortion clinics into mills produc- velop. there is no question, as I talked to em- ing tissue that is used for research. The truth is, we have come to know ployers around the State, they are I support his amendment. I do think the foundations of learning begin long looking for and begging for workers. it is immoral to use fetal tissue from before a child ever gets to school. Ba- But the workers have to be able to read elective abortions for medical research. bies from birth to age 3 years old are and understand complicated instruc- I think occasionally we have to make learning fundamental language skills tions, because the tasks that the work- moral statements. Do we really want at this time. Research tells us that 50 ers will be called on to perform, now to allow abortion clinics to harvest percent of a child’s mature learning in- and in the years ahead, are rapidly material to be used for research in telligence develops by the time that changing. They are changing with whatever disease? In this case it is Par- child is 3 years old. We can play a very technology. And the people who are kinson’s disease. Do we really want large role in determining how success- doing the work have to learn to read that to happen in this country? ful that learning function is. We do and understand the changed instruc- We had a prohibition on it for years. this by reading to children even before tions. It was not done for years. Now some they are old enough to hold a book. We So, reading is a fundamental skill, an people think that maybe it would be a do this by talking to them. We do this absolutely essential skill to get ahead good idea. Tissue can be harvested, can by interacting with them. economically. But we ought not to be used if the abortion is spontaneous, Over the August recess I traveled focus ourselves just on the economic but not in the case of elective abor- around the State of Missouri, focusing side. To be an informed citizen, to par- tions. Do we want to have a situation on the issue of literacy and working ticipate in our democratic form of gov- where an individual goes in and kills a with young children who were in pre- ernment, requires that people read, be human being, although not yet born, school classes or, in Missouri, in our able to understand all the messages maybe up into the eighth month of Parents as Teachers Program. I found that are coming to them. Reading pro- pregnancy, kill that unborn human it to be a very exciting, a very interest- vides the basis for communicating and being and use that human being’s cells ing, and a rewarding experience, and getting along in the world in many for medical research? I do not think so, one that I hope we can show—all of us, other ways—in social activities, in and I do not think we should fund it. as colleagues, as others who are con- community activities. So, literacy The Senator from Indiana should be cerned—is a very rewarding activity really is the fundamental basis, the complimented for his amendment. I for the parents. foundation for knowledge and for de- wish that this amendment was not nec- We have always thought that early velopment of well-informed, well-at- essary. I heard yesterday that NIH or childhood was a key learning time. tuned children in our communities, in someone has alluded to the fact that That is common sense. But now we our States and in our Nation. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8779 Former First Lady Barbara Bush has I urge my colleagues to join with me and all of our States do give tests— made literacy her top priority, and I in supporting and keeping in the every State that gives tests measures take my hat off to her. I think, as I see money for early childhood develop- by a different standard how well their more and more of the challenges we ment. I hope to work with Senator students are doing. Accordingly, you face in this country, the more I under- KERRY and others to provide authoriz- have some States where most all the stand that Mrs. Bush is right. Where ing legislation in this session to expand students do reasonably well on the test people do not have the fundamental on the opportunities to support early that is provided, and there is a general reading skills, they have significant childhood development. Government perception that they are going to be problems. programs are fine, but it all comes fine. The general trend is that every- One of the reasons I have been close- down to the responsibility of the par- body thinks that although the school ly associated with this literacy project ents, and that responsibility is very system nationally, the educational sys- is following up on the Parents as easy to outline, because the starting tem nationwide, is in serious difficulty, Teachers program we have in Missouri. point is reading to children, relating to they believe that their own child is Parents as Teachers begins by provid- them and showing them the excitement getting a good education. It just ing assistance, on a voluntary basis, to and the wonders that are opened doesn’t add up. Every individual child parents of children from birth to 3 through reading of books and other in our country cannot be getting a years old. We have found that parents materials. good education and still have the vast who participate in this program with I thank the Chair, and I yield the majority getting a less than quality their children—No. 1, are able to avoid floor. education. many of the serious learning problems Mr. STEVENS. Mr. President, I sug- What we need to do is to have a sys- that affect children today and require gest the absence of a quorum. I beg tem where there is agreement as to that they be put in remedial or special your pardon. I withdraw that. what the standard is, there is agree- education; but we are also finding that Mr. BINGAMAN addressed the Chair. ment as to what the test results dem- in every measure of scientific testing, The PRESIDING OFFICER. The Sen- onstrate, and then parents can make these children are scoring higher than ator from New Mexico. an intelligent decision about how their their peers. When I talk to kinder- Mr. BINGAMAN. Mr. President, I child is doing relative to other chil- garten teachers and elementary school- yield myself up to 10 minutes off what- dren, how their child is doing, how teachers and administrators, they can ever time remains on this side. their school that their child attends is see the difference in these children who The PRESIDING OFFICER. The Sen- doing relative to other schools in that have worked in the program where lit- ator is recognized for 10 minutes. same district and relative to other eracy is emphasized, where parents AMENDMENT NO. 1071 TO AMENDMENT NO. 1070 schools in the State or in the Nation. reading to their children is emphasized. Mr. BINGAMAN. Mr. President, this We have today what is called the Na- I spent the month of August trying morning, the appropriations sub- tional Assessment for Educational to encourage more and more families committee is having a hearing, as I un- Progress test, and that is a test that in in Missouri—parents, grandparents, derstand it, to resolve the question 43 States tens of thousands of students aunts, uncles, caregivers—to read to about testing. The President has pro- participate in on a voluntary basis. their children to show that it is fun, posed a reading test that would be vol- This test has been in place now for 25 but also to tell them that it is vitally untarily made available to States and years. The problem, of course, is that it important. local school districts for fourth graders is not available to most students. But Also, we want to expand—and this where the school wants to provide test- clearly, communities, States, and bill does provide expansion of the op- ing in reading, and one for eighth grad- school districts recognize that it is a portunities for more States to partici- ers in mathematics. good, objective assessment of how the pate in the Parents as Teachers Pro- There has been some controversy students in the schools are doing. gram. At my request, the chairman of about this. Senator COATS from Indi- What we are trying to do through the the committee and the ranking mem- ana has proposed an amendment which development of these new tests is to ber included $30 million to expand Par- would—the Coats amendment and the take the model that the NAEP, the Na- ents as Teachers programs to other Gregg amendment together, as I under- tional Assessment for Educational States around the country and to im- stand it—essentially prohibit the use of Progress, has developed and, essen- prove on the program. Already, 47 funds to go forward with the develop- tially, have a test that then is avail- States participate, to some degree, in ment of these tests. I believe this able for each student in each school the program. would be a very grave mistake for this around the country where they want to Early childhood learning and devel- Congress to make if we were to pro- have that test administered. opment is important, and we can do a hibit the Department of Education I believe this is important because I much better job. The Parents as Teach- from going forward with the develop- believe that improvement in education ers Program is one that has had tre- ment of these tests. I think the Presi- in the country is going to have to be mendous success. Mr. President, 150,000 dent’s support on this issue has been driven by concern of parents. They are Missouri families voluntarily partici- strong. The White House has indicated the ones who need to understand the pate in that program every year, and if that they would veto the legislation if, quality of the education that their you want to know if the program in fact, it did contain a prohibition on children are receiving. Without some- works, I can refer you to any one of the use of funds to go ahead and de- thing like this test available, you are those 150,000 families, because they see velop these tests. not going to have the level of concern it is working, they know it is working, As I see it, the tests that the Presi- by parents that is necessary in order to and, Mr. President, this bill provides dent has proposed and the Department ensure and require the improvements more resources to help start these pro- of Education would like to develop and in education that I believe are needed. grams in every school district in the make available to school districts and Let me just indicate that there is country. to States is designed to allow parents, nothing that complicated about the I hope there will be a time when we to empower parents, to understand the tests that they are talking about giv- find that families, wherever they are, educational performance and the ing here. The reading test is a simple who want help developing the child’s achievement level of their own chil- one. One example is they essentially go learning skills will be able to get the dren and how well the school that their through and ask fourth graders to de- kind of assistance that is now available child is attending is doing in preparing scribe Charlotte to a friend after they in Missouri. It can make a difference, their child for a career later on. read a passage from the well-known and it will make a difference in our The Coats amendment, as I said, book ‘‘Charlotte’s Web.’’ That is a com- children’s education, their preparation would prohibit the development of the monsense kind of a test that all of us for the work force but, most of all, tests, and I think that would be a very would like our children to be able to their preparation to take the role in serious mistake. pass. It is the kind of test which is ap- society as responsible adults, as re- The problem we have today, frankly, propriate to make available to all of sponsible parents themselves. is that every State that gives tests— our schools. S8780 CONGRESSIONAL RECORD — SENATE September 4, 1997 The same thing in math. The test decision for the local school districts make it clear that not only have we there is a straightforward test. There by denying the Department of Edu- not seen one instance of abuse, not one is nothing convoluted or complicated cation the funds necessary to go ahead example, but we really have very, very about it. It tests basic math skills for and develop these tests. stringent and clear protections. A eighth graders, and, goodness knows, So I hope very much that, once the woman may not be approached for con- everybody in this country, every par- appropriations subcommittee con- sent to donate aborted tissue. The ent I talked to believes their child cludes its hearing on the issue, we can donor may not be paid for donation of should be prepared with a basic under- proceed to dispose of this matter. I the tissue. The donor may not des- standing of math by the time they hope very much that the COATS amend- ignate who will be the recipient of the complete the eighth grade. ment and the GREGG amendment, tissue. Violations of these restrictions Let me say, the business community which is a second-degree amendment, are a Federal felony, punishable by 10 strongly supports the President’s ini- as I understand it, or a perfecting years in Federal prison. tiative to have these tests available to amendment, that those amendments I say all that because I want to make States and school districts. There has can be disposed of and we can proceed it clear how strict the guidelines are. I been a call, a repeated call and a con- to pass this legislation. also want to make it clear that I do sistent call, by the business commu- Mr. President, I yield the floor and not think this issue is really about nity to have more objective assessment suggest the absence of a quorum. using the labels pro-choice or pro-life, going on in our schools so that we The PRESIDING OFFICER. The but it has to do with another question, don’t have so much rhetoric, but we clerk will call the roll. which is whether or not people who are have actual information, good solid in- The assistant legislative clerk pro- struggling with the disease are going formation, about how well our students ceeded to call the roll. to be able to look to a day where there are doing. Mr. WELLSTONE. Mr. President, I will be a cure. If this amendment That is exactly what employers re- ask unanimous consent that the order passes, we are essentially wiping out quire before they hire a person. They for the quorum call be rescinded. one very promising avenue of research. give them those objective tests to de- The PRESIDING OFFICER. Without I think that would be a very crucial termine whether they have the basic objection, it is so ordered. thing to do. That is certainly not the skills in reading and in mathematics so Mr. WELLSTONE. Mr. President, I intention of the amendment. that they can become productive em- thank my colleagues for the courtesy. I say to my colleagues, because I ployees. For us not to make those same My understanding is we have a vote at have been active in this work dealing kind of objective tests available in the noon; is that correct? with Parkinson’s since I came to the schools before they get out into the The PRESIDING OFFICER. The Senate, I know something about it, workplace I think would be a serious Chair wishes to advise the Senator that having had two parents who struggled mistake. the time is under the control of the with Parkinson’s. I know something Not only does the business commu- Senator from Alaska. about it, having spent a great deal of nity support this, the public supports Mr. WELLSTONE. Might I inquire, time with people in the Parkinson’s it. In the most recent national poll, 77 do we have a vote scheduled at noon? community, that given the strict percent of the public that was ques- The PRESIDING OFFICER. That is guidelines and given the fact that we tioned supported establishing national correct. do not see examples of abuse, and given standards; 67 percent specifically sup- AMENDMENT NO. 1077 the fact that this really is not about ported using national tests, such as Mr. WELLSTONE. I thank my col- pro-choice and pro-life, and also given were described and supported by the leagues, and especially Senator COATS, the fact that if this kind of amendment President and the Department of Edu- for their courtesy. I was not able to is going to be raised it ought not to be cation. come to the floor earlier, and some- focused on one disease, I just hope that I know that we have testimony being times if we feel strongly about an issue my colleagues will oppose this amend- presented this morning. Secretary we will have a chance to speak before ment. I think it is profoundly mis- Riley is making the case before the Ap- the vote. I thank him, and I thank Sen- taken. propriations Committee. I hope very ator STEVENS and others as well. Now, Mr. President, just forget all of much that he will be persuasive to the I do not know quite where to start. the statistics, except to say, and I members of that committee and that Last night we passed an amendment, think my colleagues will believe me, we can go forward with the funding of and this was work I was fortunate that if you talk to people in the medi- these tests as the administration in- enough to get a chance to do with Sen- cal research community they will tell tends. ator MCCAIN, and I think we had 97 you that fetal tissue transplant re- I do think this is an issue that has votes to expand funding for Parkin- search is one of the very promising ap- great long-term consequences for our son’s disease. It was an enormous vic- proaches. I do not think we want to country. It would be a serious mistake tory. I believe that kind of strong vote ‘‘defund’’ that. We do not want to be in for us to head this off. We already have will serve us very well in conference a position of, on the one hand, finding a whole number of States—I see the committee, and I believe finally we resources for research, and then essen- distinguished chairman of the Appro- will be able to get some funding. tially wiping out one of the very im- priations Committee on the floor here There has been so little funding. It portant modes of research to find a right now. His State of Alaska has cho- has not been fair, and people who have cure for the disease. We do not want to sen to participate voluntarily in the been struggling with this disease have do that. It really undercuts part of the use of these tests when they are made been here for several years now. They very important vote that took place available. The superintendent of public have become their own advocates. The last night. instruction in my State of New Mexico only reason we had such a strong vote Maybe the best way for me to sum- has indicated his desire that we should last night was because of their work. marize my view, because we will vote also participate at some future date in My colleague, Senator COATS, was in just a few minutes, is to talk about the use of these tests. There are many gracious enough to raise his concern a woman that some of you have come States that are anxious to participate. through this amendment separately to know. Her name is Joan Samuelson. There are many large school districts from that vote. He is someone here in I have not asked for permission to do in our larger cities that have indicated the Senate that I believe in. I think he this, but Joan has been so visible and the same thing. speaks for what he thinks is right. This so vocal I do not think she will object. We need to keep faith with them, go amendment he introduces in very good I first met her a number of years ago forward and develop these tests, make faith. when she was testifying before our the tests available. If they want to use I will be the opposite of shrill in my committee, the Labor and Human Re- them, so much the better, that is their opposition. I think the amendment is sources Committee. I think she was choice. But it would be a serious mis- profoundly mistaken. We have gone speaking about the need to have at take for this Congress to try to make through this whole debate about fetal least a little bit more by way of re- that decision for the States, make that tissue research, and I again want to sources for research, but I think she September 4, 1997 CONGRESSIONAL RECORD — SENATE S8781 was talking about, if my memory father had Parkinson’s. Senator COATS, exist. Even fetal tissue could go for- serves me correctly, about this fetal when he does something on the floor of ward. tissue research. the Senate does it because he believes I hope our colleagues will understand What I remember was I kept thinking in it. He does it because he thinks it is the practical nature of this and the about my parents. My father was al- the right thing. ethical and moral considerations of most 60 when he found out he had Par- I deeply appreciate the support he doing this, and I urge a vote in support kinson’s and he lived to be 84, though has given Senator MCCAIN and myself of my amendment. at the very end I will tell you, if you do on our efforts, but I think this amend- The PRESIDING OFFICER. The not know this disease, he was so alert. ment is a mistake. Actually, I want to question is on agreeing to the amend- He was a brilliant man. I am not objec- say I know this amendment is a mis- ment of the Senator from Indiana. On tive, he was my father. He spoke 10 lan- take, because I really believe it is all this question, the yeas and nays have guages fluently but it did not help. He about someone like Joan Samuelson. been ordered, and the clerk will call spoke 10 languages fluently, but be- We ought not to vote for the Mo Udall the roll. cause of Parkinson’s he could not Parkinson’s Research Act, the amend- The legislative clerk called the roll. speak. He could not walk. And really ment last night introduced by Senator Mr. NICKLES. I announce that the the truth of the matter is he intensely MCCAIN and myself, and then turn Senator from Alaska [Mr. MURKOWSKI] wanted to die. That is exactly what he around and essentially defund one of and the Senator from Rhode Island indicated to me. the important avenues of research that [Mr. CHAFEE] are necessarily absent. When Joan Samuelson testified, I potentially could lead to a cure for this The PRESIDING OFFICER (Mr. AL- kept thinking, gee, she is in her thir- disease. I think that would be an injus- LARD). Are there any other Senators in ties. What is going to be her future? If tice to Joan Samuelson and many the Chamber who desire to vote? you are lucky, this disease runs a slow other women and men who struggle The result was announced—yeas 38, progression, but you never know. You with this disease. I hope my colleagues nays 60, as follows: do not want to find out you have Par- will vote against this amendment. [Rollcall Vote No. 215 Leg.] kinson’s when you are in your thirties. I yield the floor. YEAS—38 By the way, it is a myth that this is a Mr. STEVENS. I suggest the absence Abraham Enzi Inhofe disease that only afflicts the elderly. of a quorum. Allard Faircloth Kempthorne When Joan Samuelson testified, more The PRESIDING OFFICER. The Ashcroft Frist Kyl than anything what she was saying is, clerk will call the roll. Bennett Gorton Lott Bond Gramm Nickles ‘‘Look, for me and many others, time The assistant legislative clerk pro- Brownback Grams Roberts is not neutral. How can you say to me ceeded to call. Burns Grassley Santorum that you are only willing to invest Mr. STEVENS. I ask unanimous con- Coats Gregg Sessions about $30 per person for the 1 million of sent that the call of the quorum be re- Coverdell Hagel Shelby Craig Hatch Smith (NH) us who struggle with Parkinson’s? How scinded. D’Amato Helms Thomas can you look at me in the eye and say The PRESIDING OFFICER. Without DeWine Hutchinson Thompson that? This is my life or whether I will objection, it is so ordered. Domenici Hutchison have a life.’’ Mr. STEVENS. I ask for the yeas and NAYS—60 The reason I raise this is I remember nays on the pending amendment. Akaka Ford McConnell hearing her testify and thinking about The PRESIDING OFFICER. Is there a Baucus Glenn Mikulski my parents and sort of just then start- second? There is a sufficient second. Biden Graham Moseley-Braun ing to have tears in my own eyes be- Bingaman Harkin Moynihan The yeas and nays were ordered. Boxer Hollings Murray cause I was thinking I don’t want Mr. STEVENS. That vote will occur Breaux Inouye Reed someone like Joan Samuelson to get to at noon? Bryan Jeffords Reid the place where my dad did. I don’t The PRESIDING OFFICER. That is Bumpers Johnson Robb Byrd Kennedy Rockefeller want that to happen to her. correct. Campbell Kerrey Roth Now, I am not a doctor. I cannot Mr. STEVENS. I suggest the absence Cleland Kerry Sarbanes guarantee there will be a cure to this of a quorum. Cochran Kohl Smith (OR) disease tomorrow. But when I spoke to The PRESIDING OFFICER. The Collins Landrieu Snowe Conrad Lautenberg Specter Joan Samuelson two nights ago, she is clerk will call the roll. Daschle Leahy Stevens out in California, she said to me, ‘‘The The assistant legislative clerk pro- Dodd Levin Thurmond way I look at this debate on fetal tis- ceeded to call the roll. Dorgan Lieberman Torricelli Mr. COATS. Mr. President, I ask Durbin Lugar Warner sue research is this is the particular re- Feingold Mack Wellstone search that I think could very well lead unanimous consent that the order for Feinstein McCain Wyden to a cure for me.’’ That is the point. the quorum call be rescinded. NOT VOTING—2 Please, everybody, that is the point. The PRESIDING OFFICER. Without Whatever your position is on the gen- objection, it is so ordered. Chafee Murkowski eral question of pro-choice, pro-life, Mr. COATS. Mr. President, just in The amendment (No. 1077) was re- that is not what this debate is about. summarizing before we vote at 12 jected. To someone like Joan Samuelson, this o’clock on the Coats amendment, let Mr. FORD. Mr. President, I move to is one avenue of research that could me just, for Members’ information, reconsider the vote. very well lead to a cure for this dis- clarify things here. Mrs. BOXER. I move to lay that mo- ease. That is of central importance to This amendment does not prohibit all tion on the table. her. That is of central importance to Federal funding for fetal tissue re- The motion to lay on the table was the lives of many other people strug- search. Fetal tissue research can go agreed to. gling with Parkinson’s. I think that is forward. It allows fetal tissue research The PRESIDING OFFICER. The Sen- what this vote is about. to go forward with tissue obtained ator from New York is recognized. So, Mr. President, I urge my col- from ectopic pregnancies and sponta- Mr. D’AMATO. Mr. President, I have leagues to please vote against this neous abortions. It does prohibit Fed- an amendment which I would like to amendment. I feel like I have to, in eral funds from being used for research submit on this bill, but I would ask good faith, conclude by saying, even on fetal tissue obtained by induced unanimous consent that I might be though I hope there will be a strong abortions only. given an opportunity to speak to up to vote against this amendment, one more We encourage research in the most 10 minutes as if in morning business on time I want to make it crystal clear promising areas of Parkinson’s disease a subject of some import dealing with that Senator COATS is doing what he with animal tissue transplants, gene- the terrorist action today in Jerusa- thinks is right. Senator COATS has sup- based therapy, deep-brain stimulation. lem. ported this effort to expand the funding So this applies not to diabetes re- The PRESIDING OFFICER. Is there for Parkinson’s. Senator COATS knows search, not to other neurological re- objection? The Chair hears none, and it this disease all too well. I believe his search—just to this. Other alternatives is so ordered. S8782 CONGRESSIONAL RECORD — SENATE September 4, 1997 The Senator from New York is recog- ing and abetting, and, indeed, we have rorist acts that continue. But it is the nized. him embracing terrorist leaders, I tone, it is the context of what is hap- f think we have to at the very least look pening. The Israeli intelligence gathers at whether this should continue. I be- evidence, presents it to Mr. Arafat to TERRORISM IN ISRAEL lieve that we have an obligation to show him, a month or so ago, that the Mr. D’AMATO. Mr. President, once speak up and say, we hold you, Mr. person he has appointed as the chief of again, we have seen the ugly, undeni- Arafat, responsible, and it is time to the Palestinian Authority police has ably brutal, horrific actions of terror- condemn him publicly for the carnage been involved in planning terrorist ism. We have seen the destructive im- and the destruction of human life that acts. How would we feel if we had evi- pact of it in Jerusalem so vividly put has taken place today and in the past. dence from intelligence showing that forth over the TV screens, but it goes Mr. President, I see my friends and the minister of defense of Russia, with well beyond. We are told that 6 people colleagues, the Senators from Con- whom we were negotiating an arms died, over 150 have been injured, and necticut and New Jersey, in the Cham- control agreement, had been involved obviously our sympathy goes out to ber, and I know that they feel strongly in planning terrorist acts against the them and to their families and to the about this issue. United States? The dreadful moment, people of that region who are held cap- I yield my remaining time to the after the bombing in Israel, in Jerusa- tive by these kinds of terrorist attacks. Senator from Connecticut and the Sen- lem, a few months ago, Chairman This is the work of Hamas, the Hamas ator from New Jersey. Arafat, instead of taking action to re- who are given sanctuary, who operate The PRESIDING OFFICER. The Sen- assure the fear of average Israelis out of the territories under the direct ator from Connecticut. about their security, holds a con- control of Yasser Arafat. Mr. LIEBERMAN. I thank my friend ference with Hamas and other terrorist Now, make no mistake about it: The and colleague from New York for yield- groups and embraces and kisses one of responsibility for this terrorist act and ing and for his statement. the leaders of that group. Again, the the previous bombings lies with Mr. Mr. President, as a result of a terror- chief of police of the Palestinian Au- Arafat. He, Mr. President, has the ist act, blood has been spilled in the thority at one point declares with some power to deter these murderers but streets of Israel as its citizens go about pride that more than 100 members of does nothing. Indeed, he gives them the most normal day-to-day tasks, Hamas are members of the Palestinian sanctuary. He gives them sustenance. walking, shopping. Lives again have Authority police. He gives them comfort. been lost to the terrorist hand. It is a The effect of these actions leading, Let me illustrate by way of this pic- very sad and dispiriting moment, not again, to this tragic terrorist act ture. It is said that a picture is worth just, of course, for those who have suf- today, is not just to affect the political a thousand words, and in this case I fered in this terrorist attack and for leadership of Israel. Israel is a democ- think even more so. The New York the families and friends who pray now racy. That is why Mr. Netanyahu is Times, Thursday, August 21, and here that the lives of the wounded will be Prime Minister. The effect of these we see Mr. Arafat greeted by a leader saved. It is also a sad and dispiriting acts that I have described is to under- of the Hamas during a meeting in Gaza: day for all of us who hope for the con- cut severely the trust, the confidence, ‘‘Defying Israel, Arafat embraces Is- tinuation of the peace process in the the hope of the people of Israel for lamic militants.’’ Middle East, begun in Oslo, ratified at peace. Because they don’t trust the You cannot have it both ways. You a historic, dramatic, hopeful signing on Palestinian Authority and Mr. Arafat, cannot say, on the one hand, that we the lawn of the White House on Sep- based on these various acts I have de- are the instrumentality of peace, that tember 13, 1993 by the late Prime Min- scribed and Senator D’AMATO has de- we want peace, we are working for ister Rabin and Chairman Arafat. The scribed, to carry out the promises in peace, and on the other hand be em- agreement, the understanding, the ex- the Oslo accords to provide security bracing the leaders of the terrorist or- change made in the declaration of prin- and peace. ganizations that are sworn to destroy ciples in the Oslo accord was com- The late Yitzhak Rabin, Prime Min- Israel, the Jewish people and any pros- plicated in one sense, but simple in an- ister of Israel, was a great leader, a pects for peace. other. It was an exchange in which the great soldier of the peace, so-called That is indefensible. And so while Israeli Government would yield land in peace of the brave. But I would say there are those who claim that this is recognition of a Palestinian self-gov- today, if Prime Minister Rabin was an internal security problem for Israel, erning authority in exchange for the alive and was still Prime Minister I believe it is quite clear, given the re- Palestinians—and particularly their today, he could not accept the continu- sponsibilities and given the power and eventually elected leadership, Chair- ation of the peace process under the given the economic wherewithal that man Arafat and others—giving security status quo, because the Palestinians we have provided, the United States, to to the people of Israel; freedom from have not kept their part of the bargain. Yasser Arafat, whose police force has fear of the kind of terrorist acts that So, I fully support the statements failed, whose security services have, if have been committed again today in Is- made by the Senator from New York. I anything, given sanctuary and protec- rael. am grateful the Secretary of State is tion to Hamas, it is about time we held Mr. President, I know the Prime Min- underway to the Middle East. It will him accountable for these acts. Instead ister of Israel, Benjamin Netanyahu, is take a courageous and bold action. But of providing the security and loaning controversial in many areas of this the main point here is that Chairman himself to the peace process, he em- country, and there are different acts Arafat has to understand-— braces these murderers as we see so that he has carried out as a leader that clearly. He coddles them, he provides some challenge and question. But it The PRESIDING OFFICER (Ms. them with sanctuary. seems to me, if you look at the agree- SNOWE). The time for morning business Mr. President, terrorism will not end ment made in the Oslo accords and you is expired. if this is permitted. look at what was required of Israel, Mr. LIEBERMAN. I ask unanimous I believe, and I have said before—and Prime Minister Netanyahu, since he consent I be given 2 additional min- I see my colleague in the Chamber— has been Prime Minister, has kept utes. that it may come time—and the Sen- those promises made by Prime Min- The PRESIDING OFFICER. Without ator from Connecticut [Mr. LIEBERMAN] ister Rabin. The same cannot be said of objection, it is so ordered. has raised this issue—for this country Chairman Arafat. Mr. D’AMATO. Madam President, to look very closely at the moneys, the It is not just, although it is signifi- might I ask that we have an addi- hundreds of millions of dollars annu- cant, the failure, as promised in the tional—up to 15 minutes in morning ally that we send to Mr. Arafat under Oslo accord, to remove from the Pal- business to be able to speak on this the umbrella, the cloak, of peace. estinian Charter these clauses which issue, because I know there are col- When those dollars are not being threaten the destruction of the State leagues, my colleague from New Jersey used to provide the kind of security to of Israel. It is not just, though of and colleague from California, who bring about a peace process but are aid- course it is tragic and painful, the ter- would like to speak to this. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8783 The PRESIDING OFFICER. Is there happening. It has gone on for too long. forward with a cutoff of funding to objection? Without objection, it is so The attempt to suggest that this is a Yasser Arafat and the Palestinians, un- ordered. way to obtain peace, or to coerce less we see some—I am not saying to- Mr. D’AMATO. I thank the Chair. friends who want democratic societies morrow or the next day—but unless we Mr. LIEBERMAN. Madam President, throughout the Middle East, kind of see some concerted action? I think we what I am saying here is that this modeled on what Israel has done—it is have to begin to let him know. I am process—for the first time since Sep- a democratic society, as my friend and wondering what my colleague thinks tember 1993 I fear that the peace proc- colleague from Connecticut said. They about that—my colleagues think about ess in the Middle East is unraveling. elected a Prime Minister. It is not for that? Because, it seems to me, we say And that would be a terrible result for us to agree or disagree. It is irrelevant. one thing and we do the other. We are the people on both sides in the Middle The fact of the matter is, it is a demo- permitting, I think, ourselves to look East. The only way it can be brought cratic society. And what we try to do is rather foolish in the continued funding, back on track is for Chairman Arafat encourage the Palestinian Authority to or permitting funding to continue to to take some unequivocal and strong take democratic leadership and rep- flow. actions to make clear that he is an resent law and order and defend Mr. LAUTENBERG. The question my enemy of terrorism. That will probably against terrorism. But we have been colleague from New York State raises include arresting suspected terrorists. grossly disappointed of late. is a very complex one. Because we want That will include a direct break of this I was in Israel 2 years ago in April to continue a peace process. I spent embrace with Hamas. It will include a when a bus was exploded by a terrorist. some time in Ireland. I visited in the dedication to destroying the terrorist On that bus was a young woman from north. We made investments in that so- infrastructure that is part of Hamas. If New Jersey whose family I now know ciety, in the northern section, so that that does not happen, the process will very well. She died in a few days; 21 people could elevate their standard of not go forward. Because the people of years old, an innocent victim. She living and reduce some of the anger Israel—leave aside the Government— wasn’t there trying to hurt anybody. and the rage. And we continued. I was the people of Israel will not have the She was there because she was inter- pleased to see, in the last couple of days, discussions taking place that in- confidence to take it forward. ested in studying Hebrew and the his- Here our options are limited. The tory of the Jewish people. Sometime clude the Sinn Fein, with some Mem- Secretary of State and her designees later another young woman, also from bers of the Senate and so forth, to try are there to try to bring some sense to New Jersey, was killed in a terrorist to say, ‘‘Stop the killing, stop the kill- ing.’’ the parties on both sides. But, insofar attack in Tel Aviv—just a random ex- I met with people in New Jersey, and as we have options, it suffices to say plosion, someone willing to take his we disagreed on the tactic that was that in the climate and the reality that life, convinced that he would be re- warded for killing himself and killing being used, the violence in the North, has occurred, as Senator D’AMATO has to try to bring about the kind of equal- indicated, it seems to me there is very others. The one thing we have to insist on in ity that all of us like to see for our little chance that this Congress would this country is we should not talk to families and our friends. Thusly, I am appropriate any funds for the Palestin- anybody who, in addition to a formal reluctant to say just offhand that we ian Authority. It will make it difficult relationship with us, supports terror- ought to simply cut off the relation- to renew the Middle East Peace Facili- ism. Syria by way of example. We have ship. tation Act, which allowed the PLO, the an ambassador there. They have rep- I have faith that the Palestinian peo- Palestinian Authority, to have an of- resentation there. But they are on a ple also want peace. I don’t think that fice here in Washington which was list of countries that support terror- they, any more than anyone else, likes closed in August because we didn’t ism. And we ought to say listen, if that the prospect of a son or a daughter renew it. is the way you are going to conduct dying in a conflict. There are those These are serious consequences which your life, in terms of the region that madmen—we have them in our society; go to the heart of the process and to you exist in, that you want to encour- we saw it in Oklahoma—people who are the hopes of people, on the Palestinian age terrorism on the one hand and be a part of our culture who do something and Israeli sides, for a better future friend of this great democracy on the that is so outrageous. We see it in vio- than the war-torn past. I think we are other, it’s no go. We ought to say that lence around the country all too fre- all here appealing to Chairman Arafat, to countries all around the area. If you quently. We just saw it in New Hamp- who remains the elected chairman, to in any way—even those that we have shire. seize this moment, show his leadership, established some friendships with—if I will say this, though, that I think or forever be seen in the eyes of history you in any way encourage or inflame the Senator confirms what I was talk- as the man who destroyed the hopes for the fire of violence and terrorism, our ing about, and that is, we have to, as peace in the Middle East. relationship is going to change. We they say, tighten the screws. We can- I thank the Chair and yield the floor. cannot sit by and simply pour our not have a Hamas operating under one The PRESIDING OFFICER. The Sen- hearts out and say, ‘‘Isn’t it sad? Some- disguise in one place doing a good deed ator from New Jersey. body lost a son, somebody lost a daugh- here and there—and I don’t care how Mr. LAUTENBERG. Madam Presi- ter, mother, father, sister.’’ It has to be many good deeds they do—if the alter- dent, if I might, I don’t know, is the more overt than that. native is to have another branch of time reserved just generally? We have seen what happens with ter- that organization that kills people, Mr. D’AMATO. No. I have asked that rorism. We have seen it in our own those who might disagree with them, we be permitted to speak on this issue country. It shocked everybody, in while they tend to the needs of others for up to 15 minutes. My colleagues Oklahoma, the Port Authority building who are indigent medically, troubled, have yet to speak. So use whatever in New York, the Trade Center. It is et cetera. time is necessary. frightening. It is a disgusting, revolt- So we have to make sure that if you Mr. LAUTENBERG. I thank the Sen- ing act. Think of it, that someone feels want to be a friend of the United ator from New York. I commend him justified, for political or personal rea- States, if you want us to work with for his ever-present concern about the sons, to take others’ lives in the name you in any continued way of support well-being of our friends around the of a cause. We ought not let it be mis- for democracy, for economic better- world, Israel in this case, and his understood, that we will never, never, ment, that you have to leave out any staunch defense of freedom and democ- never accept a handshake on one hand assistance or any encouragement for racy against terrorism. I thank him for from someone who is going to support terrorism, and that means reacting to his initiative today. terrorism with the other hand. terrorist acts by saying, ‘‘We condemn It is heartbreaking for all of us, when Mr. D’AMATO. I wonder if my col- it and we condemn those who did it,’’ we see innocent people carried away in league might yield for an observation? and not hedge what they are saying, stretchers, and the mayhem and the Mr. LAUTENBERG. Sure. not permit them to say, ‘‘Well, we destruction that terrorists visited upon Mr. D’AMATO. Do you think that we don’t like terrorism, but, in this case, Jerusalem this day. It is not a unique should consider very seriously going maybe’’—baloney. S8784 CONGRESSIONAL RECORD — SENATE September 4, 1997 What we say is, if anybody partici- peace. I must tell this body honestly, I I thank the Chair. I yield the floor. I pates in any support of terrorism, they no longer believe that to be the case. I thank the Senator from New York for can’t be friends of ours and they can’t watched his kiss with a Hamas leader, his comments. derive any benefit from it. and I know that when public leaders Mr. D’AMATO addressed the Chair. I will relinquish the floor with a word engage in these kinds of symbolic ges- The PRESIDING OFFICER. The Sen- of encouragement for Secretary tures, it sets forth signals, signals to ator from New York. Albright to continue her effort, for all every Hamas terrorist everywhere, Mr. D’AMATO. The Chair has been the peacemakers to continue their ef- that their actions are, to some extent, gracious in extending morning business forts, to try to get by this but at the condoned by the chairman of the Pal- time, but I would like to make one ob- same time to make certain that those estinian Authority, the head of that servation, if I might, and ask that the who commit terrorist deeds know that authority. That is a terrible signal to time be continued. they cannot sit at the table at the send if you are going to be seriously The PRESIDING OFFICER. Without same time that the peacemakers do. I engaged in a peace process. objection, it is so ordered. yield the floor. So I have come to believe that that Mr. D’AMATO. Madam President, I Mrs. FEINSTEIN addressed the authority at this stage does not want think that this picture and the caption Chair. peace. I have come to believe it when I describes it. Here is Yasser Arafat em- The PRESIDING OFFICER. The Sen- read that members of the police de- bracing a leader of terrorism, a killer, ator from California. partment were actually engaged in the leader of Hamas. The caption reads: Mrs. FEINSTEIN. Madam President, complicity with terrorists to allow a ‘‘Defying Israel, Arafat embraces Is- if I may, I would like to continue along terrorist attack to take place. lamic militants.’’ It is better titled: the lines of some of my colleagues’ I believe the following: First, that if ‘‘Defying peace’’—defying peace. It is comments with some of my own, infor- there is ever a time for the Arab world better titled ‘‘Embracing terrorists,’’ mal as they may be, about what hap- to come forward and take a united and because that is exactly what he is pened this morning. I find myself very strong position against Hamas and doing. much thinking along the lines of the Hezbollah and any other organization My colleague from California, I Senators from New York, Connecticut that would carry out these acts, it is think, described it quite correctly. It is and New Jersey. now. If there ever was a time for the not good enough to speak about peace I watched the CNN coverage from Je- Arab world to begin to press for the ar- and yet to give sanctuary, safe haven rusalem this morning, and my heart rest, for the destruction of these ter- and tangible, visible support to those very much went into my throat. I won- rorist organizations, it is now. Outside who bring about these horrific acts. dered how much can the people of this of concerted action by the Arab world, That is what Mr. Arafat has done. Gen- small nation endure. I looked at the I don’t see how a peace process can go erally, he has done it under the cloak faces on the streets, and I saw a kind of ahead with any progress whatsoever. of speaking in a language and in places Second, I believe we should not renew brokenness, a spirit diminished, a hurt and at times where the world does not the Middle East Peace Facilitation that was turning rapidly to anger. hear it, but that selected groups hear Act. I believe that all funding should I have been one on the Foreign Rela- cease at this point. And I must finally his words. Here he has done it in the tions Committee who has been a sup- say that I personally have very mixed way that the camera has captured him porter of the Middle East Peace Facili- feelings about Secretary Albright’s trip and his words in giving support and tation Act. That act expired prior to to the Middle East. Yes, I believe we comfort to those who bring terror to our recess. It was not renewed. My un- should resist terrorism. I am not sure the streets and to the homes of inno- derstanding is that as a result the Pal- that going to the Middle East at this cent civilians. estinian office in this area has closed, point in time sends the signal that we Mrs. BOXER. Mr. President, once and I believe it should remain closed, do, indeed, resist terrorism. It seems to again innocent Israeli civilians have and that the aid specified through the me that if both parties, Israel and the been murdered by the enemies of the Middle East Peace Facilitation Act, Palestinians, want to discuss peace and peace process. I rise today to strongly which we call MEPFA, has ceased. I be- the United States is going to carry out condemn this cowardly act of violence lieve that aid should cease. I believe our role as an honest broker, this peace and reaffirm my support for the people that the Middle East Peace Facilita- can be brokered elsewhere than on Is- of Israel and for the people who want tion Act at this point in time should raeli soil at this point in time. peace throughout the Middle East. not be renewed and, as a member of the When three people move forward to There is no doubt that today’s sui- Foreign Relations Committee, it is kill themselves and kill others, I only cide bombings were carefully timed to going to take a great deal to convince can believe that other attacks are inflict the greatest number of civilian me to go in any other direction. going to follow. If I am any judge at all causalities. Three explosions in quick The last terrorist attack before this of the faces, the Israeli faces I saw on succession rocked the Ben Yehuda pe- was July 30. Since then, there has been television this morning, I would have destrian mall during the busiest time an aborted attack. Today, we saw three to say that peace is having a price that of day. These bombs killed at least 6 suicide bombers go into a busy pedes- free people have a great deal of dif- and injured nearly 200 people. trian mall and blow themselves up in a ficulty in paying, because it means As expected, the terrorist group kind of fanaticism that certainly is not your child can’t go to school, you can’t Hamas has claimed responsibility for understood in Western countries or shop, you can’t walk down a street. this deplorable act. They are respon- really any peace-loving country. It is You become a hostage, in another sible for the blood and carnage in the not the act of peace-loving people to sense. streets of Jerusalem, and they must blow themselves up and blow up any- So I make these comments with very answer to the grieving parents and one that happens to be around them. deep concern as one who has tried to families of the victims. I submit that the only reason these work on resolutions passed by this Last month, I stood before this body bombs are not blowing up inside rooms, body so that they weren’t inflam- to urge Yasser Arafat and the Palestin- businesses, and convention halls—and matory to the peace process, so that ian Authority to keep their promise causing even more casualties—is that Jerusalem, as an issue, could be han- and crack down on terrorism. As evi- in Israeli, everyone is searched when dled in a way that was not inflam- denced by his complete inaction since they enter public buildings. This is a matory, so that the Middle East Peace the July 30 bombing, Mr. Arafat has terrible way for people to have to live. Facilitation Act could go ahead. But as not done anything to join the fight At some point it almost begins to ap- one Member of this Senate, I am now against terrorism. If the peace process proach the atrocity of a concentration at the point where I believe that with- is to move forward, he must find the camp if people must live this way. out a major commitment from the courage to confront those who would My own view is that it takes two par- Arab world, from Mr. Arafat and from victimize innocents to undermine ties to pursue peace, and both parties his government, peace is at the weak- peace in the Middle East. must want peace. I had thought up to est point that I have ever seen since Secretary Madeleine Albright is this point that Yasser Arafat wants the peace process has begun. scheduled to visit the Middle East next September 4, 1997 CONGRESSIONAL RECORD — SENATE S8785 week, and there are many who believe of $40,000,000 that shall be used to carry out and older. So when we talk about the these bombings were intended to dis- title III of such Act)’’. needs of the frail elderly and keeping rupt her visit. Mr. President, this de- On page 85, line 19, strike ‘‘$30,500,000’’ and them from being institutionalized, this liberate act of violence against Israel insert ‘‘$70,500,000’’. is becoming an increasing problem. will not deter us in any way from mov- Mr. D’AMATO. Madam President, I The elderly population over age 85 ing forward with the peace process—in- thank Chairman SPECTER and the will increase by 36 percent by the year deed, it will only strengthen our re- ranking minority member, Senator 2005. Think of that; an incredible 36 solve. It is critical that America con- HARKIN, for their incredible steward- percent. That is going to call for in- tinue to play a major role in the peace ship and leadership in developing the creased services, increases well beyond process. We will not allow terrorists to 1998 Labor, Health and Human Serv- what we can imagine and envision set the agenda for the peace process. ices, Education appropriations bill. It today. And unless we do, we are talk- We will not allow cowards to strangle is one of the most difficult bills that ing about a vulnerable population. the prospects for peace in the Middle we have to deal with because the needs They will have no other alternatives in East. are so great; the needs for increased many cases than to be institutional- In these difficult times, the need for medical research, for research in all of ized. I suggest not only the quality of strong American leadership becomes the areas, whether it be for breast can- life of the seniors then becomes de- ever clearer. That is why I am very cer, whether it be for kidney programs, graded to the extent that we do not pleased that Secretary Albright has de- whether it be for the programs for even like to think about it, but the cided to proceed with her planned visit AIDS research. cost factors will become incalculable. to the Middle East. It is my profound Encompassed in this is how do we The typical Older Americans Act par- hope that her efforts can jump start share the resources which are so lim- ticipant, Mr. President, to get a profile the ailing peace process. ited? So it really comes down to, unfor- of who is that person, is a woman over I believe Mr. Arafat and the Palestin- tunately, choices, of not giving suffi- 75, living on a very limited fixed in- ian Authority must both agree to fully cient funding to some of the most criti- come, who needs daily help in prepar- engage in the peace process and take cally important areas affecting our ing meals or weekly transportation to dramatic steps to halt these terrorist health, affecting infants, and affecting a doctor. attacks if they wish to continue to re- all of our populations. Thirty-nine percent of the Older ceive financial assistance from the But there is another population that Americans Act participants have in- United States. Unless such action is continues to grow, a population that comes at or below the poverty level. taken in the immediate future, I will has not, unfortunately, had their needs Among States, the poverty rates for steadfastly support cutting any and all met, too. That is our senior citizens. participants range from 17.2 to 86.9 per- aid to the Palestinian Authority. It is That is why I rise today, on behalf of cent. Twelve States report at least half truly unconscionable that American America’s elderly citizens, to increase of their participants have incomes at money, given in good faith, be used to the title III of the Older Americans or below the poverty threshold. aid those who would conspire with ter- Act. I offer an amendment that would Mr. President, why is a $40 million rorists. increase it by $40 million, for a total of increase so desperately needed? Well, Israel’s greatest responsibility is to $893 million. The current Older Ameri- despite the steady funding increases, protect her citizens. Mr. Arafat must cans Act funding includes a 2-percent the effect of inflation and the tremen- understand that a true peace can be increase. That is 15 percent. That is a dous population growth have dimin- achieved only when Israeli citizens are cost-of-living increase over last year’s ished the actual impact of the annual secure in their homes, in their places of allocation. appropriations increases. Over the past worship, and on their streets. They de- Most people would say, ‘‘Well, that’s 15 years, there has been a 40-percent serve no less. not bad in these times of austerity.’’ I loss in the program’s capacity to meet I wish to express my sincere condo- agree. But I think we have to look at the needs of older citizens due to a lences to the Israeli people on this the problem. The primary goal of these combination of the following factors: senseless tragedy. community services is to keep mil- increased costs due to inflation, serv- lions—millions—of frail elderly people ing increased numbers of frail elderly f living independent in their own homes, who need more, and reduced Federal DEPARTMENTS OF LABOR, in their own apartments, for as long as funding. HEALTH AND HUMAN SERVICES, possible, allowing them to avoid unnec- If inflation and the increasing age AND EDUCATION, AND RELATED essary institutionalization and saving population were accounted for from the AGENCIES APPROPRIATIONS billions of dollars, not to mention im- OAA’s start in 1973, we would have had ACT, 1998 proving their quality of life. to double the funding. So while the re- So the Older Americans Act provides quest for doubling the funding level in The Senate continued with the con- a whole variety of programs, home and 1 year is unrealistic, certainly—cer- sideration of the bill. community-based services to the elder- tainly—the request that we put forth AMENDMENT NO. 1079 ly, including congregate and home-de- at 5 percent, or $40 million, is one that (Purpose: To increase the amounts made livered meals—Meals on Wheels; we I believe is extremely conservative and available to carry out title III of the Older have heard of that—transportation so one that I hope we can meet. Americans Act of 1965) that seniors do not live as shut-ins so Where do we find the funds? Let me Mr. D’AMATO. Madam President, I they have an opportunity to come to- first say the committee has done an ex- send an amendment to the desk and gether with friends and neighbors, sen- cellent job. It has identified funding, ask for its immediate consideration. ior employment, senior centers, adult an increased funding of $15 million, by The PRESIDING OFFICER. Without day care and other services. reducing the general administrative objection, the pending amendments are Three of these services account for costs, which amount to about $1 bil- laid aside. The clerk will report. more than two-thirds of the title III lion, the bureaucracy, the overhead for The legislative clerk read as follows: funding: Congregate meals, that is $250 administering these programs, for the The Senator from New York [Mr. D’AMATO] million; home-delivered meals, $134 bureaucrats here in Washington and in proposes an amendment numbered 1079. million; and transportation, $63 mil- other areas. I believe that by a further Mr. D’AMATO. Madam President, I lion. No one can deny the incredible reduction by 5 percent, we can add $40 ask unanimous consent that the read- needs and the fact that, if anything, million. That is a very modest reduc- ing of the amendment be dispensed they grow and grow. tion as it relates to overhead. And that with. The face of America’s population, Mr. is what we intend to do. The PRESIDING OFFICER. Without President, is changing. It is growing So what we are talking about is mak- objection, it is so ordered. older. Believe it or not, those elderly ing more resources available for peo- The amendment is as follows: people who are 85 years of age or older ple, the frail elderly, people who need On page 45, line 13, strike ‘‘$854,000’’ and in- are growing faster than any others. it, a population that averages 75 years sert ‘‘$854,074,000 (and an additional amount They are growing at a faster rate—85 of age, a population that continues to S8786 CONGRESSIONAL RECORD — SENATE September 4, 1997 increase, as opposed to decreasing re- Mr. LIEBERMAN. Mr. President, I than 700 charter schools will be in oper- sources for bureaucrats. am proud to rise today to offer an ation across the country, including a I believe in the days of computeriza- amendment, along with my good friend whole new group in my own State of tion, et cetera, and effective efficiency, and colleague Senator COATS from Indi- Connecticut, practically tripling the we can do that. We can actually in- ana, which would increase our invest- number of charters that were in exist- crease the services with less people by ment in one of the most promising en- ence just 2 years ago. way of attrition, by way of maximizing gines of education reform in America The appeal of this new breed of the efficiency and the effectiveness today, which is the charter school schools is obvious. In the context of a that one person today can bring to the movement. This amendment would in- school system that is not adequately work force by use of the computer that crease funding for the charter school educating too many of our children, can do the work of two or three or four. grant program from the current level charters offer the promise of higher Mr. President, I ask for the yeas and of $51 million up to $100 million for fis- standards, greater accountability, nays. cal year 1998. broader flexibility to innovate in the The PRESIDING OFFICER (Mr. ROB- Mr. President, we recognize that this classroom, and ultimately greater ERTS). Is there a sufficient second? is a sizable jump in funding, but let me choice, which is what more and more There appears to be. put it in context and then go on to ex- parents want in public education. So The yeas and nays were ordered. plain why we believe it is more than far the broad array of charter schools AMENDMENT NO. 1079, AS MODIFIED warranted. already in business are delivering on Mr. D’AMATO. Mr. President, I ask Earlier this week, on Tuesday of this that potential. Parents give over- unanimous consent that I be allowed to week, my friend and mentor, Bill Ben- whelmingly high marks to charter submit a modification to the amend- nett, wrote a column on the op-ed page schools for their responsiveness to ment which I have offered. of the Wall Street Journal in which he them, the parents, as customers. Sev- The PRESIDING OFFICER. Is there began with some startling numbers. eral independent studies show that objection? Without objection, it is so ‘‘This morning,’’ that is Tuesday morn- this, in turn, is helping to generate ordered. ing, ‘‘a record 52 million children will greater parental involvement in the The amendment (No. 1079), as modi- walk into America’s classrooms. And education of their children. fied, is as follows: this year Americans will spend more These studies also show that charters On page 45, line 13, strike ‘‘$854,074,000’’ and than a quarter of a trillion dollars try- are effectively serving diverse popu- insert ‘‘$894,074,000’’. ing to educate them.’’ lations, particularly many of the dis- On page 85, line 19, strike ‘‘$30,500,000’’ and So when we think, as this amend- advantaged and at-risk children that insert ‘‘$70,500,000’’. ment would do, Mr. President, of tak- traditional public schools have strug- Mr. D’AMATO. Mr. President, I ask ing the $51 million the Federal Govern- gled to reach. While it is too soon to unanimous consent that this matter be ment now invests in charter schools determine what impact charter schools laid aside and be voted on at 5:30. and raising it to $100 million—a sizable are having on overall academic per- The PRESIDING OFFICER. Without jump; just about doubling it—let us put formance, the early returns in places objection, it is so ordered. it in the broader context of the quarter like Massachusetts suggest that char- Mr. D’AMATO. I thank the Chair and of a trillion dollars that is being spent ters are succeeding where it matters thank my colleagues for their patience. every year in this country to educate most, in the classroom. Mr. LIEBERMAN addressed the our children. This additional $50 mil- Perhaps the most powerful endorse- Chair. lion, I think, provides enormous hope ment of the charter school approach The PRESIDING OFFICER. The Sen- that the remaining quarter of a trillion came recently from the superintendent ator from Connecticut is recognized. dollars will be better spent. of public schools for the Seattle public Mr. LIEBERMAN. I thank the Chair. Dr. Bill Bennett went on to say that school district, who suggested that the AMENDMENT NO. 1080 these numbers alone ensure that edu- city should consider making every (Purpose: To increase funding for the Pub- cation will be at or near the top of the school in its district a charter school, lic Charter Schools Program under Part C of national political agenda, and indeed, freeing the schools of the burdens of Title X of the Elementary and Secondary in addition to this, there is greater po- the central bureaucracy, setting a se- Education Act of 1976) litical emphasis on social issues. Edu- ries of standards of accountability that Mr. LIEBERMAN. Mr. President, I cation is how many people talk about would have to be met by those who run have an amendment which I send to the condition of our children, cultural the school in a given amount of time the desk at this time. decline, and the Nation’s moral well- and understanding that the charter is The PRESIDING OFFICER. Without being. not forever. The charter is only re- objection, the pending amendments are Dr. Bennett goes on to cite a number newed if the goals set out within it are set aside. The clerk will report the of hopeful signs of reform and progress realized. amendment. occurring in our education system, in- The movement is being driven by a The bill clerk read as follows: cluding some of the superb experiments growing legion of parents, educators, The Senator from Connecticut [Mr. that are now being tried with school business leaders and community activ- LIEBERMAN], for himself and Mr. COATS, pro- choice or school vouchers, school schol- ists who are convinced that alter- poses an amendment numbered 1080. arships. But he also mentions charter natives in public education, including Mr. LIEBERMAN. Mr. President, I schools. I quote from his article. ‘‘Pub- charter schools, represent the future of ask unanimous consent further reading lic schools that are freed from many public education in America. But Con- of the amendment be dispensed with. regulations, in exchange for greater au- gress, to our credit, has made a valu- The PRESIDING OFFICER. Without tonomy and more accountability, are able contribution to the growth of objection, it is so ordered. flourishing. There are now more than charters through the Federal charter The amendment is as follows: 700 charter schools in 28 States.’’ grant program, which was authorized Mr. President, the goal of this On page 50, line 9, strike ‘‘$1,271,000,000’’ in 1994 with broad bipartisan support. I and insert ‘‘1,256,987,000’’, and on line 10, amendment is to help us open, help the was privileged to be a cosponsor of that strike ‘‘$530,000,000’’ and insert ‘‘$515,987,000’’. States, help individuals, help entre- legislation with Senator David Duren- On page 53, line 12, strike, ‘‘$310,000,000’’ preneurs open hundreds of more char- berger, the main sponsor, Senator from and insert ‘‘285,000,000’’. ter schools. This movement has quick- Minnesota. On page 59, line 12, strike, ‘‘$362,225,000.’’ ly become one of the most popular and Over the last 3 years, the Federal and insert ‘‘352,225,000, of which $40 million encouraging developments in the world charter program has helped scores of shall be made available to carry out Part A of education reform. Since the first charter schools open. What do we do? of Title X of the Elementary and Secondary charter school opened in Minnesota in We defray the costs many groups face Education Act of 1965.’’ On page 59, line 14, after ‘‘said Act’’ insert 1991, 29 States and the District of Co- in trying to start a school from ‘‘, $100,000,000 shall be available to carry out lumbia have enacted charter programs. scratch. That is what the Federal part C of Title X of the Elementary and Sec- And as children head back to school money goes to. Most States provide ondary Education Act of 1965,’’. this month, it is expected that more charter schools, and this is the case in September 4, 1997 CONGRESSIONAL RECORD — SENATE S8787 Connecticut, with a per pupil allot- ter school program. So in essence, 4:30 p.m. today, and that no amend- ment once they are in operation. But rather than cutting these three broad- ments be in order to the D’Amato charter operators have to scramble to based accounts, our amendment would amendment. cover such startup expenses as plan- simply earmark a fixed portion for a The PRESIDING OFFICER. Without ning a curriculum, leasing a building, highly effective, well-targeted, and objection, it is so ordered. hiring a staff. broadly supported program. The Senator from Indiana is recog- A survey of charter school operators The three programs from which we nized. recently conducted by the Department are shifting funding are all worthwhile Mr. COATS. I understand that short- of Education highlighted this problem efforts. But we feel strongly by ear- ly the Senator from Alaska will make showing that it was by far the biggest marking a relatively small amount a proposal that is certainly acceptable obstacle to success that charter school from them for the charter school pro- to Senator LIEBERMAN and I, and I will operators face. It is that obstacle that gram, we will be getting the most bang be very brief in my comments. this amendment intends to diminish. for the books. I am pleased to join my colleague As the charter movement expands, We are convinced that the charter from Connecticut in coauthoring and the demand for this aid will only con- movement, as charter expert Bruno cosponsoring this amendment to in- tinue to grow with it. With the number Manno of the Hudson Institute has crease funding for charter schools. of charter schools mushrooming each said, is arguably the most vibrant force Clearly, we are in a situation where I year, our ability to help them meet in public education today. It has man- think there is a growing recognition their startup costs will quickly dimin- aged to bring together parents, edu- that the status quo in our public ish, unless we increase the amount ap- cators, and political leaders from both schools is unacceptable, particularly propriated, as this amendment would parties in support of an effort to inject our public schools located in low-in- do. more choice, accountability, and com- come and urban areas. That status quo President Clinton recognized this petition into our public schools, an ef- has existed for quite some time. when he issued a challenge in the State fort that focuses first and foremost on It has been nearly 13 years since the of the Union to double the funding for performance, not process—performance President’s commission reported about the Federal charter program. That is in educating our children. mediocrity in public education. We what we do, Senator COATS and I, in I hope we can come together our- have seen numerous attempts both this amendment. selves in a bipartisan fashion, as we did through public policy and through By doubling funding for this pro- in launching the Federal charter pro- local initiatives to try to address the gram, we would help scores of new gram, to demonstrate our commitment mediocrity and improve educational charter schools make the transition to these goals by passing this amend- opportunities for our young people. We from the drawing board to the black- ment. I thank the managers of the bill have met considerable resistance from board, and provide thousands of addi- for the opportunity to speak on this the Federal Government, from the De- tional students with an opportunity to important issue, and would ask them partment of Education, because they attend one of these innovative, per- for their support. do not want to upset the status quo. formance-based programs. Moreover, Mr. President, let me discuss the Yet parents are voting with their feet we would also send a strong message to funding offsets for the Lieberman- and with considerable sacrifice and de- charter advocates and to families in Coats charter school amendment. manding at local and State levels that general that the Federal Government The Lieberman-Coats amendment change be made. They are demanding is committed to supporting the good would increase funding for the Federal alternatives. work that is happening at the State charter school grant program by $49 Senator LIEBERMAN and I have ex- and local level and that we are serious million. Here is a breakdown of how plored a possibility of vouchers for low about fundamentally improving public this amendment is paid for: $25 million income, providing parents who do not education. would come from the title VI block have a choice, a choice that most of To make sure we spend this new grant program that supports State and the rest of us have, that if their failing money wisely, Senator COATS and I local driven innovation efforts. This public school is not educating their also intend to introduce legislation would leave funding for this account at young people they would have some this fall aimed at strengthening the $285 million; $14 million would come means and wherewithal to utilize a Federal charter program. From our ex- from the Goals 2000 program. This voucher to achieve a better education. perience to date, we have learned some would leave funding for this account at This is not that amendment. This is valuable lessons about how we can im- $515.9 million, which would still an amendment that addresses another prove this program to speed the devel- amount to a $25 million increase over alternative, a viable alternative called opment of charter schools in partici- the fiscal year 1997 level; and $10 mil- charter schools that Senator pating States and to also encourage lion would come from the Fund for the LIEBERMAN has said is being more and nonparticipating States to join this Improvement of Education, a pool of more accepted throughout America. movement. The legislation we’re pre- discretionary funds administered by Even the Department of Education, in paring would use the new Federal fund- the Secretary of Education. This would releasing its first formal report on the ing to reward those States that are leave funding for this account at $40 study of charter schools, has some find- most actively moving to create char- million, the same amount appropriated ings indicating that charter schools ters. It would also tighten a few unin- for fiscal year 1997. have racial compositions similar to tended loopholes in the current law All of these programs are broad-based statewide averages, and in many cases that have allowed schools that are not efforts aimed at promoting education have a higher proportion of minority true charters to receive Federal aid reform and innovation and lifting students. So the charge that they are that was not intended for them. standards. The charter school program just for a certain race or just for the We can begin strengthening this pro- is dedicated to these same goals. So elite is not a well-founded charge. gram immediately by increasing our rather than cutting the three programs Sixty percent of public charter investment in charter schools. And listed above, the Lieberman-Coats schools are new startups rather than that is the purpose of our amendment amendment simply earmarks a fixed conversions of public and private today. To pay for this new investment, portion of these accounts for arguably schools to charter status. They enroll we are proposing shifting a relatively the most promising education reform roughly the same percent of low-in- small amount of funds from three and innovation initiative in the coun- come students on the average of other broad-based Federal programs—the try. public schools. So a lot of red herrings title VI block grant account, Goals I notice the presence on the floor of about charter schools undermining the 2000, and the Fund for the Improve- my cosponsor and Senator STEVENS as effectiveness of public schools is not ment of Education. All three of these well. I yield the floor. proven. programs are aimed at promoting edu- Mr. STEVENS. Mr. President, I ask The Hudson Institute, located in In- cational reform and innovation, which unanimous consent the vote occur on dianapolis, has undertaken a very sig- is the same exact mission of the char- the pending D’Amato amendment at nificant and comprehensive study of S8788 CONGRESSIONAL RECORD — SENATE September 4, 1997 charter schools called Charter Schools Mr. LIEBERMAN. Mr. President, I dent, or Trustee of the International Broth- in Action. Their research has involved thank the Senator from Alaska very erhood of Teamsters. visiting 14 States, 60 schools, and visit- much for his statement. The willing- (b) EXCEPTION.— (1) IN GENERAL.—Upon the submission to ing thousands of teachers and students. ness of the Senate conferees to yield to Congress of a certification by the President The key findings are that three-fifths the House on this would accomplish an of the United States that the International of charter school students rate their enormous step forward in Federal sup- Brotherhood of Teamsters does not have charter school teachers as better. Over port of the charter school movement. funds sufficient to conduct a rerun of a 1996 two-thirds of parents say the charter There is no need to take any more time election for the office of President, General school is better than the child’s pre- of the Senate. Obviously, the word of Secretary, Vice-President, or Trustee of the vious school with respect to class size the Senator from Alaska is bankable. I International Brotherhood of Teamsters, the and school size. Over 90 percent of the President of the United States may transfer thank him for that. funds from the Department of Justice and teachers are satisfied with their char- I thank my colleague from Indiana the Department of Labor for the conduct and ter school educational philosophy, and I appreciate very much another ex- oversight of such a rerun election. their size, colleagues and students. And pression of bipartisan support for this (2) REQUIREMENT.—Prior to the transfer of among students who said they were educational reform movement that is funds under paragraph (1), the International failing at their previous school, more sweeping America. With our help, it Brotherhood of Teamsters shall agree to than half are now doing excellent or will help it even more with this addi- repay the Secretary of the Treasury for the costs incurred by the Department of Labor good work. tional amount of money. The gains were dramatic, most dra- and the Department of Justice in connection I yield the floor. with the conduct of an election described in matic for minority and low-income The PRESIDING OFFICER. The Sen- paragraph (1). Such agreement shall provide youngsters, and were confirmed by ator from Oklahoma. that any such repayment plan be reasonable their parents. Mr. NICKLES. Mr. President, I wish and practicable, as determined by the Attor- In summary, the Hudson Institute to compliment and congratulate the ney General and the Secretary of Treasury, study found charter schools point to Senators from Connecticut, Indiana, and be structured in a manner that permits important ways to improve and re- and Alaska for not only their support the International Brotherhood of Teamsters to continue to operate. invent public education as a whole. The for charter schools but also for the ad- implications from the success of char- (3) REPAYMENT PLAN.—The International ditional funding, because this is a suc- ter schools indicate that successful Brotherhood of Teamsters shall submit to cess story. There are successes in com- the President of the United States, the Ma- public schools should be consumer-ori- munities all across the country. The jority and Minority Leaders of the Senate, ented, diverse results oriented and pro- number of charter schools has ex- the Majority and Minority Leaders of the fessional places that also function as ploded. I think there are over 700 now, House of Representatives, and the Speaker of media institutions in their area. and growing. the House of Representatives, a plan for the Because of the tremendous success of repayment of amounts described in para- charter schools in the past 6 years, I A lot of States are looking to see how graph (2), at an interest rate equal to the can we improve our schools, how can joined Senator LIEBERMAN in an at- Federal underpayment rate established tempt to double the funding. As Sen- we make education better. Charter under section 6621(a)(2) of the Internal Reve- ator LIEBERMAN pointed out, they offer schools have been a proven success. nue Code of 1986 as in effect for the calender great accountability, broader flexibil- I compliment my colleagues for bi- quarter in which the plan is submitted, prior partisan work in making a real addi- to the expenditure of any funds under this ity for classroom innovation, and ulti- section. mately more choice in public edu- tion to a proven success story and im- Mr. NICKLES. Mr. President, the cation. proving education. amendment I send to the desk on be- Senator LIEBERMAN and I have ad- AMENDMENT NO. 1080 WITHDRAWN dressed what we think are some offsets Mr. LIEBERMAN. Mr. President, I half of myself and Senator JEFFORDS is to provide for this doubling of funding ask unanimous consent to withdraw an amendment that deals with the po- to encourage charter schools. There the amendment. tential rerun of the 1996 Teamsters has been some concern about where The PRESIDING OFFICER. The election. I think most of my colleagues that funding comes from. I think there amendment is withdrawn. are aware the Teamsters election, are some creative, innovative, and use- The amendment (No. 1080) was with- which was held in 1996, has now been ful offsets, but it would engender con- drawn. held invalid, at least by the adminis- trator overseeing the election who de- siderable debate and discussion and AMENDMENT NO. 1081 might undermine this effort. Senator termined that there was fraud, that (Purpose: To limit the use of taxpayer funds there was corruption, and that there STEVENS has found, I think, a very ac- for any future International Brotherhood ceptable way to address this, and I ap- of Teamsters leadership election) needed to be another election. She has now made that petition before the U.S. preciate his involvement and his ef- Mr. NICKLES. Mr. President, I send district court. The court will rule on forts and his support for this. an amendment to the desk and ask for that. My guess is she will probably With that, I thank my colleague, its immediate consideration. order another election. Senator LIEBERMAN from Connecticut, The PRESIDING OFFICER. The for his initiatives, and I am pleased to The purpose of this is to ensure that pending amendments are set aside. taxpayers won’t pay for the next elec- join him in this. The clerk will report. I yield the floor. tion. To give my colleagues a little his- The bill clerk read as follows: Mr. STEVENS. Mr. President, this tory of how the U.S. taxpayers paid for pending Lieberman-Coats amendment The Senator from Oklahoma [Mr. NICK- the last one, I have heard estimates of is a good one. We see no reason to take LES], for himself, and Mr. JEFFORDS, proposes around $22 million. I also heard more an amendment numbered 1081. further time on it because the House than $22 million, maybe higher or clos- bill does have the $75 million for char- Mr. NICKLES. I ask unanimous con- er to $28 or $29 million, but the tax- ter schools. The effect of this amend- sent reading of the amendment be dis- payers paid millions of dollars, $20 mil- ment would be to increase it to that pensed with. lion-some for the 1996 Teamsters elec- amount. The PRESIDING OFFICER. Without tion. It is the intention of the chairman of objection, it is so ordered. Now it seems that the Federal over- the subcommittee, Senator SPECTER, to The amendment is as follows: seer of that election says it was not notify the House that in conference we On page 25, between lines 9 and 10, insert fair, it was not right, there was corrup- will recede to the House on this item. the following: tion, it needs to be held over again. I appreciate the indulgence of the SEC. . (a) IN GENERAL.—Except as pro- The purpose of this amendment is to two Senators, Senator LIEBERMAN and vided in subsection (b), none of the funds say that taxpayers will not pay for it made available under this Act, or any other COATS, and ask under the cir- again. I might mention, somebody said Act making appropriations for fiscal year cumstances that they accept our word 1998, may be used by the Department of why would taxpayers pay for it in the that will be the amount of money pro- Labor or the Department of Justice to con- first place? Mr. President, 99 percent of vided for charter schools under this bill duct a rerun of a 1996 election for the office all union elections that are held in this when it comes out of conference. of President, General Secretary, Vice-Presi- country, the U.S. taxpayer does not September 4, 1997 CONGRESSIONAL RECORD — SENATE S8789 pay for. There was a 1989 decree with The PRESIDING OFFICER. Without mination of over 30 years of effort to the Teamsters and the Justice Depart- objection, it is so ordered. eliminate organized crime from the ment entered into in 1989 that called Mr. KENNEDY. Mr. President, just leadership of the Teamsters Union. for the elections both in 1991 and 1996. for the benefit of the membership, to Congress has been heavily involved in The 1991 election, I might mention, had describe where we are, the amendment that process. From the McClellan com- oversight by the Federal Government that I have offered would include the mittee hearings in 1957 to the Senate but was not paid for by the Federal Nickles amendment, but it would also permanent subcommittee investigation Government. Actually, the Teamsters add to the Nickles amendment: ‘‘Noth- hearings in 1994, we have worked to re- paid for the 1991 election. ing in this section shall be construed to duce the influence of organized crime With Federal Government oversight, affect the obligations of the United in the union and in the industry where no allegations of improprieties or cor- States under the consent decree’’ en- its members work. ruption were made. It was a good elec- tered into in United States v. Team- In 1988, the Justice Department, tion. The 1996 election, however, pro- sters, decided in 1989.’’ under President Bush, sued the Team- vided for in the decree, provided that So, effectively, the Nickles amend- sters under the Federal racketeering the taxpayers would pay for the 1996 ment would be perfected with the Ken- laws. The charge was that the union election. Now the overseer of that elec- nedy amendment. All we are saying was dominated by organized crime. tion said, wait a minute, there was with the Kennedy amendment would be That was settled in 1989. The court-ap- fraud, we will have to have another that nothing in the Nickles amend- proved consent order was designed to election. ment would eliminate the obligations rid the union of officers with ties to or- The purpose of this amendment is, of the United States that was a part of ganized crime and to create a new, let’s not pay for it, let the Teamsters a consent decree that was signed in open and democratic structure in the pay for it. Somebody said, well, maybe 1989 because we are not operating in a union. The consent order provided that they do not have the money, it could vacuum here today with regard to the the 1991 election for Teamster offices cost several million. I heard it could Teamsters elections. We are basically would be supervised by a court-ap- cost $10 million, it might cost $20 mil- operating on the basis of a consent de- pointed election officer. The consent lion. Who knows? I think they will be cree that was signed by the previous order also required the 1996 election to more frugal if they are paying for it. administration, signed by the Bush ad- be supervised by the election officer. Certainly, they are capable of paying ministration, and supported by the Let me quote the union-defendant’s for it. In the event they do not have Bush administration. consent to the election officer, at Gov- ernment expense, to supervise the 1996 the money, our amendment allows for All that we are saying is that what- elections on page 16 of the consent the taxpayers to pay for it, but we have ever decision that is going to be made, order: to be paid back. or whatever language would be in- Again, I think taxpayers did not get cluded in the Nickles amendment, it In accord with that decree, the election of- ficer supervised the ’96 election, at Govern- their money’s worth out of the 1996 will not be contrary to what was agreed to by the United States, agreed ment expense. Late last month, the officer election. If you paid $20 million-some ruled that the ’96 election must be rerun be- and you find there was rampant cor- to by the U.S. Government and the pre- cause of irregularities committed by con- ruption, fraud, and abuse to the extent vious administration and adhered to by sultants to one of the candidates. The elec- we have to have another election—we the courts. We don’t know what the fu- tion officer specifically refused to find that should not let that happen again. ture is going to bring with regard to any union officer or member committed any So, that is the purpose of my amend- any potential future election or what misconduct and noted that Teamster Presi- dent Ron Carey cooperated with the election ment. I think it is a fair amendment. It the allocation of responsibility would be in terms of who would be responsible officer in a manner inconsistent with guilt. is in accord with the 1989 decree or- Under the consent order, the Federal court dered in the past. I urge my colleagues to pay for various aspects of the elec- must formally order any rerun election that to support this amendment. tion. We don’t prejudge that. All we are is held. The court’s decision will be issued I ask for the yeas and nays. saying is that nothing in the Nickles later this month. The PRESIDING OFFICER. Is there a amendment will, in any way, under- It is the consent order that obligated sufficient second? There is a sufficient mine the responsibilities of the United the Government to pay for the 1996 second. States, which I believe is a solemn election. Under the consent order, any The yeas and nays were ordered. agreement and a solemn commitment, rerun of that election ordered by the The PRESIDING OFFICER. The Sen- and that has been accepted in the election officer should be Government- ator from Massachusetts is recognized. courts of law by the United States. funded. Yet, this amendment asks the Now, Mr. President, this amendment, AMENDMENT NO. 1082 TO AMENDMENT NO. 1081 Government to walk away from that I believe, is basically a transparent at- Mr. KENNEDY. Mr. President, I send clear obligation. If passed, the amend- tempt to punish the Teamsters Union an amendment to the desk. ment would order the Government to for winning the UPS strike, and it The PRESIDING OFFICER. The subject itself to a contempt proceed- doesn’t deserve really to pass. This clerk will report. ing. These financial obligations were The assistant legislative clerk read issue is no light matter. The amend- entered into by a Republican-con- as follows: ment would require the Federal Gov- trolled Justice Department and a Re- ernment to abdicate its responsibility publican administration. They were The Senator from Massachusetts [Mr. KEN- under the court-approved consent or- NEDY] proposes an amendment numbered 1082 part of a comprehensive and successful to amendment No. 1081. dered and signed by the Justice Depart- effort to root out organized crime from The amendment is as follows: ment under the Bush administration. If the Teamsters Union and restore demo- the Federal Government abdicates this At the end thereof, insert the following: cratic process to that union. (c) Nothing in this section shall be con- responsibility, it could be subject to It is an outrage to ask Congress to strued to affect the obligations of the United contempt proceedings in the Federal abdicate our responsibility to help in States under the consent decree in United court. eliminating corruption in this union. States v. International Brotherhood of Team- The amendment would deny Federal The heart of this amendment is an at- sters, 88 Civ. 4486 (DNE) (S.D.N.Y.), or any funds to oversee the forthcoming tempt to punish the Teamsters for court orders thereunder. Teamsters election, which had been or- their extraordinary success in the re- Mr. KENNEDY. I suggest the absence dered after the 1996 election was nul- cent UPS strike, in which the Team- of a quorum. lified by the Government-appointed sters won 10,000 more permanent jobs The PRESIDING OFFICER. The election officer. That election was paid for their members, improved benefits clerk will call the roll. for by Federal dollars. The Federal for all 185,000 UPS employees, and sen- The assistant legislative clerk pro- Government agreed to fund that elec- sitized the entire Nation to the gross ceeded to call the roll. tion under a 1989 consent order in the abuses in many workplaces that force Mr. KENNEDY. Mr. President, I ask Federal court of New York City that hard-working men and women into unanimous consent that the order for resolved a racketeering suit brought by part-time jobs with lower wages and the quorum call be rescinded. the Government. The suit was a cul- lower benefits than they deserve. S8790 CONGRESSIONAL RECORD — SENATE September 4, 1997 Some of our Republican friends may Mr. WARNER. Mr. President, I ask true in any trial. I used to be an assist- believe the Teamsters should be pun- unanimous consent that the order for ant U.S. attorney for 4 or 5 years, and ished for these gains. I believe that the quorum call be rescinded. I have tried many cases. But I can they deserve praise instead of punish- The PRESIDING OFFICER. Without judge witnesses fairly well based on ment. I urge my colleagues to give our objection, it is so ordered. that experience. I say on the whole the amendment the kind of support that it f witnesses were forthcoming in their deserves. oral testimony. THE ELECTION IN LOUISIANA Mr. NICKLES. Will the Senator yield Likewise, we issued subpoenas duces for a question? Mr. WARNER. Mr. President, I was tecum for records. We have in the pos- Mr. KENNEDY. I am glad to. distressed yesterday to hear comments session of the Senate now some four to Mr. NICKLES. In looking at your on the floor relative to the duty of the six cartons of records as a consequence amendment, you said that nothing in U.S. Senate under the U.S. Constitu- of those subpoenas issued in August. this section should be construed to af- tion to determine—and we have the Most of those records relate to the fect the obligations under the consent sole authority under the Constitution gambling industry, which, according to decree. I might agree to that part. But to determine—the issues as relating to official records, put anywhere from $10 then you also add, ‘‘or any court orders the presence or absence of that degree to $15 million into the elections taking thereunder.’’ What do you mean by of fraud or other conditions that would place on December 5 or 6 of 1996 be- that last few words? affect the outcome of the election in cause there was a referendum that af- Mr. KENNEDY. I would expect that Louisiana. The subject has been dis- fected the gambling industry. They had what we would include in that is any cussed many times on the floor. a right to participate and contribute court orders that would be related As chairman of the Rules Committee, money to foster their interests in cer- under the consent decree or that would I have overall responsibility for the di- tain votes as related to the referen- be related to the consent. Is there rection and the daily conduct of this dum. something in particular—I would be investigation. I will later today either But anyway, that is a voluminous glad to attempt to define that, if the address the Senate or put in the amount of record material that must Senator has some particular concerns RECORD a detailed accounting of every- be gone over carefully by Senate staff in some particular way. But it seems to thing that I, the staff of the commit- and such other adjunct support as we me to be fairly clear. Any of the orders tee, and others have done since the last can get from the GAO. Much to my dis- that would be a part of that consent time I reported to the Senate with re- appointment, and despite the efforts of decree. Now that we are retained and gard to this very important case. But I the distinguished majority leader, my- we are within the consent decree, there wish to assure my colleagues that self, and others, the FBI pulled out would be any of the court orders with while I regret that the Democrats de- when the Democrats left. That left us regard to the various elections. And I cided to walk out on the investigation short-handed in the nature of support. would expect that as we did before, we that the Republican majority of the But we are doing our best. And despite would want to comply with the consent committee, and specifically myself, we the efforts of majority leader, myself, decree in those areas. have continued to fulfill what I and and others, the FBI still has not come Mr. NICKLES. I am just trying to others regard as the bottom-line re- in to give any further help. help a little bit. If the Senator will sponsibility of the U.S. Senate, and All of this is to say the buck stops drop those last few words, I might that is to go and look at every reason- with me as the chairman. And I can, in agree to his amendment, because I able source of potential evidence as it clearest of conscience, report to my think our amendment is consistent relates to fraud in this election. This colleagues that I feel that the Rules with the consent decree. But I may be has taken a great deal of time. I recog- Committee, its staff, and the Repub- overly interpreting. I don’t know ex- nize that it has stressed the patience of lican Senators participating are fulfill- actly what the sentiment is for ‘‘or any many. ing the exact requirement placed upon court orders thereunder.’’ But it might But if you look historically, as I have us by the U.S. Constitution. be hoped by the Teamsters, or some- done, at comparable situations when I urge that the Members of this body thing, they could go to court and find the U.S. Senate has been faced with the continue to allow that work to be done some court that would say, yes, the election problems, this case thus far is in an orderly fashion as best we can, Federal Government should pay for a relatively short in duration. Many given the extraordinary handicaps we rerun election. That is not covered. have gone for as much as 18 months to have, both financial, time and I might tell my colleague that I have over 2 years. staffwise, to do our work, to go over done a little homework on this. The It is my hope and my expectation the records we have. rerun is not covered by the consent de- that we can conclude this work in a I announced in Louisiana it would be cree. There certainly is no obligation reasonable period of time. Under the my judgment, subject to concurrence for taxpayers to pay for reruns, which leadership of our distinguished major- of other members of the committee, to is not consistent with the statement of ity leader and, indeed, some on the have at least one more hearing, this the Senator from Massachusetts. That, other side of the aisle, we were very time here in the Rules Committee I think, is factual. near to an agreement whereby both room, at which time the gambling in- So my point is, if the Senator would sides concurred that this matter could dustry would be subpoenaed to come delete those last few words ‘‘or any be concluded before late September— and explain in detail the voluminous court orders thereunder,’’ I think I this month. That fell by the wayside, amount of records we now have before could accept his amendment. and I was then given the authority at us. We need to ascertain whether or Mr. KENNEDY. If there was any long last, although I had asked a num- not this sum of money, ranging from court order affecting the 1996 elections ber of times—it had been denied by the $10 million to $15 million, was expended of Teamsters officers—I would like to Democrats—the authority to issue sub- in a proper way in accordance with try a short quorum call to make sure poenas. I received that authority from Federal and State law, or in fact did that would be language, which I think the committee. Subpoenas were some of it slip into areas which could appears to be to the Senator’s point, promptly issued. And I went to Louisi- have generated fraud and, indeed, af- and I think it would meet the objec- ana on two occasions and each time fected the outcome of this election tives. But maybe we could suggest a conducted 2 full days of hearings. I re- through fraud. short quorum call to make sure that peat, 2 full days; 4 full days thus far of So, Mr. President, I see the majority we have the language that conforms to hearings in Louisiana. leader now at this time and I, due to both of our understanding. In response to those subpoenas, indi- time constraints, have to stop my re- I suggest the absence of a quorum. viduals without exception came in, marks, but I will put in the RECORD The PRESIDING OFFICER. The some voluntarily. Those individuals re- today, either orally or insert a more clerk will call the roll. sponded in large measure to the best of complete dissertation, exactly what we The assistant legislative clerk pro- their knowledge to each and every have done. ceeded to call the roll. question. Some equivocated. That is Mr. LOTT addressed the Chair. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8791 The PRESIDING OFFICER. The ma- the D’Amato amendment to the Labor, approach for committee meetings for jority leader is recognized. HHS appropriations bill, and I now ask however long it takes until it is re- f unanimous consent the Senate stand in solved. We simply cannot tolerate the recess until 4:30 p.m. today. unnecessary and political effort to pro- ORDER OF PROCEDURE Mr. DASCHLE. Mr. President, reserv- long this investigation further, and we Mr. LOTT. For the information of all ing the right to object. have no other recourse but to take the Senators, our Democratic colleagues The PRESIDING OFFICER. The action we have, and so for that reason are objecting today to permission for Democratic leader is recognized. I object. two committees to meet during the Mr. DASCHLE. Mr. President, it is The PRESIDING OFFICER. Objec- pendency of this session. The Agri- with great reluctance that we come to tion is heard. culture Committee began meeting at 9 this point, but I think it is important Mr. LOTT. Mr. President, I want to a.m. this morning to discuss rural and for us to remember from where it is we make sure that the—first of all, I do agriculture credit issues. Yet, as a re- have come and how it is we got here. I not think—— sult of that objection, or the objection will not elaborate in the detail at this Mr. DASCHLE. I do not intend to ob- we heard on that committee meeting, point except to say this: ject to the unanimous-consent request they had to abruptly end their meeting This was a bipartisan investigation propounded by the majority leader, and at 11:30 this morning. during the first phase. I recall to my I apologize for it. I object to this proc- The Environment and Public Works colleagues during that phase we asked ess. I do not want to have my objection Committee is scheduled to meet at 2 the same attorneys who were involved construed as an objection to the UC p.m. today, and I want to take some in the last contested election—that is, propounded by the majority leader. action here momentarily that will Senator FEINSTEIN and her opponent, Mr. LOTT. Mr. President, I regret allow them to, in fact, begin their Mr. Huffington—to examine the cir- that we have to take this action in hearing to discuss the Superfund cumstances of this particular race. order to get our business done on a Cleanup Act. Permission for them to They did. They recommended a certain very important environmental issue. meet was also objected to by the Demo- course of action, and the majority on This sort of selective hit certainly, I crats. It is my understanding that the Rules Committee chose to ignore think, would not be in the best inter- prominent witnesses have flown in it. ests of the legislative process of the from all over the country to appear be- They then set in motion a second Senate. We want to get Superfund leg- fore the Environment and Public phase for investigation. That investiga- islation considered by the committee Works Committee to discuss this vital tion also was bipartisan. That inves- to the floor. We want to hear from wit- environmental issue, what can we do to tigation took the course of a couple of nesses such as the Governor of Ne- reform Superfund so the lawyers don’t months and came back again on a bi- braska and citizens who are affected by clean up but we clean up hazardous partisan basis with recommendations this. It seems to me the normal way of waste sites across America in most that again were ignored by the major- doing business around here is that is every State in this Nation. ity. allowed to happen. Included in the group that was to It was with increasing frustration Mr. President, the saber rattling has come to testify is the Governor of Ne- that Democrats warned our Republican begun. After bipartisan cooperation by braska. He is scheduled to be intro- colleagues that we could not tolerate Senate Democrats and Republicans duced momentarily by one of the Sen- this endless abrogation of the regular over the past several months, it seems ators from Nebraska. That testimony order, this bipartisan effort to come to as though the Democrats have now re- would certainly be key with respect to some conclusion on this investigation. turned to the preening and posturing of the Superfund Act in that State. With some reluctance, we continued The objection lodged by the Demo- politicians more interested in blocking to work and ultimately indicated that crats would deny that meeting from and obstructing the other side than taking place unless the Senate were to beyond the end of July we were simply concern for the interests of the Amer- recess. I regret that the Senate must not in a position to tolerate unneces- ican people. recess in the middle of the day while sary elongation and the increasingly Senate Democrats have effectively discussing a very, very important piece partisan nature of this investigation withdrawn from the bipartisan spirit of of legislation, the Labor and Health and put our colleagues on notice that negotiation and compromise that has and Human Services appropriations it must end. We indicated that if it had been evidenced regarding the budget bill. We were, I thought, committed to not ended by the time we came back and tax bills recently enacted by the working together in completing the ap- after the August recess, we would have Congress. Mr. President, the minority propriations process, especially a bill no recourse but to add increasing pres- is, in effect, threatening to shut down like this. While there are still some sure to the process to bring about some the effective operation of the Senate. amendments pending that are of great end. Now, they can call it selective coopera- interest and perhaps even controver- Now, this may or may not bring tion or some other slick phrase that sial, we have made progress, and I about an end. I am disappointed and seeks to skirt the truth of the matter, think we could finish it up tonight somewhat alarmed that the chairman but the American people are too smart with a little effort. of the Rules Committee has now an- for these word games, or, in Washing- Unfortunately, this objection will nounced further hearings and further ton speak, for deceptive political spin. only delay the consideration and pas- efforts to prolong this—in my view, Let me state, positively, that we are sage of the Labor, HHS appropriations completely unnecessarily. It would be more than willing to continue the spir- bill. Our colleagues from the other side one thing if evidence had been pro- it of bipartisanship to achieve signifi- of the aisle have stated that ‘‘there is duced to suggest in some way some cant accomplishments on subjects of no intention to interrupt the business wrongdoing on the part of Senator importance to the American people. of the Senate, which is to pass these LANDRIEU, but that has yet to be pro- For example, we are more than willing appropriations bills. There is no one duced. In fact, just the opposite. If any to work through the Appropriations out there objecting to the work on wrongdoing, anything related to bills, through ISTEA, and through de- those appropriations bills.’’ Yet, the wrongdoing has been found, it has been bate on the many other matters pend- Democratic objection to the Environ- with regard to her opponent, Mr. Jen- ing before the Senate. But it is going ment Committee meeting today on kins. That is where the wrongdoing be- to take cooperation and good faith on Superfund in fact does interrupt the comes increasingly evident as we look both sides, including the Members of business of the Senate. I truly regret closer and closer at this case. the minority. the action taken by our colleagues here So, Mr. President, I must say we will That good faith and cooperation is today and hope this will not become a continue to insist that committees now missing on the part of the minor- practice by Members on the minority meet for no longer than 2 hours as long ity. The subject of the investigation side of the aisle. as this situation continues. If it takes into the election in Louisiana involves Having said all of that, by consent a a month, I will put my colleagues on a duty of the Senate—of every Member vote is scheduled at 4:30 p.m. today on notice that we will use this selective of the Senate—to fully, thoroughly, S8792 CONGRESSIONAL RECORD — SENATE September 4, 1997 and completely investigate the conduct Mr. WARNER. I will be brief. I thank DEPARTMENTS OF LABOR, of such elections where the integrity the majority leader. I thank both lead- HEALTH AND HUMAN SERVICES, and result of the election is legiti- ers. AND EDUCATION, AND RELATED mately called into question. The mi- AGENCIES APPROPRIATIONS The PRESIDING OFFICER (Mr. nority is refusing to allow—in fact, is ACT, 1998 SANTORUM). The Senator from Virginia. actively obstructing—the Senate from The Senate continued with the con- conducting a thorough and complete Mr. WARNER. I want to assure the sideration of the bill. Senate that I said in Louisiana, as I investigation of the election in Louisi- AMENDMENT NO. 1079, AS MODIFIED ana. concluded the second hearing—and we The PRESIDING OFFICER. The Sen- If the minority wishes to prevent the had a total of 4 days of hearings—it ator from Pennsylvania. Senate from living up to its duty re- would be my intention to come back Mr. SPECTER. Mr. President, I ask garding this election contest, and wish- and recommend to the Rules Commit- unanimous consent that Senators STE- es to prevent the Senate from consider- tee and the leadership of the Senate VENS and GRAMS be added as cosponsors ing these important matters that I that I have another hearing, at which to amendment No. 1079 to S. 1061. have noted and to shut down the Sen- time we will assess in specific the volu- The PRESIDING OFFICER. Without ate, then the minority must assume minous amount of record material now objection, it is so ordered. the responsibility for the consequences. in our possession from the gambling in- Mr. SPECTER. Mr. President, I ask Mr. President, good faith and coopera- dustry and that within a period of per- unanimous consent I be permitted to tion is a two-way street. We believe haps a week after that I would schedule speak for up to 3 minutes on the pend- that it is important to conduct and a second meeting, at which time I ing D’Amato amendment. The PRESIDING OFFICER. Without complete this election investigation in would give to the full Committee on objection, it is so ordered. a thorough and complete manner. We Rules all of the evidence, my own as- are bound and determined that the in- Mr. SPECTER. Mr. President, I sup- sessment, and then entertain such res- vestigation will be completed despite port the amendment by Senator olutions as I or other members may obstructionist tactics. I urge the mi- D’AMATO to add funding for the support wish to submit. nority to recognize the importance of services for seniors to the additional this subject and the essential place That I think can be done within a 3- funding. They perform a very vital that good faith plays in this legislative week period of time, as I roughly out- service as places for seniors to gather process. I urge the minority to assist lined this morning to my distinguished and to have their meals and to carry us in completing this important inves- leader. But I decided on that schedule out the purposes of the legislation to tigation and to work together with us 10 days ago. improve the quality of life in the gold- en years; and especially in the context in good faith to address the many other Now, I say to you that thus far there subjects which are important to the where senior benefits have come under has been no evidence which, in the American people. such attack, so much concern that I judgment of this Senator, has im- I will sum it up this way. This is not heard, for example, in my travels pugned Senator LANDRIEU, but that is the way to get the investigation by the through Pennsylvania, where there is not the underlying issue. It is whether Rules Committee concluded. In fact, it concern about the solidity of Social Se- or not there were other factors in this will cause difficulty and will probably curity and what is happening with delay it. The goal is not—there is no election which could have affected the Medicare. I believe it is a wise course way we could just say, OK, it is over outcome as a consequence of criminal to make an allocation from adminis- right now. The intent of the chairman fraud. And I have said, much to the dis- trative costs across the board, to add is to have a hearing, to see what evi- couragement of many, that thus far, the funding in the D’Amato amend- dence they have found during the Au- after the first hearing in Louisiana, ment. gust recess, and I presume to have a there was no body of evidence which I We have funded, last year, some meeting at some point to decide what felt could meet that burden. $300,556,000. The administration made a request to cut that funding to action, if any or none, is to be taken. I cannot make the same statement We will conclude this. We have had to $291,375,000. Our Senate markup, agreed after the second hearing in Louisiana, to by Senator HARKIN and myself in proceed, frankly, without the coopera- because I haven’t had the opportunity tion of the Democrats. I have been in our committee and in the full commit- to assess four boxes of information. tee, was $305,556,000. So, instead of Congress 25 years. I have never, never, But we are proceeding, although handi- ever before seen one party or the other, dropping the amount by more than $9 capped, as expeditiously as we can. I million as the administration had re- either party, walk out on a commit- have always been absolutely objective tee’s investigation or activities, even quested, we put an additional $5 mil- and fair about my pronouncements in though there have been many, many lion in. On reflection, hearing the argu- this case and my assessment of the evi- investigations, several in which I was ments of the Senator from New York, dence. But until such time as we have involved. Senator D’AMATO, I think that the ad- looked in every area where potentially dition of this $40 million is well placed, When I can look my colleagues in the that quantum of fraud which could so I lend my voice in support of the Senate and the American people in the have affected the outcome of the elec- pending amendment. eye and say we have looked at this and tion might have occurred, I cannot say Mr. President, I note the presence of we have found out as best we could— the Senator from New York on the with the lack of help from the FBI, for this investigation would be complete. I do believe the work that needs to be floor. I see him reaching for the micro- instance, in most instances—we have phone. concluded what happened or did not done under my leadership can be con- cluded in the third week of September. The PRESIDING OFFICER. The Sen- happen, and we in good conscience can ator from New York. say that, when I can do that, then we f Mr. D’AMATO. Mr. President, let me will conclude it. I can’t do that right thank the chairman of this committee, now. Senator SPECTER. As I indicated before, But rather than engaging in extended RECESS this is a most difficult, difficult task, debate at this time, there will obvi- Mr. LOTT. Mr. President, I renew my the management of scarce resources for ously be other opportunities to do that Labor, Health, and Human Services, request that the Senate recess until and—— with the demands from the various the hour of 4:30. Mr. WARNER. Mr. President, could I communities for additional funding for have, say, a minute and a half? There being no objection, the Senate, medical research, the scarceness of re- Mr. LOTT. Mr. President, I will yield at 2:12 p.m., recessed until 4:30 p.m.; sources, and the difficult time in the the floor at this point, but I do hope we whereupon, the Senate reassembled allocations. His support is greatly wel- can be brief so we can get the commit- when called to order by the Presiding comed in this area. I am deeply appre- tee started. Officer [Mr. HAGEL]. ciative. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8793 Mr. GREGG. Mr. President, as Chair- in funding to the services provided by implementation, and administration of man of the Aging Subcommittee, I the Older American’s Act. voluntary national testing for individ- have spent a great deal of time con- Mr. SPECTER. Mr. President, I think ual students in mathematics and read- centrating on how to improve the ways we are ready to proceed now to the ing is important for several reasons. the nutrition programs and senior serv- vote. Requiring a Federal statute would im- ices that are part of the Older Ameri- The PRESIDING OFFICER. The pede cooperative efforts to ensure that cans Act. I appreciate the work of the question is on agreeing to the amend- children in every State have the nec- Senator from New York on this related ment of the Senator from New York, essary knowledge and skills to be com- funding issue. amendment No. 1079, as modified. petitive in today’s highly mobile and In March 1995, I was pleased to have The yeas and nays have been ordered. globally conscious society. New Hampshire meals provider Debbie The clerk will call the roll. Put simply, we need voluntary test- Perou-Hermans come to Washington to The legislative clerk called the roll. ing because we cannot ascertain where testify before the Aging Subcommit- Mr. NICKLES. I announce that the we are going if we do not know where tee; she emphasized the role these pro- Senator from Alaska [Mr. MURKOWSKI] we are. grams play for our seniors in New is necessarily absent. Parents need to know how their Hampshire and across the Nation. I Mr. FORD. I announce that the Sen- child’s educational achievement level also know that what we accomplish ator from New Mexico [Mr. BINGAMAN] in reading and mathematics compares through the funds spent on other senior and the Senator from Ohio [Mr. GLENN] with that of other children nationwide. services—such as supporting con- are necessarily absent. Because families are relocating with gregate centers, transportation serv- The result was announced, yeas 97, increasing frequency these days, chil- ices, and health programs and counsel- nays 0, as follows: dren need to feel confident that they ing—is vital to the meeting the re- [Rollcall Vote No. 216 Leg.] can perform at a consistent level of quirements of this population. YEAS—97 achievement even though they may change school districts. These tests I think it is important to note, in ad- Abraham Feingold Lugar dition, that this program has several Akaka Feinstein Mack would empower parents by providing other important qualities: The Older Allard Ford McCain them with the same information that Ashcroft Frist McConnell Members of Congress receive from Na- Americans Act requires the States to Baucus Gorton Mikulski invest in these critical services; it has Bennett Graham Moseley-Braun tional Assessment of Educational a great track record for leveraging pri- Biden Gramm Moynihan Progress. Parents deserve to know this vate funds; and it generally makes its Bond Grams Murray information so that they can make the Boxer Grassley Nickles best decisions regarding their child’s services available to all seniors, many Breaux Gregg Reed of who are suffering from the chal- Brownback Hagel Reid well-being. Also, there is considerable lenges of social isolation, not just Bryan Harkin Robb public support for national testing. A Bumpers Hatch Roberts those in financial need. Need wears recent Phi Delta Kappa/Gallup poll Burns Helms Rockefeller showed that 67 percent of Americans many faces in America. Byrd Hollings Roth I believe that we should work hard to Campbell Hutchinson Santorum favored using standardized national ensure that the benefits are maximized Chafee Hutchison Sarbanes tests to measure the academic achieve- Cleland Inhofe Sessions through more flexibility in the funding ment of students. Coats Inouye Shelby Furthermore, there is a demand for of needed services, to be certain that Cochran Jeffords Smith (NH) the tests among teachers, principals, the decisions about how and where Collins Johnson Smith (OR) Conrad Kempthorne Snowe State school officials, and school these dollars are being spent are made Coverdell Kennedy Specter boards. States and school districts with at the State and local level. That will Craig Kerrey Stevens over 20 percent of fourth- and eighth- be the goal of the reauthorization bill D’Amato Kerry Thomas graders in the Nation have committed that I am assembling which will be Daschle Kohl Thompson DeWine Kyl Thurmond to using the tests. Let me stress that based on the bill I introduced in the Dodd Landrieu Torricelli committing to voluntary national test- 104th Congress. Domenici Lautenberg Warner ing does not mean committing to a na- However, I would like to quickly ask Dorgan Leahy Wellstone tional curriculum. Local education au- a question of my colleague from New Durbin Levin Wyden Enzi Lieberman thorities will determine how to use the York, Senator D’AMATO. You stated in Faircloth Lott results. The tests simply give them the your introductory remarks that your NOT VOTING—3 tools to do their jobs better. goal is to increase the availability of Bingaman Glenn Murkowski Mr. President, we in Congress should services to our seniors through the in- be doing all that we possibly can to en- The amendment (No. 1079), as modi- fusion of this additional $40 million. sure that America’s children have the But I do not note any specific assign- fied, was agreed to. Mr. D’AMATO. Mr. President, I move very best opportunity to excel in a ment of these funds. Would the Senator technologically advanced 21st century. to reconsider the vote by which the clarify again for me his intention to But we have to know where our chil- ensure that these dollars are spent on amendment was agreed to. Mr. SPECTER. I move to lay that dren stand so that we can move for- services that are proven to be effective ward. Research has shown that high motion on the table. and efficient, and not to pad the ad- academic standards generate high aca- ministrative accounts over at the Ad- The motion to lay on the table was agreed to. demic performance. Our children de- ministration on Aging, or to allow serve no less. them funds to try new things? AMENDMENT NO. 1071 Mr. DOMENICI. Mr. President, I rise Mr. D’AMATO. I would like to assure Mr. KERREY. Mr. President, I be- in support of the bill, S. 1061, the the Senator from New Hampshire that lieve that in order to achieve a goal, we Labor, Health and Human Services, my intention is to put this $40 million must set the goal, commit the nec- Education and related agencies appro- in to those services that we know are essary resources to reaching the goal, priations bill for fiscal year 1998. making the lives of our seniors and establish a method for measuring The bill provides $236.4 billion in new healthier and more independent. In- our progress toward that goal. Vol- budget authority and $188.6 billion in deed, at the same time this amendment untary national testing would enable new outlays for programs of the De- seeks to bring more resources into ef- us to reach our goal of raising the partments of Labor, Health and Human fective services for the elderly, it also achievement levels of America’s chil- Services, and Education and related reduces funding from administrative dren. agencies. accounts. I share the Senator’s interest I oppose the Coats Amendment be- When adjustments are made for in both getting needed services to our cause it deprives parents, school ad- prior-year outlays and other completed seniors and in reducing overhead costs. ministrators, teachers, and students of actions, the bill as adjusted totals Mr. GREGG. Then I am pleased to the information needed to continue the $286.3 billion in budget authority and have the opportunity today to support work of constructive education reform. $285.2 billion in outlays for fiscal year the Senator from New York’s increase Funding for the development, planning, 1998. S8794 CONGRESSIONAL RECORD — SENATE September 4, 1997 The committee-reported bill is with- S. 1061, LABOR-HHS APPROPRIATIONS, 1998, SPENDING think my amendment is somewhat the in the subcommittee’s revised 602(b) al- COMPARISONS—SENATE-REPORTED BILL—Continued same. I thought maybe we would be location just filed with the Congress’ [Fiscal year 1998, in millions of dollars] able to dispose of our amendment in a return. short period of time and have a clear Non- There are several items for which the De- de- Crime Manda- Total vote on our amendment that would try Senator from New Mexico would like to fense fense tory to make sure that taxpayers would not express appreciation. One item is con- Outlays ...... ¥83 ...... ¥83 have to pay for the Teamsters’ election tinued funding for Hispanic Serving In- President’s request: twice. Budget authority ...... 6,533 84 ...... 6,617 ENNEDY stitutions. With a slight increase over Outlays ...... 1.355 17 ...... 1,372 Senator K came up with a the 1997 level, the bill retains this pro- House-passed bill: very clever amendment, and I am still gram as separate from the Strengthen- Budget authority ...... ¥311 ...... ¥311 trying to figure out what the net im- Outlays ...... ¥9 1 ...... ¥8 ing Institutions program. In addition, I pact would be. I still do not know. I Note: Details may not add to totals due to rounding. Totals adjusted for appreciate the committee’s willingness consistency with current scorekeeping conventions. have the greatest respect for my col- to continue funding PATH grants for league. That is one of the reasons I am the homeless. Mr. SPECTER. If I may have the at- not sure I want to agree to his amend- I continue to be concerned about the tention of my colleague. ment. I have a great desire to work The PRESIDING OFFICER. The Sen- practice of providing a $300 million with my colleague from Massachusetts, ate will be in order. contingency fund for LIHEAP that 1 2 Mr. SPECTER. I believe Senator but in the last 2 ⁄ hours I still have not must be designated as emergency been able to determine, if we adopted MCCAIN is prepared to offer an amend- spending to be released. These ex- ment. his second-degree amendment, who penses, in most cases, can be antici- Mr. MCCAIN. Mr. President, may I would pay for the Teamsters’ election. pated and should be addressed through inquire of the distinguished managers Therefore, Mr. President, I think, the regular appropriations process. of the bill, do they intend to dispose of after consulting with others, that I will I am especially pleased, that within the pending amendment, or is it agree- debate the Kennedy amendment. At the funding for the Centers for Disease able to them to set aside the pending some point I will move to table the Control, the committee has provided amendment for the purpose of propos- Kennedy amendment. Then we can dis- an $18 million increase for diabetes, in- ing an amendment? pose of our amendment and proceed to cluding the establishment of a ‘‘com- Mr. SPECTER. Mr. President, I ask the amendment of the Senator from munity-based intervention project in unanimous consent that the pending Arizona and dispose of the bill. Gallup, New Mexico.’’ amendment be set aside so that the Mr. GRAMM. Can we get a time limit As you know, this is an historic year Senator from—— on the debate before the tabling mo- in which we have set forth a plan to Mr. NICKLES. Reserving the right to tion? balance the budget in 7 years. The au- object, since that is my amendment. Mr. NICKLES. I am prepared to move thorizing committees have completed a I ask the Senator, you want unani- to table the amendment. I would like very difficult task in implementing mous consent to set our amendment to speak for a few minutes, Senator this historic bipartisan budget agree- aside for how long? KENNEDY would probably like to speak ment. I am pleased that the Appropria- Mr. SPECTER. For the Senator from for a few minutes, and the Senator tions Committee is attempting to live Arizona to present his amendment. from Texas probably would like to within funding and priority proposed in Mr. NICKLES. How long would that speak for a few minutes. I will not this agreement. take? move to table at this point, but it is A concern I continually have, is the Mr. MCCAIN. I do not know, since I my intent to move forward rather ex- reduction of mandatory spending with- do not believe that the amendment will peditiously to bring this to closure. in appropriation bills. When mandatory be agreed to by some Members. Mr. President, let me make a couple savings are included in appropriations Mr. NICKLES. Then I will object, comments. bills, it is generally to offset discre- with great respect for my friend and Mr. President, is our amendment tionary spending, instead of deficit re- colleague from Arizona, because I pending before the Senate? duction. In particular, the subcommit- think we are going to need to dispose The PRESIDING OFFICER. The tee has reduced the cap on the Social of the amendment that I have offered. amendments are pending in the first Services block grant by $255 million for Senator KENNEDY has offered a second- and second degree. fiscal year 1998. degree amendment. We have talked Mr. NICKLES. Mr. President, for the Overall, I am supportive of the work about it. We negotiated about it. We information of our colleagues, so ev- of the committee and I urge my col- tried to figure out what it would mean. eryone can understand what the Nick- leagues to support this bill. We keep getting different opinions. les amendment is and what the Ken- Mr. President, I ask unanimous con- So my guess is, I think we will have nedy amendment is—and we will be sent that a table displaying the Budget to at some point move to table Senator voting on a motion to table the Ken- Committee scoring of the bill be placed KENNEDY’s amendment, find out where nedy amendment and, hopefully, a mo- in the RECORD. the votes are, and dispose of my tion on the underlying Nickles-Jeffords There being no objection, the table amendment. I would hate to have to amendment. was ordered to be printed in the wait longer and longer. So I would just The Nickles-Jeffords amendment is RECORD, as follows: as soon move ahead with our amend- this: Taxpayers should not have to pay ment. for the Teamsters’ election twice. S. 1061, LABOR-HHS APPROPRIATIONS, 1998, SPENDING Mr. SPECTER. Mr. President, I had Mr. President, in 1989, the consent COMPARISONS—SENATE-REPORTED BILL suggested setting aside the amendment decree said that there will be an elec- [Fiscal year 1998, in millions of dollars] to move to Senator MCCAIN on the the- tion in 1991 and said that the Team- ory a little more time might find some sters would pay for it. They did. They Non- De- Manda- resolution. But if the Senator from had a successful election. It had over- fense de- Crime tory Total fense Oklahoma thinks not, it is his preroga- sight and management by the Govern- Senate-Reported Bill: tive to proceed with his amendment. ment, but it was paid for by the Team- Budget authority ...... 79,558 144 206,611 286,313 Mr. NICKLES. How long would it sters. It was deemed to be a good elec- Outlays ...... 75,926 65 209,167 285,158 Senate 602(b) allocation: take? tion. Budget authority ...... 79,558 144 206,611 286,313 Mr. MCCAIN. In response to the Sen- The 1996 election had oversight and Outlays ...... 76,009 65 209,167 285,241 President’s request: ator from Oklahoma, I am not sure management by the Federal Govern- Budget authority ...... 73,025 60 206,611 279,696 how long it would take because I am ment, and it was also paid for by the Outlays ...... 74,571 48 209,167 283,786 House-passed bill: not sure how strong the disagreement Federal Government. The overseer of Budget authority ...... 79,869 144 206,611 286,624 would be with the amendment. the election, though, said there was Outlays ...... 75,935 64 209,167 285,166 AMENDMENT NO. 1082 some fraud, said there was some cor- SENATE-REPORTED BILL COMPARED TO: Senate 602(b) allocation: Mr. NICKLES. Mr. President, I love ruption, and said in her opinion we Budget authority ...... my colleague from Arizona. And I needed to have a new election. She has September 4, 1997 CONGRESSIONAL RECORD — SENATE S8795 now petitioned a judge, and the judge er taxpayers have to pay for it or not. The amendment which I have pro- will be ordering a new election. The consent decree was silent. It didn’t posed is an amendment to the Nickles My point being, it is not the tax- say who would have to pay for a rerun amendment that does not require the payers’ fault that there was fraud. if there’s corruption in the election. American taxpayers to pay. The Sen- That came from the Teamsters. I do I want to eliminate the question ator from Oklahoma believes that the not have any qualm on who is elected mark. I want to make sure that tax- judge does not have the authority to or who is not elected. That is not my payers do not pay for it. It is that sim- require the payment for the election by issue. Somebody, I think, said, ‘‘You’re ple. Why leave it to the determination the taxpayers. All the amendment that trying to influence an election.’’ Far of a judge? I do not think the judge has I have offered is saying is that if the from it. That is not my decision. My —frankly, if the judge reads the con- consent agreement does not require it, decision is to protect taxpayers. Tax- sent decree, there is nothing in the it does not have to be expended; if it payers should not have to pay for it consent decree that would indicate tax- does require it, we are not going to again. payers should pay for a 1996 rerun. But take any action that is going to inter- The estimates of the cost are $22 mil- why leave it ambiguous? Let us just fere with a judicial process and a con- lion. I heard subsequent to that that it say, wait a minute, if we are going to sent agreement that was signed under will be well over $22 million. I heard es- have a rerun, fine, let the Teamsters the Bush administration, was initiated timates up to $28 million, $30 million. pay for it, and, if necessary, if they do by a Republican, Mr. Giuliani, in New My point is, we should not have to pay not have the money, the U.S. taxpayers York, was ratified by the Attorney for it again. We paid for it once. It was pay for it, but they have to be repaid. General, Mr. Thornburgh, who is on not U.S. taxpayers that had the corrup- I think our amendment is eminently record in strong support of this agree- tion. That happened to come from fair. I wish my colleague from Massa- ment. within the union. They hired some con- chusetts had not second-degreed it. It This agreement is still applicable. As sultants, and they funneled money to is confusing. His amendment looks in- a matter of fact, the respondents are various campaigns. We should not have nocuous, but we do not want to turn it required, under the Southern District to pay for that. That is not the tax- over to the courts. Therefore, at the Court, to file their briefs on September payers’ fault. appropriate time, after a couple of our 19—on September 19. This is a court So what would our amendment do? colleagues have spoken on the amend- order that is in effect at the present Our amendment basically says you can ment, I will move to table the Kennedy time. All we are saying in support of have a rerun election and, if the Team- amendment. the amendment that I have offered is, sters do not have the money, the Fed- Mr. KENNEDY addressed the Chair. let us not interfere with the court eral Government can pay for it; just The PRESIDING OFFICER (Mr. order that was established in 1989 that that the Federal Government has to be ABRAHAM). The Senator from Massa- was agreed to by the participants. It is paid back. chusetts. part of a judicial process and proce- So to me it is eminently fair. It does Mr. KENNEDY. Mr. President, we are dure. not have any influence, saying, ‘‘This mindful now that we are only a few What we are basically asking, under group is favored over another group.’’ short days from the time that the UPS the Nickles amendment, is that we are It does not say anything in the word- strike was resolved and settled, and going to interfere with a legitimate ju- ing—my colleague from Massachusetts settled in a way which benefited many dicial procedure. All my amendment said this has something to do with the thousands of workers. There are 186,000 says is, let the judicial procedure flow UPS strike. That is totally hogwash. workers that were involved, and there as it was designed and agreed to at an There was an abuse in dealing with the was important progress made in the earlier period of time. That is the ex- UPS strike. That was the fact that the areas of pensions and part-time work. tent of my amendment. We are not re- overseer knew there was corruption in There was great progress made in a quiring, in my amendment, that tax- the election, knew it during the strike, number of different areas which we payer money be used. We are not say- but did not let the rest of the country may or may not have an opportunity to ing that it will not be used. We are say- know. This is one of the most impor- discuss here this evening. ing, whatever the judge, under that tant strikes, but that does not have But, quite frankly, Mr. President, I consent agreement in 1989, understood anything to do with it. doubt whether this amendment would that agreement to be, that we will not My point being, if there is another be before us if we had not seen the suc- interfere with it. election, let the Teamsters pay for it. cess of the Teamsters as a result of a But that is not satisfactory to Sen- These happen to be individuals who collective-bargaining process. We saw ator NICKLES. He wants to rig, evi- make good money. Almost all elections 15 days where the Nation was focused dently, or change the consent agree- in the country are paid for, if you are on the issue about whether the workers ment. We believe that the consent talking about union elections, are paid of UPS were going to participate in the agreement ought to be maintained for for by the union. And they should be extraordinary kinds of successes that the reason that consent agreements are paid for by the union. This is not that UPS was involved in. Americans put into place and agreed to by the dif- big a deal. There are 1.4 million mem- around the country responded to the ferent parties. When the consent agree- bers. I think a little less than 500,000 fact that many of those that had been ment goes in and the different parties people voted in the last election. I on part-time were not having part-time agree, we do not see that they agree on think they can pay for it. The average mortgages, part-time payments in one day and the next day we are going payroll of the Teamsters can well af- terms of food bills, part-time payments to have interference with that particu- ford this, so they should pay for it. If in terms of children’s clothing bills. Fi- lar agreement. That is really what is at they do not have the money, the tax- nally, the UPS and the Teamsters issue. payers can pay for it, and the tax- worked out an agreement. It was im- Here is Rudolph Giuliani, in 1988, payers can be paid back with interest. portant for those working men and saying, ‘‘Today the U.S. Government is It is only fair. women. bringing a lawsuit to attack and re- Is it consistent with the consent de- There are some here, some here in verse, once and for all, a major Amer- cree of 1989? Yes, it is. The consent de- the Senate who just cannot stand the ican scandal.’’ This is not an issue that cree of 1989 said that the Teamsters fact that workers were able to have is just brought up today. This has been would pay for the 1991 election and their rights considered and to have the result and consent agreement from that the taxpayers would pay for the their rights resolved in a positive and a long, long history which I reviewed 1996 election. It did not say taxpayers constructive way. And there are those earlier in the debate. pay for a 1996 rerun if there is corrup- who just want to somehow get back at Richard Thornburgh said, ‘‘This set- tion in the election. these workers, somehow get back at tlement, which union leaders agree to Some people would like—and I be- them. I believe here we are seeing some today, culminates 30 years of efforts’’— lieve Senator KENNEDY’s position attempt to try to do so by the mis- 30 years of efforts—‘‘by the Depart- would be: Well, let’s leave that up to a chievousness of this particular amend- ment of Justice to remove the influ- judge. We will let a judge decide wheth- ment. ence of organized crime within the S8796 CONGRESSIONAL RECORD — SENATE September 4, 1997 Teamsters Union,’’ and then indicates to find wrongdoing by any officer or were able to negotiate some protec- support for it. Thirty years of effort member of the union and noted that tions for part-time workers and for and the consent agreement in 1989. President Carey had conducted himself pension rights for workers. There are We have seen a continued consent throughout the investigation in a man- those in this body and in this country agreement, as these cases are going on ner inconsistent with guilt. that cannot stand that. They want to to the Southern District Court today. So, there is a judicial finding and give those workers a comeuppance. The briefs are required by September conclusion that there has been no con- That is really what is at issue here. 19. So this issue is very much alive, Mr. clusion to this current election and has That is what is being attempted, to try President. not been certified and therefore the to interfere with this judicial process. All we are saying in support of our election officer maintains the jurisdic- That strike resulted in significant amendment, which is basically an add- tion. improvements for 185,000 workers at on to the Nickles amendment, all our In accordance with this decision, the UPS. It sensitized the entire Nation to amendment says is nothing in this sec- election officer did not certify the 1996 the gross abuses in many work forces tion under the Nickles amendment election. She did, however, apply to the that forced hard-working men and shall be construed to apply to the ex- Federal court for an order requiring women into part-time jobs with lower penditures required by the consent de- that the election be rerun. That appli- wages and lower benefits than they de- cree in the U.S. v. International Broth- cation is pending. The parties’ briefs serve. erhood. We do not say you are going to will not be filed until September 19 and Let me highlight a few of the have to pay for them. We don’t say you the court will not rule until after that achievements of the Teamsters in the will have to pay part of them. We don’t time. The court may order that the UPS strike: 10,000 new full-time jobs by say that they are not going to or we election be rerun or it may not. It may combining existing low-wage part-time positions. That is in addition to the are going to restrict the judge. That is require the Government to fund the full-time opportunities that are nor- effectively what we are basically at- election officer’s supervision of the mally created through growth in the tempting to do with this particular election or it may require the union to company, retirements or people leav- amendment. do so or it may require each party to Mr. President, I think there are ing for other reasons. Pension in- bear some part of the cost. Let me re- creases that are the same or better as strong reasons for accepting this peat that: The court may order the the increases the company had already amendment. I will speak just for a few election be rerun or it may not. It may said it would make, but under the more moments on this particular issue. require the Government to fund the Teamster pension plan, not a company- Mr. President, as I mentioned, in 1988, election officer’s supervision of that controlled pension plan. Under the the Justice Department under Presi- election or it may require the union to Teamster’s central pension fund, a UPS dent Bush sued the Teamsters Union do so. Or it may require each party to worker could retire at 30 years with a under the racketeering laws, and the bear some part of the cost. We do not pension of $3,000 per month, 50 percent U.S. attorney who prosecuted the case know that. We do not know that. That more than the current amount. Limits was Rudolph Giuliani, another Repub- still has to be resolved. on subcontracting—to replace some lican, who now, of course, is the mayor Under the Nickles amendment it contractors with UPS workers, so that of New York City. In 1989, Mayor would prejudge that. All we are trying as UPS grows, full-time UPS jobs grow Giuliani negotiated a resolution to the to do is say we had the agreement in as well. Wage increases of $3.10 an hour suit with the Teamsters that imposed 1989. It is under active consideration for full-time plus an extra dollar an sweeping reforms on the union. before the Southern District Court of hour for part-time workers. That may A critical part of the election reform New York and we should do nothing not sound like a lot to the Members of was the supervision of all aspects of that is going to affect that agreement this body but that is important for the union elections by a court-ap- which has been agreed to by all the working families. Safety protections pointed election official. Thus, the con- principle parties and negotiated under for workers who handle heavy packages sent decree establishes the position of the previous administration. may not sound important to a lot of election officer and gave the officer The point is we do not know how the people around this body but that is im- substantial authority to regulate the court will rule. But this amendment portant for a lot of workers who are entirety of the electoral process. Under would tell the court that regardless of handling those heavy packages. The the consent order the expenses of the its ruling the Government will not be list goes on, and the list goes on. 1991 Teamster election were borne by permitted to fund the election, even if Our Republican colleagues seem to the union itself, including the expenses the consent order requires the Govern- think that the Teamsters deserve to be of the election officer. ment to pay, this amendment will punished for these gains and I think But the 1996 election was different as refuse to permit that. Thus the amend- the union deserves praise. to that election. The consent order ment would interfere with an ongoing Mr. President, I believe, for the rea- stated the union defendants consent to judicial process. sons I have outlined here, this is a con- the election officer at Government ex- That is, basically, the issue. Are we sent decree, that the consent decree is pense to supervise the 1996 election. going to permit legislative interference still active, that there is pending ac- The election officer and all parties to in an ongoing judicial process? It is as tion that is before the Southern Dis- the suit complied with this provision of simple as that. Moreover, the amend- trict Court, and the amendment which the consent decree. The Republican re- ment would renege on an agreement I introduced would effectively accept fusal to appropriate funds for fiscal that a Republican-controlled Justice the Nickles amendment but it would year 1996 for the Labor and Justice De- Department entered into 8 years ago by indicate there would be no interference partment forced the election officer to repudiating part of that agreement. with any decision that is going to be seek a court order requiring the Jus- The amendment would order the Gov- made by the judge in that decree that tice Department to fund the critical ernment to subject itself to a contempt will be forthcoming, and the outcome preelection activities. The Justice De- proceeding, and that is an outrage and of which we do not know. partment and union joined in the elec- an untenable result. Let me mention, Mr. President, some tion officer’s request for that order Why do those on the other side of the of the observations of the Judge, David which ultimately was granted in Octo- aisle seek to achieve this result? It can Edelstein, approving the consent de- ber of 1995. Ultimately, however, the only be because they want to punish cree. funding was obtained and the election the Teamsters Union for their tremen- Just over two months ago I signed a con- was conducted. Protests were filed with dous success in the recent UPS strike. sent decree between * * * Teamsters and the the election officer to resolve them and That is what is at the bottom of this, government. The decree contains an ac- an opinion issued late last month. In make no mistake about it. Does any- knowledgment by the Teamsters leadership that there are severe shortcomings in the that opinion, the election officer found body think if they had not been suc- way it has conducted its affairs in the past, that misconduct by consultants to one cessful in that strike we would be con- and it embodies the standards by which the candidate required that the election be sidering this here? It is a basic, fun- leadership of the * * * Union should conduct rerun. The officer specifically declined damental assault on the fact that they its affairs in the future.* ** September 4, 1997 CONGRESSIONAL RECORD — SENATE S8797 These goals alone, however, are merely submission of various briefs, a judge Now, my point and the point of the statements of good intentions—and we all that is going to make a judgment based Nickles amendment is that we agreed know where those can lead. Without a dedi- upon those briefs, and the facts as have to pay for the election, and we paid for cated effort to put these ideals into practice, been found on the recent election. We the election. The point is that we did the good intentions will become empty promises and unfulfilled hopes. * * * The do not know what the terms of the pro- not get the election that we paid for. public has a significant stake in the outcome nouncement is going to be in terms of Perhaps the amendment of Senator of the decree. The IBT exercises vast power the judge, and all we are saying in the NICKLES should demand that we get our and cuts across every segment of society— Kennedy amendment is that we are not $22 million back because the same cor- political, social, and economic. It affects going to interfere with the judgments ruption we were trying to stop appar- every aspect of our lives. Such power must of that judge in fulfilling the consent ently occurred again. be insulated against corruption and criminal decree requirements that were agreed Now, nothing in the Nickles amend- elements and must be reserved for legitimate to by all parties, that go back over a ment interferes with the consent agree- use to achieve legitimate ends. long period of time, some 30 years of ** * The conditions that have necessitated ment, except that the Nickles amend- and justified such unprecedented measures involvement, and we are not going to ment makes it clear that the Constitu- are extreme. The remedy therefore is nec- prejudge that, tonight, to interfere tion of the United States does not give essarily extreme. The court expects that all with a judicial proceeding. a judge the power of the Federal purse. parties involved—the union, the government, That is, basically, what the effect of The Nickles amendment says we paid and the three individuals I am about to ap- the Kennedy amendment would be as a for an election we didn’t get, and we point—live up to the spirit and letter of the perfecting amendment to the Nickles are not paying for another election. laws and Constitution of the United States proposal. The judge can require another election, as well as the consent decree. Mr. President, I find it difficult to which I assume he will do. But under Mr. SPECTER. Could we enter into a see how a President of the United time agreement, say, with the vote at the Nickles amendment, he will have States, if this were to go through and to require the Teamsters to pay for the 6 o’clock? to pass and to be actually accepted in Mr. KENNEDY. I do not expect we election. We have already paid for one the committee in the conference re- election and we didn’t get it. I hope would go beyond 6 o’clock but I am re- port, how a President of the United luctant just to enter into it at this while he is at it, he will fire everybody States could sign this appropriation who drew these salaries to oversee an time since there are Members that in- that would have a legislative intrusion dicated to me they wanted to speak election through which they slept. in terms of a consent decree that had Now, as for the UPS strike having and indicated they would like to speak, been agreed to and honored by all of anything to do with this amendment, but I don’t anticipate we would go be- the parties. that assertion violates rule XIX of the yond 6 o’clock. It seems to me that this would be a The PRESIDING OFFICER. The Sen- U.S. Senate. We are impugning the mo- clear interference by the legislative tives of people offering this amend- ator from Massachusetts has the floor. body into the judicial consent decree Mr. WELLSTONE. A point of inquiry. ment. If I stood up on the floor of the and would certainly be subject to a Senate and said that this amendment Mr. KENNEDY. I yield for a question. Presidential veto. It is of that impor- was offered by a Democratic Senator Mr. WELLSTONE. As I understand tance and of that consequence. I hope because the Democratic Party colluded what the Senator from Massachusetts my amendment will be agreed to. Just with the Teamsters Union, I would be is saying in reply or in response to the to repeat it, all we want to say is that subject to rule XIX, and rightly so. I Senator from Pennsylvania is that we nothing in this section—which would would never do that. And to come to want to try and finish but there are be the Nickles amendment—should be the floor of the Senate and suggest some other Senators that want to construed to apply to expenditures re- that Senator NICKLES’ amendment has speak and the Senator is right, I would quired by the consent decree. We are anything to do with anything other like to speak. not saying what they may be, what than stopping the purchase of another I think it is a shame we did not have they might not be, whether they would election when we didn’t get the first an agreement. We should have. This is be or would not be. But all we are say- a very reasonable second degree, I ing is that we would not interfere with one we paid for is outrageous. I was on think, but I want to make it clear to the consent decree. It is as plain and as the verge of raising rule XIX on that my colleague from Pennsylvania I clear as can be, Mr. President. I hope assertion. I think it assaults the dig- would like to speak, and I can be rel- the amendment will be accepted. nity of the Senate to try to impugn the atively brief. Mr. GRAMM addressed the Chair. motives of people who are offering seri- Mr. SPECTER. I make an inquiry as The PRESIDING OFFICER. The Sen- ous amendments. manager of the bill to see if we can ator from Texas. Now, with regard to the judge, the move it along. Mr. GRAMM. Mr. President, let me Nickles amendment doesn’t restrict We have quite a number of amend- review what the issue is before the Sen- the judge. The judge can order a new ments. I would like to speak for 5 min- ate and make it clear that there is election; he can fire the people who utes. If the Senator from Minnesota nothing confusing about the Kennedy didn’t do their jobs the first time; and wishes to speak for 5 minutes, he can amendment. The objective of the Ken- the judge can set out the parameters of get a sequencing. It would be helpful. nedy amendment is to require the tax- the new election. But under the Nick- Mr. GRAMM. I assume we will go payer to pay for yet another union les amendment, the judge cannot say back and forth? election. to the taxpayer: You already paid for Mr. SPECTER. And perhaps agree to Now, let me go back to the facts and an election you didn’t get and we are limit speeches to 5 minutes, if that is then delineate where I believe Senator going to make you pay for another acceptable. KENNEDY drifts far afield from the election. Mr. KENNEDY. Mr. President, as I facts. I also want to respond to this as- All the Nickles amendment does is indicated, I have talked to some Sen- sertion about UPS, which borders on assert the power of Congress to expend ators who wanted to speak. I do not an- violating rule XIX of the U.S. Senate. money. It says to the judge and the ticipate going beyond 6 o’clock. I can- Now, first, let me begin with the con- courts that we are passing a law that not speak for them at the present time. sent decree. Because of corruption in says we already paid for our election After Senator WELLSTONE speaks, I the Teamsters, we entered into a con- and any future election will have to be can make inquiries of the Senators and sent decree which resulted in the tax- reimbursed. The cost that the Federal inform the Chair. payers paying for the 1996 Teamsters taxpayer should incur in overseeing Mr. SPECTER. I thank my colleague election. The taxpayers spent $22 mil- that election will have to be reim- from Massachusetts. lion. The person appointed to oversee bursed by the beneficiaries, the mem- Mr. KENNEDY. So, here we have the the election, having been paid $300,000 bers of the union, who, hopefully, will Republican administration that is com- to $400,000, a couple of weeks after it get an honest election in the future. mitted to this consent decree. We have was known that we clearly had viola- We had a consent decree; the Federal the consent decree still active in the tions in the election, now, belatedly, Government has lived up to the con- southern district court requiring the has raised questions. sent decree. We spent $22 million for an S8798 CONGRESSIONAL RECORD — SENATE September 4, 1997 election that we did not get. We were the black-robed judges, but I think his second-degree amendment is reason- supposed to have gotten an honest elec- analysis is a bit ahistorical. Rudolph able. It just says—and I will finish— tion, but apparently did not. The ques- Giuliani, former U.S. attorney, 1988: nothing in this section shall be con- tion is: Are we going to do it again? I ‘‘To date, the United States Govern- strued to apply to expenditures re- think it is a very clear vote. ment is bringing the lawsuit to attack quired by the consent decree. Whatever We attempted to have an honest elec- and reverse once and for all the major those expenditures are or are not, this tion once, which we did not get, even American scandal.’’ Richard amendment just says, look, we don’t after the taxpayer paid $22 million. Thornburgh, Attorney General, March come out here on the floor—it is not in Now the person who was given the re- 14, 1989—not a black-robed judge: ‘‘This the dark of night, but all of a sudden— sponsibility of overseeing that election settlement, which union leaders agreed with this kind of major move, and I says that a fair election did not occur. to earlier today, culminates 30 years of think this is an extremely reasonable Should we be forced to pay again? The efforts by the Department of Justice to second-degree amendment. I hope my Nickles amendment says no. I think remove the influence of organized colleagues will support it. the American people would say no. crime within the Teamsters Union.’’ Mr. KENNEDY. Will the Senator So the Kennedy amendment puts this This was an agreement with a Repub- yield? back in the hands of the court. And, lican administration. The second-de- Mr. WELLSTONE. I am pleased to basically, his argument is, let a Fed- gree amendment here, the Kennedy yield. eral judge appropriate and expend an- amendment, simply says, nothing in Mr. KENNEDY. We have taken the other $22 million if he chooses. The this section shall be construed to apply time to go through the various aspects Constitution is very clear about who to expenditures required by the con- in the consent decree that was agreed has the power of the purse. The Nickles sent decree in United States versus The to, the agreement, in terms of the allo- amendment, totally within the consent International Brotherhood of Team- cation of resources, some of which was decree, simply says that we paid to sters. My colleague from Oklahoma spelled out in the consent decree. Let have an honest election, but we didn’t wants to say there isn’t anything in his me mention, reading specifically, and I get what we paid for. Quite frankly, I amendment that goes against this con- will—I ask unanimous consent that the would vote for an amendment that de- sent agreement. If so, this second-de- full consent decree be printed in the manded our $22 million back. But the gree amendment should be acceptable. RECORD. point is that the Nickles amendment We should not even be having this de- There being no objection, the mate- simply says that if another election is bate. rial was ordered to be printed in the ordered, which it almost certainly will Now, I heard what my colleague from RECORD, as follows: be, the beneficiaries of the election pay Texas said about the need to not be [U.S. District Court, Southern District of for it. So it does not interrupt the con- personal. I won’t be. Let me make a New York, Order 88 CIV. 4486 (DNE)] sent decree. different kind of argument. When, all UNITED STATES OF AMERICA, PLAINTIFF, v. We have lived up to our end of the of a sudden and unrelated to the bill on INTERNATIONAL BROTHERHOOD OF TEAM- bargain, but the participants in the the floor, there is an amendment that STERS, CHAUFFERS, WAREHOUSEMEN AND election and the overseers did not live goes after a consent agreement that HELPERS OF AMERICA, AFL–CIO, ET AL., DE- up to their end of the bargain. This is goes back to the actions of a Repub- FENDANTS. a question of whether you want the lican administration, and when that Whereas, plaintiff United States of Amer- taxpayers to fund a second election all-of-a-sudden move on the Senate ica commenced this action on June 28, 1988, by filing a Complaint seeking equitable re- when the first election was apparently floor follows only a few short weeks lief involving the International Brotherhood fraudulent. The Nickles amendment from a very inspiring and successful ef- of Teamsters, AFL–CIO (hereinafter, ‘‘the says no; the Kennedy amendment says fort on the part of the Teamsters to IBT’’), pursuant to the civil remedies provi- yes, but does it indirectly by saying collectively bargain, and when this ef- sions of the Racketeer Influenced and Cor- let’s let the judge take the rap for re- fort, unrelated to the bill on the floor rupt Organizations (‘‘RICO’’) Act, 18 U.S.C. quiring us to pay for the election the all of a sudden comes up just a few § 1964; and second time. short weeks after many people in the Whereas, the Summons and Complaint I say this is an issue the Congress country are saying, thank goodness have been served, answers filed, and pretrial discovery commenced by and between the should decide. We have the constitu- there is a focus on trying to have full- parties; and tional responsibility to spend or not time jobs as opposed to part-time jobs, Whereas, plaintiff United States of Amer- spend money. I say buying one election thank goodness there is a focus on liv- ica and defendants IBT and its General Exec- you didn’t get is one too many. I sup- ing-wage jobs, thank goodness those of utive Board, William J. McCarthy, Weldon port the Nickles amendment, and I us who are hard-pressed and struggling Mathis, Joseph Trerotola, Joseph W. Mor- hope people will vote to defeat—by vot- to earn a decent living and raise our gan, Edward M. Lawson, Arnold ing to table—the Kennedy amendment children well are going to have a Weinmeister, Donald Peters, Walter J. Shea, chance, I think this is the wrong time Harold Friedman, Jack D. Cox, Don L. West, so that we can vote on the Nickles Michael J. Riley, Theodore Cozza and Daniel amendment, which simply says that we for such an extraordinary move. Ligurotis (hereinafter, the ‘‘union defend- paid for an honest election, we didn’t I don’t think we can decontextualize ants’’) have consented to entry of this order; get it, and we are not paying for a sec- what we do on the floor of the Senate. and ond one. That is the issue. It is as It would be a little foolish to believe Whereas, the union defendants acknowl- clear-cut as it can be, and hiding be- that, whatever the intentions are of edge that there have been allegations, sworn hind some black-robed official who colleagues, people in the country, testimony and judicial findings of past prob- does not have the inconvenience of many working families, union or non- lems with La Cosa Nostra corruption of var- union, won’t look upon this effort as ious elements of the IBT; and having to run for reelection and having Whereas, the union defendants agree that to answer to voters for spending their just payback. That will be the percep- there should be no criminal element or La money, I don’t think is a way the U.S. tion. That is the way it looks in terms Cosa Nostra corruption of any part of the Senate, as the greatest deliberative of the chronology of this. That is the IBT; and body in the world, should be acting. way it looks in terms of the timeliness Whereas, the union defendants agree that This is a clear-cut choice, and the of this. That is the way it looks in it is imperative that the IBT, as the largest choice is: No more money to pay for terms of this action by the Senate, fol- trade union in the free world, be maintained lowing up on the successful effort on democratically, with integrity and for the elections that don’t seem to be held sole benefit of its members and without un- fairly. the part of a union to bargain collec- lawful outside influence; I yield the floor. tively. It is hereby ordered and decreed that: Mr. WELLSTONE addressed the Finally, once again, it is such an ex- A. Court Jurisdiction traordinary move to go against an Chair. 1. This Court has jurisdiction over the sub- The PRESIDING OFFICER. The Sen- agreement that a Republican adminis- ject matter of the action, has personal juris- ator from Minnesota. tration was a part of and to take this diction over the parties, and shall retain ju- Mr. WELLSTONE. Mr. President, my extraordinary, and I think really very risdiction over this case until further order colleague from Texas wants to focus on imprudent, action. Senator KENNEDY’s of the Court. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8799 2. Upon satisfactory completion and imple- 8. Article IV, Section 2 of the IBT Con- States Code to discharge those duties which mentation of the terms and conditions of stitution shall be deemed and is hereby relate to: disciplining corrupt or dishonest this order, this Court shall entertain a joint amended to include a new paragraph as fol- officers, agents, employees or members of motion of the parties hereto for entry of lows: the IBT or any of its affiliated entities (such judgment dismissing this action with preju- ‘‘No candidate for election shall accept or as IBT Locals, Joint Councils and Area Con- dice and without costs to either party. use any contributions or other things of ferences), and appointing temporary trustees B. Duration value received from any employers, rep- to run the affairs of any such affiliated enti- resentative of an employer, foundation, trust ties. The Investigations Officer shall have 3. The authority of the court officers estab- or any similar entity. Nothing herein shall the authority to investigate the operation of lished in paragraph no. 12 herein shall termi- be interpreted to prohibit receipt of con- the IBT or any of its affiliates and, with nate after the certification of the 1991 elec- tributions from fellow employees and mem- cause, tion results by the Election Officer for all bers of this International Union. Violation of (i) To initiate disciplinary charges against IBT International Officers as provided in this this provision shall be grounds for removal any officer, member or employee of the IBT Order, except as follows: from office.’’ or any of its affiliates in the manner speci- (1) The Election Officer and the Adminis- 9. (a) The IBT Constitution shall be deemed fied for members under the IBT Constitution trator shall have the authority to resolve all and hereby is amended to incorporate and and, disputes concerning the conduct and/or re- conform with all of the terms set forth in (ii) To institute trusteeship proceedings for sults of the elections conducted in 1991 under this order. the purpose and in the manner specified in the authority granted to them under para- (b) By no later than the conclusion of the the IBT Constitution. graph 12(D) herein, and the Investigations IBT convention to be held in 1991, the IBT Prior to instituting any trusteeship pro- Officer and the Administrator shall have the shall have formally amended the IBT Con- ceeding the Investigations Officer shall no- authority to investigate and discipline any stitution to incorporate and conform with tify the General President of the Investiga- corruption associated with the conduct and/ all of the terms set forth in this order by tions Officer’s plan to institute said trustee- or results of the elections to be conducted in presenting said terms to the delegates for a ship proceeding and the basis therefor and 1991 under the authority granted them under vote. If the IBT has not formally so amended give the General President ten (10) days to paragraph 12 (A) and (C) herein, so long as the IBT Constitution by that date, the Gov- exercise his authority pursuant to the IBT said investigation is begun within six ernment retains the right to seek any appro- Constitution to institute such trusteeship months of the final balloting. priate action, including enforcement of this proceedings. If the General President timely (2) The Investigations Officer and the Ad- order, contempt or reopening this litigation. institutes such proceedings and/or a trustee- ministrator shall have the authority to re- ship is imposed, the Investigations Officer E. Permanent Injunction solve to completion and decide all charges and the Administrator shall have authority filed by the Investigations Officer on or be- 10. Defendants William J. McCarthy, to review any action thus taken by the Gen- fore the date on which the authority granted Weldon Mathis, Joseph Trerotola, Joseph W. eral President and/or any trusteeship im- to them under paragraphs 12 (A) and (C) Morgan, Edward M. Lawson, Arnold posed thereafter and to modify any aspect of herein terminates the authority pursuant to Weinmeister, Donald Peters, Walter J. Shea, either of the above at any time and in any subparagraph (3) below. Harold Friedman, Jack D. Cox, Don L. West, manner consistent with applicable federal (3) The role and authority provided for in Michael J. Riley, Theodore Cozza and Daniel law. If the General President fails to insti- paragraphs 12 and 13 of this Order regarding Ligurotis, as well as any other or future IBT tute trusteeship proceedings within the ten- the Investigations Officer and the Adminis- General Executive Board members, officers, day period prescribed herein, the Investiga- trator and their relationship with the Inde- representatives, members and employees of tions Officer may immediately proceed in ac- pendent Review Board shall terminate not the IBT, are hereby permanently enjoined cordance with the authority specified above. later than nine (9) months after the certifi- from committing any acts of racketeering When the Investigations Officer files cation of the 1991 election results. activity, as defined in 18 U.S.C. § 1961 et seq., charges, the following procedures shall be (4) As used herein, the date referred to as and from knowingly associating with any observed: ‘‘the certification of the 1991 election re- member or associate of the Colombo Orga- (a) the Investigations Officer shall serve sults’’ shall be construed to mean either the nized Crime Family of La Cosa Nostra, the written specific charges upon the person date upon which the Election Officer cer- Genovese Organized Crime Family of La charged; (b) the person charged shall have at least tifies the 1991 election results for all IBT Cosa Nostra, the Gambino Organized Crime thirty (30) days prior to hearing to prepare International Officers or one month after the Family of La Cosa Nostra, the Lucchese Or- his or her defense; final balloting, whichever is shorter. ganized Crime Family of La Cosa Nostra, the Bonnano Organized Crime Family of La Cosa (c) a fair and impartial hearing shall be C. Status of the Individual Union Defendants Nostra, any other Organized Crime Families conducted before the Administrator; 4. The union defendants herein remain as of La Cosa Nostra or any other criminal (d) the person charged may be represented officers of the IBT, subject to all of the group, or any person otherwise enjoined from by an IBT member at the hearing; and (e) the hearing shall be conducted under terms herein, including the disciplinary au- participating in union affairs, and from ob- the rules and procedures generally applicable thority of the Court-appointed officers, de- structing or otherwise interfering with the scribed in paragraph 12(A) herein. to labor arbitration hearings. work of the court-appointed officers or the The Administrator shall preside at hear- D. Changes in the IBT Constitution Independent Review Board described herein. ings in such cases and decide such cases 5. The portion of Section 6(a) of Article 11. As used herein, the term, ‘‘knowingly using a ‘‘just cause’’ standard. The Inves- XIX of the IBT Constitution that provides, associating,’’ shall have the same meaning tigations Officer shall present evidence at ‘‘Any charge based upon alleged conduct as that ascribed to that term in the context such hearings. As to decisions of the IBT which occurred more than one (1) year prior of comparable federal proceedings or federal General Executive Board on disciplinary to the filing of such charge is barred and rules and regulations. charges and trusteeship proceedings during shall be rejected by the Secretary-Treasurer, F. Court-Appointed Officers the Administrator’s tenure, the Adminis- except charges based upon the non-payment 12. The Court shall appoint three (3) offi- trator shall review all such decisions, with of dues, assessment and other financial obli- cers—an Independent Administrator, an In- the right to affirm, modify or reverse such gations,’’ shall be and hereby is amended to vestigations Officer and an Election Officer— decisions and, with respect to trusteeship provide for a five (5) year period, running to be identified and proposed by the Govern- proceedings, to exercise the authority grant- from the discovery of the conduct giving rise ment and the union defendants, to oversee ed above in this paragraph. Any decision of to the charge. This limitation period shall certain operations of the IBT as described the Administrator shall be final and binding, not apply to any actions taken by the Inves- herein. The parties shall jointly propose to subject to the Court’s review as provided tigations Officer or the Administrator. the Court at least two persons for each of herein. For a period of up to fourteen (14) 6. Section 6(a) of Article XIX of the IBT these three positions. Such proposal shall be days after the Administrator’s decision, any Constitution shall be deemed and is hereby presented to the Court within four weeks of person charged or entity placed in trustee- amended to include the following: ‘‘Nothing the date of the entry of this Order, except ship adversely affected by the decision shall herein shall preclude the General President that for good cause shown such period may have the right to seek review by this Court and/or General Executive Board from sus- be extended by the Court. Except as other- of the Administrator’s decision. The Admin- pending a member or officer facing criminal wise provided herein, the duties of those istrator shall also have the right to establish or civil trial while the charges are pending.’’ three officers shall be the following: and disseminate new guidelines for inves- 7. Immediately after the conclusion of the (A) DISCIPLINARY AUTHORITY.—From the tigation and discipline of corruption within IBT elections to be conducted in 1991, Sec- date of the Administrator’s appointment the IBT. All of the above actions of the Ad- tion 8 of Article VI of the IBT Constitution until the termination of the Administrator’s ministrator and Investigations Officer shall shall be deemed and hereby is amended to authority as set forth in paragraph 3(3) here- be in compliance with applicable Federal provide that a special election be held when- in, the Administrator shall have the same laws and regulations. ever a vacancy occurs in the office of IBT rights and powers as the IBT’s General Presi- (B) Review Authority.—From the date of General President, pursuant to the proce- dent and/or General Executive Board under the Administrator’s appointment until the dures described later herein for election of the IBT’s Constitution (including Articles VI certification of the IBT elections to be con- IBT General President. and XIX thereof) and Title 29 of the United ducted in 1991, the Administrator shall have S8800 CONGRESSIONAL RECORD — SENATE September 4, 1997 the authority to veto whenever the Adminis- tives present during the conduct of said in 1991 and any special IBT elections that trator reasonably believes that any of the audit. occur prior to the IBT elections to be con- actions or proposed actions listed below con- (ii) The Independent Administrator and the ducted in 1991. In advance of each election, stitutes or furthers an act of racketeering Election Officer shall have the same rights the Election Officer shall have the right to activity within the definition of Title 18 as the Investigations Officer as provided in distribute materials about the election to U.S.C. § 1961, or furthers or contributes to the sections (a), (b), (c) and (d) of A, herein. the IBT membership. The Election Officer association directly, or indirectly, of the IBT (iii) The Independent Administrator, Inves- shall supervise the balloting process and cer- or any of its members with the LCN or ele- tigations Officer and Election Officer shall tify the election results for each of these ments thereof: each be provided with suitable office space at elections as promptly as possible after the (i) any expenditures or proposed expendi- the IBT headquarters in Washington, D.C. balloting. Any disputes about the conduct ture of International Union funds or transfer D. IBT Election.—The IBT Constitution and/or results of elections shall be resolved of International Union property approved by shall be deemed amended, and is hereby after hearing by the Administrator. any officers, agents, representatives or em- amended, to provide for the following new The union defendants consent to the Elec- ployees of the IBT, election procedures: tion Officer, at Government expense, to su- (ii) any contract or proposed contract on (i) The procedures described herein shall pervise the 1996 IBT elections. The union de- behalf of the International Union, other than apply to elections of the IBT’s General Presi- fendants further consent to the U.S. Depart- collective bargaining agreements, and dent, General Secretary-Treasurer, Inter- ment of Labor supervising any IBT elections (iii) any appointment or proposed appoint- national Union Vice Presidents, and inter- or special elections to be conducted after ments to International Union office of any national Union Trustees; 1991 for the office of the IBT General Presi- officer, agent, representative or employee of (ii) Delegates to the IBT International con- dent, IBT General Secretary-Treasurer, IBT vention at which any International Union of- the IBT. Vice President, and IBT Trustee. In any case where the Administrator exer- ficers are nominated or elected shall be cho- At the IBT 1991 International Convention, cises veto authority, the action or proposed sen by direct rank-and-file secret balloting the delegates shall be presented with these action shall not go forward. The Adminis- shortly before the convention (but not more aforesaid amendments for vote; provided fur- trator, upon request of the IBT’s General than six months before the convention, ex- ther that nothing herein shall be deemed or President or General Executive Board, shall, cept for those delegates elected at local interpreted or applied to abridge the union elections scheduled to be held in the within three (3) days, advise the IBT’s Gen- Landrum-Griffin free speech right of any IBT fall of 1990), and with all convention Can- eral President and/or General Executive officer, delegate or member, including the didate election voting by secret ballot of Board whichever is applicable, of the reasons parties hereto. each delegate individually; for any such veto. For a period of up to four- (E) REPORTS TO MEMBERSHIP.—The Admin- (iii) Delegates shall nominate candidates istrator shall have the authority to distrib- teen (14) days after the Administrator’s deci- for eleven (11) Regional Vice Presidents, as ute materials at reasonable times to the sion, the IBT’s President and/or General Ex- follows: Three (3) from the Eastern Con- membership of the IBT about the Adminis- ecutive Board shall have the right to seek re- ference, three (3) from the Central Con- trator’s activities. The reasonable cost of view by this Court of the Administrator’s de- ference, two (2) from the Southern Con- distribution of these materials shall be borne cision. The Administrator may prescribe any ference, two (2) from the Western Con- by the IBT. Moreover, the Administrator reasonable mechanism or procedure to pro- ference, and one (1) from the Canadian Con- shall have the authority to publish a report vide for the Administrator’s review of ac- ference. In addition, there shall be nomi- in each issue of the International Teamster tions or proposed actions by the IBT, and nated candidates for five (5) Vice Presidents concerning the activities of the Adminis- every officer, agent, representative or em- to be elected at large. All duly nominated trator, Investigations Officer and Election ployee of the IBT shall comply with such Vice Presidents shall stand for election con- mechanism or procedure. ducted at local unions on the same ballot Officer. (F) REPORTS TO THE COURT.—The Adminis- (C) Access to Information.—(i) The Inves- and time as the election of General President trator shall report to the Court whenever the tigations Officer shall have the authority to and General Secretary-Treasurer, as pro- Administrator sees fit but, in any event, take such reasonable steps that are lawful vided herein; and necessary in order to be fully informed (iv) At such an International convention, shall file with the Court a written report about the activities of the IBT in accordance after the nomination of International Union every three (3) months about the activities with the procedures as herein established. Vice Presidents and election of Trustees, all of the Administrator, Investigations Officer The Investigations Officer shall have the delegates shall then vote for nominees for and Election Officer. A copy of all reports to right: the offices of IBT General President and Sec- the Court by the Administrator shall be (a) To examine books and records of the retary-Treasurer; served on plaintiff United States of America, IBT and its affiliates, provided the entity to (v) To qualify for the ballot for the direct the IBT’s General President and duly des- be examined receives three (3) business days rank-and-file voting for IBT General Presi- ignated IBT counsel. advance notice in writing, and said entity dent, Secretary-Treasurer, and Vice Presi- (G) HIRING AUTHORITY.—The Adminis- has the right to have its representatives dent, candidates must receive at least five trator, the Investigations Officer and the present during said examination. (5) percent of the delegate votes at the Inter- Election Officer shall have the authority to (b) To attend meetings or portions of meet- national convention, for the at large posi- employ accountants, consultants, experts, ings of the General Executive Board relating tion, or by conference for regional positions, investigators or any other personnel nec- in any way to any of the officer’s rights or as the case may be; essary to assist in the proper discharge of duties as set forth in this Order, provided (vi) No person on the ballot for the posi- their duties. Moreover, they shall have the that prior to any such meeting, the officer tion of IBT General President may appear on authority to designate persons of their shall receive an agenda for the meeting and the ballot in the same election year for the choosing to act on their behalf in performing then give notice to the General President of position of Secretary-Treasurer; and further any of their duties, as outlined in subpara- the officer’s anticipated attendance. no member shall be a candidate for more graphs above. Whenever any of them wish to (c) To take and require sworn statements than one (1) Vice President position; designate a person to act on their behalf, or sworn in-person examinations of any offi- (vii) No less than four (4) months and no they shall give prior written notice of the cer, member, or employee of the IBT pro- more than six (6) months after the Inter- designation to plaintiff United States of vided the Investigations Officer has reason- national convention at which candidates America, and the IBT’s General President; able cause to take such a statement and pro- were nominated, the IBT General President, and those parties shall then have the right, vided further that the person to be examined General Secretary-Treasurer and Vice Presi- within fourteen (14) days of receipt of notice, receives at least ten (10) days advance notice dents shall be elected by direct rank-and-file to seek review by this Court of the designa- in writing and also has the right to be rep- voting by secret ballot in unionwide, one- tion, which shall otherwise take effect four- resented by an IBT member or legal counsel member, one-vote elections for each at large teen (14) days after receipt of notice. of his or her own choosing, during the course position, and conference wide, one-member (H) COMPENSATION AND EXPENSES.—The of said examination. one-vote elections for each regional position; compensation and expenses of the Adminis- (d) To take, upon notice and application (viii) All direct rank-and-file voting by se- trator, the Investigations Officer and the for cause made to this Court, which shall in- cret ballot described above shall be by in- Election Officer (and any designee or persons clude affidavits in support thereto, and the person ballot box voting at local unions or hired by them) shall be paid by the IBT. opportunity for rebuttal affidavits, the absentee ballot procedures where necessary, Moreover, all cost associated with the activi- sworn statements or sworn in person exam- in accordance with Department of Labor reg- ties of these three officials (and any designee ination of persons who are agents of the IBT ulations; and or persons hired by them) shall be paid by (and not covered in subparagraph (c) above). (ix) The current procedures under the IBT the IBT. The Administrator, Investigations (e) To retain an independent auditor to Constitution for filling a vacancy between Officer and Election Officer shall file with perform audits upon the books and records of elections in the office of General Secretary- the Court (and serve on plaintiff United the IBT or any of its affiliated entities (not Treasurer, International Trustee, and Inter- States of America and the IBT’s General including benefit funds subject to ERISA), national Vice President shall remain in ef- President and designated IBT counsel) an ap- provided said entity receives three (3) busi- fect. plication, including an itemized bill, with ness days advance notice in writing and said The Election Officer shall supervise the supporting material, for their services and entity has the right to have its representa- IBT election described above to be conducted expenses once every three months. The IBT’s September 4, 1997 CONGRESSIONAL RECORD — SENATE S8801 General President shall then have fourteen shall be submitted in writing to an appro- members and staff). Invoices for all such (14) business days following receipt of the priate IBT entity (including designating a costs and expense shall be directed to the above in which to contest the bill before this matter as an original jurisdiction case for General President for payment. Court. If the IBT’s President fails to contest General Executive Board review), with a (m) The Investigations Officer and the Ad- such a bill within that 14-day period, the IBT copy sent to the General President and Gen- ministrator shall continue to exercise the in- shall be obligated to pay the bill. In all dis- eral Executive Board. The IBT entity to vestigatory and disciplinary authority set putes concerning the reasonableness of the which a matter is referred shall thereupon forth in paragraph 12 above for the limited level or amount of compensation or expense promptly take whatever action is appro- period set forth in paragraph 3(3) above, pro- to be paid, the Court and parties shall be priate under the circumstances, as provided vided, however, that the Investigations Offi- guided by the level of payment as authorized by the IBT Constitution and applicable law. cer and the Administrator may, instead, and approved by the IBT for the payment of Within 90 days of the referral, that IBT en- refer any such investigation or disciplinary similar services and expenses. tity must make written findings setting matter to the Independent Review Board. (I) APPLICATION TO THE COURT.—The Ad- forth the specific action taken and the rea- (n) The IBT Constitution shall be deemed ministrator may make any application to sons for that action. and hereby is amended to incorporate all of the Court that the Administrator deems war- (f) The Independent Review Board shall the terms relating to the Independent Re- ranted. Upon making any application to the monitor all matters which it has referred for view Board set forth above in this paragraph. Court, the Administrator shall give prior no- action if, in its sole judgment, a matter has This amendment shall be presented to the tice to plaintiff United States of America, not been pursued and decided by the IBT en- delegates to the 1991 Convention for vote. the IBT’s General President and designated tity to which the matter has been referred in H. Indemnification IBT counsel and shall serve any submissions a lawful, responsible, or timely manner, or 13. The IBT shall purchase a policy of in- filed with the Court on plaintiff United that the resolution proposed by the relevant surance in an appropriate amount to protect States of America, the IBT’s General Presi- IBT entity is inadequate under the cir- the Administrator, the Investigations Offi- dent and designated IBT counsel. Nothing cumstances, the Independent Review Board cer, the Election Officer and persons acting herein shall be construed as authorizing the shall notify the IBT affiliate involved of its on their behalf from personal liability for parties or the Court-appointed officers to view, and the reasons therefor. A copy of any of their actions on behalf of the IBT, the modify, change or amend the terms of this said notice shall be sent by the Independent Administrator, the Investigations Officer or Order. Review Board, to the General President and the Election Officer. If such insurance is not G. Independent Review Board the General Executive Board. (g) Within 10 days of the notice described available, or if the IBT so elects, the IBT Following the certification of the 1991 elec- in paragraph (f) above, the IBT entity in- shall indemnify the Administrator, Inves- tion results, there shall be established an volved shall set forth in writing any and all tigations Officer, Election Officer and per- Independent Review Board (hereinafter, re- additional actions it has taken and/or will sons acting on their behalf from any liability ferred to as the ‘‘Review Board’’). Said Board take to correct the defects set forth in said (or costs incurred to defend against the im- shall consist of three members, one chosen notice and a deadline by which said action position of liability) for conduct taken pur- by the Attorney General of the United may be completed. Immediately thereafter, suant to this order. That indemnification States, one chosen by the IBT and a third the Independent Review Board shall issue a shall not apply to conduct not taken pursu- person chosen by the Attorney General’s des- written determination concerning the ade- ant to this order. In addition, the Adminis- ignee and the IBT’s designee. In the event of quacy of the additional action taken and/or trator, the Investigations Officer, the Elec- a vacancy, the replacement shall be selected proposed by the IBT entity involved. If the tion Officer and any persons designated or in the same manner as the person who is Independent Review Board concludes that hired by them to act on their behalf shall being replaced was selected. the IBT entity involved has failed to take or enjoy whatever exemptions from personal li- (a) The Independent Review Board shall be propose satisfactory action to remedy the ability may exist under the law for court of- authorized to hire a sufficient staff of inves- defects specified by the Independent Review ficers. tigators and attorneys to investigate ade- Board’s hearing, after notice to all affected I. IBT Legal Counsel quately (1) any allegations of corruption, in- parties. All parties shall be permitted to 14. During the term of office of the court- cluding bribery, embezzlement, extortion, present any facts, evidence, or testimony appointed officers, the IBT General Presi- loan sharking, violation of 29 U.S.C. § 530 of which is relevant to the issue before the dent shall have the right to employ or retain the Landrum Griffin Act, Taft-Hartley Independent Review Board. Any such hearing legal counsel to provide consultation and Criminal violations or Hobbs Act violations, shall be conducted under the rules and proce- representation to the IBT with respect to or (2) any allegations of domination or con- dures generally applicable to labor arbitra- this litigation, to negotiate with the appro- trol or influence of any IBT affiliate, mem- tion hearings. priate official and to challenge the decisions ber or representative by La Cosa Nostra or (h) After a fair hearing has been conducted, of the court-appointed officers, and may use any other organized crime entity or group, the Independent Review Board shall issue a union funds to pay for such legal consulta- or (3) any failure to cooperate fully with the written decision which shall be sent to the tion and representation. The Administrator’s Independent Review Board in any investiga- General President, each member of the Gen- removal powers and authority over union ex- tion of the foregoing. eral Executive Board, and all affected par- penditures shall not apply to such legal con- (b) The Independent Review Board shall ex- ties. sultation and representation. ercise such investigative authority as the (i) The decision of the Independent Review J. Non-Waiver General President and General Secretary- Board shall be final and binding, and the Treasurer are presently authorized and em- General Executive Board shall take all ac- 15. To the extent that such evidence would powered to exercise pursuant to the IBT Con- tion which is necessary to implement said be otherwise admissible under the Federal stitution, as well as any and all applicable decision, consistent with the IBT Constitu- Rules of Evidence, nothing herein shall be provisions of law. tion and applicable Federal laws. construed as a waiver by the United States (c) All officers, member, employees and (j) The Independent Review Board shall of America or the United States Department representatives of the IBT and its affiliated have the right to examine and review the of Labor of its right to offer proof of any al- bodies shall cooperate fully with the Inde- General Executive Board’s implementation legation contained in the Complaint, Pro- pendent Review Board in the course of any of the Independent Review Board’s decisions; posed Amended Complaint, declarations or investigation or proceeding undertaken by in the event the Independent Review Board’s memoranda filed in this action, in any subse- it. Unreasonable failure to cooperate with decisions; in the event the Independent Re- quent proceeding which may lawfully be the Independent Review Board shall be view Board is dissatisfied with the General brought. deemed to be conduct which brings reproach Executive Board’s implementation of any of K. Application to Court upon the IBT and which is thereby within its decisions, the Independent Review Board 16. This Court shall retain jurisdiction to the Independent Review Board’s investiga- shall have the authority to take whatever supervise the activities of the Administrator tory and decisional authority. steps are appropriate to insure proper imple- and to entertain any future applications by (d) Upon completion of an investigation, mentation of any such decision. the Administrator or the parties. This Court the Independent Review Board shall issue a (k) The Independent Review Board shall be shall have exclusive jurisdiction to decide written report detailing its findings, charges, apprised of and have the authority to review any and all issues relating to the Adminis- and recommendations concerning the dis- any disciplinary or trusteeship decision of trator’s actions or authority pursuant to cipline of union officers, members, employ- the General Executive Board, and shall have this order. In reviewing actions of the Ad- ees, and representatives and concerning the the right to affirm, modify, or reverse any ministrator, the Court shall apply the same placing in trusteeship of any IBT subordi- such decision. The Independent Review standard of review applicable to review of nate body. Such written reports shall be Board’s affirmance, modification, or reversal final federal agency action under the Admin- available during business hours for public in- of any such General Executive Board deci- istrative Procedure Act. spection at the IBT office in Washington, sion shall be in writing and final and bind- DC. ing. L. Future Practices (e) Any findings, charges, or recommenda- (l) The IBT shall pay all costs and expenses 17. The parties intend the provisions set tions of the Independent Review Board re- of the Independent Review Board and its forth herein to govern future ITT practices garding discipline or trusteeship matters staff (including all salaries of Review Board in those areas. To the extent the IBT wishes S8802 CONGRESSIONAL RECORD — SENATE September 4, 1997 to make any changes, constitutional or oth- CIO, 25 Louisiana Avenue, N.W., Wash- ago over the break. The first oppor- erwise, in those provisions, the IBT shall ington, D.C. 20001. tunity for us to address this issue is give prior written notice to the plaintiff, By: James T. Grady, Esquire. this bill. through the undersigned. If the plaintiff then Defendant William J. McCarthy; To suggest that we somehow waited objects to the proposed changes as inconsist- Defendant Joseph Trerotola; ent with the terms and objections of this until after this Teamsters strike to do Defendant Joseph W. Morgan; this is ridiculous. The timing is per- order, the change shall not occur; provided, Defendant Arnold Weinmeister; however, that the IBT shall then have the Defendant Donald Peters; fectly appropriate. It is appropriate be- right to seek a determination from this Defendant Walter J. Shea; cause it is the first legislative oppor- Court, or, after the entry of judgment dis- Defendant Harold Friedman; tunity to address this issue after the missing this action, from this Court or any Defendant Jack D. Cox; overseer ruled on the election. If we other federal court of competent jurisdiction Defendant Michael J. Riley; waited 6 months and there happened to as to whether the proposed change is consist- Defendant Theodore Cozza; be a strike and we happened to come ent with the terms and objectives set forth Defendant Daniel Ligurotis. herein. forward with this after that successful Mr. KENNEDY. ‘‘The union/defend- strike by a union, then you can make M. Scope of Order ants consent to the election officer, at the argument. But that is not what is 18. Except as provided by the terms of this Government expense, to supervise the happening here. order, nothing else herein shall be construed ’96 elections.’’ To suggest and imply and impugn the or interpreted as affecting or modifying: (a) And then it reviews this. It says ‘‘at the IBT Constitution; (b) the Bylaws and integrity of the Senator from Okla- Constitution of any IBT affiliates; (c) the Government expense.’’ homa and his motives I think is really conduct and operation of the affairs of the If we are to take the Nickles—this is below the dignity of this Senate given IBT or any IBT-affiliated entity or any em- in the consent decree. This is not the the chronology that the Senator from ployee benefit fund as defined in ERISA or judge reaching this. This is the Repub- Minnesota is well aware of. I hope that trust fund as defined by Section 302(c) of the lican Justice Department, under Attor- given that knowledge—and maybe he Labor Management Relations Act, as amend- ney General Thornburgh, agreeing to did not have that knowledge—but ed; (d) the receipt of any compensation or this, and where they had made that given the knowledge that this in fact benefits lawfully due or vested to any officer, kind of commitment and agreement. member or employee of the IBT or any of its was right after this decision was hand- affiliates and affiliated benefit fund; or (e) All we are saying is, in any kind of new ed down by the overseer of the election, the term of office of any elected or appointed election, we don’t know exactly what and that this was in fact timely, and IBT officer or any of the officers of any IBT- they are going to recommend, but we had nothing to do with the Teamsters affiliated entities. do not want to restrict or affect that strike, in fact one might add that the N. Non-Admission Clause consent decree by interfering with leg- fact that Ms. Quindel sat on this report 19. Nothing herein shall be construed as an islative action. for a couple of weeks might have had admission by any of the individual union de- Mr. WELLSTONE. I say to my col- something to do with the Teamsters fendants of any wrongdoing or breach of any league from Massachusetts that I strike. But that is not the issue here. legal or fiduciary duty or obligation in the would agree. That is why I find it hard What is at issue is the Senator from discharge of their duties as IBT officers and to understand why there can’t even be Oklahoma addressed this issue expedi- members of the IBT General Executive an agreement here on the floor of the Board. tiously right after the decision was Senate because I think the position made on the first legislative vehicle to O. Future Actions that the Senator takes is very reason- 20. Nothing herein shall preclude the Unit- do so. And I think any other construc- able, and I think it is important to tion of motivation really does not hold ed States of America or the United States have this consent decree as part of the Department of Labor from taking any appro- water very well. priate action in regard to any of the union Record for that very reason. So I would be pleased with a re- defendants in reliance on federal laws, in- Mr. President, I will yield the floor, sponse, given that information. cluding an action or motion to require if my colleague wants to speak. If that Mr. WELLSTONE. I would be pleased disgorgement of pension, severance or any is what he really wants to do, I am to respond. I know the majority leader other retirement benefits of any individual pleased to yield the floor. wants to respond. union officer defendant on whom discipline Mr. SANTORUM. Mr. President, I First of all, if the Senator was listen- is imposed pursuant to paragraph 12 above. have a question for the Senator from ing carefully, I said, whatever the in- P. Limits of Order Minnesota. It is not about the subject tention, it just seemed to me that it is 21. Nothing herein shall create or confer or matter at hand. It is about this rather hard contextually with what we do is intended to create or confer, any enforce- disturbing assertion by the Senator from what is happening outside the able right, claim or benefit on the part of from Minnesota and the Senator from any person or entity other than to the par- Senate. And I think it is a big mistake ties hereto and the court-appointed officers Massachusetts about the motives be- to do this. I think many people will established herein. As to the undersigned de- hind the Nickles amendment. It is dis- view this as nothing less than an effort fendants hereto, this order supersedes the turbing. And I think the Senator from to retaliate. order of the Court entered on June 28, 1988, Texas is right when he said that in fact That is my position. Whether or not as thereafter extended. this borders on a violation of rule XIX. I am right or wrong, I say to my col- Q. Execution Let me make a statement. And then league from Pennsylvania that the 22. Each of the undersigned individual de- I would like the Senator to respond. proof will be in the pudding. We will fendants has read this order and has had an Mr. WELLSTONE. If the Senator will see how people in the country respond. opportunity to consult with counsel before yield, why doesn’t he put the question We will see what interpretation people signing the order. to me first? put on this. I think it is a big mistake. March , 1989. Mr. SANTORUM. Let me put the in- I think this is a real overreach. DAVID N. EDELSTEIN, formation out, and then I would like As I tried to do in this debate, I went U.S. District Judge. the Senator to respond to it. I can do it back through the history of this. I Consented to: Benito Romano, United States in the form of a question. But the Sen- Attorney, Southern District of New make it crystal clear. Richard York, One St. Andrew’s Plaza, New York, ator from Minnesota makes the asser- Thornburgh, in this settlement of New York 10007, Attorney for Plaintiff, tion that this comes right on the heels March 14, 1989, which union leaders United States of America. of a Teamsters strike when they were agreed to earlier today, said cul- By: Randy M. Mastro, Assistant United successful in negotiating some changes minates 30 years of efforts by the De- States Attorney, Mudge Rose Guthrie, in their contract. The Senator talks partment of Justice to remove the in- Alexander & Ferdon, 16 Maiden Lane, about the chronology. Let’s also talk fluence of organized crime within the New York, New York 10038, Attorneys for about the chronology of when Barbara Teamsters Union. We are saying in the Defendants IBT and its General Execu- Zack Quindel, who is the overseer of tive Board. second-degree amendment that nothing By: Jed S. Rakoff, James T. Grady, Esq., the election, came out with her order that we do should be construed to General Counsel, International Brother- following the strike. That didn’t occur apply to expenditures. hood of Teamsters, Chauffeurs, Ware- 3 months ago. That didn’t occur 6 Don’t overreach, and don’t take an housemen and Helpers of America, AFL- months ago. It occurred 3 or 4 weeks imprudent action, and don’t try to September 4, 1997 CONGRESSIONAL RECORD — SENATE S8803 overturn this. That is profoundly mis- off.’’ It turns out there was a fraudu- mount, and it is a matter for the court taken. lent election. And now there is an indi- to decide under our doctrine of separa- That is my argument. And that will cation, well, a judicial official might tion of powers. continue to be my argument, irrespec- decree that the taxpayers should have We are very premature in what we tive of what some of my other col- to pay the Teamsters again. This is a are doing here on two scores. leagues believe. horrible procedure. This is a horrible One is there has been a recommenda- Mr. LOTT addressed the Chair. precedent. I don’t care what union it is; tion for a new election, which, as I un- The PRESIDING OFFICER. The ma- what business it is. We shouldn’t be derstand the record, has not yet been jority leader. paying for these kind of elections, and approved in the court. This is a com- Mr. LOTT. Mr. President, I have certainly not without some process to plicated matter. There are lots of com- never seen so many red herrings in my get the taxpayers repaid for what they plexities on it. But my understanding life. We should be flying a flock. This is have put into this process. is that it has not been approved by the not about the recent Teamsters strike The Nickles amendment puts an end court. And then the court under any at UPS, although clearly that strike to this nonsense. It allows the Federal expected interpretation would come to injured millions of Americans and Government to continue the fight the conclusion that this is a new elec- small businessmen and women. And I against corruption in the Teamsters tion, and not to be paid by the Treas- heard a lot of those concerns while I Union but says the teamsters have to ury of the United States under the pre- was home. I had a lot of calls in my of- pay the American people back for the existing arrangement. That election fices pleading for help in some way. privilege of an honest election. For has already been paid for. But essen- ‘‘Please find a way to help end this heaven’s sake. Nothing could be more tially this a matter for the court to de- strike because of what it is doing to us fair than that. cide. And there would be ample time as individuals and small businesses.’’ Last month, a Federal election offi- for the Congress to turn down an ap- It is not about a union or a particular cial determined that ‘‘corruption’’— union. I have had a good relationship propriation in the future on the basis this is a quote—‘‘in the Teamsters re- that is not an appropriate matter to be with individual teamsters over the mains a major problem.’’ Citing ‘‘ex- years. When I practiced law I rep- paid for by taxpayers’ money. But on traordinary’’ and ‘‘egregious impropri- this state of the record, it is my view resented the longshoremen, the boiler- eties,’’ the Federal election officials makers, and every other union you can that it is a judicial matter, and not a threw out the Teamsters election. We matter of the Congress. name. didn’t have anything to do with that. No. What is this really about? This is Several Senators addressed the That is what the Clinton administra- Chair. about fairness for the American people. tion is saying about this. Taxpayers That is why this amendment has been The PRESIDING OFFICER. The Sen- paid for what turned out to be a stolen ator from Alaska. offered and why it is so important. The private election. taxpayers of America are paying for Mr. STEVENS. Mr. President, I am Somehow or other the Justice De- constrained to follow the statement union elections. Do we want that? I partment, which was supposed to be don’t think my constituents know that is made by Senator SPECTER, the overseeing this process, let someone in chairman of the subcommittee. It is that, and they would be horrified to the Teamsters steal an election right know it. That is what this is all about. my understanding also that the elec- from under its nose with the taxpayers tion officer’s recommendation has not Paying for the Teamsters to hold an paying the tab for the election. Guess election has not happened once. It has been approved by the court. I share the what? Now they are saying, ‘‘Well, we consternation of many people here happened twice. The question now is, don’t know but maybe we will have to Will it happen a third time because of about the timing of that election offi- have another election, and maybe the cer’s report of her findings concerning fraudulent elections, or is it in fact a taxpayers should pay again.’’ Ridicu- bill the American people have to foot that Teamster election. lous. It is time that we stopped this. It is clear that under the existing sit- in perpetuity? The Clinton FBI, not the Republican uation there is no order of the court. I’ve heard a great deal of talk about Congress, alleges that there was an in- Even the court hasn’t even considered a consent degree. I am not impressed tricate money laundering scheme pour- that recommendation, if we have one that a judge said that the people of this ing thousands of dollars from the union who has exercised severe bad judgment country, the taxpayers, should pay for treasury into union president Ron in terms of the timing of the announce- union elections. I am not impressed, Carey’s campaign. ment of her finding. And it is apparent whether it was a Republican or a Dem- Ladies and gentlemen, my col- that she could be overruled as to even ocrat administration, or which Justice leagues: This is a travesty. It is a trav- her findings. But the main thing is Department went along with it. This is esty that these elections are fraudulent that this is a bill that has nothing in it wrong. again and again. People around here pertaining to this matter. When the people find out the truth of forget that the Teamsters have even There now comes another one of our what is going on here, they will be in been thrown out of the AFL–CIO in the cause celebre riders that could well an uproar because we should not be past for such corruption. Now you add lose the product of this bill. paying for private union elections. to that equation more taxpayer fund- So that is the remarkable thing Mr. President, we have 14 appropria- ing. This won’t sell in America. tions bills to pass by this Senate before about this situation. That is why this The Nickles amendment should be September 30, 13 bills coming out of amendment has been offered—to set up adopted. a process to stop taxpayers’ money I yield the floor. conference, and one continuing resolu- being used to conduct union elections; Mr. SPECTER addressed the Chair. tion. That says that if we can’t send and more importantly, it sets up the The PRESIDING OFFICER. The Sen- them all to the President and get them process for taxpayers’ money to be re- ator from Pennsylvania. signed before the 30th, there will have paid. Mr. SPECTER. Mr. President, the to be a continuing resolution in any That is one of the key components of issue now pending exists on complexity event. In addition to that, we have this the amendment of the Senator from on a number of levels. bill and two other bills to pass. Oklahoma. It says that there will be a I agree with the remarks just made We are really going to be in appro- process whereby the Teamsters, if, in by our distinguished majority leader priations every day during this period fact, taxpayer dollars are involved, will that the American people ought not to of September. have to pay back in an agreed-to proc- pay for union elections. It is an open I have great respect for my friend ess with a plan to repay the cost of question as to how the consent decree from Oklahoma. But I have to say the these elections. The taxpayers of was entered into when it was, and why time to deal with this issue is when America paid $22 million for the last the U.S. Government entered into that and if the administration asks Con- Teamsters’ election; that is $45 per consent decree. But that is what we gress for money to pay for this elec- Teamster vote. face at the present time. tion. We don’t even know that there is As the Washington Times noted, ‘‘the My view is that we have a question of going to be a new election. If the court taxpayers were monumentally ripped judicial authority here which is para- rules there is to be a new election, S8804 CONGRESSIONAL RECORD — SENATE September 4, 1997 there is no authority in the Depart- lion—admittedly it came from the De- Congress—does Congress have the right ment of Justice or the Department of partment of Labor and the Department to withhold the money? The answer is Labor to use existing funds for that of Justice—to conduct this last elec- yes. I will read you the quote from election. They will have to come up tion. And they did a pretty crummy CRS. I will ask unanimous consent to here with a supplemental request. That job. We paid millions of dollars and we put the entire study into the RECORD. is the time we should deal with it. ended up with a corrupt election. But it says: I have to say that it is my feeling, I do not want that to happen again. Legislation enacted by Congress limiting very frankly, as chairman of the com- We talk about adherence to the con- or restricting the funds for the 1996 election mittee, that I would rather risk a sup- sent decree that was agreed to in 1989. would be a Federal law, and the Government plemental—an issue where we disagree I think my original amendment is in parties would be bound to take appropriate with the administration—than risk the adherence to the 1989 consent decree, action in reliance on that law. whole year’s bill. To my knowledge, because it said that the Teamsters will What are the consequences to the Congress of not appropriating all the funds necessary this is the only issue that would lead pay for the 1991 election. They paid for to supervise the 1996 IBT elections? this bill to be subject to a veto. it. And guess what. There was no com- There would appear to be no consequences So I really have to say, as I did to my plaint that it was a corrupt election. to the Congress. The consent decree does not friend from Oklahoma, that I disagree They paid for it themselves. You know appear to obligate the Government to super- with the Senator from Massachusetts, what. People are a lot more frugal with vise the 1996 elections, either directly or in- too; that I don’t think his amendment their own money. They are less likely directly. Rather, the decree embodies the is necessary, the amendment in the to steal from their own members. They consent of the union defendants to govern- second degree. And I don’t think it is are less likely to be corrupt maybe mental supervision. timely to raise the Nickles amendment with their own members’ money than We had governmental supervision in now. they would be with taxpayer money. 1991. We will in 1998. What I am saying What we need to do is get on with our So we had a 1991 election. Mr. Carey is let’s just not pay for the election. work and get this bill passed. We still won. Fine. And I don’t know that any- This is not a destitute group of individ- have the Interior bill, we have the Dis- body—there was an overseer in the 1991 uals. These are people who do quite trict of Columbia bill, and then we election. They did not allege fraud in well. Great. have all 13 bills to pass as conference that. So the 1991 election was done by I read something; they average $27 an reports, and then we have to pass a the Teamsters. They paid for it. They hour, about $50,000 a year. Fine. Why is continuing resolution. And it has a should have paid for it. They had a the Federal Government paying for the conference report, too. good election. No one said a thing. The election? We did not pay for the other So, if we want to be here all year 1996 election the taxpayers paid for. election. We did not pay for the 1991 working appropriations, then we can I will admit I did not know we paid election. Why would we pay for a rerun spend our time on these riders again. for it until I read about it. And when of the election? For me, there is no necessity for the did we read about it? Well, the overseer All I am trying to do is protect tax- second kick of a mule. I got kicked the of the election, she announced during, payers’ money. And my colleague is last time we had this problem on that or after the UPS strike—and that is suggesting, well, maybe somebody is supplemental. I don’t see any reason to the only thing UPS has to do with upset about the UPS settlement. That go through it again. this—she waited until after the UPS has nothing to do with it. I am of- I urge the Senate not to approve strike to announce that there was fended by that allegation. That is to- these riders that are controversial. fraud and that her recommendation tally ridiculous. All I am trying to do Every one of them has something we would be that we need a new election. is protect taxpayers. would like to have settled. And, if they Mr. Carey only won by a few thousand They had their strike. They had their are noncontroversial and we can work votes. She said that maybe there were settlement. And some people are run- them out, we should do it. But this is hundreds of thousands of dollars that ning around saying, ‘‘great victory,’’ a controversial matter. It is, obviously. were funneled in his direction and so and so on. So be it. I am just saying I am told that the Department of she thought a new election was war- you are not entitled to another $22 mil- Labor believes it is cheaper to pay for ranted. lion of taxpayers’ money. If the Team- the supervision of the election rather Fine. Let there be a new election. I sters pay for it—if it cost the Team- than to have to deal with many com- am just saying in the new election tax- sters maybe less than half an hour to plaints on the next election, if one is payers should not pay for it. We did not pay for their own election, they should ordered. pay for the one in 1991. It was a clean pay for it. So this is a very complicated issue. election. We paid for the one in 1996 I even went so far in the amendment From my point of view, it is not in- and there was corruption. A lot of to try to be fair. Some people said volved in this bill before us. I respect money was moved around. Let’s make make sure you put in language that no my good friend from Oklahoma in sure, if we have an election in 1998, it Federal funds be used to conduct the terms of his views about that election is not a corrupt election. election. You could use it to oversee officer, as I have said, and the timing That is the purpose. This bill funds the election, to supervise the election. of the release, but there is nothing be- the Department of Labor for 1998. Let’s We do that in Third World countries. fore us yet. The court has not approved make sure that taxpayer money is not We do that in new democracies, so that report. We are dealing with specu- used for this purpose. maybe we would spend a little money lation as to whether there will even be Somebody says, well, is this in com- to oversee the election. another election. So why tie up this pliance with the consent decree. I will I think that is fine, to have observers bill and tie up the Senate on an issue tell you the consent decree is silent on to try to monitor the election, to see that is premature, Mr. President, and I a rerun election. It does not say it. I that we would eliminate some of the urge the Senate to join me in voting read the consent decree two or three corruption, but we had corruption against both my friend from Massachu- times. It does not say anything about a when we had Federal funding because setts and my friend from Oklahoma. rerun. So maybe a judge would deter- people took some of the Federal money Mr. NICKLES addressed the Chair. mine, well, maybe taxpayers should and abused it. I am trying to make The PRESIDING OFFICER. The Sen- pay for it. Maybe a judge would not. sure that does not happen again. ator from Oklahoma. But wait a minute. Congress is sup- Do we have the constitutional right Mr. NICKLES. Mr. President, I heard posed to appropriate money, and we to do it? Absolutely. CRS said we do. the comments of my colleague from have opinions. If somebody says, well, The consent decree is silent on a rerun. Alaska, but basically what he is saying we are violating, we are stamping out Certainly we can do that. And my col- is we should not tell the Department of the consent decree, hogwash. The con- league from Alaska says the judge may Labor how to spend money. In this ap- sent decree does not say it. not even agree. We had the overseer, propriations bill we appropriate money I did not request this, but there is a who made $300,000 or $400,000 monitor- for the Department of Labor. In this Congressional Research Service study ing this election, find out it is corrupt, case they appropriated about $22 mil- dated May 1995, what would happen if withholds that information until after September 4, 1997 CONGRESSIONAL RECORD — SENATE S8805 the UPS strike and then says, oh, yeah, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a we are going to have a new election. I objection, it is so ordered. sufficient second? There is a sufficient didn’t want to tell anybody during the Mr. KENNEDY. I ask unanimous con- second. strike because it might have influenced sent to be able to proceed for 4 min- The yeas and nays were ordered. the strike one way or another. Oh, yes, utes. The PRESIDING OFFICER. The but we need a new election. The PRESIDING OFFICER. Is there question is on agreeing to the motion I am saying fine. If they need a new objection? Without objection, it is so of the Senator from Oklahoma to table election, I agree. If that’s her rec- ordered. the amendment. The yeas and nays ommendation, fine. I am saying tax- Mr. KENNEDY. Just two brief com- have been ordered. The clerk will call payers shouldn’t pay for it. Very plain ments. One with regard to the Congres- the roll. and simple. We can monitor it. We can sional Research Service. It is not true The legislative clerk called the roll. try to make sure it is not corrupt. But that section O of the consent decree Mr. NICKLES. I announce that the we should not pay for it. It’s that sim- permits the U.S. Government to avoid Senator from Arkansas [Mr. MURKOW- ple. We didn’t pay for the 1991 election. its legal obligations under the decree, SKI] is necessarily absent. They had a good election. Certainly we including its legal obligation to pay for Mr. FORD. I announce that the Sen- can allow an election in 1998, if there is supervision of the upcoming election. ator from Ohio [Mr. GLENN] is nec- to be an election. If there isn’t going to Section O is a general savings clause essarily absent. be an election, fine. My amendment retaining the right of the Government The result was announced—yeas 56, wouldn’t cost the taxpayers. I am try- to seek remedies against the defend- nays 42, as follows: ing to save the taxpayers money. So ants for misconduct. It was never in- [Rollcall Vote No. 217 Leg.] this amendment wouldn’t cost any- tended, nor can it be reasonably read, YEAS—56 thing. to override the remainder of the con- Abraham Enzi Lugar The very thought of my colleague sent decree. Allard Faircloth Mack who said maybe the administration Under the overbroad reading of sec- Ashcroft Frist McCain Bennett Gorton McConnell would veto it, wait a minute. You have tion O, the consent decree is meaning- Bond Gramm Nickles an appropriations bill that is actually less—the parties would have agreed to Breaux Grams Roberts hundreds of billions of dollars. They nothing, because section O would al- Brownback Grassley Roth are going to veto this bill because they ways undermine the original under- Burns Gregg Santorum Byrd Hagel Sessions want to protect the Teamsters from standing. This is an absurd reading of Campbell Hatch Shelby what? Paying for their own election. the provision. Chafee Helms Smith (NH) Give me a break. You have to be kid- It violates the basic rule of legal con- Coats Hollings Smith (OR) Cochran Hutchinson Snowe ding. How special interest could this struction that meaning must be given Collins Hutchison Stevens group be? I know I saw the Vice Presi- to the entire text of the decree. Coverdell Inhofe Thomas dent with the Teamsters on Labor Day, It has also been argued that under Craig Jeffords Thompson with thumbs up, and so on. But surely the decree the United States did not D’Amato Kempthorne Thurmond DeWine Kyl Warner they would not veto a bill that says need to insist on supervision of the Domenici Lott this group, which is pretty well com- election and therefore need not pay for pensated at an average—I guess truck- the election. This is also absurd—the NAYS—42 ers are making something like, I don’t United States did elect to supervise the Akaka Feinstein Lieberman Baucus Ford Mikulski know, $27 an hour, wages and benefits— election, and therefore must pay for Biden Graham Moseley-Braun surely they say taxpayers that make a the election. To say otherwise is to Bingaman Harkin Moynihan lot less than that should not be paying make the Federal Government a dead- Boxer Inouye Murray Bryan Johnson Reed for their election when the consent de- beat; a party to litigation weaseling Bumpers Kennedy Reid cree does not say that. The consent de- out of its legal duties. Cleland Kerrey Robb cree is silent, frankly, on election re- Mr. President, Senator STEVENS said Conrad Kerry Rockefeller runs. I can’t imagine that the adminis- it best when he talked about bringing Daschle Kohl Sarbanes Dodd Landrieu Specter tration would recommend vetoing a into this appropriation matters which Dorgan Lautenberg Torricelli bill over something that special inter- are not directly related to the appro- Durbin Leahy Wellstone est. priations. I have here the statement of Feingold Levin Wyden So, Mr. President, I think we have administration policy, September 2. I NOT VOTING—2 had adequate debate. I would just urge will read these provisions. Glenn Murkowski my colleagues to vote to table the Ken- The administration understands that a The motion to lay on the table the nedy amendment, and I move to table number of controversial amendments may be amendment (No. 1082) was agreed to. the Kennedy amendment. offered, such as an amendment to prohibit Mr. NICKLES. Mr. President, I move Mr. KENNEDY. Mr. President, will the use of funds in the act for supervising to reconsider the vote by which the the Senator withhold for 2 minutes? the Teamster’s election * * * The President’s senior advisers would be forced to rec- motion was agreed to, and I move to The PRESIDING OFFICER (Mr. BEN- ommend that the President veto the bill. lay that motion on the table. NETT). The motion to table is not de- batable. There are other provisions but that I The motion to lay on the table was Mr. KENNEDY. Mr. President, I sug- think supports what the Senator from agreed to. gest the absence of a quorum. I suggest Alaska has mentioned. AMENDMENT NO. 1083 TO AMENDMENT NO. 1081 the absence a quorum. I had hoped that we could have ta- (Purpose: To limit the use of taxpayer funds The PRESIDING OFFICER. The bled the whole proposal, and I would for any future International Brotherhood clerk will call the roll. have supported it. But nonetheless we of Teamsters leadership election) The assistant legislative clerk pro- don’t have that opportunity at this Mr. CRAIG. Mr. President, I have a ceeded to call the roll. time, so I hope that the proposal of the second-degree amendment which I send Mr. NICKLES. Mr. President, I ask Senator from Oklahoma to table the to the desk. unanimous consent that the order for measure would not be agreed to. And if The PRESIDING OFFICER. The the quorum call be rescinded. that were the case, I would not object clerk will report. Mr. KENNEDY. Mr. President, I ob- to tabling the whole proposal and get The legislative clerk read as follows: ject. on with the business of the appropria- The Senator from Idaho [Mr. CRAIG], for The PRESIDING OFFICER. Objec- tions. himself, Mr. NICKLES, and Mr. JEFFORDS, pro- tion is heard. I yield the floor. poses an amendment numbered 1083 to The assistant legislative clerk con- Mr. NICKLES addressed the Chair. amendment No. 1081. tinued with the call of the roll. The PRESIDING OFFICER. The mo- Mr. CRAIG. Mr. President, this sec- Mr. KENNEDY. Mr. President, I ask tion to table is not debatable. ond-degree amendment—— unanimous consent that the order for Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. The the quorum call be rescinded. for the yeas and nays. clerk has not concluded reading. S8806 CONGRESSIONAL RECORD — SENATE September 4, 1997 Mr. CRAIG. Mr. President, I ask What we have here, of course, is the ment can have some oversight and be unanimous consent that the reading of fundamental question that has been involved in monitoring the election, the amendment be dispensed with. brought by the Senator from Okla- trying to make sure there is not cor- Mr. KENNEDY. Objection. Can we homa: Who should pay for the elections ruption in the election. We should not have the reading of the amendment? It of a private union? have to pay for it. has not been distributed to the Mem- The question fundamentally put be- Mr. CRAIG. In other words, if Team- bers. It seems to me we ought to have fore this Senate is very simple for all sters were concerned, and there was at the amendment read. of us. Should it be the taxpayers or issue here corruption in the last elec- The PRESIDING OFFICER. The should it in fact be the union? I think tion, and therefore a reelection to get clerk will continue to read. we are concluding here that it should rid of that corruption, or at least to Mr. KENNEDY. May we have order? be the union in this instance. The tax- have an outcome that all would be sat- Mr. WELLSTONE. Mr. President, payers have done what they should do isfied with, we could still have the De- may we have order, please? in this instance and should do no more. partment of Labor and/or Justice in- The PRESIDING OFFICER. The I yield the floor. volved in overseeing the rerunning of point is well taken, the Senate is not Mr. NICKLES addressed the Chair. this election, and your amendment in order. The clerk will continue to The PRESIDING OFFICER. The Sen- does not prohibit that? read. ator from Oklahoma. Mr. NICKLES. The Senator is exactly The legislative clerk read as follows: Mr. NICKLES. I rise in support of the right. Strike all after the word ‘‘Section’’ and in- amendment offered by my colleague Mr. CRAIG. I thank the Senator. sert the following: from Idaho. Mr. NICKLES. Mr. President, one (a) IN GENERAL.—Except as provided in Mr. President, let me just clarify final comment. subsection (b), none of the funds made avail- again, some of our colleagues were not We talk about this money, and people able under this Act, or any other Act making aware of the taxpayers’ support for the say, ‘‘Big deal.’’ We are talking about appropriations for fiscal year 1998, may be $22 million. The Federal subsidy for used by the Department of Labor or the De- last election. I told a couple col- leagues—they said, ‘‘How much did we Presidential campaigns is what? $71 partment of Justice to conduct a rerun of a million for a general election. That is 1996 election for the office of President, Gen- spend?’’ We spent $22 million; some people said more. The union has 1.4 the amount of money that Senator eral Secretary, Vice-President, or Trustee of Dole received; that is the amount that the International Brotherhood of Teamsters. million members. A little less than Clinton-Gore received from the tax- (b) EXCEPTION.— 500,000 voted. And $22 million is a lot of payers. This is one-third as much. That (1) IN GENERAL.—Upon the submission to money. And a lot of money was wasted amount of money was for the entire Congress of a certification by the President or maybe abused. It was abused, frank- of the United States that the International country. We are talking about 1.4 mil- Brotherhood of Teamsters does not have ly, because it was taxpayers’ money. lion people, and only 500,000 or less funds sufficient to conduct a rerun of a 1996 That did not happen when it was their voted last time. election for the office of President, General own union money. I mention, every Should taxpayers be liable for $22 Secretary, Vice-President, or Trustee of the other union in the country uses their million, or more? I do not think so. So International Brotherhood of Teamsters, the own money for their own elections, as this amendment tries to protect tax- President of the United States may transfer they should. payers. That is all it does. It tries to be funds from the Department of Justice and So, again, I urge my colleagues to the Department of Labor for the conduct and fair to Teamsters and does not get in- adopt this amendment. This is not an volved in who should win in any way, oversight of such a rerun election. unfair amendment. This even says that (2) REQUIREMENT.—Prior to the transfer of shape, or form. It does not have any- funds under paragraph (1), the International we can still use taxpayers’ money. If thing to do with the UPS strike what- Brotherhood of Teamsters shall agree to for some reason the Teamsters do not soever. repay the Secretary of the Treasury for the have the money, they can borrow The only involvement of the UPS costs incurred by the Department of Labor money from the Federal Government. strike was the fact that they found out and the Department of Justice in connection They just have to pay it back. It hap- there was a corrupt election, and that with the conduct of an election described in pens to be, in my opinion, consistent information was withheld until after paragraph (1). Such agreement shall provide with the consent decree because the the strike was over. I am just saying, that any such repayment plan be reasonable and practicable, as determined by the Attor- consent decree is silent. The word let us just make sure that taxpayers do ney General and the Secretary of Treasury, ‘‘rerun election’’ is not mentioned in not get stuck again. We got stuck in and be structured in a manner that permits the 1989 decree. 1996. It was a corrupt election. Let us the International Brotherhood of Teamsters So what we are trying to say is, in fu- not let it happen again for future elec- to continue to operate. ture elections they should pay for it. tions. (3) REPAYMENT PLAN.—The International We can still have Federal Government Mr. President, I yield the floor. Brotherhood of Teamsters shall submit to monitors. We can still have some over- Mr. KENNEDY addressed the Chair. the President of the United States, the Ma- sight to try to make sure it is not The PRESIDING OFFICER. The Sen- jority and Minority Leaders of the Senate, abused, as that last election was. Tax- ator from Massachusetts. the Majority and Minority Leaders of the payers were abused as well as Team- Mr. KENNEDY. Mr. President, as two House of Representatives, and the Speaker of Senators have indicated, this is basi- the House of Representatives, a plan for the sters last time. So I urge my colleagues to support cally a restatement of the Nickles repayment of amounts described in para- amendment. The Senator from Okla- graph (2), at an interest rate equal to the this amendment. Federal underpayment rate established Mr. President, I ask for the yeas and homa indicated earlier in the course of under section 6621(a)(2) of the Internal Reve- nays on the amendment. the debate that he was not interested nue Code of 1986 as in effect for the calendar Mr. CRAIG. Would the Senator yield? nor did he want to interfere with the quarter in which the plan is submitted, prior The PRESIDING OFFICER. Is there a consent decree that had been signed in to the expenditure of any funds under this sufficient second? 1989. section. There is a sufficient second. I offered an amendment to make sure (c) This section shall take effect one day The yeas and nays were ordered. that that would be the case, by neither after enactment of this Act. Mr. CRAIG addressed the Chair. requiring the payment of taxpayers’ Several Senators addressed the The PRESIDING OFFICER. The Sen- funds to be used in a subsequent elec- Chair. ator from Idaho. tion nor prohibiting funds to be used. The PRESIDING OFFICER. The Sen- Mr. CRAIG. Would the Senator from The principal issue that is before the ator from Idaho. Oklahoma yield for a question? Senate is whether we are going to Mr. CRAIG. Mr. President, the sec- Mr. NICKLES. Certainly. interfere with a judicial proceeding ond-degree amendment clarifies a few Mr. CRAIG. Does your first-degree that is before the Southern District points in the first-degree amendment. amendment prohibit the Government Court of New York in which briefs are As you noticed, the clerk read section from overseeing the rerunning of an required to be filed on September 17. (c) which merely discusses time of en- election? This agreement, this consent decree, actment and time in which the pro- Mr. NICKLES. The answer to the is not the result of the Clinton admin- posed amendment would take effect. Senator’s question is no. The Govern- istration or the Clinton Department of September 4, 1997 CONGRESSIONAL RECORD — SENATE S8807

Labor. This consent decree was initi- Senator from Alaska, Senator STE- ditional briefs—September 17—to be ated by Mayor Giuliani in 1988 and VENS, said we should be about the fact submitted in the district court of New agreed to in the Federal District Court of having an appropriations and move York on this very issue with regard to of New York in 1989 and approved by a the appropriations process forward and the recent election. This is a consent Republican Attorney General. They un- should not become involved in these decree that is ongoing and is continu- derstood the powers which were being extraneous issues. ing. included in that consent decree. They There will be those comments later What we are being asked is effec- understood fully what was being agreed on, I am sure, probably not too long tively to have legislative interference to. The record demonstrates that. We from now, about how some Members into a judicial proceeding. That case can have a chance to go through that are delaying the completion of the ap- was made very clearly, I thought, and in greater detail if there really is a propriations bill, when we took an hour convincingly by Senator SPECTER and question by the Members on that par- last night to consider the issues of others, that there is a clear constitu- ticular fact. They understood the range fetal transplantation, which is an issue tional issue about separation of pow- of authority and responsibility as a re- that has been debated and debated and ers. I think it is very clear from the ad- sult of that particular agreement. debated and debated, in which this ministration’s letter that this will This was based upon some 30 years of body had gone on record time and time open this measure to a veto. I certainly various activities by the Teamsters again, and we debated that over the believe that it should, since it is a and the resulting initiative by Mr. course of the morning, which was basi- clear violation of the separation of Giuliani, who was the U.S. attorney in cally an extraneous issue, and now we powers. New York trying to bring a resolution have been debating over the course of We were not either requiring, under to a great deal of the challenges, the the afternoon about this issue which is the amendment that we had, that there difficulties, and the corruption that extraneous to the appropriations proc- be an expenditure of public funds or had been a part of the Teamsters in the ess and procedure. not. We are not trying to give guidance past. The statement of the administration to the court to make a judgment. That So now we have had intervening ac- with regard to this legislation is very judgment ought to be made on the tivities under that consent decree. But clear. I will read it again: Unfortu- basis of the facts and the briefs that that consent decree has not been con- nately, the administration understands are submitted to it. cluded. As I mentioned, that consent that a number of controversial amend- Mr. SARBANES. Will the Senator decree is active, and it is very much ments may be offered, such as an yield further for a question? alive. amendment to halt the testing initia- Mr. KENNEDY. Yes. I did not hear the voices of those who tive, an amendment to prohibit the use Mr. SARBANES. It is my understand- are so troubled this evening complain- of funds in the act for supervising the ing that the consent decree left open ing about that consent decree in 1988 or Teamsters’ election. that question and placed the power to 1989. I did not hear the voices that are That is what this amendment does. It decide it in the court; is that correct? speaking on the floor of the U.S. Sen- effectively undermines the court’s Mr. KENNEDY. The Senator is cor- ate tonight that are concerned about flexibility in terms of the supervision rect. how the consent decree was going to be of the Teamsters election. Mr. SARBANES. This amendment implemented, saying that we will agree Mr. SARBANES. Would the Senator would, in effect, negate that aspect of to a certain part of the consent decree yield for a question? the consent decree, would it not? but we will not agree to other provi- Mr. KENNEDY. Yes. Mr. KENNEDY. The Senator is cor- sions of it. That was not the case. Mr. SARBANES. Doesn’t, in fact, rect. The only initiative, and the new ini- this amendment undercut the consent Mr. NICKLES. Would the Senator tiative, to somehow interfere with this decree? The consent decree leaves yield? consent decree comes 2 weeks after the open, as I understand it, the possibility Mr. SARBANES. For a question. UPS and Teamsters strike, which was a that the supervision of this election Mr. NICKLES. If you read page 16 of strike for some 15 days and which re- will be done by public funds. It does the consent decree, it does not mention sulted in the protection of certain not say that it will be, but it leaves ‘‘rerun.’’ We are not affecting or chang- rights of American workers, the 185,000 open that possibility. This amendment ing the consent decree in any way. workers that were working for UPS, closes out that possibility. It closes out Mr. SARBANES. Yes, you are; be- and other rights in terms of part-time that possibility. That possibility was cause the consent decree opens the pos- workers and other issues involving pen- part of the consent decree. It was left sibility that the court will require that sions. to the judgment of the court whether, the election be paid for with public There are those who say, ‘‘Well, this in fact, that remedy will be used. Is funds. It does not say that it will, but is completely coincidental. This is that not the case? it does not say that it will not. It really just here today. We just feel it Mr. KENNEDY. The Senator is cor- leaves open that option to the court. now in our bones that the fact that it rect. You are denying that option by your is just after the successful UPS strike Mr. NICKLES. Will the Senator amendment and, therefore, undoing the has nothing to do with it. And the in- yield? consent decree. dignity which has been demonstrated Mr. KENNEDY. With the understand- How do you expect people to enter on the floor of the U.S. Senate to sug- ing of the Justice Department that into a consent decree? gest that there might be some kind of that may very likely or probably be Was it 30 years they spent trying to correlation between the fact that this utilized. work out a consent decree, did the Sen- amendment is being offered now today, Mr. SARBANES. Wasn’t this consent ator say earlier? tonight on this appropriations bill, is decree approved by the Justice Depart- Mr. KENNEDY. Thirty years that startling to me.’’ It speaks for itself. ment? this was a matter. The facts speak for themselves. The Mr. KENNEDY. Approved by the Re- Mr. SARBANES. A consent degree facts speak for themselves. I think the publican Justice Department under that was involved with the Bush ad- Members in this body understand what Secretary Thornburgh, who embraced ministration, approved by Attorney is going on here. and endorsed and supported it, this General Thornburgh, actually carried As has been pointed out by Members consent agreement, that was initiated out, I take it, by U.S. Attorney on the other side—Members on the by now Mayor Giuliani, who was the Giuliani at that point. other side—this is a judicial process, Republican U.S. attorney in New York Mr. KENNEDY. That is correct. judicial proceeding, and it should not City. Mr. SARBANES. Of the Southern be altered or changed. That was a Re- Mr. SARBANES. So this amend- District of New York. publican Senator, Senator SPECTER, ment—— Now we are coming with an amend- who pointed that out very effectively Mr. KENNEDY. If I could further re- ment to undo this process. and very well. And we have the state- spond, the consent decree required, as Mr. NICKLES. Will the Senator ments of others on the other side. The of September 17, the submission of ad- yield? S8808 CONGRESSIONAL RECORD — SENATE September 4, 1997 Mr. KENNEDY. I yield for a question. ernment to fund part of the election of- to undo the consent decree at a time, Mr. NICKLES. I am happy to tell my ficer’s supervision in some ways. It as I understand, that the court, 2 weeks colleague that in reviewing the consent may be limited, maybe to that elec- from yesterday, will be receiving briefs agreement we did not undo anything. tion, or it may require the union to do on this very issue of the election, is The consent decree does not say any- so, or it may require each party to bear that correct? thing about a rerun election. It says some of the costs. All of that is out and Mr. KENNEDY. The Senator is cor- that the Teamsters will pay for the all of that is possible. rect. 1991 election and it says taxpayers will The point is we do not know how the Mr. SARBANES. If ever there was an pay for the 1996 election. It does not court will rule. We don’t know how the instance of trampling in on the part of say anything about who will pay for a court will rule, but this amendment the Congress and in effect, undoing an subsequent election. We are trying to now would tell the court that regard- arrangement that was very carefully clarify that. less of its ruling, regardless of its rul- and elaborately worked out and, in We had 56 votes who say the tax- ing, the Government will not be per- fact, done so by now Mayor Giuliani payers should not, that the Teamsters mitted to fund any of the election. but then U.S. Attorney Giuliani in the should. I think that is consistent with Even if the consent order requires the Southern District of New York, ap- the consent decree. Government to pay for part of it, the proved by the Department of Justice, I might mention, the CRS just stud- amendment would refuse to permit headed by Richard Thornburgh, and ied this, and whose legal analysis I will that. Thus, the amendment would held out by President Bush as a major refer to again, says the Congress has interfere with an ongoing judicial proc- accomplishment. the right to do this, period. ess. I thank the Senator for yielding. Mr. SARBANES. I ask the Senator Effectively, the amendment, I believe Mr. KENNEDY. I thank the Senator from Massachusetts, my understanding would force the Government to be in a for his comments because they make was that the 1996 election was never position of reneging on this consent de- the case extremely well and effec- certified. cree. It would, I believe, leave the Gov- tively. Mr. KENNEDY. The Senator is abso- I suggest the absence of a quorum. ernment subject to a contempt cita- The PRESIDING OFFICER (Mr. lutely correct, so it is still an open tion. I think you can make a strong BROWNBACK). The clerk will call the question. That is a basic and fun- case at that time if we were to take roll. damental point. That 1996 election has this kind of action that the Govern- The bill clerk proceeded to call the never been certified. ment itself would be liable to a con- roll. Mr. SARBANES. So the rerun they tempt citation. Mr. NICKLES. Mr. President, I ask are talking about would in effect flow Mr. SARBANES. Will the Senator unanimous consent that the order for out of the 1996 election, does it not? yield? the quorum call be rescinded. Mr. KENNEDY. The Senator is cor- Mr. KENNEDY. I yield. The PRESIDING OFFICER. Without rect. It is not necessarily a require- Mr. SARBANES. In fact, as I under- objection, it is so ordered. ment for a rerun. We do not know what stand it, part of the consent order was Mr. NICKLES. Several comments the judge is going to require. The judge a consent by the union to have the 1996 were made that we are vitiating the may require a rerun. The judge may election supervised by an election offi- consent decree. Totally false. I will tell not require a rerun. All we are saying cer, is that not the case? my colleagues, you can read the con- is that we are not going to interfere in Mr. KENNEDY. That is correct. sent decree, it does not say anything the prerogatives of the consent agree- Mr. SARBANES. Of course, part of about a rerun election. The consent de- ment which has been agreed to by the that was that would be done at Govern- cree did say that the Teamsters would various parties who had a clear under- ment expense, to supervise the 1996 pay for the 1991 election and taxpayers standing about what the powers were election? In other words, what the Gov- would pay for the 1996 election. for the various parties. ernment was getting out of this at the The Teamsters came out very well. Mr. MCCAIN. Will the Senator yield? time was continued supervision of They got a nice gift, $22 million, maybe Mr. KENNEDY. I yield. Teamster elections, and part of the more, which is over about $45, maybe Mr. MCCAIN. I am reminded of the consent decree was that the super- $50 per person as the cost to the tax- words of the wonderful Mo Udall who vision of the 1996 election, extending payers of this vote. That is pretty high. said, ‘‘Everything on this subject that well beyond the 1991 election, would be Some of us do not think we should do could possibly be said has been said, done at Government expense, is that it again. only not everybody has said it,’’ and I correct? Maybe I was asleep at the switch in wonder if we had any time that we Mr. KENNEDY. The Senator is cor- 1989. It happened. Nobody objected. might want to conclude this debate rect. And in 1991, since the Teamsters paid since I do have a couple of pending Mr. SARBANES. Now the consent de- for it, it never came up. I was not amendments that I would like to ad- cree remains silent on the question of a aware of it until after the 1996 election dress tonight. rerun of that election since it has not and we found the abuse. It is an abuse Could the Senator from Massachu- been certified. This amendment would, on the Teamsters and on the taxpayers setts give me an idea as to perhaps in effect, deprive the court of an option and should not be repeated. That is the when we might be able to move on? that is now available to it, an option reason we have the amendment before Mr. KENNEDY. As long as this mat- that, in fact, was left open by the con- the Senate. ter is before the Senate I think we are sent decree. This is simply undoing a We do not vitiate the consent decree. going to have an opportunity to talk consent decree. You will never get con- We say in the future, judge, we know about it. There are more Members here sent decrees. the consent decree is silent. It does not now than there were earlier. I would The Bush Administration held out say who should pay for it. not object to setting this aside to con- the accomplishment of this consent de- Now, frankly, if you read the Con- sider other measures. That is not my cree as a major achievement, is that stitution it says Congress shall have idea of delaying. If it were to be set not correct? the power to appropriate money. It aside, I would not object to that proc- Mr. KENNEDY. The Senator is abso- does not say ‘‘an unelected judge.’’ It ess. lutely correct. does not say a judge, where a consent However, if we are going to be on this Mr. SARBANES. In 1989? decree is silent, has the power to go in amendment, there are both speakers Mr. KENNEDY. Correct. and mandate something, like mandat- and additional points that I think Mr. SARBANES. Did not the Presi- ing U.S. taxpayer funds. Some of us ought to be made. dent and the Attorney General hold it think elected officials should make Mr. MCCAIN. I thank the Senator. out as a major accomplishment? that decision, not unelected judges. Mr. KENNEDY. So, as the Senator Mr. KENNEDY. The Senator is cor- We are stating that in the future if from Maryland has pointed out, the rect. there is another election, let the Team- court may order the election to be run Mr. SARBANES. Now, our colleague sters pay. This is not a group of indi- or it may not. It may require the Gov- from Oklahoma and others are trying viduals that cannot afford it. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8809 Mr. SARBANES. Will the Senator I am not undermining that because and the Constitution, to control Fed- yield? the consent decree touched two elec- eral funds. I think we should make it Mr. NICKLES. I am happy to yield to tions, for my colleagues’ information. very clear that in any subsequent elec- the Senator. It touched the 1991 election and tion the Teamsters should pay for their Mr. SARBANES. Does the Senator touched the 1996 election, and it did own election. Every other union in the feel the election should be supervised both elections differently. I hope my country pays for their own elections. by an election officer? colleague will realize that, and if he They should do so. Mr. NICKLES. I tell my colleague my reads the consent decree he will see Incidentally, when you look at the thought is it should be handled the way that is the fact. 1991 election, which they paid for, it it was in 1991. We had Federal super- It said in 1991 the Teamsters paid for was a good election. Then look at the vision and observation of the election the election with some Federal super- election where the taxpayers put in $22 in 1991 but the cost of the election was vision. In 1996 it said we will have Fed- million; it was a corrupt election. That borne by the Teamsters. eral supervision and taxpayers pay for should tell you something. Federal Mr. SARBANES. But the consent to it. It does not say anything about a funds don’t automatically mean you have an election officer was provided rerun. I am just saying on the rerun we are going to have clean elections. We for by the Teamsters in the consent de- should not pay for the election. We can can still have oversight. We have over- cree. Do you not ordinarily have an still have supervision but we should sight in Third World countries where election officer to supervise an elec- not pay for it. That simple. our Government is involved in bringing tion? Mr. HARKIN. Will the Senator yield? people in, whether it’s President Carter The Senator says—— Mr. NICKLES. I am happy to yield to or others, to help oversee and make Mr. NICKLES. I have the floor. the Senator. sure elections are clean and upright. Let me correct you. What I said, the Mr. HARKIN. As I understand it, this Don’t get me wrong. The Mafia has way I hope it would be done is the way election has not been certified. That been very involved in the Teamsters, it was done in 1991. You had Federal su- has been brought out in the debate, and and they have been for decades. I want pervision, you had Federal observers, therefore we are still operating under them to be out. I want the union to be you had Federal monitors, but you did the election of this year. As I under- clean. I want people to be able to vote not have taxpayers paying $22 million stand it further, the Senator can cor- and elect their representatives. It is for the election in 1991, and you had, in rect me if I am wrong, that this finding kind of embarrassing, despite all this 1991, an election that had Federal ob- of this election overseer now goes to a money, when you have a union of 1.4 servers stating that they thought this judge, the judge will make a decision million people and only 400-some-odd- was a fair, clean election. That is what as to whether or not to have a rerun of thousand voted in the last election. I I want. I want the Teamsters to have a the election and, further, cannot that don’t think the U.S. taxpayers should fair, clean election and I do not want judge then decide who should pay for have to take the hit for paying for it to the taxpayers to take another ride for it, also? the tune of $22 million. $22 million. Mr. NICKLES. I am happy to re- Mr. KYL. Mr. President, will the Sen- If we followed the thought that you spond. The consent decree does not say ator yield for a question? and Senator KENNEDY have, you could who would pay for the next election. Mr. NICKLES. I am happy to yield. have another corrupt election, tax- Now, the judge may interpret that the Mr. KYL. Let me ask this question of payers would be out another $20 or $30 judge has the authority. I do not think the Senator from Oklahoma. Since this million, an observer could receive an- they do, but that remains to be seen. is boiling down to a question of wheth- other $400,000 for saying, ‘‘Oops, it was What our amendment would do would er the taxpayers of the United States corrupt again,’’ and we could do it be to clarify, ‘‘Judge, you can make should pay for a union election or again and again and again. your order, but Uncle Sam or the tax- whether the union should pay for its Taxpayers have been taken for a ride payers are not going to pay for the own election, why was it that the con- once, we should not be taken for a ride next election.’’ sent decree that some of our colleagues again. Mr. HARKIN. Will the Senator yield? seem to be focusing so much attention Mr. SARBANES. Will the Senator I have a question whether or not this is on was entered into in the first in- yield for a question? premature. Why not wait until the Mr. NICKLES. I am happy to yield to stance? Why was the U.S. Government courts take their action and see what the Senator. involved in dealing with the Teamsters Mr. SARBANES. Well, in fact, what has happened before the Senate then Union in the first instance? And why the taxpayers got out of the consent operates. Obviously, it will happen in was it that a special officer to oversee decree was the use of the election offi- the next few weeks, I assume, and then the election had to be assigned for cer for the 1996 election. the Senate can work its will after the that, or the parties agreed to have that The Senator seems to proceed on the judge makes a decision. officer oversee the election to ensure premise that having an election officer Would that not be a reasonable that it would be a fair election? Why to supervise the election is the normal course to take? was the U.S. Government obligated to course of events. That is not the case. Mr. NICKLES. I do not think so for provide these funds for this labor One of the things that was negotiated this reason: One, because I think the union, for a private labor union elec- in the consent decree was getting an Congress of the United States was tion? election officer for the 1996 election. elected to appropriate the money, not Mr. NICKLES. I will read a state- Let me read from the consent decree. an unelected judge in New York; and, ment that came from the Department Mr. NICKLES. Is that a question? two, this is timely because this is an of Justice, on page 2: ‘‘Because of the Mr. SARBANES. I will ask a ques- appropriations bill for 1998. If the elec- deep entrenchment of La Cosa Nostra tion. tion is ordered, it will be for 1998. I in the Teamsters electoral process, the ‘‘The union defendants consent to the think, instead of allowing the Depart- consent decree gave the Government election officer at government expense ments of Labor and Justice and this and the IBT the option to have the IBT to supervise the 1996 IBT elections.’’ administration, who has very close ties election supervised by a court-ap- Now, that represented a major con- with this particular union and might pointed officer.’’ cession by the union in the consent de- like to give them a $22 million gift—I It is because of the mob influence cree to place themselves under an elec- don’t think we should do that. So in that has been with this union for a long tion officer. Part of the consent decree this bill we are appropriating for next time. I want it to be out. Hopefully, it was, obviously if they were going to do year, I think we should make it very is out. Obviously, there was still some that, that the costs of the election offi- clear that the taxpayers got the shaft corruption in the last election, which cer would be paid by the Government and so did the Teamsters out of this had a lot of taxpayer funding. The fact and you are undoing that aspect of the last $22 million, and it should not hap- that the taxpayers had funds in it consent decree. pen again. didn’t clean it up. That is my point. Mr. NICKLES. Mr. President, since I We clearly have the constitutional Mr. KYL. If I could ask this question. have the floor I will make a comment. prerogative and right, as stated by CRS So the reason that my constituents in S8810 CONGRESSIONAL RECORD — SENATE September 4, 1997 Arizona had to help pay for this union cree altogether after the 1991 election. Mr. NICKLES. We had an overseer in election is because of past fraud and al- Part of the arrangement, in order to the 1991 election, but it didn’t cost $22 leged illegal conduct of the union. That get the consent decree, was that the million. We ought to be able to have is why they are having to pay for this election officer would be, at Govern- one in the 1998 election and not have it union election, or why they paid for ment expense, appointed to supervise cost taxpayers $22 million. The over- the last union election; is that correct? the 1996 election. Now, that is the elec- seer costs almost $400,000 for that one Mr. NICKLES. That’s correct. Obvi- tion that is in question. That is the position. That is a lot of money. I don’t ously, the fact that they paid $22 mil- election that has not been certified. I have too many constituents that make lion didn’t guarantee a clean election. mean, you act as though the involve- that kind of money—$175 an hour. We Mr. KYL. Obviously. The last ques- ment of public moneys did not achieve had a lot of supervision and still had a tion I ask is, why, if it is the union’s a public objective. corrupt election. We can still have su- elected officials’ fault that the tax- What was the Bush administration pervision, but we should not pay for it. payers had to spend this money in the thinking about, and what was Attorney We had a clean election in 1991. We first instance because they had allowed General Thornburgh thinking about, to should not have to do this again in the fraud and alleged corruption to support a consent decree that provided 1998. come into the union and tossed out the that the Government would pay for the Mr. SARBANES. I say to my col- ability of the union to conduct its own 1996 supervised election? Obviously, league that that is not the consent de- election on behalf of its members, why, what they were thinking about is they cree which the Bush administration ap- once the taxpayers paid for an election, would get an election officer to super- proved and which they presented for- should they have to pay for it a second vise the 1996 election, so they would ward as a major accomplishment. That time? The taxpayers didn’t do anything carry the supervision of the Teamsters is an interesting argument, but the wrong; it was the union officials. beyond the 1991 election. Senator should have used it in 1989, at Mr. NICKLES. I agree. That is the Now you are coming in and you want the time the Bush administration sanc- purpose of the amendment. We have a to undo this arrangement. My view is, tioned this consent decree. Otherwise, majority—I think we have one, or I be- you are intervening in an established you never would have had an election lieve we will have a majority when we court procedure under the consent de- officer for the 1996 election. It is treat- vote, and I hope that we vote on the cree. Second—and I suggest that people ed as though that is a normal course of amendment in the not-too-distant fu- stop and think about this very care- events. That is a major part of the bar- ture. fully—you are running the very high gain that was reached in the consent Mr. SARBANES. Mr. President, I risk that you will enable the Team- decree, keeping an election officer. The want to respond to the questions put sters to come out from under the con- other part of the bargain was that the by the Senator from Arizona. The Sen- sent decree, as far as having an elec- Government would pay the cost for the ator seems to proceed on the premise tion officer is concerned. The people on supervised election. that you are entitled to have an elec- the other side will certainly say that Mr. BINGAMAN. Will the Senator tion officer to supervise a union elec- other unions pay for their elections; yield? tion, although he referred to them as the Government doesn’t pay for their Mr. SARBANES. I yield for a ques- ‘‘private unions’’ and said, ‘‘Why are union elections. That is true. But they tion. we paying for this with public funds?’’ don’t have an election officer to super- Mr. BINGAMAN. It strikes me that Now, the deal that was made in 1989 vise it either. the job of Congress is to appropriate by the Bush administration and by At- In fact, the other side referred to this funds for the Federal courts to admin- torney General Thornburgh was that as private elections on the part of the ister justice as best they see fit. I am the 1991 election would be held with an union. Those private elections on the wondering why we are trying to wade election officer, paid for by the union. part of other unions are not supervised in and specify how this particular Fed- The Government obviously wanted to by election officers. With respect to eral judge administered the implemen- have an election officer in the picture the Teamsters elections, given the cor- tation of the consent decree which has in the next election, the 1996 election. ruption we were trying to deal with, we been entered in his court. It strikes me But part of the consent decree was, if thought it imperative to have an elec- that we have Federal courts all over the election officer was going to be in tion officer. They got an election offi- the country and we have consent de- the picture for the 1996 union election, cer in 1991 for that election. The union crees in place in hundreds, perhaps the cost of that election was going to paid for that election as part of the thousands, of cases all over the coun- be paid for by the Government. Now, consent decree. But the Bush adminis- try. Here we are, singling out one of you all talk about how anxious you are tration obviously wanted to supervise those cases and saying we are going to to keep the influence of the mob out of the next election as well, in order to step in and specify how a Federal judge the union. I certainly subscribe to ensure that they didn’t revert back to in the future should implement the ad- that. But what you are doing by this past practices. ministration of that consent decree. It amendment is you are setting up the Part of getting an election officer for just seems to me that we are micro- possibility that the union can conduct the 1996 election was that the Govern- managing, in the worst possible way, its election without an election officer ment assumed the cost of that super- and really stepping into an area that because it is out from under the con- vision. Now, that election has not been the Congress should stay out of. sent decree. The consent decree re- certified. It still remains an open ques- We should get on with the business quired the 1996 election to be done with tion, and that is the very matter on that we were given to do under the an election officer. That election has which the judge will be holding these Constitution, which is to pass appro- not been certified. It is that election hearings in less than 2 weeks’ time. priations bills, and we should let the about which there are questions, which Now we come in here and are sort of, in courts administer the cases that are the judge is now going to hear. Now, effect, trespassing on this whole ar- before them. I ask the Senator from you are going to come in and, in effect, rangement, portraying it as though Maryland if he would agree with that undo part of the consent decree. I sim- there was no return to the Government basic view. ply point out to you that it carries for the arrangement. The Government Mr. SARBANES. I think the Senator with it the very high risk that an elec- got the use of election officers in order makes a very valid point, but I will tion officer will no longer be required. to supervise these elections. I mean, take it a step further. By meddling That is how the Bush administration the Senator ought to want election of- into this, we may well make it possible got an election officer for the 1996 elec- ficers to continue—— for the Teamsters to come out from tion, through the consent decree. They Mr. NICKLES. If the Senator will under the consent decree with respect got it for 1991, and they got it for 1996. yield—— to the use of an election officer to con- The Bush administration obviously Mr. SARBANES. And not provide a duct the election. wanted an election officer in the 1996 way for the union to come out from I ask my colleagues on the other election. They didn’t want the Team- under the consent decree and the elec- side, is that a result they want? Do sters out from under the consent de- tion officer. they want the Teamsters to be able to September 4, 1997 CONGRESSIONAL RECORD — SENATE S8811 conduct an election without the use of Mr. FORD. Can the Senator help me Mr. FORD. Will the Senator yield for an election officer? a little bit in the position that I find an additional question? Mr. NICKLES. I just say I would like myself? We are sitting here with the Mr. SARBANES. Certainly. to have it where we would have super- Federal judges—almost 100 vacancies Mr. FORD. Am I right if what I see vision, like in 1991. I don’t think we around the country. And they have to here is that we are trying to say that have to give a $22 million gift to the pass a litmus test before we can ever this is a bad union here that is going to Teamsters to have an election. It is a get them to the floor so we might ap- get taxpayer dollars to have an elec- big union and a nice group of people. prove them so that justice might be tion? So, therefore, we are going to They ought to be able to elect their done and not delayed. Now we find this interfere. The issue is emotional. No leaders, and we should not have to give amendment before us saying that we question about it. But we are going to them a $22 million gift in the process. want to interfere in the courts that are interfere with the courts, and we will We can do it like we did it in 1991. already there. diminish the courts. Isn’t it time for Mr. SARBANES. I observe to the My fear is that democracy, as we thoughtful people to try to protect the Senator that the only reason you got know it, is being deleted, in my opin- judiciary here so that even though the that supervision was because of the ion, because of the meddling with the question may be sensitive it may be a consent decree. The reason you had an Federal courts and the delay of the ap- tough vote—we have had tough votes election officer in 1991, and the reason pointment of judges and the inter- before. A lot of times they are not easy you had one in 1996 was because of the ference of statutory provisions that votes. But this is one I think we have consent decree. You don’t automati- would tell the judge what to do and to look beyond to the long-term harm cally get election officers to supervise what not to do. That is not what this that might be done to the judiciary. union elections. You are absolutely country was founded on. It was founded Am I all wrong in this? right, ordinarily union elections are on justice by judges, and you have the Mr. SARBANES. No. I think the Sen- paid for by the union. It is a private as- ability to go to court. Now we are say- ator is absolutely correct. Just as the sociation. They pay for the elections. ing you can’t. court is about to pass on this previous There is no election officer to supervise Am I right or wrong? Have I lost election and make some judgment as those elections. something here, or have I found some- to what ought to be done with respect Now, what the consent decree gave thing on which my fear might be sub- maybe to holding another election, we you was an election officer because the stantiated? come along with this amendment, and Government wanted to supervise the Mr. SARBANES. I think the Senator in effect alter the consent decree. election as a way of rooting out corrup- is on a very important point. As the What the Government got out of the tion and the influence of the mob in Senator from New Mexico said, you consent decree was continued super- the Teamsters Union. They got a con- have the Congress coming in and try- vision of the Teamster election by an sent decree and it gave them an elec- ing to in effect dictate what the con- election officer. In order to get that for tion officer in 1991, and also gave them clusions are going to be in the court the 1996 election in the consent decree, proceedings—improper intrusion into an election officer in 1996 because, ob- the Government undertook to pay the the process, and a total lack of respect viously, the Bush administration didn’t costs of that election. Now people want for the separation of powers. We are want to have just one election and then to preclude that side of the bargain but talking about a consent decree here. they are off the hook. They wanted to they want to keep the election officer. keep the supervision for the 1996 elec- We are not even talking about a matter I am simply suggesting to them that which is just in the initial stages of tion. But in order to get that agree- they may lose the election officer as litigation in which we have tradition- ment and that understanding in the well and bring the Teamsters out from ally shied away from intervening in consent decree, they agreed to pay the under the consent decree. I would saying it is a matter to be resolved by costs of the supervision for the 1996 think upon reflection that that is the courts. We have a matter here that election, which is, in a sense, the elec- something they would not want to do. was in extended litigation and which tion that is still before us, since it has In fact, the consent decree very clearly resulted in a consent decree entered never been certified. states that the union defendants con- Now you are coming in, and you want into under an order of the court. sent to the election of officers at Gov- to in effect eliminate an option that is Now we are coming along and we are ernment expense to supervise the 1996 available to the judge in terms of car- going to play around with this consent rying out the consent decree. My point decree, and it is treated as though IBT elections. This was a litigated matter. It was in is that is carrying with it the very high there is no downside to it. In other the courts. In fact, the mayor of New risk that you eliminate the election of- words, they say, ‘‘Well, we will not York, the current mayor of New York, ficer. Then that raises a question. Why honor the consent decree that requires was then the U.S. Attorney, Rudy do you want to eliminate the election that we pay for the election but we will officer to supervise the teamsters elec- keep the election officer which was Giuliani, and this was the agreement tion? That brings us back to why we provided in the consent decree.’’ Which they worked out as part of the consent have the election officers to begin is unprecedented. That is not the nor- decree, as part of this litigation. Now, with. So that works the whole thing mal way you do an election with an it is suggested that, well, we didn’t get back full circle. This is a classic exam- election officer. anything for it. Of course, we got some- ple of tramping in without fully think- So they are going to keep the elec- thing for it. We got the continued su- ing through what the consequences of tion officer. But they are going to deny pervision of these elections with an doing so are. the court the ability to handle the ap- election officer. You don’t ordinarily As the Senator from New Mexico has portioning of the cost of that, which is get that with union elections. Ordi- pointed out, it intrudes into the judi- apparent currently available to the narily the unions pay for the election. cial operation, clearly. But, beyond court under the consent decree. You There is no election officer. The Gov- that, I think it carries with it a very are playing with fire. The end result of ernment wanted an election officer. high risk that you are going to be this may be that the teamsters get out They wanted to supervise these elec- hoisted by your own petard here, and from under the consent decree, and tions. The union said pay for the ’91 you are going to end up without an they don’t have to use an election offi- election. But they, obviously, want out election officer, which is an essential cer in order to conduct their election. from under it. In effect, the deal was if part of the consent agreement that was If that is what you really want to do, you are going to continue to supervise reached which the Bush administration I mean I think one ought to be explicit us with an election officer through the at the time trumpeted as a major ac- about it. I don’t think that is desirable. 1996 election, you are going to pay the complishment. The questions that have been raised costs of the 1996 election. This election Mr. FORD. Mr. President, will the about this election that just hap- we are talking about here is in effect a Senator yield for a question without pened—and, you know, obviously, you continuation of the 1996 election, and losing his right to the floor? want to be sure you have a fair election that one has not been certified. Mr. SARBANES. I yield to the Sen- given the long history of this issue in- So now we are playing, as it were, ator. volving the Teamsters Union. fast and loose with this consent decree. S8812 CONGRESSIONAL RECORD — SENATE September 4, 1997 The end result of it may be that you of fear and extortion, and so forth and I yield for a question by my colleague will get an unsupervised election so on. That suit is pending. The Gov- from Alabama. throwing the whole thing right back. ernment then reaches a consent decree Mr. SESSIONS. I thank my col- This thing was negotiated, as I under- with the Teamsters. The matter never league. In looking at the consent de- stand it, after a long period of time went to full-scale litigation. You don’t cree. We talked a lot about it. I think with very intense and extended nego- know what the outcome of the litiga- we should look at it and see what it ac- tiations. And it was finally put in a tion would have been. They reached a tually says with regard to the effort in place under the order of a U.S. district consent decree, and the Attorney Gen- the 1991 election. What I read it to judge, and it was consented to by the eral stated at the time, ‘‘This settle- say—perhaps there is more than I read. U.S. Attorney. It was consented to by ment, which union leaders agreed to But this is what I have. It says that the the U.S. Government, and consented to earlier today, culminates 30 years’ of union defendants further consent to by the plaintiffs and by the defendant. efforts by the Department of Justice to the United States Department of Jus- In fact, there is a long list of signa- remove the influence of organized tice supervising any IBT elections— tures consenting to the consent decree. crime within the Teamsters Union.’’ any. They consent to them supervising Otherwise, you would have been in liti- And the observer goes on to note that any elections or special elections to be gation. You don’t know what the out- the Teamsters signed a consent decree conducted after 1991 for the officers of come would have been. with the Federal Government to avoid the IBT, president, general secretary At the time, I can recall President a trial over a lawsuit. The union agreed treasury, vice president, and trustees. Bush declaring this a great success. I to purge its mob connections and hold Mr. SARBANES. What point is the think it was an accomplishment by the democratic elections. Then they dis- Senator making? Bush administration, by Attorney Gen- cussed the supervision that was taking Mr. SESSIONS. I think it says that it eral Thornburgh. Now we come along, place with respect to the 1991 election. gives the United States clearly the op- and we are undoing it here on the floor And the grumbling, in fact, on the part tion to do so, and pay for that election of the U.S. Senate. of some of the rank and file of the or not. In fact, I have in my hand a Mr. WELLSTONE. Will the Senator Teamsters is that the union no longer memorandum of the U.S. Department yield for one comment in the form of a belonged to them, ‘‘their second-guess- of Justice which says just that—inter- question? ing of internal decisions that we prets it just that way. It says on page Just to quote from Attorney General make,’’ et cetera, et cetera. ‘‘They are 2, ‘‘Because of the deep entrenchment Thornburgh, who said on March 14, eliminating democracy to ensure de- of the La Cosa Nostra in the IBT’s elec- 1989, to back up the Senator’s point, mocracy,’’ one of these dissidents said. toral process, the consent decree gave ‘‘This settlement, which union leaders We got that arrangement in order to the Government the option to have the agreed to earlier today, culminates 30 supervise this election in order to try 1996 elections supervised by a court ap- years’ of efforts by the Department of to root out this mob influence. Part of pointed officer.’’ Justice to remove the influence of or- the consent decree was not only that Mr. SARBANES. That is right. ganized crime within the Teamsters you have a supervisor for the 1991 elec- Mr. SESSIONS. I don’t think we Union’’—to go back. tion but you have one for the 1996 elec- would be in violation of the decree to Mr. SARBANES. This was Attorney tion, which was a marked departure have the Government—and we speak General Thornburgh commenting? from how these things are handled. for the Government, don’t we?—say to Mr. WELLSTONE. That is correct. My colleagues on the other side say, them we don’t intend to fund the sec- Just one question, because the Sen- well, we don’t pay for the elections of ond one. ator has been on the floor and I have any other unions. That is quite true. Mr. SARBANES. Do you think you been listening very carefully. It ini- No. We don’t pay for them. We don’t could have an election officer to that tially started out as a debate. I ex- have election officers to supervise election? pressed my concern that I thought them either. We don’t have them under Mr. SESSIONS. I think you have an whatever the intentions were—I said a consent decree. There is a national option to. good intentions—on the part of the col- purpose or objective to be achieved by Mr. SARBANES. How would you have leagues, but that I thought that you rooting out the corruption that existed an election officer? really couldn’t talk about this except in the Teamsters Union. This consent Mr. SESSIONS. The U.S. Govern- in the context of what has happened decree negotiated by Mr. Giuliani, or ment, because of its concern about the with the Teamsters, and I thought this by his associates, when he was a U.S. mob influence of a union, protected it- was profoundly mistaken. But now, attorney in New York, approved by the self with the right to assert, the right what the Senator has been doing as a Department of Justice, by Richard to provide an election officer in super- lawyer is—I am a lay person. I have Thornburgh, the Attorney General, was vision, to supervise the election. So we been listening very carefully. As I un- an effort to accomplish that objective. don’t have to exercise that option. derstand the Senator, what he is really In order to do that, we were able in ef- Mr. SARBANES. I say to my col- saying is that the most serious part of fect to impose an election regime upon league, a distinguished former U.S. at- this above and beyond my concerns is the Teamsters, not only for the 1991 torney in Alabama, the consent decree that it really does—as the Senator election, the immediately next forth- specifically says the union defendants from Oklahoma said earlier, he didn’t coming election, but also for the 1996 consent to the election officer at Gov- see this as being anything in contradic- election. ernment expense to supervise the 1996 tion with the consent decree—the Sen- Mr. SESSIONS. Will the Senator IBT elections. ator from Maryland is arguing that it yield? Now, if you do not regard this elec- is most certainly in contradiction, in Mr. SARBANES. Let me finish my tion that is coming up as a continu- which case it becomes a very dangerous point, and I will yield. Obviously, as ation of the 1996 election, how are you intrusion into the judiciary. part of the effort to extend out super- going to get an election officer for it Is that correct? Is that the legal prin- vision beyond another 5 years out into given the specific provisions that are in ciple here, and the government prin- the 1996 election, the Government un- this consent decree? ciple? dertook to pay the costs of the super- Mr. SESSIONS. What page is the Mr. SARBANES. I say to the Sen- vision of the 1996 election. But we got Senator on? ator, yes. That is correct. What my col- an election officer to supervise it. That Mr. SARBANES. Sixteen. leagues on the other side are failing to is the election that is now in question. Mr. SESSIONS. Are you reading the understand is the history out of which That is the election that is going to be first full paragraph there? It doesn’t this consent decree arose. In other under the scrutiny of the Federal Dis- say 1996 election. It says they consent words, the Federal Government filed trict judge in New York. Now we are to supervision of any election. That suit against the Teamsters alleging sort of messing with that situation means obviously the United States did mob influence in the Teamsters, and it without even beginning to have any not intend to supervise all those elec- went through an involved presentation full appreciation of what the con- tions. The United States only under- of what the issues were, the campaigns sequences may be. took to do so if it chose to do so. September 4, 1997 CONGRESSIONAL RECORD — SENATE S8813 Mr. SARBANES. If I could interrupt Legislation enacted by Congress limiting happening; namely, an unsupervised my colleague—— or restricting the funds for the 1996 election election. I am sure there are many Mr. SESSIONS. That is what the De- would be a Federal law, and the Government Members who do not want an unsuper- partment of Justice, the Clinton De- parties would be bound to take appropriate vised election. partment of Justice, memorandum action in reliance on that law. What are the consequences to the Congress Mr. SESSIONS. If the Senator will says, that it has the option. I think of not appropriating all the funds necessary yield, I do not think the legislation re- that’s the most plain reading of it, and to supervise the 1996 IBT elections? quires that. In 1991, we did not fund the I suggest to you the union agreed to There would appear to be no consequences elections but had supervision. I think this reluctantly, preferring not to per- to the Congress. The consent decree does not we can have supervision through the haps but because they had to. I just appear to obligate the Government to super- Department of Labor or Justice. But don’t think that would be a fair inter- vise the 1996 elections, either directly or in- we do not have to fund a $22 million pretation of it. I think the most nor- directly. Rather, the decree embodies the election. mal interpretation would be that they consent of the union defendants to govern- Mr. SARBANES. It is not quite the mental supervision. have the option to do so, and I think same. I say to the Senator that is not this body has the right to say we Basically, the union consented that the agreement that is embodied in the choose not to fund it. Let’s not do it. they would allow themselves, their pri- consent decree. This consent decree Mr. SARBANES. I say to my col- vate entity, to be supervised as a con- was not done by this administration. league, the consent decree I am look- sequence perhaps of, as part of, a set- This consent decree was done by the ing at, in the first sentence of the first tlement to avoid even more severe pun- Bush administration. Attorney General full paragraph on page 16 says, ‘‘The ishment that could have been enacted Thornburgh said about it, ‘‘This settle- union defendants consent to the elec- against them as a result of Mr. ment, which union leaders agreed to tion officer, at Government expense, to Giuliani’s actions against that union. earlier today, culminates 30 years of ef- supervise the 1996 IBT elections.’’ That would be to me the most logical fort by the Department of Justice to Mr. SESSIONS. Yes. But I think the interpretation of the agreement. remove the influence of organized option is the same. Mr. SARBANES. That’s right. The crime within the Teamsters Union.’’ Mr. SARBANES. That’s the point. union agreed to this as part of the con- The Senator had service as a U.S. at- Mr. SESSIONS. Let’s look at what sent. But the consent decree says the torney, and you know when you agree the Department of Justice memoran- union defendants consent to the elec- to enter into a consent decree, you dum says. The point of the Department tion officer, at Government expense, to know, in effect, there is some give and of Justice memorandum about the 1996 supervise the 1996 IBT elections. take on both sides, and this was the ar- election was that it concluded the De- You are coming along and saying we rangement that was made. It was done partments of Justice and Labor be- want to keep the election officer—let by Giuliani, approved by Thornburgh, lieved they should be involved in super- me put this question to the Senator. vising the 1996 election. trumpeted by President Bush as a suc- Does the Senator want the Teamsters cess. I thought it was a success. I con- Mr. SARBANES. That’s right. to be able now to go ahead and have a Mr. SESSIONS. And they chose to tinue to think it is a success. And I private union election without super- exercise that option. I think this body certainly don’t think we should run the vision, without an election officer? has the right to say we don’t think we risk here of undoing the consent decree Mr. SESSIONS. This Member says should exercise the next option; at by refusing to carry out the Govern- that I would oppose strongly any more least we are not going to fund it. ment cost of the elections and lose the Mr. SARBANES. The Department funding of a $22 million election, and I election officer as a consequence and wanted to supervise the 1996 election. am prepared to vote against it in that allow the Teamsters to have an unsu- They got the consent, they got it as regard. pervised election, and that is the fire part of the consent decree from the Mr. SARBANES. Even if the con- you are playing with here. union to do so, but the costs of the sequence of that is that you have an What we really should do here is we election would be borne by the Govern- unsupervised Teamster election be- should back off and let the court han- ment. cause they are out from under the con- dle this matter. The court has a con- We ought to let the court decide sent decree? Is that correct? sent decree to administer. It has op- what the consent decree means be- Mr. SESSIONS. They may be. That is tions. Under that consent decree, the cause, if you start playing around with right. court could, in effect, maintain super- a consent decree with respect to the Mr. SARBANES. I do not agree with vision and not pick up the costs of it. cost of the election, the next thing you the Senator. I mean, I put this ques- But that is a matter for the court to do may discover is that you have let the tion earlier, and it is interesting now as it interprets the consent decree. If Teamsters out from under the consent to have this discussion take this turn we try to do it on the floor as we are decree and you will not have an elec- because now we are beginning to see trying to do right now, we run the risk tion officer, which was part and parcel apparently on the part of some Mem- of upsetting this whole apple cart and of the arrangement that was made in bers, they are really prepared to coun- the whole effort to purge the Team- the consent decree. tenance the notion of having an unsu- sters and to get an honest union. That is the point I am trying to pervised Teamster election. Mr. SESSIONS. I thank the Senator make. You are running a very large Mr. SESSIONS. If the Senator will for yielding, and I just would disagree; risk here that you are going to lose yield—— I don’t think the Government is re- your election officer to moderate and Mr. SARBANES. In effect, we are re- quired to conduct or fund this election, supervise these Teamster elections. pudiating the option of continued Gov- and I do not think we should. And we have a strong public interest in ernment payment of the election as a Mr. HARKIN. Will the Senator yield preserving an election officer. Let the way of in effect losing your supervision for a question not even related to this court decide what the consent decree over the Teamsters election. I do not at all? I would like to know if the Sen- means, and the court can then do it in see how the Senator can take that po- ator has any information or knowledge a way that assures you that the Team- sition when questions have been raised about how long we are going to be here sters will not come out from under ap- about the validity of the 1996 election. this evening? I say that as the minor- plication of the election officer. That is This is the very thing that the court is ity manager of this bill. the point. going to be deciding up in New York, If we are not going to vote this Mr. SESSIONS. If the Senator will and we ought to let the court decide evening—maybe someone on the other yield, I must say I am most impressed what the consent decree means. side could tell me. If we are not going with the eloquence that the Senator I think this exchange just now is a to vote this evening, I think we ought has brought to this argument and has pretty dramatic illustration of why we to let Senators know so Senators can done remarkably well, I think, with ought to let the court decide what it go home. It is now 8 o’clock at night. not a lot to work with. means because otherwise we are run- We have had a fairly spirited discussion The Congressional Research Service ning the very high risk of exactly what and debate. I don’t mean to limit de- has also indicated that: the Senator said he would countenance bate or anything, but I think we ought S8814 CONGRESSIONAL RECORD — SENATE September 4, 1997 to have some information so that Sen- to have more full-time jobs as opposed tainly include myself, and this was es- ators can either stay around for a vote to part-time jobs. There was a focus on sentially the position I think the Sen- or at least go home to be with their living-wage jobs. ator from Pennsylvania has taken— families. The interesting thing is that I think which is this is just an overreach. I Does the Senator know anything the public really rallied behind the mean, to just try to overturn or basi- about that? UPS workers. I think that the public cally contradict or subvert this con- Mr. SARBANES. No. This isn’t my felt that what the workers were talk- sent agreement, to interfere with the amendment. I am just responding to ing about, what this union was talking judicial branch, is a profound mistake. the offering of this amendment, which about, was how you earn a decent liv- So, my colleague from Alabama is I think is a very bad idea and which I ing and how you are able to give your correct. The point was that there am trying to develop. Actually there is children the care you know they need would be a vote after Senators had a a benefit to be gathered by some dis- and they deserve. chance to fully discuss this. But, from cussion of this matter, which was illus- I think that this amendment, the my point of view, there are now three trated by the exchange we just had, be- Nickles-Craig amendment, is such an sets of questions that have been raised cause it was clear that at least there overreach because now what we have, that I think are extremely important. are some Members who, in order to just on the heels of this successful ef- Other Senators may want to discuss avoid the costs, are prepared to let the fort on the part of Teamsters to bar- this as well. Or we might be able to Teamsters have an unsupervised elec- gain collectively, is an effort—and now reach some kind of agreement as to tion and let them out from under the I have listened to this; I am not a labor how we proceed. But, I think this is consent decree. I think that would be lawyer—but an effort which essentially something that, if the Senate is a de- very bad. overturns a consent decree which was liberative body, then we need to be Mr. HARKIN. I agree. extremely important and essentially very deliberative about this. Mr. SARBANES. I think that would says we are going to go right to the We had an agreement with a Repub- be a bad consequence. heart of the judiciary and go back to lican administration, the Bush admin- Mr. HARKIN. I agree entirely with an agreement which goes back, what, istration, which really dealt with 30 the Senator from Maryland. 30 years or thereabouts. I am sorry, years’ history. It was important. It was Mr. SARBANES. And an undesired this was initially agreed to in—I had it an effort to root out corruption. We consequence. before me. Might I ask the Senator had an agreement that was, I think, a Mr. HARKIN. I agree completely from Massachusetts a moment, the very important step forward. Now what with the Senator. original agreement with the Bush ad- we have is an effort to essentially over- Mr. SARBANES. I think we are run- ministration was in 1989? turn that agreement. Now what we ning a risk with what we are doing on Mr. KENNEDY. In 1989, yes. have is an effort to directly intervene the floor of the Senate. Mr. WELLSTONE. In 1989. I have or interfere with the judicial branch. Mr. HARKIN. I am just thinking quoted Attorney General Thornburgh Now we have an effort, which I think about what the procedure is going to be on this. The idea was, look, this was, as on political grounds, and probably on for the rest of the evening. There are my colleague from Maryland has said, constitutional grounds, though I am only four or five Senators, six, in the an unprecedented situation. We were not a lawyer, I am not even sure that, Chamber. I hope we would have some talking about corruption. We were from a constitutional point of view—I information so the Senators could talking about workers who want to believe the Senator from Pennsylvania make plans. have a fair election. And we finally may have raised this question—we Mr. SESSIONS. Will the Senator had, after 30 years, an agreement here. should even be doing this, and for that yield? Now, this election has not yet been reason there are a number of us who Mr. HARKIN. I do not have the floor. certified. The Kennedy amendment have been out on the floor and have He has the floor. made no judgment about expenditure been speaking about this. Mr. SESSIONS. My understanding of money. But the idea of essentially If other Senators want to speak, I was that a vote was expected tonight trying to overturn this consent agree- have had an opportunity several times tonight to raise these concerns. Sen- but that a number of Senators had ment, to interfere directly with the ju- ator SARBANES was on the floor a long some things they wanted to say about dicial branch, to really preempt what time, I think really zeroing in on what this bill and were being provided the kind of ruling a judge might make be- the implications of this are, just in opportunity to do so. I am not aware fore any kind of ruling has been made, terms of branches of Government and that there is any agreement not to and to do this on an appropriations separation of powers and what our con- vote. I thought the agreement in fact bill, is profoundly mistaken. It is not stitutional system is about, which I was to vote. prudent. So there are a number of Sen- think are pretty important questions. Mr. SARBANES. Mr. President, I ators who have come to the floor and And one more time, as a Senator from yield the floor. have raised a whole set of questions. Minnesota who had a chance to see Mr. WELLSTONE addressed the The Senator from Kentucky, Senator what these workers were able to do and Chair. FORD, raised some questions having to who strongly supported, I think, the The PRESIDING OFFICER. The Sen- do with the judicial appointments justice, the justice goals of the strike— ator from Minnesota. being blocked here—now, yet, a kind of I have raised concerns about. I don’t Mr. WELLSTONE. Mr. President, I threat to interfere with the judicial think it looks good. I don’t think it’s say in response to my colleague from branch of Government—and whether or the right thing to do for the Senate to Iowa, I think there are Senators who not this just was not the kind of politi- be involved in such an overreach, tak- want to speak on it. I don’t know cal interference which is very inappro- ing such drastic action, which I think, whether or not there will be time to- priate. He made the point that he felt unfortunately, certainly looks like—I night in order to accommodate dif- that, as a Senator, if you were going to don’t know what the motivations are ferent people who want to comment on make a wise decision about this you of Senators—that it is very connected this amendment. would have to be in opposition to this to this UPS workers’ strike. But as I understand it, and I will just amendment. Mr. President, I will not speak any try to summarize, there are two dif- Senator KENNEDY started out tonight longer on the floor of the Senate. I will ferent sets of concerns I have. One set talking about both the context of this, yield the floor. of concerns which I would repeat has to the UPS workers and the successful ef- Mr. FORD addressed the Chair. do not with the intentions of col- fort on the part of the Teamsters, and The PRESIDING OFFICER (Mr. leagues at all but has to do just with now this—what is this all about? Just HUTCHINSON). The Senator from Ken- the sequence of events, the chronology. raising questions about the timing of tucky. I just think that there is a great deal it. But, then, more important, or just Mr. FORD. Mr. President, I ques- of discussion about what the UPS as important, Senator SARBANES has tioned earlier the distinguished Sen- workers did. This was a Teamsters been on the floor and he has, I think, ator from Maryland as to a real prob- strike. There was a focus on the need provided many of us his view—I cer- lem that I have as it relates to the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8815 amendment that has now been submit- ary. In my opinion, if I sign a contract, nately, our business was interrupted ted by the Senator from Oklahoma and it ought to be valid. Then to have a today. From 2 to 4, we had to go out so the Senator from Idaho. My friend valid contract canceled by the legisla- the Environment and Public Works from Alabama, the junior Senator, has tive body just doesn’t seem to me to be Committee could have a hearing and been a prosecutor. He has a great case. in the right direction. begin a markup on the Superfund bill, All of a sudden the Congress of the I hope my colleagues will look be- a bill that the American people surely United States blows him out of the yond the emotion of the question and would be for, because it means improv- water because we don’t believe what he be sure that their judgment does not ing the way that we clean up hazardous is pursuing there is in the best inter- usurp the strength and foundation of waste. ests of politics. this great country. We all know now lawyers are clean- So, now we are confronted with a I yield the floor. ing up. They are doing fine. But we are question that is in the courts and we The PRESIDING OFFICER. The dis- not cleaning up any hazardous waste are trying to make a judgment here to tinguished majority leader. sites. We ought to have Superfund re- supersede what might be in the courts. Mr. LOTT. Mr. President, I would form. And yet there was an objection Do we have a right to do that? I am like to respond to some of the things made to the committee meeting, so we sure we do. But in this Senator’s feel- that have been said, or questions that had to go out for 2 hours. We would not ing about this institution and this have been raised when I was off the be here right now probably if it had not country, we have three separate floor a few moments ago. First of all, I been for that 2-hour interruption. But branches. And those branches must set think I just need to reiterate here what when we take out 2 hours in the day, on their own bottom, as we would say is at stake is taxpayers’ money being we are going to make up that 2 hours down in west Kentucky. We should let used to pay for labor union elections at night, or 3 hours. them make their decision. where there has been a record of fraud I have spent a year trying to be sen- I think this is a very dangerous posi- and abuse. Yes, there was a consent de- sitive to Senators’ needs, to know what tion. The emotion of the amendment is gree in 1989. How long does it apply? In the schedule is going to be, to be with good. We have a big, bad union here perpetuity? We had a fraudulent elec- their families, to be with their chil- that we don’t want to spend any more tion, on which, to my absolute horror, dren, to be with their dog, dogs, so we taxpayers’ dollars to see that they $22 million of taxpayers’ dollars were can have a life, but it takes coopera- have a noncorrupt election. We want a spent. It turned out it had problems. tion on both sides. noncorrupt election, but we don’t want The FBI has said so. The Justice De- I hope we won’t start down that trail to spend any money. We made an partment has even said so. So now they where we start these things that force agreement in 1989 under the Bush ad- say, oh, yes, let’s have another one and us to be in session late at night. But if ministration. There is no question let the taxpayers pay for that. So the it’s necessary, we will. That is why we about that. Let it be under President American people understand very are here now. I had offered a UC re- x’s administration. The question still clearly here, this is taxpayers’ money quest, and I am going to ask for this flies: Do we then, by our actions here, going to pay for labor union elections. unanimous-consent agreement that micromanage the courts? We are about Judges may or may not say that it would allow us to not have any more a hundred judges short in this country ought to be done. All I have to say is, votes tonight, not have any votes to- now. The majority will not let those if judges are saying taxpayers’ money morrow, but have further debate on judges come to the floor. Maybe 1 or 2 should be used to pay for private sec- amendments on the very important or 3, hopefully 4 we might get out, with tor, or labor union elections of any Labor and Health and Human Services 35 to 50 being held hostage. kind, I think it is time we take some bill during the day tomorrow, with no So, what we have done, what we are action to say we are not going to allow votes; that we would come in on Mon- doing tonight, even though the image that. day, we would have more amendments here is one thing, the end result is an- The second thing is, the question was on the Labor and Human Services ap- other. If there ever was a question that raised, ‘‘Why don’t we have some propriations bill with a vote at 5 you must put aside, however you feel, I votes? Why doesn’t somebody tells us o’clock, but only one at the request of think it is important that we support when we will have some votes?’’ Hey, the Democratic leader; and that we the system that has made this country we are ready to vote. Let’s vote on the would get at the close of business Mon- great. And that is not micromanaging Nickles amendment right now. The mo- day a final, finite list of all amend- the Federal courts. tion to table the amendment of the ments pending to this appropriations One of the things the distinguished Senator from Massachusetts carried; 56 bill. Both the managers would very Senator from West Virginia has always Senators voted to table that motion. I much like for us to help them get that attempted to do is follow the procedure believe the Senate is ready to vote for done. Then we would have other votes and the precedent on the separation of the amendment of Senator NICKLES. that might be pending from Friday or powers. He just has helped take a piece But, as we try to do around here, we Monday on this bill Tuesday at 9 or of legislation through the courts on try to accommodate everybody’s sched- 9:30. Then we would be able to wrap up line-item veto. And we are getting ules and their desire to be able to the finite list, which is not that long. ready to do it again. So the courts will check with the administration or I There are a couple controversial issues. make a decision on what this body has don’t know who. We could probably I think we can get them worked out. been able to do. Now we are trying to work out something, to have a vote on Then we would have final passage on take the position that we want to do Senator NICKLES’ amendment at some all amendments and the bill on Tues- this ourselves, in lieu of what the time certain other than tonight. He day. courts are about to do. has indicated he would, perhaps, be Then at 5 o’clock on Tuesday, we I know the big bad union, and spend- willing to do that. But if anybody has would go to the Food and Drug Admin- ing taxpayers’ money and all that, is a raised any questions about why don’t istration reform bill at 5 o’clock, not pretty good issue. But, to me, to this we vote, why isn’t somebody saying have any votes on cloture tomorrow, Senator, there is a much deeper ques- what the schedule is going to be—if not go through the cloture exercise. An tion as it relates to the three branches you want to vote, let’s vote. If anybody overwhelming number of Senators on of Government and the strength of this wants to know that, any one of the both sides of the aisle support this great land of ours in that we are at- Senators who have been speaking, I am FDA reform bill. It was reported out of tempting now to usurp those things ready to vote. That’s what we ought to committee, I think, 13 to 2. that we will go out and beat our chests do. We already had a statement of the Mr. COATS. Fourteen to four. about back to our constituents how Senate on this issue. The Senate is Mr. LOTT. When we get to final pas- great we have been doing to try to pro- concerned about use of taxpayers’ sage, the vote on FDA is going to be 95 tect them as consumers, those in our money to pay for labor union elections. to maybe 5, maybe more. Ninety-five States or districts, as our constituents. But I have also been working on a Senators want to vote on the substance Yet we are tonight, in my judgment, whole series of things that I think of FDA reform. The American people trying to usurp the power of the judici- would be fair to the Senate. Unfortu- want that. The American people want S8816 CONGRESSIONAL RECORD — SENATE September 4, 1997 to get a better system for approving the leader wanted to set that aside and and safety, that is an issue that is not drugs and medical devices and a more continue to vote on other measures going to go easily. active and a more efficient FDA. We this evening, there would be no objec- Mr. COATS. Will the majority leader ought to give it to them. I believe the tion on our side. yield? House is going to act on this. So it was So I think that it is important to un- Mr. LOTT. I will yield, since his a process to allow the Senators to con- derstand what the situation is. We are name, I believe, was invoked earlier, tinue on this bill, to get this bill com- basically considering an item which is for a response to that. pleted, get FDA up in a reasonable an antilabor item. It is raised in the The PRESIDING OFFICER. The Sen- way, and not have more votes tonight. wake of the successful UPS strike and, ator from Indiana. Senator KENNEDY has indicated he basically, is legislative interference on Mr. COATS. I felt compelled to give can’t agree to that. The alternative a consent decree which raises very im- the other side of the story. Yesterday, then is this: We will have to pull down portant constitutional issues. So there when I offered the fetal tissue amend- Labor-HHS tonight. We will then go to should not be any surprise about that ment to the Parkinson’s legislation, I two votes on Federal judges tonight. factor. had discussed the matter with Senator We will vote in the morning at 9:45 on With regard to FDA reform, the Sen- WELLSTONE. I had indicated I was will- cloture. If we get cloture, then, of ator made a very good point about the ing to take a 20-minute time agree- course, the Senator from Massachu- Members being ready and willing to ment on the amendment, 10 minutes on setts and others perhaps can talk all vote on the medical devices and the each side. I didn’t want to do anything day tomorrow if they want to. They FDA reform. What the Senator didn’t that unnecessarily delayed the bill. I can talk for 30 hours if they want to mention is the other provisions which was informed that it was not—it was after cloture on the motion to pro- apply to the cosmetic industry which acceptable to Senator WELLSTONE but ceed—on the motion to proceed now, I effectively is going to preempt every it was not acceptable to Democratic want you to know—to the FDA bill State in this country from getting ade- Members who wanted to speak on the that over 90 Senators support. quate warning in terms of health and bill but didn’t want to do it yesterday. Then on Monday, we will go back to safety in the utilization of cosmetics. That is within their rights. We could Labor-HHS, and we will have a vote on We know it is a $20 billion industry have proceeded. We didn’t. two more judges Monday, perhaps even that for the last 20 years has been try- This Senator agreed to allow to be earlier in the day than we had indi- ing to get this achieved and have a pre- pulled over until this morning. I once cated earlier, and then we will go to emption on issues relating to health again offered a time limit, and the votes at 5 o’clock. and safety that primarily affect the time limit was not acceptable. So we I mean, we are trying to get these American women in this country. essentially sat here for 21⁄2 hours this things cleared. We are going to have re- I am not going to be a part of rushing morning listening to Members of the corded votes on them. I think plan A is and ramrodding that particular provi- party of the Senator from Massachu- in the best interest of the Senate and sion through the U.S. Senate. And if I setts oppose the amendment, which the American people, our time and effi- am the only one who votes against clo- they have a right to do. But there was cient legislating. We can get our work ture tomorrow, I will take my time and no delay initiated on the part of the done without unnecessary acrimony, explain in good time what we are being Senator who offered the amendment, without getting outdone by each other. asked to consider. I have no regrets for nor was there any delay on the part of If the alternative is two votes to- insisting that we have a cloture vote. I the majority leader. night and a cloture vote in the morn- indicated to the majority leader, if he In regards to the FDA legislation, we ing at 9:45, inconveniencing unneces- wanted to have the cloture vote later were ready to go with that legislation sarily—and, again, I am trying to ac- at a more convenient time on Tuesday, before the recess, and it was the Sen- commodate people, we need to go a lit- Wednesday, or Thursday of next week, ator from Massachusetts who pre- tle later because some can’t quite be that is fine with me, absolutely, what- vented us from doing that. The Senator here at 9:45, others at 10. We will have ever he wanted to do to accommodate has every right to do that. If he has an the vote at 9:45, and we are going to other Members. objection to a part of the bill, he has a vote cloture. I just don’t see why that Mr. LOTT. If I can claim my time. right to utilize the rules of the Senate is necessary. That is where we are. Mr. KENNEDY. I ask recognition—— to stop the bill from moving forward. I am going to make a unanimous- Mr. LOTT. On that particular point, I But the facts are that the Senator consent request on that in a moment have been reasonable. I have put off doesn’t have the votes. I didn’t have and then go to judicial nominations. scheduling. the votes on some of my amendments. Does anybody have any comment or Mr. KENNEDY. If I can finish my I didn’t have the votes on fetal tissue, questions on that? I yield to Senator point and then I will be glad to yield, but I didn’t stand here and insist the KENNEDY for a question. Mr. President. Senate stay in on a day when Members Mr. KENNEDY. I know the Senator is Mr. LOTT. All right. from both sides made plans and made going to make a proposal in just a mo- Mr. KENNEDY. But I have made travel plans just because I didn’t have ment. I do want to just point out for that, so if Members didn’t want to vote the votes or I couldn’t get my way. the Members the obvious, and that is tomorrow, we could vote on this on The Senator does not have the votes that we have spent all day today debat- Tuesday or Wednesday, give the major- for the bill. He did not have them in ing two basic issues: One is the issue of ity leader an hour’s notification to the committee, and he does not have fetal transplantation which, basically, Members whenever that would come up them on the floor. There is widespread has no position on this legislation, an any time Tuesday or Wednesday, but support for the FDA reform bill, in- issue that we have debated and debated that has been rejected. We are going to cluding the cosmetics provision which and debated and which the Senate has be here for another 5, 6 weeks in this was voted on in committee. We had de- voted on time and again and the out- body. We have been attempting to ne- bate, and we voted on it in committee. come of which was fairly obvious. We gotiate these particular issues. I am The Senator didn’t have the votes from took all morning to debate that. very hopeful we will. the opposition party, didn’t have the All afternoon we have been debating I want to vote for the medical devices votes from his own party. He doesn’t the Nickles amendment which, as the and the pharmaceuticals. I commend have the votes on this floor. Senator from Alaska has pointed out, Senator JEFFORDS and all of our col- If he wants us to go through this ex- is not really basic and essential to this leagues on the committee for the excel- ercise on a motion to proceed—this is appropriations bill, which the adminis- lent work that they have done. I think just the procedure to start debate on tration indicates it would very likely that measure is a very, very important the bill—why doesn’t the Senator do veto. So it has not been the Members measure. There are one or two items what the rest of the Senators are on this side who have delayed the Sen- which I think would be addressed in doing, and that is, move forward on the ate from moving ahead. As one, among terms of amendments, but on the issue bill, make your argument, have a vote, others, who is concerned about the of the cosmetics preemption of every count the votes? If you win, you win; if Nickles amendment, I indicated that if State in the country in terms of health you lose, you lose. But you can use the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8817 rules of the Senate. It is a right to the ator from Massachusetts said, ‘‘Oh, no, ments, the bill be advanced to third minority. We have used it. If the Sen- there’s something else here I want.’’ reading, and a vote occur on passage of ator wants to do that, he has the op- I think the Senator from Vermont S. 1061, and the bill remain at the desk. portunity to do that, but it inconven- has been doing the very best he can in I further ask unanimous consent that iences everybody else, and if you think the negotiations. I personally think he once the Senate receives the House it is going to change the result, maybe has negotiated too dang much. The companion bill, the Senate proceed to it is worth it, but if it is just to be ob- vote in the committee was 14–4. Why its immediate consideration, and all stinate or intransigent because you are we negotiating on all this stuff? after the enacting clause be stricken, didn’t win or your point of view isn’t Let us bring it to the floor and let us the text of S. 1061 be inserted, the accepted by your fellow colleagues, it vote. House bill be advanced to third read- puts everybody else at a disadvantage. So when I get this magnanimous ing, and passed, all without further ac- To imply the majority leader—— offer: Oh, you can have a cloture vote tion or debate. Mr. WELLSTONE. Will the Senator next week, put it off another—I offered I further ask unanimous consent that yield? a UC that would have given the Sen- the Senate insist on its amendment, re- Mr. COATS. Or the Republicans have ator from Massachusetts an oppor- quest a conference with the House on somehow conspired to deny the Sen- tunity to negotiate Friday, Monday, the disagreeing votes, and the Chair be ator from Massachusetts the right to all day Tuesday, and go on the bill on authorized to appoint conferees. make his point or to argue his point, Tuesday night. He said no. But if we I further state for the membership my goodness, we have been hearing wait until next Tuesday to have a clo- that any votes ordered with respect to that over and over and over and over. ture vote on the motion to proceed, the Labor-HHS bill on Friday and Mon- We know what the Senator’s position then he may try to force us to have a day, September 8, be postponed to is. He has the right to argue it, and he vote on going to the bill itself later on occur at 5 p.m. on Monday, with one has the right to delay it. Let’s make on a cloture vote, and then we might vote at that time, on a case-by-case sure it is not implied somehow there is someday, in another week or so, get to basis. Thereafter, we will begin votes some devious effort on the part of the FDA. That is ridiculous. There has on Tuesday morning at 9:30. Republicans to deny the Senator his been enough time. I further ask unanimous consent the opportunities. The Senate wants to vote on this Senate proceed to S. 830 following the Mr. WELLSTONE. Will the Senator issue, overwhelmingly, in a bipartisan passage of the Labor-HHS appropria- yield? way. The committee has spoken. On a tions bill—that is the Food and Drug Mr. LOTT addressed the Chair. cloture vote, on a motion to proceed, Administration reform bill—but not Mr. WELLSTONE. If the Senator will the requisite number of Senators will earlier than 4 p.m. on Tuesday, Sep- vote for cloture, I believe. So I mean, yield. tember 9, to give the Senate plenty of that is not very responsive. It is time Mr. LOTT. If you will allow me to re- time to continue to work on any agree- we get to this issue. Make your case, spond to some of the things the Sen- ments that they could come together offer your amendments. ator from Massachusetts said. He asked on, and the cloture vote scheduled for for 1 minute to wrap up, and I need to On the cosmetic thing, I mean, the Senator from Massachusetts is defend- Friday be vitiated. respond, and then I will be glad to That is the unanimous-consent re- ing and worrying about States rights. yield. quest that I think is fair for all con- With regard to the amendment before Boy, getting some role reversals around here, when he doesn’t want us cerned. I urge that it be accepted. us, it was offered at 5:05. An offer was The PRESIDING OFFICER. Is there to even get an amendment and vote on made to limit the time on that to 30 objection? it. He may have the merits on his side. minutes. I believe the managers of the Mr. KENNEDY addressed the Chair. If he does, let us hear them; we will bill were very content with that. An The PRESIDING OFFICER. The Sen- offer was made to limit speeches to 5 vote. But, you know, it is time that we ator from Massachusetts. minutes on this issue. There was no de- Mr. KENNEDY. Reserving the right move forward on Labor-HHS. It is time sire to drag it out. So, again, to imply to object, Mr. President, I want to just we vote on the merits of FDA reform. that we have been prolonging this is I cannot believe we want to further point out that the person that sets the just not accurate. delay. Every day we delay on FDA re- schedule is the majority leader. If the Now, with regard to the Food and form, there is some other delay by the majority leader files the cloture mo- Drug Administration effort to make bureaucracy at that agency that denies tion on a Wednesday, we end up having the bureaucratic FDA more responsive the people of this country medical de- the cloture vote on a Friday. That is to the needs of the American people, vices and pharmaceuticals that help what the majority leader has done. It this really affects quality of life and them with their lives and lifestyles. was his decision. He has every right to. health care, and I know the Senator And so we are not going to delay it any And that is what we have as the regu- from Massachusetts cares a great deal longer. We are going to get an agree- lar order that is before the Senate. about that. This is one way we can help ment to go to the bill on Tuesday or we But effectively what the majority them to get medical devices and phar- are going to have a cloture vote in the leader now is doing is asking a consent maceutical products available to the morning. And if the vote doesn’t suc- to vitiate what the regular order would American people. The vote in the com- ceed, we will have another one. I think be in terms of the cloture motion. I do mittee was 14 to 4. Usually when you I have been more than reasonable, and not question that we are short on the have a vote in the committee and it is so has everybody else. votes and that there will be an over- overwhelming in a bipartisan way, you f whelming vote in favor of moving to- bring it to the floor and you have de- ward the bill. But the regular order is, bate, amendments, vote, and move on. UNANIMOUS-CONSENT REQUEST as filed by the majority leader on But somehow or other, I mean, some Mr. LOTT. Mr. President, I ask unan- Wednesday, for a cloture vote on Fri- folks seem to think when you have a imous consent that the following be day. He knew what he was doing. He vote in a committee and lose, then the the only amendments remaining in knew what he was doing. negotiations begin. The leader of both order to the Labor-HHS appropriations He was the one that set the vote for parties always has to be sensitive to bill, other than the pending amend- Friday. And so I find it somewhat dif- that. I have allowed Senators on both ments, and they be subject to relevant ficult to accept easily the fact that sides of the aisle to continue negotia- second-degree amendments, and that somehow the burden ought to be on tions on the foster care bill, on other all first-degree amendments must be other Members because the Senator bills, but I have been very patient on offered prior to the close of business on now does not want to move ahead and this. And I wanted a cloture vote on Monday, September 8, other than the have the vote on Friday. He was the this back in July. I was told repeat- amendments designated as managers’ one that established that process and edly, ‘‘Oh, we’re about to get it agreed amendments. procedure and set in motion those pro- to, about to get it done.’’ Every time I further ask unanimous consent that cedures. And for the reasons that I we were about to get it done, the Sen- following the disposition of the amend- have outlined earlier with regard to S8818 CONGRESSIONAL RECORD — SENATE September 4, 1997 particularly the preemption with re- Mr. LOTT. I would be glad to. immediately notified of the Senate’s gard to the cosmetics, and the protec- Mr. FORD. Is there any doubt that action and the Senate then proceed to tion of the consumers on those issues, we will have two votes as it relates to return to legislative session. which I think is a travesty in protect- judges following whatever occurs on The executive nominations at this ing the American families, and pri- your unanimous consent request? I time are as follows: Calendar No. 164, marily the American women, I am think that we need to alert your side Henry Harold Kennedy, Jr, of the Dis- going to object to the elimination and and ours. trict of Columbia, to be U.S. District vitiation of the cloture motion. Mr. LOTT. That was not in the UC. Judge for the District of Columbia, and The PRESIDING OFFICER. Objec- Mr. FORD. You mentioned you were Calendar No. 233, Frank M. Hull, of tion is heard. going to have one. Georgia, to be U.S. Circuit Judge for Mr. LOTT. In view of what I just Mr. LOTT. That is my intent. If we the Eleventh Circuit. heard the Senator say—he is right, do not have any cooperation on other The PRESIDING OFFICER. Without that is the regular order. Of course, it matters, we would vote. objection, it is so ordered. is common practice, if you work things Mr. LEAHY. If the leader would yield Mr. LOTT. I further ask unanimous out you vitiate the necessity for a clo- for a question. consent it now be in order to ask for ture vote. But, yes, I knew exactly Mr. LOTT. Yes. the yeas and nays on each of these what I was doing. And what I was doing Mr. LEAHY. Might, while you are nominations with one show of hands. was trying to carry out the will of the trying to work this out, have one of The PRESIDING OFFICER. Without Senate, and not allow one Senator to those votes on the judges? We have to objection, it is so ordered. any further delay the discussion of the do them at some point anyway. Go Mr. LOTT. I now ask for the yeas and merits of FDA reform. ahead and do it. nays, Mr. President. In view of what the Senator said, I Mr. LOTT. Mr. President, so that ev- The PRESIDING OFFICER. Is there revise my unanimous-consent request erybody will know we are on the verge sufficient second? There is a sufficient to comply with what I thought I heard of having a vote, I think it is in the in- second. the Senator saying, the same unani- terest of all of us to take 5 minutes, The yeas and nays were ordered. mous-consent request all the way down look at the list, and everybody could be f the line, except that we would have the called to notify them we are fixing to cloture vote in the morning at 9:45. begin voting. And if the Senator was NOMINATION OF HENRY HAROLD Would there be objection to that? not here, we plan to vote on two judges KENNEDY, JR., OF THE DISTRICT The PRESIDING OFFICER. Is there tonight, and hope to get two more per- OF COLUMBIA, TO BE U.S. DIS- objection? haps Monday or so. TRICT JUDGE FOR THE DISTRICT Mr. KENNEDY. I personally do not Mr. FORD. There will be a rollcall OF COLUMBIA believe I would object to it, I say to the vote on this? The PRESIDING OFFICER. The Senator. I do not know whether the Mr. LOTT. I have been requested to question is, Will the Senate advise and amendments that have been included— get rollcall votes. consent to the nomination of Henry I have not seen the list. I have had Mr. President, I suggest the absence Harold Kennedy, Jr., to be a U.S. Dis- some amendments. of a quorum. trict Judge for the District of Colum- Mr. LOTT. It has been cleared—— The PRESIDING OFFICER. The bia? On this question the yeas and nays Mr. KENNEDY. I have been given as- clerk will call the roll. have been ordered, and the clerk will surance by the staff—Mr. President, I The legislative clerk proceeded to call the roll. object temporarily until I have a call the roll. The legislative clerk called the roll. chance to talk to the minority leader. Mr. LOTT. Mr. President, I ask unan- Mr. NICKLES. I announce that the The PRESIDING OFFICER. Objec- imous consent that the order for the Senator from Alaska [Mr. MURKOWSKI], tion is heard. quorum call be rescinded. the Senator from North Carolina [Mr. Mr. KENNEDY. I object until I have The PRESIDING OFFICER. Without HELMS], and the Senator from Rhode a chance to talk to him. objection, it is so ordered. Mr. LOTT. In an effort to try to get Island [Mr. CHAFEE] are necessarily ab- Mr. LOTT. While both sides continue sent. a reasonable agreement worked out to check the amendment list and see if here—I believe our list has been Mr. FORD. I announce that the Sen- we can get an agreement on the UC, ator from Ohio [Mr. GLENN] is nec- cleared on both sides. I think the Sen- let’s start our first recorded vote, that ator from Iowa has had a chance to re- essarily absent. will be out of the way, and perhaps we The result was announced—yeas 96, view it. In the interest of trying to get can get a final agreement. something worked out here, I would be nays 0, as follows: Mr. FORD. If the majority leader will [Rollcall Vote No. 218 Ex.] prepared to take a 5-minute quorum yield, it is my hope that everyone has YEAS—96 call so we can look over the list and been notified that we are going to vote. discuss it. If we cannot get that worked I hope we would not start until such Abraham Dorgan Kyl out, then I would begin the process of Akaka Durbin Landrieu time as we feel like both sides have Allard Enzi Lautenberg taking up the two judges and voting been notified. Ashcroft Faircloth Leahy here in a few minutes. This side is all right. Baucus Feingold Levin So in view of the Senator’s com- Bennett Feinstein Lieberman f ments, and the idea that maybe we Biden Ford Lott Bingaman Frist Lugar could get an agreement, I would at this EXECUTIVE SESSION Bond Gorton Mack point—— f Boxer Graham McCain Mr. LEAHY. Will the Senator yield Breaux Gramm McConnell for a question? UNANIMOUS-CONSENT AGREE- Brownback Grams Mikulski MENT—NOMINATIONS OF HENRY Bryan Grassley Moseley-Braun Mr. LOTT. Yes. By the way, this Bumpers Gregg Moynihan unanimous-consent request was worked HAROLD KENNEDY, JR., AND Burns Hagel Murray out over a period of hours. I think it FRANK M. HULL Byrd Harkin Nickles Campbell Hatch Reed has been cleared on both sides by all Mr. LOTT. As in executive session, I Cleland Hollings Reid Senators with the exception of one. ask unanimous consent the Senate pro- Coats Hutchinson Robb Senator DASCHLE was intimately in- ceed to executive session to consider Cochran Hutchison Roberts Collins Inhofe Rockefeller volved in it. And some of the things in the following nominations on the Exec- Conrad Inouye Roth the UC were at his request, including utive Calendar, and further the Senate Coverdell Jeffords Santorum that we only have one vote at 5 o’clock proceed to an immediate vote on each Craig Johnson Sarbanes on Monday. So, I mean, everybody nomination consecutively. I further D’Amato Kempthorne Sessions Daschle Kennedy Shelby cleared it except Senator KENNEDY. ask unanimous consent that following DeWine Kerrey Smith (NH) Mr. FORD. Would the majority lead- the series of votes, and it is two votes Dodd Kerry Smith (OR) er yield? on the nominations, the President be Domenici Kohl Snowe September 4, 1997 CONGRESSIONAL RECORD — SENATE S8819 Specter Thompson Warner then be dispensed with and voted on by Feingold Kennedy Reid Stevens Thurmond Wellstone Feinstein Kerrey Robb Thomas Torricelli Wyden Tuesday? Ford Kerry Roberts Mr. LOTT. By Tuesday afternoon. We Frist Kohl Rockefeller NOT VOTING—4 don’t have an exact time set. But look- Gorton Kyl Roth Chafee Helms ing at the list of amendments, we be- Graham Landrieu Santorum Glenn Murkowski Gramm Lautenberg Sarbanes lieve we can do that by 4 or 5 o’clock Grams Leahy Sessions The nomination was confirmed. Tuesday afternoon. Grassley Levin Shelby f Mr. WELLSTONE. That is not part of Gregg Lieberman Smith (NH) Hagel Lott Smith (OR) UNANIMOUS-CONSENT AGREEMENT the agreement. I am sorry. Harkin Lugar Snowe The PRESIDING OFFICER. Is there Hatch Mack Specter Mr. LOTT. Mr. President, for the in- objection? Hollings McCain Stevens formation of all Senators, the next re- Mr. LOTT. Let me repeat, we have, Hutchinson McConnell Thomas corded vote will be the last vote to- Hutchison Mikulski Thompson we believe, a finite list. All amend- Inhofe Moseley-Braun Thurmond night. Unfortunately, we have not been ments have to be offered by the close of Inouye Moynihan Torricelli able to work out an agreement that business Monday. Look, there is not a Jeffords Murray Warner will allow us to vitiate the cloture vote Johnson Nickles Wellstone lot of really tough stuff on the list. We Kempthorne Reed Wyden on the FDA reform bill tomorrow believe we can finish all amendments, morning. So there will be a vote at 9:45. and all amendments would have to NOT VOTING—4 After that, Senator KENNEDY, assuming have been offered by the close of busi- Chafee Helms cloture is invoked, would have 4 hours ness Monday. We believe we can be Glenn Murkowski of debate on FDA reform. We could go through at a reasonable hour Tuesday The nomination was confirmed. back to the Labor-HHS appropriations afternoon. We are not locking in final f bill tomorrow for other amendments to passage. be offered, but no further votes, other Mr. WELLSTONE. I thank the Sen- STATEMENT ON THE NOMINA- than the 9:45 vote. ator. On Monday, we will have FDA debate TIONS OF FRANK M. HULL AND The PRESIDING OFFICER. Is there HENRY HAROLD KENNEDY from 12 until 1. Then we will go to the objection? Mr. LEAHY. I am encouraged that Labor-HHS at Monday at 1. We will Without objection, it is so ordered. the Senate is taking up two of the nine have a vote at 5 o’clock on Monday on Mr. LOTT. For the information of all judicial nominations on the Executive either the Nickles amendment or any Senators, again, there will be one vote Calendar. other amendment that Senators have at 9:50 on Friday. Any other votes or- I am delighted that the Senate ma- taken up during the day, or any other dered Friday or Monday before 5 will be jority leader has decided to take up the pending amendment. I believe the stacked to occur on Tuesday morning, nomination of Judge Frank M. Hull to McCain amendment is pending. We will except for the one vote on Monday be a U.S. Circuit Judge for the Elev- have one vote at 5 o’clock on Monday. afternoon. enth Circuit Court of Appeals. Since And then, on Tuesday, we will have I yield the floor, Mr. President, and I 1994, the nominee has been a United other amendment votes, if there are ask that we proceed with the regular States district judge for the Northern any pending, at 9:30. We would com- order. plete the list we have agreed on, all District of Georgia and prior to that amendments, and final passage on f she was a judge for the Superior Court Labor-HHS sometime Tuesday after- of Fulton, County in Georgia. The ABA NOMINATION OF FRANK M. HULL, noon, and then we will go to the FDA has unanimously found her to be well- OF GEORGIA, TO BE U.S. CIRCUIT reform package, but not earlier than 4 qualified, its top rating. With the JUDGE FOR THE ELEVENTH CIR- o’clock. strong support of Senator COVERDELL CUIT I had hoped we could get an agree- and Senator CLELAND, this nomination ment that would allow us not to have The PRESIDING OFFICER. The has moved expeditiously through the had a cloture vote in the morning and question is, will the Senate advise and committee and is being confirmed by be able to vitiate that. Senator KEN- consent to the nomination of Frank M. the Senate. I congratulate Judge Hull NEDY didn’t feel he could agree to that. Hull, of Georgia, to be U.S. Circuit and her family and look forward to her I hoped that we would not have to have Judge for the Eleventh Circuit. The service on the Court of Appeals. votes on Monday, but we could not get yeas and nays have been ordered. I am also delighted that the Senate all that worked out. So that is the out- The clerk will call the roll. majority leader has decided to take up line of the UC that I would like to The legislative clerk called the roll. the nomination of Judge Henry Harold renew. I have discussed this with Sen- Mr. NICKLES. I announce that the Kennedy, Jr. to be a U.S. district judge ator DASCHLE. The list has been worked Senator from Alaska [Mr. MURKOWSKI], for the District of Columbia. Since over by everybody. So I would like to the Senator from North Carolina [Mr. 1979, the nominee has been an associate renew my request with respect to the HELMS], and the Senator from Rhode judge for the District of Columbia and Labor-HHS appropriations bill that I Island [Mr. CHAFEE] are necessarily ab- prior to that he was a U.S. magistrate. made earlier and ask consent, if clo- sent. The ABA has unanimously found him ture is invoked Friday on the FDA re- Mr. FORD. I announce that the Sen- to be well-qualified, its top rating. form package, that there be up to 8 ator from Ohio [Mr. GLENN] is nec- With the strong support of Senator hours divided between Senators JEF- essarily absent. THURMOND and Delegate ELEANOR FORDS and KENNEDY for debate on S. 830 The PRESIDING OFFICER. Are there HOLMES NORTON, this nomination has and an additional 4 hours of debate on any other Senators in the Chamber de- moved expeditiously through the com- Monday, divided in the same fashion, siring to vote? mittee and is being confirmed by the beginning at 11 a.m. The result was announced—yeas 96, Senate. I congratulate Judge Kennedy The PRESIDING OFFICER. Without nays 0, as follows: and his family and look forward to his objection, it is so ordered. [Rollcall Vote No. 219 Ex.] service on the district court. Mr. LOTT. I further ask that the YEAS—96 With these confirmations the Senate Senate proceed to S. 830 following pas- Abraham Brownback Coverdell will raise to 11 the number of Federal sage of the Labor-HHS appropriations Akaka Bryan Craig judges confirmed this year and exceed, bill, but not earlier than 4 p.m. on Allard Bumpers D’Amato for the first time this year, the snail- Ashcroft Burns Daschle Tuesday, September 9. Baucus Byrd DeWine like pace of confirming one judge per Mr. WELLSTONE. Reserving the Bennett Campbell Dodd month. The Senate pace will rise to an right to object, Mr. President. I want Biden Cleland Domenici anemic 1.2 judges per month. Mean- to ask a question. On Labor-HHS, Bingaman Coats Dorgan while, vacancies have continued to Bond Cochran Durbin amendments laid down by Monday, are Boxer Collins Enzi mount and the delays in filling vacan- you saying all amendments have to Breaux Conrad Faircloth cies continue to grow. S8820 CONGRESSIONAL RECORD — SENATE September 4, 1997 It is discouraging to once again have the adverse impact of vacancies on the nations caught in the election year to call attention to the fact that of the ability of the Federal courts to do jus- shutdown. 61 nominations sent to the Senate by tice. The effect is seen in extended She was renominated on the first day the President some 40 nominees are delay in the hearing and determination of this session. She had her second con- pending before the Judiciary Commit- of cases and the frustration that liti- firmation hearing in March. She was tee—nominees who have yet to be ac- gants are forced to endure. The crush- then held off the Judiciary agenda corded even a hearing during this Con- ing caseload will force Federal courts while she underwent rounds of written gress. Many of these nominations have to rely more and more on senior questions. When she was finally consid- been pending since the very first day of judges, visiting judges and court staff. ered on June 12, she was again favor- this session, having been renominated The Attorney General spoke recently ably reported with the support of by the President after having been held about the ‘‘vacancy crisis that has left Chairman HATCH. She has been left up during last year’s partisan stall. so many Americans waiting for jus- pending on the Senate Executive Cal- The committee has not yet worked tice’’ noting that vacancies are up at a endar for more 3 months and has been through the backlog of nominees left time that filings are up, caseloads are passed over, again. pending from last year. Several of increasing, backlogs are increasing, This is an outstanding nominee to those pending before the committee and we are experiencing an ‘‘unprece- the District Court. She is exceptionally had hearings or were reported favor- dented slowdown in the confirmation well qualified to be a Federal judge. I ably last Congress but have been process’’ that has ‘‘very real and very have heard no one contend to the con- passed over so far this year, while the detrimental impacts on all parts of our trary. She has been put through the vacancies for which they were nomi- justice system. She spoke about the proverbial ringer—including at one nated over 2 years ago persist. The hundreds of appellate arguments being point being asked her private views, committee has 12 nominees who have canceled, the Federal judges who go for how she voted, on 160 California initia- been pending without action for more entire years without hearing a single tives over the last 10 years. than a year, including 7 who have been civil case. She said: ‘‘Quite simply She has been forced to respond to pending since 1995. without enough judges, our laws will questions about particular judicial de- There is no excuse for the commit- become empty promises and ‘swift jus- cisions. I find this especially ironic in tee’s delay in considering the nomina- tice’ will become an oxymoron, and light of the Judiciary Committee’s tions of such outstanding individuals without the independence they need to questionnaire in which we ask whether as Professor William A. Fletcher, uphold those laws, our judges will be- anyone involved in the process of se- Judge James A. Beaty, Jr., Judge Rich- come hostages to politics instead of lecting the nominee discussed with her ard A. Paez, Ms. M. Margaret being the guardians of our principles.’’ ‘‘any specific case, legal issue or ques- McKeown, Ms. Ann L. Aiken, and Ms. In July I received a copy of a letter tion in a manner that could reasonably Susan Oki Mollway, to name just a few sent to President Clinton and the Re- be interpreted as asking how you would of the outstanding nominees who have publican leader of the Senate by seven rule on such case, issue, or question.’’ all been pending all year without so presidents of national legal associa- We try to ensure that the administra- much as a hearing. Professor Fletcher tions. These presidents note the ‘‘loom- tion imposes no litmus tests and does and Ms. Mollway had both been re- ing crisis in the Nation brought on by not ask about specific cases. ported last year. Judge Paez and Ms. the extraordinary number of vacant The committee insisted that she do a Aiken had hearings last year but have federal judicial positions’’ and the ‘‘in- homework project on Robert Bork’s been passed over so far this year. justice of this situation for all of soci- writings and on the jurisprudence of We continue to fall farther and far- ety.’’ They point to ‘‘[d]angerously original intent. Is that what is required ther behind the pace established by the crowded dockets, suspended civil case to be confirmed to the district court in 104th Congress. By this time 2 years dockets, burgeoning criminal case- this Congress? ago, Senator HATCH had held 8 con- loads, overburdened judges, and chron- With respect to the issue of ‘‘judicial firmation hearings involving 36 judicial ically undermanned courts’’ as cir- activism,’’ we have the nominee’s nominees, and the Senate had pro- cumstances that ‘‘undermine our de- views. She told the committee: ‘‘The ceeded to confirm 35 Federal judges. mocracy and respect for the supremacy specific role of a trial judge is to apply Those who delay or prevent the fill- of law.’’ I agree with these distin- the law as enacted by Congress and in- ing of these vacancies must understand guished leaders that we must without terpreted by the Supreme Court and that they are delaying or preventing further delay ‘‘devote the time and re- Courts of Appeals. His or her role is not the administration of justice. We can sources necessary to expedite the selec- to ‘make law.’ ’’ She also noted: ‘‘Given pass all the crime bills we want, but tion and confirmation process for fed- the restrictions of the case and con- you cannot lock up criminals if you do eral judicial nominees.’’ The President troversy requirement, and the limited not have judges. The mounting back- is doing his part, having sent us 61 nature of legal remedies available, the logs of civil and criminal cases in the nominations so far this year with more courts are ill equipped to resolve the emergency districts, in particular, are on the way. The Senate should start broad problems facing our society, and growing taller by the day. doing its part. should not undertake to do so. That is I have spoken often about the crisis In choosing to proceed on these two the job of the legislative and executive being created by the 103 vacancies that nominees, the Republican leadership branches in our constitutional struc- are being perpetuated on the Federal has chosen once again to skip over the ture.’’ courts around the country. At the rate nomination of Margaret Morrow and to Margaret Morrow was the first that we are currently going this year, delay action on six other outstanding woman president of the California Bar more and more vacancies are continu- nominees who were reported at the Association and also a past president of ing to mount over longer and longer same time as those fortunate enough the Los Angeles County Bar Associa- times to the detriment of greater num- to be selected for consideration by the tion. She is an exceptionally well- bers of Americans and the national Senate this week. qualified nominee who is currently a cause of prompt justice. We are not I want to turn briefly to the long- partner at Arnold & Porter and has even keeping up with attrition. pending nomination of Margaret Mor- practiced for 23 years. She is supported Chief Justice Rehnquist has repeat- row to be a district court judge for the by Los Angeles’ Republican Mayor edly acknowledged the crisis being Central District of California. Ms. Mor- Richard Riordan and by Robert posed for the Federal judiciary and, I row was first nominated on May 9, Bonner, the former head of DEA under believe, for all Americans. The Chief 1996—not this year but May 1966. She a Republican administration. Rep- Justice has called the rising number of had a confirmation hearing and was resentative James Rogan attended her vacancies ‘‘the most immediate prob- unanimously reported to the Senate by second confirmation hearing to endorse lem we face in the federal judiciary.’’ the Judiciary Committee in June 1996. her. The Courts Subcommittee heard on Her nomination was, thus, first pend- Margaret Morrow has devoted her ca- Thursday afternoon from judges from ing before the Senate more than a year reer to the law, to getting women in- the second and eighth circuits about ago. This was one of a number of nomi- volved in the practice of law and to September 4, 1997 CONGRESSIONAL RECORD — SENATE S8821 making lawyers more responsive and Stevens, Christopher Bond, Strom screens to see that the answer to each responsible. Her good works should not Thurmond, Judd Gregg, Don Nickles, of those questions is no. and Paul Coverdell. be punished but commended. Her public f service ought not be grounds for delay. Mr. ENZI. I now withdraw the motion She does not deserve this treatment. to proceed. THE VERY BAD DEBT BOXSCORE The PRESIDING OFFICER. The mo- This type of treatment will drive good Mr. HELMS. Mr. President, at the tion is withdrawn. people away from government service. close of business yesterday, Wednes- The president of the Woman Lawyers f day, September 3, 1997, the Federal Association of Los Angeles, the presi- MORNING BUSINESS debt stood at $5,413,621,503,580.39—five dent of the Women’s Legal Defense Mr. ENZI. Mr. President, I ask unani- trillion, four hundred thirteen billion, Fund, the president of the Los Angeles mous consent that there now be a pe- six hundred twenty-one million, five County Bar Association, the president riod for the transaction of morning hundred three thousand, five hundred of the National Conference of Women’s business with Senators permitted to eighty dollars and thirty-nine cents. Bar Association and other distin- speak for up to 5 minutes each. One year ago, September 3, 1996, the guished attorneys from the Los Ange- The PRESIDING OFFICER. Without Federal debt stood at $5,226,657,000,000— les area have all written the Senate in objection, it is so ordered. five trillion, two hundred twenty-six support of the nomination of Margaret f billion, six hundred fifty-seven million. Morrow. They write that: ‘‘Margaret Five years ago, September 3, 1992, the Morrow is widely respected by attor- ANOTHER ACT OF TERRORISM Federal debt stood at $4,035,387,000,000— neys, judges and community leaders of SHOWS PEACE PROCESS SIMPLY four trillion, thirty-five billion, three both parties’’ and she ‘‘is exactly the IS NOT WORKING hundred eighty-seven million. kind of person who should be appointed Mr. HELMS. Mr. President, another Ten years ago, September 3, 1987, the to such a position and held up as an ex- tragedy struck the people of Israel Federal debt stood at $2,361,615,000,000— ample to young women across the today. Three Palestinian suicide bomb- two trillion, three hundred sixty-one country.’’ I could not agree more. ers attacked a crowded pedestrian mall billion, six hundred fifteen million. Mr. President, the Senate should in the center of Jerusalem. At least Fifteen years ago, September 3, 1982, move expeditiously to consider and three Israelis were killed; many more the Federal debt stood at confirm Margaret Morrow, along with were wounded. $1,110,240,000,000—one trillion, one hun- Anthony Ishii, Katherine Hayden There was another bombing in the dred ten billion, two hundred forty mil- Sweeney, Robert F. Droney, Janet C. center of Jerusalem on July 30, in lion—which reflects a debt increase of Hall, Joseph F. Bataillon, and Robert which 17 people were killed. Those more than $4 trillion, C. Chambers to be district court murders were also claimed by the Pal- $4,303,381,503,580.39—four trillion, three judges. estinian terror group, Hamas. hundred three billion, three hundred f As in July, all the requisite people eighty-one million, five hundred three will issue the required condemnations, thousand, five hundred eighty dollars LEGISLATIVE SESSION and comfort themselves that they have and thirty-nine cents) during the past The PRESIDING OFFICER. Under responded adequately. But how can we 15 years. the previous order, the Senate will now pretend that enough is being done f return to legislative session. about Palestinian terrorism? How can Mr. ENZI addressed the Chair. we look at pictures of Yasser Arafat U.S. FOREIGN OIL CONSUMPTION The PRESIDING OFFICER. The Sen- embracing a terrorist on the front page FOR WEEK ENDING AUGUST 29 ator from Wyoming. of the New York Times and still main- Mr. HELMS. Mr. President, the f tain the fiction that this is a man com- American Petroleum Institute reports mitted to fighting terror? that for the week ending August 29, the FOOD AND DRUG ADMINISTRATION The answer, Mr. President, is simple: MODERNIZATION AND ACCOUNT- United States imported 8,513,000 barrels we cannot. of oil each day, 1,786,000 barrels more ABILITY ACT OF 1997 Last month, in the wake of the most than the 6,727,000 imported each day recent Jerusalem bombing, Secretary Mr. ENZI. Mr. President, I ask unani- during the same week a year ago. of State Madeleine Albright said she mous consent that the Senate now turn Americans relied on foreign oil for would travel to the Middle East if the to the consideration of S. 830, the FDA 57.4 percent of their needs last week, PLO took the necessary steps to crack reform bill. and there are no signs that the upward down on terrorists. Those steps clearly The PRESIDING OFFICER. Is there spiral will abate. Before the Persian have not been taken. More innocent ci- objection? Gulf war, the United States obtained vilians lie bleeding in the streets. But Mr. ENZI. I object on behalf of Sen- approximately 45 percent of its oil sup- the administration still clings to the ator KENNEDY. ply from foreign countries. During the fiction of a peace process. The PRESIDING OFFICER. Objec- Arab oil embargo in the 1970’s, foreign tion is heard. I have said many times, and I say again today: There is no peace in this oil accounted for only 35 percent of MOTION TO PROCEED process. How long will we be expected America’s oil supply. CLOTURE MOTION to play along with this charade, pre- Anybody else interested in restoring Mr. ENZI. I now move to proceed to tending that meetings, consultations, domestic production of oil? By U.S. S. 830, and send a cloture motion to the and formalities can substitute for gen- producers using American workers? desk. uine attempts to deliver peace and se- Politicians had better ponder the The PRESIDING OFFICER. Pursuant curity to the people of Israel? economic calamity sure to occur in to rule XXII, the Chair lays before the In the coming months, the Congress America if and when foreign producers Senate the pending cloture motion, will reconsider the provision of assist- shut off our supply—or double the al- which the clerk will report. ance to the Palestinians. At that time, ready enormous cost of imported oil The legislative clerk read as follows: we must ask ourselves whether the flowing into the United States—now CLOTURE MOTION PLO has complied with its commit- 8,513,000 barrels a day. We, the undersigned Senators, in accord- ments, not only to Israel, but to the f ance with the provisions of rule XXII of the United States. We must ask ourselves Standing Rules of the Senate, do hereby whether Palestinian territories have LOUISIANA CONTESTED ELECTION move to bring to a close debate on the mo- become a beachead for terrorists. We Mr. WARNER. Mr. President, periodi- tion to proceed to Calendar 105, S. 830, the cally, I report to the Senate on the FDA reform bill: must ask ourselves if the PLO and Yas- Trent Lott, James Jeffords, Pat Roberts, ser Arafat are partners worthy of the work of the Rules Committee inves- Kay Bailey Hutchison, Tim Hutchin- confidence of the United States. tigation into alleged fraud and irreg- son, Conrad Burns, Chuck Hagel, Jon Mr. President, all we need do is look ularities that may have affected the Kyl, Rod Grams, Pete Domenici, Ted at the pictures on our television outcome of the 1996 Louisiana Senate S8822 CONGRESSIONAL RECORD — SENATE September 4, 1997 election. Our committee is conducting As I concluded the second series of from the President of the United this investigation under the authority Louisiana hearings, on August 27, I States, together with an accompanying given the Senate pursuant to article 1, stated that further hearings were need- report; which was referred to the Com- section 5 of the Constitution of the ed. In consultation with the commit- mittee on Governmental Affairs: United States. tee, I will soon set our next hearing. To the Congress of the United States: Briefly recapping, I reported on May The pullout of the Democrats. and re- In accordance with section 701 of the 8 of the committee’s efforts to secure a sultant loss of FBI support have com- Civil Service Reform Act of 1978 (Pub- bipartisan investigation. On May 23, I plicated our task, but we are continu- lic Law 95–454; 5 U.S.C. 7104(e)), I am reported our efforts to obtain the de- ing to make progress in this investiga- pleased to transmit the Eighteenth An- tail of FBI agents to the committee tion. My goal remains to ensure that nual Report of the Federal Labor Rela- and the agreement to issue over 130 the committee’s work is performed in tions Authority for Fiscal Year 1996. subpoenas, although for election keeping with the precedents of the Sen- The report includes information on records only. Then, on June 26, I re- ate in past election cases and to give the cases heard and decisions rendered ported that the Rules Committee the full committee my honest judg- by the Federal Labor Relations Au- Democrats had, unexpectedly, with- ment of the established facts. The com- thority, the General Counsel of the Au- drawn from the investigation—after mittee will then report to the full Sen- thority, and the Federal Service Im- only 2 weeks of committee action in ate its honest judgment of these facts passes Panel. the field. FBI support, likewise, was respecting the Senate’s duty under the WILLIAM J. CLINTON. terminated by the Attorney General. Constitution of the United States. I also reported that the results of the Suffice it to say, the results of this THE WHITE HOUSE, September 4, 1997. investigation had revealed a signifi- investigation to date are as yet incom- f cant failure, by election officials, in plete. We do not have that body of MESSAGES FROM THE HOUSE numerous Louisiana statutory provi- facts to convincingly state that fraud sions designed to safeguard the elec- or irregularities did, or did not, affect At 11:53 a.m., a message from the tion from voter fraud. Given these nu- the results of the 1996 election for the House of Representatives, delivered by merous breaches of law, although many U.S. Senator from Louisiana. Ms. Goetz, one of its reading clerks, an- appeared to be unintentional, I be- As developments occur, of such sig- nounced that pursuant to section 2702 lieved the Senate had an obligation to nificance as to inform Senators, I again of title 44, United States Code, as examine a broad number of areas where will give a timely report. amended by Public Law 101–509, the the potential for fraudulent acts and f Clerk of the House appoints the follow- voting could have occurred. ing individual on the part of the House On July 31, the committee authorized MESSAGES FROM THE PRESIDENT to the Advisory Committee on the me to continue the preliminary inves- Messages from the President of the Records of Congress: Mr. Roger David- tigation and granted me, by resolution, United States were communicated to son of Washington, D.C. the authority to issue subpoenas. To the Senate by Mr. Williams, one of his The message also announced that the date, I have issued 38 subpoenas, in ad- secretaries. House disagrees to the amendments of dition to the 134 Senator FORD and I EXECUTIVE MESSAGES REFERRED the Senate to the bill (H.R. 2016) mak- jointly agreed to issue, which have re- As in executive session the Presiding ing appropriations for military con- sulted in thousands of pages of docu- Officer laid before the Senate messages struction, family housing, and base re- ments as well as the appearance of nu- from the President of the United alignment and closure for the Depart- merous witnesses at 4 days of hearings States submitting nominations which ment of Defense for the fiscal year end- held in New Orleans. We have received were referred to the appropriate com- ing September 30, 1998, and for other testimony from officials in the LIFE mittees. purposes, and agrees to the conference [Louisiana Independent Federation of (The nominations received today are asked by the Senate on the disagreeing Electors, Inc.] organization, as well as printed at the end of the Senate pro- votes of the two Houses thereon; and the owners of Carl Mullican Commu- ceedings.) appoints Mr. PACKARD, Mr. PORTER, nications, Inc. [CMC], organizations f Mr. HOBSON, Mr. WICKER, Mr. KINGS- prominently mentioned in the Jenkins TON, Mr. PARKER, Mr. TIAHRT, Mr. REPORT OF THE ACTIVITIES OF petition and supporting documents. WAMP, Mr. LIVINGSTON, Mr. HEFNER, We have received testimony from THE U.S. GOVERNMENT IN THE Mr. OLVER, Mr. EDWARDS, Mr. DICKS, representatives of gambling-related UNITED NATIONS FOR CAL- Mr. HOYER, and Mr. OBEY as the man- companies, witnesses who have voted ENDAR YEAR 1996—MESSAGE agers of the conference on the part of more than once or had knowledge of FROM THE PRESIDENT—PM 62 the House. those who had, van drivers on election The PRESIDING OFFICER laid be- The message further announced that day, and election officials, including fore the Senate the following message the House disagrees to the amendment one who worked on election day as from the President of the United of the Senate to the bill (H.R. 2158) both an election official and as a can- States, together with an accompanying making appropriations for the Depart- vasser for a gambling company. report; which was referred to the Com- Our investigators have also inter- ment of Veterans Affairs and Housing mittee on Foreign Relations: viewed hundreds of people, regarding and Urban Development, and for sun- allegations of: mismatched signatures, To the Congress of the United States: dry independent agencies, commis- precincts closing beyond the prescribed I am pleased to transmit herewith a sions, corporations, and offices for the closing hour, multiple voting, non- report of the activities of the United fiscal year ending September 30, 1998, compliance with State voting laws, and States Government in the United Na- and for other purposes, and agrees to involvement of gambling industry in tions and its affiliated agencies during the conference asked by the Senate on the election. calendar year 1996. The report is re- the disagreeing votes of the two Houses On August 29, GAO detailed three quired by the United Nations Partici- thereon; and appoints Mr. LEWIS of persons to the committee to assist in pation Act (Public Law 264, 79th Con- California, Mr. DELAY, Mr. WALSH, Mr. the examination of election documents gress; 22 U.S.C. 287b). HOBSON, Mr. KNOLLENBERG, Mr. received as a result of subpoenas. We WILLIAM J. CLINTON. FRELINGHUYSEN, Mr. NEUMANN, Mr. are now negotiating for an additional THE WHITE HOUSE, September 4, 1997. WICKER, Mr. LIVINGSTON, Mr. STOKES, detail of qualified accountants to help f Mr. MOLLOHAN, Ms. KAPTUR, Mrs. examine the subpoenaed gambling in- MEEK, Mr. PRICE, and Mr. OBEY as the dustry documents. REPORT OF THE FEDERAL LABOR managers of the conference on the part We also have requested the Depart- RELATIONS AUTHORITY FOR FIS- of the House. ment of Justice to reconsider its with- CAL YEAR 1996—MESSAGE FROM The message also announced that the drawal and to return this case with THE PRESIDENT—PM 63 House disagrees to the amendment of added support. To date, we have been The PRESIDING OFFICER laid be- the Senate to bill (H.R. 2160) making met with their continued resistance. fore the Senate the following message appropriations for Agriculture, Rural September 4, 1997 CONGRESSIONAL RECORD — SENATE S8823

Development, Food and Drug Adminis- OBEY as the managers on the part of S. 1147. A bill to amend the Public tration, and related agencies programs the House. Health Service Act, Employee Retire- for the fiscal year ending September 30, f ment Income Security Act of 1974, and 1998, and for other purposes and agrees the Internal Revenue Code of 1986 to to the conference asked by the Senate MEASURES REFERRED provide for nondiscriminatory coverage on the disagreeing votes of the two The following bill, previously re- for substance abuse treatment services Houses thereon; and appoints Mr. ceived from the House of Representa- under private group and individual SKEEN, Mr. WALSH, Mr. DICKEY, Mr. tives for the concurrence of the Senate, health coverage; to the Committee on KINGSTON, Mr. NETHERCUTT, Mr. was read the first and second times by Labor and Human Resources. BONILLA, Mr. LATHAM, Mr. LIVINGSTON, unanimous consent and referred as in- THE SUBSTANCE ABUSE TREATMENT PARITY ACT Ms. KAPTUR, Mr. FAZIO, Mr. SERRANO, dicated: OF 1997 Mr. WELLSTONE. Mr. President, Ms. DELAURO, and Mr. OBEY as the H.R. 2035. An act to authorize the transfer managers of the conference on the part of naval vessels to certain foreign countries; today I rise to introduce legislation of the House. to the Committee on Armed Services. that will ensure that private health in- surance companies pay for substance The message also announced that the f House disagrees to the amendment of abuse treatment services at the same the Senate to the bill (H.R. 2169) mak- REPORTS OF COMMITTEES level that they pay for treatment for ing appropriations for the Department The following reports of committees other diseases. In other words, it is of Transportation and related agencies were submitted: meant to guarantee that insurance for the fiscal year ending September 30, coverage for substance abuse treat- By Mr. THOMPSON, from the Committee 1998, and for other purposes, and agrees on Governmental Affairs, with an amend- ment is provided in a nondiscrim- to the conferences asked by the Senate ment in the nature of a substitute: inatory manner. This bill, the Sub- on the disagreeing votes of the two S. 261. A bill to provide for biennial budget stance Abuse Parity Act of 1997, pro- Houses thereon; and appoints Mr. process and a biennial appropriations process vides this assurance. WOLF, Mr. DELAY, Mr. REGULA, Mr. and to enhance oversight and the perform- For too long, the problem of sub- ROGERS, Mr. PACKARD, Mr. CALLAHAN, ance of the Federal Government (Rept. No. stance abuse has been viewed as a Mr. TIAHRT, Mr. ADERHOLT, Mr. LIVING- 105–72). moral issue, rather than a disease. A By Mr. SPECTER, from the Committee on STON, Mr. SABO, Mr. FOGLIETTA, Mr. cloak of secrecy has surrounded this Veterans’ Affairs, without amendment and TORRES, Mr. OLVER, Mr. PASTOR, and problem, as people who have this dis- with a preamble: ease are often ashamed and afraid to Mr. OBEY as the managers of the con- H.J. Res. 75. A joint resolution to confer ference on the part of the House. status as an honorary veteran of the United admit their problem, for fear that they The message also announced that the States Armed Forces on Leslie Townes (Bob) will be seen as admitting a weakness in House disagrees to the amendment of Hope. character. We have all seen portrayals of alcoholics and addicts that are in- the Senate to the bill (H.R. 2203) mak- f ing appropriations for energy and tended to be humorous or derogatory, water development for the fiscal year INTRODUCTION OF BILLS AND and only reinforce the biases against ending September 30, 1998, and for JOINT RESOLUTIONS people who have problems with sub- stance abuse. Can you imagine this other purposes, and agrees to the con- The following bills and joint resolu- type of portrayal of someone who has a ference asked by the Senate on the dis- tions were introduced, read the first cardiac problem, or who happens to agreeing votes of the two Houses there- and second time by unanimous con- carry a gene that predisposes them to on; and appoints Mr. MCDADE, Mr. ROG- sent, and referred as indicated: diabetes? ERS, Mr. KNOLLENBERG, Mr. By Mr. WELLSTONE: Yet it has been shown that some FRELINGHUYSEN, Mr. PARKER, Mr. CAL- S. 1147. A bill to amend the Public Health forms of addiction have a genetic basis, LAHAN, Mr. DICKEY, Mr. LIVINGSTON, Service Act, Employee Retirement Income and we still try to hide the seriousness Mr. FAZIO, Mr. VISCLOSKY, Mr. ED- Security Act of 1974, and the Internal Reve- nue Code of 1986 to provide for nondiscrim- of this problem. We forget that some- WARDS, Mr. PASTOR, and Mr. OBEY as one who has a problem with drugs or the managers on the part of the House. inatory coverage for substance abuse treat- ment services under private group and indi- alcohol can look just like the person The message further announced that we see in the mirror, or the person who the House disagrees to the amendments vidual health coverage; to the Committee on Labor and Human Resources. is sitting next to us on a plane. In fact, of the Senate to the bill (H.R. 2209) By Mr. D’AMATO: it is unlikely that any of us have not making appropriations for the legisla- S. 1148. A bill to amend title 49, United experienced substance abuse within our tive branch for the fiscal year ending States Code, to require the forfeiture of families or our circle of friends. September 30, 1998, and for other pur- counterfeit access devices and device-making The statistics concerning substance poses, and agrees to the conference equipment; to the Committee on the Judici- abuse are startling. In a recent article ary. asked by the Senate on the disagreeing in Scientific American, December 1996, votes of the two Houses thereon; and By Mr. GRASSLEY (for himself, Mr. DURBIN, Mr. COVERDELL, Mr. SHELBY, it was reported that excessive alcohol appoints Mr. WALSH, Mr. YOUNG of and Mr. KYL): consumption is estimated to cause Florida, Mr. CUNNINGHAM, Mr. WAMP, S. 1149. A bill to amend title 11, United more than 100,000 deaths in the United Mr. LATHAM, Mr. LIVINGSTON, Mr. States Code, to provide for increased edu- States each year. Of these deaths, 24 SERRANO, Mr. FAZIO, Ms. KAPTUR, and cation funding, and for other purposes; to percent are due to drunken driving, 11 Mr. OBEY as the managers of the con- the Committee on the Judiciary. percent are homicides, and 8 percent ference on the part of the House. f are suicides. Alcohol contributes to The message also announced that the cancers of the esophagus, larynx, and House disagrees to the amendment of SUBMISSION OF CONCURRENT AND oral cavity, which account for 17 per- the Senate to the bill (H.R. 2266) mak- SENATE RESOLUTIONS cent of the deaths. Strokes related to ing appropriations for the Department The following concurrent resolutions alcohol use account for another nine of Defense for the fiscal year ending and Senate resolutions were read, and percent of deaths. Alcohol causes sev- September 30, 1998, and for other pur- referred (or acted upon), as indicated: eral other ailments such as cirrhosis of poses, and agrees to the conference By Mr. HUTCHINSON: the liver. These ailments account for 18 asked by the Senate on the disagreeing S. Con. Res. 50. A concurrent resolution percent of the deaths. votes of the two Houses thereon; and condemning in the strongest possible terms We know that alcohol and other appoints Mr. YOUNG of Florida, Mr. the bombing in Jerusalem on September 4, drugs contribute to other problems as MCDADE, Mr. LEWIS of California, Mr. 1997; to the Committee on Foreign Relations. well. Addictive substances have the po- SKEEN, Mr. HOBSON, Mr. BONILLA, Mr. f tential for destroying the person who is NETHERCUTT, Mr. ISTOOK, Mr. addicted, their family and their other CUNNINGHAM, Mr. LIVINGSTON, Mr. MUR- STATEMENTS ON INTRODUCED relationships. In a 1993 Report to Con- THA, Mr. DICKS, Mr. HEFNER, Mr. SABO, BILLS AND JOINT RESOLUTIONS gress on Alcohol and Health, the Sec- Mr. DIXON, Mr. VISCLOSKY, and Mr. By Mr. WELLSTONE: retary of Health and Human Services S8824 CONGRESSIONAL RECORD — SENATE September 4, 1997 stated that ‘‘Alcohol is associated with an increasing trend in new heroin use Substance abuse treatment reduces overall a substantial proportion of human vio- since 1992. A large proportion of these hospital admission rates by at least 38 per- lence, and perpetrators are often under recent new users were smoking, snort- cent. Hospital admissions for drug overdose the influence of alcohol.’’ There are ing, or sniffing heroin, and most were decreased by 58 percent among those who had been treated. high rates of alcohol and other drug in- under age 26. The rate of heroin initi- Ninety-five percent of women reported un- volvement in domestic violence and ation for the age group 12–17 reached complicated births, free of illicit drugs, after child abuse. For example, in 1987, 64 historic levels. one year of treatment. We know what the problems are, and percent of all reported child abuse and The state Alcohol and Other Drug Author- neglect cases in the city of New York we can document them. But we have ity in Minnesota has reported that, for were related to alcohol and other drug done little to treat the problems or chemical dependency clients, the state has abuse. With respect to domestic vio- prevent them. In order to decrease the saved approximately $22 million in annual lence, a study of over 2,000 American violence, the domestic violence, child health care costs by providing treatment. couples demonstrated that rates of do- abuse, homicide, suicide, the motor ve- So, it is apparent from these data mestic violence were almost 15 times hicle crashes, the cancers and the other that substance abuse treatment works, illnesses and deaths due to alcohol and higher in households where husbands and can help reduce health care costs drug use, we must treat the alcohol were often drunk as compared to those and costs to society. We need to ensure and drug abuse problems. But right households in which they were never that health care insurance providers do now, even if treatment is available and drunk. And, alcohol has been shown to not discriminate in their coverage of accessible, it is often unaffordable, as be present in over 50 percent of all inci- substance abuse treatment services. dents of domestic violence. In addition, many health plans do not pay for treat- The Substance Abuse Treatment Par- substance use itself may result from di- ment for substance abuse at the same ity Act of 1997 provides for nondiscrim- rect experience with interpersonal vio- rate at which they pay for treatment of inatory coverage of substance abuse lence, as demonstrated by a study of other diseases. This seems 472 women. This study showed that 87 counterintuitive, given the relation- treatment services by private health percent of alcoholic women had been ship between substance use and other insurers. It does not require that sub- physically or sexually abused as chil- diseases. It would only seem logical stance abuse benefits be part of a dren as compared to 59 percent of the that if we are willing to pay for the health benefits package, but estab- nonalcoholic women in the study. We treatment of substance abuse, we lishes a requirement for parity in cov- know that over 40 percent of motor ve- would decrease costs of treatment for erage for those plans that offer sub- hicle crash fatalities are alcohol-relat- other diseases in the long run, as we stance abuse coverage. ed, and that many of the alcohol drink- would decrease the occurrence of those Mr. President, my bill would prohibit ers involved in these crashes have had diseases that are related to substance private insurance providers from im- long standing problems with alcohol abuse. posing caps, copayments, and abuse. It is estimated that over 25 per- SAMHSA has summarized the impor- deductibles and day and visit limits for cent of emergency department visits tance of substance abuse treatment as substance abuse treatment services may be alcohol related, and that alco- follows: that differ from those that are de- hol and other drug use accounts for at Substance abuse adds substantially to the scribed for other covered illnesses. In least 40 percent of hospital admissions. nation’s total health care bill. Numerous other words, private health insurers Data from the 1996 National House- studies show that providing adequate and ac- must treat substance abuse like any hold Survey on Drug Abuse, which is cessible treatment for those with alcohol and other disease. Covered services include conducted by the Substance Abuse and illicit drug problems is the most effective inpatient treatment, including detoxi- method to improve the health of drug abus- Mental Health Services Administra- ers and relieve the growing burden of drug- fication; nonhospital residential treat- tion, provide the following estimates of related health care costs. Treatment is a ment; outpatient treatment, including substance use in the United States: sound, long-term and cost-effective invest- screening and assessment, medication ALCOHOL ment in America’s future. management, individual, group and There were about 9 million current SUBSTANCE ABUSE AND HEALTH CARE COSTS family counseling and relapse preven- alcohol, including beer, wine, and dis- Approximately 35 percent of all AIDS cases tion; and prevention services, including tilled spirits, drinkers under age 21 in are related to intravenous drug use, and over health education and individual and 1996. Of these, 4.4 million were binge 60 percent of all pediatric AIDS cases are re- group counseling to encourage the re- drinkers, including 1.9 million heavy lated to maternal exposure to HIV through duction of risk factors for substance drug use or sex with a drug user. drinkers. On the average, untreated alcoholics gen- abuse. MARIJUANA erally incur general health care costs that Mr. President, the Substance Abuse In 1996, an estimated 10.1 million are at least 100 percent higher than those of Treatment Parity Act of 1997 is de- Americans were current, past month, the non-alcoholic. In the last 12 months be- signed to take a large step toward de- marijuana or hashish users. This rep- fore treatment, the alcoholic’s costs are creasing the problem of substance close to 300 percent higher. resents 4.7 percent of the population abuse and its consequences. We can’t aged 12 and older. More than 5 percent (221,000) of the 4 mil- Marijuana is by far the most preva- lion women who give birth each year use il- afford not to provide this coverage. lent drug used by illicit drug users. Ap- licit drugs during their pregnancy. Mr. President, I ask unanimous con- The Health Insurance Association of Amer- sent that the text of the bill be printed proximately three-quarters, 77 percent ica estimates an expenditure of from $48,000 of current illicit drug users were mari- to $150,000 in costs of maternity care, physi- in the RECORD. juana or hashish users in 1996. cians’ fees and hospital charges for each de- There being no objection, the bill was COCAINE livery that is complicated by substance ordered to be printed in the RECORD, as The number of occasional cocaine abuse. follows: The number of methamphetamine (speed)- users, people who used in the past year related emergency room episodes increased S. 1147 but on fewer than 12 days, was 2.6 mil- by 35 percent (from 7,800 to 10,600) between Be it enacted by the Senate and House of Rep- lion in 1996, similar to what it was in the first half of 1994 and the first half of 1995. resentatives of the United States of America in 1995. The number of users was down sig- HEALTH CARE AND TREATMENT Congress assembled, nificantly from 1985, when it was 7.1 Chicago’s Women’s Treatment Center of- SECTION 1. SHORT TITLE. fers a wide variety of residential and out- million. This Act may be cited as the ‘‘Substance patient programs for adolescent girls, preg- HALLUCINOGENS Abuse Treatment Parity Act of 1997’’. The rate of current use of nant women and women with young chil- dren. The Center has the only crisis nursery SEC. 2. PARITY IN SUBSTANCE ABUSE TREAT- hallucinogens among youth age 12–17 MENT BENEFITS. has nearly doubled in 2 years, 1.1 per- in Chicago, which provides care 24 hours a day to the infants and children of women un- (a) GROUP HEALTH PLANS.— cent in 1994, 1.7 percent in 1995, and 2.0 dergoing medically supervised detoxifica- (1) PUBLIC HEALTH SERVICE ACT AMEND- percent in 1996. tion. As a result of the Women’s Treatment MENTS.—(A) Subpart 2 of part A of title HEROIN Center’s focus on responsible parenting, 67 XXVII of the Public Health Service Act (as There were an estimated 141,000 new drug-free babies have been born to women in added by section 604(a) of the Newborns’ and heroin users in 1995, and there has been treatment. Mothers’ Health Protection Act of 1996 and September 4, 1997 CONGRESSIONAL RECORD — SENATE S8825

amended by section 703(a) of the Mental health insurance coverage, any day or visit ‘‘(c) EXEMPTIONS.— Health Parity Act of 1996) is amended by limits imposed on coverage of benefits under ‘‘(1) SMALL EMPLOYER EXEMPTION.— adding at the end the following new section: the plan or coverage during a period of time. ‘‘(A) IN GENERAL.—This section shall not ‘‘SEC. 2706. PARITY IN THE APPLICATION OF ‘‘(2) FINANCIAL REQUIREMENT.—The term apply to any group health plan (and group TREATMENT LIMITATIONS AND FI- ‘financial requirement’ means, with respect health insurance coverage offered in connec- NANCIAL REQUIREMENTS TO SUB- to benefits under a group health plan or tion with a group health plan) for any plan STANCE ABUSE TREATMENT BENE- health insurance coverage, any deductible, year of a small employer. FITS. coinsurance, or cost-sharing or an annual or ‘‘(B) SMALL EMPLOYER.—For purposes of ‘‘(a) IN GENERAL.—In the case of a group lifetime dollar limit imposed with respect to subparagraph (A), the term ‘small employer’ health plan (or health insurance coverage of- the benefits under the plan or coverage. means, in connection with a group health fered in connection with such a plan) that ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The plan with respect to a calendar year and a provides both medical and surgical benefits term ‘medical or surgical benefits’ means plan year, an employer who employed an av- and substance abuse treatment benefits, the benefits with respect to medical or surgical erage of at least 2 but not more than 50 em- plan or coverage shall not impose treatment services, as defined under the terms of the ployees on business days during the preced- limitations or financial requirements on the plan or coverage (as the case may be), but ing calendar year and who employs at least substance abuse treatment benefits unless does not include substance abuse treatment 2 employees on the first day of the plan year. similar limitations or requirements are im- benefits. ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- posed for medical and surgical benefits. ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- TERMINATION OF EMPLOYER SIZE.—For pur- ‘‘(b) CONSTRUCTION.—Nothing in this sec- FITS.—The term ‘substance abuse treatment poses of this paragraph— tion shall be construed— benefits’ means benefits with respect to sub- ‘‘(i) APPLICATION OF AGGREGATION RULE FOR ‘‘(1) as requiring a group health plan (or stance abuse treatment services. EMPLOYERS.—Rules similar to the rules health insurance coverage offered in connec- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- under subsections (b), (c), (m), and (o) of sec- tion with such a plan) to provide any sub- ICES.—The term ‘substance abuse services’ tion 414 of the Internal Revenue Code of 1986 stance abuse treatment benefits; or means any of the following items and serv- shall apply for purposes of treating persons ‘‘(2) to prevent a group health plan or a ices provided for the treatment of substance as a single employer. health insurance issuer offering group health abuse: ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- insurance coverage from negotiating the ‘‘(A) Inpatient treatment, including detoxi- CEDING YEAR.—In the case of an employer level and type of reimbursement with a pro- fication. which was not in existence throughout the vider for care provided in accordance with ‘‘(B) Non-hospital residential treatment. preceding calendar year, the determination this section. ‘‘(C) Outpatient treatment, including of whether such employer is a small em- ‘‘(c) EXEMPTIONS.— screening and assessment, medication man- ployer shall be based on the average number ‘‘(1) SMALL EMPLOYER EXEMPTION.— agement, individual, group, and family coun- of employees that it is reasonably expected ‘‘(A) IN GENERAL.—This section shall not seling, and relapse prevention. such employer will employ on business days apply to any group health plan (and group ‘‘(D) Prevention services, including health in the current calendar year. health insurance coverage offered in connec- education and individual and group counsel- ‘‘(iii) PREDECESSORS.—Any reference in tion with a group health plan) for any plan ing to encourage the reduction of risk fac- this paragraph to an employer shall include year of a small employer. tors for substance abuse. a reference to any predecessor of such em- ‘‘(B) SMALL EMPLOYER.—For purposes of ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- ployer. subparagraph (A), the term ‘small employer’ stance abuse’ includes chemical dependency. ‘‘(2) INCREASED COST EXEMPTION.—This sec- means, in connection with a group health ‘‘(f) NOTICE.—A group health plan under plan with respect to a calendar year and a this part shall comply with the notice re- tion shall not apply with respect to a group plan year, an employer who employed an av- quirement under section 713(f) of the Em- health plan (or health insurance coverage of- erage of at least 2 but not more than 50 em- ployee Retirement Income Security Act of fered in connection with a group health plan) ployees on business days during the preced- 1974 with respect to the requirements of this if the application of this section to such plan ing calendar year and who employs at least section as if such section applied to such (or to such coverage) results in an increase 2 employees on the first day of the plan year. plan. in the cost under the plan (or for such cov- erage) of at least 1 percent. ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- ‘‘(g) SUNSET.—This section shall not apply TERMINATION OF EMPLOYER SIZE.—For pur- to benefits for services furnished on or after ‘‘(d) SEPARATE APPLICATION TO EACH OP- poses of this paragraph— September 30, 2002.’’. TION OFFERED.—In the case of a group health ‘‘(i) APPLICATION OF AGGREGATION RULE FOR (B) Section 2723(c) of such Act (42 U.S.C. plan that offers a participant or beneficiary EMPLOYERS.—Rules similar to the rules 300gg–23(c)), as amended by section 604(b)(2) two or more benefit package options under under subsections (b), (c), (m), and (o) of sec- of Public Law 104–204, is amended by striking the plan, the requirements of this section tion 414 of the Internal Revenue Code of 1986 ‘‘section 2704’’ and inserting ‘‘sections 2704 shall be applied separately with respect to shall apply for purposes of treating persons and 2706’’. each such option. as a single employer. (2) ERISA AMENDMENTS.—(A) Subpart B of ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- part 7 of subtitle B of title I of the Employee tion— CEDING YEAR.—In the case of an employer Retirement Income Security Act of 1974 (as ‘‘(1) TREATMENT LIMITATION.—The term which was not in existence throughout the added by section 603(a) of the Newborns’ and ‘treatment limitation’ means, with respect preceding calendar year, the determination Mothers’ Health Protection Act of 1996 and to benefits under a group health plan or of whether such employer is a small em- amended by section 702(a) of the Mental health insurance coverage, any day or visit ployer shall be based on the average number Health Parity Act of 1996) is amended by limits imposed on coverage of benefits under of employees that it is reasonably expected adding at the end the following new section: the plan or coverage during a period of time. such employer will employ on business days ‘‘SEC. 713. PARITY IN THE APPLICATION OF ‘‘(2) FINANCIAL REQUIREMENT.—The term in the current calendar year. TREATMENT LIMITATIONS AND FI- ‘financial requirement’ means, with respect NANCIAL REQUIREMENTS TO SUB- to benefits under a group health plan or ‘‘(iii) PREDECESSORS.—Any reference in STANCE ABUSE TREATMENT BENE- this paragraph to an employer shall include FITS. health insurance coverage, any deductible, a reference to any predecessor of such em- ‘‘(a) IN GENERAL.—In the case of a group coinsurance, or cost-sharing or an annual or ployer. health plan (or health insurance coverage of- lifetime dollar limit imposed with respect to ‘‘(2) INCREASED COST EXEMPTION.—This sec- fered in connection with such a plan) that the benefits under the plan or coverage. tion shall not apply with respect to a group provides both medical and surgical benefits ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The health plan (or health insurance coverage of- and substance abuse treatment benefits, the term ‘medical or surgical benefits’ means fered in connection with a group health plan) plan or coverage shall not impose treatment benefits with respect to medical or surgical if the application of this section to such plan limitations or financial requirements on the services, as defined under the terms of the (or to such coverage) results in an increase substance abuse treatment benefits unless plan or coverage (as the case may be), but in the cost under the plan (or for such cov- similar limitations or requirements are im- does not include substance abuse treatment erage) of at least 1 percent. posed for medical and surgical benefits. benefits. ‘‘(d) SEPARATE APPLICATION TO EACH OP- ‘‘(b) CONSTRUCTION.—Nothing in this sec- ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- TION OFFERED.—In the case of a group health tion shall be construed— FITS.—The term ‘substance abuse treatment plan that offers a participant or beneficiary ‘‘(1) as requiring a group health plan (or benefits’ means benefits with respect to sub- two or more benefit package options under health insurance coverage offered in connec- stance abuse treatment services. the plan, the requirements of this section tion with such a plan) to provide any sub- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- shall be applied separately with respect to stance abuse treatment benefits; or ICES.—The term ‘substance abuse services’ each such option. ‘‘(2) to prevent a group health plan or a means any of the following items and serv- ‘‘(e) DEFINITIONS.—For purposes of this sec- health insurance issuer offering group health ices provided for the treatment of substance tion— insurance coverage from negotiating the abuse: ‘‘(1) TREATMENT LIMITATION.—The term level and type of reimbursement with a pro- ‘‘(A) Inpatient treatment, including detoxi- ‘treatment limitation’ means, with respect vider for care provided in accordance with fication. to benefits under a group health plan or this section. ‘‘(B) Non-hospital residential treatment. S8826 CONGRESSIONAL RECORD — SENATE September 4, 1997

‘‘(C) Outpatient treatment, including ‘‘Subchapter B—Other Requirements ‘‘(1) TREATMENT LIMITATION.—The term screening and assessment, medication man- ‘‘Sec. 9811. Parity in the application of ‘treatment limitation’ means, with respect agement, individual, group, and family coun- treatment limitations and fi- to benefits under a group health plan or seling, and relapse prevention. nancial requirements to sub- health insurance coverage, any day or visit ‘‘(D) Prevention services, including health stance abuse treatment bene- limits imposed on coverage of benefits under education and individual and group counsel- fits. the plan or coverage during a period of time. ing to encourage the reduction of risk fac- ‘‘SEC. 9811. PARITY IN THE APPLICATION OF ‘‘(2) FINANCIAL REQUIREMENT.—The term tors for substance abuse. TREATMENT LIMITATIONS AND FI- ‘financial requirement’ means, with respect ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- NANCIAL REQUIREMENTS TO SUB- to benefits under a group health plan or stance abuse’ includes chemical dependency. STANCE ABUSE TREATMENT BENE- health insurance coverage, any deductible, ‘‘(f) NOTICE UNDER GROUP HEALTH PLAN.— FITS. coinsurance, or cost-sharing or an annual or The imposition of the requirements of this ‘‘(a) IN GENERAL.—In the case of a group lifetime dollar limit imposed with respect to section shall be treated as a material modi- health plan (or health insurance coverage of- the benefits under the plan or coverage. fication in the terms of the plan described in fered in connection with such a plan) that ‘‘(3) MEDICAL OR SURGICAL BENEFITS.—The section 102(a)(1), for purposes of assuring no- provides both medical and surgical benefits term ‘medical or surgical benefits’ means tice of such requirements under the plan; ex- and substance abuse treatment benefits, the benefits with respect to medical or surgical cept that the summary description required plan or coverage shall not impose treatment services, as defined under the terms of the to be provided under the last sentence of sec- limitations or financial requirements on the plan or coverage (as the case may be), but tion 104(b)(1) with respect to such modifica- substance abuse treatment benefits unless does not include substance abuse treatment tion shall be provided by not later than 60 similar limitations or requirements are im- benefits. days after the first day of the first plan year posed for medical and surgical benefits. ‘‘(4) SUBSTANCE ABUSE TREATMENT BENE- ‘‘(b) CONSTRUCTION.—Nothing in this sec- in which such requirements apply. FITS.—The term ‘substance abuse treatment ‘‘(g) SUNSET.—This section shall not apply tion shall be construed— benefits’ means benefits with respect to sub- to benefits for services furnished on or after ‘‘(1) as requiring a group health plan (or stance abuse treatment services. September 30, 2002.’’. health insurance coverage offered in connec- ‘‘(5) SUBSTANCE ABUSE TREATMENT SERV- (B) Section 731(c) of such Act (29 U.S.C. tion with such a plan) to provide any sub- ICES.—The term ‘substance abuse services’ 1191(c)), as amended by section 603(b)(1) of stance abuse treatment benefits; or means any of the following items and serv- Public Law 104–204, is amended by striking ‘‘(2) to prevent a group health plan or a ices provided for the treatment of substance ‘‘section 711’’ and inserting ‘‘sections 711 and health insurance issuer offering group health abuse: 713’’. insurance coverage from negotiating the ‘‘(A) Inpatient treatment, including detoxi- (C) Section 732(a) of such Act (29 U.S.C. level and type of reimbursement with a pro- fication. 1191a(a)), as amended by section 603(b)(2) of vider for care provided in accordance with ‘‘(B) Non-hospital residential treatment. Public Law 104–204, is amended by striking this section. ‘‘(C) Outpatient treatment, including ‘‘section 711’’ and inserting ‘‘sections 711 and ‘‘(c) EXEMPTIONS.— screening and assessment, medication man- 713’’. ‘‘(1) SMALL EMPLOYER EXEMPTION.— agement, individual, group, and family coun- (D) The table of contents in section 1 of ‘‘(A) IN GENERAL.—This section shall not seling, and relapse prevention. such Act is amended by inserting after the apply to any group health plan (and group ‘‘(D) Prevention services, including health item relating to section 712 the following health insurance coverage offered in connec- education and individual and group counsel- new item: tion with a group health plan) for any plan ing to encourage the reduction of risk fac- ‘‘Sec. 713. Parity in the application of treat- year of a small employer. tors for substance abuse. ment limitations and financial ‘‘(B) SMALL EMPLOYER.—For purposes of ‘‘(6) SUBSTANCE ABUSE.—The term ‘sub- requirements to substance subparagraph (A), the term ‘small employer’ stance abuse’ includes chemical dependency. abuse treatment benefits.’’. means, in connection with a group health ‘‘(f) SUNSET.—This section shall not apply plan with respect to a calendar year and a (3) INTERNAL REVENUE CODE AMENDMENTS.— to benefits for services furnished on or after plan year, an employer who employed an av- (A) Subtitle K of the Internal Revenue Code September 30, 2002.’’. erage of at least 2 but not more than 50 em- of 1986 (as added by section 401(a) of the (B) CONFORMING AMENDMENTS.— ployees on business days during the preced- Health Insurance Portability and Account- (i) Chapter 100 of such Code (as added by ing calendar year and who employs at least ability Act of 1996) is amended— section 401 of the Health Insurance Port- 2 employees on the first day of the plan year. (i) by striking all that precedes section ability and Accountability Act of 1996 and as ‘‘(C) APPLICATION OF CERTAIN RULES IN DE- 9801 and inserting the following: previously amended by this section) is fur- TERMINATION OF EMPLOYER SIZE.—For pur- ther amended— ‘‘Subtitle K—Group Health Plan poses of this paragraph— (I) in the last sentence of section 9801(c)(1), Requirements ‘‘(i) APPLICATION OF AGGREGATION RULE FOR by striking ‘‘section 9805(c)’’ and inserting ‘‘CHAPTER 100. Group health plan require- EMPLOYERS.—Rules similar to the rules ‘‘section 9832(c)’’; ments. under subsections (b), (c), (m), and (o) of sec- (II) in section 9831(b), by striking ‘‘CHAPTER 100—GROUP HEALTH PLAN tion 414 of the Internal Revenue Code of 1986 ‘‘9805(c)(1)’’ and inserting ‘‘9832(c)(1)’’; REQUIREMENTS shall apply for purposes of treating persons (III) in section 9831(c)(1), by striking ‘‘Subchapter A. Requirements relating to as a single employer. ‘‘9805(c)(2)’’ and inserting ‘‘9832(c)(2)’’; portability, access, and renew- ‘‘(ii) EMPLOYERS NOT IN EXISTENCE IN PRE- (IV) in section 9831(c)(2), by striking ability. CEDING YEAR.—In the case of an employer ‘‘9805(c)(3)’’ and inserting ‘‘9832(c)(3)’’; and ‘‘Subchapter B. Other requirements. which was not in existence throughout the (V) in section 9831(c)(3), by striking ‘‘Subchapter C. General provisions. preceding calendar year, the determination ‘‘9805(c)(4)’’ and inserting ‘‘9832(c)(4)’’. of whether such employer is a small em- ‘‘Subchapter A—Requirements Relating to (ii) Section 4980D of such Code (as added by ployer shall be based on the average number Portability, Access, and Renewability section 402 of the Health Insurance Port- of employees that it is reasonably expected ability and Accountability Act of 1996) is ‘‘Sec. 9801. Increased portability through such employer will employ on business days amended— limitation on preexisting condi- in the current calendar year. (I) in subsection (c)(3)(B)(i)(I), by striking tion exclusions. ‘‘(iii) PREDECESSORS.—Any reference in ‘‘9805(d)(3)’’ and inserting ‘‘9832(d)(3)’’; ‘‘Sec. 9802. Prohibiting discrimination this paragraph to an employer shall include (II) in subsection (d)(1), by inserting against individual participants a reference to any predecessor of such em- ‘‘(other than a failure attributable to section and beneficiaries based on ployer. 9811)’’ after ‘‘on any failure’’; health status. ‘‘(2) INCREASED COST EXEMPTION.—This sec- (III) in subsection (d)(3), by striking ‘‘9805’’ ‘‘Sec. 9803. Guaranteed renewability in mul- tion shall not apply with respect to a group and inserting ‘‘9832’’; tiemployer plans and certain health plan (or health insurance coverage of- (IV) in subsection (f)(1), by striking multiple employer welfare ar- fered in connection with a group health plan) ‘‘9805(a)’’ and inserting ‘‘9832(a)’’. rangements.’’, if the application of this section to such plan (iii) The table of subtitles for such Code is (ii) by redesignating sections 9804, 9805, and (or to such coverage) results in an increase amended by striking the item relating to 9806 as sections 9831, 9832, and 9833, respec- in the cost under the plan (or for such cov- subtitle K (as added by section 401(b) of the tively, erage) of at least 1 percent. Health Insurance Portability and Account- (iii) by inserting before section 9831 (as so ‘‘(d) SEPARATE APPLICATION TO EACH OP- ability Act of 1996) and inserting the follow- redesignated) the following: TION OFFERED.—In the case of a group health ing new item: ‘‘Subchapter C—General Provisions plan that offers a participant or beneficiary two or more benefit package options under ‘‘SUBTITLE K. Group health plan require- ‘‘Sec. 9831. General exceptions. the plan, the requirements of this section ments.’’ ‘‘Sec. 9832. Definitions. shall be applied separately with respect to (b) INDIVIDUAL HEALTH INSURANCE.—(1) ‘‘Sec. 9833. Regulations.’’, and each such option. Part B of title XXVII of the Public Health (iv) by inserting after section 9803 the fol- ‘‘(e) DEFINITIONS.—For purposes of this sec- Service Act (as added by section 605(a) of the lowing: tion— Newborn’s and Mother’s Health Protection September 4, 1997 CONGRESSIONAL RECORD — SENATE S8827 Act of 1996) is amended by inserting after lions of dollars annually, and these Mr. President, I ask unanimous con- section 2751 the following new section: costs are passed down to consumers sent that the text of the bill be printed ‘‘SEC. 2752. PARITY IN THE APPLICATION OF who use credit cards and cellular tele- in the RECORD. TREATMENT LIMITATIONS AND FI- NANCIAL REQUIREMENTS TO SUB- phones. The cellular telephone indus- There being no objection, the bill was STANCE ABUSE BENEFITS. try alone loses $650 million each year ordered to be printed in the RECORD, as ‘‘(a) IN GENERAL.—The provisions of sec- due to counterfeit or cloned telephone. follows: tion 2706 (other than subsection (e)) shall The credit card industry faces a similar S. 1148 apply to health insurance coverage offered problem. by a health insurance issuer in the individ- Be it enacted by the Senate and House of Rep- The criminals who perpetrate these resentatives of the United States of America in ual market in the same manner as it applies frauds use specialized equipment to to health insurance coverage offered by a Congress assembled, health insurance issuer in connection with a clone cell phones and credit cards to SECTION 1. FORFEITURES RELATING TO COUN- group health plan in the small or large group create phony copies which can be sold TERFEIT ACCESS DEVICES. market. on the street or used to rack up thou- Section 80302(a) of title 49, United States ‘‘(b) NOTICE.—A health insurance issuer sands of dollars in unauthorized credit Code, is amended— under this part shall comply with the notice card purchases and telephone calls. (1) in paragraph (5), by striking ‘‘or’’ at the requirement under section 713(f) of the Em- There is no legitimate reason for an in- end; ployee Retirement Income Security Act of dividual to possess this special equip- (2) in paragraph (6), by striking the period 1974 with respect to the requirements re- ment used to create these phony cop- at the end and inserting ‘‘; or’’; and ferred to in subsection (a) as if such section ies. This equipment is only useful to (3) by adding at the end the following: applied to such issuer and such issuer were a ‘‘(7) a counterfeit access device or any de- group health plan.’’. create counterfeit credit cards and cell vice-making equipment (as those terms are (2) Section 2762(b)(2) of such Act (42 U.S.C. phones. defined in section 1029 of title 18).’’. 300gg–62(b)(2)), as added by section Under current law, this equipment is 605(b)(3)(B) of Public Law 104–204, is amended actually returned to the criminal after By Mr. GRASSLEY (for himself, by striking ‘‘section 2751’’ and inserting he serves his sentence. The equipment Mr. DURBIN, Mr. COVERDELL, ‘‘sections 2751 and 2752’’. is frequently used again to commit the (c) EFFECTIVE DATES.—(1) Subject to para- Mr. SHELBY, and Mr. KYL): graph (3), the amendments made by sub- same crimes over and over. The Gov- S. 1149. A bill to amend title 11, Unit- section (a) shall apply with respect to group ernment cannot confiscate the equip- ed States Code, to provide for increased health plans for plan years beginning on or ment without a separate expensive and education funding, and for other pur- after January 1, 1999. time-consuming forfeiture proceeding. poses; to the Committee on the Judici- (2) The amendment made by subsection (b) Mr. President, it is preposterous that ary. shall apply with respect to health insurance the Government must return the tools coverage offered, sold, issued, renewed, in ef- used to commit these crimes to crimi- THE INVESTMENT IN EDUCATION ACT OF 1997 fect, or operated in the individual market on nals, even if they are convicted. These Mr. GRASSLEY. Mr. President, I rise or after such date. today to introduce the Investment in (3) In the case of a group health plan main- criminals are exploiting a loophole in the Federal forfeiture laws. My bill Education Act of 1997. This bill will tained pursuant to 1 or more collective bar- close gaping loopholes in the current gaining agreements between employee rep- will close this loophole. resentatives and 1 or more employers rati- My bill would amend title 49 of the bankruptcy code which allow compa- fied before the date of enactment of this Act, United States Code to make this equip- nies that declare bankruptcy to cheat the amendments made subsection (a) shall ment, as well as the counterfeit credit schools out of badly needed education not apply to plan years beginning before the cards and telephones themselves, con- funds. This bill has the support of Sen- later of— traband. This designation would make ator DURBIN, the ranking member on (A) the date on which the last collective my subcommittee. In an effort to work bargaining agreements relating to the plan it a Federal crime to possess these items. My bill would also require that in a truly bipartisan way, I have terminates (determined without regard to reached out to the administration and any extension thereof agreed to after the these items must not be returned to date of enactment of this Act), or the criminals. have made several changes in the bill (B) January 1, 1999. Mr. President, these crimes take a to accommodate the White House. As For purposes of subparagraph (A), any plan tremendous toll on consumers whose of now, I have received very positive amendment made pursuant to a collective telephones and credit cards are cloned signals from the administration and bargaining agreement relating to the plan by this equipment. By the time the I’m optimistic that the administration which amends the plan solely to conform to consumer discovers that his or her will come out in favor of the bill. any requirement added by subsection (a) telephone or credit card has been cop- As we all know, our Nation’s edu- shall not be treated as a termination of such ied, the criminals usually have racked cators face difficult challenges every collective bargaining agreement. day, whether from crumbling facilities (d) COORDINATED REGULATIONS.—Section up thousands of dollars in unauthorized 104(1) of Health Insurance Portability and charges. This can have a devastating or classes that are too large because a Accountability Act of 1996 is amended by effect on consumers’ credit ratings, school district can’t afford additional striking ‘‘this subtitle (and the amendments rendering them unable to purchase a teachers. Money won’t solve every one made by this subtitle and section 401)’’ and car or home or start a business. These of the problems facing our schools. But inserting ‘‘the provisions of part 7 of subtitle problems can take years to correct. protecting funding for education from B of title I of the Employee Retirement In- Last Congress, I introduced a similar losses due to bankruptcies will do a come Security Act of 1974, and the provisions bill, S. 1380. Unfortunately, the session great deal of good. That’s why I believe of parts A and C of title XXVII of the Public that the Congress should enact the In- Health Service Act, and chapter 1000 of the ended before Congress was able to act. Internal Revenue Code of 1986’’. However, this bill is not without prece- vestment in Education Act quickly to dent. A similar measure was passed stem a federally created drain on al- By Mr. D’AMATO: last year regarding counterfeit videos ready scarce education resources. S. 1148. A bill to amend title 49, Unit- and music. These items are now consid- As President Clinton has said, the ed States Code, to require the forfeit- ered contraband under the new law. In- era of big Government is over, and we ure of counterfeit access devises and dustry leaders and law enforcement au- have a responsibility in Congress to device-making equipment; to the Com- thorities enthusiastically support this make certain that Federal laws—like mittee on the Judiciary. legislation. the bankruptcy code—do not tie the THE COUNTERFEIT ACCESS DEVICES ACT OF 1997 Mr. President, the Government must hands of State and local governments. Mr. D’AMATO. Mr. President, I rise stop unwittingly aiding criminals to My bill will close bankruptcy law loop- today to introduce legislation which swindle hundreds of millions of dollars holes and provide millions of education will strike a blow against counter- at the expense of consumers and the dollars without raising taxes or spend- feiters and other criminals who com- cellular telephone and credit card in- ing any additional Federal money. mit cellular telephone fraud and credit dustries. My bill would close this out- Under current law, the bankruptcy card fraud. rageous loophole and help law enforce- code allows a Federal judge to retro- These criminal activities cost their ment crack down on these brazen actively lower the assessed value of a respective industries hundreds of mil- criminals. bankrupt debtor’s property—often in S8828 CONGRESSIONAL RECORD — SENATE September 4, 1997 direct conflict with State laws. And an- There being no objection, the mate- This important legislation will pump mil- other part of the bankruptcy code arti- rial was ordered to be printed in the lions of badly-needed dollars into schools by ficially subordinates local property tax RECORD, as follows: closing loopholes in the federal bankruptcy code which unscrupulous debtors use to revenues. S. 1149 avoid paying delinquent property taxes. All of this lowers the amount of Be it enacted by the Senate and House of Rep- These delinquent taxes go to fund important money available for education since resentatives of the United States of America in education programs such as school lunch education is overwhelmingly depend- Congress assembled, programs for needy children and school con- ant on local property tax revenue. In SECTION 1. SHORT TITLE. struction and renovation projects. Thus, a fact, there have been instances in This Act may be cited as the ‘‘Investment loss of these revenues mean fewer school which school districts have had to re- in Education Act of 1997’’. lunches, school buildings in disrepair and fewer teachers, since property tax revenues fund money they have already received SEC. 2. TREATMENT OF CERTAIN LIENS also fund teachers’ salaries. (a) TREATMENT OF CERTAIN LIENS.—Section and spent. In this way, the bankruptcy This federally created drain on local reve- 724 of title 11, United States Code, is amend- code is taking money earmarked for nues intended for education, if not checked ed— education and spending it instead on in the near future, will obviously have a dev- (1) in subsection (b), in the matter preced- administrative costs such as lawyers’ astating impact on our ability to provide our ing paragraph (1), by inserting ‘‘(other than fees. We need to close these loopholes children with a quality education. Compa- to the extent that there is a properly per- nies which declare bankruptcy should not be to put kids, and not bankruptcy law- fected unavoidable tax lien arising in con- yers, at the top of our Nation’s prior- allowed to use federal law to shortchange nection with an ad valorem tax on real or our children’s education. ities. personal property of the estate)’’ after With the federal government turning more During a hearing which I chaired be- ‘‘under this title’’; and power over to the states, Congress has the fore the Subcommittee on Administra- (2) in subsection (b)(2), after ‘‘507(a)(1)’’ and responsibility to remove federal laws—like tive Oversight and the Courts, I found before the comma following thereafter insert these bankruptcy loopholes—which tie the out about a school district in Texas ‘‘(except that such expenses, other than hands of local government. ‘‘The Investment claims for wages, salaries or commissions in Education Act of 1997’’ is a step in that di- that lost enough money in one case to which arise after the filing of a petition, provide 375,000 meals for needy chil- rection. It increases education funding by re- shall be limited to expenses incurred under turning lost revenue to schools instead of dren. And I heard testimony about a Chapter 7 of this title and shall not include raising taxes and without sending local reve- school that could not rebuild its kin- expenses incurred under Chapter 11 of this nues to Washington. dergarten which had been destroyed by title)’’; and On behalf of Iowa’s 377 school districts, a tornado as a result of money lost in (3) by adding at the end the following: thank you for your leadership in finding a a bankruptcy case earmarked for the ‘‘(e) Before subordinating a tax lien on real solution to this problem. school. In the State of Texas alone, be- or personal property of the estate which has Sincerely, arisen by virtue of state law, the trustee tween just a few school districts, about RONALD M. RICE, E.D., shall— Executive Director. $70 million earmarked exclusively for ‘‘(1) exhaust the unencumbered assets of education are currently at risk. Be- the estate; and OFFICE OF cause the Administrative Office of the ‘‘(2) in a manner consistent with section SIOUX COUNTY TREASURER, United States Courts does not keep 506(c) of this title, recover from property se- Orange City, IA, July 29, 1997. comprehensive records on this, we curing an allowed secured claim the reason- U.S. Senator CHARLES GRASSLEY, don’t know how big this problem is. able, necessary costs and expenses of pre- ATTENTION: John McMickle, But we know that it’s a substantial serving or disposing of that property.’’. Senate Hart Building, ‘‘(f) Notwithstanding the exclusion of ad Washington, DC. problem. I say let’s fix it now. valorem tax liens set forth in this Section, DEAR MR. MCMICKLE: Thank you for taking The Investment in Education Act claims for wages, salaries and commissions the time to discuss the issues and concerns will close these bankruptcy loopholes entitled to priority under Section 507(a)(3) or regarding bankruptcy and its affect on local so that there will be more money for claims for contributions to an employee ben- taxing bodies here in Iowa. meals for needy children, more money efit plan entitled to priority under 507(a)(4) I have been following with interest the pro- to pay for teachers’ salaries, and more may be paid from property of the estate posed changes to the Federal Bankruptcy money to repair dilapidated schools. which secures a tax lien, or the proceeds of statutes as presented by the National Asso- such property subject to the requirements of ciation of County Treasurers and Finance Of- By passing my bill, we can ensure that ficers (NACTFO) and concur with the find- our schoolchildren get the education Subsection 724(e).’’ (b) DETERMINATION OF TAX LIABILITY.—Sec- ings and recommendations in their report. I dollars they need. tion 505(a)(2) of title 11, United States Code, believe that you have a copy of the report, Finally, section 3 of the Investment is amended— entitled ‘‘Local Governments Recommenda- in Education Act will be of great help (1) by striking ‘‘or’’ at the end of subpara- tions for Reform of the United States Bank- to children who are owned back child graph (A); ruptcy Code’’. support. Section 3 of the bill will per- (2) by striking the period at the end of sub- Following our conversation of July 23, I mit children and spouses to go into the paragraph (B) and inserting ‘‘; or’’; and did send an e-mail message to all County (3) by adding at the end the following: Treasurers in Iowa, requesting information exempt assets of the bankrupt debtor on the affect of bankruptcy on tax collec- in order to make sure that unscrupu- ‘‘(C) the amount or legality of any amount arising in connection with an ad valorem tax tions. To date, I have had a limited response lous deadbeats can’t get out of paying real or personal property of the estate if the to that request. Approximately ten percent child support by hiding their assets in applicable period for contesting or redeter- of the treasurers have contacted me. Overall, bankruptcy. I don’t think that Con- mining that amount under any law (other their indications are that the statutes do not gress ought to let the bankruptcy code than a bankruptcy law) has expired.’’. present any big problems in Iowa. The main stick it to kids and so my bill corrects concern would be the delay in payment of SEC. 2. ENFORCEMENT OF CHILD AND SPOUSAL the taxes due. that. SUPPORT. An example here in Sioux County is to the This bill has bipartisan support and Section 552(c)(1) of title 11, United States point. In the Boyden-Hull School District, has been endorsed by the National Code, is amended by inserting ‘‘provided $13,457 in taxes remain uncollected due to School Boards Association and the that, notwithstanding any federal or state bankruptcy by two property owners. $7,806 of Iowa Association of School Boards. law relating to the enforcement of liens or this amount due is to go to the local commu- judgments on exempted property, exempt nity school district, if and when collected. And as I mentioned earlier, I am opti- property shall be liable for debts of a kind mistic that the administration will These dollars are needed by the local school specified in Section 523(a)(5) of this title,’’ at to keep programs running. come out to support the bill. I know the end of the subsection. We have been fortunate in the Iowa Bank- that time may be short, but since this ruptcy Courts to not have any judges that bill has bipartisan support, I hope that IOWA ASSOCIATION OF want to adjust amounts due on our priority we can pass it quickly. Mr. President, I SCHOOL BOARDS, claims for taxes. We have usually received have several letters supporting my bill Des Moines, IA, September 2, 1997. the amounts that we file with the courts, al- and several news articles regarding the Hon. CHARLES E. GRASSLEY, though usually without interest due to late U.S. Senator, Hart Senate Office Building, payment. negative effect of bankruptcy on edu- Washington, DC. My reading of the proposed changes indi- cation. I ask that they be entered into DEAR SENATOR GRASSLEY: I am writing to cates that the judges would not have the the RECORD and that the bill be printed thank you for introducing and sponsoring latitude to change amounts due, nationwide, in the RECORD. ‘‘The Investment in Education Act of 1997’’. and that would serve us well. Both of the September 4, 1997 CONGRESSIONAL RECORD — SENATE S8829 cases affecting the Boyden-Hull School Dis- only say that in my own experience I have boost their budgets that could be put in trict are filed outside of Iowa and we are at found this section to be used primarily as a place only in the 1991–92 school year and con- the mercy of the local bankruptcy judges on negotiating tool by debtor and junior credi- tinued until rescinded by the school board. collection. tor lawyers in Chapter 11 cases, who use the (Just four districts have it). The income sur- Thank you for your interest in the affect threat of redetermination to browbeat the tax raised nothing in 1996–97 for the asbestos of this legislation at the local level. If I may County into compromising taxes to provide a levy. It raised $2.5 million for the physical answer any further questions that you or the larger income stream for junior lienholders. plant and equipment levy. Senator would have, please contact me. I strongly support your bill’s effort to limit Who has the income surtax? Rural school Sincerely, the impact of this section on local govern- districts predominantly, where the push for ROBERT R. HAGEY, ment as well. it began as a way to reduce reliance on prop- Treasurer. Thank you for your consideration and good erty taxes and keep school budgets healthy, luck in convincing your associates of the de- although plenty of cities participate. Iowa POLK COUNTY ATTORNEY, sirability of your proposals. City, for example, raised the most—$2.6 mil- Des Moines, IA, July 31, 1997. Very Truly Yours, lion—this past school year for the instruc- Senator CHARLES E. GRASSLEY, MICHAEL J. O’KEEFE, tional support levy. In the immediate Des Chairman, U.S. Senate Committee on the Judici- Assistant Polk County Attorney. Moines area, only the Bondurant-Farrar, ary, Subcommittee on Administrative Over- Southeast Polk and North Polk school dis- sight and the Courts, Hart Senate Office SCHOOLS TURN TO INCOME TAX—MOST DIS- tricts have the income surtax. Building, Washington, DC. TRICTS ALREADY CHARGE AN INCOME SUR- The surtax has been proposed for the Des DEAR SENATOR GRASSLEY: John McMickle TAX. SHOULD DES MOINES JOIN THEM? Moines school district as a means to move of your office was kind enough to send me a ahead the $315 million Vision 2005 plan for copy of your proposed ‘‘Investment in Edu- Iowa school districts increasingly are turn- ing to a new tax—an income surtax—to sup- updating its 63 buildings. cation Act of 1997’’, amending sections 724(b) Residents of the Des Moines district paid plement the property taxes and state aid and 505(a) of the Bankruptcy Code. I do not $124.5 million in state income tax in 1996. they’ve long relied on. practice regularly in Bankruptcy and so may Based on that year’s incomes, each 1 percent A movement is under way for Des Moines not be as qualified to comment as many of of surtax would bring in about $1.2 million to join the trend. the people you will be hearing from, but I do for the school district. The talk is of needing The school-district income surtax may not represent Iowa’s largest county in its at- nearly $12 million annually from the surtax, be familiar everywhere. It has not been used tempts to collect overdue property taxes in which would require nearly a 10 percent rate. those situations where Bankruptcy Court in- by the schools in most of Iowa’s largest Part of the appeal of the income surtax is volvement is unavoidable. I would strongly cities, but 204 of the state’s 379 school dis- that it spreads the tax burden more equi- support your attempt to reduce the impact tricts now use it to raise extra money for tably than property taxes or sales taxes, and on local governments of the Bankruptcy education. businesses are likely to support it since they Code’s artificial lien priority shifting and It’s a simple concept that can raise a lot of don’t pay it. Part of the drawback is that it pre-emption of state law. cash for classroom programs, new school stands to increase the differences in tax bur- As you know, because of Iowa’s consoli- buses, asbestos abatement, routine mainte- dens among local school districts, perhaps dated tax system, a County is responsible for nance, and remodeling. It works this way: A putting Des Moines at a further competitive collecting taxes not only for itself but for school district approves a levy(ies) for one or tax disadvantage. the cities, school districts and other public more of those purposes, either by a vote of Somehow Des Moines has to settle on a bodies in the jurisdiction. The Treasurer is the school board or citizens, and designates way to come up with money it needs for its an involuntary creditor. He or she cannot the income surtax as a source of revenue. schools, and a tax increase of some sort is in- evaluate and react to lending risks the way Each person in the district who pays state evitable. a normal creditor can. The Treasurer cannot income taxes is then charged an additional Whether that ought to include the income police the debt or collateral or take addi- amount to meet that obligation—up to 20 surtax needs a careful look, one taken know- tional steps to protect the County when a percent of his or her state income-tax bill. ing that many other Iowa communities have debtor is in trouble. Taxes are limited, so the On a state tax bill of $200, at the maximum found that it works for them. County cannot build a reserve fund if it sees 20 percent rate, you’d send the state an extra danger ahead. It is difficult to reduce general $40 to be returned to your school district. [School Board News, Aug. 19, 1997] relief or quit collecting garbage or layoff (Counties may also use the income surtax for SCHOOLS LOSE WHEN FIRMS GO BANKRUPT emergency medical services. Taxpayers who teachers when economic conditions result in Your school system might be missing out live where both their school district and delayed tax collections. That is often when on thousands of dollars every year because county have an income surtax don’t pay people look to government for additional as- corporations involved in bankruptcy pro- more than 20 percent combined.) sistance. ceedings are able to get their tax obligations Think of the income surtax as a tip-auto- In Iowa, state law requires a wait of 21 cut. months or more after a missed September matically tacked onto a restaurant tab, and The Dallas public school system, for exam- local tax payment before property can be districts have been increasingly hungry for ple, is losing $450,000 during the current year, taken to pay the tax debt. This is reasonable it. due to a federal law that makes it virtually protection for property owners who may be Why? Growing pressure on their budgets, impossible for school districts to collect tax in trouble. Government is, after all, a serv- including higher expectations in general, revenue from businesses that have declared ice, not a business trying to make money off more low-income students who need help to bankruptcy. of the debt. Our procedure does, however, succeed and aging buildings that need to be Accordingly to Dallas Superintendent often result in local taxes being put off while renovated or replaced. Yvonne Gonzalez, the district could have other more aggressive creditors are paid. To Iowa law first allowed use of the income used this money to hire 15 extra teachers to then allow these creditors priority over local surtax for school districts in 1972, under re- reduce class sizes or provide $150 in school taxes, as the present section 724(b) does in stricted circumstances. Use of the income supplies for more than 3,000 teachers. ‘‘We many instances, seems eminently unfair. surtax increased after lawmakers OK’d an anticipate an equal or greater loss each year These junior lienholders were aware of tax ‘‘enrichment levy’’ in 1975, which let school for the foreseeable future,’’ she says. priorities at the time they took their liens districts spend extra local money on edu- That’s because Dallas, like most local and to allow them to jump over local govern- cational improvement through either the in- school districts across the nation, depends ment seems, to me, to be a pure windfall. come surtax, property taxes or both. But the heavily on ad valorem taxes, which are as- Your bill would correct this by keeping ev- explosion in the number of districts with an sessed on businesses and individuals based on eryone in the same lineup to which they income surtax came when the ‘‘instructional the value of property. originally agreed. support levy’’ replaced the enrichment levy When businesses declare bankruptcy, how- We have had particular problems dealing in 1991, with state money part of the bargain. ever, school districts and other local govern- with out of state bankruptcies involving From Ackley-Geneva to Woodbury ments tend to be last in line to collect the Iowa properties but courts which do not un- Central—and in districts like Ames, Decorah back taxes owed by property owners. Law- derstand the Iowa tax system and the fact and Sioux City—the income surtax raised a yers and banks holding mortgage liens are that property is valued for tax purposes total of $27.2 million statewide for the 1996– paid first. As a result, schools often never twenty-one months ahead of the first pay- 97 school year that ended June 30. That com- see the money they are owed, and in some ment based on that value. We have often lost pares to $1.9 million just 10 years earlier. Of cases, are required to refund taxes already moderate payments simply because we can- that $27.2 million, $24.6 million went to the received. not fly off to another state or hire a lawyer instructional support levy (which also got NSBA supports federal legislation to cor- there to explain our case. Your proposal to $43.3 million in property taxes and $14.8 mil- rect this problem. The Investment in Edu- reduce the impact of section 724(b) would lion in state money, with the state paying cation Act would amend the federal bank- also indirectly, but greatly, benefit Iowa less now than it originally promised). ruptcy code to increase local revenues de- local governments in this regard. The income surtax raised another $72,000 rived from property taxes. Finally, as to your proposal to limit the for the educational improvement levy, a one- The Senate Judiciary Committee’s Sub- retroactive impact of section 505(a), I can time opportunity for school districts to committee on Administrative Oversight and S8830 CONGRESSIONAL RECORD — SENATE September 4, 1997 the Courts held a hearing on the bill Aug. 1. That’s what happened to the Hurst Euless Bear Creek/GID II, representing the Crys- The bipartisan measure will be formally in- Bedford Independent School District in tal Chandelier, delivered payment of $133,377 troduced in September by subcommittee Texas, which filed suit in state court in May July 24 to the district’s tax attorneys, Blair, chair Charles E. Grassley (R-Iowa) and Sen. 1992 to collect delinquent taxes for a com- Coggan, Sampson and Meeks, closing out a Richard J. Durbin (D-III). pany for 1989 and 1990. ‘‘difficult chapter’’ in the district’s financial A description of the bill prepared by Sen. The day before the case was set to go to life, Faunce said. Grassley’s office notes that ‘‘virtually every trial, the debtor filed bankruptcy, attorney ‘‘This helps us make next year’s budget state has experienced some revenue short- Barbara M. Williams said at the hearing. The and it certainly lifted us through this year’s fall’’ in school funding, due to two provisions company succeeded in getting the taxes re- budget.’’ he said. ‘‘It has been very helpful to in the bankruptcy code. The issue has been duced for 1989 and 1990, even though the debt- fund a few programs.’’ getting a lot of attention in Texas lately, or did not foreclose upon the property until Faunce said much of the funds would be however, because the state experienced so 1991. The property value was reduced more earmarked to cover the cost of full-day kin- many real estate bankruptcies in the early than $1.5 million, and the school district lost dergarten in the LISD, which begins this 1990s. more than $61,000 in tax revenue. The debtor Monday for all 5-year-olds. Elizabeth Weller of the Dallas law firm then filed a motion to dismiss the bank- The Crystal Chandelier, located at Bear Blair, Goggan, Sampson and Meeks notes ruptcy. Creek Road and I–35, was purchased by John that the Houston school district lost $1 mil- A single bankruptcy can have a major im- Drain earlier this year, and worked with lion in a single case. Weller, who represents pact on a small school district. For example, BGSM to resolve the delinquent tax problem. some 200 clients on this issue, a third of when the Lancaster, Texas, school district ‘‘With the property in the hands of a new whom are Texas school districts, adds that was involved in a legal battle over the bank- owner, we are hopeful that it will remain off in the past few years, the Fort Worth Inde- ruptcy and foreclosure of a country and the delinquent tax roll,’’ said Nancy pendent School District (ISD) lost more than western bar, it succeeded in obtaining Primeaux, BGSM regional manager. She said $480,000 in a total of four cases; the Dallas $150,000 in back taxes, Weller notes. That her firm would monitor the GID account ‘‘to ISD lost nearly $450,000 in six cases; and the money was enough to restore kindergarten ensure the property’s prior history is not re- Lake Worth ISD $357,000 in a single case. for the district’s schoolchildren, which had peated.’’ Section 505(a) of the bankruptcy code gives been eliminated when the school suffered se- In addition, the district received $6,915 bankruptcy judges broad power to overrule vere tornado damage. from Jordan Tractor and Marine, plus pay- property valuation decisions. This means a ment on five other accounts, Primeaux said. judge can decide to reduce a business’s tax LANCASTER INDEPENDENT SCHOOL Needham Carpets, which is subject to sei- burden to ensure that the company’s debtors DISTRICT, zure activity, had its bankruptcy filing dis- can receive more of what they are owed. Lancaster, TX, July 28, 1997. missed ‘‘with prejudice’’ by the Bankruptcy Debtors often seek to have the taxable Senator CHARLES E. GRASSLEY, Court. The ruling prevents Needham from value of property reduced for as much as 10 Senate Judiciary Committee, filing for bankruptcy for the next 12 months, years before the bankruptcy filing and re- SH–325 Hart Senate Office Building, and BGSM can proceed with its litigation quest a refund of taxes already paid. Current Washington, DC. and seizure efforts. law allows judges to approve these requests. RE: Proposed Changes to Bankruptcy Code The LISD has been working under an ex- The bill would amend Section 505(a) to per- §§ 724(b) and 505. tremely tight financial cloud, due in part to mit a bankruptcy court to reverse a property DEAR SENATOR GRASSLEY: I am very the large amount of back taxes owed. valuation decision only when the bankruptcy pleased to write this letter in support of debtor has the right to challenge such a deci- your efforts to modify the Bankruptcy Code NORTH CAROLINA sion under applicable nonbankruptcy law. to make revenue recovery easier for local LEAGUE OF MUNICIPALITIES, Section 724(b) requires that most other governments. As a small suburban school August 14, 1997. claims on a bankruptcy estate be paid before district, the Lancaster Independent School Hon. LAUCH FAIRCLOTH, ad valorem liabilities. Thus, various ex- District has felt the effects of debtors using 317 Hart Senate Office Building, penses, including lawyers’ fees, are paid be- bankruptcy as a way to avoid paying ad va- Washington, DC. fore and at the expense of tax liabilities, lorem taxes. In one particular case, a debtor DEAR SENATOR FAIRCLOTH: We are aware of eventually forcing local jurisdictions to ac- avoided payment of taxes for almost ten proposed amendments to the Bankruptcy cept much less in delinquent back taxes than years before the tax-laden property was sold Code that will ensure better local tax collec- they would otherwise be entitled to receive— through a bankruptcy plan to a new owner tion and administration when a taxpayer if they receive anything at all. who paid the taxes. As a result of this ac- files for bankruptcy. We support these The bill would amend Section 724(b) to pro- count being resolved, the School District col- amendments, included in Senator Grassley’s vide that ad valorem taxes protected by liens lected more than $130,000 and was able to Investment in Education Act of 1997, that are paid ahead of other expenses, increasing fund fullday kindergarten. I am attaching an amend Sections 724 and 505(a)(2) of Title 11 of the likelihood that local jurisdictions re- article from our local newspaper that de- the US Code. The amendment to Section 724 will prevent ceive the same revenues they would have re- scribes the importance of the payment of the property tax lien from being subordi- ceived if the company didn’t file bankruptcy. this account. ‘‘My clients are sympathetic to wage Although the example I have given would nated to other liens when property is sold claimants and others holding priority not have been specifically affected by your free and clear of liens during bankruptcy. claims’’ under the bankruptcy code, Weller proposed changes to the Bankruptcy Code, it This is already the case under North Caro- says. They are citizens that serve and pro- represents the types of issues facing local lina law, as has been held and affirmed by tect,’’ she says. School districts are not ask- governments who cannot collect essential our courts, if the tax collector reads the no- ing for a special priority; they just want to revenue because of abuses of the bankruptcy tice carefully enough to understand there is be treated like any other creditor. process by property owners. In our case, the to be a sale free and clear of liens and if the Weller says there’s been ‘‘definitely a lot issue was much more than a matter of an in- collector knows to contact the city or coun- more cases’’ on this issue in the past few dividual paying his fair share of taxes. For ty attorney and request that an objection be years, even though there hasn’t been an in- Lancaster ISD, this was a matter of whether filed to the sale. Under existing Section 505, a bankruptcy crease in corporate bankruptcies as there or not we could provide essential public serv- court can redetermine the value of property has among individuals. What has changed in ices. for tax purposes and recompute the tax that ‘‘corporate attorneys have become more Thank you very much for your actions on owed, if the debtor had not appealed the aware of how they can use the law to avoid behalf of local governments. Please let me value to the Board of Equalization and Re- paying taxes.’’ know if I can provide any additional assist- view, and this is true even though the time One of several examples cited by Weller in- ance in this effort. for making an appeal to the Board has ex- volves the bankruptcy of Merchants Fast Sincerely, Motor Lines. Taxes secured by liens on per- pired. This has happened in several cases in BILL WARD, North Carolina, and the taxes were always sonal property were reduced by a bankruptcy Superintendent. court’s application of Sections 505(a) and recomputed downward. The proposed amend- 724(b). [Today Lancaster, Aug. 10, 1997] ment to Section 505 prohibits a bankruptcy That resulted in five county governments, court from making this reassessment if the three city governments, and the school dis- MONEY IN THE BANK—LISD RECEIVES BIGGEST time for making an appeal under state law tricts of Dallas, Houston, and Irving losing a BACK TAXES PAYMENT has expired. total of more than $70,890. The taxing enti- (By Chuck Bloom) We appreciate your consideration and, in ties face the threat of additional tax losses Gary Faunce is a happy man. Happier than the interest of more equitable property tax when the properties are sold. usual. collection and administration, we feel these In some cases, a bank holding the mort- The Lancaster school district top finance are good amendments and would request gage on a property demands that the seller man is breathing a little easier with an infu- your support. Would you please share your declare bankruptcy so the taxes will be re- sion of more than $133,000 in back taxes paid position on the amendments? duced, thus increasing its profits from the by the LISD’s most notorious delinquent ac- Sincerely yours, sale. count. TERRY A. HENDERSON, September 4, 1997 CONGRESSIONAL RECORD — SENATE S8831 Director of Advocacy. lien on real property. This lien is paramount cellular telephone cloning parapherna- S. ELLIS HANKINS, to all other debts under Virginia law. In giv- lia. Executive Director. ing this lien the ultimate priority, the Vir- S. 507 ginia legislature recognized the importance THE OFFICE OF SALT LAKE COUNTY of real property taxes to Virginia localities. At the request of Mr. HATCH, the ATTORNEY, DOUGLAS R. SHORT, Real property taxes are an indispensable name of the Senator from Georgia [Mr. COUNTY ATTORNEY, method of funding government functions in- CLELAND] was added as a cosponsor of July 29, 1997. cluding schools, police and fire protection, S. 507, a bill to establish the United Attn: John McMickle. sanitation and other essential government States Patent and Trademark Organi- Re amendments to 11 U.S.C. § 505 and 724(b). services. Under the current bankruptcy zation as a Government corporation, to Hon. CHARLES GRASSLEY, scheme, however, this first priority lien can U.S. Senator, Subcommittee on Administrative be negated by a bankruptcy trustee acting amend the provisions of title 35, United Oversight and the Courts, 308 Senate Hart pursuant to § 724(b). States Code, relating to procedures for Office Building, Washington, DC. The legislation which you have proposed patent applications, commercial use of DEAR SENATOR GRASSLEY: Salt Lake Coun- would rectify this anomaly of the Bank- patents, reexamination reform, and for ty’s tax revenue, including those of the sev- ruptcy Code. This legislation would exempt a other purposes. eral school districts located within the coun- ‘‘properly perfected unavoidable tax lien S. 623 ty, has been adversely affected by 11 U.S.C. arising in connection with an ad valorem tax §§ 724(b) and 505. Both provisions discrimi- on real or personal property . . .’’ from the At the request of Mr. INOUYE, the nate unfairly against governmental entities scope of § 724(b). This amendment is consist- name of the Senator from New Jersey and take needed governmental and school ent with the original legislative history of [Mr. TORRICELLI] was added as a co- revenue and shift it to other creditors of the this subsection, and reflects the primary im- sponsor of S. 623, a bill to amend title estate. portance of ad valorem taxes and tax liens in For example, because 11 U.S.C. § 505 per- 38, United States Code, to deem certain the operations of local government. service in the organized military forces mits the bankruptcy court to redetermine Sincerely, the value of property for tax purposes, Salt of the Government of the Common- KEVIN R. APPEL, Lake County and schools have lost substan- Counsel. wealth of the Philippines and the Phil- tial tax revenue because debtors have been f ippine Scouts to have been active serv- permitted to challenge assessments without ice for purposes of benefits under pro- the necessity of complying with state law. ADDITIONAL COSPONSORS In one chapter 11 proceeding Salt Lake grams administered by the Secretary County and the school districts lost $61,800 S. 22 of Veterans Affairs. due to the provisions of 11 U.S.C. § 505. In an- At the request of Mr. MOYNIHAN, the S. 657 other chapter 11 proceeding the debtor at- name of the Senator from Illinois [Ms. tempted to obtain a refund of taxes paid At the request of Mr. DASCHLE, the MOSELEY-BRAUN] was added as a co- three years prior to the bankruptcy filing name of the Senator from New Jersey and one post-petition year totaling approxi- sponsor of S. 22, a bill to establish a bi- [Mr. TORRICELLI] was added as a co- mately $80,000. The county settled after the partisan national commission to ad- sponsor of S. 657, a bill to amend title trustee agreed to drop his pre-petition refund dress the year 2000 computer problem. 10, United States Code, to permit re- but lost approximately $18,000 which the S. 25 tired members of the Armed Forces Trustee would not have been entitled to At the request of Mr. FEINGOLD, the who have a service-connected disabil- under state law. Further, in 1996 the county name of the Senator from North Da- ity to receive military retired pay con- and school districts lost another $13,500 in a chapter 7 proceeding because of section 505 kota [Mr. DORGAN] was added as a co- currently with veterans’ disability jurisdiction. The above actions could not sponsor of S. 25, a bill to reform the fi- compensation. have been brought had state law applied. nancing of Federal elections. S. 675 Title 11, U.S.C., § 724(b) is often used in this S. 61 At the request of Mr. MCCONNELL, jurisdiction to take county and school dis- At the request of Mr. LOTT, the name trict tax money and shift it to administra- the name of the Senator from Utah tive expense and other priority claimants. It of the Senator from Kansas [Mr. ROB- [Mr. HATCH] was added as a cosponsor should be eliminated or limited to federal ERTS] was added as a cosponsor of S. 61, of S. 675, a bill to amend the Internal statutory liens. It is evident from the legis- a bill to amend title 46, United States Revenue Code of 1986 to modify the ap- lative history of § 724 and its predecessors Code, to extend eligibility for veterans’ plication of the passive loss limitations that Congress never contemplated the im- burial benefits, funeral benefits, and to equine activities. pacts of shifting local property tax revenue related benefits for veterans of certain S. 769 away from schools and local governments, service in the United States merchant which provide police and fire protection and At the request of Mr. LAUTENBERG, marine during World War II. other essential services to estate property, the name of the Senator from Illinois S. 89 to other creditors such as chapter 11 admin- [Mr. DURBIN] was added as a cosponsor istrative expense claimants and lienholders At the request of Ms. SNOWE, the of S. 769, a bill to amend the provisions junior to the tax liens. name of the Senator from Washington Thank you for considering the foregoing is- of the Emergency Planning and Com- [Mrs. MURRAY] was added as a cospon- munity Right-To-Know Act of 1986 to sues. Unfortunately we are not able to sor of S. 89, a bill to prohibit discrimi- present this in person. However, your assist- expand the public’s right to know ance is appreciated. nation against individuals and their about toxic chemical use and release, Sincerely, family members on the basis of genetic to promote pollution prevention, and MARY ELLEN SLOAN, information, or a request for genetic for other purposes. Deputy Salt Lake County Attorney, services. S. 836 Civil Division. S. 358 At the request of Mr. ABRAHAM, the At the request of Mr. DEWINE, the TREASURERS’ ASSOCIATION OF VIRGINIA, name of the Senator from Colorado names of the Senator from South Caro- July 29, 1997. [Mr. ALLARD] was added as a cosponsor lina [Mr. HOLLINGS] and the Senator Re Investment in Education Act of 1997. of S. 836, a bill to offer small businesses from Louisiana [Ms. LANDRIEU] were U.S. Senator CHARLES GRASSLEY, certain protections from litigation ex- Senate Hart Office Building, added as a cosponsors of S. 358, a bill to cesses. Washington, DC. provide for compassionate payments DEAR SENATOR GRASSLEY: I am writing on with regard to individuals with blood- S. 995 behalf of the Treasurers’ Association of Vir- clotting disorders, such as hemophilia, At the request of Mr. LAUTENBERG, ginia to express our support for the Invest- the name of the Senator from Illinois ment in Education Act of 1997. The member- who contracted human immuno- ship of the Treasurers’ Association consists deficiency virus due to contaminated [Ms. MOSELEY-BRAUN] was added as a of over 180 county, city and town treasurers blood products, and for other purposes. cosponsor of S. 995, a bill to amend throughout the Commonwealth of Virginia. S. 493 title 18, United States Code, to prohibit In Virginia, the local treasurer is responsible At the request of Mr. KYL, the name certain interstate conduct relating to for the receipt and collection, safekeeping of the Senator from Illinois [Mr. DUR- exotic animals. and investing, accounting and disbursement S. 1031 of local government revenue. BIN] was added as a cosponsor of S. 493, Of primary importance to our members is a bill to amend section 1029 of title 18, At the request of Mr. GRASSLEY, the the retention of an effective ad valorem tax United States Code, with respect to names of the Senator from Alabama S8832 CONGRESSIONAL RECORD — SENATE September 4, 1997

(Mr. SESSIONS) and the Senator from AMENDMENT NO. 1078 latest bombing and expresses its solidarity Alaska (Mr. STEVENS) were added as co- At the request of Mr. DURBIN the with the people of the State of Israel in this sponsors of S. 1031, a bill to protect names of the Senator from California tragic time; (3) reaffirms that the United States should (Mrs. BOXER), the Senator from Arkan- Federal law enforcement officers who fully cooperate with the State of Israel in intervene in certain situations to pro- sas (Mr. BUMPERS), the Senator from helping to stem the tide of terrorism, which tect life or prevent bodily injury. Ohio (Mr. DEWINE), the Senator from has threatened the Oslo peace process and S. 1042 California (Mrs. FEINSTEIN), the Sen- the stability of this vital region; and At the request of Mr. CRAIG, the ator from New Hampshire (Mr. GREGG), (4) affirms that the United States should name of the Senator from Oregon (Mr. the Senator from Iowa (Mr. HARKIN), provide no monetary or other assistance to the Palestinian Authority until it has ful- WYDEN) was added as a cosponsor of S. the Senator from Massachusetts (Mr. filled its obligations under the Oslo Accords, KENNEDY), the Senator from New Jer- 1942, a bill to require country of origin including— labeling of perishable agricultural sey (Mr. LAUTENBERG), the Senator (A) taking affirmative steps to arrest and commodities imported into the United from Vermont (Mr. LEAHY), the Sen- prosecute suspected terrorists; States and to establish penalties for ator from Rhode Island (Mr. REED), the (B) resuming full security and intelligence violations of the labeling require- Senator from Maine (Ms. SNOWE), the cooperation with the State of Israel; ments. Senator from Minnesota (Mr. (C) taking affirmative steps to confiscate WELLSTONE), and the Senator from Or- all unlicensed weapons and explosives; S. 1059 (D) publicly condemning in Arabic this At the request of Mr. CHAFEE, the egon (Mr. WYDEN) were added as co- most recent terrorist act and other such name of the Senator from Louisiana sponsors of amendment No. 1078 in- acts; (Mr. BREAUX) was added as a cosponsor tended to be proposed to S. 1061, an (E) prohibiting participation in the Pal- of S. 1059, a bill to amend the National original bill making appropriations for estinian security services of individuals sus- Wildlife Refuge System Administration the Departments of Labor, Health and pected of committing terrorist acts; Act of 1966 to improve the management Human Services, and Education, and (F) ceasing all anti-Israeli rhetoric, includ- related agencies for the fiscal year end- ing statements which refer to terrorist of the National Wildlife Refuge Sys- groups as ‘‘patriotic’’, statements which tem, and for other purposes. ing September 30, 1998, and for other praise terrorists or terrorist leaders, and S. 1062 purposes. statements encouraging a ‘‘battle’’ or ‘‘jiha’’ At the request of Mr. D’AMATO, the f against Israel; names of the Senator from Delaware (G) cooperating with Israel in the transfer SENATE CONCURRENT RESOLU- of suspected terrorists to Israel to stand (Mr. ROTH), the Senator from Oregon TION 50—CONDEMNING THE trial; (Mr. WYDEN), and the Senator from BOMBING IN JERUSALEM ON (H) rescinding the proclamation that the South Carolina (Mr. HOLLINGS) were SEPTEMBER 4, 1997 death penalty would be imposed for the sale added as cosponsors of S. 1062, a bill to Mr. HUTCHINSON submitted the fol- of land to Jews or Israelis; authorize the President to award a gold (I) ceasing the use of maps depicting ‘‘Pal- medal on behalf of the Congress to Ecu- lowing concurrent resolution; which estine’’ as encompassing the entire State of menical Patriarch Bartholomew in rec- was referred to the Committee on For- Israel; ognition of his outstanding and endur- eign Relations: (J) completing the process of amending the covenant of the Palestinian Liberation Orga- ing contributions toward religious un- S. CON. RES. 50 Whereas on September 4, 1997, 3 bombs ex- nization, including the recession of those derstanding and peace, and for other specific articles which call for armed strug- purposes. ploded in Jerusalem on Ben Yehuda Street, killing at least 8 people and injuring more gle to liberate ‘‘Palestine’’ or question the S. 1113 than 165 others. legitimacy of Zionism or the State of Israel; At the request of Mr. GRASSLEY, the Whereas HAMAS, a terrorist organization, and name of the Senator from Virginia (Mr. has a ‘‘military wing’’ which has claimed re- (K) taking affirmative steps to reduce the size of the Palestinian police force, in ac- ROBB) was added as a cosponsor of S. sponsibility for this cowardly act; Whereas Yasser Arafat, Chairman of the cordance with the limits set forth in the Oslo 1113, a bill to extend certain temporary and subsequent accords. judgeships in the Federal judiciary. Palestinian Authority, has made statements in which he said ‘‘HAMAS, even its military Mr. HUTCHINSON. Mr. President, I SENATE RESOLUTION 111 wing is a patriotic movement.’’; rise today, along with my friend and At the request of Mr. THURMOND, the Whereas on August 20, 1997, Chairman colleague Congressman JIM SAXTON, to name of the Senator from Virginia (Mr. Arafat publicly embraced the leader of submit a concurrent resolution that ROBB) was added as a cosponsor of Sen- HAMAS, Abdel Aziz al-Rantisi; condemns, in the strongest possible Whereas Yasser Arafat has recently or- ate Resolution 111, a resolution des- terms, today’s bombing in Jerusalem ignating the week beginning Septem- dered the release of several HAMAS terror- ists being held in Palestinian Authority on Ben Yehuda Street. ber 14, 1997, as ‘‘National Historically Three bombs exploded in Jerusalem Black Colleges and Universities Week,’’ jails, including Nabil Sharihi, who is sus- pected in a bombing that killed Alisa today killing at least 8 people and in- and for other purposes. Flatow, an American citizen; juring more than 165 others. Mr. Presi- AMENDMENT NO. 1059 Whereas Israel has recently given Yasser dent, once again the world watches in At the request of Mr. FAIRCLOTH the Arafat a list of 150 suspected terrorists who horror as innocent citizens get blown name of the Senator from Idaho (Mr. are presently residing in Palestinian-con- up in a Jerusalem marketplace. trolled territory; CRAIG) was added as a cosponsor of Just weeks after a tragic bombing in- amendment No. 1059 intended to be pro- Whereas Yasser Arafat has made public statements in which he vowed not to ‘‘bow cident in July, Yasser Arafat publicly posed to S. 1061, an original bill mak- down’’ to Israeli requests that he arrests sus- embraced the leader of Hamas. Two ing appropriations for the Departments pected terrorists; weeks later, today, three more bombs of Labor, Health and Human Services, Whereas since the beginning of the Oslo kill and maim civilians on a crowded and Education, and related agencies for peace process, over 260 Israelis have been shopping street in Jerusalem. the fiscal year ending September 30, killed, and hundreds more have been injured, Mr. President, I am outraged by 1998, and for other purposes. far more than in a similar period before the these continued terrorist actions under peace process began; and AMENDMENT NO. 1069 Whereas in violation of the Oslo Accords, the watch of the Palestinian Author- At the request of Mr. SPECTER the the Palestinian Authority has withheld full ity. names of the Senator from Alaska (Mr. security cooperation with the State of Israel, Mr. President, among other things, STEVENS) and the Senator from Min- which may have made this attack more like- the resolution that I offer today would nesota (Mr. GRAMS) were added as co- ly; Now, therefore, be it require Congress to: sponsors of amendment No. 1069 pro- Resolved by the Senate (the House of Rep- Reaffirm that the United States posed to S. 1061, an original bill mak- resentatives concurring), That Congress— should fully cooperate with the state of ing appropriations for the Departments (1) condemns in the strongest possible Israel in helping to stem the tide of terms this latest bombing and those respon- of Labor, Health and Human Services, sible for encouraging or inciting such cow- terrorism, which has threatened the and Education, and related agencies for ardly acts; Oslo process and the stability of this the fiscal year ending September 30, Whereas (2) expresses its deepest condo- vital region; express its deepest condo- 1998, and for other purposes. lences to the families of the victims of this lences to the families of the victims of September 4, 1997 CONGRESSIONAL RECORD — SENATE S8833 this latest bombing and express its sol- made available under this Act, or any other of the United States that the International idarity with the people of the State of Act making appropriations for fiscal year Brotherhood of Teamsters does not have Israel; and affirm that the United 1998, may be used by the Department of funds sufficient to conduct a rerun of a 1996 States should provide no monetary or Labor or the Department of Justice to con- election for the office of President, General duct a rerun of a 1996 election for the office Secretary, Vice-President, or Trustee of the other assistance to the Palestinian Au- of President, General Secretary, Vice-Presi- International Brotherhood of Teamsters, the thority until it has fulfilled its obliga- dent, or Trustee of the International Broth- President of the United States may transfer tions under the Oslo accords. erhood of Teamsters. funds from the Department of Justice and To many of my colleagues that may (b) EXCEPTION.— the Department of Labor for the conduct and not already know this, I have just re- (1) IN GENERAL.—Upon the submission to oversight of such a rerun election. turned from Israel, where I walked up Congress of a certification by the President (2) REQUIREMENT.—Prior to the transfer of and down Ben Yehuda street. There- of the United States that the International funds under paragraph (1), the International Brotherhood of Teamsters does not have fore, this resolution hits close to home Brotherhood of Teamsters shall agree to funds sufficient to conduct a rerun of a 1996 repay the Secretary of the Treasury for the for me. election for the office of President, General costs incurred by the Department of Labor Mr. President, it is time for Arafat to Secretary, Vice-President, or Trustee of the and the Department of Justice in connection live up to the commitments he made in International Brotherhood of Teamsters, the with the conduct of an election described in the Oslo accords and break the back of President of the United States may transfer paragraph (1). Such agreement shall provide the terrorist infrastructure in Pal- funds from the Department of Justice and that any such repayment plan be reasonable estine. the Department of Labor for the conduct and and practicable, as determined by the Attor- I urge my colleagues to join me in oversight of such a rerun election. ney General and the Secretary of Treasury, (2) REQUIREMENT.—Prior to the transfer of condemning today’s terrorist acts and and be structured in a manner that permits funds under paragraph (1), the International the International Brotherhood of Teamsters cosponsor this important legislation. Brotherhood of Teamsters shall agree to to continue to operate. f repay the Secretary of the Treasury for the (3) REPAYMENT PLAN.—The International costs incurred by the Department of Labor Brotherhood of Teamsters shall submit to AMENDMENTS SUBMITTED and the Department of Justice in connection the President of the United States, the Ma- with the conduct of an election described in jority and Minority Leaders of the Senate, paragraph (1). Such agreement shall provide the Majority and Minority Leaders of the THE DEPARTMENT OF LABOR AP- that any such repayment plan be reasonable House of Representatives, and the Speaker of PROPRIATIONS ACT FOR FISCAL and practicable, as determined by the Attor- the House of Representatives, a plan for the YEAR 1998 ney General and the Secretary of Treasury, repayment of amounts described in para- and be structured in a manner that permits graph (2), at an interest rate equal to the the International Brotherhood of Teamsters Federal underpayment rate established D’AMATO (AND OTHERS) to continue to operate. under section 6621(a)(2) of the Internal Reve- (3) REPAYMENT PLAN.—The International AMENDMENT NO. 1079 nue Code of 1986 as in effect for the calendar Brotherhood of Teamsters shall submit to quarter in which the plan is submitted, prior Mr. D’AMATO (for himself, Ms. the President of the United States, the Ma- to the expenditure of any funds under this MOSELEY-BRAUN, Mr. HARKIN, Mr. DOR- jority and Minority Leaders of the Senate, section. GAN, Mr. SPECTER, and Mr. STEVENS) the Majority and Minority Leaders of the (c) This section shall take effect one day proposed an amendment to the bill (S. House of Representatives, and the Speaker of after enactment of this Act. the House of Representatives, a plan for the 1061) making appropriations for the De- repayment of amounts described in para- f partments of Labor, Health and Human graph (2), at an interest rate equal to the Services, and Education, and related Federal underpayment rate established agencies for the fiscal year ending Sep- under section 6621(a)(2) of the Internal Reve- NOTICE OF HEARING tember 30, 1998, and for other purposes; nue Code of 1986 as in effect for the calendar COMMITTEE ON ENERGY AND NATURAL as follows: quarter in which the plan is submitted, prior RESOURCES to the expenditure of any funds under this On page 45, line 13, strike ‘‘$854,074,000’’ and SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC section. insert ‘‘$854,074,000 (and an additional PRESERVATION AND RECREATION amount of $40,000,000 that shall be used to Mr. THOMAS. Mr. President, I would carry out title III of such Act)’’. KENNEDY AMENDMENT NO. 1082 like to announce for the information of On page 85, line 19, strike ‘‘$30,500,000’’ and Mr. KENNEDY proposed an amend- the Senate and the public that an over- insert ‘‘$70,500,000’’. ment to the amendment No. 1081 pro- sight hearing has been scheduled before posed by Mr. NICKLES to the bill, S. the Subcommittee on National Parks, LIEBERMAN (AND COATS) 1061, supra; as follows: Historic Preservation and Recreation AMENDMENT NO. 1080 At the end thereof, insert the following: of the Committee on Energy and Natu- Mr. LIEBERMAN (for himself and (c) Nothing in this section shall be con- ral Resources. strued to affect the obligations of the United Mr. COATS) proposed an amendment to The hearing will take place on Thurs- States under the consent decree in United day, September 11, 1997 at 2:00 p.m. in the bill, S. 1080, supra; as follows: States v. International Brotherhood of Team- On page 50, line 9, strike ‘‘$1,271,000’’ and sters, 88 Civ. 4486 (DNE) (S.D.N.Y.), or any room SD–366 of the Dirksen Senate Of- insert ‘‘1,256,987,000’’, and on line 10, strike court orders thereunder. fice Building in Washington, DC. ‘‘$530,000,000’’ and insert ‘‘$515,987,000’’. The purpose of this hearing is to re- On page 53, line 12, strike, ‘‘$310,000,000’’ CRAIG (AND OTHERS) AMENDMENT view the Commemorative Works Act and insert ‘‘285,000,000’’. NO. 1083 and the administrative and public proc- On page 59, line 12, strike, ‘‘362,225,000.’’ ess involved in the site selection of the and insert ‘‘352,225,000, of which $40 million Mr. CRAIG (for himself, Mr. NICKLES, World War II Memorial and the re- shall be made available to carry out Park A and Mr. JEFFORDS) proposed an amend- cently announced Air Force Memorial. of Title X of the Elementary and Secondary ment to amendment No. 1081 proposed Education Act of 1965.’’ Because of the limited time available by Mr. NICKLES to the bill, S. 1061, for the hearing, witnesses may testify On page 59, line 14, after ‘‘said Act’’ insert supra; as follows: ‘‘, $100,000,000 shall be available to carry out by invitation only. However, those part C of Title X of the Elementary and Sec- Strike all after the word section and insert wishing to submit written testimony ondary Education Act of 1965,’’. the following: (a) IN GENERAL.—Except as provided in for the hearing record should send two subsection (b), none of the funds made avail- copies of their testimony to the Sub- NICKLES (AND JEFFORDS) able under this Act, or any other Act making committee on National Parks, Historic AMENDMENT NO. 1081 appropriations for fiscal year 1998, may be Preservation and Recreation, Commit- Mr. NICKLES (for himself and Mr. used by the Department of Labor or the De- tee on Energy and Natural Resources, partment of Justice to conduct a rerun of a JEFFORDS) proposed an amendment to United States Senate, 364 Dirksen Sen- 1996 election for the office of President, Gen- the bill, S. 1061, supra; as follows: ate Office Building, Washington, DC eral Secretary, Vice-President, or Trustee of 20510–6150. On page 25, between lines 9 and 10, insert the International Brotherhood of Teamsters. the following: (b) EXCEPTION.— For further information, please con- SEC. . (a) IN GENERAL.—Except as pro- (1) IN GENERAL.—Upon the submission to tact Jim O’Toole of the Subcommittee vided in subsection (b), none of the funds Congress of a certification by the President staff at (202) 224–5161. S8834 CONGRESSIONAL RECORD — SENATE September 4, 1997 AUTHORITY FOR COMMITTEES TO A year later, Blum decided to change After trouncing New Mexico 11–1, MEET careers and attended a 10-week unpaid South Mission Viejo went on to defeat COMMITTEE ON FOREIGN RELATIONS customer service training program of- Arizona and Oregon to reach the west- Mr. STEVENS. Mr. President, I ask fered by Discover Card in conjunction ern regional semifinals—a rematch unanimous consent that the Commit- with the group Business Organization with Oregon. A 3-run home run in the tee on Foreign Relations be authorized Office Services Training (B.O.O.S.T). top of the fourth inning gave South to meet during the session of the Sen- Again armed with new skills, Blum Mission Viejo a 11–1 lead, and the game ate on Thursday, September 4, 1997, at used her training to land her current ended under the league’s 10-run mercy 2 p.m. to hold a hearing. job at Hospitality Franchise Systems. rule. The PRESIDING OFFICER. Without The Private-sector Employee of the The final game, against the team objection, it is so ordered. Year award is given annually by NIB. from Sunnyvale, CA, was a classic COMMITTEE ON GOVERNMENTAL AFFAIRS The award recognizes outstanding indi- pitching duel. South Mission Viejo Mr. STEVENS. Mr. President, I ask viduals who receive training and work pitching rang up 11 strike-outs while unanimous consent on behalf of the experience in an NIB associated agency Sunnyvale countered with 7 of their Governmental Affairs Committee Spe- and then enter careers in the private own. But in the end, South Mission cial Investigation to meet on Thurs- sector. Viejo squeezed by with a 2–1 victory, day, September 4, at 10 a.m. for a hear- National Industries for the Blind is a earning them a chance to compete in ing on campaign financing issues. not-for-profit corporation whose mis- the Little League World Series. The PRESIDING OFFICER. Without sion is to enhance the economic and They dominated the tournament objection, it is so ordered. personal indepen-dence of persons who from day one, winning all three of their are blind, primarily through creating, first-round games. In the second game, SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHTS AND THE COURTS sustaining, and improving employ- against Dyer, IN, South Mission Viejo Mr. STEVENS. Mr. President, I ask ment. There are 119 independent indus- once again displayed the depth of its unanimous consent that the Sub- tries throughout the United States, in- pitching talent. Three teammates near- committee on Administrative Over- cluding Arizona Industries for the ly made Little League World Series sight and the Courts, of the Senate Blind, that are associated with NIB. In- history by pitching a combined perfect Committee on the Judiciary, be au- dustries associated with National In- game—the pitching staff missed scor- thorized to meet during the session of dustries for the Blind employ people ing a no-hitter by a single in the last the Senate on Thursday, September 4, who are blind in manufacturing, office, inning. 1997, at 2 p.m. to hold a hearing in super-visory, telecommunications, ex- The game for the national champion- room 226, Senate Dirksen Building, on: ecutive positions and other careers. ship was a rematch of a first-round ‘‘Conserving Judicial Resources: A Re- Products and services are provided by game against Bradenton, FL. It was view of the Judicial Allocations for the NIB-associated agencies to the federal another typical South Mission Viejo Second and Eighth Circuit Courts of government under the guidelines of the victory, a mix of consistent hitting, Appeal.’’ Javits-Wagner-O’Day Act (41 U.S.C. 46– solid fielding, and strong pitching. The PRESIDING OFFICER. Without 48c). These industries also provide vo- Their victory earned South Mission objection, it is so ordered. cational training to people who are Viejo the right to compete in the world f blind that provides them with the nec- championships. essary skills to obtain gainful employ- The final game was played before ADDITIONAL STATEMENTS ment within the private sector.∑ 37,000 fans and an international tele- f vision audience. As most Americans know, South Mission Viejo jumped to MARIE BLUM RECEIVES HONORS CONGRATULATING THE SOUTH an early lead, only to fall to a heart- FROM NATIONAL INDUSTRIES MISSION VIEJO LITTLE LEAGUE breaking rally in the last inning by FOR THE BLIND ∑ Mrs. BOXER. Mr. President, I rise Guadalupe, Mexico. For only the sec- ∑ Mr. MCCAIN. Mr. President, with the today to congratulate the South Mis- ond time in 3 months, South Mission help of a telesensory screenpower sion Viejo Little League team, the U.S. Viejo lost a baseball game. Braille display and a Braille tape on national champions, for their outstand- In defeat, as in victory, South Mis- the phone, Marie Blum takes hundreds ing 1997 season. All Americans, and all sion Viejo represented our Nation with of customer reservations for Ramada Californians, are very proud of them. honor and dignity. They played hard Hotels each day. Blind since birth, The Little League World Series has and they played fair, earning the re- Marie’s perseverance has brought her become a national tradition. Every spect of Americans everywhere. to a successful career as a reservations year, the best Little Leaguers from all But they couldn’t have done it with- agent for Hospitality Franchise Sys- over the world come to Williamsport, out the unflagging support and enthu- tems in Phoenix, Arizona. PA to compete in the world champion- siasm of their parents, their families, ‘‘If people would just apply them- ship. Participants leave with lifelong and the thousands of volunteers who selves,’’ says Marie, ‘‘they might sur- memories and lasting friendships. put so much time and effort into mak- prise themselves at what they can real- The journey to the Little League ing Little League a reality. These peo- ly accomplish.’’ This philosophy and World Series is a rigorous one. It de- ple are at the heart of the success of Blum’s exemplary work performance mands the highest levels of teamwork, the Little League—not just in Mission brought her recognition from National talent, and perseverance. South Mis- Viejo but all across the nation. It is Industries for the Blind (NIB) as the sion Viejo reached the World Series by not an easy job, and too often goes 1997 Private-sector Employee of the winning 21 of 22 games over a 3-month unheralded. I applaud the commitment Year. stretch against the toughest competi- of the Mission Viejo community to Blum, 46, sought to reenter the work tion in the United States. their team, and I congratulate them on force in 1994 upon the death of her hus- Manager Jim Gattis and coaches a job well done. band. Previously a homemaker, Blum Allen Elconin, and Ed Sorgi guided I wish every member of the South needed a way to support both herself these 11- and 12-year-olds first through Mission Viejo team the best of luck in and her teenage daughter. She sought the Division 55 tournament in San the coming school year, and in future training at the work adjustment pro- Clemente, then through the sectional seasons. Congratulations. gram at Arizona Industries for the playoffs in Santa Ana, and finally Mr. President, I ask that the com- Blind in Phoenix, where she assembled, through the Division 2 playoffs in La plete roster of the U.S. National Little collated, and packed various products. Puente to determine the southern Cali- League Champions be printed in the Just three months later, armed with fornia champions. After winning all record. confidence and new skills, Blum was three of these tournaments, South Mis- The roster follows: hired by Laboratory Environmental sion Viejo was on their way to San Taylor Bennett, Mike Cusick, Adam Support, Inc. where she did production Bernardino, the site of the western re- Elconin, Gavin Fabian, Gary Gattis, Brian and packaging work. gional championship. Kraker, Chad Lucas, Nick Moore, Andrew September 4, 1997 CONGRESSIONAL RECORD — SENATE S8835 Nieves, Greg Oates, Ryan O’Donovan, Adam Though he felt strongly about poli- the impact it had on educational prior- Sorgi, Ashton White, Jim Gattis, Manager, tics, Hart never let partisanship get ities, she invested considerable time in Al Elconin, Coach, Ed Sorgi, Coach.∑ the better of him. His dignity, kindness the electoral process of her state, f and humor won him the respect and working on campaigns for legislators CONSTABLE SARA LEE friendship of people across the political such as John Olver, and, I am proud to spectrum. He was also a deeply reli- say, in my re-election campaign in ∑ Mr. ABRAHAM. Mr. President, I rise today to give special thanks and appre- gious man who often acted as a lay 1996. ciation for Constable Sarah Lee, who preacher and was inspired by faith in Ms. Kasparian’s charity and service has visited us from Great Britain. Con- everything he did. extended beyond her profession. She stable Lee serves as a Divisional Offi- His message has resonated with me hosted fundraisers for international re- cer with the British Special Constables and so many others because of its sim- lief organizations, demonstrating her in Metro Police Area 5. As a member of ple truth: being true to your own be- deep and unselfish commitment to im- the British Special Constables, I would liefs is the highest ideal. I have tried to proving the quality of life for others like to honor her for the sacrifice heed Hart’s message in my own life, throughout the world. In and of them- which she, along with fellow British re- and I’ll always be grateful for his ex- selves, her contributions to housing serve police officers, makes for her ample of political courage.∑ through the work of the Amherst Hous- country. On behalf of the U.S. Senate, f ing Review Board, which she helped to establish, are worthy of recognition. I offer my highest appreciation for the IN HONOR OF MELINE KASPARIAN the time and talent so generously It is with our knowledge of Meline ∑ Mr. KERRY. Mr. President, on Satur- given by both British and American po- Kasparian as an influential leader and day, August 16th, 1997, this nation lost lice reserve officers. a selfless and caring woman that we ∑ a leader in the fight for quality public f honor her for her efforts in educating education. The history of this country thousands of young people across Mas- WILLIAM OSBORNE HART demonstrates that it is only through sachusetts and attempting to bring ∑ Mr. FEINGOLD. Mr. President, I education that we can give the next educational opportunities to every want to pay tribute to a beloved figure generation the tools they need to pros- child.∑ in Wisconsin politics, William Osborne per and advance, and Meline Kasparian f Hart, who passed away on August 22. of Massachusetts embodied this com- UNANIMOUS CONSENT AGREE- As a longtime activist in the State’s mitment every day of her professional MENT—VITIATION OF CERTAIN Socialist Party, Hart ran for political life. NOMINATIONS office 25 times, and lost 25 times. He Meline spent twenty-five years in the spread his message by running for of- classrooms of Springfield, Massachu- Mr. ENZI. Mr. President, as in execu- fice, and understood that he didn’t setts, teaching two subjects that she tive session, I ask unanimous consent need to win to make a difference. He loved dearly: English and theater. Her that the President be requested to re- once said ‘‘I don’t buy that Vince students were profoundly touched by turn to the Senate the resolution of Lombardi nonsense that winning is ev- her ability to present works from a the Senate of July 24, 1997, advising erything. Change is everything. Most broad spectrum of history and make and consenting to nominations in the politicians in American life who win them relevant and applicable to the Navy beginning John A. Achenbach, to have lost their souls.’’ modern age. In the course of teaching, be captain, and ending Sreten Zivovic, William Hart brought about change she exposed her students to a broad va- to be captain; further, that the con- by challenging his opponents, and the riety of artists, including the works of firmation of the nominations be viti- voters, with his ideas. He was a cham- African-American playwrights and au- ated, and when returned by the Presi- pion of the Bill of Rights, and always thors such as James Baldwin and Ju- dent, the nominations be returned to remained so, refusing to compromise lius Lester. This love of art, literature the Committee on Armed Services. when it was politically unpopular. A and history inspired her to work with The PRESIDING OFFICER. Without tireless political organizer, Hart was a the Black Repertory Theatre at the objection, it is so ordered. cornerstone of Wisconsin’s Socialist University of Massachusetts/Amherst, Mr. ENZI. Mr. President, I suggest Party and helped found Wisconsin’s where her extensive contributions will the absence of a quorum. Labor and Farm Party. be missed for years to come. The PRESIDING OFFICER. The A great example of Hart’s tenacity Ultimately, though, Ms. Kasparian clerk will call the roll. was his run for the Presidency in 1984. will be remembered for her contribu- The assistant legislative clerk pro- Though he was a well-known politician tions to education on both the local ceeded to call the roll. in his home State, Hart was almost and state level. From 1987 to 1996, Mr. ENZI. Mr. President, I ask unani- kept off Wisconsin’s Presidential pri- Meline Kasparian devoted her time to mous consent that the order for the mary ballot, not considered a viable numerous associations committed to quorum call be rescinded. candidate because he lacked national retaining the highest educational The PRESIDING OFFICER. Without media exposure. He refused to abide by standards in the country. Her career as objection, it is so ordered. a decision that equated the ability to a committed leader in Massachusetts f buy television time with the right to began with her service as president of run for office, and sued for a place on the Springfield Education Association ORDERS FOR FRIDAY, SEPTEMBER the ballot with the Wisconsin branch of in 1987 and culminated in her election 5, 1997 the American Civil Liberties Union. as president of the Massachusetts Mr. ENZI. I ask unanimous consent Hart won his lawsuit and scored an im- Teachers Association, an organization that when the Senate completes its portant legal victory. He didn’t win the 80,000 members strong, in 1996. business today, it stand in adjourn- primary, but he did make a difference. Ms. Kasparian’s fight for quality pub- ment until the hour of 9:30 a.m. on Fri- ‘‘I’ve always said that if I won an lic education made her prominent on day, September 5. I further ask that on election, the first thing I’d do is de- the national stage, as well. At con- Friday, immediately following the mand a recount,’’ said Hart, who loved ferences, workshops and round-tables, prayer, the routine requests through to say that he’d once come ‘‘dan- she worked with politicians and edu- the morning hour be granted, and the gerously close’’ to winning a seat on cation advocates from all over the Senate immediately begin debate on the Madison school board. In 1992, at 80 country. She included in her focus nu- the motion to proceed to S. 830, the years old, Hart ran in his 25th and last merous Democratic National Conven- FDA reform bill, and that the debate election. Walking with two canes and tions, where she proudly represented time be equally divided in the usual suffering from heart problems, most the people of Massachusetts as a dele- form until 9:50 a.m. people would have decided 24 times was gate. At these and other national con- The PRESIDING OFFICER. Without enough. But Hart defied convention to ferences, Meline distinguished herself objection, it is so ordered. the end, and exemplified integrity and as a tireless advocate for the expansion Mr. ENZI. I further ask that at 9:50 commitment to those who knew him. of educational opportunities. Realizing a.m. the Senate proceed to a cloture S8836 CONGRESSIONAL RECORD — SENATE September 4, 1997 vote on the motion to proceed to the FICERS OF THE CLASSES STATED, AND ALSO FOR THE JOHN M. CARDWELL, OF VIRGINIA OTHER APPOINTMENTS INDICATED HEREWITH: FLORENCE CARSON, OF VIRGINIA consideration of S. 830, the FDA reform FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MARC WALTER CARSON, OF VIRGINIA bill. CLASS ONE, CONSULAR OFFICERS AND SECRETARIES IN CHERYL D. COMFORT-CARTER, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ERIN CROWE, OF MICHIGAN The PRESIDING OFFICER. Without AMERICA: LINDA ELISA DAETWYLER, OF CALIFORNIA objection, it is so ordered. GARY A. DZIEDZIC, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT CHERYL L. EICHORN, OF VIRGINIA f DOMINIC ALFRED D’ANTONIO, OF CONNECTICUT ALBERT ELGAMIL, OF VIRGINIA JOSEPH J. PASTIC, OF VIRGINIA JOSE M. ESTEVEZ, OF PUERTO RICO RANDOLPH FRANCIS FAGAN, JR., OF VIRGINIA PROGRAM U.S. INFORMATION AGENCY ROBERT L. FARRIS, OF VIRGINIA DAVID ERIC FASS, OF VIRGINIA NANCY R. LE ROY, OF FLORIDA Mr. ENZI. For the information of all JOHN EDWARD FRIBERG, JR., OF VIRGINIA Members, tomorrow the Senate will DEPARTMENT OF STATE DANIEL T. FROATS, OF CALIFORNIA STEPHEN C. GALLOWAY, OF VIRGINIA immediately begin consideration of the DAVID F. DAVISON, OF VIRGINIA RUSSELL C. GILGER, OF VIRGINIA TERRY ARTHUR GINSBURG, OF VIRGINIA motion to proceed to S. 830, the FDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JOSHUA D. GLAZEROFF, OF NEW YORK CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN reform bill, with the time from 9:30 CAREN F. GORDON, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CHRISTOPHER J. GREEN, OF VIRGINIA a.m. to 9:50 a.m. being equally divided AMERICA: GISELLE C. GRIGGS, OF MARYLAND in the usual form. As previously or- AGENCY FOR INTERNATIONAL DEVELOPMENT GEORGE K. HALE, OF WASHINGTON dered, a cloture vote on the motion to SABINA ANN HASMI, OF VIRGINIA EARELL EDWIN KISSINGER, III, OF COLORADO JAMES W. HENTSCHEL, OF VIRGINIA proceed to the FDA bill will occur at MICHAEL JAMES YATES, OF VIRGINIA DAVID ALAN HIGDON, OF TEXAS JOHN J. HILL, OF ALABAMA 9:50 a.m. Also, by previous consent, if FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MICHELLE M. HOPKINS, OF CALIFORNIA CLASS THREE, CONSULAR OFFICERS AND SECRETARIES cloture is invoked on Friday, the Sen- JAMES C. HSU, OF TEXAS IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANTHONY N. IERONIMO, OR NEW JERSEY ate will debate for 8 hours on the mo- AMERICA: S. GEORGE IMREDY, OF THE DISTRICT OF COLUMBIA tion to proceed equally divided be- AGENCY FOR INTERNATIONAL DEVELOPMENT CHRISTOPHER LEE JAEGER, OF MARYLAND tween Senators JEFFORDS and KEN- THOMAS T. KIM, OF VIRGINIA CHARLES S. MORGAN, OF VIRGINIA DOUGLAS ALAN KRIESEL, OF THE DISTRICT OF COLUM- NEDY. In addition, there will be 4 hours SUSAN MUTIJIMA PAGE, OF ILLINOIS BIA of debate on the motion to proceed re- U.S. INFORMATION AGENCY SANJAI KUMAR, OF VIRGINIA JULIE LANGE, OF VIRGINIA maining on Monday. Also, by consent, FRANK J. WHITAKER, OF VIRGINIA BETTY JO LITTLE, OF THE DISTRICT OF COLUMBIA a vote is expected Monday at 5 p.m. on LIZABETH LOWELL, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF KATHLEEN A. LUNDY, OF VIRGINIA an amendment relating to the Labor- CLASS FOUR, CONSULAR OFFICER AND SECRETARIES IN GEORGE W. LYNN, OF VIRGINIA HHS appropriations bill. Any remain- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JOSE ELIAS MERRERO, OF FLORIDA AMERICA: ing votes will be stacked to occur on JACQUES L. MASSENGILL, OF VIRGINIA U.S. INFORMATION AGENCY ROBERT PETER MC CARTHY, OF NEW YORK Tuesday. JOHN M. MC CASLIN, OF OHIO MARY JANE WOLANSKY BUSHNAQ, OF VIRGINIA FRANCIS M. MC GUINNESS, OF VIRGINIA f THOMAS E. COONEY, OF MICHIGAN MITZI M. MC NAMARA, OF VIRGINIA NIDA A. EMMONS, OF FLORIDA THERESA M. MICHAUD, OF VIRGINIA ADJOURNMENT UNTIL 9:30 A.M. SHEILA R. PARKMAN, OF PENNSYLVANIA WILLIAM L. MOYER, OF VIRGINIA KARYN ALLISON POSNER-MULLEN, OF FLORIDA BARBARA BETH MORRISON, OF NEW JERSEY TOMORROW ALETA FAY WENGER, OF WASHINGTON SUSAN V. NARAINE, OF THE DISTRICT OF COLUMBIA MARTIN A. NEWELL, OF MARYLAND Mr. ENZI. Mr. President, if there is DEPARTMENT OF STATE DAVID ROY O’CONNOR, OF THE DISTRICT OF COLUMBIA no further business to come before the CHRISTOPHER D. BERLEW, OF VIRGINIA DARIN K. OLSON, OF VIRGINIA Senate, I now ask unanimous consent BETTY A. BERNSTEIN-ZABZA, OF THE DISTRICT OF CO- MICHAEL ANDREW ORDONEZ, OF WASHINGTON LUMBIA DOUGLAS L. PADGET, OF VIRGINIA that the Senate stand in adjournment JANINE R. BOIARSKY, OF CALIFORNIA KENNETH L. PARSON, OF VIRGINIA under the previous order. RUSSEL JOHN BROWN, OF MONTANA REBECCA ANN PASINE, OF INDIANA KELLY COLLEEN DEGNAN, OF CALIFORNIA TROY ERIC PEDERSON, OF VIRGINIA There being no objection, the Senate, LESLIE STEPHEN DEFRAFFENRIED, OF TEXAS ROSETTA PERRI, OF PENNSYLVANIA at 9:32 p.m., adjourned until Friday, CYNTHIA RAE DOELL, OF NEBRASKA J. PHILIP PLOWMAN, OF VIRGINIA MARK CHRISTOPHER ELLIOTT, OF MARYLAND DAVID B. PONSAR, OF CALIFORNIA September 5, 1997, at 9:30 a.m. KAREN LYNN ENSTROM, OF PENNSYLVANIA JOHN DAVID RADEL, OF VIRGINIA GABRIEL ESCOBAR, OF TEXAS HOPE C. RAWDING, OF VIRGINIA f JONATHAN DAVID FRITZ, OF FLORIDA SCOTT MICHAEL RENNER, OF COLORADO J. ROBERT GARVERICK, OF OHIO DEBORAH CARRIE RHEA, OF VIRGINIA NOMINATIONS JOHATHAN HENICK, OF CALIFORNIA NICHOLAS E. REYNOLDS, OF VIRGINIA BARBARA A.P. HIBBEN, OF MARYLAND JOHN P. RICHARDSON, OF VIRGINIA Executive nominations received by JAN KRC, OF THE DISTRICT OF COLUMBIA JOHN C. ROBERTS, OF MISSISSIPPI PATRICIA J. KOETELANCIK, OF ILLINOIS ABIGAIL ELIZABETH RUPP, OF VIRGINIA the Senate September 4, 1997: MARGARET U. KURTZ-RANDALL, OF ILLINOIS CYNTHIA M. SADDY, OF VIRGINIA LUIS A. SANTOS, OF MARYLAND THE JUDICIARY ADAM DUANE LAMOREAUX, OF UTAH TIMOTHY A. LENDERKING, OF NEW HAMPSHIRE AMY WING SCHEDLBAUER, OF TEXAS DALE A. KIMBALL, OF UTAH, TO BE U.S. DISTRICT CHERYL S. LESTER, OF VIRGINIA MICHAEL B. SCHNEIDER, OF VIRGINIA JUDGE FOR THE DISTRICT OF UTAH VICE DAVID K. WIND- BRIAN R. NARANJO, OF NEW MEXICO BRIAN G. SCOTT, OF VIRGINIA ER, RETIRED. HELEN PATRICIA REED-ROWE, OF MARYLAND JAMES SEMIVAN, OF VIRGINIA EDWARD F. SHEA, OF WASHINGTON, TO BE U.S. DIS- JOAN MARIE RICHARDS, OF CALIFORNIA JANET E. SENG, OF PENNSYLVANIA TRICT JUDGE FOR THE EASTERN DISTRICT OF WASHING- ELIZABETH HELEN ROOD, OF MARYLAND KATHLEEN F. SEROSKIE, OF VIRGINIA TON VICE ALAN A. MC DONALD, RETIRED. WILLIAM JOHANN AUGUST SCHMONSEES III, OF SOUTH SCOTT A. SHAW, OF ILLINOIS CAROLINA RITA M. SHEEHAN, OF VIRGINIA DEPARTMENT OF COMMERCE DAVID JONATHAN SCHWARTZ, OF FLORIDA VINCENT P. SHUGRUE, OF VIRGINIA KENNETH A. THOMAS, OF OREGON DAVID J. SMITH, OF MARYLAND R. ROGER MAJAK, OF VIRGINIA, TO BE AN ASSISTANT LYN R. SUMNER, OF VIRGINIA SECRETARY OF COMMERCE, VICE SUE E. ECKERT, RE- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF GAVIN ALEXANDER SUNDWALL, OF NORTH CAROLINA SIGNED. CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN ANDREW J. TICHAVA, OF VIRGINIA RAYMOND G. KAMMER, OF MARYLAND, TO BE DIREC- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF NANCY E. TOTTEN, OF VIRGINIA TOR OF THE NATIONAL INSTITUTE OF STANDARDS AND AMERICA, EFFECTIVE MAY 29, 1997: WILLIAM M. TOTTEN, OF VIRGINIA TECHNOLOGY, VICE ARATI PRABHAKAR. DEE B. WHITE, OF VIRGINIA DEPARTMENT OF STATE PUBLIC HEALTH SERVICE TERESA WILKIN, OF THE DISTRICT OF COLUMBIA CHRISTINE ANNE HAROLD, OF MARYLAND SEAN MICHAEL WISWESSER, OF VIRGINIA THE FOLLOWING CANDIDATES FOR PERSONNEL AC- CHARLES M. WOLF, JR., OF VIRGINIA TION IN THE REGULAR COMPONENT OF THE PUBLIC THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN KRISTIN MARIE WOOD, OF VIRGINIA HEALTH SERVICE COMMISSIONED CORPS SUBJECT TO SERVICE OF THE DEPARTMENT OF COMMERCE AND THE DAVID MICHAEL ZIMOV, OF OHIO QUALIFICATIONS THEREFOR AS PROVIDED BY LAW AND DEPARTMENT OF STATE AND THE U.S. INFORMATION REGULATIONS: AGENCY TO BE CONSULAR OFFICERS AND/OR SECRETAR- f IES IN THE DIPLOMATIC SERVICES OF THE UNITED 1. FOR APPOINTMENT: STATES OF AMERICA, AS INDICATED: CONFIRMATIONS To be assistant surgeon CONSULAR OFFICERS AND SECRETARIES IN THE DIP- LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: Executive nominations confirmed by JENNIFER L. BETTS SUSANNAH Q. OLNES ABIGAIL KESSLER ARONSON, OF NEW JERSEY MATTHEW A. CLARK MELISSA A. SIPE MARK ANDREW ASSUR, OF VIRGINIA the Senate September 4, 1997: GRETCHEN M. ESPLUND JOANETTE A. SORKIN BRIAN S. AUSTIN, OF VIRGINIA THE JUDICIARY PHILIP T. FARABOUGH REBECCA J. WERNER MARTHA L. AUSTIN, OF VIRGINIA LAURIE E. OLNES ALAN M. BROWNING, OF VIRGINIA HENRY HAROLD KENNEDY, JR., OF THE DISTRICT OF FOREIGN SERVICE RICHARD C. BULMAN, JR., OF FLORIDA COLUMBIA, TO BE U.S. DISTRICT JUDGE FOR THE DIS- DON L. BROWN, OF TEXAS TRICT OF COLUMBIA. THE FOLLOWING-NAMED PERSONS OF THE AGENCIES ELAINE A. BYERS, OF VIRGINIA FRANK M. HULL, OF GEORGIA, TO BE U.S. CIRCUIT INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- PETER CALLAMARI, OF VIRGINIA JUDGE FOR THE ELEVENTH CIRCUIT.