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

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

Vol. 143 WASHINGTON, MONDAY, APRIL 7, 1997 No. 39 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, April 8, 1997, at 12:30 p.m. Senate MONDAY, APRIL 7, 1997

The Senate met at 12 noon and was RECOGNITION OF THE MAJORITY to confer with our colleagues on the called to order by the President pro LEADER other side of the aisle. tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The All Members should be aware that able majority leader is recognized. the next rollcall vote will occur, then, on tomorrow at either 5:15 or 5:30, PRAYER f something like that. It is my hope the The Chaplain, Dr. Lloyd John SCHEDULE Senate will invoke cloture tomorrow, Ogilvie, offered the following prayer: Mr. LOTT. Mr. President, it is a which will enable us to begin consider- pleasure to be back on this spring day ation of this very important legisla- Gracious Father, Almighty Sovereign tion, which is the nuclear waste legis- of our beloved Nation, and loving Lord and to hear the Chaplain’s prayer and to see the distinguished Senator from lation. I think there is no more impor- of our lives, our hearts overflow with tant environmental issue pending in gratitude. Thank You for the privilege South Carolina here ready for business. I know we are going to have a produc- America than to make the decision of of living in this land You have blessed tive season as we go into April and what we are going to do with nuclear so bountifully. You have called this May. waste that is sitting in sites across this Nation to be a demonstration of the This afternoon there will be a period country, from South Carolina to freedom and opportunity, righteous- for morning business until the hour of Vermont, from the banks of the Mis- ness and justice You desire for all na- 1 p.m. Following morning business, the sissippi to the shores of the Pacific. We tions. Help us to be faithful to our des- Senate will resume consideration of cannot ignore this. We cannot wait an- tiny. May our response be spelled out the motion to proceed to S. 104, the Nu- other 15 years for studies to be com- in dedicated service. clear Policy Act. pleted. We have spent billions of dol- Dear God, empower the men and As I announced prior to the recess, no lars. We have been working on this for women of this Senate as they seek rollcall votes will occur during today’s years. It is time for action. Your vision and wisdom for the prob- session of the Senate. Under the order, The Senate voted by a wide margin lems we face as a nation. Proverbs re- a cloture vote on the motion to proceed last year to make a decision on this minds us that ‘‘When the righteous are to S. 104 will occur on Tuesday. issue, to pass this nuclear waste reposi- in power, the people rejoice.’’ We re- I had planned to ask unanimous con- tory legislation. The House did not act. joice in the Senators who seek to be sent that the vote on the motion to in- I have been assured this year the House right with You so they will know what voke cloture occur at 5:15 on Tuesday, will act, this matter will go to the is right for our Nation. You have told with the time between 2:15 and 5:15 to President, and we hope that it will go to him in such a way that he recog- us, ‘‘Righteousness exalts a Nation.’’ be equally divided between the pro- nizes that Senators and Congressmen Proverbs 29:2. ponents and opponents. I understand that the Democratic leader may have a and the American people all across this Lord, we live in times that challenge little bit of a conflict, where we may country feel that this decision must be faith in You. As a nation, secularity try to move that toward 5:30, although made. often replaces spirituality and human- we have other Senators who have con- So, I am looking forward to our be- istic materialism substitutes for hum- flicts at that time. So we will get a ginning the debate. If cloture is in- ble mindedness. Bless the Senators as definite unanimous consent request voked, Senators can anticipate debate they give dynamic leadership. Grant here shortly. The vote will be some- and rollcall votes during every day of them wisdom, grant them courage, for time between 5 and 5:30, I presume, and the session this week so we may com- the facing of this hour. I pray this in I believe we can get that worked out plete action on S. 104 as soon as pos- the name of Jesus Christ. Amen. just as long as we have a minute more sible. I remind my colleagues that this

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

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VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2762 CONGRESSIONAL RECORD — SENATE April 7, 1997 will be a busy period legislatively prior would like to have the President’s help, marks in relation thereto, that I be to the Memorial Day recess. but the time is over for waiting. We granted permission to speak for up to I think all Senators should be aware must move forward. I will be talking 10 minutes. that bills are beginning to be reported later today to the chairman of the The PRESIDING OFFICER. Without out of committees. We have had 3 Budget Committee and interested Re- objection, it is so ordered. months to have the hearings to mark publicans and Democrats to see how we Mr. ASHCROFT. I thank the Chair. up legislation. We have a number of can proceed. We still would like to (The remarks of Mr. ASHCROFT per- bills that have now been reported, in- have the President’s involvement and taining to the introduction of S. 514 are cluding the TEAM Act and the help, but he does not seem, so far, to be located in today’s RECORD under Comptime and Flextime Act, which ready to do that. ‘‘Statements on Introduced Bills and can be very helpful to families and Our staffs were meeting during the Joint Resolutions.’’) working mothers who need time to be past 2 weeks. They were supposed to be Mr. ASHCROFT. Mr. President, I with their children. That legislation is making progress. From what I under- yield the floor. ready. Sometime late this month or stand, they had a grand time meeting Mr. JEFFORDS addressed the Chair. early next month we will, as I have and saying how wonderful it was they The PRESIDING OFFICER. The said, have a vote on the partial-birth were meeting—but that is about all. It Chair recognizes the Senator from abortion ban legislation. So we are be- was my understanding, from what the Vermont. ginning now to enter a period where we President said, that he would meet f will have a lot of legislation. with the leadership of Congress when Obviously, we need to have a vote on FDA REFORM AND PDUFA we returned from the Easter recess pe- REAUTHORIZATION the budget. I had hoped we could come riod to discuss, hopefully, the final de- to a grand agreement that would be in cisions on the budget—this week. But I Mr. JEFFORDS. Mr. President, we the best interests of all Americans understand now, that meeting is not are here today to talk about the need with the President. So far, that has going to occur this week. It is next for us to reauthorize the Prescription been fruitless. I have committed basi- week. Yet, as we wait for leadership Drug User Fee Act and pass legislation cally 3 months, along with the chair- from the White House, we see some to modernize the Food and Drug Ad- man of the Budget Committee, the people saying, why doesn’t the Con- ministration. time and the meetings, to try to see gress act? We have been trying to con- I will just remind everyone as to that something happened in this budg- firm the President’s Cabinet. We have what happened last year. The Senate et area, but we have not been success- been trying to work with the adminis- Labor Committee passed an FDA re- ful with that. I had asked the President tration and to work off of his budget form bill out of committee with a not to oppose the balanced budget con- agreement so we could move to a final strong, bipartisan vote of 12–4. stitutional amendment. He did. In fact, agreement. It has taken time. But that So we are here today to alert the he and the leadership on the other side time is gone. We have to go ahead and body that we intend to move forward of the aisle twisted arms, and two Sen- do our job. And it will be our intent to expeditiously this year in order to en- ators switched their positions, and we do so. sure that we improve the FDA review lost that by one vote. But every Repub- So, I thank all Senators in advance process for new products as well as re- lican and 11 Democrats had the courage for their cooperation as we begin what authorize the Prescription Drug User of their convictions and voted for it. I hope will be a productive couple of Fee Act. And we are going to do so in Then I asked the President and his months. We have a lot of good legisla- a bipartisan manner. people to send us a real budget, a budg- tion we can take up, we will take up, Let me state that I intend that these et that showed courage, showed leader- and I think when we go out for the Me- issues will move together. It is my ship, that would have some restraints morial Day period we will have several goal, as chairman of the authorizing in the entitlements area, that would bills that we can point to with pride committee, to have a bill ready for the preserve and protect Medicare, that that we have voted on. full Senate’s consideration before mid- year. During the last Congress, my would give some tax relief to working f Americans, that would have some re- predecessor, Senator Kassebaum, led straint and controls on the rate of in- UNANIMOUS-CONSENT our committee in reporting out legisla- crease on nondefense discretionary AGREEMENT—S. 104 tion which emphasizes the FDA has a spending and would do what needs to Mr. LOTT. Mr. President, I ask unan- role in bringing needed products to the be done in the defense area; show some imous consent that at 1 p.m. today the public in a timely fashion as well as a leadership. They did not. They sent a Senate resume consideration of the role of protecting the public from political document. motion to proceed to S. 104. harm. Since that time, we have tried to en- The PRESIDING OFFICER (Mr. This year, I look forward to con- courage some movement with the sug- ENZI). Without objection, it is so or- tinuing that work. The objective of gestion that we have a commission to dered. modernizing the FDA is to make more decide on the accurate, honest number f information and better products avail- of the Consumer Price Index. The able to the public in an expeditious President indicated preliminarily he MORNING BUSINESS way, to foster and improve a new prod- thought maybe we could get a commis- The PRESIDING OFFICER. Under uct review process, and require that sion on that. To his credit, the Demo- the previous order, there will now be a the agency be as efficient and effective cratic leader indicated he thought that period for morning business. as possible in carrying out its statu- was a move in the right direction. But Mr. LOTT. Mr. President, seeing no torily defined duties. then they backed away from it. Other Senator seeking recognition at this As chairman of the Labor and Human suggestions have been made by the Re- point, I suggest the absence of a Resources Committee, my approach publican leadership, but there has been quorum. will be to identify problem areas in the no reciprocation, no action. The PRESIDING OFFICER. The FDA regulatory system for drugs, de- The President needs to lead in this clerk will call the roll. vices, and other products which can be area. If he does not, we are moving on. The legislative clerk proceeded to improved with legislation and gives the We are moving on. We have to do this call the roll. FDA the tools it needs to address other budget. We will do a budget in the Sen- Mr. ASHCROFT. Mr. President, I ask problems administratively. ate in the next few days. I think we unanimous consent that the order for Specifically, we will target areas have to get action in the Budget Com- the quorum call be rescinded. that have the effect of needlessly de- mittee here in the next couple of The PRESIDING OFFICER. Without laying patient access to safe new thera- weeks. We have to get some decision objection, it is so ordered. pies and products. In addition, we must made so the Appropriations Committee Mr. ASHCROFT. Mr. President, I ask not squander scarce FDA resources on can begin to move forward. We hope it unanimous consent that, for purposes bureaucratic procedures which confer will be a bipartisan agreement. We of introducing a bill and making re- no demonstrated public health benefit.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2763 We must also reauthorize the success- I am so pleased that we are pro- buildings, many of which are spread ful Prescription Drug User Fee Act, ceeding on this, and not only in a bi- over 27 different sites. They often are also known as PDUFA. partisan fashion, but a nonpartisan short-staffed. And they need to make In 1992, the pharmaceutical and bio- fashion. I had the pleasure of working sure we pass PDUFA so that they have technological industries were so con- with the former chairman, Senator the adequate resources they need to do cerned about the length of time taken Nancy Kassebaum of Kansas, who re- the job while we help them fashion an by FDA to approve new drugs that they tired, on fashioning a bipartisan frame- adequate legislative and regulatory were willing to adopt FDA’s proposal work on FDA reform. framework. that they pay user fees in exchange for I am so pleased that her successor, We can build on this great track faster reviews. FDA has been able to Senator JEFFORDS, has picked up the record. With the extension of PDUFA reduce mean approval times for new same framework as a working docu- for another 5 years, we can have the drugs to which user fees were paid from ment for us to be able to proceed be- opportunity to make further improve- almost 30 months in 1992 to 15.5 months cause this is what the American people ments. What can be done with some in 1996. We need to continue this effort. want us to do—to work together to be new drugs should be done for the ben- Notwithstanding the success in re- able to have a Federal agency that efit of many other patients. ducing the review time for new drug oversees the approval of our pharma- Mr. President, we are talking about applications, the period of time it ceuticals, biotechnology, and bio- the need to provide all the help we can takes pharmaceutical and biotechno- medical devices to ensure their safety to a Government agency that has an logical groups to work with FDA on and efficacy, but also to make sure enormous impact on the day-to-day the drug development phase before an they move out into clinical practice in lives of Americans. The FDA is in- application is even submitted has a timely way. This is what we need to volved with everything from the drugs lengthened. It is my hope that we can do because it will save lives and gen- we take to the food we eat. Let us introduce new performance measures erate jobs in the United States of move on PDUFA and FDA reform in a for the FDA in addressing the drug de- America. sensible, responsible bipartisan man- velopment phase and further enhancing So I look forward to working with ner. And as this is done, we must focus the drug review and approval phases as the distinguished chairman in fash- on the values of safety and efficacy part of the reauthorization of PDUFA. ioning the bill in committee and with while we will also streamline our proc- It is essential to note that these user the Republican leader in moving it to ess. fees are contingent on the Appropria- the Senate floor, because it is time to I know also in the Chamber is the tions Committee’s making available to bring a smokestack regulatory frame- distinguished Senator from Oregon the FDA the pre-1992 level of appro- work into the computer age. FDA [Mr. WYDEN], who when we worked on priated funds to the Agency updated needs to adopt a new culture and move the original PDUFA was in the House. for inflation. This provides the assur- into the 21st century. That is why FDA He brings a great deal of knowledge to ance that user fees do not become a reform is so important. We need a new that. And we know he will be part of substitute for funds appropriated from regulatory framework that will make our bipartisan effort. So we thank you, general revenues. I say to the Senator, and look forward The administration’s budget puts sure that we bring exciting new bio- to working with you. this important principle at risk with medical technology devices to not only In conclusion, I would like to also an 8-percent cut in the funding for the millions of Americans in a timely fashion but this is a global field that will thank the chairman of the committee, FDA. I know of Chairman STEVENS’ in- Mr. JEFFORDS. He established a com- terest in the FDA and its approval enable us to export around the world. mittee now called Public Health and process. I look forward to working with Our country has been often known him, the other Appropriations Com- for exporting smart weapons of war but Safety. It is the first time I believe in mittee, and the majority leader to this will enable us to export smart new the committee’s history that we have make sure that the FDA has the full technology in the war against disease. had a committee devoted strictly to fo- level of funding it needs to perform its This will be absolutely crucial. cusing on the public health needs of vital functions across each of the cen- Reform is of great interest in my the American people. The Centers for ters. State of Maryland. Maryland is home Disease Control and NIOSH and others Mr. President, the Labor and Human to many biotechnology companies and will be so absolutely crucial. And being Resources Committee will move expe- medical device manufacturers and they the gentleman that he is, he yielded ditiously to have the reauthorization are creating new scientific products that plum to another member of the of PDUFA and legislation to modernize which will save lives. committee, and enabled Dr. BILL FRIST the FDA ready for the consideration of In the 104th Congress, under the able to chair that committee, who brings to the Senate. leadership of now retired Senator the committee the experience as a phy- Mr. President, I know the Senator Kassebaum, we reached that bipartisan sician of a hands-on clinical practice as from Maryland is here and also wants consensus on effective and responsible well as the know-how and what it real- to join myself and the majority leader FDA reform. Then I was pleased to join ly takes to be able to save lives. in making sure that the Senate does several of my Democratic colleagues in This is what we need to be doing—the what it must do in order to make the supporting the Kassebaum bill. And I right committee structure, the right improvements necessary to bring the am committed to achieving meaningful attitude within the committee so that FDA up to what it can be and should bipartisan reform this year. we can all work together so that at the be. Coupled with FDA reform though, end of the term, we might not have Mr. President, I yield the floor. this is the year that we must reauthor- solved every budget problem, we might Ms. MIKULSKI addressed the Chair. ize something called PDUFA. As has not have balanced every line item, but The PRESIDING OFFICER. The been outlined very ably by the chair- at the end of this term people will be Chair recognizes the Senator from man of the committee, this Prescrip- safer, their food, their pharma- Maryland. tion Drug User Fee Act has shown that ceuticals, and so on, will be able to Ms. MIKULSKI. Mr. President, I it will significantly reduce drug ap- move quicker, faster, cheaper, main- want to state very clearly that I agree proval time because it generated fees taining safety and efficacy because of with the distinguished majority leader, that have been used to hire more staff. what this committee has done. I look the Republican leader, and the re- It enabled the FDA to move more expe- forward to cooperating with that. spected chairman of the Labor and ditiously in moving new drugs to pa- Mr. President, I yield the floor. Education Committee, Mr. JEFFORDS, tients more quickly. For example, new Mr. JEFFORDS addressed the Chair. in reauthorizing the Prescription Drug AIDS drugs are being approved now in The PRESIDING OFFICER. The User Fee Act this year. And I also sup- a matter of months rather than a mat- Chair recognizes the Senator from port strong bipartisan agreement on ter of years. Vermont. FDA reform. The time has come. The FDA itself is located in my own Mr. JEFFORDS. We are awaiting the time is now. It is a window of oppor- State. They work under very difficult arrival of the majority leader. I know tunity to just do it. situations. They work out of modular the Senator from Oregon has somewhat

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2764 CONGRESSIONAL RECORD — SENATE April 7, 1997 of a lengthy statement. I wonder if he ators, we were not able to bring it to be a critical few months in Medicare’s would be willing to be interrupted by the floor with that threat hanging over history. There is an opportunity to en- the majority leader should he arrive the legislation. gage this issue as serious debate begins and that we also would place his state- However, as the urgency of this legis- on the fiscal year 1998 budget. I believe ment preceding mine such that it lation becomes more and more appar- that there is now a unique window of would appear in the order originally in- ent, I am confident that the Labor and opportunity for reforming Medicare tended. Human Resources Committee under that would come along in only rare in- Mr. WYDEN. I thank the gentleman the able leadership of the distinguished stances. for his courtesy. Perhaps we might Senator from Vermont [Mr. JEFFORDS], Three factors combine to make this a wait a few more minutes for the leader. will undertake this worthy effort with- special opportunity to try to set Medi- Mr. JEFFORDS. Mr. President, I sug- out delay. care on track for the next century. The gest the absence of a quorum. Congress must also consider another first is that the Federal deficit is less The PRESIDING OFFICER. The important law this year, the 1992 Pre- than was anticipated for this year, just clerk will call the roll. scription Drug User Fee Act which is over $108 billion. Second, we have a The legislative clerk proceeded to scheduled to expire on September 30, fairly benign economy. Surely, there call the roll. 1997. are too many folks still hurting, there Mr. LOTT. Mr. President, I ask unan- The user fee law was the result of a are too many folks falling between the imous consent that the order for the historic agreement between Congress, cracks, but overall the economy has quorum call be rescinded. the Food and Drug Administration, and been strong. Third, it is very clear that The PRESIDING OFFICER (Mr. SES- the pharmaceutical and biotechnology our country will face a demographic SIONS). Without objection, it is so or- industries. Industry agreed to pay $347 earthquake in the next century with so dered. million in user fees during the 1993–97 many more older people, and we have a Mr. LOTT. Mr. President, this Con- period, which enabled the FDA to speed window of opportunity now to act be- gress has an opportunity to build on up the approval process by employing fore those demographic trends are set the progress made in the 104th Con- an additional 600 reviewers. Unless this in place. My view is that Medicare does not gress to assist the Food and Drug Ad- vital law is renewed, the advances need to be reformed because it has ministration in meeting the needs of made by the FDA will be interrupted failed but because it has been such a millions of Americans who are await- and the progress will be damaged. great success that it cannot be allowed ing the advancement of new medicines. As majority leader, I plan to do ev- to deteriorate. I argue that only en- Over the years, I have known individ- erything I can to ensure that PDUFA, emies of this program would want it to uals who have needed medicines and the legislation I just referred to, is re- stay exactly as it is, because the status medical procedures that they could not authorized for another 5 years, thus en- quo, the Medicare status quo that en- get because the FDA had not done suring that our sickest patients will courages waste and discourages user- whatever was necessary, in their opin- have fast access to life-saving products. friendly innovation, in my view, con- ion, to approve these procedures. I have Mr. President, Congress must meet signs Medicare to very difficult times. known of examples of people going to these two challenges. We must act now Mexico for medicine or to England for The General Accounting Office, for for the patients all across America. I example, has estimated that the gap a medical procedure because they could certainly commend Senator JEFFORDS between expected revenues for the pro- not get that procedure in America. Yet for his efforts in this area, his leader- gram and the enormous service de- 20 years later, one of the procedures ship, and my good friend, the Senator mands is going to produce a gap of al- that Americans had to go to England from Maryland, Senator MIKULSKI. She most a half trillion dollars at the end to get now is so common it is almost has been a leader in getting this col- of the next decade. This program, done as an outpatient procedure. That loquy and getting these statements which is a lifeline to 38 million senior is ridiculous, and it is time we make printed in the RECORD today. I com- citizens, faces very serious, if not ca- some progress in advancing these new mend her and urge my colleagues on lamitous, financial circumstances by medicines in a more expeditious man- the appropriate committee and on both the end of the decade. There are a vari- ner. sides of the aisle to support these two ety of reasons for this, as I am going to We also have an urgent need to act to very important pieces of legislation. outline this week. extend the highly successful law that I yield the floor. In much of the United States, Medi- will expire later this year unless it is The PRESIDING OFFICER. The Sen- care is engaging in wasteful practices renewed in a timely fashion. ator from Oregon is recognized. that the private sector consigned to Let me review last year’s legislation Mr. WYDEN. Mr. President, I ask the attic years and years ago. In much that would enable the FDA to meet the unanimous consent to speak for 30 min- of the country, Medicare is inefficient, demands of the rapidly approaching utes as in morning business. volume-driven, clunky health care, and 21st century. The PRESIDING OFFICER. Without it is one of the first things that needs This past year, we had wide bipar- objection, it is so ordered. to be changed. tisan agreement on essential elements f I believe that there are substantial of FDA reform in both Houses of Con- MEDICARE opportunities for this Senate to move gress. In the Senate, the Labor and on Medicare reform, and I think there Human Resources Committee approved Mr. WYDEN. Mr. President, the proc- are some special areas that we should S. 1477, the Food and Drug Administra- ess of making public policy, like much be careful to avoid. I say, Mr. Presi- tion Performance and Accountability of life, is about opportunity, risk, and dent, and colleagues, that I think it Act, by a 12-to-4 bipartisan margin. In reward. That proposition is clearly would be a great mistake to appoint the House, H.R. 3199, the Drug and Bio- demonstrated when the Senate looks at yet another bipartisan commission to logical Products Reform Act was co- the critical issue of Medicare reform. study Medicare. A number of our col- sponsored by more than 200 Members of I take the floor today, as I plan to do leagues have proposed that. I have both parties. every day this week, to talk about a great respect for them, but if there is It was unfortunate, Mr. President, tremendous opportunity that the Sen- another bipartisan committee that that despite the best efforts of then ate has before it, the opportunity to fi- studies this issue, I believe we will see Labor and Human Resources Chair nally remake Medicare for the 21st cen- bipartisan inertia for Medicare for Nancy Kassebaum, as well as my col- tury in a bipartisan way. The Senate years and years to come. The first leagues Senator DAN COATS and Sen- ought to seize this opportunity to act question a bipartisan commission ator CHRIS DODD, we ran out of time now and act boldly so that Medicare would face is should they report before last year before S. 1477 could be can be preserved for future generations the 1998 election. Then there would be brought to the Senate floor. I wanted of Americans. a question about whether they would to do it. They wanted to do it. A bipar- As Senators return from visiting report before the year 2000 election. tisan group wanted to do it. In the face their respective States today, we begin I do not think that a commission can of a threatened filibuster by some Sen- a legislative period that I believe can create a forum for avoiding the tough

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2765 choices. That is why I come to the that kind of approach to the attic cause these alternative professions will floor today, as I will this week, to out- years ago in eliminating the rewards help us to hold costs down through line first why it is so important to act for waste and penalties. Efficiency more competition and also because and why I believe that finally, after a should be a central component of any they offer good quality care. substantial period of sharp and acri- Medicare reform. Next, Mr. President, I would unleash monious debate on Medicare, it ought Third, Mr. President, it seems crit- the power of new telecommunications to be possible to act in a bipartisan ical, in my view, to protect the rights technologies in the health care field. A way. of patients. I believe that when there is number of Senators on both sides of I have had a number of private con- a modernized Medicare Program, there the aisle have sought to expand the versations with my colleagues on this will be more managed care available role of telemedicine, which is already issue over the last few months. I be- under the program across this country. delivering good quality, low-cost care, lieve that despite some of the political Many of our citizens, seniors and oth- particularly in the preventive area. It backbiting that has gone on on this ers, have had legitimate questions is time for Medicare managers to em- issue, every Senator understands that about managed care, and I believe it is ploy these tools. But as we see in so this program has to be reformed. In important to put in place strong pa- many parts of Medicare, the Federal some measure, the U.S. Senate and the tient protections to safeguard the Government program, which is relied Congress have become like a bunch of rights of older people. This would in- on by millions of seniors and their fam- reluctant seventh graders at a junior clude provisions such as a ban on these ilies, lags behind the private sector. high school sock hop, standing on the gag clauses that keep older people from The Federal Government hasn’t even gym sidelines, all waiting for the first knowing their rights in managed care taken baby steps in terms of trying to brave soul to hit the dance floor. plans. It would include stronger ap- set out a policy to utilize telemedicine. In an effort to try to move the proc- peals procedures, grievance procedures, So my legislation tries to ensure that ess forward, to jump-start the debate, I and also the right of patients in man- Internet access, which at least will recently introduced S. 386, the Medi- aged care plans to get data through re- help our rural communities, is avail- care Modernization and Patient Pro- port cards about how their plan stacks able. And, Mr. President, Senators on tection Act. up on key issues. I believe that part of both sides of the aisle have done good I offered this legislation not as a be- the effort to reform Medicare ought to work that could be incorporated into a all and end-all solution to all of the fi- be to protect patients’ rights, and this Medicare reform bill. nancial challenges we face with Medi- should be a central component of Medi- Finally, Mr. President, I propose in care, but rather as a direction to build care reform as the effort to promote my legislation to clear away the regu- on some of the progress that has been more competition goes forward. latory underbrush that needlessly and made in areas of the country like my Fourth, Mr. President, I would expensively fragments our system of own in Oregon. Much of Oregon is al- change the reimbursement system that care for the older folks who are eligible ready operating 21st century Medicare is used in Medicare, known as the aver- for both Medicare and Medicaid. These services, operating Medicare in a way age adjusted per capita cost. This is a are folks on a low, fixed income. They that is good for seniors and good for sleep-inducing, eye-glazing concept by are the so-called dual eligibles. Right taxpayers. So when people tell me it’s any calculus, but it is the guts of Medi- now, they are a big factor in major cost not possible to get this program on care reform. To reform this system, we increases in both Medicare and Med- track, I invite them to come to my own ought to gradually increase the reim- icaid. It is time for some more creative State, because in my own State we bursement levels for low-cost areas, approaches for dealing with those older have been able to do it. many of them in rural areas, and we people who are eligible for both Medi- Mr. President, I would like to outline ought to inject more competition in care and Medicaid. My legislation pro- briefly a few of the specific items in high-cost areas. There have been a poses that, and I intend to outline that my Medicare legislation that I will go number of recent analyses indicating further in the week. into further detail on throughout this that some managed care plans have Mr. President, the legislation that I week. been overpaid, many of them in the have introduced can save about $100 The first initiative in any responsible high-cost areas. Introducing more com- billion in hard savings over the next 5 Medicare reform effort has got to be to petition in those high-cost areas years to provide short-term financial bring more choices and more competi- through changes in this Medicare reim- stability for the program. I submit tion to the program. We have to see bursement formula is a sensible way to that our challenge now is to lay the Medicare reform in comparison to what enact bipartisan reform. foundation for the next century. My the private sector has done. Members Then, Mr. President, it is critical legislation doesn’t, in any way, deal of the U.S. Senate should not have too that the Senate tighten up efforts to with all of the tough questions that the much difficulty grasping this concept fight fraud in Medicare. The General Senate is going to face on Medicare. because a model, the Federal employee Accounting Office recently indicated Medicare is not just an important part health benefits plan, exists. Members that about 10 percent of all of the costs of the Federal budget; Medicare is like- are part of it, and surely it can be a of Medicare are lost due to fraud. In a ly to be the Federal budget for the next central plank for any bipartisan Medi- $200 billion program, $20 billion lost to 15 to 20 years. When we look at the care reform to look to the model of the fraud and abuse has plagued the pro- technological explosion and the ex- Federal employees health benefits plan gram. Stronger penalties ought to be traordinary technologies that are to produce more choices and more op- imposed for defrauding Medicare. If available, when we look at the demo- tions. someone engages in a flagrant, rep- graphic tsunami that is coming in the The second plank of any Medicare re- rehensible fraud, they ought to be next century with so many older peo- form effort should be to eliminate the kicked out of the Medicare Program ple, the challenge now is to lay a bipar- rewards that the program has for waste for all time, not just some sort of slap tisan foundation to build on in the and eliminate the way it penalizes the on the wrist in a resolving door situa- years ahead. The program that I have frugal. As incredible as it sounds, tion. For flagrant frauds, there ought described and the legislation I have in- that’s exactly what happens in the to be lifetime debarment. troduced takes from the efforts of both Medicare Program as it relates to Next, Mr. President, in my legisla- political parties over the last few years health plans. If a plan holds down their tion we would expand the role of alter- on Medicare. costs, they end up getting penalized, native health care providers. Nurses, For example, my legislation protects and very often it is tough for providers, physician assistants, pharmacists, and defined, secure, guaranteed benefits for particularly in rural areas, to make a chiropractors, among others, have older people under Medicare. A number go of it. If a plan or part of the country shown an ability across this country to of Senators, led by Senator KENNEDY, sits on its hands and does not make an deliver good quality, affordable health have made this their priority, and I am effort to hold down costs, they get big- care to older people. They ought to be of the view that they are absolutely ger reimbursement checks. That’s not allowed to play an expanded role in the right. I think it would be a great mis- right. The private sector consigned Medicare of the 21st century, both be- take to say that the future of Medicare

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2766 CONGRESSIONAL RECORD — SENATE April 7, 1997 ought to be to just involve handing a already with Chairman DOMENICI, The Senate proceeded to consider the check to an older person and say, Chairman GRAMM on the other side of motion to proceed. ‘‘Well, ma’am, buy health care until the aisle, and have been very gracious Mr. MURKOWSKI. Mr. President, I your money runs out. If the cost of in that regard. I have had a chance to am going to be speaking this afternoon your care is greater than your check, talk to the minority leader, Senator at some length on Senate bill 104. This well, so be it.’’ I think it is important DASCHLE, and Senator KENNEDY, who is a bill that provides a comprehensive to have guaranteed, secure, defined have done so much good work. plan for the Federal Government to benefits. Many Senators have stood for Mr. President, I close by saying that meet its obligations to provide a safe this principle. It is at the heart of my my concern is to make sure that the place to store spent nuclear fuel and legislation. Senate, after years of bitter and acri- nuclear waste. Let me also say that I believe that monious discussions on Medicare, now Mr. President, I think it is important many Senators on the other side of the tries to approach it in a different way, to reflect on some of the background aisle have been absolutely right in say- in a bipartisan way, in a way that will associated with nuclear waste and the ing that it is time to bring more com- allow us to tap the revolution of pri- status of our continued dependence on petition and more choice to the Medi- vate sector health care, in a way that nuclear energy. care Program. Many Senators on the is good for patients, and in a way that First of all, let me refer to an article other side of the aisle have made the is good for seniors and for taxpayers. by Bertram Wolfe. Mr. Wolfe is a con- case that competitive models—be it Mr. President, I yield the floor. sultant at Monte Sereno, CA, and a the Federal employee health plan or be f former president of the American Nu- it the private sector—ought to be the clear Society. He suggests that by HONORING THE MAPLES ON THEIR kind of approach that we look to for midcentury, the Third World popu- 50TH WEDDING ANNIVERSARY 21st century Medicare. I believe they lation on this Earth will double from 4 are right. I believe, in addition, that it Mr. ASHCROFT. Mr. President, fami- billion to 8 billion people while the is now possible to forge a bipartisan co- lies are the cornerstone of America. population of the industrial world will alition on Medicare between the two The data are undeniable: Individuals grow by about 20 percent, to 1.2 billion. parties, where those who have advo- from strong families contribute to the He further suggests that unless we ex- cated for guaranteeing secure, defined society. In an era when nearly half of pect to see the majority of the world’s benefits can work with those who have all couples married today will see their people living indefinitely in dire pov- called for more competition and more union dissolve into divorce, I believe it erty, we should be prepared for per cap- choice and the kinds of changes that is both instructive and important to ita energy use to rise rapidly with eco- have come to the private sector. honor those who have taken the com- nomic progress. Even if the Third What it comes down to, Mr. Presi- mitment of till death us do part seri- World per capita energy use rises to dent, is, will the Senate have the polit- ously, demonstrating successfully the only one-third of the United States ical will to do it? Will the Senate have timeless principles of love, honor, and level, that increase, in combination the vision to see beyond the next elec- fidelity. These characteristics make with the expected population growth, toral ridge? I believe that there is an our country strong. will result in a threefold increase in extraordinary opportunity now to set For these important reasons, I rise world energy use by the year 2050. out a foundation for the next century. today to honor Richard and Beatrice We know that in the next century we He further suggests that if fossil Maple of Sedalia, MO, who on April 19 fuels are used to supply these increased are going to have to be dealing with will celebrate their 50th wedding anni- the question of whether, hypo- energy needs, we can expect serious de- versary. My wife, Janet, and I look for- terioration of air quality and possibly thetically, Lee Iaccoca ought to be ward to the day we can celebrate a paying more for his Medicare than environmental disaster from global cli- similar milestone. The Maples’ com- mate change due to the greenhouse ef- should a woman who is 75 years old and mitment to the principles and values of on a low income who suffers from Alz- fect. In addition, increased demand for their marriage deserves to be saluted fossil fuels, combined with the dwin- heimer’s. I didn’t address it in my leg- and recognized. islation, but I happen to think that dling supply, undoubtedly will lead to ought to be done. Senators will have f higher prices, slower economic growth, different views on that issue. and the likelihood of energy-related CONCLUSION OF MORNING global conflicts. Mr. President, I am not convinced BUSINESS that’s the issue that has to be tackled I wonder if anyone in this Chamber right now. The issue that has to be The PRESIDING OFFICER. Morning would doubt that Kuwait’s oil re- tackled by the Senate right now is to business is closed. sources were a major factor in the come up with $100 billion of hard sav- f United States willingness to take mili- ings to deal with the budget resolution tary action against Iraq. Unfortu- NUCLEAR WASTE POLICY ACT and the short-term financial challenge nately, alternatives to this scenario AMENDMENTS—MOTION TO PRO- of Medicare and then to lay the founda- are few. Perhaps the future world en- CEED tion for the next century. The founda- ergy use can be stabilized at a level tion for the next century can build on The PRESIDING OFFICER. The much less than a third of present U.S. some very good work being done by question is on the motion to proceed. per capita use. Of course, that demand Senators of both political parties. I The Senate resumed consideration of could be much higher. Perhaps solar or have been meeting with those Senators the motion to proceed. wind power will become practical on a privately. Mr. MURKOWSKI addressed the larger scale. Perhaps fusion, or even I will have more to say during this Chair. cold fusion, will be developed. But as week, Mr. President, for I intend to go The PRESIDING OFFICER. The Sen- we enter the world’s energy needs in into further detail on my comprehen- ator from Alaska. the 21st century, we have to focus on sive Medicare reform legislation every Mr. MURKOWSKI. Mr. President, I one area that currently provides us day this week. I will close with one last ask unanimous consent that the vote with nearly 21 percent of our elec- point. This issue is so important to our on the motion to invoke cloture on tricity in the United States, and that country and so important to the Sen- Senate bill 104, the Nuclear Waste Act, is nuclear power. Even conventional ate that I believe in the next century— occur at 5:15 on Tuesday, with the time nuclear powerplants will face fuel sup- 2010, 2020, 2030—people are going to ask between 2:15 and 5:15 equally divided ply problems in the next century if everyone in public life today: What did between the proponents and opponents. their use expands significantly, which you do to try to get Medicare on track? The PRESIDING OFFICER. Without is why we ought to consider the use of I believe the legislation I have intro- objection, it is so ordered. the advanced liquid metal reactor duced opens up the opportunity for bi- Mr. MURKOWSKI. Mr. President, I which can produce more than 100 times partisan discussions toward Medicare thank the Chair. I wish the occupant of as much energy per pound of uranium reform. I have had a number of those the chair a good afternoon. as conventional reactors.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2767 The United States, as we know, has tude. The surplus of oil distorted the plants. As a consequence of that, we been a leader in the development of nu- Nation’s perspective on energy in gen- have not been able to move from a tem- clear power technology and in the eral and nuclear energy in particular. porary storage to a safe, permanent adoption of stringent safety standards. A number of environmental organiza- storage. We have the temporary stor- It is important to note that not a sin- tions, such as Greenpeace and the Si- age in the areas, in the pools, next to gle member of the public has been erra Club, insisted that the Nation our reactors. But, as a consequence of harmed by the operation of any of the should hold out for ideal or risk-free that, we seem to face the situation world’s nuclear plants that meet U.S. sources, such as energy conservation, where environmental Neros fiddle standards. The Chernobyl reactor, solar power, and wind energy. No one while Rome burns. The current genera- which lacked a containment structure, suffered from a shortage of electricity tion of U.S. nuclear powerplants has did not meet U.S. standards. as the construction time for nuclear performed remarkably well and an But the future of nuclear energy in powerplants expanded a full 6 years—to even better generation of new designs the United States is now very much in 10 or 15 years, or even longer. These ex- is ready. General Electric, in a partner- question. Since 1973, all nuclear energy tended construction times have been ship with Hitachi and Toshiba, has de- plant orders have subsequently been ascribed to an even more complicated veloped the advanced boiling water re- canceled. In 1993, U.S. utilities shut and inefficient regulatory system, and actor. Construction of this reactor down three nuclear energy plants rath- court delays resulting from suits began in Japan in 1991, and the plant is er than invest in needed repairs. Of the brought by those opposed to nuclear already operating at full power. The 110 presently operating U.S. nuclear power. In Japan and France, for exam- ability to build and begin operation of energy plants, 45 will reach the end of ple, where demand for electric energy a new design in less than 5 years is a their planned 40-year lifetime in the continued to grow rapidly, new nuclear testament to the quality of the firms next two decades. energy plants of U.S. design are today that stand behind this. Mr. President, this is the wrong time still being licensed and built in 4 to 6 Experience with the U.S. licensing for the Nation, and for the world, for years. and court review procedures suggest that matter, to ignore nuclear power. First, I personally would question that today it can take 2 to 4 times as Demand for energy will grow. Our op- whether Congress would have tolerated long to construct a nuclear plant in the tions are limited. Ironically, environ- the delays if the new electricity were United States as it does abroad, with mentalists who have opposed nuclear truly needed. One of the results of the the exorbitant cost increases. power since the 1970’s should have the delays, however, was that the cost of Mr. President, this brings me to the strongest rationale for promoting nu- building a nuclear plant in the United point in the debate where I think it is clear energy. Like all large endeavors, States increased dramatically, making appropriate to reflect on history. I am nuclear power has its problems and it nuclear power uncompetitive and unat- referring to an article that appeared in has its risks. But the problems of nu- tractive to many investors. But let’s Scientific American in July 1976. clear power do not look so bad when look at the benefits. Mr. President, let me just read an ex- compared with air pollution, global Although the rate of growth of elec- cerpt from that particular article, be- warming, and the supply limitations tricity use declined after 1973, demand cause I think it reflects on something associated with fossil fuels. Besides, increased, as the economy expanded, to that has been overlooked. That is the the major drawbacks of nuclear power U.S. electric use, increasing 70 percent natural element of nuclear fission as from cost to waste disposal are due between 1973 and 1994. Coal generation we know it today. more to institutional impediments doubled between 1973 and 1994, and Mr. REID. Mr. President, will my than to technological difficulties. Con- today coal provides over 50 percent of friend yield for a unanimous-consent sidering the growth in energy demand U.S. electricity. The 74 nuclear energy request that will just take a second? I and the risks associated with other en- plants that came on line in this period just want to get staff in here, is all. ergy sources, the benefit-risk ratio for increased the nuclear share of electric Mr. MURKOWSKI. Sure. nuclear power is very attractive. generation from 4 percent in 1973 to PRIVILEGE OF THE FLOOR We recall that peaceful nuclear more than 20 percent today, second Mr. REID. Mr. President, I ask unan- power development started slowly in only to coal. imous consent that Bob Perret, a pro- the 1950’s. But by the mid to late 1960’s, The other sources, for the benefit of fessional fellow, be granted the privi- commercial nuclear powerplant orders the Members, are natural gas at 4 per- lege of the floor during the pendency of began to take off. And by the 1970’s, 30 cent, hydropower at 9 percent, wood, this bill. to 40 nuclear plants were being ordered wind, and solar 3 percent, and oil 3 per- The PRESIDING OFFICER. Without each year. This outlook resulted from cent. objection, it is so ordered. several factors. The first was that elec- The added nuclear capacity allowed Mr. MURKOWSKI. Mr. President, I tric use was growing at a rate of about for the shutdown of oil-fired plants and think it will be of interest for my col- 7 percent per year, leading to a need for permitted the utilities to reduce oil leagues to note that a high level radio- doubling of electric capacity every 10 imports by some 100 million barrels per active waste experiment occurred some years. year. The substitution of nuclear or 1.8 million years ago in west Africa, in Responding to some very negative fossil fuel plants has reduced the what is now the nation of Gabon, at a public reactions to his company and present CO2 atmospheric emissions by place called Oklo. The French were the company’s announcement that it 140 million metric tons of carbon per prospecting in their former colony for would be starting up a new coal-fired year—roughly 10 percent of the total uranium for their developing nuclear plant in 1961, McChesney Martin, chair- U.S. CO2 production. Nevertheless, the program. Some 2 billion years ago, all man of Florida Power and Light, prom- United States still needs to reduce car- the uranium on Earth contained some 3 ised never to build another coal plant. bon production by an additional 10 per- to 4 percent uranium 235, and the rest Shortly thereafter, Florida Power and cent to reach its goal of returning to is the normal level of uranium 238. But, Light submitted a plan to build a nu- the 1990 production level. In addition, because of natural radiation decay, all clear station in the mid-1960’s. replacement of fossil fuel plants with U–238 today contains only about 0.7 Mr. President, the Sierra Club be- nuclear power has reduced nitric oxide percent of U–235. U–235 is fissionable, came the major supporter of the Diablo emissions to the air by over 2 million and at about 3 percent enrichment can Canyon nuclear plant in California. tons annually, meeting the goal set by sustain a chain reaction. That means it This period of rapid nuclear expansion the Clean Air Act for the year 2000, and can undergo fission. That is just what and environmental support of nuclear has reduced sulfur dioxide emissions by happened to the uranium in Oklo, ap- power ended in 1973 after the Arab oil almost 5 million tons per year, half the proximately 1.8 million years ago. embargo and the boycott. As a con- goal for the year 2000. Some water seeped into the vein and sequence of that, the rate of growth The dilemma that we are in is a real began a slow chain reaction which con- fell dramatically. As the years went by one, because we are not able to store tinued for some several hundred thou- and the costs of crude oil continued to our waste that has accumulated as a sand years, generating some 10 tons of increase, we found a change in atti- consequence of our nuclear power- radioactive waste, including almost a

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2768 CONGRESSIONAL RECORD — SENATE April 7, 1997 ton of plutonium. The reactor became site that has been examined so far, and I refer to an editorial from the Hart- dormant and scientists have now meas- as a consequence we are committed to ford Courant that observes, ‘‘With the ured all the minerals at that site and proceed with the effort to establish a closing of the Connecticut Yankee they have shown that all the pluto- permanent repository there. plant at Haddam Neck, the issue of nium created at the site has decayed What S. 104 further attempts to do is what to do with the State’s high level and that all the original radiation to reaffirm our Nation’s commitment nuclear waste has moved from the the- decay products of fission were recov- to development of a permanent reposi- oretical to the here and now. Experts ered, close to the original natural fis- tory for nuclear waste, which is our on- say that Connecticut Yankee spent fuel sion reactor. This, altogether, released going objective. Over the past several could be stored at Haddam Neck for an- only a few feet from the surface. weeks I have worked with many of my other 30 years, ‘‘another 30 years, Mr. It is interesting to note the pluto- colleagues, notably Senator BINGAMAN President’’ if Congress fails to approve nium did not migrate away, even from New Mexico, to address concerns a temporary facility. Unfortunately, though there were no engineered bar- that he has with the bill and other con- the hands of the clock cannot be riers to prevent transport of the waste cerns. As a result of these discussions, turned back to a time when nuclear product. This natural experiment I am prepared to offer an amendment waste didn’t exist. In terms of its dis- shows that it is difficult, if not impos- that makes significant changes to S. posal, a remote desert site in Nevada is sible, for such waste to enter the bio- 104. simply the lesser of two evils.’’ sphere. It clearly demonstrates that Let me comment a little further on (Mr. ENZI assumed the chair.) geological repositories can successfully this bill, because while this bill was re- Mr. MURKOWSKI. Mr. President, the isolate radioactive waste from the bio- solved with a tremendous amount of waste was supposed to have been taken sphere. There is nothing unique about work by the staff, what it really is is by the Federal Government for safe, the geology of Oklo. That occurred, as an effort to meet our obligation to central storage by, as I said earlier, I have indicated, some 1.8 million years take our nuclear waste in a timely 1998. Will that happen, Mr. President? ago. manner and reduce the associated li- The answer is clearly no. No, because As we enter the debate on a com- ability that is going to come from suits we have not addressed the problem; we prehensive plan for the Federal Gov- brought to the Federal Government for simply put it off. ernment to meet its obligation to pro- nonperformance of the contract. If Even though this $12 billion collec- vide a safe place to store spent nuclear someone has a better idea for this bill, tion from American ratepayers to pay waste and nuclear fuel, I think it is im- or a better proposal to address the for this storage has gone into the Fed- portant to refer to the historical nat- problem now, why, this Senator is cer- eral coffers, and even though a Federal ural occurrence that took place in Afri- tainly willing to listen and very likely court has reaffirmed that the Govern- ca some 1.8 million years ago because accommodate it. ment has a legal obligation to take the it represents a phenomenon, if you But let me explain the amendment. waste by 1998, still, today, there is no will, that shows, indeed, a natural ex- The amendment, first of all, extends plan for action. perimentation that resulted in no unfa- the schedule for siting and licensing an By 1998, 23 reactors in 14 States are vorable outfall associated with the interim facility, specifically siting and going to be full. What are we going to process. licensing an interim facility. This do then? Are we going to shift over to Getting back to where we are today, means we can start the process that we some other power? We are going to our Government entered into a con- have had underway for a long, long have to do something. tractual commitment to take the time. Further, this allows even more By the year 2010, 65 reactors in 29 waste generated from our nuclear pow- time for the progress at Yucca Moun- States will be full. What are we going erplants and provide a safe storage and tain to be taken into account in siting to do then? disposition of that waste. That was the interim facility. It would provide The conservative estimate is that 25 some years ago. That contract is now that the interim facility will be li- percent of our nuclear plants will not due, for the Government to initiate censed by existing NRC regulations be able to build onsite storage and will performance, in 1998. As a consequence with no exceptions. It shortens the li- be forced to shut down. That would of the recognition of the inability of censing term of the interim facility to mean the loss of over 5 percent of our the Government to take that waste, on 40 years, so it puts a limit on how long Nation’s electric generating capacity. March 13 my committee on Energy and it can be used, and provides that its ca- When is Yucca Mountain going to be Natural Resources reported Senate bill pacity will only be that needed to ful- ready for a permanent repository? Not S. 104 on a bipartisan vote of 15 to 5. fill the Government’s obligation until a until at least the year 2015. What do we As you will recall, last year a similar permanent repository is available. And do in the meantime? Simply leave it bill passed the Senate by a bipartisan it preempts only State laws that are there? Let the litigation mount up for vote of 63 to 37. The bill would provide inconsistent with the provisions of the our inability to honor a contractual one safe, central, temporary storage act. This language is virtually iden- commitment? How good is a Govern- site at the Nevada test site or, if the tical to that in the Hazardous Waste ment contract if the Government can Nevada test site is found to be inad- Materials Transportation Act. simply ignore it? Therefore, in the equate, another chosen by the Presi- These changes are significant, but do mind of this Senator, what this Nation dent. At the same time, S. 104 reaffirms not harm the ability to reach the ulti- needs and what S. 104 is all about is a our Nation’s commitment to develop- mate goal. The ultimate goal is safe, temporary solution. ment of a permanent repository for nu- central storage; safe, central storage of When S. 104 passed the Energy and clear waste. Why the Nevada site? We our Nation’s spent nuclear fuels and Natural Resources Committee, it have been conducting nuclear detona- waste. High level nuclear waste and passed with a solid bipartisan vote of 15 tions related to the weapons testing highly radioactive used nuclear fuel is, to 5. Almost half of the members and program in the Nevada desert for some today, continuing to pile up. It is pil- all majority members voted in favor of 50 years. One can fairly conclude that ing up in 41 States at some 80 sites, and the bill. Americans have waited too the area has radioactivity. The area it is stored in areas that are populated; long for a solution to this environ- has been, time and time again, subject near neighborhoods, areas where mental and public safety challenge, to underground explosions of various schools are not too far away—you and there is absolutely no purpose to types. The area is well established with might say in the back yards of people be served by waiting any longer. an adequate security capability and an across America. One example that I am, of course, sensitive to the con- experienced work force. comes to mind is the Palisades plant in cerns of my colleagues from Nevada, Furthermore, when we get right Michigan, which is within 100 feet of but this is a legacy of our generation, down to this issue, we have to come to Lake Michigan. Another is the Haddam and we have an obligation to address the conclusion that nobody wants the Neck plant in Connecticut. My col- that legacy. To put it off to somebody waste—not one of the 50 States. But league from that State has observed else’s watch, another Presidential ad- clearly the experience in Nevada at the that he can see the plant from his ministration, simply puts off a respon- test site suggests that it is the best home. sibility and an obligation that we have.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2769 We have an obligation to act, and to try, and I am sure those in opposition The alternatives are a little more act in a timely manner, because we are to this bill will suggest that the best complicated, but we have the status going to be in breach of our contract thing we can do is simply leave it quo, 81 sites in 40 States. That is a next year. So there is a critical need to there. I do not know, Mr. President, if given. The red line says Yucca Moun- construct a safe, central storage facil- that makes sense to you. It does not to tain is viable for a permanent reposi- ity to eliminate the growing threat to me. Do we want this scattered all over tory. If that is fine, we have one safe, the environment and to the American the country when it simply makes central storage site. If the license ap- people. sense to put it in one area where we plication for Yucca Mountain is not As I said earlier, I worked with Mem- have had testing for some 50 years, filed, then we go back, if you will, and bers on both sides of the aisle to at- where we have an experienced work take the blue line—Yucca Mountain is tempt to solve the problems that they force, a security capability and the not viable for a permanent repository— have with this bill. In the markup, we knowledge that we are proceeding with the Secretary picks an alternative accepted several amendments from the a permanent repository in that area of storage site. If no site is chosen, it goes Democratic side, and I am ready to Yucca Mountain in Nevada? back to one central storage site. work with other Senators on amend- The fact is, as we proceed with Yucca So what we have attempted to do ments they may have to improve the Mountain in Nevada and the realiza- here is address concerns of Members bill, because our goal is a responsible tion that might be completed by the and still get the job done, because if we one. It is safe, central storage as soon year 2015, or thereabouts, the question do not get the job done, we are going to as reasonably possible after 1998. We is, why not move it, move it now, waste several hours in debate and find have offered, time and time again, to transport it now to a interim reposi- ourselves not addressing the obligation work with the new Secretary of En- tory adjacent to the permanent site? ergy, Secretary Pena, and the staff at Then one might say, ‘‘What happens we have to take this waste under the the Energy Department. During his if the permanent site does not become contractual commitment that we have. confirmation, we pressed the White suitable?’’ Let me tell you a couple I am willing to be flexible in the House to ensure that the Secretary has things about that permanent site, Mr. shape of either one of these boxes, but the portfolio to respond to this press- President. We have expended some $6 the result must always be the same. We ing problem, and they indicated that billion so far. It is estimated to cost now have an opportunity for bipartisan he did have that portfolio. some $30 billion by the time it is com- action, and I think that we must seize Over the recess, the committee staff pleted. So we are well on our way, as- that opportunity. I know that my has worked on a proposed compromise. suming it is licensable and assuming friends from Nevada will object to the Senator BINGAMAN’s staff has been very that it receives the certification nec- bill. They consider it probably a polit- constructive in this regard. Much of essary. ical necessity to oppose it. I can under- what Senator BINGAMAN has proposed So you are going to hear the argu- stand that. If it were not for Nevada, I appears acceptable. However, the bot- ment, if you move it out there and it is am sure it might be Vermont where tom line is the need for a predictable not suitable, then what are you going they have a lot of marble, or it might path, with certainty, to interim and to do? Then you obviously are going to be Montana, where they have a lot of permanent waste storage. We simply have to find someplace else to take it, rock. The point is it has to go some- cannot leave trap doors that allow cen- and that is not going to be easy. By the where. tral storage to be delayed for decades. same token, it has to go somewhere. There are going to be allegations I want to refer to a chart to identify There are 48 States on that map. It has that there is some bad science here. just what we are talking about relative to go somewhere. There are going to be efforts to try to to spent fuel and radioactive waste We have another chart that I want to scare us with references to ‘‘mobile that is destined for geologic disposal. bring up which shows what S. 104 is all Chernobyl.’’ That is an irresponsible This chart on my right shows the about. If we look over at the lower left- statement, Mr. President. Everybody United States, and for some reason or hand corner, we find that in 1998, if we who has looked at Chernobyl knows it another they left Hawaii and Alaska accept the status quo, we have 81 sites was not poor reactor design and human off, but that is not uncommon around in 40 States. If we look over at the red error that resulted in the accident. here. The brown areas show commer- arrow and find that Yucca Mountain is There was no containment building. cial reactors, and they are primarily in viable for a permanent repository, then The design was flawed, and not to the Midwest—Illinois, Minnesota—and we have achieved our objective, we United States or western standards. on the eastern seaboard. Those are have one safe, central storage site. The technicians bypassed the safety some 80 sites where we are generating What are we going to do if Yucca systems, the reactor went critical, and nuclear power at the present time. Mountain is not viable for a permanent we had a terrible accident. One of the things we have to keep in repository? We are going to address our But to suggest that our bill is mobile mind is, unless we find a way to take obligation. We are going to take that Chernobyl is just simply irresponsible. care of this waste—we are still going to blue arrow right up to the top, and if What we are trying to do is accept an have reactors, some of which have al- Yucca Mountain is not a viable site for obligation, a legacy of our generation, ready shut down and have spent fuel in a permanent repository, then it re- and that is to properly dispose of this onsite storage—we will simply be stor- quires the President to pick an alter- waste, and properly disposing of it does ing spent fuel in shutdown reactors. nate site. If the President refuses, we not suggest leaving it where it is. Currently, we have, designated by the are not going to let the President off Those nuclear reactors and those pools blue little pyramids, a number of shut- the hook. The President still has an ob- down reactors in Oregon, California, ligation. If the President does not se- that are being filled now were not de- and a few in the Midwest. lect an alternate site, the site defaults signed for extended storage. They are The next little block we have are the back to the Nevada test site. If the reaching their capacity. commercial spent nuclear fuel storage President picks an alternate site and Many in the environmental commu- facilities. We have fewer of those. We Congress ratifies the site, then we have nity see this as an opportunity to shut have a couple of them in the Midwest. one safe, central storage site. down a portion of the industry because We have non-Department of Energy re- The point of this chart is to show any additional storage, once the stor- search reactors scattered all through- where we are trying to go with this age is filled, will require additional li- out the country, in blue. We have naval bill, which is to address our responsi- censing. Some of that licensing is reactor fuel in Idaho, Washington, New bility and resolve this situation. This going to be controlled by States. The Mexico, Georgia, and we have the De- Senator, the chairman of this com- States will attempt to block it by partment of Energy spent fuel and mittee, is not going to accept amend- using various concerns, little of which high-level radioactive waste. I could go ments that penetrate the objective of have any scientific foundation. But on and on with a description of this this legislation, which is to address it nevertheless, they see this as a way to chart. and resolve it and do it now. So we substantially reduce the contribution One can quickly recognize that we have alternatives framed in this de- of nuclear energy to generate power in have nuclear waste all over the coun- bate. this country.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2770 CONGRESSIONAL RECORD — SENATE April 7, 1997 Some will imply if this bill does not The American people, I think, deserve be a viability assessment that will pass, nuclear waste will not be trans- better. occur before the interim site is built. ported through this country. Well, let Safe nuclear storage should not be a The President will have a choice of in- us take a little look at that. political issue. It is a scientific and le- terim sites after the viability assess- I have another chart here, because if gitimately environmental issue. We ment. one looks at the record, there have need a solution now. And why I do not This Nation faces a major decision, been 2,500 shipments of used fuel across know, but the administration has Mr. President: Either continue storing this country in the last 20 years. It is again turned a blind eye and a deaf ear. high-level radioactive waste materials just not history, Mr. President, it is In addition to threats in the environ- at these 80 locations in 41 States indefi- happening today. The Department of ment and safety, 22 percent of our elec- nitely, for the next administration, for Energy is transporting spent fuel from tric capacity is at risk now by not tak- the next Congress, or the next Con- nuclear reactors all over the world into ing decisive action on what to do with gress, and pay the claims and subject the United States virtually as we the waste generated by our nuclear the taxpayers to more litigation, or speak, by truck, by train, by barge, by powerplants. more safely contain them in one cen- boat. Mr. President, starting in January tralized facility. If you do not hear about this from 1998, taxpayers throughout the Nation, I am indeed sorry that facility has to the other side, there is probably a rea- whether you use nuclear power or not, be in one State, but it simply has to be. son. And that reason is because these are going to be subjected to claims of So the option is clear and safer. It is shipments have been and continue to billions of dollars in liability payments safer and cheaper. And the time for ac- be completely uneventful. They are because our Government has not met tion is now. shipped in casks that have been de- its obligation to take that waste. signed to address the emergencies fore- There is a contractual commitment Mr. President, I would like to refer to cast. In short, these spent fuel ship- outstanding, Mr. President. The esti- another chart relative to a misnomer ments, history shows, are safe. As a mate of taxpayers’ liability under a re- that has been brought up time and consequence, Mr. President, they are cent lawsuit blocked by States are esti- time again. And it is a legitimate con- not news anymore. mated to run as high as $80 billion. cern but it escapes a reality, and that At our hearing in February, all four How much is that per family, Mr. is the issue of transportation. members of the Nevada delegation ac- President? That is about $1,300 per fam- There has been 2,500 shipments of knowledged there was no process and ily. You may say, what do you mean? used nuclear fuel over the past 20 no level of scientific proof that would Why are we subjected to liability if the years. There has been no fatality, no decrease their opposition. I understand Government does not take the waste? injury, or no recorded environmental that, Mr. President. I appreciate that. I There was a contractual commit- damage that has ever occurred because know where they are coming from. ment, Mr. President, to take the waste of radioactive cargo. I have a map here They are coming from the reality that beginning in 1998. The Government is behind me that shows the routes for regardless of what State we are talking not going to be able to take that waste, transferring used fuel. And this took about, there would be an objection. But so there are going to be claims filed place from 1979 to 1995, the routes used we have a responsibility, Mr. Presi- and there is going to be interest ac- for 2,400 shipments. dent. The objections are based on poli- crued. If they have to relocate it or ex- They cover from Washington down tics, not science. pand facilities, there are additional through Oregon, close to California, One of the Nevada Senators was in costs. The last estimate I saw was Montana, Idaho, Salt Lake, Nevada, favor of sending high-level materials to about $59.9 billion. The estimate, as I Arizona, New Mexico, Colorado, Wyo- the Nevada test site as a State legis- indicated, could run as high as $80 bil- ming, North Dakota, Nebraska, Kan- lator. He voted for A.J.R. 15 which was lion. sas, Oklahoma, Texas, up and down the signed by the Nevada Governor in May The cost of storage of spent nuclear entire east coast seaboard, Min- 1975, which asked, in my opinion, the fuel: That is about $19 to $20 billion. neapolis, and Milwaukee. I could go on Federal Government to simply do just Return of nuclear waste fees: About and on but, Mr. President, I am sure that. I think he was right the first $8.5 billion. Interest on nuclear waste that you will agree it is a pretty im- time. It is safer, smarter, and cheaper fees: $15 to $27 billion. Of course, de- pressive transportation route. The map to contain these materials at one loca- pending on the interest rate used. Re- shows roads, rail lines. member the interest rate in December tion in the remote Nevada desert. Some would say that they did not The Nevada test site was used, as 1980? The prime rate was 20.5 percent. A know these shipments took place. stated, for decades to explore testing of lot of people have forgotten that, Mr. Maybe that is why they have become nuclear bombs and it helped win the President. Consequential damages for uneventful. There has been an accident cold war. And now it can help us win shutdown of 25 percent of the nuclear with a truck carrying a cask, but the the war on radioactive waste disposal. plants due to insufficient storage, cask that contained the nuclear mate- High-level nuclear waste, as I have power replacement costs: Some $24 bil- rials performed as designed. They have stated time and time again, Mr. Presi- lion. I do not know what it is, but it is not broken open. They were designed dent, is our legacy, and it is our obliga- going to be full employment for all the for an accident of that nature. tion to dispose of it. It is irresponsible lawyers certainly. to let this situation continue. It is un- Inaction is not an option. Inaction is We currently have about 30,000 met- safe to let dangerous radioactive mate- simply irresponsible. That is why we ric tons of spent fuel in the United rials pile up. Pile up where, Mr. Presi- have attempted to craft this legislation States. The French alone have shipped dent? Back in the 80 sites in 41 States. to address a reality that we are not that amount of spent fuel all over Eu- It is unwise to block safe storage in a going to be able to take the waste in a rope, all over the world. The Japanese remote area when the alternative is to permanent repository until the year are moving spent fuel from Japan to simply leave it in the 41 States. 2015. So this allows a temporary action France for reprocessing until they Mr. President, this is a national to move the waste out so it is retriev- build their own reprocessing plant. problem. It requires a national solu- able for disposition when a permanent This is not history, Mr. President. tion. We need to pass Senate bill 104. repository is constructed. This is happening today all over our I should comment briefly on the ad- Mr. President, many of the oppo- country and all over the world. There ministration’s attitude toward nuclear nents’ claims, I think, have little foun- seems to be somewhat of a double waste storage because it has been a dation. If we look back, interim stor- standard why the Department of En- rather interesting one. They have been age at the Nevada test site will not ergy claims it cannot possibly fulfill content to simply ignore the problem delay construction at Yucca Mountain. its obligation to the U.S. electric rate- as though they did not have one, as The type of construction we anticipate payers and the obligation to take spent though there was no obligation to take would be a concrete pad with a cask de- nuclear fuel. The Department of En- the waste, and simply disregard the signed to hold the waste until a perma- ergy is doing exactly that for foreign Government’s contractual obligations. nent repository is at hand. There will countries.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2771 Let me show you another map. Here guage builds on what is already a set are talking about old wine in a new are foreign research reactors through- system for spent fuel in the country. bottle. These arguments have been ad- out the world—Canada, South America, It is further interesting to note with vanced for decades now, and the prime Africa, Europe, Asia, Australia. this volume of traffic, some 2,400 ship- mover is the nuclear utility industry. They may ask why American tax- ments, the problem has never been ex- The fatal flaw in S. 104 is that it is payers are paying for the Department posure to radiation from spent fuel unnecessary, unneeded, and bad policy. of Energy to transport, store nuclear cargo, even in the fuel accidents be- That is not just the Senator from Ne- waste from foreign countries while tween 1971 and 1989. The Department of vada making that statement. Let me American ratepayers are subjected to a Transportation tells us that only seven review for the record some of the state- Government that refuses to honor its accidents occurred involving trucks ments made by various boards and contractual commitments, refuses to carrying nuclear waste. There was no commissions created by the Congress take the waste. radioactivity released in any of these in terms of their response. All the countries in color ship fuel to accidents. Why? Because transpor- We have the 1989 MRS Commission the United States for storage at the tation containers were designed to review. The commission report found Department of Energy facilities. It maintain their integrity. At one time no safety advantage to centralizing the seems to be a mystery. There are a lot they were designing transportation storage of spent fuel. In 1996, the Nu- of mysteries around here. If they sup- casks, and the objective was to have it clear Waste Technical Review Board port taking fuel waste from overseas, so they would withstand a free fall analyzed the issue of interim storage then you wonder if the issue of safety from 40,000 feet, assuming there was an and concluded that there is no urgent is really an issue. accident, and they were anticipating technical need for centralized storage How can it be safe for the Depart- moving it by airplane, and the engi- of commercial spent fuel—no need, no ment of Energy to ship spent fuel half- neers claimed they could do that. compelling necessity, no safety advan- way across the world but not across Mr. President, we will have an ex- tage to be achieved. That was 1996. some of our States? Well, let us take a tended debate on this issue in the com- Now, the Nuclear Waste Technical Re- little closer look because this is going ing days. As a manager of the bill, I view Board underwent a change in the to be the crux of a lot of the argu- will be sharing time with my col- composition of the chairmanship, so in ments. Let us look at what the Depart- leagues on various statements, accom- effect there was an opportunity for es- ment of Energy does to transport nu- modating amendments and pursuing sentially a new board composed of new clear waste across the United States. the debate with my colleagues from the members to review whether or not they This map, Mr. President, shows other side. I think it is important as would agree with the position taken by America’s research reactors. They are we reflect on reality that there is no their predecessors in 1996. In testimony all over the place—all the red lines. excuse for continuing to delay this ob- offered on February 5, 1997, by Dr. Idaho National Engineering Lab in ligation any further. Jared L. Cohen, the chairman of the Idaho; University of Missouri, Mis- I have gone over the liability of the Nuclear Waste Technical Review souri; University of Missouri, Colum- taxpayers. I have gone over the trans- Board, Dr. Cohen simply reaffirmed the portation that is in existence where we bia; Iowa State University; Purdue position taken by his predecessors, have moved nuclear waste around this University; the University of Michigan; that there is no need, either for tech- country safely. And to suggest that we Ohio State University; Massachusetts, nical or safety reasons, to move spent are somehow going to gain some sig- MIT; University of Lowell, Maine; fuel to a centralized storage facility for nificant benefit by putting off the deci- Rhode Island Nuclear Science Center; the next few years. He further main- sion is not supported by any logic or Brookhaven National Labs; University tains that to maintain the credibility rationalization that would convince of Virginia; University of Florida; of the site collection process, any deci- this Senator that there is any other ac- Georgia Institute of Technology; Oak sion with respect to interim storage tion than moving forward on Senate Ridge; Sandia National Laboratory; should be deferred until a techno- Los Alamos, and on and on and on, Mr. bill 104, accommodating Members’ amendments, with the idea of getting logically defensible site-suitability de- President. They are scattered all termination can be made at Yucca across the country. They move all over the job done. Getting the job done now is a respon- Mountain. the country. sibility for all of us for the future of Mr. President, that is what the sci- What we have here is a double stand- nuclear energy in this country and the entists, the people who the Congress, ard. Why does the Department of En- world. We simply cannot move forward through a series of legislative enact- ergy pay to transport and store nuclear in this regard, we cannot address our ments, have asked to take a look at waste from foreign countries but will concerns over greenhouse gasses, which that, that is what they say—no need, not do its duty for U.S. power reactors are increasing, without looking toward no safety reasons, no compelling neces- that have paid for the service? They do relief. Nuclear energy offers us that re- sity, bad policy. That is what the sci- it for research reactors. The Depart- lief. We have the technology. We are entific community says. ment of Energy says they may take seeing that technology move over to I said at the beginning this is old foreign fuel to help with nonprolifera- France and Japan. The bottom line is, wine in new bottles. Indeed, Mr. Presi- tion. That perhaps is all well and good, unless we address the issue of a reposi- dent, it is very, very old wine. The but spent nuclear fuel is spent nuclear tory for waste that has been generated driving policy here is not science; it is fuel wherever it is. If transportation by the nuclear powerplants, we simply the nuclear utilities. It is not a new storage is safe for some, why should it are going to be unable to meet our re- car. If one looks back nearly two dec- not be safe for all? sponsibility in this body relative to ades ago, on July 28, 1980, this issue I think this proves my point that I that contractual commitment that we was before the Congress. This Senator mentioned earlier. The obstacles to made several years ago. This bill pro- was not a Member of the body at the moving our Nation’s spent nuclear fuel vides a responsible alternative. The time, but the CONGRESSIONAL RECORD are political; they are not technical. time to do it clearly is now. reflects debate on a proposed away- Senate bill 104 provides the authority Mr. President, I ask unanimous con- from-reactor concept, which is akin, if to coordinate a systematic, safe trans- sent the Senator from Nebraska [Mr. you will, to this interim nuclear waste portation network that requires the HAGEL] and the Senator from Michigan proposal. Department of Energy to use NRC-cer- [Mr. LEVIN] be added as cosponsors on At that time, the distinguished Sen- tified transportation containers to Senate bill 104, to amend the Nuclear ator from Louisiana, Mr. Johnston, ad- transport fuel along special routes. Waste Policy Act of 1982. dressed himself to the issue, referring That transportation cannot occur until The PRESIDING OFFICER. Without again to this need to move this nuclear the Department of Energy has provided objection, it is so ordered. waste away from the reactor sites—the specific technical assistance to fund- The Senator from Nevada. same issue, identical to what is being ing, to States, and to Indian tribes for Mr. BRYAN. I thank the Chair. debated today. This is what the Sen- emergency response planning across Let me say as we begin this debate in ator from Louisiana said nearly 17 the transportation routes. The lan- this Congress, it reminds me that we years ago: ‘‘Mr. President, this bill

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2772 CONGRESSIONAL RECORD — SENATE April 7, 1997 deals comprehensively with the prob- Mr. President, this is the total an- last session of Congress when this vir- lem of civilian nuclear waste. It is an tithesis of the underlying predicate of tually identical bill—now, the chair- urgent problem.’’ Sound familiar? Ur- an environmental impact statement. In man made some reference to this fact— gent problem. Urgent problem. ‘‘Mr. effect, this ties one hand behind the and I have not seen the language—that President, for this Nation, it is urgent, back of those who would conduct such there may be some changes in this sec- first, because we are running out of re- an environmental impact statement tion. But because we don’t have them, actor space at reactors for the storage and, on the other hand, writes the let me indicate that the bill as proc- of the fuel, and if we do not build what script as to its conclusion before any essed by the committee, in section 501, we call away-from-reactor storage and study is undertaken. reads as follows: ‘‘If the requirements begin that soon, we could begin shut- So the first thing they cannot do— of any Federal, State, or local law, in- ting down civilian nuclear reactors in Heaven forbid that they should exam- cluding a requirement imposed by reg- this country as soon as 1983.’’ That was ine the need for interim storage. They ulation, or by any other means under 14 years ago. Not a single nuclear reac- can’t do that. No, they can’t examine such a law, are inconsistent with or du- tor in America has been closed or been the time of the initial availability. plicative of the requirements of the forced to close because of this issue. They may not, Heaven forbid, consider Atomic Energy Act or of this act’’— Some have closed because of overriding any alternatives to the storage of spent this specific legislation—‘‘the Sec- safety concerns about their operation nuclear fuel and high-level radioactive retary shall comply only with the re- and maintenance. That, Mr. President, waste in an interim storage. Heaven quirements of this act and the Atomic is a separate issue. forbid that they would be able to con- Energy Act.’’ So here again we have the nuclear sider any alternatives to the site of the Mr. President, make no mistake as to utility industry sounding the drum- facility, or any alternatives to the de- what that means. That wipes out vir- beat, issuing a clarion call, generating sign criteria, or the environmental im- tually every environmental law passed hysteria, that indeed there will be pacts of storage of spent nuclear fuel at in the last 25 years by this Congress— brownouts across the country and reac- a high-level radioactive waste at the clean air, safe drinking water—it wipes tors will have to close unless we pass S. interim storage beyond the initial term them all out. That was the posture of 104, the modern day equivalent to the of the license. the bill when it was presented and legislation that was before the Senate Now, this is very good lawyering, but acted upon in the last Congress—pre- of the United States some 17 years ago. disastrous public policy, because the emption. That language remains in the The answer today is the same as the initial application calls for a licensure committee draft. If there are changes answer then. There is no compelling period of 20 years. But when you look in that, we will comment at a later necessity, no need, no rational policy at the fine print, that can be extended time. to do so, and no safety issue that for another 100 years and can be re- Let me talk also about the standards. makes that a compelling issue. newed for 100 years thereafter. So any One may agree or disagree that nuclear So we come back to a policy that is environmental impact evaluation energy is good or bad national policy. driven by the nuclear utilities and would be limited to the initial term of That is something that is reasonable to their desire, insatiable as it may be, to the license, 20 years. Why is that par- debate. But I want to speak specifically move the reactor storage from site, ticularly significant? Mr. President, here to the standards that are ref- somewhere, anywhere, but in this par- what we are dealing with is high-level erenced in the act. Now, why are the ticular piece of legislation to a place at nuclear waste. It is deadly, not for 20 standards—and the distinguished occu- the Nevada Test Site or so-called in- years, 100 years, or a thousand years, pant of the chair is very much aware of terim storage. but for more than 10,000 years. The Na- the fact that our States are Western I want to take just a few minutes, tional Academy of Sciences and other States with vast expanses of land, but Mr. President, and we will have an op- distinguished groups that have looked we are as concerned about the health portunity to debate this at some at this have indicated that indeed the and safety of our citizens as those of length, as the distinguished chairman impacts must be considered, and they our urban brethren who live along the indicated, but let me review the bill, must be considered even beyond the eastern seaboard. So let us talk about because it is flawed not only in its 10,000 years, they argue. This would say what this legislation does with respect premise; it is flawed in its content. I limit it to the first period of the initial to the standards issue. want to talk first of all about the Na- term of the license, which is 10 years. The first thing that it does is it seeks tional Environmental Policy Act. The And, oh, yes, we don’t want to have the to impose a limitation on the Environ- National Environmental Policy Act courts review what may happen. No, mental Protection Agency. Surely, one was enacted in 1969, enacted by bipar- that would certainly be contrary to our would agree that if we are to have a fa- tisan actions of this Congress, signed tradition, our history, our society, and cility to store nuclear waste, we ought by a Republican President, and it was our culture to have any kind of a time- to have a safe standard. Can there be designed to do many things. But it was ly judicial review. This limits judicial any fundamental disagreement with designed, first, to have an environ- review only to the time of licensing. So that? Well, the answer might appear to mental impact addressed before, not the impacts, such as they may be, must be yes. But, clearly, the legislative after, the decisions are made. be considered only at the time that the wordsmiths who have crafted this piece Now, what this legislation does—and commission makes a decision on li- of legislation, much as they did in the I must give the nuclear utilities credit; censing. ‘‘No court shall have jurisdic- last legislative session, have sought to their handsomely paid lawyers, legislation’’—we are talking about Federal handcuff and limit the Environmental tive advocates, have been skillful, if court, not a State court. ‘‘No court Protection Agency’s ability to estab- somewhat deceptive, in terms of what shall have jurisdiction to enjoin the lish standards. It is cleverly done. Give they have crafted here. They say the construction or operation of the in- a gold star for that. But here is what it National Environmental Policy Act, terim storage facility prior to its final says: ‘‘Such standards shall be con- yes, it is applicable. But the Sec- decision on review of the commission’s sistent with the overall system per- retary—referring to the Secretary of licensing action.’’ formance established by this sub- Energy—shall not prepare an environ- It makes a mockery of the National section, unless the Administrator de- mental impact statement under this Environmental Policy Act, an absolute termines by rule that the overall sys- section before conducting the activi- mockery. So indeed, that is the first tem performance standard would con- ties that are authorized and com- thing it does that would destroy a care- stitute an unreasonable risk to health manded by the bill. Yes, the act exists, fully framed set of legislative policies and safety.’’ Clearly, it shifts the bur- but you may take no action on it at enacted by Members of both political den of proof. It mandates a legislative this earlier phase. And then it goes on parties and a Republican President in standard, greatly diminished, unless to say that the impact statement of 1969. the Environmental Protection Agency the commission, in terms of what it Now, let me also talk for a moment can prove to the contrary, that it may not address, shall not consider the about a preemption section. This was a would constitute an unreasonable risk need for interim storage. subject of considerable debate in the to health and safety.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2773 Now, why would it be unreasonable WIPP standards, which the distin- ment of the repository operations— to say, look, if you are going to estab- guished Senators from New Mexico ad- 1,000 years; the recommendation by the lish this unnecessary, costly and, in dressed so eloquently last year as they National Academy of Sciences is that my judgment, foolhardy venture, at were concerned about the health and the repository should be required to least provide health and safety stand- safety of New Mexicans, just as Sen- meet a standard during a period of ards for the people who are going to ator REID and I are concerned about greatest risk and that there is no sci- have to live with that for 10,000 years. the health and safety of Nevadans. entific basis for limiting the time pe- It doesn’t mean that that is unreason- Let me suggest—it’s perhaps wildly riod to 10,000 years, or any other value. able. It is not narrow or parochial. One idealistic—shouldn’t we all be con- I hasten to note that they believe that would think that every Member of this cerned about the health and safety of the standard should be considered even institution would feel that way. But Americans? We are one country, one beyond the 10,000 years. not here. Let me just say that that has nation. As I will point out in a minute, There is another provision in here been debated before in the context of this is not just a Nevada issue. This af- that again is arcane but particularly the WIPP facility and with respect to fects tens of millions of people who significant. That is that the commis- the WIPP facility, the two able Sen- would be affected by the policy impli- sion is mandated to assume no human ators from New Mexico took the floor cations of this bill. Let me go on and intrusion—that is to say, in the next and, at great length, advocated very ef- say that if you are from the Nordic 10,000 years—if no human intrusion fectively that the standard for health countries, it is 10 millirems. The upper would be possible. The National Acad- and safety should be the toughest range Yucca Mountain study is 30 emy of Sciences conclude that there is standard possible. That occurred in de- millirems. I cite this because it is so no scientific basis for assuming there bate in this very Chamber in June 1996. blatant. 100 millirems. That is a stand- would be no human intrusion. The distinguished senior Senator, Mr. ard that is fixed not by science—oh, no, The performance of the repository . . . DOMENICI, said, ‘‘What is most impor- the utility lawyers put that one in should be assessed using the same analytical tant to us and what is most important there for us to contend with. methods and assumptions, including those to the people of New Mexico is that, as Now, the National Academy of by the biosphere, the critical groups used in this underground facility * * *’’—they Sciences is a highly respected body. the assessment of the performance for the were talking about the WIPP facility— What they have indicated would be ap- undisturbed case. ‘‘proceeds to the point where it may be propriate is a risk-based standard. It The National Academy of Sciences opened, that it be subject to the Envi- seems reasonable to me. I hasten to also recommends another very impor- ronmental Protection Agency’s most emphasize, Mr. President, there are no tant provision. That is, that because strict requirements with reference to Nevadans that are on the National these involve important policy issues, health and safety. As a matter of fact, Academy of Sciences. They were not opportunities for rulemaking neces- they must certify it before it can be selected by the Nevada delegation, Ne- sitates wide-ranging inputs from all in- opened.’’ vada’s Governor, or the Nevada Legis- terested parties. I applaud the senior Senator from lature. They were created by an act of That simply means giving people an New Mexico for his concern for his con- Congress—the National Academy of opportunity to be heard, to express stituents. I agree with him. I hope my Sciences. That is what they have rec- themselves, to offer their own insights, colleague from Nevada and I will be ommended. Who is to be protected? and to allow those with the technical provided the same benefit that would This gets a little technical. Under S. background to offer the technical anal- be afforded to the New Mexico Sen- 104, the standard of protection is great- yses. That should be a matter of record ators, as they expressed it. Mr. BINGA- ly reduced. It is done in almost an ar- before a decision. But not S. 104; these MAN expressed himself eloquently to cane expression, but, in effect, a person are set by statute with no public com- the issue on that same day, the fore- whose physiology, age, general health, ment period allowed. most concern that I have. What the agricultural practices, eating habits, So, Mr. President, we have something junior Senator from New Mexico said and social behavior represent the aver- that is fatally flawed because it is not is, ‘‘Our concern from the beginning is age for persons living in the vicinity of needed. It makes no sense. We have whether or not we are adequately pro- the site—the ‘‘vicinity of the site’’; we something that currently preempts the tecting the health and safety of our do not know what that means—ex- environmental laws of this country, citizens.’’ tremes in social behavior, eating hab- emasculates the National Environ- Mr. President, we may not agree on its, or other relevant practices or char- mental Policy Act of 1969, and estab- everything in terms of public policy. acteristics, shall not be considered. lishes standards which are arbitrary There is certainly ample room for pol- Has the National Academy of and not predicated upon science. icy debate on a whole host of issues. I Sciences agreed with that standard? We will hear, as we have heard in pre- acknowledge that. But believe me, it They have not. They believe that it vious debates, that this is all about seems to me that we ought to be able ought to be a critical group, a small, science, to let science prevail. This leg- to agree that health and safety is the relatively homogeneous group whose islation makes a mockery of the sci- most important thing that we ought to location and habits are representative entific process. It seeks to impose by be about. of those expected to receive the highest legislative fiat a policy and a param- I want to return to the subject of ad- doses. Those expected to receive the eter limitation that is inconsistent ditional standards, because what this highest doses makes sense to me. with science. legislation does is quite manipulative. One of the other provisions in here is So let no one take the floor and It limits the ability of those that we the application. In other words, for argue that this is science that is speak- have vested with the responsibility of what period of time must health and ing. This is nuclear utility politics protecting our health and safety, in my safety be considered? We are talking speaking. That is the only thing that is view, in a very, very sinister way. First about an interim facility that could, being responded to. of all, it establishes, by legislative fiat, under the terms of this legislation, last We have all agreed—the White House, a 100 millirem standard. We are talking for thousands and thousands and thou- the Congress, Democrats and Repub- about radioactive emission exposure. I sands of years. There is a limitation licans—that we are going to balance freely acknowledge, Mr. President, again because the utilities don’t want a the budget in the next 5 years. I want that I could not define a millirem with scientific standard. They want some- to specifically reference some of the any degree of specificity. But I do thing that they can lobby through the language as it relates to the funding. know that it is the scientific unit that Congress and get what they want. The General Accounting Office has is accepted as the standard by which So this legislation tells us that the indicated in a report that the current emissions are to be measured. I invite commission shall issue the license—re- fiscal condition of the nuclear waste the attention of the body to the fact ferring to the license to operate the in- fund will experience a shortfall of some that for safe drinking water, it is a terim facility—if it feels or finds rea- $4 to $8 billion. That is to say that four millirem standard. We have other sonable assurance that for the first under its current construction, without standards that are set, such as the 1,000 years following the commence- the changes that this legislation

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2774 CONGRESSIONAL RECORD — SENATE April 7, 1997 makes, there would be a shortfall of $4 $2.3 billion. If you add that to the cost ating electricity by nuclear power is no billion to $8 billion. I think many of of what we are currently expending, an longer going to happen. It has been de- my colleagues are aware that the nu- amount of about $380 million a year— termined that the environmental con- clear waste trust fund is funded by a that is the total we are spending right cerns are too much and the American mill tax, a mill tax that is assessed on now—in the next couple of years you public simply won’t stand for another each kilowatt-hour that is generated. are going to have to have $1 billion by nuclear power facility being built in If we are currently underfunded, as the the fiscal year 1999—that is $1 billion— this country at any time. General Accounting Office has indi- to fund the current operation of an in- The powerful nuclear lobby recog- cated, let me show you that the real terim storage facility and the high- nizes that they are going to be out of significance of this legislation from a level nuclear waste repository proposed the business of generating electricity financial point of view is to shield the at Yucca Mountain. by nuclear power. So they want to nuclear utilities from the liabilities It is pretty clear what this is all wash their hands of the mess they have that they agreed to undertake at the about. This is an interim storage. This created and shift the responsibility to time the Nuclear Waste Policy Act was is a thinly disguised attempt to estab- the Federal Government now. They entered into and the agreements were lish a permanent high-level dump with- don’t want to wait, as the law now in- signed and to shift their responsibility out any of the safeguards that are pro- dicates, until someday a permanent re- in the financial sense to the American vided in the current legislation form pository is constructed. They want to taxpayer. for a permanent repository. short-circuit the system. They want to This legislation provides that until Mr. President, my colleague from Ne- change the law, which now says you the year 2002 the current 1 mill per kil- vada has joined me. If I might inquire can’t have a permanent repository and owatt-hour will get capped. That is the of him, I know that he might care to a temporary repository in the same maximum that can be collected from speak extensively on the transpor- State. They want to eliminate that. the utilities. That is a cap, contrary to tation issue. I am prepared to do so if They want to also do an end run the existing law which presents no he cares to address another aspect of around all environmental law. such cap. that. But I will invite his response. Mr. President, my friend, the junior In addition, this legislation provides Mr. REID. I say to my friend from Senator from Alaska, said that they that from the year 2003 the aggregate Nevada that I appreciate that. I have a were working on amendments with the amount of fees—I will read the specific few things to say. But I will not speak junior Senator from New Mexico. Well, language. Although it is written in at length about the transportation as- I would just alert everyone. Be very bill-drafting legalese, I think it will be pect. If my friend would allow me to careful about the amendments because, clear to all. ‘‘The aggregate amount of speak for a few minutes at a time as we learned last year, amendments in fees collected during each fiscal year, which he feels appropriate. name are not amendments in fact. The or thereafter, shall be no greater than Mr. BRYAN. I yield to the senior fact is that they cannot make changes the annual level of appropriations for Senator from Nevada. in this legislation to any standard that Mr. REID addressed the Chair. expenditures on those activities.’’ will allow them to go forward with this If we put that in the context of what The PRESIDING OFFICER. The legislation. They are talking about is being spent this year, it would be Chair recognizes the senior Senator changes in this legislation by amend- roughly one-third of the mill, which from Nevada. ments just like they did last year. But would be the most that could be as- Mr. REID. Mr. President, we need to when the facts come down, you will sessed. understand what this debate is all find that their amendments mean vir- Why is that significant? That is sig- about, and that is how powerful the nu- tually nothing. You had better read the nificant because the last reactor li- clear lobby is. We acknowledge that it amendments very carefully. cense will expire sometime around the is pretty strong. They have gotten year 2033, and the responsibility for more out of a worthless piece of legis- Mr. President, I think it is important maintaining a repository would go on, lation than I could ever imagine. They to note that from 1982 to today, the sci- in an active sense, for at least, say, continually are allowed to bring this entific community has been working roughly another 40 years. So that up and continually talk about it. on methods of transportation, as indi- means that that kind of funded liabil- Mr. President, my friend, the junior cated on the chart that my friend, the ity will be shifted from the nuclear Senator from Alaska, said that nuclear Senator from Nevada had, showing the utilities to the American taxpayer. waste is all over, that we need to put it transportation routes around the coun- I say to my friends—and I was sup- in one spot. Nuclear waste is all over, try—they, the scientists, have been portive of a constitutional amendment and it will stay all over for years to working on a way to transport nuclear to balance the budget, and I think that come no matter what happens with waste. They have been working on it, makes sense—that I believe one of the this legislation; no matter what hap- now, for 15-plus years. Interestingly great legacies this Congress could pens with the legislation as it relates enough, they have not found a way to leave to the American people is to get to the permanent repository, where my safely transport nuclear waste. The our fiscal house in order, to do some re- friend is absolutely wrong. Nuclear best they have been able to come up sponsible things for the budget, and to waste is not in some States. Commer- with is something called a dry-cask reach that balanced budget goal by the cial nuclear waste is not in Nevada. We storage container, which is a canister, year 2002. But, Mr. President, there is don’t manufacture nuclear waste. It is and in it would be placed spent fuel as- no way that you can give the utilities not in the Dakotas. It is not in Mon- semblies. a bailout, a subsidy, if you will, a new tana and a number of other States. So What they have come up with to this corporate entitlement, to elevate cor- the statement was a little wrong. point is a dry-cask storage container porate welfare to a high art form as Mr. President, this legislation, I re- that is safe unless it is immersed in a this piece of legislation does. It caps peat, is being driven by the nuclear fire that burns at more than 1,400 de- their liability and says we will take lobby. As shown in the chart that the grees. Diesel fuel burns at 1,800 degrees. care of the rest contrary to existing junior Senator from Alaska had, there So these dry-cask storage containers law. Existing law does not contemplate are a number of nuclear generating are not safe because, of course, fires that that be true. plants around the country; a little over that are going to occur on a train or a Moreover, this legislation, S. 104, 100 generating facilities. The average truck are going to be of diesel fuel. contemplates that that would be an in- lifespan of those facilities is about 15 These casks cannot withstand the interim storage. That would still fund years. Some will last 25 years. Some tense heat of a diesel fire. the site characterization and the study will be out of business in 5 years. Second, the dry-cask storage con- activities of the permanent repository. The point is that nuclear waste man- tainers have been made safe only to But the estimate for funding interim ufactured by power companies gener- transport nuclear waste if an accident storage, as this bill constitutes—and ating electricity is in our lifetime occurs at less than 30 miles an hour. that comes from the Congressional going to be a thing of the past. It is not Trains and trucks in this modern day Budget Office—in the first 5 years is going to happen in the future. Gener- and age rarely travel less than 30 miles

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2775 an hour. So a dry-cask storage con- have another year of progress toward is a dean from Yale University. I do not tainer is basically worthless for trans- understanding the suitability of Yucca think we can quibble with his quali- porting nuclear waste around this Mountain. Hundreds of millions of dol- fications. But his expertise is only one country. Remember, most of the nu- lars have been spent in this past year of the qualifications these scientists clear waste is produced in the eastern in Nevada, characterizing Yucca Moun- have. These are some of the most bril- and southern parts of the United tain. I have been there within the past liant scientists in the world, on the Nu- States. It would have to be hauled, 2 months. I took a ride through that clear Waste Technical Review Board. sometimes, more than 3,000 miles to an huge hole that is being dug. They are They have told us a number of interim site at the Nevada test site. trying—in fact, within weeks they things. No. 1, what they told us is You cannot carry it safely because the should be able to cut through the side ‘‘Don’t have an interim storage site.’’ dry-cask storage containment does not of the mountain a tunnel 5 miles long, They have also said that: allow it; because accidents occur at $60,000 dollars, and after they do that The civilian radioactive waste manage- more than 30 miles an hour and fires they will start running shafts, adits ment program will have to sustain the sup- occur at more than 1,400 degrees. In ef- and cross-cuts and drifts from that, for port of the general public and the scientific fect, that is why a number of entities, and technical community for generations. purposes of determining the suitability Such support may be more difficult to main- including entities in the State of Colo- of this site. tain if the determination of site suitability, rado, have said we want no part of nu- We need to find out if Yucca Moun- perhaps the most critical step in the entire clear waste. And that is why the senior tain is suitable. The interim storage process of developing a repository, is not Senator from Colorado has spoken out would vitiate all the time, energy, ef- viewed as a technically objective evaluation in committee on our behalf, saying in- fort and money spent on that facility. by a very broad segment of the population. terim storage is not important and not The President and this administration The Nuclear Waste Technical Review necessary at this stage. remain committed to the present law Board opposes this S. 104. It is wrong. Yucca Mountain is being evaluated— that prohibits siting an interim stor- And for the reason, among others that it will be determined if that is a site age facility at a site undergoing eval- I have just read, that it is not viewed that can safely store nuclear waste for uation for permanent disposal of nu- as technically objective. up to 10,000 years—remember, they are clear fuel or other high-level nuclear The board chairman went on to say, digging a hole inside that mountain. waste. This commitment is not polit- at a hearing on S. 104, Professor Cohen: The cavern they are digging is more ical posturing, it is good government. Predicting the performance of a repository than 25 feet in diameter. It is a huge And mostly, good science. It is only for thousands of years involves inherently hole. You can take a train through it proper and responsible, given the im- large uncertainties. The Board believes that easily. But I think it is interesting, scientists and regulators can evaluate those portance and difficulty of managing uncertainties. Ultimately, however, the pub- and that the taxpayers should know, the most dangerous substance known lic and its representatives must have con- that hole, piercing that mountain, is to man, plutonium and nuclear waste fidence that technical analyses count; if the costing $60,000 a foot. The cost now is in general. analyses are viewed as facades serving only approaching $2 billion. What this legis- As I have indicated, this Nation has to justify foregone conclusions, public con- lation would do is say we will forget already spent billions of dollars—I said fidence cannot be achieved. about that, the billions of dollars spent $2 billion, it is approaching $3 billion— A premature decision to store spent nu- there. We want to short circuit the sys- on the Yucca Mountain evaluation. We clear fuel near the Yucca Mountain site could contribute to the perception that the tem, pour a big cement pad out there have dug a very large tunnel through suitability of the site for development as a and dump the waste on top of the the mountain, as I have indicated. It is repository has been prejudged and that the ground. huge. It is more than 2 stories high. It reviews by scientists and regulators are Anyone who thinks that is temporary is not easy or cheap to do these things, meaningless. is temporarily insane. The purpose of because something like this has never I say to my friend, the junior Senator that is to store it permanently at the been done before. Yet the proponents of from Nevada, that Nuclear Waste Tech- so-called interim site. this legislation are saying we want to nical Review Board—would you ac- My friend, the junior Senator from do it the easy way. We want to do it knowledge that they are some of the Alaska said, and I was surprised to the cheap way. We want to pour a ce- greatest scientists we have in America hear him say this, it is so absolutely ment pad out in the middle of the today? true—he said this legislation is little desert and dump this stuff on top of the The PRESIDING OFFICER (Ms. COL- about science and a lot about politics. ground. That’s it. LINS). The Senator from Nevada. I could not say it better myself. I agree We all know, no matter what ver- Mr. BRYAN. They are. They are not with the junior Senator from Alaska. biage the junior Senator from Alaska motivated by any political, geographic, This legislation deals totally with poli- uses—‘‘we are going to limit the time sectional, or partisan bias. They are tics, nuclear politics. The powerful nu- to 40 years’’—it doesn’t matter if you chosen because they have the pre- clear lobby is driving this legislation. limit the time to 20 years or 80 years, eminent qualifications. I believe the They want to wash their hands of this. this interim site will be the permanent senior Senator was off the floor when I It appears that we are about to repeat site. That is why they want to change made the observation, we have had two last year’s wasteful mistake. They the law to say you can have a perma- successive technical review boards tried all last year to get S. 1936 passed. nent repository and a temporary repos- —the one that made its report in 1996, What was learned at that time was itory in the same place. which the Senator will recall was part that the President was going to veto Time is what the proponents of S. 104 of our debate. But a new board, con- that. We had enough votes at that time would take away from the science. The stituted under the distinguished chair- to sustain the President’s veto. We still scientists have said we are doing the manship of the dean, as you just ref- have the same votes. Everyone knows best we can to make a scientific deter- erenced, they have looked at the issue that. This is a gesture in nuclear poli- mination as to whether geological bur- and have reached the same conclusion. tics, to show the nuclear power lobby: ial at Yucca Mountain is appropriate. So, here you have a board of pre- ‘‘We are doing everything we can to Much of the money necessary to re- eminent scientists examining the issue satisfy you. Please, accept our offering, solve critical uncertainties would be in 1996 and they reached the conclusion that is the taxpayers’ time, energy and spent unnecessarily on interim storage which you have just declared, namely money, in this Senate Chamber. Do not at Yucca Mountain and the money that it is unnecessary, there is no ad- be upset with us, utilities. We are spent on the permanent repository vantage to it, indeed it is bad public doing the best we can, even though we would be wasted, totally wasted. policy. And, now the 1997 board, essen- all recognize this legislation is going We have heard talk here, by every- tially consisting of new members, but down to defeat.’’ one, last year and this year, about the equally eminent and distinguished sci- Nothing has changed from last year Nuclear Waste Technical Review entists, has reached the same conclu- that would make S. 104 any more at- Board. They are a group of scientists sion. tractive than S. 1936 was at the conclu- chosen because they are scientists, Mr. REID. I would also say to my sion of the 104th Congress. In fact, we first of all. The chairman of the board friend, and ask his response to this—

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2776 CONGRESSIONAL RECORD — SENATE April 7, 1997 would you agree with the board, the pository will never be built and all the last year in the debate there were dire technical review board, that one of the effort and all the money will just go urgings that if something did not hap- most important things to do, as it re- down the drain as misguided nuclear pen last year, powerplants would close lates to nuclear waste, is have public politics. down last year. Do you recall in the confidence? The work done at Yucca Mountain is early eighties statements similar to Mr. BRYAN. I think that is abso- an essential part of the program that this being made? lutely essential. And that is one thing was promised to guarantee public Mr. BRYAN. I do, indeed. It was that has beleaguered this legislation, health and safety at any site selected made in 1980. Neither the senior Sen- dating back to the 1982 act. for a permanent repository. This guar- ator from Nevada nor the junior Sen- As the Senator from Nevada knows, antee was done in 1982 by Chairman ator from Nevada were Members of this because of the nuclear utilities’ con- Udall and others who were prominent body or of the other one at that time. stant driving, pushing, insisting upon in pushing this legislation through, the But then, as now, the nuclear utilities unrealistic deadlines, trying to short- 1982 Nuclear Waste Policy Act. were urging the Congress to adopt in- cut science, this act has faced a consid- Without their assurance, the Con- terim storage, they then were called erable series of failures. And, as the gress would never have supported the away from reactor storage. The state- board has pointed out from time to policy amendment, would never have ments were made during the floor de- time, this is not something that you supported the underlying legislation bate that if this were, in fact, not done, and the policy amendment that des- can rush. Indeed, it is something that that within the next 3 years, by 1983, ignated Yucca Mountain in 1987 as the needs to be very carefully reviewed. nuclear utilities would have to close only site to be characterized. The argu- And because there is this constant down and there would be brownouts. ments then were, ‘‘We’ll do such a pressure by the nuclear lobby to con- As the senior Senator from Nevada grand job of scientific study and eval- strict the timelines, to shorten all of knows, that was 1980. In a sense, if you uation that there will be no question the opportunities for public comment, took the date off that legislation and about Yucca Mountain suitability, reli- this legislation, and S. 104, would cer- ability; we will never compromise on inserted the words ‘‘interim storage’’ tainly fit within the same category—is safety, not where the American public for ‘‘AFR,’’ it would be identical to the not going to enjoy public confidence. is concerned; we will do everything context of the debate. Indeed, the very point that the Sen- necessary to identify and resolve any If the senior Senator from Nevada ator has made on many occasions on concerns that Yucca Mountain might will indulge me for a moment, this is the floor is true, that the 1998 time- not be a suitable repository site; we what was said by the then chairman of frame, which has been invoked by the guarantee Yucca Mountain will not be- the Energy Committee, Mr. Johnston, proponents of S. 104 as if it were a date come a storage site before all concerns the distinguished Senator from Lou- carved in stone, attested to by all of have been satisfied.’’ isiana: the deities, is, in fact, a deadline which Madam President, that was then, and Mr. President, this bill— the scientific community urged not to this is now. Then was a time for prom- Referring to the AFR legislation— be placed in the legislation for the very ises that they hope everybody has for- deals comprehensively with the problem of reason the Senator inquired of the jun- gotten. Now is a time for political ex- civilian nuclear waste. It is an urgent prob- ior Senator from Nevada, the timeline pediency and smoothing the ruffled lem— was unrealistic. feathers of the powerful nuclear power- Sounds somewhat familiar, does it So, now, in effect they are using generating lobby. Now is the time for not? their argument of 1998 to, in effect, pushing the waste into Nevada before Mr. President, for this Nation. It is urgent, bootstrap their argument that 1998 will anything is ready, even without a re- first, because we are running out of reactor come and there will be no permanent pository site, even though the sci- space at reactors for the storage of the fuel, resolution to it, and, therefore, we need entific community says no, even and if we do not build what we call away- this ill-conceived proposal that is be- though the environmental community from-reactor storage and begin that soon, we fore us. says no. Never mind repository reli- could begin shutting down civilian nuclear Mr. REID. I ask my friend another ability and permanent isolation from reactors in this country as soon as 1983. . . . question. Eminent scientists have said the environment. If anything happens, I say to my friend from Nevada, that S. 104 is bad. You agree? it will happen on someone else’s watch, is, in essence, the debate that we heard Mr. BRYAN. Absolutely true. in someone else’s backyard. That, in 1996. Just substitute a date and put Mr. REID. Can you think of a single Madam President, is bait and switch if it 3 or 4 years into the future. Those environmental organization in the I ever saw it. It is a well known, but are the opening comments made by the world—well, let us limit it to the not a highly respected way of doing chairman of the Energy Committee United States. Can you think of a sin- business, and it should not be done that we just heard. This is the nuclear gle environmental organization, for- here. utility refrain. It has become kind of a profit or nonprofit, that supports this I have talked about the independent mantra, their Holy Grail, and, in point legislation? reviews by competent Government- of fact, as the senior Senator from Ne- Mr. BRYAN. I cannot, and, in point chartered experts. We have talked vada well knows, that is simply not the of fact, every nationally recognized en- about the Nuclear Waste Technical Re- case. That is scare tactics; that is vironmental group that I can think of view Board. Here is a direct quote that hysteria. has indicated its strong opposition to you will hear from the two Senators Mr. REID. I say also to my friend this legislation as being unsound envi- from Nevada of what the chairman of from Nevada, we established with the ronmental policy. I think the point the Nuclear Waste Technical Review dry cask storage containers I spoke of that the Senator from Nevada makes is Board said: earlier that if they burn from diesel a good point. Frequently, in what I . . . because there are no compelling tech- fuel, that is bad. If you are in an acci- would refer to most respectfully and nical or safety reasons to move spent fuel to dent because of going fast, that is bad. charitably as convoluted logic, I have a centralized storage facility for the next few I say to my friend from Nevada, we ac- heard S. 104 characterized as an impor- years, siting a centralized facility near knowledged what some of the scientists tant piece of environmental legisla- Yucca Mountain can be deferred until a tech- are saying: Leave it where it is. Put nically defensible site-suitability determination. That would give new meaning to tion is made.... Deferring the siting of a these spent-fuel rods in dry cask stor- environmental legislation. No environ- storage facility until that time will help age containers in onsite storage. It mental organization, as the senior Sen- maintain the credibility of the site-suit- would be safe, you would not have a ator points out, supports this legisla- ability decision. diesel fire or accident from going fast. tion and, again, for the basic reason Madam President, I hear people and I It would be safe and cheap. It would that it is unnecessary and it is bad pol- know my friend from Nevada has heard cost hardly anything to do that. There icy. It simply is not good policy. the same thing, ‘‘Well, what are you are utilities doing that right now, is Mr. REID. If we change our course going to do with the waste?’’ that not true? now, Madam President, there is no If I can call upon my friend from Ne- Mr. BRYAN. That is absolutely cor- doubt in my mind that a permanent re- vada again for a question, he will recall rect. There are a number of utilities

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2777 that do it. One is just about 40 miles In his arguments against S. 104, the had a reactor explode. This is not going from the Nation’s Capital. It is author- chairman of the Nuclear Waste Tech- to explode.’’ I concede that there are ized by the Nuclear Regulatory Com- nical Review Board pointed out: differences in terms of causation, but mission. So this is not a proposal that The country currently has a capacity to the results are equally devastating. originates from those of us in this transport only a few hundred metric tons of We are talking about the shipment of body, it is a scientifically accepted al- spent fuel a year. 85,000 metric tons of nuclear waste. ternative that is available onsite stor- And, I might say as an aside, some That would involve, as has been esti- age which provides a 100-year storage people would agree we cannot even mated, about 15,638 shipments—6,217 by option without, as the senior Senator haul that much. He went on to say: truck, roughly 9,421 by rail. So we are from Nevada correctly points out, the Developing a transportation infrastructure looking at about 15,638 to roughly risk involved in transportation and necessary to move significant amounts of 17,000 shipments. handling. waste, including the transportation of casks Each of those truck casks would I might just add parenthetically, and enhanced safety capabilities along the weigh 25 tons. Each rail cask would with all the talk about the casks that routes, will take a few years longer than will weigh 125 tons. One rail cask—one rail be needed to develop the simple centralized are going to be used to be shipped cask—carries the long-lived radio- storage facility currently envisioned by logical equivalent of 200 Hiroshima across the country, those casks have DOE. A site-suitability decision could be not yet been designed and licensed. made beginning the interim storage facility bombs—200. Mr. REID. Even if they were, with with no lost time. So when I use the ‘‘mobile Chernobyl’’ analogy, the risk to Nevad- the standards they have now been able If transportation performance is not ans, the risk to Americans, if indeed a to establish, it would be unsafe to improved, there will be at least 50 acci- rail cask ruptured as a result of an ac- transport them. dents involving spent fuel or high-level cident and radiation was released, it Mr. BRYAN. Absolutely. radioactive waste on our railroads and Mr. REID. ‘‘Deferring the siting of a would be a mobile Chernobyl because highways here. That is what the aver- the spread of radioactivity and the re- storage facility until that time will age would be under the present statis- help to maintain the credibility of the sultant contamination that results as a tics—50 accidents involving spent fuel consequence could be widespread. site-suitability decision.’’ or high-level nuclear waste. That is a That is what was said by the chair- I would simply point out to those lot of accidents, I must say. who are so sanguine about transpor- man of the Nuclear Waste Technical Madam President, I want to close Review Board, among other things. tation that we are daily reminded that this part of my statement by remind- human error—the chairman of the En- These same reviews have cited the ing everyone why we are here. We are steady and productive progress toward ergy Committee pointed out that here because of the nuclear power Chernobyl was a product of human the objective—and I underline and un- lobby. There is no other reason. The derscore ‘‘objective’’—of determining error. Indeed, Madam President, I sus- President has said he is going to veto pect that a great many of our acci- Yucca Mountain’s suitability for siting this legislation. The legislation will be the Nation’s repository for spent nu- dents, maybe even a majority of them, vetoed. The President’s veto will be are a product of human error. We see clear fuel and high-level radioactive sustained. There is no reason that we waste. that every time there is a major rail are doing this other than because of collision or a train that is derailed as a The powerful, aggressive, obsessive the nuclear power lobby, and some are nuclear power lobby is not willing to consequence of some neglect in track- trying to satisfy this lobby. We would age. We have certainly seen it in the wait. They are not willing to wait. be better off by dealing with the budg- They do not care about the credibility context of terrorist activities of late. et, which, I say to my friend from Ne- But the National Environmental Law of the site-suitability decision. They vada, as I understand the law, were we Center provides that EPA data analysis are only interested in getting it out of not to have completed a budget before shows that 7,959 accidents occurred their pockets, out of their backyards the April break when we went home for during the transportation of toxic and putting it someplace else. Their ar- Easter? Isn’t that the law? chemicals from 1988 to 1992. The Amer- guments, I say, are mindless and reck- Mr. BRYAN. That is my under- ican Petroleum Institute tells us that less. Their arguments are specious. standing, that we are obligated to do heavy truck accidents occur approxi- As we have indicated, spent fuel is so, but we have not yet done so. mately six times for each million miles safe right where it is. My friend, the Mr. REID. I will also state that if we traveled with thousands of truck ship- senior Senator from Colorado, stated do not have a budget, we cannot deal ments. This means that at least 15 such during the committee hearing that if with the 13 appropriations bills. I am a accidents could be expected each year. the waste is safe enough to ship, it is member of the Appropriations Com- So the risks are considerable in safe enough to leave in place. That mittee, and we have done nothing, ba- terms of this transportation, all of says it all. sically, on our appropriations legisla- which are unnecessary. It is not nec- The arguments for consolidation are tion because we have not gotten our essary or advisable or prudent or sound without substance because an interim marks from the Budget Committee. policy to do so. storage facility at Yucca Mountain will Thirteen appropriations bills and not a This is frequently characterized as a not reduce the number of storage sites. single one has been marked up. Nevada battle. But let me just say, On the contrary, it will increase their We are absolutely going nowhere. fairly recently there has been a pro- number. This is fact, it is not suppo- But what are we doing here? We are posal to move the nuclear waste from a sition, it is not presumptive, it is not spending a week on legislation that the port in Oakland through Nevada and vulnerable to contradiction. Con- President said he is going to veto, into Idaho. It has generated a consider- tinuing operations will require onsite which failed last year because of that. able amount of controversy, not only storage of spent fuel in cooling ponds If there were ever a colossal waste of in my own State, but in California. I or in an onsite interim facility for legislative time, which means tax- believe that those who are watching transportation staging. payers’ time, this is it. I yield the across the Nation should be aware of Nuclear waste will always be stored floor. the fact that Nevadans are not the only temporarily at operating nuclear Mr. BRYAN addressed the Chair. ones who are placed at risk by this ill- power-generating sites. For those gen- The PRESIDING OFFICER. The Sen- conceived proposal. erating sites that either have termi- ator from Nevada is recognized. The shipment routes involve 43 dif- nated operations or will terminate op- Mr. BRYAN. Madam President, the ferent States, and 51 million Americans erations, preparation for transpor- junior Senator from Nevada has been live within 1 mile of either the rail or tation will take far more time than is criticized and taken to task somewhat highway corridor routes. required for the 1998 viability decision because he has referred to this legisla- On this chart that we are exhibiting, for Yucca Mountain. They know that. tion as a ‘‘mobile Chernobyl.’’ In that the highway corridors are depicted in Preparations to ship this waste mate- criticism, it has been said, ‘‘Look, red, the rail routes are depicted in rial across the country have hardly what happened at Chernobyl is a dif- blue. With the kinds of massive ship- begun, and that is an understatement. ferent situation entirely. There you ments we are talking about—125 tons

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2778 CONGRESSIONAL RECORD — SENATE April 7, 1997 by rail, 25 tons by each truck cask— act it required utilities to enter into Finally, let me make just one addi- you could only use the major corridor contracts with the Department of En- tional comment that the senior Sen- routes. You would not use some back ergy. And all the utilities that are part ator from Nevada addressed. That is road or unimproved surface. You would of this debate have done so. that this legislation is not going to be- need a full-scale transportation route. When you look at the contract, there come law. With all the potential for accident, are two provisions, two provisions that The President of the United States, with all the potential for some serious, specifically deal with this issue. as he did in 1996, indicated that this is unintended, unavoidable consequence, I again remind my friends that 1998 bad policy, and following the advice we risk the lives of 51 million Ameri- was not a date sanctified by the sci- and counsel of the scientific commu- cans to satisfy the request of a single entific community. That was a date nity—the Nuclear Waste Technical Re- industry in America—the nuclear util- the utilities insisted upon. The Depart- view Board concluded that it was un- ity industry. They are the only ones ment of Energy and others argued that necessary, unwise, and indeed there is that bring us to the floor to debate this that date was unrealistic. ‘‘We’re not no necessity for this, no safety is to be issue today. As my senior colleague going to be able to reach that date,’’ gained by this massive shipment of pointed out, they were the ones in 1980 they said. But the utilities said, ‘‘No. 85,000 metric tons of waste. This is a that brought it to the floor. They were 1998, we want that.’’ That is what the scientific body that concluded that in the ones that brought it to the floor in law reflected. 1996, and although the board is newly 1996. And if we are successful, as I be- But in the contract that was required constituted with a new chairman and lieve that we will be in 1997 in pre- to be entered into with each of the util- many new members, it reached the venting this legislation from being en- ities with the Department of Energy, same conclusion in 1997, this very year, acted into law, based upon a carefully there were two provisions. Both of in testimony that verified that interim storage is not necessary. So the Presi- considered Presidential position that these provisions are contained in arti- dent, following the wise counsel of he will veto such legislation, I would cle 9. What it said is this: In anticipation those who have examined this from a predict that they will be back here in that the 1998 date may not be fulfilled, scientific and objective point of view, 1998, 1999, and the year 2000 because it indicated that if the delays were un- has indicated, as shown in testimony this is something that they covet and avoidable by the Department of En- before the Senate Energy Committee, that is a priority for them. ergy, that is, if the delays were beyond that this legislation will be vetoed if So the transportation issue, of which their control, that there was no culpa- indeed it should reach his desk. we will comment more during the bility. Then the remedy that was pro- We will have much more to say about course of the debate tomorrow, is a vided was simply to reschedule the de- this issue as we debate it during the consideration that affects 51 million livery dates. It makes some sense. course of the next week or so. We will Americans in 43 different States. As The other provision that is applica- point out with greater particularity a they say, you cannot get there from ble—and I am sure the utilities will number of the issues that we have here. You have to take that lethal urge this point of view—is, indeed, touched upon lightly today. I just waste across the heart of America. there is culpability on the part of the hope, for my colleagues who are watch- Most of this waste—most of this Department of Energy. As a result of ing and their staffs, that we not be waste—being east of the Mississippi their culpability, it would be classified misled. This is legislation that is a car- River will involve transportation over under the provisions of the contract as bon copy of the legislation that was de- literally thousands of rail or highway an ‘‘avoidable’’ delay. That, too, is part bated in S. 1936 in the last session of miles. of article 9, section B. the Congress. Let me briefly comment on a couple The contract remedy is, in the event I yield the floor. of other points. The chairman of the of any delay in the delivery, accept- Madam President, I see no one else is Energy Committee pointed out that ance or transport caused by cir- on the floor seeking recognition. I sug- there is a lawsuit that was filed. He cumstances within the reasonable con- gest the absence of a quorum. said, as others have said, that it re- trol of the Department of Energy or The PRESIDING OFFICER. The quires that the Department of Energy their respective contractors or sup- clerk will call the roll. The assistant legislative clerk pro- must take possession of nuclear waste pliers, the charges and schedules speci- ceeded to call the roll. that is stored throughout the reactor fied by this contract will be equitably sites by 1998 and, if we do not do so, Mr. DASCHLE. Madam President, I adjusted to reflect any estimated addi- ask unanimous consent that the order that all kinds of horrendous con- tional cost. That strikes me as being sequences will occur. for the quorum call be rescinded. reasonable. The PRESIDING OFFICER. Without First, let me point out that the law- I had occasion in many years past to suit was decided last year prior to the objection, it is so ordered. practice law, not nuclear utility law or Mr. DASCHLE. Madam President, I vote that we took on S. 1936, which is environmental law, but what this says ask unanimous consent to speak as in the predecessor to S. 104 and essen- is that, look, if the Department of En- morning business for a period of about tially in the significant aspects is vir- ergy is found to have been negligent in 10 minutes. tually identical. So this is not a new moving the process forward, the utility The PRESIDING OFFICER. Without development. is entitled to an adjustment of what objection, it is so ordered. But I think it is important to com- they are paying into the nuclear waste Mr. DASCHLE. I thank the Presiding ment because the utilities have sought trust fund based upon additional costs Officer. to obfuscate the issue and have given that are being incurred. Indeed, that is Madam President, let me begin by the impression that, indeed, in 1998 not a novel concept. complimenting my distinguished col- there will be a series of Department of When this Senator first came to the leagues for their statements on the Energy trucks or vans or rail cars that Senate in 1989, and in each session floor this afternoon. My intention is must back up to every reactor site in thereafter, joined by my senior col- not necessarily to speak on that issue, America and begin to load those on league from Nevada, we have offered but as I have in the past, I am sup- board and that, lo and behold, if they legislation that does indeed provide portive of their efforts and commend do not have an interim storage facility, that the utilities would be entitled to them once more for their concerted ef- these vehicles will be traveling end- an offset or compensation for the addi- fort to bring some fairness to the issue lessly for all time and in perpetuity. tional expense that they may incur as that they have addressed. This is a Nonsense. The lawsuit did conclude a result of this 1998 deadline being un- matter of great import to the State of that the Department of Energy has an attainable. Nevada. No one has been more articu- obligation, a legal responsibility. And So there is no great mystery about late, more aggressively persuasive on you look to what the remedy is in the the lawsuit. It changes nothing in the the issue than have the two distin- contracts. debate that we have, nothing whatso- guished colleagues from Nevada. I com- In 1982, the Nuclear Waste Policy Act ever, and should not be used as a basis mend them and urge our colleagues to was enacted by the Congress, signed for supporting the legislation that is listen carefully to their counsel and into law by President Reagan. In that currently before us. support their

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2779 efforts as we proceed for the remainder Madam President, the stakes are too Mr. CRAIG. Mr. President, I assumed of this week on this very important high, the issue is too important, and the minority leader was speaking on issue. the consequences are too severe for us his own time. f to ignore this important deadline. We Mr. DASCHLE. That is correct. must confront it and we must recog- Mr. CRAIG. Apart from the debate on CRITICAL ISSUES TO ADDRESS nize that this must occur this week. the nuclear waste bill. Mr. DASCHLE. Madam President, we Hopefully, tomorrow must be the day Mr. DASCHLE. Yes. have 7 weeks between now and the next we finally come to the conclusion The PRESIDING OFFICER. The legislative recess, a period within about when it is this important treaty pending question is the motion to pro- which a great deal of work must be will come to the U.S. Senate for ratifi- ceed on the bill. done. This has not been our most pro- cation. Anticipating failure, I don’t The Senator from Idaho. ductive Congress so far. There are a lot think we have any other choice but to Mr. CRAIG. Mr. President, before I of reasons why we have not been as do all that we can to hold off on taking speak in relation to the motion to pro- productive as we would like it to be. I any action on any other piece of legis- ceed on S. 104, let me only say to the hope now as we get into the very crit- lation until such time as we can antici- minority leader of the Senate, with due ical months of April and May that we pate success. respect to him—and I do respect Sen- spend as much effort as we can to bring So, Madam President, I am very ator DASCHLE—the Senate and the about the consensus we must have on a hopeful that tomorrow we can resolve leadership of the Senate and the House, series of issues that this Congress must whatever remaining procedural ques- for well over a month and a half, de- address. Some of them have deadlines. tions there may be in an effort to deal ferred to the President and the respon- Some of them do not. But all of them with this issue directly. sibility of the President in submitting a budget to Congress. I sat on the floor are of extraordinary importance to this Second, let me just say that we are of the U.S. House of Representatives body and to the American people. also running up against another dead- and listened to our President refer to There are two with deadlines that I line, and that deadline involves the the submitting of a balanced budget; 12 hope we can begin work on in earnest budget. We already missed April 1. times in the State of the Union address this week. First and foremost, the That was the deadline that the Budget our President spoke of a balanced Chemical Weapons Convention. There Committee was supposed to have re- budget. We received that budget. No is no doubt we are facing the prospect ported out its budget resolution. Now one chose, in their own good form, to that the United States could miss its we have the important deadline of criticize it. In fact, we sent it off to be opportunity to become a full-fledged April 15. That is the deadline under the analyzed by the Congressional Budget member of the international conven- law for the Senate to pass a budget res- Office. And it came back. tion responsible for bringing about the olution. elimination of chemical weapons. If we I must report to the minority leader I didn’t hear the distinguished major- fail to ratify the convention by the that it was not a balanced budget, and ity leader this morning, but I am told 29th of April, we will miss the oppor- we all know that now. It was well out that he had indicated that they are tunity to commit ourselves fully to the of balance by nearly $100 billion for the waiting for the White House to take obligations of that convention and to 4 years of this President, with the in- additional steps and to make an addi- the international community. We are clusion of a major tax increase and tional effort. I must say, Madam Presi- told that enrollment of the convention some tax cuts. And then, of course, the dent, I have heard that excuse now for requires at least 10 days, which means year after this President leaves office, too long. The fact is that the President we only have until the 19th. In other the tax cuts go away, the tax increases has taken the action that is required of words, we have fewer than 14 days stay, and a major cut in programs or a him under the law. He has presented a within which all of the ramifications of major increase in revenue. That is why budget on time. He has presented a that important convention can be ad- we haven’t dealt with the budget, be- budget, by the way, that balances by dressed here on the Senate floor. cause we were willing to give this This has been the subject of extraor- the year 2002, using CBO figures. So, President the benefit of the doubt. Cer- dinary debate, countless deliberations, Madam President, as far as I am con- tainly the Senator knows that, and it numerous hearings, and efforts on both cerned, the President has done what he was a fair willingness on our part. sides of the aisle to resolve the dif- is required to do. The question now is, Now that that day has passed, the ferences that still exist. can we? And will our Republican col- Senate is beginning to work its will on It is my understanding that we are leagues take the leadership that comes the budget. We first wanted the Presi- not that much closer today than we with being in the majority and meet dent to have a fair and uncriticized op- have been for several weeks. If that un- the April 15 deadline? portunity, and that is exactly what he derstanding is inaccurate, then I hope I hope that we will no longer rely on got. But in all fairness, the public now someone will come to clarify the cur- excuses. I hope that we can come to- knows that this President’s budget in- rent set of circumstances. gether, Republicans and Democrats, in cludes major spending increases and Madam President, we simply cannot the Budget Committee first, and sec- major new Federal programs and no wait. We must deal with this conven- ond on the floor, and meet the obliga- real commitment to balance, not in the tion. Time is running out. We are not tions proposed by law, with no more context of the political reality that inclined to support any other legisla- excuses about who has acted under certainly the minority leader operates tion or the movement of any other bill what circumstances. While the negotia- in and that we operate in. No Congress until such time as we have some appre- tions are not going well enough, the has made those kinds of dramatic cuts, ciation of where we are with regard to time has come to act now, and the time nor, frankly, have they raised that this convention and when we can ex- has come for us to come together, to much revenue as the President is pro- pect it to come to the Senate floor. I work in the regular order under the posing, because while he appears to give great credit to the majority leader budget process, through the Budget give on one hand, he rapidly takes for his efforts in attempting to do that. Committee, and get the job done. away on the other. He has been patient and diligent, but, So there is an array of pressing In all instances, his program spend- so far, I think it is fair to say that issues, Madam President. As I indi- ing wraps up, a major increase in 1 none of us have been successful. So cated, some have deadlines—the Chem- year of $25 billion of new domestic while our approach has always been to ical Weapons Convention and the budg- spending in this country. That is what try to work through this and to give et. Time is running out. Excuses are we are wrestling with. Certainly, this everyone the benefit of the doubt in getting old. Let’s get on with the work Senate is going to deal with the budg- the hopes that, ultimately, we can and get the job done. et, and they are going to deal with it in come to a resolution, the bottom line I yield the floor. a very timely manner. What I hope we is that time is quickly running out. Mr. CRAIG addressed the Chair. can do is something that I know the When time has run out, the last laugh The PRESIDING OFFICER (Mr. minority leader will appreciate and may be on us. ALLARD). The Senator from Idaho. that is to deal with it in a bipartisan

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2780 CONGRESSIONAL RECORD — SENATE April 7, 1997 way. That we can accomplish and we ing for the perfect document to come through the process of reconciliation should accomplish. Already, moderate from the White House. That isn’t what and appropriation and the whole proc- and conservative Democrats are speak- we did in past Congresses. It isn’t what ess here. ing up and saying they can’t deal with we did with Republican or Democratic I want to say that I think there are the President’s budget, not in the con- Presidents. Republicans and Democrats who have The President submits a vehicle, the text of our commitment. Our commit- come to a point of asking whether or President submits a budget, and we ei- ment was that if we would not support not an annual budget resolution makes ther accept it as the vehicle and mark a balanced budget amendment to the a lot of sense. That is a debate for an- up the vehicle and provide a budget Constitution, we could produce a bal- other day. Someday I hope that we can that will allow the consensus to work anced budget without it. have a good debate about whether an- Now, the Senator knows how dis- its will, Republicans and Democrats, or nual budget resolutions make sense. appointed I was that he worked so hard we present an alternative. My argu- My personal preference is to have a bi- to destroy the vote on a balanced budg- ment this year is that, so far, the Re- annual budget resolution because I et amendment to our Constitution, be- publicans have done neither. They have cause I worked a long time to get that said we don’t like the Democratic think it would allow us a lot more op- because I think that without it we budget, but they have not proposed one portunities to cope with all of the cir- won’t get a balanced budget. But all either. cumstances involving the $1.5 trillion the while he was working to change As I said in my comments a moment budget that we have to consider on an that vote and worked with the admin- ago, time is running out. April 15 is annual budget today. But that is the istration to do so, there was a constant soon to be here. We don’t have many law right now, which takes me back to drumbeat of promise to get us to a bal- more days, legally, for the Republicans the first point. The law says that re- anced budget by the year 2002. and the Democrats to do what my gardless of how we may feel about bi- I know that the Senator was sincere friend suggests we do—work together annual budgets in the future the law in that commitment. We are com- to come up with some resolution. That requires an annual budget today. The mitted to that commitment. But we is No. 1. President has fulfilled his obligations cannot get there with the President’s No. 2, June O’Neill, the Director of under that law. Now it is time to fulfill schedule of new spending, and we can- the Congressional Budget Office, sent a ours, working together to meet that not get there with the President’s new letter directly, I think, to all members April 15th deadline to do exactly what tax increases, and we cannot get there of the Senate Budget Committee re- the President proposed that we do— with doing all of the cuts and all of the affirming CBO’s analysis of the Presi- balance the budget by the year 2002. changes in the fifth year after this dent’s budget, that indeed it does reach Mr. REID. Will my friend yield for a President has left office. It must start balance by the year 2002. Now, the Sen- question? now. It must ramp its way toward the ator may not subscribe to the triggers used by the President to assure that we Mr. DASCHLE. I do not have the year 2002. Let it be said—and I think it floor. The Senator from Idaho yielded is important that it be said—that for reach CBO figures and balance the to me. the last 2 weeks, with the President’s budget by the year 2002, but there is no commitment and with the leadership’s doubt whatsoever that the President Mr. CRAIG. I would be happy to yield commitment, meetings have gone on. I did what he said he was going to do— briefly to the Senator from Nevada. think the only problem is that every- present a balanced budget—and he uses Mr. REID. I ask the Democratic lead- body has been sitting around at those a mechanism that will allow us to do er, is it not true that last year was the meetings talking about how delightful that, which has been embraced whole- fourth year in a row in which we had a it is that they are meeting, instead of heartedly by Republicans and Demo- declining deficit, and the first time in time lines and commitments to the crats in past budgets, including the Re- a row since before the Civil War? American people meeting what we have publican budget in the last Congress. No. 3, there will always be differences Mr. DASCHLE. Mr. President, in re- said to the American people we would sponse to the Senator from Nevada, the give them, and that is, of course, a bal- between Republicans and Democrats on priorities. We have no doubt that, ulti- answer to that is yes. We have made anced budget by 2002. great progress to reduce the deficit by We need to start this year, not 4 mately, whether or not we get a resolu- 60 percent. OMB and the Congressional years out. We don’t need major tax in- tion, our differences may or may not be Budget Office fought aggressively over creases to get there, and we can do so bridgeable. We feel very strongly about past budget projections. But OMB has with reasonable responses to our do- the need to commit resources to edu- mestic spending, not major new pro- cation beyond that which was com- been more accurate than the Congres- grams, but reprogramming, giving the mitted in the past. We feel that if we sional Budget Office in the last 4 years. priorities where it ought to be. Many of lose the opportunity to educate the That has brought about economic those is where the President knows he next generation, we lose the kind of strength that we didn’t anticipate as wants them, and we are willing to par- freedom and greatness this country as- we wrote this budget. So we have ex- ticipate in that. So the budget process pires to. ceeded our target. We ought to con- is now well underway. But it took a So, Mr. President, there will be dif- tinue to do that. We are prepared to month’s detour, with the commitment ferences, and we will have our debates use the Congressional Budget Office that it would allow the time for the about those. But that is really what figures even though OMB is more accu- President’s budget to play out. That the debates ought to be all about, those rate because the Congressional Budget has now played out. We now need to fundamental differences on our prior- Office tends to be more conservative, get on to the real budgeting that is the ities. I will argue for whatever length and that is fine when it comes to eco- responsibility of the Congress. of time we have that investments in nomic projections. But the bottom line I would be happy to let the minority education, health care, housing, and in- is that we have come more than half- leader comment, if he wishes, before I vestments in the people of this country way already. Now it is time for us to go on with my discussion on the nu- in ways that will make them stronger complete the job. clear waste bill. and less relying upon Federal programs Mr. REID. Mr. President, I also ask The PRESIDING OFFICER. The mi- are in our long-term best interest re- my friend, the Democratic leader, is it nority leader. gardless of what form they may take. not true that inflation and unemploy- Mr. DASCHLE. I thank my colleague Mr. President, No. 4, I believe that ment have been at a 40-year low, and from Idaho for his comments. I appre- all too often in this country we get economic growth is at a 40-year high, ciate very much having the oppor- hung up on whether or not a given and we have 300,000 fewer Federal em- tunity to hear them just now. budget is going to achieve everything ployees than we had 4 years ago? Let me respond with four specific that we had hoped it would. You know, points. First of all, I don’t know of a the funny thing is that we never find Mr. DASCHLE. That is correct. I time when the Congress required the out, because the Congress, in all of its thank the Senator. President to submit a budget that we wisdom, oftentimes never gets to that Mr. REID. Have they led to a general were in total agreement with. That point where we can pass a budget surge in economic viability of this isn’t what we do here. We are not wait- agreement that allows us to move on country?

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2781 Mr. DASCHLE. There is no question we are here today on the floor of the The Nevada test site was selected in about it. U.S. Senate debating a timely action the early 1970’s as one of the sites Mr. CRAIG addressed the Chair. that this country must take to be re- under consideration for a geologic re- The PRESIDING OFFICER. The Sen- sponsible for the five decades of activ- pository. This site has been under ator from Idaho is recognized. ity in the generation of high-level ra- study for now over two decades by sci- Mr. CRAIG. Mr. President, regaining dioactive waste. entists and engineers. Here is a photo- my time, we are certainly going to What I am talking about clearly is a graph of the Nevada test site where the have ample time to debate the budget national concern. To ignore this re- interim storage facility would be lo- and budget issues. But I did think it sponsibility would be unwise, irrespon- cated. Scientists and engineers at was important to respond to the minor- sible, and in some instances, with re- Yucca Mountain near this site where a ity leader as it relates to his overall gard to taking timely action, unsafe. permanent geologic repository for statement today and what we have I am pleased now to rise in support of these high-level wastes would be placed done here in the last month that I Senate bill 104, the Nuclear Waste Pol- have conducted the most thorough and think was an effort to accommodate icy Act of 1997. As I mentioned, last comprehensive geological survey ever this President. Now it is the job of the year I and the Senator from Alaska undertaken on any piece of property on Congress to get on with their business, were here on the floor with the Sen- the face of the Earth. and they will, and those priorities will ators from Nevada debating a similar Let me repeat that claim because I be well spelled out, and we will con- bill, although this year we have believe it to be valid. The site that we tinue our efforts toward a balanced changed the bill some by actions in the are looking at, the Yucca Mountain budget and a reduced deficit which the committee itself and by possible deep geologic repository, has been President did not honor in his commit- amendments that will be made here on studied more thoroughly, more comment of his new budget, although what the floor during the course of the de- prehensively, both from a geologic the Senator from Nevada has said cer- bate and the final vote on this legisla- point of view, from a seismic point of view, and from the overall need to tainly is a valid statement. The Con- tion. meet the certification process for it to gress has participated jointly in that. What we are talking about is the be a permanent, safe, high-level waste timely storage and disposal of spent f repository—that site has been more nuclear fuel and high-level nuclear comprehensively studied than any NUCLEAR WASTE POLICY ACT waste from our Nation’s defense pro- piece of real estate on the face of the AMENDMENTS—MOTION TO PRO- gram and from, of course, the commer- Earth. During all of this time and all of CEED cial nuclear power plants. Senate bill the studies, nothing has been discov- The Senate continued with the con- 104 creates an integrated system that ered which would indicate that this sideration of the motion to proceed. will ensure construction of an interim site is unsuitable for use as a reposi- Mr. CRAIG. Mr. President, when it storage facility and permanent repository. comes to establishing national prior- tory to manage spent fuel and high- ities—and I know what our President is Because of the endless bureaucratic level waste that is currently stored in delays that have plagued the program, doing in the area that I am about to over 80 sites in 41 States across this the Federal Government now says it discuss now—it is a great frustration country. will not have a repository operating to many States across our Nation be- I have in the backdrop a map of our until the year 2010 at the earliest. Re- cause this President refuses—I repeat, country that demonstrates the loca- member, this was a Federal Govern- refuses—to take a firm position and es- tions of reactors and storage sites, 80 ment that in 1982 signed the Nuclear tablish as a national priority in this sites in 41 States. Yet our administra- Waste Policy Act committing by con- country the appropriate handling of tion basically has had no policy for tract to take the waste by 1998, 9 spent nuclear fuel and high-level nu- nearly two decades on this issue. months from now. Yet this administra- clear waste in a way that is acceptable We spoke as a Congress and we spoke tion and their representatives at the to the American people and commensu- as a people in 1982: That there needed Department of Energy shrugged their rate with the public law. to be a national policy and a national shoulders and said, ‘‘Well, gee, the year So what I am about to speak to is a program. The legislation that we have 2010 will have to do because we just piece of Senate legislation that I and before us, in my opinion, demonstrates can’t get there.’’ Yet the courts last the chairman of the Energy and Nat- that kind of critical need, and the need year said ‘‘Wrong. Foul ball. Go back ural Resources Committee introduced also to operate and respond in a timely to home plate. You have to abide by on this floor last year, and that we fashion. the law.’’ And the Department of En- passed last year in the U.S. Senate Transferring nuclear waste from the ergy said, ‘‘Yes. You are right. We do with 63 votes—63 bipartisan voices that many defense and commercial nuclear have to do that. We recognized that.’’ said that this administration was sites to a single Federal facility begin- This is 12 years after the Federal wrong with their policy, and wrong ning in 1998 was the intent of the Con- Government is contractually obligated with their priorities when it came to gress and the President of the United to take title to and remove spent fuel honoring public law and the 42 States States when the Nuclear Waste Policy from civilian power plants. Electric that felt it necessary that this Presi- Act passed in 1982. consumers and taxpayers have com- dent honor public law. I am talking It became law. It was signed by the mitted approximately $12 billion solely about the expeditious and timely man- President. It was a national commit- to study, test and build a radioactive agement of high-level nuclear waste ment. It was this Nation speaking to waste management system. So when and spent nuclear fuel. the need to handle the kind of waste the Federal Government made its obli- For all the right reasons, our Nation that I am talking about and to do so in gation in 1982 to the taxpayer, but has spent a long time generating radio- a safe and responsible fashion. most importantly the ratepayer of the active materials—nearly five decades. Unbelievably, we are less than one utilities that were generating elec- Most of this material is the byproduct year away—just 9 months—from the tricity through nuclear power, and the of two principal activities: National de- date when the Department of Energy is Government owed this commitment by fense operations, and commercial nu- obligated by the law that was passed in paying out money to build the facility, clear power plants. While it was our 1982 and is obligated under contract, in to do the siting, to do the studies, to do national policy for well over five dec- response to the law signed and honored all of the test work and to have a facil- ades that the Federal Government have by our Government, to accept the ity ready to operate and receive by oversight and primacy in the area of waste. Now we have to come to the 1998. That was a $12 billion commit- management and control of nuclear floor in the 11th hour and plead with ment and $4.5 billion of that money has materials, it is no longer, tragically this administration to come with us in already been spent. This chart will give enough, a high-level policy of this the shaping of national policy to deal you an idea of where the moneys come country that is discernible by adminis- with this issue. Just last year the U.S. from. trative position and by the clearness of Court of Appeals reaffirmed the Fed- So, in other words, these were the administrative leadership. That is why eral obligation. folks that made the commitments.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2782 CONGRESSIONAL RECORD — SENATE April 7, 1997 These were the folks that signed the that shows how simple the technology deal with a lot of issues, all of them or contracts. These were the folks that to store this fuel is, but what is impor- most all of them were political, but 99 believed that the Federal Government tant to understand is that you do it by percent of them are not just political. was an honorable agent that would the rules and you do it by the science, Some of them deal with economics. honor those contracts. And the courts the technology, and the engineering of Some of them had differing opinions as just this past year said, ‘‘You are right. the day. to the engineering or the science or the The Federal Government has to do it.’’ The interim storage capacity pro- technology involved in a given issue. And the administration says, ‘‘Well, we vided for in the legislation would stem But never have I dealt with an issue can’t do it. In fact, we probably won’t the Government’s looming financial li- that, in my opinion, is exclusively po- be able to do it until 2010, or sometime ability in its current lawsuit with util- litical—not scientific, not engineering, beyond.’’ ities. In other words, I have just en- not mechanical in any way. Because We enjoy the benefits of having the tered into a new dimension in this bat- when it comes to the management of world’s most reliable and powerful tle that we now have going over—how nuclear waste, none of those charges electricity supplies to drive our econ- to be responsible and where to be re- have any base to them. The only dy- omy. In supplying more than 20 percent sponsible and when to be responsible as namics in this debate is politics. Where of the Nation’s electricity, nuclear en- it relates to the appropriate manage- do you want to put the waste? Because, ergy is part of the foundation of our ment of spent fuel and high-level nu- once that decision is made, our science, Nation’s high standard of living and clear waste. our engineering, and our technology economic growth. Twenty percent of On January 31 of this year, 46 State knows without question that it can be the lights in our country, of the indus- agencies and 36 utility companies filed effectively and responsibly stored and try in our country, of the economy of suit against the Department of Energy safely stored in an environmentally our country, is fueled by nuclear power in Federal court. The lawsuit asks the sound way. Those decisions were made—that it plants. court to order immediate action by the Mr. President, here is the thing that Department of Energy to comply with be a deep geologic repository. So, when frustrates me most. I am going to the Nuclear Waste Policy Act of 1982 by it comes to the movement of that quote from the President of the United beginning to remove spent nuclear fuel waste to that repository, the same argument holds true. The fact is, there States, this President. This is the from reactor sites by January 31, 1998, have been over 2,500 commercial ship- President who doesn’t have any idea as specified under the act. The Depart- ments of spent fuel in the United how he will honor the commitment ment of Energy not only has failed to States in the timeframe that I have that the courts said just this last year take any steps to fulfill this obligation, talked about; the same timeframe we he has to honor. This is the President as I have spoken to earlier, but, rather, have dealt with the management and who, in my opinion, has established the it has acknowledged it will not begin the handling of nuclear waste. There most antinuclear policy and attitude of waste acceptance in 1998 and has solic- has not been a single death or injury any President since Harry Truman. ited suggestions on what it might do in from the radioactive nature of the Yet, this President this year in his fis- light of this failure. cargo. Let me repeat. Here is the Depart- cal 1998 budget request for the Depart- Let me repeat. There has never been ment of Energy includes the following ment of Energy that has basically said: a single death or injury from the radio- statement. We cannot do it, so tell us how to do it. active nature of the cargo. He says, or the Department of En- Give us some ideas of how we, as Gov- What am I saying when I say that? I ergy says, this President’s Department ernment, can honor the commitment am saying that the integrity of the of Energy: that we have made under the law. shipment vessel in which high-level nu- [Nuclear power] plants represent a $200 bil- Let me suggest to our Secretary of clear waste or nuclear fuel was trans- lion investment by electric ratepayers and Energy and to the President that the ported was never breached, even provide reliable baseload power without way you honor the commitment is S. though there were some accidents. emitting harmful pollutants such as those 104. Don’t fight the Congress. Don’t associated with global climate change. There is no other product or waste ma- fight a majority bipartisan effort here. terial transportation in our country In other words, it is this President Come with us, work with us in solving today that can make that claim—none, who recognizes that nuclear power or this problem as S. 104 provides. Not except nuclear waste. It has been electrical power generated by nuclear only does it recognize the commitment transported more safely with no escape energy is the safest, the cleanest, and by law, but it recognizes the need to re- of radioactivity, and therefore no provides a huge investment of $200 bil- spond in a timely fashion. human injury resulting from it, and lion. Yet, this is the President who Just last week our new Secretary of transported more safely than any other shrugs his shoulders and says, ‘‘But we Energy, Federico Pen˜ a, met with nu- waste, toxic substance, or human- don’t know what to do with the waste. clear energy executives. Despite the harming substance in the United We do not have a policy. We cannot potential for billions of dollars of li- States. That is a unique claim. react.’’ ability judgments against his Depart- The reason that claim can be made I agree with the statement that I just ment, Secretary Pen˜ a and the adminis- was the understanding at the front end quoted from the Department of Ener- tration again failed to offer any con- of the need to transport this waste in a gy’s fiscal year 1998 budget. Nuclear crete solution to this issue. Why did safe manner and the importance of the power is a major generator. Nuclear they fail to offer it? Because they do vessel in which it was transported in power is safe. Nuclear power is clean. not want to recognize the need for S. accomplishing this. Responsible management and disposal 104. They do not want to recognize the Let me add to these national statis- of spent fuel from these plants is a commitment they have made, or at tics by describing the experience of my vital component of the energy security least are responsible for under the law. State, because my State receives high- of this country and is, in my opinion, In the course of this debate, you will level nuclear waste shipments. There the No. 1 environmental issue that we hear and you have already heard the have been over 600 shipments of Navy face. Managing the waste stream safely two Senators from the State of Nevada fuel and over 4,000 other shipments of and soundly is the No. 1 environmental talk about the issue of transportation. radioactive material to my State. I issue in 41 States at 81 sites across this Our opponents will raise the specter of will say that while some Idahoans re- country. a mobile Chernobyl. This fear- sist and speak out about these ship- S. 104 authorizes construction of an mongering is simply not supported by ments, none of them have been harmed. interim storage facility on the Nevada facts. There has never been a spill. There has test site near Yucca Mountain. This fa- Let me digress here to talk about the never been an accident that resulted in cility will be constructed in full com- safety of transportation for a moment. the radioactivity of the cargo being re- pliance with the regulations of, and In doing so, let me make this state- leased. There have never been—let me will be licensed by, the Nuclear Regu- ment. I have had the privilege over the repeat once more, for the record—inju- latory Commission. It is an interesting course of my time in service in the U.S. ries related to the radioactive nature drawing we have up here on this chart Congress from the State of Idaho to of shipments.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2783 Why? Why the great record? Well, The point of this whole comment was government officials, public utility largely because of what I just said, be- that not only had we made significant commissioners, newspapers, editorial cause there was rigorous attention paid strides to ensure questions about boards, labor unions, chambers of com- in the very early days, recognizing the transportation, because the vessel merce, national trade associations, the need for safe transportation of these itself is not of issue, in my opinion, nor electric utilities, just to name a few. A materials. In fact, according to the Nu- are there scientists or engineers that similar measure, as I have mentioned, clear Regulatory Commission, ‘‘The would argue it. S. 1936, passed this body last year with safety record for spent fuel shipments The other question happens to deal strong bipartisan support. in the United States and in other in- with the general nature of exposure, I know that many people would pre- dustrialized nations is enviable. Of the and what is 100 millirems. We are going fer not to address the problem of spent thousands of shipments completed over to talk about this in the debate. Al- nuclear fuel disposal. For this Congress the last 30 years, none have resulted in ready the Senators from Nevada have not to address this problem, in my an identifiable injury through a release had this issue on the charts before us. opinion, would just be irresponsible. of radioactive material.’’ I think it is important that we set ra- We cannot let the source of 20 percent An example of this care and handling diation exposure levels in context, so of our country’s electricity drown in is the testing sequence to which spent that we can compare them to exposures waste, nor can we allow our Govern- fuel packages must be subjected. Once that we assume routinely in our day- ment to default on contractual obliga- again, we have talked about the routes. to-day living. tions that it has made. This Govern- You have seen the picture. Here are Mr. President, it is something that ment’s default would leave the tax- some examples of the kind of testing not all of us recognize or understand, payers of this country vulnerable to a that has gone on to create the integ- but the fact is that we receive radi- financial liability as high as $80 billion. rity of the shipping vessel that allows ation by just being alive under natural As I close, let me use these examples. me to make the claims on the floor of environments, whether it is your rela- The minority leader and I were just the U.S. Senate that I have just made. tionship in altitude and exposure to discussing budgets and who is on first For a spent fuel package design to re- the Sun or whether it is the fact that and who is on second and who proposed ceive a license from the Nuclear Regu- you are encased in granite or marble. and who has not proposed. The bottom latory Commission, it must be dem- For example, we receive 80 millirems line is we are all concerned about the onstrated that the cask can survive the dosage on an annual basis by merely budget and, most importantly, we are following tests, in sequence: A 30-foot serving in the U.S. Senate. Why? Be- all concerned about getting it to bal- drop onto an unyielding surface. In cause of the general radioactive nature ance in a responsible fashion and not other words, I am talking about a con- of granite and marble. That is the way doing so with major tax increases. crete slab; then, a shorter drop onto a our world is made up. Yet, if this Government walks away vertical steel punch bar. In other In your State of Colorado, and in from its commitment under the law, it words, dropping a vessel onto a steel your city of Denver, residents receive may well be placing itself in a liability spike, if you will, of the size that could approximately a 53-millirem annual environment that could equal upwards fully penetrate the vessel; that it be dose because you live in a mile-high of $80 billion. How does that translate? engulfed in fire for 30 minutes; finally, city where the air is thinner and your That translates to an additional $1,300 submerged in 3 feet of water; and sepa- exposure to solar radiation is simply per family in the United States. On the rately, that the cask must not leak for higher. It is the character of the envi- dollar and cents costs, let me relate 1 hour under 200 meters of water. That ronment we live in. them to you as I understand them. is the rigorousness of the testing and When I hear suggestions that we set If we do not assume the responsi- that is why, of course, I can make the exposure levels at 4 millirems for bility and deal in a timely fashion, the claims I made, that no spills have re- groundwater or setting a level of 15 cost of storage of spent fuel, because sulted. millirems, I am reminded of the quote the courts have said to the Federal To further ensure that this care and I heard when this debate occurred ear- Government, ‘‘You will take charge of caution be continued, we have sup- lier. It talked about the differences of it. It will become your obligation,’’ it ported an amendment offered in the exposure in, again, Denver—and I do will start costing the taxpayers money. committee by our colleague from Or- not know why they like to use Denver, That cost could go as high as $19.6 bil- egon, Senator WYDEN. All shipments CO, as an example—the difference be- lion. Return of nuclear waste fees could pursuant to S. 104 will be conducted in tween 4 millirems exposure for ground- be $8.5 billion. Interest on nuclear full compliance with all relevant Nu- water and setting it at 15 millirems is waste fees, $15 to $27.8 billion, depend- clear Regulatory Commission and De- a difference of standing up or sitting ing on the interest rates used, and con- partment of Transportation regula- down in Denver, CO, as it relates to sequential damage for shutdown of po- tions, in addition to complying with your relative exposure to radiation and tential nuclear powerplants that would the Department of Energy’s require- the Sun. I doubt that anybody in the lose their storage capability and would ments for advance notification and State of Colorado, or in the city of not be allowed to license new storage emergency response. Denver, thinks that they are more ex- capability could be upwards of $24 bil- My colleagues from Nevada have posed standing or less exposed seated, lion. been very vocal on this issue of trans- to the natural environmental radiation When the bipartisan leadership of the portation. I would like to quote from a that occurs there and has always oc- House and Senate met with the Presi- letter dated March 11, 1997, sent by the curred there because of the altitude dent and the Vice President some Western Governors’ Association, of and the atmosphere. weeks ago, our leader, TRENT LOTT, which Nevada is a member. This letter What I am trying to make here is a said to the President, ‘‘It is our pri- went to Senator WYDEN, giving the point that if you want to stand on the ority to deal with the nuclear waste Western Governors’ Association re- floor of the U.S. Senate and debate issue.’’ The President deferred to AL sponse to Senator WYDEN’s transpor- millirems in the 15 or the 4 context, GORE and said, ‘‘It is not ours,’’ and the tation amendment that our committee you do not have a point. It cannot be Vice President largely said, ‘‘Leave it accepted, that is now within S. 104. The made. It does not make sense, because where it is until the year 2010.’’ letter reads: you receive them in the natural envi- Eighty billion dollars and 2010? Mr. [Y]our transportation amendments to S. ronment of Denver or you receive them President, Mr. Vice President, wake 104, dated March 11, are generally consistent in the natural environment by being up. Not only will the taxpayers not with the WGA’s adopted policies for the safe encased in a building of sandstone and allow that, but the politics of this and uneventful transport of radioactive marble and granite right here in the country will not tolerate that. We waste through western States. U.S. Senate. That is the reality of what must deal with this issue, and S. 104 is We feel that the committee action we have. That is the situation that we clearly a way of dealing with it. has strengthened the already substan- face. The United States has benefited from tial transportation safeguards of S. 104, Support of S. 104 is coming from all the many uses of nuclear materials as introduced. quarters, including State and local which have deterred a global conflict.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2784 CONGRESSIONAL RECORD — SENATE April 7, 1997 Our nuclear fuels now generate elec- thing to do would be to leave it where clear waste in a centralized facility by tricity in a clean, non-air-polluting it is. We would save not only the cost January 31, 1998. However, with this way. Our generation now must take the of the site of construction at Yucca deadline less than a year away and responsibility that it has to properly Mountain and the proposed interim with over $6 billion already spent by manage spent nuclear fuels for the de- storage site of billions of dollars, the Department of Energy, there has fense program of our country and for maybe as much as $10 billion, but we been little progress toward keeping the 110 commercial powerplants that it would also not have the American pub- this 15-year-old promise of establishing obligated itself to do so in 1982. lic frightened and concerned about the a centralized Federal storage facility. The Nuclear Waste Policy Act of 1997, transportation of nuclear waste. We In fact, though there has been measur- the legislation that we are now asking will talk about that more tomorrow. for the right to proceed with on the I will also say, tomorrow we will dis- able progress at the Yucca Mountain, floor and deal with in a timely fashion, cuss in some detail the argument that NV, facility, a permanent repository S. 104, is the proper way to move. It al- because there has been nuclear testing will not be completed until well into lows our citizens the comfort of know- there, we should also have nuclear the next century. As of today, nuclear ing that our Government has acted re- waste; we will establish that is a clear- waste is piling up at more than 80 sites sponsibly to assure environmentally ly erroneous and fallacious reason. due to the DOE’s failure to live up to is safe long-term storage and disposal of Also, we will spend time tomorrow commitment. spent nuclear fuel and high-level radio- indicating how this legislation would Clearly, if the DOE is to meet the active material. I hope that tomorrow wipe out environmental laws in this evening, when we vote cloture that country, and that is the reason all en- January 31, 1998 deadline, it must begin would give the Senate the right to pro- vironmental organizations in this accepting nuclear waste at an interim ceed to debate on the legislation, that country vehemently oppose this legis- storage facility—that, however, has we can have the kind of overwhelming, lation. not yet happened. In fact, the DOE re- bipartisan support of the type that we Mr. President, there is a lot that we cently notified States and utilities have received in the past. need to talk about with this legisla- that it would not accept their commer- Mr. President, I believe we will get tion. As indicated, however, my friend cial nuclear waste despite the law and that support. I believe it because it is from Minnesota has been waiting all the Federal court’s effort to enforce it. now time to deal with this issue. I hope afternoon. My friend from Idaho, my Meanwhile, utility ratepayers are still that during the course of the debate on friend from Alaska and the two Sen- being required to pay for a mismanaged ators from Nevada will discuss this in the floor of the Senate and action that program. In fact, over $630 million from will follow in the House, that somehow more detail tomorrow. the ratepayers go into the nuclear and in some way we can catch the at- The PRESIDING OFFICER. The Sen- waste fund each year—without any tention of this administration, to do ator from Minnesota. what they are legally and contrac- Mr. GRAMS. Mr. President, I yield tangible benefits or results to show for tually obligated to do, so that we can myself such time as I may consume. them. The PRESIDING OFFICER. We are stand bipartisan, shoulder to shoulder, Our Nation’s utility consumers and not under controlled time. in a national policy that deals with Mr. GRAMS. Before I begin, I yield a their pocketbooks aren’t just hit once, this issue in a way that we can all be few moments to the Senator from either. Because of the DOE’s failure to proud of. Then we can say to our fellow Idaho. act, ratepayers are currently being citizens, ‘‘Yes, when the Government The PRESIDING OFFICER. The Sen- forced to pay their hard-earned dollars makes a commitment, when the Gov- ator from Idaho. to store waste on-site at commercial ernment signs a contract, when the PRIVILEGE OF THE FLOOR utility plants—a burden that would not Government obligates resources and Mr. CRAIG. Mr. President, I ask be necessary had the Energy Depart- taxes it citizenry for a dedicated cause, unanimous consent that Kristine ment lived up to its legal obligation. that cause can be responded to in a Svinicki, a legislative fellow who timely fashion.’’ S. 104 allows us to do Take, for example, the situation facing works with my office, be granted the ratepayers in my home State of Min- so, and I hope that by tomorrow privilege of the floor for the duration nesota. Since 1982, Minnesota’s nuclear evening we will have the support to of the debate on S. 104. vote cloture. I yield the floor. The PRESIDING OFFICER. Without energy consumers have paid over $250 Mr. REID addressed the Chair. objection, it is so ordered. million into the nuclear waste fund be- The PRESIDING OFFICER. The Sen- The Senator from Minnesota. lieving that the Federal Government ator from Nevada. Mr. GRAMS. Mr. President, I rise would fulfill its obligation to transport Mr. REID. Mr. President, if I can ask today in strong support of S. 104, the nuclear waste out of Minnesota. But as the Chair, after we finish debate on Nuclear Waste Policy Act of 1997. This this matter today, it is my under- time went on and the DOE continued much-needed legislation, as has been to ignore their responsibilities, utili- standing that, again, this matter will outlined today, will help resolve our be taken up at 2:30 tomorrow after- ties in Minnesota and around the coun- Nation’s nuclear waste storage crisis, try were forced to temporarily store noon. help restore the commitments to our The PRESIDING OFFICER. That is their waste within the confines of their Nation’s ratepayers, and ultimately to correct. own facilities. When it became clear to save taxpayer dollars from the Depart- Mr. REID. And there will be a vote at many utilities that storage space was ment of Energy’s failed policies of the 5:30 or 5:15? running out and the Department of En- The PRESIDING OFFICER. I believe past. Again, I applaud the majority leader ergy would not accept waste by the es- it is scheduled for 5:15. tablished deadline, utilities then had to Mr. REID. And the debate between and Energy and Natural Resources go to their States to ask for additional 2:30 and 5:15 is equally divided between Chairman MURKOWSKI and Senator on-site storage or else be forced to the—— CRAIG of Idaho, for their leadership in The PRESIDING OFFICER. It is moving this bill. shutdown their operations. equally divided between 2:15 and 5:15. Again, bottom line, our Nation can- For example, ratepayers in Min- Mr. REID. I recognize that my friend not afford further delay, and the time nesota, North Dakota, South Dakota, from Minnesota has been on the floor, to act on this commonsense legislation and Wisconsin were forced to pay for and I will just take a few minutes be- is now. But for the Senate to fully ap- on-site storage in cooling pools at Prai- cause there are many things we can preciate the gravity of the situation, I rie Island in southeastern Minnesota. talk about during the time tomorrow. I believe a brief summary of its history In 1994, with storage space running out, will just say, so I do not have to answer is in order. Since 1982, utility rate- the Minnesota Legislature—after a today everything that my friend from payers have been required to pay the bruising battle—voted to allow for lim- Idaho propounded, that the $80 billion Federal Government nearly $13 billion figure that my friend has brought up is, of their hard-earned money in ex- ited on-site dry-cask storage until the I suggest, maybe not modern math. It change for the promise that the De- year 2004. simply does not make sense. If in fact partment of Energy would transport Mr. President, the cost associated we are talking about saving money, the and store commercially generated nu- with this on-site storage is staggering.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2785 Ratepayers in the Midwestern service the Department of Defense spending up Although the Department’s new Sec- area alone have paid over $25 million in to $400 million on designing and con- retary now admits that a Federal solu- storage costs and will pay an estimated structing an interim nuclear waste tion is needed to resolve our interim $100 million more by the year 2015, and storage facility in Russia to help dis- storage problems, he recently indicted that is in addition to the required pay- mantle the cold war threat, the world in a meeting with nuclear utility ex- ments to the Federal Government. will certainly be a safer place, if that ecutives that the DOE is still unwilling To make matters even worse, storage happens. to move commercial spent fuel. In- space will run out at Prairie Island just But, again, our Defense Department stead, the DOE offered a proposal to after the turn of the century, forcing is spending $400 million to help Russia compensate utilities for onsite storage. the plant to close unless the State leg- design, construct, and facilitate an in- Unfortunately, this proposed com- islature once again makes up for the terim waste storage facility, but yet pensation scheme does little but need- DOE’s inaction. This will threaten over cannot do it in this country. lessly spend the taxpayers’ money 30 percent of Minnesota’s overall en- Now, Mr. President, as a Senator who while continuing the failed status quo. ergy resources and will likely lead to is concerned about our national secu- It signals to the ratepayers that the even higher costs for Minnesota’s rate- rity needs, I understand the rationale Federal Government has no intention payers. behind reducing our international nu- of moving commercial nuclear waste in In fact, the Minnesota Department of clear dangers. But what I and many the near future, despite a Federal court Public Service estimates that the in- others cannot comprehend is how our mandate that it does. crease in costs could reach as high as Government has made it a priority to So again, who will pay for this? It 17 percent, forcing ratepayers to even- help foreign countries with their nu- will not be the new Secretary, Mr. tually pay three times: once to the nuclear waste problems while simulta- Pen˜ a. It will not be the Department of clear waste fund, again for onsite stor- neously ignoring the concerns right Energy or out of its budget. It will age, and yet again for increased energy here in our own country. gladly pay the fines, but it will come It seems clear to me that while costs. out of the ratepayers’ and the tax- States, utilities, and ratepayers have And Minnesota is not alone in facing payers’ pockets in order to do this. So kept their end of the bargain, the DOE this unacceptable situation. Thirty-six they are playing fast and loose with has not done its part. That sends the other States across the Nation are fac- the taxpayers’ money once again. wrong message to the American people ing similar circumstances of either Moreover, continuing the policy of about trusting the promises of the Fed- shutting down and losing their energy- noncentralized storage facilities may eral Government. Maybe that is why generating capacity or continuing to lead to the premature shutdown of one the National Association of Regulatory bail out the Federal Government for its nuclear plant in Minnesota—compro- Utility Commissioners, 48 State agen- failure to act. mising 30 percent of the State’s energy cies and 36 utilities have now all joined Ratepayers are not the only ones who needs and increasing ratepayer costs. together in a lawsuit to stop rate- face serious consequences because of So again, clearly, leadership is need- payers’ payments into the nuclear inaction by the DOE. The taxpayers ed to restore the promises made to the waste fund and to escrow $600 million are threatened too. Last year, the Fed- American people. If such leadership that will soon go into that fund this eral courts ruled that the DOE will be will not come from the Clinton-Gore year. Because too long, our States, liable for damages if it does not accept administration, then it will have to utilities, and ratepayers have acted in commercial nuclear waste by January good faith and relied upon the Federal come from Congress. Senate Energy 31, 1998. Government to live up to its obliga- and Natural Resoruces Committee Under current law, no one at the DOE tions. Evidently, they have had enough Chairman FRANK MURKOWSKI, Senator will be held personally liable for any of the DOE’s excuses for inaction and LARRY CRAIG, and I crafted a bipartisan assessed damages; the bill will go to have proposed their own recourse. proposal, again, S. 104, identical to leg- the American taxpayers at an esti- This issue has created strange bed- islation supported last year by 63 Sen- mated cost between $40 to $80 billion. fellows as well. In a recent interview, ators. Such a tremendous liability burden on former DOE Secretary Hazel O’Leary We have put this proposal forward as taxpayers would make the public bail- agreed that action on an interim site is a good-faith effort to help resolve this out of the savings and loan collapse needed as soon as possible. It is unfor- situation for the sake of protecting the seem small in comparison. tunate that Secretary O’Leary waited legitimate interests of our ratepayers What is worse is that while our until she was free from the administra- and taxpayers, as well as protecting States, our utility ratepayers, and the tion to openly support interim storage, national security and protecting the taxpayers are being unfairly punished but I think her comments are impor- environment. Last month, the Energy by the Department of Energy’s inac- tant to remember as we attempt to and Natural Resources Committee tion, the Federal Government has been protect our Nation’s ratepayers and passed this bipartisan legislation on a active in meeting the interim nuclear taxpayers. 15 to 5 vote. waste storage needs of foreign coun- In addition, Mr. President, the Mr. President, Congress has an obli- tries. former head of the Office of Civilian gation to protect the American public Under the Atoms for Peace Program, Radioactive Waste Management under also from the estimated $40 to $80 bil- the DOE has resumed collecting spent the Clinton administration, Daniel lion that they face in liability ex- nuclear fuel from a total of 41 coun- Dreyfus, also said that he believes the penses, because the DOE has refused to tries. Last year, the DOE completed ur- DOE must move to meet the January act. gent relief shipments of 252 spent nu- 31, 1998, deadline. Key labor unions Our bill will reform our current civil- clear fuel assemblies from European have even joined the fight to restore ian nuclear waste program to avoid the nations to the agency’s facility at Sa- the DOE’s promises. J.J. Barry, presi- squandering of billions of dollars of vannah River. It has also accepted nu- dent of the International Brotherhood ratepayers’ and taxpayers’ money. It clear spent fuel from Latin American of Electrical Workers, recently wrote will eliminate the current need for on- countries. me, and he said, ‘‘I am calling on you site storage at our Nation’s nuclear Ultimately, as I learned during a re- and your colleagues to put partisan plants and keep plants from shutting cent trip to the Savannah River site, politics aside for the good of our Na- down prematurely due to the lack of which is down in South Carolina, up to tion and America’s workers and their storage space. And it will also help to 890 foreign research reactor cores will families. We must address this problem maintain stable energy prices. be accepted by the DOE over a 13-year now or else face serious economic and Our legislation also assures that period. Again, up to 890 foreign re- environmental consequences later.’’ He transportation of nuclear waste will search reactor cores will be accepted went on to say, ‘‘Please support pas- continue to be conducted in a safe by the DOE over a 13-year period. sage of S. 104.’’ manner. In addition, our Government is ac- Despite this widespread support, the For the interests of my colleagues, tively helping other countries reduce DOE has failed to offer an alternative there have already been 2,400 ship- their nuclear waste stockpiles. With to our legislation. ments of high-level nuclear waste in

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2786 CONGRESSIONAL RECORD — SENATE April 7, 1997 our Nation, including numerous ship- Mr. BRYAN. Mr. President, I suggest This declaration of independence in- ments of naval spent fuel and foreign the absence of a quorum. cludes these inspirational lines: ‘‘* * * research reactor fuel. The PRESIDING OFFICER. The we fight not for glory, nor riches, nor In fact, in these pictures behind me it clerk will call the roll. honors, but for freedom alone, which illustrates the means by which ship- The assistant legislative clerk pro- no good man gives up, except with his ments of foreign-generated fuel are ceeded to call the roll. life.’’ being transported to the Department of Mr. NICKLES. Mr. President, I ask Mr. President, Scottish-Americans Energy’s Savannah River facility. The unanimous consent that the order for have left their mark as pioneers and safety record of these shipments speaks the quorum call be rescinded. innovators in the fields of science, for itself. The PRESIDING OFFICER. Without technology, medicine, government, pol- They come into the Port of Charles- objection, it is so ordered. ton, SC. They are loaded off the ships itics, economics, architecture, lit- f and on to rail cars, and then trans- erature, the media, and the visual and ported to Savannah River. That is 2,400 CLOTURE MOTION performing arts. Their contributions to shipments. And they have all been Mr. NICKLES. Mr. President, I send a the history and development of the completed safely. And I think, again, second cloture motion to the desk on United States are invaluable. the safety record of these shipments the pending motion to proceed. Some of these great past and present speaks for itself. The PRESIDING OFFICER. The clo- Scottish-Americans include: Neil Arm- Again, this is spent fuel that is al- ture motion having been presented strong, Alexander Graham Bell, An- ready being shipped across the United under rule XXII, the Chair directs the drew Carnegie, Julia Child, Hugh States, so it is no longer a question of clerk to read the motion. Downs, Thomas Alva Edison, Malcom technology but becomes one of politics. The legislative clerk read as follows: S. Forbes, Katherine Hepburn, Billy Even so, modifications have been CLOTURE MOTION Graham, Brit Hume, Washington Ir- made to this legislation to further en- We, the undersigned Senators, in accord- ving, Robert MacNeil, William Holmes sure that all spent fuel will be trans- ance with the provisions of rule XXII of the McGuffey, Andrew Mellon, Samuel B. ported safely. Standing Rules of the Senate, do hereby Morse, Grandma Moses, James Mr. President, for too long our move to bring to a close debate on the mo- States, our ratepayers and taxpayers, Naismith, Edgar Allen Poe, Willard tion to proceed to S. 104, a bill to amend the Scott, Robert Louis Stevenson, Gilbert have been threatened by a policy, Nuclear Waste Policy Act of 1982. again, one of inaction. As passed out of Trent Lott, Larry Craig, John Ashcroft, Stuart, Elizabeth Taylor, and James the Energy and Natural Resources Dan Coats, Tim Hutchinson, Sam McNeil Whistler just to mention a few. Committee, this legislation sets up a Brownback, Mitch McConnell, Conrad Mr. President. Almost 11 percent of reasonable deadline for the DOE to fi- Burns, Frank H. Murkowski, Jon Kyl, all the Nobel Prizes awarded have gone Connie Mack, Spencer Abraham, Chuck nally live up to its promises. We can- Hagel, John McCain, Don Nickles, Gor- to people of Scottish ancestry. not, in good conscience, delay that don Smith. Mr. President. A Tartan provides an deadline any further. It is unreasonable Mr. NICKLES. Mr. President, it is instant recognition of a family and its to ask the taxpayers to sacrifice any my understanding that under rule XXII kinship. further for a department that has this cloture vote would occur on failed—a department that has failed— By recognizing Tartan Day we are Wednesday morning. It is my hope clo- to do its job. commemorating all that is best in ture will be invoked on Tuesday and So I am here today also to urge my Scottish heritage. I believe it is impor- therefore this vote would not be nec- colleagues to take a giant step forward tant for the Senate to pause, even if it essary. However, if cloture is not in- in moving this legislation closer to is belated, and to recognize Tartan voked tomorrow, I will notify all Mem- Senate passage by voting for cloture Day. I firmly believe it will further em- bers as to when the second cloture vote and allowing the bill to be debated. phasize the many Scottish contribu- Again, this is not a question of can be expected. tions to the growth and development of science. It is not a question of tech- Mr. President, I now ask unanimous the United States. nology. And I do not believe it is a consent that the mandatory live quorum be waived. Mr. President. As I look around the question of safety in transportation. Senate Chamber I see many who can But it has become a plain question of The PRESIDING OFFICER. Without objection, it is so ordered. claim Scottish ancestry. I see my col- politics. Will the political decisions be league and friend, JOHN MCCAIN. His f made to allow this bill and the solving family ancestry and my mother’s actu- of this problem to go forward? I think MORNING BUSINESS ally goes back to four Scottish families this bill is the first step in that direc- Mr. NICKLES. Mr. President, I ask who migrated to Carroll County, MS, tion. As I said, I urge my colleagues to unanimous consent that there now be a back in the 1830’s. I see others in this support this. Chamber—JUDD GREGG and KAY BAILEY I want to thank you, Mr. President, period for the transaction of morning HUTCHISON, and there are many more. very much. business with Senators permitted to I yield the floor. speak for up to 5 minutes each. Every day the Scottish in this Cham- Mr. REID. Mr. President, I suggest The PRESIDING OFFICER. Without ber live by the words in the Declara- the absence of a quorum. objection, it is so ordered. tion of Arbroath that I quoted—they The PRESIDING OFFICER. The f are here to advance freedom. clerk will call the roll. TARTAN DAY Mr. President. When our Nation was The assistant legislative clerk pro- founded, almost half of the signers of Mr. LOTT. Mr. President, as a result ceeded to call the roll. America’s Declaration of Independence of the recent recess of the U.S. Senate, Mr. BRYAN. Mr. President, I ask were of Scottish descent. Throughout I did not get the opportunity to come unanimous consent that the order for the history of our country three- to the Senate floor and recognize Sun- the quorum call be rescinded. fourths of our Presidents have been of The PRESIDING OFFICER. Without day, April 6, 1997, as Tartan Day. This Scottish ancestry. This tells me that objection, it is so ordered. day is set aside to honor the millions of despite the fact they are few in num- PRIVILEGES OF THE FLOOR Scottish-Americans who have made ber, Scots tend to take seriously the Mr. BRYAN. Mr. President, I ask outstanding contributions to our great word from the Declaration of Arbroath. unanimous consent during the duration country. of the consideration of S. 104 that floor This date has a special significance Many organizations were involved in privileges be extended to two more for all those of Scottish heritage. It is making the observance of Tartan Day members of my staff, Jean Neal and the 677th anniversary of the Declara- on April 6 a success. There are clan so- Andy Vermilye. tion of Arbroath—the Scottish Dec- cieties, clubs, and fraternal associa- The PRESIDING OFFICER. Without laration of Independence which was tions and individual Scots-Americans objection, it is so ordered. signed on April 6, 1320. representing literally millions of

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2787 Americans nationwide that partici- MESSAGES FROM THE PRESIDENT REPORTS OF COMMITTEES SUB- pated. They include the Scots’ Chari- Messages from the President of the MITTED DURING ADJOURNMENT table Society (the oldest charitable so- United States were communicated to Under the authority of the order of ciety in the United States), the St. An- the Senate by Mr. McCathran, one of the Senate of March 27, 1997, the fol- drew’s Society of the City of Charles- his secretaries. lowing reports of committees were sub- ton, SC (the first St. Andrew’s Society mitted on April 2, 1997: f in the United States), the Saint An- By Mr. JEFFORDS, from the Committee drew’s Society of New York, (the sec- EXECUTIVE MESSAGES REFERRED on Labor and Human Resources, with amend- ond oldest society in the United ments: States); Scottish Society of Martha’s As in executive session the Presiding S. 4: A bill to amend the Fair Labor Stand- Vineyard, MA; the American-Scottish Officer laid before the Senate messages ards Act of 1938 to provide to private sector Foundation, Inc.; the Association of from the President of the United employees the same opportunities for time- States submitting sundry nominations and-a-half compensatory time off, biweekly Scottish Games and Festivals; the Cal- work programs, and flexible credit hour pro- edonian Foundation, Inc.; the Clans of which were referred to the appropriate committees. grams as Federal employees currently enjoy Scotland, USA; Council of Scottish to help balance the demands and needs of Clans and Associations; Scottish Herit- (The nominations received today are work and family, to clarify the provisions re- age USA, Inc.; the Illinois St. Andrew’s printed at the end of the Senate pro- lating to exemptions of certain professionals Society; the Tartan Education and Cul- ceedings.) from the minimum wage and overtime requirements of the Fair Labor Standards Act tural Association, Inc.; Highland Light f of 1938, and for other purposes (Rept. No. 105– Scottish Society, Massachusetts; Scot- 11). tish Historic and Research Society of MESSAGES FROM THE HOUSE RECEIVED DURING ADJOURNMENT By Mr. JEFFORDS, from the Committee the Delaware Valley, PA, and numer- on Labor and Human Resources, without ous individual Scottish Americans in- Under the authority of the order of amendment: cluding those from my own State of the Senate of January 7, 1997, the Sec- S. 295: A bill to amend the National Labor Mississippi. retary of the Senate, on March 21, 1997, Relations Act to allow labor management cooperative efforts that improve economic Mr. President. I am proud to declare during the adjournment of the Senate, competitiveness in the United States to con- my Scottish-American ancestry and it received a message from the House of tinue to thrive, and for other purposes (Rept. is an honor to recognize the 677th anni- Representatives announcing that the No. 105–12). versary of the Declaration of Arbroath. House has agreed to the following con- f Tartan Day is indeed a significant day current resolution, with amendment: INTRODUCTION OF BILLS AND for all Americans. S. Con. Res. 14. Concurrent resolution providing for a conditional adjournment or re- JOINT RESOLUTIONS f cess of the Senate the House of Representa- The following bills and joint resolu- tives. tions were introduced, read the first THE VERY BAD DEBT BOXSCORE Under the authority of the order of and second time by unanimous consent, and referred as indicated: Mr. HELMS. Mr. President, at the the Senate of January 7, 1997, the Sec- close of business Friday, April 4, 1997, retary of the Senate, on March 21, 1997, By Mr. ASHCROFT: during the adjournment of the Senate, S. 514. A bill to provide uniform standards the Federal debt stood at for the awarding of compensatory and puni- $5,384,750,396,046.34. received a message from the House of Representatives announcing that the tive damages in a civil action against a vol- One year ago, April 4, 1996, the Fed- unteer or volunteer service organization, and eral debt stood at $5,137,761,000,000. Speaker has signed the following en- for other purposes; to the Committee on the Twenty-five years ago, April 4, 1972, rolled bills: Judiciary. the Federal debt stood at H.R. 514. An act to permit the waiver of the S. 515. A bill to provide uniform standards for the awarding of compensatory and puni- $428,814,000,000 which reflects a debt in- District of Columbia residency requirements for certain employees of the Office of the In- tive damages in a civil action against a vol- crease of nearly $5 trillion spector General of the District of Columbia. unteer or volunteer service organization, and ($4,955,936,396,046.34) during the past 25 S. 410. An act to extend the effective date for other purposes; read twice. years. of the Investment Advisers Supervision Co- By Mr. KENNEDY (for himself, Mr. ordination Act; to the Committee on Bank- LEAHY, Mr. DODD, Mr. AKAKA, Mr. f ing, Housing, and Urban Affairs. INOUYE, Mr. ROBB, Mr. LAUTENBERG, Mr. MOYNIHAN, Mrs. BOXER, Mr. Under the authority of the order of WELLSTONE, Ms. MOSELEY-BRAUN, Mr. HONORING THE REINSCHS ON the Senate of January 7, 1997, the en- THEIR 50TH WEDDING ANNIVER- HARKIN, Mr. FEINGOLD, and Ms. MI- rolled bills were signed on March 21, KULSKI): SARY 1997, during the adjournment of the S. 516. A bill to amend section 1977A of the Mr. ASHCROFT. Mr. President, fami- Senate by the President pro tempore Revised Statutes to equalize the remedies lies are the cornerstone of America. [Mr. THURMOND]. available to all victims of intentional em- The data are undeniable: Individuals ployment discrimination, and for other pur- f poses; to the Committee on Labor and from strong families contribute to the Human Resources. society. In an era when nearly half of MEASURE PLACED ON THE S. 517. A bill to provide relief to agricul- all couples married today will see their CALENDAR tural producers who granted easements to, union dissolve into divorce, I believe it The following measure was read the or owned or operated land condemned by, the is both instructive and important to first and second times and ordered Secretary of the Army for flooding losses caused by water retention at the dam site at honor those who have taken the com- placed on the calendar. mitment of ‘‘till death us do part’’ seri- Lake Redrock, Iowa, to the extent that the S. 515. A bill to provide uniform standards actual losses exceed the estimates of the ously, demonstrating successfully the for the awarding of compensatory and puni- Secretary; to the Committee on Agriculture, timeless principles of love, honor, and tive damages in a civil action against a vol- Nutrition, and Forestry. unteer or volunteer service organization, and fidelity. These characteristics make f our country strong. for other purposes. STATEMENTS ON INTRODUCED For these important reasons, I rise f today to honor Clarence and Helen BILLS AND JOINT RESOLUTIONS Reinsch of Argyle, MO, who on April 9 ENROLLED BILL PRESENTED By Mr. ASHCROFT: will celebrate their 50th wedding anni- The Secretary of the Senate reported S. 514. A bill to provide uniform versary. My wife, Janet, and I look for- that on March 20, 1997 he had presented standards for the awarding of compen- ward to the day we can celebrate a to the President of the United States, satory and punitive damages in a civil similar milestone. The Reinschs’ com- the following enrolled bill: action against a volunteer or volunteer mitment to the principles and values of S. 410. An act to extend the effective date service organization, and for other pur- their marriage deserves to be saluted of the Investment Advisers Supervision Co- poses; to the Committee on the Judici- and recognized. ordination Act. ary.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2788 CONGRESSIONAL RECORD — SENATE April 7, 1997 THE LIABILITY REFORM FOR VOLUNTEER group was supposed to run from one and the excessive unpredictable and SERVICES ACT line to the other line without getting often arbitrary nature of damage Mr. ASHCROFT. Mr. President, in tackled, pummeled, and roughed up. awards have a direct and a chilling ef- his ‘‘Democracy in America,’’ Alexis de That is the way boys operate. That is fect on the spirit of voluntarism and on Tocqueville observed ‘‘Americans of all part of boyhood. But the jury found the nature of our communities. ages, all stations in life * * * are for- that the volunteers were personally I do not want to wring from the fab- ever forming associations.’’ Be it to reliable for some $7 million. Oregon law ric of American society that healthy pair a public thoroughfare or to pro- caused the judgment to be reduced to component that lubricates our social mote temperance, de Tocqueville noted around $4 million, but few Boy Scout exchanges, the component of caring volunteer associations were Americans’ volunteers can afford that kind of a and loving and dealing with and help- best response to community needs and judgment. ing each other, but if our legal system to cultural pathologies. The jury held the volunteers to a makes it dangerous to help each other This observation, made over 150 years heightened standard of care, charging and dangerous to care and dangerous to ago, certainly has been the case until a them with a meticulous constant su- volunteer, we will have done this great little over a decade ago. Volunteers pervision level of care in their super- country a tremendous disservice. Vol- have nurtured the elderly, they have vision over activities that routinely untarism is one of these defining char- coached generations of children, they have been permitted without oversight. acteristics of American culture. The have cleaned up our communities, they Such a standard is impossible to up- understanding that people have been have supported and counseled those in hold. Anyone who has been a Boy Scout historically willing to help one another need throughout American history. or certainly tried to supervise Boy is a mainstay of who we are as Ameri- I look back at my time as Governor Scouts knows that such a standard cans. The hyperlitigious nature of the civil of the State of Missouri when we start- would be very difficult, and such an im- justice system is creating a barrier be- ed the Clean the Highways Program possible standard has basically caused tween the desire of Americans to help using volunteers. We had 5,000 groups a marked drop off in voluntarism of volunteers—5,000 groups, not 5,000 others and their ability to do so. So, across the country. Mr. President, today I rise to introduce volunteers—who accepted responsi- In fact, the Gallup organization stud- a bill that will offer a new level of pro- bility. It is a sort of fulfillment of de ied voluntarism and, in a study titled tection to volunteers who give self- Tocqueville’s observation about Amer- the ‘‘Liability Crisis and the Use of lessly of themselves to help others. The ica, that Americans of all ages, of all Volunteers of Nonprofit Associations,’’ Liability Reform for Volunteer Serv- stations in life are forming associa- the Gallup organization found that ap- ices Act will reinstate reason, it will tions to do good things. proximately 1 in 10 nonprofit organiza- reinstate rationality, it will reinstate These groups have been catalysts tions has experienced the resignation certainly and fairness to a judicial sys- that interact with all elements of our of a volunteer due to liability concerns tem with regard to voluntarism. culture. It is to volunteers that we owe and that 1 in 6 volunteers reported The Liability Reform for Volunteer a great deal of gratitude for our social withholding services due to a fear of Services Act covers volunteer services cohesion—our sense of community in exposure to liability suits. organizations which are defined as non- America. When things are done from What we have basically done in the profit organizations that are organized the perspective of government, people last two decades is to send a signal to for the public benefit and operated pri- view them as entitlements. When people: If you volunteer to be helpful, marily for charitable, civic, edu- things are done by individuals because you could jeopardize the well-being of cational, religious, welfare, or health they volunteer, people know that we your own family; you could make it purposes. Health care providers, how- love one another. Basically, it is in our very difficult to maintain the home ever, specifically are excluded from care and regard for each other—ex- and lifestyle to which you have become coverage. Many of them fly under the pressed when we do things on a vol- accustomed; in trying to help others, banner or nonprofit, but we all know untary basis—that is the real glue that you might, as a matter of fact, hurt that they are anything but volunteer binds us together as communities and yourself. I think that is sad because it organizations, and they are not, in holds us together as a culture. has reduced this good impulse of Amer- many respects, charitable. Persons vol- It was in 1982 that the first warning icans. unteering for service organizations or signs went out that our intricate sys- The study also found that 1 of 7 non- governmental entities are covered by tem of volunteers fulfilling social work profit agencies had eliminated one or the bill if they are acting in good faith, was under attack. In Runnemede, NJ, a more of their valuable programs be- within the scope of their official du- Little League coach volunteer was sued cause of exposure to lawsuits. So, in- ties, and not being compensated for because he repositioned his Little stead of having more programs to help their services. This really is an effort League shortstop to the outfield, and more people, we have narrowed that be- to say to that person that volunteers, in the outfield the Little League short- cause of the threat of lawsuits and the ‘‘We are going to give you a fair situa- stop then misjudged a flyball and sus- potential of liability. Sixteen percent tion in which to volunteer, and if you tained an eye injury. A suit was filed of volunteer board members surveyed are not being compensated, we are still on the allegation that the 10-year-old reported withholding their services to going to hold you to the standard youngster was a born shortstop, but an organization out of fear of liabil- which requires you to have good behav- not an outfielder, and the courts found ity—16 percent. That is almost 1 out of ior, but we are not going to expose you the volunteer coach negligent. every 6 volunteer board members said, to tremendous liability.’’ Over the next 5 years, liability rates ‘‘No, I’m going to think carefully about The bill establishes a standard for for Little League baseball short up whether I’m going to be on the board, awarding punitive damages. It is a from $75 to $795 forcing many leagues because I don’t want to get sued, and I rather high standard for awarding pu- to stop playing. don’t want to ruin the chances of my nitive damages which is designed to In another example, a boy in a Scout- family to live properly just because punish defendants or defer others from ing unit with the Boy Scouts of the some mistake is made somewhere. engaging in the same activity against Cascade Pacific Council suffered a The average reported increase for in- the volunteer services organization or paralyzing injury in a game of touch surance premiums for nonprofits over the volunteer. An injured party would football. Several adults volunteered to the previous 3 years, from 1985 to 1988, be required to establish by ‘‘clear and supervise the trip. The youth filed a was 155 percent. That was over the convincing evidence’’ that a volunteer personal injury suit alleging that the years prior to the study, a 155 percent organization or its volunteers acted Boy Scouts and the volunteers were increase in insurance. And one in eight with a ‘‘conscious and flagrant indiffer- negligent for failing to supervise him organizations reported an increase of ence’’ to the rights or safety of others adequately. over 300 percent. So, nonprofits found and this conduct caused the harm for I remember playing aggressive games an increase in their insurance pre- which the volunteer is being sued. as a Boy Scout. I remember playing a miums. These numbers demonstrate The clear and convincing standard is game we called fox over the hill. One rather clearly that the cost of lawsuits greater than the standard for most

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2789 civil cases, which is merely the prepon- crimes when they are volunteering. In (4) as a result, volunteer service organiza- derance of the evidence, but it is less those instances, the sky would be the tions throughout the United States have than the criminal standard which is be- limit. We would be under the old sys- been adversely affected and often debilitated as volunteers have refused to help because of yond a reasonable doubt. The clear and tem. a fear of frivolous lawsuits; convincing standard is a higher stand- Let me just say that volunteers do (5) without a resurgence in volunteerism, ard than the more-likely-than-not or play an integral part in America, in the essential services that volunteer service preponderance of the evidence stand- community service. They should not organizations provide, including crisis coun- ard, but, obviously, it is less than the have to fear litigation. They should not seling, volunteer rescue services, coaches criminal standard of beyond a reason- have to withdraw from giving them- and referees for sports activities of children, able doubt. selves to those in need. The Gallup and support for the elderly, will continue to Punitive damages would be capped so study shows we have had a withdrawal diminish; (6) clarifying and limiting the personal li- that punitive damages could not exceed of talent from the volunteer pool. This ability risks assumed by individuals and in- $250,000, or twice the economic and is the time when we need more Ameri- stitutions who volunteer to help others with- noneconomic losses. So, actual dam- cans being involved in community in a out benefit to themselves is an appropriate ages would not be affected here. If sense of helping each other, not less. subject for Federal legislation because— there were real damages, they would be In conclusion, let me just make the (A) of the national scope of the problems recoverable, but punitive damages following observations. The basis for created by the legitimate fears of volunteers would be capped. In other words, if the American community and culture about frivolous, arbitrary, or capricious law- there were to be punitive damages, not is, in large measure, the result of vol- suits; and (B) the citizens of the United States de- only would they be capped at a max- untarism. Alexis de Tocqueville said pend on, and the Federal Government ex- imum of $250,000, or twice the economic this is what makes America ‘‘Amer- pends funds on, numerous social programs damages, you would have to be able to ica.’’ America is great because America that depend on the services of volunteers; provide that there was clear and con- is benevolent—this goodness is the im- and vincing evidence that there was a con- petus within us to help each other. (C) it is in the interest of the Federal Gov- scious and flagrant indifference to the We have had a development of a legal ernment to encourage the continued oper- rights or safety of others. system which has made that very dif- ation of volunteer service organizations and Given either party the right to sepa- ficult and costly for volunteers. In a contributions of volunteers because the Fed- very focused and balanced way, we are eral Government lacks the capacity to carry rate any court’s proceeding covered by out all of the services provided by such orga- the act into two parts, the first would trying to say to people that their li- nizations and volunteers; and determine whether the volunteer or ability for acts in the volunteer com- (7) liability reform for volunteer service service organization is liable to the in- munity should be limited only to eco- organizations will promote the free flow of jured party, and the second would be to nomic damages unless there is a very goods and services, lessen burdens on inter- determine whether punitive damages flagrant disregard for the rights of oth- state commerce and uphold constitutionally should be awarded. ers and, in those events, punitive dam- protected due process rights and that liability reform is thus an appropriate use of the A volunteer services organization or ages should be limited. powers contained in Article I, Section 8, volunteer would only be responsible in I believe that this measure will help Clause 3 of the United States Constitution, proportion to its degree of fault. That restore to the American people the ca- and the Fourteenth Amendment to the would mean that there would not be pacity to be caring and giving people, United States Constitution. the kind of joint liability. If the Salva- to live with each other in a sense of (b) PURPOSES.—The purposes of this Act tion Army were 10 percent responsible community—bound together by the are to provide protection from personal financial liability for volunteers and volun- and some other organization 90 percent glue of mutual concern—in service to teer service organizations that provide vol- responsible, and the organization that one another in valuable and selfless unteer services that are conducted in good was 90 percent responsible did not ways. faith— cover all of their 90 percent in the case, Mr. President, I ask unanimous con- (1) to promote the interests of social serv- the Salvation Army would not be asked sent that the text of the bill be printed ice program beneficiaries and taxpayers; and to pick up the tab for the other organi- in the RECORD. (2) to sustain the availability of programs, zation. It would only be responsible for There being no objection, the bill was volunteer service organizations, and govern- that damage that it had been found to ordered to be printed in the RECORD, as mental entities that depend on volunteer follows: contributions and services; and have caused. (3) to provide the protection by— I do not single out one of the most S. 514 (A) placing reasonable limits on punitive virtuous organizations in America, Be it enacted by the Senate and House of Rep- damages; suggesting that they might ever be lia- resentatives of the United States of America in (B) ensuring the fair allocation of liability ble, but if there were a case against a Congress assembled, in certain civil actions; and charitable organization like that, that SECTION 1. SHORT TITLE. (C) establishing greater fairness, ration- would be the framework for adjudi- This Act may be cited as the ‘‘Liability ality, and predictability in the civil justice cating and awarding damages. A volun- Reform for Volunteer Services Act’’. system of the United States. teer services organization or volunteer SEC. 2. FINDINGS AND PURPOSES. SEC. 3. DEFINITIONS. (a) FINDINGS.—Congress finds that— In this Act: only would be responsible for damages (1) the increasingly litigious nature of the (1) CLAIMANT.— in proportion to the degree of fault legal profession in the United States has cre- (A) IN GENERAL.—The term ‘‘claimant’’ that was found on their part. ated an unnecessary and ultimately harmful means any person who asserts a claim for The protections provided for in this barrier between the traditional desire of in- damages in an action covered by this Act Bill would not apply if the activity for dividuals to help other individuals and their and any person on whose behalf such a claim which damages were awarded con- ability to act on those desires; is asserted. stitutes a crime of violence or ter- (2) the cost of lawsuits, excessive, unpre- (B) CLAIMANTS FOR CERTAIN CLAIMS.—If a rorism. If the volunteer commits a dictable, and often arbitrary damage awards, claim described in subparagraph (A) is as- hate crime or is convicted of a civil and unfair allocations of liability have a di- serted through or on behalf of— rect and chilling effect on the spirit of vol- (i) an estate, the term includes the claim- rights violation these protections unteerism and the provision of charitable ant’s decedent; or would not apply. If a volunteer is con- service in the United States; (ii) a minor or incompetent, the term in- victed of a sexual offense under State (3) arbitrary and capricious damage awards cludes the claimant’s legal guardian. law, these protections would not apply. against volunteers and charitable institu- (2) CLEAR AND CONVINCING EVIDENCE.— In addition, if a volunteer is found to tions have contributed considerably to the (A) IN GENERAL.—The term ‘‘clear and con- have been under the influence of alco- high cost of liability insurance, making it vincing evidence’’ is that measure or degree hol or drugs when the incident giving difficult and often impossible for volunteers of proof that will produce in the mind of the rise to the litigation occurs and that and volunteer service organizations to be trier of fact a firm belief or conviction as to protected from liability as those volunteers the truth of the allegations sought to be es- influence caused the harm, these pro- and many volunteer service organizations tablished. tections would not apply. This is not a serve the public without regard to receiving (B) DEGREE OF PROOF.—The degree of proof bill designed to authorize people to be any personal or institutional economic bene- required to satisfy the standard of clear and high on drugs or alcohol or to commit fits from that service; convincing evidence shall be—

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2790 CONGRESSIONAL RECORD — SENATE April 7, 1997 (i) greater than the degree of proof re- (B) activities or services performed by a SEC. 6. LIMITATION ON THE AMOUNT OF PUNI- quired to meet the standard of preponder- volunteer service organization. TIVE DAMAGES. ance of the evidence; and (2) ACTIONS EXCLUDED.—The limitations on The amount of punitive damages that may (ii) less than the degree of proof required damages contained in this Act shall not be awarded in an action described in section to meet the standard of proof beyond a rea- apply in any action described in subpara- 5 shall not exceed the lesser of— sonable doubt. graph (A) or (B) of paragraph (1) in any case (1) twice the sum of the amounts awarded (3) COMPENSATORY DAMAGES.—The term in which— to the claimant for economic loss and non- ‘‘compensatory damages’’ means damages (A) the misconduct for which damages are economic loss; or awarded for economic and noneconomic loss. awarded — (2) $250,000. (4) ECONOMIC LOSS.—The term ‘‘economic (i) constitutes a crime of violence (as that SEC. 7. PREEMPTION. loss’’ means any pecuniary loss resulting term is defined in section 16 of title 18, (a) IN GENERAL.—This Act does not— from harm (including the loss of earnings or United States Code) or an act of inter- (1) create a cause of action for punitive or other benefits related to employment, med- national terrorism (as that term is defined in compensatory damages; or ical expense loss, replacement services loss, section 2331(1) of title 18, United States Code) (2) preempt or supersede any State or Fed- loss due to death, burial costs, and loss of for which the defendant has been convicted eral law to the extent that such law further business or employment opportunities) to in any court; limits the amount of an award of punitive or the extent recovery for such loss is allowed (ii) constitutes a hate crime (as that term compensatory damages. under applicable State law. is used in the Hate Crime Statistics Act (28 (b) REMITTITUR.—Nothing in this section (5) HARM.—The term ‘‘harm’’ means— U.S.C. 534 note)) for which the defendant has shall modify or reduce the ability of courts (A) any physical injury, illness, disease, or been convicted in any court; to grant a remittitur. death; (iii) involves a sexual offense, as defined by SEC. 8. APPLICATION BY COURT. (B) damage to property; or applicable State law, for which the defend- The application of the limitation imposed (C) economic loss, including any direct or ant has been convicted in any court; or by section 6 may not be disclosed to a jury consequential economic loss. (iv) involves misconduct for which the de- by a court. Nothing in this section author- (6) HEALTH CARE PROVIDER.—The term fendant has been found to have violated a izes the court to enter an award of punitive ‘‘health care provider’’ means any person, or- Federal or State civil rights law for which damages in excess of the initial award of pu- ganization, or institution that— the defendant has been convicted in any nitive damages awarded by a jury. (A) is engaged in the delivery of health court; or SEC. 9. BIFURCATION AT REQUEST OF ANY care services in a State; and (B) the defendant was found to be under PARTY. (B) is required by the applicable laws (in- the influence (as determined pursuant to ap- (a) IN GENERAL.—At the request of any cluding regulations) of a State to be li- plicable State law) of intoxicating alcohol or party the trier of fact, in any action for pu- censed, registered, or certified by the State any drug, at the time of the misconduct for nitive damages that is subject to this Act, to engage in the delivery of health care serv- which damages are awarded and (such influ- shall consider in a separate proceeding, held ices in the State. ence) was a proximate cause of the harm subsequent to the determination of the (7) NONECONOMIC LOSS.—The term ‘‘non- that is the subject of the action. amount of compensatory damages, whether economic loss’’ means subjective, nonmone- punitive damages are to be awarded for the (b) RELATIONSHIP TO STATE LAW.—This Act harm that is the subject of the action and tary loss resulting from harm, including supersedes State law only to the extent that pain, suffering, inconvenience, mental suf- the amount of the award. State law applies to an issue covered by this fering, emotional distress, loss of society and (b) INADMISSIBILITY OF EVIDENCE RELEVANT Act. Any issue (including any standard of li- companionship, loss of consortium, injury to ONLY TO A CLAIM OF PUNITIVE DAMAGES IN A ability) that is not governed by this Act reputation, and humiliation. PROCEEDING CONCERNING COMPENSATORY shall be governed by otherwise applicable (8) PERSON.—The term ‘‘person’’ means any DAMAGES.—If any party requests a separate individual, corporation, company, associa- State or Federal law. proceeding under subsection (a), in a pro- tion, firm, partnership, society, joint stock (c) EFFECT ON OTHER LAW.—Nothing in this ceeding to determine whether the claimant company, or any other entity (including any Act shall be construed to— may be awarded compensatory damages, any governmental entity). (1) waive or affect any defense of sovereign evidence, argument, or contention that is (9) PUNITIVE DAMAGES.—The term ‘‘puni- immunity asserted by any State under any relevant only to the claim of punitive dam- tive damages’’ means damages awarded law; ages, as determined by applicable State law, against any person to punish or deter that (2) supersede or alter any other Federal shall be inadmissible. person or any other person, from engaging in law; SEC. 10. LIABILITY FOR COMPENSATORY DAM- similar behavior in the future. (3) waive or affect any defense of sovereign AGES. (10) STATE.—The term ‘‘State’’ means any immunity asserted by the United States; (a) GENERAL RULE.—In any action de- State of the United States, the District of (4) affect the applicability of any provision scribed in subparagraph (A) or (B) of section Columbia, the Commonwealth of Puerto of chapter 97 of title 28, United States Code; 4(a)(1) brought against more than one de- Rico, the Northern Mariana Islands, the Vir- (5) preempt State choice-of-law rules with fendant, the liability of each defendant for gin Islands, Guam, American Samoa, and respect to claims brought by a foreign nation compensatory damages shall be determined any other territory or possession of the or a citizen of a foreign nation; in accordance with this section. United States or any political subdivision of (6) affect the right of any court to transfer (b) AMOUNT OF LIABILITY FOR COMPEN- any of the foregoing. venue or to apply the law of a foreign nation SATORY DAMAGES.— (1) IN GENERAL.—Each defendant shall be (11) VOLUNTEER SERVICE ORGANIZATION.— or to dismiss a claim of a foreign nation or The term ‘‘volunteer service organization’’ of a citizen of a foreign nation on the ground liable only for the amount of compensatory means a not-for-profit organization (other of inconvenient forum; or damages allocated by the trier of fact to the than a health care provider) organized and (7) supersede or modify any statutory or defendant in direct proportion to the per- conducted for public benefit and operated common law, including any law providing for centage of responsibility of the defendant primarily for charitable, civic, educational, an action to abate a nuisance, that author- (determined in accordance with paragraph religious, welfare, or health purposes. izes a person to institute an action for civil (2)) for the harm to the claimant with respect to which the defendant is found to be (12) VOLUNTEER SERVICES.—The term ‘‘vol- damages or civil penalties, cleanup costs, in- unteer services’’ means services provided, in junctions, restitution, cost recovery, puni- liable. The court shall render a separate good faith, without compensation or other tive damages, or any other form of relief for judgment against each defendant in an pecuniary benefit (other than reimburse- remediation of the environment (as defined amount determined pursuant to the pre- ment of expenses incurred in providing such in section 101(8) of the Comprehensive Envi- ceding sentence. services) inuring to the benefit of the service ronmental Response, Compensation, and Li- (2) PERCENTAGE OF RESPONSIBILITY.—For provider or any other person (other than the ability Act of 1980 (42 U.S.C. 9601(8)). purposes of determining the amount of com- recipient of the volunteer service), and with- pensatory damages allocated to a defendant in the scope of the official functions and du- SEC. 5. UNIFORM STANDARD FOR AWARD OF PU- under this section, the trier of fact in an ac- NITIVE DAMAGES. ties of the service provider with a volunteer tion described in subsection (a) shall deter- service organization or governmental entity. Punitive damages may, to the extent per- mine the percentage of responsibility of each person responsible for the harm to the claim- SEC. 4. APPLICABILITY. mitted by applicable State or Federal law, be awarded against a defendant if the claimant ant, without regard to whether that person (a) IN GENERAL.— is party to the action. (1) COVERED CLAIMS.—Subject to paragraph establishes by clear and convincing evidence (2), this Act governs any claim for damages that conduct carried out by the defendant By Mr. KENNEDY (for himself, in any civil action brought in any State or with a conscious, flagrant indifference to the Mr. LEAHY, Mr. DODD, Mr. Federal court in any case in which the claim rights or safety of others was the proximate relates to— cause of the harm that is the subject of the AKAKA, Mr. INOUYE, Mr. ROBB, (A) volunteer services performed by the de- action in any civil action for a claim de- Mr. LAUTENBERG, Mr. MOY- fendant for a governmental entity or a vol- scribed in subparagraph (A) or (B) of section NIHAN, Mrs. BOXER, Mr. unteer service organization; or 4(a)(1). WELLSTONE, Ms. MOSELEY-

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2791 BRAUN, Mr. HARKIN, Mr. FEIN- (B) by redesignating paragraph (4) as para- XVIII of the Social Security Act to im- GOLD, and Ms. MIKULSKI): graph (3); and prove preventive benefits under the S. 516. A bill to amend section 1977A (2) in subsection (c), by striking ‘‘section— Medicare Program. of the Revised Statutes to equalize the ’’ and all that follows through the period and inserting ‘‘section, any party may demand a S. 348 remedies available to all victims of injury trial.’’. At the request of Mr. MCCONNELL, tentional employment discrimination, f and for other purposes; to the Com- the name of the Senator from Georgia mittee on Labor and Human Resources. ADDITIONAL COSPONSORS [Mr. CLELAND] was added as a cospon- THE EQUAL REMEDIES ACT OF 1997 S. 71 sor of S. 348, a bill to amend title I of Mr. KENNEDY. Mr. President, I am At the request of Mr. DASCHLE, the the Omnibus Crime Control and Safe proud to introduce the Equal Remedies names of the Senator from Massachu- Streets Act of 1968 to encourage States Act of 1997, for myself and 13 other setts [Mr. KENNEDY] and the Senator to enact a Law Enforcement Officers’ sponsors. The purpose of our legisla- from Nebraska [Mr. KERREY] were Bill of Rights, to provide standards and tion is to end a glaring inequality in added as cosponsors of S. 71, a bill to protection for the conduct of internal the current Federal antidiscrimination amend the Fair Labor Standards Act of police investigations, and for other laws. 1938 and the Civil Rights Act of 1964 to purposes. The Civil Rights Act of 1991 gave provide more effective remedies to vic- S. 351 women, religious minorities, and dis- tims of discrimination in the payment abled persons the right to recover com- of wages on the basis of sex, and for At the request of Mrs. MURRAY, the pensatory and punitive damages for in- other purposes. names of the Senator from South Da- ASCHLE tentional employment discrimination, S. 104 kota [Mr. D ] and the Senator but only up to specified monetary lim- At the request of Mr. MURKOWSKI, the from Virginia [Mr. WARNER] were added its. By contrast, victims of such dis- names of the Senator from Michigan as cosponsors of S. 351, a bill to provide crimination on the basis of race or na- [Mr. LEVIN] and the Senator from Ne- for teacher technology training. tional origin can recover damages braska [Mr. HAGEL] were added as co- S. 352 without such limitations. sponsors of S. 104, a bill to amend the At the request of Mr. BIDEN, the The Equal Remedies Act of 1997 will Nuclear Waste Policy Act of 1982. name of the Senator from Virginia [Mr. end this double standard by removing At the request of Mr. SPECTER, his ROBB] was added as a cosponsor of S. the caps on damages for victims of in- name was added as a cosponsor of S. 352, a bill to require the U.S. Sen- tentional job discrimination on the 104, supra. tencing Commission to amend the Fed- basis of sex, religion, or disability. No S. 184 eral sentencing guidelines to provide one should be subject to second-class At the request of Mr. D’AMATO, the an enhanced penalty for follow-on remedies under our civil rights laws. name of the Senator from Alaska [Mr. bombings. Victims of discrimination who suffer MURKOWSKI] was added as a cosponsor injuries deserve a full remedy for those of S. 184, a bill to provide for adherence S. 356 injuries, without arbitrary limits. with the MacBride Principles of Eco- At the request of Mr. GRAHAM, the The caps serve no justifiable purpose. nomic Justice by United States persons name of the Senator from Illinois [Ms. The standard of proof and the defini- doing business in Northern Ireland, and MOSELEY-BRAUN] was added as a co- tion of intentional discrimination are for other purposes. sponsor of S. 356, a bill to amend the identical under the Civil Rights Act of S. 197 Internal Revenue Code of 1986, the Pub- 1991 and the longstanding race dis- At the request of Mr. ROTH, the name lic Health Service Act, the Employee crimination statute. There is no reason of the Senator from North Carolina Retirement Income Security Act of to expect significantly more litigation, [Mr. FAIRCLOTH] was added as a cospon- 1974, the titles XVIII and XIX of the or significantly larger jury awards if sor of S. 197, a bill to amend the Inter- Social Security Act to assure access to the caps are removed. nal Revenue Code of 1986 to encourage emergency medical services under For the vast majority of victims of savings and investment through indi- group health plans, health insurance intentional discrimination, the caps do vidual retirement accounts, and for coverage, and the Medicare and Med- not affect the amount of damages. But, other purposes. icaid programs. for others—victims with the most seri- S. 220 ous injuries from intentional discrimi- S. 370 At the request of Mr. GRASSLEY, the nation—the caps are an unfair barrier names of the Senator from Virginia At the request of Mr. GRASSLEY, the to recovering full damages for their in- [Mr. ROBB], the Senator from South names of the Senator from Mississippi juries. Employers who have committed Dakota [Mr. JOHNSON], the Senator [Mr. COCHRAN] and the Senator from the most outrageous acts of discrimi- from North Dakota [Mr. CONRAD], and Iowa [Mr. HARKIN] were added as co- nation will no longer be shielded from the Senator from Illinois [Ms. sponsors of S. 370, a bill to amend title full responsibility. XVIII of the Social Security Act to The double standard in current law MOSELEY-BRAUN] were added as cosponsors of S. 220, a bill to require the U.S. provide for increased Medicare reim- protects the worst lawbreakers and de- bursement for nurse practitioners and nies relief to those who have been Trade Representative to determine whether the European Union has failed clinical nurse specialists to increase harmed the most. By enacting the the delivery of health services in Equal Remedies Act of 1997, Congress to implement satisfactorily its obligations under certain trade agreements health professional shortage areas, and will be affirming the basic principle of for other purposes. equal justice for all Americans. relating to U.S. meat and pork export- Mr. President, I ask unanimous con- ing facilities, and for other purposes. S. 380 S. 269 sent that the text of the legislation At the request of Mr. DURBIN, the may be printed in the RECORD. At the request of Mr. ABRAHAM, the name of the Senator from New Jersey There being no objection, the bill was name of the Senator from Montana [Mr. TORRICELLI] was added as a co- ordered to be printed in the RECORD, as [Mr. BURNS] was added as a cosponsor sponsor of S. 380, a bill to prohibit for- follows: of S. 269, a bill to provide that the Sec- eign nationals admitted to the United S. 516 retary of the Senate and the Clerk of States under a nonimmigrant visa from Be it enacted by the Senate and House of Rep- the House of Representatives shall in- possessing a firearm. resentatives of the United States of America in clude an estimate of Federal retire- Congress assembled, ment benefits for each Member of Con- S. 385 SECTION 1. SHORT TITLE. gress in their semiannual reports, and At the request of Mr. CONRAD, the This Act may be cited as the ‘‘Equal Rem- for other purposes. name of the Senator from Illinois [Ms. edies Act of 1997’’. S. 311 MOSELEY-BRAUN] was added as a co- SEC. 2. EQUALIZATION OF REMEDIES. At the request of Mr. GRAHAM, the sponsor of S. 385, a bill to provide reim- Section 1977A of the Revised Statutes (42 U.S.C. 1981a) is amended— name of the Senator from Illinois [Ms. bursement under the Medicare Pro- (1) in subsection (b)— MOSELEY-BRAUN] was added as a co- gram for telehealth services, and for (A) by striking paragraph (3); and sponsor of S. 311, a bill to amend title other purposes.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2792 CONGRESSIONAL RECORD — SENATE April 7, 1997 S. 387 [Mr. CRAIG], and the Senator from Iowa COMMITTEE ON SMALL BUSINESS At the request of Mr. HATCH, the [Mr. GRASSLEY], were added as cospon- Mr. BOND. Mr. President, I wish to names of the Senator from Massachu- sors of Senator Joint Resolution 6, a announce that the Committee on Small setts [Mr. KERRY], the Senator from joint resolution proposing an amend- Business will hold a hearing on April Alaska [Mr. MURKOWSKI], and the Sen- ment to the Constitution of the United 10, 1997, entitled ‘‘S. 208, the HUBZone ator from Virginia [Mr. WARNER] were States to protect the rights of crime Act of 1997.’’ The hearing will begin at added as cosponsors of S. 387, a bill to victims. 9:30 a.m. in room 428A of the Russell amend the Internal Revenue Code of SENATE JOINT RESOLUTION 9 Senate Office Building. 1986 to provide equity to exports of At the request of Mr. KYL, the name For further information, please con- software. of the Senator from Oregon [Mr. SMITH] tact Paul Cooksey at 224–5175. S. 400 was added as a cosponsor of Senate COMMITTEE ON AGRICULTURE, NUTRITION, AND At the request of Mr. GRASSLEY, the Joint Resolution 9, a joint resolution FORESTRY name of the Senator from South Caro- proposing an amendment to the Con- Mr. LUGAR. Mr. President, I would lina [Mr. THURMOND] was added as a co- stitution of the United States to re- like to announce that the Senate Com- sponsor of S.400, a bill to amend rule 11 quire two-thirds majorities for increas- mittee on Agriculture, Nutrition, and of the Federal Rules of Civil Procedure, ing taxes. Forestry will hold a full committee relating to representations in court SENATE JOINT RESOLUTION 24 hearing on the nominations of Velma and sanctions for violating such rule, At the request of Mr. SARBANES, his Ann Jorgensen of Garrison, IA, to be a and for other purposes. name was added as a cosponsor of Sen- member of the Farm Credit Adminis- S. 413 ate Joint Resolution 24, a joint resolu- tration Board of Directors, and Lowell At the request of Mrs. HUTCHISON, the tion proposing an amendment to the Lee Junkins, of Waukee, IA, to be a name of the Senator from Missouri Constitution of the United States rel- member of the Federal Agricultural [Mr. BOND] was added as a cosponsor of ative to equal rights for women and Mortgage Corporation Board of Direc- S. 413, a bill to amend the Food Stamp men. tors on Thursday, April 10, 1997 at 2:30 Act of 1977 to require States to verify SENATE CONCURRENT RESOLUTION 11 p.m. in SR–328A. that prisoners are not receiving food At the request of Mr. GREGG, the COMMITTEE ON SMALL BUSINESS stamps. names of the Senator from Kentucky Mr. BOND. Mr. President, I wish to S. 419 [Mr. MCCONNELL], the Senator from In- announce that the Committee on Small At the request of Mr. BOND, the name diana [Mr. COATS], and the Senator Business will hold a markup on April of the Senator from Kentucky [Mr. from Louisiana [Mr. BREAUX], were 16, 1997, to mark up legislation pending FORD] was added as a consponsor of S. added as cosponsors of Senate Concur- before the committee. The markup will 419, a bill to provide surveillance, re- rent Resolution 11, a concurrent reso- begin at 10 a.m. in room 428A of the search, and services aimed at preven- lution recognizing the 25th anniversary Russell Senate Office Building. tion of birth defects, and for other pur- of the establishment of the first nutri- For further information, please con- poses. tion program for the elderly under the tact Paul Cooksey at 224–5175. COMMITTEE ON AGRICULTURE, NUTRITION, AND S. 460 Older Americans Act of 1965. FORESTRY At the request of Mr. BOND, the SENATE RESOLUTION 64 names of the Senator from Alabama At the request of Mr. ROBB, the Mr. LUGAR. Mr. President, I would like to announce that the Senate Com- [Mr. SHELBY] and the Senator from names of the Senator from Michigan mittee on Agriculture, Nutrition, and Maine [Ms. COLLINS] were added as co- [Mr. ABRAHAM], the Senator from sponsors of S. 460, a bill to amend the North Dakota [Mr. CONRAD], the Sen- Forestry will hold a full committee Internal Revenue Code of 1986 to in- ator from New York [Mr. D’AMATO], hearing on Thursday, April 17, 1997, at crease the deduction for health insur- the Senator from New Mexico [Mr. 9 a.m. in SR–328A. The purpose of the ance costs of self-employed individuals, DOMENICI], the Senator from North Da- hearing will be to receive testimony re- to provide clarification for the deduct- kota [Mr. DORGAN], the Senator from garding crop and revenue insurance. ibility of expenses incurred by a tax- North Carolina [Mr. FAIRCLOTH], the f Senator from California [Mrs. FEIN- payer in connection with the business AUTHORITY FOR COMMITTEE TO STEIN], the Senator from Wisconsin use of the home, to clarify the stand- MEET ards used for determining that certain [Mr. FEINGOLD], the Senator from individuals are not employees, and for North Carolina [Mr. HELMS], the Sen- COMMITTEE ON GOVERNMENTAL AFFAIRS other purposes. ator from South Carolina [Mr. HOL- Mr. NICKLES. Mr. President, I ask LINGS], the Senator from Idaho [Mr. unanimous consent on behalf of the S. 466 KEMPTHORNE], the Senator from Massa- Governmental Affairs Committee to At the request of Mr. LAUTENBERG, chusetts [Mr. KENNEDY], the Senator meet on Monday, April 7, at 2 p.m. for the name of the Senator from Cali- from Wisconsin [Mr. KOHL], the Sen- a nomination hearing on James B. fornia [Mrs. BOXER] was added as a co- ator from Michigan [Mr. LEVIN], the King, to be Director, Office of Per- sponsor of S. 466, a bill to reduce gun Senator from New Hampshire [Mr. sonnel Management. trafficking by prohibiting bulk pur- SMITH], and the Senator from Virginia The PRESIDING OFFICER. Without chases of handguns. [Mr. WARNER] were added as cosponsors objection, it is so ordered. S. 502 of Senate Resolution 64, a resolution to f At the request of Mr. GRASSLEY, the designate the week of May 4, 1997, as names of the Senator from Florida [Mr. ‘‘National Correctional Officers and ADDITIONAL STATEMENTS GRAHAM] and the Senator from Wash- Employees Week.’’ ington [Mrs. MURRAY] were added as f cosponsors of S. 502, a bill to amend HAROLD E. STASSEN CELEBRATES title XIX of the Social Security Act to NOTICE OF HEARINGS HIS 90TH BIRTHDAY provide post-eligibility treatment of COMMITTEE ON INDIAN AFFAIRS ∑ Mr. WELLSTONE. Mr. President, I certain payments received under a De- Mr. CAMPBELL. Mr. President, I rise to pay tribute to Harold Edward partment of Veterans Affairs pension would like to announce that the Senate Stassen who will be celebrating his or compensation program. Committee on Indian Affairs will meet 90th birthday on April 13, 1997. Harold SENATE JOINT RESOLUTION 6 on Tuesday, April 8, 1997, at 9:30 a.m. in Stassen has an outstanding record of At the request of Mr. KYL, the names room 485, Russell Senate Building to public and military service to America. of the Senator from Ohio [Mr. DEWINE], conduct an oversight hearing on issues There is no question that his unique the Senator from Georgia [Mr. COVER- of juvenile justice in Indian country. contributions have left a lasting im- DELL], the Senator from Virginia [Mr. Those wishing additional information pression on not only the history of his WARNER], the Senator from Colorado should contact the Committee on In- home State and his country, but at an [Mr. ALLARD], the Senator from Idaho dian Affairs at 224–2251. international level as well.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2793 In 1938, at the age of 31, Harold Stas- has represented our democratic be- sel, and tireless effort. His contribu- sen was elected Governor of Minnesota lieves and methods of a free market tions to legislation on American for- and remained our Nation’s youngest economy. eign policy have been numerous, in- Governor until 1943. He then resigned His outstanding patriotic engage- cluding his original drafts of laws rang- to accept a commission in the U.S. ment provides active assistance for ing from Israeli loan guarantees to the Navy where he attained the rank of people in need and helps build strong creation of the Development Fund for captain during World War II. He also ties of trust and respect between Rus- Africa. On foreign operations matters, won the Legion of Merit, three other sia and America. George’s mission aids Jim Bond has been the key liaison with decorations, and was awarded six major to end the cycle of dependency on for- Members of the House of Representa- battle stars. Moreover, he was person- eign assistance. tives; officials within the Department ally responsible for freeing thousands I commend George for his dedicated of State, the Agency for International of American prisoners of war in Japan service and I am proud to represent Development, the Export-Import Bank, shortly before that country’s sur- him in the U.S. Senate.∑ the Overseas Private Investment Cor- render. f poration, the Trade and Development Although Mr. Stassen also served as Agency, and other agencies of the U.S. TRIBUTE TO ROLLAND LOWE, M.D. a key adviser in a variety of influential Government; as well as international posts throughout the Eisenhower ad- ∑ Mrs. BOXER. Mr. President, I rise organizations, including multilateral ministration, he will be best remem- today to pay tribute to Rolland Lowe, development banks and U.N. agencies; bered for his service under President M.D., who was installed on March 24 as and public interest groups. Mr. Presi- Franklin D. Roosevelt. At the Presi- the 132d president of the California dent, the breadth of his grasp and the dent’s personal request, Harold Stassen Medical Association, the largest State depth of his understanding of the proc- served on the American delegation to medical association. He is the first ess and the issues is unparalleled; he the 1945 San Francisco Conference that Asian-American president in its his- will be sorely missed. founded the United Nations. Indeed, he tory and has earned my admiration on Prior to his service with the Sub- is now the only living American who both a personal and professional level. committee on Foreign Operations, Mr. drafted, negotiated, and signed the Dr. Lowe has built an extraordinary Bond worked as the minority staff di- original U.N. Charter. Moreover, Mr. list of achievements throughout his ca- rector for the Subcommittee on HUD Stassen has maintained a dedicated, reer. He has served as the chief of sur- and Space Science, Subcommittee on passionate interest in the U.N. since its gery and chief of staff at the Chinese Agriculture, Subcommittee on Public founding—educating the American pub- Hospital in San Francisco, working to Works, and the Subcommittee on the lic about the United Nations, and striv- ensure high-quality health care for Interior. He also served on the staff of ing to make the organization more ef- low-income immigrants. He currently our former colleague, Milton Young, as fective. holds a position as a member on the a legislative assistant. After 25 years of Harold Stassen is celebrating his 90th board of trustees for the hospital and is work in the Senate, I know that he is birthday just 2 years after we cele- the former chair. highly respected by staff and Senators brated the 50th anniversary of the Dr. Lowe has served as president of alike. I and many of my colleagues are United Nations. On April 13, numerous the San Francisco Medical Society in proud to call him our friend. Mr. Presi- national and State officials, including addition to serving on the California dent, a man who is called friend by PAT former Vice President and United Medical Association’s board of trustees LEAHY and Jake Garn, by MITCH States Ambassador to Japan Walter since 1987. MCCONNELL and Mac Mathias, by TED Mondale, will come to St. Paul, MN, to In addition to distinguishing himself STEVENS and Howard Metzenbaum— honor Mr. Stassen. in his career, Dr. Lowe has been a role such a man is remarkable indeed. As Harold Stassen commemorates model for the community through his Mr. Bond’s public service is not lim- this significant milestone it is indeed philanthropic work and community ac- ited to his work with the Senate. For an honor for me to join with his fam- tivism. He serves on dozens of the several years, he has been an adjunct ily, friends, and colleagues in con- boards of organizations. He also has professor at Georgetown University, veying my warmest birthday wishes to founded and currently is the chair of teaching a course on the appropria- this remarkable American and fellow the Lawrence Choy Lowe Memorial tions process in the Graduate Public Minnesotan who has such a proud and Fund in Chinatown. Policy Program, as well as lecturing at exceptional record of distinguished I ask my colleagues to join me in rec- Marquette University’s Les Aspin cen- public service.∑ ognizing Dr. Lowe for his commitment ter and the American University’s f to the people of San Francisco and con- Washington Semester. Through his gratulating him on this achievement.∑ teaching, Mr. Bond shares his knowl- TRIBUTE TO GEORGE R. f edge and experience with America’s fu- ROORBACH ture leaders. ∑ Mr. SMITH of New Hampshire. Mr. TRIBUTE TO JAMES D. BOND Jim Bond began his service to our President, I rise today to pay tribute ∑ Mr. INOUYE. Mr. President, today, it country during the Vietnam war, when to George Roorbach of Franconia, NH, is with great pleasure and apprecia- he served in the infantry with the 101st former president of Crown Worsted tion, mixed with a certain measure of Airborne Division, 327th Infantry Bat- Mills, for his outstanding service as a sadness, that I rise to recognize and talion. For his service and heroism, he volunteer executive in Krasnodar, Rus- pay tribute to Mr. James D. Bond on was awarded the Bronze Star and Com- sia. the occasion of his retirement from a bat Infantryman’s Badge. George worked on a volunteer mis- long and distinguished career on the Mr. President, Jim Bond has served sion with the International Executive staff of the Senate Committee on Ap- this institution with honor and convic- Service Corps, a nonprofit organization propriations. tion. He has served the citizens for which sends retired Americans to as- For the past 20 years, Mr. Bond has whom we all work in an exemplary sist businesses and private enterprises served the Senate on the staff of the fashion. Our work has been enhanced in the developing countries and the Subcommittee on Foreign Operations, by his contributions. I am confident new emerging democracies of Central Export Financing, and Related Agen- that Mr. Bond will continue his com- and Eastern Europe and the former So- cies as either the clerk or the minority mitment to American government and viet Union. staff director. Throughout this time, will utilize his knowledge and experi- George helped provide managerial his expertise and leadership have prov- ence toward the betterment of our for- and technical assistance to improve en invaluable to the committee’s work eign policy and trade relations. I am the lives of people in Krasnodar, Rus- on appropriations and oversight of the sure he will continue his humanitarian sia. He assisted Kubantex, a wool fabric economic and military assistance pro- work for the poor of the world. I know manufacturer, to set up a business, grams of the United States. Senators he will continue his efforts to sustain marketing and financial plan. George on both sides of the aisle are indebted American prosperity in an era of in- was ambassador for our country and to him for his sage advice, honest coun- creased competition.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2794 CONGRESSIONAL RECORD — SENATE April 7, 1997 Mr. President, I wish Jim Bond well dental supplies. In the end, the team sewage. He was sick from an infection. as he leaves the Senate. I know our had so many supplies that they even Twice during the next 2 days, Marianne paths will cross again and I will wel- had difficulty getting the large, over- treated the little boy for the terrible come him. I ask my colleagues to join stuffed suitcases of supplies through infection that had spread through his me in honoring Mr. Bond for his service customs with the local officials at the body. The medical team was very con- and congratulating him on his retire- Puerta Plata Airport in the Dominican cerned that he would not be able to ment from the staff of the U.S. Senate. Republic. fight off the infection until Tuesday Aloha Jim.∑ Five of the volunteers—Mark, Jack, morning when Marianne could hook f Doug Tabor, Don Gagne, and Claire him up to an IV. They had witnessed Roberge—made up the first team to ar- their worst fear—a dying child. TRIBUTE TO THE 16 DEDICATED rive. During their first 3 days, the team Just 2 days later in the morning, as NEW HAMPSHIRE VOLUNTEERS made daily trips to a small church in the medical team had just set up a sec- OF THE DOMINICAN REPUBLIC Moca where they worked tirelessly un- ond clinic in Moca, the little boy made MEDICAL MISSION TEAM packing bulky dental equipment that an appearance. He walked into the clin- ∑ Mr. SMITH of New Hampshire. Mr. had been shipped separately in a crate ic with his mother following behind. President, I rise today to pay tribute from New Hampshire. I was honored to Upon seeing the phenomenal progress to 16 dedicated volunteers from New have helped get this crate shipped to the little boy had made, the entire Hampshire who willingly devoted the Dominican Republic after the team medical team began clapping exu- countless hours and tremendous energy asked for my assistance. berantly. Soon the clapping changed to to provide free medical and dental care In addition to numerous other tasks, cheers and words of relief that echoed to the people of the Dominican Repub- Jack and Mark set up the portable den- their greatest feeling of accomplish- lic. Last month, the volunteers of the tal units making certain the air and ment—saving a life. I was very im- Medical Mission Team traveled to the water pumps worked on the dental pressed with this story, relayed to me Dominican Republic where they oper- units while Don, Claire, and Doug con- by one of my staffers, Anna Matz, who ated free medical and dental clinics for structed a stand for the indispensable volunteered her time to participate in a week and treated numerous people dental light. Doug’s construction ex- the mission. who normally cannot afford medical pertise was very helpful, Jack and For a over a week, these New Hamp- care. I commend all 16 volunteers for Mark demonstrated their engineering shire volunteers poured endless energy their genuine concern and true com- brilliance in building equipment, and into helping the many Dominicans that mitment to such an honorable cause. I Claire and Don were energetic and ventured into the clinics. Their work am very proud of their unending sup- happy to do even the most mundane was exhausting but very fulfilling. To- port for the needy people of the Domin- tasks. All five volunteers worked until ward the end of the week, the dental ican Republic. they were exhausted to ensure the and medical clinics became mobile and Months of careful planning and prep- equipment would run efficiently when operated in neighborhoods where chil- aration allowed the Medical Mission used for the clinics the following week. dren and families were the most sick. Team to venture into different areas of The remaining team members ar- At one point, the medical team went the Dominican Republic to treat a va- rived on Friday, February 21, bringing into a barrio, a very poor neighbor- riety of patients. The team members more medical supplies, and helped hood, and knocked on each door asking included: Dr. Mark McDonald; his wife, make the final preparations for the if any family members needed medical Ruth; and daughter, Jill; Jack long-awaited clinics. care. Meibaum; his wife, Joanne Parkington; For an entire week, the medical and While the 16 New Hampshire volun- and son, David Parkington; Dr. dental teams treated the needs of nu- teers worked day after day, several Marianne Hopkins; and her husband, merous Dominican patients. Jack American missionaries and a few na- Dr. Andrew Hopkins; Werner Muller; cleaned teeth for hours, Mark and Don tive Dominicans provided support and and David Gabrielli, all from Concord; filled cavities, and Jill, Lisa, and David assistance. Paul and Eileen Allyn, Claire Roberge, of Epsom; Don Gagne, sterilized dental equipment and devel- American missionaries in Santa Do- of Penacook; Doug Tabor, of Boscawen; oped dental x rays. At the medical clin- mingo, oversaw the teams’ every need Gordon Barrett, of West Swanzey; and ic locations, Marianne, a pediatrician, with Marge and John Gudmunsun, other missionaries. Denny, Rafael, and Lisa Ann Wiener and George Rogers, and her husband, Andrew, who is also a Vladimir, young Dominican men, ac- both from Bow. doctor, treated endless lines of needy companied the team as translators and Prior to the February mission trip, patients rarely taking a break even for provided an occasional laugh. the volunteers met regularly in the lunch. Mothers came in with babies Many Dominicans, for whom pain is a evenings to learn minor medical care, that had parasites, an elderly man way of life, got a little relief last repair pieces of dental equipment, complained of arthritis, a young boy’s month as these dedicated New Hamp- build specially designed dental units, cut and infected feet were cleaned, two shire citizens gave their time, devotion and plan the details of the clinics. Jack little girls were treated for asthma, and compassion to the needy people of Meibaum, a contractor; Dr. Mark and other sick Dominicans asked for this Caribbean island. I am proud of McDonald, a Concord dentist; and oth- assistance. Joanne, Claire, Werner, and their work and congratulate them on a ers salvaged old dental equipment and George worked quickly to compile each job well done. They truly embody the spent many hours in their basements patient’s medical history and check real spirit of voluntarism, and I am updating and improving the equipment their temperature and blood pressure. proud and honored to represent them for the medical work they would per- The medical team had prepared so in the U.S. Senate.∑ form. thoroughly that they even brought After discussing the trip with New preprinted medical charts. Lisa, Jill, f Hampshire businesses and organiza- David, and Ruth performed a puppet TRIBUTE TO BERNARD NEVILLE tions, and several pharmaceutical com- show for the waiting children and Gor- ∑ Mr. DODD. Mr. President, I rise panies, Jack and Mark solicited crit- don, a professional photographer, docu- today to pay tribute to a true public ical donations for the trip. The Bow mented everyone’s efforts. The demand servant and a dear friend, Bernard Nev- Rotary Club donated funds for a dental for dental and medical care was truly ille of Cromwell, CT. equipment compressor, A & B Lumber overwhelming. The team worked long Bernie was honored this past Satur- in Concord sold the compressor to the hours each day to ease the pain and day as the Democrat of the Year by the team at cost, and the Concord Tire Co. anxiety of so many people. Cromwell Democratic Town Com- generously gave donated money for On the first day of the medical clinic, mittee, for his nearly 25 years of serv- medical and dental supplies. Siemens a young woman came in with her very ice as Cromwell’s town clerk and treas- X-ray Co. also donated a portable den- sick 2-year-old boy. According to his urer. I join all the residents of Crom- tal x-ray machine and numerous na- mother, the little boy had cut his head well in congratulating and honoring tional pharmaceutical companies pro- while playing in one of the typically Bernie on his impressive record of vided free or discounted medical and filthy ditches that carried trash and achievement.

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2795 Over the past 30 years, Bernie has trict chair, and coordinating cam- Jones Act would do well to read this also been a loyal and faithful Demo- paigns from the local to the national article. It explains just how poorly crat. He’s not only served as chairman levels. One of her proudest achieve- thought out and unfair such actions of the town committee, but several ments was serving as Upper Peninsula would be. times worked as cocoordinator of Con- Representative for U.S. Senator Phil Mr. President, I request that the full gresswoman BARBARA KENNELLY’s elec- Hart, who was renowned as the ‘‘context of the article be printed in the tion campaign. Most of all, he s been science of the Senate.’’ She continued RECORD. an invaluable asset in energizing and her service in Senator Don Riegle’s The article follows: registering Democratic voters. U.P. office. From 1982 to 1991 she served DISSECTING THE JONES ACT The fact is, public servants like Ber- on the Marquette County Board of (By Warren L. Dean) nard Neville serve as the backbone of Commissioners where she fought for Congress is facing an old and tired issue our democracy. They don’t receive economic development, mental health this year—the Jones Act Reform Coalition’s much attention, but they are truly an and services for seniors. She served on clamor to ‘‘deregulate’’ domestic deep-water essential element of our representative the Michigan Women’s Commission for transportation services by repealing the Jones Act. This putative controversy speaks government. 6 years, during which time she pio- volumes about how poorly Washington un- You don’t often see them on Sunday neered legislation that allowed the derstands what it is doing. talk shows or on the front page of the Friend of the Court’s office to garnish The Jones Act reserves for qualified U.S. New York Times, Washington Post, or wages for child support. Most of our corporations the right to carry domestic wa- Hartford Courant. They’re not much Nation now has similar legislation. terborne cargoes of the United States. The interested in partisanship or political Geri was a founder and longtime coalition wants to allow foreign-flag vessels maneuvering. But, on a local level they board member of the Marquette Wom- to carry cargoes between points in the ensure that public services are pro- en’s Center. She continued her interest United States, such as New York and Miami. Those vessels, however, do not operate sub- vided and local tax dollars are spent in and support of labor issues and was ject to U.S. law—and would not, under the wisely. inducted into the U.P. Labor Hall of coalition’s proposals. For the past 25 years, Bernie ensured Fame this past September for her In an effort to keep the Jones Act Reform that town elections ran smoothly, cit- many efforts. She was deeply com- Coalition from wasting its members’ money, izen petitions and lawsuits were filed mitted to equality and justice. Geri and to help the U.S. government understand correctly, local funds were shrewdly in- was also a friend, mentor, and role- the difference between trade in goods and vested and Cromwell’s government was trade in services, I will offer a few thoughts. model to countless people over the First, the Jones Act regulates domestic working for the benefit of its citizens. years. transportation services. Companies in those In that time, he’s done his job with Geri’s family was always very impor- industries pay U.S. income and excise taxes, professionalism, integrity, and a strong tant to her and a source of joy and employ workers who pay taxes, comply with commitment to serving the people of pride. She was married to Probate fair labor standards and other employment Cromwell. Judge Michael DeFant from 1952 until laws, meet environmental and safety re- I congratulate and thank him for his his death. They had three children, quirements and face tort and other liabil- efforts. David, Dan, and Miriam, who survive ities. I am also pleased to note that even at Foreign companies that get involved in her. Her warmth, humor, and dedica- U.S. markets usually do so through U.S. af- 83 years young, he plans to continue tion will be greatly missed by those of filiates established for that purpose. What working toward his degree at Trinity us who had the privilege to know Geri. the reform coalition is pushing, however, is College, where he is majoring in his- I know my Senate colleagues join me permission for foreign flag-of-convenience tory. I wish Bernie the best of luck in in honoring this exceptional woman.∑ operators to participate in domestic interstate commerce, while taking a pass on as all his future endeavors and congratu- f late him again on this wonderful many of the laws applicable to domestic honor.∑ ‘‘DISECTING THE JONES ACT’’ commerce as possible. ∑ Mr. INOUYE. Mr. President, I rise Just repealing the Jones Act won’t do the f job, however. What the Jones Act reform co- today to call the attention of my col- TRIBUTE TO GERALDINE DEFANT alition is really advocating is a repeal of a leagues to an excellent article by War- variety of U.S. tax and labor laws that are at ∑ Mr. LEVIN. Mr. President, I rise ren Dean that appeared in the March the heart of the U.S. economy. today to honor my good friend Geral- 11, 1997 edition of the Journal of Com- Under international law, the applicable dine DeFant, a visionary leader, who merce, which so eloquently states the law on a vessel is that of the ship’s registry. recently passed away. In her 79 years, reasons why it would be foolish to So, for example, to allow foreign seamen she worked tirelessly to help others, weaken or repeal the Jones Act. working for foreign-flag operators to work in especially her fellow citizens of Michi- I am a longstanding supporter of the U.S. interstate transportation, we would have to waive our tax, immigration, min- gan’s Upper Peninsula. Her accomplish- Jones Act and of the American-flag imum wage, collective bargaining, workplace ments have established her as a legend Merchant Marine. But it is important safety and unemployment laws, among oth- among Upper Peninsula labor, polit- for those Members who are less famil- ers. We would have to pre-empt state laws in ical, and social leaders. She came to iar with the Merchant Marine to con- these areas as well. Marquette County in 1949 to organize sider Mr. Dean’s article. Mr. Dean is a Admittedly, some laws—particularly in the the employees of the H.W. Gossard fac- senior partner in a Washington law environmental area—currently apply to both tory in Ishpeming for the International firm, and an adjunct professor of trans- U.S. and foreign-flag vessels, and would continue to do so under the coalition’s proposal. Ladies Garment Workers Union. She portation law at Georgetown Univer- But what’s really going on here is that the guided the women employees of the sity Law Center. coalition is out to create a whole new list of factory through a landmark strike that In his column, Mr. Dean spells out economic preferences—in effect, subsidies— energized the local labor movement clearly and succinctly the reasons for foreign-flag vessels to ‘‘compete’’ in our and was the first strike in the Upper America stands to lose if foreign-flag domestic commerce. Peninsula at a plant with primarily ships and foreign crews are allowed to The only reason that other domestic trans- women workers. The organization of take over our domestic waterborne portation industries have not yet objected to this nonsense is that they aren’t persuaded this plant had wage implications for commerce, and why it would be unfair that anyone in Washington is that stupid. union plants throughout the Nation. In not only to America’s maritime indus- Their confidence may be misplaced. There addition to organizing the union at try but also to our trucking, rail, and actually is a federal agency that spent tax- this plant, she established a kitchen pipeline industries as well. If the Jones payer’s money to publish a report in 1993 and strike fund for them and classes on Act is eliminated, all these industries proving that it doesn’t have the foggiest idea labor history. This was only the begin- would have to abide by U.S. laws and where its money comes from. It’s the U.S. ning of her efforts to improve the lives regulations, and pay U.S. taxes, while International Trade Commission, which in- their foreign competitors in our Na- vestigates allegations of damage to U.S. in- of workers and their families in the dustries caused by trade. area. tion’s domestic market would not. The ITC report estimated that ‘‘the econ- Geri was also a longtime activist in Those who claim they want to deregu- omy-wide effect of removing the Jones Act is the Democratic party, serving as dis- late domestic shipping and reform the an economic welfare gain to the economy of

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2796 CONGRESSIONAL RECORD — SENATE April 7, 1997 approximately $3.1 billion.’’ The ITC’s main Richard has dedicated his time, tal- documenting and celebrating the Afri- source for this conclusion was its own 1991 ent, and energy to serving the resi- can-American experience. It is led by study that found the 1989 cost to the econ- dents of Ossipee in an exemplary way. Kimberley Camp, who was the first Af- omy of the Jones Act ranged from $3.6 billion As a fellow Carroll County resident, I rican-American gallery director in the to $9.8 billion. The ITC staff developed these estimates by am proud to honor Richard Morgan’s history of the Smithsonian Institute. figuring the difference between U.S. and outstanding community commitment Under Dr. Camp’s leadership, the mu- world shipping rates, and saying the higher which is so important to the future and seum is poised to become a destination U.S. costs are a sort of ‘‘tariff’’ charged to prosperity of Center Ossipee. We are infor tourists and researchers from shippers using Jones Act vessels. deed indebted to him for his efforts. around the country. The Detroit News But the flaw in the ITC’s analysis is that it Congratulations to Richard on this dis- recently reported that, ‘‘Camp wants took the rates charged by foreign-flag opera- tinguished recognition. I am honored every visitor’s experience to be per- tors using ‘‘flag of convenience’’ registry in sonal. Some may be moved by the re- countries such as Panama, Liberia or the Ba- to represent him in the U.S. Senate.∑ ality of slave sleeping quarters and hamas. Those nations have either non- f existent or very low rates of taxation and pieces of a slave ship. Others may be regulation. JACK THOMPSON enchanted by an exhibit on quilting, an The ITC then concluded that shippers ∑ Mr. LEVIN. Mr. President, I rise African-American tradition. Still oth- could obtain world-rate savings in the water- today to pay tribute to a constituent, a ers may appreciate an Africa exhibit borne domestic commerce of the United friend, a leader, and a great American. that opens in June, exploring the con- States by allowing in competitors who are tinent’s diversity.’’ free of the burdens of U.S. taxation and regu- Jack Thompson recently retired from the Monroe Auto Equipment Co. in The museum was designed by promi- lation, and who could compete with land and nent Detroit architects Howard Sims air modes of transportation that are subject Michigan after a long and legendary to U.S. regulation and taxation. That career that is the embodiment of the and Harold Varner, of Sims-Varner and premise is, of course, fatally flawed as a mat- American dream. Associates, Inc. Using contemporary ter of law and policy. Jack started working at Ford Motor building materials, Mr. Sims and Mr. The ITC doesn’t understand the difference Co. in 1957. He later rose from the fac- Varner created a building thoroughly between importing shoes and importing tory floor to lead a billion-dollar auto- American in design, but with signifi- transportation services. With shoes, the pro- cant accents which evoke African cul- ducer’s costs, including associated tax and motive supply company. Along the way, Jack demonstrated what it is to ture and traditions. Two Detroit art- regulatory burdens, are incurred in the exists, Richard Bennett and Hubert porting state. be not only a great leader, but a great With most services, the producer’s costs, human being. Jack’s respect for the Massey, created the most striking of including associated tax and regulatory bur- people working the floor drove his these accents. Mr. Bennett’s massive dens, are incurred in the importing state. manufacturing philosophy throughout African-style masks adorn the facade But the reform coalition wants to change his career. His experiences gave him a above the bronze front doors, which he that with respect to domestic maritime lifelong respect and admiration for also created. Mr. Massey’s terrazzo tile transportation, and preserve the law of the mosaic, ‘‘Genealogy,’’ is interwoven these workers, who are the keystone of flag of registry. with the floor in the rotunda. Crowning The reason is simple: If U.S. tax and regu- success for any company. the rotunda is a glass and steel dome, latory costs were extended to all competitors Jack never measured success by a the largest dome in southeastern in domestic trades, whether U.S. or foreign better title, a bigger office, or higher flag, then the savings to shippers from re- Michigan. profits. Jack’s success was measured The central display in the museum pealing the Jones Act would range from $0 to by the success of his workers, whom he nearly $0—setting aside the separate cost of will be the core exhibition, ‘‘Of the continuously cheered on and chal- building vessels in U.S. yards. people: An African-American experi- There’s not much fuel for reform there.∑ lenged. He has always been his workers ence.’’ This exhibition will use histor- f biggest champion. A telling example of ical artifacts, audio recordings, docu- Jack’s leadership qualities came in 1986 TRIBUTE TO RICHARD MORGAN ON ments, and three-dimensional displays when Jack received the Monroe Man- to take visitors through the totality of BEING NAMED THE CENTER agement Club’s first Manager of the OSSIPEE CITIZEN OF THE YEAR the African-American experience, from Year Award. Voted by Jack’s subordi- the first slave ships through the ∑ Mr. SMITH of New Hampshire. Mr. nates, peers, and superiors, the award present day. Displays will also put into President, I rise today to congratulate recognized his excellence in not only context the importance of African tra- Richard Morgan, chief of police of what he accomplished, but also how he ditions in historical and modern Amer- Ossipee, NH, on being named the Cen- accomplished it. ican culture. Two additional galleries ter Ossipee’s Citizen of the Year. I com- Twenty years ago, Jack put together will be used for new and changing ex- mend his outstanding community in- a 10-point operating philosophy that he hibits. volvement, and congratulate him on used and taught others. The first point The men and women of the new Mu- this well-deserved honor. on that list says a lot about how Jack seum of African-American History are Richard’s commitment to his com- approached business and life. It simply committed to creating an institution munity is outstanding. He volunteers said, ‘‘be completely honest.’’ That’s which is truly a partner in the commu- as a community member of the Domes- just one of the qualities that have nity. To that end, the museum will tic Violence Committee, as a moder- made Jack a shining example to his offer a lecture series, after-school pro- ator for the Central Ossipee’s Fire Pre- workers, friends, and neighbors. grams for Detroit children, weekend cinct, and as a community member on I know my Senate colleagues join me workshops for children and adults and the board for Lakeview in honoring Jack Thompson on his out- theatrical arts programs. Neurorehabilitation Center. Richard standing career.∑ The Museum never would have been also volunteered to chair the annual f built without the leadership of two re- Ossipee Old Home Week. He is a Carroll markable mayors, Coleman Young and MUSEUM OF AFRICAN AMERICAN County representative to executive Dennis Archer, and without the finan- HISTORY board of New Hampshire Association cial support of the residents of Detroit Chiefs of Police, and president of the ∑ Mr. LEVIN. Mr President, I would and the corporate community. All of Carroll County Chiefs of Police. like to make my colleagues aware of them came together and pledged their Many know Richard as always will- an important event taking place in my support for what will be the finest in- ing to take responsibility, whether to home city of Detroit, MI—the opening stitution of its kind in the country. chair the Ossipee Rescue Advisory of the new Museum of African-Amer- At the museum’s grand opening on Board, help organize and run the first ican History. The museum is unique in April 12, the U.S. Postal Service will annual winter carnival, or organize the its size, scope and mission. unveil the winning design for the first annual fishing derby, and Safe Haven Located in Detroit’s Cultural Center, stamp celebrating Kwanzaa. The Homes for kids in town. Whatever he the 120,000 square foot Museum of Afri- Kwanzaa stamp, which has been de- commits to, he always does the job can-American History is the largest signed by the internationally ac- well. museum in the Nation dedicated to claimed artist Synthia Saint James,

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will highlight the importance of Afri- to Public Law 104–4, the letter contains By fiscal years, in millions of dollars can traditions in the lives of so many the opinion of the Congressional Budg- 1997 1998 1999 2000 2001 2002 Americans. Ms. Saint James is an ac- et Office regarding whether S. 104 con- complished author, poet, and award- tains intergovernmental mandates as SPENDING SUBJECT TO APPROPRIATION Spending Under winning illustrator of books for chil- defined in that act. I respectfully re- Current Law: dren and adults. She has previously quest that the opinion of the Congres- Budget authority 1 ...... 382 0 0 0 0 0 been commissioned to create works of sional Budget Office be printed in the Estimated out- art for organizations like UNICEF, RECORD. lays ...... 375 38 0 0 0 0 Proposed Changes: Dance Africa and the Girl Scouts of The opinion follows: Authorization America. U.S. CONGRESS, level ...... 0 555 1,000 940 855 640 Mr. President, it is important that Estimated out- CONGRESSIONAL BUDGET OFFICE, lays ...... 15 490 782 894 917 751 we recognize the incredible contribu- Washington, DC, March 21, 1997. Spending Under S. tions African-Americans have made to Hon. FRANK H. MURKOWSKI, 104: Authorization our nation’s cultural heritage. People Chairman, Committee on Energy and Natural Level 1 ...... 382 555 1,000 940 855 640 of all races will learn and be touched Resources, U.S. Senate, Washington, DC. Estimated Out- by their experience at Detroit’s Mu- DEAR MR. CHAIRMAN: The Congressional lays ...... 390 528 782 894 917 751 seum of African-American History. On Budget Office has prepared the enclosed cost CHANGES IN DIRECT SPENDING estimate for S. 104, the Nuclear Waste Policy Estimated budget the occasion of the museum’s grand Act of 1997. authority ...... 0 0 0 0 0 ¥2,700 Estimated outlays.. 0 0 0 0 0 ¥2,700 opening, I know my colleagues join me If you wish further details on this esti- in congratulating the men and women mate, we will be pleased to provide them. 1 The 1997 level is the amount appropriated for that year. who helped make this remarkable in- The CBO staff contact is Kim Cawley. stitution a reality. ∑ Sincerely, The costs of this legislation fall within budget functions 050 (defense) and 270 (en- f JUNE E. O’NEILL, Director. ergy). ARLYNE BOCHNEK Enclosure. Basis of estimate: This estimate is based ∑ Mr. LEVIN. Mr. President, I rise CONGRESSIONAL BUDGET OFFICE COST ESTIMATE on DOE’s program plan issued on May 6, 1996, today to recognize the achievements of and on information from the department S. 104—Nuclear Waste Policy Act of 1997 concerning the costs of an interim storage Arlyne Bochnek, who is retiring from Summary: S. 104 would amend the Nuclear facility. For purposes of the estimate, CBO her position as regional director of the Waste Policy Act by directing the Depart- assumes that S. 104 will be enacted by July central region United Synagogue ment of Energy (DOE) to begin storing spent 1, 1997, and that the department will proceed Youth. In her 9-year career with cen- nuclear fuel and high-level nuclear waste at to develop an interim storage facility in Ne- tral region USY, Mrs. Bochnek has pro- an interim facility in Nevada no later than vada to accept waste beginning in fiscal year vided leadership and guidance to nu- November 30, 1999. The bill would direct DOE 2000, as authorized by the bill. We assume merous young people in Michigan, Indi- to continue site characterization activities that following the assessment of the viabil- at the proposed permanent repository site at ana, Ohio, Kentucky, West Virginia, ity of the Yucca Mountain site as a perma- Yucca Mountain, also in Nevada. Title IV nent waste repository, DOE would apply for and western Pennsylvania. would modify how the nuclear waste pro- a license from the Nuclear Regulatory Com- Mrs. Bochnek has been deeply de- gram is funded after 2002. mission (NRC) to construct a permanent nu- voted to her organization and the teen- Assuming appropriation of the necessary clear waste repository there in 2002, as de- agers who make up its membership. amounts, CBO estimates that implementing tailed in the May 6, 1996, nuclear waste pro- She planned activities that encouraged S. 104 would cost about $4 billion over the gram plan. 1997–2002 period. (The increase in 1997 spend- young people to put their religious Spending subject to appropriation faith into action by giving back to ing only would be about $15 million.) In addi- their communities. Under her direction, enacting the bill would affect direct Yucca Mountain. S. 104 would direct DOE spending—but not until 2002. Because S. 104 to proceed with its Civilian Radioactive tion, teenagers throughout the Mid- would not affect direct spending or receipts west have painted inner-city churches, Waste Management Program Plan of May in either 1997 or 1998, pay-as-you-go proce- 1996. This plan calls for continuing with the volunteered at schools for the blind dures would not apply. evaluation of the Yucca Mountain, Nevada and homes for the elderly, and spent The state of Nevada and localities in the site as a permanent repository for nuclear days cleaning up the environment. In state would incur some additional costs as a waste, and applying for a license from the addition, central region USY raises result of this bill, but CBO is unsure whether NRC to construct a repository in 2002, if the money to support charities in the the provisions causing those costs would be site appears to be viable for this use. Based considered intergovernmental mandates, as on information from DOE, we estimate this United States, Europe, and Israel. This defined in the Unfunded Mandates Reform year, with Mrs. Bochnek’s guidance, effort would cost about $330 million annually Act of 1995 (UMRA). We estimate that the over the 1998–2002 period. the teenagers of central region USY ex- costs incurred by state and local govern- pect to raise $17,000. ments would total significantly less than the Interim Storage Facility. The bill would Arlyne Bochnek has been a powerful, threshold established in the law. (UMRA set require DOE to design and develop an in- positive influence in the lives of so a threshold of $50 million for 1996, adjusted terim nuclear waste storage facility at the annually for inflation). Nevada test site. Based on information from many young people over the past 9 DOE, we estimate the total costs of building, years. Her commitment to improving CBO estimates that S. 104 contains private- sector mandates that exceed the $100 million operating, and transporting nuclear waste to our communities and helping young threshold identified in UMRA. the Nevada facility would be about $2.3 bil- people recognize the importance of vol- Estimated cost to the Federal Govern- lion over the 1997–2002 period, including $85 untarism should serve as an inspiration ment: The estimated budgetary impact of S. million appropriated in 1996. Spending from to us all. I know my colleagues join me 104 over the next five years is shown in the the existing $85 million appropriation was in expressing my appreciation and table below. CBO estimates that building and made contingent upon enactment of an au- operating an interim storage facility and thorization of an interim nuclear waste re- gratitude to Arlyne Bochnek on the oc- pository, such as S. 104. casion of her retirement from central continuing the study of the Yucca Mountain region United Synagogue Youth.∑ site as authorized by the bill would require The facility would be built in two phases appropriations of about $4 billion over the and designed to accept 55,000 metric tons of f 1998–2002 period, resulting in outlays of about uranium (MTU). Initially, the facility would CONGRESSIONAL BUDGET OFFICE $3.8 billion over that period. In addition, sec- be designed to accept nuclear waste in spe- COST ESTIMATE OF S. 104 tion 401 would result in an increase in offset- cial storage canisters; later it would accept ting receipts in 2002 because it would require fuel without canisters. If DOE does not apply ∑ Mr. MURKOWSKI. Mr. President, in certain utilities to make a one-time pay- for a license to construct a permanent repos- compliance with paragraph 11(a) of rule ment of nuclear waste fees to the govern- itory in 2002, or if DOE does not begin to op- XXVI of the Standing Rules of the Sen- ment of about $2.7 billion before the end of erate a permanent repository in 2010, the ca- ate, the Committee on Energy and Nat- fiscal year 2002. Under current law, this pay- pacity could be increased to 75,000 MTU. ural Resources has obtained a letter ment is not expected to be made until 2010 or Based on information from DOE, CBO esti- from the Congressional Budget Office later. mates that the interim storage facility S. 104 also would affect direct spending in would initially cost about $940 million to de- containing an estimate of the costs of later years by ending the current mandatory sign, construct, and operate over the 1997– S. 104, the Energy Policy and Conserva- nuclear waste fee. Lost receipts would total 2002 period. This amount includes annual tion Amendment Act, as reported from about $630 million annually beginning in payments to Lincoln County, Nevada, of $2.5 the committee. In addition, pursuant 2004. million before the first shipment of waste,

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2798 CONGRESSIONAL RECORD — SENATE April 7, 1997 and $5 million after waste shipments begin, commissioned. Because S. 104 would make for a permanent repository and to offset any as authorized by section 201. annual fees dependent on future appropria- negative impacts of such a site. S. 104 would The federal government would be respon- tions action after 2003, CBO cannot assume authorize such payments only to affected sible for all transportation costs for shipping their collection for the purpose of estimating local governments and Indian tribes, not to nuclear waste from nuclear reactors to the the budgetary impact of the bill. Therefore, the state. interim storage facility by rail and heavy- we estimate that the bill would cause a loss In recent years, Congress has appropriated haul trucks. Procurement of special shipping of offsetting receipts (that is, an increase in amounts ranging from $12 million to $15 mil- casts and waste storage canisters would ac- direct spending) of $630 million a year from lion per year under this section for Nevada count for most of the initial transportation 2004 to 2007 and of smaller amount in subse- and for local governments in the state. For costs. Based on information from DOE, we quent years. the current fiscal year, however, the Energy estimate that waste transportation costs In sum, CBO estimates that enacting the and Water Development Appropriations Act, would total $1.4 billion over the 1997–2002 pe- bill would decrease direct spending by $2.7 1997 (Public Law 104–206) prohibits DOE from riod. This amount includes $10 million annu- billion in 2002, but would increase direct making any such payments to the state or to ally over the 1997–1999 period for grants to spending by $2.5 billion over the following local governments. state, local, and tribal governments for five years. Transportaton. S. 104 would also amend emergency transportation planning and Pay-as-you-go considerations: None. the provision in current law that directs training of public safety personnel along Estimated impact on state, local, and trib- DOE to provide technical assistance and routes used to ship waste to the Nevada fa- al governments: Mandates. CBO is unsure funds for training of public safety officials to cility. whether the bill contains intergovernmental state and local governments and Indian Other Authorizations. Section 506 would mandates, as defined in UMRA, but we esti- tribes through whose jurisdictions radio- direct the NRC to establish regulatory guid- mate that costs incurred by state, local, and active material would be transported. This ance for the training and qualifications of tribal governments as a result of the bill bill would specifically authorize planning nuclear powerplant personnel. This author- would total significantly less than the grants of $150,000 for each such state and In- ization could result in an increase in the threshold established in the law. (UMRA es- dian tribe as well as annual implementation NRC workload, but would not result in a net tablished a threshold of $50 million for 1996, grants. CBO estimates that these grants cost to the government because the NRC re- adjusted annually for inflation.) would total about $10 million per year over covers all costs of regulating the nuclear in- While S. 104 would, by itself, establish no the 1997–1999 period. Further, the bill would dustry through user fees. new enforceable duties on state, local, or prohibit shipments through the jurisdiction Section 508 would authorize DOE to com- tribal governments, constructing and oper- of any state or tribe that has not received pensate the Dairyland Power Cooperative for ating an interim storage facility, as required technical assistance and funds for at least any cost related to the storage of nuclear by the bill, probably would increase the cost two years. waste at the cooperative’s La Crosse reactor to the state of Nevada of complying with ex- The state of Nevada could incur substan- site, until this waste is removed for tem- isting federal requirements. CBO cannot de- tial additional costs relating to road con- porary storage or disposal. Based on infor- termine whether these costs would be consid- struction and maintenance as a result of the mation from DOE, CBO estimates that these ered the direct costs of a mandate as defined shipment of waste by heavy-haul truck from storage costs would be $1 million to $2 mil- by UMRA. the transfer facility in Caliente to the in- lion annually over the 1998–2002 period. Based on information provided by state of- terim storage facility. Based on information Section 509 would authorize such sums as ficials, CBO expects that state spending provided by DOE, however, CBO expects that are necessary to establish a decommis- would increase by as much as $30 million per the federal government would pay most of sioning pilot program to decommission and year until shipments to the facility begin these costs. decontaminate a sodium-cooled fast breeder (assuming that they begin in fiscal year 2000) Estimated impact on the private sector: experimental test-site reactor acquired by and $5 million per year between that time CBO has identified private-sector mandates the University of Arkansas in 1976. Based on and the time that the permanent facility at in the bill that would accelerate the pay- information from the university, this activ- Yucca Mountain begins operations. This ad- ment of certain fees by private nuclear utili- ity could cost $20 million and take about ditional spending would support a number of ties and impose new training standards and four years to complete, assuming that all activities, including emergency response requirements on workers. CBO estimates fuel has already been removed from the facil- planning and training, escort of waste ship- that the direct costs of these private-sector ity. ment, and environmental monitoring. In ad- mandates would exceed the statutory thresh- Section 602 would authorize continuation dition, spending by Nevada counties for simi- old established in UMRA ($100 million in of the oversight activities of the Nuclear lar activities would probably increase, but 1996, adjusted annually for inflation) in 2002. Waste Technical Review Board. Based on the by much smaller amounts. Not all of this Because the bill would direct the federal gov- board’s ongoing work, CBO estimates this spending would be for the purpose of com- ernment to begin storing nuclear waste at an agency would spend about $3 million annu- plying with federal requirements. earlier date than is now anticipated, the di- ally over the 1998–2002 period, assuming ap- These costs are similar to those that the rect costs of these new mandates could be at propriation of the necessary amounts. state would eventually incur under current least partially offset by savings to private nuclear utilities that would no longer have Direct Spending law as a result of the permanent repository planned for Yucca Mountain. DOE currently to pay for this storage. Section 401(a)(3) would result in an earlier does not expect to begin receiving material Fourteen nuclear utilities have chosen the payment by utilities to the government of at a permanent repository until at least 2010, option, available to them under current law, about $2.7 billion in one-time nuclear waste while S. 104 would require that it begin to re- to delay payment of certain one-time dis- disposal fees. The bill would require these ceive material at an interim facility in fiscal posal fees and to pay the federal government fees to be paid no later than the end of fiscal year 2000. As a result, the state would have the required additional interest. S. 104 would year 2002. Utilities that fail to make these to respond to the shipment and storage of require nuclear utilities to accelerate pay- payments in 2002 would have their nuclear waste at least ten years sooner than under ment of those fees to the government. CBO operating permits suspended by the Nuclear current law. Further, the state’s costs would assumes that nuclear utilities would make Regulatory Commission. Under current law, increase because it would have to plan for the required payment of about $2.7 billion to these one-time fee payments, along with ac- two facilities. the government in 2002, which would be con- crued interest, are due prior to the delivery sidered the direct cost of a private-sector of nuclear waste to a government storage or Other impacts mandate, as defined in UMRA. Under current disposal facility. Currently, DOE does not Federal Payments to State and Local Gov- law, such payments would be paid in 2010 or expect such a facility to be available until ernments. S. 104 would authorize payments later, when DOE opens a permanent storage 2010 or later. Thus, the bill would accelerate to Lincoln County, Nevada, of $2.5 million in facility to accept nuclear waste. the payment of these one-time fees by at each year before waste is shipped to the in- Acceleration of these payments would like- least 8 years. While this change would result terim facility and $5 million annual after ly result in a real economic loss to the utili- in budgetary savings in 2002, the government shipments begin. In addition, the bill identi- ties over the long run because interest on would derive no significant benefit over the fies several parcels of land that would be the payments is accruing at the rate paid on long run because it would otherwise receive conveyed to Lincoln County and Nye Coun- Treasury bills, which is lower than the mar- the same amount later, with interest. ty, Nevada by the federal government. ket rate of interest. The industry does, how- Starting in fiscal year 2004, section The state of Nevada might lose payments ever, expect to experience significant savings 401(a)(2) would limit the aggregate fees the from the federal government if S. 104 is en- under S. 104 if interim storage facilities government charges each year to electric acted, while Indian tribes might receive pay- begin to accept nuclear waste in fiscal year utilities for disposal of nuclear waste to no ments. The bill would amend section 116 of 2000. Currently, spent nuclear fuel is stored more than the amount appropriated from the the Nuclear Waste Policy Act, which author- at nuclear reactor sites around the country. nuclear waste fund that year. CBO estimates izes payments to the state of Nevada and to Thus, nuclear utilities would save storage that, under current law, income from these local governments within the state. Section costs upon transfer of the nuclear waste to a fees would total $630 million annually over 116 currently authorizes DOE to make grants federal facility. the 2004–2007 period and would decline in sub- to these governments to enable them to par- S. 104 would also impose a mandate by re- sequent years as nuclear power plants are de- ticipate in evaluating and developing a site quiring that the Secretary of Transportation

VerDate Mar 15 2010 21:58 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\1997SENATE\S07AP7.REC S07AP7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY April 7, 1997 CONGRESSIONAL RECORD — SENATE S2799 establish training standards applicable to United States (and other countries) a 1- Bush said that the CFE Treaty was workers directly involved in the removal, year extension of time in which to de- ‘‘the most ambitious arms control transportation, interim storage, and perma- posit its instruments of ratification, agreement ever concluded.’’ This land- nent disposal of spent nuclear fuel and high- and have permitted the United States mark treaty has been a source of sta- level radioactive waste. These workers, under current law, are already required to in the meantime to continue to partici- bility, predictability, and confidence undertake extensive training. Based on in- pate in the organizations. during a period of historic change in formation provided by industry experts, CBO It is my hope that the Senate will Europe. In the years since the CFE estimates that the added costs of this man- give prompt and favorable consider- Treaty was signed, the Soviet Union date would be minimal. In addition, these ation to the two Conventions, and give has dissolved, the Warsaw Pact has dis- costs could be partially offset by appro- its advice and consent to ratification appeared, and the North Atlantic Alli- priated funds designated to cover training so that ratification by the United ance has been transformed. The Treaty costs. Section 203(c) would direct the Sec- States can be effected and instruments has not been unaffected by these retary of Energy to provide technical assist- of ratification deposited at the earliest changes—for example, there are 30 CFE ance and funds for training directly to nonprofit employee organizations and joint possible date. States Parties now, not 22—but the labor-management organizations that imple- WILLIAM J. CLINTON. dedication of all Treaty partners to ment safety and training requirements under THE WHITE HOUSE, April 7, 1997. achieving its full promise is this bill. f undiminished. Estimate prepared by: Federal Cost: Kim The CFE Treaty has resulted in the REMOVAL OF INJUNCTION OF SE- Cawley. Impact on State, Local, and Tribal verified reduction of more than 50,000 CRECY—TREATY DOCUMENT NO. Governments: Marjorie Miller. Impact on the pieces of heavy military equipment, in- Private Sector: Lesley Frymier. 105–5 cluding tanks, armored combat vehi- Estimate approved by: Robert A. Sunshine, Mr. NICKLES. Mr. President, as in Deputy Assistant Director for Budget Anal- cles, artillery pieces, combat aircraft, ysis.∑ executive session, I ask unanimous and attack helicopters. By the end of consent that the injunction of secrecy f 1996, CFE states had accepted and con- be removed from the following treaty ducted more than 2,700 intrusive, on- REMOVAL OF INJUNCTION OF SE- transmitted to the Senate on April 7, site inspections. Contacts between the CRECY—TREATY DOCUMENT NO. 1997, by the President of the United military organizations charged with 105–4 States: The Flank Document Agree- implementing CFE are cooperative and Mr. NICKLES. Mr. President, as in ment to the CFE Treaty, Treaty Docu- extensive. The CFE Treaty has helped executive session, I ask unanimous ment No. 105–5. to transform a world of two armed consent that the injunction of secrecy I further ask unanimous consent that camps into a Europe where dividing be removed from the following treaty the treaty be considered as having been lines no longer hold. transmitted to the Senate on April 7, read for the first time; that it be re- The Flank Document is part of that 1997, by the President of the United ferred, with accompanying papers, to process. It is the culmination of over 2 States: International Grains Agree- the Committee on Foreign Relations years of negotiations and months of in- ment, 1995, Treaty Document No. 105–4. and ordered to be printed; and that the tensive discussions with the Russian I further ask unanimous consent that President’s message be printed in the Federation, Ukraine, our NATO Allies, the treaty be considered as having been RECORD. and our other CFE Treaty partners. read the first time; that it be referred, The PRESIDING OFFICER. Without The Flank Document resolves in a co- with accompanying papers, to the Com- objection, it is so ordered. operative way the most difficult prob- mittee on Foreign Relations and or- The message of the President is as lem that arose during the Treaty’s first dered to be printed; and that the Presi- follows: 5 years of implementation: Russian and dent’s message be printed in the To the Senate of the United States: Ukrainian concerns about the impact RECORD. I transmit herewith, for the advice of the Treaty’s equipment limits in the The PRESIDING OFFICER. Without and consent of the Senate, the Docu- flank zone on their security and mili- objection, it is so ordered. ment Agreed Among the States Parties tary flexibility. The other Treaty The message of the President is as to the Treaty on Conventional Armed states—including all NATO Allies— follows: Forces in Europe (CFE) of November agreed that some of those concerns To the Senate of the United States: 19, 1990, which was adopted at Vienna were reasonable and ought to be ad- With a view to receiving the advice on May 31, 1996 (‘‘the Flank Docu- dressed. and consent of the Senate to ratifica- ment’’). The Flank Document is Annex The Flank Document is the result of tion, I transmit herewith the Grains A of the Final Document of the first a painstaking multilateral diplomatic Trade Convention and Food Aid Con- CFE Review Conference. effort that had as its main goal the vention constituting the International I transmit also, for the information preservation of the integrity of the Grains Agreement, 1995, open for signa- of the Senate, the report of the Depart- CFE Treaty and achievement of the ture at the United Nations Head- ment of State on the Flank Document, goals of its mandate. It is a crucial quarters, New York, from May 1 together with a section-by-section step in adaptation of the CFE Treaty through June 30, 1995. The Conventions analysis of the Flank Document and to the dramatic political changes that were signed by the United States on three documents associated with it have occurred in Europe since the June 26, 1995. I transmit also for the in- that are relevant to the Senate’s con- Treaty was signed. The Flank Docu- formation of the Senate, the report of sideration: the Understanding on De- ment confirms the importance of sub- the Department of State with respect tails of the Flank Document of 31 May regional constraints on heavy military to the Conventions. 1996 in Order to Facilitate its Imple- equipment. More specifically, it revali- The Grains Trade Convention, 1995, mentation; the Exchange of Letters be- dates the idea, unique to CFE, of limits replaces the Wheat Trade Convention, tween the U.S. Chief Delegate to the on the amount of equipment particular 1986, and maintains the framework for CFE Joint Consultative Group and the nations in the Treaty area can locate international cooperation in grains Head of the Delegation of the Russian on certain portions of their own na- trade matters. It also continues the ex- Federation to the Joint Consultative tional territory. Timely entry into istence of the International Grains Group, dated 25 July 1996; and the Ex- force of the Flank Document will en- Council. tension of Provisional Application of sure that these key principles are not a The Food Aid Convention, 1995, re- the Document until May 15, 1997. I take matter of debate in the negotiations we places the Food Aid Convention, 1986, this step as a matter of accommoda- have just begun in Vienna to adapt the and renews commitments of donor tion to the desires of the Senate and CFE Treaty to new political realities, member states to provide minimum an- without prejudice to the allocation of including the prospect of the enlarged nual quantities of food aid to devel- rights and duties under the Constitu- NATO. oping countries. tion. I believe that entry into force of the The International Grains Council and In transmitting the original CFE CFE Flank Document is in the best in- the Food Aid Committee granted the Treaty to the Senate in 1991, President terests of the United States and will

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OFFICE OF PERSONNEL MANAGEMENT WILLIAM S. BENNETT, 0000 contribute to our broader efforts to es- DAVID W. BERKMAN, 0000 tablish a new European security order JAMES B. KING, OF MASSACHUSETTS, TO BE DIRECTOR KENNETH D. BEST, 0000 based on cooperation and shared goals. OF THE OFFICE OF PERSONNEL MANAGEMENT FOR A STUART C. BETTS, 0000 TERM OF 4 YEARS (REAPPOINTMENT), TO WHICH POSI- KEITH A. BIRKHOLZ, 0000 By maintaining the integrity of the TION HE WAS APPOINTED DURING THE LAST RECESS OF CHRISTOPHER E. BLANCHARD, 0000 CFE flank regime, we take a key step THE SENATE. JOSHUA J. BOCCHINO, 0000 JEFFREY W. BOLANDER, 0000 toward our goal of ensuring that the IN THE AIR FORCE MICHAEL S. BONEM, 0000 GREGORY A. BOYLE, 0000 CFE Treaty continues to play a key THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT DARLENE A. BRABANT, 0000 IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE role in enhancing military stability BROOKS R. BREWINGTON, 0000 ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- MARK A. BRILAKIS, 0000 into the 21st century. Therefore, I urge SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- MICHAEL M. BROGAN, 0000 TION 601: the Senate to give early and favorable MICHAEL F. BROOKER, 0000 consideration to the Flank Document To be lieutenant general JEROME W. BROWN, JR., 0000 LORRIN K. BROWN, 0000 and to give advice and consent prior to MAJ. GEN. TAD J. OELSTROM, 0000 MARLON F. BROWN, 0000 STEPHEN E. BROWN, 0000 May 15, 1997. IN THE ARMY JAMES F. BROWNLOWE, 0000 WILLIAM J. CLINTON. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOHN J. BRYANT, 0000 THE WHITE HOUSE, April 7, 1997. IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- DONALD M. BURLINGHAM, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- STEVEN W. BUSBY, 0000 f BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION SCOTT R. CAMPBELL, 0000 601: SCOTT T. CAMPBELL, 0000 ORDERS FOR TUESDAY, APRIL 8, ERIC H. CARLSON, 0000 To be lieutenant general DON D. CLINE, 0000 1997 ROBERT D. CLINTON, 0000 MAJ. GEN. TOMMY R. FRANKS, 0000 Mr. NICKLES. Mr. President, I ask DAVID D. COBERT, 0000 IN THE NAVY PATRICK COFFEY, 0000 unanimous consent that when the Sen- JOSEPH M. COLE, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOHN T. COLLINS, 0000 ate completes its business today, it IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- DANIEL J. CONN, 0000 stand in adjournment until the hour of SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- KEVIN E. CONYERS, 0000 10:30 a.m., Tuesday, April 8. I further BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION CHARLES J. COOGAN, 0000 601: WILLIAM C. COOK, 0000 ask unanimous consent that on Tues- STEPHEN B. COOPERIDER, 0000 To be vice admiral BRADFORD T. COPPOCK, 0000 day, April 8, immediately following the GREGORY V. CORBETT, 0000 REAR ADM. LEE F. GUNN, 0000 prayer, the routine requests through BRIAN T. COSTELLO, 0000 IN THE AIR FORCE ROBERT A. COTTERELL, 0000 the morning hour be granted and there RICHARD E. COYLE. JR., 0000 then be a period of morning business THE FOLLOWING-NAMED OFFICERS FOR APPOINT- PETER B. COZ, 0000 until the hour of 12:30, with Senators MENTS TO THE GRADES INDICATED IN THE U.S. AIR LYLE M. CROSS, 0000 FORCE UNDER TITLE 10, UNITED STATES CODE, SEC- STEPHEN W. CROWELL, 0000 permitted to speak for up to 5 minutes TIONS 618, 624, AND 628: DANIEL F. CROWL, 0000 each, with the following exceptions: To be lieutenant colonel FRANCIS X. COBILLO, 0000 JOSEPH H. DAAS, 0000 Senator THOMAS for 30 minutes; Sen- JOHN M. BARKER, JR., 0000 JAMES R. DALEY, 0000 ator LOTT or his designee, 30 minutes; STEPHEN C. BARRON, 0000 CHARLES A. DALLACHIE, 0000 ROBERT A. DEIVERT, 0000 DAVID F. DAMBRA, 0000 Senator BOXER, 15 minutes; Senator STEPHEN L. HOERNLEIN, 0000 RAYMOND C. DAMM, JR., 0000 LAUTENBERG, 10 minutes; Senator SCOTT M. KAPES, 0000 PAUL S. DAUGHTRIDGE, 0000 RALPH E. MCDONALD, 0000 CLAUDE H. DAVIS III, 0000 DASCHLE or his designee, 15 minutes; VICENTE E. SANCHEZ-CASTRO, 0000 JON M. DAVIS, 0000 and Senator WYDEN for 20 minutes. KELVIN M. DAVIS, 0000 To be major STEPHEN W. DAVIS, 0000 The PRESIDING OFFICER. Without JAMES A. DAY, 0000 MICHAEL R. FIEDLER, 0000 MICHAEL J. DEAN, 0000 objection, it is so ordered. RANDY A. KEE, 0000 JEAN C. DERESCHUK, 0000 Mr. NICKLES. Mr. President, I fur- JOHN H. SCHUMACHER, 0000 GILBERT DESROCHES, 0000 JESSICA R. YBANEZ-MORANO, 0000 ther ask unanimous consent that the KEVIN M. DEVORE, 0000 Senate stand in recess between the IN THE MARINE CORPS JOHN K. DODGE, 0000 JAMES J. DOLL, 0000 hours of 12:30 and 2:15 p.m. for the THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JOHN D. DOWNEY, 0000 weekly party caucuses to meet. TO THE GRADE INDICATED IN THE U.S. MARINE CORPS JAMES C. DUNCAN, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624 EDWARD T. DUNLAP, 0000 The PRESIDING OFFICER. Without AND 628: DAVID C. DURHAM, 0000 objection, it is so ordered. To be colonel ANDREW P. DWYER, 0000 BASCOM D. EAKER, 0000 f TODD H. GRIFFIS, 0000 JOHN K. ELDER, 0000 KARL S. ELEBASH III, 0000 PROGRAM THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE U.S. MARINE CORPS THOMAS D. ELLIS, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTION 624: JAMES J. EMERSON, 0000 Mr. NICKLES. Mr. President, for the DAVID W. ESTRIDGE, 0000 information of all Senators, tomorrow, To be colonel JOHN F. FELTHAM, 0000 WILLIAM L. FISER, 0000 following the party conferences, the GILDA A. JACKSON, 0000 ROBERT A. FITZGERALD JR, 0000 Senate will resume consideration of IN THE NAVY JOHN D. FOLDBERT, 0000 JOHN A. FORQUER, 0000 the motion to proceed to S. 104, the Nu- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT KEVIN B. FOSSETT, 0000 clear Policy Act. By previous consent, TO THE GRADE INDICATED IN THE U.S. NAVY UNDER GARY D. FRALEY, 0000 TITLE 10, UNITED STATES CODE, SECTION 624: STEVN L. FRANKLIN, 0000 a cloture vote on the motion to proceed KEVIN F. FREDERICK, 0000 to S. 104 will occur at 5:15 p.m., Tues- To be lieutenant commander DAVID G. FRITZ, 0000 day afternoon. In addition, the time be- JAMEL B WEATHERSPOON, 0000 DAVID C. FUQUEA, 0000 LEE P. FUTCH, 0000 tween 2:15 and 5:15 has been set aside IN THE MARINE CORPS THOMAS B. GALVIN, 0000 for debate on the motion, with time MARK E. GANDER, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT STEPHEN T. GANYARD, 0000 equally divided between the proponents TO THE GRADE INDICATED IN THE U.S. MARINE CORPS MICHAEL A. GARRISON, 0000 and opponents of the legislation. UNDER TITLE 10, UNITED STATES CODE, SECTION 624: JOHN C. GAUTHIER, 0000 To be lieutenant colonel STEPHEN L. GEIGER, 0000 f THOMPSON A. GERKE, 0000 ROBERT J. ABBLITT, 0000 STEPHEN V. GIUSTO, 0000 ADJOURNMENT UNTIL 10:30 A.M. RICHARD C. ADAMS, 0000 WILLIAM W. GO, 0000 KATHRYN A. ALLEN, 0000 PATRICK J. GOUGH, 0000 TOMORROW TRAVIS M. ALLEN, 0000 GLEN C. GRAHAM, 0000 GEORGE S. AMLAND, 0000 JUDY A. GRETCH, 0000 Mr. NICKLES. Mr. President, if there DONALD J. ANDERSON, 0000 FREDERICK R. GRIGGS III, 0000 is no further business to come before TRUMAN D. ANDERSON, JR., 0000 GREGORY W. GROVE, 0000 PHILLIP J. ANTONINO, 0000 DAVID H. GURNEY, 0000 the Senate, I now ask unanimous con- WALTER H. AUGUSTIN, 0000 ELLEN K. HADDOCK, 0000 sent the Senate stand in adjournment BRUCE A. AVERITT, 0000 ANDREW S. HAEUPTLE, 0000 LISA M. BACHILLER, 0000 JOHN W. HALINSKI, 0000 under the previous order. RONALD F. BACZKOWSKI, 0000 JAMES E. HALL, 0000 There being no objection, the Senate, KURT A. BADEN, 0000 WILLIAM E. HARRIS, 0000 at 6:40 p.m., adjourned until Tuesday, THOMAS M. BANE, 0000 CALVIN E. HASTINGS, 0000 HOWARD F. BARKER, 0000 MANTFORD C. HAWKINS II, 0000 April 8, 1997, at 10:30 a.m. ROBERT H. BARROW, JR., 0000 MICHAEL G. HAWKINS, 0000 WILLIAM L. BARTELS II, 0000 STEPHEN D. HAWKINS, 0000 f MAUREEN A. BASHAM, 0000 ERIC HEIDHAUSEN, 0000 GREGORY A. BASS, 0000 JOSEPH A. HEINS, 0000 NOMINATIONS MARK H. BEAN, 0000 HUGH A. HENRY, 0000 ROBERT K. BEAUCHAMP, 0000 STEVEN HICKEY, 0000 Executive nominations received by DAVID R. BECKER, 0000 PAUL K. HILTON, 0000 the Senate April 7, 1997: PAUL D. BENNETT, 0000 CHAD W. HOCKING, 0000

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STEVEN D. HOGG, 0000 JAMES S. ROBERTSON, 0000 GREGORY T. BREAZILE, 0000 RICHARD G. HOUCK, 0000 NORMAN J. ROBISON, 0000 JAMES M. BREITINGER, 0000 RAYMOND W. HOWER, 0000 JOSEPH C. RODGERS, JR, 0000 MARK C. BREWSTER, 0000 CHARLES L. HUDSON, 0000 CRAIG D. ROSS, 0000 JAMES M. BRIGHT, 0000 CARL F. HUENEFELD, 0000 JAMES G. ROUSE, 0000 DONALD W. BROOKINS, 0000 NORA S. HUETE, 0000 JOSE D. ROVIRA, 0000 BILLY B. BROWN JR, 0000 PAUL D. HUGHES, 0000 ROBERT R. RUARK, 0000 BRADLEY W. BROWN, 0000 DONALD M. INGRAM, 0000 MICHAEL E. RUDOLPH, 0000 GERALD R. BROWN, 0000 KENNETH E. JACOBSEN, 0000 BEVERLY J. RUNOLFSON, 0000 RAPHAEL P. BROWN, 0000 JAMES F. JAMISON, 0000 JOSEF E. RYBERG, 0000 KURT J. BRUBAKER, 0000 RONN C. JOHNSON, 0000 DONALD W. SAPP, 0000 MICHAEL A. BRUNO, 0000 RUSSELL I. JONES, 0000 CLARKE J. SCHIFFER, 0000 PETER D. BUCK, 0000 JAMES C. JUMPER, JR., 0000 SUE I. SCHULER, 0000 BRIAN K. BUCKLES, 0000 DANIEL P. KAEPERNIK, 0000 KEVIN M. SCOTT, 0000 STEVEN L. BUCKLEY, 0000 JOEL P. KANE, 0000 MICHAEL W. SCOTT, 0000 WILLIAM S. BUDD, 0000 MARK M. KAUZLARICH, 0000 JEFFREY M. SENG, 0000 TODD R. BUECHS, 0000 CHRISTIAN J. KAZMIERCZAK, 0000 SCOTT E. SHAW, 0000 MICHAEL J. BURKE, 0000 PATRICK A. KELLEHER, 0000 ROBERT E. SHELOR, 0000 TERRANCE L. BURNS, 0000 DAVID A. KELLEY, JR., 0000 CARLYLE E. SHELTON, 0000 CRAIG M. BURRIS, 0000 JOSEPH L. KELLEY, 0000 KEITH C. SHULTIS, 0000 TIMOTHY G. CALLAHAN, 0000 ROBERT G. KELLY, 0000 MICHAEL P. SLATER, 0000 WILLIAM E. CALLAHAN, 0000 BRUCE G. KESSELRING, 0000 RICHARD S. SLATER, 0000 SCOTT D. CAMPBELL, 0000 JAMES A. KESSLER, 0000 GEORGE S. SLEY, JR, 0000 SCOTT K. CAMPBELL, 0000 MARK A. KING, 0000 DALE M. SMITH, 0000 CURT A. CAREY, 0000 ROBERT F. KLUBA, JR., 0000 DAVID E. SMITH, 0000 LARRY G. CARMON, 0000 RALPH H. KOHLMANN, 0000 RICHARD E. SMITH, 0000 TIMOTHY J. CARROLL, 0000 ROGER L. KRAFT, JR., 0000 ROBERT G. SOKOLOSKI, 0000 WINFIELD S. CARSON JR, 0000 JOHN T. KRAUSE, 0000 STEPHEN L. SPEHN, 0000 MITCHELL E. CASSELL, 0000 DONNA J. KRUEGER, 0000 JAMES L. STALNAKER, 0000 CHRISTOPHER W. CASTELLI, 0000 DAVID W. KUEHN, 0000 CURTIS E. CATENCAMP, 0000 TERRY D. STEELE, 0000 ODIN F. LEBERMAN, JR., 0000 MIGUEL CHABOLLA, 0000 THOMAS G. STEIN, 0000 GEORGES E. LEBLANC III, 0000 DAVID G. CHANDLER, 0000 DOUGLAS M. STILWELL, 0000 WILLIAM P. LEEK, 0000 IRA M. CHEATHAM, 0000 PETER J. STRENG, 0000 WILLIAM J. LEITHEISER, JR., 0000 GREGORY L. CHESTERTON, 0000 MARK H. STROMAN, 0000 CLARKE R. LETHIN, 0000 KENT A. CHURCHILL, 0000 JOHN M. SULLIVAN, JR, 0000 DOARIN R. LEWIS, 0000 MARK D. CICALI, 0000 JOSEPH L. SULLIVAN, 0000 CARL A. LEWKE, 0000 EDWIN S. CLARKE, 0000 KEITH M. SWEANEY, 0000 MICHAEL A. LHEUREUX, 0000 STEPHEN A. CLARKE, 0000 ROLAND C. SWENSEN, 0000 FREDERIC W. LICKTEIG, 0000 THOMAS M. CLASEN, 0000 THOMAS J. LINDBLAD, 0000 TERRENCE S. TAKENAKA, 0000 BIAGIO COLANDREO JR, 0000 STEPHEN L. LITTLE, 0000 MARK H. TANZLER, 0000 AUTHUR COLLINS III, 0000 SCOT D. LLOYD, 0000 WILLIAM H. THOMAS, 0000 JOSEPH W. COLLINS JR, 0000 JOHN P. LOPEZ, 0000 CHARLES T. THOMPSON, 0000 JAMES W. COLMAN JR, 0000 EDWARD W. LOUGHRAN, 0000 KENNETH J. THOMPSON, JR, 0000 JEFFREY P. COLWELL, 0000 JUERGEN M. LUKAS, 0000 JEFFREY P. TOMCZAK, 0000 WILLIAM J. CONLEY JR, 0000 JAMES W. LUKEMAN, 0000 MARK H. TRIPLETT, 0000 SHAWN P. CONLON, 0000 JEROME M. LYNES, 0000 CRAIG A. TUCKER, 0000 JEFFERY T. CONNER, 0000 DAVID A. MAHONEY, 0000 DAVID K. UNDELAND, 0000 JONATHAN P. COOK, 0000 JAMES C. MALLON, 0000 ERIC J. VANCAMP, 0000 MARK E. COSTELLO, 0000 RICHARD V. MANCINI, 0000 MARK W. VANOUS, 0000 VERNON S. COUCH, 0000 BRIAN MANTHE, 0000 EDWARD E. VAUGHT, 0000 ROBERT A. COUSER, 0000 MARK E. MAREK, 0000 PETER S. VERCRUYSSE, 0000 PATRICK F. COX, 0000 JOEL A. MARQUARDT, 0000 ANTHONY J. VERDUCCI, 0000 DENNIS CRALL, 0000 KENNETH B. MARTIN, 0000 JEREMIAH J. WALSH, 0000 SCOTT A. CRESSMAN, 0000 ALEXANDER V. MARTYNENKO, 0000 TROY A. WARD, 0000 VINCENT S. CRUM, 0000 DEAN H. MARVIN, 0000 STANLEY H. WATKINS, 0000 GLENN A. CUNNINGHAM, 0000 TIMOTHY P. MASSEY, 0000 TIMOTHY C. WELLS, 0000 JOHN M. CURATOLA, 0000 DANIEL C. MCCARRON, 0000 FRED WENGER III, 0000 PAUL G. CURRAN, 0000 PETER G. MC CARTHY, 0000 RICHARD B. WERNER, 0000 PETER W. CUSHING, 0000 JAMES E. MC COWN III, 0000 MARK E. WHEELER, 0000 BRUCE A. DANIEL, 0000 WILLIAM F. MC EVOY, 0000 FREDERICK J. WHITTLE, 0000 SHARON A. DANJOU, 0000 MARK D. MCMANNIS, 0000 ROBERT A. WIEDOWER, 0000 MICHAEL G. DANZER, 0000 JOHN D. MCMASTER, 0000 JOHN R. WILKERSON, 0000 ROBERT J. DARLING, 0000 CHRIS D. MCMENOMY, 0000 KEITH R. WILKES, 0000 GLENN M. DAVIDSON, 0000 JAMES F. MCNEIVE, 0000 DAN B. WILLIS, 0000 JEFFREY P. DAVIS, 0000 TIMOTHY L. MECOMBER, 0000 MARY P. WILLIS, 0000 JAMES P. DAY, 0000 DANNY L. MELTON, 0000 MARK F. WOOD, 0000 GREGORY P. DEEB, 0000 JAMES E. MEYEN, 0000 WALTER T. ZABICKI, 0000 MARK C. DELUNA, 0000 DWAIN A. MEYER, 0000 ROBERT S. ZAK, 0000 DAVID A. DEMORAT, 0000 STEPHEN N. MIKOLASKI, 0000 ROBERT M. ZEISLER, 0000 MARSHALL DENNEY III, 0000 PAMELA D. MILLER, 0000 IN THE MARINE CORPS DOUGLAS B. DENNIS, 0000 RALPH F. MILLER, 0000 TIMOTHY E. DESALVO, 0000 RICHARD A. MINOR, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT RAYMOND R. DESCHENEAUX, 0000 GREGORY K. MISLICK, 0000 TO THE GRADE INDICATED IN THE U.S. MARINE CORPS HENRY J. DOMINGUE, JR., 0000 WILLIAM R. MITCHELL, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTION 624: CHARLES W. DOUGHERTY, 0000 MARK E. MONROE, 0000 To be major THOMAS A. DOUGHERTY III, 0000 TERRY M. MOORES, 0000 JONATHAN F. DOUGLAS, 0000 MICHAEL F. MORGAN, 0000 ROY P. ACKLEY, JR., 0000 TERRY M. DRESBACH, 0000 JOSEPH A. MORTENSEN, 0000 CURTIS R. ADAIR, 0000 JEFFREY W. DUKES, 0000 MATHEW D. MULHERN, 0000 ROBERT A. AKIN, 0000 FLOYD W. DUNSTAN, JR., 0000 WILLIAM L. MUNCK, 0000 JULIAN D. ALFORD, 0000 ROBERT L. DYSON, 0000 DWIGHT A. MUNDY, 0000 JAMES S. ALLEY, 0000 CHRISTOPHER B. EDWARDS, 0000 JAMES T. MURTHA, 0000 RICHARD E. ANDERS, 0000 DANIEL Q. EGGE, 0000 KEVEN J. NALLY, 0000 DALE E. ANDERSON, 0000 EMILY J. ELDER, 0000 DAVID A. NEESEN, 0000 BRYAN E. AREMAN, 0000 NORMAN R. ELIASEN, 0000 RONALD G. NEILSON, 0000 FRANK S. ARNOLD, 0000 RUSSELL W. EMONS, JR., 0000 LAWRENCE D. NICHOLSON, 0000 BRIAN M. BAGGOTT, 0000 TERRI E. ERDAG, 0000 DONALD A. NIESEN, 0000 JAMES M. BAKER, 0000 SCOTT E. ERDELATZ, 0000 CARLOS I. NORIEGA, 0000 GRANT C. BAKLEY, 0000 DANIEL P. ERMER, 0000 GORDON P. OBERMUELLER, 0000 EDWARD L. BARBOUR III, 0000 JORGE A. ESPARZA, 0000 PATRICK W. O’BRYAN, 0000 BRETT D. BARKEY, 0000 JOHN A. ESQUIVEL, 0000 CHRISTOPHER L. O’CONNOR, 0000 MICHAEL W. BARNES, 0000 SCOTT J. FAZEKAS, 0000 ANDREW W. O’DONNELL JR., 0000 VINCENT A. BARR, 0000 JAMES P. FEENEY, 0000 JAMES G. O’HAGAN, 0000 BRETT M. BARTHOLOMAUS, 0000 FRANCIS S. FERRARO, 0000 JOHN C. O’KEEFE, 0000 BRIANT T. BECHWITH, 0000 WALTER F. FISCHER, JR., 0000 GARY R. OLES, 0000 CHARLES A. BELL, 0000 CLAYTON J. FISHER, 0000 MARK T. OLSEN, 0000 STEVEN F. BELSER, 0000 JOHN M. FITTS, 0000 REUBEN A. PADILLA, 0000 ALLEN L. BENNETT, 0000 TIMOTHY J. FLANAGAN, 0000 PAUL E. PAQUETTE, 0000 PHILIP J. BETZ, JR., 0000 MARK S. FLANNERY, 0000 RICHARD L. PARK, 0000 ANDREW D. BIANCA, 0000 DAVID S. FLORES, 0000 CHARLES A. PETERSON, 0000 JAMES W. BIERMAN, JR., 0000 TIMOTHY A. FLORIAN, 0000 CURTIS J. POWELL, 0000 DOUGLAS H. BIGGS, 0000 JOHN J. FOLEY, 0000 THOMAS A. PROGAR, 0000 CARLYLE P. BINNS, 0000 DAVID R. FOLSOM, 0000 LOUIS N. RACHAL, 0000 ROBERT A. BISHOP, 0000 ANDREW W. FORTUNATO, 0000 CHARLES H. RADERSTORF, 0000 JEFFREY L. BLAU, 0000 MICHAEL V. FRANZAK, 0000 CARL K. RADFORD, 0000 ENOCH J. BLAZIS, 0000 CHRISTOPHER L. FRENCH, 0000 HENRY G. RAUM, 0000 SEAN C. BLOCHBERGER, 0000 STEPHEN M. FRENCH, 0000 DANNY D. RAY, 0000 GARY G. BLOESL, 0000 RICHARD W. FULLERTON, 0000 DENNIS W. RAY, 0000 PATRICK S. BLUBAUGH, 0000 JOHN D. FULP, 0000 JACKY E. RAY, 0000 PHILLIP W. BOGGS, 0000 JEFFREY W. FULTZ, 0000 RICHARD M. RAYFIELD, 0000 KELLY R. BOLE, 0000 RODNEY A. FUNK, 0000 MATTHEW D. REDFERN, 0000 COREY K. BONNELL, 0000 DAVID J. FURNESS, 0000 JAMES A. REISTRUP, 0000 PAUL A. BOURGEOIS, 0000 MARK C. GAMBESCIA, 0000 GREGORY J. RHODES, 0000 ANTHONY W. BOWMAN, 0000 EDWARD C. GARDINER, 0000 DAVID M. RICHTSMEIER, 0000 BRUCE K. BRAHE III, 0000 JOSEPH E. GEORGE, 0000 DAVID A. RIEDEL, 0000 KARL D. BRANDT, 0000 GREGORY A. GEPHARDT, 0000 JAMES E. RILEY, JR, 0000 ROBERT M. BRASSAW, 0000 JAMES P. GFRERER, 0000

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CHARLES J. GIBSON JR., 0000 JAMES G. MC GARRAHAN, 0000 PAUL G. SICHENZIA, 0000 ANDREW J. GILLAN, 0000 DAVID B. MC GILLIS, 0000 CHRISTOPHER J. SILL, 0000 FRANCIS B. GILLIGAN, 0000 DANIEL J. MC GOUGH, 0000 PHILIP C. SKUTA, 0000 JOHN C. GISCARD, 0000 JACKSON L. MC GRADY, 0000 JEFFREY S. SMALL, 0000 CHRISTOPHER W. GOEDEKE, 0000 SCOTT L. MC LENNAN, 0000 ANDREW H. SMITH, 0000 ROBERT S. GORDON, 0000 BRAD J. MC NAMARA, 0000 ANTONIO B. SMITH, 0000 PAUL G. GOSNELL, 0000 DAVID G. MC RITCHIE JR, 0000 ERIC M. SMITH, 0000 PATRICK A. GRAMUGLIA, 0000 STEPHEN C. MEIZOSO, 0000 RUSSELL E. SMITH, 0000 PHILIP E. GRATHWOL, 0000 ERIC M. MELLINGER, 0000 TRACY R. SMITH, 0000 PAUL D. GREATSINGER, 0000 MARK P. MELZAR, 0000 WILLIAM C. SMITH III, 0000 ALAN S. GREENE, 0000 PAUL C. MERRITT, 0000 JAMES D. SNELLGROVE, 0000 RICHARD L. GRIMM, 0000 ROBERT C. MICHAUD, 0000 DANIEL J. SNYDER, 0000 GREGORY J. GRINAKER, 0000 AUBREY L. MIHALCOE JR, 0000 JOSEPH SPAIR, 0000 BROOKS S. GRUBER, 0000 SCOTT G. MILES, 0000 SCOTT R. SPEELMAN, 0000 DONALD K. HANSEN, 0000 DUNCAN S. MILNE, 0000 NANCY A. SPRINGER, 0000 DREW A. HANSEN, 0000 JAMES J. MINICK, 0000 KEITH E. SPURLOCK, 0000 ERNEST A. HARPER, 0000 JOSEPH T. MINICUCCI, 0000 JOHN B. STARNES, 0000 WILLIAM D. HARROP III, 0000 DENNY A. MIRELES, 0000 JAY L. HATTON, 0000 FRANK G. MITTAG, 0000 WAYNE R. STEELE, 0000 DREXEL D. HEARD, 0000 JOHN L. MOHS, 0000 PATRICK G. STEININGER, 0000 SCOTT M. HECKERT, 0000 GREGORY B. MONK, 0000 JOHN C. STEVE, 0000 BRIAN F. HENRY, 0000 JACK P. MONROE IV, 0000 ALAN R. STOCKS, 0000 JAMES H. HERRERA, 0000 PHILLIP D. MOORE JR, 0000 KIRBY A. STOKES, 0000 HARRY J. HEWSON III, 0000 RUSSELL A. MOORE II, 0000 LYNN A. STOVER, 0000 CLINTON M. HIGGINBOTHAM JR., 0000 MICHAEL T. MORAN, 0000 MICHAEL R. STROBL, 0000 ANNMARIE HIGGINS, 0000 KEVIN J. MORONEY, 0000 THOMAS K. STRUCKMEYER, 0000 MICHAEL C. HITCHCOCK, 0000 JOHN C. MORTON, 0000 BRIAN J. SULLIVAN, 0000 JEFFREY L. HOING, 0000 FRANK R. MOTLEY JR, 0000 VINCENT J. SUMANG, 0000 JONATHAN B. 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