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

Vol. 143 WASHINGTON, MONDAY, JUNE 2, 1997 No. 73 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 3, 1997, at 12:30 p.m. Senate MONDAY, JUNE 2, 1997

The Senate met at 12 noon and was RECOGNITION OF THE MAJORITY morning business to give Senators an called to order by the President pro LEADER opportunity to speak. tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The At 2:30 the Senate will resume con- sideration of S. 4, the Family Friendly able majority leader, Senator LOTT of PRAYER Mississippi, is recognized. Workplace Act. I encourage any Sen- The Chaplain, Dr. Lloyd John Mr. LOTT. Thank you, Mr. President. ator who intends to offer an amend- Ogilvie, offered the following prayer: Thank you, Chaplain, for your won- ment to this legislation to be prepared to offer the amendment during today’s Gracious Father, the Rock of Ages derful opening prayer. We appreciate session. Any votes ordered on amend- who gives us an unchanging source of it, as always. ments offered today will be set aside stability and strength, You are our se- f with the possibility of votes occurring curity in the ups and downs of life. You CONGRATULATIONS TO SENATOR on those amendments after 5 p.m. have placed a homing spirit in us that THURMOND today. makes us restless to return to You in In addition, a cloture motion on S. 4 prayer. You are everything to us: Light Mr. LOTT. Mr. President, since this is the first time I have seen the distin- will be filed today. Therefore, the Sen- in the darkness of our doubts, nourish- ate can expect a vote on cloture on S. ment for our spiritual hungers, peace guished Senator from South Carolina since it has been official, I want to con- 4 to occur on Wednesday morning. in our pressures, guidance in our confu- As a reminder to all Senators, tomor- sion, hope when we feel helpless, heal- gratulate him, as all Americans do, on the record you have set. We are very row from 9:30 until 12:30 a.m. the Sen- ing of the hurts of our lives. ate will honor the services of our Presi- Lord, we are moved by Your majesty proud of you. And I want to say that I enjoyed seeing you on television when dent pro tempore, Senator THURMOND, and motivated by the magnitude of the the longest serving Member of the Sen- responsibilities You have entrusted to we were home, too. It is a magnificent record, and you ate. I encourage all Senators to partici- us. We often express our trust in You, pate in this important tribute on Tues- but today we are stunned by the trust are a magnificent human being. We look forward to commending you day morning. You express in us. It is awesome to re- further later on this week, Mr. Presi- For the remainder of the week Sen- alize the confidence You put in the dent. ators can anticipate Senate action on women and men of this Senate and The PRESIDENT pro tempore. the concurrent budget resolution, the those who work with them. May their Thank you for your kind remarks. supplemental appropriations con- humility match Your willingness to Mr. LOTT. Thank you, Mr. President. ference report, and possibly the adop- help, their dependence equal Your dy- f tion of legislation. namic power. As Members are aware, this is the Lord, we return to the work of this WELCOME BACK first week of a 4-week legislative pe- Senate creatively carefree. You have Mr. LOTT. Welcome back, all of you. riod prior to the Fourth of July recess. called us, You have promised to give us I hope that you are all rested and re- The Senate has a number of important wisdom, and You have assured us that charged physically and in spirit be- issues which need to be considered You will never let us down or never cause we do have a little work that we prior to that next recess. We anticipate leave us; that You will never give us need to get done this week. action on the budget reconciliation more to do than we can do with Your f bills, both on the spending side and the power. So we commit to You all that tax cut bill. we have and are to realize Your very SCHEDULE The DOD authorization should be best for this Nation. In the name of our Mr. LOTT. Mr. President, the Senate ready, and the chairman of the com- Lord and Savior. Amen. will be in session today for a period of mittee has asked that we try to reserve

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

S5157

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VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5158 CONGRESSIONAL RECORD — SENATE June 2, 1997 time in the latter part of June to do he had jurisdiction over 95 separate exist between the home place and the that, if at all possible. local parks which are prized by com- workplace. Most American families en- Product liability legislation is pend- munities throughout the Washington counter two basic tensions. One is the ing, as well as various appropriations area. He has skillfully balanced the tension that is financial, that drives bills, including the legislative branch, needs of the parks with the needs of both adults in the family, if there are foreign ops, and Treasury-Postal Serv- the general public and park neighbor- two adults in the family, into the ice as they become available. hoods. With parks such as Meridian workplace; certainly if there is only So we are looking at those three ap- Hill and Montrose and Dumbarton one adult in the family, that one adult propriations bills that we would like to Oaks, he has dealt with many complex has tremendous pressure to be in the be able to finish in the Senate before issues with diplomacy and exceptional workplace. The other pressure which we go out for the Fourth of July recess. judgment. exists for most American families is As all Members know, this is not an Bill Shield’s retirement after 32 years the social pressure that comes when exclusive list that the Senate may con- with the Park Service will be a great you have all of the adults in the family sider. There are other issues that are loss. But because of his guidance and in the workplace. You have tension be- pending legislatively and executive leadership, many parks in the Nation, tween the workplace and the home matters as they are cleared. For in- and especially in the Nation’s Capital, place. stance, I understand the national mis- will be enhanced and preserved for fu- How in the world are we going to be sile defense legislation has cleared the ture generations. able to meet the needs of the home, when people are not at home when they Armed Services Committee. That is an f issue that we may be able to take up are needed the most—particularly before the Fourth of July period. EXTENSION OF TIME FOR when there are times when their pres- Therefore, I encourage all Members MORNING BUSINESS ence is very, very important. For ex- to adjust their schedules for a busy Mr. LOTT. Mr. President, I ask unan- ample, when someone is getting an month of Senate work. That could very imous consent that morning business award, or when someone needs to speak well include some votes on Monday be extended until 2:30 p.m. today. to the counselor or with a teacher at afternoons late and evenings on Fri- The PRESIDING OFFICER. Without school, or when someone needs to go to day. But later on this week, probably objection, it is so ordered. the doctor. Most families understand tomorrow, we will try to give Senators Mr. LOTT. I have no further requests that when you have this kind of a need some clear idea of what Mondays and at this time. you should have the opportunity to be Fridays they should expect to be in ses- I observe the absence of a quorum. away from work. If both adults in the sion. At a minimum, the Friday that The PRESIDING OFFICER. The family are involved in the workplace it we are scheduled to go out for the clerk will call the roll. makes it very tough to do. There are times when certain condi- Fourth of July recess—that would be The legislative clerk proceeded to tions will justify the use of what is Friday, June 27—is clearly one that we call the roll. known as family and medical leave. will likely have to be in session to The PRESIDING OFFICER. In my The Family and Medical Leave Act was complete our work on reconciliation capacity as a Senator from the State of passed by the U.S. Congress and it al- bills. Ohio, I ask unanimous consent that the lows people to take time off without order for the quorum call be rescinded. f pay. But I have found in my family, Without objection, it is so ordered. MEASURE READ FOR THE FIRST and I am sure most Americans have TIME—H.R. 867 f found as well that when you take your child to the doctor, that is not a time Mr. LOTT. Mr. President, I under- RECESS when you can go without pay. That is stand that H.R. 867 has arrived from The PRESIDING OFFICER. Without a time when you actually need all the the House. objection, the Senate will stand in re- resources you can get. To put people in I ask for its first reading. cess until 2:30 p.m. the position of having to take a pay The PRESIDING OFFICER (Mr. There being no objection, the Senate, cut in order to go see the teacher about DEWINE). The clerk will report. at 12:48 p.m., recessed until 2:30 p.m.; a problem at school or to watch the The legislative clerk read as follows: whereupon, the Senate reassembled student get an award at school or to be A bill (H.R. 867) to promote the adoption of when called to order by the Presiding able to take a child to the doctor—to children in foster care. Officer [Mr. ROBERTS]. ask a parent to take a pay cut in a set- Mr. LOTT. I now ask for its second f ting like that is to make a parent reading and will object to my own re- make a choice that we should not be quest in behalf of the other side of the FAMILY FRIENDLY WORKPLACE asking a parent to make. aisle. ACT Fortunately, there already exists in The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- this culture a clear model of a system objection, it is so ordered. ate will now resume consideration of S. that can work, that works effectively f 4, which the clerk will report. and works very well. It is in the Fed- The legislative clerk read as follows: eral Government. Legally, all Federal TRIBUTE TO BILL SHIELDS OF A bill (S. 4) to amend the Fair Labor employees have the ability to have THE NATIONAL PARK SERVICE Standards Act of 1938 to provide to private what is called flexible working ar- Mr. KENNEDY. Mr. President, it is sector employees the same opportunities for rangements. They can take time off privilege to take this opportunity to time-and-a-half compensatory time off, bi- with pay later if they have earned that commend Superintendent Bill Shields weekly work programs, and flexible credit time off by working more hours earlier. for his 32 years of distinguished leader- hour programs as Federal employees cur- They can arrange their schedule to rently enjoy to help balance the demands ship in the National Park Service. His and needs of work and family, to clarify the work a couple hours extra one week service has been renowned in many dif- provisions relating to exemptions of certain and take a couple hours off the next ferent aspects of the park system, and professionals from the minimum wage and week. As a matter of fact, Federal every region of the country is in his overtime requirements of the Fair Labor workers have the ability to take ad- debt. Standards Act of 1938, and for other pur- vantage of the scheduling option which One of the biggest challenges Bill has poses. allows them to work 45 hours one faced has been managing national The PRESIDING OFFICER. The Sen- week, 35 hours the next week. That parks in urban settings. In fact, Bill ator from Missouri is recognized. way they have every other Friday off. spent the majority of his career in Mr. ASHCROFT. Mr. President, I am Of course, that is really a tremendous urban park environments, and he has pleased to have the opportunity to boon to people who need to be able to met special needs of these parks with stand and speak on behalf of the Fam- do things during the normal working great skill, wisdom, and understanding. ily Friendly Workplace Act. It is a way hours, whether it is to go to the motor As superintendent of Rock Creek Park, of helping people resolve tensions that vehicle registration place to get the

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5159 car plates renewed or to take a child to Well, back in the 1930’s on the heel of ments give workers the ability to take a doctor or go see a child get an award the Great Depression, when only 2 out time off without having to take a pay or confer with a teacher at the high of every 12 mothers of school-age chil- cut. Now the family and medical leave school—those kinds of days that can be dren were in the work force, a law was provisions are good, they are fine, they scheduled flexibly for Federal employ- created that set up the Fair Labor are part of the law right now, but if ees have worked well to solve problems Standards Act. This act gave some im- you take time off under the family and for Federal employees. portant protections to American work- medical leave provisions you lose pay, Unfortunately, what is standard op- ers. However, it also made these kinds and when you lose pay that way it is erating procedure for people who work of adjustments, this kind of workplace not only not good for you, it is not for the Federal Government turns out flexibility illegal. The world is so dif- good for the country. to be outright illegal for people in the ferent now than it was then, it is al- Let me just talk to you about what private setting. Let me give an exam- most impossible to imagine. Instead of happens in the family and medical ple. If you work for a Federal agency 2 out of 12 mothers of school-age chil- leave situations where they have taken and you want to go see your daughter dren being in the workplace, it is 9 out time off. Now, the family and medical get an award on Monday afternoon of 12 mothers of school-age children leave Commission stated that the next week you can say to the boss this being in the workplace. So we flipped method that hourly employees used to Friday, ‘‘I would like to work a couple the statistics totally but we are still recover lost wages when taking family extra hours and then I can take off operating with the same approach—not and medical leave is that 28.1 percent early next Monday.’’ Now, your boss totally operating that way. We borrowed money. So, families had to go can let you work 2 hours this week and changed it for Government workers. in debt to meet their needs. And 10.4 you can take the 2 hours off next week, Of course, Government workers are percent, 1 out of every 10 hourly work- that is fine, you can see your daughter not the only people that have flexible ers who took time off under family and get the award. For a private employer schedules. The people in the board- medical leave had to go on welfare be- to do that is violating the law. It is rooms have flexible schedules. The boss cause of the money they lost. 41.9 per- against the law for a private employer never seems to have trouble with his cent, almost 42 percent, 4 out of every to be able to cooperate with his or her salary if he takes time off to play golf, 10 people, deferred paying their bills. Now, most Americans do not like not employee in such a setting. let alone to see a child at school. Peo- paying their bills. People would rather Now that really shocks most of us to ple on salary, the managers and the su- have the flexibility of keeping their think it is against the law for an em- pervisors—as a matter of fact, the ma- payments on time and on schedule. It ployer to help an employee in that re- jority of American citizens—have flexi- is cheaper when it comes to the inter- spect, but it is the truth. Similarly, if ble scheduling. It is estimated about 66 est you are paying, finance charges, the private employer says if you would million people have flexible scheduling and the like. Yet we put people in a sit- really like every other Friday off we and only 59 million who are the hourly uation where 41 percent put off paying will let you work 5 days at 9 hours a paid working people of America do not their bills, over 10 percent went on wel- day, that would be 45 hours one week, have the ability for flexible schedule. fare, and another nearly 30 percent had and then the next week you only have It is no wonder that the Pugh Founda- to borrow money. I think it is far pref- to work 35 hours and you can do that tion said that 81 percent of the working erable to be in a situation where we by working 4 days, take the fifth day mothers said, ‘‘We need flexible work- allow people to have the flexibility of off the second week, that private em- ing arrangements for the private sec- taking time off with pay instead of ployer, to pay a person the standard tor.’’ Obviously, that would be a great taking time off without pay. wages for doing that, is in violation of help to them. Now, there seems to be some devel- the law. Now you might add, ‘‘Gee, this It would be a great help, they be- oping consensus about the idea that is astounding. That should not be lieved, because they think that is what there should be some capacity for against the law.’’ It is against the law would help them. When you look at comptime. Comptime is one of the in the private sector. It is not against Federal workers who have had this items in this bill. It merely is the right the law for Federal Government em- plan—now, for well into the 1970’s—the to say to your employer, ‘‘I would rath- ployees. 1980’s and the 1990’s, they say at a 10 to er be given some time off with pay What is interesting is when you talk 1 ratio, ‘‘This is the best thing since later on than be paid for overtime.’’ We to Federal Government employees, sliced bread. This is something that is know that the law requires that you be they endorse this system overwhelm- very important to us.’’ paid for overtime at time and a half. ingly. The General Accounting Office, So, we are talking about a proposal This bill would allow a person to say, which is the Office which makes assess- which would extend to workers and ‘‘I would like to take time and a half ments about how well Government is working families the capacity to har- off with pay later on, instead of being functioning and what works and what monize these competing demands be- paid time and a half for the overtime.’’ does not work—too often they find out tween the workplace on the one hand People are shocked to learn it is what does not work—they made a and the home place on the other hand. against the law now to say I would like study of this particular proposal and I might add that I believe we are going to have some time off later on instead the way this works in the Federal Gov- to continue to have lots of people of being paid time and a half now— ernment. It was amazing that at a 10- working outside the home in America. time off with pay later on. to-1 ratio, Federal Government em- As a matter of fact, I do not know that Interestingly enough, the comptime ployees said this is something that America could be very competitive in part of this bill only addresses a pretty really helps, this is something we like. the world economy if we did not. These narrow group of American citizens be- This is something we want. This works. two-parent families where both parents cause the number of people who get Not only did the employees say it was are working outside the home and the regular overtime in our culture is pret- something that helped, that they want- single-parent family where the only ty low. As a matter of fact, in the 1996 ed, that worked, the employees also parent is working outside of the home Current Population Survey, women were found by the General Accounting are part of the muscle and fiber of the who work on an hourly basis—and Office to be more productive, their mo- American economy. We cannot do there are 28.9 million women who are rale was higher, and, obviously, those without them. The truth of the matter paid on an hourly basis in this coun- are the kinds of things we would like is we need to find ways to help them try—only 4.5 percent of them said they to extend all across our economy. harmonize the competing demands. get overtime work in a typical work Now, private, hourly paid workers in They need more time and more flexi- period. Even if you multiply that by America are deprived of these benefits. bility. five times, say you get up to 20 per- It is just that simple. It is against the What is interesting about the Federal cent, you are dealing only with one out law. People say, how in the world did system is that it allows you to earn of every five women in the work force we get a law that would make it your time off by earning a little bit at who would qualify for using comptime against the law for an employee and an one time and taking it off at another as a way of assuaging some of these employer to cooperate in this way? time. These flexible working arrange- tensions.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5160 CONGRESSIONAL RECORD — SENATE June 2, 1997 Since this system is a voluntary sys- be one way or another. You could this is a policy that is a win-win situa- tem for both employers and employees, maintain the opportunity to have over- tion and should be extended to all it is very easy to say that we will just time pay most of the time when you workers. It is a policy change which move ourselves beyond comptime—not had overtime, but you could on occa- should be considered high on the agen- to say it is not valuable, that it sion say, ‘‘I would really prefer to take da of the Senate, not on one party or wouldn’t be important, that it this time and a half off later than to the other, but high on the agenda of wouldn’t be wonderful to have. But if have the time and a half in pay.’’ the American people and should, there- we give ourselves the capacity for From the remarks we hear from the fore, be high on the agenda of the Sen- flexible working arrangements, where Democrats, I think they say they want ate. especially people could schedule over a the same thing. I believe they do have Let’s work together. Let’s come to 2-week period instead of a 1-week pe- an appreciation for the need of workers the floor. Let’s make proposals for riod to average out the 40-hour week, in this setting. amendments. Let’s work out our dif- indeed, people do have some of these If this is really the case, if everybody ferences so that we can respond to the benefits who are not traditionally the wants flextime, some have specific dif- President, who said he wants to have a recipients of overtime. ficulties with this bill, I hope that Sen- measure that addresses this issue, and Another thing that stuns me is the ators would come down and offer let’s find a way to do it in a way which fact that most of the people who get amendments. We are at a point where will benefit the people of this country. overtime are men. Overtime typically we need to begin to work out, fine Mrs. HUTCHISON addressed the focuses on industries that are male tune, and develop a bill which will re- Chair. dominated. There are about two men sult in the workers of this country hav- The PRESIDING OFFICER. The Sen- getting overtime for every woman that ing the benefits which all of us believe ator from Texas is recognized. is getting overtime. So even if you are they need and want. Mrs. HUTCHISON. Mr. President, I talking about the fact that overall, on According to all the accounts I have would like to talk for 5 to 7 minutes balance, you might be entitled to a heard, people want this bill on both just to augment the remarks of my col- third of all the hourly workers who get sides of the aisle. The President has league, the Senator from Missouri, who some type of regular overtime, or been heralding the benefits of flextime has done yeoman’s service on this enough of it to make a difference to for the last 2 years. In his State of the issue. help compensate meeting the demands Union Address, as part of his campaign, Senator ASHCROFT has worked on of their family and the home place and and as recently as the last several this issue for probably 6 months now, the workplace, one-third really is real- weeks, he spoke very favorably, saying trying to educate people on the impor- ly not addressing the problem of what that flexible working arrangements are tance of allowing this stress relief we ought to address. We need to ad- very important. Mrs. Clinton has made valve to be passed into law in America. dress this problem in a way which is statements on national television over I commend him for it. What he said comprehensive. and over again. was very, very important because, in So having flexible working arrange- Now we have a situation where we fact, the question I get asked when I ments for the entire population, and have gridlock in the Nation’s Capital. I am home and talking about this bill is, not just focusing the opportunity to as- think it is time for us to break that ‘‘Why is it necessary to have a law? suage attention on those individuals impasse. I think it is time to work out Why can’t people go in and ask their who are regularly recipients of the op- this measure. It is time for individuals boss to take time off on Friday after- portunity for overtime, is very impor- who say they have objections to the noon to see their children’s soccer tant. That is why the flextime part of bill to come to the floor and offer those game and make it up on Monday?’’ this bill is important. If we really want kinds of compromises that would ad- Most people in this country believe this bill to address the needs of women, just the bill so as to make it accept- that you can do this already. The big- of which only 4.5 percent get overtime able. gest surprise is that 60 million hourly in any typical workweek, according to We want a bill. The Democrats have workers in this country do not have the 1996 Current Population Survey, we said they want a bill. I think it is time this option. They do not have this op- really ought to make sure that we do to work together and to work out Sen- tion because the U.S. Congress in 1938 more than just have comptime legisla- ators’ concerns here on the Senate passed a law when only 10 percent of tion, that we have flextime legislation floor in the process in which the Sen- the women, the mothers in this coun- as well. ate is best served to undertake, and try, worked. It said you have a 40-hour President Clinton and many Demo- where the Senate works at its best, it workweek, and employers and hourly crat Senators have voiced support for works to the benefit of the American employees cannot violate the 40-hour flextime, the central idea within the people. workweek unless you pay time and a Family Friendly Workplace Act. Polls So let’s work together and hammer half for overtime work. Federal em- show that the vast majority of Ameri- out our concerns on the Senate floor. If ployees have the ability to go in and cans favor flexible work schedules. Senators dislike specific provisions or say, ‘‘I would like to work 38 hours this They want legislation that would give language in the bill, I say come down week and 42 hours next week.’’ Salaried them parity with Federal Government and offer your suggestions, your employees have the same option. But workers. Incidentally, comptime is available amendments. Let’s make sure that we 60 million hourly employees—the ones to every State local government work- don’t allow this bill to be one which who need flexibility the most—are not er. The Federal law makes it available fails to move because none of us is will- able to do it because of a law passed in as well. ing to consider change. Let’s try to say 1938 when 10 percent of the mothers in People would like to have legislation that since we all want this, let’s move this country worked. Today, two-thirds that would give them the opportunity it forward, place it before the Senate, of the working women in this country to choose scheduling options that and ask the Senate to act in its wisdom have school-age children. would help their families. on proposals and amendments so that When I talk to my friends who still Penn and Schoen, the President’s the will of the Senate might work out have school-age children, they say own pollsters, have reported that 75 the will of the people. what they need more than anything percent of America wants the choice of This particular opportunity we have else is time. They need time more than comptime. is a good one. It is one which I believe they need money. They need time with Last month’s Money magazine pub- can really benefit the working people their children more than anything else. lished a poll revealing that 64 percent of this country and will help us as a na- The stress of not being able to go to of the public overall, and 68 percent of tion as we move into the next century. the football game or the soccer game is the women, would occasionally prefer If the studies of the GAO were cor- what hurts them the most. time off in lieu of overtime if they rect, and 10-to-1 people think that this So why wouldn’t we give them the have a choice. is a good system when they have had a ability to go in and talk to their em- Nothing in this bill would make chance to live under it, and the morale ployer and have the flextime or the someone forever choose that it had to goes up and the productivity goes up, comptime that was described so ably

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5161 by the Senator from Missouri? Why stand. I don’t know why the unions So we are in a situation where this wouldn’t we do that? It is just good, would be against it. This doesn’t inter- legislation is put in the Chamber, old-fashioned, common horse sense. fere with union contracts. If there is a pulled back, put in, pulled back, put in, That is what it is. The people out in closed shop, a contract shop, a union and then a cloture petition is filed. We the country know that. They can’t shop, then this law isn’t in effect. The had a series of amendments that were even believe we are talking about it. union is able to do the negotiating. offered in the Labor Committee. These Only inside the beltway in Washington, But if there isn’t a union, why should amendments have been filed on the DC, would it be a question that two Government be in the way of allowing floor as well. I will address the pur- adults would be able to sit down and people the ability to have that time poses of these amendments later. We say, ‘‘I would like to work 38 hours this with their child at their soccer game or voted on this bill in the committee, week and 42 hours next week, or I their football game or their Little and there was no effort to delay. There would love the ability to work 2 extra League Baseball game? Big brother were only, I believe, six or eight hours 4 days a week and take Friday Federal Government should not be in amendments, and I think there have off,’’ as Federal employees are able to the way, nor should big brother unions been just about that number that Sen- do. People want the ability to manage be in the way, because this does not af- ators on this side of the aisle have filed their own time without taking a pay fect union contracts. But there are a on the legislation. So we should be cut. lot of people in those 60 million hourly under no illusion that there is any in- You know when the President talks employees who do not have a union terest in undue delay on the measure. about flextime, he is talking about contract that also are precluded by law Madam President, it is very difficult nonpaid time. We don’t want a person from this flexibility. And, Mr. Presi- to disagree with the needs of the par- to have to forego the mortgage pay- dent, we don’t think it is right. We ents in the situations described by my ment or the car payment. We want peo- want to do something about it. good friend and colleague from Texas, ple to be able to budget, to know, That is what the Ashcroft bill does Mrs. HUTCHISON, or my friend from ‘‘This is what I am going to have for for the working people of this country. Missouri, Senator ASHCROFT. They dis- spending, this is what I am going to I hope that our colleagues on the cuss cases where the parent needs a lit- have to spend, this is my budget, and I other side of the aisle will allow us to tle extra time for the meeting with the do not want to give up the 2 hours of get this bill on the floor. Stop filibus- schoolteachers or for the dental ap- pay. But if I can keep on an even keel tering it. Stop stonewalling. Let us get pointment or for other kinds of activi- with my budget and be able to have the this bill on the floor. Let us have the ties. We are all in agreement on the flexibility in time, that is what I need debate. Let us have the amendments. importance of those needs. most in the world right now.’’ Whatever is appropriate we will work But that is not what this bill is all Mr. President, the Senator from Mis- with if we can just get it on the floor. about. That is what the Federal em- souri and the Senator from Texas are Right now, for the last 4 weeks, 5 ployees protections are all about, going to try to make sure that the 60 weeks, we have just been trying to get which we support, but that is not what million employees in this country who the Democrats to agree to let us bring this legislation is all about. I will just are not now able to sit down with their it up. It is being filibustered. The time take a few minutes to review what this employer and ask for their flextime or has come for everybody to stand up and bill provides. this comptime do, in fact, have that say, OK, I will put my amendments out I would think reasonable people ability. That is what this is about. there. We will vote them up or down. could say that we should not abolish The Senator from Missouri came up But let us let the working people of the 40-hour workweek, which has been with the idea that we should finally, America, the 60 million hourly employ- in effect for nearly 60 years to protect once and for all, since 1938, come into ees, have the same opportunities as workers from exploitation—that is why the real world. And the real world is Federal employees, State employees, it was put into effect. We all under- that two-thirds of the working women and salaried employees to be able to stand the need to look at the new glob- in this country have children in school. take off 2 hours on Friday afternoon al economy and consider new pro- They need relief. and make it up on Monday. grams, but I do not think we ought to So the Senator from Missouri and I That is what this bill is about, and I get away from old values. The old val- are going to try to give it to them by hope that our colleagues will allow us ues were that 40 hours of hard work for enacting flextime and comptime so to debate it and pass it and give this men and women in this country is people can work their normal hours or stress relief valve to the working peo- enough over the course of the week if have the flexibility to change their ple of America. workers are going to have any time at hours but keep their salaries constant. Thank you, Mr. President. I yield the all for their families. If employees need And it is always at the option of the floor. to work overtime, they should be com- employee to say, ‘‘I would rather have Mr. KENNEDY addressed the Chair. pensated at time-and-a-half in order to time or I would rather have money.’’ The PRESIDING OFFICER. The Sen- provide additional income for the fam- That is something that the Senator ator from Massachusetts is recognized. ily, particularly because they are going from Missouri was very careful to Mr. KENNEDY. Mr. President, as we to be denied the opportunity to be with make sure in his bill that be protected. start off today on this issue, I remind that family. That is the right of the employee to our colleagues and friends, there was So, if we are going to abolish the 40- say, ‘‘No, I do not want time-and-a-half really no effort on anyone’s part to hour workweek, I think we need to un- time; I want time-and-a-half money.’’ delay the consideration of this legisla- derstand where we are going. That has That should be the right of the em- tion. If you go back and review the been a protection for many, many ployee. But if the employee says, ‘‘Oh, amount of time we have taken on the years. If we are going to abolish over- thank goodness. What I really want to legislation, you will find no more than time pay in a 2-week period, as this bill do is to go to my child’s soccer game 4 or 6 hours of debate in total on the does, I think we ought to be able to dis- on Friday afternoon, and now I can go Senate floor. cuss that. I think it is fair to review and ask my employer for that time off We are being faced now with the bill once again who really has the whip and make it up next week and not have is being brought up this afternoon with hand in deciding whether that worker to worry about the car payment,’’ that a cloture motion. We have already been is going to be able to get time off to is what we are trying to do. That is the notified there will be no time tomor- participate in that teacher conference simple fact. It is why this bill is nec- row morning as the Senate will pause or see that school play. Is it the em- essary. And I commend the Senator to pay tribute to an outstanding Sen- ployee? Or can the employer just say, from Missouri for working to make ator, our good friend and colleague, no, you are not going to be able to do this happen. Senator THURMOND, who has had a long that. Then what recourse is available Why we are having so much trouble record in the Senate. We also know to that employee? You would think getting this bill on the floor for debate that we will be displaced tomorrow that two people sitting down would be is because it is being filibustered on afternoon should the budget report able to work out an accommodation so the other side, which I don’t under- come back before the Senate. that one person would be able to go to

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5162 CONGRESSIONAL RECORD — SENATE June 2, 1997 that teacher conference, but if the em- standards by which we should evaluate overtime worked. The Republican bill ployer is able to say, no, you cannot a comptime proposal? I think it would would result in both lower pay and less go, how does that benefit the em- be useful if we could establish fairness time off for workers than the Demo- ployee? There is virtually no hindrance as the criterion and then make the de- cratic alternative. It is easy to see to that employer simply saying, well, cision as to what legislation advances which piece of legislation is truly fam- you are just not getting off next week that goal. I believe there are certain ily friendly. or the week after for that basketball basic questions of fairness which Second, the Democratic proposal game or for that teacher conference. should be asked about each of the pend- makes it illegal for employers to dis- There is no remedy. If the employee ing comptime proposals. Does the pro- criminate in allocating overtime work. had the decision, then we would be posal prevent an employer from dis- Employers would have to make over- talking about an entirely different bill. criminating in allocating overtime time work equally available to those That is not what is before us in S.4. work between those workers who employees who want to receive over- That is not what is before us. That is choose time off and those who choose time pay and those who want to re- why I think we ought to be cautious overtime pay? Will it reduce the pay of ceive comptime. This is an essential when we talk about ending the 40-hour employees who are currently working protection for workers who have been workweek, when we talk about ending overtime and want to continue to re- receiving overtime pay and need the any premium pay for overtime with the ceive overtime pay? Is the proposal de- money. Nearly half of the hourly work- flexible credit hours in this legislation, signed to ensure that those workers ers earn $16,000 a year or less; 80 per- and when we skew the decisionmaking who choose comptime actually get a cent of them earn less than $28,000. process in favor of the employer rather net increase in time off to spend with Overtime pay on average constitutes 10 than the employee. It seems to me that their families? Does the plan protect or 15 percent of their annual income. we ought to examine this and try to employees who use comptime from any Their families need those dollars to address it. That is what I want to reduction in their health or retirement make ends meet. The Republican bill speak about this afternoon, about the benefits? Does the legislation contain would allow an employer to offer all different amendments that have been strong penalties to deter employer mis- the overtime work to those employees advanced and which I hope will be in- conduct in the operation of the who choose comptime and none to cluded in the bill. Then I hope the leg- comptime program? Is the value of an those who choose extra pay. In many islation will move forward. I would like employee’s accrued comptime pro- businesses, S. 4 would mean the end of just to mention those this afternoon to tected if the employer should become overtime pay. Such discrimination is the Senate. insolvent? terribly wrong, yet the Ashcroft bill Prior to the recess, the sponsors of S. The answers to these questions will would allow it. The Democratic alter- 4 attempted to invoke cloture, and tell us whether a particular version of native makes this discrimination ille- they failed badly, not by one or two comptime will truly empower workers. gal, and it is easy to see which legisla- votes but by seven votes. Every Demo- The Republican bill flunks this simple tion is truly family friendly. crat opposed cloture because the provi- test. S. 4 does not give the workers real On that point, we offered an amend- sions of S. 4 are clearly hostile to choices. It gives the employer the final ment in the committee to try to ad- working men and women. Two coura- say on when employees can use their dress that issue and it was rejected on geous Republicans broke with their accrued comptime. It will result in a a straight party line vote. party and joined with us in opposing pay cut, and it jeopardizes the health (Mrs. HUTCHISON assumed the cloture. That vote should have sent a and retirement benefits of many work- Chair.) strong signal to the Republican leader- ers. It will not even guarantee that Mr. KENNEDY. Madam President, ship that their bill contains provisions those who use comptime get a net in- thirdly, any creditable proposal to deal which are unacceptable to a great crease in the amount of time off they with employees’ desire for more time many Senators. have to spend with their families. And off to spend with their families must Those 47 Senators who opposed clo- the Ashcroft bill would abolish the 40- ensure the employee can take the time ture will not allow the advocates of S. hour workweek, one of the most funda- when he or she needs it most. A work- 4 to eliminate the 40-hour workweek. mental principles of American labor ing mother needs a particular day off Those Senators will not allow the spon- law for nearly 60 years. so she can accompany her child to a sors of S. 4 to impose a pay cut on Fortunately for American working school event or doctor’s appointment, American workers, and that is what men and women, there is a comptime not a day when it is convenient for her this legislation is really all about. proposal which passes this fairness boss. Nothing in the Republican pro- Those Senators will insist upon a test. The Democratic comptime pro- posal requires the employer to give her comptime bill which is fair to working posal offered by Senator BAUCUS, Sen- the day she requests. He can deny her men and women, one which allows em- ator KERREY, and Senator LANDRIEU request and she has no effective re- ployees—employees—to make the real guarantees the genuine employee course. The Democratic alternative decisions and choices. choice, which the Republican bill fails provides for real employee choice in Whether we take 1 more cloture vote to provide. using accrued comptime. or 10 more cloture votes, the result, I The substitute corrects the most se- If the time off is needed to care for a believe, will be the same. It should be rious defects in the Ashcroft bill. It in- sick child or other family member, the clear to all Senators that the extreme corporates many of the ideas proposed employee has an absolute right to take provisions of S. 4 will never be ap- by the Democratic members of the the time. When the time is being used proved by the Senate and they will Labor Committee as amendments dur- for other reasons, the employee can never become law. ing the markup. Unfortunately, each take the time if he or she has given 2 That is why many of us had hoped by was rejected on a party line vote. Let weeks notice and the absence will not now the advocates of S. 4 would have me highlight the key improvements. cause substantial and grievous injury moved away from their extreme posi- First, the 40-hour week is preserved. to the business. The difference between tion toward a more moderate, reason- This bedrock principle would be elimi- the Democratic and the Republican po- able comptime proposal. nated by the Republican bill. The sitions on this crucial issue is dra- The real debate in the Senate has Democratic alternative preserves the matic. Under the Democratic plan, em- never been about whether workers 40-hour workweek and ensures that ployees can take the time when they needed more flexible schedules. All 100 every hourly employee who works need the time, and it is easy to see Senators could concur in that goal. more than 40 hours will receive time- which proposal is truly family friendly. What this debate has been about is how and-a-half in either pay or comptime. We saw the resistance of our Repub- best to provide that flexibility, how to If the real purpose of comptime legisla- lican friends to the very modest design a system which genuinely em- tion is to provide employees with the amendment of our friend and col- powers workers rather than enhancing option of additional time off in lieu of league, Senator MURRAY from the the control of their bosses. It is time to extra pay, it should not reduce the his- State of Washington, that said let’s turn to the real issues. What are the toric standard of compensation for just have a 24-hour guarantee that a

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5163 mother or father who is working would in S. 4 as well. It shows how hollow the 6 p.m. This is a very popular option for be able to take up to 24 hours to go to promise of the Ashcroft bill really is. Federal employees. This, too, costs em- a parent-teacher conference or go to a This debate has never been about ployers not a penny more. But only a school event—just 24 hours. That was whether employees needed the option tiny fraction of employers use these or rejected. And why? The reason it was of more time off. We all agree, as I many other flexible arrangements rejected, I believe, is because it pro- mentioned earlier, that they deserve available under the current law. The vided for the employees’ protection. more time to spend with their families. Bureau of Labor Statistics found that You can say all you want that this The debate has always been about how only 10 percent of hourly employees are legislation leaves it up to the em- to make that opportunity real. It is allowed to use these or other flexible ployee, but the fact is, it does not. If about how to truly empower workers, schedules. Only 10 percent. We hear S. those who support S. 4 say that it does, not how to give increased control to 4’s proponents say, ‘‘Let’s give them we have the clarifying language to their bosses. The Democratic alter- half the day off on Friday, let’s give make sure it does do that. But they re- native achieves the goal of empowering them more flexibility during the sisted that in the markup; they re- workers; the Republican bill falls dra- course of the week, let’s let them have sisted the very reasonable proposal of matically short. an extra day off every other week’’—all the Senator from Washington for a 24- Madam President, with those kinds that is possible today, without a dime hour period over the course of a year. of alterations or changes, we would of overtime. You know something? That would have given the discretion have legislation that would be out of Only 10 percent of employees are per- to the employee. Republicans resisted here in very short order. It seems to mitted to do that at the present time. it because, under their proposal, the me that if we are going to do what is Current law offers a host of family employer is going to be the one who the stated purpose of this legislation— friendly flexible schedules, yet vir- makes that decision. That, I believe, is to give the employees the power to be tually no employers provide them. a very important and significant dif- able to make those decisions, to make Madam President, this bill has a dif- ference. sure they are protected in terms of ferent purpose, and that, I suggest, is Fourth, if employees are really going hourly pay—then we need to provide to cut workers’ wages. Employer to be able to increase the amount of those protections. We need to prevent groups unanimously support it. Obvi- time spent with their families, discrimination against workers where ously, it is not just the small busi- comptime hours must count as hours the employer says, ‘‘I’m always going nesses which wish to cut pay and sub- worked. The way the Ashcroft bill is to give overtime work to Jimmy here stitute some less expensive benefit in- drafted, if an employee uses earned because he always takes the comptime, stead. I have here, which I will have comptime to take Monday off, she can and I’m not going to give any to Sally printed in the RECORD, a letter signed still be required to work 40 hours dur- because she always takes the overtime by 9 to 5, National Association of ing that week. The boss can require her and I don’t want to pay that out.’’ We Working Women; American Nurses As- to work on Saturday and not even have just need to provide some protection so sociation; Business and Professional it count as overtime. we don’t have that kind of discrimina- Women; National Council of Jewish I want my colleagues to understand tion. Women; National Women’s Law Center; that the boss can say, ‘‘OK, you can These are basic elements of protec- and the Women’s Legal Defense Fund. take comptime off on Monday,’’ and tion for employees. Every one of these These have been the organizations, then can say, ‘‘Well, you will work on proposals that I have mentioned pro- during the time I have been in the Sen- Saturday,’’ and not even have it count vides additional power to the em- ate, that have fought for gender equity, as overtime pay. That can be 48 hours ployee. As I understand it, having lis- gender fairness, pay equity, non- during that one week. Of course, the tened to the debate, giving employees discrimination against women. They bill eliminates the 40-hour workweek some power is the primary reason at have been the ones who have fought for in any event, so there are any number least some say they support this legis- the increase in the minimum wage, day of hours that employees can be forced lation. care programs, expansion of Head to work. Or, the employer can require I think it is important to emphasize Start—the whole range of different the employee to work 10 hours a day the extent of flexibility in the 40-hour family friendly programs. They are on Tuesday through Friday and not have workweek at the present time. If em- record in each and every one of them. it count as overtime. Thus, under the ployers—and this is today—genuinely This is their conclusion in reviewing Republican comptime scheme, she want to provide family friendly ar- this legislation: would not even gain extra time to be rangements, they can do so under cur- We believe that passage of S. 4, the Family with her child. The hours gained on rent law. The key is the 40-hour week. Friendly Workplace Act, fails to offer real Monday would be lost by Saturday. Normally, employees work five 8-hour flexibility to the working women it purports There would be no net benefit in time to help while offering a substantial windfall days a week, but more flexible arrange- to employers * * * off to the employee. This absurd result ments are possible. Employers can Nearly half of the workforce is women and is due to the fact that the authors of S. schedule workers for four 10-hour days the number of women working multiple jobs 4 have refused to count hours of a week with the 5th day off and pay has increased more than four fold in the last comptime as hours worked. That little them the regular hourly rate for each 20 years. S. 4 would affect hourly workers change, comptime as hours worked, hour. No time-and-a-half is required. and most hourly workers are women. The would avoid that. We offered that as an majority of minimum wage workers are They can arrange a work schedule of women. Many of these women depend on amendment. It was rejected. My Re- four 9-hour days plus a 4-hour day on overtime pay. Many of them want more con- publican colleagues rejected an amend- the 5th day so they can have Friday trol of their schedules, not less. Without ment to give the employees the ability afternoons off, again without paying a strong protections for workers, the comp to make the decision about the time dime of overtime. That can be worked time bill will cut women’s options and wom- off. My colleagues on the other side of out today without a dime of overtime. en’s pay. For example: the aisle rejected our amendment to Under the current law, some employ- Someone pressured into taking comp time count comptime hours when used as ees can even vary their hours enough when she really wants or needs overtime pay is taking an involuntary pay cut. hours worked, which would provide to have a 3-day weekend every other That is the example I used earlier. that protection from exploitation. week. Once again, the employer does That was rejected by the supporters of not have to pay a dime of overtime. Supporters argue S. 4 is voluntary and the employees have a ‘‘choice,’’ yet working S. 4. Thus, the employees using the That flexibility is totally legal under women, who for decades faced subtle (and comptime will enjoy no increase in current law. not-so-subtle) forms of discrimination, are their free time. Our Democratic alter- Employers can also offer genuine all too familiar with the potential con- native provides that protection. Again, flextime. This allows employers to sequences of not going along with the em- it is easy to see which proposal is truly schedule an 8-hour day around core ployers’ wishes: isolation, intimidation and family friendly. hours of, say, from 10 to 3. Let employ- even retaliation; The Baucus-Kerrey-Landrieu legisla- ees decide whether they want to work As I mentioned in our earlier debate tion corrects a number of other flaws from 7 a.m. to 3 p.m. or from 10 a.m. to on this bill, in 1996 more than 170,000

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5164 CONGRESSIONAL RECORD — SENATE June 2, 1997 workers received backpay because Mr. KENNEDY. Madam President, ership on this issue. I know of no one in their employers failed to pay over- this isn’t just my own conclusion. The this body more committed and more time—in violation of Federal law. observations made today reflect a wide dedicated to the American family than Those employees received over $100 range of different groups, those groups the Senator from Missouri. And he million for those violations, in the last primarily that have been fighting for demonstrated that I believe in his year alone. That is what is really hap- the working men and women of this sponsorship and his championing of pening in the workplace. country. The groups opposing this bill this cause and this bill. Because employees do not control when include not only the League of Women This bill will give American workers and if they use their comp time, they are es- Voters, but the National Women’s Po- the flexibility to take paid time off for sentially being asked to gamble on the litical Caucus, the National Council of any reason by simply working those chance that they will be able to take time Senior Citizens, the National Council hours in advance, paid time off. I know when it is as valuable to them as overtime of Churches, and the Disability Rights there are many in this body who have pay * * * Education and Defense Fund. The list worked hard for family and medical Women want flexibility in the workplace, goes on and on, for these reasons: this but not at the risk of jeopardizing their over- leave. That is unpaid family medical time pay or the well-established 40-hour bill, S. 4, gives the ultimate decision to leave. Most in the U.S. Senate voted work week. the employer rather than the em- for the Family and Medical Leave Act, Madam President, I ask unanimous ployee. the unpaid Family and Medical Leave This isn’t Federal employees where consent to have printed in the RECORD Act. Therefore, it puzzles me that so the employee has the right to take the this letter I just referred to. many of those who championed family time off. This is a different arrange- There being no objection, the letter and medical leave on a voluntary and ment which, under any fair reading, was ordered to be printed in the unpaid basis will now oppose this legis- would give the employer the control. lation which will provide workers paid RECORD, as follows: Without the protections that I have AMERICAN NURSES ASSOCIATION, time off for any reason by simply mentioned, this would be the result. working those hours in advance. Washington, DC, May 30, 1997. We have to ask today whether we Hon. TRENT LOTT, want to risk abolishing the 40-hour It would make it possible, this bill, Hon. TOM DASCHLE, for modern families to harmonize the U.S. Senate, Washington, DC. workweek, effectively abolishing over- time pay for workers who are on the ever-increasing demands of family life DEAR SENATOR LOTT AND SENATOR and the workplace. Many employers DASCHLE: The undersigned national organiza- lower rungs of the economic ladder. tions represent many of the working women Some 60 percent of those workers earn have done their best to try to build of today. We believe passage of S. 4, the $16,000 a year; 65 percent of them have some flexibility under the current law. Family Friendly Workplace Act, fails to no college education. In so many in- And they have found themselves re- offer real flexibility to the working women it stances, they are working not just one peatedly in a virtual straitjacket. purports to help while offering a substantial job but two or three jobs in order to This legislation will provide them windfall to employees. We urge you to delay make ends meet. Those are people who that much-needed flexibility to work consideration until a real solution can be with and on behalf of those whom it is found which truly meets the needs of work- are struggling at the bottom rung of ing women and families. the ladder and depend upon the over- their best interest to help, their em- Nearly half of the workforce is women and time just to get those resources to be ployees, their own workers. This is an the number of women working multiple jobs able to try to bring up a family. Sure, issue which has been recognized by has increased more than four fold in the last they would like to spend more time those on both sides of the aisle as being 20 years. S. 4 would affect hourly workers, with their family and, sure, they ought crucial to the future of the American and most hourly workers are women. The to have some opportunity to do that. family in this country. Mothers need to majority of minimum wage workers are We support that. But we are going to be able to leave work early to attend women. Many of these women depend on make sure that when that judgment is parent-teacher conferences or whatever overtime pay. Many of them want more con- trol of their schedules, not less. Without made, that that employee is the one else may be important to the welfare of strong protections for workers, the comp who is going to make the judgment, their families. Fathers need to be able time bill will cut women’s options and wom- not the employer because they want to to take off work early to go coach their en’s pay. For example: someone pressured see a pay cut for hard-working Ameri- children’s Little League team or some into taking comp time when she really wants cans. other worthy activity that will benefit or needs overtime pay is taking an involun- That is basically what the issue is be- their families. tary pay cut; supporters argue that S. 4 is fore us in the U.S. Senate. Without S. 4 amends the Fair Labor Stand- voluntary and the employees have a these kinds of protections that we have ards Act that applies to private-sector ‘‘choice,’’ yet working women, who have for talked about today, that would be the decades faced subtle (and not-so-subtle) employees. That is those employees forms of discrimination, are all too familiar result, a significant pay cut for those currently not eligible for comptime or with the potential consequences of not going that are working on the bottom eco- flexible work programs. The individ- along with the employers’ wishes: isolation, nomic rungs of the ladder. That is uals that I am referring to hold hourly intimidation and even retaliation; and be- wrong. That is unfair. positions such as clerical workers, me- cause employees do not control when or if The measure that has been intro- chanics, other low- or mid-level jobs they can use their comp time, they are es- duced by the Democrats as a substitute that provide the backbone of our work sentially being asked to gamble on the provides protections to deal with those force. The very individuals who need chance that they will be able to take time issues. But we have been unable to be when it is as valuable to them as overtime flexibility the most are those who cur- able to get acceptance of that proposal. rently are denied it under the current pay. Therefore, we stand in opposition to S. S. 4 must be defeated. Women want flexi- law. bility in the workplace, but not at the risk 4. Mr. HUTCHINSON addressed the The Labor Department recently con- of jeopardizing their overtime pay or the cluded a report to the Nation and to well-established 40 hour work week. Chair. The PRESIDING OFFICER. The Sen- President Clinton entitled ‘‘Working Sincerely, Women Count.’’ Hundreds of thousands 9 TO 5, NATIONAL ator from Arkansas. ASSOCIATION OF WORKING Mr. HUTCHINSON. Madam Presi- of working women were surveyed and WOMEN, dent, it is with a great deal of enthu- the results speak volumes about the AMERICAN NURSES siasm that I rise to voice support for S. priorities of these women in the work ASSOCIATION, 4, I think the aptly named ‘‘Family force today. The No. 1 issue for these BUSINESS AND Friendly Workplace Act.’’ I think that women was how difficult it is to bal- PROFESSIONAL WOMEN, is exactly what this bill does. It pro- ance work and family obligations. NATIONAL COUNCIL OF vides some friendliness in the Fair Their concerns are exactly what S. 4 JEWISH WOMEN, NATIONAL WOMEN’S LAW Labor Standards Act for the employ- is designed to address, how to continue CENTER, ees, for the workers in this Nation. meeting their responsibilities at work WOMEN’S LEGAL DEFENSE I want to compliment and commend while also meeting their responsibil- FUND. the Senator from Missouri for his lead- ities at home to their families.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5165 Why do we need a bill like the Fam- heard that word. Not by pressure. I flexible work schedules since 1978, ily Friendly Workplace Act? The cur- heard that word. But they voluntarily while private-sector employees must rent laws dealing with the workplace desire that option and would take it still operate under the rules estab- were developed in the 1930’s. There are were it made available to them. lished almost 60 years ago. some who feel content. They feel that Then Money magazine recently con- Furthermore, the comptime and flex- those 1930 laws, as well-intended as ducted a poll which concluded that 64 time provisions of the bill are com- they were, should be set in concrete percent of Americans and 68 percent of pletely voluntary and do not affect col- forever, never amended, never changed women would rather have their over- lective bargaining agreements. except to make periodic changes in the time in the form of time off rather Some would like to portray this bill minimum wage. than cash wages. Madam President, the as a coercive attempt to undermine the But the fact is, life in America has evidence is overwhelming, the Amer- unions. Nothing could be further from changed dramatically in the last 60 ican people want more flexibility in the truth. S. 4 is a bill that recognizes years. The structure and the composi- their work schedules. the importance of one particular union, tion of the typical American family This bill provides it. The Family and that is the union of family, a has changed dramatically in the last 60 Friendly Workplace Act guarantees all mother, a father, children, and the re- years. And it is time that we reflected Americans the right to have this flexi- lationship that they have to their em- those changes in the Fair Labor Stand- bility. Unfortunately, many mis- ployer. And this bill will enhance that ards Act. conceptions have been perpetrated contractual agreement. It will enhance In 1940, just 2 years after the passage about what this bill actually does. that union that exists within family. It of the Fair Labor Standards Act, 67 Let me just set the record straight will put a modicum of flexibility and percent of all American families were on what I believe are some gross reasonableness into labor law and into comprised of a husband that worked mischaracterizations of this legisla- workplace management. outside the home and a wife that did tion. The single most important thing So let me just say, in concluding my remarks, there are two things I think not. More than two-thirds of American that the American worker needs to are absolutely essential to remember. families fit that basic model in 1940, know about the Family Friendly Work- No. 1, it is voluntary. I am so tired of just 2 years after the passage of the place Act is that its provisions are hearing the words ‘‘pressure’’ and ‘‘in- Fair Labor Standards Act, and only 9 completely—completely—voluntary. timidation’’ and ‘‘coercion’’ because percent of families had two working As I was listening to debate here on the language of this bill is absolutely spouses. Today that is no longer the the Senate floor I was turning through plain and clear that that is not only case. Not only is it no longer the case the bill. It is always helpful to read the not tolerated, it is illegal, whether it is it is just about the reverse, it is just bill. I believe the language is very implied or otherwise, and the sanctions about the opposite of that. plain and unequivocal: and the penalties are actually en- By 1995, only 17 percent of families An employer that provides compensatory had husbands that worked while the hanced over current law. time off under paragraph 2 to an employee The second thing that I urge my col- wife stayed at home. In 1995, only 17 shall not directly or indirectly intimidate, leagues to remember is not only is it percent had that kind of classic Ozzie threaten, or coerce or attempt to intimidate, voluntary, but it is tried and it is and Harriet household. Only 17 percent threaten or coerce any employee. So the most important thing to re- proved and has been successful. Federal fit that model 2 years ago. In addition, employees have enjoyed this, and it is almost 70 percent of single women member is that the provisions of this bill are entirely completely voluntary. high time that we gave the workers of headed families with children. America the same benefits that Fed- So again, I point out, Madam Presi- No employer can force a worker to eral employees have enjoyed for years. dent, the Department of Labor’s own take time off rather than overtime pay. In fact, S. 4 imposes criminal and And it is voluntary. You cannot coerce study revealed that the No. 1 issue it. It is absolutely and totally vol- women wanted to bring to the Presi- civil penalties on employers who at- tempt to coerce or intimidate their untary and it has been proven it works. dent’s attention is the difficulty of bal- It is time we extend those benefits to ancing work and family obligations. employees into taking time off in lieu of overtime pay. Those penalties are others. Recent polling data reflects that 81 This bill takes a giant step in alter- increased. Flexible time can only be percent of women support flextime pro- ing the all-too-obvious dilemma Amer- initiated at the employee’s request. So posals, and 31 percent of women who ican workers presently face in trying worker protections would really be work full time say the ability to work to balance family and work respon- greater under this legislation than flexible hours is the single most impor- sibilities. I urge my colleagues to put tant policy reform that could be insti- under current law. And it is, I say families first and support S. 4. tuted in the workplace to ease this di- again, totally—totally—voluntary. Madam President, I yield the floor. lemma, this struggle of balancing a Another misconception is that work- Mr. KENNEDY addressed the Chair. family and work pressures, to reduce ers would only be able to take the time The PRESIDING OFFICER. The Sen- stress, and to increase productivity. off at the discretion of their employers. ator from Massachusetts. So, 8 out of 10 women support the S. 4 allows an employee to take time Mr. KENNEDY. Madam President, I concept of this bill championed by Sen- off within a reasonable period after was very interested in the comments ator ASHCROFT of Missouri. Nearly one making the request as long as their ab- that the good Senator was making, out of three put flextime at the very sence would not unduly disrupt the em- saying this is a completely voluntary top of the list of workplace reforms ployer’s operations. provision. Let me point this out. If an that will provide help to the family. This standard has been used since individual worker says, ‘‘Well, if I’m I know I have been talking mostly 1985 for Government employees. It has going to work overtime, I want my about how this bill will benefit women resulted in very few disputes, and most time and a half. And, therefore, since in the work force. But it is not just notably has won rave reviews from the system is completely voluntary, women who feel so strongly about this these Federal workers who have had I’m not going to sign up for the issue. A poll conducted by Penn & this option made available to them. comptime. I’m not going to sign up for Schoen Associates showed that most They have not seen themselves as the flextime. I’m going to maintain the 40- Americans prefer options in compensa- pawns of management. They have not hour week, and anybody who thinks tion for working overtime. They want seen themselves abused, but rather that this is going to allow discrimina- options, they want more flexibility. they have seen this as an option that tion just doesn’t understand it because In fact, 75 percent favor allowing em- they wanted to take advantage of. I’m going to be able to maintain my ployees the choice of getting time and They have approved of it. It has rights.’’ a half either in wages or as time off, 75 worked admirably. It has won rave re- Well, that is a wonderful rhetorical percent favor that. Madam President, views. statement, but it just does not take 57 percent would take time off instead It is interesting to note that Federal into account what is happening out in of being paid if that option were made employees have enjoyed a compen- the workplace. Because you have John- available to them. Not by coercion. I satory time-off option since 1945, and ny over here who says, ‘‘I’m going to

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5166 CONGRESSIONAL RECORD — SENATE June 2, 1997 maintain my rights, I’m not going to pendent Businesses’s explanation of saying that the issue of coercion is dif- let the employer decide when I can why they support this bill. ferent from the issue of discrimina- take comptime or flextime. I’m going Who are the people affected by this tion? to take the overtime pay after 40 hours legislation? To understand the real- Mr. ASHCROFT. No, what I am say- a week.’’ The employer says, ‘‘OK, if world impact of the bill, you have to ing—— you do that, I’m going to give the work look at the workers currently depend- Mr. KENNEDY. Do you agree that to Bill and Harry over here. So you, ing on overtime pay to make ends you can have discrimination without Johnny, you’re not going to get any meet. Forty-four percent of those who coercion? overtime work because Bill and Harry depend on overtime earn $16,000 a year Mr. ASHCROFT. Not under the bill. are going to take comptime and or less. More than 80 percent have an- Mr. KENNEDY. Then why do you not they’re going to take flextime. So nual earnings of less than $28,000 a add the word ‘‘discrimination’’? If you you’ll never get overtime work as you year. That is, 80 percent of them earn added that this afternoon, that would get today.’’ less than $28,000 a year. A single mom be real progress. I think there is a dif- That is the reality of the workplace. with two children, $28,000 a year. That ference between coercion and discrimi- You can stand up here all day long— is at the top level of those who are nation. Without coercing somebody, I and I have heard Senators say, ‘‘This is working overtime. These are people can say I will not give overtime work completely voluntary, because if I who need every dollar they can earn to that person. That is not coercing don’t want to participate I don’t have just to make ends meet, men and that person, as I interpret it. That is to. I’ll be protected by the 40-hour women supporting families. discriminating against that person be- week. I’ll be able to get my overtime.’’ If this bill passes, many will lose the cause they will not take comptime or But that does not reflect what is hap- overtime dollars they need so badly. they will not go along with the flexible pening out there in the workplace Employers will give all the work to the credit hours, which is straight time. I today. employees who agree to take the call that discrimination, not coercion. You have the three workers. He says, comptime. There will not be overtime Mr. ASHCROFT. Will the Senator ‘‘I’m going to stick with the 40-hour work for those who insist on being yield? week. And I want my overtime pay.’’ paid. Mr. KENNEDY. Sure. The others say, ‘‘I’ll do the flextime. I Under the Ashcroft bill, discrimina- Mr. ASHCROFT. This defines intimi- will not take the overtime,’’ The flexi- tion in awarding overtime work will be dation, and it says it includes ‘‘prom- ble credit hour provision provides what perfectly legal. Does anyone honestly ising to confer or conferring any ben- they call straight time, which means believe it will not happen? Does anyone efit such as appointment,’’ which they will work overtime but they will honestly believe if the employer has means to appoint the person to do the still get paid the same amount they the choice between paying someone 11⁄2 overtime, or promotion, or compensa- got for the first 40 hours. That is in the times or paying someone in flexible tion, to give a person a benefit, which bill. Or the next one says, ‘‘I will take credit hours, which is straight time, the overtime is clearly a benefit. That that in comptime and I will take that does anybody believe the employer will is the whole thrust of your argument. time off next week.’’ not choose the less expensive option? If you do that, your discrimination Now, who is the employer going to Mr. ASHCROFT. Will the Senator qualifies as intimidation under the def- choose when it comes to awarding yield? inition on page 40. But maybe we can overtime work? What the Democrats Mr. KENNEDY. I am happy to yield clarify this with an amendment. That said is, ‘‘OK, if you are going for these to the Senator. is one of the reasons I have said I programs, we want a provision in there Mr. ASHCROFT. If you mean for the would welcome Members to come to that you will not discriminate against question to be totally rhetorical, I the floor. that person who needs the overtime would not. But I believe there are rea- Mr. KENNEDY. I would be more than pay.’’ Were the Republicans willing to sons in the bill which indicate that glad to offer that amendment this take that? Absolutely not. Absolutely such coercion would not exist. First, I afternoon to make that clear, and we not. The Republicans claim that work- do not think it is automatic that it could accept that this afternoon and ers are going to be able to make a deci- costs an employer less to have an em- move ahead. I would consider that very sion on their own, without coercion. ployee to accept comptime and have to important. But the fact is that they are going to maintain books for the compensatory With all respect to the Senator, I find be discriminated against in the work- time and also have the cash available an important difference in the defini- place because they are not going along. for an employee to be paid the compen- tions of coercion and discrimination. If When we tried to remedy that situa- satory time at the worker’s option. the Senator believes that other parts of tion with an amendment, the Repub- If you look at the bill on page 15, it the bill’s definition of coercion some- licans said no. says, ‘‘Prohibition of Coercion,’’ and it how prohibit discrimination, and there- Now, I find it difficult to believe that says, ‘‘shall not directly or indirectly fore employers cannot discriminate, this is really voluntary and it really intimidate, threaten, coerce or attempt perhaps we could clarify that issue by will not affect those workers who do to do so,’’ and again on page 39, ‘‘an using those words, discrimination. If not want to participate. Of course it employer shall not directly or indi- we could achieve that, we would have will affect those workers. They will rectly intimidate, threaten, coerce or made very important progress. I of- have their pay cut because they will attempt to do so.’’ fered an amendment to accomplish pre- never get the overtime work. Those Mr. KENNEDY. If I could, please tell cisely this. My amendment made it un- who need the overtime pay the most me where coercion is defined in the lawful for an employer ‘‘to qualify the will never be assigned overtime work bill. I would be interested. availability of work for which mone- again. They will be hurt the worst. Mr. ASHCROFT. Page 40—thank you tary overtime compensation is required That is why we are trying to bring in for asking—definition: ‘‘The terms in- upon the request of an employee for ac- that provision, so we will not discrimi- timidate, threaten or coercion include ceptance of compensatory time off in nate. This bill allows that. I think it promising to confer or conferring any lieu of monetary overtime pay.’’ So if demonstrates what the bill’s real pur- benefit, such as an appointment, pro- you are willing to include those words, pose is. motion, or compensation, or affecting I think we would have made some very This is, basically, Madam President, or threatening to affect any reprisal important progress. That is one of the about reducing overtime pay. That is such as deprivation of appointment, important improvements that we are the testimony we had before the com- promotion, or compensation.’’ It seems trying to achieve. mittee. The National Federation of to me that is exactly what you are Mr. ASHCROFT. I am happy to try to Independent Business, one of the prime talking about. work together with our staffs to see if organizations that supports this told Mr. KENNEDY. No, it is not. Are you we can meet a mutual understanding of our committee that ‘‘Small businesses are saying that the definition of coer- language. It is not my intent to draft a can’t afford to pay overtime.’’ That cion includes discrimination in the measure that would allow the employer was the National Federation of Inde- award of overtime work, or are you to withhold the benefit of additional

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5167 overtime or opportunities from an indi- classic low-wage jobs. These employees The key to this legislation is very vidual based upon their commitment to really need the money they earn from clear. What is the power of the em- take either comptime as opposed to overtime. ployee? Is the employee going to be paid time or paid time as opposed to We discussed in our committee how making the judgment, as provided in comptime. The decision should be neu- the new economy, Madam President, the Democratic alternative bill, as to tral. was creating two categories of workers. when that time can be taken off? Or is Mr. KENNEDY. I appreciate the Sen- The highly educated people are doing it going to be the employer who will ator’s position on that. I do feel that well, but those with limited education choose, as S. 4 provides? The Ashcroft has to be spelled out in the legislation are struggling, and it is increasingly bill says that, when an employee has because of the types of industries that difficult for them to earn a good living. accrued the comp time and wants to we have been talking about here, for They depend on overtime. Their jobs use it, the employee ‘‘shall be per- those individuals working in those in- are hard, but they perform them with mitted by the employer of the em- dustries have been subject to a great dignity and commitment. They are ployee to use it within a reasonable pe- deal of exploitation, as the Senator doing their best to provide for their riod of time.’’ knows—I will not take the time now, families. We cannot pass a bill to allow Does that mean workers are going to because I mentioned it earlier—both in employers to cut the pay those workers be guaranteed the ability to go to that terms of meeting minimum wage receive now. school meeting next Monday afternoon, Madam President, I think if we were standards and also in terms of over- or go to the dentist a week from to go across the face of this country, time standards. We are talking about Wednesday, or go to that school play, we would find that most workers feel hundreds of thousands of workers every or go to that athletic event in the mid- they are working longer hours. They single year. dle of next week? It says, ‘‘shall be per- I certainly appreciate what the Sen- are working longer hours than they were 20 years ago, about 200 hours a mitted by the employer of the em- ator says about his desire to make sure year more than they were working 20 ployee to use such time within a rea- that the legislation is not going to lend years ago. Most of them feel they are sonable period after making the re- itself to exploitation. It is my own ex- working longer, they are working hard- quest, if the use of the time does not perience, and I think the experience of er, and they are not making much unduly disrupt.’’ What is unduly dis- many others, particularly those people progress toward reaching the American rupt? The employer says, ‘‘I have to who are working in those working con- dream. get those products out to the market. ditions, that there would be, in too I saw the National Association of We can’t have you leaving in the mid- many instances, a contrary result. I Business Economists was talking about dle of next week.’’ That is the end of am sure there will be many employers poll results that for the first time the story. Is there any opportunity for who would not abuse this system, but I found that more than half of the Amer- this employee to say, ‘‘Wait a minute; think we need to provide those kinds of ican people believe that the future for let someone else, a neutral person, protections. We will welcome the their children is not going to be as make a decision on this?’’ Absolutely chance to work on this. good as their own standard of living. not. The employer makes that judg- I was addressing, Madam President, We have always, as a country and a so- ment. It is stated here. the overtime provisions. I will not be ciety, believed that future generations If the employer makes that judgment long. It does reflect the vulnerability were going to have better opportunities that the employee’s use of comptime of these individuals in the work force. for success, and there are a variety of will unduly disrupt, he will give the We are talking about these individuals measures that impact the well-being of time off 3 weeks from now rather than who do not have the protection of any those workers. Obviously, there are the time when that individual wants of the unions and are subject to, in too wages, the key element; the education and needs it. Those are the provisions many instances, harsh working condi- of their children; decent health care; of the legislation. It does not give the tions. whether they will have any kind of choice to the employee. As I mentioned, the people who will pension system down the road. Of That is the dramatic difference be- be hurt the most are the most vulner- course, very, very few of these workers, tween this bill and the bill that has able workers. Fifty-six percent have ever have any kind of pension. That been proposed by the Democrats. The only a high school diploma or less. You does not exist for the kind of workers Democratic alternative would provide know how hard it is to get ahead, no we are talking about here today. The for the employee to be able to take matter how hard you work, without challenges they are facing in terms of that time. It would guarantee that more education. Millions who rely on inner cities, of rural communities, in workers could take that time if they overtime earn only the minimum wage. terms of safety and security, won- needed it to take care of a sick child or Sixty percent of them are women. One- dering about the air they breathe, the a family member. That is an absolute third of them are the sole breadwinner water they drink, all of those issues right. And when the time is being used in their families, and 2.3 million chil- are out there. They are facing an ex- for the other reasons; that is, the ball dren rely on parents who earn the min- traordinarily challenging time for game, the parent-teacher conference, imum wage, parents who hope their themselves and for their families, the employee can take the time off if children will not get sick because they working harder and not getting very she has given at least 2 weeks notice cannot afford a doctor and cannot af- far ahead. and the use of the time will not cause ford the health insurance. Now we are asking them to roll the grievous injury to the business. That is Interviews conducted by the Women’s dice on legislation. Will we offer them the difference. Legal Defense Fund demonstrate the legislation that will abolish what pro- Are we going to risk abolishing the sacrifice American women make in tection those workers have under the 40-hour week, or are we willing to give support of corporate flexibility, such as 40-hour week, and allow employers to the employee greater flexibility to be a waitress who is involuntarily tell them they will work 60 hours 1 able to do the kinds of things that have changed to a night shift despite the week and 20 hours the next? Or will we been identified which parents want to fact she has no child care for evening give workers the right to decide wheth- do and need to do for their children’s hours. One working mom says, ‘‘My life er they want to work longer and maybe upbringing? That is the basic question. feels I am wearing shoes two sizes too get that additional money, maybe not I think we ought to at least be able small.’’ Thousands of these workers al- see their children as much, but at the to consider the Democratic alternative ready work two jobs to make ends least offer their children a better qual- before we obtain cloture. I understand meet, and they need to work every ity of life? Sixty hours of work in one that we would not be able to consider hour they can. week—where are workers going to get the Democratic alternative prior to Let me give a few examples of these the day care under such a schedule? cloture. people: 400,000, half of them women, Where are they going to be during that It is my understanding that we will work two jobs in the food service in- week if their child gets sick? How does be having a cloture motion filed this dustry; 200,000 are cleaning and build- it help them to work 20 hours the next afternoon. ing maintenance workers. These are week? Mr. ASHCROFT addressed the Chair.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5168 CONGRESSIONAL RECORD — SENATE June 2, 1997 The PRESIDING OFFICER (Mr. better shape in our culture. They get ade of the 1980’s, now well through the ALLARD). The Senator from Missouri. more of the overtime than the women 1990’s, we have had the system in place. Mr. ASHCROFT. Mr. President, we do. There are about two men getting I have been in the Senate now going may or may not be able to have the overtime for every woman getting on 3 years. I have yet to have a single cloture motion filed this afternoon. overtime. Federal employee come and complain But to make a difference in terms of But if we do nothing more than pass to me about this system. There is no working out some of these measures, I the comptime part of this bill, we are bill pending in the U.S. Congress that would be pleased to see the cloture mo- going to leave behind too many men would change this system. This is a tion held over until Tuesday so that and too many women. We need to have benefit. It is a clear, unmistakable ben- the cloture vote could be held until flexible working arrangements on a efit. It is something that workers use. Thursday. broader level to meet the needs of the They subscribed to the flexible working I think it is important for us to get families, the families with children, arrangements benefits so aggressively together and work on this measure. It that do not have regular overtime. early on that it has provided some dif- is important for us to understand that They get sick. Children in families that ficulty in getting people to work on we agree that families need more time. do not have regular overtime get Friday. It has taken cooperation and I believe we have an agreement that we awards—they have parent-teacher con- some scheduling. But that has hap- want workers to have a real choice and ferences. pened. a choice that is meaningful to workers. Of course, in one respect it is impor- There is much talk about the fact of That is one of the reasons we put the tant to say that, if you have comptime the suggestion that we are without second level of choice into the bill. We or flextime under this bill, you don’t protections in this bill. But the bill allow a worker to choose to say, ‘‘I even have to have children to benefit. which I have proposed for private in- would like to have this as comptime in- If you want to go fishing and your boss dustry has many protections which are stead of overtime pay.’’ But we put a can agree that it does not unduly dis- not included in the bill which relates second choice into the bill that says rupt the business’ purposes, you can to the public. What I find amusing is any time after the worker has said that swap the time off, and especially if you that many of the people who are most they want it as comptime and not as schedule to take every other Friday aggressive in their opposition to this pay later, the worker can say, ‘‘I off. bill for private industry were sponsors change my mind. I will take that as The Senator from Massachusetts of the bill which does not have the pro- pay.’’ That is to avoid any potential talked about the fact that there are tections for people who work for the coercion or abuse. certain ways in which flexible benefits Government. But the idea that an employer might can inure under the current situation. Look at this. ‘‘Workers can be required to partici- say we are only going to let overtime He says that only a tiny fraction of the pate in compensatory time as a condi- go to people who will choose compen- employers provide flexible work sched- tion of employment.’’ This goes to the satory time, or even to say we are only ules. That is because they are unwork- comptime bill for State and local going to let overtime go to employees able. It is a simple matter of fact. workers. ‘‘Can be required to partici- who are going to choose to be paid be- The flexibility outside of S. 4 is lim- pate.’’ Under my bill it is strictly vol- cause they don’t want to mess with the ited to arranging 40 hours of work in a hassle of keeping the overtime—if the untary, and cannot be required. 7-day period. Exchanging hours from The very sponsors of the bill which employer wants to participate at all, week to week is not permitted, even if are complaining, saying there is not the employer shouldn’t be able to in- the employee requests such an arrange- enough volunteer choice here, cospon- timidate the employee’s choice in this ment. For example, an employee who sored the bill for State and local em- matter. wants to work 45 hours in one week in ployees which allows them to be re- One of the things that I think I would exchange for only working 35 in an- quired to participate as a condition of like to point out that the Senator from other in order to attend a child’s soccer employment. Under the State and local Massachusetts has raised is that he game or to take the child to a doctor law, which was sponsored by the same wants this to be something that helps or to go fishing makes the employer opponents of the bill currently, ‘‘man- families. He talks about the need to agree to pay 5 hours of overtime for the agement can decide whether a worker help families. But the kinds of items longer workweek. Most employers must use comp time.’’ Not so. ‘‘Work- that they are proposing that deal only can’t do that. ers cannot be coerced into using their with comp time and don’t deal with Sally Larson, a human resource pro- comp time. Penalties are doubled for flexible working arrangements like the fessional at TRW, tesified before the direct or indirect coercion’’ under our Federal employees have or don’t deal Employment and Job Training Sub- bill. with anything like the Federal employ- committee that her company insti- It is important that people have ees have, maybe we will address the tuted a program where hourly workers choice. If someone were to try to co- needs of at best maybe a third of the would take every other Friday off. She erce a worker into using comptime, the employees. I think we are forgetting also stated it took a team of lawyers a worker would have to do but one thing: the data from the 1996 current popu- year to change over their payroll sys- Say, ‘‘I want the money,’’ because we lation survey, which indicated that tems and to make sure that the pro- allow for that second choice. Until you only 4.5 percent—that is one out of gram complied with Federal law. actually use comptime under S. 4, you every 25 women—who work by the hour Most hourly workers aren’t working have the right to cash that time in at have overtime in a typical workweek. in settings like that where they work any time. That means, yes, in a typical work pe- for an employer who can have a team So you want the money? Just say riod and in a week’s time. But say you of lawyers that go through that kind of you want the money. This is a struc- get four times or five times that 4.5 enterprise. Small businesses—or any tural opportunity. This structural ca- percent that get it over the course of business, for that matter—should not pacity to take the money mitigates time so that they would be able to have to hire a team of lawyers in order against coercion. build up some comptime, they are still to cooperate. ‘‘Comptime is paid in cash only when talking about 20 percent of the women The point is that current law is un- a worker leaves the job.’’ Under Senate in the culture who are working in workable. It is obviously not in broad 1570, Public Law 99–150, you have to those hourly jobs. utilization. It doesn’t happen. We need quit if you are a State government em- If you have 28.8 million women work- something better. ployee in order to get your pay in cash. ing in hourly jobs and you are only The fact is that the system which we We didn’t think that was enough pro- going to help 5 to 6 million of them, we are promoting, the system which we tection. We thought that workers have not done much in this bill. We are offering to the American public, is ought to have a different protection need to address the problems that not an untried system. It is a system than that. ‘‘Comptime must be cashed inure to the families of all of the work- that has been place in the Federal Gov- out on the request of the employee,’’ ers, not just the ones that get regular ernment since 1978. Through the last and ‘‘must be cashed out at the end of overtime. The men are in a little bit years of the 1970’s, all through the dec- the year.’’

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5169 I just raise these issues as a means of Here is a letter from a 25-year-old stated in order to make up for the pay saying that our effort is to make this single mother of twin 2-year-old daugh- cuts that people have to endure be- measure one which will provide a basis ters—A 25-year-old single mother of cause they are not allowed to make up upon which people can spend time with twin 2-year-old daughters. Now, this is their salaries, they are not allowed to their families, can arrange their work the definition of having your hands bank flextime and they are not allowed schedules, can meet these competing full. to have banked comptime—here is how demands of the workplace and the Recently I heard of your Family Friendly they make up for those losses—28 per- home place. And we have sought to Workplace Act. My employer, located in cent have to borrow money; over 10 place not only legal inhibitors to coer- Carthage, MO, does not allow a flexible work percent went on welfare when they cion in the bill, we have also sought to schedule or overtime. My understanding of took family and medical leave; 42 per- put structural things in the bill—the this act is that I would be able to have flexi- cent put off paying bills. right of the worker to cash out, just to bility in my work schedule, giving me the opportunity to make up work hours lost be- Do you know what putting off paying say I want the money; I am entitled to your bills does for you? It increases it; give me the time-and-a-half, I want cause of illness in the family and doctor ap- pointments. your payments. The interest goes up. to take my money instead of leaving She is right there. The employer You are paying for a longer period of the hours in the bank. That right is time. And it just occurs to me that we there all the time. It never is extin- would have the option of doing that. As a 25-year-old single mother of twin 2- should not put people in the position of guished. having to take a pay cut in order to be The only way the right of the work- year-old daughters, the Family Friendly a good mom or dad in America. We er—there are two ways the right of the Workplace Act would be extremely beneficial to my situation. should have a situation where we can worker to get that money out is extin- give people the option of working some guished. Two ways. The first is if the Listen to her situation. time in advance and then using that worker takes time off with pay. You My children were born with a congenital time, or when they have overtime re- would not expect to take time off with heart disease and they need to attend check- quired of them, putting that time in a pay and get paid time and a half for up appointments on a 3-month basis with a cardiologist. These appointments have to bank so they can take time and a half overtime. You cannot have your cake allow a full day since our specialist is in and eat it. off at some later date. It seems to me Springfield, MO, and especially because both that makes a lot of sense. The second way you do not have a of my children attend the appointments. right to cash out your employment is if Also, since my children have a heart disease, Now, I do not understand how it is you are going to get cashed out at the they need special attention if they are ill. As that those who oppose this bill say this end of every year. At the end of every a single mother, it’s very difficult to lose is a bill for a pay cut. This is not a pay year the employer must give out the any days financially. cut. This is a way for you to work time money. He cannot carry it over as Let me read that again. in advance so that when you need to comptime. So if the worker cannot be As a single mother, it is very difficult to take time off later, you do not have to forced to take it as comptime and at lose any days financially. have a pay cut. You do not have to the end of the year the employer must Let me interrupt this letter for a mo- take Family and Medical Leave time, give it out as cash, then the employer ment. Now, you might say, well, this which is unpaid leave. You can take does not have any real incentive to try woman can take time from Family and flextime off or comptime off, or you to get people to work without, by say- Medical Leave. I think she could qual- could just cash in your flextime or ing they will take comptime instead of ify for the serious medical problems comptime and have the money that paying them overtime. A business is that Family and Medical Leave may you had earned earlier there to sustain going to have to hold the cash ready to cover. But Family and Medical Leave you when you would be gone. pay it out at the end of the year, hold makes you take the time off without So the suggestion that this is a bill it ready to pay it out at the employee’s pay. So here is this single mother, with which provides for pay cuts I think ig- request, at any time the worker says I twin 2-year-old daughters with con- nores the real facts of life. The real have decided I want the money instead genital heart disease, having to make fact of life is that when you have your of cash. regular doctor appointments and hav- 25-year-old mother, single mother of As I said to the Senator from Massa- ing to take a pay cut in order to take twins going to the doctor under Family chusetts, Mr. President, I hope we will her kids to the doctor, and she says: and Medical Leave, she takes a pay be able to work to provide further as- cut. And that pay cut is never restored. surance that we do not intend for em- My understanding of this act is that I will be able to have the flexibility in my work But if she had the ability to have flexi- ployers to be able to coerce or intimi- schedule giving me the opportunity to make ble working arrangements, that would date. This is a measure which I think up work hours lost because of illness in the be a pay cut which she would not have would really affect people where they family and doctor appointments. to endure. live. I have been getting lots of letters I can understand her desire to make I believe we do have a lot of agree- from people around the country. This those things up. ment here. We agree that American one says: As a single mother— families need the opportunity for flexi- I’m writing this letter in regard to S. 4, the ble working arrangements. S. 4 pro- Family Friendly Workplace Act. I ask that She goes on to say— you support the bill as I think it would be of it’s very difficult to lose any days finan- vides the potential of flexible working great benefit to all the citizens of this coun- cially. The opportunity to make up lost arrangements to all the workers in the try. Time and again parents relate to me— workdays would be incredibly helpful. The culture. And this comes from a public school Family Friendly Workplace Act would give Because the suggestions from the principal— me the opportunity to take time off from other side only address people who tra- work without the loss of pay because of parents relate to me that they cannot come ditionally work overtime, you are only those days my children are ill or need to at- talking about a third of the people in to school for conferences or other meetings tend a doctor’s appointment. because they have to work. This bill would Thank you for taking time to read my let- the culture there. I think we ought to seem to allow some flexibility in the work- ter and your consideration of the many find a way to help all Americans bal- place. working parents who would appreciate such ance the needs that they have between The principal knows the value of par- an act. Please go forward with the Family their families and the workplace, and ents being able to come and participate Friendly Workplace Act. we ought to look very carefully at the in the child’s education. Absent the Family Friendly Work- data from the 1996 Current Population She also goes on to say: place Act, people like that have to take Survey which indicates that only 4.5 I’m also the child of an elderly parent who family and medical leave, which is percent, 4.5 percent of the private sec- needs constant care. Many of my baby boom- time off without pay. tor working working women report er friends are in the same situation of caring for parents. A family friendly workplace Now, before the current occupant of getting regular overtime. Even if you would relieve some of the worry and frustra- the Chair came in, I went to the Report multiply it 4 or 5 times, get it up to 20 tion of this situation. Thank you for your of the Commission on Family and Med- percent, get it up to 25 percent, mul- time. ical Leave. The Commission report tiply it by seven times or eight times,

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5170 CONGRESSIONAL RECORD — SENATE June 2, 1997 get it up to 32 percent, you are still ig- Republican opposition to that proposal. absolute right to take the time. When noring two-thirds of the individuals in And American workers do not get paid the time is being used for other rea- that population. family and medical leave. sons, the employee can take the time if I think it is time for us to provide a It is difficult for me to understand, he or she has given 2 weeks advance no- way to accommodate the needs of fami- with all respect to my colleague, why tice and the absence will not cause lies that respects all of the families in it is worth more to that worker to grievous injury to the business. The the United States of America and does work for compensatory time so that presumption is in favor of the em- so without requiring them to take a they will be able to take the time off, ployee. That is not in the Ashcroft bill. pay cut, because, in my judgment, we should they be given the chance to use That is the essence of this, after all should not be asking people to take it, in looking after a sick child rather is said and done, Mr. President. Those pay cuts. We should be providing peo- than getting time and a half and put- are really essential parts: whether we ple with ways that they can sustain ting the money in their pocket and are going to risk abolishing the 40-hour their income and sustain their families having it in their pocket when that week, and the dangers that will take in the same situation. medical emergency happens. It seems place without specifying that the em- Mr. KENNEDY addressed the Chair. to me that ought to be the choice that ployer cannot discriminate against The PRESIDING OFFICER. The Sen- people would want to have. The Sen- those workers who refuse to play ball ator from Massachusetts. ator is saying, well, we are giving them with the employer, and that makes the Mr. KENNEDY. I listened with great a new opportunity. They can work and decision primarily a decision to be interest to my friend and colleague. I not even put that money in their pock- made by the employer. I think that is will be glad over the evening to exam- et. I don’t find that very convincing. really the essence of the difference in ine further that 4 percent of the work- Mr. President, as the Senator has our approaches. ers, if I quote the Senator right, who pointed out, we have mentioned Fed- I commend my colleagues on our side regularly get overtime and are women. eral employees a number of times. I for studying this issue, for providing We debated the increase in the min- will just read the statute governing the protection for all employees, giving imum wage last year going from $4.25 Federal employees. In this instance, the employee the kind of protections an hour up to $5.15 an hour, and we the statute refers to flexible credit that they need to assure that comp found out that two-thirds of them were hours. In the Federal program, ‘‘Credit time hours when used will be consid- women. I cannot believe that these are hours means flexible schedule which ered hours worked so they are not not individuals who are working the are in excess of the employee’s basic going to be shortchanged at the end of overtime. Maybe we have a semantic . . . and which the employee elects to the week. These are the kind of protec- disagreement, but it is difficult for me work.’’ The employee elects to work. tions that exist for Federal employees. to believe at this time that only 4 per- In the Senator’s bill, it is the em- That protection was in our amend- cent of the overtime is being made by ployer and the employee who jointly ment. That was rejected. That was re- women in this country. designate hours. That is a big dif- jected by our Republican friends in the Mr. ASHCROFT. Will the Senator ference. I am all for Federal employees markup. We have offered it. We will yield? making the decision, but I am not for offer it again. We will have a chance to Mr. KENNEDY. I yield for that. S. 4, which provides that the time off do that. Mr. ASHCROFT. The data which I shall be permitted by the employer in- Mr. President, I appreciate the cite was that only 4.5 percent of the stead of the employee. That is what it chance for this debate and discussion. working women reported that they get says. Time off shall be permitted by The conditions affecting working fami- overtime in a regular work period. the employer instead of the employee, lies in this country are enormously im- That is the data in the Current Popu- for the employee to use within a rea- portant. We have seen the assaults that lation Survey. sonable period of time after making Mr. KENNEDY. I have heard that and have been made on the earned-income the request. The example that was tax credit. I will try to review over the evening given by Senator ASHCROFT is actually We have seen the assaults that have what we have in terms of those regu- protected by the Democratic substitute been made with regard to increasing larly working overtime, how those bill. matters are defined, because it is vir- In the substitute bill, it provides that the minimum wage. tually impossible for me to believe if the time off is needed to care for a We have seen assaults made in terms that the majority of the hourly work- sick child or other family member, the of some of the education programs in ers are not women in our society. It is employee has an absolute right to take the last Congress. just very, very difficult. And that the the time. Put that in your bill, I say to And we have seen the assaults made majority of overtime hours worked is the Senator; put that in your bill. Put in terms of the pay that goes to those not worked by women. it in this afternoon; put it in right now. who work in the construction trades, Now, Mr. President, I am someone We just heard that story. Put it in who average $28,000 a year, protections who was here strongly in support of the right now. Put in the other provision in terms of the prevailing wage not Family and Medical Leave Act. I sup- on nondiscrimination that you men- being undermined. ported the leadership that was provided tioned. Discrimination, is it the same These are all working families in this by my friend and colleague from Con- as coercion? Yes, it is; no, it isn’t. Put country. It doesn’t seem they have too necticut, Senator DODD, who is the real in those words. Put in now just what I much protection. They have, in many leader on this issue. When we proposed read here from my amendment; put instances, too little. I believe that this that legislation, we tried to start out that right in. If the time off is needed proposal will substantially reduce the with a limited program that provided to care for a sick child or other family amount of overtime that is paid to pay for people who used family and member, the employee has an absolute workers who are willing to work hard, medical leave. Every other industri- right to take the time. That is not in play by the rules, and try to make that alized country in the world provides the Ashcroft bill. That is not in the little extra money to be able to provide paid leave. We were absolutely stopped Ashcroft bill, and he cannot stand up for their families. in our tracks by Republican opposition. on the floor of the U.S. Senate this Mr. ASHCROFT addressed the Chair. Now we hear on the floor this after- afternoon and say it is. The PRESIDING OFFICER. The Sen- noon, can you imagine, that someone So that parent out there who may be ator from Missouri. who uses family and medical leave is listening to this debate, read what is in Mr. ASHCROFT. Mr. President, first going to have to go on welfare to use the bill. You don’t have the guarantee of all, I thank my colleague from Mas- it. I wish we did provide some financial under his bill to use the time for your sachusetts for engaging in this debate. help when workers use leave for the desperately ill children. You do under I think it is important to do that, to type of family emergency that the Sen- the Democratic alternative. It is writ- refine what we are talking about, to ator has pointed out. Every other in- ten right in there. If the time off is learn what works and what won’t work dustrialized society provides that kind needed to care for a sick child or other and learn where we might need to mod- of reimbursement. But we met total family member, the employee has an ify what we are doing. I am eager to

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5171 have amendments offered by those in- us and really say the needs are focused freedom and flexibility, will create a dividuals who want to change this pro- only on people who get overtime in win-win situation for employees and posal, and I think we will be getting to their work—it is pretty clear that peo- employers. that very shortly, and I am grateful. ple who don’t get overtime, their kids This bill does not create a right or I just point out that he indicated have problems, they have the needs for grant an entitlement. It does not take that the situation with the mother of the parent-teacher conferences, just away from a single worker or em- twin 2-year-old daughters would be like other folks, and I think it is time ployer. It simply removes an obvious covered under the Democratic pro- now to work together. example of overkill—of the Govern- posal. Her company doesn’t provide for I hope the amendments will begin to ment acting as the national nanny. It overtime. Her company just doesn’t be brought to the floor, and we will gives back to workers and their fami- ask people to work overtime, and the vote on these amendments. I am not in lies some of the freedom that was Democratic proposal simply doesn’t ad- favor of curtailing the amount of time taken away when an earlier Congress dress the needs of the vast majority of available to this bill. I think we ought went too far in regulating the work- individuals in the country who don’t to run this through the series of pro- place. get overtime. I think we need to do posals, and the Senator has been kind This bill restores employee choice in that. There are lots of companies who enough to mention a number of them, an area where, for most private sector just don’t do it. They can’t afford for that apparently will be coming forth. workers, the Government had taken it their labor costs to go up by 50 percent Frankly, we are going to be working away from them. It allows the em- by having overtime, so they hire this evening and into the day tomor- ployee to arrange flexible work sched- enough workers, schedule enough peo- row to try and make sure if there are ules to meet important family needs. It ple, pay enough benefits. misunderstandings or clarifications allows the employee the choice be- But this young mother says, ‘‘My that can be the basis for agreements, tween one kind of overtime compensa- company doesn’t schedule overtime.’’ that we will provide those. I thank the tion or another. The employee will still So the only way for her to have the ca- Chair. receive time-and-a-half compensation pacity to develop the ability to serve Mr. KENNEDY. Mr. President, before for overtime. Only now the employee her daughters without taking a pay cut yielding the floor, I thank my col- will have the freedom to negotiate would be if we had some kind of flex- league for a very positive and construc- when and how. time proposal similar to the one of- tive approach on this legislation. We The apologists of the regulatory fered in the U.S. Government to Fed- certainly want to try and find out what state want to expand Federal control eral employees. It has worked well possibilities there are, but he certainly over the lives of workers and their fam- here. As a matter of fact, 10 to 1 the has indicated a willingness to consider ilies: workers say it is very, very good. The different alternatives, and I thank him They want the Federal Government, General Accounting Office, which as- very much for the interesting debate increasingly, to become the personnel sesses whether things work or don’t and for his willingness to try and find manager for every workplace, and the work in the Federal Government, indi- common ground. I yield the floor. collective bargaining agent for every cate because people have the kind of Mr. CRAIG. Mr. President, I rise in worker. flexibility they need, these workers in support of S. 4, the Family Friendly They want the Federal Government the Federal Government are more pro- Workplace Act. I was proud to be an to decide a family’s priorities for tak- ductive and their morale is better. I original cosponsor of this bill when it ing time off. But what qualifies Wash- think that would be the same kind of was introduced. I commend Senator ington, DC, to choose a parent-teacher thing in which private employers ASHCROFT, for his leadership as the conference, yes; but the school science would want to engage. They would principal author of the bill, and Chair- fair, no? Dentist appointment, yes; but want to help their workers be more man JEFFORDS, for guiding it through going to the DMV, no? Some kinds of productive, have better morale, and ex- the Labor and Human Resources Com- elder care, yes; versus other kinds, no? tend to them the same kind of benefits mittee. And you have to take a pay cut if you that are available to Federal employ- In a word, this bill is about freedom. take their Government-approved leave, ees. Mothers, and fathers and their fami- because the entitlement mandated You may just say all the various lies, need more freedom in the work- under the Family and Medical Leave things you want to say about this, but place—more flexibility in balancing Act is unpaid leave. there are a couple key facts. It is to- the demands of work and family. They want Congress to say to em- tally voluntary, and not only do you What has the Federal Government all ployers with 25 to 49 workers: In 1993 have your first choice, but you have too often given them instead? we thought you were a small business. your second choice. If you choose to Rules and regulations that are rigid, In 1993 we said you didn’t have the bank some hours and then you choose arbitrary, and one-size-fits all. economies for scale to afford federally to cash them in later, you can cash Increasingly over the last 60 years, mandated leave. Now we think you’re a them in. So your first choice is wheth- Federal employment law has reflected big business and we want to run your er or not to put hours in the bank in- the paternalistic attitude of a govern- employees’ benefit package. stead of taking the pay. But any time ment that thinks it knows more about Public employees have the freedom later, before you take the hours off, work-and-family needs than do the and flexibility that this bill would ex- you can cash them in. That is choice families and workers themselves. tend to private sector workers. Flex- No. 2. This isn’t a plan that is just The apologists of the failed regu- time and comptime have worked for characterized by choice, this is a plan latory state will argue that freedom is public employees. These arrangements characterized by choice squared. This something granted to the people by the are overwhelmingly popular with the is two choices, and I believe in this Government; and that freedom is a workers who have been eligible for case two choices are better than one zero-sum game. For instance, you can’t them. because they provide insurance. give employees more flexibility with- Now is the time to pull back a little Second, it is a plan which would give out creating an entitlement at the ex- on the long arm of big brother. Now is people an opportunity to take time off pense of the employer. the time to give back some of the without taking a pay cut, and that is They will offer amendments to this workplace freedom that previous Con- something that we need. It is a plan bill next week, asking us to impose gresses took away. that would deal with all the work force more legal straitjackets on workers Mr. DORGAN addressed the Chair. in the country, not just the few who and employers. We should reject those The PRESIDING OFFICER. The Sen- regularly get, or with some frequency amendments and opt, instead, for free- ator from North Dakota. get, overtime pay. In my judgment, dom for our workers and their families. Mr. DORGAN. Mr. President, I ask those are very important components, This bill shows how Government, in unanimous consent to speak for 15 min- and I think given the fact there is sub- its zeal to regulate, has failed our fami- utes as in morning business. stantial agreement about the needs— lies; and how maintaining basic labor The PRESIDING OFFICER. Without and I don’t think anybody will come to standards, while adding a little dose of objection, it is so ordered.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5172 CONGRESSIONAL RECORD — SENATE June 2, 1997 DISASTER RELIEF lost their homes and had to find some- There was a man and his wife in their Mr. DORGAN. Mr. President, I was where to go. seventies standing in the front yard interested in listening to the debate of That occurred weeks ago, and the surveying this home they lived in. And my colleagues, and this is, indeed, an Congress began working on a disaster I walked across the street and visited important issue and it is very impor- relief bill. President Clinton went to with them a bit and asked, ‘‘How long tant to understand what are the facts, Grand Forks and East Grand Forks in had you lived in this home?’’ ‘‘Forty- what precisely is being proposed and the middle of the flooding. I went with three years,’’ they told me. And the how exactly will it affect workers in President Clinton on that visit. He pro- woman said, ‘‘In 43 years we never even our country. I expect in the coming posed $100 million in community devel- had a drop of water in our basement.’’ days that we will hear a great deal opment block grants and other sub- And now of course the home is totally more about this, see amendments and stantial aid through FEMA and other destroyed. ‘‘What will you do?’’ I asked have votes. We already had one cloture Federal agencies. We added to that. her. ‘‘We are living in a little recre- vote on this issue as the Presiding Offi- And my colleagues here in the Sen- ation vehicle, one of these little travel cer knows. I came to the floor, how- ate, on a bipartisan basis, constructed trailers that has been provided, but we ever, just to visit a few moments about a disaster relief bill that was very sig- have no idea what we will do next—no the disaster relief bill, the supple- nificant and very important for the re- idea. No idea where we will live.’’ mental appropriations bill that we will covery of that region. Regrettably, the They have no idea when their house be dealing with this week in Congress. Congress was not able to agree on the will be bought out to be part of the As my colleagues know, the Congress bill and left for the Memorial Day re- flood line, the new floodway that is left for a Memorial Day recess, which cess. being created in Grand Forks; they was all of last week, without having Among the areas in this legislation have no idea what will be paid for this passed the supplemental appropriations that caused some difficulty is an house in order to create the floodway. bill or the disaster bill, as we refer to amendment dealing with a Government ‘‘We don’t know what our future is it, because the legislation contains a shutdown issue that has nothing to do going to be.’’ But interestingly enough, substantial amount of money to re- with this bill but nonetheless will en- these folks still had that spirit I guess spond to the disasters that occurred in gender a Presidential veto. The Presi- that exists up in the Scandinavian dent has already indicated he could not our part of the country; namely, the areas of North Dakota. blizzards and the flooding and the fires sign a bill even a disaster bill if it in- I put my arm around the shoulders of that occurred in North and South Da- cluded a controversial amendment like this wonderful woman and finally said kota and Minnesota. this. So, that is where we left it as we at the end, ‘‘How are you doing?’’ She Mr. President, I spent all of last week left town about a week and a half ago. said, ‘‘Oh, pretty good, pretty good.’’ I was in Grand Forks, ND, last week. in North Dakota. Most Americans, hav- They lost their home of 43 years, but And here is an editorial from the Minot ing watched for a couple of weeks the she said she’s doing ‘‘pretty good’’. Daily News that describes what I saw disaster that occurred, especially along Well, I know they are going through a as well. It talks about the biggest mess the Red River Valley and most espe- lot of difficulty, as are most families, in history in North Dakota. cially in Grand Forks, ND, and East Garbage is almost everywhere—talk- thousands and thousands of families in Grand Forks, MN, remember the im- ing about Grand Forks—thousands of Grand Forks and East Grand Forks. ages of the massive flooding that oc- piles several feet high—crumbled Alice Hoglo owned a home on Dike curred that caused the evacuation of a drywall and brickwork, water-damaged Street in East Grand Forks for 56 city of 50,000 people on the North Da- appliances and furniture and anything years. She is now living with relatives kota side of the border and the evacu- else that could be hauled out to the waiting to see what is going to happen ation of 9,000 people from East Grand curb and beyond. Streets that were to her home. And her home is nearly Forks on the Minnesota side of the bor- once wide enough to accommodate two- completely destroyed. der. way traffic and a row of parked cars And 90-year-old Ann Sticklemyer, The American people saw this flood are now so narrow as to permit only she has said she is now going to be a that consumed the Red River Valley, a one vehicle at a time. renter. She has not rented for decades, small red river which flows north be- What I saw in Grand Forks, which is but of course now she has lost her came a lake 150 miles long by nearly 20 a very pretty city, was every single home and is going to have to find a and 30 miles wide in parts of it. Of street of that community lined with place to rent. But there is nowhere to course, channeling it through the com- garbage, having been pulled out of all rent. There are no homes available to munities of Wahpeton, Fargo, and of these homes that were inundated, rent, no apartments to rent, nothing eventually Grand Forks was successful basements, first floors, and in some available for housing in Grand Forks. until it got to Grand Forks, and then cases the entire homes inundated by The list goes on, and it is endless of the dikes breached and the town of flood water. And now it is all taken out the families and the people who are Grand Forks and East Grand Forks be- to the curb as they are starting to try struggling now to try to figure out: came almost totally flooded and both to clean up. What do you do after the flood has communities were totally evacuated. I was down in one part of Grand come and gone? Where do we live? In the middle of that evacuation, a Forks where I had previously traveled What do we do? I mean, when I was fire broke out in downtown Grand by Coast Guard boat where the homes there on a boat in downtown Grand Forks and destroyed 11 of the larger were totally submerged in water. And Forks surveying the damage in Grand buildings in downtown Grand Forks, our boat was going at the top of the Forks, that was one thing because the ND. Firefighters were fighting fire in home level on water. I was back there water then was so high that you could water that was terribly cold, water up last week, and the water is gone and not possibly walk in it, but now the to their chest, standing in the streets, these homes are totally destroyed—600 water is gone and all you have is this trying to fight fires in nearly three of them in this area, 600 homes totally wreckage—hundreds and hundreds of city blocks in downtown Grand Forks, destroyed having been totally under homes totally and completely de- ND. water and the homes were picked up off stroyed and families who previously The story is well known that the their foundation and set back. I saw a lived in those homes now have nowhere folks in Grand Forks and East Grand home sitting on top of a car, a home to live. Oh, some are living with rel- Forks left town, many of them with taken completely off its foundation by atives, some are 100 miles or 200 miles only the shirts on their backs. They the flood water, and then put back away living in a motel. Some are living were housed in aircraft hangars at the down on top of an old Ford car. with strangers who invited them in. Grand Forks Air Force Base, 4,000 peo- But you go up and down the street, But they have nowhere to live. ple originally sleeping on cots and and what you saw was carnage, homes And so the city of Grand Forks and hangars at the Air Force base, and peo- completely destroyed. And the folks the city of East Grand Forks struggle ple all around the region taking fami- who lived there are folks who, in many now to try to figure out, how do you lies in, living with relatives, doing all cases, have lived there many years and put all this back together? How do you the things necessary because they have are now wondering what to do. restart a business community that is

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5173 shut down? How do you build a new enormously helpful support from Sen- I can recall the day that I heard of downtown when the new floodway will ator STEVENS, Senator BYRD, Senator this bombing. I was walking into a probably take several critical blocks of LOTT, Senator DASCHLE, on a bipar- school in Minot, ND, to speak to a con- your downtown area? How do you do all tisan basis. We have had strong support vocation at the school, and I have of that? and unwavering support from virtually heard the reports of the bulletins on Well, you do it with the resources all of the subcommittee chairs and the the radio that there had been this that were in this disaster bill, the hun- ranking members of the Appropriations bombing at the courthouse in Okla- dreds of millions of dollars of commu- Committee. And for that we are most homa City. And I did not know until nity development block grants and appreciative. We know that we cannot later the full consequence of it. But I other things that will allow people to do in alone. will never, I suspect, in my lifetime, get back on their feet and allow cities North Dakotans, who were dealt a forget the picture of the fireman cra- to begin planning to buy out homes in very severe blow by having nearly 3 dling the lifeless body of that young the floodway, to help provide some years worth of snow fall in 3 months on child, a victim of that disaster, that grants, yes, to homeowners to fix up North Dakota, causing a massive heinous act of terror, a disaster, but their homes and to restart their busi- amount of flooding, a 500-year flood on also obviously a deliberate heinous act ness. the Red River, and causing the com- committed against innocent civilians. When Congress left without passing plete evacuation of very large cities, And I felt the same rage I suppose most the disaster bill, some said it did not we know that we cannot solve these Americans do and did about that kind matter. But the folks in Grand Forks problems alone. And we are very of senseless killing. were very upset. And here is a Grand thankful for the bipartisan support we I hope that the verdict today in that Forks editorial. Every day the top of have had in the Senate to address these courtroom in Denver is a verdict that their editorial page has this: ‘‘8 Days issues. says to all those in this country who Since Congress Let Us Down.’’ How I again urge all of those who come to believe they are above the law, who be- much longer will it be before Congress conference in the middle of this week lieve that acts of terror somehow will gets to work and passes a disaster bill? to join us in and pass this bill and do it work, that this country will not coun- The next day: ‘‘9 Days Since Congress cleanly and quickly so that the people tenance terror, this country will hunt Let Us Down.’’ of Grand Forks are able to rely on the down and prosecute vigorously those Congress is not going to let Grand resources in this legislation. who commit terror against Americans Forks and East Grand Forks down. f and against all citizens. These resources are going to be made I did want to simply take this mo- available. But it is urgent they be THE OKLAHOMA CITY TRIAL AND THE JUDICIAL SYSTEM ment to say that I suspect that there made available now. It is urgent that was an enormous amount of effort and Wednesday, when we go to conference, Mr. DORGAN. Mr. President, let me work expended by a lot of folks to that we strip out the controversial pro- make one additional comment on an- bring this trial to a successful conclu- visions of this legislation and that we other matter. I notice the Senator sion and I, as one Senator, say thank pass the legislation, pass the emer- from Idaho is waiting for the floor. I you to the law enforcement commu- gency portion of the legislation, at will not be lengthy, but I do want to nity, and thank you to all of those who least, clean and get it to the President make a comment on another unrelated participated in restoring the faith of for signature so the help can be flowing issue. the American people in the justice sys- I and the American people have to people who need it. tem. Another headline in the Grand Forks learned this afternoon that the trial in Mr. President, I yield the floor. Herald, ‘‘Along the Dikes Lives are Denver, CO, the Oklahoma City bomb- Mr. CRAIG addressed the Chair. Still on Hold.’’ And it talks about ing trial, has concluded apparently these folks who have no idea what with a guilty verdict on all counts, The PRESIDING OFFICER. The Sen- their tomorrow is going to be because having been brought against Timothy ator from Idaho. the resources that are needed in order McVeigh. There are many in this coun- Mr. CRAIG. Mr. President, let me as- to make the buyouts and to develop try, myself included, who from time to sociate myself with the remarks of the the new floodways and so on are not time have been critical of the judicial Senator from North Dakota who I available at this point because the leg- process feeling that in one case or an- think said it so well just a few mo- islation has not yet been passed. other or in one circumstance or an- ments ago as it relates to the outcome I just hope that on Wednesday when other the judicial system has let us of the court actions in the Presiding the conference committee convenes, down. Officer’s home State and the city of that the conference committee and all In fact, I think most Americans prob- Denver. of the conferees will decide that we ably felt that way following the O.J. What it says about our society is so ought not in any way impede, delay, or Simpson trial, that somehow the judi- very clear, that we gave and we give derail the disaster bill. We have not in cial system did not work quite right, and we protect the rights of our citi- the past, and we should not now. and understand why people feel that zens to speak openly and freely in pro- I wish the disaster bill had been en- way and, as I said, I have from time to test against their Government, to ex- acted by Congress before Congress time joined them thinking that some press themselves and their opinions broke for the Memorial Day weekend things just do not seem right in the ju- without fear that somehow the heavy and the week that we took off. That dicial system. hand of Government might sweep down was not possible regrettably. I think But it seems to me that the decision on them, but if they use violence as an the decision to go home without pass- in the Denver courtroom today should expression, a political expression, that ing the disaster portion of that bill was say to all of us that the judicial system then they fall within the act of a ter- a mistake. But those who made that in this country does work, the message rorist, and if so proven to be such, the decision apparently felt comfortable today in that courtroom was a message kind of action or the kind of verdict with it. I do hope now that this that seems to me that those who com- that came about in Denver is the con- Wednesday when the conference com- mit heinous acts of terror will be sequence. mittee reconvenes that it will decide to brought to justice in this country. And And that of course is what has enact this legislation, do it cleanly, do I wanted to simply say, having heard of marked the civility of our country well it without adding additional burdens to this verdict as most Americans have over 200 years now. And thank good- it that would engender a Presidential today, that I would credit and com- ness our system still proves, as it ap- veto, and then make that critically pliment the men and women who most parently has expressed its will in Den- needed relief available to the people Americans will never know who un- ver this afternoon, that it does work who so desperately need it. doubtedly spent a lot of time and en- and it does work effectively. While I am on this subject, let me ergy and effort and hours working on So I appreciate the remarks of the end with one other point. In the Sen- this case, to bring this case to a court- Senator from North Dakota in making ate, on a bipartisan basis, we have had room that results in a guilty verdict. those statements.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5174 CONGRESSIONAL RECORD — SENATE June 2, 1997 CLOTURE MOTION retary of the Senate, on May 28, 1997, the conflict in the former Yugoslavia Mr. CRAIG. Mr. President, I now send during the adjournment of the Senate, acceptable to the parties. Elections oc- a cloture motion to the desk to the received the following message from curred in the Republic of Bosnia and substitute amendment. the President of the United States, to- Herzegovina, as provided for in the The PRESIDING OFFICER. The clo- gether with an accompanying report; Peace Agreement, and the Bosnian ture motion having been presented which was referred to the Committee Serb forces have continued to respect under rule XXII, the Chair directs the on Banking, Housing, and Urban Af- the zones of separation as provided in clerk to read the motion. fairs. the Peace Agreement. The ultimate The bill clerk read as follows: To the Congress of the United States: disposition of the various remaining categories of blocked assets are now CLOTURE MOTION Section 202(d) of the National Emer- gencies Act (50 U.S.C. 1622(d)) provides being addressed, beginning with the We the undersigned Senators, in accord- unblocking of five Yugoslav vessels lo- ance with the provisions of rule XXII of the for the automatic termination of a na- Standing Rules of the Senate, do hereby tional emergency unless, prior to the cated in various United States ports ef- move to bring to a close debate on the modi- anniversary date of its declaration, the fective May 19, 1997. fied committee amendment to Calendar No. President publishes in the Federal Reg- Until the status of all remaining 32, S. 4, the Family Friendly Workplace Act ister and transmits to the Congress a blocked property is resolved, the Peace of 1997: notice stating that the emergency is to Agreement implemented, and the Trent Lott, James M. Jeffords, Sam continue in effect beyond the anniver- terms of the Resolution met, this situ- Brownback, Susan M. Collins, Fred sary date. In accordance with this pro- ation continues to pose a continuing Thompson, Gordon Smith, Judd Gregg, vision, I have sent the enclosed notice unusual and extraordinary threat to Jesse Helms, John Ashcroft, Jon Kyl, to the Federal Register for publication, the national security, foreign policy in- Paul Coverdell, William V. Roth, Jr., terests, and the economy of the United Conrad R. Burns, Richard G. Lugar, stating that the emergency declared Phil Gramm, Bob Smith. with respect to the Federal Republic of States. For these reasons, I have deter- mined that it is necessary to maintain Mr. CRAIG addressed the Chair. Yugoslavia (Serbia and Montenegro), as expanded to address the actions and in force these emergency authorities The PRESIDING OFFICER. The Sen- policies of the Bosnian Serb forces and beyond May 30, 1997. ator from Idaho. the authorities in the territory that WILLIAM J. CLINTON. Mr. CRAIG. For the information of they control within the Republic of THE WHITE HOUSE, May 28, 1997. all Senators, this cloture vote would Bosnia and Herzegovina, is to continue occur on Wednesday, June 4. The ma- f in effect beyond May 30, 1997. jority leader will consult with the On December 27, 1995, I issued Presi- REPORT CONCERNING THE EXTEN- Democrat leader with respect to the dential Determination No. 96–7, direct- SION OF WAIVER AUTHORITY exact time of the cloture vote. ing the Secretary of the Treasury, inter FOR THE PEOPLE’S REPUBLIC However, at this time the majority alia, to suspend the application of sanc- OF CHINA—MESSAGE FROM THE leader asks unanimous consent that tions imposed on the Federal Republic PRESIDENT RECEIVED DURING the mandatory quorum under rule XXII of Yugoslavia (Serbia and Montenegro) THE ADJOURNMENT—PM–40 be waived. and to continue to block property pre- Under the authority of the order of The PRESIDING OFFICER. Without viously blocked until provision is made the Senate of January 7, 1997, the Sec- objection, it is so ordered. to address claims or encumbrances, in- retary of the Senate, on May 29, 1997, f cluding the claims of the other suc- during the adjournment of the Senate, MORNING BUSINESS cessor states of the former Yugoslavia. received the following message from This sanctions relief, in conformity the President of the United States, to- Mr. CRAIG. Mr. President, I ask with United Nations Security Council gether with an accompanying report; unanimous consent there now be a pe- Resolution 1022 of November 22, 1995 which was referred to the Committee riod for the transaction of morning (hereinafter the ‘‘Resolution’’), was an on Finance. business with Senators permitted to essential factor motivating Serbia and speak for up to 10 minutes each. Montenegro’s acceptance of the Gen- To the Congress of the United States: The PRESIDING OFFICER. Without eral Framework Agreement for Peace I hereby transmit the document re- objection, it is so ordered. in Bosnia and Herzegovina initialed by ferred to in subsection 402(d)(1) of the f the parties in Dayton on November 21, Trade Act of 1974, as amended (the ‘‘Act’’), with respect to the continu- MESSAGES FROM THE PRESIDENT 1995, and signed in Paris on December 14, 1995 (hereinafter the ‘‘Peace Agree- ation of a waiver of application of sub- Messages from the President of the ment’’). The sanctions imposed on the sections (a) and (b) of section 402 of the United States were communicated to Federal Republic of Yugoslavia (Serbia Act to the People’s Republic of China. the Senate by Mr. Williams, one of his and Montenegro) were accordingly sus- This document constitutes my rec- secretaries. pended prospectively, effective Janu- ommendations to continue in effect EXECUTIVE MESSAGES REFERRED ary 16, 1996. Sanctions imposed on the this waiver for a further 12-month pe- As in executive session the Presiding Bosnian Serb forces and authorities riod and includes my determination Officer laid before the Senate messages and on the territory that they control that continuation of the waiver cur- from the President of the United within the Republic of Bosnia and rently in effect for the People’s Repub- States submitting sundry nominations Herzegovina were subsequently sus- lic of China will substantially promote which were referred to the appropriate pended prospectively, effective May 10, the objectives of section 402 of the Act, committees. 1996, also in conformity with the Peace and my reasons for such determina- (The nominations received today are Agreement and the Resolution. tion. printed at the end of the Senate pro- Sanctions against both the Federal WILLIAM J. CLINTON. ceedings.) Republic of Yugoslavia (Serbia and THE WHITE HOUSE, May 29, 1997. f Montenegro) and the Bosnian Serbs f were subsequently terminated by REPORT CONCERNING THE CON- United Nations Security Council Reso- REPORT CONCERNING THE FED- TINUATION WITH RESPECT TO lution 1074 of October 1, 1996. This ter- ERAL REPUBLIC OF YUGOSLAVIA THE FEDERAL REPUBLIC OF mination, however, did not end the re- (SERBIA AND MONTENEGRO)— YUGOSLAVIA (SERBIA AND MON- quirement of the Resolution that MESSAGE FROM THE PRESIDENT TENEGRO) AND THE BOS- NIAN blocked funds and assets that are sub- RECEIVED DURING THE AD- SERBS—MESSAGE FROM THE ject to claims and encumbrances re- JOURNMENT—PM 41 PRESIDENT RECEIVED DURING main blocked, until unblocked in ac- Under the authority of the order of THE ADJOURNMENT—PM–39 cordance with applicable law. In the the Senate of January 7, 1997, the Sec- Under the authority of the order of last year, substantial progress has been retary of the Senate, on May 30, 1997, the Senate of January 7, 1997, the Sec- achieved to bring about a settlement of during the adjournment of the Senate,

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5175 received the following message from cumbrances, including the claims of (Serbia and Montenegro) and Bosnian the President of the United States, to- the other successor states of the Serb-Controlled Areas of the Republic gether with an accompanying report, former Yugoslavia. This sanctions re- of Bosnia and Herzegovina Sanctions which was referred to the Committee lief was an essential factor motivating Regulations, 31 C.F.R. Part 585 (the on Banking, Housing, and Urban Af- Serbia and Montenegro’s acceptance of ‘‘Regulations’’). To implement Presi- fairs. the General Framework Agreement for dential Determination No. 967, the Reg- To the Congress of the United States: Peace in Bosnia and Herzegovina ini- ulations were amended to authorize prospectively all transactions with re- On May 30, 1992, by Executive Order tialed by the parties in Dayton on No- spect to the FRY (S&M) otherwise pro- 12808, President Bush declared a na- vember 21, 1995 (the ‘‘Peace Agree- hibited (61 FR 1282, January 19, 1996). tional emergency to deal with the un- ment’’) and signed in Paris on Decem- Property and interests in property of usual and extraordinary threat to the ber 14, 1995. The sanctions imposed on the FRY (S&M) previously blocked national security, foreign policy, and the FRY (S&M) and on the United Na- within the jurisdiction of the United economy of the United States con- tions Protected Areas in the Republic States remain blocked, in conformity stituted by the actions and policies of of Croatia were accordingly suspended with the Peace Agreement and UNSCR the Governments of Serbia and Monte- prospectively, effective January 16, 1996. Sanctions imposed on the Bosnian 1022, until provision is made to address negro, blocking all property and inter- claims or encumbrances, including the ests in property of those Governments. Serb forces and authorities and on the territory that they control within the claims of the other successor states of President Bush took additional meas- the former Yugoslavia. ures to prohibit trade and other trans- Republic of Bosnia and Herzegovina were subsequently suspended prospec- On May 10, 1996, OFAC amended the actions with the Republic of Yugo- Regulations to authorize prospectively slavia (Serbia and Montenegro) by Ex- tively, effective May 10, 1996, in con- formity with UNSCR 1022. On October all transactions with respect to the ecutive Orders 12810 and 12831, issued Bosnian Serbs otherwise prohibited, ex- on June 5, 1992, and January 15, 1993, 1, 1996, the United Nations passed UNSCR 1074, terminating U.N. sanc- cept with respect to property pre- respectively. viously blocked (61 FR 24696, May 16, On April 25, 1993, I issued Executive tions against the FRY (S&M) and the Bosnian Serbs in light of the elections 1996). On December 4, 1996, OFAC Order 12846, blocking the property and amended Appendices A and B to 31 that took place in Bosnia and interests in property of all commercial, C.F.R. chapter V, containing the names Herzegovina on September 14, 1996. industrial, or public utility under- of entities and individuals in alphabet- UNSCR 1074, however, reaffirms the takings or entities organized or located ical order and by location that are sub- provisions of UNSCR 1022 with respect in the Federal Republic of Yugoslavia ject to the various economic sanctions (Serbia and Montenegro) (the ‘‘FRY to the release of blocked assets, as set programs administered by OFAC, to re- (S&M)’’), and prohibiting trade-related forth above. move the entries for individuals and The present report is submitted pur- transactions by United States persons entities that were determined to be suant to 50 U.S.C. 1641(c) and 1703(c) involving those areas of the Republic of acting for or on behalf of the Govern- Bosnia and Herzegovina controlled by and covers the period from November ment of the Federal Republic of Yugo- the Bosnian Serb forces and the United 30, 1996, through May 29, 1997. It dis- slavia (Serbia and Montenegro). These Nations Protected Areas in the Repub- cusses Administration actions and ex- assets were blocked on the basis of lic of Croatia. On October 24, 1994, be- penses directly related to the exercise these persons’ activities in support of cause of the actions and policies of the of powers and authorities conferred by the FRY (S&M)—activities no longer Bosnian Serbs, I expanded the scope of the declaration of a national emer- prohibited—not because the Govern- the national emergency by issuance of gency in Executive Order 12808 as ex- ment of the FRY (S&M) or entities lo- Executive Order 12934 to block the panded with respect to the Bosnian cated in or controlled from the FRY property of the Bosnian Serb forces and Serbs in Executive Order 12934, and (S&M) had any interest in those assets the authorities in the territory that against the FRY (S&M) contained in (61 FR 64289, December 4, 1996). A copy they control within the Republic of Executive Orders 12810, 12831, and 12846. of the amendment is attached to this Bosnia and Herzegovina, as well as the 1. The declaration of the national report. property of any entity organized or lo- emergency on May 30, 1992, was made On April 18, 1997, the Regulations cated in, or controlled by any person pursuant to the authority vested in the were amended by adding a new section in, or resident in, those areas. President by the Constitution and laws 585.528, authorizing all transactions On November 22, 1995, the United Na- of the United States, including the after 30 days with respect to the fol- tions Security Council passed (‘‘Reso- International Emergency Economic lowing vessels that remained blocked lution 1022’’), immediately and indefi- Powers Act (50 U.S.C. 1701 et seq.), the pursuant to the Regulations, effective nitely suspending economic sanctions National Emergencies Act (50 U.S.C. at 10:00 a.m. local time in the location against the FRY (S&M). Sanctions 1601 et seq.), and section 301 of title 3 of of the vessel on May 19, 1997: the M/V were subsequently lifted by the United the United States Code. The emergency MOSLAVINA, M/V ZETA, M/V Nations Security Council pursuant to declaration was reported to the Con- LOVCEN, M/V DURMITOR and M/V Resolution 1074 on October 1, 1996. Res- gress on May 30, 1992, pursuant to sec- BAR (a/k/a M/V INVIKEN) (62 FR 19672, olution 1022, however, continues to pro- tion 204(b) of the International Emer- April 23, 1997). During the 30-day pe- vide for the release of funds and assets gency Economic Powers Act (50 U.S.C. riod, United States persons were au- previously blocked pursuant to sanc- 1703(b)) and the expansion of that na- thorized to negotiate settlements of tions against the FRY (S&M), provided tional emergency under the same au- their outstanding claims with respect that such funds and assets that are thorities was reported to the Congress to the vessels with the vessels’ owners subject to claims and encumbrances, or on October 25, 1994. The additional or agents and were generally licensed that are the property of persons sanctions set forth in related Executive to seek and obtain judicial warrants of deemed insolvent, remain blocked until orders were imposed pursuant to the maritime arrest. If claims remained ‘‘released in accordance with applica- authority vested in the President by unresolved 10 days prior to the vessels’ ble law.’’ This provision was imple- the Constitution and laws of the unblocking (May 8, 1997), service of the mented in the United States on Decem- United States, including the statutes warrants could be effected at that time ber 27, 1995, by Presidential Determina- cited above, section 1114 of the Federal through the United States Marshal’s tion No. 96–7. The Determination, in Aviation Act (49 U.S.C. App. 1514), and Office in the district where the vessel conformity with Resolution 1022, di- section 5 of the United Nations Partici- was located to ensure that United rected the Secretary of the Treasury, pation Act (22 U.S.C. 287c). States creditors of a vessel had the op- inter alia, to suspend the application of 2. The Office of Foreign Assets Con- portunity to assert their claims. Ap- sanctions imposed on the FRY (S&M) trol (OFAC), acting under authority pendix C to 31 CFR, chapter V, con- pursuant to the above-referenced Exec- delegated by the Secretary of the taining the names of vessels blocked utive orders and to continue to block Treasury, implemented the sanctions pursuant to the various economic sanc- property previously blocked until pro- imposed under the foregoing statutes tions programs administered by OFAC vision is made to address claims or en- in the Federal Republic of Yugoslavia (61 FR

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5176 CONGRESSIONAL RECORD — SENATE June 2, 1997 32936, June 26, 1996), was also amended curity Council, and the Department of ficiary developing country under the to remove these vessels from the list Commerce. GSP program because it has taken effective May 19, 1997. A copy of the 7. In the last year and a half, sub- steps to improve worker rights and the amendment is attached to this report. stantial progress has been achieved to protection of intellectual property. I 3. Over the past year, the Depart- bring about a settlement of the conflict have also determined, as a result of the ments of State and the Treasury have in the former Yugoslavia acceptable to 1995 Annual Review of petitions for worked closely with European Union the parties. UNSCR 1074 terminates changes that three products should be member states and other U.N. member sanctions in view of the first free and added to the GSP list of eligible prod- nations to implement the provisions of fair elections to occur in the Republic ucts and that the competitive need UNSCR 1022. In the United States, re- of Bosnia and Herzegovina, as provided limits on 22 products should be waived. tention of blocking authority pursuant for in the Peace Agreement. In re- As a result of a review of 1996 imports to the extension of a national emer- affirming Resolution 1022, however, of GSP products, I have determined gency provides a framework for admin- UNSCR 1074 contemplates the contin- that de minimis limits on 79 products istration of an orderly claims settle- ued blocking of assets potentially sub- be waived and 11 products, whose im- ment. This accords with past policy ject to conflicting claims and encum- ports no longer exceed the program’s and practice with respect to the sus- brances until provision is made to ad- competitive need limits, should be re- pension of sanctions regimes. dress them under applicable law, in- designated as GSP eligible. Finally as 4. During this reporting period, OFAC cluding claims of the other successor a result of certain provisions of the leg- issued seven specific licenses regarding states of the former Yugoslavia. islation enacted in August 1996 reau- transactions pertaining to the FRY The resolution of the crisis and con- thorizing GSP, I am granting GSP eli- (S&M) or assets it owns or controls. flict in the former Yugoslavia that has gibility to an additional 1,783 articles Specific licenses have been issued (1) to resulted from the actions and policies not previously included under GSP, authorize the unblocking of certain of the Government of the Federal Re- provided that they are imported di- funds and other financial assets pre- public of Yugoslavia (Serbia and Mon- rectly from the least developed bene- viously blocked; (2) for the payment of tenegro), and of the Bosnian Serb ficiary developing countries. crews’ wages, vessel maintenance, and forces and the authorities in the terri- This notice is submitted in accord- emergency supplies for FRY (S&M)— tory that they control, will not be ance with the requirements of title V controlled ships blocked in the United complete until such time as the Peace of the Trade Act of 1974. States; and (3) to authorize perform- Agreement is implemented and the WILLIAM J. CLINTON. ance of certain transactions under pre- terms of UNSCR 1022 have been met. THE WHITE HOUSE, May 30, 1997. sanctions contracts. Therefore, I have continued for another f During the past 6 months, OFAC has year the national emergency declared MESSAGES FROM THE HOUSE continued to oversee the maintenance on May 30, 1992, as expanded in scope of blocked accounts and records with on October 25, 1994, and will continue At 12:03 p.m., a message from the respect to: (1) liquidated tangible as- to enforce the measures adopted pursu- House of Representatives, delivered by sets and personality of the 15 blocked ant thereto. Ms. Goetz, one of its reading clerks, an- United States subsidiaries of entities I shall continue to exercise the pow- nounced that the House has passed the organized in the (S&M); (2) the blocked ers at my disposal with respect to the following bill, in which it requests the personality, files, and records of the measures against the Government of concurrence of the Senate: two Serbian banking institutions in the Federal Republic of Yugoslavia H.R. 956. An act to amend the National New York previously placed in secure (Serbia and Montenegro), and the Bos- Narcotics Leadership Act of 1988 to establish storage; (3) remaining tangible prop- nian Serb forces, civil authorities, and a program to support and encourage local erty, including real estate; and (4) the entities, as long as these measures are communities that first demonstrate a com- 5 Yugoslav–owned vessels recently prehensive, long-term commitment to reduce appropriate, and will continue to re- substance abuse among youth, and for other unblocked in the United States. port periodically to the Congress on 5. Despite the prospective authoriza- purposes. significant developments pursuant to The message also announced that tion of transactions with the FRY 50 U.S.C. 1703(c). (S&M), OFAC has continued to work pursuant to the provisions of 15 U.S.C. WILLIAM J. CLINTON. 1024(a), the Chair announces the Speak- closely with the United States Customs THE WHITE HOUSE, May 30, 1997. Service and other cooperating agencies er’s appointment of the following Mem- to investigate alleged violations that f ber of the House to the Joint Economic occurred while sanctions were in force. REPORT CONCERNING THE GEN- Committee: Mr. EWING. Since my last report, OFAC has col- ERAL SYSTEM OF PREFERENCE The message further announced that lected six civil monetary penalties to- (GSP) FOR CAMBODIA—MESSAGE pursuant to the provisions of section taling nearly $39,000 for violations of FROM THE PRESIDENT RE- 2501 of title 44, United States Code, the the sanctions. These violations in- CEIVED DURING THE ADJOURN- Chair announces the Speaker’s ap- cluded prohibited imports, exports, MENT—PM–42 pointment of the following Member of contract dealings, and payments to the the House to the National Historical Under the authority of the order of Government of the FRY (S&M), per- Publications and Records Commission: the Senate January 7, 1997, the Sec- sons in the FRY (S&M), or to blocked Mr. BLUNT. retary of the Senate, on May 30, 1997, entities owned or controlled by the f during the adjournment of the Senate, FRY (S&M). received the following message from MEASURE PLACED ON THE 6. The expenses incurred by the Fed- CALENDAR eral Government in the 6-month period the President of the United States, to- from November 30, 1996, through May gether with an accompanying report; The following measure was read the 29, 1997, that are directly attributable which was referred to the Committee first and second times by unanimous to the declaration of a national emer- on Finance. consent and placed on the calendar: gency with respect to the FRY (S&M) To the Congress of the United States: H.R. 956. An act to amend the National and the Bosnian Serb forces and au- The Generalized System of Pref- Narcotics Leadership Act of 1988 to establish thorities are estimated at approxi- erences (GSP) program offers duty-free a program to support and encourage local communities that first demonstrate a com- mately $400,000, most of which rep- treatment to specified products that prehensive, long-term commitment to reduce resents wage and salary costs for Fed- are imported from designated devel- substance abuse among youth, and for other eral personnel. Personnel costs were oping countries. The program is au- purposes. largely centered in the Department of thorized by title V of the Trade Act of f the Treasury (particularly in OFAC 1974, as amended. and its Chief Counsel’s Office, and the Pursuant to title V, I have deter- MEASURE READ THE FIRST TIME United States Customs Service), the mined that Cambodia should be des- The following bill was read the first Department of State, the National Se- ignated as a least developed bene- time:

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5177 H.R. 867. An act to promote the adoption of mission, transmitting, pursuant to law, a re- EC–2006. A communication from the Direc- children in foster care. port on Compact activities; to the Com- tor of the U.S. Office of Personnel Manage- f mittee on Energy and Natural Resources. ment, transmitting, a draft of proposed legis- EC–1993. A communication from the Dep- lation entitled ‘‘The Federal Employees EXECUTIVE AND OTHER uty Associate Director for Compliance, Roy- Health Benefits Provider Integrity Amend- COMMUNICATIONS alty Management Program, Minerals Man- ments of 1997’’; to the Committee on Govern- agement Service, Department of the Inte- mental Affairs. The following communications were rior, transmitting, pursuant to law, notice of EC–2007. A communication from the Presi- laid before the Senate, together with the intention to make refunds of offshore dent of the U.S. Institute of Peace, transmit- accompanying papers, reports, and doc- lease revenues where a refund or recoupment ting, pursuant to law, the annual report on uments, which were referred as indi- is appropriate; to the Committee on Energy the system of internal accounting and finan- cated: and Natural Resources. cial controls in effect during fiscal year 1996; to the Committee on Governmental Affairs. EC–1979. A communication from the Assist- EC–1994. A communication from the Assist- ant Secretary of the Interior for Land and EC–2008. A communication from the Archi- ant Legal Adviser for Treaty Affairs, Depart- vist of the United States, transmitting, pur- ment of State, the report of the texts of Minerals Management, transmitting, pursu- ant to law, a rule entitled ‘‘Pipeline Right- suant to law, a report of the proposed George international agreements, other than trea- Bush Presidential Library; to the Committee ties, and background statements; to the Of-Way Applications’’ (RIN1010–AC04) re- ceived on May 16, 1997; to the Committee on on Governmental Affairs. Committee on Foreign Relations. EC–2009. A communication from the Chair- EC–1980. A communication from the Assist- Energy and Natural Resources. EC–1995. A communication from the Com- man of the Board of Contract Appeals, trans- ant Secretary of State (Legislative Affairs), mitting, pursuant to law, the report of three transmitting, pursuant to law, a rule enti- missioner of the Bureau of Reclamation, De- partment of the Interior, transmitting, pur- rules including a rule entitled ‘‘Rules of Pro- tled ‘‘Visa’’ received on May 16, 1997; to the cedure for Transportation Rate Cases’’ Committee on Foreign Relations. suant to law, a report relative to the McKay Dam, Umatilla Project, Oregon; to the Com- (RIN3090–AG05, AG06, AG29) received on May EC–1981. A communication from the Assist- 7, 1997; to the Committee on Governmental ant Secretary of State (Legislative Affairs), mittee on Energy and Natural Resources. EC–1996. A communication from the Direc- Affairs. transmitting, pursuant to law, the report of tor of the U.S. Office of Personnel Manage- EC–2010. A communication from the Direc- a memorandum of justification relative to ment, transmitting, pursuant to law, a rule tor of the Administrative Office of the U.S. the Nonproliferation and Disarmament Courts, transmitting, pursuant to law, actu- entitled ‘‘Holidays and Premium Pay’’ Fund; to the Committee on Foreign Rela- arial reports for the plan year ending Sep- (RIN3206–AH86) received on May 22, 1997; to tions. tember 30, 1995; to the Committee on Govern- the Committee on Governmental Affairs. EC–1982. A communication from the Assist- EC–1997. A communication from the Execu- mental Affairs. ant Secretary of State (Legislative Affairs), EC–2011. A communication from the Chair- tive Director of the District of Columbia Fi- transmitting, pursuant to law, the report of man of the Federal Housing Finance Board, nancial Responsibility and Management As- a Presidential Determination relative to the transmitting, pursuant to law, the report sistance Authority, transmitting, pursuant Federation of Bosnia and Herzegovina; to the under the Inspector General Act for the pe- to law, a report entitled ‘‘Human Resource Committee on Foreign Relations. riod October 1, 1996 through March 31, 1997; Management: The District Needs A Strategic EC–1983. A communication from the Sec- to the Committee on Governmental Affairs. Approach’’; to the Committee on Govern- retary of Energy, transmitting, a draft of EC–2012. A communication from the Chair- mental Affairs. man and Chief Executive Officer of the Farm proposed legislation entitled ‘‘The Depart- EC–1998. A communication from the Acting ment of Energy National Security Programs Credit Administration, transmitting, pursu- Comptroller General of the United States, ant to law, the report under the Inspector Authorization Act for Fiscal Years 1998 and transmitting, pursuant to law, a report rel- 1999’’; to the Committee on Armed Services. General Act for the period October 1, 1996 ative to the Congressional Award Founda- through March 31, 1997; to the Committee on EC–1984. A communication from the Sec- tion for fiscal years 1995 and 1996; to the retary of Defense, transmitting, the notice of Governmental Affairs. Committee on Governmental Affairs. EC–2013. A communication from the Chair- a retirement; to the Committee on Armed EC–1999. A communication from the Sec- Services. man of the Federal Maritime Commission, retary of Agriculture, transmitting, a draft transmitting, pursuant to law, the report EC–1985. A communication from the Sec- of proposed legislation entitled ‘‘The Census retary of Defense, transmitting, pursuant to under the Inspector General Act for the pe- of Agriculture Act of 1997’’; to the Com- riod October 1, 1996 through March 31, 1997; law, the DOD Weapon Systems Sustainment mittee on Governmental Affairs. Programs report for fiscal year 1997; to the to the Committee on Governmental Affairs. EC–2000. A communication from the Sec- EC–2014. A communication from the Chief Committee on Armed Services. retary of Transportation, transmitting, pur- of the Regulations Unit, Internal Revenue EC–1986. A communication from the Gen- suant to law, the report under the Inspector Service, Department of the Treasury, trans- eral Counsel of the Department of Defense, General Act for the period October 1, 1996 mitting, pursuant to law, the report of an ac- transmitting, a draft of proposed legislation through March 31, 1997; to the Committee on tion on decision; to the Committee on Fi- entitled ‘‘The NATO Joint Surveillance/Tar- Governmental Affairs. nance. get Attack Radar System Act of 1997’’; to the EC–2001. A communication from the Chair- EC–2015. A communication from the Chief Committee on Armed Services. man of the Federal Election Commission, of the Regulations Unit, Internal Revenue EC–1987. A communication from the Gen- transmitting, pursuant to law, the report of Service, Department of the Treasury, trans- eral Counsel of the Department of Defense, the Government in the Sunshine Act for cal- mitting, pursuant to law, the reports rel- transmitting, three drafts of proposed legis- endar year 1996; to the Committee on Gov- ative to Notices 97–27 and 97–30; to the Com- lation; to the Committee on Armed Services. ernmental Affairs. mittee on Finance. EC–1988. A communication from the Gen- EC–2002. A committee from the Executive EC–2016. A communication from the Chief eral Counsel of the Department of Defense, Director of the Committee for Purchase of the Regulations Unit, Internal Revenue transmitting, a draft of proposed legislation From People Who Are Blind or Severely Dis- Service, Department of the Treasury, trans- entitled ‘‘The Suspension of the Mobilization abled, transmitting, pursuant to law, the re- mitting, pursuant to law, the reports rel- Income Insurance Program’’; to the Com- port of additions to the Procurement List re- ative to Revenue Rulings 97–23 and 97–24; to mittee on Armed Services. ceived on May 9, 1997; to the Committee on the Committee on Finance. EC–1989. A communication from the Gen- Governmental Affairs. EC–2017. A communication from the Chief eral Counsel of the Department of Defense, EC–2003. A communication from the Dis- of the Regulations Unit, Internal Revenue transmitting, a draft of proposed legislation trict of Columbia Auditor, transmitting, pur- Service, Department of the Treasury, trans- entitled ‘‘The Military Commissary Act of suant to law, the report entitled ‘‘Audit of mitting, pursuant to law, the reports of five 1997’’; to the Committee on Armed Services. Certain Expenditures and Events in the Ex- Treasury regulations including a rule enti- EC–1990. A communication from the Ad- ecutive Office of the Mayor for the Period tled ‘‘Endangered and Threatened Wildlife ministrator of the Energy Information Ad- October 1, 1995 through January 31, 1997’’; to and Plants’’ (RIN1018–AC74, 1545–AU41, 1545– ministration, Department of Energy, trans- the Committee on Governmental Affairs. AV19, 1545–AS49, 1545–AU14); to the Com- mitting, pursuant to law, the report entitled EC–2004. A communication from the Direc- mittee on Finance. ‘‘International Energy Outlook 1997’’; to the tor of the U.S. Office of Personnel Manage- EC–2018. A communication from the Chair Committee on Energy and Natural Re- ment, transmitting, pursuant to law, the re- of the Physician Payment Review Commis- sources. port on the Federal Equal Opportunity Re- sion, transmitting, pursuant to law, a report EC–1991. A communication from the Sec- cruitment Program for fiscal year 1996; to entitled ‘‘Issues For Improving the Volume retary of Agriculture, transmitting, pursu- the Committee on Governmental Affairs. Performance Standard System;’’; to the ant to law, a report relative to the Youth EC–2005. A communication from the Direc- Committee on Finance. Conservation Corps for calendar year 1996; to tor of the U.S. Office of Personnel Manage- EC–2019. A communication from the Acting the Committee on Energy and Natural Re- ment, transmitting, pursuant to law, a re- Commissioner of Social Security, transmit- sources. port relative to a personnel management ting, pursuant to law, a report relative to EC–1992. A communication from the Chair- demonstration project; to the Committee on payment cycling; to the Committee on Fi- person of the Klamath River Compact Com- Governmental Affairs. nance.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5178 CONGRESSIONAL RECORD — SENATE June 2, 1997 EC–2020. A communication from the Sec- suant to law, two rules including a rule enti- May 22, 1997; to the Committee on Environ- retary of Defense, transmitting, a draft of tled ‘‘Fisheries of the Northeastern United ment and Public Works. proposed legislation to provide tax incen- States’’ (RIN0648–AH06, AI80); to the Com- EC–2047. A communication from the Direc- tives to employers of members of Reserve mittee on Commerce, Science, and Transpor- tor of the Office of Regulatory Management components; to the Committee on Finance. tation. and Information, U.S. Environmental Pro- EC–2021. A communication from the Acting EC–2033. A communication from the Assist- tection Agency, transmitting, pursuant to Secretary of Labor, transmitting, pursuant ant Secretary of State (Legislative Affairs), law, three rules received on May 1, 1997; to to law, the report of the trade and employ- transmitting, pursuant to law, the report of the Committee on Environment and Public ment effects of the Caribbean Basin Eco- a certification regarding the incidental cap- Works. nomic Recovery Act; to the Committee on ture of sea turtles; to the Committee on EC–2048. A communication from the Direc- Finance. Commerce, Science, and Transportation. tor of the Office of Regulatory Management EC–2022. A communication from the Sec- EC–2034. A communication from the Sec- and Information, U.S. Environmental Pro- retary of Health and Human Services, trans- retary of the Federal Trade Commission, tection Agency, transmitting, pursuant to mitting, a draft of proposed legislation enti- transmitting, pursuant to law, two rules in- law, two rules received on May 1, 1997; to the tled ‘‘The Medicare and Medicaid Fraud, cluding a rule concerning disclosures regard- Committee on Environment and Public Abuse, and Waste Prevention Amendments ing energy consumption; to the Committee Works. of 1997’’; to the Committee on Finance. on Commerce, Science, and Transportation. EC–2049. A communication from the Direc- EC–2023. A communication from the Sec- EC–2035. A communication from the Man- tor of the Office of Regulatory Management retary of Housing and Urban Development, aging Director of the Federal Communica- and Information, U.S. Environmental Pro- transmitting, a draft of proposed legislation tions Commission, transmitting, pursuant to tection Agency, transmitting, pursuant to entitled ‘‘The Housing 2020: Multifamily law, a rule received on May 21, 1997; to the law, six rules received on May 6, 1997; to the Management Reform Act’’; to the Com- Committee on Commerce, Science, and Committee on Environment and Public mittee on Finance. Transportation. Works. EC–2024. A communication from the Board EC–2036. A communication from the Acting EC–2050. A communication from the Direc- of Trustees of the Federal Hospital Insurance Managing Director (Performance Evaluation tor of the Office of Regulatory Management Trust Fund, transmitting, pursuant to law, and Records Management), Federal Commu- and Information, U.S. Environmental Pro- the annual report for 1997; to the Committee nications Commission, transmitting, pursu- tection Agency, transmitting, pursuant to on Finance. ant to law, a rule received on May 14, 1997; to law, fourteen rules received on May 8, 1997; to the Committee on Environment and Pub- EC–2025. A communication from the Board the Committee on Commerce, Science, and lic Works. of Trustees of the Federal Hospital Insurance Transportation. EC–2051. A communication from the Direc- Trust Fund, transmitting, pursuant to law, EC–2037. A communication from the Chair- tor of the Office of Regulatory Management the annual report for 1997; to the Committee man of the U.S. Nuclear Regulatory Commis- and Information, U.S. Environmental Pro- on Finance. sion, transmitting, pursuant to law, the re- tection Agency, transmitting, pursuant to EC–2026. A communication from the Gen- port on the nondisclosure of safeguards in- law, two rules received on May 12, 1997; to eral Counsel of the Department of Transpor- formation for the period January 1 through the Committee on Environment and Public tation, transmitting, pursuant to law, sixty- March 31, 1997; to the Committee on Environ- Works. four rules including a rule entitled ‘‘Depower ment and Public Works. EC–2052. A communication from the Direc- Exclusions from Requirements for Vehicles’’ EC–2038. A communication from the Chair tor of the Office of Regulatory Management (RIN2127–AG80, 2127–AG14, 2105–AC51, 2105– of the Good Neighbor Environmental Board, and Information, U.S. Environmental Pro- AC57); to the Committee on Commerce, transmitting, pursuant to law, the annual re- tection Agency, transmitting, pursuant to Science, and Transportation. port for calendar year 1996; to the Committee law, a rule received on May 14, 1997; to the EC–2027. A communication from the Sec- on Environment and Public Works. Committee on Environment and Public retary of Commerce, transmitting, pursuant EC–2039. A communication from the Assist- Works. to law, a report entitled ‘‘Methods For ant Secretary of the Army (Civil Works), EC–2053. A communication from the Direc- Salmonid Stock-Specific Identification In transmitting, pursuant to law, a report rel- tor of the Office of Regulatory Management Ocean Fisheries’’; to the Committee on Com- ative to a project for flood control; to the and Information, U.S. Environmental Pro- merce, Science, and Transportation. Committee on Environment and Public tection Agency, transmitting, pursuant to EC–2028. A communication from the Acting Works. law, three rules received on May 14, 1997; to General Counsel of the Department of Com- EC–2040. A communication from the Assist- the Committee on Environment and Public merce, transmitting, a draft of proposed leg- ant Secretary of the Army (Civil Works), Works. islation entitled ‘‘The Weather Service Mod- transmitting, pursuant to law, a report rel- EC–2054. A communication from the Direc- ernization Streamlining Act of 1997’’; to the ative to a project for flood damage reduc- tor of the Office of Regulatory Management Committee on Commerce, Science, and tion; to the Committee on Environment and and Information, U.S. Environmental Pro- Transportation. Public Works. tection Agency, transmitting, pursuant to EC–2029. A communication from the Direc- EC–2041. A communication from the Acting law, nine rules received on May 14, 1997; to tor of the Office of Sustainable Fisheries, Director of the Fish and Wildlife Service, De- the Committee on Environment and Public National Marine Fisheries Service, National partment of the Interior, transmitting, pur- Works. Oceanic and Atmospheric Administration, suant to law, a rule to list the Barton EC–2055. A communication from the Direc- Department of Commerce, transmitting, pur- Springs Salamander as endangered (RIN1018– tor of the Office of Regulatory Management suant to law, four rules including a rule enti- AC22) received on May 1, 1997; to the Com- and Information, U.S. Environmental Pro- tled ‘‘Fisheries in the Exclusive Economic mittee on Environment and Public Works. tection Agency, transmitting, pursuant to Zone Off Alaska’’ (RIN0648–AH06); to the EC–2042. A communication from the Sec- law, three rules received on May 19, 1997; to Committee on Commerce, Science, and retary of Transportation, transmitting, pur- the Committee on Environment and Public Transportation. suant to law, a report relative to regulations Works. EC–2030. A communication from the Acting concerning oils; to the Committee on Envi- EC–2056. A communication from the Direc- Assistant Administrator for Fisheries, Na- ronment and Public Works. tor of the Office of Regulatory Management tional Marine Fisheries Service, National EC–2043. A communication from the Direc- and Information, U.S. Environmental Pro- Oceanic and Atmospheric Administration, tor of the Office of Congressional Affairs, tection Agency, transmitting, pursuant to Department of Commerce, transmitting, pur- U.S. Nuclear Regulatory Commission, trans- law, one rule received on May 20, 1997; to the suant to law, three rules including a rule en- mitting, pursuant to law, a rule received on Committee on Environment and Public titled ‘‘Magnuson-Stevens Act Provisions’’ May 16, 1997; to the Committee on Environ- Works. (RIN0648–AJ59, AI13, AI19); to the Committee ment and Public Works. EC–2057. A communication from the Direc- on Commerce, Science, and Transportation. EC–2044. A communication from the Direc- tor of the Office of Regulatory Management EC–2031. A communication from the Acting tor of the Office of Congressional Affairs, and Information, U.S. Environmental Pro- Director of the Office of Sustainable Fish- U.S. Nuclear Regulatory Commission, trans- tection Agency, transmitting, pursuant to eries, National Marine Fisheries Service, Na- mitting, pursuant to law, a rule received on law, four rules received on May 21, 1997; to tional Oceanic and Atmospheric Administra- May 19, 1997; to the Committee on Environ- the Committee on Environment and Public tion, Department of Commerce, transmit- ment and Public Works. Works. ting, pursuant to law, three rules including a EC–2045. A communication from the Direc- f rule entitled ‘‘Fisheries of the Exclusive tor of the Office of Congressional Affairs, Economic Zone Off Alaska’’; to the Com- U.S. Nuclear Regulatory Commission, trans- PETITIONS AND MEMORIALS mittee on Commerce, Science, and Transpor- mitting, pursuant to law, a rule received on The following petitions and memo- tation. May 21, 1997; to the Committee on Environ- EC–2032. A communication from the Acting ment and Public Works. rials were laid before the Senate and Assistant Administrator for Fisheries, Na- EC–2046. A communication from the Direc- were referred or ordered to lie on the tional Marine Fisheries Service, National tor of the Office of Congressional Affairs, table as indicated: Oceanic and Atmospheric Administration, U.S. Nuclear Regulatory Commission, trans- POM–52. A concurrent resolution adopted Department of Commerce, transmitting, pur- mitting, pursuant to law, a rule received on by the Legislature of the State of Arizona; to

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5179 the Committee on Agriculture, Nutrition, consumer prices have steadily increased in Section 2. and Forestry. relation to the quality of product available; (a) That the legislature hereby formally HOUSE CONCURRENT MEMORIAL 2005 and requests Wyoming’s Congressional Delega- Whereas, over time this situation has con- tion to: Whereas, agriculture in the State of Ari- tinued to intensity resulting in an alarming (i) Take whatever measures are needed to zona represents a $6.2 billion industry; and loss of input to the overall economy of Wyo- ensure implementation, enactment and en- Whereas, wheat production, a $90 million ming of over two million eight hundred thou- forcement of the items listed in section 1 of industry in Arizona, plays an important role sand dollars ($2,800,000.00) per day; and this act, and help to coordinate and facili- in maintaining the fertility and efficiency of Whereas, this trend towards concentration tate the efforts among relevant federal agen- Arizona’s soils; and and vertical integration of the livestock in- cies, including the U.S.D.A., the United Whereas, Arizona wheat producers have de- dustry threatens free enterprise and the States Department of Justice, the Federal veloped a $35 million durum wheat seed in- independence of Wyoming’s and the nation’s Trade Commission and the Commodity Fu- dustry that supplies customers around the livestock producers, as well as the economic tures Trading Commission; and world; and vitality of the communities and states de- (ii) Introduce and support federal legisla- Whereas, the discovery of the Karnal bunt pendent upon the livestock industry; and tion which would protect producers from re- fungus in Arizona in March 1996 has affected Whereas, federal antitrust law is founded taliation by packing processing firms on ac- not only Arizona’s wheat industry but all of on economic principles of preserving com- count of any statement made by producers the state’s related agricultural commodities, petitive markets and a social policy that to USDA officials or to law enforcement including livestock and dairy; and small business should be preserved; and agencies or in a public forum regarding prac- Whereas, while Karnal bunt affects grain Whereas, federal antitrust laws, if en- tices or actions of the packing processing quality, it does not present a direct risk to forced, ensure that individual businesses do firms; and human health or livestock; and not dominate shares of individual markets to (iii) Instigate full scale investigations at Whereas, the United States Department of the point of harming the public, including the federal level of activities and practices Agriculture has implemented a quarantine consumers, producers and workers; and within the USDA and other responsible agen- on the state of Arizona, restricting the inter- Whereas, free competitive markets foster cies concerning the gathering, reporting and state movement not only of wheat but also innovation and efficiency, promote free en- interpreting of agricultural commodities of other regulated articles such as wheat terprise and public confidence, and are bene- supply data, and what effects these reports conveyors, grain elevators and related equip- ficial not only to the general population but historically have had upon the cash and com- ment; and to the security of the nation as well: Now, modities futures markets. Whereas, nine other states have discovered therefore be it Resolved that: Section 3. That the Secretary of State of Karnal bunt spores in their wheat and have Section 1. Wyoming send copies of this resolution to not been quarantined to the extent that Ari- (a) That Congress direct the Federal Trade the President of the United States, the zona has been; and Commission, the Packers and Stockyards President of the Senate and Speaker of the Whereas, the American Phytopathological Administration of the United States Depart- House of Representatives of the United Society has stated its opposition to a ‘‘zero ment of Agriculture (U.S.D.A.), the Com- States Congress, each member of the Wyo- tolerance’’ requirement for Karnal bunt seed modity Futures Trading Commission and the ming Congressional Delegation, the Sec- spores, suggesting that Karnal bunt is a United States Attorney General to enforce retary of the United States Department of minor disease that can be effectively man- existing law to: Agriculture and the Federal Trade Commis- aged without the use of quarantines. The So- (i) Prohibit packing processing firms from sion, the United States Department of Jus- ciety believes that this and similar diseases owning or controlling their live animal in- tice and the Commodity Futures Trading can be satisfactorily controlled by seed- ventory needs beyond seven (7) days prior to Commission. treatment chemicals, resistant varieties and pickup or delivery; and the use of cultural practices; and (ii) Require packing processing firms to re- POM–54. A joint resolution adopted by the Whereas, the United States cannot declare port daily the quantity of animals pur- Legislature of the State of California; to the itself as free of Karnal bunt for international chased, the kind, quality and respective pur- Committee on Appropriations. chase prices; and trading purposes as long as even a single ASSEMBLY JOINT RESOLUTION NO. 1 state reports the presence of this disease. A (iii) Require packing and processing firms Whereas, The unprecedented flooding finding of Karnal bunt in any state could un- to report weekly the quantity of all products across California has caused the loss of life, fairly result in the restriction of all wheat sold as to kind, quality and respective price destruction of homes, and an unprecedented from the United States, even that produced received for each market category, carcass, disruption in the web of neighbors, transpor- and imported from an unaffected area of the boxed, restaurant, export, byproduct, phar- tation, commerce, services, and communica- nation. maceuticals, etc.; and tions that bind communities together; and Wherefore your memorialist, the House of (iv) Require meat wholesalers and distribu- tors to report weekly the quantity of prod- Whereas, Forty-eight counties in Cali- Representatives of the State of Arizona, the fornia have qualified for federal disaster re- Senate concurring, prays: uct sold, the kind, quality and respective price received for each market category, car- lief because of damage caused by the recent 1. That the Congress of the United States flooding; and instruct the United States Department of cass, boxed, restaurant, export, tripe, by- product, etc.; and Whereas, The State of California is enti- Agriculture to establish reasonable, science- tled to $100 million in federal emergency re- based standards by which wheat growers in (v) Prohibit packing and processing firms from speculative ‘‘short’’ selling of com- lief funds for transportation infrastructure the United States can market wheat and repair for this disaster; and other grain products that contain Karnal modity future contracts; and (vi) Require packing processing firms to di- Whereas, California state agencies have al- bunt. vest themselves of producing capacity ex- ready identified well over $300 million worth 2. That the United States Department of ceeding twenty percent (20%) of total pro- of flood-caused transportation damages that Agriculture sponsor an international meet- duction share; and are eligible for state and federal funding for ing of scientists to evaluate the management (vii) Initiative monthly reporting by the urgently needed repairs; and of Karnal bunt and other fungi and to re- U.S.D.A. of the retail value of all meat and Whereas, California has already requested evaluate international policies on the use of meat products and market categories, gro- the release of the $100 million in federal quarantine that inhibit free trade. cery sales, governmental and institutional transportation disaster relief funds of which 3. That the Secretary of State of the State sales, catering and restaurant sales, export only $50 million have been received to date; of Arizona transmit copies of this memorial sales, etc.; and and to the President of the Senate of the United (viii) Lift the federal ban on federal equiv- Whereas, These moneys are urgently need- States, the Speaker of the House of Rep- alent state inspected meats for interstate ed to rebuild the lands, lives, and livelihood resentatives of the United States, the Sec- commerce; and of thousands of Californians; now therefore, retary of the United States Department of (ix) Require meat and meat products to be it Agriculture and each Member of the Arizona have country of origin and processor identi- Resolved by the Assembly and Senate of the Congressional Delegation. fication labels; and State of California, jointly, That the Legisla- (x) Require permanent country of origin ture of the State of California strongly urges POM–53. A joint resolution adopted by leg- identification of imported livestock; and the Federal Highway Administrator to im- islators of the State of Wyoming; to the (xi) Require all imported or domestic mediately released all of the requested Committee on Agriculture, Nutrition, and meat, poultry and seafood products subject transportation funds for which California is Forestry. to the same inspection, testing and labeling eligible, so that the flood-ravaged people of Whereas, the market concentration of the process and standards; and California may more speedily recover from top three (3) beef packing processing compa- (xii) Research for implementation of a their plight; and be it further nies has increased dramatically from just value based pricing structure for the live Resolved, That the Chief Clerk of the As- thirty-three percent (33%) of the market in cattle that reflects the premium obtained by sembly transmit copies of this resolution to 1978 to over eighty percent (80%) of the mar- the packer processors from the high quality the President and Vice President of the ket in 1996, which has resulted in record low meat products demanded by the consumer in United States, and to the Federal Highway prices for Wyoming cattle producers while today’s market. Administrator.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5180 CONGRESSIONAL RECORD — SENATE June 2, 1997 POM–55. A resolution adopted by the Leg- Whereas, during the winter season eighty Houlton to Fort Kent is such that substan- islature of the State of Alaska; to the Com- per cent of the agricultural products coming tial upgrades or reconstruction of the Route mittee on Appropriations. into the United States are brought through 1 corridor or alternative routes is necessary LEGISLATIVE RESOLVE NO. 71 Nogales, Arizona ports of entry; and for the economic growth and vitality of Whereas, in support of the federal unified Whereas the Alaska National Guard Youth northern Maine; and port management pilot project, the Arizona Whereas, northern Maine is critical as an Corps Challenge Program has provided near- legislature appropriated seven hundred fifty economic connector to Canada and the At- ly three hundred 16 to 18 year old graduates thousand dollars to fund a state unified port lantic Rim; and of the program with critically needed aca- management project at the Nogales, Arizona Whereas, various alternative improve- demic, vocational, and life skills education port entry that is schedule for completion by ments for the U.S. Route 1 corridor have and training; and been studied and it has been concluded that Whereas the Challenge Program, through July 1, 1997; and Whereas, an expedited processing at inter- these improvements would not only enhance its military discipline and structure, has in- national crossings pilot project is being im- mobility and accessibility, but would spur stilled in its graduates self-confidence, self- plemented at the Nogales, Arizona port of the economic development of northern esteem, and good citizenship skills; and Maine; and Whereas the Challenge Program provides entry to expedite commercial traffic uti- Whereas, the improvements would provide Alaska’s at-risk youth with an opportunity lizing state-of-the-art electronic technology the type of high quality north-south trans- to become successful, productive citizens of and computer systems and is scheduled for portation envisioned by the ‘‘20-Year State- the state and the nation; and completion by November 1997; and Whereas, the three million dollars that the wide Transportation Plan’’ called for by the Whereas the Challenge Program is an im- Arizona department of transportation re- Intermodal Surface Transportation Effi- portant crime and poverty prevention pro- ceives each year in federal monies does not ciency Act of 1991; and gram worthy of continued support by the adequately cover the department’s cost in Whereas, federal, state, local and private government of the Unites States; and support and innovative financing are critical Whereas 85 percent of the graduates of the conducting its required state transportation to fund any of several proposed alternative Challenge Program are either employed or in planning and research activities or the in- improvements and financing of those im- school; and creased demand on the department to fund provements would range from $290,000,000 to Whereas federal funding for the Challenge binational planning activities that are need- $476,000,000, the least costly alternative being Program is scheduled to end in September ed to develop a cohesive and coordinated nearly 6 times the Maine Department of 1997; transportation system between Arizona and Transportation’s biennial budget of Inter- Be it resolved, That the Alaska State Legis- the border states of Mexico. state and National Highway System funds; lature supports continued funding for the Whereas, your memorialist, the House of now, therefore, be it Alaska National Guard Youth Corps Chal- Representatives of the State of Arizona, the Resolved, That We, your Memorialists, re- lenge Program; and be it Senate concurring, prays: quest the United States Congress and the Further resolved, That the Alaska State 1. That the Congress of the United States President of the United States to provide es- Legislature urges the United States Congress in the next surface transportation act pro- sential financial assistance to address the to continue funding for the Alaska National vides more money to states located in the need for substantial highway improvements Guard Youth Corps Challenge Program and high priority corridors that were identified in this economically depressed, yet strategi- urges the President of the United States to in the National Highway System Designa- cally located, section of the United States; support the funding. tion Act of 1995. 2. That the Congress of the United States and be it further Resolved, That suitable copies of this reso- POM–56. A concurrent resolution adopted approves legislation that makes more federal lution, duly authenticated by the Secretary by the Legislature of the State of Arizona; to monies available for port facility projects of State, be transmitted to the Honorable the Committee on Appropriations. and supporting border transportation infra- structure projects. William J. Clinton, President of the United HOUSE CONCURRENT MEMORIAL 2002 3. That the Congress of the United States States, the President of the United States The state of Arizona and the state of So- earmarks future federal monies to assist bor- Senate, the Speaker of the House of Rep- nora should adopt resolutions encouraging der states in implementing the findings and resentatives of the United States and each their respective congresses to allocate more recommendation of the unified port manage- Member of the Maine Congressional Delega- federal monies for: ment pilot projects now underway at the tion. 1. Implementation of recommendations re- port of entry in Nogales, Arizona and the sulting from the Nogales unified port man- port of entry in Buffalo, New York. POM–58. A resolution adopted by the House agement and expedited processing at inter- 4. That the Congress of the United States of the General Assembly of the Common- national crossings pilot projects. earmarks future federal monies to assist bor- wealth of Pennsylvania; to the Committee 2. Highway projects that enhance the link- der states in implementing the findings and on Appropriations. age of the CANAMEX corridor. recommendations of the expedited proc- HOUSE RESOLUTION NO. 93 3. Port facilities and supporting infrastruc- essing at international crossings pilot Whereas, macular degeneration is the most ture projects that are necessary to improve project now underway at the port of entry in frequent cause of legal blindness in the traffic flow across the border between Ari- Nogales, Arizona. United States; and zona and Mexico. 5. That the Congress of the United States Whereas, over 13 million American citizens 4. Binational transportation planning ac- provides additional monies as part of a new suffer from macular degeneration; and tivities; and federal highway reauthorization act to bor- Whereas, there are currently no identifi- Whereas, four hundred twenty-four thou- der states that are being required to partici- able causes for this disease; and sand eighty-three commercial vehicles pate in and fund more binational transpor- Whereas, macular degeneration develops crossed the border between Arizona and Mex- tation planning activities. gradually and painlessly, resulting from ico from January 1995 through December 1996 6. That the Congress of the United States blood vessels leaking onto the macular re- and commercial vehicle traffic is conserv- provided additional monies to increase the gion between the retain and its supporting atively estimated to increase by ten per cent number of federal and state enforcement of- layer of choroid tissue in the eye; and annually over the next few years with fur- ficers at ports of entry along the border be- Whereas, macular degeneration, unless de- ther implementation of the North America tween Arizona and Mexico in order to take tected early, produces considerable impair- Free Trade Agreement; and advantage of recent and future port facility ment of central vision; and Whereas, the December 1993 Arizona border and transportation infrastructure improve- Whereas, the only treatment for macular infrastructure needs assessment conducted ments and the implementation of a new uni- degeneration is laser therapy to coagulate by the Arizona department of transportation fied port management procedures. abnormal blood vessels to prevent or slow estimates that eight hundred fifty million 7. That the Secretary of State of the State further loss of vision; and dollars are needed to fund intermodal trans- of Arizona transmit copies of this Memorial Whereas, this treatment is useful during portation projects over the next ten years to to the Speaker of the United States House of the early stages of the disease; therefore be handle increased commercial traffic as a re- Representatives and to the President of the it sult of the North American Free Trade United States Senate. Resolved, That the House of Representa- Agreement; and tives of the Commonwealth of Pennsylvania Whereas, a 1996 port facilities needs assess- POM–57. A joint resolution adopted by the memorialize the Congress of the United ment study conducted by the Arizona depart- Legislature of the State of Maine; to the States to fund research studies which exam- ment of transportation identified three mil- Committee on Appropriations. ine the causes of this devastating and debili- lion five hundred thousand dollars in short- Whereas, Interstate 95 ends at Houlton, tating disease; and be it further term and eighteen million dollars in long- Maine, 99 miles from the end of U.S. Route 1 Resolved, That the House of Representa- term port facilities projects that are needed in Fort Kent, Maine, which parallels the tives request Congress to fund research stud- to keep pace with the increase in commer- international border in northern Maine be- ies which examine possible cures of this dis- cial and pedestrian traffic at ports of entry tween the United States and Canada; and ease; and be it further along the border between Arizona and Mex- Whereas, the structural and functional Resolved, That copies of this resolution be ico; and condition of the U.S. Route 1 corridor from transmitted to the presiding officers of each

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5181 house of Congress and to each member of well-being and linchpin for the creative Whereas, all onsite personnel will be elimi- Congress from Pennsylvania. thinking needed for the work force of the nated and the airport will be operated as an next millennium. automatic flight-service center, served by an POM–59. A resolution adopted by the House Now, therefore, be it resolved by the under- air traffic controller located in Oakland, of the General Assembly of the Common- signed legislators of the State of Wyoming California; and wealth of Pennsylvania; to the Committee that: Whereas, the FAA plan eliminates all air on Appropriations. The Congress of the United States of traffic personnel between McMinville, Or- America is hereby encouraged to endorse the HOUSE RESOLUTION NO. 137 egon, and Oakland, California, and this same President’s request for $136 million in fund- geographic discrepancy on the east coast of Whereas, the Gettysburg National Military ing for the National Endowment for the Arts. the United States would be similar to elimi- Park, located in Gettysburg, is the scene It is further resolved, That the Secretary of nating all air traffic controllers between where an epic, three-day battle occurred dur- State of Wyoming transmit copies of this Portland, Maine and Richmond, Virginia; ing July 1863; and resolution to the President of the United and Whereas, in the battle of Gettysburg ap- States, to the President of the Senate and Whereas, the Arcata-Eureka Airport flight- proximately 51,000 men were killed, wounded the Speaker of the House of Representatives service center has provided daily services for or captured in order to secure the sanctity of of the United States Congress and to the Wy- commercial, corporate, and general aviation the Union and freedom for all people; and oming Congressional Delegation. traffic for over four decades; and Whereas, the Gettysburg National Military Whereas, it serves the region’s smaller air- Park is the largest and most visited of the POM–61. A resolution adopted by the Leg- ports, which include Brookings, Oregon, and nation’s 24 Civil War parks; and islature of the State of Washington; to the Crescent City, Fortuna, Shelter Cove, Willow Whereas, there are 1,300 monuments and Committee on Armed Services. Creek, and Hoopa, California, and averages statues and 400 cannons scattered about the SENATE JOINT MEMORIAL 8008 150 to 300 contacts and a traffic flow of 40 to 5,900 acres of the Gettysburg National Mili- Whereas, the Battleship U.S.S. Missouri 100 airplanes daily; and tary Park; and (BB 63) is the solitary identifiable symbol of Whereas, there are unique weather and ge- Whereas, over 1.7 million people visit the the end of World War II for both the service- ographic factors to be considered such as Gettysburg National Military Park annu- men and women who served overseas during that the airport was constructed overlooking ally; and that period and the millions of home front the Pacific Ocean by the Navy during World Whereas, the Gettysburg National Military defense workers; and War II to test military defogging equipment, Park is deteriorating due to lack of funds, Whereas, this intrinsic historical vessel is as it is believed to be the foggiest stretch of and the deterioration of the park is a na- presently moored on the mainland of the coastline in the western United States; and tional disgrace that wants, needs and de- contiguous states of the union where the ma- Whereas, on average, Instrument Flight mands congressional action; and jority of veterans and home front defense Rules (IFR) must be filed 265 days per year Whereas, funds are needed to preserve and workers and their descendants reside and are due to fog and inclement weather, and sta- protect the Gettysburg National Military economically able to visit and observe the tion personnel must utilize a wide array of Park; and significance of the U.S.S. Missouri’s involve- tools to ensure air traffic safety, including Whereas, the people of the United States of ment in ending the most important event of radio frequencies, the telephone, a direction America must protect this important land- the 20th century; and finder, and on-the-ground view of the run- mark of our Civil War heritage; therefore be Whereas, the youth of the United States of way; and it America, the future leaders of this republic, Whereas, the closure of the station would Resolved, that the House of Representatives will learn from and appreciate the sacrifices put the safety of air travelers on the north of the Commonwealth of Pennsylvania me- for freedom which the U.S.S. Missouri rep- coast of California at risk, air traffic will ex- morialize the Congress of the United States resents; and perience greater delays and flight cancella- to provide an appropriation to preserve and Whereas, the Missouri on the Mainland tions, and local efforts to improve the re- protect the Gettysburg National Military Committee (MOM) has been duly organized gional economy through tourism and com- Park; and be it further and proposes that the Battleship U.S.S. Mis- merce will be adversely affected: Now, there- Resolved, that the Chief Clerk of the House souri (BB 63) be moored at a suitable loca- fore, be it of Representatives transmit a copy of this tion on the mainland to provide accessibility Resolved by the Senate and Assembly of the resolution to each member of Congress. for the majority of the American public to State of California, jointly, That the California savor a taste of freedom and their heritage; Legislature memorializes Congress to oppose POM–60. A joint resolution adopted by leg- and the closure of the air flight-service center at islators of the State of Wyoming; to the Whereas, the Washington State legislature the Arcata-Eureka Airport, in Humboldt Committee on Appropriations. supports the actions and the proposal of the County, California, and to direct the Federal Whereas, the people of Wyoming have ben- Missouri on the Mainland Committee Aviation Administration to act accordingly: efited from the development of stronger and (MOM); And be it further more accessible arts activity in every county Now, therefore, your Memorialists respect- Resolved, that the Secretary of the Senate of the state because of the assistance pro- fully pray that the Congress of the United transmit copies of this resolution to the vided by the Wyoming Arts Council with States of America enact appropriate legisla- President and Vice President of the United support from the National Endowment for tion to retain the Battleship U.S.S. Missouri States, the Speaker of the House of Rep- the Arts; and (BB 63) at a selected site on the mainland. resentatives, to each Senator and Represent- Whereas, Arts Endowment funding of Be it resolved, That copies of this Memorial ative from California in the Congress of the $422,800 in FY 96 combined with $331,000 pro- be immediately transmitted to the Honor- United States, and to the Administrator of vided by the State help generate $12.3 mil- able William J. Clinton, President of the the Federal Aviation Administration. lion in cash from local Wyoming commu- United States, the President of the United nities; and States Senate, the Speaker of the House of POM–65. A resolution adopted by the Gen- Whereas, the annual audience for arts ac- Representatives, and each member of Con- eral Assembly of the State of New Jersey; to tivities in Wyoming exceeds 2,900,000 citizens gress from the State of Washington. the Committee on Commerce, Science, and and tourists; and Transportation. Whereas, lifelong education in the arts is a POM–62. A resolution adopted by the Board primary goal for the Arts Endowment and of Commissioners of the Metropolitan Knox- ASSEMBLY RESOLUTION NO. 9 the Wyoming Arts Council and helps our ville (Tennessee) Airport Authority relative Whereas; recent tragic events have reem- children develop higher-order thinking, cre- to the formation of the Safe Skies Alliance; phasized the importance of keeping our na- ativity, and problem solving skills that to the Committee on Commerce, Science, tion’s airports secure, and the Assembly carry over into all areas of study and are and Transportation. Transportation and Communications Com- crucial for an educated populace; and POM–63. A resolution adopted by the Board mittee held a public hearing on airport secu- Whereas, funding by the National Endow- of Mayor and Alderman of the City of Kings- rity matters which highlighted several areas ment for the Arts through the Wyoming Arts port, Tennessee relative to the Tele- where action should be taken to improve air- Council helps our state’s artists and arts in- communications Act of 1996; to the Com- port security; and stitutions gain regional and national rec- mittee on Commerce, Science, and Transpor- Whereas; although the Federal Aviation ognition, contributing to Wyoming’s growing tation. Administration (FAA) is responsible for recognition as a state that takes its arts se- POM–64. A joint resolution adopted by the overseeing all security-related matters at riously; and Legislature of the State of California; to the this country’s airports, responsibility for im- Whereas, National Endowment for the Arts Committee on Commerce, Science, and plementing airport security is fragmented funding in Wyoming and throughout the Transportation. among airline carriers, airport owners and United States has enabled arts organizations SENATE JOINT RESOLUTION NO. 12 operators and local police leading to a lack to win matching support from private Whereas, the Federal Aviation Administra- of uniform security procedures; and sources; and tion is scheduled to close the flight-service Whereas; airline carriers are responsible Whereas, all great nations support the arts station at the Arcata-Eureka Airport in for developing and implementing security knowing that the arts are vital to a society’s McKinleyville, Humboldt County; and procedures and protocols such as passenger

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5182 CONGRESSIONAL RECORD — SENATE June 2, 1997 and baggage screening, employment stand- Wymoning relative to the Bureau of Land sulted in the loss of significant economic re- ards for screening personnel, controlling ac- Management; to the Committee on Energy sources for the public schools and the tax- cess to airplanes, ensuring integrity of cargo and Natural Resources. payers of the State of Utah; and and baggage, and performing security inspec- POM–69. A resolution adopted by the Board Whereas, the power to establish national tions of aircraft; and of Campbell County Commissioners, Camp- monuments can be checked only in limited Whereas; the FAA should require criminal bell County, Wyoming relative to the Bureau circumstances; and background checks and fingerprint records of Land Management; to the Committee on Whereas, in 1950, the State of Wyoming ob- for all airport and airline employees who Energy and Natural Resources. tained statutory relief from the further es- have access to secure areas and Congress POM–70. A resolution adopted by the Leg- tablishment of national monuments without should enact legislation to provide airports islature of the State of Alaska; to the Com- the express authorization of Congress (16 and airlines with the necessary authority to mittee on Energy and Natural Resources. United States Code section 431a). conduct such background checks where air- RESOLUTION NO. 3 Wherefore your memorialist, the Senate of ports and airlines do not currently have the the State of Arizona, the House of Rep- Whereas, in sec. 1002 of the Alaska Na- authority to do so; and resentatives concurring, prays: Whereas; since airport employees are crit- tional Interest Lands Conservation Act 1. That the 105th Congress of the United ical to the effort of ensuring safer air travel, (ANILCA), the United States Congress re- States enacts legislation prohibiting the there should be uniform training require- served the right to permit further oil and gas President of the United States from further ments for all baggage handlers and security exploration, development, and production extending or establishing national monu- officers employed at airports, regardless of within the coastal plain of the Arctic Na- ments without the express authorization of who employs them; and tional Wildlife Refuge, Alaska; and Congress. Whereas; aggressive, proactive testing of Whereas the oil industry, the state, and 2. That the Secretary of State of the State existing security systems and proactive se- the United States Department of the Interior of Arizona transmit copies of this Memorial curity measures must be implemented at all consider the coastal plain to have the high- to the President of the United States, to airports to guard against lapses and compla- est potential for discovery of very large oil each Member of the Senate of the United cency that could lead to tragedy; and and gas accumulations on the continent of States and to each presiding officer of both Whereas; although the Gore Commission North America, estimated to be as much as houses of the legislature of each state in the has recommended expanded use of bomb- 10,000,000,000 barrels of recoverable oil; and union. sniffing dogs and the federal government has Whereas the residents of the North Slope made some funds available for that purpose, Borough, within which the coastal plain is POM–72. A concurrent resolution adopted that funding is so inadequate that it will located, are supportive of development in the by the Legislature of the State of Arizona; to provide only four bomb-sniffing dogs for the ‘‘1002 study area’’; and the Committee on Energy and Natural Re- three major airports operated by the Port Whereas oil and gas exploration and devel- sources. Authority of New York and New Jersey and opment of the coastal plain of the refuge and HOUSE CONCURRENT MEMORIAL 2003 funding for this program must be increased; adjacent land could result in major discov- Whereas, the bureau of land management and eries that would reduce our nation’s future Whereas, the FAA is developing other secu- need for imported oil, help balance the na- (BLM) has the authority to impose appro- rity measures such as better screening of tion’s trade deficit, and significantly in- priate criminal penalties for activities oc- cargo and mail and blast-resistant con- crease the nation’s security; and curring on BLM land; and tainers for cargo, which measures must be Whereas the state will ensure the contin- Whereas, BLM has proposed rules set forth implemented as soon as possible; and ued health and productivity of the Porcupine in the Federal Register dated November 7, Whereas, it is altogether fitting and proper Caribou herd and the protection of land, 1996 at pages 57615 through 57621 to expand and in the public interest for this House to water, and wildlife resources during the ex- its authority; and call upon Congress and the FAA to take im- ploration and development of the coastal Whereas, the proposed BLM rules would in- mediate action to improve airport security; plain of the Arctic National Wildlife Refuge; crease the amount of fines for certain crimi- now, therefore, be it nal acts that occur on federal lands from one Be it resolved by the General Assembly of Resolved by the Alaska State Legislature, thousand dollars to five hundred thousand the State of New Jersey: That the Congress of the United States is dollars; and 1. The United States Congress and the Fed- urged to pass legislation to open the coastal Whereas, pursuant to the same proposed eral Aviation Administration are urged to plain of the Arctic National Wildlife Refuge, rules BLM seeks to increase the prison sen- take immediate action to increase airport Alaska, to oil and gas exploration, develop- tence for persons who commit certain crimi- security, including: placing responsibility ment, and production; and be it further nal acts from one year to five years; and Whereas, under the proposed rules BLM for development and implementation of air- Resolved That that activity be conducted in would expand its authority beyond activities port security under one agency to provide for a manner that protects the environment and occurring on federal land to activities hav- a uniform system of airport security; requir- uses the state’s work force to the maximum ing a potential danger to affect water bodies ing criminal background checks and finger- extent possible. print records for all airport and airline em- on or adjacent to BLM lands. Thus, BLM ployees who have access to secure areas; im- POM–71. A concurrent resolution adopted would have law enforcement authority for plementing uniform training requirements by the Legislature of the State of Arizona; to activities on private lands adjacent to and for all baggage handlers and security officers the Committee on Energy and Natural Re- upstream from BLM lands; and Whereas, the proposed rules would give employed at airports, regardless of who em- sources. ploys them; implementing aggressive, BLM authority to preempt state laws over SENATE CONCURRENT MEMORIAL 1001 proactive testing of existing security sys- motor vehicles on BLM lands when the state tems and proactive security measures; in- Whereas, the Antiquities Act of 1906 (16 laws are less restrictive than the proposed creased funding for the bomb-sniffing dog United States Code sections 431, 432 and 433) rules or when a state does not have laws cov- program; and speeding development and im- grants authority to the President of the ering the areas included in the BLM pro- plementation of other security measures United States to establish national monu- posed rules; and such as better screening of cargo and mail ments; and Whereas, the rules would prohibit the di- and blast-resistant containers for cargo. Whereas, the Antiquities Act was intended version, transport or removal of any water 2. duly authenticated copies of this resolu- to preserve only historic landmarks, historic resources that are owned or reserved by the tion, signed by the Speaker of the General and prehistoric structures and other objects United States and administered by BLM un- Assembly and attested to by the Clerk there- of historic or scientific interest; and less BLM gave prior authorization. This of, shall be transmitted to the presiding offi- Whereas, the Antiquities Act has been mis- would prohibit states that own water that is cers of the United States Senate and House used repeatedly to set aside enormous par- reserved to the federal government and ad- of Representatives, each member of Congress cels of real property; and ministered by BLM from constructing dams, elected thereto from New jersey and the Ad- Whereas, the establishment in 1996 of the transporting water or removing water re- ministrator of the Federal Aviation Admin- Grand Staircase-Escalante National Monu- sources. istration. ment in southern Utah set aside 1.7 million Wherefore your memorialist, the House of acres of land despite the objections of public Representatives of the State of Arizona, the POM–66. A resolution adopted by the officials in the State of Utah, making it the Senate concurring, prays: Loudon County (Tennessee) Visitors Bureau largest national monument in the conti- 1. That Congress and the President of the relative to the Chickamauga Lock; to the nental United States; and United States prevent BLM from adopting Committee on Energy and Natural Re- Whereas, this designation clearly violates the proposed rules. sources. the spirit and letter of the Antiquities Act, 2. That the Secretary of State of the State POM–67. A resolution adopted by the Leg- which requires monument lands to ‘‘be con- of Arizona transmit copies of this Memorial islature of the Commonwealth of the North- fined to the smallest area’’ necessary to pre- to the President of the United States, to the ern Marianas relative to Guam; to the Com- serve and protect historical areas or objects; President of the United States Senate, to the mittee on Energy and Natural Resources. and Speaker of the United States House of Rep- POM–68. A resolution adopted by the Board Whereas, the creation of the Grand Stair- resentatives and to each Member of the Ari- of County Commissioners, Park County, case-Escalante National Monument has re- zona Congressional Delegation.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5183 POM–73. A joint resolution adopted by the south of the Columbia River and that the Whereas, Nevada has experienced a dra- Legislature of the State of Washington; to Wahluke Slope presently under the custody matic increase in its population during the the Committee on Energy and Natural Re- and control of the Department of Energy be last two decades; and sources. transferred in total to the counties of Grant, Whereas, the rate of increase in the popu- HOUSE JOINT MEMORIAL 4005 Franklin, and Adams for the purpose of re- lation of Nevada is one of the highest in the turning the land to its former agricultural nation; and Whereas, The area south of the Saddle use, as well as for wildlife and recreational Whereas, as of the last census, Nevada has Mountains in Grant, Franklin, and Adams areas along the Hanford Reach. approximately 95,000 families of low income counties, Washington, known as the Be it resolved, That copies of this Memorial who are in need of affordable housing; and Wahluke Slope, is one of the most productive be immediately transmitted to the Honor- Whereas, the shortage of affordable hous- argricultural areas in the Pacific Northwest; able William J. Clinton, President of the ing has forced some families of low income and United States, the Director of the Depart- with children to occupy motels that have few Whereas, the need for a large security and ment of Energy, the President of the United or no facilities for the preparation and stor- control zone around the Department of Ener- States Senate, the Speaker of the House of age of food and that serve as an inadequate gy’s Hanford control zone on Wahluke Slope Representatives, and each member of Con- substitution for providing housing for chil- caused the forced relocation of citizens of gress from the State of Washington. dren; and Hanford, White Bluff, Wahluke, and the sur- Whereas, several thousand senior citizens rounding agricultural lands that had been POM–74. A resolution adopted by the Sen- in Nevada are also unable to find affordable settled prior to 1900; and ate of the General Assembly of the State of housing that is safe and sanitary; and Whereas, Due to the decommissioning of Connecticut; to the Committee on Energy Whereas, the current shortage of affordable all the production reactors along the Han- and Natural Resources. housing in Nevada is directly related to the ford Reach opposite the Wahluke Slope, and Whereas, the Nuclear Waste Policy Act es- high cost of available land in the state; and with the overall change of the Department of tablished a federal program within the Whereas, Congress controls a considerable Energy’s Hanford mission from plutonium United States Department of Energy for amount of Federal land in Nevada that may production to environmental restoration, the managing and disposing of spent nuclear be used to provide affordable housing for per- need for a large security and control zone no fuel; and Whereas, the Department has agreed to sons of low income; and longer exists; and Whereas, during the 104th session of Con- Whereas, The Wahluke Slope’s topography begin accepting spent fuel by January 31, gress, United States Senator Richard Bryan and its proximity to the Columbia River 1998; and proposed an amendment to the Recreation make the area unique in terms of the eco- Whereas, the Department has not made and Public Purposes Act (43 U.S.C. §§ 869 et nomic feasibility or irrigation development; significant progress in meeting its obligation seq.) which, if it had been enacted, would and to take title to and remove spent fuel; and Whereas, the Department has now stated have included affordable housing as a public Whereas, Prior to its inclusion in the Han- that it will not have a permanent repository purpose for which public lands may be dis- ford control zone, the Bureau of Reclamation in operation earlier than 2010 and has no ob- posed of in any manner to governmental bod- purchased over twenty-seven thousand acres ligation to begin accepting spent nuclear ies and to nonprofit corporations; and of the Wahluke Slope with the intent of fu- fuel in 1998; and Whereas, during the 104th session of Con- ture development in the Columbia Basin Whereas, nuclear power generating facili- gress, Representative John Ensign joined Project; and ties are facing a serious depletion of spent Senator Bryan in introducing the Southern Whereas, The balanced development of this fuel storage space; and Nevada Public Land Management Act of 1996, land would achieve the long-awaited comple- Whereas, Connecticut must address the which, if it had been enacted, might have tion of irrigation on the Wahluke Slope and prospect of storing spent fuel from decom- provided additional opportunities for the ac- improved wildlife and recreational opportu- missioned nuclear power generating facili- quisition of land in the Las Vegas Valley to nities; and ties; and be used to provide additional sites for afford- Whereas, Based on current land prices, the Whereas, the Act requires customers who able housing; now, therefore, be it sale of land to private owners could poten- benefit from electricity generated by nuclear Resolved by the Assembly and Senate of the tially cover a great deal of the cost of con- power generating facilities to pay a fee of State of Nevada, Jointly, That the Nevada structing water delivery systems, due to the one-tenth of a cent per kilowatt hour of elec- Legislature supports the efforts of Senator suitability of topography and nearby water tricity, said fee to fund the Program in its Bryan and Representative Ensign in this re- supply; and entirety; and gard and urges the Nevada Congressional Whereas, Resulting property tax and in- Whereas, this fee generates approximately Delegation to continue to bring this issue be- come tax revenues from this new farm land $600 million annually, and since its incep- fore Congress; and be it further would be an immediate and significant ben- tion, Connecticut consumers have paid near- Resolved, That the Congress of the United efit; and ly $200 million into the Fund; and States is hereby urged to adopt an amend- Whereas, Farmland development would re- Whereas, moneys received by the Fund ment to the Recreation and Public Purposes sult in millions of dollars in capital invest- have been relied upon to offset shortfalls in Act which would include affordable housing ment for farm equipment of all kinds, the the federal budget. Now, therefore, be it resolved, That the Sen- as a public purpose for which public lands great majority of its manufactured in the ate calls upon the United States Congress to may be disposed of in any manner to govern- United States by American workers; and address the programmatic and budgetary mental bodies and to nonprofit corporations; Whereas, The vast majority of crops pres- shortfalls that have plagued the Nuclear and be it further ently raised on the Wahluke Slope have po- Waste Program and to address, through leg- Resolved, That if Congress does not adopt tential for export to the Pacific Rim and islation, the Department’s responsibility to such an amendment to the Recreation and other nations; and accept and remove spent fuel from reactor Public Purposes Act, that Congress is hereby Whereas, Other than small grains, the sites, the establishment of an interim spent urged to enact legislation that would allow crops grown on the Wahluke Slope are com- fuel storage site, the siting and licensing the sale of public lands to local governments pletely driven by the free-market economy process for a permanent repository and usage and to nonprofit corporations at a price that and are not subsidized or supported by the of the unobligated balance of the Fund avail- is less than the fair market value of the land federal government; and able for nuclear waste program activities; so that affordable housing projects may be Whereas, Broad support exists for the pres- and developed; and be it further. ervation of the natural beauty and topog- Be it further resolved, That the clerk of the Resolved, That the chief clerk of the assem- raphy of the Hanford Reach, including pro- Senate cause a copy of this resolution to be bly prepare and transmit a copy of this reso- tecting the White Bluffs from sloughing into sent to the presiding officer of each house of lution to the Vice President of the United the Columbia River, prohibiting dredging Congress and to each member of the Con- States as the presiding officer of the Senate, and damming, and providing for a one-quar- necticut congressional delegation. the Speaker of the House of Representatives ter mile buffer zone on both sides of the river and each member of the Nevada Congres- including even wider zones depending on the POM–75. A resolution adopted by the Hud- sional Delegation; and be it further terrain; and son County (New Jersey) Board of Chosen Resolved, That this resolution becomes ef- Whereas, The Wahluke Slope contains sig- Freeholders relative to the Intermodal Sur- fective upon passage and approval. nificant areas of land not suitable for farm- face Transportation Efficiency Act of 1991; to ing, but that are ideally suited for wildlife the Committee on Environment and Public POM–77. A joint resolution adopted by the habitat and recreational uses; and Works. Legislature of the State of New Mexico; to Whereas, The United States can no longer POM–76. A joint resolution adopted by the the Committee on Energy and Natural Re- afford to hold idle public lands of this poten- Legislature of the State of Nevada; to the sources. tial; Committee on Energy and Natural Re- Now, Therefore, Your Memorialists re- sources. SENATE JOINT MEMORIAL 26 spectfully pray that, except for needed buffer ASSEMBLY JOINT RESOLUTION NO. 2 Whereas, New Mexico has a unique History zones, the present boundaries of the Depart- Whereas, approximately 87 percent of the in the acquisition of Land Ownership due to ment of Energy’s Hanford control zone on land in Nevada is owned by the Federal Gov- the substantial number of Spanish and Mexi- the Wahluke Slope be reduced to the area ernment; and can Land Grants that were an integral part

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5184 CONGRESSIONAL RECORD — SENATE June 2, 1997 of the Colonization and growth of this Area Now, Therefore, Be it resolved by the un- pertise in constitutional law and determine of the Country; and dersigned Legislators of the State of Wyo- the legality of the proposed rule not later Whereas, various provisions of the Treaties ming That: than ten (10) days after this resolution is ap- signed under prior Sovereigns have not yet Section 1. That the legislature endorses proved. been fully implemented in the Spirit of Arti- the land exchange process authorized under Section 2. The legislature hereby formally cle VI of the Constitution of the United FLEFA. requests Wyoming Congressional Delegation States; and Section 2. That the Secretary of State of to hold a hearing on the BLM’s proposed rule Whereas, Congress did establish an Indian Wyoming transmit copies of this resolution on Criminal Law Enforcement as published Claims Commission, which successfully adju- to the President of the United States, to the in the November 7, 1996, Federal Register, dicated hundreds of disputed Land Posses- President of the Senate and the Speaker of pages 57615–57621. sions quietly; and the House of Representatives of the United Section 3. That the Secretary of State Whereas, there still exist serious questions States Congress, to the United States Sec- shall forward copies of this resolution to the about prior Ownership, particularly about retary of the Interior and to the Wyoming President of the Senate and the Speaker of certain Public Lands; and Congressional Delegation. the House of Representatives of the United Whereas, Congressman Bill Richardson in- States Congress, each member of the Wyo- troduced House Resolution 260 in January POM–A joint resolution adopted by legisla- ming Congressional Delegation, the Sec- 1997 to create a Presidential Commission to tors of the State of Wyoming; to the Com- retary of Interior, Director of Bureau of determine the validity of certain Land mittee on Energy and Natural Resources. Land Management and the State Director of Bureau of Land Management. Claims arising out of the Treaty of Guada- A JOINT RESOLUTION lupe-Hidalgo of 1848 involving Persons who FIFTY-FOURTH LEGISLATURE OF THE STATE OF were Mexican Citizens at the time of the POM–80. A resolution adopted by the Board WYOMING Treaty; of Mayor and Alderman of the City of Kings- Now, Therefore, Be It Resolved by the Leg- Whereas, on November 7, 1996, the proposed port, Tennessee relative to the Intermodal islature of the State of New Mexico that the rule on Bureau of Land Management (BLM) Surface Transportation Efficiency Act; to Congress of the United States be respectfully criminal law enforcement was published in the Committee on Environment and Public requested and urged to support this impor- the Federal Register pages 57615–57621; and Works. tant piece of legislation to adjudicate and Whereas, the BLM intends to apply this POM–81. A resolution adopted by the Board make conclusive determinations, including new rule on the public domain within the of Mayor and Alderman of the City of Kings- possible restitution of Public Lands, on unre- several western states including Wyoming; port, Tennessee relative to air quality stand- solved provisions of the various Treaties af- and ards; to the Committee on Environment and fected by the Treaty of Guadalupe-Hidalgo; Whereas, the attempted enforcement of Public Works. and this rule on any public land that lies within POM–82. A resolution adopted by the Board Be It Further Resolved that copies of this Wyoming would violate; of County Commissioners of Broward Coun- Memorial be sent to the New Mexico Con- (a) The equal protection afforded Wyoming ty, Florida relative to shore protection gressional Delegation and to the Presiding citizens under the 14th amendment of the projects; to the Committee on Environment Officers of each House of Congress. United States Constitution; and Public Works. (b) The procedure for acquiring criminal POM–83. A resolution adopted by the Board of Commissioners of the Borough of Avon- POM–78. A joint resolution adopted by leg- enforcement jurisdiction outlined in article By-The-Sea, New Jersey relative to the Mud islators of the State of Wyoming; to the I, section 8, clause 17 of the United States Dump Site; to the Committee on Environ- Committee on Energy and Natural Re- Constitution as it applies to an established ment and Public Works. sources. state; (c) The separation of powers between the POM–84. A resolution adopted by the House A JOINT RESOLUTION judicial, executive and legislative branches of the Legislature of the State of Michigan; Whereas, the prevailing land status pat- of the United States Government; to the Committee on Environment and Pub- tern in Wyoming and the west has com- (d) Federalism as established between the lic Works. plicated rather than encouraged good land several states and the federal government; HOUSE RESOLUTION NO. 17 management, land ownership being divided (e) The authority granted to the BLM Whereas, one of the most vexing environ- among private parties and government enti- under applicable enabling statutes; and mental problems is the disposal of solid ties, each with often mutually exclusive (f) A host of other statutory and constitu- waste. Enormous energy and expense are di- management philosophies and objectives, in tional protections to be further listed both rected to finding means to reduce the volume a checkerboard and scattered parcel configu- at national and state levels. of solid waste, to utilize limited landfill ration; and Whereas, the BLM is required, as are all space safely and efficiently, and to incor- Whereas, this situation has resulted in pri- federal agencies, to properly utilize federal porate other means of disposing of waste vate landowners having difficulty in achiev- acts and executive orders in preparing any without endangering air, soil, or water. In ing profitability and manageability goals proposed rules; and spite of great progress, there remain serious and public entities have likewise experienced Whereas, the BLM has not evaluated the long-term unresolved issues involving solid frustration in achieving improvements to existing regulations for possible deletion waste; and land access and habitats for wildlife; and should they historically have proven to be Whereas, since there are limited disposal Whereas, this land status pattern causes unwarranted; and options, there is considerably demand for confrontation among private landowners, Whereas, the following acts and executive landfill space and other disposal facilities. In public resource managers and users, orders, listed in section IV, procedural mat- response to this situation, solid waste is confounds good faith attempts at proper re- ters, page 57607, all require federal agencies often transported across local, state, and source management and, in the extreme, to evaluate regulations for removing rules as even international boundaries for storage or risks distress sale of lands thus threatening well as consolidating rules: disposal away from where the solid waste is the rural agricultural character of Wyoming; (a) The National Environmental Policy Act generated. Communities in Michigan are and (NEPA); dealing with this reality today; and Whereas, Congress, with passage of the (b) Regulatory Flexibility Act; Whereas, the potential problems of im- Federal Land Exchange Facilitation Act (c) Executive Order 12612 (Federalism); ported solid waste are many. Even areas (FLEFA), has presented an opportunity to (d) Executive Order 12866 (Regulatory Plan- with ample storage capacity or facilities now resolve this situation through the exchange ning and Review). will face shortages in the future, leaving a of lands of equal value between private inter- Now, Therefore, Be It Resolved by the Un- local problem of how to handle solid waste. ests and the federal government, consoli- dersigned Legislators of the State of Wyo- Eventual problems with a landfill site or dating lands in logical and manageable par- ming That: other facility will not be handled by an out- cels under one (1) ownership; and Section 1. of-state or out-of-country party. The burdens Whereas, land exchanges conducted under (a) The citizens of Wyoming shall not be will be borne by those in the area importing FLEFA can be concluded in a fraction of the subjected to this proposed or final rule which solid wastes. Given the nature of our delicate time necessary otherwise with a minimum of dramatically expands the scope of federal en- environment, especially in Michigan, the ul- administrative and bureaucratic delay; and forcement authority. timate risks are not restricted to the specific Whereas, the Bureau of Land Management (b) The state of Wyoming shall take every local unit of government; and in Wyoming has a demonstrated commit- measure possible to ensure that this pro- Whereas, since states will bear the respon- ment to FLEFA exchanges and has identified posal, which is a transparent effort to elimi- sibility and face the consequences when and candidate acreage for exchange with private nate multiple uses of public land, be thwart- if solid waste landfills or other facilities en- landowners; and ed at its inception. counter problems, it is essential that states Whereas, resolving difficult natural re- (c) No federal agent shall enforce this pro- be empowered to regulate this activity. source management conflict through ex- posed rule outside of lawful geographic Measures in Congress have proposed extend- changes under FLEFA is clearly in the best areas. ing authority to the states to deal with this interest of the people of the state of Wyo- (d) The state attorney general shall con- issue, an approach that is long overdue; now, ming. sult with one (1) or more attorneys with ex- therefore, be it

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Resolved by the House of Representatives, JOINT RESOLUTION that the Commerce Clause of the Constitu- That we memorialize the Congress of the Whereas, Montana’s economy and the qual- tion of the United States prohibits states United States to enact legislation to author- ity of life of its citizens benefit greatly from from restricting the importation of solid ize states to regulate the flow of solid waste federal transportation and highway infra- waste from other states; and from other states or another country; and be structure investments; and Whereas, Over the past several years, own- it further Whereas, the nation’s highways are a ers and operators of solid waste landfills lo- Resolved, That copies of this resolution be linked, interconnected system, with the na- cated in this Commonwealth have increased transmitted to the President of the United tion as a whole benefiting from federal high- significantly the amount of solid waste that States Senate, the Speaker of the House of way infrastructure investments in rural they accept from other states; and Representatives, and the members of the western states, such as Montana, where our Whereas, According to statistics compiled Michigan congressional delegation. Interstate and National Highway Systems by the Department of Environmental Protec- provide a bridge for the safe and efficient tion, the percentage of solid waste disposed POM–85. A resolution adopted by the Gen- movement of people and goods across this of in this Commonwealth that is imported eral Assembly of the State of New Jersey; to vast region; and from other states has increased in each of the Committee on Environment and Public Whereas, the benefits to the nation and the the past six years; and Works. Whereas, According to statistics compiled Whereas, the Intermodal Surface Transpor- states from the Federal-Aid Highway Pro- gram investments include: by the Department of Environmental Protec- tation Efficiency Act of 1991 (ISTEA), signed tion, in 1996 imported waste made up 43% of into law by the President in December 1991, (1) Improved mobility to support our econ- omy and our competitive international posi- the solid waste disposed of in landfills lo- is a six year program authorized to provide a cated in this Commonwealth; and total of $155 billion for highway and mass tion; (2) access to the nation’s agricultural pro- Whereas, New York State and New York transportation purposes; and City have announced plans to close by the Whereas, ISTEA has provided significant, duction, its manufactured goods, and its na- tional parks and monuments; year 2001 the Fresh Kills landfill located on annual federal funds to New Jersey and all Staten Island, which currently accepts 13,000 other states to help develop a strong, glob- (3) access and mobility for our national tons of waste per day from New York City ally-competitive economy and to improve and civil defense forces; and and the city’s sanitation director stated that the mobility, safety and well-being of our na- (4) social progress and quality of life for the city would consider sending its waste to tion’s residents; and our citizens; and Whereas, our state, regional and national Whereas, federal highway investments are landfills in Pennsylvania, among other transportation systems still face growing supported entirely by the fees assessed every places; and Whereas, Governor Tom Ridge has notified travel demand, inadequate capacity, ‘‘bottle- day on the users of the nation’s highways; necks,’’ and awkward connections between and the Governor of New York that the recently different forms of transportation; and Whereas, the Federal Highway Trust Fund released report on how New York State and Whereas, the need to continue and accel- could substantially increase investments in New York City will handle the closure of erate improvements to our transportation highway infrastructure without any increase Fresh Kills did not adequately address lim- systems is absolutely vital for economic in fees to the users of the highway system; iting the exportation of the waste from growth, to address safety and environmental and Fresh Kills or steps New York State will concerns, and to reduce the costs and disrup- Whereas, to continue the benefits of trans- take to plan for the construction of disposal tions that an inefficient transportation sys- portation and highway infrastructure invest- facilities; and tem imposes on our residents; and ments, the Federal Surface Transportation Whereas, The present and projected future Whereas, a federal role of providing leader- Program must be reauthorized by the United levels of solid waste that owners and opera- ship and long-term funding remains essential States Congress before the program expires tors of landfills and incinerators located in if a smooth, seamless highway and mass on October 1, 1997: Now, therefore, this Commonwealth import from other transportation system is to be achieved and Be it resolved by the Senate and the House of states pose environmental, aesthetic and then maintained; and Representatives of the State of Montana: traffic problems and is unfair to citizens of Whereas, a direct federal role is also espe- That the United States Congress is urged this Commonwealth, particularly citizens cially important to the viability of AM- to act promptly to reauthorize the Federal living in areas where landfills and inciner- TRAK, and an annual, financial commitment Surface Transportation Program and that ators are located; and acknowledging such federal role must be re- this reauthorization should include: Whereas, In 1988 the Commonwealth adopt- emphasized by the President and Congress if (1) full investment of all Federal Highway ed a law designed to reduce the need for addi- our national railroad is to reach the status, Trust Fund balances, interest, and revenue tional landfills and incinerators by requiring importance, and efficiency of national rail- in much-needed transportation and highway and encouraging recycling of certain mate- roads in other competitive, economically de- infrastructure; rials; and veloped countries; now, therefore, (2) a high level of support for the nation’s Whereas, It is within the power of Congress Be it resolved by the General Assembly of the most important highways, our Interstate to delegate authority to the states to re- State of New Jersey: System and National Highway System strict the amount of solid waste they import 1. The President and the Congress of the routes; from other states; and United States are urged to reauthorize (3) fair treatment of western, rural states Whereas, Legislation has been introduced [ISTEA] the federal Intermodal Surface in the distribution of Federal-Aid Highway in both Houses of Congress that would give Transportation Efficiency Act of 1991 Program funds between states, including rec- states authority to impose reasonable re- (ISTEA), prior to its expiration in October ognition that the western states have vast strictions on the amount of solid waste im- 1997, for a period of time and a level of fund- highway systems that benefit the entire na- ported from other states; and ing that are no less than current ISTEA au- tion and few people to support them; Whereas, Passage of such legislation by thorization levels and providing that New (4) regulatory reduction and program Congress may hinge upon the success of ne- Jersey’s share of that funding is no less than streamlining to improve the timeliness and gotiations between certain states that im- its current ISTEA share. Timely reauthor- cost-effectiveness of highway project deliv- port and export trash; and ization of ISTEA is paramount if states are ery; and Whereas, Governor Ridge and the gov- to continue, without interruption, their ef- (5) respect for the uniqueness of each ernors of four other states wrote to the Hon- forts to improve and enhance the effective- state’s approach to managing its transpor- orable George Pataki, Governor of New ness of our nation’s state, regional, and na- tation system. Solutions in small, densely York, expressing their desire to reach an ac- tional transportation systems. Additionally, populated eastern states may not make cord on authorizing states to place reason- the federal government must continue to ac- sense in the west. One size does not fit all, so able limits on the importation of solid waste; knowledge its role relative to AMTRAK and the federal government should refrain from and provide the financial assistance needed by mandating solutions. Whereas, The failure of Congress to act AMTRAK to ensure the long-term viability Be it further resolved, That the Secretary of will harm this Commonwealth by allowing of our national railroad passenger corpora- State send a copy of this resolution to the the continued unrestricted flow of solid tion. Director of the Montana Department of waste generated in other states to landfills 2. Duly authenticated copies of this resolu- Transportation, the President of the United and incinerators located in this Common- tion, signed by the Speaker of the General States, the Speaker of the United States wealth: Therefore be it Assembly and attested to by the Clerk there- House of Representatives, the President of Resolved, That the House of Representa- of, shall be transmitted to the President and the United States Senate, and each member tives memorialize the Clinton Administra- the Vice President of the United States, of the Montana Congressional Delegation. tion and Congress to support legislation au- members of Congress, and the President of thorizing states to restrict the amount of AMTRAK. POM–87. A resolution adopted by the House solid waste they import from other states; of the Legislature of the Commonwealth of and be it further POM–86. A joint resolution adopted by the Pennsylvania; to the Committee on the En- Resolved, That the House of Representa- Legislature of the State of Montana; to the vironment and Public Works. tives memorialize the Governor of New York Committee on Environment and Public Whereas, The United States Supreme to support the legislation giving states the Works. Court has issued a series of decisions holding authority to place reasonable restrictions

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5186 CONGRESSIONAL RECORD — SENATE June 2, 1997 upon the amount of solid waste imported cord on authorizing states to place reason- act promptly to reauthorize the Federal Sur- from other states; and be it further able limits on the importation of solid waste; face Transportation Program; and be it fur- Resolved, That copies of this resolution be and ther transmitted to the Honorable William Clin- Whereas, the failure of Congress to act will Resolved, That this reauthorization in- ton, President of the United States, the Hon- harm this Commonwealth by allowing the clude: full investment of all Highway Trust orable George Pataki, Governor of New continued unrestricted flow of solid waste Fund balances, interest and revenues in York, the presiding officer of each House of generated in other states to landfills and in- much needed transportation and highway in- Congress and to each member of Congress cinerators located in this Commonwealth; frastructure; a high level of support for the from Pennsylvania. Therefore be it nation’s most important highways; the Resolved, That the Senate memorialize the Interstate and National Highway System POM–88. A resolution adopted by the Sen- President of the United States and Congress routes; fair treatment of rural western states ate of the Legislature of the Commonwealth to support legislation authorizing states to in the distribution of federal highway pro- of Pennsylvania; to the Committee on Envi- restrict the amount of solid waste being im- gram funds among the states, considering ronment and Public Works. ported from other states; and be it further the national interest in rural and intercity, RESOLUTION Resolved, That the Senate memorialize the as well as urban transportation, and recog- Governor of New York to support the legisla- nizing that the rural western states have Whereas, the United States Supreme Court tion giving states the authority to place rea- vast highway systems which benefit the en- has issued a series of decisions holding that sonable restrictions upon the amount of tire nation and few people to support them; the Commerce Clause of the Constitution of solid waste imported from other states; and regulatory reduction and program stream- the United States prohibits states from re- be it further lining to improve the timeliness and cost-ef- stricting the importation of solid waste from Resolved, That the Senate memorialize the fectiveness of highway project delivery; and other states; and President of the United States and Congress Whereas, over the past several years own- respect for the uniqueness of each state’s ap- to support legislation that gives commu- ers and operators of solid waste landfills lo- proach to managing its transportation sys- nities hosting disposal facilities the right to cated in this Commonwealth have increased tem where one size does not fit all, so the decide by agreement whether to accept waste significantly the amount of solid waste that federal government should refrain from man- from other States; and be it further they accept from other states; and dating solutions and imposing sanctions on Resolved, That copies of this resolution be Whereas, according to statistics compiled the states; and be it further transmitted to the Honorable William Clin- Resolved, That the President of the Senate by the Department of Environmental Protec- ton, President of the United States; the Hon- and the Speaker of the House of Representa- tion, the percentage of solid waste deposited orable George Pataki, Governor of New tives send a copy of this resolution to the in this Commonwealth that is imported from York; the presiding officer of each house of President of the United States, the Speaker other states has increased in each of the past Congress; and to each member of Congress of the United States House of Representa- six years; and from Pennsylvania. Whereas, according to statistics compiled tives, the President of the United States by the Department of Environmental Protec- Senate, and each member of the South Da- POM–89. A concurrent resolution adopted tion of this Commonwealth, in 1996 imported kota Congressional Delegation. by the Legislature of the State of South Da- waste made up 43% of the solid waste depos- kota; to the Committee on Environment and POM–90. A concurrent resolution adopted ited in landfills located in this Common- Public Works. by the Legislature of the State of Texas; to wealth; and the Committee on Environment and Public Whereas, New York State and New York HOUSE CONCURRENT RESOLUTION 1012 Works. City have announced plans to close by the Whereas, South Dakota’s economy, the year 2001 the Fresh Kills landfill located on quality of life and the personal mobility of HOUSE CONCURRENT RESOLUTION NO. 38 Staten Island, which currently accepts 13,000 its citizens benefit greatly from federal Whereas, though Texans are faced with tons of waste per day from New York City, transportation and highway infrastructure pressing surface transportation needs that and the city’s sanitation director stated that investments; and require immediate attention and revenue to the city would consider sending its waste to Whereas, the nation’s highways are a remedy existing problems and to keep pace landfills in Pennsylvania, among other linked, inter-connected system with the na- with growing demands, the state continues places; and tion as a whole benefiting from federal high- to lose money each year under the current Whereas, Governor Tom Ridge has notified way infrastructure investments in rural federal funding formula that requires the the Governor of New York that the recently western states, such as South Dakota, where state to contribute more to the national released report on how New York State and our Interstate and National Highway Sys- Highway Trust Fund than it is apportioned New York City will handle the closure of tems provide a bridge for the safe and effi- back; and Fresh Kills did not adequately address lim- cient movement of people and goods across Whereas, the Intermodal Surface Transpor- iting the exportation of the waste from this vast region; and tation Efficiency Act of 1991 (ISTEA) was Fresh Kills or steps New York State will Whereas, the benefits from federal highway created to sustain and enhance a strong na- take to plan for the construction of disposal investments to the nation and the states in- tional surface transportation network facilities; and clude: improved mobility to support out through the National Highway System and Whereas, the present and projected future economy and competitive international posi- to expand other programs to ensure that levels of solid waste that owners and opera- tion; access to the nation’s natural resource states’ transportation plans are intermodal, tors of landfills and incinerators located in and agricultural production, its manufac- environmentally sound, and energy efficient; this Commonwealth import from other tured goods, and our national parks and and states pose environmental, aesthetic and monuments; access and mobility for our na- Whereas, since its passage, however, fund- traffic problems and is unfair to citizens of tional and civil defense forces; social ing provisions contained in the ISTEA have this Commonwealth particularly citizens liv- progress and quality of life for our citizens; traditionally benefited some states at the ing in areas where landfills and incinerators and expense of others, inflicting a heavy penalty are located; and Whereas, South Dakota has an aging Inter- that, in Texas alone, has cost this state mil- Whereas, in 1988 the Commonwealth adopt- state System which needs significant fund- lions of dollars that could have been used to ed a law designed to reduce the need for addi- ing for pavement maintenance and replace- repair and augment the Texas highway sys- tional landfills and incinerators by requiring ment; and tem; and and encouraging recycling of certain mate- Whereas, federal highway investments are Whereas, the expiration of ISTEA on Sep- rials; and supported entirely by the fees assessed every tember 30, 1997, and the disparity in the cur- Whereas, it is within the power of Congress day on the users of the nation’s highways; rent apportionment of highway funds have to delegate authority to the states to re- and prompted a coalition of more than 20 states, strict the amount of solid waste they import Whereas, the Federal Highway Trust Fund including Texas, to join together to develop from other states; and could support substantially increased invest- the Streamlined Transportation Efficiency Whereas, legislation has been introduced in ments in highway infrastructure without Program for the 21st Century (STEP 21); both houses of Congress that would give any increase in fees to the users of the high- while acknowledging the need for a broadly states authority to impose reasonable re- way system; and focused national surface transportation pol- strictions on the amount of solid waste im- Whereas, to continue the benefits of trans- icy, the program recognizes that the surface ported from other states; and portation and highway infrastructure invest- transportation needs of each and region dif- Whereas, passage of such legislation by ments, the Federal Surface Transportation fer greatly and promotes a simplified federal Congress may hinge upon the success of ne- Program must be reauthorized by the United surface transportation program that would gotiations between certain states that im- States Congress before the program expires significantly benefit mobility and the na- port and export trash; and on September 30, 1997: Now, therefore, be it tional economy while giving each state more Whereas, Governor Ridge and the gov- Resolved, by the House of Representatives of flexibility to respond to diverse local needs; ernors of four other states wrote to the Hon- the Seventy-second Legislature of the State of and orable George Pataki, Governor of New South Dakota, the Senate concurring therein, Whereas, currently before Congress in the York, expressing their desire to reach an ac- That the United States Congress is urged to form of the ISTEA Integrity Restoration

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5187 Act, the STEP 21 program seeks to revise the Whereas, children and the elderly are par- criteria for mercury under the Clean Water apportionment adjustment formula to ensure ticularly susceptible to the adverse health Act, placing priority on mercury-contami- that all states receive at least a 95 percent effects resulting from exposure to ozone and nated superfund sites, but is proposing to ex- return on tax payments made to the High- fine particulates, and empt mercury-containing lamps from haz- way Trust Fund while continuing to provide Whereas, comprehensive economic analysis ardous waste regulations, and an adequate level of funding for states with will be done in the implementation of the Whereas, the U.S. government owns in ex- special circumstances; it would further pro- regulatory process, now therefore be it cess of 11 million pounds of mercury in De- vide states with more autonomy to respond Resolved by the Senate and House of Rep- partment of Defense (DOD) and Department to their specific state and local transpor- resentatives: That it is the sense of the Gen- of Energy (DOE) stockpiles, and tation needs, would consolidate and stream- eral Assembly that the EPA should fulfill its Whereas, the entire U.S. mercury stockpile line various federal highway programs, and duty under the Clean Air Act to review and has been declared excess to U.S. needs and would distribute new program funds using revise national ambient air quality stand- has been slated for sale on the world market simplified, objective criteria; and ards to levels that are necessary to protect through the Defense National Stockpile of Whereas, the STEP 21 proposal would bring public helath, and be it further the DOD, and more Texas motor fuels tax dollars back to Resolved: That the General Assembly urges Whereas, the State of Vermont is com- the state, giving state officials greater con- the EPA to revise the standards in accord- mitted to mercury recycling and the elimi- trol over where available surface transpor- ance with recent scientific evidence con- nation of nonessential uses of mercury as its tation funds should be spent and providing necting exposure to ozone and fine particu- top priority for waste management, and them with the flexibility to use funds from late to significant adverse health effects, Whereas, state and federal governments various sources to meet Texas’ transpor- particularly to children and the elderly, and have taken many actions to reduce mercury tation needs: Now, therefore, be it be it further in the environment, now therefore be it Resolved, That the 75th Legislature of the Resolved: That the General Assembly urges Resolved by the Senate and House of Rep- State of Texas hereby respectfully urge the the EPA to expeditiously finalize the stand- resentatives: That it is the sense of the Gen- Congress of the United States to support the ards for ozone and fine particulates as pro- eral Assembly that EPA should officially re- passage of the Steamlined Transportation posed by the EPA on November 29, 1996, and lease the Mercury Report to Congress forth- Efficiency Program for the 21st Century be it further with, and be it further (STEP 21); and, be it further Resolved: That the Secretary of State is di- Resolved: That the General Assembly urges Resolved, That the 75th Legislature of the rected to forward a copy of this resolution to the EPA to conduct landfill air emission State of Texas hereby encourage the mem- the President, Vice President, Vermont’s tests for mercury in the northeast and na- bers of the Texas delegation of the Congress Congressional delegation, and the Adminis- tionally, and be it further Resolved: That the General Assembly urges of the United States to cosponsor the ISTEA trator of the EPA in Washington, DC. the EPA not to exempt mercury-containing Integrity Restoration Act; and, be it further Resolved, That the Texas secretary of state POM–92. A joint resolution adopted by the lamps from hazardous waste regulations, but forward official copies of this resolution to Legislature of the State of Vermont; to the instead to adopt universal waste rules that the president of the United States, to the Committee on Environment and Public foster mercury recycling, and be it further Resolved: That the General Assembly op- speaker of the house of representatives and Works. poses future U.S. mercury stockpile sales, the president of the senate of the United JOINT SENATE RESOLUTION 12 and calls for a permanent halt to sales; and States Congress, and to all the members of Whereas, there has been a two-to-threefold be it further the Texas congressional delegation with the global increase in mercury in the environ- Resolved: That the General Assembly urges request that this resolution be officially en- ment since the 1850’s, increases of three EPA to develop permit provisions for all tered in the Congressional Record as a me- times have been found in wilderness areas of waste incinerators requiring the source sepa- morial to the Congress of the United States the United States, and much higher in- ration of mercury-containing products and of America. creases have been found in developed areas of devices, and to not exempt smaller medical the United States, and waste incinerators from more stringent fed- POM–91. A joint resolution adopted by the Whereas, mercury is truly a state, national eral pollution control rules; and be it further Legislature of the State of Vermont; to the and international concern because mercury Resolved: That the General Assembly urges Committee on Environment and Public is atmospherically transported indiscrimi- EPA to recommend to Congress rescission of Works. nately across political boundaries, and the exemption of fossil fuel burning power JOINT SENATE RESOLUTION 18 Whereas, atmospheric deposition resulting plants from federal pollution control rules; Whereas, the federal Clean Air Act requires from human activities, including area and be it further the EPA to promulgate and revise national sources, waste disposal and fossil fuel burn- Resolved: That the Secretary of State be di- ambient air quality standards that provide ing, contributes to mercury loading in the rected to send copies of this resolution to the for the level of air quality necessary to pro- environment, and President, Vice President, Vermont’s Con- tect public health, and Whereas, mercury is a persistent bio- gressional delegation, and the Administrator Whereas, the EPA is required to undertake accumulative toxic substance that presents of the EPA. detailed independent scientific review of all particular problems in aquatic systems, and of the available health and welfare informa- Whereas, human consumption advisories POM–93. A joint resolution adopted by the tion in setting and revising the national am- have been issued in at least 1,500 water bod- General Assembly of the Commonwealth of bient air quality standards, and ies in 36 states, including Vermont, because Virginia; to the Committee on Environment Whereas, recent studies have linked expo- of high levels of mercury contamination in and Public Works. sure to ozone in the ambient air to increased fish, resulting in losses to tourism and fish- HOUSE JOINT RESOLUTION NO. 495 hospital admissions for respiratory illness, ing industries and related activities, and Whereas, the Intermodal Surface Transpor- increased susceptibility to respiratory infec- Whereas, according to Environmental Pro- tation Efficiency Act (ISTEA) of 1991 expires tion and lung inflammation, and tection Agency (EPA) estimates, each year September 30, 1997; and Whereas, long-term exposure to ozone can in the United States between 80,000 and 85,000 Whereas, according to the Federal High- cause irreversible changes in the lungs lead- pregnant women are exposed to mercury lev- way Administration’s publication Federal ing to chronic respiratory illnesses such as els high enough to produce risk to their chil- Highway Statistics, Virginia consistently re- emphysema, chronic bronchitis, and/or pre- dren, and ceives a lower percentage of federal highway mature aging of the lungs, and Whereas, the EPA’s Mercury Report to funding than its percentage share of pay- Whereas, the current primary standard for Congress, required by the Clean Air Act to be ments into the Highway Trust Fund; and ozone is not adequate to protect the public completed by 1994, represents the best infor- Whereas, the proposed reauthorization of from adverse health effects, and mation in the world on the use, generation federal aid for surface transportation pro- Whereas, recent studies suggest that sig- and disposal of mercury, and grams provides an ideal opportunity to en- nificant health effects including premature Whereas, the EPA effectively completed sure that future methods of apportioning mortality, increased hospital emissions and the draft report in 1995, but has delayed sub- federal transportation funds are equitable other respiratory illnesses result from expo- mittal of the mercury report to Congress and fair; and sure to fine particulates at concentrations until 1999, and Whereas, adequate support for the Na- below the current standards, and Whereas, there are known substitutes for tional Highway System (NHS) is necessary Whereas, concentrations of fine particu- most mercury-containing products and de- to provide consistent mobility and economic lates are also responsible for significant visi- vices, except for high-efficiency lighting, and benefits for all states and the nation, and to bility impairment in areas of importance to Whereas, over one-half billion mercury- ensure that Virginia’s citizens are able to Vermont’s tourism industry, and containing lamps are annually connect with citizens throughout the nation; Whereas, the current primary standard for generated*** and particulate matter is not adequate to protect Whereas, the EPA is simultaneously Whereas, a streamlined transportation pro- the public from the adverse health effects at- establishing achievable control technologies gram is needed to provide flexible funding to tributable to exposure to fine particulates, for mercury sources pursuant to the Clean allow states and their local partners to re- and Air Act, proposing tightening water quality spond to specific state and local needs; and

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5188 CONGRESSIONAL RECORD — SENATE June 2, 1997 Whereas, it is in the national interest to Whereas, the Commonwealth of Virginia, Whereas, the Integrity Restoration Act, ensure an adequate level of resources for the District of Columbia, and the State of which embodies the principles advanced by highways in states with small populations Maryland have enacted legislation creating the Surface Transportation Efficiency Pro- and large land areas, as well as states with the Woodrow Wilson Bridge and Tunnel Au- gram (STEP 21) Coalition, has been intro- small populations and small land areas; to thority; now, therefore, be it duced in both the United States Senate and provide road systems necessary to facilitate Resolved by the House of Delegates, the the United States House of Representatives; the mobility of citizens across the country Senate concurring, That the President and now, therefore, be it and economic development; and to meet the the Congress of the United States be urged Resolved by the Senate, the House of Dele- transportation needs of transit-dependent to provide full federal funding to replace the gates concurring, That Congress be urged to citizens; and Woodrow Wilson Bridge, its interchanges and reauthorize the federal surface transpor- Whereas, multi-modal transportation sys- its approaches; and, be it tation program by replacing outdated for- tems are needed to link the nation’s highway Resolved further, That federal government mulas with factors reflecting use, such as systems to the public transit systems; and funding and design comply with current de- those identified in STEP providing better eq- Whereas, a strong transit program contrib- sign and engineering standards currently im- uity in the distribution of highway funds to utes to national benchmarks for improved posed on states for constructing bridges, and states; and authorizing funding for multi- air quality by reducing pollution as defined that such design enhance the capacity of the modal transit services and highways; and, be by the Clean Air Act Amendments of 1990; bridge and match the approaches with the it and new bridge configuration; and, be it Resolved Further, That the Clerk of the Whereas, the Integrity Restoration Act, Resolved finally, That the Clerk of the Senate transmit copies of this resolution to which embodies the principles advanced by House of Delegates transmit a copy of this the President of the United States Senate, the Surface Transportation Efficiency Pro- resolution to the President of the United the Speaker of the House of Representatives, gram (STEP 21) Coalition, has been intro- States, the Speaker of the House of Rep- and the members of the Congressional Dele- duced in both the United States House of resentatives, the President of the United gation of Virginia in order that they may be Representatives and the United States Sen- States Senate, and the Congressional Delega- apprised of the sense of the General Assem- ate; now, therefore, be it Resolved by the House of Delegates, the tion of Virginia to apprise them of the sense bly of Virginia on this matter. Senate concurring, That Congress be urged of the General Assembly of Virginia in this POM–96. A resolution adopted by the House to reauthorize the federal surface transpor- manner. of the Legislature of the State of Alabama; tation program by replacing outdated for- POM–95. A joint resolution adopted by the to the Committee on Finance. mulas with factors reflecting use, such as General Assembly of the Commonwealth of H.R. 415 Virginia; to the Committee on Environment those identified in STEP 21; providing better By Representatives Jeff Dolbare, James and Public Works. equity in the distribution of highway funds Clark and Richard Laird. to states; and authorizing funding for multi- SENATE JOINT RESOLUTION NO. 225 Petitioning the United States Congress to modal transit services and highways; and, be Memorializing Congress to reauthorize the repeal estate and gift tax laws. it federal surface transportation program by re- Whereas, working men and women of Ala- Resolved further, That the Clerk of the placing outdated formulas with factors reflect- bama spend decades in jobs to provide a bet- House of Delegates transmit copies of this ing use, such as those identified in STEP 21; ter life for themselves and their offspring; resolution to the Speaker of the House of providing better equity in the distribution of and Representatives, the President of the United highway funds to states; and authorizing fund- Whereas, Social Security and other current States Senate, and the members of the Con- ing for multi-modal transit services and high- entitlements created by Congress may be in gressional Delegation of Virginia in order ways. jeopardy in the future; and that they may be apprised of the sense of the Agreed to by the Senate, February 20, 1997 Whereas, the savings rate in the United General Assembly in this matter. and Agreed to by the House of Delegates, States is lower than in most industrialized February 20, 1997. nations; and POM–94. A joint resolution adopted by the Whereas, the Intermodel Surface Transpor- Whereas, the incentive to save is thwarted General Assembly of the Commonwealth of tation Efficiency Act (ISTEA) of 1991 expires by the national government’s tax code which Virginia; to the Committee on Environment on September 30, 1997; and takes up to 55 percent of the assets of a tax- and Public Works. Whereas, according to the Federal High- payer upon death; and HOUSE JOINT RESOLUTION NO. 571 way Administration’s publication, Federal Whereas, estates of a deceased family Memorializing the President and the Congress Highway Statistics, Virginia consistently re- member, which contain, in whole or in part, of the United States to provide full federal fund- ceives a lower percentage of federal highway closely held family businesses that owe a lu- ing to replace the Woodrow Wilson Bridge, its funding than its percentage share of pay- dicrous amount of taxes to the federal gov- interchanges and approaches. ments into the Highway Trust Fund; and ernment ranging from 37.5 to 55 percent of Agreed to by the House of Delegates, Feb- Whereas, the proposed reauthorization of their fair market value, are often forced to ruary 20, 1997 and Agreed to by the Senate, federal aid for surface transportation pro- sell or liquidate those family businesses; and February 19, 1997. grams provides an ideal opportunity to en- Whereas, family businesses represent the Whereas, the Woodrow Wilson Bridge is the sure that future methods of apportioning heart of the American dream and should be major crossing of the Potomac River for the federal transportation funds are equitable encouraged to continue instead of being southern half of the Washington, D.C., met- and fair; and forced into liquidation or heavy debt; and ropolitan region; and Whereas, adequate support for the Na- Whereas, family farms are often forced, Whereas, the bridge carries 170,000 vehicles tional Highway System (NHS) is necessary without leniency, to be sold in order to pay per day, yet was designed to carry only 75,000 to provide consistent mobility and economic estate taxes; now therefore vehicles per day; and benefits for all states and the nation, and to Be It Resolved by the House of Representa- Whereas, traffic is estimated to increase to ensure that Virginia’s citizens are able to tives of the Legislature of Alabama, That 300,000 vehicles per day by the year 2020; and connect with citizens throughout the nation; Whereas, the bridge is the only segment of the Congress of the United States is strongly and the region’s eight-lane capital beltway lim- urged to repeal, in their entirety, federal es- Whereas, a streamlined transportation pro- ited to six lanes; and tate and gift tax statutes. Whereas, the bridge is the only segment of gram is needed to provide flexible funding to Be It Further Resolved, That a copy of this the interstate system owned by the federal allow states and their local partners to re- resolution be forwarded to the following per- government, and spond to specific state and local needs; and sons: Whereas, delays by the owner in replacing Whereas, it is in the national interest to POM–97. A resolution adopted by the Sen- the bridge facility have increased traffic con- ensure an adequate level of resources for ate of the Legislature of the Commonwealth gestion and the risk of vehicle accidents; and highways in states with small populations of Massachusetts; to the Committee on Fi- Whereas, the bridge was not funded under and large land areas, as well as states with nance. the Interstate Construction Program be- small populations and small land areas; to Whereas, in August of nineteen hundred cause of federal ownership or included in the provide the road systems necessary to facili- and ninety-six, the United States Congress Final Interstate Cost Estimates where fund- tate the mobility of citizens across the coun- enacted the Personal Responsibility and ing was provided in addition to the normal try and economic development; and to meet Work Opportunity Reconciliation Act of federal-aid apportionment and where the fed- the transportation needs of transit-depend- 1996, so-called; and eral share was 90% of the cost of the project; ent citizens; and Whereas, Congress in said act forbade use and Whereas, multi-modal transportation sys- of federal funds to provide benefits for finan- Whereas, the National Highway System tems are needed to link the nation’s highway cially needy immigrants lawfully residing in Designation Act recently reaffirmed the re- systems to the public transit systems; and the United States; and sponsibility of the federal government to Whereas, a strong transit program contrib- Whereas, legal immigrants pay taxes and fund the reconstruction of the bridge; and utes to national benchmarks for improved contribute in many ways to the productivity Whereas, the National Highway System air quality by reducing pollution as defined and vitality of our communities; and Designation Act provides for the establish- by the Clean Air Act Amendments of 1990; Whereas, the United States was founded ment of an interstate authority; and and and built by immigrants; and

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5189 Whereas, because Congress has abdicated care and eventually exhausts his or her pri- Whereas, the Low Income Housing Tax its financial responsibility, the financial vate insurance benefits, the policyholder is Credit Program is the only major federal burden of the action by Congress falls un- permitted to keep more of his or her assets program for the construction and rehabilita- fairly on the states and needy residents of while still qualifying for Medicaid coverage; tion of low and moderate income housing the states; Now Therefore Be It and and should be continued in order to ensure Resolved, That the Massachusetts senate Whereas, the 1993 Session of the General the availability of an important source of respectfully requests that the President and Assembly requested a study of the advan- funds for such housing; now, therefore, be it the Congress of the United States restore to tages of public/private partnerships to en- Resolved by the House of Delegates, the Sen- the states the authority to provide federally courage the purchase of long-term care in- ate concurring, That the Congress of the funded benefits to needy, lawful residents of surance in an attempt to formulate an inno- United States be requested to continue the the United States; And Be It Further vative program to slow the growth of Med- Low Income Housing Tax Credit Program; Resolved, That the Massachusetts senate icaid funding for long-term care; and and, be it respectfully requests that the United States Whereas, the Omnibus Budget Reconcili- Resolved further, That the Clerk of the Congress and the President restore to the ation Act of 1993 includes a provision, § 13612 House of Delegates transmit a copy of this commonwealth adequate federal funding to (a) (C), that discourages additional states resolution to the Speaker of the United allow for the provision of benefits for finan- from implementing such partnerships by re- States House of Representatives, the Presi- cially needy immigrants lawfully residing in quiring states to make recovery from the es- dent of the United States Senate, and the this commonwealth; and Be It Further tates of persons who had enjoyed enhanced Congressional Delegation of Virginia to ap- Resolved, That a copy of these resolutions Medicaid asset protection, making the asset prise them of the sense of the General As- be transmitted forthwith by the clerk of the protection provided by such partnerships sembly of Virginia in this matter. senate to the President of the United States only temporary; and of America, the presiding officer of each Whereas, the removed of § 13612 (a) (C) POM–101. A joint resolution adopted by the branch of the United States Congress, and would allow additional states to establish General Assembly of the Commonwealth of each member of the Massachusetts congres- asset protection programs for individuals Virginia; to the Committee on Finance. sional delegation. who purchase qualified long-term care insur- SENATE JOINT RESOLUTION NO. 343 POM–98. A resolution adopted by the Sen- ance policies without requiring states to re- Whereas, community-based services to the ate of the Legislature of the Commonwealth cover such assets upon a beneficiary’s death; frail and chronically ill, especially to that of Massachusetts; to the Committee on Fi- and category of elderly, are often uncoordinated, nance. Whereas, the removed of § 13612 (a) (C) fragmented, inappropriate, or insufficient to Whereas, for over one hundred years, Dal- would make such partnerships much more meet the needs of the frail and chronically ton, Massachusetts has been the home of attractive to potential participants, espe- ill who are at risk of institutionalization, Crane and Company the producer of high cially if they are motivated by a desire to often resulting in unnecessary placement in quality currency paper; and pass some of their assets on to their chil- nursing homes; and Whereas, the product manufactured at dren; and Whereas, steadily increasing health care Crane and Company has been of outstanding Whereas, having long-term care insurance costs for the frail, chronically ill, and espe- grade, produced by an experienced work reduces the possibility that persons will cially the frail elderly provide incentives to force, under the direction of a superior man- spend down to Medicaid eligibility levels; develop programs providing quality services agement and within the guidelines of the and at reasonable costs; and free enterprise system; and Whereas, long-term care insurance, by re- Whereas, capitated, risk-based financing Whereas, Crane and Company has abided ducing the Medicaid expenditures for policy- provides an alternative to the traditional by all the appropriate business practices es- holders, helps states control Medicaid costs; fee-for-service payment system by providing tablished by the United States Bureau of En- now, therefore be it a fixed, per capita monthly payment for a graving and Printing; and Resolved by the Senate, the House of Dele- Whereas, U.S. Treasury officials have now package of health care and social services gates concurring. That Congress be urged to proposed a procedure that encourages foreign and requires the provider to assume financial repeal § 13612 (a) (C) of the Omnibus Budget companies to unfairly compete against responsibility for cost overruns; and Reconciliation Act of 1993; and, be it Whereas, On Lok Senior Health Services of Crane and Company by offering a subsidy of Resolved further, That the Clerk of the Sen- San Francisco, California, began as a federal United States tax dollars which, if imple- ate transmit a copy of this resolution to the and state demonstration program in 1973 to mented, could potentially harm the eco- President of the United States Senate, the test whether comprehensive community- nomic structure of western Massachusetts; Speaker of the House of Representatives, and based services could be provided to the frail and the Congressional Delegation of Virginia in Whereas, Crane and Company, a family elderly at no greater cost than nursing home order that they may be apprised of the sense owned business, has been built by the tradi- care; and of the General Assembly in this matter. tional method of hard work and diligence, Whereas, since 1983, On Lok Senior Health with private capital and investment, and Services of San Francisco, California, has POM–100. A joint resolution adopted by the has, since its inception, given generously to successfully provided a comprehensive pack- General Assembly of the Commonwealth of the community; now therefore be it age of services and operated within a cost-ef- Virginia; to the Committee on Finance. Resolved, That the Massachusetts Senate fective, capitated risk-based financing sys- hereby calls upon the Secretary of the HOUSE JOINT RESOLUTION NO. 618 tem; and United States Treasury to suspend any pro- Whereas, in 1986, the United States Con- Whereas, recognizing On Lok’s success, grams or actions that promote or provide for gress created the Low Income Housing Tax Congress passed legislation in 1986, 1987, and the subsidizing of foreign industries for the Credit Program to assist in the construction 1990 encouraging the expansion of capitated purpose of manufacturing United States cur- and rehabilitation of housing for low and long-term care programs by permitting fed- rency paper; and be it further moderate income persons and families at eral Medicare and Medicaid waivers to be Resolved, That a copy of these resolutions rents which would be affordable to them; and granted indefinitely to On Lok and author- be transmitted forthwith by the clerk of the Whereas, since the creation of the Low In- izing the Health Care Financing Administra- senate to the President of the United States, come Housing Tax Credit Program, approxi- tion to grant waivers in up to 15 new sites the presiding officers of each branch of Con- mately $75 million worth of tax credits have throughout the nation in order to replicate gress and the Members thereof from this been allocated in Virginia for more than the On Lok model and entitled this program Commonwealth, the Secretary of the United 22,000 rental housing units; and as Program for All Inclusive Care for the El- States Treasury and the Governor of the Whereas, the tax credits so allocated have derly (PACE); and Commonwealth of Massachusetts. generated over $350 million in private invest- Whereas, in Virginia, the intent to develop ment funds which have been leveraged with programs similar to On Lok has been estab- POM–99. A joint resolution adopted by the more than $1 billion in funding from other lished by Chapter 628 (1996), which created General Assembly of the Commonwealth of public and private sources; and insurance regulatory exemptions for certain Virginia; to the Committee on Finance. Whereas, the Low Income Housing Tax health plans, and by the Budget Bill of 1995 SENATE JOINT RESOLUTION NO. 365 Credit Program has created a successful I–92, 396–A–B; and Whereas, the states of Connecticut, New partnership of the public and private sectors, Whereas, pre-PACE sites can only transi- York, Indiana, and California have estab- bringing together multiple parties and tion to PACE if the program receives federal lished public/private long-term care partner- sources of funding and, in particular, has en- approval and no federal waivers are cur- ships; and couraged the involvement of nonprofit orga- rently available; and Whereas, these partnerships encourage the nizations in the ownership and operation of Whereas, Virginia’s Medicaid program is purchase of approved long-term care insur- low and moderate income housing; and currently in a contract with Sentara to offer ance policies by offering purchasers en- Whereas, the administration of the Low In- services to Medicaid clients; now, therefore hanced asset protection under the Medicaid come Housing Tax Credit Program has been be it program; and implemented by the states without any in- Resolved by the Senate, the House of Dele- Whereas, under such a partnership pro- crease in the federal bureaucracy and mini- gates concurring, That Congress be urged to gram, if a policyholder requires long-term mal operating cost to the public; and proceed immediately with an extension of

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5190 CONGRESSIONAL RECORD — SENATE June 2, 1997 waivers to the PACE program or to pass S. POM–104. A resolution adopted by the Vil- Whereas, the Republic of China on Taiwan 999, extending provider status to the PACE lage of Poland, Ohio relative to the North has launched a campaign to pursue a seat in program; and, be it Atlantic Treaty Organization; to the Com- the United Nations without prejudice to the Resolved further, That the Clerk of the Sen- mittee on Foreign Relations. current position of the People’s Republic of ate transmit copies of this resolution to the POM–105. A resolution adopted by the Sen- China in the United Nations; and President of the United States Senate, the ate of the Legislature of the State of Geor- Whereas, membership of the Republic of Speaker of the House of Representatives, and gia; to the Committee on Foreign Relations. China on Taiwan in the United Nations con- the Congressional Delegation of Virginia in RESOLUTION NO. 205 forms to the United Nations’ principle of order that they may be apprised of the sense Whereas, the Republic of Poland is a free, universality and would contribute to the of the General Assembly in this matter. democratic, and independent nation with a peace and stability of the Pacific region and, long and proud history; and therefore, to the interests of the United POM–102. A resolution adopted by the Sen- Whereas, the North Atlantic Treaty Orga- States; Now, therefore, be it ate of the Legislature of the State of Geor- nization (NATO) is dedicated to the preserva- Resolved by the Senate and House of Rep- gia; to the Committee on Finance. tion of the freedom and security of its mem- resentatives of the State of Montana: That the RESOLUTION NO. 387 ber nations; and Republic of China on Taiwan deserves to be Whereas, the Republic of Poland desires to allowed full membership in the United Na- Whereas, Georgia has a rich natural re- tions. Be it further source heritage and has been blessed with share in both the benefits and obligations of NATO in pursuing the development, growth, Resolved, That the Secretary of State send bountiful forests; and copies of this resolution to the President of Whereas, these forests cover two-thirds of and promotion of democratic institutions and ensuring free market economic develop- the United States, the President of the Sen- Georgia and provide many benefits and serv- ate and the Speaker of the House of Rep- ices; and ment; and Whereas, the Republic of Poland recognizes resentatives of the United States Congress, Whereas, Georgians have relied on their its responsibilities as a democratic nation the Governor of Montana, and the Montana forest resources for hundreds of years to pro- and wishes to exercise such responsibilities Congressional Delegation. vide shelter, sustenance, forest products, em- in concert with members of NATO; and ployment, and other economic benefits; and Whereas, the Republic of Poland desires to POM–107. A joint resolution adopted by the Whereas, Georgia’s forests also signifi- become part of NATO’s efforts to prevent the Legislature of the State of Arizona; to the cantly contribute to our quality of life by extremes of nationalism; and Committee on Governmental Affairs. providing clean water, clean air, rich soil, Whereas, the security of the United States SENATE JOINT RESOLUTION 1001 wildlife, aesthetic, and recreational benefits, is dependent upon the stability of Central all of which are irreplaceable; and Whereas, the 10th Amendment to the Con- Europe: Now, therefore, be it stitution of the United States read as fol- Whereas, forestry is the largest single eco- Resolved by the Senate That the members of nomic contributor to Georgia’s thriving lows: this body urge the President and Congress of ‘‘The powers not delegated to the United economy with $17.3 billion in total value the United States to support the Republic of added to the economy in 1996, and the forest States by the Constitution, nor prohibited Poland’s petition for admission to the North by it to the States, are reserved to the products industry, through its own initia- Atlantic Treaty Organization and to support tive, is working to sustain and enhance this States respectively, or to the people’’; and the establishment during 1997 of a timetable Whereas, the 10th Amendment defines the contribution through the Sustainable For- for such admission; be it further total scope of federal power as being that estry Initiative; and Resolved That the Secretary of the Senate specifically granted by the United States Whereas, hundreds of Georgia businesses is authorized and directed to transmit appro- Constitution and no more; and including sawmills, other wood processing priate copies of this resolution to the Presi- Whereas, the scope of power defined by the plants, independent logging contractors, and dent of the United States, the presiding offi- 10th Amendment means that the federal gov- hundreds of thousands of private Georgia for- cer of each branch of the United States Con- ernment was created by the states specifi- est landowners have been adversely affected gress, the members thereof from the State of cally to be the agent of the states; and by imports of subsidized Canadian lumber; Georgia, and Ambassador Jerzy Kozminski of Whereas, in the year 1996, the states are de- and the Republic of Poland. monstrably treated as agents of the federal Whereas, over 170,000 Georgians are em- government; and ployed in forestry operations; and POM–106. A joint resolution adopted by the Whereas, resolutions have been forwarded Whereas, almost 70 percent of Georgia’s Legislature of the State of Montana; to the to the federal government by the Arizona timberland base is owned by over 600,000 pri- Committee on Foreign Relations. Legislature without any reply or result from vate property owners; and JOINT RESOLUTION Congress or the federal government; and Whereas, in recent years, Georgia’s timber Whereas, China has been a divided nation Whereas, many federal mandates are di- resources have been able to exert their right- since 1949, and the Republic of China on Tai- rectly in violation of the 10th Amendment to ful place in the national and international wan and the People’s Republic of China on the Constitution of the United States; and marketplace with the shutdown of logging the Chinese mainland have exercised exclu- Whereas, the United States Supreme Court on federal lands in the Pacific Northwest; sive jurisdiction over separate parts of has ruled in New York v. United States, 112 and China; and S. Ct. 2408 (1992), that Congress may not sim- Whereas, this increase in product value has Whereas, the Republic of China on Taiwan ply commandeer the legislative and regu- proven of immense benefit to Georgia’s econ- acknowledges that two equal and distinct po- latory processes of the states; and omy; and litical entities exist within the divided Whereas, a number of proposals from pre- Whereas, recent proposals to allow a re- China; and vious administrations and some now pending newal of the flood of subsidized, price de- Whereas, the Republic of China on Taiwan from the present administration and from pressing imports from outside the United is currently the 14th largest trading nation Congress may further violate the United States is a direct threat to the well-being of in the world; its gross national product is the States Constitution. Therefore be it thousands of Georgians: Now, therefore, be it 20th largest in the world; its annual per cap- Resolved by the Legislature of the State of Ar- Resolved by the Senate That the members of ita income exceeds $16,000; its foreign ex- izona: That the State of Arizona hereby this body urge the United States Congress change reserves exceed $100 billion; and it claims sovereignty under the 10th Amend- and the United States International Trade has become the seventh largest outbound in- ment to the Constitution of the United Representative not to rescind the inter- vestor in the world; and States over all powers not otherwise enumer- national trade agreement limiting the Whereas, the 21 million people on Taiwan ated and granted to the federal government amount of subsidized Canadian lumber im- enjoy a democratic form of government that by the United States Constitution and that ported into the United States duty-free, be it includes free and open elections at the local this measure serves as notice and demand to further and national levels, and the policies of the the federal government to cease and desist, Resolved That the Secretary of the Senate Republic of China on Taiwan conform to effective immediately, mandates that exceed is authorized and directed to transmit appro- those of other democratic nations; and the scope of its constitutionally delegated priate copies of this resolution to the United Whereas, the Republic of China on Taiwan powers; That the Secretary of State trans- States Congress, the United States Inter- has joined other nations in responding to mit copies of the Resolution to the President national Trade Representative, the Georgia international disasters and crises, has under- and Vice-president of the United States, the Forestry Association, the Georgia Chapter of taken programs of assistance for less devel- Speaker of the House of Representatives of the Sierra Club, the Southeastern Wood Pro- oped nations, and has in other ways accepted the United States, the President of the Sen- ducers Association, the Georgia Agribusiness regional and global responsibilities; and ate of the United States, each Member of the Council, the Campaign for a Prosperous Whereas, the Republic of China on Taiwan Arizona Congressional Delegation and the Georgia, and the capitol press corps. has joined several important multilateral or- Speaker of the House of Representatives and ganizations in recent years, including the the President of the Senate of each state leg- POM–103. A resolution adopted by Hudson Asia Pacific Economic Council and the Asian islature in the United States. County (New Jersey) Board of Chosen Development Bank, and its admission into Freeholders relative to World Expo ’98; to these organizations has been supported by POM–108. A resolution adopted by the Sen- the Committee on Foreign Relations. the United States; and ate of the Legislature of the Commonwealth

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5191 of Massachusetts; to the Committee on Gov- of the sense of the General Assembly of Vir- REPORT OF COMMITTEE SUB- ernmental Affairs. ginia in this matter. MITTED DURING ADJOURNMENT Whereas, targeted business incentive pro- POM–110. A joint resolution adopted by the grams have proliferated into a counter- General Assembly of the Commonwealth of Under the authority of the order of productive economic War Between the Virginia; to the Committee on Governmental the Senate of May 23, 1997, the fol- States and now form the cornerstone of Affairs. lowing reports of committees were sub- State-sponsored ‘‘economic development’’ mitted on May 28, 1997: SENATE JOINT RESOLUTION NO. 228 policies; and By Mr. MURKOWSKI, from the Committee Whereas, these programs fail to promote Whereas, the federal government was on Energy and Natural Resources, with an healthy and equitable statewide economic granted carefully limited powers by the amendment in the nature of a substitute: growth and, in reality, result in States en- states through the ratification of the Con- S. 210. A bill to amend the Organic Act of gaging in economic warfare by moving busi- stitution of the United States; and Guam, the Revised Organic Act of the Virgin nesses from one location to another both Whereas, the 10th Amendment to the Con- Islands, and the Compact of Free Association within and between States, with no signifi- stitution of the United States specifies that Act, and for other purposes (Rept. No. 105– cant economic benefit in the aggregate; and ‘‘the powers not delegated to the United 22). Whereas, America’s future in the global States by the Constitution, nor prohibited economy lies within its educational, indus- by it to the states, are reserved to the states INTRODUCTION OF BILLS AND trial, technological, and research capabili- respectively, or to the people’’; and JOINT RESOLUTIONS ties throughout the entire fifty States; and Whereas, the framers of the Constitution The following bills and joint resolu- Whereas, disarmament of wasteful pro- recognized that the separation of powers is tions were introduced, read the first grams can be achieved through a combina- essential in protecting the rights of the peo- tion of new State and Federal policies; and and second time by unanimous con- ple and extends not only to the three sent, and referred as indicated: Whereas, States would be better off pro- branches of the federal government, but also viding a less burdensome tax climate for all to the relationship between the federal gov- By Mr. WARNER: businesses and a quality educational system ernment and state governments; and S. 819. A bill to designate the United States courthouse at 200 South Washington geared to providing an adequately trained Whereas, the three branches of the federal Street in Alexandria, Virginia, as the ‘‘Mar- and ready work force, support for research government have by many actions usurped tin V.B. Bostetter, Jr. United States Court- and development, and a quality transpor- powers reserved by the Constitution of the house’’; to the Committee on Environment tation system, along with other high-quality United States to the states and the people, and Public Works. traditional Government services; and thus severely unbalancing the relationship Whereas, efforts are currently under way between the federal government and the SUBMISSION OF CONCURRENT AND in the United States Congress to identify and state governments; and eliminate federally funded programs that are SENATE RESOLUTIONS Whereas, the federal judiciary has not used by the States to escalate this economic taken any action to control these unwar- The following concurrent resolutions warfare: Therefore be it ranted assumptions of power by the federal and Senate resolutions were read, and Resolved, That the Massachusetts House of government; and referred (or acted upon), as indicated: Representatives urges the Congress of the By Mr. THURMOND: United States to embrace and support efforts Whereas, less federal preemption means S. Res. 95. A resolution designating August in the United States Congress such as H.R. states can act as true laboratories of democ- 16, 1997, as ‘‘National Airborne Day’’; to the 1842 and other legislative initiatives that racy, developing novel social and economic Committee on the Judiciary. will begin to mitigate this economic warfare: policies without intruding into the affairs of And be it further the rest of the nation; and f Resolved, That a copy of these resolutions Whereas, in order to restore the balance of power between the federal government and STATEMENTS ON INTRODUCED be forwarded by the Clerk of the House of BILLS AND JOINT RESOLUTIONS Representatives to the Presiding Officer of state governments as intended by the fram- each branch of the Congress, and to the ers of the Constitution of the United States, By Mr. WARNER: members thereof from this Commonwealth. the federal government must carefully con- S. 819. A bill to designate the United POM–109. A joint resolution adopted by the sider, and be accountable for, the constitu- States courthouse at 200 South Wash- General Assembly of the Commonwealth of tional boundaries of its jurisdiction; now, therefore, be it ington Street in Alexandria, Virginia, Virginia; to the Committee on Governmental as the ‘‘Martin V.B. Bostetter, Jr. Affairs. Resolved by the Senate, the House of Dele- gates concurring, That the Congress of the United States Courthouse’’; to the HOUSE JOINT RESOLUTION NO. 415 United States be urged to enact legislation Committee on Environment and Public Whereas, the federal government distrib- that would require Congress to cite the con- Works. uted almost $229 billion in grants to state stitutional authority for all proposed laws; THE MARTIN V.B. BOSTETTER, JR. UNITED and local governments in federal fiscal year and, be it STATES COURTHOUSE DESIGNATION ACT OF 1997 1995; and Resolved further, That the enabling legisla- ∑ Whereas, Virginia received approximately Mr. WARNER. Mr. President, I am tion enacted by Congress contain the fol- $3.5 billion in federal grants in federal fiscal introducing a bill today to designate lowing provisions: year 1995; and the U.S. Bankruptcy Courthouse, at 200 Whereas, Virginia’s receipt of federal 1. To require Congress to state explicitly S. Washington Street in Alexandria, grants on a per-capita basis is the lowest of the extent to which the proposed section of any new law preempts any state, local, or VA the ‘‘Martin V.B. Bostetter, Jr. any state in the country and has been for United States Courthouse.’’ five consecutive years; and tribal law, and if so, to provide the reasons for such preemptions; I authored previous legislation which Whereas, many federal grants are awarded is now law, authorizing the transfer of using mathematical formulas that may be 2. To prohibit federal agencies from pro- disadvantageous to the Commonwealth; and mulgating rules or regulations (i) that pre- the Albert V. Bryan U.S. Courthouse Whereas, the United States General Ac- empt or otherwise interfere with state and building name from 200 S. Washington counting Office last prepared a catalogue of local powers without expressed statutory au- Street to the new Alexandria U.S. federal grant formulas in 1987; and thority and (ii) that do not give states notice Courthouse. Since that time the old Al- Whereas, an updated catalogue of federal and an opportunity to be heard in the rule- bert V. Bryan Courthouse has remained grant formulas is vital for Virginia to better making process; and nameless, while still serving the U.S. 3. If clause 3 of Section 8 of Article I of the understand and address its receipt of federal Bankruptcy Court. I can think of no grant moneys: Now therefore, be it Constitution of the United States is cited as Resolved by the House of Delegates, the Sen- the constitutional authority for the proposed better person to name the bankruptcy ate concurring, That the Congress of the law, to require Congress to report a list of court after than Chief Judge Bostetter United States be urged to direct the General factual findings establishing a substantial given his long service to the bank- Accounting Office to update its 1987 cata- nexus between the regulatory effect of the ruptcy court in Alexandria. logue of federal grant-in-aid formulas as proposed law and interstate commerce; and, Chief Judge Bostetter is currently soon as possible; and, be it be it the Chief Judge for the Eastern Dis- Resolved further, That the Clerk of the Resolved finally, That the Clerk of the Sen- trict of Virginia. He was appointed to House of Delegates transmit copies of this ate transmit copies of this resolution to the the U.S. Bankruptcy Court in 1959, and resolution to the Speaker of the United President of the United States Senate, the appointed Chief Judge on February 1, States House of Representatives, the Presi- Speaker of the House of Representatives, and dent of the United States Senate, the mem- the members of the Congressional Delega- 1985. He has the longest tenure on the bers of the Congressional Delegation of Vir- tion of Virginia in order that they may be bench of any bankruptcy judge in the ginia, and the Director of the Virginia Liai- apprised of the sense of the General Assem- country, a record he will probably hold son Office in order that they may be apprised bly in this matter. for sometime.

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5192 CONGRESSIONAL RECORD — SENATE June 2, 1997 Born in Baltimore, MD, on March 11, tion of the commission until 1974. In S. 220 1926, Judge Bostetter, has spent most 1959, the Alexandria Junior Chamber of At the request of Mr. GRASSLEY, the of his life in Virginia. He attended Commerce awarded him the Distin- name of the Senator from Oklahoma Mount Vernon High School in Fairfax guished Service Award as the ‘‘Out- [Mr. NICKLES] was added as a cosponsor County, VA, and, after serving in the standing Young Man of the Year 1959,’’ of S. 220, a bill to require the United U.S. Navy during World War II, at- and the Kiwanis Club of Alexandria States Trade Representative to deter- tended the University of Virginia designated him as an honorary member mine whether the European Union has where he obtained his B.A. Degree in for his civic contributions to the city. failed to implement satisfactorily its 1950 and his law degree LL.B. Degree in In 1960, he was nominated by the Alex- obligations under certain trade agree- 1952. andria Junior Chamber of Commerce as ments relating to United States meat I might add that I attended the Uni- 1 of the 10 outstanding men of the and pork exporting facilities, and for versity of Virginia Law School enter- United States for his work on the Juve- other purposes. ing in 1949, then serving in the Korean nile Detention Commission. S. 230 war and returning for completion of Along with his responsibilities as a At the request of Mr. THURMOND, the my degree in 1953, 1 year after Judge bankruptcy judge, Chief Judge name of the Senator from Virginia [Mr. Bostetter. Bostetter served as a member of the WARNER] was added as a cosponsor of S. Since 1952, Chief Judge Bostetter’s Committee on Court Administration of 230, a bill to amend section 1951 of title entire legal career has occurred within the Judicial Conference of the United 18, United States Code (commonly an 8 block radius of Old Town Alexan- States from July 1, 1982, until it was known as the Hobbs Act], and for other dria. He began his practice of law in dissolved by reorganization of the Judi- purposes. the city of Alexandria, and, in 1953 he cial Conference in 1987. On October 16, S. 356 was appointed special assistant to the 1984, he was elected by the Judicial At the request of Mr. GRAHAM, the city attorney, serving in the capacity Conference of the United States to the names of the Senator from Montana of city prosecutor. Judge Bostetter re- Board of Directors of the Federal Judi- [Mr. BAUCUS], and the Senator from signed that position in 1957 to become cial Center, serving in that position South Carolina [Mr. HOLLINGS] were associate judge of the municipal court until September 1987. He is a former added as cosponsors of S. 356, a bill to of the city of Alexandria, where he member of the Transition Advisory amend the Internal Revenue Code of served for a period of 2 years, resigning Committee on Bankruptcy to the Di- 1986, the Public Health Service Act, the in 1959. rector of the Administrative Office of Employee Retirement Income Security In 1959, Chief Judge Bostetter set up the U.S. Courts. In 1986, he was ap- Act of 1974, the title XVIII and XIX of the first Bankruptcy Court in Alexan- pointed by Chief Justice Warren Burger the Social Security Act to assure ac- dria at 200 S. Washington St.—the very as chairman of a committee to expand cess to emergency medical services building which he now occupies as and improve the educational programs under group health plans, health insur- Chief Judge of the Bankruptcy Court for all bankruptcy judges. Justice ance coverage, and the Medicare and for the Eastern District of Virginia 38 Rehnquist, upon assuming the position Medicaid programs. years later. of Chief Justice of the United States, S. 436 Over the last 38 years Judge reappointed Chief Judge Bostetter to At the request of Mr. ROTH, the name Bostetter has seen the work of the continue as chairman of that com- of the Senator from New Jersey [Mr. Bankruptcy Court for the Eastern Dis- mittee until his term expired in 1989. In TORRICELLI] was added as a cosponsor trict of Virginia grow from 9 filings per addition, Chief Judge Bostetter was ap- of S. 436, a bill to amend the Internal month to more than 2,600 filings per pointed to the State-Federal Judicial Revenue Code of 1986 to provide for the month and its personnel requirements Relations Committee of the Common- establishment of an intercity passenger increase from 1 clerk to three divisions wealth of Virginia in 1991. rail trust fund, and for other purposes. with 5 full time judges and an adminis- In addition to his significant public S. 531 trative staff of 90 employees. The Alex- service as a judge, Chief Judge At the request of Mr. ROTH, the name andria Division where Judge Bostetter Bostetter has a strong record of civic of the Senator from Massachusetts serves now has 2 full time judges, 22 contributions as well. He has served as [Mr. KERRY] was added as a cosponsor employees and averages 790 filings per president of the Alexandria Bar Asso- of S. 531, a bill to designate a portion of month. During much of his career, ciation, president of the Alexandria the Arctic National Wildlife Refuge as Judge Bostetter has, by necessity, han- Junior Chamber of Commerce, presi- wilderness. dled this increasingly heavy case load dent and chairman of the Board of the S. 535 of approximately 21⁄2 judges. Alexandria Sertoma Club, president of During his tenure as a bankruptcy Alexandria Mental Health Association, At the request of Mr. MCCAIN, the judge, Chief Judge Bostetter has been a and has also served on the boards of names of the Senator from Georgia dedicated and loyal public servant the Alexandria Hospital Corporation, [Mr. CLELAND], the Senator from Vir- serving the people of Virginia faith- the Alexandria Mental Health Clinic, ginia [Mr. WARNER], the Senator from fully with honor, integrity and distinc- the Alexandria Community Chest, and Oregon [Mr. WYDEN], and the Senator tion. Chief Judge Bostetter has ful- the Alexandria Boys’ Club. from Nebraska [Mr. KERREY] were filled his duties as a bankruptcy judge Mr. President, I can think of no bet- added as cosponsors of S. 535, a bill to with a strong sense of fairness and ter tribute to Judge Bostetter than to amend the Public Health Service Act pragmatism while at the same time ad- name the U.S. Bankruptcy Court, at to provide for the establishment of a hering to the constraints imposed by 200 South Washington Street, Alexan- program for research and training with the Bankruptcy Code and related dria, VA the Martin V.B. Bostetter, Jr. respect to Parkinson’s disease. caselaw. In addition, Chief Judge U.S. Bankruptcy Courthouse.∑ S. 685 At the request of Mr. CAMPBELL, the Bostetter has set very high standards f for the lawyers who practice before name of the Senator from Utah [Mr. him making those lawyers better pre- ADDITIONAL COSPONSORS HATCH] was added as a cosponsor of S. pared and more effective advocates for S. 50 685, a bill to amend the Internal Rev- their respective clients’ interests. At the request of Mr. FAIRCLOTH, the enue Code of 1986 to extend the work Mr. President, in addition to being an names of the Senator from Arkansas opportunity tax credit for an addi- accomplished jurist, Judge Bostetter [Mr. HUTCHINSON], the Senator from tional fiscal year. has also held several other distin- Idaho [Mr. KEMPTHORNE], and the Sen- S. 709 guished positions. In 1957, he was ap- ator from Montana [Mr. BURNS] were At the request of Mr. HAGEL, the pointed by the city of Alexandria as added as cosponsors of S. 50, a bill to name of the Senator from Kansas [Mr. one of the original commissioners to amend the Internal Revenue Code of ROBERTS] was added as a cosponsor of serve on the Juvenile Detention Com- 1986 to provide a nonrefundable tax S. 709, a bill to protect private property mission for Northern Virginia and credit for the expenses of an education rights guaranteed by the fifth amend- served as its chairman from the incep- at a 2-year college. ment to the Constitution by requiring

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5193 Federal agencies to prepare private under the Clean Air Act, and for other Parachute Test Platoon’s ‘‘Jump Into His- property taking impact analyses and purposes. tory’’ on August 16, 1940: Now, therefore, be it by allowing expanded access to Federal SENATE RESOLUTION 71 courts. Resolved, That the Senate— At the request of Mr. WYDEN, the (1) designates August 16, 1997, as ‘‘National S. 712 names of the Senator from Rhode Is- Airborne Day’’; and At the request of Mr. MOYNIHAN, the land [Mr. REED], the Senator from (2) requests that the President issue a name of the Senator from Delaware Washington [Mrs. MURRAY], the Sen- proclamation calling upon the Federal, [Mr. ROTH] was added as a cosponsor of ator from Arizona [Mr. MCCAIN], the State, and local administrators and the peo- S. 712, a bill to provide for a system to Senator from Pennsylvania [Mr. SPEC- ple of the United States to observe the day with appropriate programs, ceremonies, and classify information in the interests of TER], and the Senator from Wyoming activities. national security and a system to de- [Mr. THOMAS] were added as cosponsors classify such information. of Senate Resolution 71, a resolution to Mr. THURMOND. Mr. President, I am pleased to submit today a Senate reso- S. 724 ensure that the Senate is in compli- lution proclaiming August 16, 1997, as At the request of Mr. NICKLES, the ance with the Congressional Account- ‘‘National Airborne Day.’’ names of the Senator from Oklahoma ability Act with respect to permitting On June 25, 1940, the War Department [Mr. INHOFE] and the Senator from a disabled individual access to the Sen- authorized the Parachute Test Platoon Louisiana [Ms. LANDRIEU] were added ate floor when that access is required to experiment with the potential use of as cosponsors of S. 724, a bill to amend to allow the disabled individual to dis- airborne troops. The Parachute Test the Internal Revenue Code of 1986 to charge his or her official duties. Platoon, which was composed of 48 vol- provide corporate alternative min- SENATE RESOLUTION 76 unteers, performed the first official imum tax reform. At the request of Mr. THURMOND, the Army parachute jump on August 16, S. 779 name of the Senator from Arizona [Mr. 1940. The success of the platoon led to At the request of Mr. REID, the name MCCAIN] was added as a cosponsor of the formation of a large and successful of the Senator from Iowa [Mr. HARKIN] Senate Resolution 76, a resolution pro- airborne contingent that has served was added as a cosponsor of S. 779, a claiming a nationwide moment of re- from World War II until the present. bill to amend title XVIII of the Social membrance, to be observed on Memo- The 82d Airborne Division was the Security Act to increase the number of rial Day, May 26, 1997, in order to ap- first airborne division to be organized. physicians that complete a fellowship propriately honor American patriots In a 2-year period during World War II, in geriatric medicine and geriatric psy- lost in the pursuit of peace and liberty the regiments of the 82d served in Italy chiatry, and for other purposes. around the world. at Anzio, in France at Normandy— S. 780 SENATE RESOLUTION 85 where I landed with them—and at the At the request of Mr. REID, the name At the request of Mr. GREGG, the Battle of the Bulge. During this tumul- of the Senator from Iowa [Mr. HARKIN] name of the Senator from Virginia [Mr. tuous period in our Nation’s history, was added as a cosponsor of S. 780, a ROBB] was added as a cosponsor of Sen- these brave soldiers served with dis- bill to amend title III of the Public ate Resolution 85, a resolution express- tinction, as they have done for 55 Health Service Act to include each ing the sense of the Senate that indi- years. It is only fitting that we honor year of fellowship training in geriatric viduals affected by breast cancer them. medicine or geriatric psychiatry as a should not be alone in their fight I urge you to join with me in spon- year of obligated service under the Na- against the disease. soring National Airborne Day to ex- tional Health Corps Loan Repayment f press our support for the members of Program. the airborne community and also our SENATE RESOLUTION 95—TO DES- S. 789 gratitude for their tireless commit- IGNATE NATIONAL AIRBORNE At the request of Mr. GRASSLEY, the ment to our Nation’s defense and DAY name of the Senator from Maine [Ms. ideals. COLLINS] was added as a cosponsor of S. Mr. THURMOND submitted the fol- f 789, a bill to amend title XVIII of the lowing resolution; which was referred ADDITIONAL STATEMENTS Social Security Act to provide Medi- to the Committee on the Judiciary. care beneficiaries with additional in- S. RES. 95 formation regarding Medicare managed Whereas the Parachute Test Platoon was TRIBUTE TO THE NEW HAMPSHIRE care plans and Medicare select policies. authorized by the War Department on June DELEGATES ATTENDING A NA- 25, 1940, to experiment with the potential use SENATE JOINT RESOLUTION 3 TIONAL SUMMIT ON VOL- of airborne troops; At the request of Mr. THURMOND, the Whereas the Parachute Test Platoon was UNTEERISM name of the Senator from Virginia [Mr. composed of 48 volunteers who began train- ∑ Mr. SMITH of New Hampshire. Mr. WARNER] was added as a cosponsor of ing in July 1940; President, I rise today to pay tribute Senate Joint Resolution 3, a joint reso- Whereas the Parachute Test Platoon per- to the New Hampshire delegates who lution proposing an amendment to the formed the first official Army parachute represented the Granite State at the jump on August 16, 1940; Constitution of the United States re- National Summit on Volunteerism in lating to voluntary school prayer. Whereas the success of the Parachute Test Platoon led to the formation of a large and Philadelphia from April 27 through SENATE JOINT RESOLUTION 6 successful airborne contingent serving from April 29. The 3-day summit focused on At the request of Mr. KYL, the name World War II until the present; the challenges facing our Nation’s chil- of the Senator from Wyoming [Mr. Whereas the 82d Airborne Division was the dren and youth, and encouraged Ameri- THOMAS] was added as a cosponsor of first Airborne Division that was organized cans to dedicate their time and talents Senate Joint Resolution 6, a joint reso- following the successes of the Parachute to communities and children. It was or- lution proposing an amendment to the Test Platoon and the early airborne training ganized on the suggestion that Amer- program and has continued in active service Constitution of the United States to ica’s young people have access to five protect the rights of crime victims. since its creation; Whereas the 82d Airborne Division Associa- fundamental resources. These re- SENATE CONCURRENT RESOLUTION 28 tion exists to continue and foster that spe- sources include an ongoing relationship At the request of Mr. KOHL, his name cial esprit de corps among fellow para- with an adult, safe places during non- was added as a cosponsor of Senate troopers, to perpetuate the memory of the school hours to learn, a healthy start, Concurrent Resolution 28, a concurrent 82d Airborne Division troopers who fought a skill through effective education, and resolution expressing the sense of Con- and died for our Nation, and to further the the opportunity to give back through gress that the Administrator of the En- common bond among all members of the air- community service. borne community; and vironmental Protection Agency should Whereas the 82d Airborne Division Associa- I would like today to honor the indi- take immediate steps to abate emis- tion, during the 52d year of existence and at viduals from my State who gave their sions of mercury and release to Con- the 50th Annual Convention, adopted a reso- time and energy so our children can re- gress the study of mercury required lution to perpetuate the memory of the main safe and strong. They are: Amy

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5194 CONGRESSIONAL RECORD — SENATE June 2, 1997 McGlashan of New Hampshire College rural areas, where serious accidents, The PRESIDING OFFICER. Without and University Council, Daniel Forbes often related to farm equipment, are a objection, it is so ordered. of St. Anselm College, Carlos Agudelo constant threat. Access to an emer- Mr. CRAIG. Mr. President, I further of the ALPHA Alliance, Regis Lemaire gency care hospital within 35 miles can ask unanimous consent at 2:15 the Sen- of the Office of Youth Services, David mean the difference between life and ate resume consideration of S. 4. Fish of the United Parcel Service, Dar- death. The ability to be referred to a The PRESIDING OFFICER. Without lene E. Schmidt of CFX Bank, Joshua major regional hospital for more spe- objection, it is so ordered. Morse of Southern New Hampshire cialized care can be of like importance. f Services, JoAnn St. Pierre of the Vol- Congress must recognize the special PROGRAM untary Action Center, Ann Puglielli of needs of rural America and work to St. Anselm College, Richard Shannon meet them. This bill is a step in the Mr. CRAIG. Mr. President, for the in- of New Hampshire Catholic Charities, right direction. formation of all Senators, tomorrow Susan Gilbert of Manchester, Suzanne The Rural Health Care Protection from 9:30 a.m. to 12:30 p.m., the Senate Carbon of the Grafton County Family Act of 1997 focuses on providing sup- will honor the service of our President Court, Catie Doucette of the White port of sole community hospitals and pro tempore, Senator STROM THUR- Mountain School, Ed Farrell of the rural referral centers. Sole community MOND, as the longest serving Member of White Mountain School, Dick Fowler hospitals [SCH’s] are hospitals located the U.S. Senate. By previous consent, of the Division of Children and Youth at least 35 miles from other hospitals from 12:30 p.m. to 2:15 p.m. the Senate Services, Katie Kelley of the Path- and are often the sole source of emer- will be in recess to allow the weekly finders Program, Theresa Kennett of gency care or impatient services in policy luncheons to meet. At 2:15, the Kennett High School, Bruce Labs of their areas. There are currently 728 Senate will immediately resume con- Woodsville High School, Sara Lang of SCH’s in 46 States. There are 11 in my sideration of S. 4, the Family Friendly Woodsville High School, Mike Purcell home State of Iowa. Rural referral cen- Workplace Act. Members who intend to of White Mountain Mental Health, ters [RRC’s] are relatively large and offer amendments to S. 4 should be pre- Lynn Wheeler of Nighswander, Lord specialized rural hospitals which re- pared to offer those amendments dur- and Martin, Debbie Tasker of the ceive referrals from community hos- ing tomorrow’s session. Therefore, Sen- Dover Adult Learning Center, Bernie pitals throughout a region. There are ators can expect rollcall votes through- Mucci of Tyco International Ltd., Elise currently 142 RRC’s in 39 States, in- out tomorrow’s session of the Senate Klysa of the Timberland Corp., Ron cluding 5 in Iowa. as we make progress on this important This legislation contains four pro- Borelli of Aavid Thermal Technologies legislation. posals designed to help keep these care Inc., Karen Brown of Channel 9 News, A cloture motion was filed this centers operating. First, the act would Chris Gallagher of the Corporation for evening on the pending amendment to give SCH’s the option of choosing an National Service, Sidney Swartz of the S. 4, and therefore Members can antici- updated fiscal year 1994–95 base year Timberland Corp., and Ken Freitas of pate a cloture vote on Wednesday for Medicare funding instead of the the Timberland Corp. morning. As always, Members will be outdated based years which they must Each and every delegate from the notified accordingly as any votes are currently use. Second, the act would State of New Hampshire has achieved ordered with respect to the legislation. permanently grandfather as an RRC success in effective citizen service. Also, under the provisions of rule any hospital that has previously quali- They are experienced in creating op- XXII, Senators have until the hour of fied as an RRC. Third, the act would portunities for others to contribute to 12:30 tomorrow afternoon in order to exempt the RRC’s from the statewide solutions, and have a record of getting file first-degree amendments. It is the rural wage index threshold for geo- leader’s hope that we can complete ac- things done. Above all, they are trust- graphic reclassification. Finally, the ed by others in their community and tion on S. 4 midweek so we can con- bill would allow rural hospitals that tinue action on the concurrent budget for that they can be very proud. meet the reclassification criteria to be The summit proved to be beneficial. resolution and supplemental appropria- reclassified as urban hospitals for pur- The representatives from New Hamp- tions conference report this week. I ap- poses of disproportionate share hos- shire combined their efforts with dele- preciate all Members’ cooperation and pital [DSH] payment adjustments. I thank Members for their attention. gates from Delaware. They came up This bill would help ensure that rural with creative plans to bring adults and Americans maintain access to these es- f college students into Manchester’s pub- sential care centers. I ask my col- ADJOURNMENT UNTIL 9:30 A.M. lic schools together to help establish a leagues on both sides of the aisle to TOMORROW mentoring program. The New Hamp- join me in support of this measures. ∑ shire delegates will meet again in the Mr. CRAIG. If there is no further f summer to review this proposal and the business to come before the Senate, I other ideas they collected and decide ORDERS FOR TUESDAY, JUNE 3, now ask unanimous consent the Senate how to use them. 1997 stand in adjournment under the pre- I commend the New Hampshire dele- Mr. CRAIG. Mr. President, I ask vious order. There being no objection, the Senate, gates on their willingness to help make unanimous consent that when the Sen- at 5:04 p.m., adjourned until Tuesday, the Granite State a better place to ate completes its business today it live, and to ignite the spirit of vol- stand in adjournment until the hour of June 3, 1997, at 9:30 a.m. unteerism to provide a strong founda- 9:30 a.m. on Tuesday, June 3. f tion for America’s youth. New Hamp- The PRESIDING OFFICER. Without NOMINATIONS shire is fortunate to be blessed by their objection, it is so ordered. Executive nominations received by leadership and dedication. I applaud Mr. CRAIG. I ask unanimous consent the Senate June 2, 1997: them for their outstanding work, and that on Tuesday, immediately fol- am proud to represent all of them in lowing the prayer, the routine requests DEPARTMENT OF STATE the U.S. Senate.∑ through the morning hour be granted JAMES FRANKLIN COLLINS, OF ILLINOIS, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF f and the Senate be in a period of morn- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ing business until the hour of 12:30 p.m. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES HEALTH CARE PROTECTION ACT to allow Senators to pay tribute to our OF AMERICA TO THE RUSSIAN FEDERATION. OF 1997 OFFICE OF PERSONNEL MANAGEMENT President pro tempore, Senator THUR- ∑ Mr. GRASSLEY. Mr. President, on JANICE R. LACHANCE, OF VIRGINIA, TO BE DEPUTY DI- MOND. RECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT, May 23, I introduced legislation de- The PRESIDING OFFICER. Without VICE LORRAINE ALLYCE GREEN, RESIGNED. signed to maintain rural communities’ objection, it is so ordered. IN THE ARMY Mr. CRAIG. I ask unanimous consent access to hospital care. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Today many rural Americans live in that the Senate recess from the hours IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- fear that they may lose access to local of 12:30 to 2:15 for the weekly party SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION and regional hospital care. In these conferences to meet. 601:

VerDate Mar 15 2010 21:53 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 9801 E:\1997SENATE\S02JN7.REC S02JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 2, 1997 CONGRESSIONAL RECORD — SENATE S5195 To be lieutenant general CAPT. WILLIAM J. LYNCH, 0000 DONALD P. COOK, 0000 CAPT. ROBERT R. PERCY III, 0000 PHILIP J. CORBETT, 0000 MAJ. GEN. DAVID K. HEEBNER, 0000 PETER A. CORNELL, 0000 IN THE MARINE CORPS GREGORY CORNISH, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE JOSE R. CORPUS, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE U.S. JOSEPH A. CORSI, JR, 0000 RESERVE OF THE ARMY TO THE GRADE INDICATED LAWRENCE S. COTTON, JR, 0000 MARINE CORPS UNDER TITLE 10, UNITED STATES CODE, UNDER TITLE 10, UNITED STATES CODE, SECTION 12203: DWIGHT L. COUSINS, 0000 SECTION 12203: To be major general DAVID T. CUNNINGHAM, 0000 To be colonel RICHARD CURRENT, 0000 BRIG. GEN. DARREL P. BAKER, 0000 PETER H. DALY, 0000 BRIG. GEN. MURREL J. BOWEN, JR., 0000 DAVID J. BIOW, 0000 THOMAS R. DANIEL, JR, 0000 BRIG. GEN. JOHN D. HAVENS, 0000 JOHN R. BRANCH, 0000 WILLIAM D. DANIELS, 0000 BRIG. GEN. EUGENE S. IMAI, 0000 PATRICK J. BURGER, 0000 GEORGE D. DAVIS III, 0000 BRIG. GEN. THOMAS D. KINLEY, 0000 JOHN M. CLAPP, 0000 DEBRA L. DEACON, 0000 BRIG. GEN. FEDERICO LOPEZ III, 0000 ALLAN F. CRUZ, 0000 WILEY R. DEAL, JR, 0000 BRIG. GEN. JOEL W. NORMAN, 0000 RICHARD M. CUSICK, 0000 CHARLES G. DEITCHMAN, 0000 BRIG. GEN. JOHN C. ROWLAND, 0000 DELL M. DEMPSEY, 0000 THOMAS A. DELERY, 0000 ROBERT W. FOLTYN, 0000 DIRK P. DEVERILL, 0000 To be brigadier general WILLIARD D. HALL, JR., 0000 WILLIAM E. DEWES, 0000 RICHARD F. HAMILTON, 0000 EMMITT D. DICKENS, 0000 COL. JOHN C. ATKINSON, 0000 KEVIN P. HART, 0000 RYLAND T. DODGE III, 0000 COL. JOHN A. BATHKE, 0000 JAMES C. HOSMER, 0000 GEORGE B. DOM, 0000 COL. WILLIAM H. HALL, 0000 DAVID M. JESPERSEN, 0000 DANIEL R. DONOGHUE, 0000 COL. DENNIS A. KAMIMURA, 0000 JAMES A. KELLY, 0000 BARRY M. DONOVAN, 0000 COL. EUGENE P. KLYNOOT, 0000 ROYDEN T. KOITO, 0000 DAVID J. DORSETT, 0000 COL. DENNIS D. KRSNAK, 0000 MICHELE D. KRAUSE, 0000 HENRY E. DOSKER, JR, 0000 COL. BENNY M. PAULINO, 0000 HENRY E. MAHER, 0000 KEVIN P. DOWLING, 0000 COL. JAMES L. PRUITT, 0000 KENNETH L. MARSHBANKS, 0000 BRUCE L. DRAKE, 0000 COL. EDWIN H. ROBERTS, JR., 0000 NATHANIEL T. MC CLESKEY, 0000 JANICE M. DUNDAS, 0000 COL. CHARLES L. ROSENFELD, 0000 GARY L. MC ELVAIN, 0363 CHRISTOPHER R. EARL, 0000 COL. JOHN R. SCALES, 0000 DANIEL W. MC SPADDEN, 5631 ROBERT M. EICHELBERGER, 0000 COL. JOHN A. TYMESON, 0000 ROGER K. MOORE, 0000 DANIEL C. ELLIOTT, 0000 COL. BRIAN D. WINTER, 0000 DANIEL A. MOROCO, JR., 0000 GARY J. ELLIS, 0000 STEPHEN A. EWELL, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT WILLIAM J. O’BRIEN, JR., 0000 WILLIAM F. OEHL, JR., 0000 JOHN R. EXELL, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- WILLIAM R. FARAWELL, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- LAWRENCE P. O’NEIL, 0000 JOHN P. PACZKOWSKI, 0000 RICHARD A. FECKLER, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION MARK E. FERGUSON III, 0000 601: GREGORY A. PATTERSON, 0000 KIM T. POOLE, 0000 IAN P. FETTERMAN, 0000 To be lieutenant general HARRY H. PORTER, JR., 0000 DAVID J. FONTAINE, 0000 ANNE E. RATHMELL, 0000 RICHARD K. FORD, 0000 MAJ. GEN. DAVID J. KELLEY, 0000 STEVEN B. RAY, 0000 GEORGE T. FOSTER, 0000 THOMAS J. FREY, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT NICHOLAS E. REYNOLDS, 0000 GLENN H. ROBINSON, 0000 MICHAEL S. FRICK, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- CARL T. FROEHLICH, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- JOHN R. RUCKRIEGEL, 0000 JOHN M. SEVOLD, 0000 JOHN D. FURNESS, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION ALBERT J. GALLARDO, JR, 0000 601: ALAN R. SMITH, 0000 JAMES A. SMITH, 0000 KURT D. GARBOW, 0000 To be lieutenant general DARRYL D. STANLEY, 0000 ROBERT P. GARRETT, 0000 SUSAN M. SWIATEK, 0000 LOUIS J. GEANULEAS, 0000 MAJ. GEN. RICHARD A. CHILCOAT, 0000 CHARLES J. TEMPLE, 0000 JOSEPH T. GENGO, 0000 HENRY GONZALES, JR, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT MARK THIFFAULT, 0000 BETTYANN P. THOMPSON, 0000 DALE R. GOVAN, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- KENNETH A. GRABER, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- GERALD E. WEBB, 0000 THOMAS P. WILKINSON, 0000 PHILIP W. GRANDFIELD, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION VICTOR GUILLORY, 0000 601: JOHN K. YOUNG, 0000 ANDREW D. ZINN, 0000 NORMA L. HACKNEY, 0000 To be lieutenant general DENNIS HAINES, 0000 IN THE NAVY DANIEL L. HANSEN, 0000 MAJ. GEN. RANDOLPH W. HOUSE, 0000 DAVID A. HARRINGTON, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT THOMAS A. HAWKINS, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE U.S. NAVY UNDER JOHN W. HEDLUND, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- TITLE 10, UNITED STATES CODE, SECTION 624: KARL R. HEINZ, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- To be captain THOMAS A. HEJL, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION RONALD H. HENDERSON, JR, 0000 601: JAMES P. ADAMS, 0000 WILLIAM J. HENDRICKSON, 0000 To be lieutenant general MARK K. ADRICK, 0000 VAN A. HENLEY, 0000 GREGORY J. ALLEN, 0000 DONALD E. HEPFER II, 0000 MAJ. GEN. THOMAS N. BURNETTE, JR., 0000 MICHAEL D. ANDERSEN, 0000 MICHAEL C. HERB, 0000 ROBERT W. ANDERSEN, 0000 LEENDERT R. HERING, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THOMAS J. ARMINIO, 0000 RICHARD D. HIGH, 0000 IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- DAVID M. ARMITAGE, 0000 ELIZABETH A. HIGHT, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- JEFFREY S. ASHBY, 0000 ALEX S. HILL, JR, 0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION ROBIN M. BABB, 0000 RICHARD C. HILL III, 0000 601: RANDAL L. BAHR, 0000 MARK J. HIMLER, 0000 To be lieutenant general DUANE M. BAKER, JR, 0000 ALBERT HOCHEVAR, 0000 ROBERT D. BARBAREE, JR, 0000 THEODORE J. HOFFMAN, 0000 MAJ. GEN. PAUL J. KERN, 0000 CLAUDE E. BARRON, 0000 ROY L. HOLBROOK III, 0000 WILLIAM D. BARRON, 0000 RICHARD T. HOLDCROFT, 0000 IN THE MARINE CORPS DAVID C. BEAM, 0000 GARY M. HOLST, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THOMAS C. BENNETT, 0000 DOUGLAS L. HOVLAND, 0000 IN THE U.S. MARINE CORPS TO THE GRADE INDICATED MARK M. BENSON, 0000 MICHAEL R. HOWARD, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN M. BIRD, 0000 STEPHEN R. HOWARD, 0000 RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, DOUGLAS A. BLOCK, 0000 MICHAEL L. HOYT, 0000 SECTION 601: PATRICK M. BLOOMFIELD, 0000 MARK A. HUGEL, 0000 SUSAN J. BLUNT, 0000 RONALD D. HUGHES, 0000 To be lieutenant general BROOKS O. BOATWRIGHT, JR, 0000 PAUL J. C. HULLEY, 0000 RICHARD L. BOOTH, 0000 ROBERT C. JACKSON, 0000 MAJ. GEN. FRANK LIBUTTI, 0000 BARBARA J. BOWYER, 0000 CHARLES JAMISON, 0000 IN THE NAVY ROBERT K. BOYD, 0000 RALPH E. JANIKOWSKY, 0000 TED N. BRANCH, 0000 WILLIAM E. JEZIERSKI, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT RONALD W. BRINKLEY, 0000 DOUGLAS P. JOHNSON, 0000 IN THE U.S. NAVY TO THE GRADE INDICATED UNDER DAVID F. BRITT, 0000 PHILIP N. JOHNSON, 0000 TITLE 10, UNITED STATES CODE, SECTION 624: JOHN M. BROWNELL, 0000 STEPHEN E. JOHNSON, 0000 WILLIAM A. BRY, 0000 SCOTT L. JONES, 0000 To be real admiral (lower half) FRANK M. BUERGER, 0000 STEPHEN R. JONES, 0000 CAPT. JOSEPH W. DYER, JR., 0000 KIM S. BUIKE, 0000 STEVE V. JONES, 0000 WILLIAM R. BURKE, 0000 STEVEN A. JONES, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT STEPHEN B. BURNETT, 0000 EDWIN J. KANERVA, 0000 IN THE NAVAL RESERVE TO THE GRADE INDICATED LARRY D. BURRILL, 0000 THOMAS F. KEELEY, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTION 12203: JOHANNA K. BURTON, 0000 STEPHEN W. KEITH, 0000 DAVID H. BUSS, 0000 THOMAS S. KENNEDY, 0000 To be rear admiral (lower half) JAMES M. BUYSKE, 0000 MARK W. KENNY, 0000 CAPT. KENNETH C. BELISLE, 0000 THOMAS A. CAHILL, 0000 DONALD F. KERRIGAN, JR, 0000 CAPT. JOHN G. COTTON 0000 CHRIS C. CAIN, 0000 DANIEL T. KEUHLEN, 0000 CAPT. STEPHEN S. ISRAEL, 0000 FRANCIS J. CAMELIO, 0000 JONATHAN KIELL, 0000 CAPT. GERALD J. SCOTT, JR., 0000 JAMES J. CARDOSI, 0000 ANTHONY L. KIGGINS, 0000 CAPT. JOE S. THOMPSON, 0000 WILLIAM H. CAREY, 0000 RICHARD V. KIKLA, 0000 JOSEPH CELANO, 0000 JOSEPH F. KILKENNY, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT TIMOTHY J. CEPAK, 0000 RAYMOND M. KLEIN, 0000 IN THE RESERVE OF THE NAVY TO THE GRADE INDI- ROBERT S. CHAPMAN, 0000 GARY D. KLINK, 0000 CATED UNDER TITLE 10, UNITED STATES CODE, SECTION DAVID L. COMIS, 0000 CHRISTOPHER A. KLYNE, 0000 12203: TIMOTHY J. CONCANNON, 0000 KEITH F. KOON, 0000 To be rear admiral (lower half) STEPHEN A. CONN, 0000 KENNETH G. KRECH, 0000 ROBERT J. CONNELLY, 0000 MARK W. LAMBONI, 0000 CAPT. HOWARD W. DAWSON, JR., 0000 STEPHEN L. CONNORS, 0000 DAVID R. LANDON, 0000

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FREDERIC A. LANES, 0000 PETER B. OPSAL, 0000 C. L. STATHOS, 0000 CRAIG E. LANGMAN, 0000 MICHAEL H. ORFINI, 0000 MARIANNE V. STEADLEY, 0000 PETER J. LASZCZ, 0000 MILTON A. OUTTEN, 0000 JOHN G. STEELE, 0000 KEVIN J. LATHAM, 0000 MICHAEL J. OWENS, 0000 DENNIS W. STEVENS, 0000 NORMAN G. LAWS, JR., 0000 PETER H. OZIMEK, 0000 JAMES W. STEVENSON, JR., 0000 ROBERT A. LAWSON, 0000 KENNETH P. PARKS, 0000 DENNIS T. STOKOWSKI, 0000 PETER M. LEENHOUTS, 0000 JAMES H. PATRICK, 0000 DANE C. SWANSON, 0000 MICHAEL A. LEMIEUX, 0000 STUART L. PAUL, 0000 XZANA M. TELLIS, 0000 JOHN T. LEWIS III, 0000 GREGORY J. PITMAN, 0000 RICHARD L. THAYER, 0000 THOMAS E. LINDNER, 0000 JOHN J. POLCARI, 0000 JOHN T. LOCKS, 0000 DON H. POTTER, JR., 0000 MARC J. THOMAS, 0000 ROBERT W. LOONEY, 0000 RICHARD M. PREVATT, 0000 SCOTT M. THOMAS, 0000 ROBERT A. LOPEZ, 0000 PHILIP S. PRITULSKY, 0000 GRACIE L. THOMPSON, 0000 JOHN C. MACKERCHER, JR., 0000 CARLTON W. PURYEAR, JR., 0000 ROLLAND C. THOMPSON, 0000 ROBERT H. MAGEE, 0000 KEVIN M. QUINN, 0000 RUSSELL P. TJEPKEMA, 0000 MANUEL A. MALAGONFAJAR, 0000 ROBERT J. QUINN, 0000 JAMES P. TOSCANO, 0000 GREGORY E. MALINAK, 0000 JOHN A. READ, 0000 NICHOLAS A. TRONGALE, 0000 CHESTER J. MALINS, 0000 WILLIAM C. REED, 0000 THOMAS W. TROTTER, 0000 GEORGE E. MANASKIE, 0000 CAROL A. RENGSTORFF, 0000 CRAIG W. TURLEY, 0000 R. L. MARCANTONIO, 0000 DANIEL M. RENWICK, 0000 DAVE J. URICH, 0000 JOSEPH B. MARSHALL, JR., 0000 DAVID E. RIFKIN, 0000 RICHARD D. UYAK, 0000 GERALD A. MASON, 0000 WILLIAM D. RODRIGUEZ, 0000 ERNEST L. VALDES, 0000 GERARD M. MAUER, JR., 0000 GARY L. ROEMMICH, 0000 PIETER N. A. VANDENBERGH, 0000 MARY E. MC ADAMS, 0000 STEVEN ROMANO, 0000 ALBERTO E. VASQUEZ, JR., 0000 DOUGLAS L. MC CLAIN, 0000 LEE H. ROSENBERG, 0000 JOHN P. VINSON, 0000 JOHN K. MC CLAIN, 0000 CHRISTOPHER J. ROUM, 0000 MICHAEL C. VITALE, 0000 TIMOTHY V. MC CULLY, 0000 STEVEN C. ROWLAND, 0000 JOHN F. VUOLO, 0000 MICHAEL J. MC DERMOTT, 0000 RICHARD T. RUSHTON, 0000 MARK G. WAHLSTROM, 0000 BRADFORD N. MC DONALD, 0000 JOHN E. RYAN, 0000 DOROTHY E. WALIZER, 0000 JAMES A. MC DONELL, 0000 KEVIN P. RYAN, 0000 JAMES W. MC GLOON, JR., 0000 CHARLES P. SALSMAN, 0000 PATRICK M. WALSH, 0000 JOHN T. MC MURTRIE, JR., 0000 JAMES A. SANFORD, 0000 JOHN R. WARNECKE, 0000 WILLIAM H. MC RAVEN, 0000 STEPHEN F. SANTEZ, JR., 0000 ROBERT S. WARNER, 0000 JACK S. MENENDEZ, 0000 STANLEY L. SAUNDERS, 0000 DANNY L. WATERMAN, 0000 MICHAEL W. MENTAS, 0000 STEVEN SCHLIENTZ, 0000 MICHAEL G. WATSON, 0000 DONALD A. MEYER, 0000 CAROL J. SCHMIDT, 0000 MICHAEL N. WELLMAN, 0000 JAMES R. MILLER, 0000 DAVID C. SCHMITZ, 0000 TIMOTHY S. WETTER, 0000 JOHN W. MILLER, 0000 CHRISTOPHER P. SCHNEDAR, 0000 ROBERT N. WHITKOP, 0000 SAMUEL C. MILLER, 0000 DAVID M. SCHUBERT, 0000 LYNDEN D. WHITMER, 0000 WILLIAM H. MILLWARD, 0000 JOHN J. SCHWANZ, 0000 COLUMBUS WILLIAMS, JR., 0000 DALE A. MILTON, 0000 RICHARD N. SCHWENK, 0000 THOMAS D. WILLIAMS IV, 0000 ROBERT C. MOCK, 0000 WALTER G. SCULL III, 0000 GARY L. WILLIS, 0000 DANIEL E. MOORE, JR., 0000 STEVE A. SEAL, 0000 ROBERT J. WINKLER, 0000 DAVID C. MOORE, 0000 JONATHAN E. SEARS, 0000 ROBERT O. WIRT, JR., 0000 DAVID MOREL, 0000 MICHAEL L. SEIFERT, 0000 JAMES P. WISECUP, 0000 SHAWN MORRISSEY, 0000 ANDREW G. SEVALD, 0000 RONALD J. WOJDYLA, 0000 JOEL S. MORROW, 0000 JOHN W. SHERMAN, JR., 0000 ROBERT F. WOOD, JR., 0000 JOHN J. MORROW, 0000 DAVID K. SHIMP, 0000 HAROLD J. WOODBURN, 0000 RONAL B. MORSE, 0000 WOODY T. SHORTT, 0000 HUBERT F. WOODS, JR., 0000 FRANK M. MUNOZ, 0000 DANIEL R. SIGG, 0000 EDMUND T. WOOLDRIDGE, 0000 ALLEN G. MYERS, 0000 WALTER M. SKINNER, 0000 PATRICK D. MYERS, 0000 KEMP L. SKUDIN, 0000 RICHARD A. WRIGHT, 0000 LINDA M. NAGEL, 0000 DON E. SLATON, 0000 WARDELL C. S. WRIGHT, 0000 TIMOTHY M. NAPLE, 0000 WAYNE D. SLAUGHTER, 0000 WILLIAM E. WRIGHT, 0000 RONALD E. NASMAN, 0000 BRUCE E. SMITH, 0000 BRAD L. WROOLIE, 0000 LAWRENCE A. NEWTON, 0000 FRANK J. SMITH, 0000 ALBERT W. YODER, 0000 STANLEY R. O’CONNOR, 0000 RICHARD L. SNEAD, 0000 PAUL E. YOUNG, 0000 JOSEPH J. O’CONOR, 0000 SCOTT A. SPENCER, 0000 WALTER YOURSTONE, 0000 JOSEPH W. O’DONNELL, 0000 EDWIN H. SROKA, 0000 JOSEPH ZACHARZUK, JR., 0000 CARL D. OLSON, 0000 LARRY J. STACK, 0000 DAVID ZIEMBA, 0000 MICHAEL J. O’MOORE, 0000 GARY L. STARK, 0000 LEONARD A. ZINGARELLI, 0000

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SENATE COMMITTEE MEETINGS JUNE 5 Joint Economic Title IV of Senate Resolution 4, 9:00 a.m. To hold hearings to examine the employ- Agriculture, Nutrition, and Forestry ment-unemployment situation for agreed to by the Senate on February 4, May. 1977, calls for establishment of a sys- To hold hearings to examine instances of contaminated strawberries in school 1334 Longworth Building tem for a computerized schedule of all lunches. meetings and hearings of Senate com- SR–332 mittees, subcommittees, joint commit- 9:30 a.m. JUNE 9 tees, and committees of conference. Armed Services 2:00 p.m. This title requires all such committees Personnel Subcommittee Judiciary to notify the Office of the Senate Daily To hold hearings on gender integrated Administrative Oversight and the Courts Digest—designated by the Rules Com- training and related matters. Subcommittee mittee—of the time, place, and purpose SH–216 To hold hearings on preserving judicial Commerce, Science, and Transportation resources, focusing on judicial alloca- of the meetings, when scheduled, and To hold hearings to examine United any cancellations or changes in the tions for the 5th and 11th circuits. States trade with Asia. SD–226 meetings as they occur. SR–253 As an additional procedure along Environment and Public Works with the computerization of this infor- Business meeting, to consider pending JUNE 10 mation, the Office of the Senate Daily calendar business. 9:30 a.m. Digest will prepare this information for SD–406 Energy and Natural Resources Labor and Human Resources printing in the Extensions of Remarks Water and Power Subcommittee Children and Families Subcommittee section of the CONGRESSIONAL RECORD To hold hearings on miscellaneous water To hold hearings to examine policy im- on Monday and Wednesday of each and power measures, including S. 439, plications of child brain development. week. SD–430 H.R. 651, H.R. 652, S. 725, S. 736, S. 744, Meetings scheduled for Tuesday, 10:00 a.m. and S. 538. June 3, 1997, may be found in the Daily Appropriations SD–366 Digest of today’s RECORD. Legislative Branch Subcommittee Labor and Human Resources To hold hearings on proposed legislation MEETINGS SCHEDULED To hold hearings on proposed budget es- timates for fiscal year 1998 for the Li- relating to national labor relations. brary of Congress, General Accounting SD–430 Office, and the Government Printing 10:00 a.m. JUNE 4 Office. Appropriations 9:00 a.m. S–128, Capitol Legislative Branch Subcommittee Appropriations Banking, Housing, and Urban Affairs To hold hearings on proposed budget es- Defense Subcommittee Business meeting, to mark up S. 621, to timates for fiscal year 1998 for the of- To hold hearings on proposed budget es- repeal the Public Utility Holding Com- fices of the Secretary of the Senate, timates for fiscal year 1998 for the De- pany Act of 1935 and transfer residual Senate Sergeant at Arms, and the Ar- partment of Defense. regulatory authority from the Securi- chitect of the Capitol. SD–192 ties and Exchange Commission to the S–128, Capitol Judiciary Federal Energy Regulatory Commis- 2:00 p.m. To hold oversight hearings on the Fed- sion and State public service commis- Judiciary eral Bureau of Investigation, Depart- sions, and to consider the nominations Technology, Terrorism, and Government ment of Justice. of James A. Harmon, of New York, to Information Subcommittee SD–226 be President, and Jackie M. Clegg, of To hold hearings to examine instances of 9:30 a.m. Utah, to be First Vice President, both gambling over the Internet. Environment and Public Works of the Export-Import Bank of the Unit- SD–226 To hold hearings on the nomination of ed States. Michael J. Armstrong, of Colorado, to SD–538 be an Associate Director of the Federal 2:00 p.m. JUNE 11 Emergency Management Agency. Governmental Affairs 9:30 a.m. SD–406 International Security, Proliferation and Energy and Natural Resources Small Business Federal Services Subcommittee To hold oversight hearings on the State- To hold hearings to examine small busi- To hold hearings to examine prolifera- side of the Land and Water Conserva- ness perspectives on mandates, paper- tion issues, focusing on Russian case work, and regulation. studies. tion Fund. SR–428A SD–342 SD–366 1:00 p.m. 2:30 p.m. Labor and Human Resources Conferees Labor and Human Resources Business meeting, to mark up proposed On H.R. 1469, making emergency supple- Aging Subcommittee legislation to reform the Food and mental appropriations for recovery To hold hearings to examine challenges Drug Administration, and to consider from natural disasters, and for over- of treating alzeheimer’s disease, focus- pending nominations. seas peacekeeping efforts, including ing on biomedical research options. SD–430 those in Bosnia, for the fiscal year end- SD–430 10:00 a.m. ing September 30, 1997. Appropriations S–05, Capitol Defense Subcommittee 2:00 p.m. JUNE 6 To hold hearings on proposed budget es- Commerce, Science, and Transportation 9:30 a.m. timates for fiscal year 1998 for the De- Aviation Subcommittee Environment and Public Works partment of Defense. To hold hearings on the status of bilat- Transportation and Infrastructure Sub- SD–192 eral aviation negotiations between the committee United States and the United Kingdom. To resume hearings on proposed legisla- SR–253 tion authorizing funds for programs of JUNE 12 2:30 p.m. the Intermodal Surface Transportation 9:30 a.m. Select on Intelligence Efficiency Act, focusing on the replace- Energy and Natural Resources To hold closed hearings on intelligence ment of the Woodrow Wilson Memorial To resume a workshop to examine com- matters. Bridge. petitive change in the electric power SH–219 SD–406 industry, focusing on the benefits and

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1074 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 1997 risks of restructuring to consumers 10:30 a.m. JULY 23 and communities. Indian Affairs 9:00 a.m. SH–216 To hold joint hearings with the House Finance Small Business Committee on Resources on S. 569 and International Trade Subcommittee To hold oversight hearings to review H.R. 1082, bills to amend the Indian To hold hearings with the Caucus on Small Business Administration’s Child Welfare Act of 1978. International Narcotics Control on the microloan program. SD–106 threat to U.S. trade and finance from SR–428A drug trafficking and international or- 10:00 a.m. Labor and Human Resources JUNE 19 ganized crime. To resume hearings on proposed legisla- 9:30 a.m. SD–215 tion authorizing funds for programs of Labor and Human Resources the Higher Education Act, focusing on Public Health and Safety Subcommittee JULY 30 opportunity programs. To hold hearings on emergency medical SD–430 services for children. 9:00 a.m. SD–430 Finance International Trade Subcommittee JUNE 16 To resume hearings with the Caucus on 2:00 p.m. JUNE 20 International Narcotics Control on the Special on Aging 10:00 a.m. threat to U.S. trade and finance from To hold hearings to examine the problem Labor and Human Resources drug trafficking and international or- of pension miscalculations, focusing on To hold hearings on improving the qual- ganized crime. methods for educating people on the ity of child care. SD–215 steps they can take to protect them- SD–430 selves and their pension benefits. SD–628 JUNE 25 CANCELLATIONS 9:30 a.m. JUNE 17 Labor and Human Resources 10:00 a.m. Business meeting, to consider pending Labor and Human Resources calendar business. JUNE 5 To hold hearings to examine women’s SD–430 10:00 a.m. health issues. Commerce, Science, and Transportation SD–430 Science, Technology, and Space Sub- JUNE 26 committee 9:30 a.m. To hold hearings on NASA’s inter- JUNE 18 Labor and Human Resources national space station program. 9:30 a.m. Children and Families Subcommittee SR–253 Labor and Human Resources To hold oversight hearings on the imple- Judiciary Business meeting, to consider pending mentation of the Family and Medical Business meeting, to consider pending calendar business. Leave Act. calendar business. SD–430 SD–430 SD–226 Monday, June 2, 1997 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate slavia; referred to the Committee on Banking, Hous- Chamber Action ing, and Urban Affairs. (PM–39). Page S5174 Routine Proceedings, pages S5157–S5194 Received on Thursday, May 29, 1997, during the Measures Introduced: One bill and one resolution adjournment of the Senate: were introduced, as follows: S. 819 and S. Res. 95. Transmitting the report concerning the extension Page S5191 of waiver authority for the People’s Republic of Measures Reported: Reports were made as follows: China; referred to the Committee on Finance. Reported on Wednesday, May 28, during the ad- (PM–40). Page S5174 journment: Received on Friday, May 30, 1997, during the ad- S. 210, to amend the Organic Act of Guam, the journment of the Senate: Revised Organic Act of the Virgin Islands, and the Transmitting the report concerning the Federal Compact of Free Association Act, with an amend- Republic of Yugoslavia; referred to the Committee ment in the nature of a substitute. (S. Rept. No. on Banking, Housing, and Urban Affairs. (PM–41). 105–22) Page S5191 Pages S5174±76 Transmitting the report concerning the General Family Friendly Workplace Act: Senate resumed consideration of S. 4, to amend the Fair Labor Stand- System of Preference (GSP) for Cambodia; referred to ards Act of 1938 to provide to private sector em- the Committee on Finance. (PM–42). Page S5176 ployees the same opportunities for time-and-a-half Nominations Received: Senate received the follow- compensatory time off, biweekly work programs, and ing nominations: flexible credit hour programs as Federal employees James Franklin Collins, of Illinois, to be Ambas- currently enjoy to help balance the demands and sador to the Russian Federation. need of work and family, to clarify the provisions re- Janice R. Lachance, of Virginia, to be Deputy Di- lating to exemptions of certain professionals from the rector of the Office of Personnel Management. minimum wage and overtime requirements of the 27 Army nominations in the rank of general. Fair Labor Standards Act of 1938, with a modified 1 Marine Corps nomination in the rank of general. committee amendment. Pages S5158±74 9 Navy nominations in the rank of admiral. A motion was entered to close further debate on Routine lists in the Marine Corps and Navy. the modified committee amendment and, in accord- Pages S5194±96 ance with Rule XXII of the Standing Rules of the Senate, a vote on the cloture motion will occur on Messages From the President: Pages S5174±76 Wednesday, June 4, 1997. Page S5174 Messages From the House: Page S5176 Senate will continue consideration of the bill on Measures Placed on Calendar: Page S5176 Tuesday, June 3, 1997. Measures Read First Time: Pages S5176±77 Messages From the President: Senate received the following messages from the President of the United Communications: Pages S5177±78 States: Petitions: Pages S5178±91 Received on Wednesday, May 28, 1997, during Statements on Introduced Bills: Pages S5191±92 the adjournment of the Senate: Transmitting the report concerning the continu- Additional Cosponsors: Pages S5192±93 ation with respect to the Federal Republic of Yugo- Additional Statements: Pages S5193±94 D547 D548 CONGRESSIONAL RECORD — DAILY DIGEST June 2, 1997 Adjournment: Senate convened at 12 noon, and ad- journed at 5:04 p.m., until 9:30 a.m., on Tuesday, Committee Meetings June 3, 1997. (For Senate’s program, see the remarks No committee meetings were held. of the Acting Majority Leader in today’s Record on page S5194.) h House of Representatives 7. H.R. 79, Hoopa Valley Reservation South Chamber Action Boundary Adjustment Act. The house was not in session today. It will next Wednesday, Thursday, and Friday: Consideration of meet on Tuesday, June 3. H.R. 1486, Foreign Policy Reform Act (subject to a rule); Consideration of the Conference Report to accompany H. Con. Res. 84, FY 1998 Budget (sub- Committee Meetings ject to a rule); and Consideration of the Conference No Committee meetings were held. Report to accompany H.R. 1469, Emergency Sup- plemental Appropriations Act (subject to a rule). f CONGRESSIONAL PROGRAM AHEAD Senate Committees (Committee meetings are open unless otherwise indicated) Week of June 3 through 7, 1997 Committee on Agriculture, Nutrition, and Forestry: June 5, Senate Chamber to hold hearings to examine instances of contaminated strawberries in school lunches, 9 a.m., SR–332. On Tuesday and Wednesday, Senate will continue Committee on Appropriations: June 4, Subcommittee on consideration of S. 4, Family Friendly Workplace Defense, to hold hearings on proposed budget estimates Act, with a cloture vote on the modified committee for fiscal year 1998 for the Department of Defense, 9 amendment to occur on Wednesday. a.m., SD–192. During the balance of the week, Senate expects to June 5, Subcommittee on Legislative Branch, to hold consider the Conference Report on H.R. 1469, hearings on proposed budget estimates for fiscal year Emergency Supplemental Appropriations, and the 1998 for the Library of Congress, General Accounting Conference Report on H. Con. Res. 84, Concurrent Office, and the Government Printing Office, 10 a.m., Budget Resolution, and consider any cleared execu- S–128, Capitol. tive and legislative business. Committee on Armed Services: June 5, Subcommittee on Personnel, to hold hearings on gender integrated training (Senate will recess on Tuesday, June 3, 1997 from and related matters, 9:30 a.m., SH–216. 12:30 p.m. until 2:15 p.m. for respective party con- Committee on Banking, Housing, and Urban Affairs: June ferences.) 5, business meeting, to mark up S. 621, to repeal the House Chamber Public Utility Holding Company Act of 1935 and trans- fer residual regulatory authority from the Securities and Monday, The House was not in session. Exchange Commission to the Federal Energy Regulatory Tuesday, Consideration of 7 Suspensions: Commission and State public service commissions, and to 1. H.J. Res. 75, Conferring Status as an Honorary consider the nominations of James A. Harmon, of New Veteran of the U.S. Armed Forces on Leslie Townes York, to be President, and Jackie M. Clegg, of Utah, to (Bob) Hope; be First Vice President, both of the Export-Import Bank 2. H.R. 908, Establishing a Commission on Struc- of the United States, 10 a.m., SD–538. tural Alternatives for the Federal Courts of Appeals; Committee on Commerce, Science, and Transportation: June 3. H.R. 1420, National Wildlife Refuge System 3, Subcommittee on Communications, to hold hearings to examine Internet 2 and the Next Generation Internet, Improvement Act; which would enable scientists to access advanced comput- 4. H.R. 1019, Raggeds Wilderness, White River ing capabilities and provide them with a scientific and National Forest Boundary Adjustment; technological infrastructure for research activities, 9:30 5. H.R. 1020, White River National Forest a.m., SR–253. Boundary Adjustment; June 3, Subcommittee on Communications, to resume 6. H.R. 1439, Facilitating the Sale of Certain hearings to examine the Federal Communications Com- Land in Tahoe National Forest; and mission implementation of the Telecommunications Act June 2, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D549 of 1996, focusing on efforts to implement universal tele- House Committees phone service reform and FCC proposals to assess new Committee on Agriculture, June 5, hearing on Scientific per-minute fees on Internet service providers, 2:30 p.m., Review of Forest Health, 10:00 a.m., 1300 Longworth. SR–253. Committee on Appropriations, June 3, Subcommittee on June 4, Subcommittee on Aviation, to hold hearings on Labor, Health and Human Services, and Education, on the status of bilateral aviation negotiations between the Members of Congress, 10:00 a.m., 2358 Rayburn. United States and the United Kingdom, 2 p.m., SR–253. June 5, Subcommittee on Labor, Health and Human June 5, Full Committee, to hold hearings to examine Services, and Education, on Occupational Safety and United States trade with Asia, 9:30 a.m., SR–253. Health Review Commission; Federal Mine Safety and Committee on Environment and Public Works: June 4, to Health Review Commission; and Federal Mediation and hold hearings on the nomination of Michael J. Arm- Conciliation Service, 10:00 a.m., 2358 Rayburn. strong, of Colorado, to be an Associate Director of the Committee on Banking and Financial Services, June 3, to Federal Emergency Management Agency, 9:30 a.m., continue hearing on Financial Modernization, including SD–406. H.R. 10, Financial Services Competitiveness Act of 1997, June 5, Full Committee, business meeting, to consider 10 a.m., 2128 Rayburn. pending calendar business, 9:30 a.m., SD–406. Committee on Commerce, June 4, to mark up the follow- June 6, Subcommittee on Transportation and Infra- ing bills: H.R. 848, to extend the deadline under the structure, to resume hearings on proposed legislation au- Federal Power Act applicable to the construction of the thorizing funds for programs of the Intermodal Surface AuSable Hydroelectric Project in New York; H.R. 1184, Transportation Efficiency Act, focusing on the replace- to extend the deadline under the Federal Power Act for ment of the Woodrow Wilson Memorial Bridge, 9:30 the construction of the Bear Creek hydroelectric project a.m., SD–406. in the State of Washington; H.R. 1217, to extend the Committee on Finance: June 3, to hold hearings to exam- deadline under the Federal Power Act for the construction ine the need for renewal of the Fast-Track Trade Nego- of a hydroelectric project located in the State of Washing- tiating Authority, 10 a.m., SD–215. ton; and H.R. 1277, Department of Energy Civilian Re- Committee on Foreign Relations: June 3, to hold hearings search and Development Act of 1997, 10 a.m., 2123 on the Agreement Between the Government of the Unit- Rayburn. ed States of America and the Government of Hong Kong Committee on Education and the Workforce, June 5, Sub- for the Surrender of Fugitive Offenders, signed at Hong committee on Early Childhood, Youth and Families, hear- Kong on December 20, 1996 (Treaty Doc. 105–3), 10 ing on proposed Vocational Education legislation, 1:00 a.m., SD–419. p.m., 2175 Rayburn. Committee on Governmental Affairs: June 3, Subcommit- June 5, Subcommittee on Postsecondary Education, tee on Oversight of Government Management, Restruc- Training, and Life-Long Learning, hearing on H.R. 6, turing and the District of Columbia, to hold hearings on Higher Education Act Amendments of 1998, 9:30 a.m., the merits of the Department of Commerce’s subsidies to 2175 Rayburn. private industry to develop civilian technologies, 1:30 Committee on Government Reform and Oversight, June 3, p.m., SD–342. Subcommittee on Government Management, Information, June 5, Subcommittee on International Security, Pro- and Technology, hearing on Government Performance liferation and Federal Services, to hold hearings to exam- and Results Act: Status and Prospects of the Results Act, ine proliferation issues, focusing on Russian case studies, 9:30 a.m., 2154 Rayburn. 2 p.m., SD–342. June 3, Subcommittee on Government Management, Committee on the Judiciary: June 4, to hold oversight Information, and Technology, hearing on H. R. 404, to hearings on the Federal Bureau of Investigation, Depart- amend the Federal Property and Administrative Services ment of Justice, 9 a.m., SD–226. Act of 1949 to authorize the transfer to State and local Committee on Labor and Human Resources: June 5, Sub- governments of certain surplus property for use for law committee on Children and Families, to hold hearings to enforcement or public safety purposes, 2:00 p.m., 2154 examine policy implications of child brain development, Rayburn. 9:30 a.m., SD–430. June 4, Subcommittee on National Security, Inter- June 5, Subcommittee on Aging, to hold hearings to national Affairs, and Criminal Justice, hearing and mark- examine challenges of treating Alzheimer’s disease, focus- up of H.R. 1553, to amend the President John F. Ken- ing on biomedical research options, 2:30 p.m., SD–430. nedy Assassination Records Collection Act of 1992 to ex- Committee on Small Business: June 4, to hold hearings to tend the authorization of the Assassination Records Re- examine small business perspectives on mandates, paper- view Board until September 30, 1998, 12:00 p.m., 2154 work, and regulation, 9:30 a.m., SR–428A. Rayburn. Select Committee on Intelligence: June 4, to hold closed June 5, Subcommittee on Civil Service, to mark up hearings on intelligence matters, 2:30 p.m., SH–219. Budget Reconciliation proposals, 9 a.m., 2203 Rayburn. June 5, Subcommittee on Government Management, NOTICE Information, and Technology, hearing on H. R. 52, to es- tablish a code of air information practices for health infor- For a listing of Senate committee meetings sched- mation, to amend section 552a of title 5, United States uled ahead, see pages E1073–74 in today’s Record. Code, 9:30 a.m., 2154 Rayburn. D550 CONGRESSIONAL RECORD — DAILY DIGEST June 2, 1997

June 5, Subcommittee on Human Resources, hearing Space Act of 1997: Commercial Remote Sensing, Part II, on FDA Regulation of Blood Safety: Notification, Recall, 1 p.m., 2318 Rayburn. and Enforcement Practices, 10:00 a.m., 2247 Rayburn. Committee on Small Business, June 5, full Committee, June 5, Subcommittee on Postal Service, to mark up hearing on Small Business Regulatory Enforcement Fair- the following: H.R. 1254, to designate the U.S. Post Of- ness Act (P.L. 104–121), including the amendments to fice building located at Bennett and Kansas Avenue in the Regulatory Flexibility Act contained therein, 9:30 Springfield, Missouri, as the ‘‘John N. Griesemer Post a.m., 2359 Rayburn. Office Building’’; and Budget Reconciliation proposals, Committee on Transportation and Infrastructure, June 4, 11 a.m., 2203 Rayburn. Subcommittee on Public Buildings and Economic Devel- Committee on the Judiciary, June 3, Subcommittee on opment, hearing and markup of H.R. 1747, John F. Ken- Immigration and Claims, to markup private claims and nedy Center Parking Improvement Act of 1997, 9 a.m., immigration measures, 4 p.m., 2237 Rayburn. 2253 Rayburn. June 4, full Committee, oversight hearing on the Anti- June 5, Subcommittee on Aviation, hearing on trust Aspects of Electricity Deregulation, 9:30 a.m., 2141 Grounding of Great Lakes Aviation, 8:30 a.m., 2172 Rayburn. June 5, Subcommittee on Crime, to continue oversight Rayburn. hearings regarding the activities of the FBI, 9:30 a.m., June 5, Subcommittee on Water Resources and Envi- 2141 Rayburn. ronment, hearing on The Future of TVA and its Non- Committee on National Security, June 4, Merchant Marine power Programs, 10:00 a.m., 2167 Rayburn. Panel, to mark up H.R. 1119, National Defense Author- Committee on Veterans’ Affairs, June 4, hearing on H.R. ization Act for Fiscal Years 1998 and 1999, 3:00 p.m., 699, the Military Voting Rights Act of 1997, 9:30 a.m., 2216 Rayburn. 334 Cannon. June 4, Morale, Welfare and Recreation Panel, to mark June 5, Subcommittee on Benefits, oversight hearing to up H.R. 1119, National Defense Authorization Act for review the Government Performance and Results Act Fiscal Years 1998 and 1999, 1:00 p.m., 2212 Rayburn. (GPRA) strategies for both the Education Service and the June 4, Subcommittee on Military Installations and Fa- Vocational Rehabilitation and Counseling Service (VR&C) cilities, to mark up H.R. 1119, National Defense Author- within the Department of Veterans Affairs, 9:30 a.m., ization Act for Fiscal Years 1998 and 1999, 4:00 p.m., 334 Cannon. 2212 Rayburn. Committee on Ways and Means, June 4 and 5, Sub- June 5, Subcommittee on Military Personnel, to mark committee on Health, to markup budget reconciliation up H.R. 1119, National Defense Authorization Act for health proposals, 4 p.m., on June 4 and 10 a.m., on June Fiscal Years 1998 and 1999, 10 a.m., 2212 Rayburn. 5, 1100 Longworth. June 5, Subcommittee on Military Readiness, to mark June 6, Subcommittee on Human Resources, to mark up H.R. 1119, National Defense Authorization Act for up budget reconciliation welfare proposals, 9 a.m., B–318 Fiscal Years 1998 and 1999, 1:00 p.m., 2212 Rayburn. Rayburn. Committee on Resources, June 3, Subcommittee on Fish- Permanent Select Committee on Intelligence, June 5, execu- eries Conservation, Wildlife & Oceans, oversight hearing tive, to mark up Intelligence Budget Authorization, 1:00 on the CITES (Convention on International Trade in En- p.m., H–405 Capitol. dangered Species of Wild Fauna and Flora) meeting, 2:00 p.m., 1334 Longworth. Joint Meetings Committee on Rules, June 3, to consider the following: H. Con. Res. 84, establishing the congressional budget Joint Economic Committee: June 6, to hold hearings to ex- for the United States Government for fiscal year 1998 amine the employment-unemployment situation for May, and setting forth appropriate budgetary levels for fiscal 9:30 a.m., 1334 Longworth Building. years 1999, 2000, 2001, and 2002 (Senate Amendment); Conferees: June 4, On H.R. 1469, making emergency and H.R. 1486, Foreign Policy Reform Act, 1 p.m., supplemental appropriations for recovery from natural H–313 Capitol. disasters, and for overseas peacekeeping efforts, including Committee on Science, June 4, Subcommittee on Space those in Bosnia, for the fiscal year ending September 30, and Aeronautics, to continue hearings on the Commercial 1997, 1 p.m., S–05, Capitol. June 2, 1997 CONGRESSIONAL RECORD—DAILY DIGEST D 551

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FIFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 7 through May 31, 1997 January 7 through May 31, 1997

Senate House Total Civilian nominations, totaling 192, disposed of as follows: Days in session ...... 71 56 . . Confirmed ...... 78 Time in session ...... 468 hrs., 35′ 331 hrs., 18′ . . Unconfirmed ...... 112 Congressional Record: Withdrawn ...... 2 Pages of proceedings ...... 5,155 3,213 . . Extensions of Remarks ...... 1,071 . . Public bills enacted into law ...... 3 12 15 Civilian nominations (FS, PHS, CG, NOAA), totaling 1,773, disposed Private bills enacted into law ...... of as follows: Bills in conference ...... 1 2 . . Confirmed ...... 1,467 Measures passed, total ...... 99 170 269 Unconfirmed ...... 306 Senate bills ...... 13 3 . . House bills ...... 15 64 . . Senate joint resolutions ...... 4 1 . . Air Force nominations, totaling 2,016, disposed of as follows: House joint resolutions ...... 3 4 . . Confirmed ...... 2,012 Senate concurrent resolutions ...... 9 6 . . Unconfirmed ...... 4 House concurrent resolutions ...... 9 16 . . Simple resolutions ...... 46 76 . . Measures reported, total ...... *55 *105 . . Army nominations, totaling 1,924, disposed of as follows: Senate bills ...... 21 . . . . Confirmed ...... 1,378 House bills ...... 64 . . Unconfirmed ...... 546 Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 1 4 . . Senate concurrent resolutions ...... 3 . . . . Navy nominations, totaling 1,180, disposed of as follows: House concurrent resolutions ...... 5 . . Confirmed ...... 1,147 Simple resolutions ...... 28 32 . . Unconfirmed ...... 33 Special reports ...... 6 3 . . Conference reports ...... Measures pending on calendar ...... 34 8 . . Marine Corps nominations, totaling 1,550, disposed of as follows: Measures introduced, total ...... 970 2,080 3,050 Confirmed ...... 1,496 Bills ...... 818 1,753 . . Unconfirmed ...... 54 Joint resolutions ...... 30 78 . . Concurrent resolutions ...... 30 91 . . Simple resolutions ...... 92 158 . . Summary Quorum calls ...... 1 2 . . Yea-and-nay votes ...... 92 81 . . Total nominations received this session ...... 8,635 Recorded votes ...... 72 . . Total confirmed ...... 7,578 Bills vetoed ...... Total unconfirmed ...... 1,055 Vetoes overridden ...... Total withdrawn ...... 2

* These figures include all measures reported, even if there was no accom- panying report. A total of 22 reports has been filed in the Senate, a total of 108 reports has been filed in the House. D552 CONGRESSIONAL RECORD — DAILY DIGEST June 2, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, June 3 9:30 a.m., Tuesday, June 3

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of 7 Suspensions: morning business (not to extend beyond 12:30 p.m.), 1. H.J. Res. 75, Conferring Status as an Honorary Vet- Senate will resume consideration of S. 4, Family Friendly eran of the U.S. Armed Forces on Leslie Townes (Bob) Workplace Act. Hope; (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- 2. H.R. 908, Establishing a Commission on Structural spective party conferences.) Alternatives for the Federal Courts of Appeals; 3. H.R. 1420, National Wildlife Refuge System Im- provement Act; 4. H.R. 1019, Raggeds Wilderness, White River Na- tional Forest Boundary Adjustment; 5. H.R. 1020, White River National Forest Boundary Adjustment; 6. H.R. 1439, Facilitating the Sale of Certain Land in Tahoe National Forest; and 7. H.R. 79, Hoopa Valley Reservation South Boundary Adjustment Act. NOTE: No recorded votes are expected before 5 p.m.

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