20052 CONGRESSIONAL RECORD-SENATE September 11, 1998 SENATE-Friday, September 11, 1998

The Senate met at 9:30 a.m. and was ond-degree amendments to the bank­ Having said that, I want to person­ called to order by the President pro ruptcy bill. ally pay my respects to the distin­ tempore [Mr. THURMOND]. . guished Senator from Michigan, Sen­ ator ABRAHAM, for the leadership he PRAYER RESERVATION OF LEADER TIME has provided on this. Without him, we The Chaplain, Dr. Lloyd John The PRESIDING OFFICER (Mr. GoR­ wouldn't be this far. I have to say he Ogilvie, offered the following prayer: TON). Under the previous order, the has been a great leader on the Judici­ Dear Father, Sovereign of our Na­ leadership time is reserved. ary Committee. I personally appreciate tion, our Help in ages past and our the efforts he has made on this bill Hope for years to come, we praise You CHILD CUSTODY PROTECTION ACT thus far. I will support him every .way I possibly can. for the gift of prayer. You have given The PRESIDING OFFICER. Under us prayer to share with You what is on The PRESIDING OFFICER. The Sen­ the previous order, the time until 10 ator from Michigan. our minds and hearts and to listen for a.m. is equally divided between the Your guidance. Mr. ABRAHAM. Mr. President, I Senator from Michigan, Mr. ABRAHAM, thank the Senator from Utah for his Holy God, heal our land at this cru­ and the Senator from Vermont, Mr. cial time. Help all of us to examine our kind remarks and look forward to LEAHY, or their designee. working together on this and other leg­ own lives and renew our commitment Mr. HATCH. Mr. President, time is islation. to integrity and moral purity. Bring very limited this morning, so I will be At this point, I yield up to 3 minutes America back to You. Beginning with brief. to the Senator from Ohio. each of us, ignite a spiritual renewal We are voting shortly on cloture on a The PRESIDING OFFICER. The Sen­ that sweeps across our land. You are a Motion to Proceed. In other words, ator from Ohio. God of judgment and grace. Senators will be deciding whether or Mr. DEWINE. Mr. President, the pur­ Be with the President. Enable Your not we can simply consider this impor­ pose of this legislation is very simple: healing reconciliation in his marriage tant measure. It is to make it a crime to transport a and family. Guide the Members of Con­ We all know how contentious the child across State lines if this cir­ gress charged with the responsibility of issue of abortion can get around here, cumvents State laws requiring paren­ seeking what is best for our Nation in and across the country. But this mat­ tal involvement or if it circumvents this crisis. Lead and inspire them as ter is not really even about abortion. State laws requiring a judicial waiver they seek to know and do Your will. This bill is simply about protecting the for a minor to obtain an abortion. It is We commit these decisive days to Your health and safety of minor children and that simple. care. Through our Lord and Savior. the rights that their own states have Many States, as we know, have laws Amen. concluded their parents should have. saying a parent or guardian has to be Specifically, it simply seeks to enforce notified if a child is trying to get an state laws requiring parental involve­ abortion. But not all States have these RECOGNITION OF THE ACTING ment in their minor daughter's abor­ laws. What is happening now, far too MAJORITY LEADER tion so that someone other than those often in this country, is that people The PRESIDENT pro tempore. The parents cannot readily avoid those who aren't parents, who aren't guard­ acting majority leader, the able Sen­ state laws by taking a young girl ians, are taking these children across ator from Utah, is recognized. across state lines for an abortion, cer­ State lines, secretly, to get abortions Mr. HATCH. Thank you, Mr. Presi­ tainly not without the notification to in another State where parental notifi­ dent. their parents. cation is not required. It is that sim­ But whether my colleagues agree or ple. What we are addressing in this bill, SCHEDULE disagree with this bill, or whether, like the Clinton administration, that want and what Senator ABRAHAM is address­ Mr. HATCH. Mr. President, this to modify or limit it, there is simply ing, is an obvious circumvention of morning there will be 30 minutes of de­ no reason to vote no on just proceeding these State parental consent and noti­ bate prior to a rollcall vote on a mo­ to a discussion. fication laws. This bill, then, has two tion to invoke cloture on the motion to The concern has been expressed that purposes: to protect the health of chil­ proceed to the child custody protection there be an opportunity to offer rel­ dren and to protect the rights of par­ legislation. If cloture is not invoked evant amendments. Mr. President, no ents. In fact, it might not be much of and if an agreement has not been one has suggested otherwise. Let's an exaggeration to say that these two reached with respect to the bankruptcy have at it. The only action that would purposes really boil down to just one bill, there will be an additional 30 min­ preclude amendments is a no vote this purpose, because, Mr. President, em­ utes of debate prior to a cloture vote morning. powering parents is the single biggest on the Grassley substitute to the bank­ We are prepared to debate and vote investment we can make in ensuring ruptcy bill. If cloture is not invoked on on amendments. That opportunity was the health of our children. that measure, it is expected that the available at committee and it can be What we are saying with this legisla­ Senate will resume consideration of worked out here. In fact, the amend­ tion is that, yes, parents have the right the Interior appropriations bill. ments offered or filed at committee to be involved in a moral and medical Members are encouraged to come to would likely be germane post-cloture decision that affects their children's the floor to offer and debate amend­ even if this were a cloture vote on the welfare. They have the right to do this. ments to the Interior bill in an effort bill itself, rather than a motion to pro­ They have the duty to do this. When it to make progress on this important ceed. comes to parental notification on abor­ legislation. Therefore, Members should So let's not look for excuses here. I tion, the American people have reached expect rollcall votes throughout to­ urge my colleagues to vote yes and a clear consensus. By a huge majority, day's session, with the first vote occur­ allow us to consider this important leg­ 80 percent, favor parental notification; ring at 10 a.m. As a final reminder, islation. American families- parents 74 percent favor not just parental noti­ Members have until 10 a.m. to file sec- and their children-deserve no less. fication but parental consent, as well-

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. September 11, 1998 CONGRESSIONAL RECORD-SENATE 20053 74 percent. This is a clear expression of perative for the parents of minor chil­ return to the abortion clinic for follow­ the national wisdom. This legislation dren to be included in this life-altering up. The parents won't be watching is an effort to make that kind of in­ decision. According to a 1996 Gallup their daughter's health and the com­ formed decision possible. poll, 74 percent of Americans support plications that can arise. The doctor Now, earlier this year, we in Con­ requiring minors to get parental con­ said that pro-abortion forces do them­ gress worked on another bill, one that sent for an abortion. According to the selves a disservice when they oppose is now law. In that bill, the President Supreme Court, "the medical, emo­ such legislation as this. I think that is and the Congress mandated that the tional, and psychological consequences plainly so from a medical point of flight of a parent to another State to of an abortion are serious and can be view. I think it is plainly so from a avoid paying child support would be a lasting; this is particularly so when the family point of view. Young toughs Federal crime. I worked with Senator patient is immature." Clearly, our Na­ who have impregnated a young girl KOHL to champion the Deadbeat Par­ tion's children should not be kept from ought not to be able to avoid their re­ ents Punishment Act in order to pro­ their parents when making an impor­ sponsibility by secretly taking her tect the interests of America's chil­ tant life decision, particularly one with away to a distant place, without the dren. We have to pursue very vigor­ such broad ramifications as an abor­ knowledge of her parents. This is basic. ously those who would harm our chil­ tion. I was a Federal prosecutor for nearly dren, either by omission or by commis­ I find it unbelievable that schools 15 years, and during that time we had sion. throughout the country are unable to what we call the Mann Act. It prohibits Mr. President, the very same prin­ dispense even a simple aspirin to a the interstate transportation of a fe­ ciple is embodied in the Child Custody child without written consent from male across a State line for the pur­ Protection Act that we are considering their parents; yet, every day thousands pose of prostitution or other immoral today. of adults are permitted to escort chil­ purposes. That is a law that has been There are those living among us, Mr. dren across State lines for an abortion upheld repeatedly by the Supreme President, who would place our chil­ which has serious physical and mental Court. This bill will be upheld by the dren in harm's way by transporting effects. Supreme Court. It is consistent with them across State lines to achieve dan­ This is simply preposterous. A child American law. I am amazed that we gerous goals, both physically and emo­ cannot receive over-the-counter medi­ can't even get the bill up for a vote and tionally. One such goal is abortion. The cations like an aspirin to relieve a that there are people opposing it. right of citizens to pass and enforce headache while at school, but we allow I thank the Senator from Michigan laws regarding the rights of parents is that same child to have an abortion for his leadership. completely violated by the ability of without the consent or knowledge of Mr. ABRAHAM. Mr. President, be­ others to transport children to another their parents and guardians. cause the first 4 minutes of this debate was lost due to other business before State to obtain an abortion. As a Na­ It is my firm belief that we must pass tion, we must use all the resources this law and stop people from bypass­ the Senate, I ask unanimous consent that we extend the time for debate an available to us in order to protect our ing the laws of our individual States. I would like to stress that this bill does additional 5 minutes, which would children and our families from this move the cloture vote to 10:05. conduct. not impact the individual rights of The PRESIDING OFFICER. Without That is our purpose here today. Sen­ States, nor does it alter, supersede, or objection, it is so ordered. ator ABRAHAM has shown strong leader­ override existing laws in the individual Mr. SPECTER. Mr. President, I have ship in bringing this legislation for­ States. What the Child Custody Protec­ sought recognition to express my views ward. I thank him for his work on this tion Act does is protect the current on the vote we are taking today re­ important bill, and I yield the floor. laws of States which have chosen to garding the Child Custody Protection Mr. ABRAHAM. I yield 3 minutes to implement parental notification. Most Act. I will vote to invoke cloture on the Senator from Arizona. important, this legislation protects our the motion to proceed to consideration Mr. McCAIN. Mr. President, I thank children from making a life-altering of this legislation because I believe it the Senator from Michigan for his decision without the guidance of their is an issue that merits consideration leadership on this very important most trusted and caring advisers, their by the full Senate. issue. I am here to offer my whole­ parents. The mental and physical well­ Based on my conversations with hearted support for him in his efforts being of thousands of children depends Pennsylvanians throughout the Com­ on this piece of legislation. on us passing the Child Custody Act. monwealth in recent weeks, I am well Currently, 22 States require parental Mr. ABRAHAM. Mr. President, at aware of the strong views on either notification if a minor is going to re­ this time, I yield 2 minutes to the Sen­ side of this issue. It is the responsi­ ceive an abortion. Each year, thou­ ator from Alabama. bility of the Senate to deliberate over sands of adults deliberately circumvent The PRESIDING OFFICER. The Sen­ proposals concerning matters as com­ these laws by taking children across ator from Alabama. plicated as an individual's right to an State lines to receive an abortion in Mr. SESSIONS. Mr. President, I add abortion, particularly when minors are another State which does not require my compliments to Senator ABRAHAM involved and there are substantial parental consent. from Michigan for his outstanding State interests at stake as well. While This legislation would make it a Fed­ work in crafting this professionally I am troubled by some of the implica­ eral criminal offense to take children drafted, constitutional, and well-done tions of this bill, I believe it is impor­ across State lines to receive an abor­ amendment. tant that this is debated by the entire tion without the knowledge of their There was a: recent article in the New body, not just the Judiciary Com­ parents. By implementing this safe­ York Times by an abortion doctor who mittee. guard legislation, we will insulate our admitted to doing 45,000 abortions. He Mr. ABRAHAM. Mr. President, I sug­ children from exploitation by adults said in that article that parents ought gest the absence of a quorum and ask who do not want the parents involved to be consulted in these circumstances. unanimous consent that the time be in the decisionmaking process for an He said that, when someone- often taken out of the minority side. abortion, and who may not have the some young man-takes a very young The PRESIDING OFFICER. Without child's best interests at heart. girl across a State line to a State objection, it is so ordered. The decision to have an abortion is a where abortions don't require parental The clerk will call the roll. critical one, which I hope women of all consent, he is jeopardizing the health The assistant legislative clerk pro­ ages would not choose. However, de­ of that young girl, because the parents ceeded to call the roll. spite an individual's personal opinion won't even know to watch out for her Mr. LEAHY. Mr. President, I ask about abortion, the majority of Ameri­ health. Having had the abortion a long unanimous consent that the order for cans, myself included, believe it is im- distance away, the girl won't be able to the quorum call be rescinded. 20054 CONGRESSIONAL RECORD-SENATE September 11, 1998 The PRESIDING OFFICER. Without them some time. I see there is one re­ I congratulate the Senator. objection, it is so ordered. quest. Mr. ABRAHAM. Mr. President, I Mr. LEAHY. Mr. President, I am Let me yield to the Senator from thank the Senator from Pennsylvania pleased that the chairman of the Sen­ Pennsylvania for 1 minute to comment for his support as well as for his work ate Judiciary Committee, Mr. HATCH, on the legislation. on a number of other related issues, in­ and also my good friend from Michi­ The PRESIDING OFFICER. The Sen­ cluding the one we will be debating gan, Mr. ABRAHAM, have said that the ator from Pennsylvania. here soon for the Senate. He has given majority is prepared to debate and vote Mr. SANTORUM. Thank you, Mr. leadership in a variety of areas-espe­ on amendments to this bill. I know President. Now that the Senator from cially in the area of abortion rights, that a number of my colleagues want Vermont has agreed to support the mo­ which has been, I think, a source of to bring amendments that are also im­ tion to proceed-that is heartening-we great strength to people who care deep­ portant for the health and safety of can now get to this. ly about this topic. We look forward to American families and children. I came here to plead that we at least working with him later this week on a I have some concerns, as I have ex­ be given the opportunity to discuss related matter that will come before pressed to the Senator from Michigan, this issue. On this bill, while it is obvi­ the Senate. on the overall bill. But with the assur­ ously important to the entire country, In light of the current floor situa­ ances that we are going to have de­ the case which has been highlighted, tion, I don't think there will be other bate-! am not talking about dilatory which is the one that is the most dis­ speakers joining us. I intend to make a debate, I am talking about real debate turbing, is the case from Pennsylvania few remarks now, and, at the end of and amendments-! am prepared to of a horrible situation where a young that time, if no one else has come to take Senator HATCH and others at their girl 12 years old was raped by a boy 18, the floor to speak, I will yield back the word and proceed to this bill and work was given alcohol, and was impreg­ remainder of the time that has been af­ through it. nated while she was unconscious. The forded me by the minority and seek Having said that, I have some dif­ stepmother of the boy, without the unanimous consent that we vote as ficulties with aspects of the bill. I note knowledge of the little girl's mother, originally planned. for my colleagues that those difficul­ took her across the State line to have In light of Senator LEAHY's com­ ties go to particular constitutional and an abortion. ments, it seems that probably the mo­ legal issues, not to the underlying con­ In fact, there are a series of false pre­ tion to proceed will receive enough cerns the Senator from Michigan has tenses, which I will outline in the de­ votes for cloture and then we can begin expressed. bate that we hope now to have on the moving forward. The Senator from Michigan has ex­ full bill. It shows how this law is nec­ As I said in my remarks to the Sen­ pressed some very real concerns, many essary to protect the rights of parents, ate yesterday, this is an issue that of which I share. He has done it in a and the State of Pennsylvania wants to would seem to me to be one that peo­ way that shows a deep, heartfelt con­ protect them. The State of Pennsyl­ ple, regardless of their view on the un­ cern, a concern of conscience, and I ap­ vania has a law in place that says you derlying issue of abortion rights, could plaud him for that. We will work need parental consent. Parents in the agree on; that is, that the Supreme through these particular things in the State believe they should be able to Court of the United States has deemed same way. As the Senator from Michi­ rely upon the law, that they should be it to be constitutional for States to gan knows, I did not take steps to able to have that right that the State enact parental involvement statutes­ delay this bill from coming out of com­ of Pennsylvania suggested that we parental consent or parental notifica­ mittee. This bill deserves to have a have, that the people of Pennsylvania tion statutes. Based on that decision, vote. We deserve, some of us, and prob­ should have their laws honored, and about 22 States have enacted such ably both sides, to have a vote on some that people, by crossing State lines, laws. The families in those States, the of the amendments. We will do that. should not be able to evade what is the parents in those States,· and the chil­ I will urge my colleagues to vote to law within Pennsylvania. This is less dren in those States have a right to move forward with this bill. an abortion issue than it is a State rely on those laws. Those laws have I yield the floor. rights issue. been enacted to protect young women I see nobody on our side looking for As Senator DEWINE mentioned in his who are minors who might consider an further time. I will yield, if this will debate, we have done things just re­ abortion. The reason for that is very help the Senator from Michigan, the cently with child support to get better simple. remainder of my time to him, with the enforcement of State decisions across The abortion procedure is a serious understanding that if somebody comes State lines to protect children and to medical procedure. The consequences up I am sure he will take care of their protect families. This is just another of that procedure are very serious. time. instance where we should do that-pro­ There is no one in a better position, Mr. ABRAHAM. I thank the Senator. tect the rights of parents and protect particularly with extremely young The PRESIDING OFFICER. The Sen­ the rights of children within the bor­ women, to know about their health ator from Michigan. ders of the State, as the State legisla­ considerations better than the parents. Mr. ABRAHAM. Mr. President, first, tures and Governors have enacted laws Of course, there are certain instances I thank the Senator from Vermont for to do so. where parents may not be appropriate his remarks both here as well as in the I commend the Senator from Michi­ because of abusive situations. The committee when we dealt with this gan for his work to fight through the States have addressed that. And the issue. I think he and other members of Judiciary Committee and to get this courts have permitted States to ad­ the other side on this debated in a very bill to the floor, and to now get it to a dress that with bypass procedures and thoughtful fashion some of the issues point where hopefully we can begin the other mechanisms to allow young at stake. debate and we can begin to move for­ women to have options in those rare In light of his comments, it is my ward with the debate of these amend­ instances. But other than in those rare hope, obviously, that we will agree to ments. instances, these laws make sense. I this cloture motion this morning over­ I understand States rights and en­ think an overwhelming percentage of whelmingly, and then hopefully the forcing State laws is an important Americans support them. Senate can begin to discuss a list of po­ issue that we debate here often in the The problem is that these laws lack tential amendments that might be de­ Congress. But there is none more im­ forcefulness. It is possible to cir­ bated on it for whatever time and we portant, as far as I am concerned, than cumvent them very easily by simply would then call the bill up. to protect the lives and health of chil­ transporting the child across a State If there are others here who would dren and the rights of parents. That is line for an abortion. Our legislation is like to speak at this point, I yield to exactly at the heart of this legislation. simply an effort to clarify which laws September 11, 1998 CONGRESSIONAL RECORD-SENATE 20055 would apply in the new jurisdiction There is an even more sobering as- Minors must not be left alone to where that abortion might be per­ pect to this issue. A significant reason make these crucial decisions. Abortion formed. This legislation says that the behind evasion of the State's parental is a major medical procedure, highly laws of the States which have enacted involvement law can be an effort to invasive and often emotionally trau­ parental consent laws still have mean­ cover up statutory rape violations. matic. There are hundreds of accounts ing, still have consequence, and the In a study of 46,000 pregnancies by of women who as adults, decide to un­ families in those States still have the school-age girls in California, research- dergo an elective abortion and are then ability to rely on those laws. ers found that seventy-one percent, or plagued by profound regret, health I cited yesterday on the floor the over 33,000, were fathered by adult complications and emotional trauma case that was presented in our hearings post-high-school men. Another study for having made that decision. of Joyce Farley who was victimized by reports that 58 percent of the time it is How much greater is the potential just such a situation-the Senator the girl's boyfriend who accompanies a for a hasty and regrettable decision from Pennsylvania just alluded to it­ girl for an abortion when her parents when the mother is herself a child who where her 12-year-old daughter was have not been informed of the preg- may not fully understand her options raped by a neighbor, became pregnant, nancy. and the consequences of her choices? and then, in an effort to try to cover up Obviously, many of these men are I urge my colleagues to vote for clo- that act, the neighbor's parent drove vulnerable to statutory rape charges. ture to proceed to this bill and to sup­ the child out of Pennsylvania, where This vulnerability provides these men port this important legislation, and I parental consent laws are required, to with a strong incentive to pressure the yield the floor. much younger girl to agree to an abor- Mr. President, I know Members are the State of New York, where they had tion without revealing the pregnancy anxious to get to this cloture vote. I the abortion performed, falsified docu­ to the parents. Currently, a man seek- strongly support the efforts of the Sen­ ments pretending she was the mother, ing to do so can evade the law and hide ator from Michigan and the Senator brought the child back to Pennsyl­ his crime by driving his victim across from Pennsylvania and others to deal vania, and left her 30 miles from home State lines. with this important item. I commend in a very, very serious state of health. Opponents of this legislation argue them for their perseverance in pur­ The child became very sick, finally got that in some families, ideal relation- suing this. I think it is important that home, and finally told her mother what ship may not exist with the parents- we move forward with this and support had happened. Only because her mother that in families where abuse is present, it. was a nurse was proper medical atten­ for example, parental involvement It is designed in a way to protect the tion at that point applied and the little would be detrimental. This concern is rights of children, the rights of par­ child's life saved. addressed in that judicial bypass provi- ents, and the rights of States. I urge This doesn't, in my judgment, seem sions exist in every state with a paren- my colleagues to support it. to me to be a situation where we can tal notification requirement. These ju- Mr. ABRAHAM. Mr. President, I note simply allow this to continue. For that dicial bypass procedures are not oner- there are no other individuals on either reason, our legislation is aimed not at ous. A recent study of Massachusetts side of the aisle here to speak at this changing the underlying abortion laws bypass procedure published in the point, and so in that the hour of 10 of States, not at changing or in any American Journal of Public Health re- o'clock, which was the original time way enhancing the parental notifica­ ported that only 1 out of 477 girls was that this vote was slated to occur, has tion laws, but simply saying that refused a judicial authorization. Fur- arrived and there are no other speak­ where the laws exist, they have tci be thermore, the average hearing lasted ers, I ask unanimous consent to with­ enforced regardless of where the child less than 13 minutes. draw the most recent unanimous con- is taken for an abortion. That is what Passing this bill will not force paren- sent agreement that was entered into, the purpose of the legislation is. tal disclosure in instances where abuse yield back all remaining time, and pro­ I hope today we can move forward on exists within a family. Conversely, fail- ceed at this point to a vote on the mo­ this motion to proceed. Then I hope we ure to pass this legislation could com- tion to proceed. can work together, regardless of what promise parental support from the rna- The PRESIDING OFFICER. Without people's position might be on the abor­ jority of families where good counsel objection, it is so ordered. tion question and the underlying ques­ and loving support would be provided. CLOTURE MOTION tion, to say that parents and families Americans support the concept of pa- The PRESIDING OFFICER. Under in these situations should be protected rental involvement. In a 1996 Gallup the previous order, the clerk will re­ and shall be protected by this Con­ poll seventy-six percent of those polled · port the motion to invoke cloture. gress. favored laws requiring the girls under The assistant legislative clerk read Mr. President, I yield 30 seconds to the age of 18 get either parental con- as follows: the Senator from Indiana. sent or at least inform their parents CLOTURE MOTION The PRESIDING OFFICER. The Sen­ before obtaining an abortion. This con­ We the undersigned Senators, in accord­ ator from Indiana. viction is reflected at a legislative ance with the provision of rule XXII of the Mr. COATS. Mr. President, I would level by the 22 states that have enacted Standing Rules of the Senate, do hereby like to speak in support of S. 1645, The laws requiring parental notification. move to bring to a close debate on the mo­ Child Custody Protection Act. This is not a broad piece of legisla­ tion to proceed to S. 1645, the Child Custody The purpose of this act is to prohibit Protection Act: tion, it has in fact been described by Trent Lott, Orrin Hatch, Spencer Abra­ the transportation of minors across the media as "narrowly tailored to ad­ ham, Charles Grassley, Slade Gorton, state lines with intent to avoid appli­ dress a specific problem." The act does Judd Gregg, Wayne Allard, Pat Rob­ cation of a state law requiring parental not establish a national requirement of erts, Bob Smith, Paul Coverdell, Craig involvement in a minor obtaining an parental consent or notification prior Thomas, James Jeffords, Jeff Sessions, elective abortion. to the performance of an abortion on a Rick Santorum, Mitch McConnell, As I imagine the fear, confusion, and minor under 18. Nor does it attempt to Chuck Hagel. perceived isolation of a minor child regulate any purely intrastate activi­ CALL OF THE ROLL who learns that she is pregnant, I can ties related to the procurement of The PRESIDING OFFICER. By unan­ think of few situations where the sup­ abortion services. S. 1645 simply helps imous consent, the mandatory quorum port and security of family is more des­ effectuate the policies of States that under the rule is waived. perately needed. Many states have en­ have decided to provide a layer of pro­ VOTE acted laws to assure that parents are tection of their own residents against The PRESIDING OFFICER. The involved. This bill would assure that these dangers to children's health and question is, Is it the sense of the Sen­ these state laws are not easily cir­ safety by requiring parental involve­ ate that debate on the motion to pro­ cumvented by crossing state lines. ment in the abortion decision. ceed to the consideration of S. 1645, the -. . . . . - - ' . .. ' "" - . - ~

20056 CONGRESSIONAL RECORD-SENATE September 11, 1998 Child Custody Protection Act? The which is the most important, most effi­ recognized is that the Constitution re­ yeas and nays are required under the cacious, and most brilliant document quires the Chief Justice to preside, so rule. The clerk will call the roll. ever written as to how our country it ties up the Supreme Court of the The leg·islative clerk called the roll. should handle the issues and the prob­ United States. But the Constitution, Mr. FORD. I announce that the Sen­ lems which we now confront. that brilliant document, sets forth the ator from Nebraska (Mr. KERREY), the The Constitution establishes the ground rules, and we have that as, real­ Senator from Illinois (Ms. MOSELEY­ blueprint for what we are to do next, ly, the strength of our American insti­ BRAUN), and the Senator from West and that is fpr the House of Represent­ tutions to guide us in these very, very Virginia (Mr. ROCKEFELLER) are nec­ atives to consider the Starr report, troubled times. essarily absent. bearing in mind that it is a report I think it is very important that the The PRESIDING OFFICER (Mr. which contains charges to which there Senate, and the House, too, focus on INHOFE). Are there any other Senators will be a reply and, perhaps, depending very important legislative matters in the Chamber who desire to vote? upon what the House of Representa­ which have come before us in the The yeas and nays resulted-yeas 97, tives decides, we will move to a stage course of the balance of September. nays 0, as follows: of hearing evidence. 1 Those are the appropriations bills [Rollcall Vote No. 265 Leg.] The question of evidence is one of which fund the Federal $1.7 trillion YEA8-97 enormous importance because that is budget. I have the privilege to serve as the determinant as to establishing the chairman of the Senate appropriations Abraham Faircloth Lott Akaka Feingold Lugar facts. In our judicial system and in our subcommittee which has jurisdiction Allard Feinstein Mack congressional system, and in the sys­ over the Department of Education, the Ashcroft Ford McCain tem on impeachment proceedings, the Department of Health and Human Baucus Frist McConnell facts are established by witnesses who Services, and the Department of Labor. Bennett Glenn Mikulski Bid en Gorton Moynihan testify as to what they have seen or ob­ Traditionally, this bill has been left to Bingaman Graham Murkowski served-or generally witnessed. It may the end because it is so contentious. Bond Gramm Murray be that we will hear people who will Senator HARKIN, the ranking Demo­ Boxer Grams Nickles Breaux Grassley come forward who will tell us what crat, and I have conferred and have for­ Brown back Gregg Reed they saw and what they observed as mulated a plan to try to bring our bill Reid Bryan Hagel witnesses, contrasted with what ap­ to fruition early on this year. If we Bumpers Harkin Robb Bums Hatch Roberts pears in the news media, which is hear­ wish to get something done-some­ Byrd Helms Roth say-sometimes reliable, sometimes thing I learned a long time ago in the Campbell Hollings Santorum unreliable-almost universally the Senate is that if you want to accom­ Chafee Hutchinson Sarbanes source is leaks, a sustained line of plish what is in the public interest, we Cleland Hutchison Sessions Coats Inhofe Shelby source material, but one which is the have to cross party lines to do it. Sen­ Cochran Inouye Smith (NH) common parlance. But when it comes ator HARKIN and I have worked on that Collins Jeffords Smith (OR) to a proceeding as in a court pro­ line. Conrad Johnson Snowe Coverdell Kempthorne ceeding or as in an impeachment pro­ Our staffs did an excellent job in Specter pushing ahead on an expedited basis to Craig Kennedy Stevens ceeding, it is a matter of evidence, and D'Amato Kerry Thomas the rules of evidence in an impeach­ prepare a subcommittee report during Daschle Kohl Thompson ment proceeding may be entirely dif­ the month of August, and on the sec­ De Wine Kyl Thurmond Dodd Landrieu ferent. There are some hearsay declara­ ond day that we were back, September Torricelli Domenici Lauten berg tions which are admissible under com­ 1, a week ago Tuesday, the sub­ Dorgan Leahy warner plex rules. There may be broader rules committee acted, and then, under Sen­ Durbin Levin Wells tone Enzi Lieberman Wyden of evidence established. At least we ator STEVENS' leadership, the full com­ come to the point of evidence as op­ mittee acted on Thursday. So the bill, NOT VOTING-3 posed to reports and as opposed to appropriations for Labor, Health, Kerrey Moseley-Braun Rockefeller charges. Human Services and Education, is now The PRESIDING OFFICER. On this I think it is very important, as oth­ ready to come to the floor. The distin:­ vote, the yeas are 97, the nays are 0. ers have said on this Senate floor and guished majority leader has stated that Three-fifths of the Senators duly cho­ as others have said in the public mi­ our bill can be considered immediately sen and sworn, having voted in the af­ lieu, that we not rush to judgment but after the Interior bill, so that we do firmative, the motion is agreed to. that we consider what the evidence is not wait until the very end of Sep­ The question is on the motion to pro­ and make a considered judgment, and tember. But Senator LOTT has articu­ ceed. that the interests of fairness are para­ lated a fair admonition, that if the bill Mr. CRAIG. Mr. President, I suggest mount, as they have been reflected in becomes cluttered with so-called killer the absence of a quorum. Anglo-Saxon jurisprudence, and really amendments or becomes highly politi­ The PRESIDING OFFICER. The improved upon in the American-the cized, that we cannot keep the bill on clerk will call the roll. U.S. judicial system on what is due the Senate floor but it will be taken The legislative clerk proceeded to process and what is fair treatment. down. I think that is a fair consider­ call the roll. And deliberation is a critical part, and ation. So we have our own institu­ Mr. SPECTER. Mr. President, I ask not rushing to judgment is a critical tional prerogatives. It goes without unanimous consent that the order for part. saying sometimes politics dominates the quorum call be rescinded. We will see what the House of Rep­ what happens on. the Senate floor, but The PRESIDING OFFICER (Mr. resentatives decides to do and what the it is our hope that we will be able to SMITH of New Hampshire). Without ob­ House Judiciary Committee decides to avoid killer amendments and will be jection, it is so ordered. do. It may be, as the constitutional able to proceed to consider the merits procedure specifies, that the matter of the bill. will be before this body and each of us Senator HARKIN and I have discussed HANDLING OF THE STARR REPORT in the U.S. Senate will be, in effect, a this with the distinguished minority Mr. SPECTER. Mr. President, I have juror. It is a complex matter which leader, Senator DASCHLE, who is sym­ sought recognition to comment on the portends great problems for our Gov­ pathetic to our point of view and, with­ matters now pending before the Con­ ernment if the House takes up the mat­ out making commitments, has stated gress as the House of Representatives ter of impeachment proceedings. It will he would like to see that proceed. We considers what to do with the Starr re­ tie up the House. If the Senate delib­ discussed the issue of time limits, and port. I suggest that we are guided now erates as a jury, it will obviously tie up I have already started to talk to Sen­ by the genius of the Constitution, this body. And what is not generally ators who have amendments where we September 11, 1998 CONGRESSIONAL RECORD-SENATE 20057 can consider a time agreement, an hour which is a dramatic characterization, jected to continue for a number of equally divided or perhaps an hour and but one which I think is realistic; suck­ years into the future. But that surplus a half equally divided, so that we take ing all the oxygen out of every room in will be quickly frittered away if we add up issues which have to be debated and Washington, so that that is the sole new spending programs that are not have a resolution of them, hopefully focus of attention. From the conversa­ paid for, or if we arbitrarily increase omitting the highly politicized matters tions in the Cloakroom and on the the spending of the Federal Govern­ where there is going to be deadlock and floor, that is a realistic problem. ment in programs that already exist which might require that the bill be I do believe we have to maintain a without looking at our budgeting proc­ taken down. focus on these appropriations bills ess. Our subcommittee has had a good which are so important, as we look to The emergency supplemental, as well working relationship with the House. what is going to happen with the Na­ meaning as it is intended to be, rep­ We worked through with Congressman tional Institutes of Health in cancer re­ resents, in my opinion, and raises the PORTER, the subcommittee chairman search, Alzheimer's, Parkinson's, et issue of how we are going to maintain on the House side, my counterpart, and cetera, what happens with education our surplus and threatens that surplus. with Congressman LIVINGSTON, the on increases for Head Start, guaran­ Since 1993, we have had $37 billion of chairman of the full committee. It is teed student loans, what happens on spending under emergency bills. That our realistic hope, realistic expecta­ worker safety. We are going to push is $37 billion that has been spent out­ tion, that we can work through the very hard to bring forward our bill, side the budget process and has essen­ process there. hopefully next week, and debate the tially added to the deficit, or in the I had a chance to discuss the matter issues under time agreements to let case of this year, reduced the surplus. previously with the President--yester­ this body work its will and try to work This year, the emergency supple­ day. It was an event in the White the matter through the House and then mental is being talked about as a rath­ House, where Pennsylvania was a re­ through the White House and then take er huge bill. In the past, since 1993, the cipient. As is the custom, I received an up the other appropriations bills, so average of those bills has been some­ invitation to attend, and did so, and that while we have this grave national where in the vicinity of $5 billion or $6 had a chance to talk for a few moments billion. But now we are talking about problem which we have to consider at an emergency supplemental of-I have with the President about this bill, the same time, we do not lose focus Labor-HHS-Education. The President heard a number as high as $20 billion. that September is the critical month But anything in the range of even $10 stated that he thought our Senate bill for appropriations bills. was a significant improvement over billion or $15 billion would be a huge I ask all of my colleagues who antici­ number and would significantly reduce what has come out from the House Ap­ pate amendments for this bill to let us the surplus unless it was offset. propriations Committee. I pointed out know at an early date so that we can The purpose of an emergency supple­ that, while it did not have everything make a decision on what might be ac­ mental is to address issues which we the President had asked for, it was im­ cepted, what might be compromised, or had not anticipated which need imme­ portant to focus on the fact that the what might be subjected to time limits diate action and to do so promptly. I bill was $1.9 billion short of what the so that notwithstanding the problems can agree with all those purposes, but President had projected on income be­ which the President faces and which, in unfortunately, the emergency supple­ cause we do not have the receipts from turn, the country faces, that we can mental process has become a process the tobacco bill, which was never acted focus on the appropriations process and which has basically been used as a upon, and we did not have the user complete the people's business during giant loophole through which we have fees, which had not been authorized. the month of September. generated new spending and, thus, are Senator HARKIN and I, then, earlier I thank the Chair and yield the floor. putting at risk, in many instances, our this week, took a rather unusual step Mr. GREGG addressed the Chair. surplus as we finally reached it. of convening a meeting of govern­ The PRESIDING OFFICER. The Sen­ Secondly, we have to ask ourselves, mental affairs people, also known as ator from New Hampshire. From where is this money coming? In lobbyists, who have an interest in this Mr. GREGG. Mr. President, are we in the past, we were borrowing it and cre­ bill, especially those who have in­ morning business? ating debt, which was bad enough. This creases, as we have significant in­ The PRESIDING OFFICER. The time when we fund this emergency sup­ creases on the National Institutes of pending business is the motion to pro­ plemental, if it is anywhere near the Health, Head Start, and the National ceed to the Child Custody Act, which is range of $15 billion or $20 billion, that Labor Relations Board, in order to se­ s. 1645. is all basically going to come out of the cure their assistance. Because, if we go Mr. GREGG. I ask unanimous con­ Social Security trust fund. We will be to a continuing resolution, then those sent to proceed as in morning business borrowing from the Social Security matters will be funded at last year's for 10 minutes. trust fund because this year the sur­ level and they will not have the advan­ The PRESIDING OFFICER. Without plus is essentially generated by the So­ tages of the additions. So there is some objection, it is so ordered. cial Security taxes which exceed the very keen potential interest on their Social Security expenses. That, in and part seeing this bill move. Our request EMERGENCY SPENDING BILLS of itself, raises huge public policy to them was to exercise their best ef­ issues. forts-they have a lot of contacts in Mr. GREGG. Mr. President, there are I hope that before we step into this the Senate, the House and the White three issues which I think we need to or step off on to this road which leads House-to help us move the bill. be thinking about addressing as we to this giant loophole in our budgeting So I speak about this subject at some move into the end of this session. The process, which generates expenditures length, although I think not at exces­ first is an emergency spending bill outside of our budget caps, that we will sive length here today, to urge my col­ which is coming at us and how we pay think about the process and, hopefully, leagues to focus on the appropriations for that. take a hard look at offsetting a signifi­ process and not to be distracted by Traditionally, emergency spending cant amount of this emergency supple­ what is happening with the Starr re­ bills have been paid for outside the mental. port and the collateral problems which budget process. We have worked very Much of it was anticipated. We al­ our country faces at this moment. hard, however, as a Congress and as a ready spent $1.5 billion emergency for One .of our colleagues said last week country to get our budget in balance. Bosnia. We should have been able to that when the Starr report hit, those It has not been an easy task. It has anticipate it and offset it. Clearly, the issues were au courant in Washington, taken us 29 years to get the budget in situation that has occurred in the that it would suck all the oxygen out balance. This year we will have a $60 farming communities is a severe emer­ of every room in Washington, DC, billion surplus, and that surplus is pro- gency, but almost every year we appear 20058 CONGRESSIONAL RECORP-SENATE September 11, 1998 to have an emergency in the farming that as we move forward in the future number of other people have talked communities. We should be able to that we will have fiscal discipline here about it in different machinations-in­ budget and offset it. Disaster events and we will stay on the glide path to­ cluding Senator MOYNIHAN, Senator have become, regrettably, all too com­ ward maintaining our surplus, which GRAMS, Senator DOMENICI, Senator monplace. They are severe, and they has been so difficult to attain and KERREY-to take the tax cut and put it need to be responded to, but we should which is so important to the future of into a personal savings account which be able to anticipate and budget it with our country. That is the second fiscal would be owned by the individual who some sort of reserve account and be point I wanted to make. pays the taxes; and it will be their setting it off. The fiscal third point I want to make money, they will have it as an asset, The only event which is truly an is about taxes. It is obvious we are run­ and it will be available for them when emergency which we could not antici­ ning a surplus, and, yes, that surplus is they retire. J hope we will consider pate was the blowing up of the embas­ significant and there is a big demand that as an option also. sies in Africa. I happen to chair the to cut taxes, which is totally reason­ So as we move into this tax cut de­ committee that has jurisdiction over able. bate, I intend to raise this whole issue. that. If I were asked by the appro­ What is a surplus? It basically means And I believe we should raise this priating authorities, by the leadership people are paying more in taxes than whole issue of where the taxes are com­ around here to find offsets for the pur­ we are spending in Government. So ing from and who appropriately should poses of paying for that, I would be whose right is it to get the money be getting a tax cut. willing to do that, or at least some por­ back? It is the taxpayers' right to get I ask unanimous consent for another tion of that. So as to the extent that the money back. 2 minutes. emergency has occurred, I am willing So we should be looking at a tax cut. The PRESIDING OFFICER. Without to go back and see if we can't find some There are lots of different discussions objection, it is so ordered. ways to pay the cost of that emergency around here looking at what the tax Mr. GREGG. So three things we need with some sort of offset, some percent­ cut should be. But in looking at this to be concerned about are, first, as we age of it anyway, maybe not the whole tax cut, we have to look at where the step into this emergency spending revenue is coming from. water, let us be careful about where amount, but a percentage of it. Revenues for this surplus are coming I am simply saying in throwing up a the money comes from, let us look at from the Social Security tax. They are word of caution here, before we step on not coming from the general revenue an offset; second, let us get those caps to this emergency spending process tax. They are not coming from the in­ extended so we can have sound fiscal without any offsets, let's look at what come tax or the corporate tax or a va­ policy throughout the 5 years of the it will do to the budget in the outyear riety of fees that we charge as a soci­ balanced budget agreement we reached and what it will do to the Social Secu­ ety, as a Government. They are coming with the President; and third is, we rity fund and is it proper to do it with­ from the fact that people are paying look at a tax cut, let us have a tax cut out offsets. I don't think it is. Some more into the Social Security trust that flows back to the people who are percentage should be offset. fund than the Social Security trust paying the taxes, those folks who are Second, I want to talk about caps. fund is paying out today. As a result, paying Social Security taxes. Caps are ways we as Congress dis­ we are running a surplus. That is true Mr. President, I yield the floor. cipline ourselves, where we say we will through about the year 2001 or maybe Mr. BUMPERS addressed the Chair. not spend more than this amount in even the year 2002, that the surplus of The PRESIDING OFFICER. The Sen- any one year. That is what the emer­ this Government as it is projected will ator from Arkansas. gency issue is about, as I alluded to. be primarily a Social Security trust Mr. BUMPERS. I ask unanimous con­ The emergency spending designation fund surplus. sent that I be permitted to proceed allows you to exceed the caps, which is So when we are looking at a tax cut for-I will not say a specific period of an appropriate action in the budget around here, I think we ought to look time, I simply say that I will yield the process, but is not necessarily a fis­ at the people who are paying the taxes. floor any time our leader or anybody cally sound action. That would only be logical. People who working on the bankruptcy bill asks The caps are in place only for the are generating the surplus should get me to. I ask unanimous consent that I next 2 years because we do not have in the return of the taxes. And that be allowed to proceed as in morning place a budget. We did not reach . a should be the Social Security taxpayer. business. budget agreement, and it does not ap­ More importantly, there is no more The PRESIDING OFFICER. Without pear we are going to reach a budget regressive tax that we have on the objection, it is so ordered. agreement this year which would ex­ books than the FICA tax. It is paid tend the caps over the lifetime of the across the board. It is paid by every­ budget agreement which we reached LET US RESERVE JUDGMENT ON body. No matter what your earned in­ IMPEACHMENT last year with the President. Last year, come is, you pay the FICA tax at the we reached the balanced budget agree­ same rate. It is a regressive tax by any Mr. BUMPERS. Mr. President, I had ment, a very important act in the his­ stretch of the imagination. No deduc­ not intended to discuss the subject of tory of this country, which has led to tions, no exemptions, you pay it. Thus, the hour this morning, and I will only the surplus, in large part, this year and if we are looking for a place to cut do so briefly and, hopefully, not in a will lead to projected surpluses in the taxes which would benefit the most controversial way. I heard the Senator future years. But that budget agree­ Americans and be the fairest place to from Pennsylvania pleading with peo­ ment only had caps for 3 years. It was cut taxes, we should be looking at cut­ ple to reserve judgment. And I simply a 5-year agreement. So we are closing ting the Social Security tax. want to echo what he said. These are in now on the point when those caps So as we move down the road to the very traumatic times for this country. are no longer in existence and we will discussion on tax cuts, let us take a And I would say, despite the trauma no longer have any fiscal discipline hard look at cutting the FICA tax, re­ the country is experiencing over the around here. turning to the American people more apparently possible impeachment of I intend, and I hope I will receive the of their tax dollars through a FICA tax the President, we still have a tremen­ support of my colleagues, to offer an cut. In doing that, we ought to also be dous amount of work to do in the U.S. amendment to whatever the emergency looking at increasing the savings of the Congress, and the American people supplemental is to extend the caps for American people and trying to make have a right to expect us to do that the last 2 years of the budget agree­ the Social Security system more sol­ business before we leave here. ment which we reached with the Presi­ vent in the outyears. While it is more gratifying, I sup­ dent. I think that is only reasonable One way to do that is a proposal that pose, from a political standpoint, as that we do that so that we can be sure I put forth with Senator BREAUX. And a well as from a personal standpoint, to September 11, 1998 CONGRESSIONAL RECORD-SENATE 20059 immerse ourselves in the Starr report, So, Mr. President, while I did not in surpluses over the next 10 years. We we still have so much very serious, im­ come over here to speak on that, I just need to keep in mind that estimates portant work to do here, and I would be wanted to add my comments to those are just that-estimates. When you willing to suggest that we should come of the Senator from Pennsylvania, Mr. consider the fact in the last 60 days, back after the election if necessary to SPECTER. $1.9 trillion has been lost on the stock deal with some of these things. And I would also like to say that exchanges of this country, you tell me Having said that, let me say that the when I talk about the work we have how you would evaluate that study President will respond in time to the yet to do here, I am talking about that was made about 4 months ago that Starr report, I am sure. He is entitled issues of health care, I am talking we are going to have a $1.4 trillion sur­ to be heard. The American people are about issues of the environment, and I plus over the next 10 years. The surplus entitled to an objective, nonpartisan am talking about issues of education. I may hold up this year and we may get deliberation based on the facts. am not trying to make a comparison, a surplus next year, because an awful As a former trial lawyer, I have gone but what I am saying is that morality lot of people are bailing out of the mar­ before jurors who I had a sneaking sus­ is often like beauty, it is in the eye of ket. picion had made up their mind before I the beholder. But when we talk about a surplus, it got to make my opening statement. There has been an awful lot said has been said time and time and time And I can tell you, it is a very queasy about the President sacrificing his again on the floor of this Senate, it is feeling. I have tried cases when, in my moral authority. And I would simply not really a surplus. I don't know why own mind, I was satisfied that the jury remind people-and this is not intended in the name of God we keep calling it had made up its mind before the case to be defensive-! would simply remind a surplus when it isn't. But for the was tried, before they heard the evi­ people that allowing children to go sake of argument, because this is the dence, despite what we lawyers call without health care is immoral, too, in way we do it here, let's assume we will voir dire examination, where you ask this Senator's opinion. And abusing the have a $50 to $63 billion surplus this the jurors: " Do you have any pre­ only planet God gave us to sustain our­ year. But let me add this caveat: $100 conceived notions about this case?" All selves is also immoral. billion of that is the excess in the So­ of them said no. And I did not come to Probably next Tuesday, The Senate cial Security Trust Fund. You take the will debate a provision included in the Social Security excess out and we will that conclusion that they made up have a $40 to $50 billion deficit. their mind before they heard the evi­ Interior Appropriations bill that would Now, having set the stage for who­ dence just because I lost, it was based prevent the Secretary of Interior from ever may be listening to this argu­ on other things. being able to strengthen the environ­ ment, we are effectively looking this The American people have an inimi­ mental rules determining how the fall for a surplus, and every dime of it table, innate sense of fairness. The vast giant mining companies of this country will come from the Social Security majority of the people in this country will mine gold, silver and so on from Trust Fund. Then I pick up the paper want, expect, and have a right to know our public lands. Most people don't this morning and I see where there is a that this whole situation is going to be know it, but we mine gold through a move in the U.S. Senate to go ahead considered in a very dignified way in process called heap leach mining. And with a tax cut after all. I don't know accordance with the process. do you know what we use? Cyanide. I whether what I read this morning is This should not be-and I do not am not saying it is immoral to use cya­ true or not, but I have applauded our think it will be a political witch hunt. nide, but I am saying it is immoral to Budget Committee chairman in the And I want to compliment the people block regulations determining how you past because he has steadfastly been in the House whom I have watched in are going to use cyanide to keep it out opposed to tax cuts this year. But this the Rules Committee and in the Judici­ of rivers, streams and the underground morning I read that maybe he is about ary Committee, and the Speaker of the water supply. That is what the amend­ ready to sign off on an $80 billion tax House, in their admonitions to their ment on Tuesday will be about. cut. I want to say this: There is an un­ own Members about this being a very I put in the category of being im­ assailable argument that can be made, solemn, somber time in the history of moral to say the Secretary of the Inte­ that we are cutting taxes for some of this country and we must treat it with rior must wait and let somebody else the wealthiest people in America and it the seriousness it deserves. This is not do a study before he can protect the en­ is coming right out of the Social Secu­ one of those "let's give them a fair vironment. Last year, we had a hand­ rity Trust Fund. trial and string them up'' kind of hear­ shake deal on this subject-we agreed If you put $100 billion that we col­ ings. not to procrastinate and delay Interior lected in Social Security this year, in So as an English philosopher once Department regulations any longer. excess of what we paid out, if you take said, " There's nothing more utterly Now, this year we have to have the Na­ that surplus and take it off budget and impossible than undoing that which tional Academy of Sciences study it­ put it in the Trust Fund where it is has already been done." Whatever the postpone it for another 27 months. At supposed to be, you have a deficit. If President's sins, they have been done. the end of that, the mining industry you leave it in, you have a surplus. It So far as anybody much knows at the will probably want the National Orga­ is a phony surplus. And this tax cut present, the American people know nization of Women to study it. After will come out of the phony surplus, what those sins were, his indiscretions, that, they will want NASA to study it which means it is coming right out of what he described as "indefensible." -anything to keep from facing up to the Social Security Trust Fund. So the question before the House will despoiling the only planet we have to Now, I would not presume to give po­ be whether or not any or all of those sustain our children and grandchildren. litical advice to the people on the other things combined reach the threshold As I say, morality takes a lot of forms. side of the aisle, and I can tell you that that the Founders intended in the Con­ nobody ever lost a vote-normally­ stitution; and that is, we know it is not voting for a tax cut. In 1993, we lost treason and it is not bribery, and the TAX CUTS AND SAVING SOCIAL control of the Senate because we voted next question will be: Does it reach the SECURITY for a tax increase on the wealthiest of threshold of high crimes and mis­ Mr. BUMPERS. Mr. President, I also Americans which brought about our demeanors? wanted to discuss another matter of current economic prosperity and re­ The President has admitted, as far as significance. We are going to tech­ newed fiscal soundness. I said time and I know, virtually everything. So he has nically have a budget surplus this year. time again, if the Democrats had to bared his soul to the American people Nobody knows how much it will be. lose control of the Senate for casting a and pleaded for their forgiveness, as he The CBO has estimated the surplus will very courageous vote that brought this did this morning before a prayer break­ be somewhere between $50 and $63 bil­ country 7, 8 years of economic vi­ fast. lion. They have projected $1.4 trillion brancy, it was worth it. 20060 CONGRESSIONAL RECORD-SENATE September 11, 1998 I lost two of the dearest friends I had were only three Senators who voted daughter. Is this too much to ask? in the election of 1994 because they against the tax cuts and for the spend­ Even ear-piercing for minors requires voted for the 1993 budget bill. We have ing cuts, which would have balanced parental authorization, let alone this been benefiting from it ever since, and the budget in 1984; it was yours truly, most disturbing surgical procedure. we now find ourselves in this very Bill Bradley from New Jersey, and Abortion, I believe, is in a class by happy, euphoric state. Why cannot we FRITZ HOLLINGS from South Carolina. itself and is unlike any other medical enjoy and leave it alone? Why do we But 11 of us voted against that tax cut procedure, for both strikingly emo­ have to keep tinkering with it? If you and said you are going to get the def­ tional and physical reasons. There is don't want the Social Security Trust icit out of control. My precise words no other surgery like it, where the ob­ Fund to be a vibrant fund, something were: "It will be big enough to choke a ject is to terminate a developing that gives people who are in the work­ mule." You will find that in the CON­ human life, and the emotional reper­ force at the age of 25 or 30 some degree GRESSIONAL RECORD. And we did it. I cussions can be devastating. Women of assurance that it will be there for don't know whether we choked a mule who have experienced abortion are them, if you don't want to do that, say or not, but the consequences were abso­ haunted by the unspeakably weighty so. lutely horrendous, and remained hor­ consequences of lost life and the deep Mr. President, do you know that rendous until 1993 when we were look­ emotional conflicts this produces. Add under current estimates-and these es­ ing at $300 billion in annual deficits as to this terrible mix the factor of youth­ timates, as I say, are just what I say far as the eye could see. ful vulnerability and you invite ex­ they are; they depend on the economy So I am pleading with my colleagues treme emotional trauma. and they depend on a lot of things. But to think about it. My voice is not per­ Also, abortion can have unique phys­ the Social Security Administration es­ suasive on the other side of the aisle, ical consequences- rendering a young timates by the year 2020, the Social Se­ girl physically traumatized and even and I know that. It is very presump­ infertile from a bung·led operation. curity trust fund will have a $3.7 tril­ tuous of me to even make this speech, lion surplus. The only problem with Most alarmingly, some "absconding" and I don't intend to lecture. I am sim­ adults can exhibit the extremes of irre­ that is 12 years later it is bankrupt. If ply saying that despite what is going sponsibility and disregard for the phys­ we don't fix Social Security- we are on here in this traumatic time in the ical well-being of their " charges." not going to do it this year- if we don't history of this country, let's not com­ There are tragic examples of young get at it soon, and we allow ourselves pound that by making a terrible eco­ women who have been plied with alco­ to squander a $3.7 trillion trust fund, it nomic mistake. And, as I say, for some, hol, raped, impregnated, and then will be one of the most callous, irre­ in my opinion, it is a terrible political taken across State lines for secret sponsible acts ever taken by the U.S. mistake. abortions. Some of these cases are just Congress. I yield the floor. so horrific that one can't even really If you don't want it to go to the So­ Mr. BROWNBACK addressed the Chair. repeat them. cial Security Trust Fund, then you just The PRESIDING OFFICER (Mr. SEs- We simply don't want strangers tell your constituents you are not for a SIONS). The Senator from Kansas is rec­ interfering with this important paren­ tax cut; you want it to either stay in ognized. tal responsibility, which is already pro-:­ the Social Security Trust Fund or you tected by several States. We must want it to go on the national debt, honor the fact that parents have a which now stands at about $5.2 trillion. CHILD CUSTODY PROTECTION ACT- MOTION TO PROCEED unique legal status of in loco parentis, We still have a vibrant economy. which is a historic common law charge When you start taking money out of The Senate continued with the con­ to protect their child's well-being. the Social Security trust fund to fun­ sideration of the motion. Don't let this right be eroded by unfet­ nel into the economy, you have there­ Mr. BROWNBACK. What is the pend­ tered abortion activists with baseless mote chance of increasing inflation. ing business? constitutional law claims. To do other­ You increase inflation, you increase in­ The PRESIDING OFFICER. The wise is an assault against the precious terest rates. You increase interest pending business is the motion to pro­ institution of " family," which we prize rates, the buying of cars and houses ceed to the Child Custody Protection and which has been harmed and is a goes " kerplunk." Those are simple eco­ Act, S. 1645. fundamental foundation for our culture nomic principles. They are just as cer­ Mr. BROWNBACK. Mr. President, I and this society. tain to happen as the night following am a proud sponsor of the Child Cus­ Let's help, and not hinder, parents in the day. tody Protection Act, which makes it a their difficult and crucial job in an oth­ Why cannot we be grateful for our Federal offense to transport a minor erwise potentially disastrous situation. prosperity? Mr. President, I vented my across State lines to obtain an abor­ Let's not allow parental rights and spleen on one of my favorite subjects tion in circumvention of State parental family ties to be further eroded. Let's this morning, and that is that I think notification laws. Good laws, constitu­ support the wisdom of these 20-plus tinkering with the phony surplus in tionally-tested laws, have been enacted States which have already done the order to provide a tax cut is not only in over 20 States which require paren­ hard work of safeguarding unwed, preg­ bad economic policy, it is bad politics tal participation, or judicial involve­ nant children by requiring parental no­ for those who propose it. In 1981- I am ment, in a minor's abortion decision. tification. In short, let's support fam­ not sure I would have had the courage, Yet, these same laws are flagrantly ily values by passing this Child Cus­ except I had just been reelected, had 6 breached by nonfamily adults who se­ tody Protection Act. years in front of me to rectify what­ cretly transport young, pregnant girls Mr. President, this is a commonsense ever sins I committed- in 1981 , I stood in complete disregard of her parents' act. If you are going to allow-and we right here-! think I have been sitting knowledge or participation. I think have-parents to have the responsi­ at this desk for about 18 years-and I this is wrong, and I believe most par­ bility over a child in getting their ears made the point just before we voted ents would agree with me. pierced, my goodness, shouldn't we that if you passed Ronald Reagan's tax The Child Custody Protection Act is have the responsibility for a parent, or cuts and doubled defense spending, you really a family values bill which pre­ a court, to get involved if an abortion were not going to balance the budget in serves the parental right to oversee is going to take place across State 1984, you were going to create deficits their child's medical treatment of the lines? Shouldn't we honor these States big enough to choke a mule. most intrusive kind-namely, that of for their efforts in the devolution of There is nothing more fun for a poli­ abortion. This bill is about choosing· to power? Shouldn't we honor those 20 tician than to be able to say I told you support parents, rather than unrelated States that have decided to go dif­ so, so that is what I am saying. Eleven strangers, in their State-recognized ferently on this and require the paren­ Senators voted against that. There rig·ht to care for a vulnerable, at-risk tal notification to take place? This just September 11, 1998 CONGRESSIONAL RECORD-SENATE 20061 makes sense throughout our constitu­ 3150, and all after the enacting clause MESSAGES FROM THE PRESIDENT tional system, throughout our Federal be stricken, the text of S. 1301 be in­ Messages from the President of the system, and throughout our family sys­ serted, the bill be advanced to third United States were communicated to tem. The foundational unit of this Gov­ reading and passage occur, all without the Senate by Mr. Williams, one of his ernment is the family. We should not further action or debate. secretaries. further erode that responsibility. For I further ask that the Senate insist all those reasons, I urge my colleagues oil its amendment, request a con­ EXECUTIVE MESSAGES REFERRED to help and support in the passage of ference with the House, and the Chair As in executive session the :Presiding this Child Custody Protection Act. be authorized to appoint the following Officer laid before the Senate messages I yield the floor, and I suggest ab­ conferees on the part of the Senate. from the President of the United sence of a quorum. And they are Senators HATCH, GRASS­ States submitting sundry nominations The PRESIDING OFFICER. The LEY, SESSIONS, LEAHY, and DURBIN. which were referred to the appropriate clerk will call the roll. I further ask that the Senate proceed committees. The legislative clerk proceeded to to S. 1301, under the agreement, at a (The nominations received today are call the roll. time to be determined by the majority printed at the end of the Senate pro­ Mr. BYRD. Mr. President, I ask unan­ leader after consultation with the ceedings.) imous consent that the order for the Democratic leader. quorum call be rescinded. I further ask that during the consid­ MESSAGES FROM THE HOUSE The PRESIDING OFFICER. Without eration of S. 1301, but not before Tues­ objection, it is so ordered. day, September 15, the majority leader ENROLLED BILLS SIGNED Mr. BYRD. Mr. President, is the Sen­ be recognized to lay aside the pending At 12:11 p.m., a message from the ate in a period· for morning business at business and proceed to S. 1301 and House of Representatives, delivered by this time? Senator KENNEDY be recognized to offer Mr. Hays, one of its reading clerks, an­ The PRESIDING OFFICER. The Sen­ his second-degree amendment relative nounced that the Speaker has signed ate is on a motion to proceed on which to the minimum wage and there be 2 the following enrolled bills: cloture has been invoked. hours equally divided prior to the mo­ S. 1683. An act to transfer administrative Mr. BYRD. Mr. President, I ask unan­ tion to table and no further amend­ jurisdiction over part of the Lake Chelan Na­ imous consent that I may be permitted tional Recreation Area from the Secretary of ments be in order to the motion to the Interior to the Secretary of Agriculture to speak out of order no longer than 15 table. for inclusion in the Wenatchee National For­ minutes. I further ask that if the amendment est. The PRESIDING OFFICER. Without is not tabled, this agreement be null S. 1883. An act to direct the Secretary of objection, it is so ordered. and void. the Interior to convey the Marion National Mr. BYRD. Mr. President, I thank The PRESIDING OFFICER. Without Fish Hatchery and the Claude Harris Na­ the Chair. objection, it is so ordered. tional Aquacultural Research Center to the The PRESIDING OFFICER. The Sen­ Mr. LOTT. Mr. President, I read the State of Alabama, and for other purposes. ator from West Virginia is recognized. list of amendments now that would be The enrolled bills were signed subse­ Mr. BYRD. I thank the Chair. in order to the bankruptcy bill: Ken­ quently by the President pro tempore Mr. President, let me say at this nedy amendment regarding minimum (Mr. THURMOND) point that if the distinguished major­ wage; Durbin, relevant. It has to do ity leader wishes to interrupt me at with the definition of residence and ENROLLED BILLS PRESENTED any point to offer a unanimous consent cramdown and nondischarge; Sarbanes request, I will certainly be happy to ac­ amendment regarding 800 solicitations; The Secretary of the Senate reported commodate him. Feinstein amendment regarding credit­ that on September 11, 1998, he had pre­ Mr. President, I ask unanimous con­ worthiness; two Dodd amendments, one sented to the President of the United sent that I may yield to the distin­ having to do with under 21-year-olds States, the following enrolled bills: guished majority leader for whatever and one having to do with education S. 1683. An act to transfer administrative time he may desire, and that I may savings accounts; Feingold amend­ jurisdiction over part of the Lake Chelan Na­ then be recognized with my present ments regarding filing fees and attor­ tional Recreation Area from the Secretary of rights to the floor. ney's fees; two relevant amendments the Interior to the Secretary of Agriculture The PRESIDING OFFICER. Without for inclusion in the Wenatchee National For­ by Senator REED; one relevant amend­ est. objection, it is so ordered. ment for Senator DURBIN; Senator S. 1883. An act to direct the Secretary of Mr. LOTT. Mr. President, I thank the GRAMM, one relevant amendment; the Interior to convey the Marion National distinguished Senator from West Vir­ Hatch amendments, one IP and one rel­ Fish Hatchery and the Claude Harris Na­ ginia for yielding. evant; Senator GRASSLEY, a relevant tional Aquacultural Research Center to the amendment; Senator BROWNBACK, a rel­ State of Alabama, and for other purposes. UNANIMOUS CONSENT evant amendment; Senator D' AMATO, AGREEMENT- S. 1301 regarding ATM fees; Senator GRASS­ EXECUTIVE AND OTHER LEY's managers' amendment to be COMMUNICATIONS Mr. LOTT. Mr. President, let me say, agreed upon by the two leaders and first, that this agreement has been managers; one Lott, relevant; one The following communications were worked out. I appreciate the coopera­ Daschle, relevant; one Harkin regard­ laid before the Senate, together with tion of all Senators with regard to ing interest rates; Senator KOHL, accompanying papers, reports, and doc­ bankruptcy, and I think it is fair and homestead extension; and one relevant uments, which were referred as indi­ everybody is comfortable with it. by Senator JOHNSON. cated: I ask unanimous consent that the EC-6830. A communication from the Sec­ cloture vote scheduled today be viti­ retary of Transportation, transmitting, pur­ ated. suant to law, a report on the Transition to I further ask that the following MORNING BUSINESS Quieter Airplanes; to the Committee on amendments be the only second-degree Mr. LOTT. Mr. President, I ask unan­ Commerce, Science, and Transportation. amendments in order, and following imous consent that there be a period EC-6831. A communication from the Assist­ the conclusion of the listed amend­ ant Secretary for Export Administration, for the transaction of morning business Department of Commerce, transmitting, pur:. ments the Senate proceed immediately with Senators permitted to speak for suant to law, the report of a rule entitled to a vote on the committee substitute, up to 10 minutes each. "Revisions to the Export Administration as amended, and the Senate then pro­ The PRESIDING OFFICER. Without Regulations; Shipper's Export Declaration ceed to the House companion bill, H.R. objection, it is so ordered. Requirements for Exports Valued Less Than 20062 CONGRESSIONAL RECORD-SENATE September 11, 1998 $2,500" (RIN0694-AB71) received on Sep­ ance Evaluation and Records Management, port of a rule entitled " Revision of Class E tember 2, 1998; to the Committee on Com­ Federal Communications Commission, trans­ Airspace, San Diego, North Island NAS, CA" merce, Science, and Transportation. mitting, pursuant to law, the report of a rule (Docket 98-A WP-20) received on September EC-6832. A communication from the Acting entitled " Proposals to Reform the Commis­ 7, 1998; to the Committee on Commerce, Deputy Assistant Administrator for Ocean sion's Comparative Hearing Process to Expe­ Science, and Transportation. Services and Coastal Zone Management, Na­ dite the Resolution of Cases" (Docket 97-234) EC-6849. A communication from the Gen­ tional Oceanic and Atmospheric Administra­ received on August 28, 1998; to the Com­ eral Counsel of the Department of Transpor­ tion, Department of Commerce, transmit­ mittee on Commerce, Science, and Transpor­ tation, transmitting, pursuant to law, there­ ting, pursuant to law, the report of a rule en­ tation. port of a rule entitled " Standard Instrument titled "Financial Assistance for a National EC-6840. A communication from the Acting Approach Procedures; Miscellaneous Amend­ Ocean Service Intern Program" (RIN0648- Associate Managing Director for Perform­ ments" (Docket 29316) received on September ZA46) received on September 2, 1998; to the ance Evaluation and Records Management, 7, 1998; to the Committee on Commerce, Committee on Commerce, Science, and Federal Communications Commission, trans­ Science, and Transportation. Transportation. mitting, pursuant to law, the report of a rule EC--6850. A communication from the Gen­ EC-6833. A communication from the Direc­ entitled " Examination of Current Policy eral Counsel of the Department of Transpor­ tor of the Office of Sustainable Fisheries, Concerning the Treatment of Confidential tation, transmitting, pursuant to law, there­ National Oceanic and Atmospheric Adminis- · Information Submitted to the Commission" port of a rule entitled " Standard Instrument tration, Department of Commerce, transmit­ (Docket 96-55) received on September 2, 1998; Approach Procedures; Miscellaneous Amend­ ting, pursuant to law, the report of a rule en­ to the Committee on Commerce, Science, ments" (Docket 29315) received on September titled " Fisheries of the Economic Exclusive and Transportation. 7, 1998; to the Committee on Commerce, Zone Off Alaska; Groundfish Fisheries by EC-6841. A communication from the Chair­ Science, and Transportation. Vessels Using Hook-and-Line Gear in the man of the Surface Transportation Board, EC-6851. A communication from the Gen­ Gulf of Alaska" (l.D. 081498D) received on transmitting, pursuant to law, the report of eral Counsel of the Department of Transpor­ September 2, 1998; to the Committee on Com­ a rule entitled " Revisions to Regulations tation, transmitting, pursuant to law, there­ merce, Science, and Transportation. Governing Finance Applications Involving port of a rule entitled "Improved Standards EC-6834. A communication from the Direc­ Motor Passenger Carriers" (No. 559) received for Determining Rejected Takeoff and Land­ tor of the Office of Sustainable Fisheries, on September 9, 1998; to the Committee on ing Performance" (Docket 25471) received on National Oceanic and Atmospheric Adminis­ Commerce, Science, and Transportation. September 7, 1998; to the Committee on Com­ tration, Department of Commerce, transmit­ EC-6842. A communication from the Sec­ merce, Science, and Transportation. ting, pursuant to law, the report of a rule en­ retary of the Federal Trade Commission, EC--6852. A communication from the Gen­ titled " Fisheries of the Caribbean, Gulf of transmitting, pursuant to law, the report of eral Counsel of the Department of Transpor­ Mexico, and South Atlantic; Coastal Migra­ a rule regarding energy consumption and tation, transmitting, pursuant to law, there­ tory Pelagic Resources of the Gulf of Mexico water use of certain home appliances and port of a rule entitled "Revocation of Class and South Atlantic; Closure" (l.D. 081898B) other products required under The Energy D and E Airspace; Crows Landing, CA" received on September 2, 1998; to the Com­ Policy and Conservation Act received on (Docket 98-AWP-12) received on September mittee on Commerce, Science, and Transpor­ September 7, 1998; to the Committee on Com­ 7, 1998; to the Committee on Commerce, tation. merce, Science, and Transportation. Science, and Transportation. EC-6843. A communication from the Gen­ EC-6853. A communication from the Gen­ EC-6835. A communication from the Direc­ eral Counsel of the Department of Transpor­ tor of the Office of Sustainable Fisheries, eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ National Oceanic and Atmospheric Adminis­ tation, transmitting, pursuant to law, there­ port of a rule entitled " Establishment of tration, Department of Commerce, transmit­ port of a rule entitled " Safety Zone; Toward Class E Airspace; Collegeville, PA" (Docket ting, pursuant to law, the report of a rule en­ a Better Life Fireworks Display, Dorchester 98-AEA--06) received on September 7~ 1998; to titled " Fisheries Off West Coast States and Bay, Boston, MA" (Docket 01- 98- 131) re­ ceived on September 7, 1998; to the Com­ the Committee on Commerce, Science, and in the Western Pacific; Pacific Coast Transportation. Groundfish Fishery; Fixed Gear Sablefish mittee on Commerce, Science, and Transpor­ EC--6854. A communication from the Gen­ Mop-Up" (l.D. 081998B) received on Sep­ tation. eral Counsel of the Department of Transpor­ tember 2, 1998; to the Committee on Com­ EC-6844. A communication from the Gen­ tation, transmitting, pursuant to law, there­ merce, Science, and Transportation. eral Counsel of the Department of Transpor­ port of a rule entitled "Establishment of EC-6836. A communication from the Direc­ tation, transmitting, pursuant to law, there­ Class E Airspace; Grand Chenier, LA" (Dock­ tor of the Office of Sustainable Fisheries, port of a rule entitled " Regulated Naviga­ et 98-ASW- 26) received on September 7, 1998; National Oceanic and Atmospheric Adminis­ tion Area: Copper Canyon, Lake Havasu, Col­ to the Committee on Commerce, Science, tration, Department of Commerce, transmit­ orado River; Correction" (Docket 11-97--010) and Transportation. ting, pursuant to law, the report of a rule en­ received on September 7, 1998; to the Com­ EC-6855. A communication from the Gen­ titled " Fisheries of the Northeastern United mittee on Commerce, Science, and Transpor­ eral Counsel of the Department of Transpor­ States; Atlantic Mackerel, Squid, and tation. tation, transmitting, pursuant to law, there­ Butterfish Fisheries; Closure of Directed EC-6845. A communication from the Gen­ port of a rule entitled " Revision of Class E Fishery for Illex Squid" (l.D. 082098A) re­ eral Counsel of the Department of Transpor­ Airspace; Leeville, LA" (Docket 98-ASW-27) ceived on September 2, 1998; to the Com­ tation, transmitting, pursuant to law, there­ received on September 7, 1998; to the Com­ mittee on Commerce, Science, and Transpor­ port of a rule entitled "Airworthiness Direc­ mittee on Commerce, Science, and Transpor­ tation. tives; Eurocopter France Model SA.315B, tation. EC-6837. A communication from the Dep­ SA.316B, SA.316C, SA.319B, and SE.3160 Heli­ EC--6856. A communication from the Gen­ uty Assistant Administrator for Fisheries, copters" (Docket 98-SW-23-AD) received on eral Counsel of the Department of Transpor­ National Oceanic and Atmospheric Adminis­ September 7, 1998; to the Committee on Com­ tation, transmitting, pursuant to law, there­ tration, Department of Commerce, transmit­ merce, Science, and Transportation. port of a rule entitled "Revision of Class E ting, pursuant to law, the report of a rule en­ EC-6846. A communication from the Gen­ Airspace; Intracoastal City, LA" (Docket 98- titled " Fisheries of the Caribbean, Gulf of eral Counsel of the Department of Transpor­ ASW- 24) received on September 7, 1998; to Mexico, and South Atlantic; Reef Fish Fish­ tation, transmitting, pursuant to law, there­ the Committee on Commerce, Science, and ery of the Gulf of Mexico; Red Snapper Man­ port of a rule entitled "Airworthiness Direc­ Transportation. agement Measures and Closure of the Rec­ tives; General Electric Company CF6-6 Se­ EC-6857. A communication from the Gen­ reational Fishery" (l.D. 081898A) received on ries Turbofan Engines" (Docket 98-ANE-18- eral Counsel of the Department of Transpor­ September 2, 1998; to the Committee on Com­ AD) received on September 7, 1998; to the tation, transmitting, pursuant to law, there­ merce, Science, and Transportation. Committee on Commerce, Science, and port of a rule entitled "Revision of Class E EC-6838. A communication from the Assist­ Transportation. Airspace; Venice, LA" (Docket 98-ASW-25) ant Secretary for Legislative Affairs, De­ EC-6847. A communication from the Gen­ received on September 7, 1998; to the Com­ partment of State, transmitting, pursuant to eral Counsel of the Department of Transpor­ mittee on Commerce, Science, and Transpor­ law, the report of a rule entitled "Revised tation, transmitting, pursuant to law, there­ tation. Notice of Guidelines for Determining Com­ port of a rule entitled "Revocation of Class EC-6858. A communication from the Gen­ parability of Foreign Programs for the Pro­ D Airspace; Tustin MCAS, CA" (Docket 98- eral Counsel of the Department of Transpor­ tection of Sea Turtles in Shrimp Trawl Fish­ APW-19) received on September 7, 1998; to tation, transmitting, pursuant to law, there­ ing Operations" (Notice 2876) received on the Committee on Commerce, Science, and port of a rule entitled "Revision of Class E September 2, 1998; to the Committee on Com­ Transportation. Airspace; Sabine Pass, TX" (Docket 98-ASW- merce, Science, and Transportation. EC-6848. A communication from the Gen­ 28) received on September 7, 1998; to the EC-6839. A communication from the Acting eral Counsel of the Department of Transpor­ Committee on Commerce, Science, and Associate Managing Director for Perform- tation, transmitting, pursuant to law, there- Transportation. September 11, 1998 CONGRESSIONAL RECORD-SENATE 20063 EC--6859. A communication from the Gen­ tation, transmitting, pursuant to law, the re­ tation, transmitting, pursuant to law, there­ eral Counsel of the Department of Transpor­ port of a rule entitled "Airworthiness Direc­ port of a rule entitled "Airworthiness Direc­ tation, transmitting, pursuant to law, there­ tives; Aerospatiale Model SN-601 (Corvette) tives; Allison Engine Company Model 250- port of a rule entitled "Revision of Class E Series Airplanes" (Docket 98-NM-158-AD) re­ C47B Turboshaft Engines" (Docket 97-ANE- Airspace; Grand Isle, LA" (Docket 98-ASW- ceived on September 7, 1998; to the Com­ 40-AD) received on September 7, 1998; to the 29) received on September 7, 1998; to the mittee on Commerce, Science, and Transpor­ Committee on Commerce, Science, and Committee on Commerce, Science, and tation. Transportation. Transportation. EC-6870. A communication from the Gen­ EC-6880. A communication from the Gen­ EC--6860. A communication from the Gen­ eral Counsel of the Department of Transpor­ eral Counsel of the Department of Transpor­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ tation, transmitting, pursuant to law, there­ tation, transmitting, pursuant to law, there­ port of a rule entitled "Amendment to Class port of a rule entitled "Airworthiness Direc­ port of a rule entitled "Airworthiness Direc­ E Airspace; Danville, VA" (Docket 98-AEA- tives; Pratt and Whitney JT8D Series Tur­ tives; Schempp-Hirth K.G. Model Cirrus Sail­ 12) received on September 7, 1998; to the bofan Engines" (Docket 97-ANE-05) received planes" (Docket 98-CE-51-AD) received on Committee on Commerce, Science, and on September 7, 1998; to the Committee on September 7, 1998; to the Committee on Com­ Transportation. Commerce, Science, and Transportation. merce, Science, and Transportation. EC-6871. A communication from the Gen­ EC-6881. A communication from the Gen­ EC-6861. A communication from the Gen­ eral Counsel of the Department of Transpor­ eral Counsel of the Department of Transpor­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ tation, transmitting, pursuant to law, there­ tation, transmitting, pursuant to law, there­ port of a rule entitled "Establishment of port of a rule entitled "Airworthiness Direc­ port of a rule entitled "Airworthiness Direc­ Class E Airspace; Tidioute, PA" (Docket 98- tives; Dornier Model 328- 100 Series Air­ tives; Airbus Industria Model A300-600 Series AEA-05) received on September 7, 1998; to the planes" (Docket 98-NM-54-AD) received on Airplanes" (Docket 95--NM-200-AD) received Committee on Commerce, Science, and September 7, 1998; to the Committee on Com­ on September 7, 1998; to the Committee on Transportation. merce, Science, and Transportation. EC--6872. A communication from the Gen­ Commerce, Science, and Transportation. EC--6882. A communication from the Gen­ EC-6862. A communication from the Gen­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ eral Counsel of the Department of Transpor­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ tation, transmitting, pursuant to law, there­ port of a rule entitled "Establishment of Class E Airspace; Fairfax, VA" (Docket 98- port of a rule entitled "Airworthiness Direc­ port of a rule entitled "Railroad Commu­ tives; Aeromot-Industria Mecanico nications" (RIN2130-AB19) received on Sep­ AEA-13) received on September 7, 1998; to the Committee on Commerce, Science, and Metalurgica Ltda. Model AMT-200 Powered tember 7, 1998; to the Committee on Com­ Gliders" (Docket 98-CE-27-AD) received on merce, Science, and Transportation. Transportation. EC-6873. A communication from the Gen­ September 7, 1998; to the Committee on Com­ EC--6863. A communication from the Gen­ merce, Science, and Transportation. eral Counsel of the Department of Transpor­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ EC-6883. A communication from the Gen­ tation, transmitting, pursuant to law, there­ eral Counsel of the Department of Transpor­ port of a rule entitled "Drawbridge Oper­ port of a rule entitled "Establishment of Class E Airspace; Carlisle, PA" (Docket 98- tation, transmitting, pursuant to law, there­ ation Regulation; Victoria Channel, TX" port of a rule entitled "Airworthiness Direc­ (Docket 08-98--049) received on September 7, AEA-11) received on September 7, 1998; to the Committee on Commerce, Science, and tives; Construcciones Aeronauticas, S.A. 1998; to the Committee on Commerce, (CASA) Model CN- 235 Series Airplanes" Science, and Transportation. Transporta t'ion. EC--6874. A communication from the Gen­ (Docket 97-NM-331~AD) received on Sep­ EC-6864. A communication from the Gen­ eral Counsel of the Department of Transpor­ tember 7, 1998; to the Committee on Com­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ merce, Science, and Transportation. tation, transmitting, pursuant to law, there­ port of a r~le entitled "Airworthiness Direc­ EC-6884. A communication from the Gen­ port of a rule entitled "Drawbridge Oper­ tives; Bombardier Inc. Model Otter DHC-3 eral Counsel of the Department of Transpor­ ation Regulation; Lafourche Bayou, LA" Airplanes" (Docket 97-CE-120-AD) received tation, transmitting, pursuant to law, there­ (Docket 08-98--052) received on September 7, on September 7, 1998; to the Committee on port of a rule entitled "Airworthiness Direc­ 1998; to the Committee on Commerce, Commerce, Science, and Transportation. tives; Bombardier Model CL-600-2B16 Series Science, and Transportation. EC--6875. A communication from the Gen­ Airplanes" (Docket 98-NM-21-AD) received EC-6865. A communication from the Gen­ eral Counsel of the Department of Transpor­ on September 7, 1998; to the Committee on eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ Commerce, Science, and Transportation. tation, transmitting, pursuant to law, there­ port of a rule entitled "Airworthiness Direc­ port of a rule entitled "Special Local Regu­ EC--6885. A communication from the Gen­ tives; Alexander Schleicher Segelfugzeugbau eral Counsel of the Department of Transpor­ lations; 1998 Busch Beer Drag Boat Classic; Models K 8 and K 8 B Sailplanes" (Docket 98- Kaskaskia River Mile 28.0-29.0, New Athens, tation, transmitting, pursuant to law, there­ CE-02-AD) received on September 7, 1998; to port of a rule entitled " Modification of Mul­ Illinois" (Docket 08-98-054) received on Sep­ the Committee on Commerce, Science, and tember 7, 1998; to the Committee on Com­ tiple Federal Airways, Jet Routes, and Re­ Transportation. porting Points; FL" (Docket 98-ASOo-20) re­ merce, Science, and Transportation. EC-6876. A communication from the Gen­ EC-6866. A communication from the Gen­ ceived on September 7, 1998; to the Com­ eral Counsel of the Department of Transpor­ mittee on Commerce, Science, and Transpor­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ tation, transmitting, pursuant to law, there­ tation. port of a rule entitled "Airworthiness Direc­ EC-6886. A communication from the Gen­ port of a rule entitled "Safety Zone; Around tives; Pilatus Britten-Norman Ltd. BN-2, Alone 98/99 Fireworks, Custom House Reach, eral Counsel of the Department of Transpor­ BN-2A, BN-2B, and BN-2A MK. 111 Series tation, transmitting, pursuant to law, there­ Charleston, SC (COTP Charleston 98-053)" re­ Airplanes" (Docket 97-CE-111-AD) received ceived on September 7, 1998; to the Com­ port of a rule entitled "Revocation, Modi­ on September 7, 1998; to the Committee on fication of Class E Airspace Areas; Cedar mittee on Commerce, Science, and Transpor­ Commerce, Science, and Transportation. tation. EC--6877. A communication from the Gen­ Rapids, IA; Correction" (Docket 97-ACE-34) EC--6867. A communication from the Gen­ eral Counsel of the Department of Transpor­ received on September 7, 1998; to the Com­ eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ mittee on Commerce, Science, and Transpor­ tation, transmitting, pursuant to law, there­ port of a rule entitled "Airworthiness Direc­ tation. port of a rule entitled "Safety Zone; tives; McDonnell Douglas Model MD-90-30 EC-6887. A communication from the Gen­ Gloucester Schooner Festival Fireworks Dis­ Series Airplanes".(Docket 98-NM-255-AD) re­ eral. Counsel of the Department of Transpor­ play, Gloucester Harbor, Gloucester, MA" ceived on September 7, 1998; to the Com­ tation, transmitting, pursuant to law, there­ (Docket 01-98-130) received on September 7, mittee on Commerce, Science, and Transpor­ port of a rule entitled "Amendment to Class 1998; to the Committee on Commerce, tation. E Airspace; Columbus NE; Correction" Science, and Transportation. EC-6878. A communication from the Gen­ (Docket 97-ACE-32) received on September 7, EC-6868. A communication from the Gen­ eral Counsel of the Department of Transpor­ 1998; to the Committee on Commerce, eral Counsel of the Department of Transpor­ tation, transmitting, pursuant to law, there­ Science, and Transportation. tation, transmitting, pursuant to law, there­ port of a rule entitled " Airworthiness Direc­ EC--6888. A communication from the Gen­ port of a rule entitled " Uniform Criteria for tives; British Aerospace Model Viscount 744, eral Counsel of the Department of Transpor­ State Observational Surveys of Seat Belt 745, 745D, and 810 Series Airplanes" (Docket tation, transmitting, pursuant to law, there­ Use" (RIN2127-AH46) received on September 97-NM--321-AD) received on September 7, port of a rule entitled "Modification of Class 7, 1998; to the Committee on Commerce, 1998; to the Committee on Commerce, E Airspace; Lawrenceville, IL" (Docket 98- Science, and Transportation. Science, and Transportation. AGL-2) received on September 7, 1998; to the EC-6869. A communication from the Gen­ EC--6879. A communication from the Gen­ Committee on Commerce, Science, and eral Counsel of the Department of Transpor- eral Counsel o~ the Department of Transpor- Transportation. 20064 CONGRESSIONAL RECORD-SENATE September 11, 1998 EC-6889. A communication from the Gen­ EC-6899. A communication from the Direc­ 95C-0399) received on September 10, 1998; to eral Counsel of the Department of Transpor­ tor of the Office of Management and Budget, the Committee on Labor and Human Re­ tation, transmitting, pursuant to law, there­ Executive Office of the President, transmit­ sources. port of a rule entitled " Remove Class E Air­ ting, pursuant to law, reports on direct EC-6909. A communication from the Dep­ space and Establish Class E Airspace; spending and receipts legislation within uty Executive Director and Chief Operating Springfield, MO" (Docket 98-ACE-20) re­ seven days of enactment (Reports 456-460); to Officer, Pension Benefit Guaranty Corpora­ ceived on September 7, 1998; to the Com­ the Committee on the Budget. tion, transmitting, pursuant to law, the re­ mittee on Commerce, Science, and Transpor­ EC-6900. A communication from the Direc­ port of a rule entitled "Allocation of Assets tation. tor of the Fish and Wildlife Service, Depart­ in Single-Employer Plans; Interest Assump­ EC-6890. A communication from the Gen­ ment of the Interior, transmitting, pursuant tions for Valuing Benefits" received on Sep­ eral Counsel of the Department of Transpor­ to law, the report of a rule entitled " Endan­ tember 10, 1998; to the Committee on Labor tation, transmitting, pursuant to law, there­ gered and Threatened Wildlife and Plants; and Human Resources. port of a rule entitled " Revision of Class E Final Rule to Determine Endangered or EC-6910. A communication from the Acting Airspace; Dallas-Fort Worth, TX" (Docket Threatened Status for Six Plants From the Clerk of the United States Court of Federal 98- ASW-42) received on September 7, 1998; to Mountains of Southern California" (RIN1018- Claims, transmitting, pursuant to law, the the Committee on Commerce, Science, and AD34) received on September 9, 1998; to the Report of the Review Panel and the Report Transportation. Committee on Environment and Public of the Hearing Officer with respect to the EC-6891. A communication from the Gen­ Works. case of Banfi Products Corp. V. United eral Counsel of the Department of Transpor­ EC-6901. A communication from the Direc­ States; to the Committee on the Judiciary. tation, transmitting, pursuant to law, there­ tor of the Fish and Wildlife Service, Depart­ EC-6911. A communication from the Acting port of a rule entitled " Alteration of VOR ment of the Interior, transmitting, pursuant Assistant Secretary of Defense for Reserve Federal Airways; WA" (Docket 97-ANM-23) to law, the report of a rule entitled " Endan­ Affairs, transmitting, pursuant to law, no­ received on September 7, 1998; to the Com­ gered and Threatened Wildlife and Plants; tice that the Department's report of a plan mittee on Commerce, Science, and Transpor­ Determination of Threatened Status for to ensure that all military technical posi­ tation. Four Plants From the Foothills of the Sierra tions are held by dual status military techni­ EC-6892. A communication from the Gen­ Nevada Mountains in California" (RIN1018- cians will not be finalized before January eral Counsel of the Department of Transpor­ AC99) received on September 9, 1998; to the 1999; to the Committee on Armed Services. tation, transmitting, pursuant to law, there­ Committee on Environment and Public EC-6912. A communication from the Prin­ port of a rule entitled " Establishment of Works. cipal Deputy to the Under Secretary for Ac­ Class E Airspace; Willits, CA" (Docket 96-­ EC-6902. A communication from the Direc­ quisition and Technology, Department of De­ A WP-26) received on September 7, 1998; to tor of the Office of Regulatory Management fense, transmitting, pursuant to law, the De­ the Committee on Commerce, Science, and and Information, Environmental Protection partment's report entitled "Defense Environ­ Transportation. Agency, transmitting, pursuant to law, the mental Quality Program Annual Report to EC-6893. A communication from the Gen­ report of a rule entitled " Bacillus Congress for Fiscal Year 1997"; to the Com­ eral Counsel of the Department of Transpor­ Sphaericus; Exemption From the Require­ mittee on Armed Services. tation, transmitting, pursuant to law, there­ ment of a Tolerance" (FRL6024-2) received EC-6913. A communication from the Direc­ port of a rule entitled "Airworthiness Direc­ on September 7, 1998; to the Committee on tor of Washington Headquarters Services, tives; Saab Model SAAB 340B Series Air­ Environment and Public Works. Department of Defense, transmitting, pursu­ planes" (Docket 98-NM-49-AD) received on EC-6903. A communication from the Direc­ ant to law, the report of a rule entitled " Ci­ September 7, 1998; to the Committee on Com­ tor of the Office of Regulatory Management vilian Health and Medical Program of the merce, Science, and Transportation. and Information, Environmental Protection Uniformed Services (CHAMPUS); TRICARE EC-6894. A communication from the Gen­ Agency, transmitting, pursuant to law, the Program; Reimbursement" (RIN0720-AA37) eral Counsel of the Department of Transpor­ report of a rule entitled " Cypermethrin; Pes­ received on September 10, 1998; to the Com­ tation, transmitting, pursuant to law, there­ ticide Tolerance" (RIN2070-AB78) received on mittee on Armed Services. port of a rule entitled "Airworthiness Direc­ September 7, 1998; to the Committee on Envi­ EC-6914. A communication from the Ad­ tives; British Aerospace Jetstream Model ronment and Public Works. ministrator of the Agricultural Marketing 3101 Airplanes" (Docket 98-CE-54-AD) re­ EC-6904. A communication from the Direc­ Service, Department of Agriculture, trans­ ceived on September 7, 1998; to the Com­ tor of the Office of Regulatory Management mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor­ and Information, Environmental Protection entitled "Kiwifruit Grown in California; Re­ tation. Agency, transmitting, pursuant to law, the laxation of Pack Requirements" (Docket EC-6895. A communication from the Gen­ report of a rule entitled "Esfenvalerate; Pes­ FV98-920-4 IFR) received on September 10, eral Counsel of the Department of Transpor­ ticide Tolerance" (FRL6026-5) received on 1998; to the Committee on Agriculture, Nu­ tation, transmitting, pursuant to law, there­ September 7, 1998; to the Committee on Envi­ trition, and Forestry. port of a rule entitled "Airworthiness Direc­ ronment and Public Works. EC-6915. A communication from the Ad­ tives; Glaser-Dirks Flugzeubau GmbH Model EC-6905. A communication from the Direc­ ministrator of the Agricultural Marketing DG-500M Gliders" (Docket 98-CE-31-AD) re­ tor of the Office of Regulatory Management Service, Department of Agriculture, trans­ ceived on September 7, 1998; to the Com­ and Information, Environmental Protection mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor­ Agency, transmitting, pursuant to law, the entitled " Milk in the Southwest Plains Mar­ tation. report of a rule entitled " Metolachlor; Pes­ keting Area; Suspension of Certain Provi­ EC-6896. A communication from the Gen­ ticide Tolerances for Emergency Exemp­ sions of the Order" (Docket DA- 98-08) re­ eral Counsel of the Department of Transpor­ tions" (FRL6017-9) received on September 7, ceived on September 10, 1998; to the Com-. tation, transmitting, pursuant to law, there­ 1998; to the Committee on Environment and mittee on Agriculture, Nutrition, and For­ port of a rule entitled " Airworthiness Direc­ Public Works. estry. tives; McDonnell Douglas Model MD-90-30 EC-6906. A communication from the Direc­ EC-6916. A communication from the Ad­ Series Airplanes" (Docket 98-NM- 136-AD) re­ tor of the Office of Regulatory Management ministrator of the Agricultural Marketing ceived on September 7, 1998; to the Com­ and Information, Environmental Protection Service, Department of Agriculture, trans­ mittee on Commerce, Science, and Transpor­ Agency, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule tation. report of a rule entitled " Sulfosate; Pes­ entitled " Oranges, Grapefruit, Tangerines, EC-6897. A communication from the Acting ticide Tolerance" (FRL6026-6) received on and Tangelos Grown in Florida; Increased Assistant Attorney General, Department of September 7, 1998; to the Committee on Envi­ Assessment Rate" (Docket FV98-905--3 FR) Justice, transmitting, pursuant to law, the ronment and Public Works. received on September 10, 1998; to the Com­ Department's report under the Equal Credit EC-6907. A communication from the Sec­ mittee on Agriculture, Nutrition, and For­ Opportunity Act for the calendar years 1996 retary of Labor, transmitting, the official re­ estry. and 1997; to the Committee on Banking, port of the National Summit on Retirement EC-6917. A communication from the Ad­ Housing, and Urban Affairs. Savings; to the Committee on Labor and ministrator of the Agricultural Marketing EC-6898. A communication from the Assist­ Human Resources. Service, Department of Agriculture, trans­ ant Secretary for Legislative Affairs, De­ EC-6908. A communication from the Direc­ mitting, pursuant to law, the report of a rule partment of State, transmitting, pursuant to tor of the Regulations Policy and Manage­ entitled " Fluid Milk Promotion Order; law, the report of a proposed license for the ment Staff, Food and Drug Administration, Amendments to the Order" (Docket DA-98- export of technical data and defense services Department of Health and Human Services, 04) received on September 10, 1998; to the to Germany for the development of the transmitting, pursuant to law, the report of Committee on Agriculture, Nutrition, and Teledesic Satellite System (DTC 38-98) re­ a rule entitled " Listing of Color Additives Forestry. ceived on September 9, 1998; to the Com­ for Coloring Sutures; D and C Violet No. 2; EC-6918. A communication from the Ad­ mittee on Foreign Relations. Confirmation of Effective Date" (Docket ministrator of the Agricultural Marketing September 11, 1998 CONGRESSIONAL RECORD-SENATE 20065 Service, Department of Agriculture, trans­ bia, transmitting, pursuant to law, a report Works, to the Committee on Finance, to the mitting, pursuant to law, the report of a rule of District of Columbia Act 12-434 dated July Committee on Foreign Relations, to the entitled "Fresh Prunes Grown in Designated 7, 1998; to the Committee on Governmental Committee on Governmental Affairs, to the Counties in Washington and Umatilla Coun­ Affairs. Committee on the Judiciary, to the Com­ ty, Oregon; Increased Assessment Rate" EC-6931. A communication from the Acting mittee on Labor and Human Resources, to (Docket FV98-924-1 FR) received on Sep­ Director of the Office of Sustainable Fish­ the Committee on Small Business, to the tember 10, 1998; to the Committee on Agri­ eries, National Oceanic and Atmospheric Ad­ Committee on Veterans' Affairs, to the Se­ culture, Nutrition, and Forestry. ministration, Department of Commerce, lect Committee on Intelligence, to the Com­ EC-6919. A communication from the Fed­ transmitting, pursuant to law, the report of mittee on Rules and Administration, and to eral Register Certifying Officer, Financial a rule entitled "Fisheries of the Exclusive the Committee on Indian Affairs. Management Service, Department of the Economic Zone Off Alaska; Pollock in Sta­ EC-6938. A communication from the Dep­ Treasury, transmitting, pursuant to law, the tistical Area 610 of the Gulf of Alaska" (I.D. uty Associate Director for Royalty Manage­ report of a rule entitled "Offset of Federal 090298A) received on September 10, 1998; to ment, Minerals Management Service, De­ Benefit Payments to Collect Past-due, Le­ the Committee on Commerce, Science, and partment of the Interior, transmitting, pur­ gally Enforceable Nontax Debt" (RIN1510- Transportation. suant to law, notice of refunds of offshore AA74) received on September 9, 1998; to the EC-6932. A communication from the Acting lease revenues; to the Committee on Energy Committee on Finance. Director of the Office of Sustainable Fish­ and Natural Resources. EC-6920. A communication from the Chief eries, National Oceanic and Atmospheric Ad­ of the Regulations Unit, Internal Revenue ministration, Department of Commerce, Service, Department of the Treasury, trans­ transmitting, pursuant to law, the report of PETITIONS AND MEMORIALS mitting, pursuant to law, the report of a rule a rule regarding the Closure of Ocean Rec­ entitled "Tax Forms and Instructions" (Rev. reational Salmon Fisheries from Cape Alava The following petitions and memo­ Proc. 98-50) received on September 9, 1998; to to Queets River, Washington, and Leadbetter rials were laid before the Senate and the Committee on Finance. Point, Washington, to Cape Falcon, Oregon were referred or ordered to lie on the EC-6921. A communication from the Chief (I.D. 081998A) received on September 10, 1998; table as indicated: of the Regulations Unit, Internal Revenue to the Committee on Commerce, Science, Service, Department of the Treasury, trans­ POM-532. A resolution adopted by the New and Transportation. England Governors' Conference relative to mitting, pursuant to law, the report of a rule EC-6933. A communication from the Acting entitled " Tax Forms and Instructions" (Rev. the Medicare Interim Payment System; to Director of the Office of Sustainable Fish­ the Committee on Finance. Proc. 98-51) received on September 9, 1998; to eries, National Oceanic and Atmospheric Ad­ the Committee on Finance. ministration, Department of Commerce, EC-6922. A communication from the Chief transmitting, pursuant to law, the report of REPORTS OF COMMITTEES of the Regulations Unit, Internal Revenue a rule entitled "Fisheries off West Coast Service, Department of the Treasury, trans­ States and in the Western Pacific; Pacific The following reports of committees mitting, pursuant to law, the report of a rule Coast Groundfish Fishery; Cumulative Limit were submitted: entitled "Roth IRA Guidance" (Rev. Proc. Period Changes" (I.D. 081498B) received on 98-49) received on September 9, 1998; to the By Mr. CHAFEE, from the Committee on September 10, 1998; to the Committee on Environment and Public Works, with amend­ Committee on Finance. Commerce, Science, and Transportation. EC-6923. A communication from the Chief ments: EC-6934. A communication from the Assist­ S. 2361. A bill to amend the Robert T. Staf­ of the Regulations Unit, Internal Revenue ant Administrator for Fisheries, National Service, Department of the Treasury, trans­ ford Disaster Relief and Emergency Assist­ Marine Fisheries Service, Department of ance Act to authorize programs for mitting, pursuant to law, the report of a rule Commerce, transmitting, pursuant to law, entitled " Determination of Interest Rate" predisaster mitigation, to streamline the ad­ the report of a rule entitled " Fisheries of the ministration of disaster relief, to control the (Rev. Rul. 98-46) received on September 10, Northeastern United States; Northeast 1998; to the Committee on Finance. Federal costs of disaster assistance, and for EC-6924. A communication from the Pr1n­ Multispecies Fishery; Cultivator Shoal Whit­ other purposes (Rept. No. 105-326). cipal Deputy Assistant Secretary for Con­ ing Fishery" (I.D. 072098B) received on Sep­ gressional Affairs, Department of Veterans tember 10, 1998; to the Committee on Com­ Affairs, transmitting, a draft of proposed leg­ merce, Science, and Transportation. INTRODUCTION OF BILLS AND EC-6935. A communication from the Assist­ islation entitled "The Department of Vet­ JOINT RESOLUTIONS erans Affairs Employment Reduction Assist­ ant Administrator for Fisheries, National ance Act"; to the Committee on Govern­ Marine Fisheries Service, Department of The following bills and joint resolu­ men tal Affairs. Commerce, transmitting, pursuant to law, tions were introduced, read the first EC-6925. A communication from the Chair­ the report of a rule entitled "Fisheries of the and second time by unanimous con­ man of the Council of the District of Colum­ Northeastern United States; Framework 10 to the Atlantic Sea Scallop Fishery Manage­ sent, and referred as indicated: bia, transmitting, pursuant to law, a report By Mr. MOYNIHAN (for himself and of District of Columbia Act 12-418 dated July ment Plan" (I.D. 081098A) received on Sep­ tember 10, 1998; to the Committee on Com­ Mr. D'AMATO): 7, 1998; to the Committee on Governmental S. 2461. A bill to extend the authorization Affairs. merce, Science, and Transportation. EC-6936. A communication from the Direc­ for the Upper Delaware Citizens Advisory EC-6926. A communication from the Chair­ Council and to authorize construction and man of the Council of the District of Colum­ tor of the National Oceanic and Atmospheric Administration, Department of Commerce, operation of a visitor center for the Upper bia, transmitting, pursuant to law, a report Delaware Scenic and Recreational River, of District of Columbia Act 12-419 dated July transmitting, pursuant to law, the report of a rule entitled " NOAA Climate and Global New York and Pennsylvania; to the Com­ 7, 1998; to the Committee on Governmental mittee on Energy and Natural Resources. Affairs. Change Program, Program Announcement" (RIN0648-ZA39) received on September 10, By Mr. BAUCUS: EC-6927. A communication from the Chair­ S. 2462. A bill entitled "Lisa De Land Fi­ man of the Council of the District of Colum­ 1998; to the Committee on Commerce, bia, transmitting, pursuant to law, a report Science, and Transportation. nancial Protection Act"; to the Committee of District of Columbia Act 12-421 dated July EC-6937. A communication from the Direc­ on Finance. 7, 1998; to the Committee on Governmental tor of the Office of Management and Budget, Affairs. Executive Office of the President, transmit­ EC-6928. A communication from the Chair­ ting, pursuant to law, the OMB Sequestra­ SUBMISSION OF CONCURRENT AND man of the Council of the District of Colum­ tion Report to the President and Congress SENATE RESOLUTIONS bia, transmitting, pursuant to law, ·a report for Fiscal Year 1999; referred jointly, pursu­ The following concurrent resolutions of District of Columbia Act 12-422 dated July ant to the order of January 30, 1975, as modi­ 7, 1998; to the Committee on Governmental fied by the order April 11, 1986, to the Com­ and Senate resolutions were read, and Affairs. mittee on Appropriations, to the Committee referred (or acted upon), as indicated: EC-6929. A communication from the Chair­ on the Budget, to the Committee on Agri­ By Mr. COVERDELL (for himself and man of the Council of the District of Colum­ culture, Nutrition, and Forestry, to the Mr. SHELBY): bia, transmitting, pursuant to law, a report Committee on Armed Services, to the Com­ S. Con. Res. 117. A concurrent resolution of District of Columbia Act 12-426 dated July mittee on Banking, Housing, and Urban Af­ expressing the sense of Congress that the 7, 1998; to the Committee on Governmental fairs, to the Committee on Commerce, Secretary of Transportation should exercise Affairs. Science, and Transportation, to the Com­ reasonable judgment in promulgating regu­ EC-6930. A communication from the Chair­ mittee on Energy and Natural Resources, to lations relating to airline flights and should man of the Council of the District of Colum- the Committee on Environment and Public rescind the directive to establish peanut-free 20066 CONGRESSIONAL RECORD-SENATE September 11, 1998 zones on airline flights; to the Committee on SECTION 1. EXTENSION OF AUTHORIZATION FOR ing a problem that her family was fac­ Commerce, Science, and Transportation. UPPER DELAWARE CITIZENS ADVI· SORY COUNCIL. ing. The De Land family is from Mis­ Section 704(f)(1) of the National Parks and soula, Montana. Their daughter, Lisa STATEMENTS ON INTRODUCED Recreation Act of 1978 (16 U.S.C. 1274 note; suffers from a genetic disease that has BILLS AND JOINT RESOLUTIONS Public Law 95--625) is amended in the last affected her since birth. It is called sentence by striking " 20" and inserting " 30" . Williams Syndrome. Williams Syn­ By Mr. MOYNIHAN (for himself SEC. 2. VISITOR CENTER FOR UPPER DELAWARE drome is a rare genetic disorder that and Mr. D'AMATO): SCENIC AND RECREATIONAL RIVER. affects about 1 in 20,000 births. Those S. 2461. A bill to extend the extend (a) FINDINGS.- Congress finds that- who suffer from the syndrome are miss­ the authorization for the Upper Dela­ (1) on September 29, 1987, the Secretary of ing genetic material on their seventh ware Citizens Advisory Council and to the Interior approved a management plan for the Upper Delaware Scenic and Recreational chromosome. They are excessively so­ authorize construction and operation cial people. They have low to normal of a visitor center for the Upper Dela­ River, as required by section 704(c) of the Na­ ware Scenic and Recreational River, tional Parks and Recreation Act of 1978 (16 IQ's, however they are often gifted New York and Pennsylvania; to the U.S.C. 1274 note; Public Law 95--625); musically and have great social inter­ (2) the management plan called for the de­ actions skills. People who suffer from Committee on Energy and Natural Re­ velopment of a primary visitor contact facil­ sources. Williams Syndrome are almost always ity located at the southern end of the river extroverts. UPPER DELAWARE SCENIC AND RECREATIONAL corridor; From the time that Lisa was small, RIVER LEGISLATION (3) the management plan determined that her parents wanted to be able to as­ • Mr. MOYNIHAN. Mr. President, the visitor center would be built and oper­ today I introduce, along with my friend ated by the National Park Service; sume some responsibility for her and colleague Senator D'AMATO, a bill (4) section 704 of that Act limits the au­ healthcare. At one point the family that would extend the authorization thority of the Secretary of the Interior to tried to buy an annuity. In order for for the Upper Delaware River Citizens acquire land within the boundary of the river Lisa to qualify for programs such as corridor; and medicaid and SSI, the family's lawyer Advisory Committee and authorize the (5) on June 21 , 1993, the State of New York construction of a visitors center. The advised them to disinherit Lisa. If Lisa authorized a 99-year lease between the New had other money set aside for her, she Upper Delaware is a 73 mile stretch of York State Department of Environmental free flowing water between Hancock Conservation and the National Park Service would have access to medicaid. For and Sparrowbush, New York along the for construction and operation of a visitor middle income families, it is virtually Pennsylvania border. The area is home center by the Federal Government on State­ impossible to support a child with a to the Zane Gray Museum and to owned land in the town of Deerpark, Orange disability on their finances alone. Roebling's Delaware Aqueduct, which County, New York, in the vicinity of Self Sufficiency trust funds allow is believed to be the oldest existing Mongaup, which is the preferred site for the families to use money in a variety of visitor center. ways. The money can be used for rea­ wire cable suspension bridge. The (b) AUTHORIZATION OF VISITOR CENTER.­ Upper Delaware is an ideal location for sons as varied as the disabilities that Section 704(d) of the National Parks and individuals have. For example, if an in­ canoeing, kayaking, rafting, tubing, Recreation Act of 1978 (16 U.S.C. 1274 note; sightseeing, and fishing. Public Law 95--625) is amended- dividual has to live in a group home, In 1987 the Secretary of the Interior (1) by striking " (d) Notwithstanding" and money can be used to provide that per­ approved a management plan for the inserting the following: son with a separate telephone in his or Upper Delaware Scenic and Rec­ " (d) ACQUISITION OF LAND.- her room. In Montana, these trusts are reational River which called for the de­ " (1) IN GENERAL.-Notwithstanding"; and great mechanisms that allow families velopment of a visitors center at the (2) by adding at the end the following: help support loved ones. These trusts " (2) VISITOR CENTER.-For the purpose of let families provide support without south end of the river corridor. It constructing and operating a visitor center would be owned and constructed by the for the segment of the Upper Delaware River disinheriting a child and allow them to National Park Service. In 1993 New designated as a scenic and recreational river have ongoing participation in the York State authorized a lease with the by section 3(a)(19) of the Wild and Scenic healthcare process. For example, if Park Service for the construction of a Rivers Act (16 U.S.C. 1274(a)(19)), subject to Lisa had a self-sufficiency trust, she visitor center on State-owned land in the availability of appropriations, the Sec­ would still qualify for medicaid and her the town of Deerpark in the vicinity of retary of the Interior may- family would still be able to provide Mongaup. This bill allows the Sec­ " (A) enter into a lease with the State of some assistance for her. retary to enter into such a lease and to New York, for a term of 99 years, for State­ With the implementation of the Med­ owned land within the boundaries of the icaid Recovery Act, any trust that was construct and operate the visitor cen­ Upper Delaware River located at an area ter. known as 'Mongaup' near the confluence of set up would be recovered by the fed­ Mr. President, the many thousands of the Mongaup and Upper Delaware Rivers in eral government when the medicaid re­ visitors to this wonderful river would the State of New York; and cipient turned 55, or when that person benefit greatly from a place to go to " (B) construct and operate the visitor cen­ passed away. Lisa's parent's had hoped find out about the recreational oppor­ t er on the land leased under subparagraph that when she no longer needed the tunities, the history, and the flora and (A).".e money from the trust fund, that money fauna of the river. This bill would move would go to the rest of their children. By Mr. BAUCUS: Current law requires the Government that process along to its conclusion. It S. 2462 . A bill entitled " Lisa De Land would also continue the Citizens Advi­ to recover that money, denying the Financial Protection Act" ; to the Com­ other children access to it. Many peo­ sory Council that ensures that the mittee on Finance. views and concerns of local residents ple with disabilities have a short life are kept in mind when management de­ expectancy. In this case, these families cisions are made. My colleague from THE LISA DE LAND FINANCIAL PROTECTION ACT would not be affected by this law. How­ New York and I ask for the support of • Mr. BAUCUS. Mr. President, today I ever, Lisa has a normal life expectancy other Senators, and I ask unanimous introduce the Lisa De Land Financial and with this law, the money that is consent that the text of the bill be Protection Act. The bill that I am in­ set aside for her health care will be re­ printed in the RECORD. troducing would allow the families of covered by the government. There being no objection, the bill was disabled persons to keep the money It is important for individual states ordered to be printed in the RECORD, as that they put in trust funds to care for to have the option to choose whether follows: their family members. Individual or not these funds are recovered. Fami­ s. 2461 states would have the option of wheth­ lies across the country and in my home Be it enacted by the Senate and House of Rep­ er or not to recover those funds. state of Montana are seriously affected resentatives of the United States of America in Recently, Virginia De Land, a con­ by this problem. It is time to make a . Congress assembled, cerned Montanan contacted me regard- change in the system that will help out September 11, 1998 CONGRESSIONAL RECORD-SENATE 20067 average families in extreme cir­ enue Code of 1986 to provide a 5-year during World War II, and to advance cumstances. extension of the credit for producing the late Major General Walter C. Short Mr. President, I ask unanimous con­ electricity from wind and closed-loop on the retired list of the Army to the sent that the text of the bill be printed biomass. highest grade held and Commanding in the RECORD. s. 1977 General, Hawaiian Department, during There being no objection, the bill was At the request of Mr. D'AMATO, ·the World War II, as was done under the Of­ ordered to be printed in the RECORD, as name of the Senator from Connecticut ficer Personnel Act of 1947 for all other follows: (Mr. DODD) was added as a cosponsor of senior officers who served impositions s. 2462 S. 1977, a bill to direct the Secretary of of command during World War II, and Be it enacted by the Senate and House of Rep­ Transportation to conduct a study and for other purposes. resentatives of the United States of America in issue a report on predatory and dis­ SENATE CONCURRENT RESOLUTION 103 Congress assembled, criminatory practices of airlines which At the request of Mr. MOYNIHAN, the SECTION 1. SHORT TITLE. restrict consumer access to unbiased name of the Senator from Alabama This Act may be cited as the "Lisa De air transportation passenger service (Mr. SESSIONS) was added as a cospon­ Land Financial Protection Act". and fare information. sor of Senate Concurrent Resolution SEC. 2. STATE OPTION TO EXEMPT CERTAIN s. 2049 103, a concurrent resolution expressing TRUSTS FROM THE ESTATE RECOV· ERY PROVISIONS OF THE MEDICAID At the request of Mr. KERRY, the the sense of the Congress in support of PROGRAM. name of the Senator from California the recommendations of the Inter­ Section 1917(b)(l)(B) of the Social Security (Mrs. BOXER) was added as a cosponsor national Commission of Jurists · on Act (42 U.S.C. 1396p(b)(l)(B)) is amended- of S. 2049, a bill to provide for pay­ Tibet and on United States policy with (!) by redesignating clauses (i) and (ii) as ments to children's hospitals that oper­ regard to Tibet. subclauses (I) and (II), respectively; ate graduate medical education pro­ AMENDMENT NO. 2418 (2) by striking "In" and inserting "(i) In"; and grams. At the request of Mr. JEFFORDS the (3) by adding at the end the following: s. 2190 name of the Senator from Virginia (Mr. "(ii) At the option of a State, clause (1) At the request of Mr. KENNEDY, the ROBB) was added as a cosponsor of shall not apply in the case of an individual name of the Senator form Michigan amendment No. 2418 proposed to S. who, at the time the individual received (Mr. ABRAHAM) was added as a cospon­ 1723, a bill to amend the Immigration medical assistance under the State plan- sor of S. 2190, a bill to authorize quali­ and Nationality Act to assist the "(1) was disabled, mentally ill, or phys­ fied organizations to provide technical United States to remain competitive ically handicapped, as determined by the State; and assistance and capacity building serv­ by increasing the access of the United "(II) was the beneficiary of a trust estab­ ices to microenterprise development States firms and institutions of higher lished under the law of the State where the organizations and programs and to dis­ education to skilled personnel and by individual resided by the beneficiary, a par­ advantaged entrepreneurs using funds expanding educational and training op­ ent, grandparent, legal guardian, or at the from the Community Development Fi­ portunities for American students and direction of a court for the purpose of pro­ nancial Institutions Fund, and for workers. viding or supplementing the cost of the care other purposes. and treatment for the individual (including s. 2201 the cost of medical assistance provided SENATE CONCURRENT RESOLU­ under the State plan), At the request of Mr. TORRICELLI, the TION 117-EXPRESSING THE names of the Senator from Oklahoma but only if State law provides that, upon the SENSE OF CONGRESS THAT THE death of the individual, not more than 90 (Mr. NICKLES) and the Senator from SECRETARY OF TRANSPOR­ percent of the value of the trust may be con­ Georgia (Mr. CLELAND) were added as TATION SHOULD EXERCISE REA­ veyed to the heirs of the individual and that cosponsors of S. 2201, a bill to delay the SONABLE JUDGMENT IN PRO­ the remainder shall be donated to a chari­ effective date of the final rule promul­ table trust approved by the State." .• MULGATING REGULATIONS RE­ gated by the Secretary of Health and LATING TO AIRLINE FLIGHTS Human Services regarding the Organ AND SHOULD RESCIND THE DI­ ADDITIONAL COSPONSORS Procurement and Transplantation Net­ RECTIVE TO ESTABLISH PEA­ work. s. 374 NUT-FREE ZONES ON AIRLINE s. 2390 FLIGHTS At the request of Mr. ROBB, the At the request of Mr. BROWNBACK, the names of the Senator from South Da­ names of the Senator from Indiana Mr. COVERDELL (for himself and kota (Mr. JOHNSON) and the Senator (Mr. LUGAR) and the Senator from Mr. SHELBY) submitted the following from Wyoming (Mr. ENZI) were added Montana (Mr. BURNS) were added as co­ concurrent resolution; which was re­ as cosponsors of S. 374, a bill to amend sponsors of S. 2390, a bill to permit ferred to the Committee on Commerce, title 38, United States Code, to extend ships built in foreign countries to en­ Science, and Transportation: eligibility for hospital care and med­ gage in coastwise in the transport of S. CON. RES. 117 ical services under chapter 17 of that certain products. Whereas policies of the Federal Govern­ title to veterans who have been award­ s. 2418 ment should recognize that the Centers for ed the Purple Heart, and for other pur­ At the request of Mr. JEFFORDS, the Disease Control and Prevention has deter­ poses. mined that V10 of 1 percent of the population names of the Senator from Virginia of the United States is allergic to peanuts; s. 1021 (Mr. ROBB) and the Senator from Lou­ Whereas the Secretary of Transportation At the request of Mr. HAGEL, the isiana (Mr. BREAUX) were added as co­ has issued a directive to establish peanut­ name of the Senator from Maine (Ms. sponsors of S. 2418, a bill to establish free zones on domestic airline flights; SNOWE) was added as a cosponsor of S. rural opportunity communities, and for Whereas establishing peanut-free zones is 1021, a bill to amend title 5, United other purposes. an excessive regulation to that important problem; States Code, to provide that consider­ SENATE JOINT RESOLUTION 55 Whereas that directive unfairly singles out ation may not be denied to preference At the request of Mr. ROTH, the name 1 product while ignoring all other allergens; eligibles applying for certain positions of the Senator from New Mexico (Mr. Whereas that directive subrogates the in the competitive service, and for DOMENICI) was added as a cosponsor of rights of the 99.9 percent of the traveling other purposes. Senate Joint Resolution 55, a joint res­ public who are not allerg"ic to peanuts; s. 1459 olution requesting the President to ad­ Whereas the Secretary of Transportation states in that directive that the only danger At the request of Mr. GRASSLEY, the vance the late Rear Admiral Husband to allergenic passengers is accidental inges­ name of the Senator from Oregon (Mr. E. Kimmel on the retired list of the tion of peanuts; SMITH) was added as a cosponsor of S. Navy to the highest grade held as Com­ Whereas establishing a precedent for pea­ 1459, a bill to amend the Internal Rev- mander in Chief, United States Fleet, nut-free zones in airplanes might needlessly 20068 CONGRESSIONAL RECORD-SENATE September 11, 1998 establish allergen-free zones for all public SEC. 4 • BANKRUPTCY FEES. AMENDMENT NO. 3568 transportation, including buses, trains, sub­ Section 1930 of title 28, United States Code, At the end of the matter proposed to be in­ ways, and cable cars; and is amended- serted, insert the following: Whereas the Secretary of Transportation (1) in subsection (a), by striking " Notwith­ "Section 1141(d) of title 11 , United States should rescind the directive that requires standing section 1915 of this title, the par­ Code, is amended by adding at the end the major United States air carriers to reserve ties" and inserting "Subject to subsection following: up to 3 rows on airplanes for people who are (f), the parties"; and "(6) The confirmation of a plan does not allergic to peanuts: Now, therefore, be it (2) by adding at the end the following: discharge a debtor that is a corporation from Resolved by the Senate (the House of Rep­ "(f)(l) The Judicial Conference of the resentatives concurring), That it is the sense any debt arising from a judicial, administra­ United States shall prescribe procedures for tive, or other action or proceeding that is of Congress that the Secretary of Transpor­ waiving fees under this subsection. tation should rescind the directive per­ based in whole or in part on false pretenses, "(2) Under the procedures described in a false representation, or actual fraud." taining to peanut-free zones on airline paragraph (1), the district court or the bank­ flights. ruptcy court may waive a fili~g fee described in paragraph (3) for a case commenced under McCAIN AMENDMENT NO. 3569 chapter 7 of title 11 if the court determines AMENDMENTS SUBMITTED (Ordered to lie on the table.) that an individual debtor is unable to pay Mr. McCAIN submitted an amend­ that fee in installments. "(3) A filing fee referred to in paragraph (2) ment intended to be proposed by him CONSUMER BANKRUPTCY REFORM is- to amendment No. 2559 submitted by ACT OF 1998 "(A) a filing fee under subsection (a)(l); or Mr. GRASSLEY to the bill, S. 1301, supra; "(B) any other fee prescribed by the Judi­ as follows: cial Conference of the United States under At the appropriate place in title VII, insert LEAHY AMENDMENT NO. 3564 subsection (b) that is payable to the clerk of the following: (Ordered to lie on the table.) the district court or the clerk of the bank­ SEC. 7 . FEES ARISING FROM CERTAIN OWN- Mr. LEAHY submitted an amend­ ruptcy court upon the commencement of a - ERSHIP INTERESTS. ment intended to be proposed by him case under chapter 7 of title 11. Section 523(a)(16) of title 11, United States "(4) In addition to waiving a fee described to amendment No. 3559 submitted by in paragraph (3) under paragraph (2), the dis­ Code, is amended- Mr. GRASSLEY to the bill (S. 1301) to (!) by striking " dwelling" the first place it trict court or the bankruptcy court may appears; amend title 11, United States Code, to waive any other fee prescribed under sub­ provide for consumer bankruptcy pro­ (2) by striking " ownership or" and insert­ section (b) or (c) if the court determines that ing "ownership,"; tection, and for other purposes; as fol­ the individual is unable to pay that fee in in­ (3) by striking " housing" the first place it lows: stallments.". appears; and At the appropriate place in title VII, insert AMENDMENT NO. 3566 (4) by striking "but only" and all that fol­ the following: lows through "such period,", and inserting SEC. . CHAPTER 11 DISCHARGE OF DEBTS On page 53, lines 10 and 11, strike " and "or a lot in a homeowners association, for as - ARISING FROM TOBACCO-RELATED finds that the action of the counsel for the long as the debtor or the trustee has a legal, DEBTS. debtor in filing under this chapter was not equitable, or possessory ownership interest Section 1141(d) of title 11, United States substantially justified". in such unit, such corporation, or such lot,". Code, is amended by adding at the end the On page 53, line 12, after "the court shall" following: insert "award all reasonable costs in pros­ "(5)(A) the confirmation of a plan does not ecuting the motion, including reasonable at­ SPECTER AMENDMENT NO. 3570 discharge a debtor that is a corporation from torneys' fees, which shall be treated as an (Ordered to lie on the table.) any debt arising from a judicial, administra­ administrative expense under section 503(b) tive, or other action or proceeding that is- in a case under this title that is converted to Mr. SPECTER submitted an amend­ "(1) related to the consumption or con- a case under another chapter of this title". ment intended to be proposed by him sumer purchase of a tobacco product; and On page 53, lines 12 through 14, strike to amendment No. 3559 proposed by Mr. ''(ii) based in whole or in part on- "order the counsel for the debtor to reim­ GRASSLEY to the bill, S. 1301, supra; as "(I) a false pretense or representation; or burse the trustee for all reasonable costs in follows: "(II) actual fraud. prosecuting the motion, including reason­ At the appropriate place in title VII, insert "(B) In this paragraph, the term 'tobacco able attorneys' fees". the following: product' means- On page 55, between lines 6 and 7, insert SEC. 7 . TRANSFERS MADE BY NONPROFIT "(1) a cigarette, as defined in section 3 of the following: the Federal Cigarette Labeling and Adver­ (b) ALLOWANCE OF ADMINISTRATIVE EX­ CHARITABLE CORPORATIONS. tising Act (15 U.S.C. 1332); PENSES.-Section 503(b)(3) of title 11, United (a) SALE OF PROPERTY OF ESTATE.-Section 363(d) of title 11, United States Code, is "(11) a little cigar, as defined in section 3 of States Code, is amended- the Federal Cigarette Labeling and Adver­ (1) in subparagraph (E), by striking " or" at amended- tising Act (15 U.S.C. 1332); the end; ( I) by striking "only" and all that follows " (iii) a cigar, as defined in section 5702(a) (2) in subparagraph (F), by adding "or" at through the end of the subsection and insert­ of the Internal Revenue Code of 1986; the end; and ing " only- "(iv) pipe tobacco; (3) by adding at the end the following: "(1) in accordance with applicable non­ bankruptcy law that governs the transfer of "(v) loose rolling tobacco and papers used "(G) a panel trustee appointed under sec­ to contain that tobacco; tion 586(a)(l) of title 28 who brings a motion property by a corporation or trust that is "(vi) a product referred to as smokeless to­ . for dismissal or conversion under section not a moneyed, business, or commercial cor­ bacco, as defined in section 9 of the Com­ 707(b), if the court grants the motion of the poration or trust; and prehensive Smokeless Tobacco Health Edu­ trustee and the case is converted to a case "(2) to the extent not inconsistent with cation Act of 1986 (15 U.S.C. 4408); and under another chapter of this title.". any relief granted under subsection (c), (d), "(vii) any other form of tobacco intended On page 55, line 7, strike "(b)" and insert (e), or (f) of section 362". for human consumption.''. "(c)" . (b) CONFIRMATION OF PLAN FOR REORGA­ NIZATION.-Section 1129(a) of title 11, United States Code, is amended by adding at the end FEINGOLD (AND SPECTER) FORD AMENDMENTS NOS. 3567-3568 the following: AMENDMENTS NOS. 3565-3566 (Ordered to lie on the table.) "(14) All transfers of property of the plan (Ordered to lie on the table.) Mr. FORD submitted two amend­ shall be made in accordance with any appli­ Mr. FEINGOLD (for himself and Mr. ments intended to be proposed by him cable provisions of nonbankruptcy law that SPECTER) submitted two amendments to amendment No. 3559 submitted by govern the transfer of property by a corpora­ intended to be proposed by them to tion or trust that is not a moneyed, business, Mr. GRASSLEY to the bill, S. 1301, supra; or commercial corporation or trust.". amendment No. 3559 submitted by Mr. as follows: (C) TRANSFER OF PROPERTY.- Section 541 of GRASSLEY to the bill, S. 1301, supra; as AMENDMENT NO. 3567 title 11, United States Code, is amended by follows: Strike all after "that is" on page 1, line 10 adding at the end the following: AMENDMENT NO. 3565 of the amendment and insert the following: "(e) Notwithstanding any other provision At the appropriate place in title IV, insert "Based in whole or in part on a false pre­ of this title, property that is held by a debt­ the following: tense or representation, or actual fraud." or that is a corporation described in section September 11, 1998 CONGRESSIONAL RECORD-SENATE 20069 501(c)(3) of the Internal Revenue Code of 1986 1601 et seq.) is amended by inserting after amended by section 202, is amended by add­ and exempt from tax under section 501(a) of section 109 the following: ing at the end the following flush sentence: such Code may be transferred to an entity "SEC. 110. HIGH DEBT-TO-INCOME RATIO CREDIT. "The exception under subparagraphs (A) and that is not such a corporation, but only "(a) DEFINITIONS.-For purposes of this sec­ (C) of paragraph (2) shall not apply to any under the same conditions as would apply if tion- claim made by a creditor in connection with the debtor had not filed a case under this "(1) the term 'high debt-to-income ratio an extension of high debt-to-income ratio title.". credit' means an extension of credit in which credit, as defined in section 110 of the Truth (d) APPLICABILITY.-The amendments made the total required monthly payments on con­ in Lending Act.". by this section shall apply to a case pending sumer credit obligations of the consumer (2) INTEREST.-Section 502(b) of title 11, under title 11, United States Code, on the (other than residential mortgage obliga­ United States Code, as amended by section date of enactment of this Act. tions, including any refinancing thereof), to­ 206 of this Act, is amended- gether with any amount anticipated to be (A) in paragraph (9), by striking "or" at TORRICELLI AMENDMENT NO. 3571 advanced by the creditor within 30 days after the end; the date on which the extension of credit is (B) in paragraph (10), by striking the pe­ (Ordered to lie on the table.) made, is greater than 40 percent of the riod at the end and inserting"; or"; and Mr. TORRICELLI submitted an man thly gross income of the consumer; and (C) by adding at the end the following: amendment intended to be proposed by "(2) the required monthly payment on a "(11) the claim is a claim for interest on an him to amendment No. 3559 proposed credit card obligation shall be calculated as extension of high debt-to-income ratio cred­ by Mr. GRASSLEY to the bill, S. 1301, 8 percent of the total principal balance or it, as defined in section 110 of the Truth in supra; as follows: the minimum payment then due with respect Lending Act, in any case in which the court to the obligation, whichever is greater. finds that- In section 722, strike "Section 901(a)" and "(b) DUTY TO INQUIRE.-A creditor that ex­ "(A) the extension of high debt-to-income all that follows through the end of the sec­ tends credit under an open end credit plan ratio credit contributed to the need for the tion and insert the following: after soliciting the consumer in any manner (a) IN GENERAL.-Section 901(a) of title 11, debtor to file for relief under this title; or shall, prior to extending credit, obtain a "(B) the payment of that claim would re­ United States Code, is amended by inserting written statement signed by the consumer, duce the payments to other unsecured credi­ "1123(d)," after "1123(b), ". in such form as the Board shall prescribe, (b) FIREARMS DEFINED.-Section 101 of title tors.". that sets forth the information necessary to (3) DISMISSAL.-Section 707(b) of title 11, 11, United States Code, is amended- calculate whether the extension of credit (2) by redesignating paragraphs (27) United States Code, as amended by section being made is high debt-to-income ratio 102 of this Act, is amended by adding at the through (72) as paragraphs (28) through (73), credit. A creditor may rely on such state­ respectively; and end the following: ment in making the designation provided for "(6) A party in interest may not make a (2) by inserting after paragraph (26), as re­ under subsection (c), if such reliance is rea­ designated by section 401, the following: motion under this section if that party in in­ sonable in light of any other information terest has filed a claim against the debtor "(27) The term 'firearm'- that the creditor has concerning the finan­ "(A) has the meaning given that term in that is based on an extension of high debt-to­ cial circumstances of the consumer. income ratio credit, as defined in section 110 section 921(3) of title 18; and "(c) DESIGNATION OF EXTENSION OF CREDIT "(B) includes any firearm included under of the Truth in Lending Act.". AS HIGH DEBT-TO-INCOME RATIO CREDIT.-An (c) CLERICAL AMENDMENT.-The table of the definition of that term under section 5845 extension of high debt-to-income ratio cred­ of the Internal Revenue Code of 1986. ". sections for chapter 1 of title I of the Con­ it, as defined in subsection (a), shall be des­ sumer Credit Protection Act (15 U.S.C. 1601 (c) EXCEPTIONS TO DISCHARGE.-Section ignated as such by the creditor. 523(a) of title 11, United States Code, is "(d) SPECIAL REQUIREMENTS FOR HIGH et seq.) is amended by inserting after the amended- DEBT-TO-INCOME RATIO CREDIT.-A creditor item relating to section 109, the following: (1) in paragraph (17), by striking "or" at that extends high debt~to-income ratio cred­ "See. 110. High debt-to-income ratio credit.". the end; · it to a consumer shall- (2) in paragraph (18), by striking the period "(1) not later than 3 business days prior to at the end and inserting "; or"; and making any such credit available to the con­ FEINSTEIN AMENDMENT NO. 3573 (3) by adding at the end the following: sumer- (Ordered to lie on the table.) "(19) resulting from harm caused by a de­ "(A) provide information to the consumer, Mrs. FEINSTEIN submitted an fective firearm that the debtor sold or manu­ in a form prescribed by the Board, con­ amendment intended to be proposed by factured.''. cerning the risks and consequences of becom­ (d) AUTOMATIC STAY.-Section 362(b) of ing overextended on credit; and her to amendment No. 3559 submitted title 11, United States Code, is amended- "(B) inform the consumer that the exten­ by Mr. GRASSLEY to the bill, S. 1301, (1) in paragraph (22), by striking "or" at sion of credit has been designated as high supra; as follows: the end; debt-to-income ratio credit; and At the appropriate place in title VII, insert (2) in paragraph (23), by striking the period "(2) annually compile and make available the following: at the end and inserting"; or"; and to the public for inspection and copying, in a SEC. 7_ . CURBING ABUSIVE FILINGS. (3) by adding at the end the following: manner prescribed by the Board, the number "(24) under subsection (a) of this section of extensions of high debt-to-income ratio (a) IN GENERAL.-Section 362(d) of title 11, of- credit made by the creditor, the median in­ United States Code, is amended- , '(A) the commencement or continuation, terest rate charged by the creditor on such (1) in paragraph (2), by striking " or" at the and conclusion to the entry of final judg­ credit, and the total amount of such credit end; ment, of a judicial, administrative, or other offered and extended by the creditor. (2) in paragraph (3), by striking the period action or proceeding against a debtor relat­ "(e) PROHIBITION OF PENALTY RATES.-A at the end and inserting"; or"; and ing to a claim for harm caused by a defective creditor may not raise the interest rate (3) by adding at the end the following: firearm that the debtor sold or manufac­ charged on high debt-to-income ratio credit "(4) with respect to a stay of an act against tured; or based on a default by the obligor. real property under subsection (a), by a cred­ ''(B) the perfection or enforcement of a "(f) MINIMUM PAYMENTS ON HIGH DEBT-TO­ itor whose claim is secured by an interest in judgment or order referred to in subpara­ INCOME RATIO CREDIT.-A creditor that ex­ such real estate, if the court finds that the graph (A) against property of the estate or tends high debt-to-income ratio credit, or its filing of the bankruptcy petition was part of property of the debtor.". assignees, may not offer to the obligor the a scheme to delay, hinder, and defraud credi­ option of making monthly minimum pay­ tors that involved either- ments with regard to the obligation that "(A) transfer of all or part ownership of, or FEINSTEIN AMENDMENT NO. 3572 cover less than 4 percent of the total out­ other interest in, the real property without (Ordered to lie on the table.) standing balance, together with interest the consent of the secured creditor or court Mrs. FEINSTEIN submitted an then due, at any time during the period of approval; or amendment intended to be proposed by the obligation. " (B) multiple bankruptcy filings affecting her to the bill, S. 1301, supra; as fol- "(g) PENALTIES.-A creditor that fails to the real property. lows: · comply with this section shall be liable to If recorded in compliance with applicable the consumer for statutory damages of State laws governing notices of interests or At the appropriate place, insert the fol­ $2,000, actual damages, and costs, including liens in real property, an order entered pur­ lowing: attorney fees.". suant to this subsection shall be binding in SEC. _ . HIGH DEBT-TO-INCOME RATIO CREDIT. (b) TREATMENT UNDER BANKRUPTCY LAW.­ any other case under this title purporting to (a) AMENDMENTS TO THE TRUTH IN LENDING (1) EXCEPTIONS TO DISCHARGE.-Section affect the real property filed not later than AcT.- The Truth in Lending Act (15 U.S.C. 523(a) of title 11, United States Code, as 2 years after that recording, except that a 20070 CONGRESSIONAL RECORD-SENATE September 11, 1998 debtor in a subsequent case may move for re­ cation (as that term is used in section (ii) $1,000,000 in value for interest invested lief from such order based upon changed cir­ 481(a)(1) of the Higher Education Act of 1965 during the period beginning 24 months prior cumstances or for good cause shown, after (20 U.S.C. 1088(a)(1)) of a child who is under to the preceeding 12-month period notice and a hearing." . the age of 18 years at the time the account ""(A) in real or personal property that the (b) AUTOMATIC STAY.-Section 362(b) of is established, if those funds are held in that debtor or dependent of the debtor uses as a title 11, United States Code, as amended by account for a period beginning not later than residence; section 709, is amended- 180 days before the date of entry of the order ""(B) in a cooperative that owns property (1) in paragraph (24), by striking " or" at and continuing through the date of entry of that the debtor or a dependent of the debtor the end; the order.". uses as a residence; or (2) in paragraph (25) by striking the period (d) CREDIT EXTENSIONS.-The amendments '"'(C) in a burial plot for the debtor of a de­ at the end and inserting"; or"; and made by section 316 of this Act shall apply to pendent of the debtor. (3) by adding at the end the following: debts incurred on or after the date of enact­ ""(2) The limitation under paragraph (1) "(26) under subsection (a) of this section, of ment of this Act. shall not apply to an exemption claimed any act to enforce any lien against or secu­ under subsection (b)(2)(A) by a family farmer rity interest in real property following the AMENDMENT NO. 3575 for the principal residence of that farm­ entry of an order under section 362(d)(4) as to At the appropriate place, insert the fol­ er.".". that property in any prior bankruptcy case lowing new section: for a period of 2 years after entry of such an BROWNBACK AMENDMENT NO. 3577 order. The debtor in a subsequent case, how­ SEC. . EXTENSIONS OF CREDIT TO . ever, may move the court for relief from UNDERAGE CONSUMERS. (Ordered to lie on the table.) such order based upon changed cir­ (a) IN GENERAL.-Section 127(c) of the Mr. BROWNBACK submitted an cumstances or for other good cause shown, Truth in Lending Act (15 U.S.C. 1637(c)) is amendment intended to be proposed by after notice and a hearing; or amended- him to amendment No. 3559 proposed "(27) under subsection (a) of this section, of (1) by redesignating paragraph (5) as para­ by Mr. GRASSLEY to the bill, S. 1301, any act to enforce any lien against or secu­ graph (6); and supra; as follows: (2) by inserting after paragraph (4) the fol­ rity interest in real property- Strike section 320 and insert the following: "(A) if the debtor is ineligible under sec­ lowing: tion 109(g) to be a debtor in a bankruptcy "(5) APPLICATIONS FROM UNDERAGE CON­ SEC. 320. LIMITATION. case; or SUMERS.- Section 522 of title 11, United States Code, "(B) if the bankruptcy case was filed in "(A) PROHIBITION ON ISSUANCE.-No credit is amended- violation of a bankruptcy court order in a card may be issued to, or open end credit (1) in subsection (b)(2)(A), by inserting prior bankruptcy case prohibiting the debtor plan established on behalf of, a consumer " subject to subsection (n)," before "any from being a debtor in another bankruptcy who has not reached the age of 21 unless the property"; and case.". consumer has submitted a written applica­ (2) by adding at the end the following: tion to the card issuer that meets the re­ "(n)(1) Except as provided in paragraph (2), as a result of electing under subsection DODD AMENDMENTS NOS. 3574-3575 quirements of subparagraph (B). "(B) APPLICATION REQUIREMENTS.- An ap­ (b)(2)(A) to exempt property under State or (Ordered to lie on the table) plication to open a credit card account by an local law, a debtor may not exempt any Mr. DODD submitted two amend­ individual who has not reached the age of 21 amount of interest that exceeds in the aggre­ ments intended to be proposed by him as of the date of submission of the applica­ gate $100,000 in value in- to amendment No. 3559 to proposed by tion shall require- "(A) real or personal property that the Mr. GRASSLEY to the bill, S. 1301, supra; "(i) the signature of the parent or guardian debtor or a dependent of the debtor uses as a of the consumer indicating joint liability for residence; as follows: "(B) a cooperative that owns property that . AMENDMENT NO. 3574 debts incurred by the consumer in connec­ tion with the account before the consumer the debtor or a dependent of the debtor uses Strike section 417 and insert the following: has reached the age of 21; or as a residence; or SEC. 417. IMPROVED BANKRUPTCY "(ii) submission by the consumer of finan­ "(C) a burial plot for the debtor or a de­ PROCEDURES. cial information indicating an independent pendent of the debtor. means of repaying any obligation arising "(2) The limitation under paragraph (1) (a) IN GENERAL.- Section 707(b) of title 11, shall not apply to an exemption claimed United States Code, as amended by section from the proposed extension of credit in con­ nection with the account.". under subsection (b)(2)(A)- 102, is amended by adding at the end the fol­ "(A) by a family farmer for the principal lowing: (b) REGULATORY AUTHORITY.-The Board of Governors of the Federal Reserve System residence of that family farmer, without re­ "(6) For purposes of determining the cur­ gard to whether the principal residence is rent income of a debtor under this sub­ ·may issue such rules or publish such model forms as it considers necessary to carry out covered under an applicable homestead pro­ section, funds received by the debtor's house­ vision referred to in subparagraph (B); or hold as child support payments, foster care section 127(c)(5) of the Truth in Lending Act, as amended by this section. "(B) by a farmer (including, for purposes of payments, or disability payments for a de­ this subparagraph, a family farmer and any pendent child made in accordance with appli­ person that is considered to be a farmer cable Federal, State, and local law, and GRAMM AMENDMENT NO. 3576 under applicable State law) for a site at funds delivered in trust for the care and wel­ which a farming operation of that farmer is fare of children shall not be counted as in­ (Ordered to lie on the table.) carried out (including the principal residence come.". Mr. GRAMM submitted an amend­ of that farmer), if that site is covered under (b) HOUSEHOLD GOODS.-Section 101(27A) of ment intended to be proposed by him an applicable homestead provision that ex­ title 11, United States Code, as added by sec­ to the bill, S. 1301, supra; as follows: empts that site under a State constitution or tion 317, is amended by striking " of a de­ statute.". pendent child" and inserting " of the debtor Amendment 3559 is amended by striking or a dependent child of the debtor (including section 320 and inserting in lieu thereof the property that is reasonably necessary for the following: NATIONAL WILDLIFE REFUGE SYS­ maintenance or support of a dependent child "SEC. 320. LIMITATION. TEM VOLUNTEER AND COMMU­ of the debtor or property generally used by " Section 522 of title 11, United · States children) of a value of less than $400". Code, is amended- NITY PARTNERSHIP ACT OF 1998 (C) PROTECTION OF SAVINGS EARMARKED FOR "(1) in subsection (b)(2)(A), by inserting THE POSTSECONDARY EDUCATION OF CHIL­ " subject to subsection (n)," before "any DREN.-Section 541(b) of title 11, United property"; and CHAFEE AMENDMENT NO. 3578 States Code, is amended- "(2) by adding at the end the following new Mr. LOTT (for Mr. CHAFEE) proposed (1) in paragraph ( 4), by inserting " 365 or" subsection: an amendment to the bill (S. 1856) to before " 542"; ""(n)(1) Except as provided in paragraph amend the Fish and Wildlife Act of 1956 (2) in paragraph (5), by striking the period (2), as a result of electing under subsection to promote volunteer programs and at the end and inserting "; or"; and (b)(2)(A) to exempt property under State or (3) by inserting after paragraph (5) the fol­ local law, a debtor may not exempt any community partnerships for the benefit lowing: amount of interest that exceeds in the aggre­ of national wildlife, and for other pur­ "(6) any funds placed in an account estab­ gate- poses; as follows: lished to pay for the costs of postsecondary (i) $100,000 in value for interest invested On page 19, line 3, insert " Community" be­ education at an institution of higher edu- during the preceeding 12-month period, or fore ''Partnership". September 11, 1998 CONGRESSIONAL RECORD-SENATE 20071 On page 22, line 2, strike " complex" and in­ bert R. Hunt in the Wall Street Jour­ role in reaching this agreement. And sert "complexes". nal as " one of the ablest and most hon­ the seeds for American support of a On page 22, line 10, insert a comma after orable people in American politics," peaceful resolution to the conflict in "training". Northern Ireland were sown in the late On page 26, line 2, strike "purpose" and in­ died suddenly, much too young, this sert "purposes". past Saturday. 1970's, when principled people such as On page 29, line 20, strike "(d) and (e)," and He epitomized the honor and dignity Kirk O'Donnell stood up to say that vi­ insert "(d), and (e)". to which all of us engaged in the polit­ olence was not the answer to this prob­ ical life of our Nation should aspire. He lem. served for more than 7 years as chief Mr. President it is with great sorrow FISH AND WILDLIFE REVENUE counsel to then-Speaker Thomas P. that I have risen today to thank Kirk ENHANCEMENT ACT OF 1998 " Tip" O'Neill, Jr. He has been active in O'Donnell for his lifetime of public politics even since, as indeed he was in service and again to offer my sincere the years before Washington too. condolences to his family. CHAFEE AMENDMENT NO. 3579 I knew Kirk from my earliest days in At this point, I ask to have printed in Mr. LOTT (for Mr. CHAFEE) proposed the Senate. He and his lovely wife the RECORD the obituaries from the an amendment to the bill (S. 2094) to Kathy have dined with Liz and me at New York Times and the Boston Globe, amend the Fish and Wildlife Improve­ our home. His cousin, Lawrence as well as a tribute to Kirk O'Donnell ment Act of 1978 to enable the Sec­ O'Donnell, served in my office for by Albert R. Hunt, which appeared in retary of the Interior to more effec­ many years as chief of staff and as the The Wall Street Journal. tively use the proceeds of sales of cer­ staff director of the Finance Com­ The material follows: tain items; as follows: mittee when I became Chairman in [From The Wall Street Journal, Sept. 10, 1998] On page 4, line 4, strike "plants" and insert 1993. Our thoughts certainly are with " plant". Kathy, her children, and the O'Donnell THE LOSS OF A TALENTED, DECENT AND On page 4, line 6, strike the quotation family as they cope with this sudden, HONORABLE MAN marks and the following period. terrible news. (By Albert R. Hunt) To begin, one must know that Kirk Kirk O'Donnell, one of the ablest and most was a fellow Irishman and the great honorable people in American politics, died NOTICE OF HEARING suddenly last weekend at the altogether too and indispensable achievement of the young age of 52. Even in grieving, it's some­ COMMITTEE ON ENERGY AND NATURAL Irish is that they made it American to how hard not to think how different the RESOURCES be ethnic. On the contribution of the Clinton presidency might have been if Kirk Mr. CRAIG. Mr. President, I would Irish I have written: O'Donnell had been a top White House ad­ like to announce for the public that a What did the Irish do? First, they stayed in viser starting in 1993. hearing has been scheduled before the the cities, remaining highly visible. Next, He combined the best virtues of the old and Subcommittee on Forests and Public they kept to their faith. Thus the Roman the new politics. Raised in the rough-and­ Catholic Church became a major American tumble environs of Boston tribal warfare, he Land Management of the Senate Com­ never saw politics as anything but a contact mittee on Energy and Natural Re­ institution. Then they went into politics. Kirk O'Donnell, embodied all of these sport. But he always practiced it with de­ sources. cency and civility. The hearing will take place Thurs­ noble traits. He began his political ca­ He was a great student of political history, day, October 1, 1998, at 2:30 p.m., in reer in 1970, working on Kevin H. which better enabled him to appreciate con­ room SD- 366 of the Dirksen Senate Of­ White's campaign for governor of Mas­ temporary changes. There was a pragmatism fice Building in Washington, DC. sachusetts. That bid failed, but when to Kirk O'Donnell that never conflicted with The purpose of this oversight hearing Mr. White later became mayor of Bos­ his commitment and total integrity. ton, he hired Kirk to run the Fields Success never changed him. He founded the is to receive testimony on· the Forest influential Center for National Policy (his Service cabin fees. Corner Little City Hall, in essence, a successor as its chair was Madeleine Those who wish to submit written field station of the city hall. In the Albright) and then became a partner in the statements should write to the Com­ words of Speaker O'Neill, "All politics high-powered law firm of Vernon Jordan and mittee on Energy and Natural Re­ is local" and this grassroots view of Bob Strauss. But his values and devotion to sources, U.S. Senate, Washington, DC Massachusetts, coupled with Kirk's as­ family, friends and country were remarkably 20510. For further information, please tute political sense, made him an ideal constant. choice when the Speaker needed a new "He was a big oak tree of a friend," notes call Arnie Brown or Bill Lange at (202) Stanley Brand, a Washington lawyer, of the 224-6170. counsel here in Washington. former Brown University football star, a de­ It is then that I first came to know scription which Mr. O'Donnell used to joke, Kirk O'Donnell. He was an Irish-Amer­ was an "oxymoron." AUTHORITY FOR COMMITTEE TO ican who saw early on the danger of He cut his political teeth working for MEET the financial support which some oth­ Mayor Kevin White in Boston in the mid-70s, ers were providing the IRA. In 1977, Tip running the neighborhood city halls, devel­ COMMI'ITEE ON BANKING, HOUSING, AND URBAN O'Neill, Hug Carey, EDWARD M. KEN­ oping an appreciation of the relationships AFFAIRS between common folks and government that Mr. SPECTER. Mr. President, I ask NEDY, and I joined together at Kirk O'Donnell's initiative to oppose such would serve him well for the next quarter unanimous consent that the Com­ century. Then there were more than seven mittee on Banking, Housing, and activities. We issued a joint appeal on years as chief counsel to House Speaker Tip Urban Affairs be authorized to meet in St. Patrick's Day, 1977, which stated: O'Neill. We appeal to all those organization en­ There was an exceptional triumvirate of executive session during the session of gaged in violence to renounce their cam­ top aides to the speaker: Leo Diehl, his long­ the Senate on Friday, September 11, paigns of death and destruction and return time colleague who was the link to the past 1998, to conduct a markup of H.R. 10, to the path of life and peace. And we appeal and the gatekeeper who kept away the hang­ the Financial Services Act of 1998. as well to our fellow Americans to embrace ers-on; Art Weiss, although only in his The PRESIDING OFFICER. Without this goal of peace, and to renounce any ac­ twenties, unrivaled as a policy expert; and objection, it is so ordered. tion that promotes the current violence or Kirk O'Donnell, in his early thirties, who provides support or encouragement for orga­ brought political, legal and foreign policy nizations engaged in violence. expertise to the table, always with superb ADDITIONAL STATEMENTS Now, finally, one of the oldest con­ judgment. Though it may seem strange in today's flicts in Europe has the potential of Congress, he commanded real respect across healing and being resolved. A coura­ the aisle. "Kirk was really a tough, bright KIRK O'DONNELL geous agreement has been reached in opponent; he was a great strategist because • Mr. MOYNIHAN. Mr. President, Kirk Northern Ireland and is being imple­ he didn't let his emotions cloud his judg­ O'Donnell, succinctly described by Al- mented. The United States played a ment," recalls Billy Pitts, who was Mr. 20072 CONGRESSIONAL RECORD-SENATE September 11, 1998 O'Donnell's Republican counterpart working political conversations with survey data. But former mayor Kevin H. White's failed 1970 with GOP House Leader Bob Michel. "But he because he understood history and had such gubernatorial bid. always was a delight to be around and his personal honor he always understood a poll He went on to serve as general counsel to word was gold." was a snapshot, often valuable. But it never US House Speaker Thomas P. "Tip" O'Neill When the Democrats were down, routed by could be a substitute for principle or moral­ Jr., for eight years and quickly gained the the Reagan revolution in 1981, it was Kirk ity or integrity. reputation in Washington as a skilled strate­ O'Donnell who put together a strategy Those were currencies of his professional gist and a straight-talker. memorandum advising the party to lay off and personal life. These no longer are com­ Although he held key Democratic positions esoteric issues and not to refight the tax monplace commodities in politics, which is that included White House adviser and issues but to focus on social security and one of many reasons that the passing of this former president of the Center for National jobs. It was the blueprint for a big Demo­ very good man is such a loss. Policy, Mr. O'Donnell relished quiet time cratic comeback the next year. When then­ with his family at their summer home in Republican Congressman Dick Cheney criti­ [From the New York Times, Sept. 7, 1998] Scituate at least as much as being near the cized the speaker for tough partisanship, Mr. KIRK 0 'DONNELL, 52, LOBBYIST AND AN AIDE center of power in the nation's capital. O'Donnell immediately turned it around by TO A HOUSE SPEAKER " He was politics at its best," said US Rep­ citing a book that Rep. Cheney and his wife (By Irvin Molotsky) resentative Barney Frank, who first worked had written on House leaders that praised with Mr. O'Donnell during White's guber­ the same qualities that he now was criti­ WASHINGTON, Sept. 6.-Kirk O'Donnell, a natorial bid. "Talented and principled, he cizing. lawyer and lobbyist for a leading Washington really worked to make the world better and Few operated as well at that intersection law firm and the former chief aide to former fairer. " of substance and politics, or understood both Speaker Thomas P. O'Neill Jr., died on Sat­ Most well-known for his advice, Mr. as well. He played a major role in orches­ urday near his weekend home in Scituate, O'Donnell was a highly sought-after adviser trating a powerful contingent of Irish-Amer­ Mass. He was 52 and lived in Washington. to the Democratic party and served in that ican politicians, including the speaker, to A family friend, Robert E. Holland, said role for former Massachusetts governor Mi­ oppose pro-Irish groups espousing violence. that Mr. O'Donnell, who did not have a his­ chael S. Dukakis's failed presidential cam­ "Kirk put the whole Irish thing together," tory of health problems, collapsed after jog­ paign in 1988. the speaker said. ging. Mr. O'Donnell was pronounced dead at President Clinton said yesterday Mr. He was staunchly liberal on the responsi­ South Shore Hospital. The White House issued a statement to­ O'Donnell "was a gentleman and patriot who bility of government to care for those in brought wit, common sense, and a . genuine need of equal rights. But he cringed when night in which President Clinton said: "Kirk O'Donnell was a gentleman and a patriot humanity to his public work and private life. Democrats veered off onto fringe issues, and He was a very good man and left us much too never forgot the lessons learned running who brought wit, common sense and a gen­ uine humanity to his public and private life. soon.'' neighborhood city halls in his 20s. Family The son of a Dorchester investment adviser values to Kirk O'Donnell wasn't a political He was a very good man and has left us much and a homemaker, Mr. O'Donnell attended buzzword or cliche, but a reality of life; there too soon." Boston Latin School and graduated in 1964 never has been a more loving family than Mr. Holland, a boyhood friend of Mr. O'Donnell's and for a time his law partner in with a passion for history and football. At Kirk and Kathy O'Donnell and their kids, Boston Latin, he remains in the Sports Hall Holly and Brendan. Boston, said that in his role as chief counsel The Clinton administration made job over­ to Mr. O'Neill, Mr. O'Donnell always acted of Fame for his football exploits. tures to Kirk O'Donnell several times but behind the scenes in the Speaker's behalf, ex­ After graduating from Brown University, they were never commensurate with his tal­ cept on one issue, the running of guns to ele­ where he also played football, he was a his­ ents. He should have been either Chief of ments of the Irish Republican Army. tory teacher at Somerset High School. Staff or legal counsel from the very start of At the time, Irish-Americans were divided With the 1970 governor's race sparking a this administration. He would have brought on the question of providing guns and many lifelong interest in politics and law, Mr. experience, expertise, maturity, judgment, politicians supported groups that were ship­ O'Donnell taught while he attended Suffolk toughness-intimate knowledge of the way ping the weapons. The group that Mr. Law School, graduating in 1975. When then­ mayor White pledged to bring City Hall to Washington works-that nobody else in that O'Donnell helped form to oppose the weapon White House possessed. shipments included Democrats like Senator the neighborhoods-literally-Mr. O'Donnell But sadly, that's not what this president Daniel Patrick Moynihan of New York, Sen­ was hired to run the Fields Corner Little sought. For Kirk O'Donnell wouldn't have ator Edward M. Kennedy of Massachusetts, City Hall and worked from a trailer parked tolerated dissembling. He never was unfaith­ Mr. O'Neill and Hugh L. Carey, then the Gov­ beside Town Field. There he helped residents ful to those he worked for but "spinning"­ ernor of New York. navigate the downtown City Hall bureauc­ as in situational truths-was foreign to him. Mr. O'Donnell was born in Boston and racy while studying politics and human na­ When working for the speaker or Michael graduated from the Boston Latin School, ture at close quarters. Dukakis in 1988, he would dodge, bob, some­ Brown University and Suffolk Law School. Years later, while serving as one of the top times talk gibberish but never, in hundreds He taught history at a Somerset (Mass.) strategists for the Democratic leadership of of interviews with me, did he ever dissemble. High School and then took a job with Mayor the US House, he said, "If you can under­ The contrast between this and someone Kevin H. White of Boston and ran Mr. stand Fields Corner, you can understand like Dick Morris, who Mr. Clinton continu­ White's successful re-election campaign. Congress.'' ously turned to, is striking. This was After leaving the Speaker's office, Mr. In 1975, he set up one of the first computer­ brought home anew when Mr. Morris, the O'Donnell was president of the Center for ized voting lists for the White campaign. On former top Clinton aide, wrote a letter seem­ National Policy, a Democratic advisory the day of the election, in a Boylston Street ing to take issue with a column I wrote a few group, and he was a leader in the unsuccess­ office building, he checked every polling weeks ago. ful Democratic Presidential campaign of Mi­ place in the 22 wards to see how light or For starters, he erroneously denied that he chael S. Dukakis in 1988. He was a senior heavy the turnout was in pro-White pre­ suggested Hillary Clinton is a lesbian. More partner in the Washington law firm of Akin, cincts. The White political organization had substantially, Mr. Morris says that Mr. Clin­ Gump, Strauss, Hauer & Feld. Chicago-sized ambitions, and Mr. O'Donnell ton called him when the Lewinsky story Mr. O'Donnell is survived by his wife of 26 harnessed its resources to provide telephone broke and had him do a poll to gauge reac­ years, Kathryn; his daughter, Holly, and his reminders and transportation to the mayor's tion. He did that and told Mr. Clinton the son, Brendan, all of Washington. supporters. public wouldn't accept the truth. Although Mr. O'Donnell's encyclopedic knowledge of Mr. Morris turned over what he says is that [From the Boston Globe, Sept. 7, 1998] Boston politics brought him to the attention poll to Independent Counsel Kenneth Starr, of Speaker O'Neill after White was re-elected KIRK O'DONNELL, 52; TOP ADVISER TO to a third term. some of us question whether the survey was NATIONAL, MASS. DEMOCRATS genuine. Since the mayor had been considered vul­ The infamous political consultant swears (By Beth Daley) nerable, his relatively easy victory prompted he sampled 500 people, asked 25 to 30 ques­ Kirk O'Donnell, 52, a prominent Wash­ a call from O'Neill, who was seeking a new tions and did it all out of own pocket for ington lawyer who once worked with Bos­ counsel to succeed Charles D. Ferris, the $2,000. If true, it was a slipshod survey upon ton's most colorful politicians, died Satur­ Dorchester native who had just been named which the president reportedly decided to day after collapsing while jogging near his by President Carter to head the Federal stake his word. (Only days later, Mr. Clinton Scituate summer home. Communications Commission. The man who swore at a private White House meeting that Known for his morality as much as his popularized the phrase " All politics is local" he hadn't spoken to Mr. Morris in ages.) dedication to the Democratic cause, Mr. wanted someone at his side who knew the There was no more an astute analyst of O'Donnell entered the political world after a similarity between Fields Corner and Con­ polls than Kirk O'Donnell. He would pepper brief stint as a history teacher to work on gress. September 11, 1998 CONGRESSIONAL RECORD-SEN ATE 20073 At first, Mr. O'Donnell was reluctant. He office of Indiana's Adjutant General. spite the American public's unfamil­ had left City Hall to start a law practice During that time, Ritch made substan­ iarity with the obscure, new medium, with his friend, Robert Holland. But the fa­ tial contributions to readiness plan­ Los Angeles Mayor Fletcher Brown de­ bled O'Neill charm suggested to him brighter vistas in Washington than in Boston. ning in Indiana. He completed Disaster clared the day of the first telecast TV After the election of President Reagan in Preparedness Operations Plans for In­ Day on January 25, 1949. 1980, Tip O'Neill became the best-known diana Naval, Marine Corps and Coast Sponsor of the annual awards pro­ Democrat in the nation. Mr. O'Donnell's aim Guard facilities, and ensured a close gram, the National Academy of Tele­ was to prepare the House speaker strategi­ working relationship between the Indi­ vision Arts and Sciences has a long and cally and tactically for dealing with the ana National Guard and the State venerated history. Since its early days, White House. The president's popularity Emergency Management Office. membership to the National Academy made difficult the chore of holding House Ritch Eich's civilian job during this of Television Arts and Sciences has Democrats together. Mr. O'Donnell, a gregarious man with a period was as the chief marketing, pub­ flourished to more than 9,000, making booming voice, spoke in a straightforward lic affairs and physician relations offi­ it · the single largest television profes­ manner to House members, with the same cer for Indiana University Medical Cen­ sional association in the world. The determination as he did while dealing with ter, where- over the course of a dec­ Academy not only presents the Emmy the foot soldiers of the Kevin White organi­ ade- he has helped to build a vibrant Awards, but also hosts a program for zation. and effective health care environment college educators and has underwritten After O'Neill retired, Mr. O'Donnell for Hoosiers. According to one health the Archive of American Television in worked as head of a Washington think tank, care executive, Ritch had helped " de­ an .effort to preserve television's rich the Center for National Policy, aimed at re­ viving the Democratic party. In conferences fine our vision, map our strategies, de­ and detailed past. and seminars, he sought to focus the intel­ liver on our promises and guide our af­ As the Emmy's golden anniversary lectual energy of a party that had consist­ filiations." And for Rich, " helping Hoo­ approaches, let us pay tribute to the ently lost presidential elections while con­ siers access the best healthcare in the award show's support of the entertain­ tinuing its domination of Congress. mid-west" was what it was all about. ment industry and recognition of qual­ After he left the center, he was succeeded In all his endeavors, Ritch Eich has ity television programming. With 50 as director by Madeleine Albright, now sec­ demonstrated a skill and dedication years of telecasts to its credit, the retary of state. An old Washington hand and that reflect great credit upon himself, a former chairman of the Democratic Na­ Emmy's have become a genuine part of tional Committee, Robert S. Strauss, re­ the State of Indiana and the United American history.• cruited Mr. O'Donnell to his Washington law States Navy. I feel privileged to offer this tribute to Ritch on the occasion of firm, Akin, Gump, Strauss, Hauer & Feld. As TRIBUTE TO ZACHARY FISHER, a senior partner, Mr. O'Donnell represented a his retirement from the Naval Re­ variety of clients, from Liberty Mutual to serves. We wish him well.• THE 1998 PRESIDENTIAL MEDAL the government of Puerto Rico. OF FREEDOM RECIPIENT One lasting friendship that came from his • Mr. CLELAND. Mr. President, I rise legal work was with a partner of Salomon TRIBUTE TO THE 50TH ANNIVER- today to honor Zachary Fisher, who on Brothers, now Salomon Smith Barney. After SARY OF THE EMMY AWARDS Monday, September 14, 1998 will be pre­ Robert Rubin, now secretary of the treasury, asked Mr. O'Donnell for political advice in • Mrs. FEINSTEIN. Mr. President, I sented the Presidential Medal of Free­ Washington, a close friendship developed. He rise today to recognize the golden anni­ dom by President Bill Clinton at the also advised another Cabinet member, Sec­ versary of the Emmy Awards telecast Waldorf Astoria Hotel in New York retary of Housing and Urban Development from Los Angeles. For fifty years, hun­ City. Andrew Cuomo. dreds of the nation's brightest and The medal, which is the highest Mr. O'Donnell leaves his wife of 26 years, most popular personalities have at­ honor given to civilians by the Presi­ Kathryn Holland O'Donnell, and two chil­ tended this prestigious event to honor dent, is awarded annually to individ­ dren, Holly of Washington, D.C., and television excellence. uals who have made outstanding con­ Brendan of Scituate. A funeral Mass will be said at 11 a.m. Beyond the captivating glow of the tributions to the security or national Thursday in Holy Name Church in West Hollywood spotlight, the yearly awards interest of the United States or to Roxbury.• presentation is a celebration of Califor­ world peace, or those who have made a nia's thriving entertainment industry. significant public or private accom­ Television arts and production con­ plishment. TRIBUTE TO RITCH K. EICH UPON tribute billions of dollars to the Cali­ Zach and his wife, Elizabeth, have al­ HIS RETIREMENT AS U.S. NAVY fornia economy, generating rapid job ways felt strongly about the young REPRESENTATIVE TO THE ADJU­ growth, higher income, and greater tax men and women who serve in the U.S. TANT GENERAL, INDIANA NA­ revenues. Entertainment's significant Armed Forces. During WW II Elizabeth TIONAL GUARD financial impact can be attributed to served in the USO, entertaining thou­ • Mr. COATS. Mr. President, on behalf · the rising television and commercial sands of troops while they were away of Senator RICHARD G. LUGAR and my­ production within the state. Recent from home. Zach, unable to serve be­ self, I am pleased to offer this tribute studies confirm that payrolls and pay­ cause of a leg injury sustained in a con­ to Captain Ritch K. Eich, United ments for goods and services within the struction accident, assisted the U.S. States Naval Reserve. Captain Eich re­ entertainment industry currently con­ Coast Guard in the construction of tires in September after 30 years as a tribute over $27 billion to California's coastal defenses. reservist, the last three of which he economy. The Emmy Awards confer Although still active in his family's spent on active duty, representing the annual awards of merit to creative arts construction company, Fisher Broth­ Navy in the Office of the Adjutant Gen­ people in the television industry, as in­ ers, he has devoted his time and energy eral of the Indiana National Guard. centive to continue supporting the eco­ to his country and bettering the lives Ritch Eich has been a valued member nomic growth in California. of Americans. In 1978 he founded the of the Indiana team since 1989, when he Now celebrating its fiftieth anniver­ Intrepid Museum Foundation, in an ef­ started work for me as a member of my sary, the Emmy Awards was not al­ fort to save the historic and battle­ Service Academy Selection Committee, ways so celebrated and grand. The first scarred aircraft carrier Intrepid from screening and recommending prom­ awards banquet in 1949 was held at the scrapping. Through his efforts the ves­ ising Hoosier high school students as old Hollywood Athletic Club, with tick­ sel became the foundation of the In­ candidates for our nation's Service ets costing a mere five dollars. With trepid Sea Air Space Museum, which Academies. Three years ago, he took few stars in attendance, the program opened in New York City in 1982. on the additional responsibility of serv­ was not even televised nationally. The Through the Zachary and Elizabeth ing as the U.S. Navy's Liaison Officer ceremony was broadcast on local sta­ Fisher Armed Services Foundation, . for the State of Indiana, working in the tion KTSL beginning at 9:30 p.m. De- Zach has pledged to do all he can in 20074 CONGRESSIONAL RECORD-SENATE September 11, 1998 support of our nation's military and become part of the agenda in the (b) PURPOSES. - The purposes of this Act are­ their families, and to offer new oppor­ month of September. I would just in­ (1) to encourage the use of volunteers to assist tunities to our children, such as quire of the Senator as to his inten­ the United States Fish and Wildlife Service in the management of refuges within the System; through the educational programs at tions. (2) to facilitate partnerships between the Sys­ Intrepid, and as part of the Fisher Mr. LOTT. Mr. President, I will re­ tem and non-Federal entities to promote public House Program, to build homes for spond to the Senator that I am aware awareness of the resources of the System and families of hospitalized military per­ of the difficulties in the farm commu­ public participation in the conservation of those sonnel. nity in a number of States because of resources; and His newest effort is the Fisher Center weather problems but also because of a (3) to encourage donations and other con­ for Alzheimer's Research Foundation, number of problems involving falling tributions by persons and organizations to the System. founded in 1995 to fund research in, and prices and trade problems. It would be SEC. 3. GIFTS TO PARTICULAR NATIONAL WIW­ work towards a cure for Alzheimer's my intent that we act in that area be­ UFE REFUGES. disease. In partnership with David fore we go out at the end of this ses­ Section 7(b)(2) of the Fish and Wildlife Act of Rockefeller, Chairman of the Board of sion. 1956 (16 U.S.C. 742f(b)(2)) is amended- The Rockefeller University in New I think it is important that we start (1) by striking "(2) Any" and inserting the York, a new research center has been on it quickly, in a bipartisan way. I am following: founded to help develop a cure for this going to be working on that early next "(2) USE OF GIFTS, DEVISES, AND BEQUESTS.­ "(A) IN GENERAL.-Any"; and debilitating disease. week. (2) by adding at the end the following: Zach is also involved in many other Mr. DORGAN. Mr. President, that is "(B) GIFTS, DEVISES, AND BEQUESTS TO PAR­ charitable causes, including the Marine welcome news. I appreciate the co- · TICULAR REFUGES.- Corps Scholarship Foundation, the operation of the majority leader. We "(i) DISBURSAL.- Any gift, devise, or bequest Coast Guard Foundation, the Navy obviously are facing collapsed farm made for the benefit of a particular national League, the Jewish Institute of Na­ prices and as tough a time in farm wildlife refuge or complex of geographically re­ tional Security Affairs, the George C. lated refuges shall be disbursed only for the ben­ country as we have ever seen. I appre­ efit of that refuge or complex of refuges and Marshall Foundation, the Margaret ciate the response of the leader. without further appropriations. Thatcher Foundation, the Reagan "(ii) MATCHING.-Subject to the availability of Presidential Library, the United Jew­ appropriations and the requirements of the Na­ ish Appeal, and many other organiza­ NATIONAL WILDLIFE REFUGE SYS­ tional Wildlife Refuge Administration Act of tions. TEM VOLUNTEER AND PARTNER­ 1966 (16 U.S.C. 668dd et seq.) and other applica­ In addition to this year's Presi­ SHIP ENHANCEMENT ACT OF 1998 ble law, the Secretary may provide funds to dential Citizens' Medal, Zach has re­ Mr. LOTT. Mr. President, I now ask match gifts, devises , and bequests made for the ceived the 1995 Presidential Citizens unanimous consent the Senate proceed benefit of a particular national wildlife refuge or complex of geographically related refuges. Medal, presented by President Clinton, to the consideration of Calendar No. With respect to each gift, devise, or bequest, the and the Volunteer Action Award, pre­ 504, H.R. 1856. amount of Federal funds may not exceed the sented by President Ronald Reagan. The PRESIDING OFFICER. Without amount (or, in the case of property or in-kind Zachary Fisher truly exemplifies objection, it is so ordered. The clerk services, the fair market value) of the gift, de­ what it means to be a patriotic Amer­ will report. vise, or bequest.". ican, and continues to strengthen our The legislative clerk read as follows: SEC. 4. VOLUNTEER ENHANCEMENT. Nation and improve the lives of many A bill (H.R. 1856) to amend the Fish and (a) PILOT PROJECTS.- Americans. Mr. President, I ask that Wildlife Act of 1956 to direct the Secretary of (1) IN GENERAL.-Subject to the availability of you join me and our colleagues in rec­ the Interior to conduct a volunteer pilot appropriations, the Secretary of the Interior project at one national wildlife refuge in shall carry out a pilot project at 2 or more na­ ognizing and honoring Zachary Fisher tional wildlife refuges or complex of geographi­ on many years of worth-while work each United States Fish and Wildlife Service region, and for other purposes. cally related refuges in each United States Fish and achievements which have cul­ and Wildlife Service region, but not more than minated with the honor of receiving The Senate proceeded to consider the 20 pilot projects nationwide. the 1998 Presidential Medal of Free­ bill, which had been reported from the (2) VOLUNTEER COORDINATOR.-Each pilot dom. Zach Fisher is truly a remarkable Committee on Environment and Public project shall provide for the employment of a man and a first-rate American deserv­ Works, with an amendment to strike full-time volunteer coordinator for the refuge or ing of such an honor.• all after the enacting clause and insert­ complex of geographically related refuges. The ing in lieu thereof the following: volunteer coordinator shall be responsible for re­ FARM CRISIS PACKAGE cruiting, training and supervising volunteers. SECTION 1. SHORT TITLE. Mr. DORGAN. Mr. President, I won­ The volunteer coordinator may be responsible This Act may be cited as the "National Wild: der if the majority leader will enter­ for assisting partner organizations in developing life Refuge System Volunteer and Partnership projects and programs under cooperative agree­ tain an inquiry. Enhancement Act of 1998". At the conclusion of Senator BYRD's ments under section 7(d) of the Fish and Wild­ SEC. 2. FINDINGS AND PURPOSES. life Act of 1956 (as added by section 5) and co­ presentation, it is my intention to (a) FINDINGS.-Congress finds that- speak for a few moments on the agri­ ordinating volunteer activities with partner or­ (1) the National Wildlife Refuge System (re­ ganizations to carry out the projects and pro­ culture crisis, and I would just like to ferred to in this Act as the "System"), con­ grams. inquire of the majority leader, who I sisting of more than 500 refuges and 93,000,000 (3) REPORT.-Not later than 3 years after the know was supportive in July as we acres, plays an integral role in the protection of date of enactment of this Act, the Secretary of moved a $500 million indemnity piece the natural resources of the United States; the Interior shall submit a report to the Com­ out of the Senate dealing with the farm (2) the National Wildlife Refuge System Im­ mittee on Resources of the House of Representa­ crisis, I would like to ask the majority provement Act of 1997 (Public Law 105- 57; 111 tives and the Committee on Environment and Stat. 1252) significantly improved the law gov­ Public Works of the Senate evaluating and mak­ leader if he has some interest and some erning the System, although the financial re­ intention of allowing us to work on a ing recommendations regarding the pilot sources for implementing this law and managing projects. farm crisis package during the month the System remain limited; (4) AUTHORIZATION OF APPROPRIATIONS.­ of September. (3) by encouraging volunteer programs and There is authorized to be appropriated to carry The reason I ask the question, I know donations, and facilitating non-Federal part­ out this subsection $2,000 ,000 for each of fiscal that the Senator from Mississippi, the nerships with refuges, Federal funding for the years 1999 through 2002. majority leader, is trying to fit a lot of refuges can be supplemented and the System can (b) AWARDS AND RECOGNITION FOR VOLUN­ things into a very short window here, fully benefit from the amendments made by the TEERS.-Section 7(c)(2) of the Fish and Wildlife but I think he knows that Members on National Wildlife Refuge System ImpTOvement Act of 1956 (16 U.S.C. 742f(c)(2)) is amended- Act of 1997; and (1) by inserting "awards (including nominal this side and the other side coming ( 4) by encouraging refuge educational pro­ cash awards) and recognition, " after "lodg­ from farm country are having to deal grams, public awareness of the resources of the ing,"; and with an enormously difficult farm cri­ System and public participation in the conserva­ (2) by inserting "without regard to their sis. We hope very much that that will tion of those resources can be promoted. places of residence" after "volunteers". September 11, 1998 CONGRESSIONAL RECORD-SENATE 20075 (c) SENIOR VOLUNTEER CORPS.-Section 7(c) of 1966 (16 U.S.C. 668dd et seq.) and other applica­ The PRESIDING OFFICER. The the Fish and Wildlife Act of 1956 (16 U.S.C. ble law, the Secretary may provide funds to clerk will report. 742f(c)) is amended by striking paragraph (6) match non-Federal funds donated under a coop­ The legislative clerk read as follows: and inserting the following: erative agreement under this paragraph. With The Senator from Mississippi [Mr. LOTT], "(6) SENIOR VOLUNTEER CORPS.-The Sec­ respect to each project or program, the amount for Mr. CHAFEE, proposes an amendment retary of the Interior may establish a Senior of funds provided by the Secretary may not ex­ numbered 3578. Volunteer Corps, consisting of volunteers over ceed the amount of the non-Federal funds do­ the age of 50. To assist in the recruitment and nated through the project or program. Mr. LOTT. Mr. President, I ask unan­ retention of the volunteers, the Secretary may "(ii) USE OF FEDERAL FUNDS.-Any Federal imous consent that reading of the provide for additional incidental expenses to funds used to fund a project or program under amendment be dispensed with. members of the Corps beyond the incidental ex­ a cooperative agreement may be used only for The PRESIDING OFFICER. Without penses otherwise provided to volunteers under expenses directly related to the project or pro­ objection, it is so ordered. this subsection. The members of the Corps shall gram and may not be used tor operation or ad­ The amendment is as follows: be subject to the other provisions of this sub­ ministration of any non-Federal entity. On page 19, line 3, insert "Community" be­ section.". "(iii) OWNERSHIP OF FACILITIES.-Any new fa­ fore "Partnership". SEC. 5. COMMUNITY PARTNERSHIP ENHANCE­ cility, improvement to an existing facility, or On page 22, line 2, strike "complex" and in­ MENT. other permanent improvement to a refuge con­ sert "complexes". Section 7 of the Fish and Wildlife Act of 1956 structed under this subsection shall be the prop­ On page 22, line 10, insert a comma after (16 U.S.C. 742!) is amended by adding at the end erty of the United States Government. "training". the following: "(D) TREASURY ACCOUNT.-Amounts received On page 26, line 2, strike "purpose" and in­ "(d) COMMUNITY PARTNERSHIP ENHANCE­ by the Secretary of the Interior as a result of sert "purposes". MENT.- projects and programs under subparagraph (B) On page 29, line 20, strike "(d) and (e)," and "(1) DEFINITION OF PARTNER ORGANIZATION.­ shall be deposited in a separate account in the insert "(d), and (e)". In this subsection, the term 'partner organiza­ Treasury. Amounts in the account that are at­ Mr. CHAFEE. Mr. President, I am tion' means an organization that- tributable to activities at a particular refuge or pleased that the Senate is considering "(A) draws its membership from private indi­ complex of geographically related refuges shall H.R. 1856, a bipartisan bill that has tre­ viduals, organizations, corporations, academic be available to the Secretary of the Interior, mendous potential to improve manage­ institutions, or State or local governments; without further appropriation, to pay the costs ment and operations of the National "(B) is established to promote the under­ of incidental expenses related to volunteer ac­ standing of, education relating to , and the con­ tivities, and to carry out cooperative agreements Wildlife Refuge System by servation of the fish, wildlife, plants, and cul­ tor the refuge or complex otrefuges. " . supplementing scarce Federal dollars tural and historical resources of a particular SEC. 6. REFUGE EDUCATION PROGRAM DEVELOP­ with outside services and donations by refuge or complex of geographically related ref­ MENT. local groups and individuals. uges; and Section 7 of the Fish and Wildlife Act of 1956 As budgets continue to shrink, the "(C) is described in section 501(c)(3) of the In­ (16 U.S.C. 742!) (as amended by section 5) is Federal Government must look for al­ ternal Revenue Code of 1986 and is exempt from amended by adding at the end the following: ternative sources of funding and assist­ taxation under section 501(a) of that Code. "(e) REFUGE EDUCATION PROGRAM ENHANCE­ ance. Volunteers have helped the Ref­ "(2) COOPERATIVE AGREEMENTS.- MENT.- uge System since volunteer wardens "(A) IN GENERAL.-The Secretary of the Inte­ "(1) GUIDANCE.-Not later than 1 year after rior may enter into a cooperative agreement the date of enactment of this subsection, the staffed the very first refuge on Pelican (within the meaning of chapter 63 of title 31, Secretary of the Interior shall develop guidance Island, Florida in 1903. Since 1982, when United States Code) with any partner organiza­ for refuge education programs to further the the Fish and Wildlife Service (FWS) es­ tion, academic institution, or State or local gov­ mission of the National Wildlife Refuge System tablished a formal volunteer program, ernment agency to carry out 1 or more projects and the purposes of individual refuges the program has grown from 4,251 vol­ or programs tor a refuge or complex of geo­ through- unteers donating 128,400 hours of time graphically related refuges in accordance with .'(A) providing outdoor classroom opportuni­ to 28,800 volunteers donating more this subsection. ties for students on national wildlife refuges than 1.5 million hours in 1997. This 1997 "(B) PROJECTS AND PROGRAMS.-Subject to the that combine educational curricula with the figure represents almost 20 percent of requirements of the National Wildlife Refuge personal experiences of students relating to fish, System Administration Act of 1966 (16 U.S.C. wildlife, and plants and their habitat and to the all work done by the FWS on the Ref­ 668dd et seq.) and other applicable law, and cultural and historical resources of the refuges; uge System, amounting to about $14 such terms and conditions as the Secretary de­ "(B) promoting understanding and conserva­ million worth of services, at a support termines to be appropriate, the Secretary may tion of fish, wildlife, and plants and cultural cost of $780,000. approve projects and programs tor a refuge or and historical resources of the refuges; and The five refuges in my own state of complex of geographically related refuges that- "(C) improving scientific literacy in conjunc­ Rhode Island, which are managed as a "(i) promote the stewardship of resources of tion with both formal and nonformal education single complex, provide a wonderful il­ the refuge through habitat maintenance, res­ programs. lustration of how important these ef­ toration, and improvement, biological moni­ "(2) REFUGE PROGRAMS.-Based on the guid­ forts are. With only five full-time em­ toring, or research; ance developed under paragraph (1), the Sec­ ployees working among the five Rhode "(ii) support the operation and maintenance retary of the Interior may develop or enhance of the refuge through constructing, operating, refuge education programs as appropriate, based Island refuges, volunteers contributed maintaining, or improving the facilities and on the resources of individual refuges and the more than one-third of all work per­ services of the refuge; opportunities available tor such programs in formed on these refuges. At several of "(iii) increase awareness and understanding State, local, and private schools. In developing our refuges, the typical visitor will of the refuge and the National Wildlife Refuge and implementing each program, the Secretary interact with only volunteer staff. System through the development, publication, or should cooperate with State and local education The "National Wildlife Refuge Sys­ distribution of educational materials and prod­ authorities, and may cooperate with partner or­ tem Volunteer and Community Part­ ucts; ganizations in accordance with subsection (d).". nership Enhancement Act" lends much " (iv) advance education concerning the pur­ SEC. 7. AUTHORIZATION OF APPROPRIATIONS. needed support to the efforts of the pose of the refuge and the missi on of the System Section 7 of the Fish and Wildlife Act of 1956 through the use of the refuge as an outdoor (16 U.S.C. 742!) (as amended by section 6) is Service to maintain and operate the classroom and development of other educational amended by adding at the end the following: Refuge System. Specifically, it estab­ programs; or "(f) AUTHORIZATION OF APPROPRJATIONS.­ lishes pilot projects for the Service to "(v) contribute financial resources to the ref­ There is authorized to be appropriated to the hire volunteer coordinators; it also au­ uge, under terms that require that the net reve­ Secretary of the Interior to carry out subsections thorizes the creation of a Senior Vol­ nues be used exclusively for the benefit of the (b) , (c), (d) and (e) , $2,000,000 for each of fiscal unteer Corps, which is expected to be refuge, through donation of net revenues from years 1999 through 2004. ". part of the Service's existing volunteer the sale of educational materials and products AMENDMENT NO. 3578 program, and for which the Secretary and through encouragement of gifts, devises, and bequests. (Purpose: To make technical corrections to should explore coordination with Na­ "(C) FEDERAL FUNDING AND OWNERSHIP.- the bill) tional Senior Service Corps programs "(i) MATCHING.-Subject to the availability of Mr. LOTT. Senator CHAFEE has a operated by the Corporation for the appropriations and the requirements of the Na­ technical amendment at the desk. I ask National Service. In addition to en­ tional Wildlife Refuge Administration Act of for its consideration. couraging volunteer efforts within the 20076 CONGRESSIONAL RECORD-SENATE September 11, 1998 System, the bill encourages financial (1) the United States Fish and Wildlife and other migratory birds, and parts of mi­ contributions, community partnership Service (referred to in this Act as the " Serv­ gratory birds, for Native American religious initiatives, and educational programs ice")- purposes.''. (A) is responsible for storage and disposal Mr. LOTT. I ask consent the com­ to benefit the System. of items derived from fish, wildlife, and H.R. 1856 was introduced by Congress­ plants, including eagles and eagle parts, and mittee amendments be agreed to and man SAXTON on June 10, 1997, and sub­ other items that have become the property the Senate proceed to consideration of sequently passed by the House. On of the United States through abandonment the amendment offered by Senator June 26, 1998, I introduced a similar or forfeiture under applicable laws relating CHAFEE which is at the desk. bill, S. 2244, within 14 cosponsors. The to fish, wildlife, or plants; The PRESIDING OFFICER. Without Committee on Environment and Public (B) distributes many of those items for objection, it is so ordered. Works amended the House-passed bill educational and scientific uses and for reli­ The committee amendments were gious purposes of Native Americans; and agreed to. to conform with S. 2244, and I now ask (C) unless otherwise prohibited by law, AMENDMENT NO. 3579 that the Senate take up H.R. 1856 as may dispose of some of those items by sale, amended. I have been pleased to work except items derived from endangered or (Purpose: To make technical corrections) with Congressman SAXTON on this won­ threatened species, marine mammals, and The PRESIDING OFFICER. The derful initiative, and I urge expeditious migratory birds; clerk will report. approval by both the Senate and (2) under law in effect on the date of enact­ The legislative clerk read as follows: House, as well as by the President. ment of this Act, the revenue from sale of The Senator from Mississippi [Mr. LOTT], Mr. LOTT. Mr. President, I ask unan­ abandoned items is not available to the Serv­ for Mr. CHAFEE, proposes an amendment ice, although approximately 90 percent of the numbered 3579. imous consent the amendment be items in possession of the Service have been agreed to, the committee substitute abandoned; and Mr. LOTT. Mr. President, I ask unan­ amendment be agreed to, the bill be (3) making revenue from the sale of aban­ imous consent that reading of the considered read a third time and doned items available to the Service will en­ amendment be dispensed with. passed, the motion to reconsider be able the Service- The PRESIDING OFFICER. Without laid upon the table, the amendment to (A) to cover costs incurred in shipping, objection, it is so ordered. the title be agreed to, and that any storing, and disposing of items derived from The amendment is as follows: statements relating to the bill appear fish, wildlife, and plants; and On page 4, line 4, strike "plants" and insert at this point in the RECORD. (B) to make more extensive distributions " plant" . The PRESIDING OFFICER. Without of those items for educational, scientific, On page 4, line 6, strike the quotation and Native American religious purposes. marks and the following period. objection, it is so ordered. (b) PURPOSES.-The purposes of this Act The amendment (No. 3578) was agreed are to make proceeds from sales of aban­ Mr. CHAFEE. Mr. President, I am to. doned items derived from fish, wildlife, and pleased that the Senate is considering The substitute amendment, as plants available to the Service and to au- S. 2094, the Fish and Wildlife Revenue amended, was agreed to. thorize the use of those proceeds to cover Enhancement Act, a bill introduced by The bill (H.R. 1856) was considered costs incurred in shipping, storing, and dis­ my colleague Senator ALLARD and co­ read the third time and passed. posing of those items. sponsored by me. This bill represents a The title was amended so as to read: SEC. 3. USE OF PROCEEDS OF CERT.I\IN SALES. move towards efficient use of govern­ Section 3(c) of the Fish and Wildlife Im­ ment funds, and support for the valu­ " An Act to amend the Fish and Wild­ provement Act of 1978 (16 U.S.C. 742l(c)) is life Act of 1956 to promote volunteer amended- able programs carried out by the U.S. programs and community partnerships ( I) by striking " Notwithstanding" and in­ Fish and Wildlife Service with those for the benefit of national wildlife ref­ serting the following: scarce funds. uges, and for other purposes." "(1) IN GENERAL.-[Notwithstanding"l Sub­ Each year, the Service receives thou­ ject to paragraph (2) , notwithstanding"; and sands of items derived from fish, wild­ (2) by adding at the end the following: life and plants, such as boots, purses FISH AND WILDLIFE REVENUE "(2) PROHIBITION ON SALE OF CERTAIN and wallets, made from furs and skins. ENHANCEMENT ACT OF 1998 ITEMS.-In carrying out paragraph (1) , the Sec­ These items can be forfeited or aban­ retary of the Interior and the Secretary of Com­ Mr. LOTT. Mr. President, I ask unan­ merce may not sell any species of fish, wildlife. doned during enforcement of Federal imous consent the Senate now proceed or plants, or derivative thereof, for which the wildlife laws, and they are eventually to consideration of Calendar No. 522, S. sale is prohibited by another Federal law.". shipped to the National Wildlife Prop­ 2094. " [(2)] (3) USE OF REVENUES.-The Secretary erty Repository in Colorado. The Re­ The PRESIDING OFFICER. Without of the Interior and the Secretary of Com­ pository currently has about 450,000 objection, it is so ordered. The clerk merce may each expend any revenues re­ items, of which 200,000 can be legally will report. ceived from the disposal of items under para­ sold. graph (1), and all sums referred to in the first However, under current law, revenue The legislative clerk read as follows: sentence of section ll(d) of the Endangered A bill (S. 2094) to amend the Fish and Wild­ Species Act of 1973 (16 U.S.C. 1540(d)) and the from the sale of forfeited i terns go to life Improvement Act of 1978 to enable the first sentence of section 6(d) of the Lacey the Service for certain program oper­ Secretary of the Interior to more effectively Act Amendments of 1981 (16 U.S.C. 3375(d))- ations, while revenue from the sale of use the proceeds of sales of certain items. "(A) to make payments in accordance with abandoned i terns go to the General The Senate proceeded to consider the those sections; and Treasury. More than 90 percent of the bill, which had been reported from the "(B) to pay costs associated with- fish and wildlife items are abandoned, Committee on Environment and Public "(i) shipping items referred to in paragraph so that the Service would receive very (1) to and from the place of storage, sale, or little revenue from sales of items in its Works, with amendments; as follows: temporary or final disposal, including tem­ (The parts of the bill intended to be porary or permanent loan; Repository. stricken are shown in boldface brack­ "(ii) storage of the items, including inven­ The Repository was appropriated ets and the parts of the bill in tended to tory of, and security for, the items; $310,000 for operations last year. After be inserted are shown in italic.) "(iii) appraisal of the items; overhead and operations, only $30,000 s. 2094 "(iv) sale or other disposal of the items in was available for carrying out the pro­ accordance with applicable law, including grams that loan these items to schools, Be it enacted by the Senate and House of Rep­ auctioneer commissions and related ex­ resentatives of the United States of America in universities, museums, zoos for edu­ penses; cational purposes, and to Native Amer­ Congress. assembled, "(v) payment of any valid liens or other SECTION 1. SHORT TITLE. epcumbrances on the items and payment for ican groups for religious and ceremo­ This Act may be cited as the " Fish and other measures required to clear title to the nial purposes. Wildlife Revenue Enhancement Act of 1998" . items; and The bill would initially generate ap­ SEC. 2. FINDINGS AND PURPOSES. "(vi) in the case of the Secretary of the In­ proximately $1 million for the Service (a) FINDINGS.- Congress finds that- terior only, processing and shipping of eagles through the sale of items derived from September 11, 1998 CONGRESSIONAL RECORD-SENATE 20077 fish and wildlife that are currently The PRESIDING OFFICER. Without "(B) to pay costs associated with- stored by the Service. This money objection, it is so ordered. "(i) shipping items referred to in paragraph would be used to cover the costs of The amendment (No. 3579) was agreed (1) to and from the place of storage, sale, or storing and disposing of these i terns­ temporary or final disposal, including tem­ to. porary or permanent loan; which is now a financial drain on the The bill (S. 2094) was considered read "(11) storage of the items, including inven­ Service-and to fund the worthwhile the third time and passed, as follows: tory of, and security for, the items; programs benefiting education, re­ s. 2094 "(iii) appraisal of the items; search and Native American religious Be it enacted by the Senate and House of Rep­ "(iv) sale or other disposal of the items in and ceremonial purposes. resentatives of the United States of America in accordance with applicable law, including I would like to note that this bill Congress assembled, auctioneer commissions and related ex­ does not change existing authority SECTION 1. SHORT TITLE. penses; "(v) payment of any valid liens or other with respect to items that may be sold This Act may be cited as the "Fish and by the Service. Indeed, it clarifies that Wildlife Revenue Enhancement Act of 1998". encumbrances on the items and payment for other measures required to clear title to the other laws prohibiting the sale of fish, SEC. 2. FINDINGS AND PURPOSES. items; and plants or wildlife equally apply to this (a) FINDINGS.-Congress finds that- "(vi) in the case of the Secretary of the In­ law. Specifically, current law prohibits (1) the United States Fish and Wildlife terior only, processing and shipping of eagles the sale of items derived from threat­ Service (referred to in this Act as the "Serv­ and other migratory birds, and parts of mi­ ened and endangered species, marine ice" )- gratory birds, for Native American religious mammals, and migratory birds. (A) is responsible for storage and disposal purposes.''. In summary, I am pleased to cospon­ of items derived from fish, wildlife, and sor this bill with Senator ALLARD, and plants, including eagles and eagle parts, and urge the Senate and House to approve other items that have become the property ORDERS FOR MONDAY, of the United States through abandonment SEPTEMBER 14, 1998 it expeditiously. or forfeiture under applicable laws relating Mr. ALLARD. Mr. President, I would to fish, wildlife, or plants; Mr. LOTT. Mr. President, I ask unan­ like to say a few quick words in sup­ (B) distributes many of those items for imous consent that when the Senate port of S. 2094, the Fish and Wildlife educational and scientific uses and for reli­ completes its business today, it stand Service Revenue Enhancement Act. gious purposes of Native Americans; and in adjournment until 11 a.m. on Mon­ I have toured the Repository in the (C) unless otherwise prohibited by law, day, September 14. I further ask that Rocky Mountain Arsenal. I was im­ may dispose of some of those items by sale, except items derived from endangered or when the Senate reconvenes on Mon­ pressed by the instructional programs day, immediately following the prayer, the Fish and Wildlife Service runs from threatened species, marine mammals, and migratory birds; the routine requests through the morn­ that facility. It is obvious that the Re­ (2) under law in effect on the date of enact­ ing hour be granted and the time until pository serves a vital educational ment of this Act, the revenue from sale of 1 p.m. be equally divided for debate re­ role. The Service is trying to utilize abandoned items is not available to the Serv­ lating to the motion to proceed to S. their resources to educate and inform ice, although approximately 90 percent of the 1981, the Truth In Employment Act, the public about wildlife and wildlife items in possession of the Service have been with the time divided between Senator trade. The passage of this bill will abandoned; and HUTCHINSON and Senator KENNEDY or allow them to put 'to good use assets (3) making revenue from the sale of aban­ doned items available to the Service will en­ his designee. that are now just wasting away, and to I further ask consent that at 1 p.m. further their scholastic goals. able the Service- Another important reason for pas­ (A) to cover costs incurred in shipping, the Senate resume consideration of the sage of this bill is that it benefits the storing, and disposing of items derived from Interior appropriations bill. And I want fish, wildlife, and plants; and to emphasize at this point that it National Eagle Repository. They sup­ (B) to make more extensive distributions port the cultural and religious activi­ would be my intent, the early part of of those items for educational, scientific, next week, to be on the Interior appro­ ties of Native Americans. We all know and Native American religious purposes. how important Raptores such as Bald (b) PURPOSES.-The purposes of this Act priations bill Monday afternoon, Tues­ and Golden Eagles are to the various are to make proceeds from sales of aban­ day, Wednesday-until we complete ac­ tribes. The Service goes to great doned items derived from fish, wildlife, and tion. I know there have been other lengths to match the thousands of re­ plants available to the Service and to au­ issues that have necessarily been of­ quests they receive from Native Ameri­ thorize the use of those proceeds to cover fered this week on the Interior bill, and costs incurred in shipping, storing, and dis­ cloture votes, but I think next week it cans for these rare birds. Any assist­ posing of those i terns. ance that we can give them which will is important that we do get a focus on improve that already excellent oper­ SEC. 3. USE OF PROCEEDS OF CERTAIN SALES. the Interior appropriations and com­ Section 3(c) of the Fish and Wildlife Im­ plete action on that so that we can go ation will be a credit to the Congress. provement Act of 1978 (16 U.S.C. 742Z(c)) is I would like to thank Chairman to the remaining two appropriations amended- bills. CHAFEE, Ranking Member BAUGUS, and (!) by striking "Notwithstanding" and in­ their staff for their assistance on this serting the following: I further ask consent that at 5 p.m. bill. Several improvements wer:e made "(1) IN GENERAL.-Subject to paragraph (2), there be 30 minutes of debate equally during the committee process, and I be­ notwithstanding"; and divided, again related to S. 1981, with lieve the bill is the best possible solu­ (2) by adding at the end the following: the vote occurring on the motion to in­ tion to the funding and allocation "(2) PROHIBITION ON SALE OF CERTAIN voke cloture on the motion to proceed problem currently facing the Reposi­ ITEMS.-In carrying out paragraph (1), the to S. 1981 at 5:30 p.m. on Monday. Secretary of the Interior and the Secretary The PRESIDING OFFICER. Is there tory. of Commerce may not sell any species of I would urge my current colleagues fish, wildlife, or plant, or derivative thereof, objection? to support the passage of this bill, and for which the sale is prohibited by another Mr. BYRD. Mr. President, reserving I hope my former colleagues in the Federal law. the right to object, and I will not ob­ House will take up this matter and "(3) USE OF REVENUES.-The Secretary of ject, but there is some phraseology in pass it soon after they return next the Interior and the Secretary of Commerce the majority leader's request that I week. I thank the Chair. may each expend any revenues received from wish to inquire about. And I have noted Mr. LOTT. Mr. President, I ask unan­ the disposal of items under paragraph (1), the same phraseology in the requests imous consent the amendment be and all sums referred to in the first sentence from time to time lat ly, but at this of section ll(d) of the Endangered Species agreed to, the bill be considered read Act of 1973 (16 U.S.C. 1540(d)) and the first moment, since we are both on the the third time and passed, the motion sentence of section 6(d) of the Lacey Act floor, I will ask the question. to reconsider be laid upon the table, Amendments of 1981 (16 U.S.C. 3375(d))- What does the majority leader mean and that any statements relating to "(A) to make payments in accordance with when, in his request, he uses these the bill appear in the RECORD. those sections; and words, "the routine requests through 20078 CONGRESSIONAL RECORD-SENATE September 11, 1998 the morning hour be granted" ? What language- and I do have it before me remarks of Senators KENNEDY, DORGAN, does that mean? here- on February 10, 1997, I did point HATCH, and HUTCHINSON, and that, of Mr. LOTT. Mr. President, if I could out what the intent was here, the course, is after Senator BYRD com­ respond, that would mean that the rou­ phrase " the routine requests through pletes his statement. tine business such as the reading of the the morning hour'' are deemed to in­ The PRESIDING OFFICER. Without Journal, t hings of that nature, would clude the approval of the Journal to objection, it is so ordered. be deemed to have expired. date, the waiving of resolutions coming Mr. LOTT. I yield the floor. I thank Mr. BYRD. Mr. President, I will not over under the rule, the waiving of the Senator BYRD very much for his cour­ object on this occasion, but I think-I call of the calendar, and the expiration tesy. am not trying to create any problems of the morning hour. The PRESIDING OFFICER. The Sen­ for the majority leader. Because I was aware that this was a ator from West Virginia is recognized. Mr. LOTT. Sure. change and a shortening of that. But Mr. BYRD. Mr. President, I always Mr. BYRD. I have been in that posi­ we will take another look at it. We al­ appreciate the problems that the dis­ tion and I know I never· liked other ways certainly respect Senator BYRD 's tinguished majority leader has, and I Members to create problems for me­ suggestions and requests, and we will have a feeling of sympathy for him. It but they did, often. do so. is never my desire to throw up any That phraseology includes several Mr. BYRD. Mr. President, I thank roadblocks or attempt to create any i terns, especially for a Monday. the distinguished leader. It is not my problems for him unless I have very Mr. LOTT. It does. point here to quibble or to find fault good reasons to do so. I think there is Mr. BYRD. So I would like, in the fu­ with the leader. I appreciate the spirit a fine relationship between us, and I ture, if the distinguished majority in which he has accepted this. I can see want that to continue. I hope the lead­ leader would find it appropriate and that someone who really understands er has a great weekend. agreeable to do so, that that particular these rules, like myself, and I have for­ Mr. President, I know that Senator verbiage be a little clearer, as to just gotten probably more than I will ever DORGAN is waiting to get the floor. exactly what is meant. know again, I just want to protect the I believe I will need just a few more Mr. LOTT. I believe in the past, if I rights of all Senators, and I know that minutes. I ask unanimous consent that might respond to the Senator, that per­ the leader wishes to do that. So I hope I may proceed for an additional 15 min­ haps there had been a longer expla­ that there is no connotation of what I utes. nation as to what was included. Per­ am saying that appears to be sinister. Mr. DORGAN. Reserving the right to haps that is the way the Senator from I have no objection. object, and I shall not objec·t, what I West Virginia did it when he was ma­ would like to do is ask consent that jority leader. I think probably I may following the remarks of Senator have caused this by indicating or ask­ PROGRAM BYRD, I be recognized for 20 minutes, ing if we couldn't do that in a little Mr. LOTT. Mr. President, for the in­ and I also ask, on behalf of Senator shorter phraseology. But I will go back formation of all Senators, on Monday, KENNEDY, that he be recognized for 30 and take a look at the best way to say the Senate will debate the motion to minutes following my remarks. that, so that Members' rights are pro­ invoke cloture on the motion to pro­ The PRESIDING OFFICER. Does the tected and so that they will understand ceed to S. 1981, the truth in employ­ Senator from West Virginia make that what is being asked for there. ment legislation. part of his request? Mr. BYRD. Mr. President, if I In addition, the Senate will r esume Mr. BYRD. I do. may-- consideration of the Interior appropria­ The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ma­ tions bill, a very important bill for our objection, it is so ordered. jority leader has the floor. country and one I hope we can move Mr. BYRD. Mr. President, I thank all Mr. LOTT. I yield to the Senator through the regular process and get Senators and, again, I thank the distin­ from West Virginia. into conference so an agreement can be guished majority leader. Mr. BYRD. If I may ask the majority worked out. It is hoped Members will leader to yield, and I won't take long, make themselves available Monday but having been majority leader my­ afternoon if they intend to offer THE EPA'S PENDING NOx self, I know that there are a number of amendments to this very important EMISSIONS RULE things involved there, and there may bill. I am hoping, I believe maybe there Mr. BYRD. Mr. President, on July 16, be one particular item on a particular is one very important amendment that 1997, President Clinton directed the En­ occasion, and for a particular reason, can be offered Monday afternoon. I vironmental Protection Agency (EPA) that Senators would want to have oper­ hate to point it out, but I think we to review its nitrogen oxide (NOx) ative according to the usual rules. have one that could take a good bit of transport standards under the Clean I urge that we not-Mr. President, time, and we could have a vote on it Air Act. Subsequently, on November 7, that we not speed the operation up to late in the afternoon on Monday. 1997, the EPA announced a proposed the point that Senators' rights may be All Senators should be on notice that ozone transport rule to reduce the re­ eclipsed. And I am not suggesting that the first rollcall vote will occur on gional transport of ground-level ozone the majority leader intends that. He Monday beginning at 5:30, and that across a 22-state region of the eastern has already indicated- and I knew vote will be on invoking cloture on the United States, and the agency is now what he was doing-he was trying to motion to proceed to the truth in em­ poised to announce its final ruling on speed the operation up in a way that ployment bill. Additional rollcall votes NOx emissions and ozone transport. would be more efficient. But there are are possible following the 5:30 vote The 22 states that have been targeted things involved in that particular phra­ hopefully relating to possible amend­ by this rule are some of the nation's seology which might take 30 minutes ments to the Interior appropriations most heavily populated, and include a to discuss here if we started to do so. bill. I thank my colleagues for their co­ large concentration of major indus­ I just hope that the distinguished operation in that. tries, utilities, and automobiles. Senator will have his staff look at that Based on past experience, it is not language and that we might be able, surprising that the Environmental Pro­ Senators, to reserve their rights while ORDER FOR ADJOURNMENT tection Agency has, once again, de­ even agreeing to such a request, if the Mr. LOTT. Mr. President, if there is cided to pursue a heavy-handed and ar­ circumstances required it. no further business to come before the bitrary approach toward its regulation Mr. LOTT. Mr. President, certainly I Senate, I now ask unanimous consent of NOx emissions. While the EPA ar­ will review that again. I remembered, that the Senate stand in adjournment gues that its recommendations reflect when we made a modification in the under the previous order, following the the cooperative work of 37 states September 11, 1998 CONGRESSIONAL RECORD-SENATE 20079 through the Ozone Transport Assess­ The consequences of the EPA's deci­ has for its plant in Putnam County, ment Group (OT AG) process, OTAG ac­ sion for the Midwest and Appalachian wv. tually recommended a range of options states will be severe. For example, my West Virginians who previously had to be considered on a state-by-state own state of West Virginia is currently to leave the State for career opportuni­ basis. The EPA, in its proposed rule, in compliance for ozone. West Vir­ ties are now able to come back home to has chosen the most extreme of those ginians are proud of this record and are well-paying jobs that can comfortably recommendations-an 85% reduction in working hard to maintain a clean envi­ support their families. If this stiff new NOx emissions within the 22-state re­ ronment. Unfortunately, however, de­ rule goes into effect, families in West gion. Far from being a flexible, tailored spite this commendable record of com­ Virginia will find it harder to pay their reduction for individual states based on pliance, the EPA is proposing that electric bills; retirees on small pen­ their own contributions to the problem West Virginia reduce its NOx emissions sions will face choices that could of ozone and air quality, this is a dra­ by a whopping 44%. This is a huge over­ threaten their health and well-being; conian, one-size-fits-all, command-and­ night shift in policy- from compliance and companies, facing narrower profit control approach and does not take to gross under-compliance in the twin­ margins, may consider moving their into account regional differences. I am kle of an eye-which would force sig­ operations elsewhere because they concerned that this plan, which is ap­ nificant, costly changes to industries would no longer receive the benefits of parently based on insufficient sci­ and utilities in my state, but for what low-cost electricity. Further, commu­ entific information, poses potentially purpose? For what purpose? nities that have invested in new infra­ substantial harm to the economies of Mr. President, studies conducted by structure and have strained to help the affected states without delivering industry officials estimate that it will grow new and existing businesses could on the substantial environmental bene­ cost $500 billion for every 10% decrease see their economic base dwindle. I am fits it claims. in NOx emissions, costs that will be weary of regulations that lead to un­ A key concern with the EPA's rec­ passed onto consumers. If the EPA's necessary economic dislocation. I want ommendation is that it is based on proposal is implemented, electricity to be sure that the citizens of Appa­ modeling results that are inconsistent rates will climb precipitously in States lachia can afford to heat and light with modeling conducted by OTAG. like West Virginia, but this sacrifice their homes, and that they can receive The EPA has made a finding that Mid­ reportedly will do little to improve air reliable, consistent service from their west and Appalachian states signifi­ quality in the Northeast. According to utilities. I also want to be sure that cantly contribute to nonattainment in a recent study by the Alliance for each State recognizes and takes re­ the downwind states. The OTAG mod­ Clean Air Policy (ACAP), the EPA's sponsibility for its own air quality eling actually concluded that the air­ 85% reduction will require an initial in­ standards. But, I do not believe that a borne transport of ozone is only a vestment of $6 billion and an annual few States should have to shoulder the major concern within a radius of 150 compliance cost of $1.2 billion by utili­ economic burdens for the EPA's hypo­ miles of the emission source. Using the ties in the 22-State region. Other indus­ thetical air quality improvements. OTAG results, emissions of nitrogen try cost estimates are even larger. Certainly, there are better, more sci­ oxide from the Midwest and Ohio Val­ Businesses and consumers in the Mid­ entifically and economically sound al­ ley simply do not affect ozone levels in western, Appalachian, and South­ ternatives to the severe rule proposed the Northeast at a significant level, eastern States will bear the bulk of by the EPA. A number of alternative and the suggestion that emissions from these costs. Electric power utilities. proposals have been submitted that are the Mississippi area affect the eastern will be forced to install selective cata­ projected to reduce NOx emissions and seaboard is even more unjustified by lytic reduction equipment on a large at the same time meet the attainment the empirical evidence. The OTAG number of existing plants, but there is of the new 8-hour ozone standard in modeling indicates that the greatest little experience in the United States many states earlier than currently contributions to the ozone problem in with the use of this type of technology. scheduled. In fact, 13 Governors have the Northeast are emissions from What we do know is that selective submitted alternative strategies for ad­ sources in the Northeast and, particu­ catalytic reduction, SCR, technology is dressing this important issue. These al­ larly, from the growing numbers of extremely costly and will require dif­ ternative proposals include one by a automobiles congesting the roads and ficult retrofitting for many power­ group of six Governors, led by West filling the air with their fumes. As my plants over a period of several years in Virginia Governor Cecil Underwood, colleague, the senior Senator from order to meet the EPA's recommended who have submitted a very comprehen­ Rhode Island and Chairman of the En­ reductions. By all appearances, the sive proposal. Other similar alternative vironment and Public Works Com­ emissions reductions mandated by the proposals have been submitted individ­ mittee, said in an April 16, 1997, letter EPA in the Midwestern and Appa­ ually by the Governors of Kentucky, Il­ to EPA Administrator Carol Browner, lachian region are unjustified and they linois, Indiana, Missouri, North Caro­ " Contrary to a public belief too readily are unfair. lina, South Carolina, and Wisconsin. accepted without any evidentiary foun­ We sometimes forget that, too often, These alternative plans share the same dation, our problem does not come pri­ bureaucratic rules have major impacts core elements and represent aggressive marily from distant smokestacks in on a personal level. Electricity rates in steps to achieve a significant reduction the Ohio River Valley." West Virginia and the Midwest are con­ in NOx emissions. Recommendations based on OT AG's siderably lower than those of the The alternative recommendation put modeling ranged from targeted reduc­ Northeast. If the EPA issues its rule forth by the aforementioned coalition tions only in specified non-attainment forcing States to reduce nitrogen oxide of six Governors representing West Vir­ locations to the EPA's extreme choice emissions by 85%, Midwest and Appa­ ginia, Michigan, Ohio, Tennessee, Ala­ of an 85% reduction across the board in lachian utility rates will rise signifi­ bama, and Virginia is a very com­ all states. If the EPA forces the so­ cantly. Meanwhile, as much of the prehensive proposal. The first phase called "upwind" states like West Vir­ United States is enjoying the benefits recommends a 55 percent reduction of ginia, Ohio, Tennessee, Kentucky, and of a strong economy, the Appalachian NOx emissions by April 2002, followed Virginia to reduce their emissions by region is still struggling to pull itself, by a 65 percent reduction in NOx emis­ the recommended 85%, the effect will in some areas, out of poverty. In recent sions by April 2004. This alternative be economically harmful, yet will do years, West Virginia has aggressively would also require significant reduc­ little in the long run to reduce the sought out and won new business op­ tions from other large non-utility Northeast's ozone problem or improve portunities. sources by April 2003. By contrast, the its overall air · quality. This rec­ Toyota is making a very important EPA proposed an overall 85 percent re­ ommendation is neither equitable nor announcement even today, within the duction from major utility sources, 70 cost-effective. next hour, of additional plans that it percent from major industries, and 50 20080 CONGRESSIONAL RECORD-SENATE September 11, 1998 percent from small industries by May tion to work with the Governors to against the United States, except in Cases of 2003--a target few companies anticipate reach an environmentally and eco­ Impeachment. meeting without substantial costs. The nomically sound and common-sense so­ Article II, section 4: EPA's compliance schedule also may lution that is in the interest of our Na­ The President, Vice President and all civil threaten the reliability of electrical tion as a whole. Officers of the United States, shall be re­ supplies in these and adjacent States. Mr. President, how much time do I moved from Office on Impeachment for, and In the second phase, the coalition have remaining? Conviction of, Treason, Bribery, or other plan calls for assessing the reductions The PRESIDING OFFICER. The Sen­ high Crimes and Misdemeanors. that will be necessary to meet the new ator has 14 minutes. Article III, section 2, clause 3: EPA-mandated 8-hour ozone standard Mr. BYRD. I thank the Chair. The trial of all Crimes, except in Cases of by 2009-3 years ahead of the EPA's Impeachment, shall be by Jury .... schedule of 2010-2012. As proposed, the Now, Mr. President, my colleagues LET'S RESPECT OUR are all well aware of the very difficult assessment will be completed by 2001, CONSTITUTIONAL PROCESS the control requirements established path we may be starting down now that by 2003, and additional controls in Mr. BYRD. Mr. President, the Nation the Starr report has been received. The place in a reasonable period by 2007. is awaiting the public release of the House will take the first hard steps, I support initiatives like those put Starr report. The rhetoric concerning and the Senate may-! say, may-have forth by the 13 Governors. They dem­ the President's future has become to follow. If we hope to restore the con­ onstrate a spirit of cooperation and superheated, and is nearing the point fidence of the Nation in their Govern­ have numerous advantages. A phased of spontaneous combustion-and no ment, and in the Congress in par­ approach would avoid disruption in the one has even had a chance to read, let ticular, Members must be allowed to reliability of electricity services and alone reflect upon, all 445 pages of that carry out their task free from the kind would achieve substantial cost savings report. It will be all too easy for indi­ of hype and speculation and inflam­ for businesses and consumers. In rec­ vidual pages and charges to be pulled matory commentary that is swirling ognition of the limited impact of long­ out and waved around to fan these all around us. I say this as much to the distance ozone transport, NOx controls flames, but that does an injustice to public, perhaps even more so, and the for achieving the 8-hour emission the dignity and stature of this Nation. media, as I do to my colleagues. Give standard should be tailored at the So I would like to pour a little cold us the time and the elbowroom to live local, State, and regional levels. The water on these flames, and to urge ev­ up to our solemn constitutional obliga­ phased approach builds upon the OT AG eryone-all of us- to cool it. tion to the Nation. recommendations for addressing re­ The world was not created in a day. We, in the Senate, of course, do not gional transport concerns and would And we cannot rush that clock on the know at this point whether there will encourage allowance trading as a com­ wall, as much as some of us might like be any impeachment of the President pliance tool. Finally, a phased ap­ to do. The clock will take its time. And by the House of Representatives. That proach would be consistent with the time will move no faster, no slower remains in the hands of the other body. Clean Air Act requirements and would than it moved in the days of Adam and That is not i.n our hands. Only if and allow States to take the lead in devel­ Eve in the Garden of Eden. when the House were to formulate and oping technically sound strategies for With the receipt of this report, a very approve articles of impeachment would attaining the 8-hour ozone standard. grave constitutional process has begun. any articles then come to the Senate. Clearly, alternative proposals exist I want to emphasize that. Let me say it The Senate would then, and only then, that are achievable and that would pro­ again. With the receipt of this report, a under the Constitution, be called upon vide cleaner air for millions of Ameri­ very grave constitutional process has to make its judgment, up or down, cans sooner than would be provided in begun. And we need to respect that without amendment, on each article. the Clean Air Act, without the adverse process and all that it may mean for This is a very solemn matter and this economic consequences that appear in­ the Nation now and into the future. I Senator will not be influenced by the evitable as a result of the EPA's pro­ would like to outline that process, hype. I shall do my very best if that posal. Moreover, these types of alter­ which is covered in its entirety in just time comes- and it may never come, it native approaches are consistent with a few brief passages of the Constitu­ may never come-but if it were to, I the July 1997 Presidential Directive tion. And they are to be found on page would do my very best to render a fair calling for a flexible, common-sense ap­ 59 of my book on the Senate. Of course, judgment, not only to the person im­ proach to address this important and they can be found in the Constitution peached but also to the Nation, to the complex issue. itself. people, always keeping in mind the so­ The Governors have worked to craft Article I, section 2, clause 5: lemnity of the occasion and the kinds reasonable, science-based, balanced, The House of Representatives . . . shall of precedents and standards that we, and cost-effective proposals. I hope have the sole Power of Impeachment. ourselves, would be setting for all of that the White House will recognize Article I, section 3, clause 6: the generations to come. It is not going the spirit of cooperation and commit­ The Senate shall have the sole Power to to be a matter to be decided tomorrow ment that these Governors have made try all Impeachments. When sitting for that or next week or the next 2 weeks or the to air quality standards that address Purpose, they shall be on Oath of Affirma­ next 3 weeks in this Chamber. The both the environmental and the eco­ tion. When the President of the United other House will act as it sees fit, nomic interests of their States and sur­ States is tried, the Chief Justice shall pre­ based upon the evidence in the report. side: And no Person shall be convicted with­ rounding States. out the Concurrence of two-thirds of the We would be sitting as jurors if and I also hope that these alternative Members present. when articles of impeachment were proposals are given serious consider­ Article I, section 3, clause 7: ever sent to us by the other body. ation before any final action is taken It is a constitutional process. Let's to issue a new rule. Let us not get in Judgment in Cases of Impeachment shall not extend further than to removal from Of­ keep that in mind. We must be true to too big a hurry here. If a compromise is fice, and disqualification to hold and enjoy the Constitution, and true to the Na­ not reached regarding this very impor­ any Office of honor, Trust, or Profit under tion. We must be fair, and we must be tant matter, I am concerned that it the United States: but the Party convicted seen as having been fair. will be tied up in the courts and thus shall nevertheless be liable and subject to In­ Let me, in closing, read the oath prevent the States from taking the ac­ dictment, Trial, Judgment, and Punishment, which each Senator would be required tions to which they have committed according to Law. to take in the event-and I emphasize, themselves, while also delaying a real, Article II, section 2, clause 1: in the event-that the Senate were beneficial reduction of nitrogen oxide. The President shall. ..have Power to ever faced with an impeachment trial. Mr. President, I urge the administra- grant Reprieves and Pardons for Offenses The public should know that this is the September 11, 1998 CONGRESSIONAL RECORD-SENATE 20081 oath to which each Senator must sub­ as Grandparent's Day celebrates those what many of us older persons need scribe. in the autumn- ah, the autumn- of today- a wiser perspective of our Here is the oath. It is on page 61 of their lives. The first official national world. Narratives and demonstrations the document titled, " Procedure and observance of this holiday occurred in of the maxim " hard work works" have Guidelines for Impeachment Trials in September 1979- autumn, when the the power to convey and ingrain the the United States Senate," revised edi­ leaves are turning from green to gold principles of success that are eternal tion, prepared pursuant to Senate Res­ to red and to brown. verities. It is hard to imagine or recall, olution 439, 99th Congress, 2d Session, The statute creating Grandparent's with our cars, microwaves, cell phones, submitted by Senator ROBERT C. BYRD Day states that the purpose of Grand­ and laptops, just how hard our parents and Senator Robert Dole, by Floyd M. parent's Day is " to honor grand­ and grandparents labored to do things Riddick, Parliamentarian Emeritus of parents, to give grandparents an oppor­ that seem so simple today. We turn up the U.S. Senate and Robert B. Dove, tunity to show love for their children's a thermostat instead of chopping wood. Parliamentarian of the United States children, and to help children become But if one wants to warm himself Senate, August 15, 1986. aware of [the] strength, information, twice, he only needs to chop his own The form of oath administered to each and guidance [that] older people can wood. We hit "spellcheck" rather than Senator, as set forth under Rule XXV, is as offer." This is a day to celebrate shar­ retyping term papers. When faced with follows: ing between the generations. It is a day future adversity, growing children may I solemnly swear (or affirm, as the case for the older and younger generations look back on such nostalgia to carry may be) that in all things appertaining to to commune with one another. It is, them through their own trying times. the trial of the impeachment of [blank], now above all, a day to celebrate the fam­ I am lucky to share in my grand­ pending, I will do impartial justice· according to the Constitution and laws: So help me ily. children's lives, I feel the pride of being God. All too often in our increasingly fast­ a grandparent, and I recall Mrs. paced world, we fail to reflect. Perhaps McQuade's story. I remember how she How much time remains? on this Grandparent's Day we can found that some seniors were neglected The PRESIDING OFFICER. The Sen­ enjoy the leisure of reminiscing on ear­ and forlorn, living lives of lonely des­ ator has 39 seconds remaining. lier days and, in so doing, opening a di­ titution. Who knows, that may come to Mr. BYRD. Mr. President, I have alog between the generations. Such a any one of us in time. Sadly, for some, some remarks concerning Grand­ confabulation benefits all who partici­ this is still the case. parent's Day. I ask unanimous consent pate. Although many of their loved ones I may proceed for an additionallO min­ Sharing time with grandchildren pro­ may have passed on, other seniors, utes. vides the grandparent not only with thanks to advances in medicine and to The PRESIDING OFFICER. Without longed-for companionship, but also Federal programs that provide a safety objection, it is so ordered. may inspire great personal joy and a net of social services, continue to carry Mr. BYRD. I see no other Senators renewed 1i veliness. The young are like on. Many find ways to remain active in seeking recognition at the moment. a rejuvenating elixir, restoring a their communities, organizing events youthful spring in one's step. The or sharing their time with others. young possess a certain charm, remind­ Some have even taken on the burden of CELEBRATING GRANDPARENT'S ing us of what it feels like to be young raising their children's children or act­ DAY again, and through them the spirit is ing as surrogate grandparents to those Mr. BYRD. Mr. President, this Sun­ enlivened. The aged may even see in children who have lost their natural day is Grandparent's Day. Like Moth­ the younger generation certain remind­ grandparents or who never knew them. er's Day, this holiday has its origins in ers of their own early ambitions, and Our older Americans have sweated and the great State of West Virginia. The foresee the potential that these sprouts labored to defend and fight for our Na­ Presiding Officer at the moment is have to take root and grow. And when tion, educate our young, mine the fuel from Ohio, a distinguished Senator these seedlings begin to bloom, finding to keep our homes warm, and shelter from Ohio. He is a neighbor. His State their own success, there is no greater the values which we treasure the most. is a neighbor of ours. This holiday pride than that of the grandparent who A greater obligation to our venerable began in West Virginia. encouraged, who listened, and who ap­ matriarchs and patriarchs who have In 1956, a lifelong mountaineer and plauded along the way. And the major­ served as such wonderful role models to the wife of a coal miner, Mrs. Marian ity leader will see this one day, as he not one, but two, generations is our McQuade, was asked to assist in orga­ recently had a grandchild come into duty. nizing a "Past 80 Party." I would qual­ his family. This is why I am proud to add my ify for that party if it were held today. While grandparents' steps are enliv­ name as a cosponsor of a bill to reau­ Well, this group continues today to an­ ened by spending time with their thorize the Older Americans Act. This nually honor and celebrate octogenar­ grandchildren, the children learn upon Act helps to assess the needs of seniors ians and other seniors in West Vir­ which path these steps ought to be and provide services to fill these needs. ginia. Mrs. McQuade began gathering taken. Children, although they may, at Funding through this Act provides nu­ participants to join in these festivities times, view their elders as antediluvian trition, disease prevention, and in­ by contacting nursing homes. She and inveterate, will sit enraptured as home health service programs for the learned of the chronic loneliness that they listen to stories recounted by elderly. The Older Americans Act will many of the seniors in these homes ex­ their parents' parents. I remember how also provide for community service em­ perienced, and she was deeply sad­ they used to sit around me when I ployment for senior citizens with low dened. Her heartfelt concern engen­ played the fiddle. Oh, to live those days income, so that they may continue to dered the idea of a special day, a spe­ over again! demonstrate the strength of their work cific day to celebrate grandparents. The young will often, perhaps ethic. Furthermore, the Act will allow In May 1973, West Virginia became strangely, volunteer to assist with oth­ state and local aging agencies to oper­ the first State with a specially des­ erwise tedious chores to be by the side ate as advocates to promote the rights ignated Grandparent's Day. Five years of grandparents. From the tales told of older persons. As more and more later, Mrs. McQuade received a phone and the time spent tending to tasks to­ Americans enter the older generation, call from the White House. This call in­ gether, youngsters learn family his­ it is critical that the mechanisms formed her that President Carter had tory, and they ought to listen to it and which have provided assistance con­ signed a law that designated the first they ought to be interested in that tinue to be able to lend support. We Sunday after Labor Day as National family history. They learn family his­ must not forget the lessons which Grandparent's Day. The holiday was tory, traditions, and glimpse a wiser these men and women have passed on shifted to the fall for symbolic reasons, perspective of their world. Also, that is to us and to our children. To do so 20082 CONGRESSIONAL RECORD-SENATE September 11, 1998 would be to debase their contribution body. When THOMAS Jefferson made the the Missouri, all the way around to to the prosperity of our own posterity. Louisiana Purchase, which was fairly President Jefferson, and, of course, it The generous contributions our seniors controversial at the time, let me read came back in by jet airplane nearly 200 have made will continue to propagate to you what Daniel Webster said. Re­ years later. long after the grandchildren of today member; this a part of the country I tell you that just to say that this is leave this world. Remembering our that I come from. About that Lou­ a wonderful, remarkable country, and older Americans, and the importance of isiana Purchase, Daniel Webster said: in our part of the country, which is their influence on many young, fresh What do we want with this vast, worthless called the farm belt, a rural area of the 1i ves, is perhaps the most apt offering area, this region of savages and wild beasts, country, we are having an enormous we can bestow as we celebrate Grand­ of desert and shifting sands and whirlwinds, amount of difficulty, one that requires parents' Day. of dust, cactus, and prairie dogs? What can this Congress' attention. we ever hope to do with this western coast, Mr. President, I yield the floor. In a coast of 3,000 miles, rockbound, cheerless, There are two things that are of doing so, may I thank my friend from uninviting, and not a harbor on it? What use great concern to us. North Dakota, Mr. DORGAN, for his pa­ do we have for this country? The collapse of grain prices means tience, and all others on whose time I Daniel Webster is not considered that we see the threatened loss of thou­ have transgressed. thoughtless because he made this sands and thousands and thousands of I thank him also for his contribu­ statement. But it is quite clear, I sup­ families who now live out on the fam­ tions to the work of the Nation, for his pose, to all of us now that he missed ily farm. Grain prices have flat out col­ knowledge, for his clearheadedness, for the mark some. lapsed. Crop disease has come and vis­ his evenhandedness, and for the inspi­ "What do we want with this vast, ited our State -the worst crop disease ration that he gives to me and all of worthless area?" of the century at the same time that my colleagues. Gosh. What a remarkable part of our ·grain prices have collapsed. And, on Mr. DORGAN addressed the Chair. country that Louisiana Purchase be­ top of that, these farmers also fail be­ The PRESIDING OFFICER. The Sen­ came. cause of unfair trade, unfair trade ator from North Dakota is recognized Then a couple of years after Daniel which helps cause the gTain price col­ for 20 minutes. Webster asked this question about that lapse; an enormous amount of unfair Mr. DORGAN. Mr. President, let me part of America, Thomas Jefferson sent trade, unfair trade that no one seems thank the Senator from West Virginia Lewis and Clark to explore that area, to be interested in doing anything for his kind words. He always contrib­ and it was one of the great expeditions about. utes immensely to this Senate when he in the annals of American history. That brings me to the point I want to rises and speaks to the Senate and to Lewis and Clark, on May 14th, 1804, make today dealing with our trade the American people. I am enormously left St. Louis, MO, with 44 men and 120 problems, especially with our neigh­ proud to serve with Senator BYRD, as I gallons of whiskey, by the way, pur­ bors to the north-the Canadians-but have indicated on previous occasions. chased with government vouchers. The these trade problems relate to Mexico, President said, "Buy whatever you to France, to China, and to other coun­ need." I have made jokes about the tries as well. THE FARM CRISIS need to purchase 120 gallons of whiskey Let me describe the problems just Mr. DORGAN. Mr. President, I come to get them through certain States. briefly, as I have before, and then tell to the floor today to talk briefly about But I will not repeat those jokes here. you why I am especially interested a couple of issues that are of critical I do that only because I think it is in­ today. importance to the country, and espe­ teresting to study the history of that Trade agreements: There are those cially to that part of America that I Lewis and Clark Expedition. It was a talking about this mantra of free trade come from-North Dakota, the farm remarkable expedition. saying let's do more free trade agree­ belt. It is an important part of our In April of 1805--April 7, to be exact­ ments, and the more we trade, the bet­ country. Our country is made up of after Lewis and Clark had gone from ter off we are, and the better it is for many parts- of cities, of country, of St. Louis up to what is now near our country. Trade statistics show that family farms, of main streets, and Washburn, ND, and spent the entire as we negotiate these agreements, small businesses. But we are going winter with the Mandan Indians, before agreement after agreement, whoever is through a very, very tough time in they began the next portion of their negotiating these agTeements must not rural America. journey to the West Coast, April 7, 1805, be keeping their eye on the ball, be­ I asked the majority leader some mo­ Captain Lewis wrote a letter to Thom­ cause agreement after agreement we ments ago on the floor of the Senate as Jefferson. That letter-a six-page see deeper and deeper trade deficits for about the ability to deal with this farm letter- was put on a keelboat with this country. crisis through some action by this Con­ some soldiers and sent down the Mis­ I ask those who negotiate our agree­ gress before we adjourn. I was im­ souri back to St. Louis, then down to ments: Is there any chance you might pressed that he indicated that it is his New Orleans by boat, then to Wash­ negotiate a trade agreement that is in intention for us to take up legislation ington, DC, to Thomas Jefferson. And our country's best interest just once; to address this farm crisis once again then we never heard another word from something that benefits our country as we did in the month of July. It is an Lewis and Clark for 17 months. Then instead of deepens our trade deficits? urgent situation. we discovered on the conclusion of that The economic all-stars in trade have The future of many family farms and remarkable expedition that they had become America's family farmers. We the future of many families living out been to the West Coast and back. And have an abiding and abundant trade in rural America depends on this Con­ they told us what they found in this re­ surplus in agricultural commodities gress stepping up and making the kind markable country of ours. and products. But that is shrinking, as of decisions that will give them the op­ That letter, by the way, just for in­ you can see. That is shrinking because portunity to make a decent living on terest sake, was never viewed by the the trade agreements that have been the family farm. public until a couple of months ago. developed over the years with other When I talk about my part of the That letter, in a special effort by the countries-the Canadian agreement, country, or our part of the country, I Library of Congress, is now being Mexican, and others-have not been in am reminded of something that Daniel viewed publicly at an Interpretation the interest of our farmers. They have Webster said. He was one of the giants Center of Lewis and Clark near created a bifurcation of trade strategy of this institution. In fact, his portrait Washburn, ND, with all proper secu­ so that we become a sponge for vir­ is on the wall out here in the reception rity, about a mile from where Captain tually anything anyone wants to send room of the U.S. Senate. He is recog­ Lewis wrote the letter in the year 1805 into our country, even if it is sent here nized as a giant in the history of this on April 7. He sent it by keelboat down unfairly. And we increasingly cannot September 11, 1998 CONGRESSIONAL RECORD-SENATE 20083 get our products into other countries' compete, you compete against a plant that prices are collapsing is this grain markets. The result is that the agricul­ in some country tens of thousands of from Canada, durum, wheat, barley, is tural trade surplus, which once was miles away that doesn't have any re­ flooding through our back door because healthy and which once reflected the striction on dumping chemicals into of a trade agreement that was, again, one bright spot on our trade picture, is the air, chemicals into the water, hir­ incompetently negotiated. now itself diminishing. ing kids or having unsafe factories. It is unfair trade, in my judgment. Our foreign debt grows to finance And so they increase corporate profits, That is quite clear. It is sent here by a this trade deficit. You know what red make cheaper products and ship them State trading agency in Canada which means, and I have shown many of these here and compete unfairly. would be illegal in this country. A charts before that show that the trade I ask our trade ambassadors to de­ State trading monopoly in Canada debt is increasing and increasing dra­ fend that; defend that. And if you would be illegal here. It sends that matically. can't, then don't go negotiate another grain with secret pricing. By the way, Now, we have a U.S. trade ambas­ treaty for this country unless you can we don't have secret prices here. Their sador's office that negotiates trade demonstrate to the American people prices are secret, and yet our trade treaties. I voted against, I guess, the you are willing for a change, for once, agency refuses to lift a finger, doesn't last three or four of the treaties they to stand up for this country's economic lift a finger. And they boast about all have negotiated. They went and nego­ interests. the work they are doing. tiated one with Canada and, fundamen­ Now, there will be some people in Senator BYRD once talked about tally, in my judgment, sold out the in­ this town who will listen to this, and Aesop's fly. It probably fits here. terests of American farmers. I think I they say, well, this guy is some Aesop's fly, sitting on the axle of a can demonstrate it; I think I have. xenophobic isolationist, and that is chariot observing, "My, what dust I do Then they negotiated NAFTA with what all this language is about. I am raise." Yes, my, what dust this USTR Canada and Mexico. Same thing-a not that: we need to find a foreign does raise. It is not even relevant to wholesale exodus of American jobs. home for much of what we produce in what is going on. The fact is, there are They negotiated GATT-fundamentally farming today. levers, there are opportunities, for our unsound in the way it was negotiated I want expanded trade, I want ex­ agencies to use, including the USTR, to to protect our producers' economic in­ panded trade opportunities around the stand up and fight for fair trade for our terests. I am not talking about being world, but I am flat out sick and tired producers, our farmers, and our manu­ protectionist now. I am talking about of our farmers and our business men facturers, and they consistently refuse to do it. standing up for the economic interests and women being consigned to trade I will have more to say about this of our producers to say, if you must internationally in a circumstance specifically next week and specifically compete-and that is a worthy objec­ where our trade negotiators have nego­ about USTR and specifically about the tive-then we will make sure the com­ tiated trade agreements that, A, are in­ trade agreement with Canada. I will petition is fair. competently negotiated so they put us have more to say about it next week. Has that happened in all of these re­ at a disadvantage and, B, totally non­ But this country and this Congress cent trade agreements? Not at all. Be­ enforced, unenforced. They won't lift a should not allow this to continue cause these folks are interested in ne­ finger to enforce a trade agreement where our producers are confronted gotiating agreements, some kind of that I can see. with unfair trade circumstances. We ei­ trade agreements that comport with This morning I read in the paper that ther ought to expect an agency to some notion of free trade they have, a our steel industry is going to file an ac­ stand up and fight trade fairness or get notion that is foreign to the folks tion alleging that there is dumping rid of the agency; just get rid of it. where I grew up. going on in this country. I don't even Stop pretending. Is it free trade to say to an American know much about it, but I say to the Mr. President, I mentioned Canada. I producer, you go ahead and produce a steel industry, sign me up as a sup­ could talk about beer, Mexican beer product, then ship it to a marketplace porter. It is about time people start coming north and American beer not and try to sell it? And by the way, you standing up for their interests and de­ going south. That is liquid barley, I are going to compete with a manufac­ manding that trade competition be fair guess. You know that is where beer turing plant in Sri Lanka or Indonesia competition. comes from. I could talk about looking or Bangladesh, and they are going to The first 25 years after the Second at trade through the eye of a potato, hire 14-year-old kids and pay them 14 World War, trade policy could be for­ whole potatoes south, french fries cents an hour; they are going to work eign ·policy and we could tie one hand north with the Mexican agreement. Or them 14 hours a day, and they are behind our back and beat anyone, any­ maybe we could do it with something going to make that product dirt cheap time, anywhere. That was fine. War­ everybody understands- Beanie Babies. so they can increase their corporate torn Europe was trying to restore You go stand at the border and see a profits; they are going to ship that itself, and we were dealing with weak convoy of trucks coming south with product to Philadelphia, Los Angeles, competitors. That is not true anymore. millions of bushels of Canadian grain, Pittsburgh, or Fargo, and you, Mr. and Now we have shrewd, tough inter­ coming into a country that already has Mrs. Producer, compete with them, go national competitors, and the fact is too much grain, and the result is prices ahead, compete with them. Is that fair our trade policy is still half foreign are collapsed. And at the same time trade? Absolutely not. policy and our negotiators and our those convoys of trucks and railroad Or how about saying to a mom and trade agencies don't seem to give a cars with millions of bushels of Cana­ pop operation in this country that is whit about either negotiating good dian grain are coming into our coun­ producing a product, you produce a agreements or enforcing the agree­ try, trading unfairly, incidentally, at product, but we need to make sure you ments we have. the same time that happens, try to are not polluting our air, not polluting That brings me to the issue of Can­ bring a Beanie Baby in, and they stop our water, not hiring kids, and you ada especially. While our farmers face you at the border and say, oh, no, you don't have unsafe plants? collapsed prices and are having auction can only bring one-one. You only get So we have restrictions on air pollu­ sales the Trade Representative does one Beanie Baby to come across the tion, restrictions on air and water pol­ nothing. You can go to those auction border. lution, we have child labor laws, and sales and see the tears those farmers So we are willing to stand up for we have worker safety provisions. And cry because they have lost more than a cloth dolls filled with beans but not for then we say, you produce that product farm and a home; they have lost their family farmers whose lives, whose eco­ under those conditions-and I support hopes, their dreams and everything nomic lives are threatened, who are all of those conditions, by the way­ they wanted to do in life. And one of going out of business in record num­ and then go compete, and when you the reasons that that is happening and bers, going out of business so fast that 20084 CONGRESSIONAL RECORD-SENATE September 11, 1998 they have had to call auctioneers in employment rate continues to be down. stituency, the money center banks. my State out of retirement to handle The Consumer Price Index has gone But there is no reason, given the eco­ the auction sales. way down too. The core rate with re­ nomic circumstances in our country Am I upset about this? Yes. I am spect to the CPI is 2.2 for the last 12 today, for them not to put interest upset because I am a part of a system months ending in July. rates where th,ey belong, given the cur­ here that anticipates that those in the Finally, the real Federal Funds Rate, rent rate of inflation, and that would system will do what they are supposed that is the short-term interest rate, ad­ augur not for an interest rate increase to do, and I am especially upset with justed for inflation, that the Federal on September 29, but a cut. the U.S. trade ambassador's office. It is Reserve Board sets, is 3.9 percent, the Here are the folks. Here are their not new. I have been upset with them highest it's been in nine years. When names. You could put them in a barrel for years. But there is a new energy at inflation is way down here and the Fed­ and shake them all up and you would this point because they are sitting on eral Funds Rate, the real interest rate, still have a gray suit, somebody with their hands doing essentially nothing is up here, you ask the question: Why? an economics background, no one from while our farmers are going out of busi­ Let me see if I can answer that ques­ my part of the country, and no one who ness. And there is a real and abiding tion and give just a bit of advice to the has ever fixed anything or built any­ problem that all of us understand that Federal Reserve Board. thing. they refuse to take action to deal with The Federal Reserve Board is doing In fact, we have a vacancy now, and it. its best imitation of petrified wood. It I said I would like my Uncle Joe to be I will revisit this subject next week, is not a tough imitation for them. All considered for that. My Uncle Joe early next week on the floor of the you have to do is look at the Federal doesn't have any particular skills that Senate and have more to say about the Reserve Board and it resembles the would suggest him for the job, but he USTR with some specifics, and also Petrified Forest. In fact, what I would used to fix generators and alternators, about Canada. like to do is, just for those who might so he has run a business and worked But I wanted to make the point be watching or those who might be in­ with his hands. He fixes things. Nobody today, once again, that as part of the terested, I would like to show them the here represents producers. Nobody on response to the farm crisis that I asked Federal Reserve Board's Governors and the Federal Reserve Board has an un­ Senator LOTI' about today, we must regional bank presidents, because they derstanding, in my judgment, about deal with strengthening prices. We don't get enough attention. the productive side of our economy. must deal with an indemnity program Here is who they are, here is where My Uncle Joe is not going be seri­ that Senator CONRAD and I got passed. they are educated, largely their experi­ ously considered, I suppose. But what But we must also deal with the trade ence, and this is how much money they we will probably find is this adminis­ component, because we can't continue make. This is who sets interest rate tration, like all others, will find some­ to try to find a way to deal with policy in this country; interest rate body who looks just like this, same strengthening prices and finding new policy which now has short-term rates color suit, Ph.D. in economics. Cer­ markets overseas for our grain prod­ too high and therefore the prime rate tainly nobody from the Upper Midwest ucts and then have a flood or an ava­ and other interest rates is too high. where they have been farming or their lanche of grain coming through our Jerry Jasinowski, President of the folks have run a small business or any­ back door, unfairly traded into our National Association of Manufacturers, thing like that. country. says: I guess the point I wanted to make That is not fair to farmers. They Interest rates are a dangerous drag on the today is, as we head towards Sep­ ought to expect more. I certainly ex­ economy in view of the fact that 113 of the tember 29, all of the evidence suggests pect more. And the President ought to world is in a recession. that we ought to be seeing a cut in in­ expect more from the U.S. Trade Am­ He calls on the Fed to cut interest terest rates. I should confess that I ac­ bassador's office, and as I said, I will rates. tually used to teach economics a bit in have more to say about that early next Dr. Sung Won Sohn, Norwest Cor­ college. I have been able to overcome week. poration: that and lead a reasonably productive If the Fed were to cut interest rates today, life. All I ask from the Federal Reserve it would help ease the farm crisis, which has Board is to look at this from the stand­ THE FEDERAL RESERVE BOARD become critical because of low commodity point of this country's long-term eco­ Mr. DORGAN. Mr. President, let prices, bad weather, crop disease, and so on. nomic health and the economic facts briefly turn to one additional subject. James Glassman-! don't quote him that are now self-evident. That is the question of interest rates very often, but James Glassman says: There is nothing that could persuade and the Federal Reserve Board. I want [Interest] rates are not really as low as a couple of these people, as I under­ to talk about this because it also af­ they seem. After adjusting for inflation, stand they still believe that we ought fects farmers-not just farmers, but all long-term rates are high, and short-term to have higher interest rates except producers and all Americans. There is a rates are even higher .... The longer the that they must represent some narrow lot of discussion these days about what Fed waits (to cut rates), the closer a serious self-interest for the money center is happening to the economy in our slowdown, or recession, becomes. banks. Certainly most of them ought country. We have plenty of challenges. Mr. President, the Federal Reserve to be able to look at the facts and un­ But it is also hard to miss some good Board's Open Market Committee will derstand we need-and this country de­ news. The unemployment rate has gone meet on September 29. Two of these serves and our economy requires-a way down. And the Federal Reserve folks still probably think that interest lowering of Federal Funds rate and Board, as most of us will recall, said: rates ought to be increased, despite the therefore a lowering of the prime and Now be careful, because if the unem­ fact that our economy is slowing down other interest rates that represents ployment rate ever falls below 6 per­ and the real interest rates are far too where we ought to be, given the histor­ cent there is a natural rate here below high now. It might serve the money ical interest rates and declining infla­ which we will get new waves of infla­ centers' bankers' interests. It certainly tion. tion; go below 6 percent, the Fed said, does not serve the interests of the pro­ Mr. President, I understand that and we are going to have inflation ducers in this country. And there has when you come down and are even ob­ problems. been, for 200 years in this country, a liquely critical of the Federal Reserve Of course, the Fed was dead wrong. tension between those who produce and Board, it is like taking on the last · We have had unemployment below 6 those who finance production. At this American dinosaur. I regret that I do percent for 4 years now. Inflation has point, with this crowd, it tilts in favor that. But it is the last part, the last in­ not gone up, it has gone down. But this of those who believe it might be in the stitution that remains impervious to is good news for the economy. The un- interests of the Fed to serve their con- the broader public interest. Some September 11, 1998 CONGRESSIONAL RECORD-SENATE 20085 think that the Fed is a hero for what­ distinguished professor of internal My heart goes out to his wife Linda, ever has happened in our economy. I medicine at the University of Utah, but to his children, and to his extended don't happen to view it that way. I also as a leading expert in the field of family, including his colleagues, during think they view themselves as a set of cardiovascular genetics. what I know is a most difficult time. human brake pads, and they keep their In fact, at the time of his death, our They will all be in our thoughts and foot on the brake-and good for them. Utah scientist was on his way to Gene­ prayers. Except that what we have now is a va to chair an international panel of We know that they will be blessed be­ need to put interest rates back where the World Health Organization, which cause of the lives that they live as they ought to be for producers and is working to promote the prevention well. farmers and others, given the fact that of premature death through early diag­ This was a great man, a person who overall inflation is down at 1.7 percent nosis of genetic cholesterol abnormali­ had unlimited potential. It is hard to over the last twelve months and only ties. understand why a life like this-indeed 1.5 percent since the beginning of this Dr. Williams was the founder and di­ lives like all the others on that plane­ year. rector of the University of Utah's Car­ were snuffed out. The fact of the mat­ Today's announcement was that the diovascular Genetics Research Clinic, ter is that, believing in a life hereafter Producer Price Index for finished good which fosters collaborative investiga­ and believing that there is a God who in August fell 0.4 percent. This means tions involving numerous fields of med­ rewards people for the works that they that producer prices have fallen 1.6 per­ icine. do on this Earth, I have no doubt that cent over the past twenty months. All He was the author of more than 200 Roger Williams will be with our Father these numbers augur very hard for the professional publications and a fre­ in Heaven as one of his chosen people. Federal Reserve Board to do something quent chair of National Institutes of It is my prayer all the passengers on that some suggest they are not pre­ Health advisory committees. But what I remember most about Dr. flight 111 will be as well. pared to do. I ask Fed Chairman Green­ Williams was his abundant spirit, his I personally express my gratitude span and others to see if they can't do and appreciation for what Roger Wil­ what some people now don't expect tremendous enthusiasm for life and for his work, an exuberance that was vir­ liams has meant to this country, what them to do, but do the right thing: On tually impossible not to get caught up he has meant to the University of September 29, we reduce those interest in. Utah, what he has meant to our State, rates. I can recall many occasions when he and what he has meant to so many Several of us in Congress are consid­ visited my office to educate, cajole­ other persons. ering offering at least a sense-of-the­ and even plead-for an enhanced Fed­ Congress resolution to send a message eral commitment to research on the U.S. FOREIGN OIL CONSUMPTION to the Fed. Who knows whether it will genetic basis of familial cholesterol get through the door there, but at least FOR WEEK ENDING SEPTEMBER problems. 4TH send a message to say here is what we In fact, earlier this year, Dr. Wil­ think. Interest rates have a significant liams' and I began work to design a Mr. HELMS. Mr. President, the impact on virtually every family in program leading to the diagnosis and American Petroleum Institute has re­ America, on every producer, business treatment of the unmet needs of many ported that for the week ending Sep­ and farmer in this country. And my thousands of persons with strong famil­ tember 4 that the U.S. imported hope is that at the end of this month, ial predisposition to preventable early 8,549,000 barrels of oil each day, 998,000 given the uncertainty we face in the deaths. barrels a day more than the 7,551,000 world, given the numbers from the last It is ironic that Dr. Williams' prom­ imported during the same week a year quarter here in this country showing a ising research was so abruptly hal ted ago. slowing of our economy, and given the by his own premature death. Americans relied on foreign oil for historical low rate of inflation and the Mr. President, I am grateful for these 57.2 percent of their needs last week. fact that we are now overpaying be­ opportunities to have worked with There are no signs that the upward spi­ cause of the Federal Funds Rate, the such a fine man, a man who did so ral will abate. Before the Persian Gulf Federal Reserve Board will finally do much for our State, our country, and War, the United States imported about the right thing. indeed, the world at large. 45 percent of its oil supply from foreign Mr. President, I yield the floor. Dr. Roger Williams will truly be countries. During the Arab oil embargo The PRESIDING OFFICER. The Sen­ missed-not only because of his con­ in the 1970s, foreign oil accounted for ator from Utah. tributions to science and medicine, only 35 percent of America's oil supply. which brought him international ac­ All Americans should ponder the eco­ nomic calamity certain to occur in the TRIBUTE TO DR. ROGER WILLIAMS claim-but also because he was simply a good, decent man who always wanted U.S. if and when foreign producers shut Mr. HATCH. Mr. President, I rise to be fair. off our supply-or double the already today in tribute to a great Utah man of It is hard to forget a statement made enormous cost of imported oil flowing science, Dr. Roger R. Williams, whose by his son last week that captured the into the U.S.: now 8,549,000 barrels a life came to a tragic end last Wednes­ true essence of Roger Williams. day at a cost of approximately day in the horrific crash of Swissair Tom Williams remarked that his fa­ $100,963,690 a day. Flight 111. . ther was known to say "If you wouldn't Tomorrow, Dr. Williams' remarkable do it for the guy on the bottom, you life will be celebrated at a memorial can't do it for the guy on the top." THE VERY BAD DEBT BOXSCORE service in Salt Lake City. I think we can all learn a valuable Mr. HELMS. Mr. President, at the In the wake of this solemn occasion, lesson from the life and work of Roger close of business yesterday, Thursday, I ask that my colleagues pause for a Williams, a man who always lived his September 10, 1998, the federal debt few moments in remembrance of those life with the highest possible integrity stood at $5,545,657,954,586.91 (Five tril­ husbands and wives, sons and daugh­ and kindness, a man who regarded his lion, five hundred forty-five billion, six ters, brothers and sisters who perished happy marriage and seven children as hundred fifty-seven million, nine hun­ in this terrible crash. his most important accomplishment dred fifty-four thousand, five hundred (Moment of silence.) and responsibility. eighty-six dollars and ninety-one Like Dr. Williams, each had abun­ Dr. Williams' passage is a tremen­ cents). dant potential which was so unfairly dous loss to the State of Utah, the One year ago, September 10, 1997, the cut short. world of medical research, and to all federal debt stood at $5,410,105,000,000 Dr. Roger Williams was known those who knew him and knew him (Five trillion, four hundred ten billion, throughout the world, not only as a well. one hundred five million). ' ~ . . - - "( . .., ,••

20086 CONGRESSIONAL RECORD-SENATE September 11, 1998 Five years ago, September 10, 1993, of common purpose, have a se.nse of power of the minimum wage in real the federal debt stood at community, have a sense of caring dollars is-in real dollars from 1995, $4,384,113,000,000 (Four trillion, three about our neighbors and those who are 1998, and beyond. hundred eight-four billion, one hundred fellow citizens. That has been a If you look at this end of the chart, thirteen million). strength of our Nation ever since its Mr. President, you will see 1997, 1998; Twenty-five years ago, September 10, earliest days. and you will see where my pen is, that 1973, the federal debt stood at We also put a strong emphasis and a at this point here we are talking about $459,532,000,000 (Four hundred fifty-nine strong quality on the issue of working. a $1 increase from $5.15 to what would billion, five hundred thirty-two mil­ What we are saying is that those who be $6.15, with the increase in the min­ lion) which reflects a debt increase of are going to work 40 hours a week, 52 imum wage in real dollars. By the year more than $5 trillion­ weeks of the year, should no longer live 2000, it will only amount to $5.76 in real $5,545,657 ,954,586.91 (Five trillion, five in poverty. That has been the reason dollars. hundred forty-five billion, six hundred for the minimum wage in the first If you go across this line, Mr. Presi­ fifty-seven million, nine hundred fifty­ place, following the Great Depression dent, going back through the 1960s all four thousand, five hundred eighty-six and over a long period of time. There the way through the 1970s, you will see dollars and ninety-one cents) during have been five raises in the minimum even with this kind of increase in the the past 25 years. wage since 1955. Raising the minim urn minimum wage of $1, the purchasing I yield the floor and suggest the ab­ wage has been supported by Repub­ power of the minimum wage for work­ sence of a quorum. licans and Democrats, Republican ing families will still be lower than it The PRESIDING OFFICER. The Presidents, Democratic Presidents. It was for a period of some 20, 23 years clerk will call the roll. has by and large been a bipartisan ef­ from 1960s all the way through the The assistant legislative clerk pro­ fort over the recent years. early 1980s. So even with this increase, ceeded to call the roll. The principal cautions in raising the it is extremely modest, Mr. President, Mr. KENNEDY. Mr. President, I ask minimum wage have been, would the extremely moderate-it still does not unanimous consent that the order for raising of the minimum wage result in bring us back to the purchasing power the quorum call be rescinded. an increase in the rates of inflation that the minimum wage has had for The PRESIDING OFFICER. Without which would work to the detriment of the better part of our postwar period. objection, it is so ordered. other workers in our society, and But, nonetheless, it is important Mr. KENNEDY. Mr. President, I yield would it contribute to increasing un­ progress for families. myself 25 minutes. employment in our society and, in that All you have to do is ask any family The PRESIDING OFFICER. The Sen­ respect, have a disadvantaging impact what a difference it makes for a 50-cent ator from Massachusetts. on the various people we are trying to or a $1 increase in the minimum wage. help? They will answer very quickly, "It Those are powerful economic issues. means that we'll have to have two jobs THE MINIMUM WAGE And they ought to be considered at any instead of three jobs." That will be particular time. And we are glad to Mr. KENNEDY. Mr. President, ear­ their first answer. And secondly, an in­ lier today the majority leader pro­ consider those issues at this time as we crease of $1 in the minimum wage will pounded the unanimous consent re­ are advancing the cause of workers in our society, workers who have not ben­ mean the purchase of groceries for quest relevant to the bankruptcy legis­ probably 6 months of a year. It will lation. In that proposition, he had indi­ efited from this extraordinary pros­ perity which we as Americans have mean the rent for a working-poor fam­ cated that the first amendment to be ily of about 7 months of a year. It will considered to the bankruptcy bill seen over the period of the last 6 years, the greatest economic growth, the be about two-thirds the cost of the tui­ would be the amendment which I will tion for a son or a daughter, of a work­ offer with a number of our colleagues greatest price stability, the lowest un­ employment, the lowest rates of infla­ ing family earning the minimum wage, on behalf of the Americans who are at to attend a public university in their the bottom two rungs of the economic tion. The economy, with all of the ups and downs of the stock market, is ex­ State. This is very important to those ladder, those who are making the min­ at the lower end of the economic lad­ imum wage in our Nation. tremely strong, and it has been strong, and it continues to be strong. der. That is basically the historical sit­ It is an amendment to increase the Nonetheless, we have seen that over uation, Mr. President. minimum wage by 50 cents in January the period of recent years the pur­ It is fair to ask ourselves now, what of next year and another 50-cent in­ chasing power of those at the lower has happened in the rates of inflation? crease the following year. The total in­ level of the economic ladder has dete­ Let us take a look at inflation and the crease would be a $1 increase in the riorated significantly. And what we are minimum wage. Many say, "If we in­ minimum wage. We will have an oppor­ attempting to do is to say to our fellow crease the minimum wage, we're going tunity to debate that issue on Tuesday Americans, as we as a nation move to see a bump in the rate of inflation." morning, with a vote on that sometime ahead in terms of the economic pros­ Well, if we look at what happens to the around the noon hour. At that time, perity, that we want all of our fellow minimum wage- and in this particular the membership will express itself on citizens to move along together. It is chart here we go from 1996 all the way whether we are going to reward work not asking very much to have a 50 cent up to 1998---we look at what is hap­ in the United States of America, increase in the minimum wage or $1 pening to the rate of inflation. whether we are going to say that our over a period of the next 2 years. That Prior to the rise in the. minimum fellow Americans who are at .the lower is the issue, Mr. President, that will be wage, which was in October 1996, the end of the economic ladder, who have squarely before this body on Tuesday rate of inflation per month was three­ lost more than any other group in our next and where we will have an oppor­ tenths of 1 percent. Then we raised the society in terms of their purchasing tunity to vote on it. minimum wage to $4.75. And if you power over the period of these last Mr. President, as we have on other look at this chart here, you will find years, whether they are going to be occasions, I think it is fair to look at that it continued along virtually the able to have a very, very modest in­ where the minimum wage is today and same three-tenths of 1 percent. It crease of $1 over the period of the next where it has been. The inclusions in dropped down here in the wintertime, year and a half to 2 years to their our amendment, are they really rea­ it rose again in the early spring, wages. sonable given the current economic dropped again, and then settled into a Mr. President, there are a number of conditions? We maintain they are ex­ significant drop. If you are talking of reasons for this increase. I think the tremely reasonable. three-tenths of 1 percent per month to most compelling one is the reason that On this chart here, the real minimum two-tenths of 1 percent, you are talk­ those of us in this country have a sense wage reflects where the purchasing ing about a significant drop in the rate September 11, 1998 CONGRESSIONAL RECORD-SENATE 20087 of inflation, even with the last increase terms of unemployment of black teen­ Center for the Child Care Workforce. in the minimum wage. Then it rose an­ agers and minority teenagers. This Center for Community Change. chart is just a reflection of the same Center for Economic Options, Inc., Charles- other 50 cents in 1997. And the inflation ton, WV. rate was two-tenths of 1 percent. trend. We see that the total number of Center for Law and Social Policy. Look what has happened since that employment in terms of teenagers 16 to Center for Women Policy Studies. last raise to $5.15. It went along for a 19, with the increase in the minimum Children's Defense Fund. period of time, dropped, bounced up, wage, these are the individuals who Church Women United. and is now down to one-tenth of 1 per­ find the employment going up. Increase Clearinghouse on Women's Issues. cent. in the minimum wage based upon Coal Employment Project, Tazewell, VA. Mr. President, the clear signal from sound economic principles, and we see Coalition for Economic Justice of Western this chart is that the last increase in New York, Buffalo, NY. that there has not been an adverse im­ Coalition of Black Trade Unionists. the minimum wage virtually had no pact on the issues of employment or in­ Coalition of Labor Union Women (CLUW). impact on the rate of inflation. And if flation. Coalition on Human Needs. we are to look at the history of these Now, I think it is worthwhile to ask Communications Workers of America last several years, we will see that the who is really for this increase in the (CWA). rate of inflation has actually gone minimum wage. Mr. President, 170 or­ CWA, Local6310, St. Louis, Mo. down. It is not a valid point to say that ganizations- 170 organizations-rep­ Community Food Resource Center, Inc. if we try to do something to raise the resenting not just workers. The AFL­ The Congress of National Black Churches, minimum wage, it is going to add to in­ CIO , even though their workers are all Inc. Democratic Socialists of America. flation. receiving far above the minimum wage, Disabled in Action, New York, NY. Now, if we look at what the impact is is certainly interested because of re­ East lOth United Methodist Church, Indi­ on unemployment, this is a second ar­ spect for the value of work. The prin­ anapolis, IN. gument. If we raise the minimum wage, cipal church groups and church leaders Ella Baker Center for Human Rights, San it is going to have an adverse impact are strongly supportive. The leaders of Francisco, CA. on inflation and it is going to increase the various women's and children's or­ The Episcopal Church. unemployment. Again, if we go back to ganizations are strongly supportive. Faith Community For Worker Justice, October 1996 where we saw an increase The various civil rights organizations, Wauwatosa, WI. in the minimum wage, we had 5.2 per­ Family and Children's Service, Min­ knowing the importance of this in neapolis, MN. cent unemployment, a little bump, and terms of the individuals, are strongly Family Service America. then a gradual decline through Sep­ supportive. Farmworkers Support Committee, tember 1997, when the last increase in I ask unanimous consent to have Glassboro, NJ. the minimum wage went to $5.15. Since printed in the RECORD a list of the var­ Federally Employed Women, Inc. that last increase in September of 1997, ious groups and organizations that are Florida Impact, Tallahassee, FL. up until August of 1998, we have seen a in support of this legislation. Food Research & Action Center. continuing reduction of the unemploy­ There being no objection, the mate­ Friends Committee on National Legisla­ ment, down at the present time to 4.5, tion. rial was ordered to be printed in the Friends of the Earth. 4.4 percent. It has not added to infla­ RECORD, as follows: Friends of the National Hook-up of Black tion. It has not added or contributed to CAMPAIGN FOR A FAIR MINIMUM WAGE- Women, Inc., Chicago, IL. unemployment. Those two economic p ARTICIPANTS 1 Gray Panthers. arguments do not stand. A. Philip Randolph Institute. Greater New York Labor-Religion Coali­ If we look at the impact on our teens, ACORN. tion, New York, NY. the arguments are made, " Senator, we AFL-CIO. Growing Up in Cities, Frankfort, KY. are concerned about what the impact is Alliance To End Childhood Lead Poisoning. Heartland Center/Office of Peace & Social going to be on teen unemployment and American Association of University Justice, Diocese of Gary, Indiana. Women. Institute for Mission in the USA, Evan­ particularly among the minorities." American Ethical Union, Washington Eth­ gelical Lutheran Church in America, Church The fact is, about 20 to 25 percent of all ical Action Office. & Labor Concerns, Saint Paul, MN. those who receive the minimum wage American Federation of Government Em­ Institute for Mission in the USA, Evan­ are teenagers. Most of the teenagers in ployees (AFGE). gelical Lutheran Church in America, Trinity my State who are receiving the min­ American Federation of State, County and Lutheran Seminary, Columbus, OH. imum wage are out there their first Municipal Employees (AFSCME). Institute for Southern Studies, Durham, year in college trying to make ends American Friends Service Committee. NC. meet. American Friends Service Committee, Institute Justice Team, Sisters of Mercy of Travel with me to the University of Philadelphia, P A. the Americas, Des Plaines, IL. American Income Life Insurance Co. Interfaith Alliance. Massachusetts in Boston at the cam­ American Nurses Association. Interfaith Committee on Worker Issues, pus. Mr. President, many of the chil­ American-Arab Anti-Discrimination Com- Detroit, MI. dren who go to that excellent school mittee. IPS/Progressive Challenge. are from families where the parents Americans for Democratic Action (ADA). Jewish Council for Public Affairs, New never went to the school. And much of Arkansas Jobs With Justice, Religion­ York, NY. the student body is working 25 hours a Labor Committee, Hampton, AR. Jewish Labor Committee, New York, NY. week or more. These are teenagers. Asian American Legal Defense and Edu­ Jobs with Justice. These are many of the children who are cation Fund, New York, NY. Justice and Peace Office Archdiocese of Se­ Asian Pacific American Labor Alliance. attle, Seattle, WA. trying to gain sufficient income to Asian Pacific American Legal Center of Labor Council for Latin American Ad- fund their education. We should think Southern California, Los Angeles, CA. vancement. it is a worthwhile and valuable endeav­ Association of Catholic Colleges and Uni­ Latino Workers Center, New York, NY. or in trying to support kids who are versities. League for Industrial Democracy. trying to go to school and stay in Black Women's Agenda, Inc., Springfield, Mennonite Central Committee, U.S .. school, many of whom are coming from VA. Migrant Legal Action Program. difficult and complex backgrounds. Bread for the World. Mississippi Hunger Task Force, Jackson, Campaign for America's Future. MS. Nonetheless, they go on. Catholic Charities USA. Mon Valley Unemployed Committee, Take the minorities. In this case, the Catholic Charities Archdiocese of Louis­ Homestead, P A. black teen unemployment-we can go ville, Louisville, KY. NAACP. through any of the various groups in Catholic Charities, Oklahoma City, OK. National Association of Commissions for terms of unemployment-and what we Catholics for a Free Choice. Women. see again is the increase in the min­ National Association of Community Action imum wage, the continued decline in lCoalition in formation (August 27, 1998). Agencies. ' ---.~ ----

20088 CONGRESSIONAL RECORD-SENATE September 11, 1998 National Association of Social Workers. Texas Mental Health Consumers, Austin, Cathy likes her job and is fond of her National Association of Social Workers, TX. client, but she finds it hard to live on Connecticut Chapter, Rocky Hill, CT. Union of American Hebrew Congregations/ $5.30 an hour. In March, she told a min­ National Association of Social Workers, Religious Action Center. North Carolina Chapter. Union of Needletrades, Industrial, and Tex­ imum wage forum: National Association of Working Women (9 tile Employees (UNITE). I literally live paycheck to paycheck. to 5) Milwaukee, WI. Unitarian Universalist Association of Con­ After paying the bills, whatever is left over National Black Child Development Insti­ gregations. goes to groceries. I have $9 in my savings ac­ tute. Unitarian Universalists for a Just Eco- count and worry about being able to save for National Caucus and Center on Black nomic Community, Pittsburgh, PA. my girls' education. We rarely have money Aged, Inc. Unitarian Universalist Service Committee. to go to a movie or eat out at a restaurant. National Coalition for the Homeless. UNITE Local 116, McComb, MS. The other day, my girls asked me to take National Committee on Pay Equity. UNITE Local 551, Como, MS. them ice skating at school. While it only National Conference of Puerto Rican . United Automobile Workers (UA W). costs $10, I had to think twice about whether Women, Inc. UAW Local2324, Boston, MA. we could afford it. Most of the clothing I buy National Consumers League. United Church of Christ, Cleveland, OH. for my kids and for myself comes from yard National Council of Churches. United Church of Christ, Office for Church sales and secondhand stores. in Society. National Council of Jewish Women. , This . is a minimum wage worker, National Council of La Raza. United Food and Commercial Workers National Council of Negro Women. International Union (UFCW). someone who will be affected by our National Council of Senior Citizens. United Methodist Board of Church and So­ amendment. National Council on Family Relations, ciety. A second group, is child care work­ Minneapolis, MN. United Mine Workers (UMW). ers. According to " Worthy Work, National Education Association (NEA). United Paperworkers International Union (UPIU), Nashville, TN. Unlivable Wages," a recent study by National Farmers Union. the Center for Child Care Workforce, in National Hispana Leadership Institute. United States Catholic Conference. National Low Income Housing Coalition. United Steelworkers of America. 1997, the average wage for a teaching National Partnership for Women & Fami- U.S. Jesuit Conference. assistant in child care centers ranged lies. Washington Association of Churches, Se- from $6 to $7 an hour. This is less than National Puerto Rican Coalition. attle, WA. the 1998 poverty level for a family of National Rural Housing Coalition. Washington City Church of the Brethren. Western MassCOSH, Springfield, MA. three-$13,650. Turnover among these National Urban Coalition. Western Pennsylvania Living Wage Cam- assistants is high, 40 percent. National Urban League. paign, Pittsburgh, PA. We talk about what we care about in National Women's Conference Committee, Wider Opportunities for Women. terms of our children. One of the most Women's Studies, University of Wisconsin, Wisconsin Committee on Occupational Eau Claire, WI. important aspects of the child's life is Safety and Health (WisCOSH), Milwaukee, what is happening to them in their National Women's Law Center. WI. National Women's Political Caucus. Women Employed, Chicago, IL. home, primarily, but also what hap­ Nebraskans for Peace, Lincoln, NE. Women Strike for Peace. pens to them when they are in some Neighbor to Neighbor. Women Unlimited, Augusta, ME. kind of child care setting, in a Head Network: A National Catholic Social Jus­ Women Work! Start child care setting. So many of tice Lobby. Workers Organizing Committee, Portland, Nontraditional Employment for Women, those who take care of those children OR. are child care workers. Those child New York, NY. Workplace Project, Hempstead, NY. North Texas Jobs with Justice, Dallas, TX. YWCA of the National Capital Area. care workers, by and large, are receiv­ NOW Legal Defense and Education Fund. ing the minimum wage. Nurses Professional Organization UNA/ Mr. KENNEDY. Mr. President, I want One of the reasons you have the great AFSCME, Louisville, KY. to take a few moments, now that we turnover is because they can't make it. Office of Justice and Peace, Jacksonville, have the statistics behind us and we Rather than having the child care FL. have dealt with the economic issues. If workers who stay with your children Older Women's League (OWL). there are those who have differing eco­ Oregon Food Bank, Portland, OR. throughout the year and interact with nomic indicators, we welcome them. them and help and assist them getting Peace and Justice Committee of the Con­ Present those so we will have a chance gregation of the Sisters of Divine Providence a decent, livable wage, we have this of Kentucky, Melbourne, KY. to debate. But we have not heard from very considerable turnover. The study Philadelphia Unemployment Project, them as we have been making this case found that centers paying higher than Philadephia, P A. in the past weeks and past months, average salaries had lower turnover Phoenix Interfaith Committee For Worker even the past year, about the impor­ rates than centers paying less. Justice, Scottsdale, AZ. tance of this increase. We haven't We find that true in the Head Start Project South: Institution for the Elimi­ heard those arguments made. nation of Poverty and Genocide, Atlanta, programs, as well. We care about chil­ Let me indicate to this body who we dren. We care about fairness and we GA. are really talking about, because I Project South: Institution for the Elimi­ care about child care workers. We need nation of Poverty and Genocide, Washington, think it is important that we realize to do something about a minimum DC. who these individuals are who are the wage. Quaker Committee on Kentucky Legisla­ recipients of the minimum wage. Mr. These are workers like Kimberly tion, Frankfort, KY. President, 33 percent of those who ben­ Frazier, a child care aide from Phila­ Rainbow/Push Coalition. efit from this increase are in service delphia. Kimberly works full time and Religion and Labor Council of Kansas City, occupations, including home health Kansas City, MO. earns $5.20 an hour. She is a single care workers. These are workers like mother with three children and has Retail, Wholesale and Department Store Cathy Adams, a home health aide from Union, (RWDSU), Alabama & Midsouth worked at the same center since 1992. Council, Birmingham, AL. Viola, IL. Cathy is a high school grad­ Kimberly says her salary barely cov­ Sakhi for South Asian Women, New York, uate, who is currently enrolled in a ers her bills-rent of $250 a month, NY. computer training program at the local food, utilities, clothing for three grow­ Service Employees International Union community college. She lives with her ing children, and carfare to get her (SEIU). two daughters, who are 10 and 11. SEIU LocallOO, New Orleans, LA. daughter and herself to the child care Cathy works 111/2 hours a day, 5 days center. She told our forum: Social Democrats USA. a week. She cares for a woman with Southern Christian Leadership Conference multiple sclerosis. She bathes her, Of course, there is never money for a vaca­ (SCLC), Altanta, GA. tion for my children or me. I go without new Southern Regional Council, Atlanta, GA. dresses her, and feeds her. She does the clothes for myself because I have to keep Stakeholder Alliance. grocery shopping, the laundry, and the buying new sneakers for my children, they Tampa United Methodist Centers, Tampa, cleaning. She runs errands and sched­ outgrow them so fast. I can't afford a car and FL. ules doctor appointments. pay for gas and insurance so I rely on public September 11, 1998 CONGRESSIONAL RECORD-SENATE 20089 transportation. If I had a car, I could get out phia. She is the mother of one son, and I welcome the fact that President to the places where there are better paying she earns $5.15 an hour. Clinton has been a strong supporter of jobs. And, like all Americans, I dream of She told our minimum wage forum in this particular issue. So we will have buying my own house so that I can raise my March that: . an opportunity, Mr. President, to come kids in a neighborhood that has less crime and more trees. But I know that, although I I am currently living in a rented room for back and visit this issue. Nothing, I be­ work and study as hard as I can, I will never which I pay $300 a month. I would like to lieve-and I have had a chance to vote have the down payment for a house earning have my own apartment but I cannot afford and participate on many different the minimum wage. one. In addition to paying my rent, I pay for issues over 37 years in the U.S. Sen­ food, clothing and transportation .... If the She concluded, ate-there is no single issue that is minimum wage was higher I would be able to more defined in terms of fairness than A dollar an hour probably doesn't sound save up for my own apartment for me and like a lot to many people, but to me and my my son. . . . I ask you to reward the people the issue of the minimum wage. Noth­ children it would mean a real improvement who go to work by raising up the minimum ing. Just in terms of fairness, are we in our lives. wage. Things are very rough for people, not going to be fair to working people in Many minimum wage workers are just people on welfare. There are many peo­ our country and in our society? Are we janitors, cleaning offices in buildings ple like me who go to work every day and going to be fair against the background across the country. They are people cannot afford to live. Please do the right and history of Republicans and Demo­ like Valerie Bell. Valerie works as a thing. crats that were fair? custodian at the Baltimore City World Then there are laundry workers, and We are going to be asked next Tues­ Trade Center. Since 1995, that building the list goes on. These are the individ­ day whether this body will be fair. We has been covered by Baltimore's Living uals whose lives would be impacted by will have a chance then to speak to Wage Ordinance, which requires city the increase in the minimum wage. We that issue. contractors to pay $6.10 an hour. That's are talking about a dollar-a dollar an higher than the federal minimum, but hour. We are talking probably $2,000 THE TRUTH IN EMPLOYMENT ACT over the course of a year. That's not still lower than the level that I have Mr. KENNEDY. Mr. President, last proposed. two-thirds as much as the increase that every Member of the U.S. Senate night my Republican colleagues filed According to Valerie Bell, the living cloture on the so-called Truth in Em­ wage means dignity for workers and received in this Congress-two-thirds as much as we have received in this ployment Act. Supporters of this de­ their families. As she puts it, "under ceptively-titled bill claim that it is de­ the living wage, we no longer have to Congress. We are being asked whether we are going to try to give those indi­ signed to bar a union organizing tech­ receive food stamps or other social nique known as "salting." Under that services to supplement our incomes. viduals some relief, some help, some assistance, as we have in the best days technique, union supporters seek a job We can fix up our homes and invest in at a non-union shop with the intention our neighborhoods. We can spend more of our past, to say that these individ­ uals could and should be able to have of persuading co-workers to join the at the local grocery store. We can pos­ union. sibly work two jobs rather than three an impact. Nationwide, the soup kitchens, food I oppose this legislation, and I urge low wage jobs and spend more time my colleagues to oppose cloture. I be­ with our families. Our utilities won't pantries and homeless shelters are in­ lieve that salting, like other types of be cut off. We can pay the medical bills creasingly serving the working poor, organizing activity, should be pro­ we accumulated from not having bene­ not just the unemployed. According to tected by the labor laws. fits in these jobs. The best welfare re­ a recent study by Second Harvest, the Under the bill, employers could make form is a living wage job." nationwide networks of food banks, in employment decisions based on their Nationwide, most security screeners 1997, 39 percent of households seeking subjective view of an employee's moti­ at airports earn the minimum wage. emergency food aid had at least one vation. If an employer believed that a These workers screen passenger lug­ member who was working. Eighty-six person was likely to try to organize a gage, operate metal detectors and work percent of households receiving emer­ union, the employer would be free not x-ray machines. They are responsible gency food aid earned under $15,500 a to hire that person. If an employer uni­ for the safety of millions of passengers year, and 67 percent of the households laterally determined that an employ­ and thousands of airplanes entering earned less than $10,000 a year. ee's interest in organizing co-workers and leaving airports around the coun­ According to a U.S. Conference of would interfere with her ability to do try-yet they earn the minimum wage. Mayors study, requests for emergency the job, the employer could refuse to These are workers like Melvin Ware, food aid increased 86 percent in the cit­ hire her. If an employer rightly or a customs carousel handler at the Los ies survey. And 67 percent of the cities wrongly decided that an employee Angeles Airport. He takes home about cited low-paying jobs as one of the might work together with colleagues $317 every two weeks. "By the time you main causes of hunger. These aren't to change conditions on the job, the pay rent and utilities, you're broke," only just for the parents, these are for employer could discharge or discipline he said. "There's no life after work." the children. This is not a Member of the employee. Raquel Littlejohn screens passenger Congress that is saying it, these are Many may remember the movie luggage, and spends much of her day at the mayors of the country saying what " Norma Rae," starring Sally Field. In a computer terminal. This strains her is happening out across the Nation, that film, Norma Rae decided she had eyes but, with take-home pay of under which is that individuals can't make it had enough of the abusive practices in $400 every two weeks, she can't afford with this kind of an income, and there her factory, so she worked with a labor to get them checked. A sympathetic is something that we can do. union to organize her co-workers so L.A. Councilwoman said, "I don't think We are facing many complex prob­ they could stand up to these abuses to­ it's good that the person who is doing lems here in the United States Con­ gether. But under this bill, Norma Rae such an important job has to be wor­ gress and Senate. We have faced many could be fired. rying about trying to get to the next of them. But one that we can impact This bill would make mind-reading a one because the security job doesn't and one that we should impact is try­ protected right under the National pay a living wage." ing to make sure that people who work Labor Relations Act. It would let em­ Eighteen percent of today's work­ will not be in poverty for themselves ployers deny work to employees based force is employed in the retail indus­ and their children. We hear a lot about on a perception that they might try to try-that's 22.5 million workers. Many American values in our country, about organize a union. That perception is are paid the minimum wage. what is important and what is unim­ most likely to come from the employ­ These are people like Cordelia Brad­ portant. The newspapers are filled with ee's membership in a union. In effect, ley of Philadelphia. She works at a that. Well, this is something that is this bill would institutionalize the clothing chain just outside Philadel- important. blacklist. That is unacceptable. 20090 CONGRESSIONAL RECORD-SENATE September 11, 1998 Let us be clear what types of activity this bill,. if the employer thinks an em­ been fundamental to our industrial de­ are protected under the labor laws, and ployee might become active in a union, mocracy for over 60 years. Because the what kinds of conduct would be left that worker never gets the job in the bill is dangerous as well as unneces­ open for employer retaliation under first place. This is not progress. In­ sary, I must oppose it. this bill. Section 7 of the National stead, it takes us back to the days I yield the floor. Labor Relations Act protects employ­ when employees could be required to Mr. BREAUX addressed the Chair. ees' rights to organize, bargain collec­ sign "yellow dog contracts," promising The PRESIDING OFFICER. The Sen- tively, and engage in other concerted never to join the union, in order to be ator from Louisiana. activities for mutual aid or protection. hired. Mr. BREAUX. Mr. President, thank If this bill became law, an employer The Supreme Court has emphatically you. could refuse to hire an employee based rejected this approach. In 1995, the on a fear that she might band together Court unanimously ruled that union with co-workers to push for an on-the­ supporters are employees protected by THE FARM CRISIS job child care center. The employer the National Labor Relations Act when Mr. BREAUX. Mr. President, I will could claim that this activity was un­ they apply for a job. In the Town & not take a long time. I know the hour dertaken in furtherance of an organiza­ Country decision, the Court dismissed is late. But there are still very impor­ tion other than the employer, be it a the employer's claim that union orga­ tant issues that I think Congress needs union or a women's rights organiza­ nizers are inherently untrustworthy to pay attention to and to address. I tion. Therefore, the workers' conduct because they owe their primary loyalty know that all of the news in Wash­ would not be protected, and the em­ to the union. But that is precisely the ington today has been generally about ployer could discriminate or discharge premise underlying this bill. the problems of the President. While I at will. Current law gives employers many understand that, it is also very impor­ Under this bill, a firm could fire Afri­ ways to advance their legitimate inter­ tant, I think, for all of us to realize can-American workers who together ests in an efficient and productive that we cannot pretend to be ostriches sought Martin Luther King's birthday workforce-without undermining em­ and stick our heads in the sand, and as a holiday. Once again, the employer ployees' rights to engage in concerted not face other very serious problems could argue that the workers were act­ activity. For example, an employer can that many of our constituents are fac­ ing in furtherance of a civil rights establish a policy barring its employ­ ing around this country. group's goals, and therefore were not ees from all outside employment. The I would like to bring to my col­ protected by the National Labor Rela­ Sixth Circuit Court of Appeals held leagues' attention the very serious ag­ tions Act. just a few months ago that such a pol­ ricultural disasters that exist as we Under this bill, a company could icy can be applied against union orga­ stand here in Washington today deny jobs to employees it believed nizers, so long as it is also applied neu­ throughout a large portion of the agri­ might try to persuade others to sup­ trally to all other types of employ­ cultural belt in the United States of port a political campaign, or get in­ ment. America. It is a serious problem. We volved in a community group, or con­ Workers who neglect their job duties cannot allow the problems of the mo­ tribute to a church or synagogue. And, in order to organize other workers can ment to distract us from very impor­ a firm could refuse to hire workers be­ be disciplined or discharged. The tant duties that we have, as legisla­ cause they might join a union, or per­ Fourth Circuit Court of Appeals has tors, to do everything within our power suade others to do so. held that it is lawful for an employer to try to help solve the problems of Most of us would agree that discrimi­ to fire employees who fail to carry out America's farmers. nation on the basis of race, or religion, their duties because they are trying to It is really interesting, because while or gender, or political belief-and organize. the farmers are having problems many of us would also put sexual ori­ Employers can lawfully discipline throughout the United States, there entation on that list-is unacceptable employees who fail to do the job they are different reasons for the disasters in this society. The right to self-ex­ were hired to do, or disrupt the em­ which I would like to point out. pression on these important issues ployer's operations, or engage in un­ In the northern and many of the flows from the First Amendment, and lawful conduct. Employers can file western parts of the country-the has been protected by decades-old fed­ charges with the National Labor Rela­ northwestern part of our United eral laws. The National Labor Rela­ tions Board, or even the police, if the States-the problems in agriculture are tions Act places an employee's right to conduct is criminal. In short, employ­ very simple-they have very low prices organize and bargain collectively on an ers have many tools available today to for their products-while in the South, equal footing with these other rights, address the concerns that supposedly in the Southwest, and in my State of and so it should. motivate this bill. Louisiana, the problem is also very This bill would effectively repeal Finally, I note that many of this leg­ simple to understand: It is not that the that right. It leaves employees in an islation's proponents are also strong crops have low prices but, rather, that intolerable position. supporters of the so-called TEAM Act. they have no crops. They have no crops In 1995, the National Labor Relations TEAM Act supporters claim that bill is because of the drought conditions that Board ordered nearly 7,500 workers re­ necessary in order to promote em­ have caused an economic, agricultural, instated. Those workers had been fired ployee participation in the workplace. farming disaster. unlawfully for union activity. Over The present bill would permit employ­ While the reasons for the problems 26,000 workers discharged for union­ ers to refuse to hire workers who band for the farmers are quite different, the izing were awarded back pay. On aver­ together in order to participate in the results are the same. Whether you are age, workers waited four years from workplace. a farmer in the northern part of the the date of the unlawful discharge be­ It is ironic that supporters claim to United States who can't get enough fore being awarded any relief. And, the favor employee participation in the money for · your crop to justify your Dunlop Commission on the Future of one context, but seek to squelch it in cost of production, or whether you are Worker-Management Relations found the other. The common thread appears a farmer in my State of Louisiana, in 1994 that union supporters were un­ to be employer domination. Participa­ which has no crop because of the ex­ lawfully fired in one out of every four tion is seen as desirable only if employ­ treme drought that has ravaged my union election campaigns. ers can control the "team," and work­ State, the end result of the farmer and These figures demonstrate that er-controlled groups such as unions can the family farm is the same; it is loss workers who become active supporters be prohibited. of income; it is loss of the ability to of a union after they are hired run a This legislation poses a significant continue as a family farm. What hap­ substantial risk of being fired. Under threat to employee rights that have pens to a family farm affects not only September 11, 1998 CONGRESSIONAL RECORD-SENATE 20091 that family farm but it affects the the same result. Somehow it seems like and I think it is the right thing to do. community that they live in. When it is different with the farmers because But in the southern portion of the farmers suffer economic loss, the en­ I think it is so gradual. If you have an United States where there is no crop at tire State suffers as well. earthquake, it happens, it is over, the all and they have not been able to ben­ What I want to mention is the sever­ people come in, they leave, and they efit from the program, we are sug­ ity of the problem in my State, which have made an expression of their con­ gesting direct financial assistance. It is not unlike many other States. We cern. But when it is an economic dis­ would go to farmers who do not have just recently had the Louisiana State aster over a longer period of time, it is their losses covered by any other type University Agricultural Economic De­ harder to have people focus on the se- of program. If someone has crop insur­ partment review the losses that my verity of the problem. · ance, well, they may be helped a little farmers in Louisiana have faced. Their I think that is what is true in the ag­ bit. And the amount of help they get report as of August 14 is truly astound­ ricultural disaster that we are now ex­ under the Crop Insurance Program ing. The total State reduction in farm periencing in my State. But the loss is should not allow them to double dip, income for the following crops is as fol­ just as severe, the hurt is just as se­ but crop insurance is not going to lows: vere. When you have to sell the family cover their entire losses. So that part For the corn crop, it is over $64 mil­ farm and move, and you can't pay your of their loss which is not covered by lion of loss; bills, you are hurting just as much as some insurance program should be For cotton, it is over $50 million of someone who has lost a family home clearly eligible for direct financial as­ loss; because of a tornado, earthquake, or sistance. And for many of our farmers, For just soybeans, it is over $72 mil- hurricane, or some other natural dis­ they can't even afford crop insurance lion; aster. and so they have nothing. So their For rice, it is over $14 million; The question now is, What do we do? losses should be also covered, obvi­ For sugar, it is nearly $45 million; It is clear, in my opinion, that the cur­ ously, by any type of direct financial For sorghum, it is over $4 million. rent agricultural programs that are de­ assistance to try to help them survive. The total crop loss they are esti- signed to address assistance are too bu­ It is strictly a question of this one­ mating is $254 million. reaucratic. time aid to help them survive until the Sweet potatoes, over $8 million; They do not work. They are out­ next year so they can still be around to Commercial vegetables, almost $4 dated. They need something else to be plant and grow the crops that help feed million; helpful. What I mean by that is, for in­ most, if not all, of America and much The pine seedlings for forest repro- stance, with the loan program, emer­ of the rest of the world. duction is estimated at $10 million; gency loans, the Government tells a Some will say, well, Senator, this is Pasture, $90 million; farmer, well, you have to get turned going to be expensive. Where is it going Hay, almost $25 million. down by three lending institutions in to come from? Well, No. 1, because of The current estimated total as of Au­ your local area and then you can come the good economic conditions, I think gust 14 was over $390 million. to the Government and get some finan­ because of many of the things we have When you factor in the problems cial assistance in terms of a Federal been able to do in the Congress, fortu­ with some of the diseases that are loan. If you could get the local loan, nately, the economy of the country is being · experienced-aflatoxin, for in­ you would not need the Federal loan. good in other areas, and, fortunately, stance-you have to look at about $420 But somehow you have to show that we do not have a Federal deficit which million. This is just in one State. you could not get the local loan, but we used to have-we now have a Fed­ So the loss is truly devastating. that if you get the Federal loan you eral surplus and we have had estimates These are real problems. These fam­ can pay it back. If you could pay back of $50-, $60-, $75 billion just in this ily farm problems affect not only the the Federal loan, you could have paid year-why not look at this disaster as family farmers, as severe as that is, back the local loan and you would not an emergency, and if you have a sur­ but they affect the economy, the com­ have had any need for help at the Fed­ plus in the Federal budget, let's con­ munity, and the people who sell the eral level in the first place. sider using that surplus to address a harvesting equipment, the tractors and Those programs, well intended as real economic disaster which has huge combines; the people who sell the seed they are, are simply too bureaucratic consequences if we do not do something and the fertilizers; the people who sell and do not work in providing real as­ to help out family farms. shoes and clothes and food in town. If sistance to millions of American farm­ Some say, well, we should use the the farmers do not earn a living, they ers. surplus for a tax cut. There is certainly cannot buy the other products; the im­ What we are working on is to try to room for a tax cut. I think if it is the plement dealer and the car dealer, all present a package, and this should be right type of tax cut and is helpful to suffer. It has a ripple effect throughout bipartisan. Republicans did not cause the people who need help, we should the United States of America. the problem and Democrats did not move in that direction. Should we use The problems in the North- as I said, cause the problem, but the truth is we it for saving Social Security? Yes. Cer­ because of low prices, because of cheap are going to have to work together to tainly, that is a higher priority. But imports being dumped from Canada, solve the problem. If we do not work should we also use some of it to help because of the overall depressed econ­ together, chances are it is not going to save family farms that are facing an omy in many parts of Asia and Europe, get solved. This is not a political prob­ economic disaster beyond their con­ and particularly in the South, in addi­ lem; it is a natural disaster problem. trol? They had absolutely nothing to tion to low prices on the crops, we have. So what we are trying to do is provide do with it. The answer is yes. no crops. some assistance. This is what Government is all So the question is now not the extent Some have suggested increasing the about, trying to help those who are in of the problem. We know that. The loan levels, the artificial target prices, need and creating an economic climate question is now, What do we do? removing the caps on those programs whereby through hard work and indus­ I just think it is interesting. When to allow for a higher loan rate in order trial spirit they can produce and be we have a hurricane, tornado, or earth­ to give more assistance to farmers. profitable. · If something happens not quake, there is always a rush to pro­ That is a good thing to do. But in my related to anything they have done vide economic assist.ance. There is al­ area, it does not really help because that causes an economic disaster, I ways on the nightly news when some­ my farmers don't have a crop to put in think we in Government have an obli­ one is visiting a hurricane-ravaged the Federal loan program. So in the gation to participate in finding some area or area that has been hurt by a South where you have no crop, we sup­ solution to that problem. That is why, tornado, a reaching out to the people. port what we are trying to do for our hopefully, in the coming week we will When you have the earthquake, it is northern farmers. It is very important be able to join forces, Republicans and 20092 CONGRESSIONAL RECORD-SENATE September 11, 1998

Democrats, and say, look, no one here BRIAN S. ADAMS, x... CHRISTOPHER M. RICHARD CERWINSKI. x... CHRISTOPHER H. DELLOS. ROBERT G. ADAMS liT. x... BLASCHUM, x... MICHAEL D. CHALFANT. x... caused the problem but, by golly, we WILLIS R. AGEE. x... KIMBERLY S. BLOOD. x... JR .. x... JAMES E. DEMOTT, x... R. BLOUN'l', CHRISTOPHER J . DENNIS, had better work togeth~r in order to JAMES A. AIKEN. x... CARLTON x... JOHN W. CHANDLER. x... KACY W. AINSWORTH, x... JAMES L. BOCK, JR. , x... ELEFTHERIOS CHAP AS, x... x... solve it; otherwise, we will not have ANGELA D . ALBERGOTTIE. WILLIAM A. BOGGS. x... PH ILIPS. CHAPMAN, x... RONALD M. DENNIS, x... done our duty. I certainly w ant to par- x... KURT F . BOHLMANN, x... BRYAN E. CHEESEMAN, x... MARK R. DESAI, x... CHARLES N. ALBRECHT, JUDY T . BOLDUC, x... RICHARD J . CHEESEMAN, ANTHONY T. DESMET. x... ticipate in that effort and plan to be x... BRIAN D. BOLUYT, x... x... DOUGLAS F. DESROCHERS, very actively involved. CONRADO K. ALEJO. x... BRETT F. BONIFAY. x... DANIELL. CHEEVER. x... x... WILLIAM T. ALEX. x... GISELE M. BONITZ. x... JOHN D. CHERRY. x... DANA S. DEWEY. x... Just this week we had a very good RANDY E. ALEXANDER, x... DEBORAH L. BOOTH, x... BYRON G. CHEW, x... STEVEN L. DIAL. x... meeting w ith the Secretary of Agri- TIMOTHY S. ALEXANDER, DAVID C. BORAH, x... JOHN W. CHEWNING, x... KENNETH F . DIANOVICH, x... STEVEN C. BORAZ. x... CHRISTOPHER W. CHOPE. x... culture, Dan Glickman. The Secretary 'fHOMAS R. ALLBEE. x... ERICH W. BORGSTEDE, x... x... DWIGHT D. DICK. x... BRIAN K. BORING, understands the nature of the problem. DAVID W. ALLDRIDGE, x... x... CHRISTIAN E. JAMES H. DICKERSON, x... CLAUDE A. ALLEN, x... ERIC E. BORIO. x... CHRISTENSON, x... DUKE E. DIETZ, x... He understands the severity of it. He JAMES C. ALLEN, x... JAIME BORREGO. x... BRIAN K. CHRISTIANSON, ERIC S. DIETZ. x... DAVID W. BOUVE, JAY F. DILL. also understands that many of the pro- EDGARDO G. ALMINAR. x... x... x... x... RANDy P. AMATO, x... MARK D. BOWMAN, x... STEVEN J. CINCOTTA, x... ROBERT D. DILLMAN II. x... grams we have on the books simply are THOMAS R. AMBLAD, x... LISA M. BOZZELLI, x... TIMOTHY M. CIOCCO. x... KEVIN L. DIPPERY . x... MORDAUN'l.' P . BRABNER. DON E. DIZON, not enough to address the problems CHARLES R. AMBROSE, x... JOSE L. CISNEROS, x... x... THAD J. DOBBERT, MARKS. ANDERSEN. x... x... KEVIN M. CLAFFY . x... x... that we are experiencing this year, and LAWRENCE J . BRACHFELD. RICHARD E. DODSON. JR .. CRAIG A. ANDERSON. x... ANTHONY J. CLAPP, x... he has pledged his cooperation to try MARK A. ANDERSON. x... x... CRAIG A. CLAPPERTON. x... x... RAYMOND L. BRADLEY III. JOSEPH F. DONNELLY, NICHOLAS M. ANDERSON, BRYAN L. CLARK. x... x... to come up w ith something that can MICHAEL P. DONNELLY, x... x... ROBERT E. CLARK. x... x... ALBERT A. BRADY, x... JOHN M. DONOVAN. provide the type of direct financial as- PAUL B. ANDERSON, x... ROBERT T. CLARK. x... x... RANDY L. BRATCHER. x... MICHAEL P. DORAN, x... VINCENT D. ANDERSON. x... ORIN B. CLAY, x... sistance that is certainly needed in my JEFFREY S. BRATVOLD, x... GEORGE E. DORTCH, x... ALLAN D. ANDREW. x... DAVID D. CLEMENT, JR .. ERNEST B. BRAZ, x... FRANK J . DOWD, x... State of Louisiana. I look forward to DOMINIC A. ANTONELLI, x... WILLIAM J . BREI'£FELDER. RONALD E. DRAKER. x... x... JAMES CLUXTON. x... accomplishing that in the coming TANYA L. ANTONIUK, x... KIMBERLY D. COBB. PAUL T. DRUGGAN, x... x... KEVIN S. BRENNAN, x... CHRISTOPHER D. DRYDEN, BRUCE A. APGAR, x... WESLEY P. COCHRAN, weeks. x... MICHAEL J . BRENNAN. x... JOSE P. ARAGON, x... JOHNS. COFFEY. x... Mr. President, that concludes my re- x... RICHARD F . BRERETON, x... SHAWN E. DUANE, CHRISTOPER J . ARENDS, x... PffiLIP A. COGHLAN. x... MICHAEL J . BRESLAUER, x... SHAWN P. DUFFY , marks. · CHRISTOPHER J . COHOES, x... x... ROBERT B. DUMONT III. DANIEL D. ARENSMEYER, x... x... I yield the floor. CECIL C. BRIDGES, x... GREGORY D. DUNNE, x... MATTHEW J . COLBURN, x... x... DANIEL M. x... DOUGLAS D. DUPLAYEE, RAYMOND A. ART, x... CHRISTOPHER H. COLEMAN, BRINTZINGHOFFER. x... x... SCOTT w: ASKINS, x... x... CHARLES C. BROCK. x... LOUIS J . DURSO. JR .. x... CAL D. ASTRIN, x... JOHN P. COLES. x... STEVEN V. BROCK. x... MICHAEL D. DURST, x... ADJOURNMENT UNTIL 11 A.M. RUSSELL B. AUSLEY , x... BRENDAN W. COLLINS, x... DONALD B. BROCKETT. x... DANIEL P. DUSEK. x... PAULK. AVERNA, x... FRANKLIN L. COLLINS, x... MONDAY, SEPTEMBER 14, 1998 BARRY D. BROCKWAY. x... ROBERT E. DVORAK. x... RICHARD AYALA, x... FRANKLIN S. COLLINS. x... MICHAEL A. BROOKES, x... RICHARD H. DWIGHT. x... CATHALENE M. SCOTT W. COLSON, RYAN K. BROOKHART. x... x... JOHN T. DYE, JR. . x... The PRESIDING OFFICER. Under BABINEAUX. CLAYTON L. CONLEY, x... WILLIAM J . BROUGHAM. x... RANDELL W. DYKES. x... the previous order, the Senate stands OC'fAVIO 0 . BABUCA. DESMOND M. CONNOLLY. x... x... CRAIG P. EARLS, x... GEORGE M. BAIN. adjourned until 11 a.m. Monday, Sep- x... CURTIS L. BROWN, x... x... PATRICK T. EASTER. JR .. BRIAN D. CONNON. JEFFREY S. BAKER. x... DONALDS. BROWN. x... x... x... tember 14. REGINALD BAKER, x... JAMES H. BROWN. x... DANIEL B. CONRAN, JR ., x... THOMAS A. EBERHARD, x... STUART P. BAKER, BLAKE L. CONVERSE, Thereupon, the Senate, at 2:44 p.m. x... KING E. BROWN, x... x... JOHN P. ECKARDT. x... BARRY BAKOS. DENNIS A. COOK, adjourned until Monday, September 14, x... RICHARD S. BROWN, x... x... BRIAN P. ECKERLE. x... NICHOLAS BALICE. x... THOMAS P. BROWNE. x... GLENN C. COOPER. x... ROBERT K. ECKLES III, x... WILLIAM S. COOPER, 1998, at 11 a.m. JAY C. BALLARD, x... GARY M. BRUCE, x... x... JAMES R. ECKLOFF, x... MICHAEL A. BALLOU. x... JOHN S. BRUCE. x... CHARLES R. CORDON, x... JULIAN D. EDGE III. x... JOHNS. BANIGAN, x... DAN W. BRUNE, x... EUGENE D. COSTELLO, x... WILLIAM W. EDGE, x... MICHAEL P. BARATTA, x... CHRISTOPHER W. MATTHEW F. COUGHLIN. MARCIA R. EDMISTON, x... CARLOS M. BARBOSA. x... BRUNETT. x... x... DOUGLAS L. EDSON. x... NOMINATIONS ERIC T. BARKDULL, x... MARK R. BRUNNER, x... MICHAEL C. COUSINS, x... HENRY B. EDWARDS III, x... CHARLES A. BARKER, x... ROBERT H. BUCKINGHAM, MICHAEL J. COX , x... JASON C. EHRET. x... Executive nominations received by GLENN A. BARKER. x... x... WILLIAM W. COX. x... JEFFREY T. ELDER. x... the Senate September 11, 1998: TRACY A. BARKHIMER. x... WILLIAM E. BUNN, x... GREGORY J . COZAD, x... KENNETH F. ELKERN JR .. CHRISTOPHER K. BARNES, JAMES A. BURCH, x... JAMES H. CRAFT. x... x... DEPARTMENT OF STATE x... NORA A. BURGHARDT. x... JOHN R. CRAIG, x... RICHARD A. ELKINS. x... USHER L. BARNUM., JR . x... ROBERT B. BURGIO. x... MARK H. CRAVER, x... GERALD L. ELLIOTT, IT. x... CRAIG GORDON DUNKERLEY, OF MASSACHUSETTS, A BENJAMIN K. BARRETT, x... ERIK A. BURIAN. x... KATHLEEN M. CREIGHTON, GEOFFREY T. ELLSWORTH. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, GREGORY L. BARRINGER, AMY D. BURIN, x... x... x... CLASS OF MINISTER-COUNSELOR, FOR THE RANK OF AM- x... CHRISTOPHER T. BURKETT, ALLEN CRISP, x... WILLIAM M. EMMEL, x... BASSADOR DURING HIS TENURE OF SERVICE AS SPECIAL JAMES E. BARROWS. x... x... FLOYD R. CRISP II, x... JAMES A. EMMERT, x... ENVOY FOR CONVENTIONAL FORCES IN EUROPE. JEFFREY B. BARTA. x... CLIFFORD A. BUSSEY. x... MICHAEL L. CROCKETT. x... TRACEY L. EMSWILER. x... IN THE NAVY ROBERT B. BARTHELMES, CHRISTINE D. BUSSLER. ROBERT A. CROWE, x... JUDY M. ENGLAND, x... JR .. x... x... MICHAELS. CRUDEN. x... DARREL W. ENGWELL. JR ., THE FOLLOWING NAMED OFFICERS FOR TEMPORARY ROBERT B. BASSETT. x... DONALD A. BUZARD. x... ALVARO F. CUELLAR. x... x... APPOINTMENT TO THE GRADE INDICATED IN THE U.S. MICKEY S. BATSON, x... DAVID J . BYERS, x... SHARON L. CUMMINS. x... DARREL E. ERICKSON, x... NAVY UNDER TITLE 10, U.S.C., SECTION 5721: JEFFREY R. BAY, x... GREGORY K. BYNUM, x... JOHN H. CUNNINGHAM, x... EMILSON, M. ESPIRITU, x... To be lieutenant commander KENNETH G. BECK. x... SHAN M. BYRNE. x... PAUL B. CUNNINGHAM, x... ROMMEL M. ESTEVES. x... WILLIAM G. BEDDIE. x... LAWRENCE J . BYRNES, x... THOMAS CURRAN. x... NEWMAN J. EVANS III. x... MARK W. BEDDOES. ROBERT A. H. CADY. REX L. CURTIN, DARRELL D. EVERHART, DANIEL A VENANCIO, x... MICHAEL LEHMAN, x... x... x... x... JAMES C. BEENE, x... LLOYD V. CAFRAN, x... DAWN E. CUTLER. PHILIP J . BECKMAN, x... OLIVER T. LEWIS, x... x... x... JEFFERY J. BERNASCONI, KENNETH S. LONG, STEVEN T. BELDY. x... GARY L. CALDWELL, x... JOSEPH G. DACQUISTO, x... CALIN J. EVON. x... x... ALAN E. BELL, TIMOTHY P. CALLAHAM, ROBIN A. Y. DAHLIN, WILLIAM L. EWALD. x... RONALD LUNT, x... x... x... x... JOSEPH E. BELL. KNARVELL DAILEY. FREDERICK L. F ACYSON STEPHEN J . BOHN, x... RICHARD MALONEY, x... x... x... x... TODD A. BELTZ. ROBERT A. CAMERON, JAMES V. DANIELS, CURTIS L. BROWN, x... x... x... x... x... MICHAEL G. MCLOSKEY. JON G. BENAVENTE. JAMES J. CAMMARATA. STEPHEN F . FAHEY. JAMES S. CAMPBELL. x... x... x... JOHN D. DANNECKER. x... x... x... THOMAS R. BENDEL, JAMES S. CAMPBELL. RANDY C. DARROW, ELIZABETH Y. FALK, MICHAEL R. COUGHLIN, x... x... x... x... x... MARK F. MILLER. x... KEVIN B. CAMPBELL, MICHAEL L. CROCKETT, x... RAYMOND J . BENEDICT. x... x... JOHN W. DATKA. x... PETER R. FALK. x... ELMER M. NAVARRO, x... AUGUSTUS P. BENNETT, MARVIN G. CAMPBELL, ANDREW L. FEINBERG, JAMES E. CROSLEY , x... x... DRUSO DAUBON. x... x... ALBERT G. ONLEY, x... FRANCIS J . CAMPION. REEVES A. DAVES, JOHN W. FELKNER, LARRY DEATON, x... x... x... x... x... ENRIQUE N. PANLILIO , x... JAMES H. BENTON, GREGORY P. FERNANDEZ, ALAN D. DORRBECKER, x... x... RUBEN A. CANTU, x... PETER B. DA VI, x... BRIAN M . REED, x... BRENT A. BERARDUCCI. GEORGES. CAPEN, ANDREW DAVIS, RANDELL DYKES, x... x... x... x... x... ANGUS P. REGIER, x... STEVEN BERGMAN, JOHN P. CARDANY. DUANE T. DAVIS, SCOTT W. FEVER, BRIAN P. ECKERLE, x... x... x... x... x... JOHN F. RINKO, x... TODD J . BERHOW, LESLIE T. CARDENAS. JACK E. DAVIS. MICHAELS. FEYEDELEM. PIERRE A. FULLER, x... x... x... x... STEVEN F. SMITH, MICHAEL D. BERNACCHI, ANTONIO J. CARDOSO, JAMES P. DAVIS, NICOLAS GERACE. x... x... x... x... x... MICHAEL E. GOCHENOUR, DANIEL SPAGONE, x... JR. , x... PATRICK C. CAREY, x... KATHY L. DAVIS, x... PETER B. FIELD. x... JEFFREY SULLIVAN, PAUL R. BERN ADO. x... STEVEN M. CARLISLE. x... NORMAN D. DAWKINS, x... KORY R. FIERSTINE, x... x... x... JOYCE M. BERNARD, x... WILLIAM E. CARLSON. DAVID P. DAWSON, x... WILLIAM C. FILAN. DOUGLAS V. GORDON, x... JAMES S. TALBERT, x... x... x... CHRISTOPHER JACOBSEN, VINH X. TRAN, x... MATTHEW T. BERTA, x... CAMERON P. CARNEY. x... MICHAEL D. DAWSON, x... STEPHEN M. FIMPLE, x... WILLIAM R . BERTRAM, DONALD W. CARR. JR .. PHILLIP E. DAWSON III. CHRISTOPHER M. FINCH, x... DEAN VESLEY , x... x... x... x... THOMAS A. BEST. TIMOTHY D. CARR. GARY L. DEAL. THOMAS KISS, x... TIMOTH R. WEBER. x... x... x... x... x... MICHAEL P. BETTS, x... CLINTON A. CARROLL. x... STEVEN E. DEAL. x... WILLIAM D. FINCH, x... JOHN M. KUBERA. x... CARL B. WEICKSEL, x... BRUCE M. BICKNELL. x... JOHN A. CARTER. x... DONALD C. DEAN, x... STEVEN C. FINCO, x... IN THE NAVY WILLIE D. BILLINGSLEA, MICHAEL P. CASEY , x... KARL D. DEANS, x... ROBERT J . FINK, x... x... BRUCE D. CASPERS. x... LARRY T. DEATON. x... MICHAEL. P. FINNEGAN. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN G. BISCHERI, x... PEDRO A. CASTAING, x... JEFFREY E. DEBOLT. x... x... TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES A. BISHOP, x... PETER R. CATALANO, x... STEVEN M. DEBUS. x... CHRISTOPHER F . UNDER TITLE 10, U.S.C., SECTION 624: JOHN H. BITTING III , x... GREGORY C. CAVANAUGH. LEOPOLDO F . FITZGERALD, x... To be lie utenant commander RICK L. BLACK. x... x... DECARDENAS, x... CHRISTOPHER M. RANDY B. BLACKMON. x... JAMES B. CAWRSE, x... PATRICK R. DECK. x... FITZGERALD. x... KARLA M. ABREUOLSON, CHAD F. ACEY. x... ANTHONYR. DOUGLAS J . CAWTHRA. xx... CHARLES J. DEGILIO, x... JAMES R. FITZGERALD, x... x... GREGORY A. ACHORS, x... BLANKENSHIP, x... ROBERT J . CEPEK, x... ANDREW W. DELEY , x... WILLIAM FITZGERALD, x... September 11, 1998 CONGRESSIONAL RECORD- SENATE 20093

MICHELLE A. FLA HERTY, WESLEY R. GUINN, x... KENNETH M. HOUCK, x... BRIAN R. KIPLE, x... GREGORY M. MA QUIRE, x... CHA RLES C. MOORE, II x... x... JOHN E. GUMBLETON, x... TERJE M. HOUGEN, x... CHRISTOPHER T. KIRBY, JOHN A . MAHONEY, x... ROBERT F. MOORE, x... DA VID L. FLA KE, x... CA RLOS S. GUZMAN, x... WILLIA M J . HOUSTON. x... x... JOHN M. MA JOR, x... TODD M. MOORE, x... HEIDI A. FLEMING, x... DA VID W. HA A S, x... LA NE D. HOWARD, x... PA TRICK W. KIRK, x... LillS A. MALDONADO, x... JOSE I. MORA LES, x... CHRISTOPHER J . JA MES M. HA A S, x... REGINA LD M. HOWARD, x... CHRISTOPHER C. KIRKHAM, CHRISTINE A. MA LLORY, C. D. MORAN II, x... FLETCHER. x... PA UL C. HA EBLER, x... JA MES E. HOWE, JR. , x... x... x... PHILIP J . MORAN, x... DA VID K. FLICK, x... MA RK L. HAGENLOCHER, ANDREW G. HOWELL, x... OLAV E. KJONO, x... JA MES A . MANN, x... CLINTON J . MORANO, x... EDWA RD A . FLINT, x... x... JOHN R. HOYT, x... DA VIDR. KLA IN, x... SCOTT F. MANNING, x... BRIAN L. MORGAN, x... RONALD A . FLORENCE, x... KEVIN T. HA GENSTA D, x... PA TRICK N. HUETE, x... J EFFREYS. KLEIN, x... MICHA EL D. MAQUERA , x... SEA N T. MORIA RTY, x... ROBERT L. FLOYD, x... JEFFREY W. HAKALA, x... MICHA EL R. HUFF, x... JOHN J . KLEIN, x... JOHNNA M. MA RCHA NT, x... ELIZA BETH R. MORLOCK, G.T. FOGG IN IV, x... ROBERT A. HA LL, JR. , x... JOSEPH W. HUFFA KER, x... JOSEPH G. KLEIN II, x... TIMOTHY J . MA RICLE, x... x... THOMA S D. FOHR, x... TIMOTHY L. HA LL, x... GREGORY C. HUFFMA N, x... MICHA EL T. KLEMICK, x... NA THA NIEL R. MA RLER, KURUSH F . MORRIS, x... RICHA RD A . FOLEY. x... PA TRICK M. HA LLER, x... BENJA MIN L. HUGGINS, x... CHRISTOPHER F. KLINE, x... STEVEN S. MORRIS, x... WAYNE K. FONG, x... DA VID R. HA LLSTROM, x... JA MES J . HUGHES, x... x... DEA NNA G. MA RR, x... TERRY S. MORRIS, x... JA MES J . FONTA NELLA , WILLIA M K. HA LVERSON, STEPHEN R. HUGHES, x... CA RL K. KLOTZSCHE, x... DOUGLA S A. MA RSHA LL, ROBERT K. MORRISON III, x... x... CHRISTOPHER L. HULL, x... MICHA EL C. KNA PP, x... x... x... DURA NTE A. FOOTMA N, x... THOMA S G. HALVORSON, DONNA A. HULSE, x... EDWARD W. KNELLER. x... HOWARD L. MA RSHA LL, SCOTT D. MORRISSEY, x... BRIA N P. FORT, x... x... JOHN W. HUMPHRIES, x... CHRISTOPHER J . KOCZUR, JR. , x... PA TRICK K. MORROW, x... BRETT C. FOSTER, x... MA RK A. HA MMA RGREN, JOHN M. HUNCZAK, x... x... J EFFREYP . MA RSHA LL, DA VID MOSELLA , x... SHELLIE FOUNTA IN, J R ., x... MA RK A. HUNT, x... JA MES F.KOELTZOW, x... x... RICHA RD P. MOUNTAIN, x... x... RICHA RD D. HA MMETT, x... WILLIA M A. HUNTOON, x... BRYA N A . KONST, x... SUSA N L. MA RSHA LL, x... SCOTT E. MULV ANIA , x... TONY L. FOX, x... TERRENCE E. HAMMOND, JERRY P . HUPP, x... JOHN J . KOSINA , x... ERIK H. MA RTIN, x... THOMAS J . MUNRO, x... CHA RLES R. FRA LICK, x... x... BRIA N S. HURLEY, x... TODD R. KOUSKY, x... GREGG W. MA RTIN, x... KENNETH, H. MUNSON, x... FREDERICK M. FRA NCE, MICHA EL C. HANNAY, x... WINNIE L. HUSKEY, x... GRA NT T. KOWALCHICK, JEFFREY B. MA RTIN, x... CHRISTOPHER P . JR. , x... ERIC J . HANNUM, x... EDWA RD C. HUTT, x... x... NATHAN H. MA RTIN, x... MURDOCK, x... BA RBA RA L. FRA NKLIN, LA URENCE E. HA NSEN, x... DEREK S. IKEHA RA , x... WILLIA M S. KOYAMA, x... VINCENT R. MA RTINEZ, x... BRA NDEE L. MURPHY, x... x... TIMOTHY W. HA NSEN. x... JA MES A . R. IMANIAN, x... STEPHEN M. KOZLOWSKI, DA RYL J . MA RTIS, x... BRIA N P. MURPHY, x... JOSEPH P . FRA NSON, JR. , RONA LD J . HANSON, x... SCOTT D. IND. x... x... LA NCE E. MA SSEY, x... JOHN C. MURRA Y, x... x... CORLYNN G. HA RA LDSON, EDWA RD J . IOCCO, x... NEA L D. KRA FT, x... KENNETH M. MA SSON, x... J EFFREYS . MYERS, x... TYLER L. FRA UTSCffi, x... x... WILLIA M T. IPOCK II, x... ROBERT W. KRA FT, x... ERIC M. MA THIESEN, x... ERIC V. NANARTOWICH, x... ANTHONY W. FRA ZIER, x... PA UL T. HA RA STY, x... TIMOTHY E. ISEMINGER, MELODY KRA GH, x... PETER W. MA TISOO, x... PA TRICK T. NASH, x... BRIA N W. FRA ZIER, x... MICHA EL S. HA RBER, x... x... CA RY J . H. KRA USE, x... JOSEPH D. MA USER, x... JOSEPHS. NA VRA TIL. x... BRENT S. FREEMA N, x... MICHA EL V. HA RBER, x... ROGER G. ISOM. x... JOHN E. KRA USE, x... STEVEN P . MCA LEA RNEY. JEF'FREY K. NELSON, x... MA RTIN V. FRENCH, x... DONALD R. HA RDER, x... DA VID V. JA CKSON, x... SCOTT C. KRA VERA TH, x... x... F. S. NESSLER, x... RICHA RD A. FREY. x... RA NDA LL C. HARDY, x... GRAHAM K. JA CKSON, x... KEVIN F. KROPP, x... DA VID H. MCA LLISTER, x... JOHN R. NETTLETON, x... LEONA RD M. FRIDDLE, x... ROGER D. HARDY, x... MA RK H. JA CKSON, x... TODD G. KRUDER, x... KEVIN C. MC A LLIS'l'ER, x... ROBERT S. NEVILLE, x... STEPHEN W. FROELICH, x... DA NIEL P. HARMON, x... ANDREW D. JA MES, x... RICA HRD J . KRYSTOF, x... MICHA ELW. MCCA LLUM, PA UL NEVIUS, x... ROBERT B. FRYER. x... GREGORY M. HA RRIS, x... BRIA N S. JA ME, x... THOMA S A. KUBISTA , x... x... ROBERT A . NEWSON, x... KIMBERLY L. FUCHS, x... JOHN H. HA RRIS III, x... JEFFREY W. JA MES, x... TIMOTHY C. KUEHHA S, x... CHRISTIE L. MCCA RTHY, ELTON A . NEWTON, x... ROBERTO L. FUENTES, x... KRISTA HA RRIS, x... SA NDRA M. JA MSHIDI, x... GLENN P. KUFFEL, J R ., x... x... RICHA RDT. NGUYEN, x... ANN M. FUHRING, x... KENNETH E . HA RRISON, x... KA THLEEN M. JA NA C, x... ROBERT J . KUNKA , x... MICHA EL C. MC CA SSEY, CLARK A. NICHOLS III, x... MICHA ELS. FULGHA M, x... TERRY M. HA RT, x... ROBERT W. JA NSSEN , x... MICHA EL H. KUTYBA, x... x... TROY M. NICHOLS, x... PA TRICK C. FULGHA M, x... JEFFREY A. HA RTER, x... ANDREW C. JA RRETT, x... BRENT J . KYLER, xx... RICHA RD D. MCCLELLA N, WESLEY W. NICHOLSON, ROBERT D. FULLER, x... STEVEN W. HA RTSEL, x... KEVIN S. JA SPERSON , x... KEVIN R. LA CA SSE, x... x... x... SEA N P. FULLER, x... CA RRIE A. HASBROUCK, x... JOKER L. JENKINS, x... MA RK W. LACY, x... STEPHEN E. MCCORMICK, A LFRED A. NICOLL, x... ALAN D. FULLERTON, x... ROGER W. HAWKES, x... KENNETH W. JENKINS, x... MICHA EL C. LA DNER, x... x... THA D E. NISBETT, x... FREDERICK E. GAGHAN, THOMA S H. HAWLEY, xx... BRA DLEY T. JENSEN, x... CA RL A. LA HTI, x... JOHN K. MCCOY, x... DA NIEL E. NIXON, x... JR. , x... BRUCE W. HAY, J R ., x... JON J . JERGE, x... JA MES M. LA NDA S, x... MICHA EL E. MCDA NIEL, x... NORBERTO M. D. NOBREGA, THOMA S D. GA JEWSKI, x... JOHN G. RA YBURN, x... A LLEN T. JOHNSON, JR. , DEBRA A. LA NKHORST, x... DA VID W. MCDOWELL, x... x... MA RIA K. GA LBRA ITH, x... MITCHELL R. HA YES, x... x... JOHN J . LA POINT, x... LA RRY A . MCELVA IN, JR. , SIDNEY S. NOE, x... BRYA N F. GA MBLE, x... J EFFREYK . HA YHURST, ANTHONY A . JOHNSON, x... MICHA EL G. LA RIOS, x... x... DA VIDS. NOLAN, x... HA RRY L . GA NTEA UME, x... x... DA VID B. JOHNSON, x... TIMOTHY X. LA RSEN, x... BRA DLEY S. MCFA RLA ND, DA VID E. NOSA L, x... EDWA RD G. GANUN, x... THOMA S W. HEA TTER, x... EDWA RD G. JOHNSON, x... JOHN L. LA RSON, x... x... RONA LD J . NOVAK, x... MICHA EL C. GARD, x... A NNE E. HEINER, x... EDWA RD J . JOHNSON, x... DENNIS A. LA ZA R JR. , x... DA VID M. MCFA RLA ND, x... ROBERT E. NOVOTNY, x... DENNIS J . GARTH, x... SCOTT D. HELLER, x... MA RK A. JOHNSON, x... THOMA SW . J . TIM MCGA RVEY, x... MA RK T. NOWICKI, x... DERRICK E. GARVIN, x... A LLEN R. HELMS, JR. , x... ROBERT L. JOHNSON, x... LECHLEITNER, x... JA MES E. MCGOVERN, x... JEFFREY L. NOWLIN, x... PETER A. GA RVIN. x... CHA RLES S. HENDERSON, ERNEST R. JONES, JR. , x... LINDSA Y C. LECUYER, x... JOHN J . MCGRA TH, JR. , x... NIGEL A. NURSE, x... RODNEY D. GA TELEY, x... x... FRA NK C. JONES, x... ROBERT H. LEDOUX III, x... ANDREW D. MCIRVIN. x... MA RKJ. OBERLEY, x... GREGORY P . GEISEN, x... EDWIN M. HENDERSON, x... GREGORY I. JONES, x... RA LPH D. LEE, x... JOHNS. MCKEE, x... JA MES K. O'BRIEN, x... JOSEPH E. GELA RDI, x... SHAWN P. HENDRICKS, x... JA MES T. JONES, x... STEPHEN L. LEE, x... MICHA EL D. MCKENNA , x... TIMOTHY P. O'BRIEN, x... NICOLAS J . GERA CE, x... ZACHARY S. HENRY, x... KEITH A. JONES, x... PETER K. LEHA RDY, x... SCOTT A. MCKENZIE, x... HEIDI C. OCHS. x... SHELDON GERINGER, x... TODD L. HENSON, x... KEVIN D. JONES, x... DA VIDT. LEMLY, x... TIMOTHY E. MCKENZIE, x... KIERON G. O'CONNOR, x... DILIP B. GHA TE, x... SCOTT C. HERBENER, x... RICHA RD D. JONES, x... DOUGLA S M. LEMON, x... PA TRICK J . MCKERNA N, WILLIA M A . OEFELEIN, x... PA UL A . GHYZEL, x... CHA RLES J . HERBERT, x... SHAWN R . JONESOXENDINE, TODD L. LENNON, x... x... CRAIG L. OELTJEN, x... GREGORY J . GIBSON, x... GA RY M. HERBERT, x... x... FREDERICK C. LENTZ III, J . J . MCLA UGHLIN III, x... JEFFREY C. OHMAN, x... JA MES F. GIBSON, JR. , x... CHRISTOPHER J . HERMA N, CA RTHER F. JORGENSEN, x... JOHN H. MCLEA N, x... STEVEN B. OKUN, x... JEFFREY T. GIBSON, x... x... x... SCOTT B. LEPA GE, x... JOSEPH E. MCMA HON, x... GREGORY M. OLIVER, x... HELENA A. GILBERT, x... JOHN W. HERMAN, x... JA MES M. JOYNER IV, x... THOMA S H. LERCH, x... HERNDON R. MCMILLA N, JOSEPH M. OLIVER, x... JA SON A. GILBERT, x... MA TTHEW HERMSTEDT, SA RA A. JOYNER, x... ZIGMOND V. LESZCZYNSKI, x... KA RL R. OLSEN, x... CHA RLES W. GILL, x... x... MA RK A. JOYNT, x... x... J O E L . MCMULLEN, x... EDWARD C. OLSHAW, x... MICHA EL W. GILL, x... ANDREW A . HERNA NDEZ, JOEL D. JUNGEMA NN, x... MICHA EL W. LEUPOLD, x... JA MES L. MCREYNOLDS, DWIGHT D. OLSON, x... PA TRICIA A . GILL, x... x... MITCHELL D. KA A S, x... JA MES A . LEWIS, x... x... SEAN P. O'MA LLEY, x... JEFFREY W. GILLETTE, x... EDMUND B. HERNA NDEZ, JOHN E. KA INER, x... JA MES H. LEWIS III, x... GREGORY A. MCWHERTER, CA SEY P. O'NEIL, x... CRAIG S. GIVENS, x... x... NICHOLA S J . KA ISER, x... JEFFREY M. LEWIS, x... x... JOSEPH R. ORECHOVESKY, DONALD J . GLA TT, x... PA TRICK D. HERRING, x... MICHA EL L. KA MMERZELL, JOHN M. LEWIS, x... PETER A. MEHL, x... x... WILLIA M G. GNESDA , x... EDWA RD L. HERRINGTON, x... RA NDA LL K. LEWIS, x... JA MES E. MELVIN, x... SCOTT E. ORGAN, x... VICTORIA L. GNIBUS, x... x... VINCENT M. KA PRA L, x... STUA RT W. LEWIS, x... JEFFREY A. MERCADO, x... PA UL J . O'ROURKE, x... MICHA EL E. GOCHENOUR, STEPHEN R. HERTEL, x... MA RY A . KA RA YA KA YLA R, MA RK F. LIGHT, x... CHRISTOPHER P. MERCER, PA UL ORTA . x... x... SCOTT M. HERZOG, x... x... STEVEN W. LIGLER, x... x... WAL'l'ER H. OTT, x... DAVID A . GOGGINS, x... RA NDA L A . HETRICK, x... DONN A M. KA SPA R, x... JEFFREY S. LINCOLN, x... JA COB P. MERCIEZ, x... ROBERT F. OTTEN, x... JOSEPH D. GOMBAS, x... CHRISTOPHER E. HICKS, KURT A . KA STNER, x... CHRISTOPHER LINDSEY, RA NDELL L. MERRITT, x... SA MUEL W. OVERMYER, x... JA MES P . GOMPPER, x... x... ROBERT D. KA TZ, x... x... JOHN C. METZGA R, x... CAROLYN R. OWENS, x... DA VID R. GONGRE, x... JEFFREY D. HICKS, x... SUSA NNE G. KECK, x... PA UL J . LING III, x... MA RK V. METZGER, x... DWIGHT OWENS, x... MA RK R. GONZA LES, x... CRA IG L. ffiGGINS, x... DONN W. KEELS, J R ., x... BRIA N D. LINNA BA RY, x... GEORGE D. MICHA ELS, x... GREGORY B. OWENS, x... JUA N C. GONZA LEZ, x... GRA NT R. HIGHLAND, x... A NGELA M. KEITH, x... JA MES M. LINS, x... JA SON J . MICHAL, x... MA RCELL S. PA DILLA , x... YVETTE M. GONZALEZ, x... RUDOLPH L. HIGHTOWER, GREGORY J . KEITHLEY, x... DA VID J . LOBDELL, x... THERESA C. MICHA L, x... NEFTA LI PA GA N, x... VANCE M. GOOCH, x... JR. , x... DONALD H. KELLER, JR. , MELISSA A. LOCKMAN, x... MICHA EL D. MICHEL, x... ROBERT H. PA LM, JR. , x... DA VID A. GOODMAN, x... ANDREW J . ffiLL, JR. , x... x... LOWEN B. LOFTIN J R ., x... MARIO MIFSUD, x... STEVEN T. PA LMER, x... J EFF D. GOODMANSON, x... JA MES A. HILL, x... CHRISTOPHER T. KELSA LL, RA CHELLE F. LOGAN, x... JOHN L. MIHELICH III, x... EUGENE F. PA LUSO II, x... CURTIS J . GOODNIGHT, x... MICHA EL D. HILL, x... x... JA MES K. LOGUE, x... ANDREW W. MILES, x... MICHA EL R. PA MPA LONE, BENJA MIN B. GOODWIN, x... RONA LD L. HILL, x... JOHN G. KEMNA , x... KEVIN S. LONOKE, x... BRIA N D. MILLER, x... x... BA RBA RA S. GORDON, x... STEVEN A. HILL, x... JOEL D. KENNEDY, x... PA TRICIA R. LOON AM, x... HENRY A. MILLER, x... SCOTT W. PA PPA NO, x... ANDREW M. GORZELA . xx... TIMOTHY S. HILL, x... ANDREW M. KENNY, J R ., MA RK C. LOOSE. x... HENRY J . MILLER, x... PA UL M. PA RA SHA K III, x... MICHA ELV. GOSHGA RIA N, A NSELL. HILLS, x... x... JA MES P . LOPER, x... JEFFREY S. MILLER, x... DONALD J . PA RKER, x... x... RICHA RD R. HIRA SUNA , x... DA BNEY R. KERN, x... RA NDA LL L. LOTT, x... RA NDA LL B. MILLER, x... RONALD D. PA RKER, x... MICHA EL J . GOSKA, x... LOREE D. HIRSCHMAN, x... WILLIA M E. KERN, x... WA LLA CE G. LOVELY, x... RICHA RD M. MILLER. J R ., WILLIA M T. I. PA RKHURST, MA TTHEWS. GRA EF, x... TUNG HO, x... IA N J . KERR, x... CAROLYN A. LUCE, x... x... x... JEFFREY C. GRA F, x... JA SON V. HOFFMA N, x... JUSTIN F. KERSHA W, x... FREDRICK R. LUCHTMAN, MA RSHA LL G. MILLETT, JOSEPH P . PA RKS, x... DA NIEL P . GRANDADOS, x... MA TTHEW B. HOGAN, x... RICHA RD J . KERZNER, J R ., x... x... VERNON J . PA RKS, JR. , x... STEPHEN L. GRANDON A , MICHA EL A . HOLLISTER, x... PA TRICK W. LUEB, x... KENNETH R. MIN NARD, x... KENNETH W. PA RNELL, x... x... x... JA RED A . KEYS, x... JON B. LUNDQillST, x... JA MES L. MINTA , x... HAROLD S. PA RRISH, x... MICHA EL R. GRA NT, x... ERIC D. HOLMBERG, x... GREGORY R. KIDD, x... JA MES D. LUNSFORD, x... ERIC J . MITCHELL, x... PETER J . PA SQUA LE, x... CHRISTOPHER E. GRA Y, x... MARION R. HOLMES, x... BRA DLEY J . KIDWELL, x... RONALD D. LUNT, x... REY R. MOLINA , x... PA TRICK J . PA TERSON, x... OBRA L. GRA Y, x... A LVIN HOLSEY, x... WILLIA M D. KIMBA LL, x... JON E. LUX, x... SA NTOS L. MOLINA , x... DOUGLAS A. PEA BODY, x... RA NDA LL K. GREEN, x... RA NDA LL J . HONCIK, x... KEITH A . KIMBERLY, x... MICHA EL R. LYNCH, x... GREGORY H. MOLINA RI, x... BRUCE L. PECK, JR. , x... WILLIA M C. GREENE, x... JOHN M. HOOD, x... CATHY M. KIMMEL, x... JOHN L. MAC MICHA EL, J R ., MASON, K. MOLPUS, x... BENJA MIN B. PEET. x... DONALD GRIFFIN, x... TODD A. HOOKS. x... JOHN L. KING, x... x... THOMA S J . MONROE, x... GREGORY S. PEKA R!, J R ., DEMETRIES A. GRIMES, x... DOUGLAS P. HORNER, x... KEVIN G. KING, x... JEFFREY A . MA CQUA RRIE, BRYA N G. MONTEITH, x... x... JOSEPH W. GRIMES, J R . , CODY L. HORTON, x... KEVIN L. KING, x... x... LA NCE A. MONTGOMERY, GARY D. PENTON, x... x... JA MES B. HOSKINS, x... A LBERT C. KINNEY III, x... JOHN D. MA CTA VISH. x... x... ROBERT A . PEREBOOM, x... BRIA N C. GRIMM, x... ELIZA BETH S. HOSTETLER. MA RIA A . KINNUNEN, x... HERNANDO A. MADRONERO, RUSSELL C. MONZON, x... DOUGLA S G. PERRY, x... PA UL F. GRONEMEYER, x... x... KEVIN E. KINSLOW. x... x... TRA CY S. MOON, x... REID M. PERRY, x... - ,. · ,,. - · · · - , ,. . - · - . . - · .. I ..

20094 CONGRESSIONAL RECORD-SENATE September 11, 1998

CARL V. PETTY, x... CHRISTOPHER M. RILEY , JAM ES W. SCROFANI, x... STEVEN W. STEARNS , x... MARC G. TRANCHEMON- CARL B. WEICKSEL, xx... ERIC S . PFISTER, x... x... ZACHARY M. SCRUTON, x... ROBERT M. STELTENPOHL, TAGNE, x... DEL E. WEIHERT, x... DUANE A. PHILLIPS , x... GEORGE B. RILEY III, x... JAM ES C. SEALS , JR ., x... x... JAM ES H. TRAVERS , x... GREGORY J . WEISMAN, xx... RODRICK B. PHILLIPS , x... W.J. RILEY. JR. , x... WILLIAM B. SEBRING, x... ERIC M. STEPHENS , x... ROBERT B. TRIMMER. x... ROBERT D. WEISSENFELS , PATRICK M. PICKARD, x... WILLIAM P. RINGER, x... THOMAS G. SEIDENWAND. DANIEL J . STEPHENSON, CHRISTOPHER P. TRIMPEY . x... EDWARD A. PITTMAN, x... CARLOS M. RIPPE, x... x... x... x... ANNE M . WEITZMAN. x... RAIMUND G. SEIFART, GLENN W. STEVENS , WAYNE L. PLAGER, x... DANIEL J . RIVERA, x... x... x... WILLIAM M. TRIPLETT, x... ROBERT.C. WEITZMAN, x... WILLIAM G. PLOTT, x... JAM ES L . ROBBINS , x... JAM ES K. SELKIRK. JR .. x... HENRY W. STEVENS I I I , x... CHRISTOPHER S . TROST, LAWRENCE J . WELLHAM , K J. SEMON, IAN R. POLLITT. x... DAVID A. ROBERTS , x... x... MARK L. STEVENS , x... x... x... KENNETH R. POLLOCK, x... WILBUR L. J . ROBERTS, x... CURTIS A. SETH, x... ROBERT E. STEVENS I I , x... CLARK 0 . TROYER, x... LAWRENCE A. WELLS , JR ., CHRISTOPHER A. POOR, x... WILLIAM M. ROBERTS , x... PATRICK J. SHAFFER. x... JONATHAN R. STEVENSON, MARK A. TRULUCK, x... DAVID M. SHALIKASHVILI, x... THOMAS C. POPP, x... THOMAS L. ROBERTSON, x... ARTHUR R. TUCKER, x... KEVIN R. WESLEY, WILLIAM R. STEVENSON, x... ROBERT D. PORTER, x... x... x... JOHN R. TUCKER, x... MATTHEW W. WESSEL , STEPHAN P . ROBEY, JOHN E. SHASSBERGER, x... SCOTT D. PORTER, x... x... x... x... ALAN P. TUPMAN, x... MATTHEW G. WESTFALL, CHRISTOPHER ROBINSON, FRANK A. SHAUL, x... AMY C. STIDHAM , x... JOHN C. TURNER, SCOTT A. POTAS, x... x... x... JAM ES B. POTTS , x... DANIEL P. SHAW. x... CHRISTINE A. STILES , x... WADE D. TURVOLD, x... x... JEFFREY D. WESTON, x... KELLY A. ROBINSON, x... SHAWN R. SHAW, x... RUSTIN E. STOBER. x... RONALD B. TUTTLE, JR ., SARA T. POWELL, x... JOHNNY R. WHEAT. FRANK T. ROCHEFORT, x... MICHAEL D. SHEAHAN, x... JOHN L . STOFAN, x... x... PATRICK E. POWERS , x... x... CHRISTOPHER K. SEAN R. PRASSER, x... CHRISTOPHER A. JOHN M . SHEEHAN, x... JOHN P . STOKELY, x... KIERAN S . TWOMEY, x... WHEELER, x... ALFRED B. PRICE, x... RODEMAN, x... DONDI M. SHEEHY. x... JAM ES E. STOLZE. JR. . x... MURRAY J. TYNCH III, x... DONALD B. RODGERS , TODD D. WHITE. x... KELLY D. PRICE, x... x... FREDERIC J . SHEEHY. x... STEPHEN T. STONE, x... MATTHEW S. TYSLER, x... MARTIN RODRIGUEZ, RICHARD J . SHINN, EDWARD S . WHITEMORE, THOMAS L. PRICE, x... x... x... RICK J . STONER, x... GARY A. ULRICH, x... STEVEN J . ROERIG, JOE C. SHIPLEY, x... GANDOLFO A. PRISINZANO, x... x... STEVEN A. STOPLER, x... ROY C. UNDERSANDER, x... DARREN M. ROGERS, BRIAN K. SHIPMAN, RODNEY J . STOUT, JAM ES R. WICKMAN, x... x... x... x... x... CRAIG D. UNION, x... JAM ES R. ROGERS IT, DENISE M. SHOREY. DAVID A. STRACENER. PAUL R. WIDISH, x... MICHAEL L . PRITCHETT. x... x... x... JEFFREY A. UTHE, x... TIMOTHY G. ROHRER, KARIN A. SHUEY, CHARLES G. STRASSLE, DONALD L. WILBURN, JR ., x... x... x... x... RICHARD C. VALENTINE, GREGORY R. ROMERO, x... DANIEL A. SHULTZ, x... THOMAS L . STRAUB , x... x... SUZANNE PROSE, x... x... CHRISTOPHER W. PROVAN, AARON L. RONDEAU, x... FRANCIS M. SIDES , x... RICHARD W. S'l'RAYER, x... CHRISTOPHER V ANASTEN, DOUGLAS E. WILCOX. x... FRANCISCO K. ROSARIO, ROBERT W. SIDES , x... KRISTIN B. STRONG, x... ANDREW R. WILLIAMS , x... x... x... x... OTTO F. SIEBER. x... ORLANDO A. SUAREZ. BRIAN D. WILLIAMS , CHARLES PUCCIARIELLO, x... RONALD R. VANCOURT, x... x... MATTHEW W. ROSE. x... JAM ES W. SIGLER, x... KEVIN P . SUDHOFF, x... JEFFREY B. WILLIAMS , x... MARK R. V ANDROFF. x... x... JEFFREY A. ROSS . x... PAUL G. SIMPSON. x... CHRISTOPHER E. SUND, x... TERRY W. PULLIAM , x... MARK A. V ANDZURA. x... KELLY B. WILLIAMS , x... BRIAN D. ROTH, x... MICHAEL G. SINEX, x... THOMAS J . SU'l'HERLIN, x... PAUL A. PUOPOLO, x... MICHAEL J. VANGHEEM , MARK T. WILLIAMS , x... EDWARD J . ROTH. x... MICHAEL W. SIRACUSE, x... KEVIN W. SUTTON, x... ERIC W. PURDY, x... x... RICHARD C. WILLIAMS . JR. , JEFFREY C. ROTH. x... JONATHAN T. SKARDA, x... STEVEN J . SWANSON, x... TIMOTHY M. QUAST, x... ROBERT A. VANHOU'l'EN, x... DONALD A. RUDAT, x... STEPHEN R. SKAW. x... DAVID M. SWENSON. x... VINCENT J . QUIDACHAY, x... ROBERT J . WILLIAMS , x... WILLIAM R. RUEHLE, x... EDWARD W. SKELLY. x... SCOTT B. SWENSON, x... x... DEAN C. VANTOL, x... STEPHEN F. WILLIAMSON, DAVID C. RULEY. x... RICHARD A. SKIFF, JR. , x... ADAM M. TAFF, x... ANDREW C. QUIETT, x... DEEAN R. VANWORMER, x... x... MARK N. RUSSEL, x... CALVIN D. SLOCUMB. x... BRIAN S. TAIT. x... KEVIN J. QUINN, x... MAURICE R. VARGAS , x... CURTIS S . WILMOT, x... SCOTT F. RUSSELL , x... DOUGLAS W. SMALL, x... PAUL TANKS , JR ., x... JORGE E. QUIROGA, JR ., x... DAVID J. VARNES , x... ALPHONSO L . WILSON, JR ., STEPHEN P. RYAN, x... BRENT E. SMITH, x... RICHARD TARASEWICZ, x... JOHN L . RADKA, x... LAWRENCE R. VASQUEZ, x... MARC A. RZEPCZYNSKI, x... FRED W. SMITH, JR ., x... ARIEL E. TARRAGO, x... CHARLES E. RADOSTA, x... x... CRAIG L. WILSON, xx... CHRISTOPHER L. SAAT, x... JOSEPH A. SMITH, x... RANDALL D. TASHJIAN, x... LUIS RAMOS , x... HENRY VELARDE, x... PAUL J. WILSON, x... FRANK C. SALCEDO, x... LARRY A. SMITH, x... CHRISTINA R. TAYLOR, x... SCOTT J . RAMSAY, x... MICHAEL B. VELASQUEZ. ROBERT T. WINFIELD, x... BENJAMIN D. SALERNO, x... MARK A. SMITH. x... JAM ES L. TAYLOR. JR., x... CHRISTOPHER P. x... JAM ES A. WINSHIP. CLIFFORD C. SALONGA, x... MARK P. SMITH, x... TIMOTHY S. TAYLOR, x... x... RAMSDEN. ERIC H. VENEMA, x... BRUCE L . WIN'rER, x... DUANE E. SALSBURY, x... MICHAEL J. SMITH, x... B RIANT. TEETS , x... x... DALE C. RAMSEY. x... DOUGLAS C. VERISSIMO, MARK E. SANDERS . x... MICHAEL 0 . SMITH, x... PAUL M. TERHAAR, x... JEFFREY S. WINTER. x... JEFFREY S . RANDALL, x... x... LEONARD D. SANTIAGO, x... PATRICK W. SMITH, x... MICHAEL J. TESAR. x... PETER J . WINTER, x... CHRISTOPHER M. RANKIN, DEAN M. VESELY, VIKRAM SARDANA, x... PETER J . SMITH, x... FREDERICK N. TEUSCHER, x... JOHNNY R. WOLFE, JR ., x... SIDNEY J. VIGIL. x... MARK F. SAUER, x... ROBERT E. SMITH, x... JR. , x... x... MARK A. WOLFF, x... KEVIN H. RASCH, x... LAWRENCE S . VINCENT. ROBERT P. SAUNDERS, JR ., THOMAS B. SMITH II. x... LANCER. THEBY. x... x... WILLIAM J. BRYAN E. RASCOE, NICHOLAS K. VODANTIS , x... x... TIMMY SMITH, x... RICHARDT. THERRIEN, x... WOLKERSTORFER. xx... KENDALL M. RASMUSSEN, BRIAN M. SAUTER, x... TIMOTHY J. SMITH. x... CHRISTOPHER P. THOMAS, x... BRIAN J . WOLSON, x... DANIEL E. VOTH, x... KATHLEEN M. SAYLOR, x... VICTOR S. SMITH. x... x... x... NEILW. WOODWARD I ll, xx... JAM ES 0 . RASURE, x... MARK D. WADDELL, x... ELTON G. SAYWARD, JR ., MATTHEW T. SMURR, x... ELIZABETH A. THOMAS, x... WENDY T. WOODWARD, x... PAUL A. RATKOVICH, JOSEPH T. WALKER, x... x... JAM ES B. SNELL , x... JOHN D. THOMAS , x... x... RAYMOND B. GREGORY J . WALLS , CHARLES L. RAYL, x... MICHAEL T. SCARRY, x... JOHN J . SNELL. x... MARK A. THOMAS , x... x... WORTHINGTON, COLIN S . WALSH, x... THOMAS C. REALE. x... MARK W. SCHADT, x... PAULS . SNODGRASS, x... PETER H. THOMAS, x... x... ERICK. WRIGHT, VICTOR RECK, JR., JEFFREY A. WARD, x... x... JEFFREY L . SCHAFER, x... HENRY W. SNOW, x... JOHN J . THOMPSON, x... x... JOHNATHAN L. WRIGHT, KIMBLE .J. REDSHAW. x... DAVIDW. WARNER, x... CHRISTOPHER F. SCHAIER, ERIK L. SNYDER. x... JOSEPH M. THOMPSON, x... x... JEFFREY 'l'. REES , HOWARD C. WARNER III, x... x... CHERI A. SOLOMON, x... THOMAS L . THOMPSON, x... x... D.M. WRIGHT, JR ., JOHN J . REESE, SCOTT M. WARNER, xx... x... CRAIG T. SCHAUPPNER, x... PETER H. SORENSEN, x... FRANK R. THORNGREN, JR ., x... BRIAN F. WYSOCKI, DENNIS A. REEVES , CHRISTOPHER L. WARREN, xx... x... DOUGLAS F. SCHERER. x... TOMMY S. SOUTHARD, JR. , x... STEFAN D. XAUDARO, JR ., JAM ES J . REICH, x... SANDRA J. SCHIAVO, x... x... DAVID L . TIDWELL. x... x... x... PETER J . REINAGEL. x... JEFFREY A. SCHMIDT, x... DANIEL S P AGONE, x... RYAN C. TILLOTSON, x... ROBERT L . WARREN. x... GERALD P. YEGGE. x... JAM ES K. REINING, x... JEFFREY S . SCHMIDT, x... MICHAEL C. SPARKS . x... TODD L. TINSLEY, x... CRAIG J . WASHINGTON, x... DAVID D. YOUNG, x... JAM ES C. RENTFROW, x... FRANCIS M . SCHNEKSER, JOSEPH B. SPEGELE, x... GAIL M. B. , TISCHKE, x... JAc'K H. WATERS, x... EUGENE S . YOUNG. x... JOHN W. REPPERT IT. x... x... FRANCIS E. SPENCER III, GARY L. TISSANDIER, x... JAM ES P. WATERS I I I , x... MARVIN W. YOUNG, x... KENNETH J . REYNARD, x... DOUGLAS P . SCHOEN, x... x... OTIS V. TOLBERT, x... PETER M. WATERS , x... MICHAEL J. YOUNG, JEFFREY A. RICHARDSON, KELLY S. SCHOEN, x... JAM ES L. SPENCER IV. x... JOHN V. TOLLIVER. x... MICHAEL W. WATKINS , x... x... x... TIMOTHY L . SCHORR, x... MARK F. SPRINGER, x... KENNETH J. TOMASSO, x... WILLIAM R. WATKINS I I I . MICHAEL R. ZAHN, x... SHERYL S . RICHARDSON, MICHAEL C. SCHROEDER, ROBERT J . STAILEY, x... JEANENE L . TORRANCE, x... PETER J. ZAMESKA, x... x... x... RICHARD A. STAKELUM. x... MARK T. WEATHERFORD, BOYD T. ZBINDEN, x... JOHN D. RICHMOND, x... FRANK J . SCHULLER, JR ., x... JOHN D. TOUGAS, x... x... JEFFREY R. ZEUNER, x... ROSALIND J. RICHMOND, x... CHRISTOPHER M. WILLIAM J . TOWNSEND, ROBERT WEBBER, JR. x... CHRISTOPHER S . x... CHARLES L . SCHULTZ, x... STAMPER, x... JR ., x... JOHN R. WEBER. x... ZIMMERMAN, x... MONICA A. RICKARD, x... BRIAN J . SCHWANDT. x... ROBERT E. STANDLEY. x... BYRON D. TRACY, x... JAM ES B. WEBSTER. x... KRISTOFER L . JOHN D. RICKARDS , JR ., x... JEFFREY R. SCHWARZ, x... STEPHEN P. STARBOARD. KARL W. TRAHAN, JR. , x... RANDOLPH R. WEEKLY, x... ZIMMERMAN, x... JOHN E. RIES, x... TODD H. SCOLA, x... x... TIMOTHY R. TRAMPENAU, PAULW . WEHNER, x... RICHARD J . ZINS , x... GARETH A. RIETZ, x... DEBORAH K. SCOTT, x... TIMOTHY K. STARLING, x... x... WILLIAM M. WEHRMEYER, THEODORE A. ZOBEL, x... ROBERT M. RIGGS , x... VINCENT H. SCOTT. x... LESLIE S . R. START. x... VINH X. TRAN, x... x... G.LEN A. ZURLO, x...